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LIBRARY 


UNIVERSITY   OF  CALIFORNIA 

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Accessions  A?o.  2.  <? '/  2-  /        Sliflf  No. 


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OS- 


THE  POLITICAL  HISTORY 


OF    THE 


UNITED  STATES  OF  AMERICA, 


DURING 


THE  GREAT  REBELLION, 

INCLUDING 

A  CLASSIFIED  SUMMARY  OP  THE  LEGISLATION  OF  THE  SECOND  SESSION  OF  THE  THIRTY-SIXTH  CON 
GRESS,  THE  THREE  SESSIONS  OF  THE  THIRTY-SEVENTH  CONGRESS,  THE  FIRST  SESSION 
OF  THE  THIRTY-EIGHTH  CONGRESS,  WITH   THE  VOTES  THEREON, 

AND  THE  IMPORTANT 

EXECUTIVE,  JUDICIAL,  AND   POLITICO-MILITARY  FACTS   OF   THAT 

EVENTFUL  PERIOD; 

TOGETHER  WITH  THB 

ORGANIZATION.  LEGISLATION,  AND  GENERAL  PROCEEDINGS  OF  THE  REBEI 

ADMINISTRATION ; 


CONTAINING  THE  PRINCIPAL   POLITICAL  FACTS  OF   THE  CAMPAIGN   OF  1864 
A  CHAPTER  ON  THE  CHURCH  ^BUXJaiBREBELLION,  AND  THE  PROCEED 
INGS  OF  THE  SECOND.  SESSION  OF  THE  THIRTY-EIGHTH  CONGRESS. 


BY     EDWARD     McPEERSON, 

OF  GETTYSBURG,   PENNSYLVANIA, 
LATE   CLERK   OF   THE    HOUSE   OF    REPRESENTATIVES   OF   THE   UNITED   STATES. 


WASHINGTON,  D.  C.  : 
JAMES    J.  CHAPMAN. 

1882. 


Entered   according  to  Act  of  Congress,  in  the  year  1882,  by 

JAMES    J.    CHAPMAN, 
In  the  Office  of  the  Librarian  of  Congress. 


PREFACE. 


THIS  volume  is  intended  to  be  a  Eecord  of  the  Legislation,  and  the  general 
Political  History  of  the  United  States,  for  the  last  four  years — a  period  of 
unexampled  activity  and  of  singularly  deep  interest  and  importance,  whether 
reference  be  had  to  the  vast  material  interests  involved  in  the  stupendous 
struggle,  or  the  precedents,  principles,  and  measures  which  the  Convulsion 
has  produced.  It  is  further  intended  to  be  a  Kecord  rather  of  those  salient 
facts  which  embody  or  illustrate  principles,  than  of  those  which  relate  to 
men  or  parties,  and  hence  have  transient  and  inferior  significance. 

So  abundant  have  been  the  materials,  that  compression  has  been  a  necessity.  Selec 
tion  has  been  made  with  the  purpose  of  presenting,  fully  and  fairly,  the  facts  as  they 
are,  and  the  agencies  by  which  they  came — viewing  all  else  as  subordinate. 

The  first  Ninety  pages  are  devoted  to  the  period  of  Secession,  and  contain  a  narrative 
of  the  successive  steps  in  the  movement  in  each  State,  in  chronological  order  j  also, 
the  elaborate  justifying  papers  of  the  South  Carolina  Convention,  with  counter-selec 
tions  from  other  authorities ;  together  with  .t  condensation  of  the  various  propositions 
of  Adjustment  made  in  or  out  of  Congress  and  the  vote  upon  each  taken  in  either 
body,  and  the  various  Official  Papers  of  the  day  tending  to  show  the  relations  of  the 
parties,  the  wrongs  complained  of,  and  the  remedies  proposed.  Closely  examining 
this  Kecord,  it  is  difficult  for  a  candid  person  to  escape  the  conviction  that  Adjust 
ment  was  hopeless — Revolution  having  been  the  pre-determined  purpose  of  the  reck 
less  men  who  had  obtained  control  of  the  State  machinery  of  most  of  the  slaveholding 
States.  This  conviction  will  be  strengthened  by  study  of  what  has  since  transpired. 

It  will  be  remembered  that  the  Thirty-Sixth  Congress  proposed  permanently  to 
settle  the  security  of  slavery  in  the  slaveholding  States  by  an  amendment  of  the  Con 
stitution,  which  was  adopted  by  a  two-thirds  vote  iu  each  House.  And  that  it  com 
pletely  disposed  of  the  Territorial  feature  of  the  difficulties  by  agreeing  upon,  and 
almost  unanimously  passing,  bills  organizing  Territories  covering  the  entire  area 
owned  by  the  Government.  The  record  of  these  two  important  historical  facts  is 
given  within.  They  have  great  significance  in  establishing  the  character  of  the 

Eebellion. 

in 


iv 


PREFACE. 


The  copy  of  the  Constitution  of  the  United  States  is  believed  to  be  ttrictty  accurate 
in  text  and  punctuation,  which,  it  is  understood,  can  be  said  of  only  one  other  copy 
in  print  —  that  in  the  work  known  as  Rickey's  Constitution.  The  statement  of  the 
differences  between  it  and  the  Rebel  Constitution  has  been  made  with  extreme  care. 
The  common  index  to  the  two  instruments  shows,  at  a  glance,  wherein  they  differ, 
and  will  be  found  both  interesting  and  convenient  —  the  whole  chapter  possessing 
special  value  to  large  classes  of  persrns. 

In  presenting  the  facts  upon  each  subject  of  legislation,  the  general  plan  has  been  : 
first,  to  state  the  result  reached,  with  the  final  votes;  and,  then,  such  proceedings,  in 
the  intermediate  stages,  as  are  of  adequate  importance,  or  necessary  to  explain  the 
position  of  Members.  This  preparation  involved  constant  selection,  concerning  which 
there  may  be  differences  of  opinion  —  sonie  thinking  that  too  much  detail  on  one 
suhjeer  is  given  ;  others,  too  little  of  another.  In  all  cases  the  rule  stated,  governed. 
As  Car  as  it  has  been  possible  to  obtain  the  Rebel  legislation  on  the  same  or  cor 
responding  subjects,  it  has  been  added,  with  such  of  their  orders  and  proclamations  as 
were  connected  with  them.  A  comparison  of  the  two,  and  the  dates  of  enactment 
or  issue,  will  prove  of  service  in  dispelling  delusions  and  correcting  general  miscon- 


Besides  the  legislation  proper,  the  volume  contains,  in  a  classified  form,  all  the 
Messages,  Proclamations,  Orders,  Correspondence,  and  Addresses  of  the  President; 
the  Diplomacy  of  the  Secretary  of  State  ;  valuable  letters  and  papers  from  the  Secre 
taries  of  the  Treasury,  of  War,  of  the  Navy,  of  the  Interior,  and  from  the  Postmaster 
General;  Opinions  of  the  Attorney  General  upon  commanding  public  questions;  those 
of  the  Orders  of  Commanding  Officers  which  are  within  the  scope  of  the  work  ;  the 
Decisions  of  the  Courts  ;  and  such  other  data  as  properly  belong  therein  —  the  whole 
forming  a  multitudinous  mass  of  facts,  to  any  one  of  which  the  classification  adopted, 
and  the  copious  index  appended,  will,  it  is  hoped,  make  it  easy  to  refer. 

The  votes  by  Yeas  and  Nays  have  been  carefully  compared  with  the  Official 
Journals  of  Congress.  In  preparing  these  lists,  the  names  of  those  persons  have,  for 
comparison's  sake,  been  italicised,  who  were  elected  by,  or  were  at  the  time  generally 
co-operating  with,  the  Democratic  party.  All  others  are  in  roman. 

Under  "  Our  Foreign  Relations  "  will  be  found  much  of  permanent  value,  as  well 
as  of  current  interest  and  dispute. 

The  chapter  on  the  "  Conspiracy  of  Disunion"  contains  several  very  interesting 
documents,  chief  of  which  are  the  extract  from  U.  S.  Senator  Maclay's  journal  of 
1789,  recording,  probably,  the  first  threat  of  disunion  uttered  in  Congress,  and  upon 
a  subject  which  remained  a  matter  of  complaint  in  some  quarters  down  to  the  period 
of  Secession  ;  and  the  Minutes  of  the  Proceedings  of  the  Police  Commissioners  of 
Baltimore  in  1861,  one  of  the  most  flagrant  as  well  as  one  of  the  latest  outbursts  of 
treason.  Other  portions  of  this  chapter  will  richly  bear  examination.  I  greatly 
regret  that  want  of  space  has  required  the  omission  of  many  other  facts,  gathered  from 
our  political  history,  tending  to  reveal  the  true  character  of  this  foul  conspiracy 
against  Liberty,  this  crime  against  humanity. 


y  PREFACE.  V 

The  lists  of  the  organization  of  the  Rebel  "  Provisional  "  and  "  Permanent" 
Government  have  been  made  up  from  every  accessible  source,  and,  though  not  com 
plete,  are  more  nearly  so  than  any  other  yet  published  north  of  the  Potomac,  and  as 
nearly  so  as  present  facilities  afford.  They  are  the  result  of  careful  and  extensive 
examination.  As  a  matter  of  interest,  the  names  of  those  of  the  conspirators  who 
were  once  members  of  the  Congress  of  the  Union  have  been  put  in  italic. 

This  work  was  undertaken  a  few  months  ago  without  a  realizing  sense  of  the  labor 
it  involved.  I  can  scarcely  hope  to  have  escaped  errors,  both  of  omission  and  com 
mission,  but,  have  striven  to  make  it  fair,  impartial,  and  truthful.  It  deals  with  the 
most  momentous  events  of  this  Century,  which  will  be  studied  while  civil  Government 
exists.  I  trust  that  the  volume  will  be  of  service  to  those  consulting  it,  and  that  its 
general  effect  will  be  to  help  strengthen  the  purpose  of  the  American  people  to  main 
tain  their  Unity,  their  Freedom,  and  their  Power. 

EDWARD  McPHERSON. 

August  II,  1864. 


PREFACE  TO  THE  SECOND  EDITION. 

I  have  revised  the  entire  work,  and  corrected  every  error  ascertained,  'the 
Appendix  has  expanded  greatly  beyond  the  original  design.  Much  of  the  matter  in 
it  is  quite  inaccessible,  and  the  delays  and  uncertainties  of  procuring  it  led  almost 
insensibly  to  an  enlargement,  and  also  somewhat  disturbed  the  methodical  arrange 
ment  elsewhere  preserved.  The  historic  papers  of  the  South  Carolina  Convention, 
as  now  printed,  are  from  official  copies,  and  differ  very  suggestively  from  current 
versions,  in  numerous  material  points.  The  votes  on  Secession  Ordinances,  and 
subsequently  on  the  Extinction  of  Slavery,  in  several  of  the  rebellious  States,  form 
a  pleasing  contrast. 

The  copious  chapter  on  "  The  Church  and  the  Rebellion  "  has  been  gathered  with 
great  care,  and  will  serve  to  show  their  mutual  relations  and  influence,  as  well  as  the 
singularly  diverse  views  which  have  prevailed  in  Church  courts.  The  contributions 
from  the  Bureau  of  Military  Justice  illustrate  the  practical  working  of  the  Emanci 
pation  policy,  and  will  amply  justify  attention.  To  the  action  of  the  last  session  of 
Congress,  and  the  record  of  the  Presidential  canvass  which  preceded  it — of  the  result 
of  which  an  official  tabular  statement  is  furnished — every  student  of  American  politics 
will  have  constant  occasion  to  refer.  On  the  great  unsettled  question  of  Reconstruc 
tion,  the  full  record  is  presented. 

It  would  be  improper,  in  issuing  this  enlarged,  and  it  is  hoped  improved  edition,  not 
to  express  my  thanks  for  the  kind  reception  given  the  first  by  the  Press  and  the 
Public. 

March  24,  1805  EDWARD    McPHERSON 


PREFACE. 


PREFACE  TO  THE   FOURTH   EDITION, 

I  have  revised  every  page  in  the  volume,  and  made  a  number  of  corrections.  I 
have  not  yet  found  an  important  error  of  statement ;  but  this  edition  has  the  ad 
vantage  of  being  the  most  accurate.  As  the  book  has  stood  the  test  of  eighteen 
years'  criticism,  it  may  be  safe  to  assume  that  every  statement  of  fact  in  it  is  now 
secure  against  assault. 

The  principal  change  is  the  insertion,  in  place  of  the  first  report  of  Mr.  Lin 
coln's  speech  at  Gettysburg,  November  19,  1863,  of  the  authentic  and  revised 
report  of  it  made  by  himself.  As  this  has  become  an  American  classic,  I  have 
substituted  the  one  copy  of  it  for  the  other. 

The  reception  given  to  this  book  in  its  various  editions  by  the  intelligent  public, 
both  in  this  country  and  in  Europe,  has  been  such  as  to  call  for  an  expression  of 
acknowledgment  from  me. 

EDWARD  McPHERSON. 

July  5,  1882. 


TABLE  OF  CONTENTS. 


Page. 

THE  ELECTOBAL  AND  POPULAR  VOTE  FOR 
PRESIDENT,  IN  1860 l 

DEVELOPMENT  OF  THE  SECESSION  MOVEMENT  2 
Action  of  Conventions  in  South  Carolina,  Geor 
gia,  Mississippi,  Florida,  Louisiana,  Alabama, 
Arkansas,  Texas,  North  Carolina,  Tennessee. 
Virginia,  Kentucky,  and  Missouri— Insurrec 
tionary  Proceedings  in  the  State  of  Maryland 
—Inter-State  Commissioners— Organization  of 
a  ''Southern  Congress,"  and  Provisional  Gov 
ernment—Address  of  South  Carolina  to  the 
Slaveholding  States,  her  Declaration  of  Inde 
pendence,  and  Debates  on  them— Speech  of 
Alexander  II.  Stephens  before  the  Georgia  Legis 
lature,  Nov.  14, 1860— Extracts  from  Addresses 
by  A.  II.  Stephens,  July,  1859,  and  Jan.,  1861; 
James  H.  Hammond,  October,  1858 ;  and  R.  M. 
T.  Hunter,  1860— Extract  from  the  Appeal  for 
Recognition,  by  Yancey,  Rost,  and  Mann,  and 
Earl  Russell's  Reply— Seizure  and  Surrender  of 
Public  Property,from  November  4, 1860,to  March 
4, 1861— Changes  in  President  Buchanan's  Cab 
inet — Correspondence  between  President  Buch 
anan  and  the  South  Carolina  "Commission 
ers  " — Demand  lor  Surrender  of  Fort  Sumter — 
Report  on  the  Transfer  of  Arms  to  the  South 
in  1800  and  1860— Davis's  Bill  lor  the  Sale  of 
Government  Arms  to  the  States — How  the  Tel 
egraph  aided  Secession — Intrigues  for  a  Pacific 
Republic — Mayor  Wood's  Message  Recommend 
ing  that  New  York  be  made  a  Free  City — "  Per 
sonal  Liberty"  Laws. 

PROCEEDINGS  OF  THE  GOVERNMENT  IN  RE 
LATION  TO  THE  ACTION  OF  THE  INSUR 
RECTIONARY  STATES 48 

Names  of  the  Senators  and  Representatives  of 
the  Thirty-Sixth  Congress,  Second  Session — 
President  Buchanan's  Last  Annual  Message — 
Attorney  General  Black's  Opinion  on  the  Powers 
of  the  President — The  House  Committee  of 
Thirty -Three  and  their  Proposition  for  Adjust 
ment,  together  with  abstracts  of  all  other  propo 
sitions,  and  votes  thereon — Votes  on  Resolutions 
respecting  the  ''Personal  Liberty"  Laws,  the 
Union,  Major  Anderson's  Course,  Coercion,  Non 
interference  with  Slavery,  and  on  the  Bill  to 
Suppress  Insurrection,  and  to  provide  for  the 
Collection  of  Customs — Report  of  Committee 
upon  the  Danger  of  the  Capital,  and  Vote  upon 
Branch's  Resolution  to  withdraw  Troops  from 
the  District  of  Columbia,  with  Secretary  Holt's 
Report — Disposition  of  the  Navy,  and  Vote  of 
Censure  upon  Secretary  Toucey — Propositions 
in  Congress  by  Mason,  Hunter,  Clingman,  Craige, 
and  others — Settlement  of  the  Question  of  Sla 
very  in  the  Territories. 

THE  CONSTITUTION 91 

Constitution  of  the  United  States— Points  of 
Difference  between  It  and  the  "Confederate" 
Constitution,  with  an  Index  to  both — Speech  of 
Alexander  II.  Stephens,  expounding  the  "  Con 
federate  "  Constitution. 

ADMINISTRATION  OF  ABRAHAM  LINCOLN....   105 

President  Lincoln's  Inaugural  Address — Secre 
tary  So  ward  and  the  "  Confederate  Commis 
sioners,"  with  Statements  of  Judge  Campbell 
and  Thurlpw  Weed — The  President's  Reply  to 
the  Virginia  Delegation — Commencement  of  hos- 


Pag. 

ADMINISTRATION  OF  ABRAHAM  LINCOLN — 
Continued. 

tilities  against  the  United  States,  and  Why— 
The  "  War  Power  "  called  out — Call  for  75,000 
Men,  and  all  subsequent  Calls  arranged  in 
Chronological  Order — National  Legislation  on 
Military  Affairs— "Confederate"  Legislation 
and  Proclamations  and  Orders — iTie  llllrty- 
Seventh  Congress — President's  Message  of  July, 
1861,  December,  1861,  and  December,  1862— The 
Thirty-Eighth  Congress— Annual  Message,  1863 
— Amnesty  Proclamation,  and  Circular  of  the  *" 
Attorney  General— Proclamations  concerning 
the  Blockade,  Non-Intercourse  with  States  in  Re 
bellion,  and  declaring  Boundaries  of  the  Re 
bellion. 

THE  AFRICAN  SLAVE  TRADE 150 

The  Seward-Lyons  Treaty — Vote  in  the  Senate 
upon  bill  to  give  it  effect — Action  of  the  "  Con 
federate"  Congress  on  Slave  Trade — Jefferson 
Davis's  Veto  thereof — Intercepted  Despatch 
from  Judah  P.  Benjamin  to  L.  Q.  C.  Lamar. 

ARREST  OF  CITIZENS,  THE  WRIT  OF  HABEAS 
CORPUS,  AND  SUPPRESSION  OF  NEWS 
PAPERS 153 

Arrest  of  Members  of  the  Maryland  Legislature 
and  of  the  Baltimore  Police  Commissioners — 
Orders  of  Gen.  McClellan  and  Secretary  Came 
ron — John  Merryman's  Case  and  Chief  Justice 
Taney's  Opinion — Attorney  General  Bates's 
Opinion  on  the  President's  Power  to  Arrest  and 
to  Suspend  the  Privilege  of  the  Writ  of  Habeas 
Corpus — Views  of  Horace  Binney  and  Theophilus 
Parsons — Case  of  C.  L.  Vallaudigham ;  Decision 
of  the  Supreme  Court  therein ;  his  Letter  on 
Retaliation ;  his  return  to  Ohio,  and  Speecli  at 
Hamilton — Proclamation  of  the  President  Sus 
pending  the  Privilege  of  the  Writ  of  Habeas 
Corpus — Indemnification  of  the  President — De 
cision  of  the  New  York  Supreme  Court  in  the 
Case  of  George  W.  Jones  vs.  W.  H.  Seward — 
"  Confederate  "  Legislation  upon  the  suspension 
of  the  Writ — Suppressions  and  Seizures  of  News- 
with  the  Proceedings  of  the  Courts, 
ngress,  and  the  Post  Office  Department. 

CONFISCATION  AND  EMANCIPATION 195 

The  Confiscation  Bills,  and  Amendatory  Joint 
Resolution,  and  Special  Message  thereon — 
Emancipation  in  the  Thirty-Seventh  Congress — 
Proposed  Repeal  of  the  Joint  Resolution  afore 
said — Sequestration  in  the  Rebel  States— Judi 
cial  and  Military  Proceedings  under  the  Confis 
cation  Law — Proclamation  thereon — President's 
Message,  March,  1862,  recommending  Compen 
sated  Emancipation — Congressional  Proceedings 
thereon — Interview  of  Border  State  Congress 
men  with  the  President — Emancipation  in 
the  District  of  Columbia— The  President's  Ap 
peal  to  the  Border  State  Congressmen,  and  their 
Reply — Extract  from  the  President's  Annual 
Message,  December,  1862 — Emancipation  in 
Maryland  and  Proceedings  of  the  Constitutional 
Convention  thereof — Emancipation  Proclama 
tions — Votes  thereon  and  Resolutions  con 
cerning  them — Interview  between  the  Chicago 
Deputation  and  the  President — Address  of  the 
Loyal  Governors — Mr.  Boutwell's  Statement 
concerning  the  Issue  of  the  Proclamation — Let 
ters  of  Charles  Sumuer  and  Owen  Lovojoy. 

vii 


Vlil 


TABLE    OF    CONTENTS. 


Page. 

REPEAL  OF  THE  FUGITIVE  SLAVE  LAWS,  "CON 
TRABANDS,'  AND  KINDRED  SUBJECTS 234 

Votes  on  the  Passage  of  the  Acts  of  1793  and 
1850— Repealing  Movements  in  the  Thirty- 
Second,  Thirty-Third,  Thirty-Seventh,  and 
Thirty-Eighth  Congresses— Census  Report  rela 
ting  to  the  Escape  of  Fugitive  Slaves  from  1850 
to  1800— The  New  Article  of  War— Employment 
of  Slaves  in  Government  Dock-Yards,  <fcc. — Re 
cognition  of  Hayti  und  Liberia— Robert  Small- 
Proposed  Removal  of  the  Disqualification  of 
Color  in  Carrying  the  Mails — Negro  Suffrage  in 
the  District  of  Columbia  and  Montana  Territory 
'  — Exclusion  of  Colored  Persons  from  Rail-cars — 
Colored  Persons  -M  Witnesses — Repeal  of  Laws 
regulating  the  Coastwise  Slave  Trade — Orders 
and  Letters  concerning  "  Contrabands,"  by 
Gens.  McCk'llan  and  Butler,  and  Secretary 
Cameron — Fremont's  Proclamation  of  Eman 
cipation,  and  Correspondence  with  the  President 
thereupon — "  Contrabands "  in  the  District  of 
Columbia— Gen.  Hurriside's  Proclamation  in 
North  Carolina — Orders  and  Proclamations  by 
Gens.  Ilalleck,  Buell,  Hooker,  McDowell,  Double- 
day  and  others — General  Instructions  by  the 
President  concerning  "Contrabands" — Gens. 
Phelps  and  Butler  on  Arming  Negroes — Pro 
posed  Congressional  Censure  of  Gen.  Halleck's 
Order  No.  3 — Prohibition  of  Slavery  in  the  Ter 
ritories — Amendments  to  the  Constitution,  pro 
posed  in  the  Thirty-Eighth  Congress,  First  Ses 
sion—Resolutions  on  Slavery  in  the  States,  in  the 
same  Congress — Bureau  of  Freedmen's  Affairs. 

LEGISLATION,  ORDERS,  PROCLAMATIONS  AND 
PROPOSITIONS,  RELATIVE  TO  THE  WAR, 
AND  TO  "PEACE" 261 

The  Enrollment  Acts  of  1863  and  1864,  with  the 
votes  upon  all  their  leading  Features  and  Char 
acteristics — Resolutions  relative  to  the  Enroll 
ment — Orders  of  the  War  Department  enforcing 
the  Draft  of  1862— Gen.  McClellan's  Recommen 
dation  of  a  Draft  in  1861— Colored  Soldiers  and 
their  Pay — Opinion  of  Attorney  General  Bates 
respecting  the  pay  of  Rev.  S.  Harrison,  colored 
Chaplain  of  the  54th  Mass.  Regiment — Rules 
and  Orders  for  the  Protection  of  Colored  Sol 
diers,  and  tlio  President's  Speech  thereon — Use 
of  Colored  Men  in  the  "  Confederate  "  Military 
Service — Negro  Enlistment  Act  of  the  Tennes 
see  Rebel  Legislature — "Confederate"  Legisla 
tion  upon  the  Treatment  of  captured  Color^l 
Troops  and  their  Officers — Homesteads  for  Sol 
diers — Unemployed  Generals — Resolutions  upon 
the  Objects  and  Prosecution  of  the  War,  in  the 
Thirty-fceventh  and  Thirty-Eighth  Congresses — 
"  Peace  "  Propositions  in  the  same — Correspond 
ence  between  the  President  and  Fernando  Wood 
— The  Niagara  Falls  Conference  and  Correspond 
ence — Peace  Propositions  in  the  Rebel  Congress 
— Correspondence  between  Governor  Vance  and 
Jefferson  Davis — Reported  Statement  of  Davis 
to  Gilmore. 

MILITARY  ORDERS  RESPECTING  ELECTIONS...  308 
Orders  of  Gens.  McClellan,  Dix,  and  Schenck — 
Governor  Bradford's  Proclamation  of  1863,  and 
the  President's  Letter  to  the  Governor — Orders 
in  Delaware,  Kentucky,  and  Missouri — Orders 
concerning  Impressment  of  Property — Proposed 
Legislation  upon  Military  Interference  in  Elec 
tions. 

^/RECONSTRUCTION  OF  STATES  317 

The  Reconstruction  Bill,  with  the  President's 
Proclamation  therecn,  and  Statement  of  Sena 
tor  Wade  and  Representative  Davis — Electoral 
Vote  of  Rebel  States — Proposed  Commission  of 
Inquiry — Senators  from  Arkansas — Process  of 
Reconstruction/in  Arkansas,  Louisi;«ia,  and  Vir 
ginia — Resolutions  by  sundry  Senators  and  Rep 
resentatives  concerning  the  Relations  of  Rebel 
States  to  the  Government — Rebel  Views  of  Recon 
struction,  being  Resolutions  by  the  First  "  Con 
federate"  Congress,  and  Legislatures  of  Rebel 
States,  with  Statements  of  prominent  Rebels. 

MISCELLANEOUS  PAPERS  AND  SPEECHES  OF 
THK  PRESIDENT 333 

Message  of  May  29,  1862— Remarks  at  Union 
Mooting  in  Washington  City,  August  6, 1862— 


Pag*. 

MISCELLANEOUS  PAPERS  AND  SPEKCIIES  OF 
THE  PRESIDENT — (Continued.) 

Response  to  a  Serenade,  July,  1863 — Speech  at 
the  Philadelphia  Fair,  June  16, 1864— Letters  to 
Horace  Greeley,  to  tin-  Spi  in-tiald  Ma**  Conven 
tion,  to  Col.  A.  G.  Hodges,  of  Kentucky,  and 
to  the  Grant  Meeting  in  New  York,  June,  1864. 

OUR  FOREIGN  RELATIONS 338 

The  Trent  Affair — Monarchical  Intrigues  in  Cen 
tral  and  South  America — Alleged  Foreign  En 
listments — Foreign  Mediation,  being  Letters 
from  Secretary  Seward  to  Governor  Hicks  and 
M.  Drouyn  de  FHuys.  and  from  Lord  Lyons  to 
Earl  Russell,  with  his  Views  on  those  of  New 
York  Democrats  respecting  Foreign  Mediation — 
The  French  in  Mexico — Congressional  Actiou 
thereon — The  Arguelles  Case. 

THE  FINANCES '{&# 

Summary  of  Financial  Legislation  from  Decem 
ber,  1S60,  to  June  30. 1864 — Special  War  Income 
Tax,  and  Votes  thereon— The  "Legal  Tender" 
Question — Loan  Bill  of  1804 — National  Currency 
Acts — Internal  Revenue  Acts — Proposed  Tax 
on  Slaves— Tariff  Acts  of  1802  and  1804— Taxes 
in  Insurrectionary  Dist  icts — The  Public  Credit 
in  1800  and  1801— Statements  of  Public  Debt 
from  June  30,  I860,  to  June  30,  1864—"  Confed 
erate"  Finances,  with  their  Tax,  Funding,  and 
Tithing  Acts. 

MISCELLANEOUS    MATTERS ''74 

The  President's  Views  on  Colonization — Incom 
patibility  of  Civil  and  Military  Office — Fishing 
Bounties— Acts  to  Prohibit  Polygamy:  declaring 
certain  Persons  Ineligible  to  Office;  and  to  Pun 
ish  Conspiracy — Letters  of  Marque — Enabling 
Act  for  Nebraska — Admission  of  West  Virginia 
— Opinions  of  Attorney  General  Bates  on  Citizen 
ship,  and  on  the  Pay  of  Colored  Soldiers— Mc 
Clellan's  Letters  Recommending  a  Political 
Policy  in  the  Conduct  of  the  War,  and  Fa 
voring  Woodward's  Election  in  Pennsylvania — 
Proposed  Censure  of  President  Lincoln  and  Ex- 
President  Buchanan — Censure  of  Representa 
tives  Long  and  Harris. 

THE  CONSPIRACY  OF  DISUNION 389 

Threats  of  Dissolution  in  the  First  Congress, 
1789 — Prophetic  Utterances  of  Jackson,  Benton, 
and  Clay — Southern  Disunion  Congressional 
Caucus  in  1835 — Early  Hopes  of  the  Rebels— Ex- 
President  Pierco's  Letter  to  Jeflerson  Davis, 
1860 — The  Disunion  Programme — Letter  of  D. 
L.  Yulee,  January  7,  1861 — Douglas's  Last 
Words — Pi  ogress  ot  the  Conspiracy  in  Maryland 
—Minutes  of  the  Baltimore  Police  Commission 
ers  during  "the  Reign  of  Terror" — Report  to 
the  Baltimore  Councils  on  Expenditure  of  the 
$500,000  appropriated  for  Ordnance  Purposes — 
Legislative  Action  thereon,  and  other  Proceed 
ings  by  the  Maryland  Legislature  of  1861 — Sun 
dry  Rebel  Items. 

THE    REBEL    ADMINISTRATION /';0 

The  Provisional  President,  Cabinet,  and  Con 
gress,  with  Memorandum  of  Changes — The 
"Permanent"  Administration — The  First  Con 
gress,  and  Changes  therein — The  Second  COP 
gress. 

NATIONAL     POLITICAL      CONVENTIONS      IN 
1864 403 

The  National  Union  Convention  and  Letters  of 
Acceptance  by  President  Lincoln  and  Andrew 
Johnson — The  Cleveland  Convention,  and  the 
Letters  of  Acceptance  of  Fremont  and  Coch- 
rane — Col.  Cochrane's  Address  to  his  Regiment, 
November  13,  1861. 

APPENDIX -M7 

Democratic  National  Convention — Numerous 
Letters,  Orders,  and  Documents  on  Politics, 
Peace.  Slavery,  the  I)raft,'Negro  Soldiers,  Elec 
tion*.  &c. — Holt's  Report  on  Secret  Orders — The 
Church  and  the  Rebellion— Second  Session 
Thirty-Eighth  Congress,  and  of  Second  Rebel 
Congress — President  Lincoln's  Last  Papers  and 
Death— Presidential  Vote  of  1S64. 


INDEX 


THE  PRESIDENTIAL  ELECTION  OF  I860. 


UNIVERSITY 


\\   s\ 

STATES. 

ELECTORAL   VOTE. 

N^*4  T  TEi  A-n  Ifl  \  ** 

POPULAR   VOTI. 

® 

to 

2         i    1 
1    d    1    1 

5          o          °           £. 

H}        PQ       ft        PQ 

a                        8           1 

0                                                                       'y;                               JA 

§             =3              § 

i-3                   pq                    ft                   pq 

Maine  

8 
5 
13 
4 
6 
5 
35 
4 
27 

23 

13 
11 

6 

4 
5 
4 
4 
3 

15 

12 
12 

3 

9 

3 

8 

10 
8 
10 

6 

7 

9 
4 

3 
4 

62,811 
37,519 
106.533 
12.244 
43,792 
33,808 
362,646 
58,324 
268,030 
3,815 
2,294 
1,929 

1,364 
231,610 

139,033 
172,161 

17,028 

88,480 

70,409 
86,110 
39_,173 
22,069 
5,270 

2,046 
441 
22.331 

3,291 
1,969 

12,776 

3,864 
41,760 
74,681 
44,990 
No 
42,886 
66,058 
69,274 
12,194 
20,204 
25,040 
5,306 
4,913 
27,875 
58,372 
20,094 
405 
5,437 
*15,438 
1,763 
161 
6,817 
62 
183 

26,693 
25,881 
34,372 
•7,707 

15,522 
6,849 
*312,510 
*62,801 
16,765 
1,023 
5,966 
16,290 
2,701 
popular 
11,590 
25,651 
11,350 
187,232 
7,625 
3,283 
115,509 
160,215 
13,651 
58,801 
5,227 
65,057 
367 

55,111 
65,021 
38,516 
11,920 
3,951 

6,368 
2,112 
5,939 

14,641 

218 

*178,871 
7,337 
42,482 
74,323 
48,539 
vote. 
51,889 
53,143 
64,709 
11,405 
22,681 
40,797 
12,295 
2,404 
48,831 
31,317 
28,732 
805 
8.543 
47,54^ 
1,048 
888 
34,334 
748 
5,000 

Rhode  Inland          ...          .... 

Vermont  

N  e  w  Jersey    f  

Delaware  ,  

Virginia  

North  Carolina  

South  Carolina  

Georgia  

Tennessee  

Ohio  

Mississippi  „  

Illinois    

Alabama  ,  

Missouri  

Arkansas  ,..,  

Michigan  

Florida  

Texas  

Iowa  

Wisconsin  

California  „„.. 

Minnesota  

Oregon  

Total  

180 

39 

12 

72 

1,866,452 

590,631 

1,375,157 

847,953 

Lincoln  over  Dougl 
"           "     Brecki 
"          "    Bell 

is  

491,295 
018,499 
275,821 
947,289 

nridg 

e  ..                                                 l 

i 

Other  candidates  over  Lincoln  .  . 

Fusion. 


SECESSION  MOVEMENT  DEVELOPED. 


IMMEDIATELY  thereupon,  and  clearly  by 
concert  of  action  previously  arranged,  vari 
ous  disunion  Governors  hastily  took  steps  to 
procure  the  passage  of  ordinances  of  se 
cession  by  Conventions  of  their  States,  art 
fully  using  the  unsettled  excitements  of  the 
Presidential  canvass  to  that  end. 

These  proceedings  in  brief  were  as  follows  : 

SOUTH   CAROLINA. 

November  6th,  1860.  Legislature  met  to 
choose  Presidential  electors,  who  voted  for 
Breckinridge  and  Lane  for  President  and 
Vice  President.  Gov.  WILLIAM  H.  GIST 
recommended  in  his  message  that  in  the 
event  of  ABRAHAM  LINCOLN'S  election  to  the 
Presidency,  a  convention  of  the  people  of 
the  State  be  immediately  called  to  consider 
and  determine  for  themselves  the  mode  and 
measure  of  redress.  He  expressed  the 
opinion  that  the  only  alternative  left  is  the 
"  secession  of  South  Carolina  from  the  Fed 
eral  Union." 

7th.  United  States  officials  resigned  at 
Charleston. 

10th.  U.  S.  Senators  JAMES  H.  HAMMOND 
and  JAMES  CHESNUT,  Jr.,  resigned  their  seats 
in  the  Senate.  Convention  called  to  meet 
Dec.  17th.  Delegates  to  be  elected  Dec.  6th. 

13th.  Collection  of  debts  due  to  citizens 
of  non-slaveholding  States  stayed.  FRANCIS 
W.  PICKENS  elected  Governor,  who  appointed 
a  cabinet  consisting  of  A.  G.  MAGRATH  Sec 
retary  of  State,  DAVID  F.  JAMISON  Secretary 
of  War,  C.  G.  MEMMINGER  Secretary  of  Treas 
ury,  W.  W.  HARLLEE  P.  M.  General,  ALBERT 
C.  GARLINGTON  Secretary  of  Interior. 

17th.  Ordinance  of  Secession  adopted 
unanimously. 

21st.  Commissioners  appointed  (BARN- 
WELL,  ADAMS,  and  ORR)  to  proceed  to  Wash 
ington  -to  treat  for  the  possession  of  U.  S 
Government  property  within  the  Ifmits  of 
South  Carolina?  Commissioners  appointed 
to  the  other  Slaveholding  States.  Southern 
Congress  proposed. 

24th.  Representatives  in  Congress  with 
drew. 

Gov.  PICKENS  issued  a  proclamation  "  an 


nouncingthe  repeal,  Dec.  20th,  1860,  by  the 
good  people  of  South  Carolina,"  of  the  Ordi 
nance  of  May  23d,  1788,  and  "  the  dissolution 
of  the  union  between  the  State  of  South 
Carolina  and  other  States  under  the  name 
of  the  United  States  of  America,"  and  pro 
claiming  to  the  world  "that  the  State  of 
South  Carolina  is,  as  she  has  a  right  to  be, 
a  separate,  sovereign,  free  and  independent 
State,  and,  as  such,  has  a  right  to  levy  war, 
conclude  peace,  negotiate  treaties,  leagues, 
or  covenants,  and  to  do  all  acts  whatsoever 
that  rightfully  appertain  to  a  free  and  in 
dependent  State. 

"Done  in  the  eighty-fifth  year  of  the 
sovereignty  and  independence  of  South 
Carolina." 

Jan.  3d,  1861.  South  Carolina  Commis 
sioners  left  Washington. 

4th.  Convention  appointed  T.  J.  Withers, 
L.  M.  Keitt,  W.W.  Boyce.  Jas.  Chesnut,  Jr., 
R.  B.  Rhett,  Jr.,  R.  W.  Barnwell,  and  C.  G. 
Memminger,  delegates  to  Southern  Con 
gress. 

5th.  Convention  adjourned,  subject  to  the 
call  of  the  Governor. 

14th.  Legislature  declared  that  any  at 
tempt  to  reinforce  Fort  Sumter  would  be 
considered  an  open  act  of  hostility  and  a 
declaration  of  war.  Approved  the  Gov 
ernor's  action  in  firing  on  the  Star  of  the 
West.  Accepted  the  services  of  the  Catawba 
Indians. 

27th.  Received  Judge  Robertson,  Com 
missioner  from  Yirginia,  but  rejected  the 
proposition  for  a  conference  and  co-operative 
action.* 


*  The  resolutions  are : 

Resolved  unanimously,  That  the  General  Assembly  of 
South  Carolina  tenders  to  the  Legislature  of  Virginia  their 
acknowledgment  of  the  friendly  motives  which  inspired 
the  mission  entrusted  to  Hon.  Judge  Robertson,  her  Com 
missioner. 

Resolved  unanimously,  That  candor,  which  is  due  to 
the  long-continued  sympathy  and  respect  which  has  sub 
sisted  between  Virginia  and  South  Carolina,  induces  the 
Assembly  to  declare  with  fraukness  that  they  do  not  deem 
it  advisable  to  initiate  negotiations,  when  they  have  no 
desire  or  intention  to  promote  the  ultimate  object  in  view. 
That  object  is  declared,  in  the  resolution  of  the  Virginia 
Legislature,  to  be  the  procurement  of  amendments  to,  or 
new  guarantees  in,  the  Constitution  of  the  United  States. 


SECESSION    MOVEMENT    DEVELOPED. 


3 


March  26th.  Convention  met  in  Charles 
ton. 

April  3d.  Ratified  "  Confederate"  Consti 
tution — yeas  114,  nays  16.  (See  p.  398) 

8th.  Transferred  forts,  etc.  to  "  Confeder 
ate"  government. 

GEORGIA. 

November  8th,  1860.  Legislature  met  pur 
suant  to  previous  arrangement. 

18th.  Convention  called.  Legislature  ap 
propriated  $1,000,000  to  arm  the  State. 

Dec.  3d.  Resolutions  adopted  in  the  Leg 
islature  proposing  a  Conference  of  the  South 
ern  States  at  Atlanta,  Feb.  20th. 

January  17th,  1861.  Convention  met.  Re 
ceived  Commissioners  from  South  Carolina 
and  Alabama. 

18th.  Resolutions  declaring  it  the  right 

and  duty  of  Georgia  to  secede,  adopted 

yeas  165,  nays  130. 

19th.  Ordinance  of  Secession  passed— 
yeas  208,  nays  89. 

21st.  Senators  and  Representatives  in  Con 
gress  withdrew. 

24th.  Elected  Delegates  to  Southern  Con 
gress  at  Montgomery,  Alabama. 

28th.  Elected  •  Commissioners  to  other 
Slaveholding  States. 

29th.  Adopted  an  address  "to  the  South 
and  the  world." 

March  7th.  Convention  reassembled. 
16th.  Ratified  the  "  Confederate"  Consti 
tution — yeas  96,  nays  5. 

20th.  Ordinance  passed  authorizing  the 
"  Confederate"  government  to  occupy,  use 
and  possess  the  forts,  navy  yards,  arsenals, 
and  custom  houses  within  the  limits  of  said 
State. 

April  26th.  Governor  Brown  issued  a 
proclamation  ordering  the  repudiation  by 
the  citizens  of  Georgia  of  all  debts  due 
Northern  men. 

Resolved  unanimously,  That  the  separation  of  South 
Carolina  from  the  Federal  Union  is  final,  and  she  has  no 
further  interest  in  the  Constitution  of  the  United  States; 


lotions  as  foreign  states. 

Resolved  '.unanimously,   That   this  Assembly   further 
owes  it  to  her  friendly  relations  with  the  State  of  Virginia  ' 
to  declare  that  they  have  no  confidence   in   the  Federal 
loverninent  ;  of  the  United  States  ;  that  the  most  solemn  , 


MISSISSIPPI. 

^  November  26th.  1860.  Legislature  met 
Nov.  26th,  and  adjourned  Nov.  30th.  Elec 
tion  for  Convention  fixed  for  Dec.  20th,  Con 
vention  to  meet  Jan.  7th.  Convention  bills 
and  secession"  resolutions  passed  unani 
mously.  Commissioners  appointed  to  other 
Slaveholding  States  to  secure  "  their  co-oper 
ation  in  effecting  measures  for  their  common 
defence  and  safety." 

Jan.  7th,  1861.    Convention  assembled. 

9th.  Ordinance  of  Secession  passed — yeas 
i  84,  nays  15. 

In  the  ordinance  the  people  of  the  State 
I  of  Mississippi  express  their  consent  to  form 
a  federal  union  with  such  of  the  States  as 
have  seceded  or  may  secede  from  the  Union 
of  the  United  States  of  America,  upon  the 
basis  of  the  present  Constitution  of  the 
United  States,  except  such  parts  thereof  as 
embrace  other  portions  than  such  seceding 
States. 

10th.  Commissioners  from  other  States 
received.  Resolutions  adopted,  recognizing 
South  Carolina  as  sovereign  and  independent. 

Jan.  12th.  Representatives  in  Congress 
withdrew. 

19th.  The  committee  on  the  Confederacy 
in  the  Legislature  reported  resolutions  to 
provide  for  a  Southern  Confederacy,  and  to 
establish  a  provisional  government  for  se 
ceding  States  and  States  hereafter  seceding. 

21st.  Senators  in  Congress  withdrew 

March  30th.  Ratified  "Confederate"  Con 
stitution—yeas  78,  nays  7. 

FLORIDA. 

November  26th,  1860.  Legislature  met. 
Governor  M.  S.  Perry  recommended  imme 
diate  secession. 

Dec.  1st.  Convention  bill  passed. 

Jan.  3d,  1861.  Convention  met. 

7th.  Commissioners  from  South  Carolina 
and  Alabama  received  and  heard. 

10th.  Ordinance  of  Secession  passed— 
yeas  62,  nays  7.  (Seep.  399.) 

18th.  Delegates  appointed  to  Southern 
Congress^at  Montgomery. 

21st.  Senators  and  Representatives  in 
Congress  withdrew. 

Feb.  14th.  Act  passed  by  the  Legislature 


been  attempted  to  he  introduced  into  one  of  the  fort 


*  ^"  "j  Mrt€4iLtl  me  ^/cupit/  Ul    ouillll   (JU 

Una.  and  that  even  since  the  authorities  at  Washingto 
have  been  informed  of  the  present  mediation  of  Virginia 
a  vessel  of  war  has  been  sent  to  the  South,  a 


•  ^11      VI          ,      ..—   .^.M,. 

Resolved  rmanimously,  That  in  these  circumstances 
this  Assembly,  with  renewed  assurances  of  cordial  re 
spect  and  esteem  for  the  people  of  Virginia,  and  high  con 
sideration  for  her  Commissioner,  decline  entering  into  the 
negotiations  proposed. 

The  Charleston  Mercury  of  an  earlier  date  thus  alluded 
to  Border  Stale  embassies  : 

''Hear  them,  if  you  please  ;  treat  tljem  with  civility ; 
feed  them,  and  drench  them  in  champagne— and  let  them 
tfo!  Let  us  act  as  if  they  had  never  come,  as  if  they 
had  not  spoken,  as  if  they  did  not  exist  ;  and  let  them 


Federal  troops  and  those  in  the  em 
ploy  of  Florida,  the   act  of  holding   office 
i  under  the  Federal  government  shall  be  de 
clared   treason,    and  the   person   convicted 
;  shall  suffer  death.     Transferred  control  of 
|  government  property  captured,  to  the  "Con 
federate"  government. 

LOUISIANA. 

December  10thr  1860.     Legislature  met, 
llth.  Convention  called  for  Jan.  23d.  Mil- 
!  itary  bill  passed. 

12th.     Commissioners    from     Mississippi 

iVftd        flT>fl        VlPni'f]  t±r\-rrr\-r>-nr^-n        •.'^^  i.  _    "« 


of  a  Virginia  politician,  thought  coo  like  a 
dove,  should  be  heard  in  the  land  of  a  patriotic  people." 


(heard 

!  t0  'Communicate    With     Governors    of   Othur 
Southern  States. 


SECESSION*    MOVEMENT    DEVELOPED. 


January  23d,  1861.  Convention  met  and 
organized.  Received  and  heard  Commis 
sioners  from  South  Carolina  and  Alabama. 

25th.  Ordinance  of  Secession  passed — 
yeas  113,  nays  17.  Convention  refused  to 
submit  the  ordinance  to  the  people  by  a  vote 
of  84  to  45. 

The  Kt.ttement  in  the  first  edition  that  tWs  Action  was 
reconsidered,  an.l  the  Ordinance  submitted,  is  incorrect. 
It  \V;»H  not  voted  upon  by  tho  people. 

Feb.  5th.  Senators  withdrew  from  Con 
gress,  also  the  Representatives,  except  John 
E.  Bouligny.  State  flag  adopted.  Pilots  at 
the  Balize  prohibited  from  bringing  over  the 
bar  any  United  States  vessels  of  war. 

March  7th.  Ordinance  adopted  in  secret 
session  transferring  to  "  Confederate"  States 
government  $536,000,  being  the  amount  of 
bullion  in  the  U.  S.  mint  and  customs  seized 
by  the  State.* 

16th.  An  ordinance  voted  down,  submit 
ting  the  "  Confederate"  Constitution  to  the 
people — yeas  26,  nays  74. 

21st.  Ratified  the  "Confederate"  Consti 
tution — yeas  101,  nays  7.  Governor  au 
thorized  to  transfer  the  arms  and  property 
captured  from  the  United  States  to  the 
"  Confederate"  Government. 

27th.  Convention  adjourned  sine  die. 

ALABAMA. 

January  7th,  1861.  Convention  met. 

8th.  Received  and  heard  the  Commissioner 
from  South  Carolina. 

llth.  Ordinance  of  Secession  passed  in 
secret  session — yeas  61,  nays  39.  Proposi 
tion  to  submit  ordinance  to  the  people  lost 
— yeas  47,  nays  53. 

14th.  Legislature  met  pursuant  to  previous 
action. 

19th.  Delegates  elected  to  the  Southern 
Congress. 

21st.  Representatives  and  Senators  in  Con 
gress  withdrew. 

26th.  Commissioners  appointed  to  treat 
with  United  States  Government  relative  to 
the  United  States  forts,  arsenals,  etc.,  within 
the  State. 

The  Convention  requested  the  people  of 
the  States  of  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina,  Florida, 
Georgia,  Mississippi.  Louisiana,  Texas,  Ar 
kansas,  Tennessee,  Kentucky  and  Missouri 
to  meet  the  people  of  Alabama  by  their 
delegates  in  Convention,  February  4th,  1861, 
at  Montgomery,  for  the  purpose  of  consult 
ing  as  to  the  most  effectual  mode  of  securing 
concerted  or  harmonious  action  in  whatever 
measures  may'  be  deemed  most  desirable 
for  their  common  peace  and  security. — 
Military  Bill  passed.  Commissioners  ap 
pointed  to  other  Slaveholding  States. 

March  4th.  Convention  re-assembled. 

13th.  Ratified  "  Confederate"  Constitution, 


*  March  14th,  1861.  The  "Confederate"  Congress  passed 
a  resolution  accepting  these  funds,  with  "  a  high  sense 
of  the  patriotic  liberality  of  the  State  of  Louisiana." 


yeas  87,  nays  6.     Transferred  control  of  forts 
arsenals,  etc.,  to  "  Confederate"  Government 

ARKANSAS. 

January  16th,  1861.  Legislature  passed 
Convention  Bill.  Vote  of  the  people  on  the 
Convention  was  27,412  for  it,  and  15,826 
against  it. 

February  18th.  Delegates  elected. 

March  4th.  Convention  met. 

18th.  The  Ordinance  of  Secession  de 
feated — yeas  35,  nays  39.  The  Convention 
effected  a  compromise  by  agreeing  to  submit 
the  question  of  co-operation  or  secession  to 
the  people  on  the  1st  Monday  in  August. 

May  6th.  Passed  Secession  Ordinance — 
yeas  69,  nays  1.  Authorized  her  delegates 
to  the  Provisional  Congress,  to  transfer  the 
arsenal  at  Little  Rock  and  hospital  at  Napo 
leon  to  the  ^Confederate"  Government. 

TEXAS. 

January  21st,  1861.  Legislature  met. 

28th.  People's  State  Convention  met. 

29th.  Legislature  passed  a  resolution  de 
claring  that  the  Federal  Government  has  no 
power  to  coerce  a  Sovereign  State  after  she 
has  pronounced  her  separation  from  the 
Federal  Union. 

February  1st.  Ordinance  of  Secession 
passed  in  Convention — yeas  166,  nays  7. 
Military  Bill  passed. 

7th.  Ordinance  passed,  forming  the  foun 
dation  of  a  Southern  Confederacy.  Dele 
gates  to  the  Southern  Congress  elected. 
Also  an  act  passed  submitting  the  Ordinance 
of  Secession  to  a  vote  of  the  people. 

23d.  Secession  Ordinance  voted  on  by 
the  people ;  adopted  by  a  vote  of  34,794  in 
favor,  and  11.235  against  it. 

March  4th.  Convention  declared  the  State 
out  of  the  Union.  Gov.  Houston  issued  a 
proclamation  to  that  effect. 

16th.  Convention  by  a  vote  of  127  to  4 
deposed  Gov.  Houston,  declaring  his  seat 
vacant.  Gov.  Houston  issued  a  proclama 
tion  to  the  people  protesting  against  this 
action  of  the  Convention. 

20th.  Legislature  confirmed  the  action  of 
the  Convention  in  deposing  Gov.  Houston 
by  a  vote  of  53  to  11.  Transferred  forts,  etc., 
to  "  Confederate"  Government. 

23d.  Ratified  the  "Confederate"  Consti 
tution — yeas  68,  nays  2. 

NORTH  CAROLINA. 
November  20th,  1860.  Legislature  met. 
Gov.  Ellis  recommended  that  the  Legislature 
invite  a  conference  of  the  Southern  States, 
or  failing  in  that,  send  one  or  more  delegates 
to  the  neighboring  States  so  as  to  secure 
concert  of  action.  He  recommended  a 
thorough  reorganization  of  the  militia,  and 
the  enrolment  of  all  persons  between  18  and 
45  years,  and  the  organization  of  a  corps  of 
ten  thousand  men ;  also,  a  Convention,  to  as 
semble  immediately  after  the  proposed  con 
sultation  with  other  Southern  States  shall 
have  terminated. 


SECESSION    MOVEMENT    DEVELOPED. 


December  9th.  Joint  Committee  on  Federal 
Relations  agreed  to  report  a  Convention  Bill. 

17th.  Bill  appropriating  $300,000  to  arm 
the  State,  debated. 

18th.  Senate  passed  above  bill — yeas  41, 
nays  3. 

20th.  Commissioners  from  Alabama  and 
Mississippi  received  and  heard — the  latter, 
J.  Thompson,  by  letter. 

22d.  Senate  Bill  to  arm  the  State  failed  to 
pass  the  House. 

22 d.  Adjourned  till  January  7th. 

January  8th,  1861.  Senate  Bill  arming 
the  State  passed  the  House,  yeas  73,  nays  26. 

30th.  Passed  Convention  Bill — election  to 
take  place  February  28th.  No  Secession  Or 
dinance  to  be  valid  without  being  ratified  by 
a  majority  of  the  qualified  voters  of  the  State. 

31st.  Elected  Thos.  L.  Clingman  United 
States  Senator. 

February  13th.  Commissioners  front  Geor 
gia  publicly  received. 

20th.  Mr.  Hoke  elected  Adjutant  General 
of  the  State.  Military  Bill  passed. 

28th.  Election  of  Delegates  to  Convention 
took  place. 

28th.  The  vote  for  a  Convention  was  46,671; 
against  47,333 — majority  against  a  Conven 
tion  661. 

May  1st.  Extra  session  of  the  Legislature 
met  at  the  call  of  Gov.  Ellis.  The  same  day 
they  passed  a  Convention  Bill,  ordering  the 
election  of  delegates  on  the  13th. 

2d.  Legislature  adjourned. 

13th.  Election  of  delegates  to  the  Conven 
tion  took  place. 

20th.  Convention  met  at  Raleigh. 

21st.  Ordinance  of  Secession  passed ;  also 
the  "  Confederate"  Constitution  ratified. 

June  5th.  Ordinance  passed,  ceded  the 
arsenal  at  Fayetteville,  and  transferred 
magazines,  etc.,  to  the  "  Confederate"  Go 
vernment. 

TENNESSEE. 

January  6th,  1861.  Legislature  met. 

12th.  Passed  Convention  Bill. 

30th.  Commissioners  to  Washington  ap 
pointed. 

February  8th.  People  voted  no  Conven 
tion:  67,360  to  54,156. 

May  1st.  Legislature  passed  a  joint  resolu 
tion  authorizing  the  Governor  to  appoint 
Commissioners  to  enter  into  a  military 
league  with  the  authorities  of  the  "  Confed 
erate"  States. 

7th.  Legislature  in  secret  session  ratified 
the  league  entered  into  by  A.  0.  W.  Totton, 
Gustavus  A.  Henry,  Washington  Barrow, 
Commissioners  for  Tennessee,  and  Henry 
W.  Billiard,  Commissioner  for  "Confed 
erate"  States,  stipulating  that  Tennessee 
until  she  became  a  member  of  the  Con 
federacy  placed  the  whole  military  force  of 
the  State  under  the  control  of  the  President 
of  the  "  Confederate"  States,  and  turned  over 
to  the  "  Confederate"  States  all  the  public 
property,  naval  stores  and  munitions  of  war. 


Passed  the  Senate,  yeas  14,  nays  6,  absent 
and  not  voting  5  ;  the  House,  yeas  42,  nays 
15,  absent  and  not  voting,  18.*  Also  a  De 
claration  of  Independence  and  Ordinance 
dissolving  the  Federal  relations  between 
Tennessee  and  the  United  States,  and  an  or 
dinance  adopting  and  ratifying  the  Confeder 
ate  Constitution,  these  two  latter  to  be  voted 
on  by  the  people  on  June  8th,  were  passed. 
June  24th.  Gov.  Isham  G.  Harris  declared 
Tennessee  out  of  the  Union,  the  vote  for 
Separation  being  104,913  against  47,238. 

VIRGINIA. 

January  7th,  1861.    Legislature  convened. 

8th.     Anti-coercion  resolution  passed. 

9th.  Resolution  passed,  asking  that  the 
status  quo  be  maintained. 

10th.  The  Governor  transmitted  a  des 
patch  from  the  Mississippi  Convention,  an 
nouncing  its  unconditional  secession  from 
the  Union,  and  desiring  on  the  basis  of  the 
old  Constitution  to  form  a  new  union  with 
the  seceding  States.  The  House  adopted — 
yeas  77,  nays  61, — an  amendment  submit 
ting  to  a  vote  of  the  people  the  question  of 
referring  for  their  decision  any  action  of 
the  Convention  dissolving  Virginia's  con 
nection  with  the  Union,  or  changing  its 
organic  law.  The  Richmond  Enquirer 
denounced  "  the  emasculation  of  the  Con 
vention  Bill  as  imperilling  all  that  Virginians 
hold  most  sacred  and  dear." 

16th.  Commissioners  Hopkins  and  Gil- 
mer  of  Alabama  received  in  the  Legislature. 

17th.  Resolutions  passed  proposing  the 
Crittenden  resolutions  as  a  basis  for  adjust 
ment,  and  requesting  General  Government  to 
avoid  collision  with  Southern  States.  Gov. 
Letcher  communicated  the  Resolutions  of 
the  Legislature  of  New  York,  expressing 
the  utmost  disdain,  and  saying  that  "the 
threat  conveyed  can  inspire  no  terror  in 
freemen."  The  resolutions  were  directed  to 
be  returned  to  the  Governor  of  New  York. 

18th.  $1,000,000  appropriated  for  the 
defence  of  the  State. 

19th.  Passed  resolve  that  if  all  efforts 
to  reconcile  the  differences  of  the  country 


*  The  following  is  the  vote  in  the  Senate  on  the  adoption 
of  tho  league : 

YEAS.— Messrs.  Allen,  Horn,  Hunter,  Johnson,  Lane, 
Miiinis,  McClellan,  Me  Noilly,  Payne,  Peters,  Stanton, 
Thompson,  Wood,  and  Speaker  Stovall.  NATS  —Messrs. 
Boyd,  Bradford,  Hildreth,  Nash,  Richardson,  and  Stokes. 
Absent  and  not  voting.— Messrs.  Bumpass,  Mickley,  New- 
mnn,  Stokely,  and  Trimble. 

The  following  is  the  vot«  in  the  House  : 

YEAS.— Messrs.  Baker  of  Perry,  Baker  of  Weakley, 
Bayless,  Bicknell,  Bledsoe,  Cheatham,  Cowden,  Davidson. 
Davis.  Dudley.  Ewin<j,  Farley,  Farrelly,  Ford,  Fra/ier, 
Gantt,  Guy,  Havron;  Hurf,  Ingram,  Jones,  Kenner, 
McCabe,  Morphias,  Nail,  Pickett,  Porter,  Richardson, 
Roberts,  Sheid.  Smith.  Sowell,  Trevitt,  Vaughn,  Whit- 
more,  Woods,  and  Speaker  Whitthorne.  NAYS.— Messrs. 
Armstrong,  Brazelton,  Butler,  Caldvvell,  Gorman, Greene, 
Morris,  Norman,  Russell.  Senter,  Shrewsbury,  White  of 
Davidson,  Williams  of  Knox,  Wisener,  and  Woodward. 
Absent  and  not  voting.— Messrs.  Barksdale,  Beaty,  Ben 
nett,  Bcitton,  Critz,  Doak,  East,  Gillespie,  Harris,  Hehb, 
Johnson,  Kincaid  of  Anderson,  Kiucaid  of  Claiborne, 
Trevitt,  White  of  Dickson.  Williams  of  Franklin,  Williams 
of  Elickman,  and  Williamson. 


6 


SECESSION    MOVEMENT    DEVELOPED. 


fail,  every  consideration  of  honor  and  in 
terest  demands  that  Virginia  shall  unite  her 
destinies  with  her  sister  slaveholding  States. 
Also  that  no  reconstruction  of  the  Union 
can  be  permanent  or  satisfactory,  which  will 
not  secure  to  each  section  self-protecting 
power  against  any  invasion  of  the  Federal 
Union  upon  the  reserved  rights  of  either. 
(See  Hunter's  proposition  of  adjustment.) 

21st.  Replied  to  Commissioners  Hopkins 
arid  Gilmer,  expressing  inability  to  make  a 
definite  response  until  after  the  meeting  of 
the  State  Convention. 

22d.  The  Governor  transmitted  the  res 
olutions  of  the  Legislature  of  Ohio,  with 
unfavorable  comment.  His  message  was 
tabled  by  a  small  majority. 

30th.  The  House  of  Delegates  to-day 
tabled  the  resolutions  of  the  Pennsylvania 
Legislature,  but  referred  those  of  Tennessee 
to  the  Committee  on  Federal  Relations. 

February  20th.  The  resolutions  of  the 
Legislature  of  Michigan  were  returned  with 
out  comment. 

28th.  Ex-President  Tyler  and  James  A. 
Scddon,  Commissioners  to  the  Peace  Con 
gress,  presented  their  report,  and  denounced 
the  recommendation  of  that  body  as  a  de 
lusion  and  a  sham,  and  as  an  insult  and  an 
offense  to  the  South. 


Proceedings  of  Virginia  Convention. 

February  4th.  Election  of  delegates  to 
the  Convention. 

13th.     Convention  met. 

14th.  Credentials  of  John  S.  Preston, 
Commissioner  from  South  Carolina,  Fulton 
Anderson  from  Mississippi,  and  Henry  L. 
Benriing  from  Georgia,  were  received. 

18th.  Commissioners  from  Mississippi 
arid  Georgia  heard;  both  pictured  the  dan 
ger  of  Virginia  remaining  with  the  North ; 
neither  contemplated  such  an  event  as  re 
union. 

19th.  The  Commissioner  from  South 
Carolina  was  heard.  He  said  his  people 
believed  the  Union  unnatural  and  monstrous, 
and  declared  that  there  was  no  human  force 
— no  sanctity  of  human  touch,- — that  could 
re-unite  the  people  of  the  North  with  the 
people  of  the  South — that  it  could  never  be 
done  unless  the  economy  of  God.  were 
changed. 

20th.  A  committee  reported  that  in  all 
but  sixteen  counties,  the  majority  for  sub 
mitting  the  action  of  the  Convention  to  a 
vote  of,  the  people  was  52,857.  Numerous 
resolutions  on  Federal  Relations  introduced, 
generally  exposing  attachment  to  the 
Union,  but  denouncing  coercion. 

26th.  Mr.  Goggin  of  Bedford,  in  his 
speech,  denied  the  right  of  secession,  but 
admitted  a  revolutionary  remedy  for  wrongs 
committed  upon  a  State  or  section,  and  said 
wherever  Virginia  went  he  was  with  her. 

March  2d.  Mr.  Goode  of  Bedford  offered 
a  resolution  that,  as  the  powers  delegated 
to  the  General  Government  bv  Virginia  had 


been  perverted  to  her  injury,  and  as  the 
Crittenden  propositions  as  a  basis  of  adjust 
ment  had  been  rejected  by  their  Northern 
confederates,  therefore  every  consideration 
of  duty,  interest,  honor  and  patriotism  re 
quires  that  Virginia  should  declare  her  con 
nection  with  the  Government  to  be  dissolved. 

5th.  The  thanks  of  the  State  were  voted 
to  Hon.  John  J.  Crittenden,  by  yeas  107, 
nays  16,  for  his  efforts  to  bring  about  an 
honorable  adjustment  of  the  national  diffi 
culties.  Mr.  Harvie  of  Amelia  offered  a 
resolution,  requesting  Legislature  to  make 
needful  appropriations  to  resist  any  attempt 
of  the  Federal  authorities  to  hold,  occupy 
or  possess  the  property  and  places  claimc-d 
by  the  United  States  in  any  of  the  seceded 
States,  or  those  that  may  withdraw  or  col 
lect  duties  or  imposts  in  the  same. 

9th*.  Three  reports  were  made  from  the 
Committee  on  Federal  Relations.  The  ma 
jority  proposed  to  submit  to  the  other  States 
certain  amendments  to  the  Constitution, 
awaiting  the  response  of  non-slaveholding 
States  before  determining  whether  "  she  will 
resume  the  powers  granted  by  her  under  the 
Constitution  of  the  United  States,  and  throw 
herself  upon  her  reserved  rights  ;  meanwhile 
insisting  that  no  coercion  be  attempted,  the 
Federal  forts  in  seceded  States  be  not  re 
inforced,  duties  be  not  collected,  etc.,"  and 
proposing  a  Convention  at  Frankfort,  Ken 
tucky,  the  last  Monday  in  May,  of  the  States 
of  Delaware,  Maryland,  North  Carolina, 
Tennessee,  Kentucky,  Missouri  and  Arkan 
sas.  Henry  A.  AVise  differed  in  details,  and 
went  further  in  the  same  direction.  Messrs. 
Lewis  E.  Harvie.  Robert  L.  Montague  and 
Samuel  C.  Williams  recommended  the  im 
mediate  passage  of  an  Ordinance  of  Secession. 
Mr.  Barbour  of  Culpeper  insisted  upon  the 
immediate  adoption  by  the  non-slaveholding 
States  of  needed  guarantees  of  safety,  and 
provided  for  the  appointment  of  three  Com 
missioners  to  confer  with  the  Confederate 
authorities  at  Montgomery. 

19th.  Committee  on  Federal  Relations 
leported  proposed  amendments  to  the  Con 
stitution,  which  were  the  substitute  of  Mr. 
Franklin  of  Pa,  in  "Peace  Conference," 
changed  by  using  the  expression  ''involun 
tary  servitude"  in  place  of  "persons  held  to 
service."  The  right  of  owners  of  slaves  is 
not  to  be  impaired  by  congressional  or  ter 
ritorial  law,  or  any  pre-existing  law  in  terri 
tory  hereafter  acquired. 

Involuntary  servitude,  except  for  crime, 
to  be  prohibited  north  of  36°  30',  but  shall 
not  be  prohibited  by  Congress  or  any  Terri 
torial  legislature  south  of  that  line.  The 
third  section  has  some  verbal  alterations, 
providing  somewhat  better  security  for 
property  in  transit.  The  fifth  section  pro 
hibits  the  importation  of  slaves  from  places 
beyond  the  limits  of  the  United  States.  The 
sixth  makes  some  verbal  changes  in  relation 
to  remuneration  for  fugitives  by  Congress, 
and  erases  the  clause  relative  to  the  securing 


SECESSION    MOVEMENT    DEVELOPED. 


of  privileges  and  immunities.     The  seventh 
forbids  the  granting  of  the  elective  franchise 
and  right  to  hold  office  to  persons  of  the  | 
African  race.      The   eighth   provides    that 
none  of  these  amendments,  nor   the   third 
paragraph  of  the  second  section  of  the  first  ; 
article  of  the  Constitution,  nor   the  third 
paragraph  of  the  second  section  of  the  fourth 
article  thereof,  shall  be  amended  or  abolished  j 
without  the  consent  of  all  the  States. 

25th.  The  Committee  of   the  Whole  re 
fused  (yeas  4,  nays  116)  to  strike  out  the  ; 
majority    report    and    insert    Mr.   Carlile's  | 
''Peace  Conference"  substitute. 

26th.  The  Constitution  of  the  "  Confede 
rate"  States,  proposed  by  Mr.  Hall  as  a  sub-  i 
stitute  for  the  report  of  the  committee,  re-  j 
jected — yeas  0,  nays  78.  • 

28th.  The  first  and  second  resolutions 
reported  by  the  committee  adopted. 

April  6th.  The  ninth  resolution  of  the  ma 
jority  report  came  up.     Mr.  Bouldin  offered 
an  amendment  striking  out  the  whole,  and  i 
inserting  a  substitute  declaring  that  the  in 
dependence  of  the  seceded  States  should  be 
acknowledged  without  delay,  which  was  lost  I 
— yeas  69,  nays  71. 

9th.  Mr.  Wise's  substitute  for  the  tenth  ! 
resolution,  to  the -effect  that  Virginia  recog-  j 
nizes  the  independence  of  the  seceding  \ 
States,  was  adopted — yeas  107,  nays  20. 

April  17.  Ordinance  of  Secession  passed 
in  secret  session — yeas  88,  nays  55,  one  ex 
cused,  and  eight  not  voting.* 


*  The  injunction  of  secrecy  has  never  been  removed 
from  this  vote,  but  the  tally  was  recently  discovered 
among  the  papers  of  Lewis  T.  Kinser,  Esq.,  deceased, 
former  law  partner  of  George  W.  Brent,  delegate  from 
Alexandria,  Va.,  and  is  as  follows,  as  published  in  the 
Washington  Star  : 

YEAS.—  Wm.  M.  Ambler,  Wm.  B.  Aston,  Jas.  Barbour, 
Anguc  R.  Blakey,  George  Blow,  Jr.,  James  Boisseau, 
Peter  B.  Borst,  Wood  Bouldin,  Wm.  W.  Boyd,  Thomas 
Branch,  James  C.  Bruce,  Fred.  M.  Cabell,  John  A.  Camp 
bell,  Allen  T.  Caperton,  William  P.  Cicil,  John  R.  Chain- 
bliss,  Manilas  Chapman,  Sam'l  A.  Coffman,  Raphael  M. 
Coun,  James  H.  Cox,  Richard  H.  Cox,  John  Grit  her, 
Harvy  Deskins,  James  B.  Dorman,  John  Echols,  Miers 
W.  Fisher,  Thos.  S.  FUVurnoy,  Wm.  W.  Forbes,  Napoleon 
B.  French,  Sam'l  M.  Garland,  H.  L.  Gillespie,  Sam'l  L. 
Graham.  Fendall  Gregory,  Jr.,  Wm.  L.  Goygiu,  John 
Goode,  Jr.,  Thos.  F.  Goode,  F.  L.  Hale,  Cyrus  Hall,  L.  S. 
Hall,  Lewis  E.  Harvie,  James  P.  Holcornbe,  John  N. 
Hughes,  Eppa  Huuton,  Lewis  D.  Isbell,  Marmadnke  John- 
sou,  Peter  C.  Johnston,  Robert  C.  Kent.  John  J.  Kindred, 
James  Lawson,  Walter  D.  Leake,  Wrn.  H.  McFarland, 
Charles  K.  Mallory,  Jas.  B.  Mallory,  John  L.  Mayre,  Sr., 
Fleming  B.  Miller,  Horatio  G.  Moffett.  Robert  L.  Mon 
tague,  Edmund  T.  Morris,  Jeremiah  Morton.  William  J. 
Neblett,  Johnson  Orrick,  Wm.  C.  Parks,  Wm.  Ballard 
Preston,  George  W.  Randolph,  George  W.  "Richardson. 
Timothy  Rives,  Robert  E.  Scott,  William  C.  Scott,  John 
T.  Seawell,  James  W.  Sheffey,  Charles  R.  Slaughter,  i 
Valentine  W.  Southall,  John  M.  Speed,  Sara'l  G.  Staples,  i 
James  M.  Strange,  Wm.  T.  Sutherliu,  George  P.  Tayloe,  ' 
John  T.  Thornton,  Wm  M.  Treadway,  Robert  H.  Turner, 
Franklin  P.  Turner,  John  Tyler,  Edward  Waller,  Robert 
H.  Whitfleld,  Sam'l  C.  Williams,  Henry  A.  Wise  Sam'l 
Woods,  Benjamin  F.  Wysor— 88. 

NAYS. — Edward  M.  Armstrong,  John  B.  Baldwin,  Geo. 
Baylor,  Geo.  W.  Berlin,  Caleb  Boggess,  Geo.  W.  Brent, 
Wm.  G.  Brown,  John  S.  Burdett,  James  Burley,  Benj.  W. 
Byrne,  John  S.  Carlile.  John  A.  Carter,  Sherrard  Clem 
ens,  C.  B.  Conrad,  Robert  Y.  Conrad,  James  H.  Couch, 
W.  H.  B.  Custis,  Marshal  M.  Dent,  Wm.  H.  Dulany,  Jubal 
A.  Earley,  Colbert  C.  Fugate,  Peyton  Gravely,  Algernon 
S.  Gray,  Ephraim  B.  Hall,  Allen'  C.  Hammond,  Alpheus 
F.  Haymond,  James  W.  Hoge,  J.  G.  Holladay,  Chester 
D.  Hubbard,  George  W.  Hull,  John  J.  Jackson,  John  F. 


April  25  the  Convention  adopted,  75  to 
19,  and  ratified  the  Constitution  of  the  Pro 
visional  Government  of  the  "  Confederate  " 
States  of  America,  this  ordinance  to  cease  to 
have  legal  effect  if  the  people  of  Virginia 
voting  upon  the  Ordinance  of  Secession 
should  reject  it.* 


Lewis,  Wm.  McComas,  James  C.  McGrew,  James  Mar. 
shall,  Henry  H.  Masters,  Samuel  McD.  Moore,  Hugh  M. 
Nelson,  Logan  Osburn,  Spicer  Patrick,  Edmund  Pendle- 
tou.  George  McC.  Porter,  Samuel  Price,  David  Pugh,  John 
D.  Sharp,  Thomas  Sitlingtou,  Burwell  Spurlock,  Alex 
ander  H.  H.  Stuart,  Chapman  J.  Stuart,  Geo.  W.  Sum 
mers.  Campbell  Tarr,  William  White,  William  C.  Wick- 
harn,  Waitman  T.  Willey,  John  Januey  (President)— 55. 

Excused — Benjamin  Wilson. 

The  following  members  appeal  not  to  have  been  pres 
ent,  as  there  is  no  tally  opposite  cheir  names-  in  the  list 
from  which  we  quote  : 

Alfred  Barbour,  Robert  E.  Grant,  Addison  Hall,  John  R. 
Kilby,  Paul  McNeil,  John  Q.  Marr,  Thomas  Martin,  Peter 
Saunders,  Sen. 

*Pending  the  vote  on  ratifying  the  Ordinance  of  Seces 
sion,  senator  J.  M.  Mason  published  the  following  letter: 

Winchester,  Virginia,  May  16,  1861. 
To  the  Editor  of  the  Winchester  Virginian: 

The  question  has  been  frequently  put  to  me.  what  po 
sition  will  Virginia  occupy  should  the  Ordinance  of  Se 
cession  be  rejected  by  the  people  at  the  approaching 
election?  And  the  frequency  of  the  question  may  be  an 
excuse  for  giving  publicity  to  the  answer. 

The  Ordinance  of  Secession  withdrew  the  State  of  Vir 
ginia  from  the  Union,  with  all  the  consequences  resulting 
from  the  separation.  It  annulled  the  Constitution  and 
the  laws  of  the  United  States  within  the  limits  of  this 
State,  and  absolved  the  citizens  of  Virginia  from  all  obli 
gations  of  obedience  to  them. 

Hence  it  follows,  if  this  Ordinance  be  rejected  by  the 
people,  the  State  of  Virginia  will  remain  in  the  Union, 
and  the  people  of  the  State  will  remain  bound  by  the  Con 
stitution  of  the  United  States,  and  obedience  to  the  Gov 
ernment  and  laws  of  the  United  States  will  be  fully  and 
rightfully  enforced  against  them. 

It  follows,  of  course,  that  in  the  war  now  carried  on  by 
the  Government  of  the  United  States  against  the  seceded 
States,  Virginia  must  immediately  change  sides,  and 
under  the  orders  of  that  Government  turn  her  arms 
against  her  southern  sisters. 

From  this  there  can  be  no  escape.  As  a  member  of  the 
Union,  all  her  resources  of  men  and  money  will  be  at 
once  at  the  command  of  the  Government  of  the  Union. 

Again  :  for  mutual  defence,  immediately  after  the  Ordi 
nance  of  Secession  passed,  a  treaty  or  "  military  league" 
was  formed  by  the  convention,  in  the  name  of  the  people 
of  Virginia,  with  the  "  Confederate  States"  of  the  South, 
by  which  the  latter  were  bound  to  march  to  the  aid  of 
our  State  against  the  invasion  of  the  Federal  Government. 
And  we  have  now  in  Virginia,  at  Harper's  Ferry  and  at 
Norfolk,  in  face  of  the  common  foe,  several  thousand  of 
the  gallant  sons  of  South  Carolina,  of  Alabama,  of  Lou 
isiana,  Georgia,  and  Mississippi,  who  hastened  to  fulfil 
the  covenant  they  made,  and  are  ready  and  eager  to  lay 
down  their  lives,  side  by  side  with  our  sons,  in  defence 
of  the  soil  of  Virginia. 

If  the  Ordinance  of  Secession  is  rejected,  not  only  will 
this  "  military  league"  be  annulled,  but  it  will  have  been 
made  a  trap  to  inveigle  our  generous  defenders  into  the 
hands  of  their  enemies. 

Virginia  remaining  in  the  Union,  duty  and  loyalty  to 
her  obligations  to  the  Union  will  require  that  those  south 
ern  forces  shall  not  be  permitted  to  leave  the  State,  but 
shall  be  delivered  up  to  the  government  of  the  Union  j 
and  those  who  refuse  to  do  so  will  be  guilty  of  treason, 
and  be  justly  dealt  with  as  traitors. 

Treason  against  the  United  States  consists  as  well  "in 
adhering  to  its  enemies  and  giving  them  aid,"  as  in 
levying  war. 

If  it  be  asked,  What  are  those  to  do  who  in  their  con 
sciences  cannot  vote  to  separate  Virginia  from  the  United 
States?  the  answer  is  simple  and  plain.  Honor  and  duty 
alike  require  that  they  should  not  vote  on  the  question  ; 
and  if  they  retain  such  opinions,  they  must  leave  the 
State. 

None  can  doubt  or  question  the  truth  of  what  I  have 
written,  and  none  can  vote  against  the  Ordinance  of  Se 
cession  who  do  not  thereby  (whether  ignorantly  or  other 
wise)  vote  to  place  himself  and  his  State  in  the  position  1 
have  indicated.  J.  M.  MASOK. 


8 


SECESSION   MOVEMENT   DEVELOPED. 


25th.  A  Convention  was  made  between 
Commissioners  of  Virginia,  chosen  by  the 
Convention,  and  A.  H.  Stephens,  Commis 
sioner  for  "Confederates,"  stipulating  that 
Virginia  until  she  became  a  member  of  the 
Confederacy  should  place  her  military  force 
under  the  direction  of  the  President  of  the 
"  Confederate"  States ;  also  turn  over  to  "  Con 
federate"  States  all  her  public  property,  naval 
stores,  and  munitions  of  war.  Signed  by 
J.  Tyler,  W.  B.  Preston,  S.  McD.  Moore, 
Jas.  P.  Holcombe,  Jas.  C.  Bruce,  Lewis  E. 
Harvie — for  Virginia;  and  A.  H.  Stephens 
for  "  Confederate"  States. 

June  25th.  Secession  vote  announced  as 
128,884  for,  and  32, 134  against. 

July.  The  Convention  passed  an  ordinance 
to  the  effect,  that  any  citizen  of  Virginia 
holding  office  under  the  Government  of  the 
United  States  after  the  31st  of  July,  1861, 
should  be  forever  banished  from  the  State, 
and  be  declared  an  alien  enemy.  Also  that  any 
citizen  of  Virginia,  hereafter  undertaking  to 
represent  the  State  of  Virginia  in  the  Con 
gress  of  the  United  States,  should  in  addition 
to  the  above  penalties  be  considered  guilty 
of  treason  and  his  property  be  liable  to  con 
fiscation.  A  provision  was  inserted  ex 
empting  from  the  penalties  of  the  act  all 
officers  of  the  United  States  outside  of  the 
United  States,  or  of  the  Confederate  States, 
until  after  July  1st,  1862. 

KENTUCKY. 

December  12th,  I860.  Indiana  militia  offer 
their  services  to  quell  servile  insurrection. 
Gov.  Magoffm  declines  accepting  them. 

January  17th,  1861.  Legislature  convened. 

22d.  The  House  by  a  vote  of  87  to  6  re 
solved  to  resist  the  invasion  of  the  South  at 
all  hazards. 

27th.  Legislature  adopted  the  Virginia 
resolutions  requiring  the  Federal  Govern 
ment  to  protect  Slavery  in  the  Territories 
and  to  guarantee  the  right  of  transit  of  slaves 
through  the  Free  States. 

February  2d.  The  Senate  passed  by  a  vote 
of  25  to  11,  resolutions  appealing  to  the 
Southern  States  to  stop  the  revolution, 
protesting  against  Federal  coercion  and  pro 
viding  that  the  Legislature  reassemble  on 
the  24th  of  April  to  hear  the  responses  from 
sister  States,  also  in  favor  of  making  an  ap 
plication  to  call  a  National  Convention  for 
proposing  amendments  to  the  Constitution 
of  the  United  States,  also  by  a  vote  of  25  to 
14  declared  it  inexpedient  at  this  time  to  call 
a  State  Convention. 

5th.  The  House  by  a  vote  of  54  to  40 
passed  the  above  resolutions. 

March  22d.  State  Rights  Convention  as 
sembled.  Adopted  resolutions  denouncing 
any  attempt  on  the  part  of  the  Government 
to  collect  revenue  as  coercion ;  and  affirming 
that,  in  case  of  any  such  attempt,  the 
border  States  should  make  common  cause 
with  the  Southern  Confederacy.  They  also 
recommended  a  border  State  Convention. 


April  24th.  Gov.  Magoffm  called  an  extva 
session  of  the  Legislature. 

May  20th.  Gov.  Magoffin  issued  a  neu 
trality  proclamation. 

September  llth.  The  House  of  Represen 
tatives  by  a  vote  of  71  to  26,  adopted  a  re 
solution  directing  the  Governor  to  issue 
a  proclamation  ordering  the  Confederate 
troops  to  evacuate  Kentucky  soil.  The 
Governor  vetoed  the  resolution,  which 
was  afterwards  passed  over  his  veto,  arid 
accordingly  he  issued  the  required  procla 
mation. 

October  29th.  Southern  Conference  met  at 
Russellville.  H.  C.  Burnett  elected  Chair 
man,  R.  McKee  Secretary,  T.  S.  Bryan 
Assistant  Secretary.  Remained  in  secret 
session  two  days  and  then  adjourned  sine 
die.  A  series  of  resolutions  reported  by 
G.  W.  Johnson  were  adopted.  They  recite 
the  unconstitutional  and  oppressive  acts  of 
the  Legislature,  proclaim  revolution,  provide 
for  a  Sovereignty  Convention  at  Russell 
ville,  on  the  18th  of  November,  recommend 
the  organization  of  county  guards,  to  be 
placed  in  the  service  of  and  paid  by  the 
Confederate  States  Government ;  pledge  re 
sistance  to  all  Federal  an.d  State  taxes,  for 
the  prosecution  of  the  war  on  the  part  of  the 
United  States  ;  and  appoint  Robert  McKee, 
John  C.  Breckinridge,  Humphrey  Mar 
shall,  Geo.  W.  Ewing,  H.  W.  Bruce.  Geo. 
B.  Hodge,  Wm.  Preston,  Geo.  W.  Johnson, 
Blanton  Duncan,  and  P.  B.  Thompson  to 
carry  out  the  resolutions. 

November  18th.  Convention  met  and  re 
mained  in  session  three  days. 

20th.  It  passed  a  Declaration  of  Inde 
pendence  and  an  Ordinance  of  Secession. 
A  Provisional  Government  consisting  of  a 
Governor,  Legislative  Council  of  ten,  a 
Treasurer,  and  an  Auditor  were  agreed 
upon.  Geo.  W.  Johnson  was  chosen  Gov 
ernor.  Legislative  Council  were  :  Willis  B. 
Machen,  John  W.  Crockett,  James  P.  Bates, 
Jas.  S.  Chrisman,  Phil.  B.  Thompson,  J. 
P.  Burnside,  H.  W.  Bruce,  J.  W.  Moore, 
E.  M.  Bruce,  Geo.  B.  Hodge. 

MARYLAND. 

November  27th,  1860.  Gov.  Hicks  de 
clined  to  call  a  special  session  of  the  Legis 
lature,  in  response  to  a  request  for^  such 
convening  from  Thomas  G.  Pratt,  Sprigg 
Harwood,  J.  R.  Franklin,  N.  H.  Green, 
Llewellyn  Boyle,  and  J.  Pinkney. 

December  19th.  Gov.  Hicks  replied  to  A. 
H.  Handy,  Commissioner  from  Mississippi, 
declining  to  accept  the  programme  of  Seces 
sion. 

20th.  Wm.  H.  Collins,  Esq..  of  Baltimore, 
issued  an  address  to  the  people,  in  favor  of 
the  Union,  and  in  March  a  second  address. 

31st.  The  "  Clipper"  denied  the  existence 
of  an  organization  in  Maryland  to  prevent 
the  inauguration  of  President  Lincoln. 

A.  H.  Handy  of  Mississippi  addressed 
citizens  of  Baltimore  in  favor  of  disunion. 


SECESSION    MOVEMENT    DEVELOPED. 


9 


January  3d,  1861.  Henry  Winter  Davis 
issued  an  address  in  favor  of  the  Union. 

3d.  Numerous  Union  meetings  in  various 
parts  of  the  State.  Gov.  Hicks  issued  an 
address  to  the  people  against  secession. 

llth.  John  C.  Legrand  in  a  letter  to  Hon. 
Reverdy  Johnson  replied  to  the  Union  speech 
of  the  latter. 

14th.  James  Carroll,  former  Democratic 
candidate  for  Governor,  announced  his  desire 
to  go  with  the  seceding  States. 

16th.  Wm.  A.  Spencer,  in  letter  to  Wal 
ter  S.  Cox,  Esq.,  declared  against  the  right 
of  Secession  but  for  a  Convention. 

16th.  Marshal  Kane,  in  a  letter  to  Mayor 
Berrett,  denied  that  any  organization  exists 
to  prevent  the  inauguration  of  President 
Lincoln,  and  said  that  the  President  elect 
would  need  no  armed  escort  in  passing 
through  or  sojourning  within  the  limits  of 
Baltimore  and  Maryland. 

24th.  Coleman  Yellott  declared  for  a 
Convention 

30th.  Messrs.  John  B.  Brooke,  President 
of  the  Senate,  and  E.  G.  Kilbourn,  Speaker 
of  the  House  of  Delegates,  asked  the 
Governor  to  convene  the  Legislature  in  re 
sponse  to  public  meetings.  Senator  Ken 
nedy  published  his  opinion  that  Maryland 
must  go  with  Virginia. 

February  18th.  State  Conference  Conven 
tion  held,  arid  insisted  upon  a  meeting  of  the 
Legislature.  At  a  meeting  in  Howard  Co., 
which  Speaker  E.  G.  Kilbourn  addressed,  a 
resolution  was  adopted  that  "immediate 
steps  ought  to  be  taken  for  the  establishment 
of  a  Southern  Confederacy,  by  consultation 
and  co-operation  with  such  other  Southern 
and  Slave  States  as  may  be  ready  therefor." 

April  21st.  Gov.  Hicks  wrote  to  Gen. 
Butler,  advising  that  he  do  not  land  his 
troops  at  Annapolis.  Butler  replied  that  he 
intended  to  land  there  and  march  thence  to 
Washington.  Gov.  Hicks  protested  against 
this  and  also  against  his  having  taken  forci 
ble  possession  of  the  Annapolis  and  Elkridge 
railroad. 

24th.  A  special  election  of  ten  delegates 
to  the  Legislature  took  place  at  Baltimore. 
The  total  vote  cast  in  all  the  wards  was 
9,249.  The  total  vote  cast  at  the  Presiden 
tial  election  in  November,  1860,  was  30,148. 

26th.  Legislature  reassembled  at  Fred 
erick,  Annapolis  being  occupied  by  Union 
troops. 

29th.  Gov.  Hicks  sent  a  message  to 
the  Legislature  communicating  to  them  the 
correspondence  between  himself  and  Gen. 
Butler  and  the  Secretary  of  War  relative  to 
the  landing  of  troops  at  Annapolis. 

The  House  of  Delegates  voted  against 
Secession.  53  to  13.  Senate  unanimously. 

May  2d.  The  Committee  on  Federal  Re 
lations,  "  in  view  of  the  seizure  of  the 
railroads  by  the  General  Government  and 
the  erection  of  fortifications,"  presented 
resolutions  appointing  Commissioners  to  the 
President  to  ascertain  whether  any  becoming 


arrangements  with  the  General  Government 
I  are  practicable,  for  the  maintenance  of  the 
|  peace  and  honor  of  the  State  and  the 
|  security  of  its  inhabitants.  The  report  was 
I  adopted,  and  Otho  Scott,  Robt.  M.  McLane, 

and  Wm.  J.  Ross  were  appointed  such  Com- 

•  missioners. 

Mr.  Yellott  in  the  Senate   introduced   a 

1  bill  to  appoint  a  Board  of  Public  Safety. 

i  The  powers  given  to  the  Board  included  the 

i  expenditure  of  the  two  millions  of  dollars 

proposed  by  Mr.  Brune  for  the  defence  of 

the  State,  and  the  entire  control  of  the  mili- 

I  tary,  including  the  removal  and  appointment 

I  of  commissioned  officers.     It  was  ordered  to 

!  a  second  reading  by  a  vote  of  14  to  8.     The 

I  Board  was  to  consist  of  EzekielF.  Chambers, 

Enoch  Louis  Lowe,  John  Y.  L.  MacMahon, 

Thomas    G.   Pratt,   Walter    Mitchell,   and 

j  Thomas   Winans.     Gov.   Hicks   was   made 

!  ex-officio   a  member    of    the   Board.     This 

measure  was  strongly  pressed  by  the  Dis- 

I  unionists   for   a  long  time,  but  they  were 

finally  compelled  to  give  way,  and  the  bill 

;  never  passed. 

6th.  The  Commissioners  reported  the 
result  of  their  interview  with  the  Presi 
dent,  and  expressed  the  opinion  that  some 
!  modification  of  the  course  of  the  General 
Government  towards  Maryland  ought  to  be 
expected. 

10th.  The  House  of  Delegates  passed  a 
|  series  of  resolutions  reported  by  the  Com- 
!  mittee  on  Federal  Relations  by  a  vote  of  45 
i  to  12.  The  resolutions  declare  that  Mary- 
l  land  protests  against  the  war,  and  does 

•  earnestly  beseech  and  implore  the  President 
I  of  the  United  States  to  make  peace  with  the 
j  "  Confederate"  States ;  also,  that  "  the  State 

•  of  Maryland  desires   the  peaceful  and  im- 

i  mediate  recognition  of  the  independence  of 
i  the  Confederate  States."  Those  who  voted 
S  in  the  negative  are  Messrs.  Medders,  Law- 
j  son,  Keene,  Routzahn,  Naill,  Wilson  of  Har- 
i  ford.  Bayless,  McCoy,  Fiery,  Stake, McCleary, 
!  and  Gorsuch. 

13th.     Both    Houses    adopted   a   resolu- 

i  tion    providing   for   a   committee   of    eight 

|  members,  (four  from  each  House)  to  visit 

the  President  of  the  United  States  and  the 

President   of    the    Southern    Confederacy. 

i  The  committee  to  visit  President  Davis  were 

instructed    to   convey   the    assurance   that 

i  Maryland  sympathizes  with  the  Confederate 

j  States,  and  that  the  people  of  Maryland  are 

enlisted  with  their  whole  hearts  on  the  side 

of  reconciliation  arid  peace. 

June  llth.  Messrs.  McKai^,  Yellott  and 
:  Harding,  Commissioners  to  visit  President 
Davis,  presented  their  report ;  accompanying 
which  is  a  letter  from  Jefferson  Davis,  ex- 
!  pressing  his  gratification  to  hear  that  the 
State  of  Maryland  was  in  sympathy  with 
themselves,  was  enlisted  on  the  side  of  peace 
and  reconciliation,  and  avowing  his  perfect 
willingness  for  a  cessation  of  hostilities,  and  a 
readiness  to  receive  any  proposition  for  peace 
from  the  United  States  Government. 


10 


SECESSION    MOVEMENT   DEVELOPED. 


20th.  The  House  of  Delegates,  and 
June  22 d,  the  Senate  adopted  resolutions 
unqualifiedly  protesting  against  the  arrest 
of  Ross  Winans  and  sundry  other  citizens 
of  Maryland,  as  an  "  oppressive  and  tyran 
nical  assertion  and  exercise  of  military  juris 
diction  within  the  limits  of  Maryland,  over 
the  persons  and  property  of  her  citizens,  by 
the  Government  of  the  United  States." 

MISSOURI. 

Januaryl5th,1861 .  Senate  passed  Conven 
tion  Bill — yeas  31,  nays  2.  Passed  House  also. 

February  28th.  Convention  met ;  motion 
to  go  into  secret  session,  defeated.  A  reso 
lution  requiring  members  to  take  an  oath 
to  support  the  Constitution  of  the  United 
States  and  the  State  of  Missouri,  was  lost — 
65  against  80. 

March  4th.  Resolution  passed,  64  yeas, 
35  nays,  appointing  committee  to  notify  Mr. 
Glenn,  Commissioner  of  Georgia,  that  the 
Convention  was  ready  to  hear  any  com 
munication  from  his  State.  Mr.  Glenn  was 
introduced,  read  Georgia's  articles  of  se 
cession,  and  made  a  speech  urging  Missouri 
to  join  her. 

f>th.  Resolutions  were  read,  ordering  that 
the  protest  of  St.  Louis  against  coercion  be 
reduced  to  writing,  and  a  copy  sent  to  the 
President  of  the  United  States ;  also,  reso 
lutions  were  adopted  informing  Commis 
sioner  from  Georgia  that  Missouri  dissented 
from  the  position  taken  by  that  State,  and 
refused  to  share  the  honors  of  secession  with 
her. 

6th.  Resolutions  were  offered  by  several 
members  and  referred,  calling  a  Convention 
of  the  Southern  States  which  have  not  se 
ceded,  to  meet  at  Nashville,  April  15th, 
providing  for  such  amendments  to  the  Con 
stitution  of  the  United  States  as  shall  secure 
to  all  the  States  equal  rights  in  the  Union, 
and  declaring  strongly  against  secession. 

9th.  The  Committee"  on  Federal  Rela 
tions  reported  a  series  of  resolutions,  set 
ting  forth  that  at  present  there  is  no  ade 
quate  cause  to  impel  Missouri  to  leave 
the  Union,  but  that  on  the  contrary  she 
will  labor  for  such  an  adjustment  of  ex 
isting  troubles  as  will  secure  peace  and  the 
rights  "and  equality  of  all  the  States;  that 
the  people  of  Missouri  regard  the  amend 
ments  to  the  Constitution  proposed  by  Mr. 
Crittenden,  with  their  extension  to  territory 
hereafter  to  be  acquired,  a  basis  of  adjust 
ment  which  would  forever  remove  all  diffi 
culties  ;"  and  that  it  is  expedient  for  the 
Legislature  to  call  a  Convention  for  propo 
sing  amendment^  to  the  Constitution. 

The  Senate  passed  resolutions  that  their 
Senators  be  instructed,  and  their  Repre 
sentatives  requested,  to  oppose  the  pas 
sage  of  all  acts  granting  supplies  of  men 
and  money  to  coerce  the  seceding  States 
into  submission  or  subjugation;  and  that, 
should  such  acts  be  passed  by  Congress, 
their  Senators  be  instructed,  and  their  Repre 


sentatives  requested,  to  retire  from  the  halls 
of  Congress. 

16th.  An  amendment  to  1he  fifth  resolu. 
tion  of  the  majority  report  of  the  Committee 
on  Federal  Relations,  asserting  that  Missouri 
would  never  countenance  rior  aid  a  seceding 
State  in  making  war  upon  the  General  Gov 
ernment,  nor  provide  men  and  money  for 
the  purpose  of  aiding  the  General  Govern 
ment  to  coerce  a  seceding  State,  was  voted 
down. 

27th.  The  following  resolution  was  passed 
by  a  vote  in  the  House  of  62  against  42  : — 

Resolved,  That  it  is  inexpedient  for  the 
General  Assembly  to  take  any  steps  for  call 
ing  a  National  Convention  to  propose  amend 
ments  to  the  Constitution,  as  recommended 
by  the  State  Convention. 

July  22d.  The  Convention  reassembled. 

23d.  Resolution  passed,  by  a  vote  of  65  to 
21,  declaring  the  office  of  President,  held  by 
General  Sterling  Price  at  the  last  session  of 
the  Convention,  vacant.  A  committee  of 
seven  were  appointed  to  report  what  action 
they  deem  it  advisable  to  take  in  the  dislo 
cated  condition  of  the  State. 

25th.  The  committee  presented  their  re 
port.  It  alludes  at  length  to  the  present 
unparalleled  condition  of  things,  the  reck 
less  course  of  the  recent  Government,  and 
flight  of  the  Governor  and  other  State 
officers  from  the  capital.  It  declares  the 
offices  of  Governor,  Lieutenant-Governor, 
and  Secretary  of  State  vacant,  and  provides 
that  their  vacancies  shall  be  tilled  by  the 
Convention,  the  officers  so  appointed  to  hold 
their  positions  till  August,  1862,  at  which 
time  it  provides  for  a  special  election  by  the 
people.  It  repeals  the  ninth  section  of  the 
sixth  article  of  the  Constitution,  and  pro 
vides  that  the  Supreme  Court  of  the  State 
shall  consist  of  seven  members ;  and  that 
four  members,  in  addition  to  the  three  no.w 
comprising  the  Court,  shall  be  appointed  by 
the  Governor  chosen  by  this  Convention  to 
hold  office  till  1862,  when  the  people  shall 
decide  whether  the  change  shall  be  perma 
nent.  It  abolishes  the  State  Legislature, 
and  ordains  that  in  case,  before  the  1st  of 
August,  1862,  the  Governor  chosen  by  this 
Convention  shall  consider  that  the  public 
exigencies  demand,  he  shall  order  a  special 
election  for  members  of  the  State  Legisla 
ture.  It  recommends  the  passage  of  an 
ordinance  repealing  the  following  bills, 
passed  by  the  Legislature  in  secret  session, 
in  May  last :  The  military  fund  bill,  the  bill 
to  suspend  the  distribution  of  the  school 
fund,  and  the  bill  for  cultivating  friendly 
relations  with  the  Indian  tribes.  It  repeals 
the  bill  authorizing  the  appointment  of  one 
major-general  of  the  Missouri  militia,  and 
revives  the  militia  law  of  1859. 

A  resolution  was  passed  that  a  committee 
of  seven  be  appointed  by  the  President  to 
prepare  an  address  to  the  people  of  the  State 
of  Missouri. 

November  26th.  Jefferson  Davis  transmit- 


SECESSION    MOVEMENT    DEVELOPED. 


11 


ted  to  the  "  Confederate"  Congress  a  message 
concerning  the  secession  of  Missouri.  It  was 
accompanied  by  a  letter  from  Governor 
Jackson,  and  also  by  an  act  dissolving  the 
union  with  the  United  States,  and  an 
act  ratifying  the  Constitution  of  the  Provi 
sional  Government  of  the  Confederate 
States;  also,  the  Convention  between  the 
Commissioners  of  Missouri  and  the  Com 
missioners  of  the  Confederate  States.  Con 
gress  unanimously  ratified  the  Convention 
entered  into  between  the  Hon.  R.  M.  T. 
Hunter  for  the  rebel  Government  and  the 
Commissioners  for  Missouri. 


Inter-State  Commissioners. 

The  seceding  States,  as  part  of  their  plan 
of  operation,  appointed  Commissioners  to 
visit  other  slaveholding  States.  They  were 
as  follows,  as  announced  in  the  newspapers  : 

SOUTH  CAROLINA. 
To  Alabama,  A.  P.  Calhouii. 
To  Georgia,  James  L.  Orr,  Ex-M.C. 
To  Florida,  L.  W.  Spratt. 
To  Mississippi,  M.  L.  Bonham,  Ex-M.  C. 
To  Louisiana,  J.  L.  Manning. 
To  Arkansas,  A.  C.  Spain. 
To  Texas,  John  McQueen. 
To  Virginia,  John  S.  Preston. 

ALABAMA. 

To  North  Carolina,  Isham  W.  Garrott. 
To  Mississippi,  E.  W.  Pettus. 
To  South  Carolina,  J.  A.  Elmore. 
To  Maryland,  J.  L.  M.  Curry. 
To  Virginia,  Frank  Gilmer. 
To  Tennessee,  L.  Pope  Walker. 
To  Kentucky,  Stephen  F.  Hale. 
To  Arkansas,  John  Anthony  Winston. 

GEORGIA. 

To  Missouri,  Luther  J.  Glenn. 
To  Virginia,  Henry  L.  Benning. 

MISSISSIPPI. 

To  South  Carolina,  C.  E.  Hooker. 
To  Alabama.  Jos.  W.  Matthews,  Ex-Gov. 
To  Georgia,  Thomas  W.  White. 
To  Louisiana,  Wirt  Adams. 
To  Texas,  H.  H.  Miller. 
To  Arkansas,  George  R.  Fall. 
To  Florida,  E.  M.  Yerger. 
To  Tennessee,  T.  J.  Wharton,  Att'y-Gen. 
To  Kentucky,W.  S.  Featherstone,  Ex-M.C. 
To  North  Carolina,  Jacob  Thompson,  Ex- 
M.  C. 

To  Virginia,  Fulton  Anderson. 
To  Maryland,  A.  H.  Handy,  Judge. 
To  Delaware,  Henry  Dickinson. 
To  Missouri, Russell. 


Southern  Congress.  (seep.4oo) 
This  body,  composed  of  Deputies  elected 
by  the  Conventions  of  the  Seceding  States, 


met  at  Montgomery,  Alabama, 
4th,  1861,  to  organize  a  Southern  Confede^*- 
acy.  Each  State  had  a  representation  equa: 
to  the  number  of  members  of  the  Thirtv- 
sixth  Congress.  The  original  members  were: 

SOUTH  CAROLINA. 

Robert  W.  Barnwell,  Ex-U.  S.  Senator. 
R,  Barnwell  Rhett,          "         "         " 
James  Chesnut,  Jr.,        "         "         " 
Lawrence  M.  Keitt,  Ex-M.  C. 
William  W.  Boyce,      "      " 
Wm.  Porcher  Miles,    "      " 
C.  G.  Memminger. 
Thomas  J.  Withers. 

ALABAMA. 
W.  P.  Chilton. 
Stephen  F.  Hale. 
David  P.  Lewis. 
Thomas  Fearn. 
Richard  W.  Walker. 
Robert  H.  Smith. 
Colin  J.  McRae. 
John  Gill  Shorter. 
J.  L.  M.  Curry,  Ex-M.  C. 

FLORIDA. 

J.  Patten  Anderson,  Ex-Delegate  from 
Washington  Territory. 

Jackson  Morton,  Ex-U.  S.  Senator. 
James  B.  Owens. 

MISSISSIPPI. 

W.  S.  Wilson. 

Wiley  P.  Harris,  Ex-M.  C. 

James  T.  Harrison. 

Walter  Brooke,  Ex-U.  S.  Senator. 

William  S.  Barry,  Ex-M.  C. 

A.  M.  Clayton. 

GEORGIA. 

Robert  Toombs,  Ex-U.  S.  Senator. 

Howell  Cobb,  Ex-M.  C. 

Martin  J.  Crawford,      "      " 

Augustus  R.  Wright,    "      " 

Augustus  H.  Kenan. 

Benjamin  H.  Hill. 

Francis  S.  Bartow. 

E.  A.  Nisbet. 

Thomas  R.  R.  Cobb. 

Alexander  H.  Stephens,  Ex-M.  C. 

LOUISIANA. 

Duncan  F.  Kenner. 

Charles  M.  Conrad,  Ex-U.  S.  Senator. 

Henry  Marshall. 

John  Perkins,  Jr. 

G.  E.  Sparrow. 

A.  de  Clouet. 

TEXAS.— (Admitted  March  2d,  1861.) 
Louis  T.  Wigfall,  Ex-U.  S.  Senator. 
John  Hemphill,          "      "         « 
John  H.  Reagan,  Ex-M.  C 
T.  N.  Waul. 
John  Gregg. 
W.  S.  Oldham. 
W.  B.  Ochiltree. 


12 


SECESSION    MOVEMENT    DEVELOPED. 


Proceedings  of  the  Southern  Congress. 

February  4th,  1861.  Howell  Cobb  of 
Georgia  elected  President,  Johnson  J. 
Hooper  of  Alabama,  Secretary.  Mr.  Cobb 
announced  that  secession  "is  now  a  fixed 
and  irrevocable  fact,  and  the  separation  is 
perfect,  complete  and  perpetual." 

6th.  David  L.  Swain,  M.  W.  Ransom  and 
John  L.  Bridgers,  were  admitted  as  Commis 
sioners  from  North  Carolina,  under  resolu 
tions  of  the  General  Assembly  of  that  State, 
passed  January  29, 1801,  "  to  effect  an  honor 
able  and  amicable  adjustment  of  all  the  diffi 
culties  that  disturb  the  country,,  upon  the 
basis  of  the  Crittenden  resolutions,  as  modi 
fied  by  the  Legislature  of  Virginia,"  and  to 
consult  with  the  delegates  to  the  Southern 
Congress  for  their  "  common  peace,  honor 
and  safety." 

7th.  Congress  notified  that  the  State  of 
Alabama  had  placed  $500,000  at  its  dispo 
sal,  as  a  loan  to  the  provisional  government 
of  the  Confederacy  of  Seceding  States. 

8th.  The  Constitution  of  the  Provisional 
Government  adopted.* 


*  The  Provisional  Constitution  adopted  by  the  Seceded 
States  differs  from  the  Constitution  of  the  United  States 
in  several  important  particular.  "7aa  aito/a^xa  sad  ad 
ditions  are  as  follows : 

ALTERATIONS. 

1st.  The  Provisional  Constitution  differs  from  the  other 
In  this  :  That  the  legislative  powers  of  the  Provisional  Gov 
ernment  are  vested  in  the  Congress  now  assembled,  and 
this  body  exercises  all  the  functions  that  are  exercised  by 
either  or  both  branches  of  the  United  States  Government. 

2d.  The  Provisional  President  holds  his  office  for  one 
year,  unless  sooner  superseded  by  the  establishment  of  a 
permanent  Government 

3d.  Each  State  is  erected  into  a  distinct  judicial  district, 
the  judge  having  all  the  powers  heretofore  vested  in  the 
district  and  circuit  courts  ;  and  the  several  district  judges 
together  compose  the  supreme  bench — a  majority  of  them 
constituting  a  quorum. 

4th  Whererer  the  word  "Union''  occurs  in  the  United 
States  Constitution  the  word  "  Confederacy  "  is  substi 
tuted. 

THE   FOLLOWING   ARE   THE   ADDITIONS. 

1st.  The  President  may  veto  any  separate  appropria 
tion  without  vetoing  the  whole  bill  in  which  it  is  con 
tained. 

2d.  The  African  slave-trade  is  prohibited. 

3d.  Congress  is  empowered  to  prohibit  the  introduction 
of  slaves  from  any  State  not  a  member  of  this  Confederacy. 

4th.  All  appropriations  must  be  upon  the  demand  of 
the  President  or  heads  of  departments. 

OMISSIONS. 

1st.  There  is  no  prohibition  on  members  of  Congress 
holding  other  offices  of  honor  and  emolument  under  the 
Provisional  Government. 

2d.  There  is  no  provision  for  a  neutral  spot  for  the  loca 
tion  of  a  seat  of  government,  or  for  sites  for  forts,  arsenals, 
and  dock-yards;  consequently  there  is  no  reference  made 
to  the  territorial  powers  of  the  Provisional  Government. 

3d.  The  section  in  the  old  Constitution  in  reference  to 
capitation  and  other  direct  tax  is  omitted  ;  also,  the  sec 
tion  providing  that  no  tax  or  duty  shall  be  laid  on  any 
exports.  ^ 

4th.  The  prohibition  on  States  keeping  troops  or  ships 
of  war  in  time  of  peace  is  omitted. 

5th.  Th« Constitution  being  proviso/lid^  mereiy,no  pro- 
Tision  is  made  for  its  ratification. 

AMENDMENTS. 

1st.  The  fugitive  slave  clause  of  the  old  Constitution  is 
to  amended  as  to  contain  the  word  "slave,"  and  to  pro 
vide  for  full  compensation  in  cases  of  abduction  or  forci-  I 
cie  rescue  on  the  part  of  the  State  in  which  such  abduc-  j 
lion  or  rescue  may  take  place. 


9th.  Jefferson  Davis  of  Mississippi,  elected 
Provisional  President  of  the  Cc-.-federate 
States  of  America,  and  Alexander  H.  Ste 
phens  of  Georgia,  Vice  President.  The 
question  of  attacking  Fort  Sumter  has 
been  referred  to  the  Congress. 

llth.  Mr.  Stephens  announced  his  accept 
ance.  Committee  appointed  to  prepare  a 
permanent  Constitution. 

12th.  The  Congress  assumed  "  charge  of 
all  questions  and  difficulties  now  existing 
between  the  sovereign  States  of  this  Confed 
eracy  and  the  Government  of  the  United 
States,  relating  to  the  occupation  of  forts, 
arsenals,  navy  yards,  custom-houses,  and  all 
other  public  establishments."  The  resolu 
tion  was  directed  to  be  communicated  to  the 
Governors  of  the  respective  States  of  the 
Confederacy. 

15th.  Official  copy  of  the  Texas  Ordinance 
of  Secession  presented. 

16th.  President  Davis  arrived  and  received 
with  salute,  etc. 

18th.  President  Davis  inaugurated. 

19th.  Tariff  law  passed. 

21st.  Eobert  Toombs  appointed  Secretary 
of  State  ;  C.  G.  Memminger,  Secretary  of  the 
Treasury ;  L.  Pope  Walker  of  Alabama, 
Secretary  of  War ;  Stephen  R.  Mallory, 
Secretary  of  the  Navy  ;  Judah  P.  Benjamin, 
Attorney-General,  and  John  H.  Reagan, 
Postmaster-General  ;  Philip  Clayton  of 
Georgia  appointed  Assistant  Secretary  of 
the  Treasury,  and  Wm.  M.  Browne,  late  of 
the  Washington  Constitution,  Assistant 
Secretary  of  State. 

March  2d.  The  Texas  Deputies  received 

The  Justifying  Causes  of  Secession. 

In  justification  of  the  passage  of  an  ordi 
nance  of  Secession,  the  Convention  of  South 
Carolina  adopted  two  papers,  one  reported 
by  Mr.  R.  B.  Rhett,  being  styled  "The  Ad 
dress  of  the  people  of  South  Carolina,  assem 
bled  in  Convention,  to  the  people  of  the 
Slaveholding  States  of  the  United  States," 
and  the  other,  reported  by  Mr.  C.  G.  Mem 
minger,  being  styled  "Declaration  of  the 
causes  which  justify  the  Secession  of  South 
Carolina  from  the  Federal  Union."  As 
these  official  papers  have  historic  value,  they 
are  inserted  in  full. 

The  former  of  these  two  papers  is  as  fol 
lows  : 

It  is  seventy-three  years,  since  the  Union  between  the 
United  States \v as  made  by  the  Constitution  of  the  United 


2d.  Congress,  by  a  vote  of  two-thirds,  may  at  any  time 
alter  or  amend  the  Constitution. 

TEMPORARY   PROVISIONS. 

1st.  The  Provisional  Government  is  required  to  Uke 
immediate  steps  for  the  settlement  of  all  matters  between 
the  States  forming  it  and  their  other  late  confederates  of 
the  United  States  in  relation  to  the  public  property  and 
the  public  debt. 

2d.  Montgomery  is  made  the  temporary  seat  of  govern- 
meut 

3d.  This  Constitution  is  to  continue  one  year,  unless  al 
tered  by  a  two-thirds  vote  or  superseded  by  a  permanent 
Government. 


SECESSION    MOVEMENT    DEVELOPED. 


Stales.  During  this  time,  their  advance  in  wealth,  pros 
perity  and  power,  has  been  with  scarcely  a  parallel  in  the 
history  of  the  world.  The  great  object  of  their  Union,  was 
defence  against  external  aggressions;  which  object  is  now 
attained,  from  their  m«re  progress  in  power.  Thirty-one 
millions  of  people,  with  a  commerce  and  navigation  which 
explore  every  sea,  and  with  agricultural  productions  which 
are  necessary  to  every  civilized  people,  command  the  friend 
ship  of  the  world.  But  unfortunately,  our  internal  peace 
has  not  grown  with  our  external  prosperity.  Discontent 
arid  contention  have  moved  in  the  bosom  of  the  Confed 
eracy,  for  the  last  thirty-five  years.  During  this  time, 
South  Carolina  has  twice  called  her  people  together  in  sol 
emn  Convention,  to  take  into  consideration,  the  aggressions 
and  unconstitutional  wrongs,  perpetrated  by  the  people  of 
the  North  on  the  people  of  the  South.  These  wrongs,  were 
submitted  to  by  the  people  of  the  South,  under  the  hope 
And  expectation,  that  they  would  be  final.  But  such  hope 
and  expectation,  have  proved  to  be  vain.  Instead  of  pro 
ducing  forbearance,  our  acquiescence  has  only  instigated  to 
new  forms  of  aggressions  and  outrage;  and  South  Carolina, 
having  again  assembled  her  people  in  Convention,  has  this 
day  dissolved  her  connection  with  the  States,  constituting 
the  United  States. 

The  one  groat  evil,  from  which  all  other  evils  have  flowed, 
is  the  overthrow  of  the  Constitution  of  the  United  States. 
The  Government  of  the  United  States,  is  no  longer  the 
Government  of  Confederated  Republics,  but  of  a  consoli 
dated  Democracy.  It  is  no  longer  a  free  Government,  but 
a  Despotism.  It  is,  in  fact,  such  a  Government  as  Great 
Britain  attempted  to  set  over  our  Fathers  ;  and  which  was 
resisted  and  defeated  by  a  seven  years'  struggle  for  inde 
pendence. 

The  Revolution  of  1776,  turned  upon  one  great  principle, 
self-government. — and  self-taxation,  the  criterion  of  self- 
government.  Where  the  interests  of  two  people  united  to 
gether  under  one  Government,  are  different,  each  must 
have  the  power  to  protect  its  interests  by  the  organization 
of  the  Government,  or  they  cannot  be  free.  The  interests 
of  Great  Britain  and  of  the  Colonies,  were  different  and 
antagonistic.  Great  Britain  was  desirous  of  carrying  out 
the  policy  of  all  nations  towards  their  Colonies,  of  making 
them  tributary  to  her  wealth  and  power.  She  had  vast  and 
complicated  relations  with  the  whole  world.  Her  policy 
towards  her  North  American  Colonies,  was  to  identify 
them  with  her  in  all  these  complicated  relations ;  and  to 
make  tlusm  bear,  in  common  with  the  rest  of  the  Empire, 
the  full  burden  of  her  obligations  and  necessities.  She  had 
a  vast  public  debt;  she  had  an  European  policy  and  an 
Asiatic  policy,  which  had  occasioned  the  accumulation  of 
her  public  debt ;  and  which  kept  her  in  continual  wars. 
The  North  American  Colonies  saw  their  interests,  political 
and  commercial,  sacrificed  by  such  a  policy.  Their  interests 
required,  that  they  should  not  be  identified  with  the  bur 
dens  and  wars  of  the  mother  country.  They  had  been 
settled  under  Charters,  which  gave  them  self-government; 
at  least  so  far  as  their  property  was  concerned.  They  had 
taxed  themselves,  and  had  never  been  taxed  by  the  Govern 
ment  of  Great  Britain.  To  make  them  a  part  of  a  consoli 
dated  Empire,  the  Parliament  of  Great  Britain  determined 
to  assume  the  power  of  legislating  for  the  Colonies  in  all 
cases  whatsoever.  Our  ancestors  resisted  the  pretension. 
They  refused  to  be  a  part  of  the  consolidated  Government 
of  Great  Britain. 

The  Southern  States,  now  stand  exactly  in  the  same  posi 
tion  towards  the  Northern  States,  that  the  Colonies  did 
towards  Great  Britain.  The  Northern  States,  having  the 
majority  in  Congress,  claim  the  same  power  of  omnipotence 
in  legislation  as  the  British  parliament.  "The  General 
Welfare,"  is  the  only  limit  to  the  legislation  of  either;  and 
the  majority  in  Congress,  as  in  the  British  parliament,  are 
the  sole  judges  of  the  expediency  of  the  legislation,  this 
"  General  Welfare  "  requires.  Thus,  the  Government  of  the 
United  States  has  become  a  consolidated  Government ;  and 
the  people  of  the  Southern  States,  are  compelled  to  meet 
the  very  despotism,  their  fathers  threw  off  in  the  Revolu 
tion  of  1776. 

The  consolidation  of  the  Government  of  Great  Britain 
over  the  Colonies,  was  attempted  to  be  carried  out  by  the 
taxes.  The  British  parliament  undertook  to  tax  the  Colo 
nies,  to  promote  British  interests.  Our  fathers,  resisted  this 
pretension.  They  claimed  the  right  of  self-taxation  throuyh 
their  Colonial  Legislatures.  They  were  not  represented  in 
the  British  parliament,  and,  therefore,  could  not  rightly  be 
taxed  by  its  legislation.  The  British  Government,  how 
ever,  offered  them  a  representation  in  parliament;  but  it 
was  not  sufficient  to  enable  them  to  protect  themselves 
from  the  majority,  and  they  refused  the  offer.  Between 
taxation  without  any  representation,  and  taxation  without 
a  representation  adequate  to  protection,  there  was  no  differ 
ence.  In  neither  case  would  the  Colonies  tax  themselves. 


]  Hence,*they  refused  to  pay  the  taxes  It  id  by  the  British 
parliament. 

And  so  with  the  Southern  States,  towards  the  Northern 
States,  in  the  vital  matter  of  taxation.  They  arc  in  a  mi 
nority  in  Congress.  Thoir  represnntation  in  Congress,  is- 
useless  to  protect  them  against  unjust  taxation ;  and  they 
are  taxed  by  the  people  of  the  North  for  their  benefit,  ex 
actly  as  the  people  of  Great  Britain  taxed  our  ancestors  in 
the  British  parliament  for  their  benefit.  For  the  last  forty 
yiars,  the  taxes  laid  by  the  Congress  of  the  United  Statesr 
have  been  laid  with  a  view  of  subserving  the  interests  or 
tho  North.  The  peoplf  of  the  South  have  been  taxed  by 
duties  on  imports,  not  for  revenue,  but  for  an  object  in 
consistent  with  revenue — to  promote,  by  prohibitions. 
Northern  interests  in  the  productions  of  their  mines  and 
manufactures. 

There  is  another  evil,  in  the  condition  of  the  Southern 
towards  the  Northern  States,  which  our  ancestors  refused 
to  bear  towards  Great  Britain.  Our  ancestors  not  only 
taxed  themselves,  but  all  the  taxes  collected  from  them,, 
were  expended  amongst  them.  Had  they  submitted  to  the 
pretensions  of  the  British  Government,  the  taxes  collected 
from  them,  would  have  been  expended  in  other  parts  of 
the  British  Empire.  They  were  fully  aware  of  the  effect 
of  such  a  policy  in  impoverishing  the  people  from  whom 
taxes  are  collected,  and  in  enriching  those  who  receive  the 
benefit  of  their  expenditure.  To  prevent  the  evils  of  such 
a  policy,  was  one  of  the  motives  which  drove  them  on  to- 
Revolution.  Yet  this  British  policy,  has  been  fully  realized 
towards  the  Southern  States,  by  the  Northern  States.  The 
people  of  the  Southern  States  are  not  only  taxed  for  the 
benefit  of  the  Northern  States,  but  after  the  taxes  are  col 
lected,  three-fourths  of  them  are  expended  at  the  North. 
This  cause,  with  others,  connected  with  the  operation  of 
the  General  Government,  has  made  the  cities  of  the  South 
provincial.  Their  growth  is  paralyzed;  they  are  mere 
suburbs  of  Northern  cities.  The  agricultural  productions 
of  the  South  are  the  basis  of  the  foreign  commerce  of  tho 
United  States;  yet  Southern  cities  do  not  carry  it  on.  Our 
foreign  trade,  is  almost  annihilated.  In  1740,  there  were 
five  ship  yards  in  South  Carolina,  to  build  ships  to  carry 
on  our  direct  trade  with  Europe.  Between  1740  and  1779T 
there  were  built  in  these  yards,  twenty-five  square  rigged 
vessels,  besides  a  j^reat  number  of  sloops  and  schooners,  to 
carry  on  our  coast  and  West  India  trade.  In  the  half 
century  immediately  preceding  the  Revolution,  from  1725 
to  1775,  the  population  of  South  Carolina,  increased  seven 
fold. 

No  man  can  for  a  moment  believe,  that  our  ancestors 
intended  to  establish  over  their  posterity,  exactly  the  same 
sort  of  Government  they  had  overthrown.  The  great  ob 
ject  of  the  Constitution  of  the  United  States,  in  its  internal 
operation,  was,  doubtless,  to  secure  the  great  end  of  the 
Revolution — a  limited  free  Government— a  Government 
limited  to  those  matters  only,  which  were  general  and 
common  to  all  portions  of  the  United  States.  All  sectional 
or  local  interests,  were  to  be  left  to  the  States.  By  no  other 
arrangement,  would  they  obtain  free  Government,  by  a 
Constitution  common  to  so  vast  a  Confederacy.  iTet  by 
gradual  and  steady  encroachments  on  the  part  of  the 
people  of  the  North,  and  acquiescence  on  the  part  of  the 
South,  the  limitations  in  the  Constitution  have  been  swept 
away;  and  the  Government  of  the  United  States  has  be 
come  consolidated,  with  a  claim  of  limitless  powers  in  its 
operations. 

It  is  not  at  all  surprising,  such  being  the  character  of 
the  Government  of  tho  United  States,  that  it  should  assume 
to  possess  power  over  all  the  institutions  of  the  country. 
The  agitations  on  the  subject  of  slavery,  are  the  natural 
results  of  the  consolidation  of  the  Government.  Responsi 
bility,  follows  power ;  and  if  the  people  of  the  North,  have 
the  power  by  Congress — "  to  promote  the  general  welfare 
of  the  United  States,"  by  any  means  they  deem  expedient — 
why  should  they  not  assail  and  overthrow  the  institution 
of  slavery  in  the  South?  They  are  responsible  for  its  con 
tinuance  or  existence,  in  proportion  to  their  power.  A  ma 
jority  in  Congress,  according  to  their  interested  and  per 
verted  views,  is  omnipotent.  The  inducements  to  act  upon 
the  subject  of  slavery,  under  such  circumstances,  were  so 
imperious,  as  to  amount  almost  to  a  moral  necessity.  To 
make,  however,  their  numerical  power  available  to  rule 
the  Union,  the  North  must  consolidate  their  power.  It 
would  not  be  united,  on  any  matter  common  to  the  whole 
Union— in  other  words,  on  any  constitutional  subject— 
for  on  such  subjects  divisions  are  as  likely  to  exist  in  the 
North  as  in  the  South.  Slavery  was  strictly,  a  sectional 
interest.  If  this  could  be  made  the  criterion  of  parties  at 
the  North,  the  North  could  be  united  in  its  power;  and 
thus  carry  out  its  measures  of  sectional  ambition,  en 
croachment,  and  aggrandizement.  To  build  up  their  sec 
tional  predominance  in  the  Union,  the  Constitution  musk 


14 


SECESSION   MOVEMENT   DEVELOPED. 


things. 

The  Constitution  of  the  United  States,  was  an  experimont. 
The  experiment  consisted,  in  uniting  undor  one  Govern 
ment,  peoples  living  in  different  climates,  and  having  dif 
ferent  pursuits  and  institutions.  It  matters  not,  how  care 
fully  tho  limitations  of  such  a  Government  be  laid  down  in 
the  (  Institution,— its  success  must  at  least  depend,  upon  the 
i:o(.'l  faith  of  the  parties  to  the 


j  slave-holding  States,  having  majority  in  both  branches  of 
the  Legislature  of  the  Government.    They  were  guiliv  •  ' 

i  no  such  folly.  Time  and  the  progress  of  things,  have  totally 
altered  the  relations  between  the  Northern  and  S.uth.-rii 
States,  since  the  Union  was  established.  That  idcntitv  of 
feelings,  interests  and  institutions,  which  once  existed, 
is  gone.  They  are-  now  divided,  between  n 
and  manufacturing,  and  commercial  States ;  botv> 
holding,  and  &on-slavnholdin 


,   that  words   on  parchments  can  arrest 


power 


rioultur  il — 


in   dissolving   a   union    with    Don-fllaTeholding    confed 


5£S^£fitf±tffflf33W2:  S2t  """  "ekillg  8  «-«.^«5nsv*5E; 


, 

i  would  yield  to  faith,—  that  integrity  would  be 
stronger  than  interest;  and  that  thus,  the  limitations  of 
the  Constitution  would  be  observed.  The  experiment,  has 
been  fairly  made.  The  Southern  States,  from  the  com 
mencement  of  the  Government,  have  striven  to  keep  it 
within  the  orbit  prescribed  by  the  Constitution.  The  ex 
periment,  has  failed.  The  whole  Constitution,  by  the  con 
structions  of  the  Northern  people,  has  been  absorbed  by  its 
preamble.  In  their  reckless  lust  for  power,  they  seem 
unable  to  comprehend  that  seeming  paradox—  that  the 
more  power  is  given  to  the  General  Government,  the  weaker 
it  becomes.  Its  strength,  consists  in  the  limitation  of  its 
agency  to  objects  of  common  interest  to  all  sections.  To 
extend  the  scope  of  its  power  over  sectional  or  local  inter 
ests,  is  to  raise  up  against  it,  opposition  and  resistance.  In 
all  such  matters,  the  General  Government  must  necessarily 
be  a  despotism,  because  all  sectional  or  local  interests  must 
ever  be  represented  by  a  minority  in  the  councils  of  the 
General  Government—  having  no  power  to  protect  itself 
against  the  rule  of  the  majority.  The  majority,  constitu 
ted  from  those  who  do  not  represent  these  sectional 


local  interests,  will  control  and  govern  them.  A  free 
people,  cannot  submit  to  such  a  Government.  And  tho 
more  it  enlarges  the  sphere  of  its  power,  the  greater 
must  be  the  dissatisfaction  it  must  produce,  and  the 
weaker  it  must  become.  On  the  contrary,  the  more  it  ab 
stains  from  usurped  powers,  and  the  more  faithfully  it  ad 
heres  to  the  limitations  of  the  Constitution,  the  stronger  it 
is  made.  The  Northern  people  have  had  neither  the 
wisdom  nor  the  faith  to  perceive,  that  to  observe  the  limi 
tations  of  the  Constitution  was  the  only  way  to  its  perpe- 


Experience  has  proved,  that  slaveholding  States  cannot 
be  safe,  in  subjection  to  non-siaveholding  States.  Indeed, 
no  people  can  ever  expect  to  preserve  its  rights  and  liber 
ties,  unless  these  be  in  its  own  custody.  To  plunder  and 
oppress,  where  plunder  and  oppression  can  be  praeii.-.-d 
with  impunity,  seems  to  be  the  natural  order  of  things. 
The  fairest  portions  of  the  world  elsewhere,  have  been 
turned  into  wildernesses  ;  and  the  most  civilized  and  pros 
perous  communities,  have  been  impoverished  and  ruin-d  i,v 
anti-slavery  fanaticism.  The  people  of  the  North  have  not 
left  us  in  doubt,  as  to  their  designs  and  policy.  United  as 
a  section  in  the  late  Presidential  election,  they  have  elected 
as  the  exponent  of  their  policy,  one  who  has  openly  de 
clared,  that  all  the  States  of  the  United  States,  must  be 
made  free  States  or  slave  States.  It  is  true,  that  am-  m--t 
those  who  aided  in  his  election,  there  are  various  shades  of 
anti-slavery  hostility.  But  if  African  slavery  in  the  South 
ern  States,  be  the  evil  their  political  combination  affirms  it 
to  be,  the  requisitions  of  an  inexorable  logic,  must  lead 
them  to  emancipation.  If  it  is  right,  to  preclude  or  abolish 
slavery  in  a  Territory,—  why  should  it  be  allowed  to  remain 
in  the  States?  The  one  is  not  at  all  more  unconstitutional 


preme 


than  the  other,  according  to  the  decisions  of  the  Su, 

Court  of  the  United  States.  And  when  it  is  considered, 
that  the  Northern  States  will  soon  have  the  power  to  make 
that  Court  what  they  please,  and  that  the  Constitution 
never  has  been  any  barrier  whatever  to  their  exercise  of 
power — what  check  can  there  be,  in  the  unrestrained  coun 
sels  of  the  North,  to  emancipation  ?  There  is  sympathy  in 
association,  which  carries  men  along  without  principle; 
but  when  there  is  principle— and  that  principle  is  fortified 
by  long-existing  prejudices  and  feelings,  association  is  om- 
nipotent  in  party  influences.  In  spite  of  all  disclaimers 
|  and  professions,  there  can  be  but  one  end  by  tho  submission 


Under  such  a  Government,  there  must,  of  course  be  many 

StiSrf  ^^^"^^^'SSS^  th°  two«r«at    ana  protossions,  mere  can  be  but  one  end  bvthe  submission 

SXfl  tb ,P       ;-?Y    he  »Sa,me  r?1  hl<?1ssjiess  whic»  has  '  of  the  South,  to  the  rule  of  a  sectional  anti-slavorv  govern- 

to  rorr      S?^?        5       ,th°  Umted  Statcs'wi11  »ot  I  ment  at  Washington;  and  that  end,  directly  or  ii.di,  ectlv, 

'^ILr*  J£L8C£  1°™*  Proses  for  which  it  has     must  be-the  emancipation  of  the  rfaves  of  the  South.    The 


.     rp.  —  *-—  r"  -----  •  ------  '"  ""«    uiiioi,  UK  —  iun  mandpation  of  the  stores  of  the  South.   The 

n  ,  f  i  -l,o  TT   •  "'"f  r°  ,coilflict;  and  tho  weaker    hypocrisy  of  thirty  years-tho  faithlessness  of  thei 

n  irn  n                     *  nlyJnd  1Mjaco  aml  liberty>  in  an 

independence  of 

South 
gro 


courso  from  the  commencement  of  onr  union  with  them 


lependence  of  the  North.    The  repeated  efforts  made  by  I  show  that  the  people  of  the  nou-slaveh-ldin-  North  are 
Ji  Carolina,  ,„  a  wise  conservatism,  to  arrest  the  pro-    not,  and  cannot  be  safe  associate,  of  the  slaveholding  South 
t?,,?l^ll't;"e.r!I,GoJernment  in  !te  fatal   progress  to  !  under  a  common  Government.     Not  only  their  fanaticism 


consolidation,  have  been  unsupported,  and  she  has  been  j  but  their  erroneous  views 

denounced  as  faithless  to  the  obligations  of  the  Constitu 
tion,  by  the  very  men  and  Status,  who  were  destroying  it  by 
their  usurpations.  It  is  now  too  late,  to  reform  or  restore 
tho  Government  of  tho  United  States.  All  confidence  in 
the  North,  is  lost  by  the  South.  The  faithlessness  of  tho 
North  for  a  half  century,  has  opened  a  gulf  of  separation 
between  tho  North  and  the  South  which  no  nrnmisos  nr,r 
engagements  can  fill. 


It  cannot  be  believed,  that  our  ancestors  would  have  as 
sented  to  any  Union  whatever  with  tho  people  of  the  North, 

t  the  feelings  and  opinions  now  existing  amongst  them 
had  existed  when  the  Constitution  was  framed.  There  was 
then,  no  Tariff— no  fanaticism  concerning  negroes.  It  was 
the  delegates  from  New  England,  who  proposed  in  the  Con 
vention  which  framed  tho  Constitution,  to  tho  delegates 
from  South  Carolina  and  Georgia,  that  if  they  would  agre  • 
to  give  Congress  the  power  of  regulating  commerce  bv  a 
tntyonty,  that  they  would  support  tho  extension  of  the  Af 
rican  Slave  Trade  for  twenty  years.  African  slavery,  existed 

n  all  tho  States,  but  one.  Tho  idea,  that  the  Southern 
would  be  made  to  pay  that  tribute  to  their  Northern 
confederates,  which  the}  had  refused  to  pay  to  Great  Hrit- 
aia;  or  that  the  institution  of  African  shivery,  would  be 
made  the  grand  basis  of  a  sectional  organization  of  the 
North  to  rule  the  South,  never  crossed  the  imaginations  of 
our  ancestors.  The  Union  of  the  Constitution,  was  a  union 
of  slaveholding  States.  It  rests  on  slavery,  bv  prtwribm" 
a  Representation  in  Congress,  for  three-fifths  of  our  slaves 
Ihere  is  nothing  in  the  proceedings  of  tho  Convention  which 


ticism, 

of  the  principles  of  free  govern 
ments,  render  it  doubtful  whether,  if  separated  from  the 
South,  they  can  maintain  a  free  government  anion-st  them 
selves.  Numbers  with  them,  is  the  great  element  of  free 
government.  A  majority,  is  infallible  and  omnipotent. 
"The  right  divine  to  rule'in  kings,"  is  only  transferred  to 
their  majority.  The  very  object  of  all  Constitutions,  in 
free  popular  Government,  is  to  restrain  tho  majority.  Con- 
stitutions,  therefore,  according  to  their  theory,  must  be 
most  unrighteous  inventions,  restricting  liberty.  None 
on-lit  to  exist;  but  the  body  politic  ought  simply  to  have 
a  political  organization,  to  bring  out  and  enforce  the  will 
of  the  majority.  This  theory  may  be  harmless  in  a  small 
community,  having  identity  of  interests  and  pursuits;  but 
over  a  vast  State — still  more,  over  a  vast  Confederacy,  hav 
ing  various  and  conflicting  interests  and  pursuits, 'it  is  A 
remorseless  despotism.  In  resisting  it,  as  applicable  to 
ourselves,  we  are  vindicating  the  great  cause  of  tree  g;>vorn- 
ment,  more  important,  perhaps,  to  the  world,  than  the 
exigence  of  all  tho  United  States.  Nor  in  resisting  it,  do 
we  intend  to  depart  from  the  safe  instrumentality,  the  sys 
tem  of  government  we  have  established  with  them,  re 
quires.  In  separating  from  them,  we  invade  no  rights — no 
interest  of  theirs.  \V'e  violate,  no  obligation  or  duty  to 
them.  As  separate,  independent  States  in  Convention,  we 
made  tho  Constitution  of  the  United  States  with  them; 
and  as  separate  independent  States,  each  State  acting  for 
itself,  we  adopted  it.  South  Carolina  acting  in  her  sover 
eign  capacity,  now  thinks  proper  to  secede  from  th^  Union: 
She  did  not  part  with  her  Sovereignty,  in  adopting  theCou- 


SECESSION   MOVEMENT   DEVELOPED. 


15 


stitution.  The  last  thing,  a  State  can  be  presumed  to  have 
surrendered,  is  her  Sovereignty.  Her  Sovereignty,  is  her 
life.  Nothing  but  a  clear,  express  grant,  can  alienate  it. 
Inference  is  inadmissible.  Yet  it  is  not  at  all  surprising, 
that  those  who  have  construed  away  all  the  limitations  of 
that  Constitution,  should  also  by  construction,  claim  the 
annihilation  of  the  Sovereignty  of  the  States.  Having  abol 
ished  barriers  to  their  omnipotence,  by  their  faithless  con 
structions  in  the  operations  of  the  General  Government,  it 
is  most  natural  that  they  should  endeavor  to  do  the  same 
t<>\\ards  us,  in  the  Slates.  The  truth  is.  thvy,  having  vio 
lated  the  express  provisions  of  the  Constitution,  it  is  at  an 
end,  as  a  compact.  It  is  morally  obligatory  only  011  those, 
who  choose  to  accept  its  perverted  terms.  South  Carolina, 
deeming  the  compact  not  only  violated  in  particular  fea 
tures,  but  virtually  abolished  by  her  Northern  confeder 
ates,  withdraws  herself  as  a  party,  from  its  obligations. 
The  right  do  do  so,  is  denied  by  her  Northern  confederates. 
They  desire  to  establish  a  sectional  despotism,  not  only 
omnipotent  in  Congress,  but  omnipotent  over  the  States; 
und  as  if  to  manifest  the  imperious  necessity  of  our  seces 
sion,  they  threaten  us  with  the  sword,  to  coerce  submissioi 
to  their  rule. 

Citizens  of  the  slaveholding  States  of  the  United  States  . 
Circumstances  beyond  our  control,  have  placed  us  in  the 
van  of  the  great  controversy  between  the  Northern  and 
Southern  States.  We  would  have  preferred,  that  other 
States  should  have  assumed  the  position  wo  now  occupy 
Independent  ourselves,  we  disclaim  any  design  or  desire 
to  lead  the  counsels  of  the  other  Southern  States.  Provi 
dence  has  cast  our  lot  together,  by  extending  over  us  an 
identity  of  pursuits,  interests  and  institutions.  South  Car 
olina,  desires  no  destiny,  separate  from  yours.  To  be  one 
of  a  great  Slaveholding  Confederacy,  stretching  its  arms 
over  a  territory  larger  than  any  power  in  Europe  possesses — 
with  a  population,  four  times  greater  than  that  of  the  whole 
United  States,  when  they  achieved  their  independence  of 
the  British  Empire — with  productions,  which  make  our 
existence  more  important  to  the  world,  than  that  of  any 
other  people  inhabiting  it — with  common  institutions  to 
defend,  and  common  dangers  to  encounter— we  ask  your 
sympathy  and  confederation.  Whilst  constituting  a  por 
tion  of  the  United  States,  it  has  been  your  statesmanship 
which  has  guided  it,  in  its  mighty  strides  to  power  and 
expansion.  In  the  field,  as  in  the  cabinet,  ytm  have  led 
the  way  to  its  renown  and  grandeur.  You  have  loved  the 
Union,  in  whose  service  your  great  statesmen  have  labored, 
and  your  great  soldiers  have  fought  and  conquered— not 
for  the  material  benefits  it  conferred,  but  with  the  faith  of 
a  generous  and  devoted  chivalry.  You  have  long  lingered 
in  hope  over  the  shattered  remains  of  a  broken  Constitu 
tion.  Compromise  after  compromise,  formed  by  your  con 
cessions,  has  been  trampled  under  foot,  by  your  Northern 
confederates.  All  fraternity  of  feeling  between  the  North 
an  1  the  South  is  lost,  or  has  been  converted  into  hate;  and 
we,  of  the  South,  are  at  last  driven  together,  by  the  stern 
destiny  which  controls  the  existence  of  nations.  Your  bit 
ter  experience,  of  tho  faithlessness  and  rapacity  of  your 
Northern  confederates,  may  have  been  necessary,  to  evolve 
those  great  principles  of  free  government,  upon  which  the 
liberties  of  the  world  depend,  and  to  prepare  you  for  the 
grand  mission  of  vindicating  and  re-establishing  them.  We 
rejoice,  that  other  nations  should  be  satisfied  with  their 
institutions.  Contentment,  is  a  great  element  of  happi- 
e.-s,  with  nations  as  with  individuals.  We,  are  satisfied 
with  ours.  If  they  prefer  a  system  of  industry,  in  which 
capital  and  labor  are  in  perpetual  conflict— and  chronic 
starvation  keeps  down  the  natural  increase  of  population— 
and  a  man  is  worked  out  in  eight  years— and  tho  law 
ordains,  that  children  shall  be  worked  only  ten  hours  a 
day— and  the  sabre  and  bayonet  are  the  instruments  of 
nJer— be  it  so.  It  is  their  affair,  not  ours.  We  prefer 
however,  our  system  of  industry,  by  which  labor  and  cap 
ital  are  identified  in  interest,  and  capital,  therefore,  pro- 
•ts  labor— by  which  our  population  doubles  every  twenty 
years— by  which  starvation  is  unknown,  and  abundance 
crowns  the  land— by  which  order  is  preserved  bv  an  unpaid 
jolice,  and  many  fertile  regions  of  tho  world,  where  tho 
white  man  cannot  labor,  are  brought  into  usefulness  by 
e  labor  of  the  African,  and  the  whole  world  is  blessed 
by  our  productions.  All  wo  demand  of  other  peoples  is. 
>  be  let  alone,  to  work  out  our  own  high  destinies' 
United  together,  and  we  must  be  the  most  independent,  as 
re  among  the  most  important  of  the  nations  of  the 
United  together,  and  we  require  no  other  instru 
ment  to  cuiiquer  peace,  than  our  beneficent  productions, 
'd  together,  and  we  must  be  a  great,  free  and  prospor- 
ple,  whose  renown  must  spread  throughout  the 
\  uiz.Hl  world,  and  pass  down,  we  trust,  to  the  remotest 
•We  ask  you  to  join  us,  in  forming  a  Confederacy  of 
fciaveholdicjr  stittes. 


The  latter  paper  is  as  followo  : 


DECLARATION  OF  THE  IMMEDIATE  CAUSES  WHICH  INDUCE  AN» 
JUSTIFY  THR  8ECB8SION  0?  SOUTH  CAROLINA  FROM  THB 
FEDERAL  UNION. 

The  people  of  the  State  of  South  Carolina,  in  conven 
tion  assembled,  on  the  26th  day  of  April,  A.  D.,  18C>2, 
declared  that  the  frequent  violutioa.s  of  the  constitution 
of  the  United  States  by  the  federal  government,  and  its 
encroachments  upon  tho  reserved  rights  of  the  states, 
fully  justified  this  state  in  then  withdrawing  from  the 
Federal  Union ;  but  in  deference  to  the  opinions  and  wishes 
of  the  other  slaveholdiug  states,  sue  fort  bore  at  that  time 
to  exercise  this  right.  Sicce  that  time,  these  encroach 
ments  have  continued  to  increase,  and  further  forbearance 
ceases  to  be  a  virtue. 

And  now  the  State  of  South  Carolina  having  resumed 
her  separate  and  equal  place  among  nations,  deems  it  due 
to  herself,  to  the  remaining  United  States  of  America,  and 
to  the  nations  of  the  world,  that  she  should  declare  the 
immediate  causes  which  have  led  to  this  act. 

In  tho  year  1765,  that  portion  of  the  British  Empire 
embracing  Great  Britain,  undertook  to  make  laws  for  the 
government  of  that  portion  composed  of  the  thirteen 
American  colonies.  A  struggle  for  the  right  of  self-gov 
ernment  ensued,  which  resulted  on  the  4th  of  July,  1,76. 
in  a  declaration  by  the  colonies,  -  that  they  are,  and  of 
right  ought  to  be,  FKEE  AND  INDEPENDENT  STATES' 
and  that  as  free  and  independent  states,  they  have  full 
power  to  levy  war,  conclude  peace,  contract  alliance*., 
establish  commerce,  and  to  do  all  other  acts  and  things 
which  independent  states  may  of  right  do." 

They  further  solemnly  declared  that  whenever  any  "  form 
of  government  becomes  destructive  of  the  ends  for  which  it 
was  established,  it  is  the  right  of  the  people  to  alter  or 
abolish  it,  and  to  institute  a  new  government."  Deeming 
the  government  of  Great  Britain  to  have  become  destruc 
tive  of  these  ends,  they  declared  that  the  colonies '•  are 
absolved  from  all  allegiance  to  tho  British  crown,  and  that 
all  political  connection  between  them  and  the  State  of 
Great  Britain  is,  and  ought  to  be  totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each 
of  the  thirteen  states  proceeded  to  exercise  its  separate 
sovereignty;  adopted  for  itself  a  constitution,  and  ap 
pointed  officers  for  the  administration  of  government  in  all 
its  departments— legislative,  executive  and  judicial.  For 
purposes  of  defence,  they  united  their  arms  and  their  coun 
sels;  and,  in  1778  they  entered  into  a  league  known  as  the 
articles  of  confederation,  whereby  they  agreed  tu  entrust 
the  administration  of  their  external  relations  to  a  common 
agent,  known  as  the  Congress  of  the  United  States,  ex 
pressly  declaring  in  tho  first  article,  '•  that  each  state  re 
tains  its  sovereignty,  freedom  and  independence,  and  every 
power,  jurisdiction  and  right  which  is  not,  by  this  confed 
eration,  expressly  delegated  to  the  United  States  in  Con 
gress  assembled." 

Under  this  confederation  the  war  of  the  revolution  was 
carried  on,  and  on  the  3d  September,  1783,  the  contest 
ended,  und  a  definitive  treaty  was  signed  by  Great  Britain, 
in  which  she  acknowledged  the  independence  of  the  colo 
nies  in  the  following  terms: 

'•Article  1. — His  Britauic  Majesty  acknowledges  the  said 
United  Status,  viz:  New  Hampshire,  Massachusetts  Bay 
Rhode  Island  and  Providence  Plantations,  Connecticut' 


that  he  treats  with  them  as  such ;  and  fur  himself,  hi* 
heirs  and  successors,  relinquishes  all  claims  to  the  govern 
ment,  proprietary  and  territorial  rights  of  the  same  and 
every  part  thereof." 

Thus  were  established  the  two  great  principles  asserted 
)y  the  colonies,  namely:  the  right  of  a  state  to  govern 
tself;  and  the  right  of  a  people  to  abolish  a  government 
vhen  it  becomes  destructive  of  the  ends  for  which  it  was 
instituted.  And  concurrent  with  the  establishment  of 
these  principles,  was  the  fact  that  each  colony  became, 
ind  was  recognized  by  tho  mother  country  as  a  FKEE. 
SOVEREIGN  AND  INDEPENDEiST  STATE. 

In  1787,  deputies  wero  appointed  by  the  states  to  revise 
:he  articles  of  confederation,  and  on  the  17th  of  Septem- 
>er,  1787,  these  deputies  recommended  for  the  adoption  of 
he  states,  the  articles  of  union  known  as  the  Constiru- 
ion  of  the  United  States. 

The  parties  to  whom  this  constitution  was  submitted 
wero  the  several  sovereign  states;  they  were  to  a-ree  or 
lisagree,  and  when  nine  of  them  agreed,  tho  compact  was 
to  take  eftect  among  those  concurring;  and  the  ••x-neral 
government,  as  the  common  agent,  was  thju  to  be  iuvt-oted 

ith  their  authority. 

If  only  nine  of  the  thirteen  states  hud  concurred,  tho 


16 


SECESSION   MOVEMENT   DEVELOPED. 


ether  four  would  have  remained  as  they  then  were — sepa 
rate,  sovereign  states,  independent  of  any  of  the  provisions 
wf  the  constitution.  In  fact,  two  of  the  states  did  not 
accede  to  the  constitution  until  long  after  it  had  gone  into 
operation  among  the  other  eleven ;  and  during  that  interval 
tbsy  ench  exercised  the  functions  of  an  independent  nation. 

By  this  constitution,  certain  duties  were  imposed  upon  the 
several  states,  and  the  exercise  of  certain  of  their  powers  was 
restrained,  which  necessarily  implied  their  continued  ex 
istence  as  sovereign  states.  But  to  remove  all  doubt,  an 
Amendment  was  added,  which  declared  that  the  powers 
not  delegated  to  the  United  States  by  the  constitution,  nor 
prohibited  by  it  to  the  states,  are  reserved  to  the  states, 
respectively,  or  to  the  people.  On  23d  May,  1788,  South 
Carolina,  by  a  convention  of  her  people,  passed  an  ordi 
nance  assenting  to  this  constitution,  and  afterwards  altered 
her  own  constitution,  to  conform  herself  to  the  obligations 
she  had  undertaken. 

Thus  was  established,  by  compact  between  the  states, 
a  government,  with  defined  objects  and  powers,  limited 
to  the  express  words  of  the  grant.  This  limitation  left  the 
whole  remaining  mass  of  power  subject  to  the  clause  re 
serving  it  to  the  states  or  to  the  people,  and  rendered  un 
necessary  any  specification  of  reserved  rights. 

Wo  hold  that  the  government  thus  established  is  subject 
to  the  two  great  principles  asserted  in  the  Declaration  of 
Independence;  and  we  hold  further,  that  the  mode  of  its 
formation  subjects  it  to  a  third  fundamental  principle, 
namely:  the  law  of  compact.  We  maintain  that  in  every 
compact  between  two  or  more  parties  the  obligation  is 
mutual ;  that  the  failure  of  ones  of  the  contracting  parties 
to  perform  a  material  part  of  the  agreement,  entirely  re 
leases  the  obligations  of  the  other;  and  that  where  no 
arbiter  is  provided,  each  party  is  remitted  to  his  own 
judgment  to  determine  the  fact  of  failure,  with  all  its  con 
sequences. 

In  the  present  case,  the  fact  is  established  with  certainty. 
We  assert  that  fourteen  of  the  states  have  deliberately 
refused  for  years  past,  to  fulfil  their  constitutional  obliga 
tions,  and  we  refer  to  their  own  statutes  for  the  proof. 

The  constitution  of  the  United  States,  in  its  4th  article, 
provides  as  follows : 

'•  No  person  hold  to  service  or  labor,  in  one  state,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse 
quence  of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due." 

This  stipulation  was  so  material  to  the  compact,  that 
without  it  that  compact  would  not  have  been  made.  The 
greater  number  of  the  contracting  parties  held  slaves,  and 
they  had  previously  evinced  their  estimate  of  the  value  of 
such  a  si  ipulation  by  making  it  a  condition  in  the  ordinance 
for  the  government  of  the  territory  ceded  by  Virginia, 
which  now  composes  the  states  north  of  tho  Ohio  river. 

The  same  article  of  the  constitution  stiuulates  also  for 
the  rendition,  by  the  several  states,  of  fugitives  from  jus 
tice  from  the  other  states. 

The  general  government,  as  the  common  agent,  passed 
laws  to  carry  into  effect  these  stipulations  of  the  states. 
For  many  years  these  laws  were  executed.  But  an  in 
creasing  hostility  on  the  part  of  the  non-slaveholding  states 
to  tho  institution  of  slavery  has  led  to  a  disregard  of  their 
obligations,  and  the  laws  of  the  general  government  have 
ceased  to  effect  tho  objects  of  the  constitution.  The  States 
of  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Con 
necticut,  Ithodu  Island,  Now  York,  Pennsylvania,  Illinois, 
Indiana,  Michigan,  Wisconsin  and  Iowa,  have  enacted 
laws  which  either  nullify  the  acts  of  Congress  or  render 
useless  any  attempt  to  execute  them.  In  many  of  these 
states  the  fugitive  is  discharged  from  the  service  or  labor 
claimed,  and  in  none  of  them  has  the  state  government 
complied  with  the  stipulation  made  in  the  constitution. 
The  State  of  New  Jersey,  at  an  early  day,  parsed  a  law  in 
conformity  with  her  constitutional  obligation;  but  the 
current  of  anti-slavery  feeling  has  led  her  more  recently 
to  enact  laws  which  render  inoperative  the  remedies  pro 
vided  by  her  own  law  and  by  tho  laws  of  Congress.  In  tho 
State  of  Ntw  York  even  the  right  of  transit  for  a  slave  has 
been  denied  by  her  tribunals;  and  tho  States  of  Ohio  and 
Iowa  havo  refused  to  surrender  to  justice  fugitives  charged 
with  murder,  and  with  inciting  servile  insurrection  in  the 
State  of  Virginia.  Thus  the  constitutional  compact  has 
been  deliberately  llvoken  and  disregarded  by  the  non- 
slaveholding  states,  and  the  consequence  follows  that  South 
Carolina  is  released  from  her  obligation. 

The  ends  for  which  this  constitution  was  framed  are 
declared  by  itself  to  be  '•  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquility,  provide  for 
the  common  defence,  promote  the  general  welfare,  and  se 
cure  the  blessings  of  liberty  to  ourselves  and  our  pos 
terity." 

These  ends  it  endeavored  to  accomplish  by  a  federal 
government,  in  which  each  state  was  recognized  as  an 


equal,  and  had  separate  control  over  its  own  institutions. 
The  right  of  property  in  slaves  was  recognized  by  giving 
to  free  persons  distinct  political  rights,  by  giving  them 
the  right  to  represent,  and  burthening  them  with  direct 
taxes  for  three-fifths  of  their  slaves;  by  authorizing  the 
importation  of  slaves  for  twenty  years,  and  by  stipulating 
lor  the  rendition  of  fugitives  from  labor. 

We  aflirm  that  these  ends,  for  which  this  government 
was  instituted,  have  been  dei'eated,  and  the  government 
itself  has  been  made  destructive  of  them  by  the  action  of 
the  non-sl<iveliolding  states.  Those  states  have  assumed 
the  right  of  deciding  upon  the  propriety  of  our  domestic 
institutions;  and  have  denied  tho  rights  of  property  es 
tablished  in  fifteen  of  the  states  and  recognized  by  the 
constitution;  they  have  denounced  as  sinful  the  institu 
tion  of  slavery ;  they  have  permitted  the  open  establish 
ment  among  them  of  societies,  whose  avowed  object  is  to 
disturb  the  peace  and  to  eloign  the  property  of  the  citi 
zens  of  other  states.  They  have  encouraged  and  assisted 
thousands  of  our  slaves  to  leave  their  homes,  and  those 
who  remain  have  been  incited  by  emissaries,  books  and 
pictures  to  servile  insurrection. 

For  twenty-five  years  this  agitation  has  been  steadily  , 
increasing,  until  it  has  now  se  ;ured  to  its  aid  the  power 
of  the  common  government.  Observing  tho  forms  of  the 
constitution,  a  sectional  party  has  found  within  that  ar 
ticle  establishing  the  executive  department  the  means  of 
subverting  the  constitution  itself.  A  geographical  line 
has  been  drawn  across  the  Union,  and  all  the  states 
north  of  that  line  have  united  in  the  election  of  a  man  to 
the  high  office  of  President  of  tho  United  States,  whose 
opinions  and  purposes  are  hostile  to  slavery.  lie  is  to  be 
entrusted  with  the  administration  of  the  common  gov 
ernmeut,  because  he  has  declared  that  that  "  govern 
ment  cannot  endure  permanently  half  slave,  half  free," 
and  that  tho  public  mind  must  rest  in  the  belief  that  sla 
very  is  in  the  course  of  ultimate  extinction. 

This  sectional  combination  for  the  subversion  of  the 
constitution,  has  been  aided  in  some  of  the  states  by  ele 
vating  to  citizenship,  persons,  who,  by  the  supreme  law  of 
the  land,  are  incapable  of  becoming  citizens ;  and  their 
votes  have  been  used  to  inaugurate  a  new  policy,  hostile 
to  the  South,  and  destructive  of  its  peace  and  safety. 

On  the  4th  of  March  next  this  party  will  take  posses 
sion  of  the  government.  It  lias  announced  that  the  South 
shall  be  excluded  from  the  common  territory:  that  the 
judicial  tribunals  shall  be  made  sectional,  and  that  a  war 
must  be  waged  against  slavery  until  it  shall  cease  through 
out  the  United  States. 

The  guaranties  of  the  constitution  will  then  no  longer 
exist;  the  equal  rights  of  the  states  will  be  lost.  The 
slaveholding  states  will  no  longer  have  the  power  of 
self-government,  or  self-protection,  and  the  federal  gov 
ernment  will  have  become  their  enemy. 

Sectional  interest  and  animosity  will  deepen  the  irrita 
tion,  and  all  hope  of  remedy  is  rendered  vain,  by  the  fact 
that  public  opinion  at  the  North  has  invested  a  great  po 
litical  error  with  the  sanctions'  of  a  more  erroneous  reli 
gious  belief. 

We,  therefore,  the  people  of  South  Carolina,  by  our  de 
legates,  in  convention  assembled,  appealing  to  the  Su 
premo  Judge  of  the  world  for  the  rectitude  of  our  inten 
tions,  have  solemnly  declared  that  the  union  heretofore 
existing  between  this  state  and  the  other  states  of  North 
America,  is  dissolved,  and  that  the  State  of  South  Carolina 
has  resumed  her  position  among  the  nations  of  the  world, 
as  a  separate  and  independent  state,  with  full  power  to 
levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  do  all  other  acts  and  tilings  which  inde 
pendent  states  may  of  right  do. 

The  debate  on  the  adoption  of  these  papers 
discloses  some  interesting  facts,  and  is  sub 
joined. 

Upon  Mr.  Memminger's  declaration  being 
read,  Mr.  Furinan  and  Mr.  Inglis  raised  ques 
tions  as  to  the  accuracy  of  certain  statements, 
the  former  as  to  whether  New  Jersey  had,  as 
alleged,  voted  for  a  "  sectional  candidate,"  and 
the  latter  as  to  the  allegation  that  Pennsylvania 
had  on  her  statute-book  a  "  personal  liberty 
law." 

Mr.  INGLIS  said:  They  (Pennsylvania)  have  what 
they  call  a  law  to  prevent  kidnapping,  nearly  similar 
to  the  law  of  Virginia,  which  law,  owing  to  the  con 
dition  of  public  sentiment  in  Pennsylvania,  has  no 
doubt  been  perverted  to  this  purpose.  A  document 
of  this  kind,  and  proceeding  from  a  body  like  this, 
ought  to  be  exactly  accurate  in  its  statements.  I 
should  like  to  ask  the  Chairman  of  the  Committee 
if  he  lum  satisfied  himself  with  regard  to  the  fact  that 


SECESSION    MOVEMENT    DEVELOPED. 


1\ 


there  IB  any  such  law  as  this  on  the  statute-book  of  ;  tain  that  this  State  did  triumph  then.  Mr.  Clay  said 
Pennsylvania?  If  he  has,  why  then  I  am  satisfied.  before  the  nullification,  that  the  tariff' system  had 
Mr.  MEMMINGEK.  In  reply  to  the  gentleman  I  been  established  for  all  time.  After  the  nullification 
would  say  that  I  hold  in  my  hand  an  elaborate  report  j  ordinance  Mr.  Clay  said  that  that  ordinance  abol- 
made  on  this  point  by  a  Committee  of  the  Legisla-  ished  the  American  system,  and  that  the  State  had 
Lure  of  Virginia  in  which  the  laws  of  each  State  are  j  triumphed.  It  is  true  that  we  were  cheated  in  the 
professed  to  be  correctly  stated.  I  compromise.  The  tariff  is  not  (fie  question  which  has 

Mr.  INGLIS.     Will  the  gentleman  give  me  the  date  (  brought  us  up  to  our  prttent  attitude.    We  are  giving  a 
of  that  report?  j  list  of  the  causes  to  the  world — to   the  Southern 

Mr.  MEMMINOR.     It  was  made  at  the  last  session,  j  States.     Let  them  not  quarrel  with  us  now,  when  we 
January  26th,  1860.  j  are  brought  up  to  a  dissolution  of  the  Union,  by  the 

Mr.  INULIS.  To  what  law  do  they  refer?  for  Penn-  I  discussion  of  debatable  and  doctrinal  points.  The 
eylvania  has  lecently  revised  her  criminal  code,  and,  ,  Whig  party,  throughout  all  the  States,  have  been  pro 
tective  tariff  men,  and  they  cling  to  that  old  issue 
with  all  the  passion  incident  to  the  pride  of  human 
opinions.  Are  we  to  go  oft"  now,  when  other  South 
ern  States  are  bringing  their  people  up  to  the  true 
mark— are  we  to  go  off  on  debatable  and  doctrinal 
points'?  Are  we  to  go  back  to  the  consideration  of 
this  question,  of  this  great  controversy;  go  back  to 
that  party's  politics  around  which  so  many  passions 


I  understand,  has  omitted  some  portion  of  that  law 
Mr.  3IEMMINGER.     This  is  all  the  information  I 
have  on  the  subject.     It  confirms  what  is  stated  in 
the  report. 

Mr.  ENGLISH  read  from  DeBow's  Review  an  article 
fa  very  erroneous  one]  in  support  of  the  assertion 
contained  in  the  Declaration,  that  nearly  all  the  Free 
States  had  refused  to  sustain  the  Constitution. 


Mr.  MAXCY  GREGG.  The  gentleman  who  just 
resu  med  his  seat,  has  pointed  out  in  detail  the  various 
questions  referred  to  in  this  report.  He  has  shown 
that  things  have  been  said  there  which  ought  not  to 
to  have  been  said,  and  of  the  correctness  of  which 
we  have  not  sufficient  evidence.  But  my  objection  to 
the  paper  is  greater  than  this.  It  is  that,  as  a  State 
paper,  to  go  out  as  a  new  Declaration  of  Independ 
ence,  it  is  entirely  defective  and  imperfect.  It  pur 
ports  to  be  a  declaration  of  the  causes  which  justify 
the  Secession  of  South  Carolina  from  the  Federal 
Union.  The  causes  !  And  yet  in  all  this  declaration 
not  one  word  is  said  about  the  tariff,  which  for  so 
many  years  caused  a  contest  in  this  State  against  the 
Federal  Government.  Not  one  word  is  said  about 
the  violations  of  the  Constitution  in  expenditures 
not  authorized  by  that  instrument ;  but  the  main 
stress  is  laid  upon  an  incomparably  unimportant  point 
relative  to  fugitive  slaves,  and  the  laws  passed 
by  Northern  States  obstructing  the  recovery  of  fugi 
tive  slaves.  Mr.  President,  if  we  undertake  to  set 
forth  a  declaration  of  the  causes  which  justify  our 
Secession,  we  ought  to  publish  a  complete  document 
—a  document  which  might  vie  in  its  completeness 
with  that  which  was  adopted  in  1776— not  that  I  mean 
to  say  that  that  is  a  model  cause  !  that  would  be  to 
say  a  good  deal  too  much.  This  declaration  might 


cluster?  Names,  sir,  are  much.  Opinions,  preju 
diced  passions,  cluster  around  names.  Our  people 
have  come  up  to  this  great  act.  lam  willing  in  this 
issue  to  rest  disunion  upon  the  question  of  slavery.  It  is  tht 
f/reat  central  point  from  which  we  are  now  proceeding.  I 
believe,  sir,  that  the  reference  to  other  States  in  this 
address  is  all  correct.  The  gentleman  from  Chester 
field  says  that  a  certain  construction  of  one  act  of 
the  Pennsylvania  code  is  denied  by  the  citizens  of  that 
State.  I  myself  have  very  (treat  doubts  about  the  propriety 
of  the  fugitive  slave  law.  The  Constitution  was,  in  the 
first  place,  a  compact  between  the  several  States,  and 
in  the  second  a  treaty  between  the  sections  ;  and,  I 
believe  the  fugitive  slave  law  was  a  treaty  between 
sections.  It  was  the  act  of  sovereign  States  as  sec 
tions  ;  and  I  believe,  therefore,  and  have  very  great 
doubts  whether  it  ought  not  to  have  been  left  to  the 
execution  of  the  several  States,  and,  failing  of  en 
forcement,  I  believe  it  should  have  been  regarded  as 
a  C'tmi"  belli.  I  go  for  the  address  because  I  believe  it 
does  present  succinctly  and  conspicuously  what  are 
the  main  primary  causes. 

Mr.  GREGG.  If  this  address  was  to  be  a  declaration 
of  the  immediate  causes  which  produced  the  secession 
of  South  Carolina,  what  the  gentleman  had  said  might 
be  applicable,  but  its  title  does  not  say  so.  Another 
document  has  been  submitted  to  this  body  —  an  Ad 


dress  to  the  Southern  States.  This  is  inconsistent 
with  the  other.  In  the  latter  address  all  the  causes 
are  stated  in  full.  If  we  wish  to  find  the  immediate 


be  put  forth  by  gentlemen  who  had  no  objection  what 
ever  to  the  lavish  and  unconstitutional  expenditures 
which  have  been  made  by  the  Federal  Government 

for  forty  years  past.     This  is  not  the  sort  of  paper    cause  of  the  secession  of  South  Carolina,  the  immediate 
which,  in  my  opinion,  ought  to  go  forth  to  justify  |  cause  of  all  is  the  election  of  Lincoln. 
our   action.     A  correct    designation    of   this  paper        Mr-  INGLIS.  Will  the  gentleman  inform  us  whether 
would  be  a  declaration  of  some  of  the  causes  which    *ne  statutes  of  Virginia  do  not  contain  a  paragraph 
justify  the    secession  of  South   Carolina  from  the  I  relating  to  kidnapping,  precisely  similar  to  that  oi 
Federal  Union.  If  it  is  proper  to  set  forth  in  a  solemn  !  Pennsylvania? 
declaration  some  of  the  causes,  why  let  the  title  be  I      •*•  VOICE.  It  is  the  case  with  Georgia. 


altered,  and,  if  the  Convention  think  proper,  let  it 
go  forth  ;  but  if  we  undertake  to  set  forth  all  the 


Mr.  KEITT.  It  may  be  so,  sir,  but  I  do  not  know. 
Mr.  INGLIS.  I  say,  Mr.  President,  I  make  no  attack 


causes,  do  we  not  dishonor  the  memory  of  all  the  UPOQ  this  report ;  but  I  propose  to  amend  it  by  strik- 
etatesmen  of  South  Carolina,  now  departed,  who  j  *n&  ou*  *lie  word  "fifteen"  and  inserting  "many"  in- 
commenced  forty  years  ago  a  war  apainst  the.  tariff  j  stead  ;  and  then  to  strike  out  the  sentence  which  con 
tend  against  internal  improvement,  saying  nothing  of  the  i  tains  the  enumeration  of  States.  It  will  not  disturb 
United  S'aff*  Bank  and  other  measures  which  may  now  j  tne  order  to  omit  that. 

be  regarded  as  obsolete.  Many  of  the  acts  of  the  I  ^r-  DARGAN.  I  confess  my  difficulty  results  from 
non-slaveholding  States  obstructing  the  recovery  of  !  the  8ame  sources  as  the  gentleman  from  Richland 
fugitive  slaves  have  been  passed  since  1852 — I  think  '  ^e*  me  express  also  my  earnest  conviction  of  the- 
the  majority  of  them  ;  but  I  do  not  regard  it  as  a  matter  eminent  propriety  of  obtaining  a  concurrence  and 
of  ami  importance.  But  when  the  people  of  South  '  symmetry  in  the  declaration  of  the  causes  which  led 
Carolina,  eight  years  since,  declared  that  the  causes  to  the  secession  of  South  Carolina,  and  in  the  senti- 
then  existing  fully  justified  the  State  in  seceding,  did  mente  enunciated  in  the  Address  to  the  Southern 
they  confine  themselves  to  these  miserable  fugitive  States  ;  and  as  the  Address  to  the  Southern  States, 
slave  laws?  No!  Sir,  I  regard  it  as  unworthy  of  the  which  was  read  here  to-day,  was  made  the  special 
State  of  South  Carolina  to  send  forth  a  new  declara-  order  for  to-morrow,  I  move  that  this  document  be 
tion  now,  and  in  it  to  say  nothing  about  any  other  also  made  the  special  order  at  the  same  time  and  in 
cause  justifying  their  action  but  fugitive  slaves.  I  connection  with  that  subject. 

am  in  favor  of  laying  this  report  on  the  table,  or  re-  :  Mr-  MIDDLETON.  They  are  very  different  matters 
committing  it.  —the  one  an  address  to  the  Southern  people  and  the 

Mr.  KEITT.     I  agree  with  the  gentleman  that  the    other  an  address  to  the  world, 
power  of  taxation  is  the  central  power  of  all  Gov-        Mr-  DARGAN.  The  subject-matter  is  the  same, 
ernments.     If  you  put  that  into  my  hands,  I  do  not        The  PRESIDENT.  The  question  will  be  on  making 
care  what  the  form   of  Government  may  be,  I  will    the  report  of  the  Committee  declaring  Secession  the 
control  your  people  through  it.     But  that  is  not  the    special  order  for  one  o'clock  to-morrow,  in  connection 
question  in   this  address.     We  have-  instructed  the    with  the  report  of  the   Committee  on   Slaveholdine 


Committee  to  draw  up  a  statement  of  the  reasons 


Committee  on   Slaveholding 
States  upon  the  same  subject. 


which  influenced  us  in  the  present  case  in  our  with-        The  question  was  taken  and  the  motion  was  agreed 


drawal.     My  friend  ™////,  ,•;>•  that  sufficient  notice  has  not 
been  paid  to  the  tariff.     Your  late,  frnators  and  ever 
oj  your  members  of  the   " 


to. 


,  _, . ,„.        On   Monday,  December   24th,  1860,  the 

rw-  if  the  aentie.man  had  been  there  he  would  I  Convention  proceeded  to  consider  both  the 
the  tariff  did  agitate  wl!?OT  L^d'^i?  tt?f  i  Address  and  the  Declaration,  when  further 
State  against  the  Federal  Government.  And  I  main-  i  debate  ensued. 

2 


18 


SECESSION"   MOVEMENT    DEVELOPED. 


Many  verbal  amendments  having  been 
made  to  the  latter, 

Mr.  J.  J.  P  Smith  moved  to  adopt  the 
former  for  the  present,  and  table  the  latter. 

A  DELEGATE.  I  second  the  motion,  and  call  for  the 
previous  question. 

Mr.  Louis  WARDLAW.  I  trust  that  this  Convention 
is  not  going  to  act  hastily.  Whatever  is  done  should 
be  clone  well.  This  address  will  reach  no  one  of  the 
Southern  States  hefore  the  elections,  unless  it  be  the 
State  of  Georgia.  There  is,  therefore,  no  special 
heed  of  hurrying  the  reference.  There  is  not  one 
single  sentence  of  that  address  to  which  I  do  not 
heartily  subscribe.  It  is  an  able  and  admirable  expo 
sition  of  the  structure  of  our  Government  and  its 
general  operation.  And  yet  I  do  not  think  it  is  ex 
actly  that  which  an  address  to  our  Southern  sisters 
Should  be.  I  think  it  treats  too  much  upon  some  sub 
jects,  and  does  not  touch  others  that  are  very  im 
portant.  From  the  beginning  I  have  been  very 
anxious  that  these  two  papers  should  be  consistent 
one  with  the  other,  and  contain  all  those  matters 
which  we  confess  should  operate  either  upon  the 
opinion  of  the  Southern  people  or  the  opinion  of  the 
world.  Now,  sir,  my  objection  to  the  address  to  the 
Southern  people  is  that  it  does  not  dilate  as  it  should 
upon  matters  connected  with  the  immediate  cause  of 
our  secession,  but  on  matters  connected  with  slavery. 
My  objection  to  the  other  address  is,  that  it  dwells 
too  much  upon  those  fugitive  slave  laws  and  those 
personal  liberty  bills,  which  give  it  too  much  the  appear 
ance  of  special  pleading.  The  address  which  we  have 
under  consideration  does  not  set  off  to  the  Southern 
people,  as  it  should,  our  defenceless  condition.  Al 
ready  our  adversaries  have  the  House  of  Representa 
tives  ;  they  will  soon  have  the  Senate,  and  then  they 
can  make  the  Judiciary  what  they  please,  and  thus 
have  entire  power  over  the  Government.  It  does  not 
Bet  forth,  as  I  think  it  should,  that  the  election  of 
Lincoln  is,  in  fact,  an  edict  of  emancipation.  It  does 
not  set  forth  what  would  be  the  deleterious  effects  of 
emancipation  ;  that  emancipation  would  be  destruc 
tion  to  the  blacks  and  degradation  to  the  whites. 
Nor  does  this  address  set  forth  the  shameless  hypo 
crisy  of  the  North,  who,  whilst  they  cry  out  against 
what  they  call  the  sin  of  slavery,  do  not  choose  to 
relieve  themselves  of  that  which  they  assert  is  an 
evil  by  withdrawing  from  the  Confederacy.  When 
these  addresses  go  forth,  they  go  forth  as  solemn 
State  papers,  by  which  we  must  be  able  to  stand. 
For  this  reason,  every  word  should  be  most  carefully 
considered,  and  nothing  superfluous  shonld  be  con 
tained  in  them  ;  nothing  important  should  be  omitted. 

Mr.  MEMMINGER  next  took  the  floor  and  defended 
the  address  to  the  nations  of  the  world,  which  was 
reported  by  himself.  After  reciting  its  points  and 
the  principles  it  enunciated,  he  said  :  We  show  by 
law  of  compact  that  we  are  entitled  to  leave  this 
Government.  My  friend  from  Abbeville  says,  in  this 
regard,  he  does  not  exactly  approve  this  document. 
Allow  me  to  say  to  the  honorable  gentlemen  that 
when  you  take  the  position  that  you  have  a  right  to 
break  your  faith,  to  destroy  an  agreement  which  you 
have  made,  to  tear  off  your  seal  from  the  document 
to  which  it  is  affixed,  you  are  bound  to  justify  your 
self  fully  to  all  the  nations  of  the  world  ;  for  there  is 
nothing  that  casts  such  a  stain  upon  the  escutcheon 
of  a  nation  as  a  breach  of  faith.  Therefore  the  docu 
ment  shows  fully  that  both  in  measure  and  in  spirit 
our  co-States  have  broken  the  Constitution  and  the 
Union.  Not  only  in  letter  has  this  been  done,  but 
also  in  spirit.  The  common  agent  which  should  have 
acted  for  our  common  good  has  been  converted  into 
an  instrument  for  our  destruction.  And  now  as  a 
consummating  act  a  section  u  i  resident  has  been 
elected,  whose  chief  recommendation  was  that  he  de 
sires  to  see  slavery  abolished.  The  great  objection 
that  we  raise  is  not  to  Abraham  Lincoln  himself,  but 
because  he  is  the  representative  of  a  hostile  opinion, 
destructfve  of  every  interest  of  the  South. 

Mr.  RHETT  next  spoke  in  explanation  of  the  Ad 
dress  to  the  Southern  States,  which  was  reported  by 
himself.  This  committee,  he  said,  determined  that, 
whilst  setting  forth  the  immediate  cause  which  in 
duced  South  Carolina  to  secede,  it  was  not  improper 
to  go  into  previous  causes  which  led  to  that  result. 
The  secession  of  South  Carolina  is  not  an  event  of  a  day. 
It  is  not  any  tinny  produced  by  Mr.  Lhicoln's  election,  or 
b>j  the  non-e.recution  of  the  fugitive  nlave  law.  It  has  been 
a  matter  which  has  been  gathering  head  for  thirty  years. 
The  election  of  Lincoln  and  Harnlin  was  the  last 
straw  on  the  back  of  the  camel.  But  it  was  not  the 


only  one.    The  back  was  nearly  broken  before.    Thp 
I  point  upon  which  I  differ  from  my  friend  is  this  :  He 
says  he  thought  it  expedient  for  us  to  put  this  great 
question  before  all  the  world  upon  this  simple  matter 
i  of  wrongs  on  the  question  of  slavery,  and  that  ques 
tion  turned  upon  the  fugitive  slave  law.     Now,  in  r*- 
'  gard  to  the  fugitive  slave  law,  I  myself  doubt  its  consti- 
1  tutionality.  and  I  doubted  it  on  the  floor  of  the  Senate, 
when   I   was   a   member  of  that   body.     The  States, 
acting  in  their  sovereign  capacity,  should  be  respon- 
,  sible  for  the  renditio       «  fugitive  slaves.     That  waa 
,  our  best  security.     This  report  has  proceeded  upon 
the  elaborate  discussion  of  a  constitutional  question, 
about  which  the  very  ablest  men  in  this  State  have 
doubted.     When  we  go  before  the  world,  if  we  put  it 
upon  mere  matter  of  this  kind,  we  do  not  do  justice 
to  our  cause.     Sir,  to  whom  are  we  to  speak?     Ig  it 
simply  to  the  North?     We  are  about  to  sunder  our 
relations  with  that  section,  and  I  trust  forever.     Our 
I  treaties,  I  suppose,  will  be  with  the  nations  of  Eu 
rope.     Do  you  suppose  the  nations  of  Europe  will 
i  have  any  sympathy  with  us,  or  confidence,  or  affec- 
i  tion,  because  of  the  violation  of  the  fugitive  slave 
i  law?    Germany,  and  France,  and  England,  what  do 
they  all  say?     Sir,  in  setting  up  our  independence  we 
are  not  to  narrow  it  down  simply  to  the  question  of 
slavery.      We    do    not    do  ourselves   justice.      The 
;  aggression    upon  slavery  is  the  last  consequence    of 
a  great  cause,  and  that  great  cau*e  is  the  dissolution 
of  the  Constitution  of  the  United  States  by  the  agents 
!  of  the  North.     It  is  that  which  led  them  to  the  ag- 
i  gressions  upon  the  taxing  power.     It  is  that  which 
led  to  the  aggressions  upon  the  appropriation  power. 
i  It  is  that  which  led  to  the  aggressions  on  slavery  in 
i  the  District  of  Columbia.     And  now  the  great  cause 
i  is,  that  we  do  not  live  in  a  free  Government. 

Mr.    MEMMINGER.  The  gentleman    who    has  just 

|  taken  his  seat  is  not  as  familiar  with  this  document 

i  as  I  am,  or  he  would  have  been  saved  the  necessity 

of  a  good  deal  he  has  said.     I  entirely  concur  in  the 

opinion  that  the  Constitution  of  the  United  States 

requires  the  rendition  of  slaves  by  the  States  and  not 

,  by  the  General  Government ;  and  if  any  one  will  read 

this  report  he  will  perceive  that  that  is  precisely  th* 

i  ground  upon  which  it  proceeds.     We  there  complain 

i  that  the  States  have  not  fulfilled  their  constitutional 

obligations— not  that  the    Federal   Government  has 

not  done  its  duty.     We  there  complain  that  when 

!  the  Federal  Government  undertakes  to  do  that  which 

the  States  had  obligated  themselves  to  do,  they  inter- 

,  fere  to  prevent  its  faithful  execution. 

1      Judge  WITHERS  said  :  I  have  not  much  to  say  to  this 

I  Convention,  but  the  first  thing  which  I  desire"  to  sub- 

I  mit  to  them  is  this  :  that  the  addresses  which  are  now 

i  upon  your  table,  and  which  are  the  subject-matter  of 

,'  a  motion  for  further  reference  to  the  two  committees 

I  reporting  them,  are,  in  my  understanding,  diplomatic 

!  papers.     I  profess  not  to  be  much  of  a  diplomat  my- 

!  self,  yet  I  profess  to  have  a  desire  that  tiiis  Conven- 

•  tion  shall  confine  itself  to  the  object  which  it  pre- 

I  scribes  to  itself. 

What  is  the  object  of  the  Address  to  the  Southern 
;  People?  Is  it  not  to  conciliate  the  Southern  States 
!  towards  the  purposes  of  a  Southern  Confederacy  ; 
i  and,  as  far  as  we  can,  to  persuade  them  to  enter  in'to 
a  compact  with  South  Carolina?  Is  that  the  object 
i  of  the  Address  to  the  Slaveholding  States  ?  If  not, 
!  why  should  it  be  issued? 

It  is  said  in  the  discussion  that  the  Address  to  the 
i  Slaveholding  States  should  descant  upon  the  taxing 
!  power  and  the  power  to  lay  duties  upon  imports,  as 
j  well  as  the  expenditures  of  money  in  undue  proper- 
j  tion  upon  the  part  of  the  Federal  Government  among 
'  the  Free  States,  as  matters  of  grievances  of  the 
I  greatest  importance  ;  that  such  topics  ought  to  be 
i  found  in  this  paper  setting  forth  the  causes  of  Secea- 
j  sion.  Well,  in  an  Address  to  the  People  of  the  Slave- 
i  holding  States  is  it  expedient  to  dwell  and  insist 
upon  a  topic  which  will  not  find  favor  with  all  the 
j  Southern  States  ?  I  submit  to  the  experience  of  the 
'  able  gentleman  who  prepared  that  address  to  say 
whether,  if  we  declared  that  we  separated  from  the 
|  Confederacy  because  of  the  tariff  of  protection  to 
domestic  manufactures,  he  will  find  that,  be  it  ever 
!  so  true,  a  sentiment  corresponding  to  public  opinion 
I  in  Louisiana,  Missouri,  or  Kentucky? 

All  this  matter  of  the  tariff  has  been  enacted  while 

j  the  Confederacy  existed,  and  with  South  Carolina  as 

a  party  to  the  transaction.     When  it  begun  in  1816. 

who  was  it  voted  for  a  tariff  highly  protective  to 

domestic  manufactures?     Did    not  that    great  man 

j  whom  we  all  reverence,  both  living  andde:ul — I  mean 

i  Mr.  Calhoun— vote  for  this  measure?     Did  not  the 

Representative  in  the  House  from  the  Congressional 


SECESSION    MOVEMENT    DEVELOPED. 


19 


<listrict  including  Richland  vote  for  the  tariff  of  1816?  Has 
there  over  been  a  tiuie  when  Louisiana,  Missouri,  and 
Kentucky  were  not  in  favor  of  a  protective  tariff;  not  only 
for  protection  of  domestic  manufactures,  l/n:  lor  protection 
on  the  products  of  sugar  and  hemp?  Are  you  sure  they 
will  join  you  in  saying  they  should  dissolve  the  Union  on 
account  of  the  existing  tariff  giving  protection  to  domestic 
manufactures?  "i^ou  believe,  and  so  do  I,  that  there  has 
been  a  perversion  of  the  Constitution  in  relation  to  im 
posts  for  the  purpose  of  protection  to  domestic  manufac 
tures.  I  kno\v  of  no  time,  from  the  period  of  my  entering 
college  in  1823,  that  I  did  not  believe  it  was  a  bold  and 
daring  invasion  of  the  Constitution  of  the  United  States. 
Undoubtedly  this  is  my  opinion,  undoubtedly  this  is  the 
opinion  of  South  Carolina.  Then  if  I  had  to  draw  these 
papers,  if  I  should  present  my  views  and  opinions  in  a 
common  address  to  the  Slaveholdiug  States,  I  should  sug 
gest  the  propriety  of  leaving  out  all  topics  of  that  descrip 
tion,  when  I  believe  that  three  of  these  States  differ  in 
SfUtiment  with  South  Carolina.  It  appears  to  me,  there 
fore,  we  have  not  exactly  hit  upon  the  matter  which  is  the 
most  expedient  and  proper  in  an  Address  to  the  People  of 
the  Slaveholding  States.  It  is  a  diplomatic  document.  I 
shall  vote  for  it.  But  at  the  same  time  I  do  not  think  as  a 
diplomatic  paper,  that  with  respect  to  the  levying  of  duties 
ou  imports,  it  is  likely  to  find  favor  with  all  our  slaveholding 
fri-nds  for  whom  this  tariff  was  designed  as  well  aa  for  the 
North. 

In  regard  to  expenditures  by  the  Federal  Govern 
ment  of  its  income,  we  all  know  very  well  that  the  great 
bulk  has  gone  within  the  Northern  States— that  there  have 
been,  on  the  part  of  the  Federal  Government,  favorite 
States. 

When  we  complain  in  the  aggregate,  or  in  general  terms, 
when  we  say  that  the  grievances  of  South  Carolina  are 
found  in  the  fact  that  the  Treasury  has  been  depleted  by 
illegal  means,  and  in  undue  proportion  administered  to  the 
North,  I  question  whether  we  are  quite  safe  in  alleging 
that  as  a  grievance  of  South  Carolina,  without  qualifica 
tion.  There  has  been  an  unfaithful  execution  of  the  Con 
stitution  on  the  part  of  its  own  general  agent  in  that 
respect.  But  let  us  not  forget  to  confess  the  truth  under 
any  and  all  circumstances.  What  have  we  ourselves  bet  n 
doing?  And  in  the  city  of  Charleston,  too,  where  have 
you  bought  your  supplies,  and  with  whom  do  you  trade? 
Where  has  the  great  surplus  of  your  money  been  necessa 
rily  spent?  Where  has  it  gone  to?  Has  it  not  gone  to 
these  people  who  have  received  the  Federal  money  ?  Gov 
ernment  and  individuals  have  sought  the  same  market. 
Why?  Because  nobody  else  could  furnish  the  articles 
eato  wanted.  Can  you  say,  therefore,  that  the  Federal 
Government  is  to  be  blamed  for  spending  a  large  amount 
of  money  in  the  non-slaveholding  States?  Where  was  the 
Federal  Government  obliged  to  get  its  necessary  support 
fur  the  army  and  navy  ?  Where  could  the  Federal  Govern 
ment  fill  up  the  ranks  of  its  army  and  navy?  Will  you 
not  allow  the  Government  to  buy  of  its  own  citizens,  as  we 
have  all  done  ?  If  by  the  cunning  of  these  men  in  the 
nou-slaveholding  States  they  have  been  able  to  present  to 
the  Government  inducements  to  obtain  their  supplies,  can 
we  complain  ?  Where  else  could  they  have  been  procured  ? 
So  far,  the  Government  has  been  obliged  to  spend  its 
money  among  the  people  of  the  North  and  Northwest  for 
bacon,  lard,  and  all  the  supplies  of  the  army  and  navy.  I 
eubmit  these  views  for  the  purpose  of  drawing  the  atten 
tion  of  the  Convention  to  the  fact  that  we  may  go  too  far 
in  this  document,  and  use  assertions  too  strong. 

In  respect  to  the  argument  of  the  fugitive  slave  law,  I 
concur  lully.  I  heard  something  said  here  questioning  the 
Constitutionality  of  the  fugitive  slave  law,  as  it  is  called. 
This  is  a  difficult  question.  In  the  case  of  Prigg  and  the 
Commonwealth  of  Pennsylvania,  all  the  Judges  of  the 
United  States  Court  but  two  declared  that  Congress,  and 
Congress  alone,  could  provide  legislation  to  execute  the 
lourth  article  of  the  Constitution  of  the  United  States . 
Immediately  after  that  decision  the  astute  Legislatures  of 
the  New  England  States  seized  upon  that  decision  and 
passed  their  liberty  laws,  invoking  the  doctrine  announced 
in  the  case  of  Prigg  vs.  the  Commonwealth  of  Pennsyl 
vania.  Could  any  man  say  that  South  Carolina  should 
separate  from  the  United  States  in  consequence  of  the  Con- 
fcT-jssof  the  United  States  passing  such  a  law?  A  like 
law  was  passed  in  1793.  Did  our  people  object  to  it  then  ? 
1  confess  I  have  a  reverence  for  antiquity.  I  profess  to 
have  a  veneration  of  the  men  of  1793— Christopher  Gads- 
den,  John  llutledge,  the  Pinckneys,  and  others.  I  profess 
to  believe  that  they  were  as  patriotic  as  I  profess  to  be.  If 
we  made  no  objection  at  that  time  to  the  power  of  Conirrcss 
to  pass  a  fugitive  slave  law,  under  the  fourth  article  of  the 
Constitution  of  the  United  States,  I  hold  it  would  be  unsafe  , 
for  the  Convention  of  South  Carolina  to  say  that  that  is  | 


a  cause  for  which  she  separates  from  the  United  States. 
It  was  a  matter,  as  long  ago  as  1643,  of  stipulation  be 
tween  Massachusetts,  Rhode  Island,  and  another  colony, 
that  they  should  deliver  each  other's  fugitive  slaves.  It 
was  a  matter  between  the  colonies  that  each  colony  should 
deliver  fugitives.  As  long  ago  as  that  period  Congress  did 
exercise  this  power,  and  we  did  acquiesce  and  never  voted 
against  it. 

If  I  were  to  stand  here  and  declare  the  various  causes 
which  led  me  to  subscribe  my  name  to  the  Act  of  Secession, 
I  should  insist  on  some  other  considerations  besides  those 
suggested  by  this  address.  I  would  have  said  that  when  a 
citi/en  of  Maryland  went  to  Pennsylvania  to  recover  his 
fugitive  under  an  act  of  Congress  they  murdered  him,  and 
his  murderer*  escaped  from  justice  in  the  court  of  Penn 
sylvania.  Then  was  the  time  for  Maryland  to  have  de 
manded  justice  under  the  compact.  It  was  then  I  would 
have  stood  up  for  the  rights  of  that  slaveholder.  If  I 
chose  further  to  afflict  this  Convention  I  could  bring  before 
them  a  long  catalogue  of  grievances.  I  think  if  every 
member  of  the  Convention  should  draw  up  an  indictment 
against  the  people  of  the  unfaithful  confederate  States,  and 
you  might  have  any  number  of  addresses  upon  that  subject, 
you  would  probably  find  no  two  very  nearly  alike.  Since, 
therefore,  everyone's  taste  and  judgment  cannot  be  an 
swered,  if  there  be  no  substantial  objection  to  the  addresses 
before  us,  as  I  think  there  is  not,  it  is  proper  to  vote  for 
them,  and  I  ahall  do  so. 

The  papers  were  both  adopted. 

A  third  report  was  made  to  the  Convention 
by  Judge  Withers  froui  the  Committee  on  Re 
lations  with  the  Slaveholding  States  of  North 
America,  which  should  be  included,  to  make 
the  catalogue  complete  : 

The  committee  on  "relations  with  the  slaveholding 
states  of  North  America,"  beg  leave  to  report  that  they 
have  carefully  considered  the  three  several  propositions  con 
tained  in  the  resolutions  referred  to  them,  which  were  sub 
mitted  in  convention  by  three  several  members  from  St. 
Phillip's  and  St.  Michael's.  All  the  resolutions  referred  to 
the  committee  look  to  the  purpose  of  confederate  relations 
with  our  sister  states  of  the  South,  having  common  interests 
with  us,  and  every  cause,  as  wo  trust,  to  indulge  towards 
us  common  sympathies  and  to  contract  cordial  relations. 
In  such  a  purpose  the  committee  entirely  and  unanimously 
concur,  and  they  recommend  that  every  proper  measure  be 
adopted  to  accomplish  such  an  end.  Upon  this  subject  so 
much  unanimity  prevails,  and  has  long  prevailed  in  this 
state,  that  an  argument  thereupon  would  be  wholly  su 
perfluous.  All  seem  to  agree  that  the  first  step  proper  to 
bo  taken  for  the  purpose  of  promoting  and  securing  the 
confederation  we  seek,  is  the  appointment  of  commission 
ers,  by  the  authority  of  this  convention,  to  such  states  of 
the  South  as  may  call  conventions  to  consider  and  deter 
mine  their  future  political  relations. 

The  committee  advise  that  such  steps  be  taken  by  this 
convention,  hoping  and  believing  that  oifr  sister  states  of 
the  South  will  correctly  interpret  our  action  in  taking  the 
initiative  as  arising,  by  no  means,  from  any  presumptuous 
arrogance,  but  from  the  advance  position  which  circum 
stances  have  given  to  this  state  in  the  line  of  procedure  for 
the  great  design  of  maintaining  the  rights,  the  secui'ity 
and  the  very  existence  of  the  slaveholding  South. 

It  has  been  a  subject  of  anxious  consideration  with 
the  committee  whether  the  commissioners,  whose  appoint 
ment  they  recommend,  should  be  instructed  to  tender  any 
basis  of  a  temporary  or  pi-ovisional  government  to  the 
states  to  which  they  may  be  accredited. 

The  instrument  called  the  constitution  of  the  United 
States  of  America,  has  been  suggested  as  a  suitable  and 
proper  basis  to  be  offered  for  a  provisional  government. 

The  suggestion  has  been  commended  to  the  committee 
by  various  considerations,  which  cannot  now  be  set  forth 
in  full  or  at  large.  Among  these  are  : 

That  the  said  instrument  was  the  work  of  minds  of  the 
first  order,  in  strength  and  accomplishment. 

That  it  was  most  carefully  constructed  by  comprehensive 
views  and  careful  examinations  of  details. 

That  experience  has  proved  it  to  be  a  good  form  of  gov 
ernment  for  those  sufficiently  virtuous,  intelligent  and 
patriotic  to  cause  it  to  be  fairly  and  honestly  construed 
and  impartially  administered. 

That  the  settled  opinion  of  this  state  has  never  been  ad 
verse  to  that  plan  of  government  of  confederated  states,  on 
account  of  anything  in  its  structure;  but  the  dissatisfaction 
is  attributable  to  the  false  glosses,  and  dangerous  misinter 
pretation,  and  perversion  of  sundry  of  its  provisions,  eveu. 

~*~In  1847. 


20 


SEC£bSION   MOVEMENT   DEVELOPED. 


to  the  extent,  in  one  particular,  of  so  covering  up  the  real  ]  ernment  for  such  states,  which  proposed  plan  shall  be 
purposes  of  certain  legislation,  (meant  to  protect  domestic  I  referred  back  to  the  several  state  conventions  for  their 
manufactures  in  one  section),  as  to  estop  the  supreme  court  i  adoption  or  rejection. 

Fourth.    That  eight  deputies  shall  be  elected  by  ballot 
by  this  convention,  who  shall  be  authorized 


in  its  opinion,  from  judicially  perceiving  the  real  deoign. 
That  it  presents  a  complete  scheme  of  eonfeder.ition.  ca 
pable  of  being  speedily  put  into  operation;  familiar  by 
long  acquaintance  with  its  provisions,  and  their  true  import 
to  the  people  of  the  South,  many  of  whom  are  believed  to 
cherish  a  degree  of  veneration  for  it.  and  would  feel  safe 
under  it,  when  in  their  own  hands,  for  interpretation  and 
administration,  especially  as  the  portions  that  havu  been, 
by  perversion,  made  potent  for  mischief  and  oppression  in 
the  hands  of  adverse  and  inimical  interests,  have  received 
a  settled  construction  by  the  South.  That  a  speedy  con 
federation  by  the  South  is  desirable  in  the  highest  degree, 
which,  it  is  supposed,  must  be  temporary  at  first,  (if  ac 
complished  as  soon  as  it  should  be  j,  and  no  better  basis 
than  the  constitution  of  the  United  States  is  likely  to  be 
suggested  or  adopted  for  temporary  purposes. 

That  the  opinions  of  those  to  whom  it  is  designed  to 
offer  it,  would  be  conciliated  by  the  testimony  the  very  act 
itself  would  carry,  that  South  Carolina  meant  to  seek  no 
selfish  advantage,  nor  to  indulge  the  least  spirit  of  dictation. 
That  such  form  of  government  is  more  or  less  known  to 
Europe,  and,  if  adopted,  would  indicate  abroad  that  the 
seceding  southern  states  had  the  foresight  and  energy  to 
put  into  operation  forthwith,  a  scheme  of  government  and 
administration  competent  to  product"  a  prompt  organiza 
tion  for  internal  necessities,  and  a  sufficient  protection  of 
foreign  commerce  directed  hither,  as  well  as  to  guarantee 
foreign  powers  in  the  confidence  that  a  new  confederacy 
had  immediately  arisen,  quite  adequate  to  supercede  all  the 
evils,  internal  and  external,  of  a  partial  or  total  inter 
regnum. 

That  its*  speedy  adoption  would  work  happily  as  a  reviv 
ifying  agency  in  matters  financial  and  commercial  between 
the  states  adopting  it,  and  between  them  as  a  united  power 
and  foreign  commercial  nations,  and  at  the  same  time 
would  combine,  without  delay,  a  power  touching  purso  and 
sword,  that  might  bring  to  a  prudent  issue  the  reflections 
of  those  who  may  perchance  be  contemplating  an  invasion, 
or  to  au  issue  disastrous  to  them,  the  attempted  execution 
of  such  unholy  design. 

Such  are  some  of  the  considerations,  very  rapidly  stated, 
which  address  themselves  to  this  subject.  It  is  contended 
that  some  limitation  of  the  power  to  levy  duties,  and  that 
to  regulate  commerce,  (and  perhaps  other  provisions  of  the 
said  constitution),  may  be  desirable,  and  are  in  fact  so,  to 
some  of  the  committee,  yet  these  modifications  may  be 
safely  left  to  a  period  when  the  articles  of  a  permanent 
government  may  bo  settled,  and  that,  meantime,  the  con 
stitution  referred  to  will  serve  the  purpose  of  a  temporary 
confederation,  which  the  committee  unite  in  believing 
ought  to  be  sought,  through  all  proper  measures,  most 
earnestly. 

It  is  also  submitted,  that  if  the  tender  of  tho  said  con 
stitution,  even  as  a  provisional  government,  should,  in  the 
opinion  of  the  convention,  be  accompanied  by  a  condition 
that  it  be  subject  to  specific  limitations,  expositions  of 
ambiguities,  or  modifications,  the  committee  would  re 
spectfully  refer  to  the  convention  itself  such  matters;  and 
this  is  done,  not  because  the  committee  would  not  willing 
ly  consider  and  report  upon  such  subject,  but  because 
they  deem  it  due  to  the  convention  and  the  public  interest 
that  they  should  now  lay  before  the  convention  the  reso 
lutions,  which  the  majority  of  the  committee  recommend 
to  the  convention  as  lit  to  "bo  adopted,  viz  : 

Itfisolved,  First.  That  this  convention  do  appoint  a  com 
missioner  to  proceed  to  each  of  tho  slaveholding  states  that 
may  assemble  in  convention,  for  the  purpose  of  laying 
our  ordinance  of  secession  before  the  same,  and  respectfully 
inviting  their  co-operation  in  the  formation  with  us  of  a 
southern  coniederacy. 

Second.  That  our  commissioners  aforesaid,  be  further 
authorized  to  submit,  on  our  part,  the  federal  constitution, 
as  the  basis  of  a  provisional  government  for  such  states  as 
shall  have  Avithdrawn  from  their  connection  with  the  gov 
ernment  of  the  United  States  of  America  :  Provided,  That 
the  said  provisional  government,  and  the  tenures  of  all 
officers  and  appointments  arising  under  it,  shall  cease  and 
determine  in  two  years  from  the  1st  day  of  July  next,  or 
when  a  permanent  government  shall  have  been  organized. 
Third.  That  the  saKl  commissioners  be  authorized  to  in 
vite  the  seceding  states  to  meet  in  convention,  at  such  time 
and  place  as  may  be  agreed  upon,  for  the  purpose  of  form 
ing  and  putting  in  motion  such  provisional  government, 
and  so  that  the  said  provisional  government  shall  be  orga 
nized  arid  go  into  effect  at  the  earliest  period  previous  to 
the  4th  day  of  March,  1861,  and  that  the  same  convention 
of  seceded  states  shall  proceed  forthwith  to  consider  and 
propose  a  constitution  and  plan  for  a  permanent  gov- 


in'-,  t 

convention  such  deputies  as  may  be  appointed  by  th"  other 
slaveholding  states  who  may  secede  from  the  Federal  Union, 
for  the  purpose  of  carrying  into  effect  the  foregoing  reso 
lutions  ;  and  that  it  be  recommended  to  the  said  states 
that  each  state  be  entitled  to  one  vote  in  the  said  conven 
tion,  upon  all  questions  which  may  be  voted  upon  therein  ; 
and  that  each  state  send  as  many  deputies  as  are  equal  in 
number  to  the  number  of  senators  and  representatives  to 
which  it  was  entitled  in  the  Congress  of  the  United  States. 

On  the  question  of  sending  copies  of  the 
Ordinance  and  the  accompanying  Declara 
tion  of  Causes  and  the  Address,  to  the  Gov 
ernors  of  the  slaveholding  States,  there  was 
a  debate,  in  which  Mr.  Davgau  urged  the  pro* 
priety  of  notifying  the  authorities  of  all  the 
States,  which  being  objected  to, 

Mr.  Dargan  said :  A  statement  of  the  rea 
sons  is  required,  as  well  as  the  Ordinance  of 
Secession.  Courtesy  to  our  late  Confederates, 
whether  enemies  or  not,  calls  for  the  reasons 
that  have  actuated  us.  It  is  not  true,  in 
point  of  fact,  that  all  the  Northern  people  are 
hostile  to  the  rights  of  the  South.  We  have 
a  Spartan  band  in  every  Northern  State.  It  it 
due  to  them  they  should  know  the  reasons  which 
influence  us.  According  to  our  apprehensions 
the  necessity  which  exists  for  our  immediate 
withdrawal  from  association  with  the  North 
ern  States  is  that  this  hostile  Abolition  party 
have  the  control  of  the  Government,  and  there 
is  no  hope  of  rediess  for  our  grievances. 

Speech  of  Alexander    H.   Stephens, 
November  14th,  1860. 

As  against  these  allegations,  we  insert  the 
speech  of  Hon.  ALEXANDER  H.  STEPHENS  of 
Georgia,  before  the  Legislature  of  Georgia. 
November  14th,  1860,  and  an  extract  from 
his  speech  in  the  Convention  of  Georgia,  of 
January,  1861: 

Fellow-Citi/ens : — I  appear  before  you  to-night,  at  the 
request  of  members  of  the  Legislature  and  others,  to 
speak  of  matters  of  the  deepest  interest  that  can  possibly 
concern  us  all  of  an  earthly  character.  There  is  nothing — 
no  question  or  subject  connected  with  this  life — that  con 
cerns  a  free  people  so  intimately  as  that  of  the  government 
under  which  they  live.  We  are  now,  indeed,  surrounded 
by  evils.  Never,  since  I  entered  upon  the  public  stage, 
has  the  country  been  so  environed  with  difficulties  and 
dangers  that  threatened  the  public  peace,  and  the  very 
existence  of  society,  as  now.  I  do  not  now  appear  IM-H.IV 
you  at  my  own  instance.  It  is  not  to  gratify  a  desire  of 
my  own  that  I  am  here.  Had  I  consulted  my  own  ease 
and  pleasure  1  should  not  be  before  you;  but,  believing 
that  it  is  the  duty  of  every  good  citizen  to  give  his 
counsels  and  views  whenever  the  country  is  in  danger, 
as  to  the  best  policy  to  be  pursued,  I  am  here.  For  these 
reasons,  and  these  only,  do  I  bespeak  a  calm,  patient  and 
attentive  hearing. 

My  object  is  not  to  stir  up  strife,  but  to  allay  it ;  not  to 
appeal  to  your  passions,  but  to  your  reason.  Good  govern 
ments  can  never  be  built  up  or  sustained  by  the  impulse  of 
pas*ion.  I  wish  to  address  myself  to  your  good  sense,  to 
your  good  judgment,  and  if,  after  hearing,  you  disagree,  let 
us  agree  to  disagree,  and  part  as  we  met,  friends.  We  all 
have  the  same  object,  the  same  interest.  That  people 
should  disagree,  in  republican  governments,  upon  ques 
tions  of  public  policy,  is  natural.  That  men  should 
disagree,  upon  all  matters  connected  with  human  investi 
gation,  whether  relating  to  science  or  human  conduct,  is 
natural.  Hence,  in  free  governments,  parties  will  arise. 
l>ut  a  free  people  should  express  their  different  opinions 
with  liberality  and  charity,  with  no  acrimony  toward 
those  of  their  fellows  when  honestly  and  sincerely  given. 
These  are  my  feelings  to-night. 


SECESSION   MOVEMENT   DEVELOPED. 


21 


Lot  as.  therefore,  reason  together.  It  is  not  my  purpose 
to  say  aught  to  wound  the  feelings  of  any  individual  who 
nmy  be  present ;  and  if,  in  the  ardency  with  which  I  ahull 
express  my  opinions,  I  shall  say  any  thing  which  may  be 
deemed  too  strong,  let  it  be  set  down  to  the  zeal  with  which 
I  advocate  my  own  convictions.  There  is  with  me  no  inten 
tion  to  irritate  or  offend. 

The  first  question  that  presents  itself  is,  shall  the  people 
of  the  South  secede  from  the  Union  in  consequence  of  the 
election  of  Mr.  Lincoln  to  the  Presidency  of  the  United  '. 
States  ?  My  countrymen,/  tell  you  frankly,  candidly  a  nd  ear-  \ 
nestly,  that  I  do  not  think  that  they  ought.  In  my  judgment 
the  election  of  no  man,  constitutionally  chosen  to  that  high 
office,  is  sufficient  cause  for  any  State  to  separate  from  the 
Union.  It  ought  to  stand  by  and  aid  still  in  maintaining 
the  Constitution  and  the  country.  To  make  a  point  of  re 
sistance  to  the  government,  to  withdraw  from  it  because  a 
man  has  been  constitutionally  elected,  puts  us  in  the  wrong. 
We  are  pledged  to  maintain  the  Constitution.  Many  of  us 
have  sworn  to  support  it.  Can  we,  therefore,  for  the  mere 
election  of  a  man  to  the  Presidency,  and  that  too  in  accord 
ance  with  the  prescribed  forms  of  the  Constitution,  make  a 
point  of  resistance  to  the  government  without  becoming 
the  breakers  of  that  sacred  instrument  ourselves — with 
draw  ourselves  from  it?  Would  we  not  be  in  the  wrong? 
Whatever  fate  is  to  befall  this  country,  let  it  never  be  laid 
to  the  charge  of  the  people  of  the  South,  and  especially  to 
the  people  of  Georgia,  that  we  were  untrue  to  our  national 
engagements.  Let  the  fault  and  the  wrong  rest  upon  others. 
If  all  our  hopes  are  to  be  blasted,  if  the  Republic  is  to  go 
<lown,  let  us  be  found  to  the  last  moment  standing  on  the 
deck,  with  the  Constitution  of  the  United  States  waving 
over  our  heads.  Let  the  fanatics  of  the  North  break  the 
Constitution,  if  such  is  their  fell  purpose.  Let  the  respon 
sibility  be  upon  them.  I  shall  speak  presently  more  of 
their  acts  ;  but  let  not  the  South — let  us  not  be  the  ones  to 
commit  the  aggression.  We  went  into  the  election  with 
this  people.  The  result  was  different  from  what  we  wished ; 
but  the  election  has  been  constitutionally  held.  Were  we 
to  make  a  point  of  resistance  to  the  Government  and  go  out 
of  the  Union  on  that  account,  the  record  would  be  made  up 
itereafter  against  us. 

But  it  is  said  Mr.  Lincoln's  policy  and  principles  are 
against  the  Constitution,  and  that  if  he  carries  them  out  it 
will  be  destructive  of  our  rights.  Let  us  not  anticipate 
a  threatened  evil.  If  he  violates  the  Constitution,  then 
will  come  our  time  to  act.  Do  not  let  us  break  it  because, 
forsooth,  he  may.  If  he  does,  that  is  the  time  for  us  to 
strike.  I  think  it  would  be  it) judicious  and  unwise  to  do 
this  sooner.  I  do  not  anticipi-i-  that  Mr.  Lincoln  will  do 
any  thing  to  jeopard  our  safety  <»r  security,  whatever  may 
l»e  his  spirit  to  do  it;  for  he  is  bound  by  the  constitutional 
checks  which  are  thrown  around  him,  which  at  this  time 
render  him  powerless  to  do  any  great  mischief.  This  shows 
the  wisdom  of  our  system.  The  President  of  the  United 
States  is  no  Emperor,  no  dictator — he  is  clothed  with  no 
absolute  power.  He  can  do  nothing  unless  he  is  backed  by 
power  in  Congress.  The  House  of  Representatives  is 
largely  in  the  majority  against  him. 

In  the  Senate  he  will  also  be  powerless.  There  will  be  a 
majority  of  four  against  him.  This,  after  the  loss  of  Bigler, 
Fitch,  and  others,  by  the  unfortunate  dissensions  of  the 
National  Democratic  party  in  their  States.  Mr.  Lincoln 
cannot  appoint  an  officer  without  the  consent  of  the  Senate. 
He  cannot  form  a  cabinet  without  the  same  consent.  He 
will  be  in  the  condition  of  George  III.  (the  embodiment  of 
Toryism),  who  had  to  ask  the  whigs  to  appoint  his  minis 
ters,  and  was  compelled  to  receive  a  cabinet  utterly  op 
posed  to  his  views ;  and  so  Mr.  Lincoln  will  be  compelled 
to  ask  of  the  Senate  to  chooso  for  him  a  cabinet,  if  the  De- 
n  ocracy  of  that  body  choose  to  put  him  on  such  terms.  He 
v  ill  be  compelled  to  do  this  or  let  the  government  stop,  if 
tlie  National  Democratic  men — for  that  is  their  name  at  the 
N  jrth — the  conservative  men  in  the  Senate,  should  so  de- 
te  mine.  Then  how  can  Mr.  Lincoln  obtain  a  cabinet 
w  .ich  would  aid  him,  or  allow  him  to  violate  the  Consti 
tution? 

Thy,  then,  I  say,  should  we  disrupt  the  ties  of  this  Union 
w*  en  his  hands  are  tied,  when  he  can  do  nothing  against 
os'r  I  have  heard  it  mooted  that  no  man  in  the  State  of 
Georgia,  who  is  true  to  her  interests,  could  hold  office  under 
Mr.  Lincoln.  But.  I  ask,  who  appoints  to  office?  Not  the 
President  alone ;  the  Senate  has  to  concur.  No  man  can  be 
Appointed  without  the  consent  of  the  Senate.  Should  any 
man  then  refuse  to  hold  office  that  was  given  to  him  by  a 
Democratic  Senate?  [Mr.  Toombs  interrupted,  and  said' if 
the  Senate  was  Democratic  it  was  for  Mr.  Breckinridge.] 
Well,  then,  continued  Mr.  S.,  I  apprehend  no  man  could  be 
justly  considered  untrue  to  the  interests  of  Georgia,  or  in 
cur  any  disgrace,  if  the  interests  of  Georgia  required  it,  to 
bold  an  office  which  a  Breckinridge  Senate  had  given  him, 
even  though  Mr.  Lincoln  should  be  President. 

I  trust,  my  countrymen,  you  will  be  still  and  silent.  I 
am  addressing  your  good  sense.  I  am  giving  you  my  vinws 
in  a  calm  and  dispassionate  manner,  and  if  any  of  you  differ 
with  me,  you  can,  on  any  other  occasion,  give  your  views 


as  I  am  doing  now,  and  let  reason  and  true  patriotism  de 
cide  between  us.  In  my  judgment,  I  say,  under  such  cir 
cumstances,  there  would  be  no  possible  disgrace  for  a 
Southern  man  to  hold  office.  No  man  will  be  suffered  to  be 
appointed,  I  have  no  doubt,  who  is  not  true  to  the  Consti 
tution,  if  Southern  Senators  are  true  to  their  trusts,  as  I 
cannot  permit  myself  to  doubt  that  they  will  be. 

My  honorable  friend  who  addressed  you  last  night  (Mr. 
Toombs),  and  to  whom  I  listened  with  the  profoundest  at 
tention,  asks  if  we  would  submit  to  Black  Republican  rule? 
I  say  to  you  and  to  him,  as  a  Georgian,  I  never  would  sub 
mit  to  any  Black  Republican  aggression  upon  our  constitu 
tional  rights.  I  will  never  consent  myself,  as  much  as  I 
admire  this  Union  for  the  glories  of  the  past,  or  the  bless 
ings  of-the  present — as  much  as  it  has  done  for  the  people 
of  all  these  States— as  much  as  it  has  done  for  civilization 
— as  much  as  the  hopes  of 'the  world  hang  upon  it,  I  would 
never  submit  to  aggression  upon  my  rights  to  maintain  it 
longer;  and  if  they  cannot  be  maintained  in  the  Union, 
standing  on  the  Georgia  platform,  where  I  have  stood  from 
the  time  of  its  adoption,  I  would  be  in  favor  of  disrupting 
every  tie  which  binds  the  States  together. 

I  will  have  equality  for  Georgia  and  for  the  citizens  of 
Georgia,  in  this  Union,  or  I  will  look  for  new  safeguards 
elsewhere.    This  is  my  position.  The  only  question  now  is, 
can  they  be  secured  in  the  Union  ?     That  is  what  I  am 
counseling  with  you   to-night  about.     Can  it  be  secured  ? 
;  In  my  judgment  it  may  be,  but  it  may  not  be ;  but  let  us 
!  do  all  we  can,  so  that  in  the  future,  if  the  worst  come,  it 
may  never  be  said  that  we  were  negligent  in  doing  our  duty 
to  the  last. 

My  countrymen,  I  am  not  of  those  who  believe  this  Union 
has  been  a  curse  up  to  this  time.    True  men,  men  of  integ- 
|  rity,  entertain  different  views  from  me  on  this  subject.    I 
I  do  not  question  their  right  to  do  so ;  I  would  not  impugn 
their  motives  in  so  doing.     Nor  will  I  undertake  to  say  that 
this  government  of  our  fathers  is  perfect.    There  is  nothing 
perfect  in  this  world  of  a  human  origin — nothing  connected 
I  with  human  nature,  from  man  himself  to  any  of  his  works. 
I  Y'ou  may  select  the  wisest  and  best  men  for  your  judges, 
I  and  yet  how  many  defects  are  there  in  the  administration 
j  of  justice?     You   may  select  the  wisest  and  best  men  for 
!  your  legislators,  and  yet  how  many  defects  are  apparent 
I  in  your  laws?     And  it  is  so  in  our  Government. 

But  that  this  government  of  our  fathers,  with  all  its  de- 
I  fects,  comes  nearer  the  objects  of  all   good  governments 
'  than  any  other  on  the  face  of  the  earth  is  my  settled  convic 
tion.    Contrast  it  now  with  any  on  the  face  of  the  earth. 
[England,  said  Mr.  Toombs.]  England,  my  friend  says.  Well, 
that  is  the  next  best,  I  grant ;  but  I  think  we  have  improved 
upon  England.  Statesmen  tried  their  apprentice  hand  on  the 
government  of  England,  and  then  ours  was  made.     Ours 
i  sprung  from  that,  avoiding  many  of  its  defects,  taking  most 
of  the  good  and  leaving  out  many  of  its  errors,  and  from 
the  whole  constructing  and  building  up  this  model  Repub 
lic — the  best  which  the  history  of  the  world  gives  any  ac 
count  of. 

Compare,  my  friends,  this  Government  with  that  of  Spain, 
Mexico,  the  South  American  Republics,  Germany,  Ireland 
— are  there  any  sons  of  that  down-trodden  nation  here  to 
night  ? — Prussia,  or,  if  yoo  travel  further  east,  to  Turkey  or 
j  China.  Where  will  you  go,  following  the  sun  in  its  circuit 
round  our  globe,  to  find  a  government  that  better  protect* 
the  liberties  of  its  people,  and  secures  to  them  the  blessings 
we  enjoy  ?  I  think  that  one  of  the  evils  that  beset  us  is  a 
surfeit  of  liberty,  an  exuberance  of  the  priceless  blessings 
for  which  we  are  ungrateful.  We  listened  to  my  honorable 
friend  who  addressed  you  last  night  (Mr.  Toombs)  as  he 
recounted  the  evils  of  this  Government. 

The  first  was  the  fishing  bounties,  paid  mostly  to  the 
sailors  of  New  England.  Our  friend  stated  that  forty-eight 
years  of  our  government  was  under  the  administration  of 
Southern  Presidents.  Well,  these  fishing  bounties  began 
under  the  rule  of  a  Southern  President,  1  believe.  No  on« 
of  them  during  the  whole  forty-eight  years  ever  set  his  ad 
ministration  against  the  principle  or  policy  of  them.  It  is 
not  for  me  to  say  whether  it  was  a  wise  policy  in  the  begin- 
!  ning ;  it  probably  was  not,  and  I  have  nothing  to  say  in  its 
defence.  But  the  reason  given  for  it  was  to  encourage  our 
young  men  to  go  to  sea  and  learn  to  manage  ships.  We 
had  at  the  time  but  a  small  navy.  It  was  thought  best  tc 
encourage  a  class  of  our  people  to  become  acquainted  with 
seafaring  life,  to  become  sailors — to  man  our  naval  ships. 
It  requires  practice  to  walk  the  deck  of  a  ship,  to  furl  the 
sails,  to  go  aloft,  to  climb  the  mast ;  and  it  was  thought,  by 
offering  this  bounty,  a  nursery  might  be  formed  in  which 
young  men  would  become  perfected  in  these  arts,  and  it  ap 
plied  to  one  section  of  the  country  as  well  as  to  any  other. 

The  result  of  this  was,  that  in  the  war  of  1812  our  sailors, 
many  of  whom  came  from  this  nursery,  were  equal  to  any 
that  England  brought  against  us.     At  any  rate,  no  small 
part  of  the  glories  of  that  war  were  gained  by  the  veteran 
tars  of  America,  and  the  object  of  these  bounties  was  to 
foster  that  branch  of  the  national  defence.     My  opinion  is 
J  that  whatever  may  have   been   the   reason  at  first,  this 
'  bounty  ought  to  be  discontinued— the  reason  for  it  at  firat 


22 


SECESSION    MOVEMENT    DEVELOPED. 


no  longer  exists.  A  bill  for  this  object  did  pass  the  Senate  problematical.  On  the  one  side  we  can  only  put  the  fact 
the  last  Congress  I  was  in,  to  which  my  honorable  friend  against  speculation  and  conjecture  on  the  other.  But  even 
contributed  greatly,  but  it  was  not  reached  in  the  House  of  as  a  question  of  speculation  I  differ  with  my  distinguished 
Representatives.  I  trust  that  he  will  yet  see  that  he  may  friend. 

with  honor  continue  his  connection  with  the  government,  What  we  would  have  lost  in  border  wars  without  the 
and  that  his  eloquence,  unrivalled  in  the  Senate,  may  here-  Union,  or  what  we  have  gained  simply  by  the  peace  it  hn« 
after,  as  heretofore,  be  displayed  in  having  this  bounty,  so  secured,  no  estimate  can  be  made  of.  Our  foreign  trade, 
obnoxious  to  him,  repealed,  and  wiped  off  from  the  statute  !  which  is  the  foundation  of  all  our  prosperity,  ha.s  the  protec- 
book.  ;  tion  of  the  navy,  which  drove  the  pirates  "from  the  waters 

The  next  evil  which  my  friend  complained  of,  was  the  near  our  coast,  where  they  had  been  buccaneering  for  ceu- 
tariff.  Well,  let  us  look  at  that  for  a  moment.  About  the  turies  before,  and  might  have  been  still  had  it  not  b»->-n  !  r 
time  I  commenced  noticing  public  matters,  this  question  i  the  American  Navy,  under  the  command  of  such  spirits  as 
was  agitating  the  country  almost  as  fearfully  as  the  slave  Commodore  Porter.  Now  that  the  coast  is  clear,  that  our 
question  now  is.  In  1832.  when  I  was  in  college,  South  j  commerce  flows  freel^  outwardly,  we  can  not  well  estimate 
Carolina  was  ready  to  nullify  or  secede  from  the  Union  on  :  how  it  would  have  been  under  other  circumstances.  The 
this  account.  And  what  have  we  seen?  The  tariff  no  i  influence  of  the  Government  on  us  is  like  that  of  the  at- 
longer  distracts  the  public  counsels.  Reason  has  tri-  ;  mosphere  around  us.  Its  benefits  are  so  silent  and  unseen 
umphed!  The  present  tariff  was  voted  for  by  Massachu-  i  that  they  are  seldom  thought  of  or  appreciated. 
setts  and  South  Carolina.  The  lion  and  the  lamb  lay  down  We  seldom  think  of  the  single  element  of  oxygen  in  the 
together — every  man  in  the  Senate  and  House  from  Massa-  air  we  breathe,  and  yet  let  this  simple,  unseen  and  unfrlt 
chusctts  and  South  Carolina,  I  think,  voted  for  it,  as  did  agent  be  withdrawn,  this  life-giving  element  be  taken  away 
my  honorable  friend  himself.  And  if  it  be  true,  to  Tise  the  !  from  this  all-pervading  fluid  around  us,  and  what  instant 
figure  of  speech  of  my  honorable  friend,  that  every  man  j  and  appalling  changes  would  take  place  in  all  organic 
in  the  North  that  works  in  iron,  and  brass  and  wood,  has  \  creation. 

his  muscle  strengthened  by  the  protection  of  the  govern-  j  It  may  be  that  we  are  all  that  we  are  in  "spite  of  the 
ment,  that  stimulant  was  given  by  his  vote,  and  I  believe  |  General  Government,"  but  it  may  be  that  without  it  we 
every  other  Southern  man.  So  we  ought  not  to  complain  j  should  have  been  far  different  from  what  we  are  now.  It  is- 
of  that.  I  true  there  is  no  equal  part  of  the  earth  with  natural  r.  - 

Mr.  TOOMBS.    The  tarifflessened  the  duties.  |  sources   superior  perhaps   to  ours.    That  portion   of  this 

Mr.  STEPHENS.  Yes.  and  Massachusetts  with  unanimity  !  country  known  as  the  Southern  States,  stretching  from  th«* 
voted  with  the  South  to  lessen  them,  and  they  were  made  i  Chesapeake  to  the  Rio  Grande,  is  fully  equal  to  the  picture 
just  as  low  as  Southern  men  asked  them  to  be,  and  that  is  drawn  by  the  honorable  and  eloquent  Senator  last  night,  in 
the  rate  they  are  now  at.  If  reason  and  argument,  with  j  all  natural  capacities.  But  how  many  ages  and  centuries 
experience,  produced  such  changes  in  the  sentiments  of  '  passed  before  these  capacities  were  developed  to  reach  this 
Massachusetts  from  1832  to  1857,  on  the  subject  of  the  j  advanced  age  of  civilization?  There  these  same  hills,  rich 
tariff,  may  not  like  changes  be  effected  there  by  the  same  '  in  ore,  same  rivers,  same  valleys  and  plains,  are  as 'they 
means — reason  and  argument,  and  appeals  to  patriotism  on  I  have  been  since  they  came  from  the  hand  of  the  Creator ; 
the  present  vexed  question  ?  And  who  can  say  that  by  j  uneducated  and  uncivilized  man  roamed  over  them  for  how 
1875  or  1890  Massachusetts  mAy  not  vote  with  South  Care-  <  long  no  history  informs  us. 

lina  and  Georgia  upon  all  those  questions  that  now  distract  j  It  *vas  only  under  our  institutions  that  they  could  be  de- 
the  country  and  threaten  its  peace  and  existence.  I  believe  ]  veloped.  Their  development  is  the  result  of  the  enterprise 
in  the  power  and  efficiency  of  truth,  in  the  omnipotence  of  |  of  our  people,  under  operations  of  the  Government  and  in- 
truth,  and  its  ultimate  triumph  when  properly  wielded.  j  stitutions  under  which  we  have  lived.  Even  our  people, 

Another  matter  of  grievance  alluded  to  by  my  honorable  !  without  these,  never  would  have  done  it.  The  organization' 
friend  was  the  Navigation  Laws.  This  policy  was  also  '  of  society  has  much  to  do  with  the  development  of  the 
commenced  under  the  Administration  of  one  of  these  I  natural  resources  of  any  country  or  any  land.  The  insti- 
Southern  Presidents  who  ruled  so  well,  and  has  been  con-  j  tutions  of  a  people,  political  and  moral,  "are  the  matrix  in 
tinued  through  all  of  them  since.  The  gentleman's  views  !  which  the  germ  of  their  organic  structure  quickens  into 
of  the  policy  of  these  laws  and  my  own  do  not  disagree,  j  life — takes  root,  and  develops  in  form,  nature,  and  charac- 
We  occupied  the  same  ground  in  relation  to  them  in  Con-.  |  ter.  Our  institutions  constitute  the  basis,  the  matrix,  from 
gress.  It  is  not  my  purpose  to  defend  them  now.  But  i  which  spring  all  our  characteristics  of  development  and 
it  is  proper  to  state  some  matters  connected  with  their  greatness.  Look  at  Greece.  There  is  the  same  fertile  soil, 
origin.  j  the  same  blue  sky,  the  same  inlets  and  harbors,  the  same 

One  of  the  objects  was  to  build  up  a  commercial  American  I  JSgean,  the  same  Olympus;  there  is  the  same  land  where 
marine  by  giving  American  bottoms  the  exclusive  carrying-  i  Homer  sung,  where  Pericles  spoke;  it  is  in  nature  the  same 
trade  between  our  own  ports.  This  is  a  great  arm  of  national  j  old  Greece — but  it  is  living  Greece  no  more, 
power.  This  object  was  accomplished.  We  have  now  an  i  Descendants  of  the  same  people  inhabit  the  country:  yet 
amount  of  shipping,  not  only  coastwise,  but  to  foreign  i  what  is  the  reason  of  this  vast  difference?  In  the  midst  of 
countries,  which  puts  us  in  the  front  rank  of  the  nations  of  [  present  degradation  we  see  the  glorious  fragments  of  ancient 
the  world.  England  can  no  longer  be  styled  the  Mistress  of  '  works  of  art — temples,  with  ornaments  and  inscriptions 
the  Seas.  What  American  is  not  proud  of  the  result?  I  that  excite  wonder  and  admiration — the  remains  of  a  once 
Whether  those  laws  should  be  continued  is  another  question,  i  high  order  of  civilization,  which  have  outlived  the  lan- 
But  one  thing  is  certain :  no  President,  Northern  or  South-  i  gunge  they  spoke — upon  them  all,  Ichabod  is  written — 


em,  has  ever  yet  recommended  their  repeal.  And  my 
friend's  efforts  to  get  them  repealed  were  met  with  but 
little  favor.  North  or  South. 

These,  then,  were  the  true  main  grievances  or  grounds 
of  complaint  against  the  general  system  of  our  Government 
and  its  workings— I  mean  the  administration  of  the  Federal 
Government.  As  to  the  acts  of  the  Federal  States  I  shall 
speak  presently :  but  these  three  were  the  main  ones  used 
against  the  common  head.  Now,  suppose  it  be  admitted 
that  all  of  these  are  evils  in  the  system;  do  they  over 
balance  and  outweigh  the  advantages  and  great  good  which 
this  same  government  affords  in  a  thousand  innumerable 
ways  that  cannot  be  estimated?  Have  we  not  at  the  South. 
as  well  as  the  North,  grown  great,  prosperous,  and  happy 
under  its  operations?  Has  any  part  of  the  world  ever 
shown  such  rapid  progress  in  the  development  of  wealth, 
and  ;ill  the  material  resources  of  national  power  and  great- 

the    (Jcneral 


their  glory  has  departed.  Why  is  this  so?  I  answer,  thoir 
institutions  have  been  destroyed.  These  were  but  the 
fruits  of  their  fonns  of  government,  the  matrix  from  which 
their  grand  development  sprung:  and  when  once  the  in 
stitutions  of  a  people  have  been  destroyed,  there  is  no 
earthly  power  that  can  bring  back  the  Promethean  spark 
to  kindle  them  here  again,  any  more  than  in  that  ancient 
land  of  eloquence,  poetry,  and  song. 

The  same  may  be  said  of  Italy.  Where  is  Rome,  once  the 
mistress  of  the  world?  There  are  the  same  seven  hills 
now,  the  same  soil,  the  same  natural  resources;  nature  in 
the  same,  but  what  a  ruin  of  human  greatness  meets  the 
eye  of  the  traveller  throughout  the  length  and  breadth  .if 
that  most  down-trodden  land!  Why  have  not  the  people 
of  that  Heaven-favored  clime  the  spirit  that  animated  their 
fathers?  Why  this  sad  difference ? 

It  is  the  destruction  of  her  institutions  that  hns  caused  it : 


and.  my  countrymen,  if  we  shall  in  an  evil  hour  rashly  pull 
down   and   destroy  those  institutions  which  the  patriotic 


ml  pc 

ness,   as   the   Southern    States    have    unde 
Government,  notwithstanding  all  its  defects 

Mr.  TOOMBS.     In  spiteof  it.  '  b:«nd  of  our  fathers  labored  so  long  and  so  hard  to  build  np, 

Mr.  STEPHENS.  My  "honorable  friend  says  we  have,  in  I  nnd  which  have  done  so  much  for  us  and  the  world,  who 
spite  of  the  General  Government;  that  without  it.  T  suppose  can  venture  the  prediction  that  similar  results  will  not  en- 
he  thinks,  we  might  have  done  as  well,  or  perhaps  better,  |  sue?  Let  us  avoid  it  if  we  can.  I  trust  the  spirit  is  among 
than  we  have  done  this  in  spite  of  it.  That  may  be  and  it  I  us  that  will  enable  us  to  do  it.  Let  ns  not  rashly  try  th-> 
may  not  bo;  but  the  great  fact  that  we  have  grown  great  experiment,  for,  if  it  fails,  as  it  did  in  Greece  and  Italy,  and 
and  powerful  under  the  Government  as  it  exists — there  is  in  the  South  American  Republics,  and  in  every  other  place 
no  conjecture  or  speculation  about  that :  it  stands  out  bold,  wherever  liberty  is  once  destroyed,  it  may  never  be  restored 
high,  and  prominent,  like  your  Stone  Mountain,  to  which  \  to  us  again. 

the  gentleman  alluded  in  illustrating  home  facts  in  his  I  Tiiere  are  defects  in  our  government,  errors  in  adminis- 
record — this  great  fact  of  our  unrivalled  prosperity  in  the  I  tion,  and  short-comings  of  many  kinds;  but  in  spite  of 
Union  as  it  is  admitted;  whether  all  this  is  in  spite  of  the  I  these  defects  and  errors,  Georgia  has  grown  to  be  a  great 
Government — whether  we  of  the  South  would  have  been  State.  Let  us  pause  here  a  moment.  In  1850  there  was  » 
better  off  without  the  Government — is,  to  say  the  least,  great  crisis,  but  not  so  fearful  as  this;  for,  of  all  I  havr 


SECESSION    MOVEMENT    DEVELOPED. 


23 


ever  passed  through,  this  is  the  most  perilous,  and  requires 
to  be  met  with  the  greatest  calmness  and  deliberation. 

There  were  many  among  us  in  1850  zealous  to  go  at  once 
out  of  the  Union,  to  disrupt  every  tie  that  binds  us  together. 
Now,  do  you  believe,  had  that  "policy  been  carried  out  at 
that  time,  we  would  have  been  the  same  great  people  that 
we  are  to-day  ?  It  may  be  that  we  would,  but  have  you 
any  assurance  of  that  fact?  Would  you  have  made  the 
same  advancement,  improvement,  and  progress  in  all  that 
constitutes  material  wealth  and  prosperity  that  we  have? 

I  notice,  in  the  Comptroller-General's  report,  that  the 
taxable  property  of  Georgia  is  $670,000.000  and  upward,  an 
amount  not  f.ir  from  double  what  it  was  in  1850.  I  think  I 
may  venture  to  say  that  for  the  last  ten  years  the  material 
wealth  of  the  people  of  Georgia  has  been  nearly  if  not  quite 
doubled.  The  same  may  be  said  of  our  advance  in  educa- 
tjon  and  every  thing  that  marks  our  civilization.  Have  we 
any  assurance  that,  had  we  regarded  the  earnest  but  mis 
guided  patriotic  advice,  as  I  think,  of  some  of  that  day,  and 
disrupted  the  ties  which  bind  us  to  the  Union,  we  would 
have  advanced  as  we  have  ?  I  think  not.  "Well,  then,  let 
us  be  careful  now  before  we  attempt  any  rash  experiment 
of  this  sort.  I  know  that  there  are  friends — whose  patri 
otism  I  do  not  intend  to  question — who  think  this  Union  a 
cnrse — and  that  we  would  be  better  off  without  it.  I  do 
not  so  think,  if  we  can  bring  about  a  correction  of  those 
evils  which  threaten — and  I  am  not  without  hope  that  this 
may  yet  be  done.  This  appeal  to  go  out,  with  all  the  pro 
visions  for  good  that  accompany  it,  I  look  upon  it  as  a  great 
and  I  fear  a  fatal  temptation. 

When  I  look  around  and  see  our  prosperity  in  every  thing, 
agriculture,  commerce,  art.  science,  and  every  department 
of  education,  physical  and  mental,  as  well  as  moral  advance 
ment,  and  our  colleges,  I  think,  in  the  face  of  such  an  ex 
hibition,  if  we  can,  without  the  loss  of  power,  or  any  essen 
tial  right  or  interest,  remain  in  the  Union,  it  is  our  duty  to 
ourselves  and  to  posterity  to — let  us  not  too  readily  yield  to 
this  temptation— do  so.  Our  first  parents,  the  great  pro 
genitors  of  the  human  race,  were  not  without  a  like  tempta 
tion  when  in  the  garden  of  Eden.  They  were  led  to  believe 
that  their  condition  would  be  bettered — that  their  eyes 
would  bo  opened — and  that  they  would  become  as  gods. 
They  in  an  <»\nl  hour  yielded — instead  of  becoming  gods, 
they  only  saw  t  heir  own  nakedness. 

I  look  upon  this  country  with  our  institutions  as  the  Eden 
of  the  world,  the  paradise  of  the  iiniverse.  It  may  be  that 
out  of  it  we  may  become  greater  and  more  prosperous,  but 
I  am  candid  and  sincere  in  telling  you  that  I  fear  if  we 
rashly  evince  passion,  and  without  sufficient  cause  shall 
take  that  step,  that  instead  of  becoming  greater  or  more 
peaceful,  prosperous,  and  happy — instead  of  becoming  gods, 
we  will  become  demons,  and  at  no  distant  day  commence 
cutting  one  another's  throats.  This  is  my  apprehension. 
Let  us,  therefore,  whatever  we  do,  meet  those  difficulties, 
great  as  they  are,  like  wise  and  sensible  men,  and  consider 
them  in  the  light  of  all  the  consequences  which  may  attend 
our  action.  Let  us  see  first  clearly  where  the  path  of  duty 
leads,  and  then  we  may  not  fear  to  tread  therein. 

I  come  now  to  the  main  question  put  to  me,  and  on  which 
ray  counsel  has  been  asked.  That  is,  what  the  present 
Legislature  should  do  In  view  of  the  dangers  that  threaten 
us,  and  the  wrongs  that  have  been  done  us  by  several  of 
our  confederate  States  in  the  Union,  by  the  acts  of  their 
legislatures  nullifying  the  fugitive  slave  law,  and  in  direct 
disregard  of  their  constitutional  obligations.  What  I  shall 
say  will  not  be  in  the  spirit  of  dictation  ;  it  will  be  simply 
my  own  judgment  for  what  it  is  worth.  It  proceeds  from 
a  strong  conviction  that  according  to  it  our  rights,  interests 
and  honor — our  present  safety  and  future  security — can  be 
maintained  without  yet  looking  to  the  last  resort,  the 
'•  ultima  ratio  regum."  That  should  not  be  looked  to  until 
all  else  fails.  That  may  come.  On  this  p  -int  I  am  hopeful, 
but  not  sanguine.  But  let  us  use  every  patriotic  effort  to 
prevent  it  while  there  is  ground  for  hope. 

If  any  view  that  I  may  present  in  your  judgment  be  in 
consistent  with  the  best  interests  of  Georgia,  I  ask  you,  as 
patriots,  not  to  regard  it.  After  hearing  me  and  others 
whom  you  have  advised  with,  act  in  the  premises  according 
to  your  own  conviction  of  duty  as  patriots.  I  speak  now 
particularly  to  the  members "  of  the  legislature  present. 
There  are,  a«  I  have  said,  great  dangers  ahead.  Great  dan 
gers  may  come  from  the  election  I  have  spoken  of.  If  the 
policy  of  Mr.  Lincoln  and  his  Republican  associates  shall  be 
carried  out,  or  attempted  to  be  carried  out,  no  man  in 
Georgia  will  be  more  willing  or  ready  than  myself  to  defend 
our  rights,  interests  and  honor,  at  every  hazard  and  to  the 
last  extremity. 

What  is  this  policy?  It  is,  in  the  first  place,  to  exclude 
us,  by  an  act  of  Congress,  from  the  Territories  with  our 
slave  property.  He  is  for  using  the  power  of  the  General 
Government  against  the  extension  of  our  institutions.  Our 
position  on  this  point  is,  and  ought  to  be.  at  all  hazards,  for 
perfect  equality  between  all  the  States,  and  the  citizens  of 
all  the  States,  in  the  Territories,  under  the  Constitution  of 
the  United  States.  If  Congress  should  exercise  its  power 


against  this,  then  I  am  for  standing  where  Georgia  planted 
herself  in  1850.  These  were  plain  propositions,  which  were 
then  laid  down  in  her  celebrated  platform  as  sufficient  for 
the  disruption  of  the  Union  if  the  occasion  should  ever 
ome.  On  these  Georgia  has  declared  that  she  will  go  out 
of  the  Union;  and  for  these  she  would  be  justified  by  the 
nations  of  the  earth  in  so  doing. 

I  say  the  same  ;  I  said  it  then;  I  say  it  now — if  Mr.  Lin 
coln's  policy  should  be  carried  out.  I  have  told  yon  that  I 
do  not  think  his  bare  election  sufficient  cause:  but  if  his 
policy  should  be  carried  out  in  violation  of  any  of  the  prin 
ciples  set  forth  in  the  Georgia  platform,  that  would  be  such 
an  act  of  aggression  which  ought  to  be  met  as  therein  pro 
vided  for.  If  his  policy  shall  be  carried  out  in  repealing 
or  modifying  the  fugitive  slave  law  so  as  to  weaken  its 
efficacy,  Georgia  has  declared  that  she  will,  in  the  last  re 
sort,  disrupt  the  ties  of  the  Union — and  I  say  so  too.  I 
stand  upon  the  Georgia  platform,  and  upon  every  plank, 
and  say,  if  these  aggressions  therein  provided  for  fake 
place — I  say  to  you  and  to  the  people  of  Georgia,  keep  your 

Eowder  dry,  and  let  your  assailants  then  have  lead,  if  need 
e.    I  would  wait  for  an  act  of  aggression.    This  is  my 
position. 

Now  upon  another  point,  and  that  the  most  difficult,  and 
deserving  your  most  serious  consideration,  I  will  speak. 
That  is  the  course  which  this  State  should  pursue  towards 
those  Northern  States,  which  by  their  legislative  acts  have 
attempted  to  nullify  the  fugitive  slave  law.  I  know  that 
in  some  of  these  States  their  acts  pretend  to  be  based  upon 
the  principles  set  forth  in  the  case  of  PRIOO,  against  Penn 
sylvania.  That  decision  did  proclaim  the  doctrine  that  the 
State  officers  are  not  bound  to  carry  out  the  provisions  of  a 
law  of  Congress — that  the  Federal  Government  can  not  im 
pose  duties  upon  State  officials — that  they  must  execute 
their  own  laws  by  their  own  officers.  And  this  maybe  true. 
But  still  it  is  the  duty  of  the  States  to  deliver  fugitive  slaves, 
as  well  as  the  duty  of  the  General  Government  to  see  that  it 
is  done. 

Northern  States,  on  entering  into  the  Federal  compact, 
pledged  themselves  to  surrender  such  fugitives ;  and  it  is  in 
disregard  of  their  obligations  that  they  have  passed  laws 
which  even  tend  to  hinder  or  obstruct  the  fulfilment  of 
that  obligation.  They  have  violated  their  plighted  faith 
what  ought  we  to  do  in  view  of  this  ?  That  is  the  question. 
What  is  to  be  done  ?  By  the  law  of  nations  you  would 
have  a  right  to  demand  the  carrying  out  of  this  article  ol 
agreement,  .and  I  do  not  see  that  it  should  be  otherwise 
with  respect  to  the  States  of  this  Union;  and,  in  case  it  be 
not  done,  we  would,  by  these  principles,  have  the  right  tc 
commit  acts  of  reprisal  on  these  faithless  governments,  and 
seize  upon  their  property,  or  that  of  their  citizens,  wherever 
found.  The  States  of  this  Union  stand  upon  the  same  foot 
ing  with  foreign  nations  in  this  respect.  But,  by  the  law 
of  nations,  we  are  equally  bound,  before  proceeding  to 
violent  measures,  to  set  forth  our  grievances  before  the 
offending  Government,  to  give  them  an  opportunity  to  re 
dress  the  wrong.  Has  our  State  yet  done  this  ?  I  think  not. 

Suppose  it  was  Great  Britain  that  had  violated  some 
compact  of  agreement  with  the  General  Government,  what 
would  be  first  done?  In  that  case  our  Minister  would  be 
directed,  in  the  first  instance,  to  bring  the  matter  to  the 
attention  of  that  Government,  or  a  Commissioner  be  sent  to 
that  country  to  open  negotiations  with  her,  ask  for  redress, 
and  it  would  only  be  when  argument  and  reason  had  been 
exhausted,  that  we  should  take  the  last  resort  of  nations. 
That  would  be  the  course  toward  a  foreign  government,  and 
toward  a  member  of  this  Confederacy  I  would  recommend 
the  same  course. 

Let  us,  therefore,  not  act  hastily  in  this  matter.  Let 
your  Committee  on  the  State  of  the  Republic  make  out  a 
bill  of  grievances ;  let  it  be  sent  by  the  Governor  to  those 
faithless  States,  and  if  reason  and  argument  shall  be  tried 
in  vain — all  shall  fail  to  induce  them  to  return  to  their  con 
stitutional  obligations — I  would  be  for  retaliatory  measures, 
such  as  the  Governor  has  suggested  to  you.  This  mode  of 
resistance  in  the  Union  is  in  our  power.  It  might  be  effect 
ual,  and.  if  in  the  last  resort,  we  would  be  justified  in  the 
eyes  of  nations,  not  only  in  separating  from  them,  but  by 
using  force. 

[Some  one  said  the  argument  was  already  exhausted.] 

Mr.  STEPHENS  continued.  Some  friend  says  that  the  ar 
gument  is  already  exhausted.  No,  my  friend,  it  is  not.  You 
have  never  called  the  attention  of  the  Legislatures  of  those 
States  to  this  subject  that  I  am  aware  of.  Nothing  has  ever 
been  done  before  this  year.  The  attention  of  our  own 
people  has  been  called  to  this  subject  lately. 

Now,  then,  my  recommendation  to  you  would  be  this: 
In  view  of  all  these  questions  of  difficulty,  let  a  convention 
of  the  people  of  Georgia  be  called,  to  which  they  may  be 
all  referred.  Let  the  sovereignty  of  the  people  speak. 
Some  think  that  the  election  of  Mr.  Lincoln  is  cause  suffi 
cient  to  dissolve  the  Union.  Some  think  those  other  griev 
ances  are  sufficient  to  dissolve  the  same,  and  that  the  Le 
gislature  has  the  power  thus  to  act,  and  ought  thus  to  act. 
I  have  no  hesitancy  in  saying  that  the  Legislature  is  not  the 


24 


SECESSION    MOVEMENT    DEVELOPED. 


proper  body  to  sever  our  Federal  relations,  if  that  necessity 
should  arise.  An  honorable  and  distinguished  gentleman, 
the  other  night  (Mr.  T.  R.  K.  Cobb).  advised  you  to  take  this 
course — not  to  wait  to  hear  from  the  cross-roads  and 
groceries.  I  say  to  you,  you  have  no  power  so  to  act.  You 
must  refer  this  question  to  the  people,  and  you  must  wait 
to  hear  from  the  men  at  the  cross-reads  and  even  the 
groceries;  for  tbo  people  in  this  country,  whether  at  the 
cross-roads  or  the  groceries,  whether  in  cottages  or  palaces, 
are  all  equal,  and  they  are  the  sovereigns  in  this  country. 
Sovereignty  is  not  in  the  Legislature.  We,  the  people,  are 
the  sovereigns.  I  am  one  of  them  and  have  a  right  to  be 
heard,  and  so  has  any  other  citizen  of  the  State.  You, 
legislators — I  speak  it  respectfully — are  but  our  servants. 
You  arc  the  servants  of  the  people,  and  not  their  masters. 
1'ower  resides  with  the  people  in  this  country. 

The  great  difference  between  our  country  and  all  others, 
such  as  France  and  England  and  Ireland,  is,  that  here  there 
is  popular  sovereignty  while  there  sovereignty  is  exercised 
by  kings  and  favored  classes.  This  principle  of  popular 
sovereignty,  however  much  derided  lately,  is  the  founda 
tion  of  our  institutions.  Constitutions  are  but  the  channels 
through  which  the  popular  will  may  he  expressed.  Our 
Constitution  came  from  the  people.  They  made  it,  and 
they  alone  can  rightfully  unmake  it. 

Mr.  TOOMBS.    I  am  afraid  of  conventions. 

Mr.  STEPHENS.  I  am  not  afraid  of  any  convention  legally 
chosen  by  the  people.  I  know  no  way  to  decide  great 
questions  affecting  fundamental  laws  except  by  representa 
tives  of  tho  people.  The  Constitution  of  the  United  States 
was  made  by  the  representatives  of  the  people.  The  Con 
stitution  of  the  State  of  Georgia  was  made  by  representa 
tives  of  the  people  chosen  at  the  ballot-box.  But  do  not 
let  the  question  which  conies  before  the  people  be  put  to 
them  in  the  language  of  my  honorable  friend  who  addressed 
you  lust  night:  Will  you  submit  to  abolition  rule  or 
resist  ? 

Mr.  TOOMBS.    I  do  not  wish  the  people  to  be  cheated. 

Mr.  STEPHENS.  Now,  my  friends,  how  are  we  going  to 
cheat  the  people  by  calling  on  them  to  elect  delegates  to  a 
convention  to  decide  all  these  questions  without  any  dicta 
tion  or  direction?  Who  proposes  to  cheat  the  people  by 
letting  them  speak  their  own  untrammelled  views  in  the 
choice  of  their  ablest  and  best  men,  to  determine  upon  all 
these  matters  involving  their  peace? 

I  think  the  proposition  of  my  honorable  friend  had  a  con 
siderable  smock  of  unfairness,  not  to  say  cheat.  He  wished 
to  have  no  convention,  but  for  the  Legislature  to  submit 
their  vote  to  the  people — submission  to  abolition  rule  or 
resistance  ?  Now  who,  in  Georgia,  would  vote  "  submis 
sion  to  abolition  rule?" 

Is  putting  such  a  question  to  the  people  to  vote  on  a  fair 
way  of  getting  an  expression  of  the  popular  will  on  all 
those  questions?  I  think  not.  Now,  who  in  Georgia  is 
going  to  submit  to  abolition  rule  ? 

Mr.  TOOMBS.    The  convention  will. 

Mr.  STEPHENS.  No,  my  friend,  Georgia  will  never  do  it. 
The  convention  will  never  secede  from  the  Georgia  Plat 
form.  Under  that  there  can  be  no  abolition  rule  in  the 
General  Government.  I  am  not  afraid  to  trust  the  people 
in  convention  upon  this  and  all  questions.  Besides,  the 
Legislature  were  not  elected  for  such  a  purpose.  They 
came  here  to  do  their  duty  as  legislators.  They  have  sworn 
to  support  the  Constitution  of  the  United  States.  They  .did 
not  come  here  to  disrupt  this  Government.  I  am  therefore 
for  submitting  all  these  questions  to  a  convention  of  the 
people.  Submit  the  question  to  the  people,  whether  they 
would  submit  to  an  abolition  rule  or  resist,  and  then  let  the 
Legislnture  act  upon  that  vote?  Such  a  course  would  be 
an  insult  to  the  people.  They  would  have  to  eat  their 
platform,  ignore  their  past  history,  blot  out  their  records, 
and  take  steps  backward,  if  they  should  do  this.  I  have 
never  eaten  my  record  or  words,  and  never  will. 

But  how  will  it  be  under  this  arrangement  if  they  should 
vote  to  resist,  and  the  Legislature  should  reassemble  with 
this  vote  as  their  instruction?  Can  any  man  tell  what 
sort  of  resistance  will  be  meant?  One  man  would  say 
recede ;  another  pass  retaliatory  measures ;  these  are 
measures  of  resistance  against  wron^— legitimate  and 
right— and  there  would  be  as  many  different  ideas  as  there 
are  members  on  this  floor.  Resistance  dou't  meau  seces 
sion — that,,  in  no  proper  sense  of  the  term,  is  resistance. 
Believing  that  the  times  require  action,  I  am  for  present 
ing  the  question  fairly  to  the  people,  for  calling  together 
an  untrammelled  contention,  and  presenting  all  the  ques 
tions  to  them  whether  they  will  go  out  of  the  Union,  or 
what  course  of  resistance  in  the  Union  they  may  think 
best,  and  then  let  the  Legislature  act,  when  the  people  in 
their  majesty  are  heard  ;  and  I  tell  you  now,  whatever 
that  Convention  does,  I  hope  and  trust  our  people  will 
abide  by.  I  advise  the  calling  of  a  convention  with  the 
earnest  dosire  to  preserve  the  peace  and  harmony  of  the 
State.  I  should  dislike,  above  all  things,  to  see  violent 
measures  adopted,  or  a  disposition  to  take  the  sword  iu 
hand,  by  individuals,  without  the  authority  of  law. 


My  honorable  friend  said  last  night :  "  I  ask  you  to  giro 
me  the  sword,  for  if  you  do  not  give  it  to  me,  as  God  lives, 
I  will  take  it  uiystlf." 

Mr.  TOOMBS.     I  will. 

Mr.  STEPHENS.  I  have  no  doubt  that  my  honorable 
friend  feels  as  he  says.  It  iu  only  his  excessive  ardor  that 
makes  him  use  such  an  expression;  but  thi*  will  pass 
off  with  the  excitement  of  the  hour.  When  the  people  in 
their  majesty  shall  speak,  I  have  no  doubt  that  he  will 
bow  to  their  will,  whatever  it  may  be,  upon  the  "  sober 
second  thought." 

Should  Georgia  determine  to  go  out  of  the  Union — I 
speak  for  one,  though  my  views  might  not  agree  with 
them— whatever  the  result  may  be,  I  shall  bow  to  the 
will  of  her  people.  Their  cause  is  my  cause,  and  their 
destiny  is  my  destiny  ;  and  I  trust  this  will  be  the  ulti 
mate  course  of  all.  The  greatest  curse  that  can  befall  a 
free  people  is  civil  war. 

But,  as  I  said,  let  us  call  a  convention  of  the  people  . 
let  all  these  matters  be  submitted  to  it,  and  when  the  will 
of  a  majority  of  the  people  has  thus  been  expressed,  th« 
whole  State  will  present  one  unanimous  voice  in  favor  of 
whatever  may  be  demanded  ;  for  1  believe  in  the  power 
of  the  people  to  govern  themselves,  when  wisdom  prevails 
and  passion  is  silent. 

Look  at  what  has  already  been  done  by  them  for  their 
advancement  iu  all  that  ennobles  man.  there  is  nothing 
like  it  in  the  history  of  the  world.  Look  abroad  from  one 
extent  of  the  country  to  the  other — contemplate  our  great 
ness.  We  are  now  among  the  first  nations  of  the  earth. 
Shall  it  be  said,  then,  that  our  institutions,  founded  upon 
principles  of  self-government,  are  a  failure? 

Thus  far  it  is  a  noble  example,  worthy  of  imitation. 
The  gentleman,  Mr.  Cobb,  the  other  night  said  it  had 
proven  a  failure.  A  failure  in  what  ?  In  growth  ?  Look 
at  our  expanse  in  national  power.  Look  at  our  population 
and  increase  in  all  that  makes  a  people  great.  A  failure? 
Why,  we  are  the  admiration  of  the  civilized  world,  and 
present  the  brightest  hopes  of  mankind. 

Some  of  our  public  men  have  failed  in  their  aspirations  ; 
that  is  true,  and  from  that  comes  a  great  part  of  our 
troubles. 

No,  there  is  no  failure  of  this  Government  yet.  We 
have  made  great  advancement  under  the  Constitution, 
and  I  cannot  but  hope  that  we  shall  advance  higher  still. 
Let  us  be  true  to  our  cause. 

Now,  when  this  convention  assembles,  if  it  shall  be 
called,  as  I  hope  it  may,  I  would  say  iu  my  judgmeut, 
without  dictation,  for  I  am  conferring  with"  you  freeiy 
and  frankly,  and  it  is  thus  that  I  give  my  views,  I  should 
take  into  consideration  all  those  questions  which  distract 
the  public  mind  ;  should  view  all  the  grounds  of  secession 
so  far  as  the  election  of  Mr.  Lincoln  is  concerned,  and  ' 
have  no  doubt  they  would  say  that  the  constitutional 
election  of  no  man  is  a  sufficient  cause  to  break  up  the 
Union,  but  that  the  State  should  wait  until  he  at  least 
does  some  unconstitutional  act. 

Mr.  TOOMBS.     Commit  some  overt  act. 

Mr.  STEPHENS.  No,  I  did  not  sny  that.  The  word  overt 
is  a  sort  of  technical  term  connected  with  treason,  which 
has  come  to  us  from  the  mother  country,  and  it  means  an 
open  act  of  rebellion.  I  do  not  see  how  Mr.  Lincoln  can 
do  this  unless  he  should  levy  war  upon  us.  I  do  not, 
therefore,  use  the  word  overt.  I  do  not  intend  to  wait  for 
that.  But  I  use  the  words  unconstitutional  act,  which 
our  people  understand  much  better,  and  which  expresses 
just  what  I  mean.  But  as  long  as  he  conforms  to  the 
Constitution,  he  should  be  left  to  exercise  the  duties  of  his 
office. 

In  giving  this  advice  I  am  but  sustaining  the  Constitn- 
tion  of  my  country,  and  I  do  not  thereby  become  a  Lincoln 
aid  man  either  but  a  Constitutional  aid  man.  But  this 
matter  the  Convention  can  determine. 

As  to  the  other  matter.  I  think  we  have  a  right  to  pass 
retaliatory  measures,  provided  they  be  in  accordance  with 
the  Constitution  of  the  United  State's,  and  I  think  they  can 
be  made  such.  But  whether  it  would  be  wise  for  this 
Legislature  to  do  this  now  is  the  question.  To  the  Con 
vention,  in  my  judgment,  this  matter  ought  to  be  referred. 
Before  we  commit  reprisals  on  New  England  we  should 
exhaust  every  means  of  bringing  about  a  peaceful  solution 
of  the  question. 

Thus  did  General  Jackson  in  the  case  of  the  French. 
He  did  not  recommend  reprisals  until  he  had  treated  with 
France,  and  got  her  to  promise  to  make  indemnification, 
and  it  was  only  on  her  refusal  to  pay  the  money  which 
she  had  promised  that  he  recommended  reprisals."  It  was 
after  negotiation  had  failed.  I  do  think,  therefore,  that 
it  would  be  best,  before  going  to  extreme  measures  with 
our  Confederate  States,  to  make  a  presentation  of  our  de- 
mands,  to  appeal  to  their  reason  and  judgment  to  give  us 
our  rights.  Then,  if  reason  should  not  triumph,  it  will 
be  time  enough  to  commit  reprisals,  and  we  should  be 
justified  in  the  eyes  of  a  civilized  world.  At  least,  let 


SECESSION    MOVEMENT    DEVELOPED. 


25 


the  States  know  what  your  grievances  are,  and  if  they 
refuse,  8J»  I  said,  to  give  us  our  rights  under  the  Constitu 
tion  of  our  country,  I  should  be  willing,  as  a  last  resort, 
to  never  the  ties  of  this  Union. 

My  own  opinion  is,  that  if  this  course  be  pursued,  and 
they  arc  informed  of  the  consequences  of  refusal,  these 
States  will  secede  ;  but  if  they  should  not,  then  let  the 
consequences  be  with  them,  and  let  the  responsibility  of 
the  consequences  rest  upon  them.  Another  thing  I  would 
have  that  Convention  to  do.  Reaffirm  the  Georgia  plat 
form  with  an  additional  plank  in  it.  Let  that  plauk  be  the 
fulfilment  of  the  obligation  on  the  part  of  those  States  to 
repeal  these  obnoxious  laws  as  a  condition  of  our  remain 
ing  in  the  Union.  Give  them  time  to  consider  it,  and  I 
would  ask  all  States  South  to  do  the  same  thing. 

I  am  for  exhausting  all  that  patriotism  can  demand  be 
fore  taking  the  last  step.  I  would  invite,  therefore,  South 
Carolina  to  a  conference.  I  would  ask  the  same  of  all  the 
other  Southern  States,  so  that  if  the  evil  has  got  beyond 
our  control,  which  God,  in  his  mercy,  grant  may  not  be 
the  case  let  us  not  be  divided  among  ourselves,  but,  if 
possible,  secure  the  united  co-operation  of  all  the  Southern 
Slates;  and  then,  in  the  face  of  the  civilized  world,  we 
may  justify  our  action;  and,  with  the  wrong  all  on  the 
other  side,  we  can  appeal  to  the  God  of  battles  to  aid  us 
in  our  cause.  But  let  us  not  do  any  thing  in  which  any 
portion  of  our  people  may  charge  us  with  rash  or  hasty 
action.  It  is  certainly  a  matter  of  great  importance  to 
tear  this  Government  asunder.  Yon  were  not  sent  here 
•for  that  purpose.  I  would  wish  the  whole  South  to  be 
united  if  this  is  to  be  done ;  and  I  believe  if  we  pursue 
the  policy  which  I  have  indicated,  this  can  be  effected. 

In  this  way  our  sister  Southern  States  can  be  induced 
to  act  with  us,  and  I  have  but  little  doubt  that  the  States 
of  New  York,  and  Pennsylvania,  and  Ohio,  and  the  other 
Western  States,  will  compel  their  Legislatures  to  recede 
from  their  hostile  attitudes  if  the  others  do  not.  Then 
with  these  we  would  go  on  without  New  England  if  she 
chose  to  stay  out. 

[A  voice  in  the  assembly.    "We  will  kick  them  out."] 

Mr.  STEPHENS.  I  would  not  kick  them  out.  But  if 
they  chose  to  stay  out,  they  might.  I  think,  moreover, 
•that  these  Northern  States,  being  principally  engaged  in 
manufactures,  would  find  that  they  had  as  much  interest 
in  the  Union  under  the  Constitution  as  we,  and  that  they 
would  return  to  their  constitutional  duty — this  would  be 
my  hope.  If  they  should  not,  and  if  the  Middle  States 
aud  Western  States  do  not  join  us,  we  should  at  least  have 
an  undivided  South  I  am,  as  you  clearly  perceive,  for 
maintaining  the  Union  as  it  is,  if  possible.  I  will  exhaust 
every  means  thus  to  maintain  it  with  an  equality  in  it. 
My  principles  are  these: 

First,  the  maintenance  of  the  honor,  the  rights,  the 
equality,  the  security,  and  the  glory  of  my  native  State 
in  the  Union;  but  if  these  cannot  be  maintained  in  the 
Union,  then  I  am  for  their  maintenance,  at  all  hazards,  out 
of  it.  Next  to  the  honor  and  glory  of  Georgia,  the  land 
of  my  birth,  I  hold  the  honor  and  glory  of  our  common 
country.  In  Savannah  I  was  made  to  say,  by  the  report 
ers — who  very  often  make  me  say  things  which  I  never 
did  say— that  I  was  first  for  the  glory  of  the  whole  coun 
try,  and  next  for  that  of  Georgia. 

I  said  the  exact  reverse  of  this.  I  am  proud  of  her  his 
tory,  of  her  present  standing.  I  am  proud  even  of  her 
motto,  which  I  would  have  duly  respected  at  the  present 
time  by  all  her  sons — Wisdom,  Justice,  and  Moderation. 
I  would  have  her  rights  and  that  of  the  Southern  States 
maintained  now  upon  these  principles.  Her  position  now 
is  just  what  it  was  in  18">0,  with  respect  to  the  Southern 
States.  Her  platform  then  has  been  adopted  by  most,  if 
not  all,  the  other  Southern  States.  Now  I  would  add  but 
one  additional  plank  to  that  platform,  which  I  have  stated, 
and  one  which  time  has  shown  to  be  necessary. 

If  all  this  fails,  we  shall  at  least  have  the  satisfaction 
of  knowing  that  we  have  done  our  duty  and  all  that  pa 
triotism  could  require. 

From  Mr.  STEPHENS'S  speech  in  the  State 
Convention  of  Georgia : 

ThiB  step  (of  secession)  once  taken,  can  never  be  recalled ; 
and  all  the  baleful  and  withering  consequences  that  must 
follow,  will  rest  on  the  convention  for  all  coming  time. 
When  we  and  our  posterity  shall  see  our  lovely  South 
desolated  by  the  demon  of  war,  WHICH  THIS  ACT  OF  YOURS 

WILL     INEVITABLY     INVITE     AND     CALL    FORTH  :    When    OUr 

green  fields  of  waving  harvest  shall  be  trodden  down  by 
the  murderous  soldiery  and  fiery  car  of  war  sweeping 
over  our  land  ;  our  temples  of  justice  laid  in  ashes  ;  all 
the  horrors  and  desolations  of  war  upon  us  :  WHO  BUT 
THIS  CONVENTION  WILL  BE  HELD  RESPONSIBLE  FOR  IT? 
and  who  but  him  who  shall  have  given  his  vote  for  this 
unwise  and  ill-timed  measure,  as  I  honestly  think  and 

believe.     SHALL    BK     HELD    TO    STRICT     ACCOUNT    FOR     THIS 


SUICIDAL  ACT  BY  THK  PRESENT  GENERATION,  AND  PROBABLY 
CURSED    AND    EXECRATED     BY    POSTERITY    FOR    ALL    COMING 

TIMK,  for  the  wide  and  desolating  ruin  that  will  inevi 
tably  follow  this  act  you  now  propose  to  perpetrate? 
Pause,  I  entreat  you,  aud  consider  for  a  moment  what 
reasons  you  can  give  that  will  even  satisfy  yourselves  in 
calmer  moments — what  reasons  you  can  give  to  your 
fellow-sufferers  in  the  calamity  that  it  will  bring  upou 
us.  WHAT  REASONS  CAN  YOU  GIVE  TO  THE  NATIONS  OF 
THE  EARTH  TO  JUSTIFY  IT?  They  will  be  the  calm  and 
deliberate  judges  in  the  case;  and  what  cause  or  one 
overt  act  can  you  name  or  point,  on  which  to  rest  the 
plea  of  justification?  WHAT  RIGHT  HAS  THE  NORTH 
ASSAILED  ?  What  interest  of  the  South  has  been  invaded? 
What  justice  has  been  denied?  and  what  claim  founded 
in  justice  and  right  has  been  withheld  ?  Can  either  of 
y»u  to-day  name  one  governmental  act  of  wrong,  deliber 
ately  and  purposely  done  by  the  government  of  Wash 
ington,  of  which  the  South  has  a  right  to  complain?  I 
hallenge  the  answer.  While,  on  the  other  hand,  let  me 
show  the  facts  (aud  believe  me,  gentlemen,  I  am  not  here 
the  advocate  of  the  North  ;  but  I  am  here  the  friend,  the 
firm  friend,  and  lover  of  the  South  and  her  institutions, 
and  for  this  reason  I  speak  thus  plainly  and  faithfully 
for  yours,  mine,  and  every  other  man's  interest,  the 
words  of  truth  and  soberness),  of  which  I  wish  you  to 
judge,  and  I  will  only  state  facts  which  are  clear  and 
undeniable,  and  which  now  stand  as  records  authentic  in 
the  history  of  our  country.  When  we  of  the  South 
demanded  the  slave-trade,  or  the  importation  of  Africans 
for  the  cultivation  of  our  lands,  did  they  not  yield  the 
right  for  twenty  years  ?  When  we  asked  a  three-fifths 
representation  in  Congress  for  our  slaves,  WH^  it  not 
granted?  When  we  asked  and  demanded  the  reoirn  of 
any  fugitive  from  justice,  or  the  recovery  of  those  persona 
owing  labor  or  allegiance,  was  it  not  incorporated  in  the 
Constitution,  and  again  ratified  and  strengthened  by  the 
Fugitive  Slave  Law  of  1S50?  But  do  you  reply  that  ic 
many  instances  they  have  violated  this  compact,  and 
have  not  been  faithful  to  their  engagements?  As  indi 
vidual  and  local  communities,  they  may  have  done  so; 
but  not  by  the  sanction  of  Government ;  for  that  has 
always  been  true  to  Southern  interests.  Again,  gentle 
men,  look  at  another  act :  when  we  have  asked  that  more 
territory  should  be  added,  that  we  might  spread  the 
institution  of  slavery,  have  they  not  yielded  to  our 
demands  in  giving  us  Louisiana,  Florida  and  Texas,  out 
of  which  four  States  have  been  carved,  and  ample 
territory  for  four  more  to  be  added  in  due  time,  if  you  by 
this  unwise  and  impolitic  act  do  not  destroy  this  hope, 
and.  perhaps,  by  it  lose  all,  and  have  your  last  slave 
wrenched  from  you  by  stern  military  rule,  as  South 
America  and  Mexico  were  ;  or  by  the  vindictive  decree,  of 
a  universal  emancipation,  which  may  reasonably  be 
expected  to  follow  ? 

But,  again,  gentlemen,  what  have  we  to  gain  by  this 
proposed  change  of  our  relation  to  the  General  Govern 
ment?  We  have  always  had  the  control  of  it,  and  can 
yet,  if  we  remain  in  it,  and  are  as  united  as  we  have 
been.  We  have  had  a  majority  of  the  Presidents  chosen 
from  the  South  ;  as  well  as  the  control  and  management 
of  most  of  those  chosen  from  the  North.  We  have  had 
sixty  years  of  Southern  Presidents  to  their  twenty-four, 
thus  controlling  the  Executive  department.  So  of  the 
Judges  of  the  Supreme  Court,  we  have  had  eighteen  from 
the  South,  and  but  eleven  from  the  North  ;  although 
nearly  four-fifths  of  the  judicial  business  has  arisen  in 
the  Free  States,  yet  a  majority  of  the  Court  has  H  \vay« 
been  from  the  South.  This  we  have  required  so  as  to 
guard  against  any  interpretation  of  the  Constitution 
unfavorable  to  us.  In  like  manner  we  have  been  equally 
watchful  to  guard  our  interests  in  the  Legislative  branch 
of  Government.  In  choosing  the  presiding  Presidents 
(pro  tern.)  of  the  Senate,  we  have  had  twenty-four  to  their 
eleven.  Speakers  of  the  House,  we  have  had  twenty- 
three,  and  they  twelve.  While  the  majority  of  the 
Representatives,  from  their  greater  population,  have 
always  been  from  the  North,  yet  we  have  so  generally 
secured  the  Speaker,  because  he,  to  a  great  extent,  shaped 
and  controls  the  legislation  of  the  country.  Nor  have  we 
had  less  control  in  every  other  department  of  the  General 
Government.  Attorney-Generals  we  have  had  fourteen, 
while  the  North  have  had  but  five.  Foreign  ministers 
we  have  had  eighty-six,  and  they  but  fifty-four.  While 
three-fourths  of  the  business  which  dema'nds  diplomatic 
agents  abroad  is  clearly  from  the  Free  States,  from  their 
greater  commercial  interests,  yet  we  hav.-  had  the  prin 
cipal  embassies  so  as  to  secure  the  world-markets  for  our 
cotton,  tobacco,  and  sutrar  on  the  best  possible  terms. 
We  have  had  a  vast  majority  of  the  higher  offices  of  both 
army  and  navy,  while  a  larger  proportion  of  the  soldiers 
and  sailors  were  drawn  from  the  North.  Equally  so  of 
Clerks,  Auditors,  and  Comptrollers  filling  the  Executive 
department,  the  records  show  for  the  last  fifty  years  that 


i 


SECESSION    MOVEMENT    DEVELOPED. 


of  the  three  thousand  thus  employed,  we  have  had  more 
than  two-thirds  of  the  same,  while  we  have  but  one-third 
of  the  white  populatiou  of  the  Republic. 

Again,  look  at  another  item,  and  one,  be  assured,  in 
which  we  have  a  great  and  vital  interest ;  it  is  that  of 
revenue,  or  means  of  supporting  Government.  From 
official  documents,  we  learu  that  a  fraction  over  three- 
fourths  of  the  revenue  collected  for  the  support  of  Gov 
ernment  has  uniformly  been  raised  from  the  North. 

Pause  now  while  yon  can,  gentlemen,  and  contemplate 
carefully  and  candidly  these  important  items.  Look  at 
another  necessary  branch  of  Government,  and  learn  from 
stern  statistical  facts  how  matters  stand  in  that  depart 
ment.  I  mean  the  mail  and  Post-Office  privileges  that 
\ve  now  enjoy  under  the  General  Government  as  it  has 
been  for  years  past.  The  expense  for  the  transportation 
of  the  mail  in  the  Free  States  was,  by  the  report  of  the 
Postmaster-General  for  the  year  1860,  a  little  over 
$18,000,000,  while  the  income  was  $1 9,000,000.  But  in 
the  Slave  States  the  transportation  of  the  mail  was 
$14,716,000,  while  the  revenue  from  the  same  was 
$8,001,026,  leaving  a  deficit  of  $6,704,974,  to  be  supplied 
bv  the  North  for  our  accommodation,  and  without  it  we 
oiust  have  been  entirely  cut  off  from  this  most  essential 
branch  of  Government. 

Leaving  out  of  view,  for  the  present,  the  countless 
millions  of  dollars  you  must  expend  in  a  war  with  the 
North  ;  with  tens  of  thousands  of  your  sons  and  brothers 
slain  in  battle,  and  offered  up  as  sacrifices  upon  the  altar 
of  your  ambition — and  for  what,  we  ask  again?  Is  it  for 
the  overthrow  of  the  American  Government,  established 
by  our  common  ancestry,  cemented  and  built  up  by  their 
sweat  and  blood,  and  founded  on  the  broad  principles  of 
Right,  Justice  and  Humanity?  And,  as  such,  I  must 
declare  here,  as  I  have  often  done  before,  and  which  has 
been  repeated  by  the  greatest  and  wisest  of  statesmen 
and  patriots  in  this  and  other  lands,  that  it  is  the  best 
and  freest  Government — the  most  equal  in  its  rights,  the 
most  just  in  its  decisions,  the  most  lenient  in  its  measures, 
and  the  most  aspiring  in  its  principles  to  elevate  the  race 
of  men,  that  the  sun  of  heaven  ever  shone  upon.  Now,  for 
you  to  attempt  to  overthrow  such  a  Government  as  this, 
under  which  we  have  lived  for  more  than  three-quarters 
of  a  century — in  which  we  have  gained  our  wealth,  our 
standing  as  a  nation,  our  domestic  safety  while  the 
elements  of  peril  are  around  us,  with  peace  and  tran 
quillity  accompanied  with  unbounded  prosperity  and 
rights  unassailed — is  the  height  of  madness,  folly,  and 
wickedness,  to  which  I  can  neither  lend  my  sanction 
nor  my  vote.  (See  note,  p.  622.) 

In  strong  contrast  with  the  doleful  nar 
rative  of  the  South  Carolina  Secessionists, 
are  the  following  extracts  touching  the 
point  of  the  security  and  prosp^rty  of  the 
Slave  system : 

From  the  speech  of  Hon.  JAMES  H. 
HAMMOND,  U.  S.  Senator  from  South  Caro 
lina,  delivered  at  Barnwell  Court  House, 
October  27,  1858. 

From  the  time  that  the  wise  and  good  Las  Casas  first 
introduced  into  America  the  institution  of  African  slavery 
— I  say  institution,  because  it  is  the  oldest  that  exists, 
and  will,  I  believe,  survive  all  others  that  now  flourish — 
it  has  had  its  enemies.  For  a  long  while  they  were 
chiefly  men  of  peculiar  and  eccentric  religious  notions. 
Their  first  practical  and  political  success  arose  from  the 
convulsions  of  the  French  revolution,  which  lost  to  that 
empire  its  best  colony.  Next  came  the  prohibition  of 
the  slave-trade,  the  excitement  of  the  Missouri  compro 
mise  in  this  country,  and  then  the  deliberate  emancipa 
tion  of  the  slaves  in  their  colonies  by  the  British  Gov 
ernment  in  1833-'34.  About  the  time  of  tho  passage  of 
that  act  the  abolition  agitation  was  revived  again  in 
Ihis  country,  and  Abolition  societies  were  formed.  I  re 
member  the  time  well,  and  some  of  you  do  also. 

And  what  then  was  the  state  of  opinion  in  the  South  ? 
Washington  had  emancipated  his  slaves.  Jefferson  had 
bitterly  denounced  tljfc  system,  and  had  done  all  that  he 
could  to  destroy  it.  Our  Clays,  Marshalls,  Crawfords, 
and  many  other  prominent  Southern  men,  had  led  off  in 
the  colonization  scheme.  The  inevitable  effect  in  the 
South  was  that  she  believed  slavery  to  be  an  evil — weak 
ness — disgraceful — nay,  a  sin.  She  shrunk  from  the 
discussion  of  it.  She  cowered  under  every  threat.  She 
attempted  to  apologize,  to  excuse  herself  under  the  plea — 
which  was  true — that  England  had  forced  upon  her:  and 
in  fear  and  trembling  she  awaited  a  doom  that  she  deemed 
inevitable.  But  a  few  bold  spirits  took  the  question 
up  :  they  compelled  the  South  to  investigate  it  anew  and 


thoroughly,  and  what  is  the  result?  Why  it  would  b« 
difficult  to  find  now  a  Southern  man  who  feels  the 
system  to  be  the  slightest  burden  on  his  conscience  ;  who 
does  not,  in  fact,  regard  it  a«  an  equal  advantage  to  the 
master  and  the  slave  elevating  both,  a*  wealth,  streugth , 
and  power,  and  as  one  of  the  main  pillars  and  control 
ling  influences  of  modern  civilization,  and  who  is  not  u.jw 
prepared  to  maintain  it  at  every  hazard.  Such  have  befn 
for  us  the  happy  results  of  this  abolition  discussion. 
So  far  our  gain  has  been  immense  from  this  contest, 
savage  and  malignant  us  it  has  been.  Nay,  we  hav» 
solved  already  the  question  of  emancipation  by  this  re-ex- 
aininatiou  and  exposition  of  the  false  theories  of  religion, 
philanthropy,  and  political  economy  which  embarrassed 
our  fathers  in  their  day. 

With  our  convictions  and  our  strength,  emancipation, 
here  is  simply  an  impossibility  to  man,  whether  by  per 
suasion,  purchase,  or  coercion.  The  rock  of  Gibraltar 
does  not  stand  so  firm  on  its  basis  as  our  slave  system. 
Fora  quarter  of  a  century  it  has  borne  the  brunt  of  a 
hurricane  as  fierce  and  pitiless  as  ever  raged.  At  the 
North  and  in  Europe  they  cried  "havoc,"  and  let  loose 
upon  us  all  the  dogs  of  war.  And  how  stands  it  now? 
Why,  in  this  very  quarter  of  a  century  our  slaves  have 
doubled  in  numbers  and  each  slave  has  more  than 
doubled  in  value.  The  very  negro  who  as  a  prime 
laborer  would  have  brought  $400  in  1828,  would  now, 
with  thirty  more  years  upon  him,  hell  for  $800.  What 
does  all  this  mean  ?  Why,  that  we  ourselves  have 
settled  this  question  of  emancipatoin  against  all  the 
world,  in  theory  and  in  practice,  and  the  world  must 
accept  our  solution. 

From  the  carefully-prepared  speech  of 
Hon.  ALEX.  H.  STEPHENS  of  Georgia,  in 
July,  1859,  after  his  retirement  from  Con 
gress,  and  in  review  of  his  political  course  : 

Nor  am  I  of  the  number  of  those  who  believe  that 
we  have  sustained  any  injury  by  those  agitations.  It  is 
true,  we  were  not  responsible  for  them.  We  were  not  the 
aggressors.  We  acted  on  the  defensive  We  repelled  as 
sault,  calumny,  and  aspersion,  by  argument,  by  reason 
and  truth.  But  so  far  from  the*  institution  of  African, 
slavery  in  our  section  being  weakened  or  rendered  less 
secure  by  the  discussion,  my  deliberate  judgment  is,  that 
it  has  been  greatly  strengthened  and  fortified — strength 
ened  and  fortified  not  only  to  the  opinions,  convictions, 
and  consciences  of  men,  but  by  the  action  of  the  Govern 
ment. 

From  the  Charlottesville  (Va.)  speech  of 
Hon.  ROBERT  M.  T.  HUNTER,  U.  S.  Senator 
from  Virginia,  at  the  Breckinridge  Demo 
cratic  State  Convention,  1860  : 

When  I  first  entered  the  Federal  councils,  which  was 
at  the  commencement  of  Mr.  Van  Buren's  administration, 
the  moral  and  political  status  of  the  slavery  question  was 
very  different  from  what  it  now  is.  Then  the  Southern 
men  themselves,  with  but  few  exceptions,  admitted  sla 
very  to  be  a  moral  evil,  and  palliated  and  excused  it  upon 
the  plea  of  necessity.  Then  there  were  few  men  of  any 
party  to  be  found  in  the  non-slaveholding  States  who  did 
not  maintain  both  the  constitutionality  and  expediency  of 
the  anti-slavery  resolution,  now  generally  known  as  the 
Wilmot  Proviso.  Had  any  man  at  that  day  ventured  the 
prediction  that  the  Missouri  restriction  would  ever  be  re 
pealed,  he  would  have  been  deemed  a  visionary  aud  the 
orist  of  the  wildest  sort.  What  a  revolution  have  we  not 
witnessed  in  all  this  !  The  discussion  aud  the  contest  on 
the  slavery  question  have  gone  on  ever  since,  so  as  to  ab 
sorb  almost  entirely  the  American  mind.  In  many  re 
spects  the  results  of  that  discussion  have  not  been  adverse 
to  us.  Southern  men  no  longer  occupy  a  deprecatory  at~ 
titude  upon  the  question  of  negro  slavery  in  this  country. 
While  they  by  no  means  pretend  that  slavery  is  a  good 
condition  of  things,  under  any  circumstances  and  in  all 
countries,  they  do  maintain  that,  under  the  relations  that 
the  two  races  stand  to  each  other  here,  it  is  best  for  both 
that  the  inferior  should  be  snbjected  to  the  superior.  The 
same  opinion  is  extending  even  to  the  North,  where  it  is 
entertained  by  many,  although  not  generally  accepted. 
As  evideuce,  too,  of  the  growing  change  on  this  subject 
of  the  public  sentiment  of  the  world,  1  may  refer  to  the 
course  of  France  and  Great  Britain  in  regard  to  the  coolie 
and  the  African  apprenticeship  system  introduced  into 
their  colonies.  That  they  are  thus  running  the  slave- 
trade  in  another  form  is  rarely  denied.  It  is  not  to  be 
upposed  that  these  Governments  are  blind  to  the  real  na 
ture  of  this  coolie-trade  ;  and  the  arguments  by  which 
they  dffend  it  already  afford  an  evidence  of  a  growing 
change  in  their  opinions  upon  slavery  in  general. 


SECESSION    MOVEMENT    DEVELOPED. 


27 


From  the  appeal  for  recognition,  made  to 
Earl  Russell,  by  WM.  L.  YANCEY,  P.  A. 
ROST  and  A.  DUDLEY  MANN,  Rebel  Commis 
sioners,  dated: 

No.  15  Half  Moon  Street,  London,  August  14th,  1861. 

It  was  from  no  fear  that  the  Slaves  would  be  liberated 
that  secession  took  place.  The  very  party  in  power  has 
proposed  to  guarantee  slavery  forever  in  the  States,  if  the 
South  would  but  remain  in  the  Union.  Mr.  Lincoln's  mes 
sage  proposes  no  freedom  to  the  slave,  but  announces  sub 
jection  of  his  owner  to  the  will  of  the  Union,  in  other 
words  to  the  will  of  the  North.  Even  after  the  battle  of 
Bull  Run,  both  branches  of  the  Congress  at  Washington 
passed  resolutions  that  the  war  is  only  icaged  in  order  to 
uphold  that  (Pro-Slavery)  Constitution,  and  to  enforce 
he  laws  (many  of  them  Pro-Slavery),  and  out  of  172 
votes  in  the  lower  House  they  received  all  but  two,  and 
in  the  Senate  all  but  one  vote.  As  the  army  commenced 
its  march,  the  commanding-general  issued  an  order  that 
no  slaves  should  be  received  into,  or  allowed  to  follow, 
the  camp. 

The  great  object  of  the  war,  therefore,  as  now  officially 
announced,  is  not  to  free  the  slave,  but  to  keep  him  in 
subjection  to  his  owner,  and  to  control  his  labor  through 
the  legislative  channels  which  the  Lincoln  Government 
designs  to  force  upon  the  master.  The  undersigned,  there 
fore,  submit  with  confidence  that  a.s  far  as  the  anti-sla\  ?ry 
sentiment  of  England  is  concerned,  it  can  have  no  sympa 
thy  with  the  North  :  nay,  it  will  probably  become  disgusted 
with  a  canting  hypocrisy  which  would  enlist  those  sym 
pathies  on  false  pretences.  The  undersigned  are,  however, 
not  insensible  to  the  surmise  that  the  Lincoln  Government 
may,  under  stress  of  circumstances,  change  its  policy,  a 
policy  based  at  present  more  upon  a  wily  view  of  what 
is  to  be  its  effect  in  rearing  up  an  element  in  the  Confed 
erate  States  favorable  to  the  reconstruction  of  the  Union 
than  upon  any  honest  desire  to  uphold  a  Constitution,  the 
main  provisions  of  which  it  has  most  shamelessly  violated. 
But  they  confidently  submit  to  your  Lordship's  consider 
ation  that  success  in  producing  so  abrupt  and  violent  a 
destruction  of  a  system  of  la.bor  which  has  reared  up  so 
vast  a  commerce  between  America  and  the  great  States  of 
Europe,which.  it  is  supposed,  now  gives  bread  to  10,000,000 
of  the  population  of  those  States,  which,  it  may  be  safely 
assumed,  is  intimately  blended  with  the  basis  of  the  grea't 
manufacturing  and  navigating  prosperity  that  distin 
guishes  the  age,  and  probably  not  the  least  of  the  elements 
of  this  prosperity,  would  be  visited  with  results  disastrous 
to  the  world,  as  well  as  to  the  master  and  slave. 

These  Commissioners  made  a  verbal  state 
ment  to  Earl  Russell.  May  4th.  1861,  as  ap 
pears  from  the  despatch  of  the  Earl  to  Lord 
Lyons  : 

Foreign  Office.  May  llth,  1861. 

My  Lord  .-—On  Saturday  last  1  received  at  my  house 
Mr.  Yancey,  Mr.  Mann,  and  Judge  Rost,  the  three  gentle 
men  deputed  by  the  Southern  Confederacy  to  obtain  their 
recognition  as  an  independent  State. 

One  of  these  gentlemen,  speaking  for  the  others,  dilated 
on  the  causes  which  had  induced  the  Southern  States  to 
secede  from  the  Northern.  The  principal  of  these  caus-s 
he  said,  was  not  slavery,  but  the  very  hiph  price,  which 
for  the  sa.ke  of  protecting  the  Northern  manufacturers 
the  South  were  obliged  to  pay  for  the  mnnufactured  (/ood* 
which  they  required.  One  of  the  first  acts  of  the  Southern 
Congress  was  to  reduce  these  duties,  and  to  prove  their 
sincerity  he  gave  as  an  instance  that  Louisiana,  had  given 
up  altogether  that  protection  on  her  sutrar  which  she  en 
joyed  by  the  legislation  of  the  United  States.  As  a  proof 
of  the  riches  of  the  South,  he  stated  that  of  $3.')0,000  000 
of  exports  of  produce  to  foreign  countries,  $27o'ooo'ooo 
were  furnished  by  the  Southern  States. 

I  said  that  I  could  hold  no  official  communication  with 
the  delegates  of  the  Southern  States.  That,  howevpr 
when  the  question  of  recognition  came  to  be  formally  dis 
cussed  there  were  two  points  upon  which  inquirvmust 
be  made-first,  whether  the  body  seeking  recognition  could 
maintain  its  position  as  an  independent  State;  secondly 

witht'eign'sSei1  *"  Pr°P°Sed  tO  ^^  "la«-" 
After  speaking  at  some  length  on  the  first  of  these  points 
and  alluding  to  the  news  of  the  secession  of  Virginia  and 
other  intelligence  favorable  to  their  cause,  these  gentle 
men  called  my  attention  to  the  article  in  their  constitution 
prohib.ting  the  slave-trade.  I  said  that  it  was  alle^d 
very  currently  that  if  the  Slare  States  found  that  they 
could  not  compete  successfully  with  the  cotton  of  other 
countries  they  would  revive  the  slave-trade  for  the  pur 
pose  of  dimmishmg  the  cost  of  production.  They  said 


this  was  a  suspicion  unsupported  by  any  proof.  The  fact 
was,  that  they  had  prohibited  the  slave-trade,  and  did  not 
mean  to  revive  it.  They  pointed  to  the  new  tariff  of  the 
United  States  as  a  proof  that  British  manufacturers  would 
be  nearly  excluded  from  the  North,  and  freely  admitted 
in  the  Soutfc.  Other  observations  were  made,  but  not  of 
very  great  importance. 

The  delegates  concluded  by  stating  that  they  should  re 
main  in  London  for  the  present,  in  the  hope  that  the  recog 
nition  of  the  Southern  Confederacy  would  not  be  long 
delayed.  I  am,  etc.,  J.  RUSSELL. 

To  all  these  arguments  arid  suggestions, 
the  Earl  was  deaf,  and  the  Confederate  States 
of  America  are  still  unrecognized 

Seizures  and  Surrenders,  From  No 
vember  4,  I860,  to  March  4,  1861. 

SOUTH  CAROLINA. 

December  27th,  1860.  Fort  Moultrie  and 
Castle  Pinckney,  light-house  tender  and 
schooner  William  Aiken,  surrendered  by 
Captain  Coste  of  South  Carolina. 

31st.  U.  S.  Arsenal,  Post-Office,  and  Cus- 
tom-House  in  Charleston  ;  arsenal  contain 
ing  seventy  thousand  stand  of  arms,  and 
other  stores. 

January  9th,  1861.  Steamer  Marion  at 
Charleston.  Star  of  the  West  fired  upon. 

April  13th.    Fort  Sumter  surrendered. 

GEORGIA. 

January  2d,  1861.  Forts  Pulaski  and 
Jackson  and  United  States  Arsenal,  by  State 
troops,  under  advice  from  Georgia  members 
of  Congress. 

24th.  Arsenal  at  Augusta,  containing  two 
12-pound  howitzers,  two  cannon,  22,000 
muskets  and  rifles,  and  large  stores  of  pow 
der,  balls,  grape,  etc.  U.  S.  steamer  Ida 
seized. 

February  8th.  Brig  W.  R.  Kibby,  and 
four  other  New  York  vessels,  estimated  at 
.$50,000,  seized  by  order  of  th^  Governor  of 
Georgia,  to  be  held  until  certain  guns  on 
board  the  Monticello,  seized  by  the  police 
of  New  York,  shall  be  delivered  to  the  agents 
of  Georgia.  Collector  of  the  port  of  Sa 
vannah  ordered  by  the  Governor  of  Geor 
gia  to  retain  all  moneys  from  customs  in, 
his  possession,  and  make  no  payment  on 
account  of  the  Federal  Government. 

21st,  Three  New  York  vessels  seized  at 
Savannah  by  order  of  the  Governor. 

FLORIDA. 

January  12th,  1861.  The  Navy  Yard,  and 
Forts  Barrancas  and  McRae,  taken  by  Flori 
da  and  Alabama  troops.  Jan.  7,  Fort  Marion 
and  the  arsenal  at  St.  Augustine.  The  Chat- 
tahoochee  arsenal  taken,  containing  500,000 
rounds  of  musket  cartridges,  300,000  rifle 
cartridges,  and  50,000  pounds  of  gunpowder, 
but  no  arms.  Coast  survey  schooner  F.  W. 
Dana  seized. 

ALABAMA. 

January  4th,  1861.  Fort  Morgan  seized 
by  Mobile  troops,  containing  about  5.000 
shot  and  shell.  Also  Mt,  Vernon  Arsenal, 
containing  20.000  stand  of  arms,  1,50'V 
barrels  of  powder,  (150,000  pounds),  some 
pieces  of  cannon,  and  large  amount  of  inu- 


SECESSION    MOVEMENT    DEVELOPED. 


nitions  01  war.  Captain  Morrison,  of  the 
revenue  cutter  Lewis  Cass,  surrendered  his 
vessel  on  the  demand  of  the  collector  of 
Mobile,  and  subsequently  took  command  of 
it  under  authority  of  the  State. 

MISSISSIPPI. 

January  20th,  1861.  Fort  at  Ship  Island 
seized,  and  the  U.  S.  Hospital  on  the  Mis 
sissippi  river. 

LOUISIANA. 

January  llth,  1861.  Forts  Jackson  and 
St.  Philip,  on  the  Mississippi,  and  Fort  Pike, 
on  Lake  Pontchartrairi,  and  the  arsenal  at 
Baton  Rouge,  seized  by  State  troops.  The 
arsenal  contained  50,000  small  arms,  4  how 
itzers,  20  heavy  pieces  of  ordnance,  2  bat 
teries,  300  barrels  of  powder,  etc.  Also,  U. 
S.  hospital  at  New  Orleans. 

12th.  The  entire  armament  of  the  revenue 
cutter  Lewis  Cass  stored  at  Bellville  Iron 
Works. 

28th.  All  quartermasters'  and  commissary 
stores  in  possession  of  U.  S.  officials.  Reve 
nue  cutter  McClelland  surrendered  by  Cap 
tain  Breshwood. 

February  1st.  Mint  and  Custom-House 
containing  $599,303  in  gold  and  silver. 

TEXAS. 

January  10th,  1861.  U.  S.  guns  and  stores 
seized  on  steamship  Texas  by  Galveston 
troops. 

February  20th.  Forts  Chadbourne  and 
Belknap  seized  by  Texans,  with  all  the  prop 
erty  of  the  Overland  Mail  Company. 

25th.  General  Twiggs  surrendered  all  Gov 
ernment  stores  in  his  command,  after  hear 
ing  that  he  had  been  superseded  in  command 
by  Colonel  Waite.  The  stores  estimated 
at  $1,300,000  I-  value,  consisting  of  $55,000 
in  specie,  35,000  stand  of  arms,  26  pieces  of 
mounted  artillery,  44  dismounted,  ammuni 
tion,  horses,  wagons,  forage,  etc. 

March  2d.  Revenue  cutter  Dodge  seized 
by  Texas  authorities,  in  Galveston  bay. 

6th.  Fort  Brown  surrendered. 

ARKANSAS. 

February  8th,  1861.  Arsenal  at  Litttle 
Rock  seized,  containing  9,000  small  arms,  40 
cannon,  and  quantities  of  ammunition,  etc. 

NORTH  CAROLINA. 

January  8th,  1861.  Forts  Johnson  and 
Oaswell  seized  by  the  State  militia.  Gov 
ernor  Ellis  ordered  them  to  be  surrendered  to 
*he  United  States  authorities,  with  an  inti 
mation  to  the  President  that  if  any  attempt 
should  be  made  to  reinforce  them,  they 
would  be  again  seized  and  held  by  the  State. 

Governor  LETCHER  of  Virginia,  in  his  an 
nual  message  of  December  31st,  1861,  thus 
alluded  to  Fortress  Monroe  : 

"  It  is  to  be  regretted  that  Fortress 
Monroe  is  not  in  our  possession  ;  that  it  was 
not  as  easily  captured  as  the  Navy  Yard 
and  Harper's  Ferry.  As  far  back  as  the 


8th  of  January  last,  I  consulted  with  a 
gentleman  whose  position  enabled  him  to 
know  the  strength  of  that  fortress,  and 
whose  experience  in  military  matters  en 
abled  him  to  form  an  opinion  as  to  the 
number  of  men  that  would  be  required  to 
capture  it.  He  represented  it  to  be  one  of 
the  strongest  fortifications  in  the  world,  and 
expressed  his  doubts  whether  it  could  be 
taken,  unless  assailed  by  water  as  well  as  by 
land,  and  simultaneously.  He  stated,  em 
phatically  and  distinctly,  that  with  the  force 
then  in  the  fortress,  it  would  be  useless  to 
attempt  its  capture  without  a  large  force 
thoroughly  equipped  and  well  appointed. 
At  no  time  previous  to  the  secession  of 
Virginia  had  we  a  military  organization 
sufficient  to  justify  an  attempt  to  take  it, 
and  events  since  that  occurrence  demon 
strate  very  clearly  that  with  our  military 
organization  since,  and  nowr  existing,  it  has 
not  been  deemed  prudent  to  make  the 
attempt." 

Mr.  Buchanan's  Cabinet. 

December  12th,  1860.  LEWIS  CASS  resigned 
as  Secretary  of  State,  because  the  President 
declined  to  reinforce  the  forts  in  Charleston 
harbor.  December  17th.  JEREMIAH  S.  BLACK 
was  appointed  his  successor. 

December  10th.  HOWELL  COBB  resigned 
as  Secretary  of  the  Treasury — "  his  duty  to 
Georgia  requiring  it. "  December  12th. 
PHILIP  F.  THOMAS  appointed  his  successor, 
and  resigned,  January  llth,  1861,  because 
differing  from  the  President  and  a  majority 
of  the  cabinet,  "  in  the  measures  which  have 
been  adopted  in  reference  to  the  recent  con 
dition  of  things  in  South  Carolina, "  espe 
cially  "  touching  the  authority,  under  exist 
ing  laws,  to  enforce  the  collection  of  the  cus 
toms  at  the  port  of  Charleston.  "  January 
llth,  1861.  JOHN  A.  Dix  appointed  his  suc 
cessor. 

29th.  JOHN  B.  FLOYD  resigned  as  Secre 
tary  of  War,  because,  after  the  transfer  of 
Major  Anderson's  command  from  Fort  Moul- 
trie  to  Fort  Sumter,  the  President  declined 
"  to  withdraw  the  garrison  from  the  harbor 
of  Charleston  altogether. " 

December  31st.  JOSEPH  HOLT,  Postmas 
ter-General,  was  entrusted  with  the  tempo 
rary  charge  of  the  War  Department,  and 
January  18th,  1861,  was  appointed  Secre 
tary  of  War. 

January  8th,  1861.  JACOB  THOMPSON  re 
signed  as  Secretary  of  the  Interior,  because 
"  additional  troops,  he  had  heard,  have  been 
ordered  to  Charleston"  in  the  Star  of  the 
West. 

December  17th,  1860.  JEREMIAH  S.  BLACK 
resigned  as  Attorney-General,  and  EDWIN 
M.  STANTON,  December  20th,  was  appointed 
his  successor. 

January  18th,  1861.  JOSEPH  HOLT  re 
signed  as  Postmaster-General,  and  HORATIO 
KING,  February  12th,  1861,  was  appointed 
his  successor. 


SECESSION    MOVEMENT    DEVELOPED. 


29 


Correspondence  between  President 
Buchanan  and  the  "Commissioners  " 
of  South  Carolina. 

The  "Commissioners"  to  the  President. 
Washington,  Dec.  28th,  1860. 

SIR  :  We  have  the  honor  to  transmit  to 
you   a   copy   of  the   full    powers   from  the 
Convention  of  the  people  of  South  Carolina,  j 
under   which  we  are   "authorized   and  em- ' 
powered  to  treat  with  the  Government  of 
the  United  States  for  the  delivery  of  the  | 
forts,    magazines,    lighthouses,    and    other  j 
real  estate,  with  their  appurtenances,  in  the 
limits  of  South  Carolina ;   and  also  for  an  I 
apportionment  of  the  public  debt,  and  for  a 
division  of  all  other  property  held  by  the  j 
Government  of  the  United  States  as  agent  j 
of  the  Confederated  States  of  which  South  j 
Carolina  was  recently  a  member,  and  gen-  j 
erally  to  negofiote  as  to  all  other  measures  ! 
and  arrangements  proper  to  be  made  and  j 
adopted  in  the  existing  relation  of  the  par-  i 
ties,  and  for  the  continuance  of  peace  and 
amity  between  this  Commonwealth  and  the  I 
Government  at  Washington." 

In  the  execution  of  this  trust,  it  is  our  ' 
duty  to  furnish  you.  as  we  now  do.  with  an 
official  copy  of  the  Ordinance  of  Secession  I 
by  which  the  State  of  South  Carolina  has  I 
resumed  the  powers  she  delegated  to  the  j 
Government  of  the  United  States,  and  has  i 
declared  her  perfect  sovereignty  and  inde- 1 
pendence. 

It  would  also  have  been  our  duty  to  have  '• 
informed  you  that  we  were   ready  to   ne-  > 
gotiate  with  you  upon  all  such  questions  as  \ 
are  necessarily  raised  by  the  adoption  of  j 
this  ordinance,  and  that  we  were  prepared 
to   enter   upon  this    negotiation   with   the  ; 
earnest  desire  to  avoid  all  unnecessary  and 
hostile  collision,  and  so  to  inaugurate  our 
new  relations  as  to  secure  mutual  respect, 
general  advantage,  and  a  future  of  good-will  I 
and   harmony  beneficial  to  all  the  parties  j 
concerned.      But    the    events   of    the   last ! 
twenty-four  hours  render  such  an  assurance  j 
impossible. 

We  came  here  the  representatives  of  an 
authority  which  could,  at  any  time  within 
the  past  sixty  days,  have  taken  posses 
sion  of  the  forts  in  Charleston  harbor,  but 
which,  upon  pledges  given  in  a  manner  that 
we  cannot  doubt,  determined  to  trust  to 
your  honor  rather  than  to  its  own  power. 
Since  our  arrival  here,  an  officer  of  the  United 
States,  acting,  as  we  are  assured,  not  only 
without,  but  against  your  orders,  has  dis 
mantled  one  fort  and  occupied  another; 
thus  altering,  to  a  most  important  extent, 
the  condition  of  affairs  under  which  we  came. 

Until  the  circumstances  are  explained  in 
a  manner  which  relieves  us  of  all  doubt  as 
to  the  spirit  in  which  these  negotiations 
shall  be  conducted,  we  are  forced  to  suspend 
all  discussion  as  to  any  arrangements  by 
which  our  mutual  interests  might  be  ami 
cably  adjusted. 


And,  in  conclusion,  we  would  urge  upon 
you  the  immediate  withdrawal  of  the  troops 
from  the  harbor  of  Charleston.  Under 
present  circumstances  they  are  a  standing 
menace  which  renders  negotiation  impos 
sible,  and,  as  our  recent  experience  shows, 
threatens  speedily  to  bring  to  a  bloody  issue 
questions  which  ought  to  be  settled  with 
temperance  and  judgment. 

We  have  the  honor  to  be,  very  respect 
fully,  your  obedient  servants, 

R.  W.  BARNWELL, 
J.  H.  ADAMS, 
JAMES  L.  ORR, 

Commissioners. 
To  the  President  of  the  United  States. 

The  President  to  the  "  Commissioners." 
Washington,  December  30th,  1860. 

GENTLEMEN  :  I  have  had  the  honor  to  re 
ceive  your  communication  of  the  28th  inst., 
together  with  a  copy  of  "your  full  powers 
from  the  Convention  of  the  people  of  South 
Carolina."  authorizing  you  to  treat  with  the 
Government  of  the  United  States  on  various 
important  subjects  therein  mentioned,  and 
also  a  copy  of  the  Ordinance,  bearing  date 
on  the  20th  inst..  declaring  that  "  the  Union 
now  subsisting  between  South  Carolina  and 
other  States,  under  the  name  of  the  United 
States  of  America,  is  hereby  dissolved." 

In  answer  to  this  communication,  I  have 
to  say  that  my  position  as  President  of  the 
United  States  was  clearly  defined  in  the 
message  to  Congress  on  the  3d  inst.  In  that 
I  stated  that  "  apart  from  the  execution  of 
the  laws,  so  far  as  this  may  be  practicable, 
the  Executive  has  no  authority  to  decide 
what  shall  be  the  relations  between  the 
Federal  Government  and  South  Carolina. 
He  has  been  invested  with  no  such  discre 
tion.  He  possesses  no  power  to  change 
the  relations  heretofore  existing  between 
them,  much  less  to  acknowledge  the  inde 
pendence  of  that  State.  This  would  be  to 
invest  a  mere  executive  officer  with  the 
power  of  recognizing  the  dissolution  of  the 
Confederacy  among  our  thirty-three  sover 
eign  States.  It  bears  no  resemblance  to  the 
recognition  of  a  foreign  de  facto  Govern 
ment,  involving  no  such  responsibility.  Any 
attempt  to  do  this  would,  on  his  part,  be  a 
naked  act  of  usurpation.  It  is,  therefore, 
my  duty  to  submit  to  Congress  the  whole 
question  in  all  its  bearings." 

Such  is  my  opinion  still.  I  could,  there 
fore,  meet  you  only  as  private  gentlemen  of 
the  highest  character,  and  was  entirely 
willing  to  communicate  to  Congress  any 
proposition  you  might  have  to  make  to  that 
body  upon  the  subject.  Of  this  you  were  well 
aware.  It  was  my  earnest  desire  that  such 
a  disposition  might  be  made  of  the  whole 
subject  by  Congress,  who  alone  possess  the 
power,  as  to  prevent  the  inauguration  of  a 
civil  war  between  the  parties  in  regard  to 
the  possession  of  the  Federal  forts  in  the 
harbor  of  Charleston,  and  I  therefore  deeply 


SECESSION    MOVEMENT    DEVELOPED. 


regret  that,  in  your  opinion,  "  the  events  of 
the  last  twenty-four  hours  render  this  im 
possible." 

In  conclusion,  you  urge  upon  me  the  "  im 
mediate  withdrawal  of  the  troops  from  the 
harbor  of  Charleston."  stating  that  "under 
present  circumstances  they  are  a  standing 
menace  which  renders  negotiation  impos 
sible,  and,  as  our  recent  experience  shows, 
threatens  speedily  to  bring  to  a  bloody  issue 
questions  which  ought  to  be  settled  with 
temperance  and  judgment." 

The  reason  for  this  change  in  your  po 
sition  is,  that  since  your  arrival  in  Wash 
ington,  "an  officer  of  the  United  States, 
acting,  as  we,  (you)  are  assured,  not  only 
without,  but  against  your  (my)  orders,  has 
dismantled  one  fort  and  occupied  another— 
thus  altering  to  a  most  important  extent 
the  condition  of  affairs  under  which  we 
(you)  came."  You  also  allege  that  you 
came  here  "  the  representatives  of  an  au 
thority  which  could,  at  any  time  within  the 
past  sixty  days,  have  taken  possession  of 
the  forts  in  Charleston  harbor,  but  which, 
upon  pledges  given  in  a  manner  that  we 
(you)  cannot  doubt,  determined  to  trust  to 
your  (my)  honor  rather  than  to  its  power." 
This  brings  me  to  a  consideration  of  the 
nature  of  those  alleged  pledges,  and  in  what 
manner  they  have  been  observed. 

In  my  message  of  the  3d  of  December 
last,  I  stated,  in  regard  to  the  property  of 
the  United  States  in  South  Carolina,  that  it 
"  has  been  purchased  for  a  fair  equivalent, 
by  the  consent  of  the  Legislature  of  the 
State,"  for  the  erection  of  forts,  magazines, 
arsenals,  £c.,  and  over  these  the  authority 
"  to  exercise  exclusive  legislation  "  has  been 
expressly  granted  by  the  Constitution  to 
Congress.  It  is  not  believed  that  any  at 
tempt  will  be  made  to  expel  the  United 
States  from  this  property  by  force ;  but  if 
in  this  I  should  prove  to  be  mistaken,  the 
officer  in  command  of  the  forts  has  received 
orders  to  act  strictly  on  the  defensive.  In 
such  a  contingency,  the  responsibility  for 
consequences  would  rightfully  rest  upon  the 
heads  of  the  assailants. 

This  being  the  condition  of  the  parties, 
on  Saturday.  8th  December,  four  of  the 
Representatives  from  South  Carolina  called 
upon  me  and  requested  an  interview.  We 
had  an  earnest  conversation  on  the  subject 
of  these  forts,  and  the  best  means  of  pre 
venting  a  collision  between  the  parties,  for 
the  purpose  of  sparing  the  effusion  of  blood. 
I  suggested,  for  prudential  reasons,  that  it 
would  be  best  to  put  in  writing  what  they 
said  to  me  verbally.  They  did  so  accord 
ingly,  and  on  Monday  morning,  the  10th 
instant,  three  of  them  presented  to  me  a 
paper  signed  by  all  the  Representatives 
from  South  Carolina,  with  a  single  excep 
tion,  of  which  the  following  is  a  copy : 


Washington,  December  9th,  1860. 
11  To  His  Excellency  James  Buchanan,  Presi 
dent  of  the   United  States  : 
"  In  compliance  with  our  statement  to  you 
yesterday,  we  now  express  to  you  our  strong 
convictions    that    neither    the    constituted 
authorities,  nor  any  body  of  the  people  of 
the   State   of   South   Carolina,   will   either 
( attack  or  molest  the  United  States  forts  in 
|  the  harbor  of  Charleston,  previously  to  the 
action  of  the  Convention,  and  we  hope  and 
believe   not  until   an  offer  has  been  made 
I  through  an  accredited  representative  to  ne- 
j  gotiate  for  an  amicable  arrangement  of  all 
|  matters  between  the  State  and  the  Federal 
;  Government ;    provided    that  no   reinforce- 
|  ments  shall  be  sent  into  those  forts  and  their 
relative  military  status  shall  remain  as  at 
!  present.  JOHN  McQuEEN, 

M.  L.  BONHAM, 

W.  W.  BOYCE, 
LAWREXCE  M.  KEITT." 
And  here  I  must,  in  justice  to  myself, 
remark  that  at  the  time  the  paper  was  pre 
sented  to  me  I  objected  to  the  word  "  pro 
vided,"  as  it  might  be  construed  into   an 
agreement  on  my  part,  which  I  never  would 
make.     They  said  that  nothing  was  farther 
from  their  intention ;  they  did  not  so  under 
stand  it,  and  I  should  not  so  consider  it. 
It  is  evident  they  could  enter  into  no  re 
ciprocal  agreement  with  me  on  the  subject. 
They  did  not  profess  to  have  the  authority 
to  do  this,  and  were  acting  in  their  individ- 
jual  character.     I  considered  it  as  nothing 
more,  in  effect,  than  the  promise  of  highly 
honorable  gentlemen  to  exert  their  influence 
for  the  purpose  expressed.     The  event  has 
proven  that  they  iiave  faithfully  kept  this 
promise,  although  I   have  never  since  re 
ceived  a  line  from  any  one  of  them  nor  from 
any  member  of  the  Convention  on  the  sub 
ject.     It  is  well  known  that  it  was  my  de 
termination,  and  this  I  freely  expressed,  not 
to  reinforce   the  forts  in   the  harbor,  and 
thus   produce   a   collision,   until    they   had 
been  actually  attacked  or  until  I  had  certain 
evidence  that  they  were   about   to   be   at 
tacked.      This  paper  I  received  most  cor 
dially,  and  considered  it  as  a  happy  omen 
that  peace  might  be  still  preserved,  and  that 
•  time   might  be   thus   given   for  reflection. 
|  This  is  the  whole  foundation  for  the  alleged 
|  pledge. 

But  I  acted  in  the  same  manner  as  I 
would  have  done  had  I  entered  into  a  posi 
tive  and  formal  agreement  with  parties 
capable  of  contracting,  although  such  an 
agreement  would  have  been  on  my  part, 
from  the  nature  of  my  official  duties,  im 
possible.  The  world  knows  that  I  have 
never  sent  any  reinforcements  to  the  forts 
in  Charleston  harbor,  and  I  have  certainly 
never  authorized  any  change  to  be  made 
"  in  their  relative  military  status."  Bearing 
upon  this  subject,  I  refer  you  to  an  order 
issued  by  the  Secretary  of  War,  on  the  llth 
instant,  to  Major  Anderson,  but  not  brought 


to  my  notice  until  the  21st  instant, 
follows  : 

'•Memorandum  of  verbal  instructions  to 
Major  Anderson,  First  Artillery,  com 
manding  Fort  Moultrie,  South  Carolina. 


SECESSION'    MOVEMENT    DEVELOPED. 


It  is  as 


Be  this  as  it  may,  when  I  learned  that 
Major  Anderson  had  left  Fort  Moultrie  iti 
proceeded  to  Fort  Sumter,  my  first  prompt 
ings  were  to  command  him  to  return  to  his 
former  position,  and  there  to  await  the  con 
tingencies  presented  in  his  instructions. 

You  are  aware  of  the  great  anxiety  of  |  This  could  only  have  been  done  with  any 

degree  of  safety  to  the  command  by  the 


the  Secretary  of  War  that  a  collision  of  the 

troops  with  the  people  of  this  State  shall  be  j  concurrence  of  the  South  Carolina  author)- 
avoided,  and  of  his  studied  determination  to  ]  ties.  But  before  any  step  could  possibly 
pursue  a  course  with  reference  to  the  force  j  have  been  taken  in  this  direction,  we  re 
ceived  information  that  the  "Palmetto  flag 
floated  out  to  the  breeze  at  Castle  Pinckney, 
and  a  large  military  force  went  over  last 
night  (the  27th)  to  Fort  Moultrie."  Thus 
the  authorities  of  South  Carolina,  without 
waiting  or  asking  for  any  explanations,  and 
doubtless  believing,  as  you  have  expressed 
j  it,  that  the  officer  had  acted  not  only  with 
out  but  against  my  orders,  on  the  very  next 
day  after  the  night  when  the  removal  was 
made,  seized,  by  a  military  force,  two  of  the 
three  Federal  forts  in  the  harbor  of  Charles 
ton,  and  have  covered  them  under  their 
own  flag  instead  of  that  of  the  United 
States. 

At  this  gloomy  period  of  our  history, 
startling  events  succeed  each  other  rapidly. 
On  the  very  day,  the  27th  instant,  that 
possession  of  these  two  forts  was  taken,  the 
Palmetto  flag  was  raised  over  the  Federal 
custom-house  and  post-office  in  Charleston  ; 


and  forts  in  this  harbor  which  shall  guard 
-against  such  a  collision.  He  has  therefore 
carefully  abstained  from  increasing  the  force 
at  this  point,  or  taking  any  measure  which 
might  add  to  the  present  excited  state  of 
the  public  mind,  or  which  would  throw  any 
<loubt  on  the  confidence  he  feels  that  South 
Carolina  will  not  attempt  by  violence  to 
obtain  possession  of  the  public  works,  or 
interfere  with  their  occupancy. 

"  But,  as  the  counsel  and  acts  of  rash  and 
impulsive  persons  may  possibly  disappoint 
these  expectations  of  the  Government,  he 
deems  it  proper  that  you  should  be  prepared 
with  instructions  to  meet  so  unhappy  a 
contingency.  He  has,  therefore,  directed 
me  verbally  to  give  you  such  instructions. 

"You  are  carefully  to  avoid  every  act 
which  would  needlessly  tend  to  provoke 
aggression,  and  for  that  reason  you  are  not, 
without  necessity,  to  take  up  any  position 
which  could  be  construed  into  the  assump 
tion  of  a  hostile  attitude ;  but  you  are  to 
hold  possession  of  the  forts  in  this  harbor, 
and,  if  attacked,  you  are  to  defend  yourself 
to  the  last  extremity.  The  smallness  of 
your  force  will  not  permit  you,  perhaps,  to 
occupy  more  than  one  of  the  three  forts ; 
but  an  attack  on  or  attempt  to  take  pos 
session  of  either  of  them  will  be  regarded 
as  an  act  of  hostility,  and  you  may  then  put 
your  command  into  either  of  them  which 
you  may  deem  most  proper  to  increase  its 
power  of  resistance.  You  are  also  author 
ized  to  take  similar  steps  whenever  you  have 
tangible  evidence  of  a  design  to  proceed  to 
a  hostile  act.  I).  P.  BUTLER. 

"Assistant  Adjutant-General. 

"Fort  Moultrie,  (S.  C.}  Dec.  llth,  1860. 

"  This  is  in  conformity  to  my  instructions 
to  Major  Buell. 

"  JOHN  B.  FLOYD,  Secretary  of  War." 

These  were  the  last  instructions  trans 
mitted  to  Major  Anderson  before  his  re 
moval  to  Fort  Sumter,  with  a  single  excep 
tion,  in  regard  to  a  particular  which  does 
not  in  any  degree  affect  the  present  question. 

Under  these  circumstances  it  is  clear  that 
Major  Anderson  acted  upon  his  own  re 
sponsibility,  and  without  authority, — unless, 
indeed,  he  "had  tangible  evidence  of  a 
design  to  proceed  to  a  hostile  act"  on  the 
part  of  the  authorities  of  South  Carolina, 
which  has  not  yet  been  alleged.  Still  he  is 
a  brave  and  honorable  officer,  and  justice 
requires  that  he  should  not  be  condemned 
w;  thout  a  fair  hearing. 


and  on  the   same 


day  every 


officer  of  the 


customs — Collector,  Naval  Officer,  Surveyor 
and  Appraiser — resigned  their  offices.  And 
this,  although  it  was  well-known  from  the 
language  of  my  message  that  as  an  ex 
ecutive  officer  I  felt  myself  bound  to  collect 
the  revenue  at  the  port  of  Charleston  under 
the  existing  laws.  In  the  harbor  of  Charles 
ton  we  now  find  three  forts  confronting  each 
other,  over  all  of  which  the  Federal  flag  float 
ed  four  days  ago ;  but  now,  over  two  of  them 
this  flag  has  been  supplanted,  and  the  Pal 
metto  flag  has  been  substituted  in  its  stead. 

It  is  under  these  circumstances  that  I  am 
urged  immediately  to  withdraw  the  troops 
from  the  harbor  of  Charleston,  and  I  am 
informed  that  without  this  negotiation  is 
impossible.  This  I  cannot  do;  this  I  will 
not  do.  Such  an  idea  was  never  thought 
of  by  me  in  any  possible  contingency.  No 
such  allusion  had  been  made  in  any  com 
munication  between  myself  and  any  human 
being. 

But  the  inference  is  that  I  am  bound  to 
withdraw  the  troops  from  the  only  fort  re 
maining  in  the  possession  of  the  United 
States  in  the  harbor  of  Charleston,  because 
the  officer  there  in  command  of  all  the  forts 
thought  proper,  without  instructions,  to 
change  his  position  from  one  of  them  to 
another. 

At  this  point  of  writing,  I  have  received 
information  by  telegraph  from  Capt.  Hum 
phreys,  in  command  of  the  arsenal  at 
Charleston,  that  "it  has  to-day 
the  30th)  been  taken  by  for,-e  of  arms." 


32 


SECESSION    MOVEMENT    DEVELOPED. 


is    estimated    that  the   munitions   of  war  ( your  attempt  to  retain  possession  of  that 
belonging  to  the  Unitecl  States  in  this  arsenal   fort  will  cause,  and  which  will  be  unavailing 

to  secure  you  that  possession,  but  induce  a 
calamity  most   deeply  to  be  deplored.     If 


are  worth  half  a  million  of  dollars. 

Comment  is  needless.  After  this  infor 
mation,  I  have  only  to  add  that,  whilst  it  is 
my  duty  to  defend  Fort  Sumter  as  a  portion 
of  the  public  property  of  the  United  States 
against  hostile  attacks,  from  whatever  quar 
ter  they  may  come,  by  such  means  as  I  may 
possess  for  this  purpose,  I  do  not  perceive 
how  such  a  defence  can  be  construed  into  a 
menace  against  the  city  of  Charleston.  j  munication.  is  authorized  to  give  you  the 

With   great    personal    regard,   I   remain  I  pledge  of  the   State  that  the  valuation  of 
yours,  very  respectfully,  I  such  property  will  be  accounted  for  by  this 

JAMES  BUCHANAN.      !  State,  upon  the  adjustment  of  its  relations 


*piy 

consequences  so  unhappy  shall  ensue,  I  will 
secure  for  this  State,  in  the  demand  which  I 
now  make,  the  satisfaction  of  having  ex 
hausted  every  attempt  to  avoid  it. 

"  In  relation  to  the  public  property  of  tne 
United  States  within  Fort  Sumter  the  Hon. 
I.  W.  HAYNE,  who  will  hand  you  this  corn- 


To   Honorable  Robert   W.  Barnwell,  James 

H.  Adams,  James  L.  Orr. 
January  1st,  1861.  The  "  Commissioners" 
replied  at  length,  alleging,  with  reference  to 
the  President's  declaration,  that  he  could 
not  withdraw  the  troops  from  Charleston 
harbor,  that  he  had  in  conversation  left  a 
different  impression  upon  their  minds  and 
the  minds  of  others  who  had  approached 
him  on  that  subject,  and  generally  reflecting 
upon  the  motives  of  the  President.  This 

?aper,  Mr.  BUCHANAN  "declined  to  receive." 
n  the  State  Convention  of  South  Carolina, 
December  19th,  1860,  upon  a  proposition  of 
Mr.  MAGKATH  to  appoint  a  committee  to  con 
sider  the  relations  of  the  State  to  ihe  forts, 
Mr.  W.  PORCHER  MILES  alluded  to  the  inter 
view  between  the  President  and  the  South 
Carolina  representatives  in  Congress  relative 
to  the  forts,  and  "expressed  his  solemn 
opinion  that  the  President  was  not  going  to 
attempt  to  reinforce  those  forts."  Subse 
quently  Mr.  MILES  and  Mr.  KEITT  made  to 
the  Convention  a  written  statement  sustain 
ing  the  offensive  allegations  of  the  Commis 
sioners  as  to  the  President's  good  faith  to 
them.  These  papers  are  too  long  for  inser 
tion,  and  have  but  limited  importance. 

Further  demand  of  South  Carolina 

for  Fort  Sumter. 

January  llth,  1861.  F.  W.  Pickens,  Gover 
nor  of  South  Carolina,  demanded  of  Major 
Anderson  the  surrender  of  Fort  Sumter  to  the 
authorities  of  the  State  of  South  Carolina, 
to  prevent  a  "  waste  of  life."  Same  day 
Major  Anderson  replied,  announcing  his  re 
fusal,  but  suggesting  that  if  at  any  time 
prior  to  a  resort  to  arms,  the  Governor 
should  deem  fit  to  "refer  this  matter  to 
Washington,"  he  could  with  much  pleasure 


with  the  United  States,  of  which  it  was  a. 
part.  "  F.  W.  PICKENS. 

"  To  the  President  of  the  United  States." 

Upon  Colonel  Hayne's  arrival,  ten  U.  S. 
Senators  "  from  States  which  have  already 
seceded  from  the  United  States,  or  will  have 
done  so  before  the  first  of  February  next/'* 
requested  that  he  should  not  present  his  de 
mand  until  these  States  should  have  formed 
a  Confederacy.  Meanwhile,  they  offered  to 
propose  to  the  President,  that  Fort  Sumter 
should  not  be  reinforced  in  the  meantime. 
To  this  Colonel  Hayne  consented,  and  the 
Senators  proposed  this  arrangement,  which 
the  President  declined  through  Hon.  JOSEPH 
HOLT,  Secretary  of  War,  as  follows  : 

War  Department,  January  22d,  1861. 
To  the    Honorable    Benjamin  Fitzpatrick, 

S.  R.  Mallory  and  John  Slidell. 

GENTLEMEN  :  The  President  has  received 
your  communication  of  the  19th  instant, 
with  the  copy  of  a  correspondence  between 
yourselves  and  others,  "  representing  States 
which  have  already  seceded  from  the  United 
States,  or  will  have  done  so  before  the  first 
of  February  next,"  and  Colonel  Isaac  W. 
Hayne,  of  South  Carolina,  in  behalf  of  the 
Government  of  that  State,  in  relation  to 
Fort  Sumter  ;  and  you  ask  the  President 
"  to  take  into  consideration  the  subject  of 
that  correspondence."  With  this  request  he- 
has  complied,  and  has  directed  me  to  com 
municate  his  answer. 

In  your  letter  to  Col.  Hayne  of  the  15th 
instant,  you  propose  to  him  to  defer  the  de 
livery  of  a  message  from  the  Governor  of 
South  Carolina  to  the  President,  with  which 
he  has  been  entrusted  for  a  few  days,  or 
until  the  President  and  Col.  Hayne  shall 
have  considered  the  suggestions  which  you 
submit.  It  is  unnecessary  to  refer  specially 


Governor's  messenger.  Same  day,  Governor 
Pickens  deputed  Hon.  Isaac  W.  Hayne, 
Attorney-Generfd  of  the  State,  to  proceed  to 
Washington,  ,°nd  demand  from  the  Presi- 


these  suggestions,    because  the    letter 
addressed  to  you  by  Col.  Hayne,  of  the  17th 


instant,  presents  a  clear  and  specific  answer 
to  them.  In  this  he  says :  "  I  am  not 
clothed  with  power  to  make  the  arrange- 


-  .-til*  f»  -n  A  C+  A.  A  Jl  V»W*»W*  TVJ.VA,*.  |^V/    »»    X^i  WV  J_U.U>U.V/  IJ..I.V;          Ulltlrll^t      - 

dent   the   deb  very  of  Fort   Sumter   to  the  |  ment  suggest;    but  provided  you  can 

constituted  authorities  of  South  Carolina, 
adding : 

The  demand  I  have  made  of  Major  An- 


derson, 


which  I  now  make  of  you,  is 


6ugge?tf;d  because  of  my  earnest  desire  to 
avoid  the  bloodshed  which  a  persistence  in 


*  Being : 


Johu  Hemphill, 
D.  L.  Ynlee, 
R.  Mallory, 


Texas. 


C.  C.  Clay,  Jr., 
Benjamin  Fitzpatrick 
A.  Iverson,  Georgia. 


John  Slidell, 


Jefferson  Davis,  Mississippi,   J.  F.  Benjamin, 


La. 


SECESSION    M^VEMENT   DEVELOPED. 


33 


get  assurances,  with  which  you  are  entirely 
satisfied,  that  no  reinforcements  will  be  sent 
to  Fort  Sumter  in  the  interval,  and  that  the  \ 
public  peace  will  not  be  disturbed  by  any  ! 
act  of  hostility  towards  South  Carolina,  I 
will  refer  your  communication  to  the  autho 
rities  of  South  Carolina,  and,  withholding 
the  communication  with  which  I  am  at  pre 
sent  charged,  will  await  further  instructions." 

From  the  beginning  of  the  present  un 
happy  troubles,  the  President  has  endeav- ; 
ored    to   perform  his   Executive  duties    in 
such  a  manner  as  to  preserve  the  peace  of  j 
the  country  and  to  prevent  bloodshed.    This  ; 
is  still  his  fixed  purpose.     You,   therefore,  j 
do  him  no  more  than  justice  in  stating  that ! 
you  have  assurances   (from  his  public  mes 
sages,  I  presume)  that  ''notwithstanding  the  j 
circumstances  under  which  Major  Anderson  | 
left  Fort  Moultrie  and  entered  Fort  Sumter  j 
with  the  forces  under  his  command,  it  was 
not  taken  and  is  not  held  with  any  hostile  or  j 
unfriendly  purpose  towards  your  State,  but 
merely  as  property  of  the  United   States, 
which  the  President  deems  it  his  duty  to 
protect  and  preserve,"   you  have  correctly  j 
stated  what  the  President  deems  to  be  his 
duty.     His   whole   object  now  is   and  has  • 
been,  to  act  strictly  on  the  defensive,  and  to 
authorize  no  movement  against  the  people 
of  South  Carolina,   unless  clearly  justified 
by  a  hostile  movement  on  their  part.     He 
oould  not  have  given  a  better  proof  of  his 
desire  to  prevent  the  effusion  of  blood  than 
-y  forbearing  to  resort  to  the  use  of  force 
•under  the  strong  provocation  of  an  attack 
'happily  without  a  fatal  result)   on  an  un 
armed  vessel  bearing  the  flag  of  the  United 
States. 

I  am  happy  to  observe  that,  in  your  letter 
to  Col.  Hayne,  you  express  the  opinion  that 
it  is  "  especially  due  from  South  Carolina  to 
our  States,  to  say  nothing  of  other  slave- 
holding  States,  that  she  should,  as  far  as  she 
can  consistently  with  her  honor,  avoid  ini 
tiating  hostilities  between  her  and  the  United 
States,  or  any  other  Power."  To  initiate 
such  hostilities  against  Fort  Sumter  would, 
beyond  question,  be  an  act  of  war  against  the 
United  States. 

In  regard  to  the  proposition  of  Col. 
Hayne,  "  that  no  reinforcements  will  be  sent 
to  Fort  Sumter  in  the  interval,  and  that  the 
public  peace  will  not  be  disturbed  by  any 
act  of  hostility  towards  South  Carolina,"  it 
is  impossible  for  me  to  give  you  any  such 
assurances.  The  President  has  no  authority 
to  enter  into  such  an  agreement  or  under 
standing.  As  an  executive  officer,  he  is 
simply  bound  to  protect  the  public  property, 
so  far  as  this  may  be  practicable;  and  it  would 
be  a  manifest  violation  of  his  duty  to  place 
hims.;lf  under  engagements  that  he  would 
not  perform  this  duty  either  for  an  indefinite 
or  a  limited  period.  At  the  present  mo 
ment,  it  is  not  deemed  necessary  to  reinforce 
M*-jor  Anderson,  because  he  makes  no  such  , 
request,  and  feels  quite  secure  in  his  posi- ! 
o 


don.  Should  his  safety,  however,  requite 
reinforcements,  every  effort  will  be  made  to 
supply  them. 

In  regard  to  an  assurance  from  the  Presi 
dent  "  that  the  public  peace  will  not  be 
disturbed  by  any  act  of  hostility  towards 
South  Carolina,"  the  answer  will  readily 
occur  to  yourselves.  To  Congress,  and  to 
Congress  alone,  belongs  the  power  to  make 
war,  and  it  would  be  an  act  of  usurpation 
for  the  Executive  to  give  any  assurance 
that  Congress  would  not  exercise  this 
power,  however  strongly  it  may  be  con 
vinced  that  no  such  intention  exists. 

I  am  glad  to  be  assured  from  the  letter  of 
Col.  Hayne,  that  "  Major  Anderson  arid  his 
command  do  now  obtain  all  necessary  sup 
plies,  including  fresh  meat  and  vegetables, 
and,  I  believe,  fuel  and  water,  from  the  city 
of  Charleston,  and  do  now  enjoy  communi 
cation,  by  post  and  special  messenger,  with 
the  President,  and  will  continue  to  do  so, 
certainly  until  the  door  to  negotiation  has 
been  closed."  I  trust  that  these  facilities 
may  still  be  afforded  to  Major  Anderson. 
This  is  as  it  should  be.  Major  Anderson  is 
not  menacing  Charleston ;  and  I  am  con 
vinced  that  the  happiest  result  which  can  be 
attained  is,  that  he  and  the  authorities  of 
South  Carolina  shall  remain  on  their  pres 
ent  amicable  footing,  neither  party  being 
bound  by  any  obligation  whatever  except 
the  high  Christian  and  moral  duty  to  keep 
the  peace  and  to  avoid  all  causes  of  mutual 
irritation. 

Very  respectfully, 

Your  obedient  servant, 

J.  HOLT, 
Secretary  of  War. 

January  31st,  1861.  Col.  Hayne,  having 
received  additional  instructions  from  Gov 
ernor  Pickens,  reciting  the  correspondence 
between  the  President  and  the  ten  Senators, 
and  expressing  his  dissatisfaction  with  the 
terms  of  the  latter's  reply,  demanded  pos 
session  of  Fort  Sumter  "  as  the  legal  officer 
of  the  State,  asserting  its  undoubted  right  of 
eminent  domain." 

February  6th.  The  President  replied, 
through  Secretary  Holt,  asserting  the  title  of 
the  United  States  to  Fort  Sumter  as  complete 
and  incontrovertible,  and  declining  the 
demand,  as,  "  whatever  may  be  the  claim  of 
South  Carolina  to  this  fort,  he  has  no  con 
stitutional  power  to  cede  or  surrender  it." 
The  closing  paragraph  of  the  President's 
reply  is  as  follows  : 

"  If  the  announcement  so  repeatedly  made 
of  the  President's  pacific  purpose  in  contin 
uing  the  occupation  of  Fort  Sumter  until 
the  question  shall  be  settled  by  competent 
authority,  has  failed  to  impress  the  Govern 
ment  of  South  Carolina,  the  forbearing  con 
duct  of  the  Administration  for  the  last  few 
months  should  be  received  as  conclusive 
evidence  of  his  sincerity.  And  if  this  for 
bearance,  in  view  of  the  circumstances  which 
have  so  severely  tried  it,  be  not  accepted  a* 


SECESSION    MOVEMENT   DEVELOPED. 


a  satisfactory  pledge  of  the  peaceful  policy  j 
of  this  Administration  towards  South  Caro-  j 
lina.    then   it   may   be  safely  affirmed  that  j 
neither  language  nor  conduct  can  possibly 
furnish    one.     If,    with    all  the  multiplied 
proofs  which  exist  of  the  President's  anxiety 
for  peace,  arid  of  the  earnestness  with  which 
lie  has  pursued   it,  the  authorities  of  that 
State  shall  assault  Fort  Sumter,   and  peril 
the  lives  of  the  handful  of  brave  and  loyal 
men   shut   up    within   its   walls,    and    thus 
plunge  our  common  country  into  the  hor 
rors  of  civil  war,  then  upon  them  and  those 
they  represent,  must  rest  the  responsibility." 


"  Commissioner  from  Alabama." 
February  1st,  1861.  Hon.  C.  C.  CLAY,  Jr., 
Senator  from  Alabama,  addressed  the  Presi 
dent,  informing  him  that  Hon.  THOMAS  J. 
JUDGE  of  Alabama  had  arrived,  "  duly  com 
missioned  to  negotiate  with  the  Government 
of  the  United  States  in  reference  to  the 
forts,  arsenals  and  custom-houses  in  that 
State,  and  the  debt  of  the  United  States," 
and  desiring  when  he  might  have  an  audience 
"  to  present  his  credentials  and  enter  upon 
the  proposed  negotiations." 

2d.  The  PRESIDENT  replied,  stating  that 
he  would  be  happy  to  receive  Mr.  JUDGE 
as  a  "distinguished  citizen  of  Alabama," 
and  that,  in  his  judgment,  he  had  no 
power  to  recognize  him  in  the  character 
ascribed  to  him.  Mr.  CLAY,  under  date 
of  February  5th,  volunteered  to  give  the 
President  his  views  of  men  and  things,  in  an 
excited  epistle,  which  scarcely  deserves  pre 
servation,  either  for  intrinsic  merit  of  style 
or  thought  for  historical  value. 

Transfer    of   U.   S.  Arms    South    in 
1859-60. 

REPORT  (Abstract  of)  made  by  Mr.  B.  Stan- 
ton,  from  the  Committee  on  Military  Affairs, 
in  House  of  Representatives,  Feb.  18th,  1861 : 

The  Committee  on  Military  Affairs,  to 
whom  was  referred  the  resolution  of  the 
House  of  Representatives  of  31st  of  Decem 
ber  last,  instructing  said  committee  to  in 
quire  and  report  to  the  House,  how,  to 
whom,  and  at  what  price,  the  public  arms 
distributed  since  the  1st  day  of  January, 
A.  D.  1860,  have  been  disposed  of ;  and  also 
into  the  condition  of  the  forts,  arsenals,  dock 
yards,  etc.,  etc..  submit  the  following  report : 

That  it  appears  from  the  papers  herewith 
submitted,  that  Mr.  Floyd,  the  late  Secretary 
of  War,  by  the  authority  or  under  color  of 
the  law  of  March  3d,  1825,  authorizing  the 
Secretary  of  War  to  sell  any  arms,  ammu 
nition,  or  other  military  stores  which  should 
be  found  unsuitable  for  the  public  service 
sold  to  sundry  persons  and  States  31.610 
flint-lock  muskets,  altered  to  percussion,  at 
$2.50  each,  between  the  1st  day  of  January, 
A.  D.  1860,  and  the  1st  day  of  January.  A.  D. 
1861.  It  will  be  seen  from  the  testimony  of 
Oolonel  Craig  and  Captain  Maynadier,  that 


they  differ  as  to  whether  the  arms  so  sold 
had  been  found,  "upon proper  inspection,  to 
be  unsuitable  for  the  public  service." 

Whilst  the  Committee  do  not  deem  it  im 
portant  to  decide  this  question,  they  say, 
that  in  their  judgment  it  would  require  a 
very  liberal  construction  of  the  law  to  bring 
these  sales  within  its  provisions. 

It  also  appears  that  on  the  21st  day  of 
November  last,  Mr.  Belknap  made  applica 
tion  to  the  Secretary  of  War  for  the  purchase 
of  from  one  to  two  hundred  and  fifty  thou 
sand  United  States  muskets,  flint-locks  and 
altered  to  percussion,  at  $2.15  each  ;  but  the 
Secretary  alleges  that  the  acceptance  was 
made  under  a  misapprehension  of  the  price 
Did,  he  supposing  it  was  $2.50  each,  instead 
of  $2.15. 

Mr.  Belknap  denies  all  knowledge  of  any 
nistake  or  misapprehension,  and  insists  upon 
the  performance  of  his  contract. 

The  present  Secretary  refuses  to  recognize 
the  contract,  and  the  muskets  have  not  been 
delivered  to  Mr.  Belknap. 

Mr.  Belknap  testifies  that  the  muskets 
were  intended  for  the  Sardinian  government. 

It  will  appear  by  the  .papers  herewith  sub 
mitted,  that  on  the  29th  of  December,  1859, 
the  Secretary  of  War  ordered  the  transfer 
of  65,000  percussion  muskets,  40,000  mus 
kets  altered  to  percussion,  and  10,000  per 
cussion  rifles,  from  the  Springfield  Armory 
and  the  Watertown  and  Watervliet  Arse 
nals,  to  the  Arsenals  at  Fayetteville,  N.  CM 
Charleston,  S.  C.,  Augusta.  Ga.,  Mount  Ver- 
non,  Ala.,  and  Baton  Rouge,  La.,  and  that 
these  arms  were  distributed  during  the 
spring  of  1860  as  follows  : 

Percussion  Altered 

muskets,  muskets.  Rifles. 

To  Charleston  Arsenal,  9,280  5,720  2.000 

To  North  Carolina  Arsenal,    15,480  9,520  2,000 

To  Augusta  Arsenal,  12,380  7,620  2,000 

To  Mount  Vernon  Arsenal,      9,280  5.720  2,000 

To  Baton  Rouge  Arsenal,      18,580  11,420  2,000 

65,000     40,000  10,000 

All  of  these  arms,  except  those  sent  to  the 
North  Carolina  Arsenal,*  have  been  seized 
by  the  authorities  of  the  several  States  of 
South  Carolina,  Alabama,  Louisiana  and 
Georgia,  and  are  no  longer  in  possession  of 
the  United  States. 

It  will  appear  by  the  testimony  herewith 
presented,  that  on  the  20th  of  October  last 
the  Secretary  of  War  ordered  forty  colum- 
biads  and  four  thirty-two  pounders  to  be 
sent  from  the  Arsenal  at  Pittsburg  to  the 
fort  on  Ship  Island,  on  the  coast  of  Missis 
sippi,  then  in  an  unfinished  condition,  and 
seventy  columbiads  and  seven  thiity-twr 
pounders  to  be  sent  from  the  same  Arsena 
to  the  fort  at  Galveston.  in  Texas,  the  build- 
ing  of  which  had  scarcely  been  commenced. 
This  order  was  given  by  the  Secretary  of 
War,  without  any  report  from  the  Engineer 
department  showing  that  said  works  wen* 

*  Tbese  wore  afterwards  seized 


SECESSION    MOVEMENT    DEVELOPED. 


ready  for  their  armament,  or  that  the  guns 
were  needed  at  either  of  said  points. 

It  will  be  seen  by  the  testimony  of  Cap 
tain  Wright,  of  the  Engineer  department, 
that  the  fort  at  Galveston  cannot  be  ready 
for  its  entire  armament  in  less  than  about 
five  years,  nor  for  any  part  of  it  in  less  than 
two ;  and  that  the  fort  at  Ship  Island  will 
require  an  appropriation  of  $85,000  and  one 
year's  time  before  it  can  be  ready  for  any 
part  of  its  armament.  This  last  named  fort 
has  been  taken  possession  of  by  the  State 
authorities  of  Mississippi. 

The  order  of  the  late  Secretary  of  War 
(Floyd)  was  countermanded  by  the  present 
Secretary  (Holt)  before  it  had  been  fully 
executed  by  the  shipment  of  said  guns  from 
Pittsburgh 

It  will  be  seen  by  a  communication  from 
the  Ordnance  office  of  the  21st  of  January 
last,  that  by  the  last  returns  there  were  re 
maining  in  the  United  States  arsenals  and 
armories  the  following  small  arms,  viz  : 
Percussion  muskets  and  muskets 

altered  to  percussion  of  calibre  69,  499,554 
Percussion  rifles,  calibre  54 42,011 


Total 541,565 

Of  these  60,878  were  deposited  in  the  ar 
senals  of  South  Carolina,  Alabama,  and 
Louisiana,  and  are  in  the  possession  of  the 
authorities  of  those  States,  reducing  the 
number  in  possession  of  the  United  States 
to  480,687. 

Since  the  date  of  said  communication,  the 
following  additional  forts  and  military  posts 
have  been  taken  possession  of  by  parties 
acting  under  the  authority  of  the  States  in 
which  they  are  respectively  situated,  viz : 

Fort  Moultrie,  South  Carolina. 

Fort  Morgan,  Alabama. 

Baton  Rouge  Barracks,  Louisiana. 

Fort  Jackson,  Louisiana. 

Fort  St.  Philip,     " 

Fort  Pike,  Louisiana. 

Oglethorpe  Barracks,  Georgia. 

And  the  department  has  been  unofficially 
advised  that  the  arsenal  at  Chattahoochee, 
Forts  McRea  and  Barrancas,  and  Barrancas 
Barracks,  have  been  seized  by  the  authori 
ties  of  Florida. 

To  what  further  extent  the  small  arms  in 
possession  of  the  United  States  may  have 
been  reduced  by  these  figures,  your  com 
mittee  have  not  been  advised. 

The  whole  number  of  the  sea-board  forts 
in  the  United  States  is  fifty-seven;  their 
appropriate  garrison  in  war  would  require 
26.420  men;  their  actual  garrison  at  this 

*  The  attempted  removal  of  these  heavy  guns  from 
Allegheny  Arsenal,  late  in  December,  1860,  created  in 
tense  excitement.  A  monster  mass  meeting  assembled 
at  the  call  of  the  Mayor  of  the  city,  and  citizens  of  all 
parties  aided  in  the  effort  to  prevent  the  shipmeut. 
Through  the  interposition  of  Hou.  J.  K.  Moorhead,  Hon. 
R.  McKnight,  Judge  Shaler,  Judge  Wilkius,  Judge 
Shannon,  and  others,  inquiry  was  instituted,  and  a  revo 
cation  of  the  order  obtained.  The  Secessionists  in  Con 
gress  bitterly  complained  of  the  "  mob  law"  which  thus 
interfered  with  the  routine  of  governmental  aftairs. 


time  is  1,334  men,  1.308  of  whom  are  in  the 
I  forts  at  Governor's  Island,  New  York ;  Fort 
I  McHenry,  Maryland ;  Fort  Monroe,  Vir- 
!  ginia,  and  at  Alcatraz  Island,  California,  in 
|  the  harbor  of  San  Francisco. 

From  the  facts  elicited,  it  is  certain  that 
1  the  regular  military  force  of  the  United 
|  States  is  wholly  inadequate  to  the  protec- 
|  tion  of  the  forts,  arsenals,  dock-yards,  and 
|  other  property  of  the  United  States  in  the 
i  present  disturbed  condition  of  the  country. 
i  The  regular  army  numbers  only  18,000  men 
when  recruited  to  its  maximum  strength, 
and  the  whole  of  this  force  is  required  for 
!  the  protection  of  the  border  settlements 
•  against  Indian  depredations.  Unless  it  is 
I  the  intention  of  Congress  that  the  forts, 
I  arsenals,  dock-yards,  and  other  public  pro- 
I  perty,  shall  be  exposed  to  capture  and  spo- 
j  liation,  the  President  must  be  armed  with 
i  additional  force  for  their  protection. 

In  the  opinion  of  the  Committee  the  law 
J  of  February  28th,  1795,  confers  upon  the 
President  ample  power  to  call  out  the  mili 
tia   to   execute   the  laws   and   protect  the 
public  property.     But  as  the  late  Attorney- 
General  has  given  a  different  opinion,  the 
I  Committee,  to  remove  all  doubt  upon  the 
|  subject,  report  the  accompanying  bill,  etc. 

OTHER    ITEMS. 

Statement  of  Arms  distributed  by  Sale,  since  the  first  of  Jan 
uary,  1860,  to  whom  sold,  and  the  place  whence  sold. 

1860.  Arsenals 

To  whom  sold.  No.    Date  of  sale.       Where  sold. 

J.  W.  Zacharie  &  Co. ..4,000        Feb.    3    St.  Louis. 

James  T.  Ames 1,000        Mar.  14    New  York. 

Captain  G.  Barry 80        June  11     St.  Louis. 

W.  C.  N.  Swift 400        Aug.  31     Springfield. 

Do 80        Nov.  13  Do. 

State  of  Alabama 1,000       Sep.  27    Baton  Rouge 

Do 2,600        Nov.  14  Do. 

State  of  Virginia 5,000        Nov.  6     Washington. 

Phillips  county,  Ark...    50        Nov.  16    St.  Louis. 
G.  B.  Laniar 10,000       Nov.  24    Watervliet. 

The  arms  were  all  flint-lock  muskets  al 
tered  to  percussion,  and  were  all  sold  at 
$2.50  each,  except  those  purchased  by  Cap 
tain  G.  Barry  arid  by  the  Phillips  county 
volunteers,  for  which  $2  each  were  paid. 

The  Mobile  Advertiser  says  :  "  During  the 
past  year  135,430  muskets  have  been  quietly 
transferred  from  the  Northern  arsenal  at 
Springfield  alone,  to  those  in  the  Southern 
States.  We  are  much  obliged  to  Secretary 
Floyd  for  the  foresight  he  has  thus  dis 
played  in  disarming  the  North  and  equip 
ping  the  South  for  this  emergency.  There  is 
no  telling  the  quantity  of  arms  and  muni 
tions  which  were  sent  South  from  other 
Northern  arsenals.  There  is  no  doubt  but 
that  every  man  in  the  South  who  can  carry 
a  gun  can  now  be  supplied  from  private  or 
public  sources.  Tho  Springfield  contribu 
tion  alone  would  ami  all  the  militiamen  of 
Alabama  and  Mississippi." 

General  Scott,  in  his  letter  of  December 
2d,  1862,  on  the  early  history  of  the  Rebel 
lion,  states  that  "  Rhode  Island,  Delaware 
and  Texas  had  not  drawn,  at  the  end  of 
1860,  their  annual  quotas  of  arms  for  that 
year,  and  Massachusetts,  Tennessee,  and 


SECESSION    MOVEMENT    DEVELOPED. 


Ko.7itui-.ky  only  in  part;  Virginia,  South 
Carolina,  Georgia,  Florida,  Alabama,  Louisi 
ana,  Mississippi  and  Kansas  were,  by  order 
of  the  Secretary  of  War,  supplied  with  their 
quotas  for  1861  in  advance,  and  Pennsylva 
nia  and  Maryland  in  part." 

Tliis  advance  of  arms  to  eight  Southern 
States  is  in  addition  to  the  transfer,  about 
the  same  time,  of  115,000  muskets  to  South 
ern  arsenals,  as  per  Mr.  Stanton's  report. 

Governor  Letcher  of  Virginia,  in  his  Mes 
sage  of  December,  1861,  says,  that  for  some 
time  prior  to  secession,  he  had  been  engaged 
in  purchasing  arms,  ammunition,  etc. ; 
among  which  were  13  Parrott  rifled  cannon, 
and  5,000  muskets.  He  desired  to  buy  from 
the  United  States  Government  10,000 
more,  when  buying  the  5,000,  but  he  says 
"the  authorities  declined  to  sell  them  to 
us,  although  five  times  the  number  were 
then  in  the  arsenal  at  Washington."  Had 
Jefferson  Davis'  bill  relative  to  the  purchase 
of  arms  become  a  law,  the  result  might  have 
been  different. 


Sale  of  Arms  to  States. 

January  9th,  1860.  Mr.  Jefferson  Davis 
of  Mississippi  introduced  to  the  Senate  a 
bill  "  to  authorize  the  sale  of  public  arms  to 
the  several  States  and  Territories,  and  to 
regulate  the  appointment  of  Superintend 
ents  of  the  National  Armories." 

18th.  He  reported  it  from  the  Military 
Committee  without  amendment. 

February  21st.  Mr.  Davis.  I  should  like 
the  Senate  to  take  up  a  little  bill  which  I 
hope  will  excite  no  discussion.  It  is  the 
bill  to  authorize  the  States  to  purchase 
arms  from  the  National  Armories.  There 
are  a  number  of  volunteer  companies  want 
ing  to  purchase  arms,  but  the  States  have 
not  a  sufficient  supply.  I  move  to  take  up 
the  bill. 

The  motion  was  agreed  to. 

The  bill  is  as  follows  : — 

Section  1.  That  the  Secretary  of  War  be, 
and  he  is  hereby  authorized  to  issue  to  any 
State  or  Territory  of  the  United  States,  on 
application  of  the  Governor  thereof,  arms 
made  at  the  United  States  Armories,  to 
such  extent  as  may  be  spared  from  the  pub 
lic  supplies  without  injury  or  inconvenience 
to  the  service  of  the  General  Government, 
upon  payment  therefor,  in  each  case,  of  an 
amount,  sufficient  to  replace,  by  fabrication  at 
the  national  armories,  the  arms  so  issued. 

Section.  2.  That  so  much  of  the  act  ap 
proved  August  5th,  eighteen  hundred  and 
fifty-four,  as  authorizes  the  appointment  of  a 
civilian  as  superintendent  of  each  of  the 
national  armories  be,  and  the  same  is  hereby 
repealed,  and  that  the  superintendents  of 
these  armories  shall  hereafter  be  selected 
from  officers  of  the  ordnance  corps. 

After  a  brief  discussion,  it  was  made  a 
special  order  for  February  23d. 

23d.  Its  consideration  was  resumed.     Mr. 


I  Fessenden  calling  for  an  explanation  of  th«. 
I  reasons  upon  which  the  first  section  is 
j  founded, 

Mr.  Davis  said:  "It  is.  that  the  volunteer 
companies  of  the  States  desiring  arms,  may 
purchase  them  of  the  Government  manu 
facture.  It  is  a  long  settled  policy — and  I 
think  a  wise  one  on  the  part  of  the  United 
States — to  furnish  arms,  of  the  approved  pat 
tern  for  the  public  service,  to  the  militia. 
The  appropriation  which  is  made  to  supply 
the  militia  with  arms,  has  not  been  found 
sufficient.  There  are  constant  applications 
for  arms  beyond  the  quota.  The  Secretary 
of  War  has  no  authority  to  issue  them  be 
yond  the  fixed  allowance  to  each  State,  be 
ing  its  pro  rata  share  of  the  arms  which 
may  be  made  with  $200,000.  The  Secretary 
of  War,  under  that  pressure,  has  this  year 
recommended  that  the  appropriation  for  the 
arming  of  the  militia  should  be  increased. 
In  the  meantime,  there  are  volunteer  com 
panies  with  State  appropriations  anxious  to 
obtain  arms  if  they  will  be  furnished.  If 
the  Congress  thinks  proper  to  exclude  them 
from  the  purchase  of  arms  from  the  armories, 
then  they  must  go  to  private  establishments, 
and  get  patterns  which  are  not  those  estab 
lished  by  the  Government,  arms  which  I  be 
lieve  to  be  inferior ;  and  arms  which,  if  they 
were  brought  into  the  service  of  the  United 
States,  in  the  event  of  the  country  being  in 
volved  in  war,  would  not  receive  the  ammu 
nition  which  the  Government  supplies.  If 
they  are  to  buy  arms  at  all,  it  is  therefore 
advantageous  that  they  should  buy  the  Gov 
ernment  pattern." — Congressional  Globe,  1st 
Session,  36th  Congress,  Part  1,  p.  862. 

March  1st.  Its  consideration  was  re 
sumed. 

On  motion  of  Mr.  Trumbull  of  Illinois,  ar 
amendment  was  inserted  in  the  first  section, 
requiring  the  payment  "in  cash,  at  the  timf 
of  delivery."  It  was  debated  further,  without 
a  vote. 

5th.  Mr.  Fessenden  moved  to  add  the 
following  to  the  first  section  : 

Provided,  That  the  whole  number  of  arms 
which  may  be  sold,  as  aforesaid,  shall  be 
ascertained  and  determined  in  each  year  by 
the  Secretary  of  War,  and  no  State  or  Ter 
ritory  shall  be  allowed  to  purchase  a  num 
ber  of  arms  bearing  a  greater  proportion  to 
the  whole  number  so  ascertained  and  deter- 
mined,  than  the  Federal  population  of  such 
State  or  Territory  bears  to  the  aggregate 
Federal  population  of  all  the  States  and  Ter 
ritories  of  the  Union,  according  to  the  cen 
sus  of  the  United  States  next  preceding  such 
purchase. 

16th.  Mr.  Davis  of  Mississippi  moved  the  fol 
lowing  as  a  substitute  for  the  above  proviso  : 

"That  the  sales  of  each  year  shall  not  ex 
ceed  the  increased  manufacture  which  may 
result  from  said  sales;  and  that  the  whole  num 
ber  to  be  sold,  if  less  than  the  requisition;* 
made,  shall  be  divided  between  the  States 
applying  to  purchase,  pro  rata,  as  arms  fur- 


SECESSION    MOVEMENT    DEVELOPED. 


37 


muhed  by  the  United  States  are  now  distrib 
uted." 

Which  was  agreed  to — yeas  28,  nays  18,  as 
follows  : 

YEAS. — Messrs  Benjamin,  Bigler,  Bragg,  Bright, Brown, 
Clay,  Clingiuan,  Crittenden,  Davis,  Fitch,  Fitzpatrick. 
Green,  Gwin,  Haminoud,  Hunter.  Iverson,  Johnson  of 
Arkansas,  Johnson  of  Tennessee,  Kennedy,  Latham,  Mai- 
lory,  Nicholson,  Poarce.  Powell,  Sebastian,  Thomson, 
Toombs,  and  Wigfall— 28. 

NATS. — Messrs.  Anthony,  Biugham,  Chandler,  Clark, 
CM! lamer,  Dixon,  Doolittle,  Fessendeu,  Foot,  Foster, 
Grimes,  Harnlin,  Marian,  Ten  Eyck,  Triuubull,  Wade, 
Wilkinson,  and  Wilson— IS. 

A  party  vote,  Democrats  in  affirmative — 
Republicans  in  negative. 

The  amendment  as  amended  was  then 
adopted. 

A  motion  to  strike  out  the  first  section 
was  lost — yeas  20.  nays  28. 

March  26th.  The  bill  passed — yeas  29,  nays 
18. 

NAYS. — Anthony,  Bingham,  Cameron,  Chandler,  Clark, 
Collarner,  Doolittle,  Durkee,  Fesseudeu,  Foot,  Grimes," 
Hamlin,  Harlan,  King,  Simmons,  Sunnier,  Ten  Evck,  and 
Wade. 

During  the  debate,  on  March  28th,  between 
Mr.  Simmons  of  Rhode  Island,  and  Mr.  Davis 
of  Mississippi,  the  latter  made  these  remarks : 

'•  The  Senator  runs  into  an  error  which  1 
find  very  often  prevails,  that  the  militia  of 
the  States  are  not  a  part  of  the  Army  of  the 
United  States.  It  is  our  glory  that  the  de 
fence  of  the  country  rests  upon  the  people. 
He  proposes,  then,  to  arm  the  militia  in 
time  of  peace  with  a  weapon  which  they  will 
not  use  in  time  of  war." — Congressional 
Globe,  1st  Session,  36th  Congress,  Part  2,  p. 
1.351. 

In  the  House,  the  bill  was  referred  to  the 
Committee  on  Military  Affairs,  and  was  not 
reported. 


How  the  Telegraph  was  made  to  aid 
in  effecting  Secession. 

Senator  TOOMBS  has  publicly  declared  in 
Georgia  that  he  would,  under  no  circum 
stances,  serve  in  the  Senate  after  the  in 
auguration  of  Mr.  Lincoln.      He   said   the  ! 
same    thing   in   the   following    telegraphic  i 
despatch  to  Mr.  KEITT  : 

"Macon,  November  14th,  1860. 
"  To  Hon.  L.  M.  KEITT  :  I  will  sustain  South 
Carolina  in  secession.     I  have  announced  to  I 
the  Legislature  that  I  will  not  serve  under  ! 
Lincoln.    If  you  have  the  power  to  act,  act  at 
once.     We  have  bright  prospects  here. 

"R.  TOOMBS." 

SOUTHERN    MANIFESTO. 

Washington,  December  13th.  i 
At  the  request  of  Hon.  REUBEN  DAVIS  of  | 
Mississippi,  member  of  the  Committee  of  i 
States,  the  Southern  members  of  Congress  • 
assembled  athis  rooms  to-night  and  adjourned  • 
at  eleven  o'clock,  at  which  the  following ! 
declaration  was  made  and  signed  by  those 
present.  It  had  already  been  presented  to  | 
the  Committee  of  Thirty-three  : 


Washington,  December  13th,  1860. 
To  our  Constituents:  The  argument  is  ex« 
hausted.  All  hope  of  relief  in  the  Union, 
through  the  agency  of  committees,  Congres 
sional  legislation,  or  constitutional  amend 
ments,  is  extinguished,  and  we  trust  the 
South  will  not  be  deceived  by  appearances 
or  the  pretence  of  new  guarantees.  The  Re 
publicans  are  resolute  in  the  purpose  to 
grant  nothing  that  will  or  ought  to  satisfy 
the  South.  We  are  satisfied  the  honor,  safety, 
and  independence  of  the  Southern  people  are 

'  to  be  found  only  in  a  Southern  Confederacy 
— a  result  to  be  obtained  only  by  separate 
State  secession — and  that  the  sole  and  pri- 

;  mary  aim  of  each  slaveholding  State  ought  to 
be  its  speedy  and  absolute  separation  from 

:  an  unnatural  and  hostile  Union. 

Signed  by  J.  L.  Pugh,  David  Clopton, 
Sydenham  Moore,  J.  L.  M.  Curry,  and  J.  A. 
Stallworth  of  Alabama;  Alfred  Iverson,  J. 
W.  H.  Underwood,  L.  J.  Gartrell,  and  Jas. 
Jackson,  (Senator  Toombs  is  not  here,  but 
would  sign),  John  J.  Jones,  and  Martin  J. 

;  Crawford  of  Georgia;  Geo.  S.  Hawkins  of 
Florida.  It  is  understood  Mr.  Yulee  will 
sign  it.  T.  C.  Hindman  of  Arkansas.  Both 

!  Senators  will  also  sign  it.     A.  G.  Brown, 

:  Win.  Barksdale,  0.  R.  Singleton,  and  Reuben 
Davis  of  Mississippi;  Burton  Craiere  and 
Thos.  Ruffin  of  North  Carolina ;  J.  P.  Ben- 

;  jamin  and  John  M.  Landrum  of  Louisiana. 
Mr.  Slidell  will  also  sign  it.  Senators  Wig- 
fall  and  Hemphill  of  Texas,  will  sign  it. 

Mr.  Davis  made  the  following  statement 
to  the  caucus  : 

Being  a  member  of  the  Committee  of 
Thirty-three,  I  state  that  the  above  witnessed 
despatch  was  communicated  to  the  com 
mittee  this  evening,  and  a  resolution  passed 
proposing  no  specific  relief,  eight  Northern 
States  dissenting,  avowedly  intended  to 
counteract  the  effect  of  the  above  despatch, 
and,  as  I  believe,  to  mislead  the  people  of 
the  South.  From  information  derived  from 
Republican  members  of  the  committee  and 
other  Northern  Representatives,  I  fully  con 
cur  in  the  above  despatch. 

REUBEN  DAVIS. 

The  manifesto  will  be  immediately  com 
municated  to  the  several  constituencies  of  the 
gentlemen  named  by  telegraph. 

A     TELEGRAPHIC      MANIFESTO      FROM      SENATOR 
TOOMBS. 

The  Savannah  News  of  Monday,  Decem 
ber  24th,  publishes  the  following  address  to 
the  people  of  Georgia,  telegraphed  from 
Washington,  on  Saturday,  December  22d  : 

Fellow- Citizens  of  Georgia:  I  came  here 
to  secure  your  constitutional  rights,  or  to  de 
monstrate  to  you  that  you  can  get  no  guar 
antees  for  these  rights  from  your  Northern 
Confederates. 

The  whole  subject  was  referred  to  a  com 
mittee  of  thirteen  in  the  Senate  yesterday. 
I  was  appointed  on  the  committe'e  and  ac 
cepted  the  trust.  I  submitted  propositions, 
which,  so  far  from  receiving  decided  support 


SB 


SECESSION    MOVEMENT    DEVELOPED. 


from  a  single  member  of  the  Republican 
party  on  the  committee,  were  all  treated 
with  either  derision  or  contempt.  The  vote 
was  then  taken  in  committee  on  the  amend 


rnents  to  the  Constitution  proposed  by  Hon. 
J.  J.  CRITTENDEN  of  Kentucky,  and  each  and 
all  of  them  were  voted  against,  unanimously, 
by  the  Black  Republican  members  of  the 
committee. 


that  the  rights  of  the  South,  and  of  everv 
State  and  section,  may  be  protected  within 
the  Union.  Don't  give  up  the  ship.  Don't 
despair  of  the  Republic. 


J.  J.  CRITTENDEN. 
S.  A.  DOUGLAS. 

From  the  Raleigh  Standard  Extra  of  Jan 
uary  "Id. 

The  State  Journal  of  to-day,  one  of  the 
In  addition  to  these  facts,  a  majority  of  organs  of  the  disunionists,  contains  a  tele- 
the  Black  Republican  members  of  the  com-  j  graphic  despatch  calculated,  and  no  doubt 
mittee  declared  distinctly  that  they  had  no  intended,  to  inflame  the  public  mind  and  to 
guarantees  to  offer,  which  was  silently  ac- ;  precipitate  North  Carolina  into  revolution, 
quiesced  in  by  the  other  members.  j  This  despatch,  most  probably  sent  here  from 

The  Black  Republican  members  of  this  |  the  Journal   Office,  Wilmington,  is  as  fo!« 
Committee  of  Thirteen  are  representative    lows : 
men  of  their  party  and  section,  and  to  the 


represent 


extent  of  my  information,  truly 
the  Committee  of  Thirty-three  in  the  House, 
which  on  Tuesday  adjourned  for  a  week 
without  coining  to  any  vote,  after  solemnly 
pledging  themselves  to  vote  on  all  proposi 
tions  then  before  them  on  that  date. 

That  committee  is  controlled  by  Black 
Republicans,  your  enemies,  who  only  seek  to 
amuse  you  with  delusive  hope  until  your 
election,  in  order  that  you  may  defeat  the 
friends  of  secession.  If  you  are  deceived  by 
them,  it  shall  not  be  my  fault.  1  have  put  the 
test  fairly  and  frankly.  1 1  is  decisive  against 
you ;  and  now  I  tell  you  upon  the  faith  of  a 
true  man  that  all  further  looking  to  the 
North  for  security  for  your  constitutional 
rights  in  the  Union  ought  to  be  instantly 
abandoned.  It  is  fraught  with  nothing  but 
ruin  to  yourselves  and  your  posterity. 

Secession  by  the  fourth  of  March  next 
should  be  thundered  from  the  ballot-box  by 
the  unanimous  voice  of  Georgia  on  the  second 
day  of  January  next.  Such  a  voice  will  be 
your  best  guarantee  for  LIBERTY,  SECURITY, 

TRANQUILLITY  and  GLORY. 

ROBERT  TOOMBS. 


IMPORTANT  TELEGRAPHIC  CORRESPONDENCE. 

Atlanta,  Georgia,  December  26th,  1860. 
Hon.  S.  A.  Douglas  or  Hon.  J.  J.  Crittenden: 

Mr.  TOOMBS'S  despatch  of  the  22dinst.  un 
settled  conservatives  here.  Is  there  any 
hope  for  Southern  rights  in  the  Union?  We 


are  for  the  Union  of  our  fathers,  if  Southern 
rights  can  be  preserved  in  it.     If  not,  we  are  j 


IMPORTANT  ! — IMMEDIATE     RETURN     OF    LEGIS 
LATORS    TO    THEIR    POSTS. 

Wilmington,  Dec.  31st,  8£  P.M. 

The  following  is  the  substance  of  a  des 
patch  received  here  this  evening  : 

"  Cabinet  broken  up  in  a  row ;  Floyd, 
Thompson  and  Thomas  have  resigned ;  the 
President  has  gone  over  to  the  North.  Fed 
eral  troops  on  their  way  South.  Our  fort  at 
the  mouth  of  Cape  Fear  will  shortly  be  occu 
pied  by  troops  for  coercion.  The  citizens 
of  North  Carolina  call  upon  the  Legislature 
for  advice  and  assistance." 

The  above  produced  great  excitement  in 
our  community.  As  soon  as  we  saw  it  we 
telegraphed  to  a  well-informed  and  reliable 
friend  in  Washington  city,  whose  reply  is  as 
follows : 

"  No    troops 


ordered    South.     No    new 


ground  for  excitement  known." 

Special  Despatch  to  the  Republican. 
Augusta,  Ga.,  Jan.  1st. 

A  special  despatch  to  the  True  Democrat, 
of  this  city,  dated  at  Washington,  3  o'clock, 
P.M.,  to-day,  says  : 

"  The  cabinet  is  broken  up,  Mr.  Floyd, 
Secretary  of  War,  and  Mr.  Thompson,  Sec 
retary  of  the  Interior,  having  resigned.  A 
coercive  policy  has  been  adopted  by  the 
Administration.  Mr.  Holt,  of  Kentucky, 
our  bitter  foe,  has  been  made  Secretary  of 
War.  Fort  Pulaski  is  in  danger.  The  Abo 
litionists  are  defiant." 


This  despatch  is  signed  "Robert  Toornbs  " 
This   spurious   and   inaccurate    despatch 

for  secession. "  Can  we  yet  hope  the  Union  I  had  a  great  influence,  it  is  said,  in  deciding 
will  be  preserved  on  this  principle?    You   the  wavering  vote  of  Georgia  on  the  que 
are  looked  to  in  this  emergency.     Give  us 


emergency. 
your  views  by  despatch,  and  oblige 

WILLIAM  KZZARD. 
^         ROBKRT  W.  SIMS. 

JAMES  P.  HAMBLETON. 
THOMAS  S.  POWELL. 
S.  G.  HOWELL. 
J.  A.  HAY  DEN. 
G.  W.  ADAIR. 

R.  C.  HONLESTER. 

Washington,  December  29th.  1860. 
In  reply  to  your  inquiry,  we  have  hopes 


tion  of  union  or  disunion. 

The  Macon  (Georgia)  Telegraph  of  the  2d 
instant,  contains  the  following  sensation 
despatch  from  the  President  of  the  South 
Carolina  Convention.  Of  course  it  obtained 
immediate  currency  throughout  the  South 
ern  States : 

Charleston,  January  1st,  1861. 

Mayor  of  Macon :  The  Convention  of 
South  Carolina  have  directed  me  to  send 
you  the  following  telegram  just  received 
from  our  Commissioners  at  Washington  : 

"Holt   has   been  appointed  Secretary  of 


SECESSION    MOVEMENT    DEVELOPED. 


39 


War.     He  is  for  coercion,  and  war  is  inevi-  | 
table.     We   believe   reinforcements   are  on 
the  way.     Prevent  their  entrance  into  the 
harbor  at  every  hazard. 

"D.  F.  JAMISON, 
"President  South  Carolina  Convention." 

From  the  Neu  Orleans  Delta. 

THE     SOUTH     CAROLINA     CONVENTION     TO    THE 
CITY    OF    NEW    ORLEANS. 

The  following  highly-important  despatch 
from  the  President  of  the  South  Carolina 
Convention,  has  been  furnished  to  us  for 
publication  by  Mayor  Monroe,  to  whom  it 
was  addressed  : 

Charleston,  January  1st. 

To  the  Hon.  John  T.  Monroe,  Mayor  of 
New  Orleans:  The  Convention  of  South 
Carolina  has  directed  me  to  send  you  the 
following  telegram,  just  received  from  our 
Commissioners  at  Washington  : 

"  Holt  has  been  appointed  Secretary  of 
War.  He  is  for  coercion,  and  war,  we  be 
lieve,  is  inevitable.  We  believe  reinforce 
ments  are  on  the  way.  We  shall  prevent 
their  entrance  into  the  harbor  at  every  haz 
ard.  "  D.  F.  JAMISON, 

'•  President  South  Carolina  Convention." 

From  the  National  Intelligencer. 

In  January,  when  the  Critteiiden  plan  of 
adjustment  was  voted  down  in  the  Senate,  j 
rather  because  of  the  absence  of  Southern  j 
Senators  than  by  the  strength  of  its  oppo 
nents,  we  find  from  the  St.  Louis  journals,  | 
that  a  despatch  was  reported  to  have  been  i 
straightway  sent  from  Washington  to  that 
city  by  Senators  Polk  and  Green,  represent 
ing  as  follows  : 

"  The  Crittenden  resolutions  were  lost  by 
a  vote  of  25  to  23.  A  motion  of  Mr.  Cam 
eron  to  reconsider  was  lost ;  and  thus  ends 
all  hope  of  reconciliation.  Civil  war  is  now 
considered  inevitable,  and  late  accounts  de 
clare  that  Fort  Sumter  will  be  attacked 
without  delay.  The  Missouri  delegation 
recommend  immediate  secession." 

We  need  not  say  that  no  such  despatch 
was  ever  sent  by  these  gentlemen.  Yet, 
says  the  St.  Louis  Republican,  "  all  over 
the  city  (St.  Louis)  it  was  spoken  of  as  the 
despatch  from  Messrs.  Green  and  Polk." 

The  temporary  rejection  of  the  Critten 
den  plan  was  in  like  manner  pressed  into  the 
service  of  the  Secessionists  in  order  to  accel 
erate  the  pace  of  grave,  deliberate,  and 
patriotic  North  Carolina.  The  Raleigh 
Register  of  the  19th  instant  contains  the 
following  despatch,  under  the  signature  of 
Mr.  Crittenden  himself,  published  to  coun- 
tp.vaet  the  disturbing  effect  of  the  exagger 
ated  rumors  which  had  been  put  in  circulation 
from  this  city : 

"  Washington,  January  17th,  9  p.  M. 
"  In   reply,   the  vote  against  my  resolu 
tions  *:  ill  be    reconsidered.     Their  failure 
was  the  reis.dt  of  the  refusal  of  six  Southern 


Senators  to  iv>V.     T-iere  is  y^t  good  hope  of 
success."  •  «'OHN  J.  ORTTTENDKX." 

Sutate,  January  25th,  186  L. 
MY  DEAR  SIR  :  Mr.  Crittenden  is  not 
present,  but  I  can  say  with  confidence  that 
there  is  hope  of  adjustment,  and  the  pros 
pect  has  never  been  better  than  now  since 
we  first  assembled. 

Very  truly,  your  friend, 

S.  A.  DOUGLAS. 

We  concur  in  the  opinion  that  there  ie 
hope  of  an  adjustment. 

J.  J.  CRITTENDEN, 
A.  R.  BOTELER, 
JOHN  T.  HARRIS. 
Hon.  JAMES  B ARBOUR. 
In  addition  to  the  foregoing  testimony  on 
the  subject,  we  insert  an  extract  of  a  letter 
from  the  Hon.  John  S.  Millson  to  Mr.  Bar- 
bour  to  the  same  effect : 

"  For  myself,  I  say  that  T  have  never  had 
so  confident  an  expectation  as  /  have  at  tins 
time,  of  such  a  termination  of  the  present 
controversy  as  would  be  satisfactory  to  me, 
and,  I  believe,  to  a  large  majority  of  the 
people  of  Virginia." 

TO    THE    PEOPLE    OF    VIRGINIA. 

We  deem  it  our  duty,  as  your  Represen 
tatives  at  Washington,  to  lay  before  you 
such  information  as  we  possess  in  regard  to 
the  probable  action  of  Congress  in  the  pre 
sent  alarming  condition  of  the  country. 

At  the  beginning  of  this  session,  now 
more  than  half  over,  committees  were  ap 
pointed,  in  both  Houses  of  Congress,  to 
consider  the  state  of  the  Union.  Neither 
committee  has  been  able  to  agree  upon  any 
mode  of  settlement  of  the  pending  issues 
between  the  North  and  the  South. 

The  Republican  members  in  both  com 
mittees  rejected  propositions  acknowledging 
the  right  of  property  in  slaves,  or  recom 
mending  the  division  of  the  Territories 
between  the  slaveholding  and  non-slave- 
holding  States  by  a  geographical  line. 

In  the  Senate,  the  propositions  commonly 
known  as  Mr.  Crittenden's  were  voted 
against  by  every  Republican  Senator  ;  and 
the  House,  on  a  vote  by  ayes  and  noes, 
refused  to  consider  certain  propositions, 
moved  by  Mr.  Btheridge.  which  were  even 
less  favorable  to  the  South  than  Mr.  Crit- 
tenden's. 

A  resolution  giving  a  pledge  to  sustain 
the  President  in  the  use  offeree  against  the 
seceding  States,  was  adopted  in  the  House 
of  Representatives  by  a  large  majority ; 
and  in  the  Senate  every  Republican  voted 
to  substitute  for  Mr.  Crittenden's  proposi 
tions  resolutions  offered  by  Mr.  Clark  of 
New  Hampshire,  declaring  no  new  con 
cessions,  guarantees,  or  amendments  to 
the  Constitution  were  necessary  ;  th*t  the 
demands  of  the  South  were  nnreadoz^ble, 
and  that  the  remedy  for  the  pivc-v.^  danger 
was  simply  to  enforce  the  laws  ;  in  other 
words,  coercion  and  war. 


40 


cKO ASSIGN    MOVEMENT    DEVELOPED. 


In  tliia  state  of  fo*  ts,  our  duty  is  to  warn 
you  thut  it  is  vain  to  hope  for  any  measures 
of  conciliation  or  adjustment  (from  Con- 
ivre.xs)  which  you  could  accept.  We  are 
fJso  satisfied  that  the  Republican  party  de 
signs,  by  civil  war  alone,  to  coerce  the 
Southern  States,  under  the  pretext  of  enforc 
ing  the  la>\s,  unless  it  shall  become  speedily 
apparent  that  the  seceding  States  are  so 
numerous,  determined  and  united,  as  to 
make  such  an  attempt  hopeless. 

We  are  confirmed  in  these  conclusions  by 
our  general  intercourse  here  ;  by  the 
speeches  of  the  Republican  leaders  here 
and  elsewhere  ;  by  the  recent  refusals  of  the 
Legislatures  of  Vermont,  Ohio  and  Penn 
sylvania,  to  repeal  their  obnoxious  Personal 
Liberty  Laws  ;  by  the  action  of  the  Illinois 
Legislature  on  resolutions  approving  the 
Grittenden  propositions,  and  by  the  adop 
tion  of  the  resolutions  in  the  New  York  and 
Massachusetts  Legislature?  (doubtless  to  be 
followed  by  others)  offering  men  and  money 
for  the  war  of  coercion. 

We  have  thus  placed  before  you  the  facts 
and  conclusions  which  have  become  mani 
fest  to  us  from  tin's  post  of  observation 
where  you  have  placed  us.  There  is  noth 
ing  to  be  hoped  from  Congress — the  remedy 
is  with  you  alone,  when  you  assemble  in 
sovereign  Convention. 

We  conclude  by  expressing  our  solemn 
conviction  that  prompt  and  decided  action, 
by   the  people   of  Virginia  in  Convention, 
will  afford  the  surest  means  under  the  Provi 
dence   of  God,  of  averting    an    impending 
civil  war,  and  preserving  the  hope  of  recon 
structing  a  Union  already  dissolved. 
J.  M.  MASON, 
It.  M.  T.  HUNTER, 
I).  C.  DE  JARNETTE. 
M.  R.  H.  GAENBTT, 
S  KELT  ON  F.  LEAKE, 
K.  S.  MARTIN, 
H.  A.  EDMUNDSON, 
ROGER  A.  PRYOR, 
THOS.  S.  BOCOCK, 
A.  (T.  JENKINS. 

Washington  City,  January  26th,  1861. 
[Owing  to  the  detention  of  Ex-Governor 
Smith,  at  his  home  in  Virginia,  by  sickness, 
this  address  could  not  be  presented  to  him 
for  his  signature.  There  is  no  doubt  he 
would  have  joined  in  it,  if  present.] 

STIRRING   THE    FIRES. 

The  Richmond  Examiner  of  Friday  last 
contains  the  following  despatch,  intended  to 
"operate"  on  the  election  to  be  held  in  Vir 
ginia  to-day  :  ^ 

"The  following  despatch  fully  explains 
itself.  The  voters  of  Virginia  cannot  now 
fail  to  perform  their  duty  : 

" '  Charleston,  January  30th,  1861. 

"  '  To   Judge    Hopkins,    Richmond.     Vir- 
;     R oin for cemerts  have  been  \  rdered 


to  Fort  Sumter  and  elsewnere.  Will  not 
Virginia,  by  her  Legislature,  interpose  to 
prevent  coercion  ?  It  will  be  too  late  whoa 
her  Convention  meets. 

"J.  S.  PRESTON.'" 

The  Richmond  Whig  states  that  a  similar 
despatch  was  received  by  another  distin 
guished  member  of  the  Legislature.  "  lo 
which,  after  consultation  with  many  leading 
members  of  the  Legislature,  a  reply  was 
made  to  the  effect  that  we,  here,  had  heard 
of  no  attempt  at  coercion,  but  that  the 
President  was  exerting  himself  to  preserve 
peace." 

IN     FEBRUARY. 

From  the  Nashville  Union  of  February  (\th. 
VIRGINIA  DESPATCHES. — Our  special  des 
patch  with  regard  to  the  Virginia  election 
is  direct  from  Richmond,  and  is  from  the 
Editors  of  the  Richmond  Enquirer.  Of 
course  it  is  more  reliable  than  the  despatch 
sent  by  the  Associated  Press  of  the  same 
date. 

Special  Despatch  to  Union  and  American. 
Richmond,  (Fa.)  Feb.  5th.— Resistance 
men  have  carried  the  Convention  overwhelm 
ingly.  Submission  Unionists,  not  twenty- 
elected  ENQUIRER. 

.From  another  column  of  the  same  paper. 

THE   OLD  DOMINION  ! ALL  HAIL  ! 

A  voice,  as  from  the  grave  of  the  im 
mortal  Washington,  tells  us  that  Virginia 
will  be  true  to  her  ancient,  ever  glorious, 
historical  renown.  Throughout  the  length 
of  her  immense  territories  only  twenty 
Submissionist  Union  men  have  been  elected. 
Virginia  will  before  the  4th  of  March  de 
clare  herself  absolved  from  all  further  ob 
ligation  to  a  Government,  etc.  It  is  emi 
nently  proper  that  the  State  which  was  the 
leader  in  the  Revolution,  and  the  first  to 
proclaim  the  great  doctrine  of  State-rights 
in  1799,  should  lead  the  column  of  the 
Border  States. 

From  the  Nashville  Union  of  February  1th. 

IMPORTANT  DESPATCHES ! 

Listen  to  the  following  glorious  news 
from  old  Virginia : 

Richmond,  Pdb.  6th.— To  Win.  Williams  : 
The  Submissionists  will  not  number  thirty 
in  the  Convention.  The  Resistance  men 
have  more  than  one  hundred  elected.  The 
action  of  the  Convention  will  be  prompt  as 
soon  as  the  AVashington  Conference  ad 
journs.  ENQUIRER. 

Will  Tennessee  elect  members  to  her 
Convention  that  wish  to  wait,  wait,  wait 
until  Black  Republicanism  trample  us  in  the 
dust  or  kick  us  out  ? 

We  are  indebted  (says  the  Charlotte  Bul 
letin)  to  our  much-esteemed  Senator,  the 
Hon.  T.  L.  CLINGMAN,  for  the  following 
highly  important  infornrition,  by  telegraph, 
dated  • 


SECESSION    MOVEMENT    DEVELOPED. 


Washington.  Feb.  18th,  1861. 
Editor   Bulletin:      There   is   no   chance 
whatever      for      Crittenden's     proposition. 
North  Carolina  must  secede,  or  aid  Lincoln 
in  making  war  on  the  South. 

T.  L.  CLINGMAN. 

SMASHING  OF  THE  PEACE  CONFERENCE. 

The  following  is  part  of  a  special  telegram 
to  the  Charleston  Mercury,  dated  at  Wash 
ington,  Feb.  21st\: 

-The  only  hope  now  is  in  the  smashing 
tip  of  the  Peace  Congress  and  getting  Vir 
ginia  out/' 

FALSE  DESPATCHES.— The  Fayetteville 
(North  Carolina)  Observer,  referring  to  false 
telegraphic  despatches  sent  out  from  Charles 
ton,  says  :  "  They  are  of  a  piece  with  the 
stories  circulated  in  Georgia  to  affect  the  elec 
tion  in  that  State ;  that  which  preceded  the 
mission  of  the  Wilmington  Committee  to 
Raleigh;  and  that  which  resulted  in  the 
treasonable  seizure  of  Fort  Caswell,  whither 
no  troops  have  been  or  will  be  ordered.  It 
does  not  answer  the  purposes  of  those  en 
gaged  in  disunion  schemes  to  allow  any 
period  of  rest  from  excitement.  The  'South 
ern  heart '  must  be  '  fired,'  that  the  South 
may  be  '  precipitated  into  secession.'  " 


Other  Secessions  Proposed. 

December  24th.  1860. 

Mr.  John  C.  Burch  offered  the  following 
resolution,  which  was  referred  to  the  Com 
mittee  on  Military  affairs : 

That  the  Secretary  of  War  be,  and  is 
hereby,  directed  and  required  to  issue  to  the 
State  "of  California  quotas  of  arms  for  the 
years  1850  and  1851,  equal  to  the  quota 
issued  to  said  State  for  the  year  1852. 
of  such  description  as  the  authorities  of 
paid  State  may  require. 

From  California. 

Fort  Kearney,  Feb.  5th.— The  Pony  Ex 
press  from  California  on  the  19th  has  ar 
rived.  The  Governor's  message  is  strong 
for  the  Union.  The  letters  from  Congress 
men  Scott  and  Burch,  advocating  a  Pacific 
.Republic,  are  severely  denounced  by  the 
papers. 

From  California. 

Fort  Kearney. — The  Pony  Express,  bring 
ing  California  news  as  late  as  the  29th  ultimo, 
has  arrived. 

Senator  Latham's  declaration  that  Cali 
fornia  will  remain  with  the  Union  of  the 
Northern  and  Western  States  is  generally 
commended  by  the  newspapers.  They  un 
doubtedly  present  a  correct  representation 
of  a  vast  majority  of  the  people  of  the 
State. 

From  the  California  correspondent  of  the 
New  York  World,  written  in  the  winter  of 
I860 : 

CALIFORNIA  FOR  THE  UNION. 

On  Friday  last  the  Assembly  passed  a 
series  of  most  warm  and  decided  Union 


resolutions,  declaring  the  rebellion  in  the 
South  to  be  treasonable,  and  recommending 
the  use  of  such  force  as  may  be  found  ne 
cessary  to  vindicate  the  laws  and  preserve 
the  Union.  The  final  vote  was,  ayes  4u. 
nays  22.  The  official  synopsis  of  the  reso 
lutions  is  as  follows : 

Resolved,  By  the  Assembly,  the  Senate 
concurring,  First.  The  withdrawal  of  a 
State  from  its  membership  and  obligations 
in  the  Federal  Union,  in  defiance  of  the 
General  Government,  can  only  be  accom 
plished  by  a  successful  resistance  to  the 
whole  power  of  the  United  States.  Second. 
Decent  respect  to  the  opinions  of  the  people 
of  the  civilized  world,  and  the  instinct  of 
self-preservation  demands  that  the  United 
States  Government  should  use  all  the  power 
necessary  to  enforce  obedience  to  its  laws 
and  to  protect  its  property.  Third.  The 
people  of  the  State  of  California  will  sustain 
and  uphold  the  constitutionally-elected  offi 
cers  of  the  United  States  Government,  in 
all  constutional  efforts  to  preserve  the  in 
tegrity  of  the  Union,  and  to  enforce  obe 
dience  to  the  acts  of  Congress  and  the  de 
cisions  of  the  courts.  After  the  laws  have 
been  enforced,  and  the  power  and  authority 
of  the  Constitution  and  Government  of  the 
United  States  recognized  and  acknowledged, 
every  feeling  of  nationality  and  brotherhood 
demand  that  such  compromises  as  are  con 
sistent  with  justice  shall  be  made  for  the 
purpose  of  restoring  that  harmony  which 
should  characterize  the  people  of  a  common 
country. 

The  majority  vote  was  given  by  moderate 
Douglas  Democrats  and  Republicans,  the  mi 
nority  by  Breckenridge  men,  who  did  not 
conceal,  but  on  the  contrary  loudly  boasted 
their  approval  of  the  secession  of  the  South, 
and  spoke  with  the  utmost  enthusiasm  of  the 
Southern  Confederacy  and  President  Davis. 
The  conflict  of  feeling  on  _ this...  subje_cjt-  .in. 
California  is  more  intense  than  elsewhere, 
because  it  is  between  Northern  arid  Southern 
]ji"i;  \\lio  are  contending  for  ascendancy  in 
.{Re  "State.  Many  of  the  latter,  however, 
refuse  to  accept  the  disunion  issue,  and  de 
clare  their  intention  to  fight  the  battle  of 
the  South  in  the  Union. 

The  result  was  received  with  most  hearty 
applause,  proving  the  devotion  of  our  peo 
ple  to  the  Union,  and  their  love  of  country. 
Considering  the  outrageously-treasonable 
speeches  that  have  been  made  during  the 
sessions,  and  the  symptoms  of  approval 
elicited  by  them,  chiefly  from  secessionists 
in  the  employ  of  the  State,  this  evidence  of 
patriotic  feeling  is  especially  gratifying. 

A  PACIFIC  REPUBPLIC. — The  Shasta  Her 
ald,  of  Saturday,  in  discussing  political 
matters,  says : 

"If  disunion  does  come,  neither  North 
nor  South  need  look  for  aid  and  comfort, 
from  the  Pacific  coast.  The  Almighty  has 
piled  up  the  elements  along  these  shores  for 
a  great  empire,  and  if  it  needs  h.-  oan  inakt 


SECESSION    MOVEMENT   DEVELOPED. 


it    one.     We   have   no   such   interest   that 
woul«Kdemand  an  alliance  with  either  of  the 
belligerents  upon  the  other  side.     We  are, 
find  have  been  for  ten  years,  as  fully  sepa 
rated  from  them  as  though  we  were  but  a  j 
foreign  colony.     This  coast  can  stand  alone,  { 
and  if  disunion  between  Nortn  arid  South  | 
ever  comes,  it  will  stand  alone  and  indepen 
dent.    When  that  day  comes — if  unfortunate 
ly  it  should  ever  come — then  'Long  live  the 
Pacific  Republic !' " 

To  which  the  San  Francisco  Bee  respond 
ed  in  opposition : 

We  have  frequently  mentioned  the  ex- 
'.stence  of  an  organization  in  California, 
having  for  its  object  the  establishment  of  a 
Pacific  Republic  on  this  coast,  in  accordance 
with  the  treasonable  recommendations  of 
Scott  and  Burch.  We  should  have  taken 
some  pains  to  learn  the  names  of  the  leaders 
of  the  movement,  that  they  might  be  held 
up  to  the  scorn  and  ridicule  of  a  union-lov 
ing  people,  had  we  not  been  satisfied,  as  we 
now  are,  that  the  scheme  would  be  frowned 
down  the  moment  it  was  openly  advocated. 
But  two  of  the  ninety  journals  in  California 
have  ventured  to  offer  a  word  in  favor  of  the 
movement,  and  they  were  actuated,  we  im 
agine,  more  by  a  spirit  of  bravado  than  a 
hope  of  success.  Aside  from  a  few  dis 
appointed  office-seekers,  there  are  not  to  be 
found  to-day  in  California,  outside  of  the 
State  prison,  a  thousand  voices  to  give  en-  j 
couragement  to  the  treason.  With  less  to  I 
lhank  the  Union  for  than  any  other  portion 
of  the  Confederacy,  the  people  of  the  Pa 
cific  are  prepared  to  make  any  sacrifice  to 
maintain  it — to  suffer  every  neglect  rather 
than  sever  their  connection  with  it.  Still  a 
Pacific  Republic  is  talked  of,  and  a  con 
spiracy,  with  the  focus  in  San  Francisco, 
is  poisoning  the  land.  One  of  its  leading 
branches,  wre  learn  by  the  Appeal,  is  in 
Marysville.  It  is  a  secret  organization,  and 
is  "  forming,''  says  the  journal,  "  in  a  section 
of  country  lying  back  of  the  Buttes,  with  a 
view  to  establish  a  military  company,  pledged 
to  the  maintamance  of  a  Pacific  Republic. 
They  will  apply  to  the  State  for  arms  under 
the  covert  pretence  of  an  organization  un 
der  the  State  militia  law.  These  misguided 
men  have  been  deluded  into  the  belief  by 
their  leaders  that  the  Union  is  irretrievably 
gone  to  pieces,  and  the  only  hope  for  Cali 
fornia  is  the  immediate  establishment  of 
an  independent  government."  The  raising 
of  the  "  bear  flag,"  at  Stockton,  some  days 
since,  was  probably  a  part  of  the  programme. 
We  are  anxious  to  see  the  faces  of  some  of 
these  revolutionists — to  note  the  mark  with  j 
which  treason/  brands  its  votaries. — San  \ 
Franc  is  co  Mir  ro  r. 

SOUTH  AXD  NORTHWEST. 

The  Cincinnati  Gazette,  in  the  winter  of 
18?:0,  states  : 

V»Te  are  mo?t  reliably  informed  that  there  j 
••ire  acents  of  the  Gulf  States  now  in  the 


city  endeavoring  to  create  a  sentiment 
among  business  men  favorably  to  the  es 
tablishment  of  a  Confederacy  composed  of 
the  Northern  and  Southwestern  States.  A 
well-known  leader  among  the  democracy  has 
been  approached,  our  information  goes  to 
show,  within  the  past  two  or  three  days,  by 
these  agents,  with  a  view  of  obtaining  his 
influence,  but  he  declined  to  have  any  thing 
to  do  with  so  traitorous  a  scheme,  as  he  is 
a  staunch  Union  man.  The  object  is  to 
make  free-trade  the  basis  of  the  confederacy 
—to  cut  off  New  York,  Pennsylvania,  New 
Jersey,  and  all  the  New  England  States, 
which  are  .50  wedded  to  a  protective  tariff. 
These  Southern  gentlemen  state  that  there 
are  agents  of  the  Gulf  States  throughout 
all  the  northwestern  States,  who  are  making 
similar  overtures,  and  that  it  is  their  aim  to 
spring  the  issue  soon  among  the  citizens  of 
those  States. 

MAYOR  WOOD'S  RECOMMENDATION  OF  THE 
SECESSION  OF  NEW  YORK  CITY,  JANU 
ARY  6TH,  1861. 

To  the  Honorable  the  Common  Council: 

GENTLEMEN  :  We  are  entering  upon  the 
public  duties  of  the  year  under  circum 
stances  as  unprecedented  as  they  are  gloomy 
and  painful  to  contemplate.  "  The  great 
trading  and  producing  interests  of  not  only 
the  city  of  New  York,  but  of  the  entire 
country,  are  prostrated  by  a  monetary  cri 
sis  ;  aud  although  similar  calamities  liuve 
before  befallen  us,  it  is  the  first  time  that, 
they  have  emanated  from  causes  having  no 
other  origin  than  that  which  may  be  traced 
to  political  disturbances.  Truly,  may  it 
now  be  said,  "  We  are  in  the  midst  of  :\ 
revolution  bloodless  AS  YET."  Whether  tho 
dreadful  alternative  implied  as  probable  in 
the  conclusion  of  this  prophetic  quotation 
may  be  averted,  "no  human  ken  can  di 
vine."  It  is  quite  certain  that  the  seventy 
of  the  storm  is  unexampled  in  our  history, 
and  if  the  disintegration  of  the  Federal 
Government,  with  the  consequent  destruc 
tion  of  all  the  material  interests  of  the  peo 
ple  shall  not  follow,  it  will  be  owing  more 
to  the  interposition  of  Divine  Providrsnre, 
than  to  the  inherent  preventive  power  of  our 
institutions,  or  the  intervention  of  any  other 
human  agency. 

It  would  seem  that  a  dissolution  oi  iho 
Federal  Union  is  inevitable.  Having  boon 
formed  originally  on  a  basis  of  general  ;iri<i 
mutual  protection,  but  separate  local  inde 
pendence — each  State  reserving  the  entire 
and  absolute  control  of  its  own  domestic 
affairs,  it  is  evidently  impossible  to  keep 
them  together  longer  than  they  deem  them 
selves  fairly  treated  by  each  other,  or  longer 
than  the  interests,  honor  and  fraternity  oi' 
the  people  of  the  several  States  ar-3  ifn'ts- 
fied.  Being  a  Government  create*!  I  y 
opinion,  its  continuance  is  dependent  upoa 
the  continuance  of  the  sentiment  wJi'cb 
formed  it.  It  cannot  be  preserved  by 


SECESSION    MOVEMENT    DEVELOPED. 


coercion  or  held  tog-ether  by  force.  A 
resort  to  this  last  dreadful  alternative  would 
of  itself  destiny  not  only  the  Government, 
but  the  lives  and  property  of  the  people. 

If  these  forebodings  shall  be  realized,  and 
a  separation  of  the  States  shall  occur,  mo 
mentous  considerations  will  be  presented  to 
the  corporate  authorities  of  this  city. 
We  must  provide  for  the  new  relations 
which  will  necessarily  grow  out  of  the  new 
condition  of  public  affairs. 

It  will  not  only  be  necessary  for  us  to 
settle  the  relations  which  we  shall  hold  to 
other  cities  and  States,  but  to  establish,  if 
we  can,  new  ones  with  a  portion  of  our  own 
State.  Being  the  child  of  the  Union,  having 
drawn  our  sustenance  from  its  bosom,  and 
arisen  to  our  present  power  and  strength 
through  the  vigor  of  our  mother — when  de 
prived  of  her  maternal  advantages,  we  must 
rely  upon  our  own  resources  and  assume  a 
position  predicated  upon  the  new  phase 
which  public  affairs  will  present,  and  upon 
the  inherent  strength  which  our  geographi 
cal,  commercial,  political,  and  financial  pre 
eminence  imparts  to  us. 

With  our  aggrieved  brethren  of  the  Slave 
States,  we  have  friendly  relations  and  a 
common  sympathy.  We  have  not  partici 
pated  in  the  warfare  upon  their  constitu 
tional  rights  or  their  domestic  institutions. 
While  other  portions  of  our  State  have  un 
fortunately  been  imbued  with  the  fanatical 
spirit  which  actuates  a  portion  of  the  people 
of  New  England,  the  city  of  New  York  has 
unfalteringly  preserved  the  integrity  of  its 
principles  in  adherence  to  the  compromises 
of  the  Constitution  and  the  equal  rights  of 
the  people  of  all  the  States.  We  have  re 
spected  the  local  interests  of  every  section, 
at  no  time  oppressing,  but  all  the  while  aid 
ing  in  the  development  of  the  resources  of 
the  whole  country.  Our  ships  have  pene 
trated  to  every  clime,  and  so  have  New 
York  capital,  energy  and  enterprise  found 
their  way  to  every  State,  and.  indeed,  to 
almost  every  county  and  town  of  the  Amer 
ican  Union.  If  we  have  derived  sustenance 
from  the  Union,  so  have  we  in  return  dis 
seminated  blessings  for  the  common  benefit 
of  all.  Therefore,  New  York  has  a  right  to 
expect,  and  should  endeavor  to  preserve  a 
continuance  of  uninterrupted  intercourse 
with  every  section. 

It  is,  however,  folly  to  disguise  the  fact 
that,  judging  from  the  past,  New  York  may 
have  more  cause  of  apprehension  from  the 
aggressive  legislation  of  our  own  State 
than  from  external  dangers.  We  have 
already  largely  suffered  from  this  cause. 
For  the  past  five  years,  our  interests  and 
corporate  rights  have  been  repeatedly 
trampled  upon.  Being  an  integral  portion 
of  the  State,  it  has  been  assumed,  and  in 
effect  tacitly  admitted  on  our  part  by  non- 
resistance,  'that  all  political  and  govern 
mental  power  over  us  rested  in  the  State 
Legislature.  Even  the  common  right  of 


taxing  ourselves  for  our  own  government, 
has  been  yielded,  and  we  are  not  permitted 

to  do  so  without  this  authority.  *      *      * 

Thus  it  will  be  seen  that  the  political  con 
nection  between  the  people  of  the  city  and 
the  State  has  been  used  by  the  latter  to  our 
injury.  The  Legislature,  in  which  the  pres 
ent  partizan  majority  has  the  power,  has 
become  the  instrument  by  which  we  are 
plundered  to  enrich  their  speculators,  lobby 
agents,  and  Abolition  politicians.  Laws 
are  passed  through  their  malign  influence 
by  which,  under  forms  of  legal  enactment, 
our  burdens  have  been  increased,  our  sub 
stance  eaten  out,  and  our  municipal  liber 
ties  destroyed.  Self-government,  though 
guaranteed  by  the  State  Constitution,  and 
left  to  every  other  county  and  city,  has 
been  taken  from  us  by  this  foreign  power, 
whose  dependents  have  been  sent  among  us 
to  destroy  our  liberties  by  subverting  our 
political  system. 

How  we  shall  rid  ourselves  of  this  odious 
and  oppressive  connection,  it  is  not  for  me 
to  determine.  It  is  certain  that  a  dissolu 
tion  cannot  be  peacefully  accomplished, 
except  by  the  consent  of  the  Legislature  it 
self.  Whether  this  can  be  obtained  or  not. 
is,  in  my  judgment,  doubtful.  Deriving  so 
much  advantage  from  its  power  over  the  city, 
it  is  not  probable  that  a  partizan  majority  will 
consent  to  a  separation — and  the  resort  to 
force  by  violence  and  revolution  must  not 
be  thought  of  for  an  instant.  We  have 
been  distinguished  as  an  orderly  and  law- 
abiding  people.  Let  us  do  nothing  to  for 
feit  this  character,  or  to  add  to  the  present 
distracted  condition  of  public  affairs. 

Much,  no  doubt,  can  be  said  in  favor  of 
the  justice  and  policy  of  a  separation.  It 
may  be  said  that  secession  or  revolution  in 
any  of  the  United  States  would  be  subver 
sive  of  all  Federal  authority,  and,  so  far  as 
the  Central  Government  is  concerned,  the 
resolving  of  the  community  into  its  original 
elements — that,  if  part  of  the  States  form 
new  combinations  and  Governments,  other 
States  may  do  the  same.  California  and 
her  sisters  of  the  Pacific  will  no  doubt  set 
up  an  independent  Republic  and  husband 
their  own  rich  mineral  resources.  The 
Western  States,  equally  rich  in  cereals  and 
other  agricultural  products,  will  probably 
do  the  same.  Then  it  may  be  said,  why 
should  not  New  York  city,  instead  of  sup 
porting  by  her  contributions  in  revenue 
two-thirds  of  the  expenses  of  the  United 
States,  become  also  equally  independent  ? 
As  a  free  city,  with  but  nominal  duty  on 
imports,  her  local  Government  could  be 
supported  without  taxation  upon  her  peo 
ple.  Thus  we  could  live  free  from  taxes, 
and  have  cheap  goods  nearly  duty  free.  In 
this  she  would  have  the  whole  and  united 
support  of  the  Southern  States,  as  well  as 
all  the  other  States  to  whose  interests  and 
rights  under  the  Constitution  she  haa 
always  been  true. 


SECESSION    MOVEMENT    DEVELOPED. 

It  is  well  for  individuals  or  communities  I  NEW    HAMPSHIRE 

to  look  every  danger  square  in  the  face,  and        Thp  1™  nf  *K    3+ 

to  moet  it  calmly  Ind  bravely.    As  dreadful    com^J  or   bronpbt    '  £***<£?  ^'™ 
as    the   severing  of    the   bonds   that  have  \^T\. V™ *£  8*  V^°          ?        i    iT  ? 

witn   tlie   consent  of  the   master,  shall  be 

free  ;  declares  the  attempt  to  hold  any  per 
son  as  a  slave  within  the  State  as  a  felony, 
with  a  penalty  of  imprisonment  of  not  less 
than  one  nor  more  than  five  years  ;  provi 
ded,  that  the  provisions  of  this  section  shall 


hitherto  united  the  States  has  been  in  con 
templation,  it  is  now  apparently  a  stern  anc 
inevitable  fact.  We  have  now  to  meet 
with  all  the  consequences,  whatever  they 
may  be.  If  the  Confederacy  is  broken  up 
the  Government  is  dissolved,  and  it  behooves 
every  distinct  community,  as  well  as  every 
individual,  to  take  care  of  themselves. 

When  Disunion  has  become  a  fixed  and 
certain  fact,  why  may  not  New  York  dis 
rupt  the  bands  which  bind  her  to  a  vena' 
and  corrupt  master— to  a  people  and  a  party 
that  have  plundered  her  revenues,  attempted 
to  ruin  her  commerce,  taken  away  the  power 
of  self-government,  and  destroyed  the  Con 
federacy  of  which  she  was  the  proud 
Empire  City  ?  Amid  the  gloom  which  the 
present  and  prospective  condition  of  things 
must  cast  over  the  country,  New  York,  as 
a  Free  City,  may  shed  the  only  light  and 
hope  of  a  future  reconstruction  of  our  once 
blessed  Confederacy. 

But  I  am  not  prepared  to  recommend  the 
violence  implied  in  these  views.  In  stating 
this  argument  in  favor  of  freedom,  "peacea 
bly  if  we  can,  forcibly  if  we  must,"  let  me 
not  be  misunderstood.  The  redress  can 
be  found  only  in  appeals  to  the  magnanimity 
of  the  people  of  the  whole  State.  The 
events  of  the  past  two  months  have  no 
doubt  effected  a  change  in  the  popular  senti 
ment  of  the  State  and  National  politics. 
This  change  may  bring  us  the  desired  relief, 
and  we  may  be  able  to  obtain  a  repeal  of 
the  law  to  which  I  have  referred,  and  a  con 
sequent  restoration  of  our  corporate  rights. 
FERNANDO  WOOD,  Mayor. 

January  6th,  1861. 

Personal  Liberty  Laws. 

Among  the  grievances  mentioned  by  the 
South  Carolina  Convention  was  the  exist 
ence  in  Northern  States  of  "  Personal  Lib 
erty  Laws."  We  give  from  the  National 
Intelligencer  of  December  llth,  1860,  a 
summary  of  these  laws,  except  that  of  Mas 
sachusetts,  which  has  been  condensed  more 
accurately  than  was  there  published  : 

MAINE. 

The  laws  of  this  State  provide  that  no 
sheriff,  deputy  sheriff,  coroner,  constable, 
jailer,  justice  of  the  peace,  or  other  officer 
of  the  State  shall  arrest  or  detain  or 
aid  in  so  doing,  in  any  prison  or  building 
belonging  to  this  State,  or  in  any  county  or 
town,  any  persoii  on  account  of  a  claim  on 
him  as  a  fugitive  slave,  under  a  penalty  not 
exceeding  one  thousand  dollars,  and  make 
it  the  duty  of  all  county  attorneys  to  repair 
to  the  place  where  such  person  is  held  in 
custody,  and  render  him  all  necessary  and 
legal  assistance  in  making  his  defence 
against  said  claim. 


not  apply  to  any  act  lawfully  done  by  any 
officer  of  the  United  States,  or  other  person, 
in  the  execution  of  any  legal  process. 

VERMONT. 

This  State,  by  her  several  acts  of  1843, 
1850  and  1858,  provides  that  no  court,  jus 
tice  of  the  peace  or  magistrate,  shall  take 
cognizance  of  any  certificate,  warrant,  or 
process  under  the  fugitive  slave  law  ;  pro 
vides  that  no  officer,  or  citizen  of  the  State, 
shall  arrest,  or  aid,  or  assist  in  arresting, 
any  person  for  the  reason  that  he  is  claimed 
as  a  fugitive  slave  ;  provides  that  no  officer 
or  citizen  shall  aid  or  assist  in  the  removal 
from  the  State  of  any  person  claimed  as  a 
fugitive   slave;  provides    a  penalty  of  one 
thousand    dollars,    or     imprisonment    five 
years  in  State  prison  for  violating  this  act. 
This  act,  however,  shall  not  be  construed  to 
extend  to  any  citizen  of  the  State  acting  as 
a  Judge  of  the  Circuit  or  District  Court  of 
the  United  States,  or  as  Marshal  or  Deputy- 
Marshal  of  the  District  of  Vermont,  or  to 
any  person  acting  under  the  command  or 
authority  of  said  Courts  or  Marshal.     Re 
quires  the  State's  attorneys  to  act  as  coun 
sel  for  alleged  fugitives  ;  provides  for  issuing 
habeas  corpus  and  the  trial  by  jury  of  all 
questions  of  fact  in  issue  between  the  par 
ties  ;    and   ordains   that  every   person  who 
may  have  been  held  as  a  slave,  who  shall 
come,    or  be  brought,  or  be  in   the  State, 
with  or  without  the  consent  of  his  or  her 
master  or  mistress,  or  who  shall   come,  or 
be  brought,  or  be  involuntarily,  or  in  any 
way,  in  this  State,  shall  be  free.     It  is  also 
provided  that  every  person  who  shall  hold, 
or  attempt  to  hold,  in  this  State,  in  slavery, 
or  as  a  slave,    any  person  mentioned  as  a 
slave  in  the  section  of  this  act,   relating  to 
fugitive  slaves,  or  any  free  person  in  any 
form,  or  for  any  time,  however  short,  under 
:he  pretence  that  such  person  is  or  has  been 
i   slave,   shall,    on   conviction   thereof,    be 
mprisoned  in  the  State  prison  for  a  term 
not  less  than  one  year  nor  more  than  fifteen 
years,  and  be  fined  not  exceeding  two  thou 
sand  dollars. 

MASSACHUSETTS. 

Tliat  of  1860. 

The  Governor  to  appoint  commissioners 
in  each  county  to  defend  alleged  fugitive* 
from  service  or  labor,  who  shall  secure  to 
them  impartial  trials  by  jury:  and  the 
alleged  fugitives  may  have  the  services 
of  any  attorney  whose  assistance  may  be  d-^ 
sired. 


SECESSION    MOVKMENT   DEVELOPED. 


45 


All  the  expenses  of  the  defence  of  alleged 
fugitives  to  be  paid  by  the  commonwealth. 

Persons  holding  office  under  this  State 
not  to  issue  process  for  the  arrest  of  alleged 
fugitives,  nor  to  serve  the  same,  nor  to  do 
any  official  act  in  furtherance  of  the  execu 
tion  of  the  fugitive  slave  law  of  1793  or  that 
of  1850.  Any  justice  of  the  peace  offending 
against  this  provision  to  forfeit  not  exceed 
ing  one  thousand  dollars,  or  be  imprisoned, 
in  jail,  not  exceeding  one  year,  for  each 
offence. 

The  jails  and  other  prisons  of  the  State 
not  to  be  used  for  the  detention  or  imprison 
ment  of  any  person  accused  or  convicted  of 
any  offence  created  by  either  of  the  said  acts 
of  Congress ;  or  accused  or  convicted  of  re 
sisting  any  process  issued  under  either  of 
them,  or  of  rescuing  or  attempting  to  rescue 
any  person  detained  under  the  provisions  of 
either  of  said  acts;  nor  for  the  imprisonment 
of  a  person  arrested  on  mesne  process  or  exe 
cution  in  a  suit  for  damages  in  consequence 
of  aid  rendered  to  any  fugitive  escaping  from 
service  or  labor. 

Whoever  removes  from  this  State  or 
assists  in  so  doing,  or  comes  into  the  State 
with  the  intention  of  removing  or  assisting 
in  the  removing  therefrom,  or  procures  or 
assists  in  procuring  to  be  so  removed,  any  per 
son  who  is  not  "held  to  service  or  labor"  by 
the  "party"  making  "claim,"  or  has  not 
"  escaped"  from  the  "  party"  making  "  claim" 
or  whose  "service  or  labor"  is  not  "due"  to 
the  party  making  "claim"  within  the  mean 
ing  of  the  words  of  the  Constitution  of  the 
United  States,  or  the  pretence  that  such 
person  is  so  held  or  has  escaped  or  that  his 
"service  or  labor"  is  so  "due"  or  with  the 
intent  to  subject  him  to  such  "service  or 
labor,"  shall  be  punished  by  fine  not  less 
than  one  thousand  nor  exceeding  five  thou 
sand  dollars,  and  by  imprisonment  in  the 
State  prison  not  less  than  one  nor  more 
than  two  years. 

And  any  person  sustaining  wrong  or  in 
jury  by  any  proceedings  punishable  as  afore 
said,  may  maintain  an  action  and  recover 
damages  therefore. 

Sheriffs,  deputy-sherffs  and  others,  state, 
county,  city,  district  and  town  officers,  and 
officers  of  the  volunteer  militia  forbidden  to 
arrest,  imprison,  detain,  or  return,  or  aid  in 
o  doing,  any  person  for  the  reason  that  he 
s  claimed  or  adjudged  to  be  a  fugitive  from 
service  or  labor,  shall  be  punished  by  fine 
not  less  than  one  thousand  and  not  exceed 
ing  two  thousand  dollars,  and  by  imprison 
ment  in  the  State  prision  not  less  than  one 
nor  exceeding  two  years. 

The  volunteer  militia  not  to  aid  in  the 
seizure,  detention  or  rendition  of  a  person 
for  the  reason  that  he  is  claimed  or  adjudged 
to  be  a  fugitive  from  service  or  labor.  Any 
member  thereof  offending  against  this  pro"- 
vision.  to  be  punished  by  fine  not  less  than 
one  thousand  nor  more  than  two  thousand 
dollars,  and  by  imprisonment  in  the  State 


I  prison  for  not  less  than  one  nor  more  tha*i. 

I  two  years. 

The  penalties  prescribed  by  the  two  pcc- 

i  ceding  sections  not  to  apply  to  any  act  ;>t' 
military  obedience  performed  by  an  officer 
or  private  of  the  militia. 

The  preceding  sections  not  to  apply  to 
fugitives  from  justice.  United  States  judi 
cial  officers  not  to  hold  any  judicial  office 
under  the  constitution  and  laws  of  this  State, 
except  that  of  justice  of  the  peace. 

No  justice  of  the  peace,  while  holding  the 
office  of  a  Commissioner  of  the  United  States 
Circuit  Court,  shall  have  authority  to  grant 
any  warrant  or  to  issue  any  process,  civil  or 
criminal,  other  than  summons  to  witnesses, 
or  hear  and  try  any  cause,  civil  or  criminal, 
under  the  laws  of  this  State. 

ACT  APPROVED    MARCH   25TH,  1861. 

Sec.  1.  Writ  of  habeas  corpus  returnable 
before  the  Supreme  Judicial  Court  except 
in  cases  mentioned  in  Sections  30  and  32, 
Chap.  144  of  General  Statutes. 

Sec.  2.  On  a  trial  upon  a  writ  of  habeas 
corpus,  under  sec.  19  of  san\3  act,  issues  to 
be  framed  under  direction  of  the  court,  and 
rules  of  evidence,  etc.,  to  be  those  of  the 
common  law. 

Sec.  3.  A  person  not  to  be  taken  by  writ 
of  habeas  corpus  out  of  the  custody  of  the 
U.  S.  Marshal,  or  his  deputy,  holding  him 
by  legal  process  issued  by  court  of  competent 
jurisdiction,  provided,  that  the  Supreme 
Judicial  Court  may  investigate  and  deter 
mine  upon  the  validity  and  legal  effect  of 
any  process  which  may  be  relied  upon  to 
defeat  the  writ,  or  any  other  matter  prop 
erly  arising. 

Sec.  4.  No  person  to  be  punished,  who, 
without  any  false  pretence  or  unlawful  intent, 
claims  another  person  as  a  fugitive  from 
service  or  labor. 

Sec.  5.  The  right  of  any  officer  or  court  to 
call  out  the  militia  for  the  prevention  or 
suppression  of  any  riot  or  mob,  is  not  pro 
hibited  by  the  144th  chapter  aforesaid;  the 
officers  or  members  of  the  volunteer  militia 
riot  excused  from  obeying  any  lawful  order, 
or  liable  to  any  penalty  for  executing  the 
same ;  provided,  that  the  militia  shall  not  be 
used  to  hinder  the  service  of  any  lawful  pro 
cess  of  this  commonwealth. 

CONNECTICUT. 

The  State  of  Connecticut  provides  that 
every  person  who  shall  falsely  and  mali 
ciously  declare,  represent,  or  pretend  that 
any  free  person  entitled  to  freedom  is  a  slave, 
or  owes  service  or  labor  to  any  person  or 
persons,  with  intent  to  procure  or  to  aid  or 
assist  in  procuring  the  forcible  removal  of 
such  free  person  from  this  State  as  a  slave, 
shall  pay  a  fine  of  $5,000  and  be  imprisoned 
five  years  in  the  Connecticut  State  prison ; 
requires  two  witnesses  to  pro\e  that  any 
person  is  a  slave  or  owes  labor  ;  denounces  a 
penalty  of  $5,000  against  any  person  seizing 


SECESSION    MOVEMENT    DEVELOPED. 


or  causing  to  be  seized  any  free,  person  with 
ii.reiit  to  reduce  him  to  slavery  ;  depositions 
t:0t  to  be  admitted  as  evidence ;  witnesses 
testifying  falsely,  liable  to  $5,000  fine  and  five 
years  imprisonment. 

RHODE  ISLAND. 

This  State  by  her  legislation  forbids  the 
carrying  away  of  any  person  by  force  out  of 
the  State  ;  forbids  any  judge,  justice,  magis 
trate,  or  court  from  officially  aiding  in  the 
arrest  of  a  fugitive  slave  under  the  fugitive 
slave  law  of  1793  or  1850  ;  forbids  any  sheriff 
or  oilier  officer  from  arresting  or  detaining 
and  person  claimed  as  a  fugitive  slave ;  pro 
vides  a  penalty  of  $500,  or  imprisonment 
not  exceeding  six  months,  for  violating  the 
act ;  denies  the  use  of  her  jails  to  the  United 
States  for  the  detention  of  fugitive  slaves. 

NEW  YOEK. 

The  State  of  New  York  has  passed  no 
laws  having  relation  to  the  United  States 
fugitive  slave  act  of  1850.  Though  pressed 
frequently  upon  the  Legislature,  they  have 
always  failed  of  adoption.  The  old  and  ob 
solete  act  of  1840,  entitled  "  An  act  to  extend 
the  right  of  trial  by  jury,"  extends  the  trial 
by  jury  to  the  cases  of  persons  arrested  as 
fugitive  slaves ;  but  in  the  fourth  edition  of 
the  laws  of  the  State,  as  prepared  and  pub 
lished  by  Hon.  HIRAM  DENIO,  at  present 
Chief  Justice  of  the  Court  of  Appeals,  may 
be  found  appended  to  the  chapter  containing 
this  law  the  following  note  : 

"An  Act  to  Extend  the  Eight  of  Trial  by 
Jury,  passed  May  6th,  1840. — The  decision 
of  the  Supreme  Court  of  the  United  States, 
in  Prigg  vs.  the  Commonwealth  of  Penn 
sylvania,  16  Peters'  R.  539,  establishes  the 
doctrine  that  all  State  laws  calculated  to 
interfere  with  the  third  subdivision  of  sec 
tion  2.  article  4,  of  the  Constitution  of  the 
United  States  are  unconstitutional.  Since 
that  decision  the  fugitive  slave  law  (Laws  of 
Congress,  1850,  chap.  60)  has  been  passed, 
Containing  provisions  repugnant  to  the 
whole  of  this  act.  It  is  therefore  of  no 
force ;  but,  as  it  never  has  been  repealed,  it  is 
here  inserted." 

NEW  JERSEY. 

The  State  of  New  Jersey  has  no  statutes 
bearing  on  this  subject  save  those  which 
enjoin  upon  her  State  officers  the  duty  of  aid 
ing  in  the  recovery  of  fugitive  slaves.  Per 
sons  temporarily  residing  in  the  State  are 
also  permitted  to  bring  with  them  and  re 
tain  their  domestic  slaves. 

PENNSYLVANIA. 

The  State  of  Pennsylvania  has  not  for 
mally  and  specially  legislated  at  all  against 
the  United  States  fugitive  slave  law  of  1850, 
though  there  was  an  old  statute  of  1847 
which  prohibited  any  judge,  justice  of  the 
peace,  or  alderman  from  taking  cognizance 
of  the  case  of  any  fugitive  from  labor,  "un 


der  a  certain  act  of  Congress  passed  on  the 
12th  day  of  February,  1793."  During  the 
last  session  of  her  Legislature  the  Commis 
sioners  appointed  to  revise  and  amend  the 
Penal  Laws  of  Pennsylvania  (John  C.  Knox, 
Edward  King,  and  David  Webster)  made  a 
report  to  the  Legislature  that  they  had  com 
pleted  their  labors,  and  the  result  was  pre 
sented  in  the  shape  of  a  bill  entitled  '•  An 
act  to  consolidate,  revise  and  amend  the 
Penal  Laws  of  this  Commonwealth."  That 
report,  on  the  thirty-first  day  of  March, 
1860,  was  enacted  into  a  law,  and  by  the 
ninety-fifth  section  it  is  enacted  as  follows : 

"No  Judge  of  any  of  the  Courts  of  this 
Commonwealth,  nor  any  Alderman  or  Jus 
tice  of  the  Peace  of  said  Commonwealth, 
shall  have  jurisdiction  or  take  cognizance  of 
the  case  of  any  fugitive  from  labor  from  any 
of  the  United  States  or  Territories  under  any 
act  of  Congress,  nor  shall  any  such  Judge, 
Alderman,  or  Justice  of  the  Peace  of  this 
Commonwealth  issue  or  grant  any  certificate 
or  warrant  of  removal  of  any  such  fugitive 
from  labor,  under  any  act  of  Congress ;  and 
if  any  Alderman  or  Justice  of  the  Peace  of 
this  Commonwealth  shall  take  cognizance  or 
jurisdiction  of  the  case  of  any  such  fugitive, 
or  shall  grant  or  issue  any  certificate  or 
warrant  of  removal,  as  aforesaid,  then,  and 
in  either  case,  he  shall  be  deemed  guilty  of 
a  misdemeanor  in  office,  and  shall,  on  con 
viction  thereof,  be  sentenced  to  pay,  at  the 
discretion  of  the  Court,  any  sum  not  ex 
ceeding  one  thousand  dollars,  the  one-half  to 
the  party  prosecuting  for  the  same,  and  the 
other  half  to  the  use  of  this  Commonwealth." 

The  theory  of  this  law,  it  will  be  seen,  is 
founded  strictly  on  the  decision  of  the  Su 
preme  Court  of  the  United  States  in  the 
Prigg  case,  and  does  not  interfere  with  the 
functions  of  the  Commissioner  appointed 
under  the  United  States  law. 

MICHIGAN.* 

The  law  of  this  State  requires  State's 
attorneys  to  act  as  counsel  for  fugitive 
slaves ;  secures  to  persons  arrested  as  fugi 
tive  slaves  the  benefits  of  the  writ  of  habeas 
corpus,  and  trial  by  jury;  denies  use  of 
State  jails  for  detention  of  alleged  fugitives  ; 
requires  that  identity  of  fugitive  slaves 
shall  be  proved  by  two  credible  witnesses,  or 
by  legal  evidence  equivalent  thereto,  and 
provides  a  fine  of  not  less  than  five  hundred 
nor  more  than  one  thousand  dollars,  and 
imprisonment  in  State  prison  for  five  -years, 
for  forcibly  seizing,  or  causing  to  be  seized, 
any  free  person,  with  intent  to  have  such 
person  held  in  slavery. 

IOWA. 

This  State  has  no  legislation  on  the  sub 
ject. 


*  March,  1861.     A  bill   to  repeal   this  was  indefinitely 
postponed  iu  the  House  by  a  vote  of  43  to  24 


SECESSION    MOVEMENT    DEVELOPED. 


WISCONSIN. 

The  law  of  this  State  enjoins  on  the  dis- 
tv  ict  attorneys  the  duty  of  acting  as  counsel 
tor  a/ieged  fugitive  slaves ;  secures  to  such 
persons  the  benefits  of  the  writ  of  habeas 
corpus  ;  provides  for  appeal  to  be  taken  to 
next  stated  term  of  the  Circuit  Court ;  se 
cures  trial  by  jury  ;  enjoins  a  penalty  of  one 
thousand  dollars  and  imprisonment  of  not 
more  than  five  nor  less  than  one  year  on  all 
who  "  falsely  and  maliciously  represent  any 
free  person  to  be  a  slave" ;  identity  of  alleged 
fugitive  slave  to  be  proved  by  two  credible 
witnesses ;  no  deposition  to  be  received  in 
evidence.  It  is  also  provided  that — 

"  No  judgment  recovered  against  any  per 
son  or  persons  for  any  neglect  or  refusal  to 
obey,  or  any  violations  of,  the  act  of  Con 
gress  commonly  termed  the  '  Fugitive  Slave 
Act/  approved  September  eighteenth,  one 
thousand  eight  hundred  and  fifty,  or  any  of 
the  provisions  thereof,  shall  be  a  lien  on 
any  real  estate  within  this  State,  nor  shall 
any  such  judgment  be  enforcable  by  sale  or 
execution  of  any  real  or  personal  property 
within  this  State  ;  but  all  such  sales  shall  be 
absolutely  void ;  and  in  case  of  seizure  or 
sale  of  any  personal  property,  by  virtue  of 
any  execution  issued  on  such  judgment,  the 
defendant  in  said  execution  may  maintain 
an  action  in  replevin,  or  other  action  to 
secure  possession  thereof,  in  the  manner 
provided  by  law  for  such  actions,  on  affidavit 
tiled  as  required  by  law,  and  a  further  state 
ment  therein  that  said  execution  issued  in  a 
judgment  rendered  under  the  provisions  of 
the  act  of  Congress  aforesaid  ;  and  the  pro 
visions  of  this  section  shall  also  apply  to 
judgments  heretofore  rendered." 

OHIO,   INDIANA,   ILLINOIS,  MINNE 
SOTA,  CALIFORNIA  AND  OREGON. 

We  cannot  find  that  these  States  have  any 
laws  in  force  on  the  subject. 


Notes. 

In   VERMONT    Legislature.   Nov.,  18oG,    a 
!  majority   of  the    Committee   of   House   of 
i  Representatives  reported  in  favor  of  the  re 
|  peal  of  the  above  law,  but  their  proposition 
i  was  rejected  by  a  vote  of  two  to  one. 

In  MAINE,  a  repealing  bill  passed  the  Sen- 
j  ate — yeas   17,    yeas   10,   and    failed   in   the 
House. 

In  MASSACHUSETTS,  a  modifying  bill  was 
i  passed.  For  detail,  see  under  "Massachusetts." 

In  RHODE  ISLAND,  a  repealing  bill  passed 
the  Senate — yeas  21,  nays  9;  the  House- — 
yeas  49,  nays  18. 

In  MICHIGAN,  a  repealing  bill  was  indefi 
nitely  postponed  in  the  House — yeas  43, 
nays  24. 

In  PENNSYLVANIA,  a  repealing  bill  was  in 
troduced  into  the  House,  but  was  not  reached, 
in  the  course  of  business,  when  the  firing  on 
Sumter  opened  the  war.  A  majority  of 
each  House  was  understood  to  be  in  favor  of 
it.  This  law  was  first  passed  in  1847,  after 
the  Prigg  decision;  and  one  section  prohibit 
ing  the  use  of  State  jails  was  repealed  in  1852. 

\J.  S.  Senator  Simmons  of  Rhode  Island, 
in  one  of  his  speeches,  made  these  remarks  : 

"  Complaint  had  been  made  of  personal 
liberty  bills.  Now,  the  Massachusetts  per 
sonal  liberty  bill  was  passed  by  a  Democratic 
House,  a  Democratic  Senate,  and  signed  by 
a  Democratic  Governor,  a  man  who  was 
afterwards  nominated  by  Mr.  Polk  for  the 
very  best  office  in  New  England,  and  was 
unanimously  confirmed  by  a  Democratic 
United  States  Senate.  Further  than  this, 
the  very  first  time  the  attention  of  the  Mas 
sachusetts  Legislature  was  called  to  the  pro 
priety  of  a  repeal  to  this  law  was  by-  a  Re 
publican  Governor,  Governor  Banks.  Now, 
on  the  other  hand,  South  Carolina  had  re 
pealed  a  law  imprisoning  British  colored 
sailors,  but  retained  the  one  imprisoning 
those  coming  from  States  inhabited  by  her 
own  brethren." 


THE  PROCEEDINGS  OF  THE  GOVERNMENT  IN  RELATION 
TO  THE  SECESSION  MOVEMENT. 


Meeting  and  Proceedings  of  Congress. 

THIRTY-SIXTH  CONGRESS SECOND  SESSION. 

Congress  met  on  the  first  Monday  of  De 
cember,  1860,  arid  was  composed  of  the  fol 
lowing  persons : — 

SENATE. 

JOHN  C.  BRECKIXRIDGE  of  Kentucky,  Vice 
President. 

MAINE— H.  Hamlin,*  W.  P.  Fessenden. 

NEW  HAMPSHIRE — John  P.  Hale,  Daniel 
Clark. 

VERMONT — Solomon  Foot,  J.  Collamer. 

MASSACHUSETTS — Henry  Wilson,  Charles 
Stunner. 

RHODE  ISLAND — James  F.  Simmons,  H. 
B.  Anthony. 

CONNECTICUT — L.  S.  Foster,  Jas.  Dixon. 

NEWYORK — Wm.H.Seward,  Preston  King. 

NEW  JERSEY — J.  C.  Ten  Eyck,  J.  R. 
Thomson. 

PENNSYLVANIA — S.  Cameron,  Wm.  Bigler. 

DELAWARE — J.  A.  Bayard,  W.  Saulsbury. 

MARYLAND — J.  A.  Pearce,  A.  Kennedy. 

VIRGINIA — R.  M.  T.  Hunter,  James  M. 
Mason, 

SOUTH  CAROLINA — James  Chesnut,f  Jas. 
H.  Hammond. f 

NORTH  CAROLINA — Thomas  Bragg,  T.  L. 
Clingman. 

ALABAMA — B.  Fitzpatrick,  C.  C.  Clay,  Jr. 

MISSISSIPPI — A.  G.  Brown,  Jeff.  Davis. 

LOUISIANA — J.  P.  Benjamin,  John  Slidell. 

TENNESSEE — A.  0.  P.  Nicholson,  A.  John 
son. 

ARKANSAS — R.  W.  Johnson,  W.  K.  Sebas 
tian. 

KENTUCKY — L.  W.  Powell,  J.  J.  Critten- 
den. 

MISSOURI — Jas.  S.  Green,  Trusten  Polk. 

OHIO— B.  F.  Wade,  Geo.  E.  Pugh. 

INDIANA— J.  D.  Bright,  G.  N.  Fitch. 

ILLINOIS — S.  A.  Douglas,  L.  Trumbull. 

MICHIGAN — Z.  Chandler,  K.  S.  Bingham. 

FLORIDA— D.  L.  Yulee,  S.  R.  Mallory. 

GEORGIA — Alfred  Iverson,  Robt.  Toombs. 

TEXAS— John  Hemphill,  L.  T.  Wigfall. 

WISCONSIN — Charles  Durkee,  J.  R.  Doolit- 
tle. 

IOWA — J.  W.  Grimes,  Jas.  Harlari. 

CALIFORNIA — M.  S.  Latham,  William  M. 
Gwin. 


*  Resigned  January  1 
Lot  M.  Morrill. 
t  Did  not  attend. 
48 


7th,  1861,  and  succeeded  by  Hon. 


MINNESOTA— H.  M.  Rice,  M.  S.  Wilkinson. 
OREGON — Joseph  Lane,  Edward  D.  Baker. 

HOUSE  OF  REPRESENTATIVES. 
WILLIAM    PENNINGTON    of    New    Jersey, 
Speaker. 

MAINE— D.  E.  Somes,  John  J.  Perry,  E. 
B.  French,  F.  H.  Morse,  Israel  Washburn. 
Jr.,t  S.  C.  Foster. 

NEW  HAMPSHIRE — Gilman  Marston,  M. 
W.  Tappan,  T.  M.  Edwards. 

VERMONT— E.  P.  Walton,  J.  S  Morrill. 
H.  E.  Royce. 

MASSACHUSETTS — Thos.  D.  Eliot,  James 
Buffinton,  Charles  Francis  Adams,  Alexan 
der  H.  Rice,  Anson  Burlingame,  John  B. 
Alley,  Daniel  W.  Gooch,  Charles  R.  Train, 
Eli  Thayer,  Charles  Delano,  Henry  L. 
Dawes. 

RHODE  ISLAND — C.  Robinson,  W.  D.  Bray- 
ton. 

CONNECTICUT  —  Dwight  Loomis,  John 
Woodruff.  Alfred  A. Burnham,  Orris  S.  Ferry. 

DELAWARE — W.  G.  Whiteley. 

NEW  YORK — Luther  C.  Carter,  James 
Humphrey,  Daniel  E.  Sickles,  W.  B.  Ma- 
clay,  Thos.  J.  Barr,  John  Cochrane,  George 
Briggs,  Horace  F.  Clark,  John  B.  Haskin. 
Chas.  H.VanWyck,Wm.  S.  Kenyon,  Chas. 
L.  Beale,  Abm.  B.  Olin,  John  H.  Reynolds, 
Jas.  B.  McKean,  G.  W.  Palmer,  Francis  E. 
Spinner,  Clark  B.  Cochrane,  James  H.  Gra 
ham,  Richard  Franchot,  Roscoe  Conkliiiir, 
R.  H.  Duell,  M.  Lmdley  Lee,  Chas.  B.  Hoard. 
Chas.  B.  Sedgwick,  M.  Butterfield,  Emory 
B.  Pottle,  Alfred  Wells,  Wm.  Irvine,  Alfred 
Ely,  Augustus  Frank,  Edwin  R.  Reynolds. 
Elbridge  G.  Spaulding,  Reuben  E.  Fenton. 

NEW  JERSEY — John  T.  Nixon,  John  L.  N. 
Stratton,  Garnett  B.  Adrain,  Jetur  R.  Riggs, 
Wm.  Pennington  (Speaker.) 

PENNSYLVANIA — Thos.  B.  Florence,  E.  Joy 
Morris,  John  P.  Verree,  Wm.  Milhvard,  John 
Wood,  John  Hickman,  Henry  C.  Long- 
necker,  Jacob  K.  McKenty,  Thaddeus 
Stevens,  John  W.  Killinger,  James  H.  Camp 
bell,  George  W.  Scranton,  William  H.  Dim- 
mick,  Galusha  A.  Grow,  James  T.  Hale,  Ben 
jamin  F.  Junkin,  Edward  McPherson,  Samuel 
S.  Blair,  John  Covode,  William  Montgomery, 
James  K.  Moorhead,  Robert  McKnight, 
William  Stewart,  Chapin  Hall,  Elijah  Bab 
bitt. 


J  Resigned  and  succeeded  January  2d,  1861,  by  Hon 
Stephen  Coburn. 


PROCEEDINGS   OF   THE    GOVERNMENT. 


49 


MARYLAND— Jas.  A.  Stewart,  J.  M.  Har 
ris,  H.  W.  Davis,  J.  M.  Kunkel,  G.  W. 
Hughes. 

VIRGINIA— John  S.  Millson,  Muscoe  R.  H. 
Garnett,  Daniel  C.  De  Jarnette,  Roger  A. 
Pryor,  Thomas  S.  Bocock,  William  Smith, 
Alex.  B.  Boteler,  John  T.  Harris,  Albert  G. 
Jenkins,  Shelton  F.  Leake,  Henry  A.  Ed- 
mundson,  Elbert  S.  Martin,  Sherrard 
Clemens. 

SOUTH  CAROLINA— John  McQueen.  Wm. 
Porcher  Miles,  Lawrence  M.  Keitt,  Milledge 
L.  Bonham,  John  D.  Ashmore,  Wm.  W. 
Boyce. 

NORTH  CAROLINA— W.  N.  H.  Smith,  Thos. 
Ruffin,  W.  Winslovv,  L.  O'B.  Branch,  John 
A.  Gilmer,  Jas.  M.  Leach,  Burton  Craige, 
Z.  B.  Vance. 

GEORGIA — Peter  E.  Love,  M.  J.  Crawford, 
Thos.  Hardeman,  Jr.,  L.  J.  Gartrell,  J.  W.  H. 
Underwood,  James  Jackson,  Joshua  Hill, 
John  J.  Jones. 

ALABAMA — Jas.  L.  Pugh,  David  Clopton, 
Sydenh.  Moore,  Geo.  S.  Houston,  W.  R.  W. 
Cobb,  J.  A.  Stallworth,  J.  L.  M.  Curry. 

MISSISSIPPI — L.  Q.  C.  Lamar,  Reuben 
Davis,  William  Barksdale,  0.  R.  Singleton, 
John  J.  McRae. 

LOUISIANA— John  E.  Bouligny,  Miles  Tay 
lor,  T.  G.  Davidson,  John  M.  Landrum. 

OHIO — G.  H.  Pendleton,  John  A.  Gurley, 
C.  L.  Yallandigham,  William  Allen,  James 
M.  Ashley,  Wm.  Howard,  Thomas  Corwiii, 
Benj.  Stanton,  John  Carey,  C.  A.  Trimble, 
Chas.  D.  Martin,  Saml.  S.  Cox,  John  Sher 
man,  H.  G.  Blake,  William  Helmick,  C.  B. 
.Tompkins,  T.  C.  Theaker,  S.  Edgerton,  Ed 
ward  Wade,  John  Hutchins,  John  A.  Bing- 
ham. 

KENTUCKY — Henry  C.  Burnett,  Green 
Adams,  S.  0.  Peyton,  F.  M.  Bristow,  W.  C. 
Anderson,  Robert  Mallory.  Wm.  E.  Simms, 
L.  T.  Moore,  John  Y.  Brown,  J.  W.  Steven 
son. 

TENNESSEE — T.  A.  R.  Nelson,  Horace 
Maynard,  R.  B.  Brabson,  William  B.  Stokes, 
Robert  Hatton,  James  H.  Thomas,  John  V. 
Wright,  James  M.  Quarles,  Emerson  Ether- 
idge,  Wm.  T.  Avery. 

INDIANA— Wm.  E.  Niblack,  Wm.  H.  Eng 
lish,  Wm.  M'Kee  Dunn,  Wm.  S.  Holman, 
David  Kilgore,  Albert  G.  Porter,  John  G. 
Davis,  James  Wilson,  Schuyler  Colfax,  Chas. 
Case,  John  U.  Pettit. 

ILLINOIS— E.  B.  Washburne,  J.  F.  Farns- 
worth,  Owen  Lovejoy,  Wm.  Kellogg,  I.  N. 
Morris,  John  A.  McClernand,  James  C. 
Robinson,  P.  B.  Fouke,  John  A.  Logan. 

ARKANSAS — Thomas  C.  Hindman,  Albert 
Rust. 

MISSOURI — J.  R.  Barrett,  T.  L.  Anderson, 
John  B.  Clark,  James  Craig,  S.  H.  Wood- 
son,  John  S.  Phelps,  John  W.  Noell. 

MICHIGAN— William  A.  Howard,  Henry 
Waldron,  F.  W.  Kellogg.  De  W.  C.  Leach. 

FLORIDA— George  S7  Hawkins. 

TKXAS — John  H.  Reagan,  A.  J.  Hamilton. 

IOWA — S.  R.  Curtis,  Wm.  Yandever. 
4 


CALIFORNIA — Charles  L.  Scott,  John  0. 
Burch. 

WISCONSIN— John  F.  Potter.  C.  C.  Wash- 
burn,  C.  H.  Larrabee. 

MINNESOTA — Cyrus  Aldrich,Wm.  Windom, 

OREGON — Lansing  Stout. 

KANSAS — Martin  F.  Conway,  (sworn  Jan. 
30th,  1861). 

President   Buchanan's   Last   Annual 
Message. 

It  was  delivered  on  Tuesday,  December 
4th,  1860. 

Mr.  Buchanan  alluded  to  the  distracted 
condition  of  the  country,  and  appealed  to 
the  American  people.  He  declared  that  the 
election  of  any  one  of  our  fellow-citizens  to 
the  office  of  President  does  not,  of  itself, 
afford  just  cause  for  dissolving  the  Union ; 
and  that,  to  justify  a  revolutionary  resist 
ance  the  Federal  Government  must  be  guilty 
of  "a  deliberate,  palpable,  and  dangerous 
exercise"  of  powers  not  granted  by  the 
Constitution — which,  he  alleged,  and  pro- 
ceeded  to  prove,  was  not  at  all  the 
case.  He  denied  that  "  secession"  could  be 
justified  as  a  Constitutional  remedy,  and 
asserted  that  the  "  principle  is  wholly  incon 
sistent  with  the  history,  as  well  as  the  char 
acter,  of  the  Federal  Constitution ;"  and 
claimed  that  such  a  proposition  was  not  ad 
vanced  until  many  years  after  the  origin  of 
the  Federal  Government,  and  that  then  it 
was  met  and  refuted  by  the  conclusive  argu 
ments  of  General  Jackson.  He  held  that 
this  Government  is  invested  with  all  the 
attributes  of  sovereignty  over  the  special 
subjects  to  which  its  authority  extends,  and 
then  discussed,  in  the  following  language, 
what  he  denominated 

THE    POWER    TO    COERCE    A    STATE. 

The  question,  fairly  stated,  is:  Has  the 
Constitution  delegated  to  Congress  the 
power  to  coerce  a  State  into  submission 
which  is  attempting  to  withdraw  or  has  ac 
tually  withdrawn  from  the  Confederacy  ?  If 
answered  in  the  affirmative,  it  must  be  on 
the  principle  that  the  power  has  been  con 
ferred  upon  Congress  to  declare  and  to  make 
war  against  a  State.  After  much  serious 
reflection  I  have  arrived  at  the  conclusion 
that  no  such  power  has  been  delegated  to 
Congress  nor  to  any  other  department  of  the 
Federal  Government.  It  is  manifest,  upon 
an  inspection  of  the  Constitution,  that  this 
is  not  among  the  specific  and  enumerated 
powers  granted  to  Congress ;  and  it  is 
equally  apparent  that  its  exercise  is  not 
"necessary  and  proper  for  carrying  into 
execution"  any  one  of  these  powers.  So 
far  from  this  power  having  been  delegated 
to  Congress,  it  was  expressly  refused  by  the 
Convention  which  framed  the  Constitution. 
It  appears,  from  the  proceedings  of  that 
body,  that  on  the  31st  May,  1787,  the  clause 
"  authorizing  an  exertion  of  the  force  of 


50 


PROCEEDINGS    OF    THE    GOVERNMENT. 


the  whole  against  a  delinquent  State"  came  ;  Virginia  Legislature  against  the  "  alien  and 
up  for  consideration.  Mr.  Madison  opposed  >  sedition  acts,"  as  "palpable  and  alarming  in- 
it  in  a  brief  but  powerful  speech,  from  which  j  fractions  of  the  Constitution."  In  pointing: 
I  shall  extract  but  a  single  sentence.  He  out  the  peaceful  and  constitutional  remedies, 
observed  :  "  The  use  of  force  against  a  State  and  he  referred  to  none  other  to  which  the 
would  look  more  like  a  declaration  of  war  I  States  were  authorized  to  resort  on  such 
than  an  infliction  of  punishment,  and  would  i  occasions,  he  concludes  by  saying,  "that  th( 
probably  be  considered  by  the  party  attacked  !  Legislatures  of  the  States  might  have  made 
as  a  dissolution  of  all  previous  compacts  by  !  a  direct  representation  to  Congress  with  & 
which  it  might  be  bound."  Upon  his  mo- 1  view  to  obtain  a  rescinding  of  the  two  offend 
tion  the  clause  was  unanimously  postponed,  |  ing  acts,  or  they  might  have  represented  tc 
and  was  never,  1  believe,  again  presented.  I  their  respective  Senators  in  Congress  their 
Soon  afterwards,  on  the  8th  June,  1787,  |  wish  that  two-thirds  thereof  would  propose 
when  incidentally  adverting  to  the  subject,  |  an  explanatory  amendment  to  the  Constitu 
he  said  :  "  Any  Government  for  the  United  j  tion,  or  two-thirds  of  themselves,  if  such  had 
States,  formed  on  the  supposed  practicability  '  been  their  option,  might,  by  an  application 
of  using  force  against  the  unconstitutional  to  Congress,  have  obtained  a  Convention 
proceedings  of  the  States,  would  prove  as  for  the  same  object," 

visionary  and  fallacious  as  the  government  This  is  the  very  course  which  I  earnestly 
of  Congress,"  evidently  meaning  the  then  |  recommend  in  order  to  obtain  an  "explana- 
existing  Congress  of  the  old  Confedera-  j  tory  amendment"  of  the  Constitution  on  the 
tion.  I  subject  of  slavery.  This  might  originate  with 

Without  descending  to  particulars,  it  may  !  Congress  or  the  State  Legislatures,  as  may  be 
be  safely  asserted  that  the  power  to  make  deemed  most  advisable  to  attain  the  object, 
war  against  a  State  is  at  variance  with  the  The  explanatory  amendment  might  be 
whole  spirit  and  intent  of  the  Constitution,  j  confined  to  the  final  settlement  of  the  true 
Suppose  such  a  war  should  result  in  the  construction  of  the  Constitution  on  three 


special  points : 

1.  An  express  recognition  of  the  right  of 


conquest  of  a  State,  how  are  we  to  govern  it 

afterwards  ?     Shall  we  hold  it  as  a  province 

and  govern  it  by  despotic  power  ?     In  the  !  property  in  slaves  in  the  States  where  it  now 

nature  of  things  we  could  not,  by  physical  |  exists  or  may  hereafter  exist. 

force,  control   the  will  of  the   people,  and  |      2.  The  duty  of  protecting  this  right  in  all 

compel  them  to   elect  Senators  and  Repre- 1  the  common  Territories  throughout   their 

sentatives  to  Congress,  and  to  perform  all  I  territorial  existence,  and  until  they  shall  be 

the  other  duties  depending  upon  their  own  I  admitted  as  States  into  the  Union,  with  or 

volition,  and  required  from  the  free  citizens    without  slavery,  as  their  constitutions  may 

of  a  free  State  as  a  constituent  member  of    prescribe. 


the  Confederacy. 

But,  if  we  possessed  this  power,  would  it 
be  wise  to  exercise  it  under  existing  circum 
stances  ?  The  object  would  doubtless  be  to 
preserve  the  Union.  War  would  not  only 
present  the  most  effectual  means  of  destroy 
ing  it,  but  would  banish  all  hope  of  its 
peaceable  reconstruction.  Besides,  in  the 
fraternal  conflict  a  vast  amount  of  blood  and 
treasure  would  be  expended,  rendering  future 
reconciliation  between  the  States  impossible. 
In  the  meantime  who  can  foretell  what 
would  be  the  sufferings  and  privations  of  the 
people  during  its  existence  ? 

The  fact  is.  that  our  Union  rests  upon 
public  opinion,  and  can  never  be  cemented 
by  the  blood  of  its  citizens  shed  in  civil 
war.  If  it  cannot  live  in  the  affections  of 
the  people,  it  must  one  day  perish.  Con 
gress  possesses  many  means  of  preserving 
it  by  conciliation;  but  the  sword  was  not 
placed  in  their  hand  to  preserve  it  by  force. 
In  this  connexion,  I  shall  merely  call  at 
tention  to  a  few  sentences  in  Mr.  Madison's 
justly  celebrated  report,  in  1799,  to  the 
Legislature  of  Virginia.  In  this  he  ably  and 
conclusively  defended  the  resolutions  of  the 
preceding  Legislature  against  the  strictures 
of  several  other  State  Legislatures.  These 
were  mainly  founded  upon  the  protest  of  the 


is,  that  a  very  large  proportion  of  the 
of  the  United  States  still  contest  the 


3.  A  like  recognition  of  the  right  of  the 
master  to  have  his  slave,  who  hss  escaped 
from  one  State  to  another,  restored  and  "de 
livered  up"  to  him,  and  of  the  validity  of  the 
fugitive-slave  law  enacted  for  this  purpose, 
together  with  a  declaration  that  all  State 
laws  impairing  or  defeating  this  right  are 
violations  of  the  Constitution,  and  are  con 
sequently  null  and  void. 

It  may  be  objected  that  this  construction 
of  the  Constitution  has  already  been  settled 
by  the  Supreme  Court  of  the  United  States, 
and  what  more  ought  to  be  required  ?  The 
answer  " 
people 

correctness  of  this  decision,  and  never  will 
cease  from  agitation  and  admit  its  binding 
force  until  established  by  the  people  of  the 
several  States  in  their  sovereign  character. 
Such  an  explanatory  amendment  would,  it  is 
believed,  forever  terminate  the  existing  dis 
sensions  and  restore  peace  and  harmony 
among  the  States. 

It  ought  not  to  be  doubted  that  such  an 
appeal  to  the  arbitrament  established  by  the 
Constitution  itself  would  be  received  with 
favor  by  all  the  States  of  the  Confederacy. 
In  any  event,  it  ought  to  be  tried  in  a  spirit 
of  conciliation  before  any  of  these  States 
shall  separate  themselves  fiom  the  Union. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


51 


Opinion  of  Attorney- General    Black 
upon  the  Powers  of  the  President. 

ATTOKNHY-GKNERAL'S  OFFICE, 

November20,  I860. 

SIR  :  I  have  had  the  honor  to  receive  your  uote  of  the 
17th,  and  I  now  reply  to  the  grave  questions  therein  pro 
pounded  as  fully  as  the  time  allowed  me  will  permit. 

Withiu  their  respective  spheres  of  action  the  Federal 
Government  aud  tlie  Government  of  a  State  are  both  of 
them  independent  aud  supreme,  but  each  is  utterly  power 
less  beyond  the  limits  assigned  to  it  by  the  Constitution. 
If  Congress  would  attempt  to  change  the  law  of  descents, 
to  make  a  new  rule  of  personal  succession,  or  to  dissolve 
the  family  relations  existing  in  any  State,  the  act  would 
be  simply  void,  but  not  more  void  than  would  be  a  State 
law  to  prevent  the  recapture  of  fugitives  from  labor,  to 
forbid  the  carrying  of  the  mails,  or  to  stop  the  collection 
of  duties  on  imports.  The  will  of  a  State,  whether  ex 
pressed  in  its  constitution  or  laws,  cannot,  while  it  remains 
in  the  Confederacy,  absolve  her  people  from  the  duty  of 
obeying  the  fjust  and  constitutional  requirements  of  the 
Central  Government.  Nor  can  any  act  of  the  Central  Gov 
ernment  displace  the  jurisdiction  of  a  State,  because  the 
laws  of  the  United  States  are  supreme  and  binding  only  so 
far  as  they  are  passed  in  pursuance  of  the  Constitution. 
I  do  not  say  what  might  be  effected  by  mere  revolution 
ary  force.  I  am  speaking  of  legal  and  constitutional  right. 

This  is  the  view  always  taken  by  the  Judiciary,  and  so 
universally  adopted  that  the  statement  of  it  may  seem 
common-place.  The  Supreme  Court  of  the  United  States 
has  declared  it  in  many  cases.  I  need  only  refer  you  to  the 
United  States  vs.  Booth  where  the  present  Chief  Justice, 
expressing  the  unanimous  opinion  of  himself  and  all  his 
brethren,  enunciated  the  doctrine  in  terms  so  clear  and 
full  that  any  further  demonstration  of  it  can  scarcely  be 
required. 

The  duty  which  these  principles  devolve  not  only  upon 


Up] 

,  is 


which  merchandi/e  is  imported,  and  from  whence  it  is  ex- 

Corted.  It  is  created  by  law.  It  is  not  merely  a  harbor  or 
aven,  for  it  may  be  established  where  there  is  nothing  but 
an  open  roadstead,  or  ou  the  shore  of  a  navigable  river,  or 
at  any  other  place  where  vessels  may  arrive  aud  discharge 
or  take  in  their  cargoes.  It  comprehends  the  city  or  town 
which  is  occupied  by  the  mariners,  merchants,  and  others 
who  are  engaged  in  the  business  of  importing  and  export 
ing  goods,  navigating  the  ships  and  furnishing  them  with 
provisions.  It  includes  also  so  much  of  the  water  adjacent 
to  the  city  as  is  usually  occupied  by  vessels  discharging  or 
receiving  their  cargoes,  or  lying  at  anchor  and  waiting  for 
th»i  purpose. 

The  first  section  of  the  act  of  March  2d,  1833,  authorized 
the  President  in  a  certain  contingency  to  direct  that  the 
custom-house  for  any  collection  district  be  established  and 
kept  in  any  secure  place  within  some  port  or  harbor  of 
such  district,  either  upon  land  or  on  board  any  vessel. 
But  this  provision  was  temporary,  aud  expired  at  the  end 
of  the  session  of  Congress  next  afterwards.  It  conferred 
upon  the  Executive  a  right  to  remove  the  site  of  the 
custom-house,  not  merely  to  any  secure  place  within  the 
legally-established  port  of  entry  for  the  district — that  right 
he  had  before — but  it  widened  his  authority  so  as  to  allow 
the  removal  of  it  to  any  port  or  harbor  within  the  whole 
district.  The  enactment  of  that  law  and  the  limitation  of 
it  to  a  certain  period  of  time  now  past,  is  not  therefore,  an 
argument  against  the  opinion  above  expressed  that  you 
can  now  if  necessary,  order  the  duties  to  be  collected  on 
board  a  vessel  inside  of  any  established  port  of  entry. 
Whether  the  first  aud  fifth  sections  of  the  act  of  1833,  both 
of  which  were  made  temporary  by  the  eighth  section, 
should  be  re-enacted,  is  a  question  for  the  legislative 
department. 

Your  right  to  take  such  measures  as  may  seem  to  be 
necessary  for  the  protection  of  the  public  property  is  very 
clear.  It  results  from  the  proprietary  rights  of  the  Gov 
ernment  as  owner  of  the  forts,  arsenals,  magazines,  dock 
yards,  navy-yards,  custom-houses,  public  ships,  and  other 
property  which  the  United  States  have  bought,  built.  %nd 
paid  for.  Besides,  the  Government  of  the  Uuiteu  >«ates 
is  authorized  by  the  Constitution  (Art.  I,  Sec.  8)  to  "ex 
ercise  exclusive  legislation  in  all  cases  whatsoever  .  .  over 
all  places  purchased  by  the  consent  of  the  Legislature  of 
the  State  in  which  the  same  shall  be  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful 
buildings.''  It  is  believed  that  no  important  public  build 
ing  has  been  bought  or  erected  on  ground  where  the  Legis 
lature  of  the  State,  in  which  it  is,  has  not  a  passed  a  law 
consenting  to  the  purcha.se  of  it  aud  ceding  the  exclusive 
jurisdiction.  This  Government,  then,  is  not  only  the 
owner  of  those  buildings  and  grounds,  but,  by  virtue  of 
the  supreme  and  paramount  law,  it  regulates  the  action 
and  punishes  the  offences  of  all  who  are  within  them.  If 
any  one  of  an  owner's  rights  is  plainer  than  another,  it 
is  that  of  keeping  exclusive  possession  and  repelling  in 
trusion.  The  right  of  defending  the  public  property  in 
cludes  also  the  right  of  recapture  after  it  has  been  unlaw 
fully  taken  by  another.  President  Jefferson  held  the 
opinion,  and  acted  upon  it,  that  he  could  order  a  military 
force  to  take  possession  of  any  land  to  which  the  United 
States  had  title,  though  they  had  never  occupied  it  before, 
though  a  private  party  claimed  and  held  it,  and  though 

that  implies  the  power  to  use  such  means  as  may  beneces-  |  it  was  not  then  needed  nor  proposed  to  be  used  for  any 
sary  and  proper  to  accomplish  the  end  of  the  Legislature.  |  purpose  connected  with  the  operations  of  the  Government. 
But  where  the  mode  of  performing  a  duty  is  pointed  out  !  This  may  have  been  a  stretch  of  Executive  power  ;  but 
by  statute,  that  is  the  exclusive  mode,  and  no  other  can  the  right  of  retaking  public  property  in  which  the  Gov- 
be  followed.  The  United  States  have  no  common  law  to  1  ernment  has  been  carrying  on  its  lawful  business,  and 
fall  back  upon  when  the  written  law  is  defective.  If,  I  from  which  its  officers  have  been  unlawfully  thrust  out, 
therefore,  an  act  of  Congress  declares  that  a  certain  thing  cannot  well  be  doubted ;  and  when  it  was  exercised  at 
shall  be  done  by  a  particular  officer,  it  cannot  be  done  by  ,  Harper's  Ferry  in  October,  1859,  every  one  acknowledged 
a  different  officer.  The  agency  which  the  law  furnishes  the  legal  justice  of  it. 

for  its  own  execution  must  be  used,  to  the  exclusion  of  all  i  I  come  now  to  the  point  in  your  letter  which  is  proba- 
others.  For  instance,  the  revenues  of  the  United  States  bly  of  the  greatest  practical  importance.  By  the  act  of 
are  to  be  collected  in  a  certain  way,  at  certain  established  !  1807  you  may  employ  such  parts  of  the  land  and  naval 
ports,  and  by  a  certain  class  of  officers;  the  President  has  forces  as  you  shall  judge  necessary  for  the  purpose  of 
no  authority,  under  any  circumstances,  to  collect  the  same  '  causing  the  laws  to  be  duly  executed,  in  all  cases  where 
revenues  at  other  places  by  a  different  sort  of  officers,  or  it  is  lawful  to  use  the  rnilitia  for  the  same  purpose.  By  the 
in  ways  not  provided  for.  Even  if  the  machinery  fur-  act  of  179.3  the  militia  may  be  called  forth  "  whenever  the 
uished  by  Congress  for  the  collection  of  the  duties  should  laws  of  the  United  States  shall  be  opposed  or  the  execution 
by  any  cause  become  so  deranged  or  broken  up  that  it  thereof  obstructed  in  any  State  by  combinations  too  power- 
could  not  be  used,  that  would  not  be  a  legal  reason  for  ful  to  be  suppressed  by  the  ordinary  course  of  judicial  pro- 
substituting  a  different  kind  of  machinery  in  its  place.  ceedings,  or  by  the  power  vested  in  the  marshals."  This 
The  law  requires  that  all  goods  imported  into  the  United  imposes  upon  the  President  the  sole  responsibility  of  de- 
States  within  certain  collection-districts  shall  be  entered  ciding  whether  the  exigency  has  arisen  which  requires 
at  the  proper  port,  and  the  duty  thereon  shall  be  received  the  use  of  military  force  ;  aud  in  proportion  to  the  mag- 
by  the  Collector  appointed  for  and  residing  at  that  port,  nitude  of  that  responsibility  will  be  his  care  not  to  over- 
But  the  functions  of  the  Collector  may  be  exercised  any-  step  the  limits  of  his  legal  and  just  authority, 
where  at  or  within  the  port.  There  is  no  law  which  con-  i  The  laws  referred  to  in  the  act  of  1793  are  manifestly 
iues  him  to  the  custom-house,  or  to  any  other  particular  !  those  which  are  administered  by  the  judges  and  executed 
spot.  If  the  custom-house  were  burnt  down,  he  might  re-  I  by  the  ministerial  officers  of  the  courts  for  the  punishment 
move  to  another  building;  if  he  were  driven  from  the  shore,  !  of  crime  against  the  United  States,  for  the  protection  of 
fte  might  go  on  board  a  vessel  in  the  harbor.  If  he  keeps  rights  claimed  under  the  Federal  Constitution  and  laws, 
within  the  port  he  is  within  the  law.  A  port  is  a  place  to  !  and  for  the  enforcement  of  such  obligations  as  come 


every  officer,  but  every  citizen,  is  that  which  Mr.  Jefferson 
expressed  so  compendiously  in  his  first  inaugural,  namely, 
"  to  support  the  State  Governments  in  all  their  rights,  as 
the  most  competent  administrations  for  their  domestic 
concerns,  and  the  surest  bulwarks  against  anti-republican 
tendencies,"  combined  with  "the  preservation  of  the 
General  Government,  in  its  whole  constitutional  vigor, 
»,s  the  sheet-anchor  of  our  peace  at  home  and  safety 
abroad." 

To  the  Chief  Executive  Magistrate  of  the  Union  is  con 
fided  the  solemn  duty  of  seeing  the  laws  faithfully  exe 
cuted.  That  he  may  be  able  to  meet  this  duty  with  a 
power  equal  to  its  performance,  he  nominates  his  own 
subordinates  and  removes  them  at  his  pleasure.  For  the 
same  reason  the  laud  and  naval  forces  are  under  his  orders 
as  their  commander-in-chief.  But  his  power  is  to  be  used 
only  in  the  manner  prescribed  by  the  legislative  depart 
ment.  He  cannot  accomplish  a  legal  purpose  by  illegal 
means,  or  break  the  laws  himself  to  prevent  them  from 
being  violated  by  others. 

The  acts  of  Congress  sometimes  give  the  President  a 
broad  discretion  in  the  use  of  the  means  by  which  they  are 
to  be  executed,  and  sometimes  limit  his  power  so  that  he 
can  exercise  it  only  in  a  certain  prescribed  manner.  Where 
the  law  directs  a  thing  to  be  done,  without  saying  how, 


PROCEEDINGS    OF    TUE    GOVERNMENT. 


•within  the  cognizance  of  the  Federal  Judiciary.  To  com 
pel  obedience  to  these  laws,  the  Courts  have  authority  to 
punish  all  who  obstruct  their  regular  administration,  and 
the  marshals  and  their  deputies  have  the  same  powers 
as  sheriffs  and  their  deputies  in  the  several  States  in  exe 
cuting  the  laws  of  the  States.  These  are  the  ordinary 
means  provided  for  the  execution  of  the  laws,  and  the 
whole  spirit  of  our  system  is  opposed  to  the  employment 
of  any  other  except  in  cases  of  extreme  necessity,  arising 
out  of  great  and  unusual  combinations  against  them. 
Their  agency  must  continue  to  be  used  until  their  in 
capacity  to  cope  with  the  power  opposed  to  them  shall 
be  plainly  demonstrated.  It  is  only  upon  clear  evidence 
to  that  effect  that  a  military  force  can  be  called  into  the 
field.  Even  then  its  operations  must  he  purely  defensive. 
It  can  suppress  only  such  combinations  as  are  found 
directly  opposing  the  laws  and  obstructing  the  execution 
thereof.  It  can  do  no  more  than  what  might  and  ought 
to  be  done  by  a  civil  posse,  if  a  civil  posse  could  be 
raised  large  enough  to  meet  the  same  opposition.  On 
such  occasions  especially  the  military  power  must  be 
kept  in  strict  subordination  to  the  civil  authority,  since  it 
is  only  in  aid  of  the  latter  that  the  former  can  act  at  all. 

But  what  if  the  feeling  in  any  State  against  the  United 
States  should  become  so  universal  that  the  Federal  officers 
themselves  (including  judges,  district-attorneys,  and  mar 
shals;  would  be  reached  by  the  same  influences,  and  resign 
their  places?  Of  course  the  first  step  would  be  to  appoint 
others  in  thoir  stead,  if  others  could  be  got  to  serve.  But, 
in  such  an  event,  it  is  more  than  probable  that  great  diffi 
culty  would  be  found  in  filling  the  offices.  We  can  easily 
conceive  how  it  might  become  altogether  impossible.  We 
are  therefore  obliged  to  consider  what  can  be  done  in  case 
we  have  no  courts  to  issue  judicial  process,  and  no  minis 
terial  officers  to  execute  it.  In  that  event  troops  would 
certainly  be  out  of  place,  and  their  use  wholly  illegal.  If 
they  are  sent  to  aid  the  courts  and  marshals,  there  must  be 
courts  and  marshals  to  be  aided.'  Without  the  exercise  of 
those  functions,  which  belong  exclusively  to  the  civil  ser 
vice,  the  laws  cannot  be  executed  in  any  event,  no  matter 
what  may  be  the  physical  strength  which  the  Government 
has  at  its  command.  Under  such  circumstances,  to  send  a 
military  force  into  any  State  with  orders  to  act  against  the 
people  would  be  simply  making  war  upon  them. 

The  existing  laws  put  and  keep  the  Federal  Government 
strictly  on  the  defensive.  You  can  use  force  only  to  repel 
an  assault  on  the  public  property,  and  aid  the  courts  in  the 
performance  of  their  duty.  If  the  means  given  you  to  col 
lect  the  revenue  and  execute  the  other  laws  be  insufficient 
for  that  purpose,  Congress  may  extend  and  make  them 
more  effectual  to  that  end. 

If  one  of  the  States  should  declare  her  independence, 
your  action  cannot  depend  upon  the  rightfulness  of  the 
cause  upon  which  such  declaration  is  based.  Whether  the 
retirement  of  a  State  from  the  Union  be  the  exercise  of  a 
right  reserved  in  the  Constitution  or  a  revolutionary  move 
ment,  it  is  certain  that  you  have  not  in  either  case  the 
authority  to  recogni/e  her  independence  or  to  absolve  her 
from  her  Federal  obligations.  Congress  or  the  other  States 
in  convention  assembled  must  take  such  measures  as  may 
be  necessary  and  proper.  In  such  an  event  I  see  no  course 
for  you  but  to  go  straight  onward  in  the  path  you  have 
hitherto  trodden,  that  is,  execute  the  laws  to  the  extent  of 
the  defensive  means  placed  in  your  hands,  and  act  generally 
upon  the  assumption  that  the  present  constitutional  rela 
tions  between  the  States  and  the  Federal  Government  con 
tinue  to  exist  until  a  new  order  of  things  shall  be  estab 
lished,  either  by  law  or  force. 

Whether  Congress  has  the  constitutional  right  to  make 
•war  against  one  or  more  States,  and  require  the  Executive 
of  the  Federal  Government  to  carry  it  on  by  means  of 
force  to  be  drawn  from  the  other  States,  is  a  question  for 
Congress  itself  to  consider.  It  must  be  admitted  that  no 
such  power  is  expressly  given;  nor  are  there  any  words 
in  the  Constitution  which  imply  it.  Among  the  powers 
enumerated  in  article  I.  section  8,  is  that  "  to  declare  war, 
grant  letters  of  marque  and  reprisal,  and  to  make  rules 
concerning  captures  on  land  and  water."  This  certainly 
means  nothing  more  than  the  power  to  commence  and 
carry  on  hostilities  against  the  foreign  enemies  of  the  na 
tion.  Another  clause  in  the  same  section  gives  Congress 
fhe  power  "  to  provide  for  calling  forth  the  militia,"  and  to 
use  them  within  the  limits  of  the  State.  But  this  power  is 
so  restricted  by  the  words  which  immediately  follow,  that 
it  can  be  exercised  only  for  one  of  the  following  purposes  : 

1.  To  execute  the  raws  of  the  Union;  that  is,  to  aid  the 
Federal  officers  in  the  performance  of  their  regular  duties. 

2.  To  suppress  insurrections  against  the  States  ;  but  this  is 
confined  by  article  IV.  section  4,  to  cases  in  which  the  State 
herself  shall  apply  for  assistance  against  her  own  people. 

3.  To  repel  the  invasion  of  a  State  by  enemies  who  come 
from  abroad  to  assail  her  in  her  own  territory.     All  these 
provisions  are  made  to  protect  the  States,  not  to  authorize 
an  attack  by  one  part  of  the  country  upon  another;  to 
preserve  their  peace,  and  not  to  plunge  them  into  civil  war. 


Our  forefathers  do  not  seem  to  have  thought  that  war  was 
calculated  ''to  form  a  more  perfect  union,  establish  justice, 
insure  domestic  tranquility,  provide  for  the  common  de 
fence,  promote  the  general  welfare,  and  secure  the  blessing* 
of  liberty  to  ourselves  ;ind  our  posterity."  There  wa-  un 
doubtedly  a  strong  and  universal  conviction  among  the  men 
who  framed  and  ratified  the  Constitution,  that  military 
force  would  not  only  be  useless,  but  pernicious  as  a  means 
of  holding  the  States  together. 

If  it  be  true  that  war  cannot  be  declared,  nor  a  system 
of  general  hostilities  carried  on  by  the  central  government 
against  a  State,  then  it  seems  to  follow  that  an  attempt  to 
do  so  would  bo  ipso  facto  an  expulsion  of  such  State  from 
the  Union.  Being  treated  as  an  alien  and  an  enemy,  she 
would  be  compelled  to  act  accordingly.  And  if  Congress 
shall  break  up  the  present  Union  by  unconstitutionally 
putting  strife  and  enmity,  and  armed  hostility,  between 
different  sections  of  the  country,  instead  of  the  "  domestic 
tranquillity"  which  the  Constitution  was  meant  to  insure, 
will  not  all  the  States  be  absolved  from  their  Federal  obli 
gations  ?  Is  any  portion  of  the  people  bound  to  contribute 
their  money  or  their  blood  to  carry  on  a  contest  like  that? 

The  right  of  the  General  Government  to  preserve  itself 
in  its  whole  constitutional  vigor  by  repelling  a  direct  and 
positive  aggression  upon  its  property  or  its  officers,  cannot 
be  denied.  But  this  is  a  totally  different  thing  from  an 
offensive  war  to  punish  the  people  for  the  political  misdeeds 
of  their  State  governments,  or  to  prevent  a  threatened  vio 
lation  of  the  Constitution,  or  to  enforce  an  acknowledgment 
that  the  government  of  the  United  States  is  supreme.  The 
States  are  colleagues  of  one  another,  and  if  some  of  them 
shall  conquer  the  rest  and  hold  them  as  subjugated  prov 
inces,  it  would  totally  destroy  the  whole  theory  upon  which 
they  are  now  connected. 

If  this  view  of  the  subject  be  as  correct  as  I  think  it  is, 
then  the  Union  must  utterly  perish  at  the  moment  when 
Congress  shall  arm  one  part  of  the  people  against  another 
for  any  purpose  beyond  that  of  merely  protecting  the  Gen 
eral  Government  in  the  exercise  of  its  proper  constitutional 
functions.  I  am,  very  respectfully,  yours,  etc., 

J.  S.  BLACK. 

To  the  President  of  the  United  States. 

Committee  of  Thirty-three. 

December  4th.  In  the  House  of  Repre 
sentatives,  Mr.  BOTELER  of  Virginia  moved 
that  so  much  of  the  President's  message  as 
relates  to  the  present  perilous  condition 
of  the  country  be  referred  to  a  special 
committee  of  one  from  each  State,  which 
was  agreed  to — yeas  145,  nays  38,  as  follows  : 

YEAS— Meesrs.  Adams  of  Massachusetts,  Adams  of 
Ky.,  Adrain,  Aldrich,  Allen,  Alley,  Anderson  of  Ky., 
Anderson,  of  Missouri,  Avery,  Babbitt.  Barr,  Barrett, 
Bocock,  Boteler,  Bouligny,  Branch,  Brayton.  Bri.zgs,  Bris- 
tow,  Brown,  Burch,  Burmtt,  Campbell,  Carter,  Ciark  of  N. 
Y.,  Chirk  of  Mo.,  Cobb,  John  (.bchrane  of  N.  York,  Colf.ix, 
Conkling.  Corwin,  Covodo,  Cox,  Curtis,  Davis  of  Md.,  7/u'is 
of  Ind.,  Davit,  of  Miss.,  DeJarnette,  Delano,  Duell,  Dunn, 
Edmundson,  Eliot,  Ely,  English,  Ethoridgo.  Ferry.  Fkrrence, 
FoBtT,  Fouke,  Frank,  French,  Gilmor,  Gooch,  Graham, 
Gurley,  Hale,  Hall,  Hardeman,  Harris  of  Md.,  Harris 
of  Va.,  Haskin,  Hatton,  Helmick,  Hill,  Hoard,  Hohnan, 
Houston,  Howard  of  Ohio,  Hughes,  Humphrey,  Jenkins, 
Junkin,  Kellogg  of  Illinois,  Kenyon.  Kilgore,  Killinger, 
Kunkel;  Larrabee,  Leach  of  N.  Carolina,  Leake,  Logan, 
Longnecker,  Love,  Maday,  Martin  of  Ohio,  Martin,  of  Va., 
Maynard,  McClernard,  3/cA'ew£.'/,McPherson,  JUillson,  Moore 
of  Ky.,  Moorhead,  Morrill,  Morris  of  Penn..  J/orrisot'Ill.,Nel- 
son,  Niblack,  Nixon,  JToell,  Palmer,  Pendleton,  Pettit,  Pey 
ton,  Phdps,  Porter,  Pryor,  Quarlos,  Reynolds,  Rice,  lifggs, 
Robinson  of  R.  I.,  Robinson  of  Illinois,  Royce,  Rust,  Sickles, 
Smith  of  Va.,  Smith  of  N.  C.,  Somes,  Spmilding.  Spinner, 
Stevt-nson,  Stewart  of  Md.,  Stewart  of  Pa.,  Stokes.  Stout,  Strat- 
ton,  Thayer,  Theaker  Thomas,  Train,  Trimble,  Vallan<li<j- 
ham,  Vance,  Vandevur,  Verreo,  Walton,  Washburn  of  Me., 
Webster,  Whiteley, Window,  Winston',  Wood,  Woodruff — 145. 

NAYS— Messrs.  Ashloy,  Beak-,  Bingham,  Blair,  Blake, 
Buffinton,  Burlingamo,  Burnham,  Carey,  Case,  Edgerton, 
Fcnton.  Grow,  Ilickman.  Howard  of  Mich.,  Hutrhins,  Ir 
vine,  Kellogg  of  Mich.,  Leach  of  Mich.,  Lee,  Loomis,  Love- 
joy,  McKcan,  McKnight,  Morse,  Perry,  Potter,  Pottle, 
Mgwick,  Sherman,  Stanton,  Stevens,  Tappan.  Tompkins, 
Wade,  Washburn  of  Wis.,  Washburne  of  111.,  Wells — 38. 

During  the  vote,  Mr.  SINGLETON  of  Mis 
sissippi,  said  he  declined  to  vote  because  ho 
had  not  been  sent  here  to  make  any  com- 


PROCEEDINGS    OF    THE    GOVERNMENT. 


53 


promise  oj  patch  up  existing  difficulties, 
ariid  that  a  Convention  of  the  people  of  Mis 
sissippi  would  consider  and  decide  the  sub 
ject. 

Mr.  HAWKINS  of  Florida,  said  the  day  of 
compromise  had  passed,  and  that  he  was 
opposed,  and  he  believed  his  State  was  op 
posed,  to  all  and  every  compromise. 

Mr.  CLOPTON  of  Alabama,  believed  in  the 
right  of  a  State  to  secede,  considered  that 
the  only  remedy  for  present  evils,  and  would 
not  hold  out  any  delusive  hope,  or  sanction 
any  temporizing  policy. 

Mr.  MILES  of  South  Carolina,  said  their 
delegation  had  not  voted  on  the  question 
because  they  conceived  they  had  no  inter 
est  in  it.  They  considered  their  State  as 
already  withdrawn  from  the  Confederacy  in 
every  thing  except  form. 

Mr.  PUGH  of  Alabama,  said  that  State  in 
tended  following  South  Carolina  out  of  the 
Union  by  the  I0th  of  January  next,  and  he 
paid  no  attention  to  any  action  taken  in  this 
body.  The  Committee  consisted  of 

Mr.  Corwin  of  Ohio. 

Mr.  Millson  of  Virginia. 

Mr.  Adams  of  Massachusetts. 

Mr.  "Winslow  of  North  Carolina. 

Mr.  Humphrey  of  New  York. 

Mr.  Boyce  of  South  Carolina. 

Mr.  Campbell  of  Pennsylvania. 

Mr.  Love  of  Georgia. 

Mr.  Ferry  of  Connecticut. 

Mr.  Davis  of  Maryland. 

Mr.  Eobinson  of  Rhode  Island. 

Mr.  Whiteley  of  Delaware. 

Mr.  Tappan  of  New  Hampshire. 

Mr.  Stratton  of  New  Jersey. 

Mr.  Bristow  of  Kentucky. 

Mr.  Merrill  of  Vermont. 

Mr.  Nelson  of  Tennessee. 

Mr.  Dunn  of  Indiana. 

Mr.  Taylor  of  Louisiana. 

Mr.  Reuben  Davis  of  Mississippi. 

Mr.  Kellogg  of  Illinois. 

Mr.  Houston  of  Alabama. 

Mr.  Morse  of  Maine. 

Mr.  Phelps  of  Missouri. 

Mr.  Rust  of  Arkansas. 

Mr.  Howard  of  Michigan. 

Mr.  Hawkins  of  Florida. 

Mr.  Hamilton  of  Texas. 

Mr.  Washburn  of  Wisconsin. 

Mr.  Curtis  of  Iowa. 

Mr.  Burch  of  California. 

Mr.  Windom  of  Minnesota. 

Mr.  Stout  of  Oregon. 

Messrs.  Hawkins  and  Boyce  asked  to  be 
excused  from  service  on  the  Committee,  but ! 
the  House  refused. 



Propositions  Submitted  to  the   Com 
mittee. 

By  Mr.  THAYER  of  Massachusetts.  A  series  ' 
of  resolutions  to  the  effect  that  the  repre-  i 
sentatives  of  the  people  should  devote] 
themselves  to  the  cause  of  the  country,  in  | 
the  spirit  of  the  fathers  of  the  Republic  ;  i 


that  the  people  should  be  true  to  their  consti 
tutional  obligations  ;  that  as  our  differences 
had  arisen  mainly  from  the  acquisition  of 
new  territory,  no  more  territory  ought 
ever  to  be  acquired  ;  affirming  the  right  of 
self-government  in  the  Territories  as  inde 
pendent  of  Congress  or  the  President ;  in 
favor  of  admission  of  new  States  with  a  pop 
ulation  equal  to  the  ratio  of  representation  ; 
that  the  Government  of  the  United  States 
should  never  own  any  more  territory,  and 
that  annexation  of  territory  in  the  future 
should  only  be  by  consent  of  the,  States; 
that  there  should  be  no  Congressional  legis 
lation  whatever  on  the  subject  of  slavery, 
and  that  every  Congressional  District  should 
in  future  be  an  Electoral  District,  entitled 
every  four  years  to  elect  one  Presidential 
elector. 

By  Mr.  JOHN  COCHRANE  of  New  York.  A 
preamble  and  resolution  to  the  effect  that 
the  decision  of  the  Supreme  Court  in  the 
Dred  Scott  case  should  be  received  as  a  set 
tlement  of  the  questions  therein  discussed 
and  decided  ;  also,  in  favor  of  amending  the 
Constitution  so  as  to  give  a  right  to  Con 
gress  to  establish  territorial  governments  ; 
providing  for  admission  of  new  States  with 
a  population  equal  to  the  Federal  ratio  of 
representation,  with  or  without  slavery,  and 
prohibiting  Congress  and  the  people  of  the 
territory  from  impairing  the  right  of  prop 
erty  in  slaves  during  its  existence  as  a  ter 
ritory. 

Mr.  JOHN  COCHRANE  of  New  York,  also 
offered  amendments  to  the  Constitution  in 
favor  of  a  division  of  territory  on  the  line  of 
thirty-six  degrees  thirty  minutes  ;  in  favor 
of  admission  of  new  States  with  or  without 
slavery  ;  to  prohibit  Congress  from  abolish 
ing  the  inter-State  slave-trade  ;  reaffirming 
the  obligation  of  the  fugitive  slave  law  ; 
guaranteeing  a  right  of  transit  in  free  States 
of  persons  with  slaves,  and  declaring  void 
all  nullifying  acts  of  State  or  Territorial 
Legislatures. 

Mr.  JOHN  COCHRANE  of  New  York,  also 
offered  a  preamble  and  resolutions  to  the 
same  effect,  as  regards  the  question  of  sla 
very  in  the  territories,  with  his  proposition 
to  amend  the  Constitution,  just  cited,  and 
coupled  with  a  resolution  declaring  that  the 
Constitution  of  the  United  States  existed 
only  by  agreement  of  sovereign  States,  and 
that  any  attempt  of  the  Federal  Govern 
ment  to  coerce  a  sovereign  State  into  the 
observance  of  the  Constitutional  compact, 
would  be  to  levy  war  upon  a  substantial 
power  and  precipitate  a  dissolution  of  the 
Union. 

Mr.  HASKIN  offered  as  a  substitute  to  the 
above,  a  resolution  directing  the  Committee 
on  the  Judiciary  to  inquire  and  report  as  to 
what  action  Congress  should  take  in  regard 
to  enforcing  the  Constitution  and  laws  in 
South  Carolina,  and  what  was  the  duty  of 
the  Executive  in  this  regard. 

By  Mr.  MALLORY  of  Kentucky.    Instruct- 


PROCEEDINGS    OF    THE    GOVERNMENT 


ing  the  Committee  of  Thirty-three  in  favor 
of  a  division  of  territory  on  line  of  thirty- 
six  degrees  thirty  minutes,  and  admis 
sion  of  new  States  with  a  population  equal 
to  the  Federal  ratio  of  representation,  with 
or  without  slavery,  and  to  prohibit,  Congress 
from  abolishing  slavery  in  any  places  within 
its  jurisdiction,  or  from  abolishing  the  inter- 
State  slave-trade. 

By  Mr.  STEVENSON  of  Kentucky.  To  so 
amend  the  fugitive  slave  law  as  to  make  it 
felony  to  resist  the  execution  of  said  law 

By  Mr.  ENGLISH  of  Indiana.  That  said 
committee  be  instructed  to  inquire  into  the 
expediency  of  settling  all  matters  of  con 
troversy  upon  the  following  basis  :  1.  Divi 
sion  of  Territory  between  the  free  and  slave 
States,  with  provision  for  admission  of  new 
States  with  a  population  equal  to  the  Fed 
eral  ratio  of  representation.  2.  Prohibiting 
Congress  from  impairing  the  right  of  prop 
erty  in  slaves.  3.  Making  the  city,  county,  or 
township  liable  in  double  the  value  of  fugi 
tive  slaves  forcibly  rescued,  etc. 
By  Mr.  KILGORE  of  Indiana.  To  give  the  right 
of  trial  by  jury,  where  a  fugitive  slave  claims 
to  be  free,  with  right  of  appeal  on  writ  of 
error  to  either  party.  Monied  compensation 
in  case  of  rescue  by  force,  etc.,  and  making 
it  a  criminal  offence  to  resist  the  enforce 
ment  of  the  fugitive  slave  law. 

By  Mr.  HOLMAN  of  Indiana.  Resolutions 
opposing  the  right  of  secession,  declaring 
the  duty  of  the  General  Government  to  en 
force  with  temperate  firmness  and  in  good 
faith  the  provisions  of  the  Constitution,  and 
instructing  the  Committee  of  Thirty-three  to 
inquire  and  report  what  legislation  is  needed 
to  thwart  any  attempted  nullification. 

By  Mr.  NIBLACK  of  Indiana.  That  the  com 
mittee  be  instructed  to  inquire  and  report 
whether  Congress  has  power  to  provide  by 
law  for  a  payment  of  money  to  the  owner  of  a 
fugitive  slave  prevented  by  violence  from  re 
capturing  him. 

By  Mr.  JOHN  A.  MCCLERNAND  of  Illinois 
To  same  effect,  and  further  to  inquire  and 
report  as  to  the  expediency  of  establishing 
a  special  Federal  police  to  execute  the  laws 
of  the  United  States,  and  prevent  opposition 
thereto. 

By  Mr.  NOELL  of  Missouri.  That  said 
Committee  be  instructed  to  inquire  and  re- 
po.rt  as  to  the  expediency  of  abolishing  the 
office  of  President  of  the  United  States, 
and  establishing  in  lieu  thereof  an  Executive 
Council  of  three  members  to  be  elected  by 
districts  composed  of  contiguous  States 
as  nearly  as  possible — each  member  to  be 
armed  with  a^  veto  power ;  and  also  as  to 
whether  the  equilibrium  of  free  and  slave 
States  in  the  United  States  Senate  can  be 
restored  and  preserved,  particularly  by  a 
voluntary  division  of  sonic  of  the  slave 
States  into  two  or  more  States. 

By  Mr.  HINDMAN  of  Arkansas.  In  favor 
of  amending  the  Constitution  as  follows : 

1st.    An   express   recognition  of  slavery 


in  the  States  where  it  exists,  and  prohibition 
of  right  of  Congress  to  interfere  therewith 
or  with  the  inter-State  slave-trade. 

2d.  Expressly  requiring  Congress  to  pro 
tect  slavery  in  the  territories,  and  in  all 
places  under  its  jurisdiction. 

3d.  For  admission  of  new  States,  with  or 
without  slavery,  as  their  Constitutions 
should  provide. 

4th.  Eight  of  transit  for  persons  with 
slaves  through  the  free  States. 

5th.  To  prohibit  a  right  of  represen 
tation  in  Congress  to  any  States  passing 
laws  to  impair  the  obligations  of  the  fugitive 
slave  law  until  such  acts  shall  have  been 
repealed. 

6th.  Giving  the  slave  States  a  negative 
upon  all  acts  of  Congress  relating  to  slavery. 

7th.  Making  the  above  amendments,  and 
all  provisions  of  the  Constitution  relative 
to  slavery  unamendable. 

8th.  Granting  to  the  several  States  au 
thority  to  appoint  all  Federal  officers  within 
their  respective  limits. 

By  Mr.  LARRABEE  of  Wisconsin.  Rec 
ommending  the  several  States  to  call  a 
Convention  of  all  the  States  to  adopt  such 
measures  as  the  existing  exigency  required. 

By  Mr.  ANDERSON  of  Missouri.  In  fa 
vor  of  a  joint  resolution  to  refer  the  ques 
tions  at  issue  between  the  free  and  slave 
States  to  the  Supreme  Court  of  the  United 
States  for  their  opinion,  and  when  obtained, 
that  Congress  should  pass  all  necessary 
laws  for  giving  effect  to  the  opinion  of  said 
court. 

By  Mr.  SMITH  of  Virginia.  In  favor  of 
declaring  out  of  the  Union  every  State 
which  shall  aim  by  legislation  to  nullify  an 
act  of  Congress. 

By  Mr.  SICKLES  of  New  York.  To 
amend  the  Constitution  so  as  to  provide, 
that  whenever  a  Convention  of  delegates 
chosen  in  any  State  by  the  people  thereof 
under  a  recommendation  of  its  Legislature, 
shall  rescind  its  ratification  of  the  Consti 
tution,  the  President  shall  appoint,  with 
consent  of  the  Senate,  three  Commissioners 
to  agree  with  such  State  regarding  the  dis 
position  of  the  public  property  therein,  and 
the  proportion  of  the  public  debt  which 
such  State  ought  to  assume,  which  being 
approved  by  the  President  and  two-thirds 
of  the  Senate,  he  shall  by  proclamation  de 
clare  the  assent  of  the  United  States  to  the 
withdrawal  of  any  such  State  from  the 
Union. 

By  Mr.  DUNN  of  Indiana.  A  resolution 
in  favor  of  a  more  effectual  execution  of 
the  2d  Section  of  the  4th  Article  of  the 
Constitution  to  secure  the  personal  rights 
of  citizens  of  any  State,  travelling  or  so 
journing  in  any  other  State. 

By  Mr.  ADRAIN  of  New  Jersey.  A 
series  of  resolutions  in  substance  as  follows  : 
Declaring  the  doctrine  of  non-intervention 
of  Congress  in  the  territories ;  the  right  of 
the  people  to  be  admitted  as  a  State,  either 


PROCEEDINGS   OF   THE   GOVERNMENT. 


55 


with  or  without  slavery,  as  its  Constitution 
should  provide  ;  in  favor  of  the  repeal  of  all 
enactments  of  State  Legislatures  which  con 
flicted  with  acts  of  Congress,  or  the  Con 
stitution,  affirming  the  constitutionality  of 
the  fugitive  slave  law ;  inculcating  a  kind 
and  fraternal  spirit  among  the  people  of  the 
different  States,  and  deprecating  any  inter 
ference  with  the  domestic  institutions  of  one 
another,  and  declaring  that  the  Constitution 
could  only  be  preserved  by  the  same  spirit 
of  compromise  that  had  governed  its  for 
mation. 

By  Mr.  MORRIS  of  Pennsylvania.  In 
structing  the  Committee  of  Thirty-three  to 
report  if  there  are  any  personal  liberty  bills 
of  any  State  in  conflict  with  the  fugitive 
slave  law,  and  to  inquire  and  report  if  the 
fugitive  slave  law  is  not  susceptible  of  amend 
ment  so  as  to  prevent  kidnapping,  and  ren 
der  more  certain  the  ascertainment  of  the 
true  character  of  the  fugitive. 

By  Mr.  STEWART  of  Maryland.  A  lengthy 
preamble  reciting  to  the  effect  that  the  States 
were  sovereign,  independent  political  organi 
zations  originally,  and  had  united  from  time  to 
time  under  such  form  of  association  or  union 
as  was  deemed  expedient — which  form  of  as 
sociation  had  been  from  time  to  time  changed 
peaceably  as  circumstances  required;  that 
it  was  the  deliberate  opinion  of  many  of  the 
people  that  our  present  form  of  government, 
from  causes  either  resulting  from  or  in  vio 
lation  of  the  Constitution,  was  inadequate 
for  the  purposes  for  which  it  was  created ; 
that  certain  States  were  threatening  to  with 
draw  their  allegiance;  and  that  we  had 
reached  a  crisis  in  our  history  which  required 
an  alteration  of  the  present  form  of  govern 
ment  ;  and  he  followed  with  a  resolution  in 
structing  the  committee  on  the  President's 
message  to  inquire  if  any  measures  could  be 
adopted  for  preserving  the  rights  of  all  the 
States  under  the  Union,  and  if  not,  to  then 
inquire  as  to  the  best  mode  of  adjusting  the 
rights  of  the  several  States  in  a  dissolution 
of  the  Union. 

By  Mr.  LEAKE  of  Virginia.  A  resolution 
in  favor  of  the  amendment  of  the  Constitu 
tion  in  the  following  particulars  :  Making  it 
the  duty  of  Congress  to  pass  laws  to  protect 
slavery  where  it  exists  ;  taking  away  all  terri 
torial  jurisdiction  over  the  matter  ;  guaran 
teeing  the  right  of  transit  for  persons  with 
their  slaves  in  any  State ;  reaffirming  the 
fugitive  slave  clause,  with  additional  provi 
sion  for  compensation  in  case  of  failure  to 
return  the  fugitive. 

By  Mr.  JENKINS  of  Virginia.  A  resolution 
directing  the  Committee  of  Thirty-three  to  in 
quire  into  the  best  mode  of  amending  the 
fugitive  slave  law  so  as  to  adequately  punish 
its  infraction  and  render  compensation  when 
the  slave  should  not  be  restored ;  also  as  to 
whether  the  election  of  a  President  hostile  to 
the  slaveholding  interest  was  not  a  sufficient 
reason  to  justify  the  slaveholding  States  to  re 
quire  that  their  concurrent  sanction  should  be 


separately  given  to  every  act  of  the  Federal 
Government,  or  whether  there  should  be  a 
dual  Executive  or  a  dual  Senate,  or  the 
assent  of  a  majority  of  the  Senators  from 
each  section  necessary  to  pass  any  law,  or 
what  other  measures  were  needed  for  the 
protection  of  the  slaveholding  States. 

By  Mr.  Cox  of  Ohio.  A  resolution  direct 
ing  the  Committee  of  Thirty-three  to  in 
quire  what  additional  legislation  was  neces 
sary  to  enforce  the  provisions  of  the  Con 
stitution  relative  to  rendition  of  fugitives, 
and  that  such  inquiry  should  be  made 
with  special  reference  to  punishing  all  judges, 
attorney-generals,  executives,  and  other 
State  officers  who  should  oppose  its  execution. 

By  Mr.  HUTCHINS  of  Ohio.  A  resolution 
directing  said  committee  to  inquire  what 
legislation  was  needed  to  give  effect  to  sec 
tion  two  of  article  four  of  the  Constitution, 
granting  to  "  the  citizens  of  each  State  all 
the  privileges  and  immunities  of  citizens  in 
the  several  States,"  and  to  secure  to  all  the 
people  the  full  benefit  of  article  four  of 
amendments  to  the  Constitution,  which 
guarantees  exemption  from  unreasonable 
searches  and  seizures,  etc. 

By  Mr.  SHERMAN  of  Ohio.  A  series  of 
resolutions  to  the  effect  that  the  only  remedy 
for  existing  dissensions  was  to  be  found  in  a 
faithful  observance  of  all  the  compromises  of 
the  Constitution  and  the  laws  made  in  pur 
suance  thereof;  instructing  the  Committee  of 
Thirty-three  to  inquire  whether  any  State  or 
the  people  thereof  have  failed  of  their  duty 
in  this  regard,  and  if  so  what  remedy  should 
be  made  therefor,  and  directing  said  com 
mittee  to  divide  the  remaining  Territories 
into  States  of  convenient  size  with  a  view  to 
their  immediate  admission  into  the  Union. 

By  Mr.  BINGHAM  of  Ohio.  A  resolution 
directing  the  committee  to  report  such  addi 
tional  legislation  as  might  be  needed  to  put 
down  armed  rebellion  and  protect  the  prop 
erty  of  the  United  States  from  seizure,  and 
the  citizens  thereof  from  unlawful  violence. 

OTHER  PROPOSITIONS  SUBMITTED  TO  THE  HOUSE. 

Mr.  ETHERIDGE  of  Tennessee  proposed  a 
series  of  amendments  to  the  Constitution, 
in  substance  as  follows  : 

That  Congress  shall  not  interfere  with 
slavery  in  the  States,  nor  in  any  forts, 
arsenals,  etc.,  ceded  to  the  United  States 
by  a  slave  State,  nor  in  the  District  of  Col 
umbia,  without  the  consent  of  Maryland, 
Virginia,  and  the  inhabitants  of  the  District, 
nor  without  making  compensation  ;  nor  with 
the  inter-State  slave-trade.  Foreign  slave- 
trade  prohibited.  In  regard  to  slavery  in 
Territories,  a  provision  similar  to  that  pro 
posed  by  Mr.  Cochrane,  before  cited.  No 
foreign  territory  to  be  acquired  except  on  a 
concurrent  two-thirds  vote  of  both  houses  of 
Congress  or  by  a  treaty  ratified  by  two-thirds 
of  the  members  of  the  Senate ;  and  an  amend 
ment  in  reference  to  rendition  of  fugitives 
from  justice. 


56 


PROCEEDINGS    OF    THE    GOVERNMENT. 


Mr.  DAVIS  of  Indiana.  A  preamble  and 
resolution  reciting1  the  Ordinance  of  Seces 
sion  of  South  Carolina,  and  directing  the 
Committee  on  the  Judiciary  to  inquire  and 
report  what  legislation  had  been  rendered 
necessary  in  consequence  thereof. 

Mr.  HOLMAN  of  Indiana,  offered  a  series  of 
resolutions,  denying  the  right  of  secession, 
affirming  it  to  be  the  duty  of  the  General 
Government  to  collect  the  revenue  and  pro 
tect  the  public  property,  and  instructing  the 
Committee  on  the  Judiciary  to  inquire  and 
report  what  legislation  is  needed  to  enable 
the  Government  to  discharge  its  constitu 
tional  duty  in  these  regards. 

Mr.  FLORENCE  of  Pennsylvania,  offered  as  a 
substitute  for  the  report  of  the  Committee 
of  Thirty-three  a  series  of  amendments  to 
the  Constitution,  in  substance  as  follows : 

1st.  Granting  the  right  to  hold  slaves  in 
all  territory  south  of  36°  30',  and  prohibit 
ing  Congress  and  the  Territorial  Legislature 
from  interfering  with  it  therein,  or  in  any 
other  place  within  the  jurisdiction  of  the 
United  States,  without  the  consent  of  all 
the  slave  States. 

2d.  Admitting  States  into  the  Union  with 
a  population  equal  to  the  ratio  of  represen 
tation,  with  or  without  slavery,  as  their 
Constitution  shall  prescribe. 

3d.  Prohibiting  any  alteration  of  the 
present  basis  of  representation — declaring 
the  slavery  question  to  be  one  exclusively 
for  each  State ;  but  with  proviso  that  this 
amendment  shall  not  be  construed  so  as  to 
release  the  General  Government  from  its 
obligations  to  suppress  domestic  insurrection 
in  any  State. 

4th.  Giving  the  right  to  abolish  slavery 
in  the  District  of  Columbia  exclusively  to 
the  State  of  Maryland. 

5th.  Prohibiting  any  State  from  passing 
laws  to  obstruct  the  "rendition  of  fugitive 
slaves. 

6th.  Granting  the  right  of  transit  with 
slaves  through  all  the  States. 

7th.  Declaring  all  slaves  brought  into  any 
State  by  permission  thereof,  and  escaping, 
to  be  fugitives  from  labor. 

8th.  Prohibiting  the  African  slave-trade, 
and  also  prohibiting  persons  of  African  de 
scent  from  becoming  citizens. 

9th.  Making  all  acts  of  any  inhabitants 
of  the  United  States  tending  to  incite  slaves 
to  insurrection,  penal  offences. 

10th.  Making  the  county  in  which  any 
fugitive  slave  shall  be  rescued,  liable  to  pay 
the  value  thereof. 

11  il\.  Prohibiting  slavery  in  territory 
north  of  36°  30'. 

12th.  Giving  returned  fugitive  slaves  a 
trial  by  a  jury  in  the  place  to  which  they 
shall  have  been  returned. 

13th.  Provides  for  rendition  of  fugitives 
from  justice. 

14th.  Declaring  invioli.ble  the  rights  of 
the  citizens  of  any  State  sojourning  in  an 
other  State. 


15th.  No  State  shall  retire  from  the  Union 
without  the  consent  of  three-fourths  of  alJ 
the  States. 

16th.  Giving  full  power  to  three-fourths 
of  the  States  at  any  time  to  call  a  Conven 
tion  to  amend  or  abolish  the  Constitution. 

17th.  Declares  articles  8,  9  and  10  of 
these  amendments  to  be  unalterable,  unless 
by  consent  of  all  the  slave  States. 

Mr.  FEXTON  of  New  York,  offered  as  a 
substitute  for  the  report  of  the  Committee 
of  Thirty-three  a  preamble  and  resolution, 
reciting  the  conflicting  differences  of  opinion 
as  to  the  causes  of  the  present  disturbances, 
and  favoring  the  calling  of  a  Convention  of 
delegates  from  the  several  States. 

Mr.  KELLOGG  of  Illinois.  As  a  substitute 
for  the  report  of  the  Committee,  amend 
ments  to  the  Constitution  in  substance  as 
follows :  Prohibiting  slavery  in  territory 
north  of  36°  30',  and  permitting  it  south  of 
that  line,  and  providing  for  its  admission  as 
States  with  a  population  equal  to  the  ratio 
of  representation,  with  or  without  slavery, 
as  its  Constitution  should  prescribe;  pro 
hibiting  any  interference  by  Congress  with 
the  subject  in  the  States,  either  to  abolish  or 
establish  slavery  ;  affirmatory  of  the  fugitive 
slave-clause  of  the  Constitution,  with  amend 
ment  providing  for  compensation,  arid  pro 
hibiting  the  foreign  slave-trade. 

By  Mr.  YALLAXDIGHAM  of  Ohio,  the  fol 
lowing  preamble  and  resolution  : 

JOINT  RESOLUTION  PROPOSING  AMENDMENTS  TO  THE  CON 
STITUTION. 

WHEREAS,  the  Constitution  of  the  United  States  is  a 
grant  of  specific  powers  delegated  to  the  Federal  Govern 
ment  by  the  people  of  the  .several  States,  all  powers  not 
delegated  to  it  nor  prohibited  to  the  States  being  reserved 
to  the  States  respectively,  or  to  the  people:  and  whereas  it 
is  the  tendency  of  stronger  Governments  to  enlarge  their 
powers  and  jurisdiction  at  the  expense  of  weaker  Govern 
ments,  and  of  majorities  to  usurp  and  abuse  power  and 
oppress  minorities,  to  arrest  and  hold  in  check  which  teu- 
deucy  com  pacts  and  Constitutions  are  made;  and  whereas 
the  only  effectual  constitutional  security  for  the  rights  of 
minorities,  whether  as  people  or  as  States,  is  the  power 
expressly  reserved  in  Constitutions  of  protecting  those 
rights  by  their  own  action;  and  whereas  this  m»de  of 
protection,  by  checks  and  guarantees,  is  recognized  in  the 
Federal  Cous'titulion,  as  well  in  the  case  of  the  equality  of 
the  States  in  representation  and  in  suffrage  in  the  Senate, 
as  in  the  provision  for  overruling  the  vote  of  the  President, 
and  for  amending  the  Constitution,  not  to  enumerate  other 
examples ;  and  whereas,  unhappily,  because  of  the  vast 
extent  and  diversified  interests  and  institutions  of  the  sev 
eral  States  of  the  Union,  sectional  divisions  can  no  longer 
be  suppressed;  and  whereas  it  concerns  the  peace  and  sta 
bility  of  the  Federal  Union  and  Government  that  a  division 
of  the  States  into  mere  slaveholding  and  nou-slaveholding 
sections,  causing  hitherto,  and  from  the  nature  and  neces 
sity  of  the  case,  inflammatory  and  disastrous  controversies 
upon  the  subject  of  slavery,  ending  already  in  present  dis 
ruption  of  the  Union,  should  be  forever  hereafter  ignored: 
and  whereas  this  important  end  is  best  to  be  attained  by 
the  recognition  of  other  sections  without  regard  to  slavery 
neither  of  which  sections  shall  alone  be  strong  enough  to 
oppress  or  control  the  others,  and  each  be  vested  with  the 
power  to  protect  itself  from  aggressions:  Therefore, 

Be  it  resolved  by  the  Sfnat?  and  Hou.-e  of  Representa 
tives  of  the.  United  Strifes  of  America  in  Congress  asftem- 
ble.d,  (two-thirds  of  both  Houses  concurring,)  That  the 
following  articles  be  and  are  hereby  proposed  as  amend 
ments  to  the  Constitution  of  the  United  States,  which 
shall  be  valid  to  all  intents  and  purposes  as  part  of  .said 
Constitution  when  ratified  by  Conventions  in  three- fourths 
of  the  several  States; 

ARTICLE  xm.  SKC.  1.  The  United  States  are  divided  into 
four  sections,  as  follows: 

The  States  of  Maine,  New  Hampshire,  Vermont,  Mass- 
achusetts,  Rhode  Island,  Connecticut,  New  York,  New 


PROCEEDINGS    OF    THE    GOVERNMENT. 


57 


Jersey,  and  Pennsylvania,  and  all  new  States  annexed  and 
admitted  Into  the  Union,  or  formed  or  erected  with'itithe 
jurisdiction  of  any  of  said  States,  or  by  the  junction  of 
two  or  more  of  the  same  or  of  parts  thereof,  or  out  of  ter 
ritory  acquired  north  of  said  States,  shall  constitute  one 
section,  to  be  known  as  the  NORTH. 

The  States  of  Ohio,  Indiana,  Illinois,  Michigan,  Wis 
consin,  Minnesota,  Iowa,  and  Kansas,  and  all  new  States 
annexed  or  admitted  into  the  Union,  or  erected  within  the 
jurisdiction  of  any  of  said  States,  or  by  the  junction  of  two 
or  more  of  the  same  or  of  parts  thereof,  or  out  of  territory 
now  held  or  hereafter  acquired  north  of  latitude  36°  30' 
and  east  of  the  crest  of  the  Rocky  Mountains,  shall  con 
stitute  another  section,  to  be  known  as  the  WEST. 

The  States  of  Oregon  and  California,  and  all  new  States 
annexed  and  admitted  into  the  Union,  or  formed  or  erected 
within  the  jurisdiction  of  any  of  said  States,  or  by  the 
junction  of  two  or  more  of  the  same  or  of  parts  thereof,  or 
out  of  territory  now  held  or  hereafter  acquired  west  of  the 
crest  of  the  Rocky  Mountains  and  of  the  Rio  Grande,  shall 
constitute  another  section  to  be  known  as  the  PACIFIC. 

The  States  of  Delaware,  Maryland,  Virginia,  North  Caro 
lina,  South  Carolina,  Georgia,  Florida,  Alabama,  Missis 
sippi,  Louisiana,  Texas,  Arkansas,  Tennessee,  Kentucky, 
and  Missouri,  and  all  new  States  annexed  and  admitted 
i-nto  the  Union,  or  formed  or  erected  withiu  the  jurisdic 
tion  of  any  of  said  States,  or  by  the  junction  of  two  or 
more  of  the  same  or  of  parts  thereof,  or  out  of  territory 
acquired  east  of  the  Rio  Grande  and  south  of  latitude 
36°  30',  shall  constitute  another  section,  to  be  known  as 
the  SOUTH. 

SEC.  2.  On  demand  of  one-third  of  the  Senators  of  any 
one  of  the  sections  on  any  bill,  order,  resolution,  or  vote, 
to  which  the  concurrence  of  the  House  of  Representatives 
may  be  necessary,  except  on  a  question  of  adjournment,  a 
vote  shall  be  had  by  sections,  and  a  majority  of  the  Sena 
tors  from  each  section  voting  shall  be  necessary  to  the  pas 
sage  of  such  bill,  order,  or  resolution,  and  to  the  validity 
of  every  such  vote. 

SEC.  3.  Two  of  the  electors  for  President  and  Vice  Pres 
ident  shall  be  appointed  by  each  State  in  such  manner  as 
the  Legislature  thereof  may  direct  for  the  State  at  large. 
The  other  electors  to  which  each  State  may  be  entitled 
shall  be  chosen  in  the  respective  Congressional  districts 
into  which  the  State  may  at  the  regular  decennial  period 
have  been  divided,  by  the  electors  of  each  district  having 
the  qualifications  requisite  for  electors  of  the  most  numer 
ous  branch  of  the  State  Legislature.  A  majority  of  all 
the  elector*  in  each  of  the  four  sections  iu  this  article  estab 
lished  shall  be  necessary  to  the  choice  of  President  and 
Vice  President ;  and  the  concurrence  of  a  majority  of  the 
States  of  each  section  shall  be  necessary  to  the  choice  of 
President  by  the  House  of  Representatives,  and  of  the  Sen 
ators  from  each  section  to  the  choice  of  Vice  President  by 
the  Senate,  whenever  the  right  of  choice  shall  devolve 
upoo  them  respectively. 

SEC.  4.  The  President  and  Vice  President  shall  hold 
their  offices  each  during  the  term  of  six  years  ;  and  neither 
shall  be  eligible  to  more  than  one  term  except  by  the  votes 
of  two-thirds  of  all  the  electors  of  each  section,  or  of  the 
States  of  each  section,  whenever  the  right  of  choice  of 
President  shall  devolve  upon  the  House  of  Representatives, 
or  of  the  Senators  from  each  section  whenever  the  right 
of  choice  of  Vice  President  shall  devolve  upon  the  Senate. 

SEC.  5.  The  Congress  shall  by  law  provide  for  the  case  of 
a  failure  by  the  House  of  Representatives  to  choose  a  Pres 
ident,  and  of  the  Senate  to  choose  a  Vice  President, 
whenever  the  right  of  choice  shall  devolve  upon  them  re 
spectively,  declaring  what  officer  shall  then  act  as  Presi 
dent  ;  and  such  officer  shall  act  accordingly  until  a  ^resi- 
dent  be  elected.  The  Congress  shall  also  provide  by  law 
for  a  special  election  for  President  and  Vice  President  iu 
such  case,  to  be  held  and  completed  withiu  six  months 
from  the  expiration  of  the  term  of  office  of  the  last  pre 
ceding  President  and  to  be  conducted  iu  all  respects  as 
provided  for  iu  the  Constitution  for  regular  elections  of  the 
name  officers,  except  that  if  the  House  of  Representatives 
shall  not  choose  a  President,  should  the  right  of  choice 
devolve  upon  them,  within  twenty  days  from  the  opening 
of  the  certificates  and  counting  of  the  electoral  votes,  then 
the.  Vice  President  shall  act  as  President  as  in  the  case 
of  the  death  or  other  constitutional  disability  of  the 
President.  The  term  of  office  of  the  President  chosen 
under  such  special  elections  shall  continue  six  years  from 
the  4th  day  of  March  preceding  such  election. 

ARTICLE  xiv.  No  State  shall  secede  without  the  consent 
ot  the  Legislatures  of  all  the  States  of  the  section  to  which 
State  proposing  to  secede  belongs.  The  President 
shall  have  power  to  adjust  with  seceding  States  all  ques- 
fcons  amiug  by  reason  of  their  secession  :  but  the  terms 
of  aujustment  shall  be  submitted  to  the  Congress  for  their 
ajiproval  before  the  same  shall  be  valid 

ARTICLE  xv.  Neither  the  Congress  nor  a  Territorial 
Legislature  shall  have  power  to  interfere  with  the  right 


of  the  citizens  of  any  of  the  States  within  either  of  the 
sections  to  migrate  upon  equal  terms  with  the  citizens  of 
the  States  withiu  either  of  the  other  sections,  to  the  Ter 
ritories  of  the  United  States  ;  nor  shall  either  have  power 
to  destroy  or  impair  any  rights  of  either  person  or  property 
in  the  Territories.  New  States  annexed  for  admission 
into  the  Union,  or  formed  or  erected  within  the  jurisdiction 
of  other  States,  or  by  the  junction  of  two  or  more  States 
or  parts  of  States,  aud  States  formed  with  the  consent  of 
the  Congress  out  of  any  territory  of  the  United  States, 
shall  be  entitled  to  admission  upon  an  equal  footing  with 
the  original  States,  under  any  constitutiou  establishing  ;t 
Government  republican  in  form,  which  the  people  thereof 
may  ordain,  whenever  such  States  shall  contain,  within 
au  area  of  not  less  than  thirty  thousand  square  miles,  a 
population  equal  to  the  then  existing  ratio  of  representation 
for  one  member  of  the  House  of  Representatives. 


Keport  of  the  Committee  of  Thirty 
three. 

January  14th,  1861.  Mr.  CORWIN  reported 
a  series  of  propositions,  with  a  written  state 
ment  in  advocacy  thereof,  which  closes  with 
the  remark  that  "the  Committee  were  not 
unanimous  on  all  the  resolutions  and  bills 
presented,  but  a  majority  of  a  quorum  was 
obtained  on  them  all." 

Mr.  CHARLES  FRANCIS  ADAMS  of  Massa 
chusetts,  made  a  separate  report,  which 
closes  thus:  "The  general  conclusion  to 
which  the  subscriber  has  arrived  from  a 
close  observation  of  the  action  of  the  Com 
mittee,  is  this  :  That  no  form  of  adjustment 
will  be  satisfactory  to  the  recusant  States 
which  does  not  incorporate  into  the  Consti 
tution  of  the  United  States  a  recognition  of 
this  obligation  to  protect  and  extend  slavery. 
On  this  condition,  and  on  this  alone,  will 
they  consent  to  withdraw  their  opposition  to 
the  recognition  of  the  constitutional  election 
of  the  Chief  Magistrate.  Viewing  the  mat 
ter  in  this  light,  it  seems  unadvisable  to 
attempt  to  proceed  a  step  further  in  the 
way  of  offering  unacceptable  propositions 
He  can  never  give  his  consent  to  the  terms 
demanded. 

"For  this  reason  it  is  that,  after  hav 
ing  become  convinced  of  this  truth,  he 
changed  his  course  and  declined  to  recom 
mend  the  very  measures  which  he  in  good 
faith  had  offered.  It  certainly  can  be  of  no 
use  to  propose  as  an  adjustment  that  which 
has  no  prospect  of  being  received  as  such 
by  the  other  party.  Hence  he  feels  it  his 
duty  now  to  record  his  dissent  from  the 
action  of  a  majority  of  his  colleagues  in 
introducing  any  measures  whatever  for  the 
consideration  of  the  House." 

Mr.  C.  C.  WASHBURN  of  Wisconsin,  and 
Mr.  MASON  W.  TAPPAN  of  New  Hampshire, 
also  submitted  a  minority  report,  concluding 
with  this  resolution : 

Resolved,  That  the  provisions  of  the 
Constitution  are  ample  for  the  preservation 
of  the  Union  and  the  protection  of  all  the 
material  interests  of  our  country;  that  it 
needs  to  be  obeyed  rather  than  amended; 
and  that  our  extrication  from  our  present 
difficulties  is  to  be  looked  for  in  efforts  to 
preserve  and  protect  the  public  property 
and  enforce  the  laws,  rather  than  in  new 
guarantees  for  particular  interests,  or  com- 


58 


PROCEEDINGS    OF    THE    GOVERNMENT. 


promises  or  concessions  to  unreasonable  de-    laws  of  the  United  States,  made  in  pursuance 
mands.  j  of  the  second  section  of  the  fourth  article 

Messrs.  TAYLOR  of  Louisiana,  PHELPS  of  I  of  the  Constitution  of  the  United  States  for 
Missouri,  RUST  of  Arkansas,  WHITELEY  of  I  the  delivery  up  of  persons  held  to  labor  by- 
Delaware,  and  WIXSLOW  of  North  Carolina,  the  laws  of  any  State  and  escaping  there- 
also  submitted  a  minority  report,  arguing  from;  and  the  Senate  and  House  of  Rep- 
that  the  present  difficulties  can  only  be  j  resentatives  earnestly  request  that  all  <  u- 
remediedby  amendments  to  the  Constitution,  |  actments  having  such  tendency  be  forthwith 
and  suggesting  the  Crittendeii  proposition.  |  repealed,  as  required  by  a  just  sense  of  con- 
If  that  cannot  be  adopted,  they  recommend  I  stitutional  obligations,  and  by  a  due  regard 
a  Convention  of  the  States,  with  a  view,  if  for  the  peace  of  the  Republic ;  and  the 


no  adjustment  can  be  effected,  to  peaceable 
separation,  by  providing  for  a  partition  of 
the  common  property  of  the  United  States, 
settling  the  terms  on  which  the  social  and 
commercial  intercourse  between  the  sepa 
rated  States  shall  be  conducted,  and  making 
a  permanent  arrangement  with  respect  to 
the  navigation  of  the  Mississippi  river. 

Messrs.  BUKOH  of  California  and  STOUT  of 
Oregon  submitted  a  separate  report,  sus 
taining  the  propositions  submitted  by  Mr. 
CORWIN,  but  urging,  in  addition,  the  assem 
bling  of  a  National  Constitutional  Conven 
tion  to  consider  the  whole  subject  matter  of 
the  difficulties. 

Mr.  NELSON  of  Tennessee  made  a  report, 
arguing  in  favor  of  the  establishment  of 
the  line  of  36°  30',  north  of  which  slavery 
shall  be  prohibited,  and  south  of  which  it 
shall  be  protected  until  any  territory  shall 
contain  the  population  requisite  for  a  mem 
ber  of  Congress,  when,  if  its  form  of  gov 
ernment  be  republican,  it  shall  be  admitted 


President  of  the  United  States  is  requested 
to  communicate  these  resolutions  to  the 
Governors  of  the  several  States,  with  a 
request  that  they  will  lay  the  same  before 
the  Legislatures  thereof  respectively. 

Resolved,  That  we  recognize  slavery  as 
now  existing  in  fifteen  of  the  United  States 
by  the  usages  and  laws  of  those  States  ;  and 
we  recognize  no  authority,  legally  or  other 
wise,  outside  of  a  State  where  it  so  exists, 
to  interfere  with  slaves  or  slavery  in  such 
States,  in  disregard  of  the  rights  of  their 
owners  or  the  peace  of  society. 

Resolved,  That  we  recognize  the  justice 
and  propriety  of  a  faithful  execution  of  the 
Constitution,  and  laws  made  in  pursuance 
thereof  on  the  subject  of  fugitive  slaves,  or 
fugitives  from  service  or  labor,  and  dis 
countenance  all  mobs  or  hindrances  to  the 
execution  of  such  laws,  and  that  citizens  of 
each  State  shall  be  entitled  to  all  the  privi 
leges  and  immunities  of  citizens  in  the  sev 
eral  States. 


into  the  Union,  with  or  without  slavery,  as  Resolved.  That  we  recognize  no  such 
the  Constitution  of  such  new  State  may  conflicting  elements  in  its  composition,  or 
provide.  He  dissented  from  the  proposition  j  sufficient  cause  from  any  source,  for  a  dis- 
to  admit  New  Mexico,  opposed  the  proposed  solution  of  this  Government ;  that  we  were 
r-hange  of  the  fugitive  slave  law.  and  rec-  not  sent  here  to  destroy,  but  to  sustain  an'd 
ommencled  the  Crittenden  proposition.  harmonize  tru;  institutions  of  the  country, 

Messrs.  LOVE  of  Georgia,  and  HAMILTON  and  to  see  that  equal  justice  is  done  to  all 
of  Texas,  dissented  from  the  majority  re-  parts  of  the  same;  and  finally,  to  perpetuate 
port,  and  recommended  the  Crittenden  pro-  ( its  existence  on  terms  of  equality  and  justice 


position. 

Mr.  FERRY  was  unable  to  concur  in  the 
report  made  by  MR.  CORWIN,  and  made  a 
statement  of  his  position. 

VOTE  ON  THE   FIRST    PROPOSITION    OF  THE    COM- 

MITTEE  OF  THIRTY-THREE,  FEB.  27TH,  1861. 

DECLARATORY    RESOLUTIONS. 

Resolved  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  all 
attempts  on  the  part  of  the  Legislatures 
of  any  of  the  States  to  obstruct  or  hinder 
the  recovery  and  surrender  of  fugitives  from 
service  or  labor,  are  in  derogation  of  the 


to  all  the  States. 

Resolved,  That  a  faithful  observance,  on 
the  part  of  all  the  States,  of  all  their  consti 
tutional  obligations  to  each  other  and  to  the 
Federal  Government,  is  essential  to  the 
peace  of  the  country. 

Resolved,  That  it  is  the  duty  of  the  Fed 
eral  Government  to  enforce  the  Federal  laws, 
protect  the  Federal  property,  and  preserve 
the  Union  of  these  States. 

Resolved,  That  each  State  be  requested  to 
revise  its  statutes,  and,  if  necessary,  so  to 
amend  the  same  as  to  secure,  without  legis 
lation  by  Congress,  to  citizens  of  other  States 
travelling  therein,  the  same  protection  as 


Constitution  of  the  United  States,  incon- 1  citizens  of  such  State  enjoy ;  and  also  to  pro- 
sistent  with  tlje  comity  and  good  neighbor-  \  tect  the  citizens  of  other  States  travelling  or 
hood  that  should  prevail  among  the  several  sojourning  therein  against  popular  violence 
States,  and  dangerous  to  the  peace  of  the  or  illegal  summary  punishment,  without 
Union.  |  trial  in  due  form  of  law,  for  imputed 

Resolved,  That  the  several  States  be  re-  j  crimes. 

spectrally  requested  to  cause  their  statutes  Resolved,  That  each  State  be  also  respect- 
to  be  revised,  with  a  view  to  ascertain  if  fully  requested  to  enact  such  laws  as  will 
any  of  them  are  in  conflict  with  or  tend  to  prevent  and  punish  anv  attempt  whatevpr 
embarrass  or  hinder  the  execution  of  the  ;  in  such  State  to  recognize  or  set  on  foot  tho 


PROCEEDINGS    OF    THE    GOVERNMENT. 


lawless  invasion  of  any  other  State  or  Terri- 

Resolved,  That  the  President  be  requested 
to  transmit  copies  of  the  foregoing  resolu 
tions  to  the  Governors  of  the  several  States, 
with  a  request  that  they  be  communicated 
to  their  respective  Legislatures. 

YEAS— Messrs.  Charles  F.  Adams.  Green  Adams,  Adrain, 
Aldrich,  William  C.  Anderson,  Babbitt,  Barrett,  Beale,  Bote 
ler,  Brai'80!i,  Bray  ton,  Briggs,  Bristow,  Brovn.  Burch,  Burn- 
ham.  Butterfield,  Campbell.  Carter,  John  B.  Clark,  Coburn, 
Clark  B.  Cochrane.  John  Cxhrane,  Colfax,  Conkling,  Cor 
win,  Covode,  Cor,  James  Craig,  H.  Winter  Davis,  John  G. 
Davis,  Delano,  Dimmick,  Dunn,  Edwards,  Ely, English,  Ethe- 
ridge,  Farnsworth,  Ferry,  Florence,  Foster,  Fouke,  French, 
Gilmer,  Graham,  Grow,  Gnrley,  Hale,  Hall,  Hamilton,  J. 
Morrison  Harris,  John  T.  Harris,  Haskin,  Hatton,  Helmick, 
Hoard,  Holman,  William  Hmvard,  William  A.  Howard, 
Humphrey,  Irvine,  Junkin,  Francis  W.  Kellogg,  William 
Kellogg,  Kenyon,  Kilgore,  Killinger,  Larrabee,  James  M. 
Leach,  Lee,  Logan,  Longnecker,  Loomis,  Maclay,  Mallory, 
Marston,  Charles  D.Martin,  Maynard,  JfcC7erna/i</,McKean, 
McKenty,  McKnight,  McPherson,  Millson,  Montgomery, 
Laban  T.  Moore,  Moorhead,  Morrill,  Edward  Joy  Morris, 
Isaac  N.  Morris,  Morse,  Nelson,  Niblack,  Nixon,  Noell,  Olin, 
Palmer,  Perry,  Pettit,  Peyton,  Phelps,  Porter,  Pottle, 
Quarle*,  John  II.  Reynolds,  Rice,  Bifffft,  Christopher  Robin 
son,  James  C.  Robinson,  Royce,  Scranton,  Sherman,  Sickles, 
Simms,  William  N.  H.  Smith,  Spaulding,  Stanton,  Stevenson, 
William  Stewart,  Stokes,  Stout,  Stratton,  Thayer,  Tompkins, 
Train,  Trimble,  Vallandigham,  Vance,  Verree,  Waldron, 
Walton,  Webster,  Wilson,  WTindom,  WTood,  Woodruff— 137. 

NAYS— Messrs.Alley,Ashley,,4w;ry,Bingham,  Blair,  Blake, 
Bocock.  Branch,  Buffinton,  Burlingame,  Burnett,  Carey,Case, 
Conway,  Burton  Craige,  Dawes,  De  Jarnette,  Duell,  Edmund- 
son,  Eliot,  Fen  ton,  Garnett,  Gooch,  Hickman,  Hindman, 
Hughes,  Hutchins,  Jenkins,  De  Witt  C.  Leach,  Leake,  Love- 
joy,  Elbert  S.  Martin,  Potter,  Pryor,  Edwin  R.  Reynolds, 
Ruffin,  Rust,  Sedgwick,  William  Smith,  Somes,  Spinner, 
Stevens,  Janus  A.  Stewart,  Tappan,  Thomas,  Vandever,  Van 
Wyck,  Wade,  Cadwalader  C.  Washburn,  Wells,  Whiteley, 
Winslow,  Woodson—tt. 

So  the  joint  resolution  was  passed. 

VOTE    ON    SECOND     PROPOSITION. 
CONSTITUTIONAL    AMENDMENT. 

Be  it  resolved  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  Ame 
rica  in  Congress  assembled,  two-thirds  of 
both  Houses  concurring,  That  the  following 
article  be  proposed  to  the  Legislatures  of  the 
several  States  as  an  amendment  to  the  Con 
stitution  of  the  United  States,  which,  when 
ratified  by  three-fourths  of  said  Legislatures, 
shall  be  valid,  to  all  intents  and  purposes,  as 
a  part  of  the  said  Constitution,  namely : 

ART.  XII.  No  amendment  of  this  Con 
stitution  having  for  its  object  any  interference 
within  the  States  with  the  relation  between 
their  citizens  and  those  described  in  section 
second  of  the  first  article  of  the  Constitution 
as  "  all  other  persons,"  shall  originate  with 
any  State  that  does  not  recognize  that  rela 
tion  within  its  own  limits,  or  shall  be  valid 
without  the  assent  of  every  one  of  the  States 
composing  the  Union. 

Before  the  vote  was  taken  Mr.  CORWIN 
offered  the  following  substitute  for  the  above 
article  : 

ART.  XII.  No  amendment  shall  be  made 
to  the  Constitution  which  will  authorize  or 
give  to  Congress  the  power  to  abolish  or  in 
terfere,  within  any  State,  with  the  domestic 
institutions  thereof,  including  that  of  per 
sons  held  to  labor  or  service  by  the  laws  of 
said  State. 

Which  was  agreed  to,  yeas  120,  nays  61, 
as  follows  : 


YEAS— Messrs.  Charles  F.  Adams,  Green  Adams,  Aldrich, 
William  C.  Anderson,  Avery,  Babbitt,  Barr,  Barrett,  Bocock, 
Boteler,  Brabson,  Briggs,  Bristow,  Broion,  Burch,  Burm-tt, 
Butterfield,  Campbell,  Horace  F.  Clark,  John  B.  Clark, 
Coburn,  Clark  B.  Cochrane,  John  Cochrane,  Colfax,  CorAVin, 
Cox,  Jamet  Craig,  II.  Winter  Davis,  John  G.  Davis,  Dawes, 
De  Jarnette,  Delano,  Dimmick,  Dunn,  FAmundson,  English, 
Etheridge,  Florence,  Fouke,  Gilmer,  Hale,  Hall,  Hamilton, 
J.  Morrison  Harris,  John  T.  Harris,  Hatton,  Helmick, 
Hoard,  Holman,  William  Howard,  William  A.  Howard, 
Hughes,  Humphrey,  Jenkins,  Junkin.  Francis  W.  Kellogg, 
William  Kellogg,  Kenyon,  Kilgore,  Killinger,  Kunkel,  Lar 
rabee,  James  M.  Leach,  Leake,  Logan,  Mallory,  Marstun, 
Charles  D.  Martin,  Elbert  S.  Martin,  Maynard,  McClernand, 
McKenty,  McKnight,  McPherson,  Millson,  Montgomery, 
Laban  T.  Moore,  Moorhead,  Morrill,  Edward  Joy  Morris, 
Isaac  N.  Morris,  Nelson,  Niblack,  Nixon,  Noell,  Olinr 
Palmer,  Peyton,  Phelps,  Porter,  Pryor,  Quarles,  John  II. 
Reynolds,  Rice,  Riggs,  Christopher  Robinson,  James  C.  Rob 
inson,  Ruffin,  Rust,  Scranton,  Sickles,  Simms,  William  N.  II. 
Smith,  Spaulding,  Stanton,  Stevenson,  James  A.  Stewart r 
Stokes  Stout,  Stratton,  Thayer,  Thomas,  Trimble,  Vance, 
Verree,  Walton,  Webster,  Windom,  Woodson,  Wright— 120. 

NAYS— Messrs.v  Alley,  Ashley,  Beale,  Bingham,  Blair, 
Blake,  Brayton,  Buffinton,  Burlingame,  Buruham,  Carey, 
Carter,  Case,  Conkling,  Conway,  Duell,  Edgerton,  Edwards, 
Eliot,  Ely,  Fenton,  Ferry,  Foster,  Frank,  Gooch,  Graham, 
Grow,  Hickman,  Hindman,  Hutchins,  Irvine,  De  Witt  C. 
Leach,  Lee,  Longnecker,  Loomis,  Lovejoy,  McKean,  Perry, 
Pettit,  Potter,  Pottle,  Edwin  R.  Reynolds,  Royce,  Sedgwick, 
Somes,  Spinner,  Stevens,  William  Stewart,  Tappan,  Tomp 
kins,  Train,  Vandever,  Van  Wyck,  \Vade,  Waldron,  Cadwal 
ader  C.  Washburn,  Ellihu  B.  Washburne,  Wells,  Wilson, 
Winslow,  Woodruff— 61. 

The  resolution  as  amended  was  then  nega 
tived,  yeas  120,  nays  71,  two-thirds  not  vot 
ing  in  the  affirmative,  as  follows : 

YEAS — Messrs.  Charles  F.  Adams,  Green  Adams,  Ad' 
rain,  William  C.  Anderson,  A  very,  Babbitt,  Barr,  Barrett^ 
Bocock,  Boteler.  Bouligny,  Brabson,  Branch,  Briggs,  Bris 
tow,  Brown,  Burch,  Burnett.  Campbell,  Horace  F.  Clark, 
John  B.  Clark,  Clark  B.  Cochrane,  John  Cochrane,  Colfax, 
Corwin,  Cox,  James  Craig,  Burton  Craige,  H.  Winter  Davis, 
John  G.  Davis,  De  Jarnette,  Delano,  Dimmick,  Dunn,  Ed- 
mundson,  English.  Etheridge,  Florence,  Fouke,  Garnett, 
Gilmer,  Hale,  Hall,  Hamilton,  J.  Morrison  Harris,  John  T. 
Harris,  Hatton,  Helmick,  Hoard,  Holman,  Wm.  Howard, 
William  A.  Howard,  Hughes,  Humphrey,  Jenkins,  Junkin, 
William  Kellogg,  Kenyou,  Killinger,  Kunkel,  Larrabee, 
James  M.  Leach,  Leake,  Logan,  Muclay,  Mallory,  Charles 
D.  Martin,  Elbert  S.  Martin,  Maynard,  McClernand,  Mc 
Kenty,  McKnight,  McPherson,  Millson,  Montgomery,  Laban 
T.  Moore,  Moorhead,  Morrill,  Edward  Joy  Morris,  Isaac 
N.  Morris,  Nelson,  Niblack,  Nixon,  Noell,  Olin,  Peyton, 
Phelps,  Porter,  Pryor,  Quarles,  John  H.  Reynolds,  Rice, 
Riggs,  Christopher  Robinson,  James  C.  Robinson,  Ri<fiin, 
Rust,  Scrauton,  Sickles,  Simms,  William  N.  H.  Smith, 
Spaulding,  Stanton,  Stevenson,  James  A.  Stewart,  Stokes, 
Stout,  Thayer,  Thomas,  Trimble,  Vattandinham,  Vance, 
Yerree,  Webster,  Whiteley.  Windorn,  IVtnslfiH',  Wood. 
Wwdson.  Wright— 120. 

NAYS — Messrs.  Aldrich,  Alley,  Ashley,  Beale,  Bingham, 

Blair,   Blake,  Brayton,  Buffinton,  Burlingame,  Burnhara, 

Butterfield,  Carey,  Carter,  Case,  Coburn,  Conkling,  Conway, 

Covode,    Dawes,  Duell,    Edgerton,    Edwards,   Eliot,    Ely, 

Farnsworth,  Fenton,  Ferry,  Foster,  Frank,  Gooch,  Graham, 

Grow,    Gurley,   Hickman,    Hutchins,   Irvine,    Francis   W. 

Kellogg,   Kilgore,  De  Witt  C.   Leach,   Lee,    Longnecker, 

Loomis,  Lovejoy,  Marston,  McKean,  Morse,  Perry,  Pettit, 

Potter,  Pottle,  Edwin  R.  Reynolds,  Royce,  Sedgwick,  Somes, 

1  Spinner,    Stevens,  William    Stewart,  Tappan,    Tompkins, 

I  Train,   Vandever,   Van   Wyck,     Wade,   Waldron,   Walton, 

I  Cadwalader  C.   Washburn,  Ellihu  B.  Washburne,   Wells, 

I  Wilson,  Woodruff— 71. 

Mr.  KILGORE  entered  a  motion  to  re-con- 
!  sider. 

February  28th.  This  motion  was  carried, 
yeas  125,  nays  68,  and  the  joint  resolution, 
then  passed,  yeas  133,  nays  65,  as  follows : 

YEAS— Messrs.  Charles  F.  Adams,  Green  Adams,  Ad- 
rain,  Aldrich,  William  C.  Anderson,  Avery,  Babbitt,  Barr, 
\  Barrett,  Bocock,  Boteler,  Bouligny,  Brabson,  Branch, 
;  Briggs,  Bristow,  Brown,  Burch,  Burnett,  Butterfield,  Camp- 
!  bell.  Horace  F.  Clark,  John  B.  Clark,  Clemens,  Clark  B. 
;  Cochrane,  John  Cochrane,  Colfax,  Corwin,  Cox,  James 
;  Craig,  Burton  Craige,  II.  Winter  Davis,  John  G.  Davis, 
De  Jarnette,  Delano,  Dimmick,  Dunn,  Edmundson,  English, 
'  Etheridge,  Florence,  Foukf,  French,  Garnett,  Gilmer,  Hale, 
!  Hall,  Hamiltrm,  J.  Morrison  Harris,  John  T.  Harris,  Has- 
\  kin,  Hatton,  Helmick,  Hoard,  Holman,  William  Hmvard, 
\  William  A.  Howard,  Hughes,  Humphrey,  Jenkins,  Juukin, 


60 


PROCEEDINGS    OF    THE    GOVERNMENT. 


Willhm  Kellogg,  Kenyon,  Kilgore,  Killinger,  Kunkel, 
Larrabee,  James  M.  Leach,  Leake,  Logan,  Mactay,  Mallory. 
Charles  D.  Martin,  Elberi  S.  Martin,  Maynard,  JfeCfernond, 
McKenty,  McKriight,  McPherson,  Mill/ton,  Montgomery, 
Laban  T.  Moore,  Moorhaad,  Morrill,  Edward  Joy  Morris 
Isaac  N.  Morris,  Morse,  Nelson,  Niblack,  Nixon,  Nr*M,  Olin, 
Palmer,  Pendleton,  I'eyton,  Phelps,  Porter,  Pryor,  Quarles, 
John  H.  Reynolds,  Rice,  Rigas,  Christopher  Robinson, 
James  C.  Robinson,  Ruffin,  Rust',  Scott,  Scranton,  Sherman, 
Sickles,  Simms.  William  N.  H.  Smith,  Spaulding,  Stanton, 
Stevenson,  James  A.  Stewart,  Stokes,  Stout,  Stratton,  Thayer, 
Theaker,  Thomas,  Trimble,  Vallandigham,  Vance,  Verree, 
Webster,  Whiteley,  Windom,  Winslow,  Wood,  Wbodson, 
Wright— 133. 

NAYS— Mesers.  Alley,  Ashley,  Beale,  Bingham,  Blair. 
Blake,  Bray  ton,  Bnffinton,  Burlingame,  Burnham,  Carey, 
Carter,  Case,  Coburn,  Conkling,  Conway,  Dawes,  Duell, 
Edgerton,  Edwards,  Eliot,  Ely,  Farnsworth,  Fenton,  Ferry, 
Foster,  Frank,  Gooch,  Grow,  Gurley,  Hickman,  Hindman, 
Hutchins,  Irvine,  Francis  W.  Kellogg,  DeWitt  C.  Leach, 
Lee,  Longnecker,  Loomis,  Lovejoy,  Marston,  McKean, 
Pettit,  Potter,  Pottle,  Edwin  R.  Reynolds,  Royce,  Sedgwick, 
Somes,  Spinner,  Stevens,  William  Stewart,  Tappan,  Temp- 
kins,  Train,  Vandever,  Van  Wyck,  Wade,  Waldron,  Walton, 
Cadwalader  C.  Washburn,  Ellihu  B.  Washburne,  Wells, 
Wilson,  Woodruff— 65. 

March  2d.  The  joint  resolution  passed  the 
Senate,  yeas  24,  nays  12,  as  follows : 

YEAS — Messrs.  Anthony,  Baker,  Ttiglcr,  Bright,  Critten- 
don,  Dixon,  Douglas,  Foster,  Grimes,  Gwin,  Harlan,  Hunter, 
Johnson  of  Tennessee,  Kennedy,  Latham,  Mason,  Morrill, 
Nicholson,  Polk,  Pugh,  Rice,  Sebastian,  Ten  Eyck,  Thom 
son— 24:. 

NATS— Messrs.  Bingham,  Chandler,  Clark,  Doolittle,  Dur- 
kee.  Foot,  King,  Sunmer,  Trumbull,  Wade,  Wilkinson,  Wil 
son— 12. 

So  the  joint  resolution  was  agreed  to,  by 
both  Houses.* 


VOTE    ON    THIRD    PROPOSITION. 
FOR    THE    ADMISSION    OF    NEW  MEXICO    INTO    THE 

UNION,  MARCH  1,  1861. 

Whereas,  by  the  act  of  Congress  approved 
on  the  9th  of  September,  in  the  year  1850,  it 
was  provided  that  the  people  of  New  Mexico, 
when  admitted  as  a  State,  shall  be  received 
into  the  Union  with  or  without  slavery,  as 
their  constitution  may  provide  at  the  time 
of  their  admission ;  and  whereas  the  popula 
tion  of  said  Territory  is  now  sufficient  to 
constitute  a  State  government :  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  Ame 
rica  in  Congress  assembled.  That  the  inhabi 
tants  of  the  Territory  of  New  Mexico,  in 
cluding  therein  the  region  called  Arizona, 
be,  and  they  are  hereby,  authorized  to  form 
for  themselves  a  constitution  of  State  gov 
ernment  by  the  name  of  the  State  of  New 
Mexico ;  and  the  said  State,  when  formed, 
shall  be  admitted  into  the  Union  upon  the 
same  footing  with  the  original  States  in  all 
respects  whatever.  And  said  constitution 
shall  be  formed  by  a  convention  of  the  peo 
ple  of  New  Mexico,  which  shall  consist  of 
twice  the  number  of  members  now  by  law 
constituting  the  House  of  Representatives 
of  the  Territory ;  each  representative  district 
shall  elect  twer  members  to  said  convention 
for  every  member  now  by  law  elected  in  such 
district  to  the  Territorial  House  of  Repre 
sentatives  ;  and  in  such  election  only  those 
persons  shall  vote  for  such  delegates  as  are, 
by  the  laws  of  said  Territory  now  in  force, 

*  The  Legislatures  of  Ohio  and  Maryland  agreed  to  the 
fcfltendment  promptly. 


entitled  to  vote  for  members  of  the  Terri 
torial  House  of  Representatives.  The  elec 
tion  for  the  convention  shall  be  held  on  the 
5th  day  of  August,  1861,  by  the  same  officers 
who  would  hold  an  election  for  members  of 
the  said  House  of  Representatives ;  and  those 
officers  shall  conform  to  the  law  now  in  force 
in  said  Territory  for  election  for  members  of 
said  House  of  Representatives  in  ail  respects, 
in  holding  the  election,  receiving  and  reject 
ing  votes,  and  making  the  returns  of  the 
election  for  the  convention.  The  conven 
tion  shall  assemble  at  the  city  of  Santa  Fe, 
on  the  2d  day  of  September,  1861,  and  con 
tinue  its  sessions  at  that  place  until  its  de 
liberations  shall  be  closed.  The  constitution 
agreed  on  by  the  convention  shall  be  sub 
mitted  to  the  people  of  the  Territory  for 
their  approval  or  rejection  as  a  whole ;  at 
such  election  on  the  constitution,  all  those 
and  others  shall  be  entitled  to  vote  who 
are  now  entitled  to  vote  for  members  of 
the  House  of  Representatives  of  said  Ter 
ritory  ;  and  such  election  shall  be  held 
by  the  same  officers  who  conduct,  by  the 
present  laws,  the  election  for  members  of 
the  House  of  Representatives  of  the  Terri 
tory,  at  the  same  places  for  voting,  and  in 
the  same  manner  in  all  respects ;  and  such 
election  shall  be  held  on  the  4th  day  of  No 
vember,  1861,  and  the  returns  thereof  made 
to  the  Governor  of  the  Territory,  who  shall 
forthwith  sum  up  and  declare  the  result,  and 
shall  send  a  certificate  thereof,  together  with 
a  copy  of  the  constitution,  to  the  President 
of  the  United  States.  The  said  State  shall 
be  entitled  to  one  member  of  the  House  of 
Representatives  of  the  United  States  of 
America,  held  until  the  apportionment 
under  the  next  census. 

Mr.  HICKMAN  moved  to  lay  the  bill  on  the 
table ;  which  was  agreed  to,  yeas  115,  nays 
"I,  as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Ashley,  Avery.  Babbitt, 
Beale,  Bingham,  Blair,  Blake,  Bocock,  Boteler,  Bouligny, 
Brabson,  Branch,  Brayton,  Buflinton,  Burlingame,  Bur 
nett,  Burnham,  Carey,  Carter,  Case,  Coburn,  Co'fax,  Conway, 
Covode,  Burton  Craige,  John  G.  Davis,  Dawes,  DeJarnettf, 
Duell,  Edgerton,  Edmundson,  Edwards,  Eliot,  Ely,  Farns 
worth,  Fenton,  Ferry,  Florence,  Foster,  Frank,"  Garnett, 
Gooch,  Graham,  Grow,  Hale,  Haskin,  Hatton,  Hickman, 
Hindman,  Hoard,  William  A.  Howard,  Humphrey,  Hutch- 
ins,  Irvine,  Jenkins,  Francis  W.  Kellogg.  De  Witt  C. 
Leach,  Jas.  M.  Leach,  Leake,  Lee,  Longnecker,  Loomis, 
Lovejoy,  Maclay,  Marston,  Elbert  S.  Martin,  Maynard, 
McKea'n,  Morrill.  Morse,  Nelson,  Niblack,  Olin,  Palmer, 
Perry,  Phelpt,  Potter,  Pottle,  Pryor,  Quarles.  Edwin  R. 
Reynolds,  John  II.  Reynolds.  Christopher  Robinson.  James 
r.  Rolrinson,  Royce,  Sedgwick,  William  N.  II.  Smith, 
Somes,  Spinner,  Stevens,  William  Stewart,  Tappan,  Thomas, 
Tompkins,  Train,  Trimble,  Vallandighum,  Vance, Vandever, 
Van  Wyck,  Wade.  Waldron.  Walton,  Cadwalader  C.  Wash- 
burn.  Ellihu  B.  Washburne,  Wells,  Whiteley,  Wilson,  Win- 
doin.  Winslvw,  Woodruff.  Woodsmi,  Wright — 115. 

NATS — Messrs.  Chas.  F.  Adams,  Green  Adams,  Adrain, 
William  C.  Anderson,  Barr,  Briggs,  Bristow.  JBrouni,  Burch, 
Butt.-rtieltJ,  Campbell,  Horace  F.  Clark,  John  B.  Clark, 
Cltm>>ns,  Clark  B.  Cochrane,  John  Cochranc,  Conkling, 
Corwin,  Cox,  James  Craig.  H.  Winter  Davis,  Delano,  Dim- 
nn'ck,  Dunn,  English,  Ktheridge,  Fouke,  Gilmer,  J.  Morrison 
Harris,  John  T.  Harris,  Holman,  William  Howard,  Hughes, 
.lunkii),  William  Kellogg,  Kenyon,  Kilgore,  Killinger,  Kun 
kel,  Larrahee,  Logan,  Mallorv.  Cfias.  D.  Martin,  McClemand, 
McKenty.  McKnight,  McPherson,  Millson,  Laban  T.  Moore, 
Moorhead.  Edward  Joy  Morris,  Isaac  JV.  Morris,  Nixon, 
Noell,  Pendl'ton,  Pettit,  ftyton.  Porter,  Rico,  Riaas,  Sickles, 
Simms,  Spauldiug,  Stanton,  Stei'&ison,  James  A.  Stewart, 
Stokea,  Stratton,  Thayer,  Webster,  Wood— 71. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


61 


FOURTH  PROPOSITION. 
AMENDMENT  OF  FUGITIVE  SLWE  LAW,  MARCH  1. 

Be  it  enacted  by  the  Senate  and  Hon^e  of 
Representatives  of  the  United  States  of  Ame 
rica  in  Congress  assembled,  That  every  per 
son  arrested  under  the  laws  of  Congress  for 
the  delivery  up  of  fugitives  from  labor  shall 
be  produced  before  a  court,  judge,  or  com 
missioner,  mentioned  in  the  law  approved 
the  18th  of  September,  1850,  for  the  State 
or  Territory  wherein  the  arrest  may  be  made ; 
and  upon  such  production  of  the  person,  to 
gether  with  the  proofs  mentioned  in  the 
sixth  or  the  tenth  section  of  the  said  act, 
such  court,  judge,  or  commissioner,  shall  pro 
ceed  to  hear  and  consider  the  same  publicly  ; 
and  if  such  court,  judge,  or  commissioner,  is 
of  opinion  that  the  person  arrested  owes 
labor  or  service  to  the  claimant  according  to 
the  laws  of  any  other  State,  Territory,  or 
District  of  Columbia,  and  escaped  therefrom, 
the  court,  judge,  or  commissioner  shall 
make  out  and  deliver  to  the  claimant,  or  his 
agent,  a  certificate  stating  those  facts ;  and 
if  the  said  fugitive  shall,  upon  the  decision  of 
the  court,  judge,  or  commissioner  being  made 
known  to  him,  aver  that  he  is  free,  and  does 
not  owe  service  or  labor  according  to  the  law 
of  the  State  or  Territory  to  which  he  is  to  be  re 
turned,  such  averment  shall  be  entered  upon 
the  certificate,  and  the  fugitive  shall  be  deliv 
ered  by  the  court,  judge,  or  commissioner  to 
the  marshal,  to  be  by  him  taken  and  delivered 
to  the  marshal  of  the  United  States  for  the 
State  or  district  from  which  the  fugitive  is 
ascertained  to  have  fled,  who  shall  produce 
said  fugitive  before  one  of  the  judges  of  the 
Circuit  Court  of  the  United  States  for  the 
last  mentioned  State  or  district,  whose  duty 
it  shall  be,  if  said  alleged  fugitive  shall  per 
sist  in  his  averment,  forthwith,  or  at  the 
next  term  of  the  Circuit  Court,  to  cause  a 
jury  to  be  impanelled  and  sworn  to  try  the 
issue  whether  such  fugitive  owes  labor  or 
service  to  the  person  by  or  on  behalf  of 
whom  he  is  claimed,  and  a  true  verdict  to 
give  according  to  the  evidence,  on  which 
trial  the  fugitive  shall  be  entitled  to  the  aid 
of  counsel  and  to  process  for  procuring  evi 
dence  at  the  cost  of  the  United  States ;  and 
upon  such  finding  the  judge  shall  render 
judgment,  and  cause  said  fugitive  to  be  de 
livered  to  the  claimant,  or  returned  to  the 
place  where  he  was  arrested,  at  the  expense 
of  the  United  States,  according  to  the  finding 
of  the  jury;  and  if  the  judge  or  court  be  not 
satisfied  with  the  verdict,  he  may  cause 
another  jury  to  be  impanelled  forthwith, 
whose  verdict  shall  be  final.  And  it  shall 
be  the  duty  of  said  marshal  so  delivering 
said  alleged  fugitive,  to  take  from  the  mar 
shal  of  the  State  from  which  said  fugitive  is 
alleged  to  have  escaped,  a  certificate  acknowl 
edging  that  said  alleged  fugitive  had  been 
delivered  to  him,  giving  a  minute  descrip 
tion  of  said  alleged  fugitive,  which  certificate 
shall  be  authenticated  by  the  United  States 
district  judge,  or  a  commissioner  of  a  United 


i  States  Court  for  said  State  from  which  said 

fugitive  was  alleged  to  have  escaped,  which 

1  certificate  shall  be  filed  in  the  office  of  the 

!  United  States  District   Court  for  the  State 

j  or  district  in  which  said  alleged  fugitive  was 

!  seized,  within  sixty  days  from  the  date  of 

the  arrest  of  said  fugitive ;  and  should  said 

'  marshal  fail  to  comply  with  the  provisions 

j  of  this  act,  he  shall  be  deemed  guilty  of  a 

;  misdemeanor,  and  shall  be  punished   by  a 

J  fine  of  $1,000  and  imprisoned  for  six  months, 

and  until  his  said  fine  is  paid. 

SEC.  2.  And  be  it  further  enacted,  That  no 
citizen  of  any  State  shall  be  compelled  to  aid 
the  marshal  or  owner  of  any  fugitive  in  the 
capture  or  detention  of  such  fugitive,  unless 
when  force  is  employed  or  reasonably  appre 
hended  to  prevent  such  capture  or  deten 
tion,  too  powerful  to  be  resisted  by  the  mar 
shal  or  owner  ;  and  the  fees  of  the  commis 
sioners  appointed  under  the  act  of  18th  of 
September,  1850,  shall  be  ten  dollars  for 
every  case  heard  and  determined  by  such 
commissioner. 

Which  was  passed,  yeas  92,  nays  83,  as 
follows : 

YEAS — Messrs.  Green  Adams,  Adrain,  Aldrich,  William 
C.  Anderson,  Babbitt,  Bart;  Blair,  Brayton,  Briggs,  Bristow, 
Burch,  Burlingarne,  Burnham,  Butterfield,  Campbell,  Car 
ter,  Case,  Clemens,  Coburn,  John  Cocfirane,  Colfax,  Conk- 
ling,  Corwin,  Covode,  II.  Winter  Davis,  John  G.  Davis, 
Delano,  Dimmick,  Dunn,  Edwards,  Ely,  Ferry,  Fottke, 
French,  Gurley,  Hale,  Hall,  J.  Morrison  Harris,  Hatton, 
Ilelmick,  Hoard,  William  Howard,  William  A.  Howard, 
Humphrey,  Junkin,  Francis  W.  Kellogg,  William  Kellogg, 
Kenyon,  Kilgore,  Killinger,  Lee,  Longneclcer,  Loomis. 
Marston,  Chas.  D,  Martin,  McClei-nand,  McKean,  McKent'/, 
McKnight,  McPherson,  Millward,  Moorhead,  Morrill,  Edw. 
Joy  Morris,  Isaac  N.  Morris,  Nixon,  Olin,  Palmer,  Perry, 
Pettit,  Porter,  Pottle,  John  H.  Reynolds,  Rice,  Rigr/s, 
Christopher  Robinson,  Jaines  C.  Robinson,  Scranton,  Sickles, 
SpauMing,  Spinner,  Stanton,  Stratton,  Thayer,  Theaker, 
Tompkins,  Train,  Trimble,  Walton,  Wiudom,  Wood,  Wood- 
ruff_92. 

NAYS — Messrs.  Ashley,  Avery,  Barrett,  Beale,  Bingham. 
Blake,  Bocock,  Botcler,  Bouligny,  Brabson,  Branch,  Brmvn, 
Bnffinton,  Burnett,  Carey,  Horace  F.  Clark,  John  B.  Clark, 
Conway,  Burton  Craige,  Dawee,  Duell,  Edgerton,  Edinund- 
son,  Eliot,  Farnsworth,  Fenton,  Florence,  Foster,  Frank, 
Garnett,  Gilmer,  Gooch,  Grow,  John  T.  Harris,  Hickman, 
Hindman,  Hughes,  Hutchins,  Irvine,  Jenkins,  Kunkel,  Dt> 
Witt  C.  Leach,  Jaines  M.  Leach,  Leake,  Lovejoy,  Maclay, 
Mallory,  Elbert  S.  Martin,  Maynard,  Million,  Laban  T. 
Moore.  Nelson,  Niblack,  Nodi,  Pendleton,  Peyton,  P/ielps, 
Potter,  Quarles,  Reagan,  Royce,  Ruffm,  Sedgwick,  Simms, 
Somes,  Stevens,  Stevenson,  Stokes,  Tappan,  Thomaa,  Vallan- 
digham,  Vance,  Van  Wyck,  Wade,  Waldron,  Cadwalader  C. 
W'ashburn,  Ellihu  B.  Washburne,  Wells,  Whitdeg,  Wilson, 
Window,  Woodson,  Wright— 83. 

FIFTH  PROPOSITION. 

AMENDMENT    OF  THE  ACT    FOR    THE    RENDITION 
OF  FUGITIVES  FROM  JUSTICE,  MARCH  1. 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of 
America  in  Congress  assembled.  That  every 
person  charged,  by  indictment  or  other  satis 
factory  evidence,  in  any  State,  with  treason 
felony,  or  other  crime,  committed  within  the 
jurisdiction  of  such  State,  who  shall  flee  or 
shall  have  fled  from  justice  and  be  found  ii 
another  State,  shall,  on  demand  of  the 
executive  authority  of  the  State  from  which 
he  fled  upon  the  district  judge  of  the  United 
States  of  the  district  in  which  he  may  be 
found,  be  arrested  and  brought  before  such 
judge,  who,  on  being  satisfied  that  he  is  the 
person  charged,  and  that  he  was  within  the 


62 


PROCEEDINGS    OF    THE    GOVERNMENT. 


jurisdiction  of  such  State  at  the  time  such 
crime  was  committed,  of  which  such  charge 
shall  be  prima  facie  evidence,  shall  deliver 
him  up  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime ;  and  if  any  ques 
tion  of  law  shall  arise  during  such  exami 
nation,  it  may  be  taken  on  exceptions  by 
writ  of  error  to  the  Circuit  Court. 

Which  was  rejected,  yeas  48,  nays  125,  as 
follows  : 

YEAS— Messrs.  Green  Adams,  Adrain,  William  C.  Ander 
son,  Barr,  Barrett,  Bouligny,  Brabson,  Briggs,  Bristow, 
Burch,  John  B.  Clark,  Clemens,  JoJm  Cochrane,  Corwin,  Cox, 
H.  Winter  Darin,  John  G.  Davis,  Etheridge,  Fouke,  Gilmer, 
Hamilton,  J.  Morrison  Harris,  John  T.  Harris,  Hatton, 
Holman,  William  Howard,  Hughes,  Larrabee,  James  M. 
Leach,  Logan,  Mallory,  Charles  D.  Martin,  Maynard,  Me- 
Clrrnand,  McKenty,  Millson,  Laban  T.  Moore,  Moorhead, 
Nelson,  Nixon,  Phdps,  Riggs,  James  C.  Robinson,  Scranton, 
Sickles,  Stokes,  Webster,  Wood — 48. 

NAYS— Messrs.  Charles  F.  Adams,  Alley,  Ashley,  Avery, 
Babbitt,  Beale,  Bingham,  Blair,  Blake,  Bocock,  Boteler, 
Branch,  Bniyton,  Broum,  Buffinton,  Burlingame,  Burnett, 
Burnham,  Butterneld,  Campbell,  Carey,  Carter,  Case,  Hor 
ace  F.  Clark,  Coburn,  Colfax,  Conkliug,  Conway,  Covode, 
Burton  Craige,  Diwes,  De  Jarnette,  Delano,  Dnell,  Dunn, 
Kdgerton,  Edwards,  Eliot,  Ely,  Farnsworth,  Fenton,  Ferry, 
Florence,  Foster,  Frank,  French,  Garnett,  Gooch,  Graham, 
Grow,  Hale,  Hall,  Helmick,  Ilickmari,  Hindman,  Hoard, 
William  A.  Howard,  Humphrey,  Hutching,  Irvine,  Jenkins, 

F.  W.   Kellogg,  Kenyon,    Kilgore,    Kunkel,   Leake,   Long- 
tiecker,  Loomis,  Lovejoy,  Marston,   Elbert  S.  Martin,  Mc- 
Kean,  McKnight,  McPherson,  Morrill.  Edward  Joy  Morris, 
Isaac  JV.  Morris,  Morse.  Palmer,  1'endleton,  Peyton,  Porter, 
Potter,  Pottle,  Pryor,  Quarle.s,   Edwin  R.  lleynolds,  John 
H.  Reynolds.  Christopher  Robinson,  Royce,  Ruffin,  Sedg- 
wick,  Sherman,  Simms,  William  II.  N.  Smith,  Somes,  Spin 
ner,  Stanton,  Stevens,  Stevenson,  James  A.  Stewart,  William 
Stewart,  Stratton,-  Tappan,  Theaker,   Thomas,   Tompkins, 
Train,  Trimble,  Vallandigham,  Vance,  Vandever,  Van  Wyck, 
Wade,  Waldron,  Walton,  Cadwalader  C.  Washburn,  Ellihu 
B.  Washburne,  Wells,  Wldteley,  Wilson.  Windom,  Winslow, 
Woodruff,  Woodson— 125. 

Neither  of  these  propositions  was  consid 
ered  in  the  Senate,  except  the  proposed  Con 
stitutional  amendment,  which  was  passed. 
For  vote,  see  page  60. 

Pending  this  report  in  the  House  of  Rep 
resentatives, 

A  CONVENTION. 

February  27th.  Mr.  BURCH  moved  to  add 
to  the  declaratory  resolutions,  one  recom 
mending  to  the  several  States  that  they, 
through  their  legislatures,  request  Congress 
to  call  a  Convention  of  all  the  States,  to 
amend  it  "  in  such  manner  with  regard  to 
such  subjects  as  will  more  adequately 
respond  to  the  wants,  and  afford  more  suffi 
cient  guarantees  to  the  diversified  and  grow 
ing  interests  of  the  Government  and  of  the 
people  composing  the  same ;  which  was 
rejected,  yeas  74,  nays  109,  as  follows : 

YEAS — Messrs.  Green  Adams,  Garnett  B.  Adrain,  W.  C. 
Anderson,  Babbitt,  Barr,  Bcteler,  Brabson,  Briggs,  Bris 
tow.  Burch,  Burnham,  Campbell,  Coburn,  Clark  B.  Coch- 
ranc,  John  Cochrane,  Colfax,  Cox,  Curtis,  Duell,  Etln'i  i,l-. . 
Ferry,  Foukr,  Gilmer,  Hall,  J.  Morrison  Harris,  John  T. 
Harris,  Hatton,  Helmick.  Hoard,  Holman,  Wm.  Howard, 
Hughes,  'Humphrey,  Junkin,  Win.  Kellogg,  Keuyon.  Kil- 
linger,  Larrabee,  J.  M.  Leach,  Logan,  Loomis,  Mallory, 
Chas.  D.  Martin,  Milliard,  McClrrnand,  McKenty,  McPher- 
flon,  Millson,  Montgcnltery,  Moore,  Edward  Joy  Morris,  Isaac 
N.  Morris,  Nixon,  AbeO,  Palmer,  Porter,  Quarles,  John  H. 
Reynolds.  Riggs,  J.  C.  Robinson,  Scranton,  Sedgwick,  Stan- 
ton.  James  A.  Stewart.  Wm.  Stewart,  Stokes,  Stout,  Strat 
ton,  Thayer,  Waldron,  Webster,  Wells,  Wood,  Woodruff— 74. 

NAYS — Messrs.  Chas.  F.  Adams,  Aldrich,  Alley,  T.  L.Ander 
son,  Ashley,  Avery,  Barrett,  Beale,  Bingham,  Blair,  Blake, 
Bocock,  Branch,  Brayton,  Brown,  Bufflnton,  Burlingame, 
Biu-nvtt,  Butterfield,  Carey,  Carter,  Case,  John  B.  Clark,  Cor 
win.  Covode,  Jt's.  Craig,  Burton  Craige,  H.  Winter  Davis.  J. 

G.  Davis,  Ddwes,  DfJa.niet.te,  Delano,  Dimmick,l)um\,  Edgor- 


t.m,  Edmurtdson,  Edwards,  Eliot,  Ely,  English,  Farnsworth, 
Fentoo,  Florence,  Frank,  French,  Garnett,  Gooch,  Graham, 
Haskin,  Hickman,  Hindman,  W.  A.  Howard,  Hutchins 
Irvine,  Jenkins,  F.  W.  Kellogg,  Kilgore,  Kunkel,  D.  C. 
Leach,  Le.ake,  Lee,  Longnecker,  Lovejoy,  Marston,  Elbert  S. 
Martin,  McKoan,  McKnight,  Moorhead,  Morrill,  Morse, 
Nelson,  Niblack*  Olin,  Perry,  Pettit,  Peyton,  Ph<-l),*  J',.tt< -i 
Pottle,  P,yor,  E.  R.  Reynolds,  Rice,  C.  Robinson,  Rujin, 
Sickl-f,  Simms,  W.  H.  N.  Smith,  Somes,  Spaulding,  Spinner, 
Stevens,  Stevenson,  Tappan,  Thomas,  Tompkins,  Train 
Trimble,  Vallandiuham,  Vance,  Wade,  Walton,  C.  C.  Wash- 
burn,  E.  B.  Washburne,  Whiteley,  Wilson,  Windom,  Wins- 
low,  Woodson,  Wright— IW). 

Same  day.  Mr.  KILGORE  moved  to  lay 
the  whole  subject  on  the  table ;  which  was 
rejected— yeas  14.  nays  179.  The  yeas  were 

Messrs.  Alley,    Beale,    Bufflnton,    Carey,  Eliot,    Farn 
worth,  Grow,  Kilgore,  Potter,  Sedgwick,  Somes,  Waldrom 
Cadwalader  C.  Washburn,  Wiudom — 14. 

Same  day.  The  House  came  to  a  vote 
on  the  following  substitute  for  it,  offered  by 
Mr.WM.  KELLOGG,  of  Illinois  : 

Strike  out  all  after  the  word  "  that,"  and 
insert : 

The  following  articles  be,  and  are  hereby, 
proposed  and  submitted  as  amendments  to 
the  Constitution  of  the  United  States,  which 
shall  be  valid,  to  all  intents  and  purposes,  as 
part  of  said  Constitution,  when  ratified  by 
conventions  of  three-fourths  of  the  several 
States. 

ART.  13.  That  in  all  the  territory  now 
held  by  the  United  States  situate  north  of 
latitude  36°  30',  involuntary  servitude,  except 
in  the  punishment  for  crime,  is  prohibited 
while  such  territory  shall  remain  under  a  ter 
ritorial  government ;  that  in  all  the  territory 
now  held  south  of  said  line,  neither  Con 
gress  nor  any  Territorial  Legislature  shall 
hinder  or  prevent  the  emigration  to  said  ter 
ritory  of  persons  held  to  service  from  any 
State  of  this  Union,  when  that  relation 
exists  by  virtue  of  any  law  or  usage  of  such 
State,  while  it  shall  remain  in  a  territorial 
condition ;  and  when  any  territory  north  or 
south  of  said  line,  within  such  boundaries  as 
Congress  may  prescribe,  shall  contain  the 
population  requisite  for  a  member  of  Con 
gress,  according  to  the  then  Federal  ratio 
of  representation  of  the  people  of  the  United 
States,  it  may,  if  its  form  of  government  be 
republican,  be  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States, 
with  or  without  the  relation  of  persons  held 
to  service  or  labor,  as  the  constitution  of 
such  new  State  may  provide. 

ART.  14.  That  nothing  in  the  Constitu 
tion  of  the  United  States,  or  any  amendment 
thereto,  shall  be  so  construed  as  to  authorize 
any  department  of  the  Government  to,  in 
any  manner,  interfere  with  the  relation  of 
persons  held  to  service  in  any  State  where 
that  relation  exists,  nor  in  any  manner  to 
establish  or  sustain  that  relation  in  any- 
State  where  it  is  prohibited  by  the  laws  or 
onstitution  of  such  State.  And  that  this 
article  shall  not  be  altered  or  amended  with 
out  the  consent  of  every  State  in  the  Union. 

ART.    15.    The   third   paragraph   of    the 

second  section  of  the  fourth  article  of  the 

Constitution  shall  be  taken  and  construed 


PROCEEDINGS    OF    THE    GOVERNMENT. 


63 


to  authorize  and  empower  Congress  to  pass 
laws  necessary  to  secure  the  return  of  per 
sons  held  to  service  or  labor  under  the  laws 
of  any  State,  who  may  have  escaped  there 
from,  to  the  party  to  whom  such  service  or 
labor  may  be  due. 

ART.  16.  The  migration  or  importation 
of  persons  held  to  service  or  involuntary 
servitude,  into  any  State,  Territory,  or  place 
within  the  United  States,  from  any  place  or 
country  beyond  the  limits  of  the  United 
States  or  Territories  thereof,  is  forever  pro 
hibited. 

ART.  17.  No  territory  beyond  the  present 
limits  of  the  United  States  and  the  Territo 
ries  thereof  shall  be  annexed  to,  or  acquired 
by  the  United  States,  unless  by  treaty,  which 
treaty  shall  be  ratified  by  a  vote  of  two- 
thirds  of  the  Senate. 

This  was  disagreed  to — yeas  33,  nays  158. 

The  YEAS  were — Messrs.  Adrain,  Barr,  Briggs,  Burch, 
Horace  F.  ClarJc,  John  Cochrane,  Cox,  John  G.  Davis,  Eng 
lish,  Etheridge,  Fouke,  Gilmer,  J.  Morrison  Harris,  Holman, 
William  Howard,  Junkin.  William  Kellogg,  Larrabee, 
Logan,  Cliarles  D.  Martin,  McClernand,  McKenty,  Mont 
gomery,  Isaac  N.  Morris,  Nelson,  Niblack,  Biggs,  James  O. 
Robinson.  Sickles,  Stokes,  Stout,  Vallandigham.  Webster 
—33. 

MR.  CLEMENS'S  RESOLUTION. 

Mr.  SHERRARD  CLEMENS  of  Virginia,  then 
offered  a  substitute  for  it,  being  Mr.  Critten- 
den's  proposition  as  amended  on  motion  of 
Mr.  Powell, with  these  additions: 

ART.  7.  Section  1.  The  elective  franchise 
and  the  right  to  hold  office,  whether  Fed 
eral,  State,  Territorial,  or  Municipal,  shall 
not  be  exercised  by  persons  who  are,  in 
whole  or  in  part,  of  the  African  race. 

Section  2.  The  United  States  shall  have 
power  to  acquire,  from  time  to  time,  districts 
of  country  in  Africa  and  South  America, 
for  the  colonization,  at  the  expense  of  the 
Federal  Treasury,  of  such  free  negroes  and 
mulattoes  as  the  several  States  may  wish  to 
have  removed  from  their  limits,  and  from 
the  District  of  Columbia,  and  such  other 
places  as  may  be  under  the  jurisdiction  of 
Congress.  And  the  substitution  of  the  words  : 
*'  the  Southern  boundary  of  Kansas  and  the 
Northern  boundary  of  New  Mexico,"  for  the 
words :  "  latitude  36°  30',"  in  the  first  sen 
tence  of  Article  1. 

Which  was  negatived,  yeas  80,  nays  113, 
as  follows : 

YEAS— Messrs.  Adrain,  William  C.  Anderson,  Avery, 
Jlarr,  Barrett,  Bocock,  Boteler,  Bouligny.  Brabson,  Branch, 
f  Briggs,  Bristow,  Brown,  Burch,  Burnett,  Horace  F.  Clark, 
John  B.  Clark,  John  Cochrane,  Cox,  James  Craig,  Burton 
f^'tifje,  John  G.  Davis,  DeJarnette,  Dimmick,  Edmundson, 
Knglith,  Florence,  Fouke,  Garnett,  Gilmer,  Hamilton,  3. 
Morrison  Harris,  John  T.  Harris,  Hatton,  Holman,  Wm. 
ffowird.  Hughes,  Jenkins,  Kunkel,  Larrabee,  James  M. 


Wnndton,  and  Wright — 80. 

NATS— Messrs.  Charles  F.  Adams.  Aldrich,  Alley, Ashley, 
Babbitt,  Beale,  Bingham,  Blair,  Blake,  Brayton,  Buffinton 
Burlingatne.  Burnham,  Butterfield,  Campbell  Carev  Car- 
tar.  Case,  Cobu-n,  Clark  B.  Cochrane,  Colfax,  Conkliug 


I  Conway,  Corwin,  Covode,  H.  Winter  Davis,  Dawes,  Delano, 
j  Duell,  Dunn,  Edgerton,  Edwards,  Eliot,  Ely,  Etheridge 
Farnsworth,  Feriton,  Ferry,  Foster,  Frank,  French,  Gooch, 
Graham,  Grow,  Hale,  Hall,  Helmick,  Hickman,  Hindtnan 
Hoard,  William  A.  Howard,  Humphrey,  Hntchins,  Irvine 
.Tunkin,  Francis  W.  Kellogg,  William  Kellogg,  Kenyon 
Kilgore,  Killinger,  De  Witt  C.  Leach,  Lee,  Longneckei 
Loomis,  Lovejoy,  Marston,  McKean,  McKnight,McPherson 
Moorhead,  Morrill,  Morse,  Nixon,  Oliri,  Palmer,  Perr> 
Pettit,  Porter,  Potter,  Pottle,  Edwin  R.  Reynolds,  Kic'c 
Christopher  Robinson,  Roycc,  Scranton,  Sedgwick,  Slif 
man,  Somes,  Spaulding,  Spinner,  Stanton,  Stevens,  Wiliiai 
Stewart,  Stratton,  Tappan,  Thayer,  Theaker,  Tompkins, 
Train.  Trimble,  Vandever,  Van  Wyck,  Verree,  Wade,  Wal- 
i  dron,  'Walton,  Cadwalader  C.  Washburn,  Ellihu  B.  Wash- 
j  burne,  Wells,  Wilson.  Wiudom,  Wood,  and  Woodruff— 113. 

Votes  in  the  Senate. 

During  the  pendency,  in  the  Senate,  of 
j  the  Constitutional  amendment  reported  from 
j  the  House  Committee  of  Thirty-three,  and 
i  adopted  by  the  House,  Mr.  PUGH,  of  Ohio, 
offered  a  substitute,  which  was  the  same  as 
Mr.  Crittenden's*  (as  amended  by  Mr.  Pow 
ell)  with  the  omission  of  the  preamble  and 
four  resolutions,  and  the  addition  of  the  fol 
lowing  at  the  close  of  Article  4 : 

But  the  African  slave  trade  shall  be  for 
ever  suppressed,  and  it  shall  be  the  duty  of 
Congress  to  make  such  laws  as  shall  be  ne 
cessary  and  effectual,  to  prevent  the  migra 
tion  and  importation  of  slaves,  or  persons 
owing  service  or  labor  into  the  United  States 
from  any  foreign  country,  place,  or  jurisdic 
tion  whatever. 

Section  2.  That  persons  committing  crimes 
against  the  rights  of  those  who  hold  persons 
to  service  or  labor  in  one  State,  and  fleeing 
to  another,  shall  be  delivered  up  in  the  same 
manner  as  persons  committing  other  crimes  ; 
and  that  the  laws  of  the  States  from 'which 
such  persons  flee  shall  be  the  test  of  crimi 
nality. 

Section  3.  Congress  shall  pass  efficient 
laws  for  the  punishment  of  all  persons  in 
any  of  the  States,  who  shall  in  any  manner 
aid  and  abet  invasion  or  insurrection  in  any 
other  State,  or  commit  any  other  act  tend 
ing  to  disturb  the  tranquillity  of  its  people, 
or  government  of  any  other  State. 

And  the  insertion  of  a  new  article  : 

ART.  7.  Section  1.  The  elective  franchise 
and  the  right  to  hold  office,  whether  Fed 
eral,  State,  Territorial,  or  Municipal,  shall 
not  be  exercised  by  persons  who  are,  in 
whole  or  in  part,  of  the  African  race. 

MR.  DOOLITTLE'S  ON  THE  RIGHT  OF  SECESSION. 

Mr.  DOOLITTLE,  of  Wisconsin,  offered  as  a 
substitute  for  the  above  the  following: 

"Under  this  Constitution,  as  originally 
adopted,  and  as  it  now  exists,  no  State  has 
power  to  withdraw  from  the  jurisdiction  of 
the  United  States  ;  but  this  Constitution, 
and  all  laws  passed  in  pursuance  of  its  dele 
gated  powers,  are  the  supreme  law  of  the 
land,  any  thing  contained  in  any  constitu 
tion,  ordinance,  or  act  of  any  State,  to  the 
contrary  notwithstanding." 

March  2,  1861.  This  was  rejected — yeas 
18,  nays  28,  as  follows  : 


See  page  64. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


TEAS — Messrs.  Bingham,  Chandler,  Clark,  Collamer 
Doolittle,  Durkee,  Fessenden,  Foot,  Grimes,  Hale,  Uarlftni 
King,  Morrill,  Simmons,  Trumbull,  Wade,  Wilkinson,  and 
Wilson— 18. 

NAYS— Messrs.  Anthony,  Baker,  Bayard,  Bigler,  Bragg, 
Bright,  Cameron,  Clinpman,  Crittenden,  Dixon,  Douglas, 
Foster,  Gwin,  Hemphill,  Hunter,  Johnson  of  Tennessee, 
Kennedy,  Lime,  Latham,  Mason,  Nicholson,  1'earce,  Powell, 
Pugh,  Rice,  Sebastian,  Ten  Eyck,  and  Wig/all— 28. 

VOTE   ON    MR.  PUGH'S. 

The  substitute  of  Mr.  PUOH  was  then  re 
jected — yeas  14,  nays  25,  as  follows : 

YEAS — Messrs.  Bayard,  Bright,  Gwin,  Hunter,  Johnson 
of  Arkansas,  Kennedy,  Lane,  Mason,  Nicholson,  Polk, 
Powell,  Pwjti,  Th(mison,  and  Wigfall— 14. 

NATS — Messrs.  Anthony,  Baker,  Bigler,  Bingham.  Chand 
ler,  Clark,  Crittenden,  Dixon,  Doolittle,  Douglas,  Fessenden, 
Foot,  Foster,  Grimes,  Harlan.  Johnsf/n  of  Tennessee,  King, 
Latham,  Morrill,  Rice,,  Sebastian,  Simmer,  Ten  Eyck,  Wil 
kinson,  and  Wilson — 25. 

MR.  BINGHAM'S  PROPOSITION. 

Mr.  BINGHAM,  of  Michigan,  offered  the  fol 
lowing  substitute,  which  was  rejected — yeas 
13,  nays  24,  as  follows : 

"  That  the  provisions  of  the  Constitution 
are  ample  for  the  preservation  of  the  Union, 
and  the  protection  of  all  the  material  inter 
ests  of  the  country  :  that  it  needs  to  be 
obeyed  rather  than  amended  ;  and  that  an 
extrication  from  our  present  dangers  is  to 
be  looked  for  in  strenuous  efforts  to  preserve 
the  peace,  protect  the  public  property,  and 
enforce  the  laws,  rather  than  in  new  guaran 
tees  for  particular  interests,  compromises  for 
particular  difficulties,  or  concessions  to  un 
reasonable  demands. 

"  Resolved,  That  all  attempts  to  dissolve 
the  present  Union,  or  overthrow  or  abandon 
the  present  Constitution,  with  the  hope  or 
expectation  of  constructing  a  new  one,  are 
dangerous,  illusory,  and  destructive  ;  that  in 
the  opinion  of  the  Senate  of  the  United  States 
no  such  reconstruction  is  practicable;  and 
therefore,  to  the  maintenance  of  the  existing 
Union  and  Constitution  should  be  directed 
all  the  energies  of  all  the  departments  of  the 
Government,  and  the  efforts  of  all  good 
citizens. 

YEAS— Messrs.  Bingham,  Chandler,  Clark,  Doolittle,  Dur 
kee.  Fessenden,  Foot,  King,  Sumner,  Trumbull,  Wade,  Wil 
kinson,  and  Wilson — 13. 

NAYS. — Messrs.  Anthony,  Baker,  Bigler,  Bright,  Crit- 
/enden,  Dixon,  Douglas,  Foster,  Gwin,  Harlan,  Hunter, 
Folinsonof  Arkansas,  Johnson  of  Tennessee,  Kennedy,  Lane, 
Latham,  Mason,  Nicholson,  Polk,  Pugh,  Mice,  Sebastian, 
Ten  Eyck,  and  Thomson*  —24. 

A    CONVENTION. 

Mr.  GRIMES,  of  Iowa,  offered  the  following 
substitute : 

"  The  Legislatures  of  the  States  of  Ken 
tucky,  New  Jersey  and  Illinois,  have  applied 
to  Congress  to  call  a  Convention  for  pro 
posing  amendments  to  the  Constitution  of 
the  United  States  :  therefore, 

"Be  it  Resolved  by  the  Senate  and  House 
of  Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  the 
Legislatures  of  the  other  States  be  invited 
to  take  the  subject  of  such  a  Convention 
into  consideration,  and  to  express  their  will 
on  that  subject  to  Congress,  in  pursuance 
of  the  fifth  article  of  the  Constitution." 


Which  was  rejected — yeas  14,  nays  25  as 
follows : 

YEAS— Messrs.  Bingham,  Chandler,  Clark,  Doolittle,  Fe*- 
senden,  Foot.  Grimes,  King,  Morrill,  Pugh,  Sumnor,  Trum 
bull,  Wilkinson,  and  Wilson— 14. 

NAY.-— Messrs.  Anthony,  Baker.  Bigler,  Briylit,  Critten- 
don,  Dixou,  Douglas,  Jmrkc-e,  Fost-jr.  Gwin.  Harlan, 
Hunter.  Johnson  of  Arkansas,  Johnson  of  Tennessee, 
Kennedy,  Lane,  Latham,  Mason,  Nicliolson,  Polk,  Mice, 
Sebastian,  Ten  Eyck,  TJionison,  and  Wade — 25. 

THE    PEACE    CONFERENCE. 

The  Peace  Conference  propositions  offered 
by  Mr.  JOHNSON,  of  Arkansas,  were  then  con 
sidered  as  a  substitute,  and  rejected — yeas 
3,  nays  34. 

The  joint  resolution  of  the  House  of  Rep 
resentatives  was  then  passed. 

NOTE. — During  the  above  votes,  several 
Senators  said  in  explanation  of  their  nega 
tive  votes  upon  propositions,  that  they  had 
determined  to  vote  against  all  substitutes  for 
the  House  proposition,  and  for  it,  believing 
it  to  be  the  only  measure  practicable  at  so 
late  a  period  in  the  session.  Mr.  DOUGLAS. 
of  Illinois,  and  Mr.  TEN  EYCK,  and  others, 
made  this  statement. 

Vote  on  the  Crittenden  Resolutions, 
January  16,  1861. 

A  JOINT  RESOLUTION  (S.  NO.  50)  PROPOSING  CERTAIN  AMKM> 
MENTS   TO   THE    CONSTITUTION    OF   THE    UNITED    STATUS. 

WHERKAS,  serious  and  alarming  dissensions  have  arisen 
between  the  Northern  and  Southern  States,  concerning  the 
rights  and  security  of  the  rights  of  theslaveliolding  State*, 
and  especially  their  rights  in  the  common  territory  of  the 
United  States  ;  and  whereas  it  is  eminently  desirable  and 
proper  that  these  dissensions,  which  now  threaten  the  very 
existence  of  this  Union,  should  he  permanently  quieted 
and  settled  by  constitutional  provisions,  which  shall  do 
equal  justice  to  all  sections,  and  thereby  restore  to  the 
people  that  peace  and  good-will  which  ought  to  prevail 
between  all  the  citizens  of  the  United  States :  Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled  (two- 
birds  of  both  Houses  concurring),  That  the  following  arti 
cles  be,  and  are  hereby,  proposed  and  submitted  as  amend 
ments  to  the  Constitution  of  the  United  Slates,  which  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  said  Con 
stitution,  when  ratified  by  conventions  of  three-fourths 
of  the  several  States  : 

ARTICLE  1.  In  all  the  territory  of  the  United  States  now 
held, or  hereafter  acquired,  situate  north  of  latitude  36<>  30', 
slavery  or  involuntary  servitude,  except  as  a  punishment 
for  crime,  is  prohibited  while  such  territory  shall  remain 
under  territorial  government.  In  all  the  territory  south 
of  said  line  of  latitude,  slavery  of  the  African  race  is 
hereby  recognized  as  existing,  and  shall  not  be  interfered 
with  by  Congress,  but  shall  be  protected  as  property  by 
all  the  departments  of  the  territorial  government  idling 
its  continuance.  And  when  any  Territory,  north  or  south 
of  said  line,  within  such  boundaries  as  Congress  may  pre 
scribe,  shall  contain  the  population  requisite  for  a  member 
of  Congress  according  to  the  then  Federal  ratio  of  repre 
sentation  of  the  people  of  the  United  States,  it  shall,  if  its 
form  of  government  be  republican,  be  admitted  into  the 
Union,  on  an  equal  footing  with  the  original  States,  with 
r  without  slavery,  as  the  constitution  of  such  new  State 
may  provide. 

ART.  2.  Congress  shall  have  no  power  to  abolish  slavery 
u  places  under  its  exclusive  jurisdiction,  and  situate 
within  the  limits  of  States  that  permit  the  holding  of 
slaves. 

ART.  3.  Congress  shall  have  no  power  to  abolish  slavery 
within  the  District  of  Columbia,  so  long  as  it  exists  in  the 
adjoining  States  of  Virginia  and  Maryland,  or  either,  nor 
without  the  consent  of  the  inhabitants,  nor  without  just 
compensation  first  made  to  such  owners  of  slaves  as  do  not 
consent  to  such  abolishment.  Nor  shall  Congress  at  any 
me  prohibit  officers  of  the  Federal  Government,  or  ruem- 
sers  of  Congress,  whose  duties  require  them  to  be  in  said 
District,  from  bringing  with  them  their  slaves,  and  holding 
hem  as  such  during  the  time  their  duties  may  require 
hem  to  remain  there,  and  afterwards  taking  them  from 
the  District. 

ART.  4.  Congress  shall  have  no  power  to  prohibit  or 


PROCEEDINGS    OF   THE    GOVERNMENT. 


65 


hinder  the  transportation  of  slaves  from  one  State  to  an 
other,  or  to  a  Territory  in  which  slaves  are  by  law  per 
mitted  to  be  held,  whether  that  transportation  be  by  land, 
navigable  rivers,  or  by  the  sea. 

ART.  5  That  in  addition  to  the  provisions  of  the  third 
paragraph  of  the  second  section  of  the  fourth  article  of  the 
Constitution  of  the  United  States,  Congress  shall  have 
power  to  provide  by  law,  and  it  shall  be  its  duty  so  to  pro 
vide,  that  the  United  States  shall  pay  to  the  owner  who 
shall  apply  for  it,  the  full  value  of  his  fugitive  slave  in  all 
cases  when  the  marshal  or  other  officer  whose  duty  it  was 
to  arrest  said  fugitive  was  prevented  from  so  doing  by  vio 
lence  or  intimidation,  or  when,  after  arrest,  said  fugitive 
was  rescued  by  force,  and  the  owner  thereby  prevented  and 
obstructed  in  the  pursuit  of  his  remedy  for  the  recovery  of 
his  fugitive  slave  under  the  said  clause  of  the  Constitution 
»  ml  the  laws  made  in  pursuance  thereof.  And  in  all  such 
cases,  when  the  United  States  shall  pay  for  such  fugitive, 
they  shall  have  the  right,  in  their  own  name,  to  sue  the 
county  in  which  said  violence,  intimidation,  or  rescue  was 
committed,  and  to  recover  from  it,  with  interest  and  dam 
ages,  the  amount  paid  by  them  for  said  fugitive  slave.  And 
the  said  county,  after  it  has  paid  said  amount  to  the  United 
States,  may,  for  its  indemnity,  sue  and  recover  from  the 
wrong-doers  or  rescuers  by  whom  the  owner  was  prevented 
from  the  recovery  of  his  fugitive  slave,  in  like  manner  as 
the  owner  himself  might  have  sued  and  recovered. 

ART.  6.  No  future  amendment  of  the  Constitution  shall 
affect  the  five  preceding  articles  ;  nor  the  third  paragraph 
of  the  second  section  of  the  first  article  of  the  Constitution  ; 
nor  the  third  paragraph  of  the  second  section  of  the  fourth 
article  of  said  Constitution  ;  and  no  amendment  shall  be 
made  to  the  Constitution  which  shall  authorize  or  give  to 
Congress  any  pewer  to  abolish  or  interfere  with  slavery  in 
any  of  the  States  by  whose  laws  it  is,  or  may  be,  allowed 
or  permitted. 

And  whereas,  also,  besides  these  causes  of  dimension  em 
braced  in  the  foregoing  amendments  proposed  to  the  Con 
stitution  of  the  United  States,  there  are  others  which  come 
within  the  jurisdiction  of  Congress,  and  may  be  remedied 
by  its  legislative  power;  and  whereas  it  is  the  desire  of 
Congress,  as  far  as  its  power  will  extend,  to  remove  all 
just  cause  for  the  popular  discontent  and  agitation  which 
now  disturb  the  peace  of  the  country,  and  threaten  the 
stability  of  its  institutions:  Therefore, 

1.  Resolved  by  the  Semite  and  House  of  Representatives 
of  the  United  fit  ft  ten  of  America,  in  Congress  (issembled, 
That  the  laws  now  in  force  for  the  recovery  of  fugitive 
slaves  are  in  strict  pursuance  of  the  plain  and  mandatory 
provisions  of  the  Constitution,  and  have  been  sanctioned 
as  valid  and  constitutional  by  the  judgment  of  the  Supreme 
Court  of  the  United  States  ;  tha.t  the  slaveholdiug  States  are 
entitled  to  the  faithful  observance  and  execution  of  those 
laws,  and  that  they  ought  not  to  be  repealed,  or  so  modi 
fied  or  changed  as  to  impair  their  efficiency  ;   and   that 
laws  ought  to  be  made  for  the  punishment  of  those  who 
attempt  by  rescue  of  the  slave,  or  other  illegal  means,  to 
hinder  or  defeat  the  due  execution  of  said  laws. 

2.  That  all  State  laws  which  conflict  with  the  fugitive 
slave  acts  of  Congress,  or  any  other  constitutional  acts  of 
Congress,  or  which,  in  their  operation,  impede,  hinder,  or 
delay  the  free  course  and  due  execution  of  any  of  said  acts, 
are  null  and  void  by  the  plain  provisions  of  "the  Constitu 
tion  of  the  United  States ;  yet  those  State  laws,  void  as 
they  are,  have  given  color  to  practices,  and  led  to  conse 
quences  which  have  obstructed   the   due  administration 
and  execution  of  acts  of  Congress,  and  especially  the  acts 
for  the  delivery  of  fugitive  slaves,  and  have  thereby  con 
tributed  much  to  the  discord  and  commotion  now  prevail 
ing.    Congress,  therefore,  in  the  present  perilous  juncture, 
does  not  deem  it  improper,  respectfully  and  earnestly  to 
recommond  the  repeal  of  those  laws  to  the  several  States 
which  have  enacted  them,  or  such  legislative  corrections 
or  explanations  of  them  as  may  prevent  their  being  used 
or  perverted  to  such  mischievous  purposes. 

3.  That  the  act  of  the  18ch  of  September,  1850,  commonly 
called  the  fugitive  slave  law,  ought  to  be  so  amended  as  to 
make  the  fee  of  the  commissioner,  mentioned  in  the  eiehth 
section  of  the  act.  equal  in  amount,  in  the  cases  decided  by 
him.  whether  his  decision  be  in  favor  of  or  against  th'e 
claimant.     And  to  avoid  misconstruction,  the  last  clause 
of  the  fifth  section  of  said  act.  which  authorizes  the  person 
holding  a  warrant  for  the  arrest  or  detention  of  a  fugitive 
slave,  to  summon  to  his  aid    the  pnsne  comitattis,  and 
which  declares  it  to  be  the  duty  of  all  good  citizens  to 
assist  him  in  its  execution,  ought  to  be  so  amended  as  to 
expressly  limit  the  authority  and  duty  to  cases  in  which 
there  shall  be  resistance  or  danger. of  resistance  or  rescue. 

4  That  the  laws  for  the  suppression  of  the  African  slave- 
trade,  and  especially  those  prohibiting  the  importation  of 
slaves  in  the  United  States,  ought  to  be  made  effectual  and 
ought  to  be  thoroughly  executed  :  and  all  further  enact 
ments  necessary  to  those  ends  ought  to  be  promptly  made. 

Mr.  POWELL  moved  to  amend  by  insert 


ing  in  article  1,  after  the  word  "territory," 
in  the  second  sentence,  the  words  "  now  held 
or  hereafter  to  be  ae-quired,"  so  that  the 
clause  will  read  :  "  In  all  the  territory  now 
held  or  hereafter  to  be  acquired  south  of 
said  line  of  latitude,  slavery  of  the  African 
race  is  hereby  recognized,  etc.,"  which  was 
agreed  to  as  follows  : 

YEAS — Messrs.  Baker,  Bayard,  Benjamin,  Bigler,  Bragg, 
Bright,  Ctingman,  Crittenden,  Douglas,  Fitch,  Green,  Gv.'in, 
HcmphiU,  Hunter,  Ircrson,  Johns'jv  of  Tennessee,  Krnnrfy, 
Lane,  Mason,  Nicholson,  Pearce,  Polk,  Powell,  Pugh,  Rice, 
Saulsbitry,  Sebastian,  Siirfell,  and  WigfaU—2Q. 

NAYS — Messrs.  Anthony,  Bingham,  Cameron,  Chandler, 
Clark.  Collanier.  Dixon,  Doollttle,  Durkee,  Fessenden,  Foot, 
Foster,  Grimes.  Hale,  Harlan,  King,  Latham,  Seward,  Sim 
mons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  and  Wilson — 24. 

Mr.  CLARK  of  New  Hampshire  offered  an 
amendment  to  strike  out  the  preamble,  and 
all  the  resolutions  after  the  word  "  resolved," 
and  insert :  "  That  the  provisions  of  the  Con 
stitution  are  ample  for  the  preservation  of 
the  Union,  and  the  protection  of  all  the 
material  interests  of  the  country ;  that  it 
needs  to  be  obeyed  rather  than  amended ; 
and  that  an  extrication  from  our  present 
danger  is  to  be  looked  for  in  strenuous  efforts 
to  preserve  the  peace,  protect  the  public 
property  and  enforce  the  laws,  rather  than 
in  new  guarantees  for  particular  interests, 
compromises  for  particular  difficulties,  or 
concessions  to  unreasonable  demands. 

"Resolved,  That  all  attempts  to  dissolve 
the  present  Union,  or  overthrow  or  abandon 
the  present  Constitution  with  the  hope  or 
expectation  of  constructing  a  new  one,  are 
dangerous,  illusory  and  destructive ;  that  in 
the  opinion  of  the  Senate  of  the  United 
States  no  such  reconstruction  is  practicable  ; 
and  therefore,  to  the  maintenance  of  the 
existing  Union  and  Constitution  should  be 
directed  all  the  energies  of  all  the  depart 
ments  of  the  Government,  and  the  efforts 
of  all  good  citizens." 

Which  was  agreed  to  : 

YEAS — Messrs.  Anthony,  Baker,  Bingham,  Cameron, 
Chandler,  Clark,  Collamer,  Dixon,  Doolittle,  Durkee,  Fes- 
senden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  King,  Seward, 
Simmons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
and  Wilson— 26. 

NAYS — Messrs.  Bayard,  Bigler,  Bragg,  Bright,  Clingman. 
Crittenden,  Fitch,  Green,  Owin,  Hisntfr,  Johnson  of  Tennes 
see,  Kennedy,  Lane,  Latham,  Mason,  Nicholson,  Ptarcf, 
Polk,  Pcnvell,  Pugh,  Rice,  Saultbury,  and  Sebastian — 23. 

Messrs.  BENJAMIN  of  Louisiana,  DOUGLAS 
of  Illinois,  HEMPHILL  of  Texas,  IVERSON  of 
Georgia.  JOHNSON  of  Arkansas,  SLIDELL  of 
Louisiana,  and  WIGFALL  of  Texas,  who 
voted  on  the  next  preceding  question,  did 
not  vote  on  this.  Mr.  DOUGLAS  stated  after 
wards  in  open  Senate  that  he  was  accident 
ally  absent  in  one  of  the  retiring  rooms,  and 
asked  to  record  his  vote,  but  was  refused 
permission. 

January  18th,  1861.— Mr.  CAMERON'S 
motion  to  reconsider  the  vote  adopting  Mr. 
Clark's  amendment,  was  agreed  to  : 

YEAS— Messrs.  Bayarrl,  Biglei;  Braaa,  Bright,  CKngman, 
Crittenden,  Douglas,  Pitch,  Green,  Gwin,  Hrmphill,  Hun 
ter,  Jolmton  of  Arkansas)  Johnson  of  Tennessee,  Kennedy, 
Lane,  Latham,  Maaon,  Nicholson,  Pearce,  Polk  Powell 
Pugh,  Rice,  Saulsbury,  Sebastian,  and  SlideU—27. 


66 


PROCEEDINGS    OF    THE    GOVERNMENT. 


NAYS — Messrs.  Anthony,  Baker,  Bingham,  Cameron, 
Chandler,  Clark,  Collamer,  Dixun,  Doolittle,  Fessenden, 
Foot,  Foster,  Grimes,  Hale,  Harlau,  King,  Reward,  Sim 
mons,  Sumuer,  Ten  Eyck,  Wade,  Wfyfall,  Wilkinson,  and 
Wilson— 24. 

March  2d.  After  the  adoption  of  the 
House  resolution  proposing  an  amendment 
to  the  Constitution  relative  to  slavery  in 
the  States,  the  Senate  returned  to  the  consid 
eration  of  the  Crittendcn  proposition, — the 
question  being  on  the  amendment  offered 
by  MR.  CLARK  of  New  Hampshire,  once 
adopted  and  then  reconsidered, [for  which 
see  above  vote,] which  was  rejected — yeas 
15,  nays  22,  as  follows  : 

YEAS — Messrs.  Bingham,  Chandler,  Clark,  Doolittle, 
Durkee,  Fessenden.  Foot,  Harlan,  King,  Morrill,  Sumner, 
Trumbull.  Wade,  Wilkinson,  and  Wilson— 15. 

NAYS— Messrs.  Anthony,  linker,  Bayard,  Biyltr,  Bright, 
Crittenden,  Dixon,  Douglas,  Foster,  Gwin,  Hunter,  Johnton 
of  Tennessee,  Kennedy,  Lane,  Latham,  Masrm,  Nicholson, 
Polk,  I*ugh,  Rice,  Sebastian,  and  Ten  Eyck— 22. 

The  Senate  adopted,  without  a  division, 
the  amendments  offered  by  Mr.  Powell  in  the 
Committee  of  the  whole,  and  agreed  to  as 
follows  :  Insert  after  "  territory,"  in  second 
sentence  in  first  article,  the  words  "  now  held 
or  to  be  hereafter  acquired,"  and  add  to 
article  fourth  the  words  "  But  the  African 
slave  trade  shall  be  forever  suppressed  ;  and 
it  shall  be  the  duty  of  Congress  to  make 
such  laws  as  shall  be  necessary  and  effectual 
to  prevent  the  migration  or  importation  of 
slaves,  or  persons  owing  service  or  labor, 
into  the  United  States  from  any  foreign 
country,  place,  or  jurisdiction  whatever. 

SEC.  2.  That  persons  committing  crimes 
against  the  rights  of  those  who  hold  persons 
to  service  or  labor  in  one  State,  and  fleeing 
ro  another,  shall  be  delivered  up  in  the  same 
manner  as  persons  committing  other  crimes  ; 
and  the  laws  of  the  State  from  which  such 
persons  flee  shall  be  the  test  of  criminality. 

SEC.  3.  Congress  shall  pass  efficient  laws 
for  the  punishment  of  all  persons  in  any  of 
the  States  who  shall  in  any  manner  aid  and 
abet  invasion  or  insurrection  in  any  other 
State,  or  commit  any  other  act  tending  to 
disturb  the  tranquillity  of  its  people,  or 
government  of  any  other  State." 

Mr.  CRITTENDEN  moved  to  substitute  for 
his  proposition  that  recommended  by  the 
Peace  Conference,  which  was  rejected — yeas 
7,  nays  28.  (For  vote,  see  p.  69.) 

The  Crittenden  proposition,  as  amended, 
was  then  rejected — yeas  19,  nays  20,  as 
follows  : 

YEAS— Messrs.  Bayard,  Bigler,  Bright,  Crittenden, 
Douglas,  Gwin,  Hunter,  Johnson  of  Tennessee,  Kennedy, 
Lane,  Latham,  Mason,  Nicholson,  Polk,  I*ugh,  Rice,  Sebas 
tian,  Thomson,  and  Wiflfall—lQ. 

NAIS— Messrs.  Anthony,  Bingham,  Chandler  Clark, 
Dixon,  Doolittle,  Durkee,  Fessenden,  Foot,  Fostti  Crimes, 
Harlan,  King.  Morrill,  Sumner,  Ten  Eyck,  Tnimhull, 
Wade,  WilkinHortf  and  Wilson— 20. 

It  was  not  voted  upon  in  the  House  of 
Representatives,  except  as  far  as  it  was  em 
bodied  in  the  proposition  offered  by  Mr. 
Clemens  of  Virginia — for  which,  see  p.  63. 

Respecting  the  vote  of  January  16th.  on 
the  Crittenden  proposition  in  the  Senate, 


ANDREW  JOHNSON.  Senator  from  Tennessee, 
in  his  speech  on  the  expulsion  of  Jesse  D. 
Bright,  Senator  from  Indiana,  delivered  Jan 
uary  31st,  1862,  made  these  remarks.  When 
the  six  Senators  refused  to  vote  on  Senator 
Clark's  amendment.*  Senator  Johnson  say?  : 
;>  1  sat  right  behind  Mr.  Benjamin,  and  1 
am  not  sure  that  my  worthy  friend,  (Mr. 
LATHAM,)  was  not  close  by,  when  he  refused 
to  vote,  and  1  said  to  him,  '  Mr.  Benjamin, 
why  do  you  not  vote  ?  "Why  not  save  this 
proposition,  and  see  if  we  cannot  bring  the 
country  to  it?'  He  gave  me  rather  an 
abrupt  answer,  and  said  he  would  control 
his  own  action  without  consulting  me  or 
anybody  else.  Said  I,  '  Vote  and  show  your 
self  an  honest  man.'  As  soon  as  the  voto 
was  taken,  he  and  others  telegraphed  South, 
'We  cannot  get  any  compromise.'  Here 
were  six  Southern  men  refusing  to  vote,  when 
the  amendment  would  have  been  rejected 
by  four  majority  if  they  had  voted.  Who. 
then,  has  brought  these  evils  on  the  country  ? 
Was  it  Mr.  CLARK  ?  He  was  acting  out  his 
own  policy ;  but  with  the  help  we  had  from 
the  other  side  of  the  chamber,  if  all  those 
on  this  side  had  been  true  to  the  Constitu 
tion,  and  faithful  to  their  constituents,  and 
had  acted  with  fidelity  to  the  country,  the 
amendment  of  the  Senator  from  New  Hamp 
shire  could  have  been  voted  down,  the  de 
feat  of  which  the  Senator  from  Delaware 
says  would  have  saved  the  country.  Whose 
fault  was  it?  Who  is  responsible  for  it? 
I  think  that  it  is  not  only  getting  the  nail 
through,  but  clinching  it  on  the  other  side, 
and  the  whole  staple  commodity  is  taken 
out  of  the  speech.  Who  did  it  ?  Southern 
traitors,  as  was  said  in  the  speech  of  the 
Senator  from  California.  They  did  it.  They 
wanted  no  compromise.  They  accomplished 
their  object  by  withholding  their  votes;  and 
hence  the  country  has  been  involved  in  the 
present  difficulty.  Let  me  read  another 
extract  from  the  speech  of  the  Senator  from 
California,  [Mr.  LATHAM]  : 

" '  I  recollect  full  well  the  joy  that  per 
vaded  the  faces  of  some  of  those  gentlemen 
at  the  result,  arid  the  sorrow  manifested  by 
the  venerable  Senator  from  Kentucky,  [MR. 
CRITTENDEN.]  The  record  shows  that  Mr. 
Pugh,  from  Ohio,  despairing  of  any  com 
promise  between  the  extremes  of  ultra  Re 
publicanism  and  disunionists,  working  mani 
festly  for  the  same  end,  moved,  immediately 
after  the  vote  was  announced,  to  lay  the 
whole  subject  on  the  table.  If  you  will  turn 
to  page  443,  same  volume,  you  will  find,  when 
at  a  late  period,  Mr.  Cameron,  from  Penn 
sylvania,  moved  to  reconsider  the  vote,  ap 
peals  having  been  made  to  sustain  those 
who  were  struggling  to  preserve  the  peace 
of  the  country,  that  vote  was  reconsidered; 
and  when,  at  last,  the  Crittenden  proposi 
tions  were  submitted  on  the  2d  day  of  March, 
these  Southern  States  having  nearly  all  se- 

*  See  Mr.  Crittenden's  despatch  to  Raleigh,  Januarj 
17th,  page  39. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


67 


ceded,  they  were  then  lost  by  but  one  vote. 
Here  is  the  vote  : 

YEAS — Messrs.  Bayard,  Bigler,  Bright,  Crittenden,  Doug- 
la.-,  liwlu.  Hunter,  Johnson   of  Tennessee,  Kennedy,  Lane, 
ii..   .Mason,  Nicholson,  Polk,  Pugh,   Rice,   Sebastian. 

....  :uid  Wigfkll— 19. 

NATS — Messrs.  Anthony,  Bingham,  Chandler,  Clark, 
Dixon,  Doolittle,  Pnrkee,  Fossenden,  Foot,  Foster,  Grimes, 
Harlan,  King,  Morrill,  Sumner,  Ten  Eyck,  Trumhull,  Wade, 
Wilkinson,  and  Wilson— 20. 

" '  If  these  seceded  Southern  States  had 
remained,  there  would  have  passed,  by  a 
large  vote,  (as  it  did  without  them,)  an 
amendment,  by  a  two-third  vote,  forbidding- 
Congress  ever  interfering  with  slavery  in 
the-  States.  The  Crittenden  proposition 
would  have  been  indorsed  by  a  majority 
vote,  the  subject  finally  going  before  the 
people,  who  have  never  yet,  after  considera 
tion,  refused  justice,  for  any  length  of  time, 
to  any  portion  of  the  country. 

" '  I  believe  more,  Mr.  President,  that 
these  gentlemen  were  acting  in  pursuance 
of  a  settled  and  fixed  plan  to  break  up  and 
destroy  the  Government.' 

•'  When  we  had  it  in  our  power  to  vote 
down  the  amendment  of  the  Senator  from 
New  Hampshire,  and  adopt  the  Crittenden 
resolutions,  certain  Southern  Senators  pre 
vented  it ;  and  yet,  even  at  a  late  day  of 
the  session,  after  they  had  seceded,  the 
Crittenden  proposition  was  only  lost  by  one 
vote.  If  rebellion  and  bloodshed  and  muf- 
der  have  followed,  to  whose  skirts  does  the 
responsibility  attach?  I  summed  up  all 
these  facta  myself  in  a  speech  during  the 
last  session,  but  I  have  preferred  to  read 
from  the  speech  of  the  Senator  from  Cali 
fornia,  he  being  better  authority,  and  hav 
ing  presented  the  facts  better  than  I  could." 

Mr.  Lincoln's  Opinions  on  a  Compro 
mise. 

From  the  N.  Y.  Tribune  of  Jan.  30th,  1861. 

"We  do  not  hesitate  to  say  that  these 
statements  are  false  and  calumnious.  We 
have  the  best  authority  for  saying  that  Mr. 
Lincoln  is  opposed  to  all  concessions  of  the 
sort.  We  know  that  his  views  are  fully  ex 
pressed  in  his  own  language  as  follows  : 

"  '  I  will  suffer  death  before  I  will  consent 
or  advise  my  friend^  to  consent  to  any  con 
cession  or  compromise  which  looks  like 
buying  the  privilege  of  taking  possession  of 
the  Government  to  which  we  have  a  consti 
tutional  right;  because,  whatever  I  might 
think  of  the  merit  of  the  various  propositions 
before  Congress,  I  should  regard  any  con 
cession  in  the  face  of  menace  as  the  destruc 
tion  of  the  government  itself,  and  a  consent 
on  all  hands  that  our  system  shall  be 
brought  down  to  a  level  with  the  existing 
disorganized  state  of  affairs  in  Mexico.  But 
this  thing  will  hereafter  be,  as  it  is  now,  in 
the  hands  of  the  people ;  and  if  they  desire 
to  call  a  convention  to  remove  any  griev 
ances  complained  of,  or  to  give  new  guaran 
tees  for  the  permanence  of  vested  rights,  it 
IB  not  mine  to  oppose.'  " 


The  "  Peace  Conference"  and  its  Pro 
position. 

Commissioners  composing  the  "Peace 
Conference,"  held  at  the  request  of  the 
Legislature  of  Virginia,  met  in  Washington, 
February  4th,  1861,  and  adjourned  February 
27th.  The  following  gentlemen  represented 
their  States,  under  appointment  of  the 
Governors  or  Legislatures  thereof: 

DELEGATES., 

Maine.— William  P.  Fessenden,  Lot  M. 
Morrill,  Daniel  E.  Somes,  John  J.  Perry, 
Ezra  B.  French,  Freeman  H.  Morse,  Stephen 
Coburn,  and  Stephen  C.  Foster. 

New  Hampshire.  —  Amos  Tuck,  Levi 
Chamberlain,  and  Asa  Fowler. 

Vermont. — Hiland  Hall,  Levi  Underwood, 
H.  Henry  Baxter,  L.  E.  Chittenden,  and  B. 
D.  Harris. 

Massachusetts. — John  Z.  Goodrich,  John 
M.  Forbes,  Richard  P.  Waters,  Theophilns 
P.  Chandler,  Francis  B.  Crowninshield,  Geo. 
S.  Boutwell,  and  Charles  Allen. 

Rhode  Island. — Samuel  Ames,  Alexander 
Duncan,  William  W.  Hoppin,  George  H. 
Browne,  and  Samuel  G.  Arnold. 

Connecticut. — Ros:er  S.  Baldwin,  Chauncey 
F.  Cleveland,  Charles  J.  McCurdy,  James  T. 
Pratt,  Bobbins  Battell,  and  Amos  S.  Treat. 

New  York.— David  Dudley  Field,  Wm. 
Curtis  ISToyes,  James  S.  Wadsworth,  James 
C.  Smith,  Amaziah  B.  Jaincs,  Erastus 
Corning,  Greene  C.  Bronson,  William  E. 
Dodge,  J.  A.  King,  J.  E.  Wood,  F.  Granger. 

New  Jersey. — Charles  S.  Olden,  Peter  D. 
Vroom,  Robert  F.  Stockton,  Benjamin 
Williamson,  Joseph  F.  Randolph,  Fred  T. 
Frelinghuysen,  Rodman  M.  Price,  William 
C.  Alexander,  and  Thomas  J.  Stryker. 

Pennsylvania. — Thomas  White,  James 
Pollock,'  Wm,  M.  Meredith,  David  Wilmot, 
A.  W.  Loomis,  Thomas  E.  Franklin,  and 
William  McKennan. 

Delaware. — George  B.  Rodney,  Daniel  M. 
Bates,  Henry  Rklgely,  John  W.  Houston, 
ancl  William  Cannon. 

Maryland. — John  F.  Dent,  Reverdy  John 
son,  John  W.  Crisfield,  Augustus  W.  Brad 
ford.  William  T.  Goldsborough,  J.  Dixon 
Roman,  and  Benjamin  C.  Howard. 

Virginia.— John  Tylor,  William  C.  Rives, 
John  W.  Brockenbrough,  George  W.  Sum 
mers,  and  James  A.  Seddon. 

North  Carolina. — George  Davis,  Thomas 
Ruffln,  David  S.  Reid,  D.  M.  Barringer,  and 
John  M.  Moreho:id. 

Tennessee. — Samuel  Milligan,  Joshih  M. 
Anderson,  Robert  L.  Cnrriithers,  Thomas 
Martin,  Isaac  11.  Hawkins,  A.  O.  W.  Totton, 
Robert  J.McKinney,  Alvin  Cullom,  Wm.P. 
Hickerson,  Geo.  W.  Jones,  F.  K.  Zollicoffer, 
and  William  H.  Stephens. 

Kentucky. — William  O.  Butler.  James  B. 
Clay,  Joshua  F.  Boll,  Charles  S.  Morehead, 
Jnmos  Guthrle,  and  Charles  A.  WicklifYK 

Missouri — John  D.    Coulter,    Alexander 


68 


PROCEEDINGS    OF    THE    GOVERNMENT. 


W    Doniphan,  Waldo  P.  Johnson,  Aylett  H.     thereof.     Nor  shall  Congress  have  power  to  authorize  any 
TT  .  L/  UUJHMMA,  J  higher  rate  of  taxation  on  persons  held  to  labor  or  service 


i  higher  rate  of  taxation  ou  persons 

!  than  on  land.     The  bringing  into  the  District  of  Columbia 

i  of  persons  held  to  labor  or  service,  for  sale,  or  placing 

;  (hem  in  depots  to  be  afterwards  transferred  to  other  places 

l  for  sale  as  merchandize,  is  prohibited. 

!      SEC.  4.  The  third  paragraph  of  the  second  section  of  the 

i  fourth  article  of  the  Constitution  shall  not  be  construed  to 


Buckner,  and  Harrison  Hough. 

Ohio.— John  C.  Wright/  Salmon  P.  Chase, 
William  S.  Groesbeck,  Franklin  T.  Backus, 
Reuben  Hitchcock,  Thomas  Ewing,  arid  V. 

'  *       /-,  i  ••      T»     a      'J/L      T>I  k     A      i  prevent  any  of  the  States,  by  appropriate  legislation,  and 

Indiana — Caleb    15.    femith,    .Pleasant   A..   \  through  the  action  of  their  judicial  and  ministerial  officer*-, 
acklenian      Godlove    S.     Orth,     E.    W.    H.     from  enforcing  the  delivery  of  fugitives  from  labor  to  the 

person  to  whom  such  service  or  labor  is  due. 

SEC.  5.  The  foreign  slave  trade  is  hereby  forever  prohib 
ited  ;  and  it  shall  be  the  duty  of  Congress  to  pass  laws  to 
prevent  the  importation  of  slaves,  coolies,  or  persons  held 


to  service  or  labor,  into  the  United  States  and  the  Territo 
ries  from  places  beyond  the  limits  thereof. 

SEC.  6.  The  first,  third,  and  fifth   sections,  together  with 


Hackleman, 

Ellis,  and  Thos.  C.  Slaughter. 

Illinois. — John  Wood,  Stephen  T.  Logan, 
John  M.  Palmer,  Burton  C.  Cook,  and 
Thomas  J.  Turner. 

Iowa.— James  Harlan,  James  W.  Grimes,  i 

Qov,  ,1U1  T?  rSiftia  ond  Willis™  Vnnrlpvo"  j  this  section  of  these  amendments,  and  the  third  paragraph 
feamuei  ±i.  L  lUS,  an<  er.  ofthe  second  section  of  the  first  article  of  the  Constitution, 

Kansas. — Thomas  E  Wing,  Jr.,  J.  C.  Stone,    j  and  the  third  paragraph  ofthe  second  section  of  the  fourth 

i  article  thereof,  shall  not  be  amended  or  abolished  without 
j  the  consent  of  all  the  States. 

SEC.  7.  Congress  shall  provide  by  law  that  the  United 
I  States  shall  pay  to  the  owner  the  full  value  of  his  fugitive 
JOHN  TYLER  of  Virginia,  President  ;  CRAFTS    I  from  labor,  in  all  cases  where  the  marshal  or  other  offices, 
J      WRIGHT    of    Ohio     Secretary;    JAMES    M.    i  whose  duty  it  was  to  arrest  such  fugitive,  was  prevented 
h    __          T  T     TT  TJ  '  from  so  doing  by  violence  or  intimidation  from  mobs  or 

TOWER  Of  New  Jersey,  J.  HENRY  FULESTOH  ;  riotous  assemblages,  or  when,  after  arrest,  such  fugitive 
Of  Pennsylvania,  WM.  W.HOPPIN,  Jr.,  Of  Rhode  |  was  rescued  by  like  violence  or  intimidation,  and  the 
Island  JOHN  STRYKER  of  New  York,  assist-  I  owner  thereby  deprived  of  the  same  ;  and  the  acceptance 

1  of  such  payment  shall  preclude  the  owner   from  further 
ants.  j  claim  to  such  fugitive.     Congress    shall  provide  by  Jaw 

They  recommended  that  the  following  be 
proposed  to  the  several  States  as  amendments 
to  the  Constitution  of  the  United  States : 


II.  J.  Adams.  M.  F.  Conway. 
The  officers  were  : 


for  securing  to  the  citizens  of  each  State  the  privileges  and 
immunities  of  citizens  in  the  several  States. 

Section  1  was  first  lost,  yeas  8,  nays  11, 
then  re-considered,  and  agreed  to,  yeas  9, 
(Delaware.  Illinois,  Kentucky,  Maryland. 
New  Jersey,  Ohio,  Pennsylvania.  Rhode 
Island.  Tennessee,)  nays  8,  (Connecticut, 
Iowa,  Maine,  Massachusetts.  North  Caro 
lina,  New  Hampshire,  Vermont,  Virginia.) 

Section  2  was  agreed  to,  yeas  11,  (Dela 
ware,  Indiana,  Kentucky,  Maryland,  Mis 
souri,  New  Jersey,  Ohio,  Pennsylvania, 
Rhode  Island,  Tennessee,  Virginia,)  nays  8, 
(Connecticut,  Illinois,  Iowa,  Maine,  Massa 
chusetts,  North  Carolina,  New  Hampshire, 
Vermont.) 

Section  3  was  agreed  to,  yeas  12,  (Dela 
ware,  Illinois,  Kentucky,  Maryland,  Mis 
souri,  New  Jersey,  North  Carolina,  Ohio, 
Pennsylvania,  Rhode  Island,  Tennessee, 
Virginia,)  nays  7,  (Connecticut,  Indiana, 
Iowa,  Maine,  Massachusetts,  New  Hamp 
shire,  Vermont.) 

Section  4  was  agreed  to,  yeas  15,  (Connec 
ticut,  Delaware,  Illinois.  Indiana,  Kentucky, 
Maryland,  Missouri,  New  Jersey,  North 
Carolina,  Ohio,  Pennsylvania,  Rhode  Island. 
Tennessee,  Vermont,  Virginia.)  nays  4.  (Iowa, 
Maine,  Massachusetts,  New  Hampshire.) 

Section5  was  agreed  to,  yeas  16,  (Conncc- 
,  ticut,  Delaware.  Illinois,  Indiana,  Kentucky, 

>r  prohibit  llepre.<ent;it  ves  and  others  from      -.r         •,         •,    -..-.  •    XT         T  V         "V 

hem  to  the  District  ,1  Columbia,  retaining.  Maryland,  Missouri,  New  Jersey,  N  ew  \  ork, 

N  c\v  Hampshire.  Ohio,  Pennsylvania.  Rhode 
Island,  Tennessee,  Vermont,  Kansas,)  nays 
5,  (Iowa.  Maine,  Massachusetts,  North  Caro 
lina,  Virginia.) 

vSection  6  was  agreed  to,  yeas  11,  (Dela 
ware,  Illinois,  Kentucky,  Maryland,  Mis 
souri.  New  Jersey,  Ohio,  Pennsylvania, 
Rhode  Island,  Tennessee,  Kansas,)  nays  9t 
(Connecticut,  Indiana.  Iowa,  Maine,  Massa 
chusetts,  North  Carolina,  New  Hampshire, 
Vermont,  Virginia.)  New  York  was  divided. 

Section  7  was  agreed  to,  yeas  12,  (Dela- 


ARTICLB  13.  SEC.  1.  In  all  the  present  territory  of  the 
United  States,  north  of  the  parallel  of  36°  30' of  north 
latitude,  involuntary  servitude,  except  in  punishment  of 
Grime,  is  prohibited.  In  all  the  present  Territory  south 
of  that  line,  the  status  of  persons  held  to  involuntary 
service  or  labor,  as  it  now  exists,  shall  not  be  changed  : 
nor  shall  any  law  be  passed  by  Congress  or  the  Territorial 
Legislature  to  hinder  or  prevent  the  taking  of  such 
persons  from  any  of  the  States  of  this  Union  to  said 
Territory,  nor  to  impair  the  rights  arising  from  said 
relation  ;  but  the  same  shall  be  subject  to  judicial 
cognizance  in  the  Federal  courts,  according  to  the  course 
of  the  common  law.  When  any  Territory  north  or  south 
of  said  line,  within  such  boundary  as  Congress  may 
prescribe,  shall  contain  a  population  equal  to  that  re 
quired  for  a  member  of  Congress,  it  shall,  if  its  form  of 
Government  be  republican,  be  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States,  with  or  without 
involuntary  servitude,  as  the  constitution  of  such  State 
may  provide. 

SEC.  2.  No  Territory  shall  be  acquired  by  the  United 
States,  except  by  discovery,  and  for  naval  and  commer 
cial  stations,  depots,  and  transit  routes,  without  the  con 
currence  of  a  majority  of  all  the  Senators  from  States 
which  allow  involuntary  servitude,  and  a  majority  of  all 
the  Senators  from  States  which  prohibit  that  relation  ;  nor 
shall  Territory  be  acquired  by  treaty,  unless  the  votes  of  a 
majority  of  tho  Senators  from  each  class  of  States  hereinbe 
fore  mentioned  be  cast  as  a  part  of  the  two-thirds  majority 
necessary  to  the  ratification  of  such  treaty. 

SEC.  3.  Neither  the  Constitution  nor  any  amendment 
thereof  shall  be  construed  to  give  Congress  power  to  regu 
late,  abolish,  or  control,  within  any  State,  the  relation 
established  or  recognised  oy  the  laws  thereol  touching 
persons  held  to  labor  or  involuntary  service  therein,  nor  to 
interfere  with  or  abolish  in  voluntary  service  in  the 
District  of  Columbia  without  the  consent  of  Maryland  and 
without  the  consent  of  the  owners,  or  making  the  owners 
who  do  not  consent  just  compensation  ;  nor  the  power  to 
interfere  with 
bringing  with  th 

and  taking  away,  persons  so  hell  t<_  labor  or  service;  nor 
rhe  power  to  interfere  with  or  aoolish  involuntary  service 
in  places  under  the  exclusive   jurisdiction  of  the  United  I 
States  within  those  States  and  '1  .,rritories  where  the  same  j 
is  established  or  recognized  ;  nor  the  power  to  prohibit  the  ! 
removal    or   transportation    :f  persons   held   to   labor  or  j 
involuntary  service  in  any  State  or  Territory  ofthe  United  j 
States  to  any  other  State  or  Territory  thereof,  where  it  is  I 
established  or  recognized  by  law  or  usage;  and  the  right  j 
during    transportation,  by   sea   or   river,  of  touching   at 
ports,  shores,  and  landings,  and  of  landing  in  case  of  dis 
tress,  shall  exist  :  but  not  the  right  of  transit  in  or  through  | 
any  State  or  Territory,  or  of  sale  or  traffic,  against  the  laws 

*  Died  during  the  session,  and  succeeded  by  C.  P.  Wol- 
coft.  In  New  York,  Granger  succeeded  Addisou  Gardiner, 
resigned. 


PROCEEDINGS   OF   THE    GOVERNMENT. 


69 


ware,  Illinois,  Indiana,  Kentucky.  Maryland, 
New  Jersey,  New  Hampshire,  Ohio,  Penn 
sylvania,  Rhode  Island,  Tennessee,  Kansas,) 
nays  7,  (Connecticut,  Iowa,  Maine,  Missouri, 
North  Carolina,  Vermont,  Virginia.)  New 
York  was  divided. 

By  a  vote  of  12  to  7,  (New  York  divided,) 
the  resolution  offered  by  Mr.  FRANKLIN  of 
Pennsylvania,  after  the  adoption  of  the  above 
proposition,  to  the  effect  that  no  State  of 
this  Union  has  any  constitutional  right  to 
secede  therefrom,  or  to  absolve  its  citizens 
from  their  allegiance  to  the  Government  of 
the  United  States,  was  indefinitely  postponed, 
yeas  10.  (Delaware,  Kentucky,  Maryland, 
Missouri,  New  Jersey,  North  Carolina,  Ohio, 
Rhode  Island,  Tennessee,  Virginia.)  nays  7, 
(Connecticut,  Illinois,  Indiana,  Iowa,  Maine, 
Massachusetts,  Pennsylvania.) 

Pending  the  vote  in  the  Conference  on 
these  propositions. 

Mr.  DAVID  DUDLEY  FIELD,  of  New  York, 
moved  to  substitute  for  Section  7,  a  pro 
vision  that  "  no  State  shall  withdraw  from 
the  Union  without  the  consent  of  all  the 
States,  given  in  a  Convention  of  the  States, 
convened  in  pursuance  of  an  act  passed  by 
two-thirds  of  each  house  of  Congress ;" 
which  was  rejected — yeas  10,  nays  11,  as 
follows : 

YEAS  —  Connecticut,  Illinois,  Indiana, 
Iowa,  Maine,  Massachusetts,  New  York, 
New  Hampshire,  Vermont,  Kansas — 10. 

NAYS — Delaware,  Kentucky,  Maryland, 
Missouri,  New  Jersey,  North  Carolina,  Ohio, 
Pennsylvania,  Rhode  Island,  Tennessee,  Vir 
ginia — 11. 

Mr.  BALDWIN,  of  Connecticut,  moved  a 
substitute  recommending  that  Congress  call 
a  Convention  for  proposing  amendments  to 
the  Constitution  of  the  United  States ; 
which  was  lost — ^eas  8,  nays  13,  as  follows  : 
YEAS — Connecticut,  Illinois,  Iowa,  Maine, 
Massachusetts,  New  York,  New  Hampshire, 
Vermont — 8. 

NAYS — Delaware,  Indiana,  Kentucky,  Ma 
ryland,  Missouri,  New  Jersey,  North  Caro 
lina.  Ohio,  Pennsylvania,  Rhode  Island,  Ten 
nessee,  Virginia,  Kansas — 13. 

Mr.  SEDDON'S  project — securing  in  addition 
to  the  Crittenden  proposition,  the  right  of 
transit  for  slaves  through  Free  States — ex 
cluding  from  the  elective  franchise,  or  the 
riarht  to  hold  Federal,  State.  Territorial  or 
Municipal  office,  all  persons  who  are  in  whole 
or  part  of  the  African  race — and  in  a  modi 
fied  form  recognizing  the  right  of  peaceable 
State  secession,— was  also  offered,  and  was 
lost — yeas  4,  nays  16,  as  follows : 

YEAS — Kentucky,  Missouri,  North  Caro 
lina  and  Virginia. 

NAYS — Connecticut,  Delaware,  Illinois,  In 
diana,  Maine,  Massachusetts,  Maryland,  New 
Jersey,  New  York,  New  Hampshire,  Ohio, 
Pennsylvania,  Rhode  Island,  Tennessee,  Ver 
mont,  and  Kansas — 16. 

Mr.  JAMES  B.  CLAY'S  substitute  (much  like 
Mr.  Seddonr's)  was  also  lost— yeas  5  (Ten- i 


j  nessee,  besides  those  above),  nays  14  (samo 
as  above  with  Tennessee  and  Kansas  out). 

Mr  TUCK'S  substitute,     denying  the  power 
of  Congress,  or  any  branch  of  the  Federal 
Government,  to  interfere  in  any  manner  with 
slavery  in  any  of  the  States,  and  that  either 
of  the  great  political   organizations  of  the 
j  country  contemplates  a  violation  of  the  Con- 
j  stitution,  and  recommending  a  Convention 
j  to  propose  amendments  to  the  Constitution 
;  of  the  United  States  for  the  redress  of  what- 
I  ever    grievances  exist,  was   also   rejected — 
i  yeas  9,  nays  11,  as  follows  : 

YEAS — Connecticut,  Illinois,  Indiana,  Iowa, 
1  Maine,  Massachusetts,  New  York,  New 
I  Hampshire,  Vermont — 9. 

NAYS  —  Delaware,  Kentucky,  Maryland, 
Missouri,  New  Jersey,  North  Carolina,  Ohio, 
Pennsylvania,  Rhode  Island,  Tennessee,  Vir 
ginia — 11. 

There  were  133  members  present  upon  the 
adoption  of  the  report,  repreeenting 

Maine,  Massachusetts,  New  York,  Dela 
ware,  North  Carolina,  Missouri,  New  Hamp 
shire,  Rhode  Island,  New  Jersey,  Maryland, 
Tennessee,  Ohio,  Vermont,  Connecticut, 
Pennsylvania,  Virginia,  Kentucky,  Indiana, 
Illinois,  Iowa,  Kansas. 

NOTE.— Michigan,  Wisconsin,  California,  and  Oregon,  of 
the  loyal  States,  were  not  represented  in  the  conference. 
New  York  divided  on  all  except  fifth  proposition  ;  Kansas 
on  fourth. 

These  propositions  were  offered  to  the  Sen 
ate  by  Mr.  JOHXSOX  of  Arkansas,  March  2d, 
pending  the  House  resolution  proposing  an 
amendment  of  the  Constitution,  and  they  were 
rejected— yeas  3,  nays  34,  as  follows  : 
YEAS— Messrs.  Foot,  Nicholson,  and  Pugh—3. 
NAYS — Messrs.  Anthony,  Baker,  l?t0Z«r,Bingnam,  Bright, 
Chandler,  Clark,  Crittenden.  Dixon.  Doolittle,  Douglas. 
Durkee,  Fessenden,  Foster,  Grimes,  Harlan,  Hunter,  John 
son  of  Arkansas,  Johnson  of  Tennessee,  Kennedy,  King, 
Latham,  Mason,  Morrill,  Polk,  Rice,  Sebastian,  Sunnier,  Ten 
Eyck,  Trumbull,  Wade,  Wig/all,  Wilkinson,  and  Wilson 
— 34. 

Subsequently  (March  2d)  they  were  offered 
to  the  Senate  by  Mr.  CRITTENDEN  of  Ken 
tucky,  after  the  adoption  of  the  House  con 
stitutional  amendment,  and  pending  the 
Crittenden  propositions,  and  they  were  re 
jected,  yeas  7,  nays  28,  as  follows : 

YEAS— Messrs.  Crittenden,  Douglas,  Harlan,  Johnson  of 
Tennessee,  Kennedy,  Morrill,  and  Thomson— 1. 

NAYS— Messrs.  Bayard,  Bigler,  Bingham,  Bright,  Chand 
ler,  Clark,  Dixon,  Fessenden,  Foot,  Foster,  Grimes,  Gwin, 
Hunter,  Lane,  Latham,  Mason,  Nicholson,  Polk,  Pugh,  Rice, 
Sebastian,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  WiafaXL 
Wilkinson,  and  Wilson— 28. 

March  1st,  1861.  Mr.  MCCLERXAND  moved 
to  suspend  the  rules  for  the  purpose  of  re 
ceiving  the  recommendation  of  the  Peace 
Congress,  which  was  rejected,  yeas  93,  i  avs 
67,  as  follows : 

YEAS— Messrs.  Charles  F.  Adams.  Green  Adams,  Adrain, 
Aldrich,William  C.  Anderson,  Avery,  Barr,  Barrett,  Br>cock, 
Boteler,  Brabson,  Branch,  Briggs,  Bri3tow,  Brown,  Bvrch, 
Burnett,  Campbell,  Horace  F.  Clark,  John  B.  Clark,  John 
Cochram,  Corwin,  James  Craig,  John  G.  Davis,  DeJarnette, 
Dunn,  Etheridge,  Florence,  Foster,  Fouke,  Garnett,  Gilmer, 
Hale,  Hall,  Hamilton,  J.  Morrison  Harris,  John  T.  Harris 
Haskin,  Hatton,  Hoard,  Holman,  William  Howard  Hughes 
Jenkin.^  Junkin,  W.  Kellog,  Killinger,  Kunkel,  Larrabce,  J. 
M.  Leach,  Lcake,  Lwjan,  Maclay,  Mallory,  Chas.  D.  Martin. 
Miiynard,  Mcfiernand,  McKenfy,  McKnight.  McPherson, 
Millson,  Millward,  Laban  T.  Moor<,  Moorhead,  Edward  Joy 
Morris.  Nelson,  Niblack,  Nixoa,  Olin,  PtndUten,  Peyton, 


70 


PROCEEDINGS    OF   THE   GOVERNMENT. 


Fhelps,  Porter,  Prynr,  Quarles,  John  H.  Reynolds.  Rice, 
Itift'/s,  James  C.  Robinson,  Sickles,  Simms,  Win.  \  IJ.  Smith, 
Spaulding,  Stevenson,  William  Stewart,  Stokes,  Tim  mat, 
Vance,  Webster,  WhiltUy,  Winslow,  Woodaon,  and  Wriglil 
—93. 

NATS— Messrs.  Alley,  Ashley,  Binghain,  Blair.  Brayton, 
Buffinton,  Burlingame,  Burnham,  Carey,  Case,  Cobnrn, 
Col  fax,  Conway.  Burton  Craiye,  Dawes,  Delano,  Dnell,  Ed- 
perton,  Eliot,  Ely,  Feiiton,  Ferry,  Frank,  Gooch,  Graham, 
Grow,  Gurley,  Helmick,  Hickman,  Hindman,  William  A. 
Howard,  Ilntchins,  Irvine,  Francis  W.  Kellogg,  Xenyou, 
Loomis.  Lovejoy,  McKean,  Morrill,  Morse,  Palmer,  Perry, 
Potter,  Pottle,  Christopher  Robinson,  Royce,  K  tiffin,  Seds- 
wick,  Sherman,  Somes,  Spinner,  Stanton,  Stevens,  Tappan, 
Tompkins,  Train,  Vandever,  Van  Wyck,  Wade,  Waldron, 
Walton.  Cadwalader  C.  Washburn,  Ellihu  B.  Washburne, 
Wells,  Wilson,  Windom,  and  Woodruflf— 67. 

When  the  report  was  presented  to  the  Sen 
ate  and  a  motion  made  to  fix  a  time  to  con 
sider  it, 

Mr.  THOS.  L.  CLINGMAN  of  North  Carolina, 
said  he  was  "  utterly  opposed  to  the  propo 
sition,"  but  was  willing  to  give  it  the  direc 
tion  its  friends  desired. 

Mr.  MILTOX  S.  LATHAM  of  California,  said 
he ''had  no  confidence  in  this  thing,"  but 
would  vote  for  the  motion. 

When  it  was  presented  to  the  House. 

Mr.  SAML.  H.  WOODSOX  of  Missouri,  said 
he  would  vote  to  receive  it,  but  was  against 
the  proposition. 

Mr.  BURTON  CRAIGE  of  North  Carolina,  said 
he  was  "utterly  opposed  to  any  such  wishy- 
washy  settlement  of  our  National  difficulties." 

Mr.  SHELTON  F.  LEAKE  "regarded  this 
thing  as  a  miserable  abortion,  forcibly  re 
minding  one  of  the  old  fable  of  the  moun 
tain  and  the  mouse ;  nevertheless,  he  was 
willing  to  let  the  mouse  in,  in  order  to  have 
the  pleasure  of  killing  it." 

Mr.  THOS.  C.  HINDMAN  of  Arkansas,  be 
lieved  the  report  "  to  be  unworthy  of  the  vote 
of  any  Southern  man." 

Mr.  MUSCOE  R.  H.  GARNETT  of  Virginia, 
"  intending  and  desiring  to  express  my  ab 
horrence  of  these  insidious  propositions,  con 
ceived  in  fraud  and  born  of  cowardice,  by 
giving  a  direct  vote  against  them,  yet  from 
respect  for  the  conference  which  reported 
them"  was  willing  to  receive  them. 

The  above  were  the  only  votes  taken  upon 
the  recommendation.  That  in  the  House 
was  not  a  test,  as  some  voted  to  receive  who 
were  opposed  to  the  adoption  of  the  report, 
and  probably  vice  versa. 

Senate  Committee  of  Thirteen. 

December  18th.  1860.  On  motion  of  Mr. 
POWELL,  a  Committee  of  Thirteen  were  au 
thorized  to  consider  the  condition  of  the 
country;  which  consisted  of 

Mr.  Powell,  Mr.  Seward,  Mr.  Collamer, 
Mr.  Bigler,  Mr.  Hunter,  Mr.  Toombs,  Mr. 
Davis,  Mr.  Rfce,  Mr.  Crittenden,  Mr.  Doug 
las,  Mr.  Wade,  Mi.  Doolittle,  Mr.  Grimes. 

Dec.  31st.  The  chairman  reported  that 
the  Committee  had  not  been  able  to  agree 
upon  any  general  plan  of  adjustment. 

PROCEEDINGS    OF    THE    COMMITTEE. 

Dec.  22d,  1860,  it  was  agreed  that  no 
proposition  shall  be  reported  as  adopted, 


i  unless  sustained  by  each  of  the  two  classes  • 
I  of  Senators  of , the  Committee — Senators  of 
I  the  Republican  party  to  constitute  one  class,  ( 
i  and  Senators  of  other  parties  to  constitute 
j  the  other. 

Mr.  CRITTENDEN  offered  his  amendments. 
The  first  article  was  lost — yeas  C,  nays  7: 
YEAS — Messrs.  Bigler,  Crittenden.  Doug 
las,  Hunter,  Powell,  1-ice — 6. 

NAYS — Messrs.  Colkmer.  Davis.  Doolittle, 
Grimes.  Seward,  Toombs,  Wade — 7. 

The  second  was  lest  under  the  rule — yeas 
8,  nays  5.  The  nays  were  Messrs.  Coilamer, 
Doolittle,  Grimes,  Seward,  and  Wade. 

The  third,  Fourth,  and  fifth  articles  were 
lost  by  a  similar  vote  ;  also  the  sixth,  except 
that  Mr.  Grimes  did  not  vote. 

Mr.  CRITTENDEN  then  submitted  a  Joint 
Resolution,  containing  four  propositions  : 

1.  That   the    Fugitive   Slave    law  is    in 
strict  pursuance  of  the  plain  and  mandatory 

j  provisions  of  the  Constitution,  and  has  been 
I  sanctioned  as  valid  and  constitutional  by  the 
|  judgment  of  the  Supreme  Court  of  the 
!  United  States,  that  the  slave-holding  States 

are  entitled  to  its  faithful  execution,  and 
i  laws  should  be  made  to  punish  those  who 

attempt,  by  rescue  or  other  illegal  means, 
|  to  hinder  or  defeat  its  execution. 

2.  Congress   recommends  the  repeal    of 
those  State  laws   which   conflict  with   the 
Fugitive  Slave  law  or  other  constitutional 
acts  of  Congress,  or  impede,  hinder  or  delay 
its  free  course  and  execution,  or  such  modi 
fication  of  them  as  may  prevent  their  being 
used  or  perverted  to  such  mischievous  pur 
poses. 

3.  The  Fugitive  Slave  law  should  be  so 
amended  as  to  make  the  fee  of  the  Commis 
sioner  equal,  whether  his  decision  be  for  or 
against  the  claimant,  and  the  authority  to 
call  the  posse  comitatus  to  his  aid  should  be 
limited  to  cases  of  resistance,  or  danger  of 
resistance  or  rescue. 

4.  The  laws  for  the  suppression  of  the 
African  slave  trade  should  be  made  effectual 
and  thoroughly  executed. 

The  first  was  lost  under  the  rule — yeas  8, 
j  nays  3— Messrs.  Doolittle.  Grimes  and  Wade, 
voting  nay ;  Mr.  Collamer  and  Mr.  Seward 
not  voting. 

The  second  was  lost  under  the  rule — yeas 
7,  nays  4 Messrs.  Collamer,  Doolittle,  Sew 
ard.  and  Wade,  voting  nay  ;  Mr.  Grimes  not 
voting. 

The  third  was  unanimously  agreed  to — 
yeas  13  ;  also  the  fourth. 

Mr.  DOOLITTLE  moved  that  the  laws  should 
secure  to  the  alleged  fugitive  slave,  when  he 
shall  claim  that  he  is  not  a  fugitive  slave,  a 
jury  trial  before  he  shall  be  delivered  to  the 
claimant. 

Mr.  TOOMBS  moved  to  amend  by  adding 
the  words,  "in  the  State  from  which  he  fled.'' 
Agreed  to,  yeas  7,  nays  5. 

Mr.  CRITTENDEN  moved  to  limit  this  right 
;  to  cases  "  where  he  shall  have  been  out  of 
I  the  possession  of  the  claimant  for  more  than 


PROCEEDINGS    OF    THE   GOVERNMENT. 


71 


two  years."  Lost — yeas  6,  nays  6.  Mr.  Dec.  26,  1860.  Mr.  SEWARD  moved,  That 
Toombs'  motion  was  then  lost — yeas  3  (Big-  j  under  the  4th  section  of  the  4th  article  of  the 
ler.  Critlenden.  Grimes),  nays  9.  I  Constitution,  Congress  should  pass  an  effic- 

Dec.  24th,  1860.    Mr.   SEWARD  submitted  j  lent  law  for  the  punishment  of  all  person^ 
these  Resolutions  :  j  engaged  in  the  armed  invasion  of  any  State 

1.  No  amendment  shall  be  made  to  the  i  from  another,  by  combinations  of  Individ- 
Constitution  which  will  authorize  or  give  to  ,  mils,  and  punishing  all  persons  in  complicity 
Congress  the  power  to  abolish  or  interfere,  i  therewith,   on  trial   and    conviction  in   the 
within  any  State,  with  the  domestic  institu-  j  State  or  district  where  their  acts  of  coin- 
tions  thereof,  including  that  of  persons  held  |  plicitywere  committed,  in  the  Federal  courts, 
to  labor  or  service  by  the  laws  of  said  State,  j      Mr.  TOOMBS  moved  to  add  :  "And  also  a-l 

2.  The  Fugitive  Slave  act  of  1850  shall  be  !  attempts  to  excite  insurrection  in  any  State 
so  amended  as  to  give  to  the  alleged  fugitive  I  by  the  people  of  any  other  State."     Agreed 


a  jury  trial. 


-yeas    8,    nays   5    (Collamer,    Doolittle, 


3.  The  Legislatures  of  the  several  States  j  Grimes,  Seward,  Wade), 
shall  be  respectfully  requested  to  review  all  j  Mr.  DOUGLAS  moved  to  add  :  "And  for  the 
of  their  legislation  affecting  the  right  of  per- 1  suppression  and  punishment  of  conspiracies 
sons  recently  resident  in  other  States,  and  j  or  combinations,  in  any  State  or  Territory, 
to  repeal  or  modify  all  such  acts  as  may  con- 1  with  intent  to  invade,  assail,  or  molest  the 
travene  the  provisions  of  the  Constitution  \  government,  inhabitants,  property,  or  insti- 
of  the  United  States,  or  any  laws  made  in  tations  of  any  other  State  or  Territory  of 

the  Union y     Agreed  to. 

On  the  resolution  as  amended,  the  ques 
tion  was  divided,  and  the  proposition  offered 
by  Mr.  Seward  was  agreed  to — yeas  9,  nays  3 
(Rice,  Toombs,  Wade)  ;  that  offered  by  Mr. 
Toombs  was  agreed  to ;  that  offered  by  Mr. 


pursuance  thereof. 

The  first  was  agreed  to — yeas  11,  nays  2 
(Rice  and  Toombs.) 

Mr.  TOOMBS  moved  to  add  to  the  second 
the  words,  "  in  the  State  from  which  he  fled." 
Agreed  to — yeas  7,  nays  5.  The  resolution 


Hunter.  Powell,  Rice,  Toombs. 

The  third  was  lost,  under  the  rule — yeas  7, 
nays  5. 

YEAS — Messrs.  Bigler,  Collamer,  Critten 
den.  Doolittle.  Grimes,  Seward,  Wade. 

NAYS  —  Messrs.  Davis,  Hunter,  Powdl 
Rice,  Toombs. 


as  amended  was  disagreed  to — yeas  6,  nays  7.  j  Douglas  was  lost — yeas  6,  nays  6  (Collamer, 
YEAS — Messrs.  Collamer,  Doolittle,  Doug- l  Davis,  Doolittle.  Grimes,  Sewara,  Wade). 
las.  G rimes.  Seward,  Wade.  j  The  resolution  as  amended  by  Mr.  Toombs 

XAYS — Messrs.  Bigler,  Crittenden,  Davis,  was  then  lost,  under  the  rule — yeas  7,  nays  5 

(Collamer,  Doolittle,  Grimes,  8eward,Wade). 

MR.  DAVIS  submitted  a  proposition,  that 
it  shall  be  declared,  by  amendment  of  the 
Constitution,  that  property  in  slaves,  recog 
nized  as  such  by  the  local  laws  of  any  of 
the  States  in  the  Union,  shall  stand  on  the 
same  footing  in  all  constitutional  and  federal 
relations  as  any  other  species  of  property 
so  recognized,  and  like  other  property  shall 
not  be  subject  to  be  divested  or  impaired 
by  the  local  law  of  any  other  State,  either  in 
escape  thereto  or  of  transit  or  sojourn  of  the 
owner  therein ;  and  in  no  case  whatever 
shall  such  property  be  subject  to  be  divested 
or  impaired  by  any  legislative  act  of  the 
United  States,  or  any  of  the  territories 
thereof.  This  was  lost — yeas  6,  nays  6. 

YEAS. — Messrs.  Bigler,  Davis,  Hunter, 
Powell,  Rice.  Toombs. 

NAYS. — Messrs.  Collamei,  Crittenden, 
Doolittle.  Grimes,  Seward,  Wade. 

December  28th,  1860.  Mr.  CRITTENDEN 
submitted  a  proposition  relative  to  New 


Mr.  TOOMBS'*  propositions  were  then  neg 
atived. 

*  They  were— 1st.  The  people  of  the  United  States  shall 
have  an  equal  right  to  emigrate  to,  and  settle  in,  the  pres 
ent  or  any  future  acquired  territories,  with  whatever 
property  they  may  possess  (including  slaves),  and  be 
.••ecnrely  protected  in  its  peaceable  enjoyment,  until  such 
Territory  may  be  admitted  as  a  State  in  the  Union,  with 
or  without  slavery,  as  she  may  determine,  on  an  equal 
ity  with  all  existing  States.  Lo^t  under  the  ride — yeas 
7,  nays  01  the  Republican  members). 

2.  That  property  in  slaves  shall  be  entitled  to  the  same 
protection   from  the  Government  of  the  United  States  in 
all  of  its  departments,  everywhere,  which  the  Constitu 
tion   confers  the  power   upon   it  to  extend  to  any  other 
property — this    not   to  interfere  with   the  right  of  every 
State   to  prohibit,  abolish,  or   establish,  and   protect  sla 
very  within  its  limits.     Lost  under  the  rule  by  the  same 
vote. 

3.  VTSOHS  committing  crimes  against  slave  property  in  :  A,  i  •   v1       '    i 

one  s  ,-.>  Had  fleeing  to  another,  shall  be  delivered  up  as     Mexico,  which  Was  lost — yeas  2,  (Crittenden 
other  "Ptninals,     Lost  by  the  same  vote.  j  and  Dounlas,}  nayfi  11. 

^ySVyS^J&ySSSSySSA       Mr-  B"»'™  ^.milted  a  proposition,  pro- 

the  tni  n  (uiinty  of  any  other  State.    Lost,  6  to  4.  posing  seven  amendments  to  the  Constitution. 

5.  Fugitive  slaves  not  to  have  benefit  of  writ  of  habeas          '          ----- 
corpus  or  trial  by  jury.     Lost,  7  to  5,  as  before. 

6.  Congress  to  pass  no  law  in  relation  to  slavery  in  the 
States  or  Territories  or  elsewhere,  without  the  consent  of  a 
majority  of  the  Senators  and  Representatives  of  the  slave- 
holding  States.     Amended,  on  motion  of  Mr.  HPNTER.  so 
as  to  add  :   "and  also  a  majority  of  the  Senators  and 
Representatives  of  the  non-slaveholding   States,"   and 
then  lost — yeas  5,  nays  6. 

7.  .None  of  these  provisions,  or  others  in  the  Constitu 
tion  relating  to  slavery  'except  the  African  slave  trade), 
to   be   altered  without   the   consent  of  all   the   States  i 
which    slavery  exists. 

members). 


Lost,    6  to  5   (the    Republican 


1st.  Dividing  the  territory  now  owned  by 
le  United  States  by  a  line  from  east  to 
west  on  the  parallel  of  36°  30'. 

2d.  Dividing  the  territory  south  into  four 
territories,  the  territory  north  into  eight. 

3d.  Congress  to  provide  governments 
when  the  inhabitants  become  sufficiently 
numerous,  and  when  the  bona  fide  inhab 
itants  in  any  one  shall  be  equal  to  the  ratio  of 
i  representation  in  Congress,  it  shall  be  the 


72 


PROCEEDINGS    OF    THE    GOVERNMENT 


duty  of  the  President,  by  proclamation,  to 
announce  the  admission  of  such  State  into 
the  Union. 

4th.  In  territory  south,  involuntary  ser 
vitude,  as  it  now  exists  in  the  States  south 
of  Mason  and  Dixon's  line,  shall  be  recog 
nized  and  protected  by  all  the  departments 
of  the  Territorial  Governments ;  and  in  all 
territories  north,  involuntary  servitude  ex 
cept  as  a  punishment  of  crime  shall  be  pro 
hibited. 

5th.    Congress  shall  be  denied  power   to 
abolish  slavery  in  places  now  under  its  juris- ! 
diction  within  slave  States   and  the  District  j 
of  Columbia,  while    slavery  may   exist   in 
Virginia  or  Maryland. 

6th.  Non-slaveholding  States  shall  provide 
efficient  laws  for   the  delivery  of  fugitives  j 
from   labor  to  the   persons  to  whom    such 
service  or  labor  may  be  due. 

7th.  Neither  these  amendments  nor  the 
third  paragraph  of  the  second  section  of  the 
first  article  of  the  Constitution,  nor  the 
third  paragraph  of  the  second  section  of 
the  fourth  article  of  the  Constitution,  shall 
be  liable  to  further  amendment. 

This  proposition  was  determined  in  the 
negative  without  a  division. 

Mr.  DOUGLAS'S  propositions  were  then 
considered.  They  were : 

1st.  Congress  shall  make  no  law  in  re 
gard  to  slavery  or  servitude  in  the  terri 
tories,  but  the  status  of  such  territory  in 
this  respect  to  remain  as  at  present ;  and 
that  every  territory  might  form  a  Constitu 
tion  when  its  population  should  be  fifty 
thousand,  and  exercise  all  the  rights  of  self- 
government  ;  and  that  such  State  should  be 
admitted  into  the  Union  on  an  equal  footing 
with  the  original  States,  with  or  without 
slavery,  as  its  Constitution  should  provide, 
when  such  State  should  contain  a  popu 
lation  to  entitle  it  to  a  representation,  accord 
ing  to  the  federal  ratio  of  representation. 

2d.  No  more  territory  to  be  acquired  ex 
cept  on  a  vote  of  two-thirds  of  both  branches 
of  Congress,  and  the  status  thereof  as  to 
servitude  to  remain  as  at  the  time  of  its 
acquisition,  until  altered  by  the  people  in 
framing  a  Constitution  as  aforesaid. 

3d.  Area  of  future  States  to  contain  not 
less  than  60,000,  nor  more  than  80,000  square 
miles. 

4th.  Extending  provisions  of  the  fugitive 
slave  law  to  the  new  States  and  Territories. 

5th.  Extending  the  judicial  power  of  the 
United  States  to  the  new  States  and  Terri 
tories. 

6th!  Forbidding  the  exercise  of  the  elec 
tive  franchise^  to  persons  of  the  African 
race,  in  whole  or  in  part. 

7th.  Giving  power  to  Congress  to  acquire 
territory  in  Africa  or  South  America  for 
colonization  of  free  blacks. 

8th.  Prohibiting  Congress  from  abolishing 
slavery  in  any  places  in  any  slave  State 
without  the  consent  of  such  State. 

9th.  Prohibiting  Congress  from  abolish 


ing  slavery  in  the  District  of  Columbia 
without  the  consent  of  Maryland,  or  pre 
venting  persons  having  business  in  the  Dis 
trict  from  bringing  their  slaves  with  them 
and  taking  them  away  again. 

10th.  Prohibits  Congress  from  interfering 
with  the  inter-State  slave-trade. 

llth.  Provides  a  payment  in  cash  for  any 
fugitive  slave  who  cannot  be  arrested  by 
the  marshal  through  fear  of  mob  violence, 
etc. 

12th.  Provides  that  these  amendments 
and  the  third  paragraph  of  the  second  sec 
tion  of  the  first  article,  and  the  third  para 
graph  of  the  second  section  of  the  fourth 
article  of  the  Constitution,  shall  never  be 
amended,  and  prohibits  any  amendment 
authorizing  Congress  ever  to  abolish  slavery 
in  the  States. 

Mr.  DOUGLAS'S  propositions  were  negatived. 
The  vote  on  the^rs^was,  yeas  2  (Crittenden 
and  Douglas,)  nays  11.  On  the  second. 
yeas  1,  nays  10.  On  the  third,  yeas  2.  nays 
11.  On  the  fourth,  lost  under  the  ride,  yeas 
8,  nays  5  (the  Republican  members).  The 
fifth  was  lost,  nem  con.  The  sixth,  lost  under 
the  rule,  yeas  8,  nays  5  (the  Republican  mem 
bers).  The  seventh  was  adopted,  yeas  Id. 
nays  3  (Davis,  Hunter,  Toombs).  The  eighth 
and  ninth  were  lost,  nem  con.  The  tenth  was 
amended,  and  negatived  under  the  ride,  yeas 
8,  nays  5  (the  Republican  members).  The 
eleventh  and  twelfth  were  negatived,  nem  con. 

Mr.  RICE  offered  a  proposition  to  settle  tho 
territorial  question  by  admitting  at  once  into 
the  Union  as  a  State  all  the  territory  lyins 
north  of  36°  30'  to  be  called  the  State  of 
Washington,  and  all  the  territory  lying 
south  of  36°  30'  to  be  called  the  State  of 
Jefferson ;  and  in  each  case,  whenever  any  por 
tion  of  said  States  shall  contain,  within  an 
area  of  not  less  than  60,000  square  miles. 
130,000  inhabitants,  a  new  State  may  be 
formed — all  acts  organizing  territorial  gov 
ernments  to  be  repealed,  and  Congress  to 
appropriate  money  to  pay  the  expenses  of 
the  convention  to  form  constitutions. 

Mr.  SEWARD  moved  to  amend  by  adding  : 
"  except  so  much  of  the  Territory  of  Kansas 
as  is  contained  in  the  proposed  boundary 
of  the  Wyandot  Constitution.1'  Lost — yeas 
6.  nays  6,  Douglas  voting  aye  with  the  Re 
publican  members. 

Mr.  RICE'S  resolution  was  lost — yeas  3 
(Bigler,  Davis.  Rice],  nays  10  (Collamer, 
Crittenden,  Doolittle,  Douglas.  Grimes,  Hun 
ter,  Powell,  Seward,  Toombs.  Wade). 

On  motion  of  Mr.  TOOMBS,  the  committee 
then  agreed  to  report  to  the  Senate,  with 
their  journal,  the  fact  that  they  had  not 
been  able  to  agree  upon  any  general  plan  of 
adjustment.  

Other  Propositions  of  Adjustment. 

Other  propositions  were  made,  which  do 
not  appear  to  have  been  voted  on  in  either 
House,  or  a  committee  of  either  : 

Mr.  JOSEPH  LANE,  Senator  from  Oregon. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


73 


offered  a  preamble  and  resolutions  reciting 
the  irreconcilable  differences  which  had 
arisen  between  the  North  and  South  on  the 
question  of  slavery  in  the  Territories,  and  the 
measures  that  had  been  from  time  to  time 
adopted  to  settle  the  difficulties;  that  the 
Southern  States  had  resolved  to  dissolve  the 
Union  rather  than  submit  to  the  principles 
embodied  in  the  Chicago  platform,  and  that 
the  mode  of  amendment  to  the  Constitution 
prescribed  by  that  instrument  itself  was  in 
adequate  to  the  emergency.  Arid  he  pro 
posed  to  the  several  States  to  send  delegates 
to  a  general  convention  to  devise  anew  form 
of  government  and  requesting  the  delegates 
of  the  Southern  States  to  first  meet  in  con 
vention,  being  the  aggrieved  party,  to  confer 
and  submit  their  conclusions  to  the  dele 
gates  from  the  Northern  States,  and  declar 
ing  it  contrary  and  abhorrent  to  the  religion 
arid  civilization  of  the  age  to  prevent  by  force 
any  State  from  taking  such  course  as  her 
.-t'f'ety  and  prosperity  might  require. 

Mr.  ANDREW  JOHNSON,  Senator  from  Ten 
nessee,  submitted  a  joint  resolution  propos 
ing  amendments  to  the  Constitution  in  sub 
stance  as  follows : 

1st.  To  apportion  each  State  into  as  many 
districts  as  should  be  equal  in  number  to  the 
whole  number  of  Senators  and  Representa 
tives  in  Congress  to  which  such  State  should 
be  entitled,  and  that  in  every  such  district 
the  persons  receiving  the  highest  number  of 
votes  for  President  and  Vice  President 
should  be  holden  to  have  received  one  vote; 
that  the  persons  receiving  the  vote  of  a  ma 
jority  of  the  districts,  provided  it  should  be  a 
majority  of  the  whole  number  of  votes  given, 
should  be  President  and  Vice  President,  but 
that  if  no  person  had  received  a  majority  of  the 
whole  number  of  votes  as  aforesaid,  then  a 
second  election  should  be  held  between  the 
two  persons  having  the  highest  number  of 
votes  at  the  first  election,  and  providing 
further  for  the  election  of  a  President  from 
the  free  States  and  Vice  President  from  a 
slave  State,  and  vice  versa,  every  four  years. 

2d.  Providing  for  an  election  of  United 
States  Senators  by  the  people  instead  of  by 
the  State  Legislatures. 

3d.  Limiting  the  tenure  of  office  of  the 
Judges  of  the  Supreme  Court  of  the  United 
States  to  twelve  years,  and  providing  for  an 
election  of  one-third  of  said  Judges  every 
fourth  year. 

Mr.  JOHNSON  also  offered  a  resolution  in 
structing  the  Committee  of  Thirteen  to  in 
quire  into  the  expediency  of  amending  the 
Constitution,  so  as  to  establish  a  division 
Mne  in  the  Territories ;  to  repeal  the  legisla 
tion  of  Congress  relative  to  the  return  of 
fugitive  slaves,  and  require  each  State  to  re 
turn  them  or  pay  their  cash  value  to  the 
owner;  allowing  the  question  of  slavery  in 
dock-yards,  arsenals,  etc.,  to  be  regulated  by 
the  States  in  which  such  places  were  located ; 
restricting  Congress  from  abolishing  slavery  • 
in  the  District  of  Columbia  without  the  con 


sent  of  Maryland,  and  making  compensation 
to  the  owners  :  and  also  from  interfering  with 
the  three-fifths  representation  of  slaves  or  the 
inter-State  trade ;  and  declaring  that  these 
amendments  should  never  be  amended. 


THE    BORDER    STATES    PROPOSITION. 

At  a  meeting  of  Senators  and  Represen 
tatives  from  the  fourteen  border  free  and 
slave  States,  at  which  about  seventy-five 
gentlemen  were  present,  Mr.  CRITTENDEX 
acting  as  President,  and  Messrs.  COLFAX  and 
BARRETT  as  Secretaries,  the  following  propo 
sitions  \vere  submitted : 

By  Mr.  BARRETT  of  Missouri.  Eleven 
amendments  to  the  Constitution  on  the 
slavery  question. 

By  Mr.  PRYOR  of  Virginia.  That  an  at 
tempt  to  preserve  the  Union  between  the 
States  of  this  Confederacy  by  force  would  be 
equally  unconstitutional,  impolitic,  and  des 
tructive  of  Republican  liberty. 

By  Mr.  VALLANDIGHAM.  The  Crittenden 
resolutions. 

By  Mr.  COLFAX.  That  the  laws  of  the 
Union  should  be  enforced  and  the  Union  of 
the  States  maintained;  and  that  it  is  the 
duty  of  the  Executive  to  protect  the  prop 
erty  of  the  United  States  with  all  the  power 
placed  in  his  hands  by  the  Constitution. 

By  Mr.  MORRIS  of  Illinois.  That  in  the 
maturing  any  plan  for  adjusting  the  existing 
difficulties  of  the  country  we  will  keep  steadily 
in  view  the  preservation  of  the  Union  under 
the  Constitution  as  a  paramount  considera 
tion. 

All  of  the  above  propositions  after  some 
discussion  were  referred  to  a  committee  con 
sisting  of  Messrs.  CRITTEXDEN  of  Kentucky, 
HARRIS  of  Maryland,  SHERMAN  of  Ohio, 
NIXON  of  New  Jersey,  SAULSBURY  of  Dela 
ware,  GILMER  of  North  Carolina,  HATTON  of 
Tennessee,  PETTIT  of  Indiana,  HARRIS  of 
Virginia,  MCCLERNAND  of  Illinois,  BARRETT 
of  Missouri,  SEBASTIAN  of  Arkansas,  VANDE- 
VER  of  Iowa,  and  HALE  of  Pennsylvania. 

The  committee  after  consultation  adopted 
the  following  propositions : 

Recommending  a  repeal  of  all  personal 
liberty  bills. 

An  efficient  amending  of  the  fugitive  slave 
law,  preventing  kidnapping,  equalizing  com 
missioners'  fees,  etc. 

Amending  the  Constitution  so  as  to  pro 
hibit  interference  by  Congress  with  slavery 
in  the  States,  or  abolishing  it  in  any  places 
within  its  jurisdiction  without  the  consent 
of  the  State  in  which  such  places  are  located. 

Or  with  the  inter-State  slave  trade. 

Perpetual  prohibition  of  the  African  slave 
trade. 

Division  of  territory  into  free  and  slave 
on  the  line  of  36°  30',  prohibiting  Congress 
or  the  Territorial  Legislature  from  abolish 
ing  or  interfering  with  slavery  south  of  that 
line,  and  providing  for  admission  of  new 
States  with  population  sufficient  for  one 


PROCEEDINGS    OF   THE    GOVERNMENT. 


member  of  Congress  and  60,000  square  miles 
of  area. 

OTHER     PROPOSITIONS. 

Proposition  to  the  Hon.  JAMES  HUMPHREY, 
member  of  the  Committee  of  Thirty-three 
from  the  State  of  New  York,  signed  by  JOHN 
COCHBANK,  WILLIAM  B.  MACLAV,  DANIEL  E. 
SICKLES,  GEORGE  BRIGGS,  THOMAS  J.  BARR. 
and  HORACE  F.  CLARK,  members  of  Congress 
from  said  State : 

1st.  Recommending  the  territorial  line  of 
36°  30'. 

2d.  Non-interference  of  Congress  with 
slavery  in  any  places  within  the  jurisdiction 
of  Congress  without  the  consent  of  the  States 
in  which  such  places  are  located. 

3d.  Change  in  the  mode  of  electing  Presi 
dent,  by  the  adoption  of  the  single  electoral 
district  system  for  the  election  of  Presiden 
tial  electors,  with  two  electors  at  large  for 
each  State;  with  provision  for  a  second  elec 
tion  between  the  two  highest  candidates  in 
case  no  one  had  received  a  majority  on  the 
first  vote. 

4th.  Limiting  the  eligibility  to  the  Presi 
dency  to  one  term,  and  recommending  a 
change  in  the  fugitive  slave  law  so  as  to 
provide  for  the  delivery  of  the  fugitive,  not 
to  his  master,  but  to  the  marshal  of  the  dis 
trict  in  which  the  claimant  resided,  there  to 
be  tried  as  to  the  right  of  ownership ;  and  in 
case  of  unlawful  rescue,  etc.,  his  value  to  be 
paid  by  the  State  or  county  in  which  such 
rescue  occurred. 

A  "  distinguished  gentleman  of  Kentucky" 
proposed  to  so  amend  the  Constitution  as  to 
restrain  Congress  from  passing  any  law  to 
interfere  with  slavery  in  territory  south 
of  36°  30',  or  to  interfere  with  the  inter- 
State  slave  trade,  or  to  abolish  slavery  in 
places  belonging  to  the  General  Government 
within  the  limits  of  a  slave  State,  or  to  per 
mit  the  reopening  of  the  slave  trade,  or  to 
interfere  with  slavery  in  the  States  by  un 
equal  taxation  or  otherwise,  but  authorizing 
Congress  to  regulate  the  transit  of  slaves 
through  free  States,  and  to  authorize  the 
recapture  of  slaves  escaping  in  such  transit, 
and  to  give  compensation  to  the  owner  of 
the  slave  in  case  of  violent  rescue,  etc., 
making  it  compulsory  to  admit  new  States 
with  slave  constitutions,  and  to  prevent  and 
punish  unlawful  invasions  of  any  State 
with  a  design  to  excite  slave  insurrections. 

Mr.  A.  H.  H.  STUART  offered  a  series  of 
resolutions  in  the  Senate  of  Virginia  to  the 
effect  .that  the  slaveholding  States  should  be 
created  trustees  of  the  territory  south  of 
36°  30',  and  tke  free  States  trastees  of  the 
territory  north  of  that  line,  with  the  right 
to  regulate  the  question  of  slavery  in  either 
case  respectively. 

The  National  Intelligencer  of  January 
12th,  1861,  proposed  a  plan  of  compromise 
by  amendments  to  the  Constitution  and 
Congressional  legislation  substantially  as  fol 
lows  : 


To  prohibit  Congress  from  interfering  with 
slavery  in  the  States,  in  places  under  Fed 
eral  jurisdiction  within  the  limits  of  a  slave 
State,  or  in  the  District  of  Columbia,  or  with 
the  inter-State  slave  trade,  or  to  reopen  the 
slave  trade ;  from  acquiring  any  additional 
territory  except  by  a  concurrent  vote  of 
two-thirds  of  both  Houses  of  Congress,  or 
by  treaty  ratified  by  two-thirds  of  the  Senate, 
arid  to  adopt  the  single  electoral  district 
system,  with  two  electors  at  large  for  each 
State. 

Also,  to  so  amend  the  fugitive  slave  law 
as  to  give  the  same  compensation  to  the 
Commissioner  whether  the  slave  was  given 
up  or  not,  and  making  the  State  liable  for 
all  extraordinary  expenses  attending  the 
capture  of  fugitive  slaves,  and  for  compensa 
tion  to  the  owner  in  case  of  violent  rescue, 
etc.  To  admit  all  the  territory  north  of  36° 
30'  at  once  into  the  Union  as  a  State  to  be 
called  ''Washington,"  and  all  south  of  that 
line  as  a  State  to  be  called  "  Jefferson,"  with 
provision  for  the  sub-division  of  said  States 
into  two  or  more  States. 

Governor  LETOHKR.  of  Virginia,  in  his 
message  to  the  Legislature,  proposed  in  sub 
stance  the  following  plan  :  To  appoint  Com 
missioners  to  visit  each  Northern  State  that 
had  passed  personal  liberty  bills  and  urge 
their  repeal,  guarantee  slavery  in  the  Dis 
trict  of  Columbia,  equal  rights  in  the  Terri 
tories,  free  transit  for  slave  property,  and 
the  inter-State  slave  trade,  punishment  of 
persons  aiding  in  any  way  in  inciting  slave 
insurrections,  and  deprive  the  General  Gov 
ernment  of  the  power  to  appoint  to  office  in 
slave  States  persons  hostile  to  the  institu 
tion  of  slavery.  He  also  declared  strongly 
against  the  right  of  coercion,  and  that  the 
passage  of  Federal  troops  across  Virginia 
for  such  purpose  would  be  repelled,  and  ex 
pressed  his  willingness  that  New  England 
and  Western  New  York  should  be  sloughed 
off  and  permitted  to  ally  themselves  with 
Canada. 

The  Albany  Evening  Journal  proposed 
the  following  as  a  basis  of  settlement: 

1.  The  passage  of  an  efficient  but  not  re 
volting  fugitive  slave  law. 

2.  The  repeal  of  personal  liberty  laws. 

3.  Non-intervention    by    Congress    with 
slavery  in  the  Territories. 

4.  The  admission  of  Territories  as  States 
with  or  without  slavery,  as  they  may  decide, 
whenever  they  have  a  population   entitling 
them  to  a  Representative  in  Congress. 

f).  Or  if  the  two  last  propositions  are  in 
admissible,  then  the  restoration  of  the  Mis 
souri  compromise  line. 

Hon.  JOSEPH  W.  TAYLOR  of  Alabama 
proposed  the  following : 

1st.  That  every  Southern*State  should 
meet  in  Convention  and  adopt  a  platform 
expressive  of  their  views  and  wishes  in  the 
present  crisis,  and  then  that  they  should  all 
meet  in  a  Southern  Convention  and  adopt  a 
platform  setting  forth  all  that  they  had  to 


PROCEEDINGS    OF    THE    GOVERNMENT. 


75 


demand,  with  a  request  that  the  people  of  ;  its  ready  and  faithful  observance  the  duty  of 
the  Northern  States  should  meet  in  a  simi-  j  all  good  and  law-abiding  citizens, — 
lar  Convention  to  consider  said  demands.  'll?esolved.  That  we  deprecate  the  spirit  of 

The  New  York  Sun  published  as  its  plan  j  disobedience  to  the  Constitution,  wh< 


of  settlement: 


manifested,  and  we  earnestly  recommend  the 


1st.  The  prompt  excision  by  amendment  repeal  of  all  statutes,  including  personal  lib- 
of  the  Constitution,  of  any  State  which  shall  |  erty  bills,  so  called,  enacted  by  State  Legis- 
within  the  next  ten  years,  elect  by  vote  of  latures,  which  are  in  conflict  with  and  in 

violation  of  that  sacred  instrument,  and  of 
the  laws  of  Congress  made  in  pursuance 
thereof." 

Which  was  agreed  to — yea^   154,  nays  14, 


two-thirds  of  her  inhabitants  to  secede  from 
the  Union. 

2d.  The  adoption  of    State  and  Federal 
laws   for  the  indemnification  of  owners  of 
slaves  who  should  be  rescued  by  force  or  I  as 
otherwise  unlawfully. 


In  an  article  in  the  Baltimore  Exchange 
of  January  7th.  1861,  it  was  proposed  as  a 
settlement  of  the  territorial  question,  to 
admit  New  Mexico  and  Arizona  as  a  State, 
and  then  amend  the  Constitution  so  as  to 
absolutely  prohibit  the  acquisition  in  the 
future  of  any  additional  territory  whatever, , 
the  author  strongly  alleging  that  Republican 
Governments  had  more  to  fear  from  the  ex 
pansion  of  territory  than  from  any  other 
cause  whatever. 

BY  A  DISTINGUISHED  CITIZEN    OF  NORTH  CARO-  j 
LIN  A. 

An   amendment   of  the   Constitution  in 
regard  to  the  election  of  a  President  and 
Vice  President,  providing  for  a  vote  of  ihe  i 
people  throughout  each  State  directly  for  ' 


YEAS — Messrs.  Adams  of  Ky.,  Adrain,  Aldrich,  Alien, 
Anderson  of  Missouri,  Anderson  of  Ky.,  Ashley,  Awry, 


President  and  Vice  President ;  then  ascer- 1  son,  Wright— 15 
tain  the  number  to  which  the  popular  vote  ' 
ought  to  be  increased  by  reason  of  the  slave 
population,  and  let  that  be  divided  pro  rata 
between  the  several  sets  of  electors  accord 
ing  to  their  respective  strength,  then  let  the 
majority   of  each   set   of  electors   cast  the 


Babbitt,  Burr,  Barrett,  Beale,  Bingham,  Blair,  Blake, 
Bococlc,  Boteler,  Bouligny,  Branch,  Brayton,  Briggs,  Brown, 
Buffinton,  Burlingame,  Burnett,  Lnrnham,  Buttcriield, 
Campbell  Carter,  Case,  Horace  F.  Clark,  Clark  of  Missouri, 
Colb,  John  Cochrane,  Coli'ax,  Conkling,  Covode,  Cox,  Craiy 
of  Missouri,  Cruise  of  North  Carolina,  Crawford,  Davis  of 
Indiana,  Dawcs,  DeJarnette,  Delano,  Duell,Dunn,  Edmund- 
son,  Ely,  English,  Etheridge,  Farnsworth,  Fenton,  Florence,, 
Foukc,  Frank,  Gamett,  Gilmer,  Gooch,  Graham,  Grow, 
Hale,  Hall,  llardcman,  Harris  of  Md.,  Harris  of  Va., 
Hatton,  Ilolmick,  Hill,  Hindman,  Tlolman,  Houston,  How 
ard  of  Ohio,  lluglics,  Humphrey,  Irvine,  Jenkins,  Jones,. 
Junkin,  Kellogg  of  Michigan,  Keriyon,  Kilgore,  Killinger, 
Landrum,  Larrabee,  Leach  of  N.  Carolina,  Leo.ke,  Lee,  Lo 
gan.  Lougm  cker,  Loomis,  Loveioy,  Maday,  Mallory.  Martin 
of  Ohio,  M.'.rtinoi  Va.,  Maynard,  McClernand,  McKeau, 
McKc.nty,  McKnight,  McPherson,  Millward,  Montgomery, 
Moore  of  Ky.,  Moorhead,  Morris  of  Peun'a,  Morris  of  111., 
NVtlacIc,  Nixon,  Nodi,  Olin,  Palmer,  Pendleton,  Pettit, 
Peyton,  Porter,  Pottle,  Pry  or,  Quurles,  Iteugj.n,  J.  II.  Rey 
nolds,  Rice,  RiQijs,  Robinson,  Royce,  Euffin,  Scott.  Scran- 
ton,  Sherman,  Sickles,  Simms,  Smith  of  N.  C..  Spaulding, 
Stanton,  S?c_renson,  Stewart  of  Pa.,  Stokes,  ihuyer,  T/iomas, 
',  Vance,  Verree,  Wade,  Waldron, 
.,  Webster,  Wilson,  Wood,  Wood- 


popular  vote  for  President  arid  Vice  Presi 
dent  of  their  choice. 

A   writer   in  the   National   Intelligencer 


,  Carey,  Edwards,  Eliot,  Hutchins, 
ter,  E.  R.  Reynolds,  Sedgwick.  Spinner.  Tappan,  Vande- 
.  Washburn  of  Wisconsin,  Washburn  of  Maine,  Wells — 14. 

The  preamble  was  agreed  to — yeas  156, 
nays  none. 

ON    THE    UNION. 

Mr.  MORRIS,  of  lUinois,  offered  the  follow- 


ing: 

''Resolved,  frc.,  That  we  properly  estimate 
the  immense  value  of  our  National  Union  to 


proposed  the  following  :  That  Congress,  by  >  our  collective  and  individual  happiness ;  that 
joint  resolution,  should  declare  that  the  per-  we  cherish  a  cordial,  habitual,  and  immova- 
sonal  liberty  bills  are  unconstitutional,  and  ble  attachment  to  it ;  that  we  will  speak  of 
the  States  should  repeal  them;  that  Congress  it  as  of  the  palladium  of  our  political  safety 
should  not  interfere  with  slavery  in  the  and  prosperity  ;  that  we  will  watch  its  pre- 
States  ;  that  no  more  territory  should  be  j  servation  with  jealous  anxiety ;  that  we  will 
acquired  except  by  consent  of  three-fourths  discountenance  whatever  may  suggest  even 
of  the  States,  and  that  the  Dred  Scott  deci-  a  suspicion  that  it  can  in  any  event  be  aban- 
sion  should  govern  all  our  present  territory,  j  doned,  and  indignantly  frown  down  the  first 

In  a  letter  published  in  the  New  York  \  dawning  of  every  attempt  to  alienate  any 
Herald,  purporting  to  have  been  written  at  j  portion  of  our  country  from  the  rest,  or  en- 
Lexington,  Kentucky,  it  was  asserted  that  |  feeble  the  sacred  ties  which  now  link  to- 
JOHN  C.  BRECKINRIDGE  was  in  favor  of  the  I  gether  the  various  parts;  that  we  regard  it 
Crittenden  Compromise,  and  that  the  Grit- 1  as  a  main  pillar  of  the  edifice  of  our  real 
tenden  amendment  had  actually  been  drawn  ;  independence,  the  support  of  our  tranquillity 
up  by  Mr.  Breckinridge  and  a  Mr.  M.  C.  i  at  home,  our  peace  abroad,  our  safety,  our 
Johnson  of  Lexington,  prior  to  Mr.  Breck- !  prosperity,  and  that  very  liberty  which  we 
inridge's  departure  for  Washington.  so  highly  prize ;  that  we  have  seen  nothing 

in  the  past,  nor  do  we  see  any  thing  in  the 
\  present,  either  in  the  election  of  Mr.  Lincoln 
!  to  the  Presidency  of  the  United  States,  or 
,  „  ..  •  from  any  other  existing  cause,  to  justify  its 

December  17,  I860.  Mr.  ADRAIN,  of  New  ,  dissolution ;  that  we  regard  its  perpetuity  as 
Jersey,  offered  the  following  :  i  of  more  va]ue  than  ^  iempJiry  triumph 

"  VVhereas  the  Constitution  of  the  United  ;  of  any  party  or  any  man;  that  whatever 
States  is  the  supreme  law  of  the  land,  and  I  evils  or  abuses  exist  under  it  ou^ht  to  be 


Miscellaneous  Resolutions. 

ON     UNCONSTITUTIONAL     STATE     LAWS. 


76 


PROCEEDINGS    OF    THE    GOVERNMENT. 


corrected  within   the  Union,  in  a  peaceful 
and  Constitutional  way  ;  that  we  helieve  that  | 
it  has  sufficient  power  to  redress  every  wrong  i 
and  enforce  every  right  growing  out  of  its  ' 
organization    or    pertaining   to    its    proper 
functions  ;  and  that  it  is  a  patriotic  duty  to 
stand  by  it,  as  our  hope  in  peace  and  our  de 
fence  in  war." 

Which  was  agreed  to — yeas  115,  nays  44, 
as  follows : 

YEAS — Messrs.  Adams  of  Kentucky,  Adrain,  Aldrich, 
Alien,  Alley,  Anderson  of  Kentucky,  Ashley,  Babbitt, 
Beale,  Bingham,  Blair,  Blake,  Brayton,  Brings,  Buffinton, 
Burlingame,  Burnham,  Butterfield,  Campbell,  Carey,  Car 
ter,  Case,  Colfax,  Conkling,  Covode,  Cox,  Davis  of  Indiana, 
Dawes,  Delano,  Duell,  Dunn,  Edgerton,  Edwards,  Eliot, 
Ely, English,  Etheridge,  Farnsworth,  Fenton,  Foster,  Frank, 
French,  Gooch,  Graham,  Grow,  Hale,  Hall,  Harris  of  Md., 
Helmick,  Hickman,  Hoard,  Hoi  man,  Howard  of  Ohio, 
Humphrey,  Hutchins,  Irvine,  Junkin,  Kellogg  of  Mich  ,  Ken- 
yon,  Kilgore,  Killiuger.Leach  of  Mich.,Lee,  Logan,  Longneck- 
er,  Loomis,  Lovejoy.  Martin  of  Ohio,  McClernand,  Mclvean, 
McKenty,  McKnight,'  McPherson,  Montgomery,  Moorhead, 
Morris  of  Pa.,  Morris  of  Illinois,  Niblack.  Nixon,  Olin, 
Palmer,  Perry,  Pettit,  Porter,  Potter,  Pottle,  E.  R.  Reynolds, 
J.  H.  Reynolds,  Rice,  Riggs.  Robinson  of  111.,  Royc  ),  Scranton, 
Sedgwick,  Sherman,  Spaulding.  Spinner,  Stanton,  Stewart 
of  Pa.,  Stokes,  Tappan,  Thayer,  Tompkins,  Train,  Trimble, 
Yandever,  Verree,  Wade,  Waldron,  Walton,  Washburne  of 
111.,  Washburn  of  Maine,  Wells,  Wilson,  Wood— 115. 

NATS — Messrs.  Anderson,  of  Missouri,  Avtry,  Barksdale, 
Bouligny,  Branch,  Burnett,  Clark  of  Missouri,  Clapton, 
Cobb,  Crawford,  Curry,  De  Jarnette,  Edmundson,  Florence, 
Garnett,  Gartrell,  JJardeman,  Hill,  Ilindman,  Hughes.  Jack 
son,  Jenkins,  Jones,  Landrtim,  Leach  of  N.  C.,  Leake,  Martin 
of  Virginia,  Moore  of  Alabama,  Nodi,  Pryor,  Quarles,  Rea 
gan,  Ruffin,  Scott,  Sickles,  Singleton,  Smith  of  Va.,  Stall- 
worth,  Stevenson,  Thomas,  Underwood,  Vance,  Webster, 
Wright— 41. 

THE    CONSTITUTION    AND    SLAVERY. 

Mr.  CRAWFORD,  of  Georgia,  offered  the  fol 
lowing  : 

"Resolved,  That  the  Constitution  of  the 
United  States  recognizes  property  in  slaves. 
That  the  Congress  of  the  United  States  has 
passed  laws  to  aid  slaveholders  in  recaptur 
ing  their  slaves  whenever  they  escape  and 
make  their  way  into  the  free  States.  That ! 
the  Supreme  Court  of  the  United  States 
have  decided  that  negroes  were  not  included 
either  in  the  Declaration  of  Independence  or 
in  the  Constitution  of  the  United  States  ex 
cept  as  slaves ;  and  that  they  cannot  become 
citizens  of  the  United  States.  And  we,  the 
members  of  this  House,  hereby  sustain  and 
will  support  this  construction  of  the  Con 
stitution,  the  laws,  and  said  decisions  of  the 
Supreme  Court." 

Dec.  18th.  Mr.  SHERMAN  moved  to  lay  the 
resolution  on  the  table,  which  was  rejected 
— yeas  89,  nays  92.     Subsequently  a  motion 
was  made  to  reconsider  this  vote,  and  the  I 
House  refusing — yeas  87,  nays   91 — to  lay  ! 
the  motion  to  reconsider  on  the  table,  the  ! 
motion  of  Mr.  Sherman  to  lay  the  resolution  : 
on  the  table  was  agreed  to — yeas  88.  nays  81,  j 
as  follows  : 

YEAS— Messrs.     Aldrich,    Alkn,    Alley,  Babbitt,   Beale,  1 
Bingham,  Blair,    BMke,  Brayton,  Buffinton,    Burlingame, 
Butterfleld,  Carey,  Carter,  Case,  Colfax,  Conkliug,  Covode,  | 
Curtis,  Dawes,  Delano,  Duell,  Kdgerton,  IMwavls,  Kliot,  Ely,  j 
Farnsworth,  Fenton,  Foster,  Frank,  Gooch,  Graham,  Grow,  ( 
Gurley,   Hale,  Hall,  Helmick,  Hickman,  Hoard,  Hutchins, 
Irvine,     Junkin,    Francis  W.  Kellogg,    Kenyon,    Kilgore, 
Killinger,  Do  Witt  C.  Leach,   Lee,    Longnecker,    Loomis, 
Lovejoy,  McKmn,  McKnight,  McPherson,  Millward,  Moor- 
head,    Edward  Joy  Morris,   Morse,   Perry,    Pettit,   Porter, 
Pottle,  Edwin  R.  Reynolds,  John  H.  Reynolds,  Rice,  Royce, 
•Sedgvr/ek,  Sherman,  Spaulding,   Spinner,  Stautou,  William 


Stewart,  Tappan,  Theaker,  Tompkins,  Train,  Trimble,  V»n- 
dever,  Verree,  Wade,  Waldron,  Walton,  Cadwalader  C. 
Washburn,  Ellihu  B.  Washburno,  Israel  Washburn.  Wells, 
Wilson,  Wood— 88. 

NATS — Messrs.  Green  Adams,  Adrain,  Th'imat  L.  Ander 
son,  Ashley,  Barksdale,  Barrett,  Bocock,  Boteler,  _Boyv, 
Briggs,  Brown,  Burnett,  Horace  F.  dark,  John  B.  Clark, 
CUment,  Clopton,  Cobb,  John  Cochrane,  Cor,  James  Craig, 
Burton  Craige,  Crawford,  Curry,  John  G.  Davis,  De  Jarnette, 
Edmundton,  English,  Florence,  Fouke,  Gartrdl,  Gilmer. 
Hdrdeman,  J.  Morrison  Harris,  John  T.  Harris,  Hatton.  Hill) 
Hindman,  Holman,  Husjhes,  Jackson,  Jones,  Kunkel,  Ltm<l- 
rum,  Larrabee,  Jas.  M.  Leach,  Leake,  Logan,  Maclay 
Mallory,  Elbert  S.  Martin,  McClernand,  McKenty,  Mont 
gomery.  Laban  T.  Moore,  SydenJiam  Moore,  Isaac  N.  M</rrix, 
Niblack,  Noell,  Pendleton,  Peyton,  I*ryor,  I*ugh.  Quarlen, 
Reagan,  Riggs,  Scott,  Sickles,  Simms,  Singleton,  Wm.  Smith, 
Win.  N.  H.  Smith,  Stallworth,  Stevenson,  James  A,  Stewart, 
Stokes,  Thomas,  Underwood,  Vance,  Webster,  Wofxlsmi', 
Wright— 81. 

APPROVAL  OF  MAJOR  ANDERSON'S  COURSE. 

In  the  House  of  Representatives.  January 
7th,  1861,  this  resolution  was  offered  by 
Mr.  ADRAIN,  of  New  Jersey,  and  adopted- 
yeas  125,  nays  56. 

"Resolved,  That  we  fully  approve  the  bold 
and  patriotic  act  of  Major  Anderson  in  with 
drawing  from  Fort  Moiiltrie  to  Fort  Suinter, 
and  of  the  determination  of  the  President  to 
maintain  that  fearless  officer  in  his  present 
position ;  and  that  we  will  support  the  Presi 
dent  in  all  constitutional  measures  to  enforce 
the  laws  and  preserve  the  Union." 
VOTE. 

YEAS— Messrs.  Charles  F.  Adams.  Green  Adams,  Adrain, 
Aldrich,  Allen,  Alley,  W.C.  Anderson,Ashley.Babbitt,Beale, 
Bingham,  Blair,  Blake,  Brayton,  Briggs,  Buffinton,  Burlin 
game.  Campbell,  Carey,  Carter,  Clemens,  Coburn,  J.Cochrane, 
Colfax,  Corwin,  Covode,  Cox,  Curtis,  H.W.  Davis,  J.  G.  Davis, 
Dawes,  Delano,  Dimmick,  Duell,  Dunn,  Edgerton,  Edwards, 
Eliot,  Ely,  Etheridge,  Farnsworth,  Fenton,  Ferry,  Foster, 
Fouke,  Frank,  French,  Gooch,  Grow,  Gurley,  Hale,  Hall, 
Haskin,  Helmick,llickman,  Hoard,  Holman,  William  How- 
ad,  William  A.  Howard,  Humphrey,  Hutchins,  Irvine, 
Junkin,  Francis  W.  Kellogg,  William  Kellogg,  Kenyon, 
Kilgore,  Larrabee,  De  Witt  C.  Leach,  Logan,  Longnecker, 
Loomis,  Lovejoy,  Maclay,  Marston,  Charles  D.  Martin, 
McClernand,  McKean,  McKenty.  McKnight,  McPherson, 
Millward,  Montgomery,  Moorhead,  Morrill,  Edward  Joy 
Morris,  Morse,  Nixon,  Olin,  Palmer,  Perry,  Pettit,  Porter, 
Pottle,  Edwin  R.  Reynolds,  Rice,  Riggs,  Christopher  Robin 
son,  James  C.  Robinson,  Royce,  Sedgwick,  Sherman,  Sickle*, 
Spaulding,  Spinner,  Stanton,  Stevens,  William  Stewart, 
Stratton,  Tappan,  Thayer,  Theaker,  Tompkins,  Train, 
Trimble,  Vandever,  Wade,  Waldron,  Walton.  Cadwalader  C. 
Washburn,  Ellihu  B.  Washburne,  Wells,  Wilson.  Windom, 
Wood— 126. 

NATS — Messrs.  Thomas  L.  Anderson,  Avery,  Barksdalf, 
Barrett,  Bocock,  Bouligny,  Branch,  Brown,  Burch,  Burnttt, 
John  B.  Clark,  Clopton,  Cobb,  James  Craig,  Crawford,  De 
Jarnelte,  Florence,  Garnett,  Gartrell,  Gilmer,  Hamilton,  Har- 
deman,  John  T.  Harris,  Hatton,  Hawkins,  Hill,  Ilindman, 
Houston,  Hughes,  Jones,  Kunkel,  Landrum,  James  M. Leach, 
Love,  Mallory,  Elbert  S.  Martin,  Maynard,  McKae,  Laban 
T.  Moore,  Sydenham  Moore,  Peyton,  P/ielps,  Pryor,  Quarles, 
Reagan,  Rust.  Scott,  Simms,  Singlf.ton,Vi"i}li&rn  N.  H.  Smith. 
Stevenson,  Stokes,  Vallandigham,  Vance,  Webster,  Wright 
—56. 

COERCION. 

December  31st.  Mr.  PRYOR  offered  the 
following  resolution : 

Resolved,  That  any  attempt  to  preserve 
the  Union  between  the  States  of  this  Con 
federacy  by  force  would  be  impracticable 
and  destructive  to  republican  liberty. 

Mr.  STANTON  moved  to  lay  this  upon  the 
table,  which  was  agreed  to — yeas  98,  nays 
55,  as  follows  : 

YEAS — Messrs.  Adams  of  Mass.,  Adams  of  Ky.,  Adrain, 
Aldrich,  Allen,  Babbitt,  Beale,  Bingham,  Blair.  Blake,  Bray 
ton,  Briggs,  Buffinton,  Burlingnme,  Burnham,  Campbell, 
Carey,  Case.  (lemma,  Colfax.  Conkling,  Cox,  Davis  of  Ind., 
Dawes,  Duell,  Edgerton,  Eliot,  Ely,  Etheridge,  Farusworth, 
Fenton,  Foster,  Fouke,  French,  Gooch,  Grow,  Hale,  Harria 


PROCEEDINGS    OF    THE    GOVERNMENT, 
of  Md.,  Hatton,  Helmick,  Hill,  Holman,  Howard  of  Ohio,    Burnhani.  Butt<»rneld,  Campbell, 


Howard  of  Michigan,  Humphrey,  Hutching,  Junkin,  Kel 
logg  v  f  Mich.,  Keuyon,  Kilgore,  Larrabee,  Leach  of  Mich., 
Lee,  Longnecker,  LoomK  Lovejoy,  Marston,  Martin  of  Ohio, 
Maynard,  McKean,  McKenty,  McKnight.  McPherson,  Mont 
gomery,  Moore  of  Ky.,  Morris  of  Pa.,  Marrit  of  111.,  Morse, 
Nodi,  Olin,  Palmer,  HndUton,  Perry,  Pettit,  Porter, 
Quarles,  Reynolds,  Robinson  of  Rhode  Island,  fobtnton  of 
111.,  Koyce,  Sherman,  Spaulding,  Stauton,  Stevens,  Stokes, 
Tappan,  Thayer,  Theaker,  Vance,  Vaudever,  Verree.  Wade, 
Walton,  Washburn  of  Wisconsin,  Washburne  of  Illinois, 
Webster,  Wilson,  Windom—  98. 

NAYS—  Messrs.  Alley,  Anderson  of  Mo.,  Ashley,  Avery, 
S  n-kxdalf,  Birrrtt,  Uncock,  Branch,  Burch,  dark  of  Mo., 
C:  pton,  0  bb,  Jo.'m  Co:hran?.  Craig  of  Mo.,  Crawford,  Curry, 
Curtis,  D^  Jirnette,  Dunn,  Edmundson,  Florence,  Garnett, 
G  irtrell,  Hirdemm,  Harris  of  Va.,  Hindman,  Houston, 
Jf-iffh's,  Jacks  m,  Jenkins,  Jone*,  Leach  of  N.  C.,  Loqan.  Low, 
Jf  irtin  of  Va.,  AkClcrnand,  McRae,  Moore  of  Ala.,  JViblnck, 
Pt'yton,  Pryor,  Puah,  Rings,  Ru*t,  Scott,  Sickle,  Singleton, 
Spinner,  Thomas,  Vallandigham,  Wells,  Whiteley,  Winslow, 
H'oodson, 


NON-INTERFERENCE       WITH       SLAVERY     IN       THE 
STATES. 

February  llth,  1861.  Mr.  SHERMAN'  of 
Ohio,  offered  the  following  : 

Resolved,  That  neither  the  Congress  of 
the  United  States,  nor  the  people  or  gov 
ernments  of  the  non-slaveholding  States 
have  the  constitutional  right  to  legislate 
upon  or  interfere  with  slavery  in  any  of 
the  slaveholding  States  in  the  Union. 

Which  were  agreed  to  —  yeas  162,  nays 
none. 


fix.  CimJvling,  Covode,  Curtis,  H.  \\infw  ifcivis,  JJm  G. 
Dams,  DaweH,  Delano,  Duell,  Edgerton,  EUoT,  JlUreiJiJ^S; 
Fenton,  Foster,  Frank,  French.  Gilmcr,  Oooch,  Grow,  Gurley, 
Hale,  J  Morriaon  Harris,  Helmick,  Hoard,  Holman,  Wil 
liam  Howard,  William  A.  Howard,  Humphrey,  Hutchins. 
Irvine,  Junkin.  Francis  W.  Kellogg,  William  Kellogg,  Ken- 
yon.  Killinger,  De  Witt  C.  Leach,  Lee,  Longnecker,  Loomis, 
Lovejoy,  Mallory,  Marston,  Charles  D.  Martin,  McClernand, 
McKean,  McKnight,  McPherson,  Montgomery,  Laban  T. 
Moore,  Moorhead,  Morrill,  Edward  Joy  Morris,  Isaac  N. 
Morris,  Morse,  Nelson,  Niblack,  Nixon.Olin,  Palmer,  Perry, 
Potter,  Pottle,  Edwin  R.  Reynolds,  John  II.  Reynolds,  Rice, 
Riggs,  Christopher  Robinson,  Royce,  Scranton,  Sedgwick, 
Sherman,  Somes,  Spaulding,  Spinner,  Stanton.  Stevens,  Wm. 
Stewart,  Stokes,  Stratton,  Tappan,  Thayer,  Theaker,  Tonip- 
kins.  Train,  Trimble,  Vandever,  Van  Wyck,  Wade.  Walilron 
Walton,  Cadwalader  C.  Washburn,  Ellihu  B.  Washburnej 
Webster,  Wells,  Wilson,  Windom,  Wood,  Woodruff— 119. 

NAYS — Messrs.  Avery,  Bocock,  Boteler,  Branch,  Brown, 
Burnett,  Horace  F.  Clark,  John  B.  Clark.  James  Craig, 
Burton  Craige,  DeJarnetfe,  Edmund  son,  Florence,  Fouke, 
Garnett,  John  T.  Harris,  Hatton,  Hindman,  Hughes,  Kun- 
kel,  James  M.  Leach,  Leake,  Logan,  Maclay,  ElbertS.  Mar 
tin,  Maynard,  McKenly,  Millson,  Pendleton,  Peyton,  Pryor, 
Quarles,  James  C.  Robinson,  Scott,  Simms,  William  N.'  H. 
Smith.  Stevenson,  Thomas,  Vance,  White-ley,  Winslmo, 
Wright— 4'2. 

The  bill  was  debated  in  the  Senate,  re 
committed,  re-reported,  but  objected  to  by 
Mr.  Mason,  Mr.  Green,  and  others,  and  not 
finally  disposed  of. 


BILL    TO    SUPPRESS    INSURRECTION. 


February  18th.   Mr.  STANTON  of  Ohio.  re. 

YFAS-Messrn.  Charles  F.  Adams,  Greeu  Adams,  Aldrich,  I  P2,rted    fr°,m     the     Committee    On    Military 

lien,  Thomas  L.  Anderson,  William  C.  Anderson,  Avery,  \  affairs  a  bill  enacting  : 


That  the 
28th  day  of 


All 

Babbitt,    Barr,  Barrett,  Bingham,  Blair,  Blake.  Bocock,  , 

Boteler,  Brabson,  Brayton,  Briggs,  Brisiow.  Brown,  Buffiii-  j 

ton,  Burch,  Bmlingame,  Burnett,  Butterfield,  Campbell, 

Carey,  Carter,  Case,//orace  F.  Clark,  John  B.  Clarl:.  Coburn, 

Joh,i  Cochram,  Colfax,  Conkling,  Corwiu.  Covode,  Cox,  Jas. 

Craig,  Curtis,  Dawea,  Delano,  Uimr.iick,  Duell.  Dunn   Ed- 

mundson,   " 

worth.  Ferry,  J'iorence,  Foster,  Frank,  French,  Garnet,          V  +  rt 

C.ilmer,  Gooch.  Graham,  Grow,  Gurley,  Hall,  Hamilton,  j!     and  to  repeal 

Morrison  Harris,  John  T.  Harris,  Haskin,  Hatton,  Helmick,  ,  pur 


s  provisions  of  an  act  approv 
February,  in  the  year  17  95.  e 


red  the 
entitled 


"An   act  to  provide  for  calling   forth   the 
militia  to  execute  the  laws  of  the  Union. 
'son,  Edwards,  Eliot  Ely,  English,  Etheridge,  Fama-  !  suppress  insurrections,  and  repel  invasions. 

..  **rry,  Florence,  Foster,  Frank,  French,  Gam*.  !  _§*,  repeal    the    act  ^  in  ^  for  ^^ 

rposes,"  and  of  the  act  approved  the  3d  day 
March,  in  the  year  1807,  entitled  "An  act 
the  employment  of  the  land  and 
forces  of  the  United  States  in  cases  of 
insurrections."  are  hereby  extended  to  the 
case  of  insurrections  against  the  authority 
of  the  United  States. 

That  the  President  in  any  case  in  which 
it  may  be  lawful  to  use  either  the  militia  or 
the  military  and  naval  force  of  the  United 
States  for  the  purpose  aforesaid,  may  accept 
the  services  of  such  volunteers  as  may  offer 
their  services,  as  cavalry,  infantry,  or  artil 
lery,  organized  in  companies  of  the  maxi 
mum  standard,  squadrons  and  regiments, 
respectively,  according  to  the  mode  pre 
scribed  for  the  organization  of  the  respec 
tive  arms  in  the  military  establishment  of 
the  United  States ;  and  it  shall  be  lawful  for 


Muorhead,  Morrill,  Edward  Joy  Morris,  Isaac  AT.  Morru, 
Morse,  Nelson,  Niblack,  Nixon,  Noell,  Palmer,  Perry,  Pettit, 
Peyton,  Phelps,  Porter,  Potter,  Pottle,  Pn/or,  Quaries,  John 
H.  Reynolds,  Rice,  Riggs,  Christopher  Robinson,  Royce. 
Scranton,  Sedgwick,  Sherman,  Sickles,  William  N.  II.  Smith, 
Spaulding,  Spinner,  Stanton,  Stevenson,  William  Stewart, 
Stokes,  Stout,  Stratton,  Tappan,  Thaver,  Theaker,  Thomas, 
Tompkins,  Train,  Trimble,  ValUndigham,  Vance,  Vande- 
ver,  Van  Wyck,  Verree,  Wade,  Waldron,  Walton,  Cadwala- 
der  C.  Washburn,  Elilm  B.  Washburne,  Webster,  Wells 
Whitetey.  W'ilson,  Windom,  Winslow,  Woodson—162. 

NAYS— None. 

BILL     TO     RE-ORGANIZE     THE     MILITIA     OF 
DISTRICT    OF  COLUMBIA. 


THE 


January  28th,  1860.  Mr.  STANTON  of  Ohio, 
reported  from  the  Military  Committee  a  bill 
providing  that  every  officer,  non-commis 
sioned  officer,  musician,  and  private  of  the 
militia  of  the  District  of  Columbia,  shall 
take  and  subscribe  to  the  oath  required  by 
the  eighteenth  section  of  the  act  approved 
January  11,  1812,  the  name  of  any  person 
refusing  to  be  stricken  from  the  roll,  or  if 
an  officer  his  commission  to  be  forfeited. 

The  rules  were  suspended  —  yeas  116,  nays 
41,  to  permit  its  introduction,  and  it  was 
finally  passed—  yeas  120,  nays  42,  as  follows  : 


Ai-uA,  F-  Adams,  Green  Adams,  Adrain, 

Aldnch,  Alley,  William  C.  Anderson,  Ashley,  Babbitt,  Beale 
Bingham,  Blatr,  Blake  ,  Brayton,  Briggs.  Bristow,  Puffinton 


the  President  to  commission  the  officers  of 
such  companies,  battalions,  squadrons,  and 
regiments,  in  their  respective  grades,  to 
continue  till  discharged  from  the  service  of 
the  United  States ;  and  such  volunteers, 
while  in  the  service  of  the  United  States, 
shall  be  subject  to  the  rules  and  articles  of 
war,  and  shall  be  entitled  to  same  pay  and 
emoluments  as  officers  and  soldiers  of  the 
same  grade  in  the  regular  service. 

A  motion  to  reject  the  bill  was  negatived 
—yeas  68,  nays  109,  as  follows : 


78 


PROCEEDINGS    OF   THE    GOVERNMENT. 


YEAS— Messrs.  Ttiomas  L.  Anderson,  William  C.  Ander 
son,  Avery,  Barr,  Barrett,  Bocock,  Bouligny,  Brabson, 
Branch,  Bristow,  Brown,  Huron,  Burnett,  Hoi-ace  F.  Clark, 
John  B.  Clark,  John  Cochrane,  Cox,  James  Craig,  Burton 
Craige,  John  G.  Davis,  De  Jarnette,  E'lmundson,  English, 
Etheridge,  Florence,  Garnett,  Gilnier,  J.  Morrison  Harris, 
John  T.  Harris,  Hatton,  Hindman,  William  Howard, 
Hughes,  Kunkd,  Larrabee,  James  M.  Leach,  Leake,  Logan, 
Maclay,  Mallory,  Maynard,  McKenty,  Millstm,  Laban  T. 
Moor*-.,  Isaac  N.  Morris,  Nelson,  Niblack,  Nodi,  Peyton, 
Pi-dps,  Pryor,  Quarles,  James  C.  Robinf-on,  Ruffin,  Rust, 
Fcott.  SiMes,  Simms,  \Villiam  N.  II.  Smith,  Stokes,  Stout, 
Thomas,  Vallandigham,  Yauce,  Webster,  Window.  Wood- 
son,  Wright— 68. 

NAYS— Messrs.  Charles  F.  Adams,  Adrain,  Aldrich,  Alien, 
Alley,  Ashley,  Babbitt,  Bingham,  Blair,  Blake,  Brayton, 
Briggs,  Buffintbn,  Burlingame,  Burnham,  Butterfield, 
Campbell,  Carey,  Carter,  Case,  Colfax,  Conkling,  Conway, 
Corwin,  Covode,  If.  Winter  Davis,  Dawes,  Delano,  DuelL 
Dunn,  Edgerton,  Edwards,  Eliot,  Ely,  Farnsworth,  Fen- 
ton,  Frank,  French,  Graham,  Grow,  Gurley,  Hale,  Hall, 
Ilelmick,  Hickman,  Hoard,  William  A.  Howard,  Hutchins, 
Irvine,  Junkin,  Francis  W.  Kellogg,  William  Kellogg, 
Kenyon,  Kilgore,  Killinger,  De  Witt  C.  Leach,  Lee,  Long- 
necker,  Loomis,  Lovejoy,  Marston,  McKean,  McKnight. 
McPheraon,  Montgomery,  Moorhead,  Morrill,  Morse,  Nixon, 
<  Hin,  Palmer,  Perry,  Pettit,  Porter,  Potter.  Pottle,  Edwin  R. 
Reynolds,  John  H.  Reynolds,  Rice,  Riggs,  Christopher  Rob 
inson,  Royce,  Scranton,  Sedgwick,  Sherman,  Somes,  Spauld- 
ing,  Spinner,  Stevens,  William  Stewart,  Stratton,  Tappan, 
Thayer,  Thcaker,  Tompkins,  Train,  Trimble,  Vandever,  Van 
Wyck,  Wade,  Waldron,  Walton,  Cadwalader  C.  Washburn, 
Ellihu  B.  Washburne,  Wells,  Wilson,  Windom,  Wood, 
WToodruff— 109. 

19th.  A  motion  to  lay  it  on  the  table  was 
negatived — yeas  68,  nays  105.  The  yeas 
were: 

XEAS— Messrs.  Adrain,  Allen,  Thomas  L.Anderson,  Wm. 
•C.  Anderson,  Avery,  Barr,  Bocock,  Boteler,  Bouligny, 
Brabson,  Branch,  Bristow,  Burch,  Burnett,  Horace  F.  Clark, 
John  B.  Clark,  John  Cochrane,  Cox,  James  Craig,  Burton 
Craige,  John  G.  Davis,  De  Jarnette,  Edmundson,  English 
Etheridge,  Florence,  Fouke,  Garnett,  Gilmer,  Hamilton,  J. 
Morrison  Harris,  John  T.  Harris,  Hatton,  Hindman,  Wm. 
Howa.nl,  Hughes,  Ktinkel,  Larrabee,  James  M.  Leach. 
Leake,  Maclay,  Mallory,  Charles  D.  Martin,  Elbert  8.  Martin 
Maynard,  McKenty,  Millson,  Laban  T.  Moore,  Nelson,  Nib- 
lack,  Nodi,  Peyton,  Pry  or,  Quarles,  Riggs,  James  C.  Robin 
son,  Ruffin,  Rust,  Scott,  Simms,  Stokes',  Stout,  Thomas,  Val- 
landigham,  Vance,  Winslow,  Woodson,  Wright — 68 

26th.  On  motion  of  Mr.  CORWIN  of  Ohio, 
the  bill  was  postponed  till  the  28th,  to  take 
up  the  report  of  the  Committee  of  Thirty- 
three,  which  was  agreed  to — yeas  100,  nays 
74,  as  follows  : 

YEAS— Messrs.  Green  Adams,  Adrain,  Thos.  L.  Anderson, 
Wm.  C.  Anderson,  Avery,  Barr,  Barrett,  Bocock,  Boteler, 
Bonligny,  Brabson,  Branch,  Briggs,  Bristow,  Brown,  Burch, 
Burnett,  Campbell,  Horace,  F.  Clark,  John  B.  Clark,  John 
Cochrane,  Corvfin,  Cox,  Jus.  Craig,  Burton  Craige,  H.  Winter 
Davis,  John  G.  Davis,  De  Jarnette,  Edmundson,  Etheridge, 
Florence,  Fouke,  Garnett,  Gilmer,  Hale,  Hall,  Hamilton,  J. 
Morrison  Harris,  Jno.  T.  Harris,  Hatton,  Holman,  Wm.  How 
ard,  Hughes,  Jenkins,  Junkin,  W.  Kellogg,  Kilgore,  Kunkel, 
Larrabee,  James  M.  Leach,  Leake,  Logan,  Maclay,  Mallory, 
Charles  D.  Martin,  Elbert  S.  Martin,  Maynard,  McClernand, 
McKenty,  McKnight,  McPherson,  MiUson,  Millward,  Mont 
gomery,  Laban  T.  Moore,  Moorhead,  Edward  Joy  Morris, 
Isaac  N.  Morris,  Nelson,  Niblack,  Nixon,  Noell,  Peyton, 
Phrlps,  Pryor,  Quarles,  John  II.  Reynolds,  Riggs,  James  C. 
Robinson,  Ruffin,  Scranton,  Sickles,' Simms.  William  N.  H. 
Smith,  Stevenson,  James  A.  Stewart,\Vm.  Stewart,  Stokes, 
Stout,  Stratton,  Thayer,  Thomas,  Vallandigham,  Vance, 
Verree,  Webster,  Winslow,  Wood,  Woodson,  Wright— 100. 

NAYS— Messrs.  Charles  F.  Adams,  Alley,  Ashley,  Babbitt, 
Beale,  Bingham,  Blair,  Blake,  Brayton,  Buffinton,  Burlin 
game,  Burnham,  Butterfield,  Carey,  Carter,  Case,  Coburn, 
Colfax,  Conkling,  Curtis.  Delano,  Duell,  Edgerton,  Edwards, 
Eliot,  p;iy,  Farnsworth,  Fonton,  Ferry,  Gooch,  Grow,  Gurley, 
Haskin,  Hickman,  JJoard,  William 'A.  Howard,  Hutchins, 
Francis  W.  Kellogg,  Kenyon,  De  Witt  C.  Leach,  Lee,  Long- 
necker,  Loomis,  Lovejoy,  Marston,  Morrill,  Morse,  Oliu, 
Palmer,  Porter,  Potter,  Pottle,  Edwin  R.  Reynolds,  Christo 
pher  Robinson,  Royce,  Sedgwick,  Spauldirig,  Spinner, 
Stanton,  Stevens,  Tappan,  Theakcr,  Tompkins,  Train,  Trim 
ble.  Wade,  Waldron,  Walton,  Cadwalader  C.  Washburn, 
Ellihu  B.  Washburne,  Wells,  Wilson,  Windom,  Woodruff 
— 74. 

The  bill  was  not  asrain  reached. 


BILL     TO     PROVIDE     FOR     THE     COLLECTION     OF 
DUTIES    ON    IMPORTS. 

January  3d,  1860.  Mr.  BINGHAM  of  Ohio, 
reported  from  the  Committee  on  the  Judi 
ciary  a  bill  providing — 

That  whenever  by  reason  of  unlawful  ob 
structions,  combinations  or  assemblages  of 
persons,  it  shall  become  impracticable,  in 
the  judgment  of  the  President,  to  execute 
the  revenue  JAWS  and  collect  the  duties  on 
imports  in  the  ordinary  way  in  any  collec 
tion  district,  it  shall  be  lawful  for  the  Presi 
dent  to  direct  that  the  custom-house  for 
such  district  be  established  and  kept  in  any 
secure  place  within  some  port  or  harbor  of 
such  district,  either  upon  land  or  on  board 
any  vessel ;  and  that,  in  that  case,  it  shall 
be  the  duty  of  the  collector  to  reside  at  such 
place,  and  there  to  detain  all  vessels  and 
cargoes  arriving  within  the  district  until  the 
duties  imposed  on  the  cargoes  by  law  are 
paid  in  cash,  any  thing  in  the  laws  of  the 
United  States  to  the  contrary  notwithstand 
ing  ;  and  that,  in  such  cases,  it  shall  be  unlaw 
ful  to  take  the  vessel  or  cargo  from  the  cus 
tody  of  the  proper  officer  of  the  customs  un 
less  by  process  from  some  court  of  the 
United  States ;  and  that,  in  case  of  any 
attempt  otherwise  to  take  such  vessel  or 
cargo  by  any  force,  or  combination,  or  as 
semblage  of  persons,  too  great  to  be  overcome 
by  the  officers  of  the  customs,  it  shall  be 
lawful  for  the  President  of  the  United  States 
or  such  person  or  persons  as  he  shall  have 
empowered  for  that  purpose,  to  employ  such 
part  of  the  land  or  naval  forces,  or  militia  ot 
the  United  States,  as  may  be  deemed  neces 
sary  for  the  purpose  of  preventing  the  re 
moval  of  such  vessel  or  cargo,  and  protect 
ing  the  officers  of  the  customs  in  retaining 
the  custody  thereof. 

March  2d.  On  a  motion  to  take  up  the  bill, 
by  a  suspension  of  the  rules,  the  yeas  were 
103,  the  nays  62,  as  follows : 

YEAS— Messrs.  Charles  F  Adams,  Adrain,  Aldrich,  Alley, 
Ashley,  Babbitt,  Beale,  Bingham,  Blake,  Brayton,  Briggs, 
Buffinton,  Burlingame,  Butterfield,  Carey,  Carter,  Cobiirn, 
Colfax,  Conkling,  Conway,  Covode,  Daw'es,  Delano,  Duell, 
Dunn,  Edgerton,  Eliot,  Ely,  Farnsworth,  Fenton.  Ferry, 
Foster,  Frank,  French,  Gooch,  Grab  am,  Grow,  Gurley.  Hale, 
Hall.  Haskin,  Ilelmick,  Hickman,  Hoard,  Holman,  Humph 
rey,  Hutchins,  Irvine,  Junkin,  Francis  W.  Kellogg.  William 
Kellogg,  Kenyon,  Kilgore,  Killinger,  De  Witt  C.  Leach,  Lee, 
Longnecker,  Loomis,  Lovejoy,  Marston,  McKean,  McKnight, 
McPherson,  Millward,  Edward  Joy  Morris.  Nixon,  Olin, 
Palmer,  Pettit,  Porter,  Potter,  Pottle,  Rice,  Christopher 
Robinson,  Royce,  Sedgwick.  Sherman,  Somes.  Spaulding, 
Spinner,  Stanton,  Stevens,  William  Stewart,  Stratton.  Tap- 
pan,  Thayer.  Thenker,  Tompkins,  Train,  Trimble,  Vandever, 
Van  Wyck.  Verree,  Wade,  Waldron,  Walton.  Cadwalader  C. 
Washburn,  Ellihu  B.  Washburne,  Wells,  Wilson,  Windom, 
Wood,  Woodruff— 103. 

.\AYs-Messrs.  William  C.  Anderson,  Barr,  Barrett, 
Brabson,  Branch,  Bristow,  Brown,  Burch,  Burnett,  Horace 
F.  dark,  John  B.  Clark,  Clemens,  John  Cochrane,  Corwin, 
Cox,  James  Craig,  John  G.  Davis,  De  Jarnette,  Edmundson, 
Etheridge,  Florence,  Fouke,  Garnett,  Gilmer,  Hamilton,  J. 
Morrison  Harris,  John  T.  Harris,  Hatton,  William  Howard, 
Hnahes,  Kunkel.  Larrabee,  James  M.  Leach,  Leake,  Mallory, 
< 'hart,-*  D.  Martin.  Elbert  S.  Martin,  Maynard,  McKrnty, 
Mill.--<>»,  Laban  T.  Moore,  Nelson,  Niblack,  Pendleton,  Pey 
ton,  Phelpx.  Pryor,  Quarles,  Riggs,  James  C.  Robinson, 
Simms,  William  N.  H.  Smith,  James  A.  Steivart,  Stokes, 
Thomas,  Vallar.digham,  Vance,  Webster.  Whitdey.  Winslow. 
Woodson,  Wright— 62. 


PROCEEDINGS    OF    THE    GOVERNMENT. 


79 


Two-third?  not  having  voted  in  the  affirm 
ative,  the  bill  was  not  taken  up,  nor  was  it 
again  reached. 

'January  30th.  1861.  Mr.  JOHN  COOHRANE 
from  the  Select  Committee  on  the  Presi 
dent's  message  reported  a  bill  for  the  "  Col 
lection  of  Duties  on  Imports,"  which  was 
ordered  to  be  printed  and  re-committed  to 
the  committee.  It  was  not  again  heard  from. 
His  views  of  the  subject  were  expressed  as 
follows  : 

While  fully  concurring  with  the  President 
in  the  opinion  that  no  State  possesses,  under 
and  by  virtue  of  the  Federal  Constitution, 
any  right  or  authority  to  secede,  or  with 
draw,  or  separate  itself  from  the  Federal 
Union.  I  am  equally  convinced  that,  not  hav 
ing  been  prohibited,  the  justification  of  the 
exercise  of  such  right  is  referable  to  the  na 
ture  and  extent  of  those  rights  reserved  to 
the  States  or  the  people  thereof.  Therefore 
all  the  acts  and  ordinances  of  secession  which 
have  been  or  may  be  enacted  by  any  State 
or  States,  acting  separately,  in  my  opinion, 
are,  in  as  far  as  the  same  may  be  carried 
into  effect,  to  be  considered  as  revolutionary 
infractions  of  the  supreme  law  of  the  land, 
however  they  may  be  regarded  as  the  pro 
per  exercise  of  an  indefeasible  right  of 
"  resisting  acts  which  are  plainly  un 
constitutional  and  too  oppressive  to  be 
endured." 

I  also  concur  with  the  President  that  the 
Federal  Constitution  has  abstained  from  con 
ferring  upon  the  Federal  Government,  or 
any  department  thereof,  authority  to  declare 
and  wage  oppressive  war  against  a  seceding 
State,  in  order  to  coerce  the  repeal  of  any 
act  or  ordinance  of  secession  which  she  may 
have  passed,  or  the  renunciation  of  any  pur 
pose  of  secession  which  she  may  entertain, 
or  to  compel  her  to  remain  nominally,  as 
well  as  in  fact,  a  member  of  the  Federal 
Union.  On  the  contrary,  the  plenary  power 
of  offensive  war  and  reprisals,  conferred  by 
the  Constitution  upon  Congress,  is,  in  my 
judgment,  designed  exclusively  to  authorize 
and  empower  such  war  by  the  Federal  Gov 
ernment,  in  its  discretion,  against  such  gov 
ernments  and  communities  as  may  be  right 
fully  considered  foreign  to  the  United  States. 
States  which  profess^  to  have  seceded  from 
the  Federal  Union,  by  their  separate  State 
action,  cannot,  in  my  opinion,  be  rightfully 
so  considered  ;  and.  therefore,  a  just  concep 
tion  of  the  constitutional  authority  of  Con 
gress  combines  with  other  '  and.  if  possible, 
higher  and  more  commanding  motives  to 
prescribe  other  measures  than  aggressive 
und  coercive  war  to  remedy  the  grave  in 
conveniences,  perils,  and  evils  of  such  seces 
sion. 

It  is.  on  the  other  hand,  entirely  manifest 
that  the  Federal  Government,  throughout 
the  whole  extent  of  its  constitutional  juris 
diction,  both  territorial  and  maritime,  is 
vested  with  powers  which  it  cannot  surren 
der,  and  charged  with  trusts  and  duties 


!  which  it  must  perform.     It  holds  valuable 
property  in  every  part  of  the  territory  over 
|  which  its  jurisdiction  has  been,  by  the  solemn 
;  mandate  of  the  people  of  all  the  States,  ex 
tended  ;  and  it  holds  every  article  of  this 
property  as  the  common  trustee  of  all  the 
people  of  all  the  States  for  their  common 
use  and  benefit ;  and  to  them,  and  to  all  of 
i  them,  it  is  directly  responsible  for  the  safe 
keeping  and   protection  of  such  property. 
By  constitutional  legislation,  supreme  in  its 
character   and   irrepealable   except   by  the 
authority  which  created  it,  the  Federal  Gov 
ernment  has  established  a  system  of  revenue 
laws   which  it  is  bound   to   maintain,   and 
!  against  all  obstructions  to  the  execution  of 
i  which  it  is  equally  bound  adequately  to  pro- 
;  vide.     No  extra  constitutional  action  of  any 
State  can  possibly  release  the  Federal  Gov- 
|  ernment  in  any  of  its  departments  from  this 
I  imperative  obligation. 

It  is  to  this  aspect  of  the  duty  of  Congress 
!  in  the  unfortunate  and  unexampled  state  of 
i  facts  presented  for  its  consideration  by  the 
j  President,  in  his  late  message,  that  the  at- 
i  tention  of  the  committee  has  been  specially 
I  directed,  and  they  report  herewith  a  bill 
|  designed,  as  is  believed,  peaceably  and  in  a 
j  spirit  of  moderation  and  forbearance  fully  10 
j  protect  the  entire  revenue  system  of  the 
j  United  Stotes  from  all  the  unconstitutional 
|  and  unlawlul  obstructions  and  disturbances 
!  with  which  it  is  now  or  may  be  hereafter 
j  threatened. 

In  framing  this  measure  there  has  been 
•  kept  steadily  in  view,  first,  the  obstacles  of 
I  every  character  which  oppose  any  attempt 
j  by  the  Federal  Government  to  coerce  a 
j  State ;  and,  secondly,  the  principle  upon 
i  which,  as  is  conceived,  the  whole  coercive 
I  action  of  our  revenue  system  has,  from  its 
inception,  been  founded. 

The  just  and  rightful  coercion  exercised 
under  the  Constitution  by  the  Federal  Gov 
ernment  in  the  collection  of  its  revenue  from 
foreign  commerce  is  a  coercion,  not  directed 
against  State  authority,  nor  even  against 
unlawful  action  by  assemblages  of  persons 
within  any  State.  That  coercion  on  the 
contrary,  applies  itself  directly  to  the  bulk 
and  body  of  the  foreign  importations  upon 
which  the  revenue  is  chargeable,  and  to  the 
vessels  and  the  agents  by  which  they  are 
brought  into  our  ports,  opened  to  such 
commerce  only  under  the  protection  and  by 
the  regulation  of  the  Federal  law. 

The  well-understood  and  just  assumption 
upon  which  all  this  foreign  commerce  proceeds 
is,  that  the  Federal  Government  provides  for 
it  ports  of  entry  and  delivery  in  which  it 
may  be  entered  and  delivered,  and  in  which 
the  lawful  duties  chargeable  upon  it  shall 
be  collected  and  paid  to'the  Federal  Govern 
ment,  whose  laws  have,  for  that  very  COM 
sideration,  established  and  protected  and 
regulated  such  entry  and  delivery.  The 
failure  to  observe  those  regulations  is.  by 
our  whole  code  of  revenue  law,  visited  in 


80 


PROCEEDINGS    OF    THE    GOVERNMENT. 


penalties   upon   the   agents   by   whom   the ! 
merchandise   is   transported,  the  vessels  in 
which  it  is  carried,  and  finally  in  the  form 
of  seizure  and  forfeiture  upon  the  merchan 
dise   itself.     All   this   is  a  coercion  of  law  j 
upon  foreign  commerce,  and  not  a  coercion  | 
of  force  upon  any  State  to  which  it  may  he  j 
hound.     No  State  can  rightfully  expect  that  I 
the  United  States  shall  permit  foreign  com-  i 
laerce  to  be  carried  on  in  ports  and  places  j 
open  to  it  only  under  their  authority,  with- ! 
out  compliance  with  the  constitutional  con- : 
ditions  under  which   those   ports  or  places  ; 
have  been  thus  opened.     It  is  in  this  view  ! 
that  the  bill  proposes  that  vessels  from  a  ; 
foreign   port   bound   to  a  port   within   the  I 
scope  of  its  provisions  shall,  with  its  foreign  | 
cargo,  be  liable  to  seizure  and  co"ndei?na-  j 
tion,  and  in  the  same  view  of  applying  its  re- ! 
Btrictions  only  to  foreign  commerce  on  which  j 
revenue  is  by  law  collected,  all  vessels  law-  j 
fully  engaged  in  the  coastwise  trade  are  ex- 
empted   from  the   opeiatiori  of  its   purely 
remedial  and  defensive  provisions. 

REPORTS     RELATIVE     TO     MILITARY    AND    NAVAL 
MATTERS. 

January  8th,  1861.  The  President  sent  a 
message   relative   to  the   condition   of  the 
country,  urging  upon  Congress  to  devote 
itself  exclusively  to  the  question  how  the  | 
Union  can  be  preserved  in  peace,  and  re-  j 
commending  the  establishment  of  a  line  and  ' 
"letting  the  North  have  exclusive  control  i 
of  the  Territory  above  it.  and  giving  Southern  ! 
institutions  protection  below  it."     He  trans- : 
mits  copies  of  the  correspondence  between  | 
himself  and  the  "  commissioners"  of  South  j 
Carolina,  pledges   himself  to  preserve  the  ; 
public   peace  in  the  District  of  Columbia,  j 
warns  his  countrymen  of  the  dangers  which  j 
now  surround  us,  and    says    that  he   shall  j 
carry  to  his  grave  the  consciousness  that  he 
at  least  meant  well  for  his  country. 

9th.  Mr.  HOWARD  of  Michigan,  offered  the  j 
following  resolution : 

Resolved,  That  the  message  be  referred  to  i 
a  special  committee  of  five  members  of  this  ! 
House,  and  that  they  be  instructed  to  report 
on  the  same  as  early  as  possible ;  and  that , 
said   committee  make   immediate    inquiry, 
and  report : 

1st.  Whether  any  executive  officer  of  the 
United  States  has  been  or  is  now  treating  or 
holding  communication  with  any  person  or 
persons  concerning  the  surrender  of  any 
forts,  fortresses,  or  public  property  of  the 
United  States,  and  whether  any  demand 
for  such  surrender  has  been  made,  when 
and  by  whom,  and  what  answer  has  been 
given. 

2d.  Whether  any  officer  of  this  Govern 
ment  has  at  any  time  entered  into  any  pledge, 
agreement,  or  understanding,  with  any 
person  or  persons,  not  to  send  reinforcements 
to  the  forts  of  the  United  States  in  the  har-  i 
bor  of  Charleston,  and  the  particulars  of 
such  agreement,  pledge,  or  understanding ; . 


when,  where,  and  with  whom  it  was  made, 
and  on  what  consideration. 

3d.  What  demand  for  reinforcements  of 
the  said  forts  has  been  made,  and  for  what 
reason  such  reinforcements  have  not  been 
furnished. 

4th.  Where  the  ships  of  the  United  States 
are  now  stationed,  with  what  commands,  and 
with  what  orders. 

5th.  Whether  the  custom-house,  post-office, 
arsenal,  and  other  public  buildings  of  the 
United  States  at  Charleston  have  been  seizod 
and  are  held  in  possession  by. any  person  or 
persons,  and  the  particulars  of  such  seizure 
and  possession. 

6th.  Whether  any  revenue  cutter  of  the 
United  States  has  been  seized  and  is  now 
held  in  possession  by  any  person  or  persons, 
and  the  particulars  thereof;  arid  whether 
any  efforts  have  been  made  by  the  head  of 
the  Treasury  Department  to  recapture  or 
recover  possession  of  said  vessel. 

That  the  committee  have  power  to  send  for 
persons  and  papers,  to  take  testimony,  and 
report  from  time  to  time,  as  facts  material 
to  the  national  safety  arid  national  honor 
may  be  disclosed  by  the  evidence. 

Which  was  adopted — yeas  133,  nays  62, 
as  follows : 

YEAS — Messrs.  Charles  F.  Adams,  Green  Adams,  Adrain, 
Aldrich,  Alien,  Alley,  William  C.  Anderson,  Ashley,  Bab 
bitt,  Ik-ale,  Binghaiii,  Blair,  Blake,  Brayton,  Brigg's,  Brirt- 
to\v,  Buffinton,  Burch,  Burlingame,  Burnham,  Butterneld, 
Campbell,  Carey,  Carter,  Clemens,  Coburn,  John  Cochrane, 
Colfax,  Covode,  Cox,  Curtis.  John  G.  Davis,  Dawes,  Delano, 
Duell,  Dunn,  Edgerton,  Edwards,  Eliot,  Ely,  Etherid.tre, 
Farusworth,  Teuton,  Ferry,  Foster,  Fmike,  Frank,  French, 
Gilmer,  Gooch,  Grow,  Gurley,  Hale,  Hall,  Hamilton,  Haskin, 
Hehnick,  Hickman.  Hoard,  Holman,  Wm.  Howard,  Wm.  A. 
Howard,  Humphrey,  Hutchins,  Irvine,  Junkin,  Francis  W. 
Kellogg,  Wm.  Kellogg,  Kenyon,  Kilgore,  Larrabee,  De  Witt 
C.  Leach,  Lee,  Logan,  Loiignecker,  Loomis,  Lovejoy,  Alaclay, 
Marston,  McCtemand,  McKean,  McKnight,  McPherson, 
Millward,  Montgomery,  Moorhead,  Morrill,  Edward  Joy 
Morris,  Morse,  Nelson,  Nixon,  Noell,  Olin,  Palmer,  Perry, 
Pettit,  Porter,  Pottle,  Edwin  K.  Reynolds,  John  H.  Reynolds, 
Rice,  Riggs,  Christopher  Robinson,  James  C.  Robinson, 
Royce,  Scranton,  Sedgwick,  Sherman,  Somes,  Spaulding, 
Spinner,  Stanton,  Stevens,  Win.  Stewart,  Stokes,  Stratton, 
Tappan,  Thayer,  Theaker,  Tompkins,  Train,  Trimble,  Van- 
dever,  Wade,  Waldron,  Cadwalader  C.  Washburn,  Ellihu  B. 
Washburne,  Webster,  Wells,  Wilson,  Windom,  Wood,  Wocd- 
ruff— 133. 

XAYS — Messrs.  Tliomas  L.  Anderson,  Avery,  Barktdale, 
Barrett,  Uncock,  Boteler,  KouMgny,  Branch.  Brown,  Burnftt, 
John  B.  Clark,  Clapton,  Cobb,  Crawford,  De  Jarnette,  Dim- 
mick,  Edmund-son.  English,  Florence,  Garnetf,  Gurlrfll, 
Hardeman,  John  T.  Harris,  Hatton,  Hawkins,  Hill,  Hot't- 
(on,  Hughes,  Jones,  Kunkel,  Landrum,  James  M.  Leach, 
Leake,  Lme,  Mallory.  Charles  D.  Martin,  Elbert  S.  Mn-'u.. 
Maynard,  Me  Kent  if,  McRae,  Million,  Laban  T.  VLoaf^Syden* 
ham  Moore,  Niblack,  Pendleton,  Peyton,  Wtlps,  Pnior, 
Quarles,  Reagan,  Rust,  Sickk.s,  ftimms,  Wm.  Smith, Vi'm.  N. 
H.  Smith,  Tayl(/r,  Vallandigham,\&nce,  Whiteley,  IVinslotv, 
Woodson,  Wright— 62. 

January  10th.  The  Committee  was  an 
nounced,  consisting  of  Messrs.  HOWARD  of 
Michigan,  BRANCH  of  North  Carolina,  JOHN 
COCHRANE  of  New  York,  DAWES  of  Massa 
chusetts,  and  HICKMAN  of  Pennsylvania.  Mr. 
Hickman  was  subsequently  excused  from 
serving,  and  Mr.  JOHN  H.  REYNOLDS  of  New 
York,  was  substituted. 

SECRET     ORGANIZATION     TO    ATTACK     THE    CAP 
ITAL. 

February  14th.  The  committee  reported 
unanimously  that  "the  evidence  produced 


PROCEEDINGS    OF    THE    GOVERNMENT. 


81 


IK  fore  them  does  not  prove  the  existence 
ov  &  secret  organization,  here  or  elsewhere, 
hoiiile  to  the  Government,  that  has  for  its 
object,  upon  its  own  responsibility,  an  attack 
upoij.  the  Capital,  or  any  of  the  public  prop 
erty  here,  or  an  interruption  of  any  of  the 
functions  of  the  Government." 

The  majority  of  the  committee,  however, 
state  that  certain  organizations  in  the  District 
and  in  Maryland,  formerly  political  clubs  have 
since  become  military  and  are  drilling,  expect- 
in?  arms  from  State  authorities  or  private  sub 
scriptions  ;  but  that,  while  they  sympathize 
strongly  with  secession,  there  is  no  proof 
that  they  intend  to  attack  the  Capital  or  the 
District,  "unless  the  surrender  should  be  de 
manded  by  a  State  to  which  they  profess  a 
higher  degree  of  allegiance."  "  Some  of  these 
companies  in  Baltimore  profess  to  be  drilling 
for  the  sole  purpose  of  preventing  other  mili 
tary  companies  from  passing  through  the 
State  of  Maryland."  These  clubs  are,  in  no 
proper  sense,  secret,  and  hence  not  such 
as  are  contemplated  in  the  resolution  of  the 
House. 

Mr.  BRANCH  of  North  Carolina,  added  a 
brief  minority  report,  chiefly  to  the  point 
that  lieutenant-General  Scott  has  seven 
companies  of  artillery,  and  one  company  of 
sappers  and  miners  of  the  regular  army 
ordered  to  and  quartered  in  the  City  of  Wash 
ington,  and  closing  with  this  resolution, 
which  he  offered : 

Resolved.  That  the  quartering  of  troops  of 
the  regular  army  in  this  District  and  around 
the  Capitol,  when  not  necessary  for  their 
protection  from  a  hostile  enemy  and  during 
the  session  of  Congress,  is  impolitic  and 
offensive,  and.  if  permitted,  may  be  destruc 
tive  of  civil  liberty ;  and,  in  the  opinion  of 
this  House,  the  regular  troops  now  in  this 
city  ought  to  be  forthwith  removed  there 
from. 

On  motion  of  Mr.  JOHN  COCHRANE,  this 
resolution  was  laid  on  the  table — yeas  125, 
nays  35,  as  follows  : 

YEAS— Messrs.  Charles  F.  Adams,  Green  Adams,  Aldrich, 
Allen,  Alley.  William  C.  Anderson,  Ashley,  Babbitt.  Beale. 
Bincrham.  Blair,  Blake.  Brayton,  Briggs,  Bristnw,  Buffinton, 
Burlingame,  Butterfielil.  Campbell.  Carter,  Case.  Horace.  F. 
dark.  Coburn,  John  Cnchran?.,  Colfax,  Conkling,  Conway, 
Covode,  Cor,  Curtis,  H.  Winter  Davis,  John  G.  Davit, 
TViwes,  Duell.  Dunn,  Kdgerton.  Eliot,  Ely,  Etheridge,  Farns- 
•vrnrth.  Fen  ton.  Ferry.  Foster.  Fmilcp.  Frank,  French.  Gilmer, 
Oooch,  Graham,  Grow.  Hale.  Hall,  TTasto.Hatton,  Helmick, 
Hoard, Holm'in,  W.A.Howard.  Humphrey,  Ilutchins,  Irvine, 
Jnnkin,  F.  W.  Kellogg,  W.  Kellogg,  Kenyon,  Kilgore.  Larra- 
!>'",  Be  Witt  C.  Leach,  Lee,  L>»ffnn,  Longnecker,  Loomis, 
L'tvejoy.  Mallory,  Marston.  SfcOternand,  McKean.  M^Kmhi. 
Me  Knight,  McPherson.  Millson.,  Laban  T.  Moore,  Moorhead, 
Morrlll.  Edward  .Toy  Morris,  Txftnc  N.  Morris,  Morse,  Nel 
son.  Niblaclc,  Nixon,  Palmer,  Perry,  Porter.  Potter.  Pottle. 
Kdwin  R.  Reynolds.  Rice,  Christopher  Robinson,  Jamps  C1. 
Rnbinxtm,  Royce,  Scranton.  Sedgwick.  Sherman,  Kirfdex. 
Srmilding.  Spinner.  Stevens,  William  Stewart.  Stokes. 
Btratton,  Tappan,  Theaker,  Tompkins,  Train.  Vandeverl 
Van  Wyck.  Wade,  Waldron,  Walton,  Cadwalader  C.  Wash- 
burn,  Ellihu  B.  Washburne.  Webster,  Wells,  Wilson,  Wood 
ruff— 125. 

NAYS — Messrs.  Avert/,  Barr,  Barrett,  Bocock,  Boteler, 
Bouligny,  Brabson,  Branch,  Bnrrh,  Burnett,  John  B.  Clark, 
Bnrtnn  f^rnigc,  De  Jarnettf,  EnffJfah,  Florence,  Gnrr>c,if. 
John  T.  Harris,  TfinrJman,  TTutjhes,  K/tnkeJ,  Midny.  Elhert 
,*?.  Martin.  Maynard,  Peyton.,  Pf trips.  Pri/or,  Quarles,  Rust, 
Svi't,  William  N.  IT.  Smith,  Stevenson^  Thomas,  Whiteley, 
Winslow.  Wright. — 35. 

6 


SECRETARY    HOLT*S    REPORT. 

On  this  subject,  the  Secretary  of  War, 
under  date  of  February  18th,  1861.  made  re 
port  upon  a  resolution  of  inquiry  passed 
by  the  House  of  Representatives  : 

This  resolution  having  been  submitted  to  this  De 
partment  for  consideration  and  report,  I  have  the 
honor  to  state,  that  the  body  of  troops  temporarily 
transferred  to  this  city  is  not  large,  as  is  assumed  by 
the  resolution,  though  it  is  a  well-appointed  corps 
and  admirably  adapted  for  the  preservation  of  the 
public  peace.  The  reasons  which  led  to  their  being 
assembled  here  will  now  be  briefly  stated. 

I  shall  make  no  comment  upon  the  origin  of  the 
revolution  which  for  the  last  three  months  has  been 
in  progress  in  several  of  the  Southern  States,  nor 
shall  I  enumerate  the  causes  which  have  hastened 
its  advancement  or  exasperated  its  temper.  1'he 
scope  of  the  question  submitted  by  the  House  will  be 
sufficiently  met  by  dealing  with  the  facts  as  they 
exist,  irrespective  of  the  cause  from  which  they 
have  proceeded.  That  revolution  has  been  distin 
guished  by  a  boldness,  and  completeness  of  success, 
rarely  equalled  in  the  history  of  civil  commotions. 
Its  overthrow  of  the  Federal  authority  has  not  only- 
been  sudden  and  wide-spread  but  has'  been  marked 
by  excesses  which  have  alarmed  all,  and  been  sources 
of  profound  humiliation  to  a  large  portion  of  the 
American  people.  Its  history  is  a  history  of  sur 
prises  and  treacheries,  and  ruthless  spoliations.  The 
forts  of  the  United  States  have  been  captured  and 
garrisoned,  and  hostile  flags  unfurled  upon  their 
ramparts.  Its  arsenals  have  been  seized,  and  the  vast 
amount  of  public  arms  they  contained  appropriated 
to  the  use  of  the  captors  ;  while  more  than  half  a 
million  dollars,  found  in  the  mint  at  New  Orleans, 
has  been  unscrupulously  applied  to  replenish  the 
coffers  of  Louisiana.  Officers  in  command  of  rev 
enue  cutters  of  the  United  States  have  been  prevailed 
on  to  violate  their  trusts  and  surrender  the  property 
in  their  charge  ;  and  instead  of  being  branded  for 
their  crimes,  they  and  the  vessels  they  betrayed  have 
been  cordially  received  into  the  service  of  the  seceded 
Spates.  These  movements  were  attended  by  yet  more 
discouraging  indications  of  immorality.  It  was  gen 
erally  believed  that  this  revolution  was  guided  and 
urged  on  by  men  occupying  the  highest  positions  in 
the  public  service,  and  who,  with  the  responsibilities 
of  an  oath  to  support  the  Constitution  still  resting 
upon  their  consciences,  did  not  hesitate  secretly  to 
plan  and  openly  to  labor  for  the  dismemberment  of 
the  Republic  whose  honors  they  enjoyed,  and  upon 
whose  treasury  they  were  living.  As  examples  of 
evil  are  always  more  potent  than  those  of  good,  this 
spectacle  of  demoralization  on  the  part  of  States 
and  statesmen  could  not  fail  to  produce  the  most 
deplorable  consequences.  The  discontented  and  the 
disloyal  everywhere  took  courage.  In  other  States, 
adjacent  to  and  supposed  to  sympathize  in  sense  of 
political  wrong  with  those  referred  to,  revolutionary 
schemes  were  set  on  foot,  and  forts  and  arms  of  the 
United  States  seized.  The  unchecked  prevalence  of 
the  revolution,  and  the  intoxication  which  its  tri 
umphs  inspired,  naturally  suggested  wilder  and  yet 
more  desperate  enterprises  than  the  conquest  of  un- 
garrisoned  forts  or  the  plunder  of  an  unguarded  mint. 
At  .what  time  the  armed  occupation  of  Washington 
city  became  a  part  of  the  revolutionary  programme, 
is  not  certainly  known.  More  than  six  weeks  ago 
the  impression  had  already  extensively  obtained  that 
a  conspiracy  for  the  accomplishment  of  this  guilty 
purpose  was  in  process  of  formation,  if  not  fully  m  \- 
tured.  The  earnest  endeavors  made  by  men  known 
to  be  devoted  to  the  revolution  to  hurry  Virginia 
and  Maryland  out  of  the  Union,  were  regarded  as 
preparatory  steps  for  the  subjugation  of  Washington. 
This  plan  was  in  entire  harmony  with  the  aim  and 
spirit  of  those  seeking  the  subversion  of  the  Govern 
ment,  since  no  more  fatal  blow  at  its  existence  couM 
be  struck  than  the  permanent  and  hostile  possession 
of  the  seat  of  its  power.  It  was  in  harmony  too  with 
the  avowed  designs  of  the  revolutionists,  which 
looked  to  the  formation  of  a  confederacy  of  all  tho 
lave  States,  and  necessarily  to  the  conquest  of  the 
capital  within  their  limits.  It  seemed  not  very  in 
distinctly  prefigured  in  a  proclamation  made  upon 
the  floor  of  the  Senate,  without  qualification,  if  not 
exultingly,  that  the  Union  was  already  dissolved — 4 
proclamation  which,  however  intended,  was  certainly 
calculated  to  invite,  on  the  part  of  men  of  desperate 
fortunes,  or  of  revolutionary  States,  a  raid  upon  the 
capital.  In  view  of  the  violence  and  turbulent  disor- 


82 


PROCEEDINGS    OF    THE    GOVERNMENT. 


ders  already  exhibited  in  the  South,  the  public  mind 
could  not  reject  such  a  scheme  as  at  all  improbable. 
That  a  belief  in  its  existence  was  entertained  by 
multitudes,  there  can  be  no  doubt,  and  this  belief  I 
fully  shared.  My  conviction  rested  not  only  on  the 
facts  already  alluded  to,  but  upon  information,  some 
of  which  was  of  a  most  conclusive  character,  that 
reached  the  Government  from  many  parts  of  the 
country,  not  merely  expressing  the  prevalence  of  the 
opinion  that  such  an  organization  had  been  formed, 
but  also  often  furnishing  the  plausible  grounds  on 
which  the  opinion  was  based.  Superadded  to  these 
proofs  were  the  oft-repeated  declarations  of  men  in 
high  political  positions  here,  and  who  were  known 
to  have  intimate  affiliations  with  the  revolution,  if 
Indeed  they  did  not  hold  its  reins  in  their  hands— to 
the  effect  that  Mr.  Lincoln  would  not,  or  should  not, 
be  inaugurated  at  Washington.  Such  declarations  j 
from  such  men  could  not  be  treated  as  empty  bluster. 
They  were  the  solemn  utterances  of  those  who  well 
understood  the  import  of  their  words,  and  who,  in 
the  exultation  of  the  temporary  victories  gained  over 
their  country's  flag  in  the  South,  felt  assured  that 
events  would  soon  give  them  the  power  to  verify 
their  predictions.  Simultaneously  with  these  pro 
phetic  warnings,  a  Southern  journal  of  large  circula 
tion  and  influence  and  which  is  published  near  the 
city  of  Washington,  advocated  its  seizure  as  a  pos 
sible  political  necessity. 

The  nature  and  power  of  the  testimony  thus  accu 
mulated  maybe  best  estimated  by  the  effect  produced 
upon  the  popular  mind.  Apprehensions  for  the  safety 
of  the  capital  were  communicated  from  points  near 
and  remote,   by  men  unquestionably    reliable    and 
loval.     The  resident  population  became  disquieted, 
and  the  repose  of  many  families  in  the  city  was 
known  to  be  disturbed  by  painful  anxieties.     Mem 
bers  of  Congress  too,  men  of  calm  and  comprehensive 
views   and  of  undoubted  fidelity  to  their  country, 
frankly  expressed  their  solicitude  to  the  President  | 
and  to  this   Department,  and  formally  insisted  that  j 
the  defences  of  the  capital  should  be  strengthened,  j 
With  such  warnings,  it  could  not  bn  forgotten  that, 
hnd  the  late  Secretary  of  War  heeded  the  anonymous 
letter  which  he  received,  the  tragedy  at   Harper's 
Ferry  would  have  been  avoided  ;  nor  could  I  fail  to  I 
remember  that,  had  the  early  admonitions  which  ' 
reached  here  in  regard  to  the  designs  of  lawless  men 
upon  the  forts  of  Charleston  harbor  been  acted  on  by 
sending  forward  adequate  reinforcements  before  the 
revolution  began,  the  disastrous  political  complica 
tions  that  ensued  might  not  have  occurred. 

Impressed  by  these  circumstances  and  considera 
tions,  I  earnestly  besought  you  to  allow  the  concen 
tration  at  this  city  of  a  sufficient   military  force  to 
preserve  the  public  peace  from  all  the  dangers  that 
seemed  to  threaten  it.    An  open  manifestation  on  the 
part  of  the   Administration  of  a  determination,  as 
well  as  of  the  ability,  to  maintain  the  laws,  would. 
I  was  convinced,  prove  the  surest,  as  also  the  most 
pacific   means  of   battling  and  dissolving  any  con 
spiracy  that  might  have  been  organi/.ed.     It  was  be 
lieved;  too,  that  the  highest   and  most  solemn  re 
sponsibility  resting  upon  a  President,  withdrawing 
from  the  Government,  was  to  secure  to  his  successor 
a  peaceful  inauguration.     So  deeply  in  my  judgment 
did  this  duty  concern  the  whole  country,  and  the  fair 
fame  of  our  institutions,  that  to  guarantee  its  faithful 
discharge  I  was  persuaded  no  preparation  could  be 
too  determined  or  too  complete.     The  presence  of 
the  troops  alluded  to  in  the  resolution   is  the  result 
of  the  conclusion  arrived  at  by  yourself  and  Cabinet, 
on  the  proposition  submitted  to  you  by  this  Depart 
ment.     Already  this  display  of  life  and  loyalty  on 
the  part  of  your   Administration  has  produced  the 
happiest  effects.    Public  confidence  has  been  restored, 
and  the  feverish  apprehension  which  it  was  so  mor- 
tifving  to  contemplate  has  been  banished.    Whatever 
m.'iy  have  been  the  machinations  of  deluded,  lawless 
men,  the  execution  of  their  purpose  has  been  sus 
pended,   if  not  altogether    abandoned,  in    view  of 
preparations   which    announce,   more    impressively 
than  words,  that   this  Administration  is   alike  able 
and   resolved  to  transfer  in  peace,  to  the  President 
elect,  the  authorityythat  under  the  Constitution  be 
longs  to  him.     To  those,  if  such  there  be,  who  desire 
the  destruction   of  the   Republic,   the   presence   of 
these  troop*  is  necessarily  offensive  :  but  those  who 
sincerely  love  our  institutions  cannot  fiiil  to  rejoice 
that  by  this  timely  precaution  they  have  possibly 
escaped  the   deep  dishonor  which   they   must   have 
suffered  had  the  capital,  like  the  forts  and  arsenals 
of  the  South,  fullen  into  the  hands  of  the  revolution 
ists   who  have  found  this  great  Government  weak 
ouly  because  in  the  exhaustless  beneficence  of  its 


spirit  it  has  refused  to  strike,  even  in  its  own  de 
fence,  lest  it  should  wound  the  aggressor. 

I  have  the  honor  to  be,  very  respectfully,  your 
obedient  servant,  J.  HOLT, 

The  President.  Secretary  of  War. 

ON      THE      DISPOSITION     OF      UNITED      STATES 
VESSELS. 

February  21st.  Mr.  DAWES  from  the  com 
mittee  made  a  report  upon  the  fourth  item 
of  investigation,  turn ishirm'  these  statements1. 

Dismantled  ships 28,  mounting  874  guns; 
none  could  be  repaired  under  several  we?ks, 
and  many  would  require  six  months.  No 
orders  have  been  issued  to  put  any  of  them 
in  readiness. 

The  vessels  in  the  East  India.  Brazil, 
Pacific,  Mediterranean,  African,  and  Home 
Squadrons  are  named,  with  those  on  special 
service,  and  on  the  way  to  stations,  and  the 
committee  then  say : 

That  the  entire  naval  force  available  for  the  de 
fence  of  the  whole  Atlantic  coast,  at  the  time  of  the 
appointment  of  this  committee,  consisted  of  the 
steamer  Brooklyn,  twenty-five  guns,  and  the  store- 
ship  Relief,  two  guns  ;  while  the  former  was  of  too 
great  draught  to  permit  her  to  enter  Charleston  har 
bor  with  safety,  except  at  spring  tides,  and  the  latter 
was  under  orders  to  the  coast  of  Africa  with  stores 
for  the  African  squadron.  Thus  the  whole  Atlantic 
seaboard  has  been  to  all  intents  and  purposes  with 
out  defence  during  all  the  period  of  civil  commotion 
and  lawless  violence,  to  which  the  President  has 
called  our  attention  as  "of  such  vast  and  alarming 
proportions"  as  to  be  beyond  his  power  to  check  or 
control. 

It  further  appears  that  of  the  vessels  which  might 
have  been  available  for  protection  or  defence  in  case 
of  any  sudden  emergency  arising  at  home,  now  nt 
stations  in  distant  seas,  or  on  the  way  thither,  on  the 
13th  of  October  last  the  Richmond  left  our  coast  to 
join  the  Mediterranean  squadron  ;  the  Vandalia  left 
on  the  21st  of  December  to  join  the  East  India  squad 
ron  ;  and  about  the  same  time  the  Saratoga  to  join 
the  African  squadron,  and  others  to  join  the  Home 
squadron,  then  in  the  harbor  of  Vera  Cruz  supporting 
one  of  the  revolutionary  governments  of  Mexico. 
******** 
To  the  Committee,  this  disposition  of  the  naval 
force  at  this  critical  time  seems  most  extraordinary. 
The  permitting  of  vessels  to  depart  for  distant  seas 
after  these  unhappy  difficulties   had  broken  out  at 
home  ;  the  omission  to  put  in  repair,  and  commission 
I  ready  for  orders,  a  single  one  of  the  twenty-eight 
:  ships  dismantled  and  unfit  for  service  in  our  own 
|  ports,  and  that  too  while  $646.639.79  of  the  appropri- 
I  ations  for  repairs  in  the  Navy  the  present  year  re- 
1  mained  unexpended,  were  in  the  opinion  of  the  oom- 
'  mittee  grave  errors  in  the  administration  of  the  Navy 
I  Department— the  consequences  of  which  have  been 
j  manifest  in  the  many  acts  of  lawless    violence   to 
i  which  they  have  called  attention.     The  Committee 
I  are  of  opinion  that  the  Secretary  had  it  in  his  power, 
with  the  present  naval  force  of  the  country  at  his 
command,    and    without    materially   impairing    the 
'•  efficiency  of  the  service  abroad,  at  any  time  after  the, 
S  settled  purpose  of  overthrowing  the  government  had 
become  manifest,  and  before  that  purpose  had  de- 
!  veloped  itself  in  overt  acts  of  violence,  to  station  at 
anchor,  within  reach  of  his  own  orders,  a  force  equal 
to  the  protection  of  all  the  property  and  all  the  rights 
',  of  the  government  and  the  citizen,  as  well  as  the  fl:ig 
I  of  the  country,  from  any  outrage  or  insult,  at  any 
!  point  on  the  entire  Atlantic  seaboard.     The  failure 
j  to  do  this  is  without  justification  or  excuse. 

The   committee   proceed    respecting   the 
acceptance  of  resignations  in  the  navy  : 

The  attention  of  the  Committee  was  also  drawn  to 
j  the  resignations  which  have  taken  place  among  the 
!  officers  in  the  Navy,  caused  by  the  political  troubles 
!  in  which  the  country  is  now  involved,  and  the  course 
pursued  by  the  Navy  department  in  reference  thereto. 
It  will  appear  from   a  "List  of  resignations"  fur 
nished  by  the  Department,  and  which  accompanies 
1  this    report,    that    since    the    election    twenty-nine 
i  officers   in   the  Navy,  citizens  of  the  southern  dis- 


PROCEEDINGS    OF    THE    GOVERNMENT. 


83 


affected  States,  have  tendered  their  resignations  to 
•the  Secretary,  all  of  which  have  been  forthwith  and 
without  inquiry  accepted  by  him.  The  circumstances 
under  which  these  resignations  have  been  received 
and  accepted,  and  the  effect  of  that  acceptance,  de 
serves  especial  notice.  That  these  officers  have 
sought  to  resign  and  relieve  themselves  from  the  ob 
ligation  to  the  government  imposed  by  their  commis 
sions,  because  of  disaffection,  and  a  desire  to  join, 
*nd  in  many  instances  to  lead  insurgent  forces  against 
that  government,  is  notorious.  One  of  them,  Lieut. 
J.  R.  Hamilton,  a  citi/en  of  South  Carolina,  forwarded 
has  resignation  from  on  board  the  Wyoming,  at  Pan 
ama,  dated  December  1st,  1860.  It  did  not  reach  the 
Department  until  the  15th  of  the  same  month,  and 
without  inquiry  into  his  conduct,  his  purpose  in  re 
signing,  his  loyalty,  or  any  circumstances  connected 
with  so  unusual  a  proceeding  at  such  a  time,  his 
resignation  was  accepted  the  same  day.  He  imme 
diately,  from  Charleston,  South  Carolina,  issued  a 
letter  addressed  to  all  the  officers  in  the  Navy  from 
Southern  States,  urging  them  to  resign  and  join  a 
hostile  force  against  the  government,  and  that  those 
of  them  in  command  should  bring  Avith  them  their 
vessels  into  Southern  ports  and  surrender  them  to 
the  traitors  already  in  arms,  taking  new  commissions 
under  their  authority,  and  then  turning  their  guns 
upon  their  own  flag. 

Such  conduct  is  nothing  less  than  treason,  and  has 
no  parallel  since  the  attempt  of  Benedict  Arnold  to 
deliver  over  important  military  posts  to  the  enemies 
of  his  country.  Had  the  Secretary  declined  to  accept 
the  resignation  thus  tendered,  this  man  would  have 
been  subject  to  the  trial  and  punishment  of  a  court- 
martial,  according  to  the  rules  which  govern  the 
service,  and  would  have  met  the  fate  of  a  traitor. 
This  extraordinary  letter  was  published  throughout 
the  United  States.  After  its  circulation  in  the  public 
prints  in  Washington. V.  M.  Randolph,  a  captain  in 
the  Navy,  a  citizen  of  Alabama,  who  had  been  ex 
cused  from  active  service  for  two  or  three  years,  be 
cause  of  alleged  ill-health,  on  the  10th  of 'January, 
1861,  forwarded  from  Montgomery,  Alabama,  his 
resignation  to  the  Secretary.  Before  twelve  o'clock 
at  noon  of  the  12th,  and  before  his  resignation  had 
reached  Washington,  and  while  he  was  still  a  cap 
tain  in  the  Navy,  he  appeared  at  the  gates  of  the 
Pensacola  navy-yard,  in  Florida,  at  the  head  of  an 
insurgent  force,  and  demanded  its  surrender.  The 
yard,  with  whatever  of  force  it  had  and  the  United 
States  stores  and  other  property  to  a  vast  amount 
therein,  was  unconditionally  surrendered  to  him ; 
and  he  is  now  its  commandant,  occupying  the  quar 
ters  of  its  late  commandant,  and  granting  paroles  of . 
honor  to  such  of  his  prisoners  of  war  as  have  desired 
to  depart,  and  not  serve  under  him.  The  despatch 
from  the  late  commandant,  then  a  prisoner  of  war, 
informing  the  Secretary  of  this  ignominious  surren 
der,  was  received  at  the  Department  on  the  evening 
of  the  13th  of  January ;  and  the  resignation  of  Cap 
tain  Randolph,  who,  on  the  12th.  was  the  leader  of  the 
insurgents,  did  not  reach  the  Secretary  till  the  14th, 
when,  without  inquiry  or  delay,  it  was  immediately 
accepted. 

E.  Farrand,  commander  in  the  Navy,  and  also  a 
citizen  of  Alabama,  was  the  second  in  command  at 
the  Pensacola  navy-yard,  the  executive  officer  of  the 
yard.     When  the  attack  was  made  upon  the  yard, 
Farrand  met  the  assailants  at  the  gates  by  previous 
understanding,  admitted  them  to  the  yard,  and  con 
ducted  their  leader  to  the  commanding  officer,  parti 
cipated  in  the  formal  capitulation,  and  immediately 
engaged  in  service  under  the  new  commandant  of  the 
yard.     This  was  done  while  he  still  held  in  his  pos-  ' 
sessiuu  his  commission  as  a  commander  in  the  Navy. 
On  the  13th  or  15th  of  January,  (the  Department  does 
not  know  which,)  Farrand  forwarded  his  resignation  ; 
to  the  Secretary.but  it  did  not  reach  him  till  the  21st  ; 
of  th<>  same  month,  seven  days  after  official  notice  of  '• 
the  surrender  had  been  received  at  the  Department. 
Yet  this  resignation  was  immediately,  and  without  ! 

.inquiry,  accepted. 

F.  B.  Renshaw,  a  lieutenant  in   the  Navy,  and  a  i 
citizen  of  Florida,  was  the  first  lieutenant  of  the 
yard,  and  actively  engaged  in  securing  its  surrender,  i 
It  was  by  his  order  that  the  flag  was  hauled  down 
amid  the  jeers  and  shouts  of  a  drunken  rabble.     He 
immediately  enrolled  himself  under  the  leader  of  the 
insurgents,  and  present  commandant  of  the  yard,  and 
from  the  day  of  its  surrender  has  continued  under 
him  to  discharge  the  duties  of  first  lieutenant,  as  be-  : 
fore  under  the  United  States.     Yet  he  continued  to 
hold  his  commission  as  a  lieutenant  in  the  Navy  till 
the  16th  of  January,  and  the  resignation  did  not  reach 


i  the  Secretary  until  the  22d,  when,  like  the  others,  it 
was,  without  inquiry  or  delay,  accepted. 

The  conduct  of  these  officers  plainly  comes  within, 
the  constitutional  definition  of  treason  against  the 
United  States,  namely :  "  Levying  war  against  them, 
or  in  adhering  to  their  enemies,  giving  them  aid  ana 
comfort.''  And  so  long  as  their  resignations  were 
unaccepted  by  the  Secretary,  they  could  be  tried  and 
punished  by  a  court-martial  as  traitors.  From  this 
they  have  been  relieved  by  the  Secretary  himself.  To 
have  done  this  with  a  knowledge  of  their  acts,  would 
have  been  to  have  involved  himself  in  their  crime; 
would  have  been  to  have  committed  treason  himself. 
To  have  done  it  without  inquiry,  and  without  reason 
to  know  that  they  have  committed  no  offence,  shows 
a  want  of  that  solicitude  for  the  honor  and  efficiency 
of  the  service  which  is  indispensable  to  its  just  ad 
ministration.  Yet  the  resignation  of  Farrand  and 
Renshaw,  and  also  those  of  the  other  officers  resign 
ing  at  the  Pensacola  navy-yard,  were  all  received 
and  accepted  after  the  Secretary  had  already  been  offl- 
I  cially  informed  that  they  had  surrendered  to  a  law 
less  band  of  insurgents,  and  he  had  detached  them  to 
await  orders, /having  "neither  approved  nor  disap 
proved  of  their  conduct,  and  not  proposing  to  do  so, 
without  full  information  touching  their  conduct  in 
the  surrender  of  the  yard."  Why,  after  having  been 
thus  warned,  and  having  taken  his  position,  the  Secre 
tary  did  not  wait  for  this  "information,'' the  com 
mittee  cannot  understand. 

Several  other  resignations  of  officers  who  do  not 
appear  to  have  engaged  in  actual  war  against  the 
United  States  before  tendering  the  same,  were  never 
theless  accepted  by  the  Secretary,  with  an  unneces 
sary  haste  which  neither  the  purpose  of  the  resigna 
tion  nor  the  times  would  justify  or  excuse.  Some  of 
them  were  even  accepted  by  telegraph,  when  it  was 
perfectly  apparent  that  the  object  in  resigning  was  to 
relieve  themselves,  as  early  as  possible,  from  embar 
rassment  and  the  obligation  of  the  oath  of  office,  as 
well  as  summary  trial  and  punishment  by  a  court- 
martial,  previous  to  joining  insurgent  forces  against 
the  constituted  authorities  of  their  country.  These 
resignations,  thus  accepted,  have  been  followed  by 
immediate  engagement  in  a  service  hostile  to  the 
Government. 

One  man,  holding  the  office  of  civil  engineer  in  the 
Pensacola  navy-yard  at  the  time  of  its  surrender, 
forwarded  his  resignati-on  on  that  day  to  the  Secre 
tary,  inclosed  in  a  letter  to  Senator  Ma'llory,  in  which 
he  expressly  states  the  reason  of  his  resignation  to 
be  because  he  is  prevented  from  acting  against  the 
Government  by  the  obligations  of  his  commission. 
The  letter  of  resignation,  and  the  one  inclosing  it 
stating  this  reason,  were  both  laid  before  the  Secre 
tary  on  the  24th  of  January ;  yet  the  Secretary  not 
only  accepted  the  resignation  at  once,  and  thus  re 
lieved  him  from  the  obligation  imposed  on  him  by  his 
commission  not  to  act  against  the  Government,  but 
caused  the  acceptance  to  take  effect  "from  the  12th 
of  January,  the  day  of  the  surrender  of  the  yard," 
twelve  days  anterior  to  the  time  ofits  date.  The  reason 
given  for  thus  making  this  acceptance  retroactive  in 
its  effect,  namely,  to  stop  his  pay  from  that  time,  did 
not  appear,  under  any  extraordinary  circumstances  by 
I  which^it  was  surrounded,  at  all  satisfactory  to  the 
j  commi'ttee. 

The  resignation  of  the  officer  in  charge  of  the  ma- 
j  rine  hospital  at  Pensacola  was  accepted  by  telegraph, 
i  and  he  was  thereby  enabled  to  take  upon  himself 
j  the  same  position  under  the  insurgent  force  without 
:  a-ny  interruption.     And  that  of    Lieutenant    R.  T. 
,  Chapman,  dated  on  board  the  Brooklyn,  when  ab«ut 
to  sail  under  orders,  was  likewise  accepted  by  tele 
graph,  and  he  was  thus  relieved  of  any  inconvenience 
he  would  otherwise  have  experienced  irf  being  car 
ried  to  sea  against  his  wishes. 

The  course  pursued  by  the  Secretary,  in  thus  accept 
ing  these  resignations,  appears,  under  the  circum 
stances,  to  be  most  extraordinary.  No  custom  of  the 
Department,  in  ordinary  times,  could  justify  it.  No 
want  of  confidence  in  the  loyalty  of  these  officers  can 
excuse  it;  for.  if  their  previous  conduct  had  justified 
any  such  suspicion,  it  also  demanded  investigation 
beforehand,  which  would,  as  to  some  of  them,  have 
disclosed  to  the  Secretary  their  complicity  in  trea 
son,  calling  for  court-martial  rather  than  honorable 
discharge.  A  prudent  regard  for  the  public  safety 
would  no  doubt  have  justified,  if  not  imperiously  de 
manded,  that  some  of  these  officers  should  have  been 
early  removed  from  delicate  and  responsible  posi 
tions  of  trust,  by  the  substitution  of  others  more  re 
liable.  But  these  very  considerations  appear  to  the 
committee  to  have  forbidden  the  furnishing  of  any 


PROCEEDINGS   OF   THE    GOVERNMENT. 


such  facilities  for  engaging  in  hostilities  against  the 
Government,  as  the  relief  from  the  summary  trial  and 
punishment  of  a  court-martial,  secured  by  an  acceptance 
of  their  resignations. 

The  coarse  pursued  hy  the  Secretary  has  resulted  in 
faroUhlng  those  engaged  in  an  attempt  "to  overthrow  the 
Government,  with  the  skill,  experience,  and  discipline 
which  education  at  the  expense  of  the  Government,  and  a 
long  service  in  the  Navy  have  conferred  upon  our  own 
officers.  The  committee  cannot  understand  how  this 
course  is  consistent  with  a  proper  discharge  of  the  duties 
of  his  office  by  the  Secretary,  in  this  critical  juncture  of 
affairs,  it  appears  to  them  to  have  been  attended  with 
consequences  the  most  serious  to  the  service  and  the  coun 
try  Tlu>y  cau  find  no  excuse  or  justification  in  the  claim 
set  up  in  behalf  of  the  Secretary,  that  these  resignations 
have  beeu  accepted  in  ignorance  of  any  misconduct,  for 
no  resignation  should  »t  any  time  be  accepted  until  there 
is  reason  to  know  at  least  that  the  officer  tendering  it  had 
been  guilty  of  no  unofficerlike  conduce  deserving  a  court- 
martial. 

But  the  circumstances  connected  with  these  resigna 
tions,  the  apparent  purpose  for  which  they  were  made,  and 
the  hostile  attitude  which  the  manner  of  their  tender 
clearly  disclosed,  called  upon  the  Secretary  to  refrain 
from  that  haste  in  their  acceptance  which  permitted  of 
neither  delay  nor  inquiry.  The  committee  cannot  approve, 
but  are  compelled  to  condemn  such  a  failure  in  the  dis 
charge  of  public  dury,  and  they  therefore  recommend  the 
adoption  of  the  following  resolution  : 

Rfjiolvf.fi,  That  the  Secretary  of  the  Navy,  in  accepting 
without  delay  or  inquiry,  the  resignations  of  officers  of 
the  Navy,  who  were  in  arms  against  the  Government 
when  tendering  the  same,  and  of  those  who  sought  to  re 
sign,  that  they  might  be  relieved  from  the  restraint  im 
posed  by  their  commissions  upon  engaging  in  hostilities 
to  the  constituted  authorities  of  the  nation,  has  com 
mitted  a  grave  error,  highly  prejudicial  to  the  discipline 
of  the  service,  and  injurious  to  the  honor  and  efficiency 
of  the  Navy,  for  which  he  deserves  the  censure  of  thi's 
House. 

Mr.  BRANCH  made  a  minority  report,  as 

follows  : 

An  examination  of  the  table  accompanying  the  report, 
marked  "  List  of  the  vessels  of  the  United  States  Navy  in 
commission  on  the  Kith  of  January,  1861,"  will  disclose  the 
fact  that,  so  far  from  there  being  any  ground  to  believe  that 
the  ships  of  the  Navy  have  been  purposely  placed  out  of 
reach,  the  foreign  squadrons  are  unusually  weak,  in  pro 
portion  to  the  whole  force  of  the  Navy,  and  the  home 
squadron  unprecedented!}-  strong.  In  his  annual  report  of 
3d  December,  1857,  the  Secretary  of  the  Navy  said  : 

"  The  home  squadron,  under  the  command  of  its  flag- 
officer,  Hiram  Paulding,  has  consisted  of  the  steam-frigates 
Wabash  and  lioanoke,  the  sloops-of-war  Saratoga  and  Cy- 
ane,  and  the  war  steamers  Susquehanna  and  Fulton.  The 
unsatisfactory  state  of  affairs  in  New  Grenada  and  portions 
of  Central  America  required  the  increase  of  this  squadron, 
and  the  almost  constant  presence  of  a  considerable  force  in 
the  neighborhood,  both  in  the  Atlantic  and  the  Pacific." 

From  which  it  will  be  seen  that,  at  that  time,  six  ships 
were  considered  so  large  a  force  for  the  home  squadron  as 
to  call  for  an  explanation  from  Congress. 

The  same  squadron,  on  the  16th  of  January,  1861,  con 
sisted  of  eleven  ships,  of  which  seven  were  steamers;  of  the 
eleven,  eight  were  on  the  coast,  or  under  orders  for  the 
coast,  and  have  since  arrived.  It  is  difficult  to  perceive 
from  what  portion  of  the  testimony  the  committee  have 
reached  the  conclusion  that  the  only  ships  available  for  the 
defence  of  the  coast  are  the  Brooklyn  ami  one  other.  It  is 
true,  they  were  on  the  16th  of  January  the  only  vessels  in 
our  harbors  ;  but  the  House  need  not  be  informed  that  ves 
sels  in  commission  are  not  allowed  to  lie  idle  in  the  harbors, 
but  are  required  to  cruise  on  their  stations,  coming  in 
occasionally  for  supplies  and  for  orders.  The  home  squad 
ron,  as  its  name  imports,  is  mainly  intended  to  guard  and 
protect  our  own  coasts,  and  on  comparatively  short  notice 
it  could  be  concentrated  for  service  at  a  given'  point. 

It  will  be  scon  from  the  abstract  of  orders  issued  from 
the  Navy  Department,  furnished  to  the  committee,  and 
dated  '24th  January,  that 'not  a  single  ship  has  been  ordered 
to  any  foreign  station  since  the  date  of  the  Presidential 
election;  every  order  since  that  date  has  been  to  increase 
1  he  force  at  home.  ^ 

The  second  ground  on  which  the  committee  condemn  the 
aclion  of  the  Secretary  is,  that  a  large  number  of  ships  are 
dismantled  and  not  ready  for  immediate  service. 

It  is  well  known  that,  from  the  very  nature  of  the  ser 
vice,  only  a  portion  of  even  the  serviceable  ships  can  be 
kept  in  commission.  In  the  midst  of  a  foreign  war  with  a 
naval  power,  some  of  the  vessels  of  the  Nnvy  will  always 
bo  in  ordinary.  There  is  nothing  in  the  testimony  to  show 
that  the  number  in  ordinary  at  the  present  time  is  unusu 


ally  large.  If.  however,  it  is  unusually  large,  Doth  th» 
testimony  and  the  records  of  the  House  furnish  &.  sufficient 
reason  for  it.  It  is  stated  in  the  following  extract  from  the 
paper  already  alluded  to,  dated  2Jth  January  : 

"2.  All  the  vessels  above  named,  except  the  Pawnee  and 
the  Constitution,  are  dismantled.  Vessels  of  war  are  nearly 
always  dismantled  immediately  after  their  arrival  in  porr, 
at  the  termination  of  a  cruise.  It  is  also  customary  to 
commence  repairing  them  as  soon  as  possible  after  their 
return,  if  the  appropriations  and  other  work  will  permit. 
The  appropriations  were  reduced  $1,000,000  below  the  esti 
mates  of  the  Department ;  and  of  the  whole  sum  appro 
priated  ($1,523,000)  for  repairs,  etc.,  for  the  fiscal  year  end 
ing  June  30, 1S61,  there  remained  on  the  1st  January,  the 
close  of  the  first  half  of  the  fiscal  year,  the  sum  of  $C46,639.7fr 
for  the  remaining  half." 

The  Secretary  stated  to  the  Committee  that  he  deemed  it 
his  duty  to  conform  to  the  action  of  Congress,  and  that  in 
addition,  having  already  expended  more  than  half  the  ap 
propriation  in  half  the  year,  he  did  not  think  it  just  to  hi* 
successor  that  he  should  continue  expenditures  until  4th 
March  on  the  same  scale,  much  less  to  increase  them. 

A  large  majority  of  the  members  of  this  House  voted  at 
the  last  session  to  reduce  the  appropriation;  and  of  course 
those  who  thus  voted  will  not  unite  with  the  committee  in 
censuring  the  Secretary  for  the  inevitable  consequence  of 
their  own  act. 

Another  equally  satisfactory  reason  for  not  placing  more 
ships  in  commission,  is  found  in  the  letter  of  24th  January. 
as  follows : 

"  The  other  vessels  mentioned  in  the  list  have  not  been 
•put  in  condition  for  immediate  service  within  the  l:wt 
month,  because  the  number  of  vessels  in  commission  i* 
governed  by  the  numerical  strength  of  the  officers  and  sea 
men  of  the  Navy." 

And  again,  in  a  communication  from  the  Navy  Depait- 
!  ment  dated  February  4th,  1861 : 

"In  reply  to  the  second  inquiry,  there  are  enough  cap 
tains,  commanders,  surgeons,  chaplains.  In  the  other  grade* 
there  are  not,  nor  is  there  a  sufiic^nt  number  of  seamen.'' 

It  will  be  remembered  that  tho  number  of  both  orhVi-rs 
and  seamen  to  be  employed  is  limif»d  by  law,  and  the  Sec 
retary  of  the  Navy  cannot  exceed  that  limit. 

The  Secretary  deserves  no  censure ;  but  should  receiva 
the  highest  commendation  for  inflexibly  obeying  the  law  in 
the  administration  of  bis  Department.  Every  attempt  it 
retrenchment  and  economy  is  defeated  because  heads  of 
Departments  will  not  themselves  conform  to  the  law  ami 
compel  their  subordinates  to  do  the  same.  The  facility  with 
which  Congress  supplies  deficiencies  cresitcd  by  disregarding 
the  law,  has  encouraged  such  practices:  ami  it  would  be 
mournful  indeed,  if  in  the  first  well-authenticated  case  in 
which  ahead  of  Department  has  faithfully  and  sternly  con 
formed  his  expenditures  to  so  radical  a  reduction  of  hi* 
estimates,  the  officer  should  receive  a  vote  of  censure  in 
stead  of  a  vote  of  thanks. 

The  Navy  seems  to  have  been  adequate  for  all  the  de 
mands  made  upon  it  by  the  wise  and  pence-preserving 
policy  of  the  President.  If  tho  President  who  goes  into 
office  on  the  4th  March  desires  to  engage  in  civil  war.  he 
will  have  an  ample  naval  force  with  which  to  begin,  even 
so  early  at»  the  5th  of  March:  and  there  will  probably  b<* 
abundant  time  for  increasing  it  before  the  war  closes. 

II.   RESIGNATION  OF  OFFICERS. 

A  list  of  all  the  officers  of  the  Navy  who  have  resigned, 
between  the  llth  of  November  and  the  24th  January.  W!t.< 
furnished  to  the  Committee,  and  the  chief  clerk  of  tho 
Navy  Department  was  fully  examined  as  to  the  circum 
stances  attending  each  resignation.  The  whole  number  was 
fifty-six,  including  eleven  from  the  Naval  Academy. 

It  is  known  that  in  m::ny,  if  not  most  of  these  cases,  the 
I  officers,  in  resigning,  have  not  only  given  up  an  honorable 
profession  for  which  alone  they  were  fitted  by  education  ainl 
habits,  but  have  reduced  themselves  and  families  to  penury. 
Some  powerful  motive  must  have  actuated  them.  If  it  w  •* 
selfish,  let  any  one  point  out  a  p<>ssible  advantage  they 
could  promise  themselves  personally.  It  could  not  be  that 
they  aimed  to  recommend  themselves  to  the  favor  und 
patronage  of  the  southern  confederacy,  for  that  government 
dous  not  possess  a  ship,  and  cannot,  for  a  long  time,  provide 
itself  with  a  navy.  \Vhen  it  has  done  so,  it  cannot  l>e  ex- 
ppcted  that  tho  officers  will  be  in  any  better  situation  with 
reference  to  their  personal  interests  ttian  they  would  have 
been  if  they  had  remained  in  the  Navy  of  the  United 
States. 

It  is  evident  that  in  resigning  they  have  been  actuated 
by  a  high  sense  of  duty  to  the  States  of  which  they  were 
respectively  citizens;  and  that,  in  the  time  and  manner  of 
tendering  their  resignations,  they  have  consulted  a  nice 
sense  of  honor.  In  a  frw  instances  they  have  engaged  in 
the  military  service  of  their  Stutes  ;  but  not  until  tlu-y  had 
resigned  their  commissions  in  the  Navy  of  the  United  States. 
In  no  instance  does  it  appear  that  one  of  them  hns  be 
trayed  the  trust  reposed  in  him  by  this  government,  of 


PROCEEDINGS   OF   THE    GOVERNMENT. 


85 


-an-^iged  in  any  hostile  service  until  he  had  discharged  him-  hie  confusion.  No  consideration  of  convenience,  nor  the 
self  of  all  the  responsibilities  imposed  by  his  commission,  maintenance  of  any  mere  system  of  business,  should  be- 
The  tiytimony  taken  before  the  committee,  partial  and  lim-  ,  allowed  to  interfere  with  the  substantial  demands  of  justice 
Ued  a->  it  is  mi  this  ;><>int,  is  confidently  appealed  to  for  the  |  and  public  interest.  But  in  the  absence  of  any  reason  for 

deviating  from  the  usual  course  (and  the  undersigned  says 
confidently  that  in  the  present  case  no  such  reason  existed), 
the  head  of  an  Executive  Department  is  not  censurable  ibr 


•correctness  of  this  statement. 

The  undersigned  would  gladly  pursue  this  subject,  grate 
ful  as  it  is  to  him  to  vindicate,  against  tb<»  very  harsh  asper- 


ast  upon  them  by  the  committee,  the-  characters  of  i  requiring  all  its  business  to  be  regularly  and  promptly  des 


the  honorable  body  of  men  who  have  so  long  and  so  gal 
lantly  borne  the  flag  of  the  Republic.  But  it  is  foreign  to 
the  inquiry  the  committee  were  instructed  to  make,  and 
will  fur  that  reason  be  dismissed,  except  in  so  far  as  it  is  the  j 
basis  of  the  resolution  reported.  The  censure  of  the  Sec 
retary  seems  to  be  based  principally,  if  not  entirely,  on  his 
acceptance  of  the  resignations  of  Captain  Randolph  and  the 
two  lieutenants  on  duty  at  the  Pensacola  navy-yard  at  the 
time  of  its  surrender. 

Captain  Randolph's  resignation  was  dated  at  Montgomery, 
Alabama,  on  the  10th  of  January,  was  received  at  the  De 
partment  on  the  14th,  and  accepted  on  the  14th.     The  Pen- 
sacola  navy-yard  was  surrendered  on  the  12th.  and  Captain  |      YEAS— Messrs.  Charles  F.  Adams,  Aldnch,  Alley,  Ashley, 
Armstrong  immediately  sent  the  following  telegraphic  des-  I  Beale,  Bingham,  Blair,  Blake,  Brayton,  Buffinton,   Burlin- 


patched. 

The  undersigned  can  find  in  the  testimony  nothing  to 
detract  from  the  high  reputation  always  borne  by  the  pres 
ent  Secretary  for  integrity  and  patriotism:  and  therefore 
I  cannot  concur  with  the  committee  in  recommending  the 
passage  of  a  resolution  of  censure. 

March  2d.  The  resolution  appended  to  the 
majority  report,  was  agreed  to — yeas  95, 
nays  62,  as  follows  : 


game,  Butterfield,  Campbell,  Carey,  Carter,  Case,  Cobiirn, 
Colfax,  Conway,  Covode,  H.  Winter  Davis.  Dawes,  Delano, 
Duell,  Edgerton,  Edwards,  Eliot,  Ely.  Farnsworth,  Fenton, 
French,  Gooch,  Grow,  Gnrley,  Hale,  Haskin,  Helmick,  Wm. 
A.  Howard,  Humphrey,  Ilutchins,  Irvine,  Junkin,  Francis 
W.  Kellogg,  Win.  Kellogg,  Kenyon,  Killin-er.  De  Witt  C. 
Leach,  Lee,  Longnecker,  Lovejoy,  Marston,  McKean,  Mo- 
Knight,  McPhersou,  Millward,  Moorheud,  Merrill,  Edward 
Joy  Morris,  Isaac  N.  Morris,  Nixon,  Oliri.  Palmer,  Perry, 
Pettit,  Potter,  Pottle,  Edwin  R.  Reynolds,  Rice,  Chriato- 


patch,  which  was  received  by  the  Secretary  of  the  Navy  on 

the  13th,  at  eight  o'clock,  P.M.  : 

Hon.  Isaac  Toitcey,  Secretary  of  the  Navy  : 

Commissioners  appointed  by  the  Governor  of  Florida,  with 
u  regiment  of  armed  men  at  the  gate,  demanded  the  sur 
render  of  this  navy-yard,  having  previously  taken  posses 
sion  of  the  magazines.  I  surrendered  the  place  and  struck 
my  flag  at  half-past  one  o'clock  this  day.  The  store-ship 
.Supply  sailed  for  Vera  Cruz  the  moment  the  yard  flag  was 
lowered.  JAMES  ARMSTRONG, 

Captain  U.  8.  Navy,  late  Commandant  Navy  Yard. 

The  testimony  shows  that  this  was  the  only  information 
received  by  the  Department  previous  to  the  2'4th. 

It  is  evident,  from  this  statement  of  facts  and  dates,  that 
at  the  time  Captain  Randolph's  resignation  was  accepted, 
and  for  at  least  ten  days  thereafter,  the  Department  was 
totally  ignorant  of  his  participation  in  the  Pensacola  expe 
dition.  Even  if  we  were  at  liberty  to  infer  that  the  Secre 
tary  had  seen  his  name  connected  with  the  expedition  in 
the  newspapers  earlier  than  the  24th,  we  cannot  suppose 
that  it  had  been  seen  before  the  14th,  the  day  on  which  the 
resignation  was  accepted,  for  it  would  be  impossible  for 
•even  flying  newspaper  reports  to  reach  this  city  from  Pen 
sacola  in  so  short  a  time.  Lieutenant  Farrand,  who  was 
first  lieutenant  and  executive  officer  of  the  navy-yard,  re 
signed  on  the  13th  January,  and  his  resignation  was  ac- 
<;epted*on  the  21st.  Lieutenant  Renshaw  resigned  on  the 
16th,  and  it  was  accepted  on  the  22d. 

The  testimony  discloses  nothing  on  which  the  Secretary 
could  have  refused  to  accept  these  resignations,  if  all  the 
testimony  taken  before  the  committee  had  been  in  his  pos 
session  at  the  time  he  acted.  But  by  a  comparison  of  dates 
it  will  be  seen  that  they  were  received,  and  in  due  course 
of  business  acted  on  before  he  had  any  intelligence  from 
Pensacola  except  the  telegraphic  despatch  already  set  forth. 

The  undersigned  would  hold  the  Secretary,  who  should 
accept  the  resignation  of  an  officer  who  before  resigning 
had  been  guilty  of  any  conduct  unbecoming  an  officer, 
amenable  to  the  severest  censure.  An  acceptance  of  a 

£^t3£^S±R&'S±V3S  dent  January  8th,  between  himself  and  Isaac 

fidelity  and  honor,  but  one  who  haa  thus  acquitted  himself     W.  Hayne,  "Special  Envoy"  of  South  Car< 

Leen^to£tLr^r\gedWithOUtqUestl°naatOWhathe   !ina'  and  concluding  with  a  resolution  that 

The  base  man  would' hold  his  commission  and  seek  an  in  the  Opinion  of  the  House,  "  the  President 
opportunity  to  betray  his  Government,  so  that  the  fruits  of  I  had  no  Constitutional  pOWCr  to  negotiate 
his  treason  might  purchase  for  him  favor  and  reward,  i  •  .,  f  .-,  Ox  c 

Such  was  the  conduct  of  Arnold.  with   the   representatives  of  the   State   of 


,  ,  ,  .  ,          , 

Sher  Robinson,  Royce,  Sudgwiek,  Sherman,  Somes,  y 
ing,  Spinner,  Stanton,  Stevens,  Wm.  Stewart,  Btratton, 
Tompkins,  Train,  Trimble,  Vandever,  Van  Wyck,  Verree. 
Wade,  Waldron,  Walton,  Cadwalader  C.  Washburn,  Ellihu 
B.  Washburne.  Wells.W'ilson.Wiudom.Wood.  Woodruff—  i)5. 
NAYS  —  Messrs.  Adraxn,  Wm.  C.  Anderson,  Barr,  Barrett, 
Botelor,  Brabson,  Branch,  Brown,  Burcli,  llurnc.it,  John  B. 
dark,  Clemens,  John  Cochrane,  Cox,  James  Craiq,  Burton 
Craige,  John  G.  Davis,  De  Jamette.  EnglixJi,  Ferry,  Flo 
rence,  Fouke,  Garnett,  Hamilton,  John  T.  Harris,  Hatton, 
Hindman,  llolman,  Wm.Howard,  Hughes,  Kilgore,  Kunkd, 
Larrabee,  James  M.  Leach,  Leake,  Charles  D.  Martin, 
McKcnty,  Million,  Montgomery,  Nelson,  Niblack,Pendleton^ 
Peyton,  Phelps,  Pryor,  Quarks,  Riggs,  James  U.  Robinson, 
Kuffin,  Sickle*,  Simms,  William  N.  H.  Smith,  Stevenson, 
James  A.  Stewart,  Stokes,  Thomas,  Vallandigham,  Vance, 
Wliitdey,  Winslow,  Woodson,  Wright  —  62. 

January  30th.  Mr.  JOHN  H.  REYNOLDS 
made  the  majority  report,  and  L.O'B.  BRANCH 
the  minority  report,  upon  the  bill  to  author 
ize  the  President  to  call  out  the  militia,  which 
was  ordered  to  be  printed  and  recommitted 
to  the  committee.* 

February  27th.  The  majority  of"  the  com 
mittee  presented  a  report  reviewing1  the  cor 
respondence,  communicated  by  the  Presi 


,ievoti.»n  to  >rmoi  .io  and  obedi    mmor^Y'  made  a  report  of  dissent.     

ence  to  the  dictates  of  honor.  Such  men  cannot  beVe-  reports  Were  Ordered  to  be  printed  and  re 
garded  as  traitors;  and  to  call  them  so  is  to  arraign  manly  committed,  and  the  subject  was  not  resumed. 
virtue  m  the  name  of  patriotism.  TV,  rr  cn/r-  i_- 

It  has  been  the  proud  boast  of  the  American  Navy  that  it  2?th'  Mr'  HOWARD  of  Michigan,  made  the 
has  never  contained  a  traitor  in  its  ranks.  Will  it  be  cred-  I  closing  report,  On  the  general  Subject  of  Se- 
Ited  that  it  has  suddenly  become  a  hot-bed  from  which  has  \  pp^Jnn  Mr  fJnrHw  A  vw  inrl  Mr  "Ri?  A  VPM 
sprung  such  a  bountiful  crop  of  traitors  ?  Such  a  supposi-  '  C  l°n>  .  MF' „  ^  HRAM-,  and  Mr.  BRANCH 
tion  would  discredit  the  whole  body  of  its  officers;  for  it,  j  gave  notice  OI  their  dlSSCnt,  and  obtained 

r-  -aid  only  consist  with  the  existence  of  some  poisonous  and  >  leave  to  make  a  minority  report. 

runtme  i  '         r 


traitorous  influence  pervading  all  its  ranks  and  corrupting 
all  its  members. 


WITHDRAWAL    OF    UNITED    STATES     TROOPS. 

January  2d,  1861.    Mr.  JEFFERSON  DAVIS 
of  Mississippi  offered  this  joint  resolution, 


The  chief  clerk  of  the  Navy  Department  testified  that 
there  has  been  nothing  unusual  in  the  course  recently  pur 
sued  in  regard  to  resignations;  and  that  the  uniform  course, 

from  time  immemorial,  hns  been  to  act  promptly  on  resig-  '  -,".     i 

nations,  unless  some  special  reason  existed  for  taking  a  case    wnic"  was  1>ead  and  ordered  to  be  printed  : 
out  of  the  routine  of  current  business.  The  orderly  conduct 
of  business  necessitates  prompt  action  on  each   case  in  its 
turn:  and  in  an  ill-organized  Department,  or  in  one  in  which 


tii  A  force  is 


*  Mr.   John  Cochrane  expressed   his  disseut  from  the 
measure     "at     this     particular    time." — Congressional 


nsufficient,  affairs  will  soon  fall  into  inextrica-  :  Globe,  Seond     Session,  36th  Congress,  p.  t>46. 


86 


PROCEEDINGS    OF    THE    GOVERNMENT. 


Joint  Resolution  in  relation  to  the  Militia  \ 
of  the  States,  the  condition  of  forts,  mag-  i 
azines,  arsenals  and  dock-yards ;  military  < 
power  ;  withdrawal  of  troops  from  garrisons  | 
on  the  application  of  a  State ;  and  the  re-  j 
cognition  of  the  right  of  a  State  to  keep  j 
troops  and  ships  of  war  by  proclamation  of 
the  President. 

Whereas,  by  the  second  and  third  articles  I 
of  amendment  of  the  Constitution,  it  is  de-  j 
clared  that  a  well  regulated  Militia  is  the  | 
security  of  a  free  State,  and  that  no  soldier  j 
shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  ' 
and  whereas,  by  the  second  arid  third  clauses 
of  the  tenth  section  of  the  first  article  of 
the  Constitution,  it  is  indirectly  provided 
that  a  State  may,  with  the  consent  of  Con 
gress,  keep  troops  and  ships  of  war  in  time 
of  peace ;  and  whereas,  by  the  seventeenth 
clause  of  the  eighth  section  of  the  first 
article  of  the  Constitution,  the  exclusive 
jurisdiction  of  the  Federal  Government  over 
forts,  magazines,  arsenals,  dock-yards,  and 
so  forth,  is  limited  to  places  purchased  by 
the  consent  of  the  Legislative  of  the  State 
in  which  the  same  shall  be  ;  and  whereas, 
the  military  powers  delegated  by  the  States  j 
to  the  Federal  Government  were  designed 
for  the  purposes  stated  generally,  in  the 
preamble  to  the  Constitution,  namely :  to 
insure  domestic  tranquillity,  and  provide 
for  the  common  defence ;  therefore,  Be  it 
resolved  by  the  Senate  and  House  of  Repre 
sentatives,  etc.,  that  upon  the  application 
of  a  State,  either  through  a  Convention  or 
Legislature  thereof,  asking  that  the  Federal 
forces  of  the  Army  and  Navy  may  be  with 
drawn  from  its  limits,  the  President  of  the 
United  States  shall  order  the  withdrawal  of 
the  Federal  garrisons,  and  take  the  needful 
security  for  the  safety  of  the  public  property 
which  may  remain  in  said  State. 

Sec.  2.  And  be  it  further  resolved,  That 
whenever  a  State  Convention,  duly  and  law 
fully  assembled,  shall  enact  that  the  safety 
of  the  State  requires  it  to  keep  troops  and 
ships  of  war,  the  President  of  the  United 
States  be,  and  he  is  hereby,  authorized  and 
directed  to  recognize  the  exercise  of  that 
power  by  the  State,  and  by  proclamation 
to  give  notice  of  the  fact  for  the  information 
and  government  of  all  parties  concerned. 

SUSPENDING      CERTAIN      LAWS      IN       SECEDED 
STATES. 

January  19th,  1861.  Mr.  MASON  of  Vir 
ginia  offered  the  following  resolution,  which  j 
was  printed : 

•'It  appearing  to  Congress  that  the  State 
of  South  Carolina  has,  by  an  ordinance  of 
the  people  of  that  State,  in  Convention  as 
sembled,  declared  the  State  separated  from 
the  United  States,  and  from  the  Government 
thereof,  as  established  under  the  Constitu 
tion  ;  and  it  further  appearing,  that  by  reason 
of  such  declared  separation,  there  are  no 
officers  of  the  United  States  acting  under  j 


the  authority  thereof,  in  the  judiciary  de 
partment  of  this  Government,  or  under  the 
laws  for  the  collection  of  the  revenues  of 
the  United  States ;  whereby,  and  in  conse 
quence  whereof,  the  laws  of  the  United 
States  are  in  fact  suspended  within  the 
limits  of  said  State ;  therefore,  to  avoid  any 
hostile  collision  that  might  arise  between 
the  authorities  of  the  United  States  and  of 
the  State  aforesaid,  in  the  attempt  to  ex 
ecute  laws  of  the  United  States,  in  the 
absence  of  those  officers  required  by  law  to 
administer  and  execute  said  laws  : 

"  Be  it  resolved  by  the  Senate  and  House 
of  Representatives,  That  from  and  after  the 
passage  of  this  joint  resolution,  all  laws  of 
the  United  States  directing  the  mode  in 
which  the  Army  and  Navy  and  other  public 
force  of  the  United  States  shall  be  used  by 
the  President  of  the  United  States,  in  aid 
of  the  civil  authorites  in  executing  the  laws 
and  authorizing  the  same,  and  all  laws 
for  the  collection  of  revenue  shall  be,  and 
the  same  are  hereby  suspended,  and  made 
inoperative  in  the  State  of  South  Carolina 
for  the  time  being ;  and  should  it  be  made 
to  appear  hereafter  by  the  executive  au 
thority  of  any  other  State  or  States,  that  a 
like  ordinance  has  been  passed  by  the  peo 
ple  of  any  State,  declaring  such  State  or 
States  separated  from  the  United  States, 
then  it  shall  be  the  duty  of  the  President 
of  the  United  States  to  announce  such  sep 
aration  by  his  proclamation,  and  all  the  laws 
of  the  United  States  shall,  in  like  manner, 
be  suspended  and  rendered  inoperative  in 
such  State  last  aforesaid." 

RETROCESSION  OF  FORTS  AND  ARSENALS. 

January  2d,  1861.  Mr.  HUNTER  offered  in 
the  Senate  this  resolution,  upon  which,  on 
the  llth  of  January,  he  gave  his  opinion  on 
the  condition  of  the  country  and  the  needed 
remedies : 

WHEREAS  certain  forts,  magazines,  arse 
nals,  dock-yards-,  and  other  needful  build 
ings  have  been  placed  under  the  exclusive 
jurisdiction  of  the  United  States  by  a  ces 
sion  to  that  effect  from  certain  States,  and 
it  maybe  the  desire  of  one  or  more  of  these 
States  to  resume  the  jurisdiction  thus  ceded  : 
Now,  therefore — 

Be  it  Resolved,  That  the  President  of  the 
United  States  ought  to  be  authorized  by 
law,  upon  the  application  of  the  Legislature 
or  of  a  regular  Convention  of  the  people 
of  any  such  State,  to  retrocede  this  juris 
diction  to  such  States,  upon  taking  proper 
security  for  the  safe-keeping  and  return  of 
all  the  property  of  the  United  States,  or  for 
paying  for  the  value  of  the  same,  if  destroyed 
or  injured  by  the  act  of  any  of  the  States 
making  such  application. 

MR.  HUNTER'S  PLAN  OF  ADJUSTMENT. 

In  his  speech,  Mr.  HUNTER  indicated  the 
points  of  adjustment  which  he  considered 
indispensable 


PROCEEDINGS    OF    THE    GOVERNMENT. 


87 


He  thought   the  Southern   people   were 
bound  to  withdraw  from  the  Government 
unless  they  can  get  constitutional  guaran 
tees,  which  shall   provide :  first,  that  Con 
gress  shall  have  no  power  to  abolish  slavery 
in  the  States,  in  the  District  of  Columbia, 
in  the  dock-yards,  forts,  and  arsenals  of  the 
United    States ;    second,    that   it    shall    not 
abolish,  tax,  or  obstruct  the  slave  trade  be 
tween  the  States ;  third,  that  it  shall  be  the 
duty  of  each  of  the  States  to  suppress  com 
binations  within  their  jurisdiction  for  armed 
invasions  of  another ;    fourth,   that  States 
shall  be  admitted  with  or  without  slavery, 
according  to   the   election   of  the   people ; 
fifth,  that  it  shall  be  the  duty  of  the  States 
to  restore  fugitive  slaves  when  within  their 
borders,  or  to  pay  the  value  of  the  same ; 
sixth,  that  fugitives  from  justice  shall  be 
deemed  all  those  who  have  offended  against 
the  laws  of  a  State  within  its  jurisdiction, 
and  who  have  escaped  therefrom ;  seventh, 
that  Congress  shall  recognize  and  protect  as 
property  whatever  is  held  to  be  such  by  the 
laws   or  prescriptions  of  any  State  within 
the  Territories,  dock-yards,  forts,  and  arse 
nals  within  the  United  States,  and  wherever  ; 
the  United  States  has  exclusive  jurisdiction  ;  , 
with  the  following  exceptions  :  First,  it  may  j 
leave  the  subject  of  slavery  or  involuntary  j 
servitude  to  the  people  of  the  Territories  ! 
when  a  law  sh  ill  be  passed  to  that  effect  j 
with  the  usual  sanction,  and  also  with  the  : 
assent  of  a  majority  of  the  Senators  from  i 
the  slaveholding  States,  and  a  majority  of  | 
the    Senators    from    the    non-slaveholding 
States.     That  exception  is  designed  to  pro 
vide  for  the  case  where  we  might  annex  a 
territory  almost   fully  peopled,  and   whose 
people  ought  to  have  the  right  of  self-gov 
ernment,  and  yet  might  not  be  ready  to  be 
admitted  as  a  State  into  the  Union. 

The  next  exception  is  that  "  Congress  may 
divide  the  territories  to  the  effect  that  slavery 
or  involuntary  servitude  shall  be  prohibited 
in  one  portion  of  the  territory,  and  recog 
nized  and  protected  in  another ;  provided 
the  law  has  the  sanction  of  a  majority  from 
each  of  the  sections  as  aforesaid,"  and  that 
exception  is  designed  to  provide  for  the  case 
where  an  unpeopled  territory  is  annexed, 
and  it  is  a  fair  subject  of  division  between 
the  two  sections. 

In  addition  to  these  "  guarantees  of  prin 
ciples,"  there  should  be  *'  guarantees  of 
power,"  without  which  he  did  not  think  per 
manent  peace  could  be  secured.  He  indi 
cated  these  as  the  best :  First,  the  dual 
Executive,  not  in  the  form  proposed  by  Mr. 
Calhoun,  but  in  one  less  fairly  open  to  ob 
jections.  He  would  provide : 

That  each  section  shall  elect  a  President, 
to  be  called  the  first  and  second  President : 
the  first  to  serve  for  four  years  as  President, 
the  next  to  succeed  him  at  the  end  of  four 
years,  and  to  govern  for  four  other  years, 
and  afterwards  to  be  re-eligible. 

That  during  the   term  of  service  of  the 


first  President,  the  second  should  be  Presi- 
I  dent  of  the  Senate,  with  a  casting  vote  in 
;  case  of  a  tie  ;  and  that  no  treaty  should  be 
valid  which  did  not  have  the  signatures  of 
both    Presidents,    and   the   assent   of  two- 
I  thirds  of  the  Senate. 

That  no  law  should  be  valid  which  did  not 
I  have  the  assent  of  both  Presidents,  or  in 
j  the  event  of  a  veto  by  one  of  them,  the  as- 
|  sent  of  a  majority  of  the  Senators  of  the 
i  section  from  which  he  came. 

That  no  person  should  be  appointed  to  a 
|  local  office  in  the  section  from  which  the 
!  second  President  was  elected,  unless  the 
|  appointment  had  the  assent  of  that  Presi- 
i  dent,  or,  in  the  event  of  his  veto,  the  assent 
i  of  a  majority  of  the  Senators  from  the  sec- 
!  tion  from  which  he  came. 

He  proposed  to  change  the  mode  of  elect- 
!  ing  these  Presidents  as  follows  : 

I  would  provide  that  each  State  should  be 
I  divided  into  Presidential  electoral  districts  ; 
i  that  each  district  should  elect  one  man,  and 
!  that  these  representatives   from  the  whole 
I  United'  States  should  meet  in  one  chamber, 
|  and  that  the  two  men  who,  after  a  certain 
;  number    of    ballots,    received    the    highest 
,  number  of  votes,  should  be  submitted  as  the 
candidates  to  the  people,  and  he  should  be 
declared  as  President  who  received  a  major 
ity  of  the  districts — the  districts  each  vot 
ing  singly.     I  would  do  this  to  destroy  the 
opportunities  which   are   given   under   our 
present  system  of  nomination  to  the  forma 
tion  of  corrupt  combinations   for  purposes 
of  plunder  and  of  patronage.     I  would  sub 
stitute  this  instead  of  the  National  Conven 
tions,  which  have   already  done   so   much 
harm  in  our  system. 
Further : 

I  would  also  diminish  the  temptation  to 
such  corrupt  combinations  for  spoils  and 
patronage  by  the  fact  that  the  President, 
after  the  first  election,  would  be  elected  four 
years  before  he  commenced  his  service  as 
President,  and  in  the  meantime  he  would  be 
training  as  a  second  President  at  the  head 
of  the  Senate,  and  exercising  the  veto  power. 
The  fact  that  he  wras  elected  four  years  be 
forehand  would  do  much  to  prevent  such 
combinations ;  but,  further  than  this,  the 
effect  of  such  a  division  of  the  Executive 
power  would  be  to  destroy,  to  a  great  extent, 
the  miserable  system  of  rotation  in  office 
which  exists  at  present,  and  to  make  merit 
the  test  of  the  fitness  for  office,  and  a  guar 
antee  for  his  permanence  in  place;  for,  as 
the  second  President  would  probably  keep 
those  in  office  during  his  term  of  President 
whom  he  had  protected  by  his  veto  power 
before,  if  they  were  worthy  of  the  place,  the 
effect  would  be,  at  least  if  this  system  were 
introduced,  that  the  rotation  principle  would 
be  applied,  if  at  all,  not  once  in  four  years, 
but  once  in  eight  years. 

But  this  plan  would  have  another  good 
effect.  It  would  save  us  from  most  of  those 
agitations  attending  a  Presidential  election 


88 


PROCEEDINGS    OF    THE    GOVERNMENT. 


which  now  disturb  the  country,  which  unset 
tle  public  affairs,  arid  which  are  doing  so 
much  to  demoralize  and  corrupt  the  people. 
The  election  would  take  place  in  one  section 
at  a  time;  it  would  take  place  in  each  sec 
tion  but  once  in  eight  years,  and  in  this  way 
we  would  escape  those  disturbances  which 
are  now  dividing  and  destroying  us. 

Further,  "  to  secure  the  proper  enforce 
ment  of  rights  which  are  now  without  reme 
dies,"  he  proposed  "  that  the  Supreme  Court 
should  also  be  adjusted.  It  should  consist 
of  ten  judges — five  from  each  section — the 
Chief  Justice  to  be  one  of  the  five.  I  would 
allow  one  State  to  cite  another  State  before 
this  tribunal  to  charge  it  with  having  failed 
to  perform  its  constitutional  obligations ; 
arid  if  the  court  decided  a  State  thus  cited 
to  be  in  default,  then  I  would  provide,  if  it 
did  not  repair  the  wrong  it  had  done,  that 
any  State  might  deny  to  its  citizens  within 
its  jurisdiction  the  privileges  of  citizens  in 
all  the  States;  that  it  might  tax  its  com 
merce  and  the  property  of  its  people  until  it 
ceased  to  be  in  default.  Thus  I  would  pro 
vide  a  remedy  without  bringing  the  General 
Government  into  collision  with  the  States, 
and  without  bringing  the  Supreme  Court 
into  collision  with  them.  Whenever  inter 
national  stipulations  in  regard  to  the  duties 
imposed  011  the  States,  as  laid  down  in  the 
Constitution,  are  violated,  I  would  remedy 
the  wrong  by  international  remedies.  I 
wonld  give  a  State  the  right,  in  such  cases, 
after  the  adjudication  of  the  court,  to  deny 
to  the  offending  State  the  performance  of 
the  mutual  obligations  which  had  been 
created  for  its  benefit.  In  this  way  I  believe 
that  these  wrongs  might  be  remedied  with 
out  producing  collision  in  the  system.  A 
self-executing  process  would  thus  provide  a 
remedy  for  the  wrong,  without  a  jar  to  the 
machinery  of  Government.  In  order  to 
make  this  check  efficient,  it  should  be  pro 
vided  that  the  Judges  of  the  Supreme  Court 
in  each  section  shall  be  appointed  by  the 
President  from  that  section,  and  this  is  the 
only  original  appointing  power  which  I 
would  give  to  the  second  President." 

In  consideration  of  these  changes,  he  ex 
pressed  his  willingness  "to  regulate  the  right 
of  Secession,  which  I  hold  to  be  a  right  not 
given  in  the  Constitution,  but  resulting  from 
the  nature  of  the  compact.  I  would  provide 
that,  before  a  State  seceded,  it  should  sum 
mon  a  Convention  of  the  States  in  the  sec 
tion  to  which  it  belonged,  and  submit  to 
them  a  statement  of  its  grievances  and 
wrongs.  -Should  a  majority  of  the  States  in 
such  Convention  decide  the  complaint  to  be 
well  founded,  thenvhe  State  ought  to  be  per 
mitted  to  secede  in  peace.  For,  whenever  u 
majority  of  States  in  an  entire  section  shall 
declare  that  good  cause  for  secession  exists, 
then  who  can  dispute  that  it  ought  to  take 
place  ?  Should  they  say,  however,  that  no 
good  cause  existed,  then  the  moral  force  of 
such  a  decision,  on  the  part  of  confederates 


of  those  who  are  bound  to  the  complaining 
State  by  identical  and  homogeneous  inter 
ests,  would  prevent  it  from  prosecuting  the 
claim  any  further.  I  believe  that  the  sys 
tem  thus  adjusted  would  give  us  a  perma 
nent  Union,  an  efficient,  a  useful,  and  just 
Government.  I  think  our  Government  would 
then  rank  among  the  most  permanent  of 
human  institutions.  It  is  my  honest  opinion 
that,  with  a  Government  thus  balanced,  and 
with  such  capacities  for  empire  as  our  peo 
ple  possess,  we  should  build  up  a  political 
system  whose  power  and  stability  and  bene 
ficial  influences  would  be  unparalleled  in  all 
the  history  of  the  past." 

He  believed  "this  scheme  afforded  the 
best  basis  of  settlement  which  has  yet  been 
devised.  There  are  other  scheme's  upon 
which  I  would  settle.  I  would  settle  upon 
something  which  would  give  only  a  truce, 
provided  it  promised  to  be  a  long  truce,  and 
then  trust  to  public  opinion  and  the  progress 
of  truth  to  remedy  future  evils  when  they 
might  arise.  But  I  would  prefer,  when  we 
do  settle,  after  all  this  turmoil  and  confu 
sion,  that  we  should  do  so  upon  some  prin 
ciple  which  promises  us  a  permanent  adjust 
ment,  a  constant  and  continuing  peace,  a 
safe,  an  efficient,  and  a  stable  Government." 

At  the  close  of  Mr.  Hunter's  speech,  this 
significant  colloquy  took  place. : 

Mr.  BAKER.  I  desire  to  ask  the  gentleman 
from  Virginia,  if  he  will  allow  me!  and  con 
sider  it  respectful,  one  question. 

Mr.  HUNTER.     What  is  the  question? 

Mr.  BAKER.  It  is  this :  If  a  majority  of 
this  branch  of  Congress — the  constitutional 
majority,  and  a  majority  of  the  other  branch, 
also  the  constitutional  majority — shall  pass 
constitutional  amendments,  to  "be  submitted 
according  to  the  forms  of  the  Constitution 
for  the  consent  and  approbation  of  the  peo 
ple,  in  that  event,  if  they  be  such  as  sub 
stantially  meet  the  views  of  the  gentlemen 
on  the  other  side,  will  the  Senator  from 
Virginia,  so  far  as  he  can,  throw  the  weight 
of  Virginia,  and  especially  the  weight  of  his 
own  individual  character,  to  maintain  the 
Constitution  as  it  is,  the  Government  as  it 
is.  the  laws  as  they  now  are.  with  the  power 
of  the  Government,  until  the  people  of  the 
States  shall  have  decided  upon  those  amend 
ments  ? 

Mr.  HUNTER.  The  Senator  has  asked  me 
some  questions  which  I  cannot  answer.  I 
cannot  answer  for  Virginia ;  I  am  not  au 
thorized  to  do  so.  I  can  only  say  this :  that 
I  will  vote  for  the  propositions  of  the  Sen 
ator  fr«m  Kentucky  which  were  presented 
in  committee  ;  and  other  gentlemen  declared 
that  they  believed  they  would  be  satisfac 
tory  ;  but  whether  the  peoplt,  who  are  now 
seceding  and  getting  in  line  together  for 
purposes  of  common  defence,  would  wait  to 
ascertain  whether  the  State  would  adopt 
them.  1  am  not  authorized  to  say. 

Mr.  BAKER.  That  is  not  quite  it :  I  do 
not  make  myself  understood  by  the  gentle- 


PROG KE DINGS    OF   THE    GOVERNMENT. 


89 


man.  Will  the  gentleman  himself,  as  a 
Senator — 

Mr.  HUNTER.  If  the  Senator  is  not  satis 
fied  I  cannot  satisfy  him. 

Mr.  BAKER.     Ah  ! 

For  speech  and  colloquy,  see  Congression 
al  Globe,  second  session,  36th  Congress, 
pages  328-332. 

No  vote  was  taken  upon  the  resolution. 

CONSTRUCTION     OF     SCREW    SLOOPS     OF     WAR. 

February  llth.  The  Senate,  as  in  Com 
mittee  of  the  Whole,  adopted  an  amendment 
to  the  Naval  Appropriation  bill,  providing 
for  the  construction  of  seven  steam  screw 
sloops  of  war  of  the  second  class,  with  full 
steam  power,  whose  greatest  draught  of 
water  shall  not  exceed  14  feet,  and  appro 
priating  $1,200,000  for  the  purpose.  The 
vote  was,  yeas  30,  nays  18,  as  follows : 

YFAS — Messrs.  Anthony,  Baker,  Bir/ler,  Bingham,  Cam 
eron,  Chandler,  Clark,  Collamer,  Doolittle,  Durkee,  Fessen- 
den,  Foot,  Grimes,  Hale,  Harlan,  Johnson  of  Tennessee, 
Kennedy,  King,  Latham,  Morrill,  Sebastian,  Seward,  Sim 
mons,  Simmer.  Ten  Eyck,  Thomson,  Trumbull,  Wade,  Wil 
kinson,  and  Wilson— 30. 

NAYS — Messrs.  Bayard,  Bragg,  Bright,  Clingman,  Crit- 
tenden,  Pitch,  Gun'n,  Hempldll,  Hunter,  Lane,  Mason,  Nich- 
oltov,  Pearce,  Polk,  Powell,  Rice,  Saulsbury,  and  Wig/all 

12th.  The  amendment  made  in  Senate  as  in 
Committee  of  the  Whole,  was  agreed  to, 
yeas  27.  nays  17. 

20th.  The  House  adopted  the  amendment, 
yeas  114,  nays  38,  as  follows : 

YEAS— Messrs.  Charles  F.  Adams,  Adrain,  Aldrich,  Allen 
Alley,  Wm.  0.  Anderson,  Ashley,  Barr,  Bingham,  Blake, 
Brayton,  Briggs,  Bristow,  Buffinton,  Burlingamo,  Burnharn, 
Butierneld,  Campbell,  Carey,  Carter.  Case,  Coburu,  C.  B. 
Cochrane,  John  C'nchrane,  Colfax,  Conkling,  Cornvay,  Cox, 
Durtis,  Dawes,  Delano,  Duel],  Dunn,  Edgerton,  Edwards' 
Eliot,  Ely,  Farns  worth,  Feriton,  Ferry,  Florence,  Frank, 
French,  Gooch,  Graham,  Grow,  Gurlny,  Hall,  naiiti!/  m 
J.  Morrison  Harris,  Helmick,  Hoard,  *  Hoi  man,  William 
Howard,  Humphrey,  Hntchins,  Irvine,  Junkin,  Francis 
M.  K.-.Kigir,  Wm.  Kellogg,  Kenyon,  Killinger,  Larrabce, 


Portei,  Potter,  Pottle,  Edwin  R.  Reynolds,  Rice,  Chris 
topher  Robinson,  Royce,  Scrantoii,  Sedgwick.  .SW/,/,-.? 
Spuulding,  Spinner,  Stanton.  Stevens,  Wm.  Stewart  Strat- 
ton,  Tappan,  Theaker,  Tompkins,  Van  Wyck,  V<;rree 
Wade,  Waldron,  CadwakiderC.  Washburn,  Ellihu  B.Wash- 
Imrne.  Webster,  Wells.  Wilson,  Windom.  Woodruff— 1.14. 

NAYS — Messrs.  Avery,  Barrett,  Bocock,  Branch,  Brown, 
Bnrch,  Burnett,  John  B.  Clark,  Burton  Oraige,  John  G. 
Duris,  De  Jarmtte.  Erlmundson,  Etheridge,  Garnett,  John  T. 
JTurri*,  Hatton,  Hindman,  Hughes,  James  M.  Leach,  Elbert 
ft.  Martin,  Nelson,  Niblack,  Pltelps.  Quarles.  Riggs,  James 
C.  Robinson,  Rust,  Scott,  Sherman,  fffmms,  Wm.  N.  II.  Smith 
Meri-nfon,  Stokes,  Thomas,  Vallandigham,  Vance,  Winslow 
and  Wright — 38. 

RECOGNITION  OF  THE  SOUTHERN  CONFEDER 
ACY. 

February  11,  1861.  Mr.  BURTON  CRAIGE 
of  North  Carolina,  offered  in  the  House  of 
Representatives,  the  following  resolution, 
v/hich  was  referred  to  the  Committee  on 
Foreign  Affairs,  on  his  motion  : 

Whereas,  the  States  of  South  Carolina. 
Florida,  Alabama,  Georgia,  Mississippi,  and 
Louisiana  have  seceded  from  the  Confed- 
fr.vy  of  the  United  States,  and  have  estab 
lished  a  Government  under  the  name  of 


'•the  Confederacy  of  the  United  States 
South;"  and  whereas  it  is  desirable  that  the 
most  amicable  relations  shouldexistbetwo.cn 
the  two  Governments,  and  war  should  be 
avoided  as  the  greatest  calamity  which  can 
befall  them : 

Resolved  by  the  Senate  and  House  of  Rep 
resentatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  President 
of  the  United  States  be,  and  is  hereby,  re 
quired  to  acknowledge  the  independence  of 
said  government  as  soon  as  he  is  informed 
officially  of  its  establishment ;  and  that  he 
receive  such  envoy,  embassador,  or  com 
missioner  as  may  or  shall  be  appointed  by 
said  government  for  the  purpose  of  amicably 
adjusting  the  matters  in  dispute  with  said 
Government. 

It  was  not  reported  from  the  Committee. 

THE     TERRITORIAL     DIFFICULTIES     SETTLED     BY 
CONGRESS. 

Congress  passed  and  the  President  ap 
proved  bills  to  provide  temporary  govern 
ments  for  Colorado,  February  28th.  Nevada, 
March  2d,  and  Dakotah,  March  2d^  1861. 

These  three  Territories  cover  the  entire 
region  owned  by  the  United  States  and  not 
included  within  the  States. 

The  sixth  and  sixteenth  sections  of  each 
bill  are  as  follows  : 

"  That  the  legislative  power  of  the  Terri 
tory  shall  extend  to  all  rightful  subjects  of  leg 
islation  consistent  with  the  Constitution  of 
the  United  States  and  the  provisions  of  the 
act ;  but  no  law  shall  be  passed  interfering 
with  the  primary  disposal  of  the  soil ;  no  tax 
shall  be  imposed  upon  the  property  of  the 
United  States ;  nor  shall  the  lands  or  other 
property  of  non-residents  be  taxed  higher 
than  the  lands  or  the  property  of  residents ; 
nor  shall  any  law  be  passed  impairing  the 
right  of  private  property ;  nor  shall  any  dis 
crimination  be  made  in  taxing  different 
kinds  of  property ;  but  all  property  subject 
to  taxation  shall  be  in  proportion  to  the 
value  of  the  property  taxed. 

•'That  the  Constitution  and  all  laws  of  the 
United  States,  which  are  not  locally  inappli 
cable,  shall  have  the  same  force  and  effect 
within  the  said  Territory  of  Dakotah  as  else 
where  within  the  United  States." 

The  ninth  section  contains  this  provision : 

"And  each  of  the  said  District  Courts  shall 
have  and  exercise  the  same  jurisdistion  in 
all  cases  arising  under  the  Constitution  and 
laws  of  the  United  States  as  is  vested  in  the 
Circuit  and  District  Courts  of  the  United 
States ;  and  the  said  Supreme  and  District 
Courts  of  the  said  Territory,  and  the  respec 
tive  judges  thereof,  shall  and  may  grant 
writs  of  habeas  corpus  in  all  cases  in  which 
the  same  are  grantable  by  the  judges  of  the 
United  States  in  the  District  of  Columbia." 

The  provisions  of  these  bills  were,  as  was 
announced  in  debate,  agreed  upon  by  Mr. 
GREEN  of  Missouri.  Chairman  of  the  Senate 
Committee  on  Territories,  and  Mr.  GROW 


90 


PROCEEDINGS    OF    THE    GOVERNMENT. 


of  Pennsylvania.  Chairman  of  the  House 
Committee  on  Territories,  Mr.  Wade  and 
others  in  consultation,  and  the  bills  passed 
without  material  opposition  in  either  House. 
The  Colorado  bill  passed  the  Senate  Feb 
ruary  4th,  without  a  division,  and  the  House, 
February  18th,  by  a  vote  of  90  yeas  to  44 
nays  as  follows : 

YEAS— Messrs.  Charles  F.  Adams,  Aldrich,  Alley, 
Bingham,  Blair,  Make,  Brayton,  Buffinton,  Burlin- 
^nino,  Biirnham,  Butterfield,  'Campbell,  Carey,  Carter, 
Oaso,  Colfax,  Conkling,  Conway,  Covode.  Dawos,  Delano, 
Ducll,  Edgerton,  Edwards,  Eliot,  Ely,  Farnsworth,  Feutou, 
Florence,  Frank,  French,  Gooch,  Graham,  Grow.  Gurley, 
Hale.  Hall,  Hdmiok,  William  Howard,  William  A.  Howard, 
Humphrey,  Hutchins,  Irvine,  Junkin,  Francis  W.  Kellogg, 
William  Kellogg,  Kenyon,  Killinger,  De  Witt  C.  Leach,  Lee, 
Lon(i'!<ecker,  Loomis.  Lovejoy,  Marston,  McKean.  McKenti/, 
Me  Knight.  McPherson.  Moorhead,  Morrill,  Edward  Joy 
Morris^  Isaac  N.Morris,  Morse,  Nixon,  Palmer,  Porter,  Pot 
ter.  Pottle,  Edwin  R.  Reynold?,  Rice,  Christopher  Robinson, 
Royce.  Scranton,  Setlgwick,  Spinner,  Stanton.  Stevens,  Tap- 
pan.  Tompkins,  Train,  Varidever,  W7ade,  Waldron,  Walton, 
Cadwalader  C.  Washburn,  Ellihu  B.  Washburne,  Wells, 
Windom,  Wood,  Woodruff— 90. 

NAYS — Messrs.  A  drain,  Allen,  W.  C.  Anderson.  A  very,  Bar 
rett,  Bocock,  Burch,  Burnett,  Horace  F.  Clark,  Jno.  B'.  Clark, 
Jno.  Cochrane,  Corwin,  Cox,  Burton  Craige,  Jno.  G.  Davis,  De 
Jarneite,  hdmundson,  Gam,ett,  Gilmer,  John  T.  Harris,  Hat- 
ton,  Hindman,  Holman,  Hughes,  Leake,  Logan,  Maynard, 
McCIernand,  Millso-n,  Laban  T.  Moore,  Nelson,  Niblack, 
Pet*  it,  Iltelps,  Pryor,  Quarles,  James  C.Robinson,  Puffin, 
Sickkx,  Strums,  William  N.  H.  Smith,  Stevenson,  Stokes, 
Thinnas-4t. 

The  Nevada  bill  was  passed  by  the  House, 
March  1st — yeas  91,  nays  32,  arid  the  Da- 
kotah,  same  clay,  without  a  division. 

ON     PROTECTING     SLAVERY     IN     THE      TERRITO 
RIES. 

During  the  consideration  of  the  Davis 
resolutions  in  the  United  States  Senate  in 
May,  1860, 

Mr.  THOMAS  L.  CLINGMAN  of  North  Caro 
lina,  May  24th,  offered  an  amendment  to  add 
to  the  fourth  resolution  the  following : 

liResolved,  That  the  existing  condition  of 
the  Territories  of  the  United  States  does  not 
require  the  intervention  of  Congress  for  the 
protection  of  property  in  slaves." 

Mr.  ALBERT  G.  BROWN  of  Mississippi,  moved 
to  strike  from  the  amendment  the  word  "not," 
so  as  to  assert  that  the  existing  condition  of 
the  Territories  of  the  United  States  does  re 
quire  the  intervention  of  Congress  for  the 
protection  of  property  in  slaves. 

Which  was  rejected  May  25th — yeas  5, 
nays  43,  as  follows : 

YEAS — Messrs.  Brown,  Clay,  Iverson,  Johnson  of  Arkan 
sas,  YuJee — ft. 

NAYS — Messrs.  Benjamin.  Biglrr,  Bingham,  Bragg,  Bright, 
Chandler.  Chr.mut,  Clark,  Clingman.  Collamer.  Crittenden, 
Dnris.  Dixon,  Doolittle.  Fitzpatrick,  Foot,  Green,  Gwin, 
Hale,  Ilamlin,  Hammond,  Hemphill,  Hunter,  Johnson  of 
Tennessee,  Kennedy,  Lane,  Latham,  Mallory,  Mason,  JVYc/t- 
ohon.  Pearce,  Polk,  Powell,  J*tigh.  Rice,  Sebastian,  SUtti'/l, 
Ten  Eyck,  Toombs,  Trumbull,  Wade,  Wigfall,  Wilson-43. 

The  question  recurring  on  Mr.  CLINGMAN'S 
amendment,  . 


Mr.  COLLAMER  of  Vermont,  moved  to 
amend  it  so  as  to  make  it  read  : 

Resolved,  That  the  existing  condition  of 
the  Territories  of  the  United  States  does 
not,  and  in  our  opinion  never  will,  require, 
etc. 

Which  was  rejected-—  yeas  16,  nays  33,  a» 
follows  : 

YEAS—  Messrs.  Bingham,  Chandler,  Clark,  Collamer. 
Crittenden,  Dixon,  Doolittle,  Foot.  Hale,  Ilamlin,  Harlan 
Simmons,  Ten  Eyck,  Trumbull,  Wade,  Wilson—  16. 

NAYS  —  Messrs.  Benjamin,  Bigl-r,  Bragg,  Bright,  Brovm, 
Chesnut,  Clay,  Clingman,  Davis,  Fitzpatrick,  Green,  Bam 
mond,  Hemphill,  Hunter,  Jrr.rson,  Johnson  of  Arkansas. 
Johnson  of  Tennessee,  Lane,  Latham,  Mallory,  Maf.m, 
Nicholson,  Pcarce,  J'olk,  Powell,  Ihigh,  Rice,  Saulflury, 
Sebastian,  Sliddl,  Toombs,  Wig  fall,  Yulee—33. 

The  motion  of  Mr.  CLINGMAN  was  then 
agreed  to  —  yeas  26,  nays  23,  as  follows  : 

YEAS  —  Messrs.  Bigler,  Bingham,  Bragg,  Chandler.  Clark, 
Clingman,  Collainer,  Crittenden,  Dixon,  Doolittle.  Foot, 
Grimes,  Hale,  Ilamlin.  Harlan.  Johnson  of  Tennessee,  Ken 
nedy,  Latham,  J'olk,  Jtyfi,  Simmons,  Ten  Evck,  Tot/rubs, 
Trumbull.  Wade,  Wilson—  126. 

NAYS  —  Messrs.  Benjamin.  Bright,  Brown,  Chesnut.  Clay, 
Davis,  Fitzpatrick,  Green,  Hammond,  Hunter,  Ivcnor., 
Lane,  Mallory,  Matm.  Nichohon,  Pearce,  Powell,  Rice, 
SauUbury,  Sebastian,  Slidell,  Wigfall, 


When  the  fifth  resolution  was  pending, 

Mr.  CLINOMAN  moved  to  amend  by  adding, 
as  follows  : 

"Provided.  That  it  is  not  hereby  intended 
to  assert  the  duty  of  Congress  to  provide  a 
system  of  laws  for  the  maintenance  of 
slavery." 

Which  was  rejected  —  yeas  12,  nays  31. 
as  follows  : 

YEAS  —  Messrs.  Clark,  Clingman.  Dixon,  Foot,  Foster, 
Hale,  Ilamlin,  Latham,  Pugh,  Ten  Eyck,  Trumbull,  Wilnon 
—12. 

NAYS  —  Messrs.  Benjamin,  Bragg,  Bright.  Brmvn,  Cftcsnuf, 
Clay,  Davis,  Fitzpatrick,  Green,  Hammond.  Ifrmj>?<iU, 
Hunter,  Iverson,  Johnson  of  Arkansas,  Johnson  of  To.nnes- 
j  see,  Kennedy,  Lane,  Mallory,  Mason,  Nicltolson.  Ptarcf, 
Polk,  PoweU',  Rice.  Saulslwn/,  Sebastian,  Slidell,  Thomson, 
Toombs,  Wigfall,  Yulec—3l. 

Mr.  BROWN  of  Mississippi,  then  offered  a 

substitute  for  the  fifth  resolution,  as  follows  : 

"  That  experience  having  already  ?hown 

I  that  the  Constitution  and  the  common  law, 

|  unaided    by   statutory   enactment,    do   not 

|  afford  adequate  and  sufficient  protection  to 

!  slave  property  —  some  of  the  Territories  hav- 

J  ing  failed,  others  having  refused  to  pass  such 

enactments  —  it  has  become  the  duty  of  Con 

gress  to  interpose  and  pass  such  laws  as  will 

I  afford  to  slave  property  in  the  Territories 

j  that  protection  which  is  given  to  other 

j  of  property." 

Which  was 

i  follows  : 

YKAS  —  Messrs.  Brouvi,  Johnson  ">f  Arkansas,   Mallory  —  3. 

NAYS—  Messrs.  Benjamin,  Bigl-r,  Bragg,  Bright,  fhesnut, 
Clark,  Clay,  Clingman,  Crittenden,  Darin,  Dixon,  Doolittle, 
Fitzpatrick,  Foot,  Foster,  Green,  Grimes,  Gwin,  Hamlin. 
Harlan.  HnnphiU.  Hunter,  frerson,  Johnson  of  Tennessee 
Lane,  Latham,  Mason,  Nicholson,  Pearce,  Polk,  Powell, 
J*ugh,  Rice,  Sebastian,  Slidcll,  Ten  Eyck,  Thomson,  Toombs, 
Trumbull,  Wigfall,  Wilson,  Yulter-  42. 


rejected — yeas  3,  nays  42,  as 


CONSTITUTION   OF   THE    UNITED   STATES, 

AND  OF  THE 

"CONFEDERATE"    STATES. 


WITH  AN  INDEX  TO  BOTH. 


Constitution  of  the  United  States 
of  America. 

WE  the  People  of  the  United  States,  iu  order 
to  form  a  more  perfect  Union,  establish  Jus 
tice,  insure  domestic  Tranquillity,  provide  for 
the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty 
to  ourselves  and  our  Posterity,  do  ordain  and 
establish  this  CONSTITUTION  for  the  United 
States  of  America. 

ARTICLE    I. 

SECTION    I. 

All  legislative  Powers  herein  granted  shall 
be  vested  in  a  Congress  cf  the  United  States, 
which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

SECTION    II. 

The  House  of  Representatives  shall  be  com 
posed  of  Members  chosen  every  second  Year  by 
the  People  of  the  several  States,  and  the  Elec 
tors  in  each  State  shall  have  the  Qualifications 
requisite  for  Electors  of  the  most  numerous 
Branch  of  the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall 
not  have  attained  to  the  Age  of  twenty  five 
Years,  and  been  seven  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State  in  which  he  shall 
be  chosen. 

Representatives  and  direct  Taxes  shall  be  ap 
portioned  among  the  several  States  which  may 
be  included  within  this  Union,  according  to 
their  respective  Numbers,  which  shall  be  deter 
mined  by  adding  to  the  whole  Number  of  free 
Persons,  including  those  bound  to  Service  for 
a  Term  of  Years,  and  excluding  Indians  not 
taxed,  three  fifths  of  all  other  Persons.  The 
actual  Enumeration  shall  be  made  within  three 
Years  after  the  first  Meeting  of  the  Congress  of 
the  United  States,  and  within  every  subsequent 
Term  of  ten  Years,  in  such  Manner  as  they  shall 
by  Law  direct.  The  Number  of  Representatives 
shall  not  exceed  one  for  every  thirty  Thousand, 
but  each  State  shall  have  at  Least  one  Repre 
sentative;  and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  en 
titled  to  chuse  three,  Massachusetts  eight,  Rhode 
Island  and  Providence  Plantations  one,  Con 
necticut  five,  New  York  six,  New  Jersey  four 

91 


Pennsylvania  eight,  Delaware  one,  Maryland 
six,  Virginia  ten,  North  Carolina  five,  South 
Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation 
from  any  State,  the  Executive  Authority  thereof 
shall  issue  Writs  of  Election  to  fill  such  Vacan 
cies. 

The  House  of  Representatives  shall  chuse 
their  Speaker  and  other  Officers  ;  and  shall  have 
the  sole  Power  of  Impeachment. 

SECTION  m. 

The  Senate  of  the  United  States  shall  be  com' 
posed  of  two  Senators  from  each  State,  chosen 
by  the  Legislature  thereof,  for  six  Years  ;  and 
each  Senator  shall  have  one  Vote. 

Immediately  after  they  shall  be  assembled  in 
Consequence  of  the  first  Election,  they  shall  be 
divided  as  equally  as  may  be  into  three  Classes. 
The  Seats  of  the  Senators  of  the  first  Class  shall 
be  vacated  at  the  Expiration  of  the  second  Year, 
of  the  second  Class  at  the  Expiration  of  the 
fourth  Year,  and  of  the  third  Class  at  the  Expi 
ration  of  the  sixth  Year,  so  that  one-third  may 
be  chosen  every  second  Year  ;  and  if  Vacancies 
happen  by  Resignation,  or  otherwise,  during  the 
Recess  of  the  Legislature  of  any  State,  the  Ex 
ecutive  thereof  may  make  temporary  Appoint 
ments  until  the  next  Meeting  of  the  Legislature, 
which  shall  then  fill  such  Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not 
have  attained  to  the  Age  of  thirty  Years,  and 
been  nine  Years  a  Citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  nn  Inhab 
itant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall 
be  President  of  the  Senate,  but  shall  have  no- 
Vote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  Officers, 
and  also  a  President  pro  tempore,  in  the  Absence 
of  the  Vice  President,  or  when  he  shall  exer 
cise  the  Office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try 
all  Impeachments.  When  sitting  for  that  Pur 
pose,  they  shall  be  on  Oath  or  Affirmation. 
When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside:  And  no 
Person  shall  be  convicted  without  the  Con 
currence  of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not 
extend  further  than  to  removal  from  Office,  and 


CONSTITUTION   OF    THE   UNITED    STATES. 


Disqualification  to  hold  and  enjoy  any  Office  of  ;  of  the  United  States  ;  If  he  approve  he  shall 
honour,  Trust  or  Profit  under  the  United  States:  I  sign  it,  but  if  not  he  shall  return  it,  with  his 
but  the  Party  convicted  shall  nevertheless  be  :  Objections  to  that  House  in  which  it  shall  have 
liable  and  subject  to  Indictment,  Trial,  Judg-  |  originated,  who  shall  enter  the  Objections  at 

large  on  their  Journal,  and  proceed  to  recon 
sider   it.       If   after   such  Reconsideration  two 
of  that  House  shall  agree  to  pass   the 
it  sha  1  be  sent,  together  with  the  Objec- 
,    to  the   other  House,   by   which  it   shall 
likewise  be  reconsidered,  and  if  approved  by 
iill  become  a  Law. 

But  in  all  such  Cases  the  Votes  of  both  Houses 
shall  be  determined  by  yeas  and  Nays,  and  the 
IS  amea  of  the  Persons  voting  for  and  against  the 
Bill  shall  be  entered  on  the  Journal  of  each 
House  respectively.  If  any  Bill  shall  not  be 
returned  by  the  President  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  b.en 
presented  to  him,  the  Same  shall  be  a  law,  in 


ment  aod  Punishment,  according  to  Law. 

SECTION    IV. 

The  Times,   Places  and  Manner  of  holding 
Elections  for  Senators  and  Representatives,  shall 
be  prescribed  in  each  State  by  the  Legislature 
thereof;   but  the  Corigres8  may  at  any  time  bv  '  J    :owiso  ^reconsidered,  an 
Law  make  or  alter  su?h  Regulations,  except  as  !  1-™  t-hird-8  °f  that  House> ifc  sb 
to  the  places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in 
every  Year,  and  such  Meeting  shall  be  on  the 
first  Monday  in  December,  unless  they  shall  by 
Law  appoint  a  different  Day. 
SECTION  v. 

Each  House  shall  be  the  Judge  of  the  Elec- 


—      .        — &  iJ1|j  < UK  oatuv  siiaii    *je   a  lavv,    in 

tions,  Returns  and  Qualifications  of  its  own  I  like  Manner  as  if  he  had  signed  .'-t,  unless  the 
Members,  and  a  Majority  of  each  shall  con-  |  Congress  by  thtir  Adjournment  prevent  its 
stitute  a  Quorum  to  do  Business  ;  btita  smaller  -^ -•  ~u:  -1-  ^ —  -A  -«--«  --  *- 


Number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  Attendance  of  ab 
sent  Members,  in  such  Manner,  and  under  such 


return,    in  which  Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the 
Concurrence  of  the  Senate  and  House  of   Re 
presentatives  may  be  necessary   (except  on  a 
Penalties  as  each  House  may  provide.  question  of  Adjournment)  shall  be  presented  to 

Each  House  may  determine  the  Rules  of  its  the  President  of  the  United  States  ;  and  before 
Proceedings,  punish  its  Members  for  disorderly  |  the  Same  shall  take  Effect,  shall  be  approved  by 
Behaviour,  and,  with  the  Concurrence  of  two  !  him,  or  being  disapproved  by  him,  shall  be  re- 
thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Pro 
ceedings,  and  from  time  to  time  publish  the 
same,  excepting  such  Parts  as  may  in  their 
Judgment  require  Secrecy  ;  and  the  Yeas  and 
Nays  of  the  Members  of  either  House  on  any 
question  shall,  at  the  Desire  of  one  fifth  of  those 
Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Con 
gress,  shall,  without  the  Consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any 


passed  by  two  thirds  of  ihe  Senate  and  House 
of  Representatives,  according  to  the  Rules  and 
Limitations  prescribed  in  the  Case  of  a  Bill. 


SECTION    VIII. 


other  Place  than  that  in  which  the  two  Houses 
shall  be  sitting. 


The  Congress  shall  have  Power 

To  lay  and  collect  Taxes,  Duties,  Imposts  and 
Excises,  to  pay  the  Debts  and  provide  for  tie 
common  Defence  and  general  Welfare  of  the 
United  States;  butall  Duties,  Imposts  and  Excises 
shall  be  uniform  throughout  the  United  States  ; 

To  borrow  Money  on  the  credit  of  the  United 


j  States; 

SECTION  vi.  To  regulate  Commerce  with  foreign  Nations, 

The  Senators  and  Representatives  shall  receive  j  an(1  araon£  tfle  several  States,  and  with  the  In- 
a  Compensation  for  their  Services,  to  be  ascer-  |  dia^n  Tribes  ; 
tained  by  Lavv,  and  paid  out  of  the  Treasury  of 
the  United  States.    Thry  shall  in  all  Cases,  ex 


cept  Treason,  Felony  and  Breach  of  the  Peace, 
be  privileged  from  Arrest  during  their  Attend 
ance  at  the  Session  of  their  respective  Houses, 


To  establish  an  uniform  Rule  of  Naturaliza 
tion,  and  uniform  Lmvs  on  the  subject  of  Bank 
ruptcies  throughout  the  United  States  ; 

To  coin  Money,  regulate  the  Value  thereof, 
and  of  foreign  Coin,  and  fix  the  Standard  of 


and  in  going  to  and  returning  from  the  same  ;  I  Wejghts  and  Measures  ; 
and  for  any  Speech  or  Debate  in  either  House,  ^°  P1>oyide  f°r  the  Punishment  of  counter- 
they  shall  not  be  questioned  in  any  other  Place.'  feitirig  the  Securities  and  current  Coin  of  the 
No  Senator  or  Representative  shall,  during  I  United  States; 


the  Time  for  which  he  was  elected,  be  appoinccd  ; 
to  any  civil  Office  under  the  Authority  of  the  ' 
United  States,  which  shall  have  been  creaUd, 
or  the  Emoluments  whereof  shall  have  been 
encreased  during  such  timo  ;  and  no  Person 
holding  any  Office  under  the  United  States, 
shall  be  a  Member  of  either  House  during  his 
Continuance  in  Office. 

SECTION    VII. 

All  Bills  for  raising  Revenue  shall  originate  in 
the  House  of  Representatives  ;  but  the  Senate 
may  propose  or  concur  with  Amendments  as  on 
other  Bills. 

Every  Bill  which  shall  have  passed  the  House 
of  Representatives  and  the  Senate,  shall,  before 
it  become  a  Law,  be  presented  to  the  President 


To  establish  Post  Offices  and  post  Roads  ; 

To  promote  the  progress  of  Science  and  use 
ful  Arts,  by  securing  for  limited  Times  to  Au 
thors  and  Inventors  the  exclusive  Right  to  their 
respective  Writings  and  Discoveries; 

To  constitute  Tribunals  inferior  to  tho  su 
preme  Court ; 

To  define  and  punish  Piracies  and  Felonies 
committed  on  the  high  Seas,  and  Offences 
against  the  Law  of  Nations  ; 

To  declare  War,  grant  Letters  of  Marque  and 
Reprisal,  and  make  Rules  concerning  Captures 
on  Land  and  Water  ; 

To  raise  and  support  Armies,  but  no  Appro 
priation  of  Money  to  that  Use  shall  be  for  a 
longer  Term  than  two  Years  ; 

To  provide  and  maintain  a  Navy ; 


CONSTITUTION    OF    THE   UNITED    STATES. 


To  make  Rules  for  the  Government  and  Regu 
lation  of  the  land  and  naval  Forces ; 

To   provide  for  calling  forth   the   Militia  to 
execute  the  Laws  of  the  Union,  suppress  Insur 
rections  and  repel  Invasions; 

To  provide  for  organizing,  arming,  and  dis 
ciplining,  the  Militia,  and  for  governing  such 
Part  of  them  as  may  be  employed  in  the  Ser 
vice  of  the  United  States,  reserving  to  the 
States  respectively,  the  Appointment  of  the 
Officers,  and  the  Authority  of  training  the 
Militia  according  to  the  Discipline  prescribed 
by  Congress  ; 

To  exercise  exclusive  Legislation  in  all  Cases 
whatsoever,  over  such  District  (not  exceeding 
ten  Miles  square)  as  may,  by  Cession  of  parti 
cular  States,  and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the 
United  States,  and  to  exercise  like  Authority 
over  all  Places  purchased  by  the  Consent  of  the 
Legislature  of  the  State  in  which  the  Same  shall 
be.  for  the  Erection  of  Forts,  Magazines,  Ar 
senals,  Dock- Yards,  and  other  needful  Build 
ings; — And 

To  make  all  Laws  which  shall  be  necessary 
and  proper  for  carrying  into  Execution  the 
foregoing  Powers,  and  all  other  Powers  vested 
by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer 
thereof. 

SECTION    IX. 

The  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think 
proi [  er  to  admit,  shall  not  be  prohibited  by  the 
Congress  prior  to  the  Year  one  thousand  eight 
hundred  and  eight,  but  a  Tax  or  Duty  may  be 
imposed  on  such  Importation,  not  exceeding  ten 
dollars  for  each  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus 
shall  not  be  suspended,  unless  when  in  Cases  of 
Rebellion  or  Invasion  the  public  Safety  may  re 
quire  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall 
be  passed. 

No  Capitation,  or  other  direct,  Tax  shall  be 
laid,  unless  in  Proportion  to  the  Census  or  Enu 
meration  herein  before  directed  to  be  taken. 

No  Tnx  or  Duty  shall  be  laid  on  Articles  ex 
ported  from  any  State. 

No  Preference  shall  be  given  by  any  Regula 
tion  of  Commerce  or  Revenue  to  the  Ports  of  one 
State  ove-  those  of  another:  nor  shall  Vessels 
bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury, 
but  in  Consequence  of  Appropriations  made  by 
Law  ;  and  a  regular  Statement  and  Account  of 
the  Receipts  and  Expenditures  of  all  public 
Money  shall  be  published  from  time  to  lime. 

No  Title  of  Nobility  shall  be  granted  by  the 
United  States :  and  no  Person  holding  any  Office 
of  Profit,  or  Trust  under  them,  shall,  without 
the  Consent  of  the  Congress,  accept  of  any 
present,  Emolument,  Office,  or  Title,  of  any  kind 
whatever,  from  any  King,  Prince,  or  foreign 
State. 

SECTION    X. 

No  State  shall  enter  into  any  Treaty,  Alliance, 
or  Confederation  ;  grant  Letters  of  Marque  and 


Reprisal ;  coin  Money  ;  emit  Bills  of  Credit ; 
make  any  Thing  but  gold  and  silver  Coin  a  Ten- 
dt  r  in  Payment  of  Debts;  pass  any  Bill  of 
Attainder,  ex  post  facto  Law,  or  Law  impairing 
the  Obligation  of  Contracts,  or  grant  any  Title 
of  Nobility. 

No  State  shall,  without  the  consent  of  the 
Congress,  lay  any  Imposts  or  Duties  on  Imports 
or  Exports,  except  what  may  be  absolutely  ne 
cessary  for  executing  it's  inspection  Laws:  and, 
the  net  Produce  of  all  Duties  and  Impo  ts,  laid 
by  any  State  on  Imports  or  Exports,  shall  be 
for  the  Use  of  the  Treasury  of  the  United  States  ; 
and  all  such  Laws  shall  be  subject  to  the  Revis 
ion  and  Controul  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Con 
gress,  lay  any  Duty  cf  Tonnage,  keep  Troops,  or- 
Ships  of  War  in  time  of  Peace,  enter  into  any 
Agreement  or  Compact  with  another  State,  or 
with  a  foreign  Power,  or  engage  in  War,  unless 
actually  invaded,  or  in  such  imminent  Danger 
as  will  not  admit  of  Delay. 

ARTICLE    II. 

SECTION    I. 

Tbe  executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He 
shall  hold  his  Office  during  the  Term  of  four 
Years,  and,  together  with  the  Vice  President, 
chosen  for  the  same  Term,  be  elected,  as  fol 
lows 

Each  State  shall  appoint,  in  such  Manner  as 
the  Legislature  thereof  may  direct,  a  Number  of 
Electors,  equal  to  the  whole  Number  of  Senators 
and  Representatives  to  which  the  State  may  be 
entitled  in  the  Congress  :  but  no  Senator  or 
Representative,  or  Person  holding  an  Office  of 
Trust  or  Profit  under  the  United  States,  shall  be 
appointed  an  Elector. 

[The  Electors  shall  meet  in  their  respective 
States,  and  vote  by  Ballot  for  two  Persons,  of 
whom  one  at  least  shall  not  be  an  Inhabitant 
of  the  same  State  with  themselves.  And  they 
shall  make  a  List  of  all  the  Persons  voted  for, 
and  of  the  Number  of  Votes  for  each  ;  which, 
List  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  Seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in 
the  Presence  of  the  Senate  and  House  of  Rep 
resentatives,  open  all  the  Certificates,  and  the 
Votes  shall  then  be  counted.  The  Perso  huv- 
ing  the  greatest  Number  of  Votes  shall  be  t^e 
President,  if  such  Number  be  a  Majority  of  the 
whole  Number  of  Electors  appointed;  and  if 
there  be  more  than  one  who  have  such  Majority, 
and  have  an  equal  Number  of  Votes,  then  the 
House  of  Representatives  shall  immediately 
chuse  by  Ballot  one  of  them  ior  President ;  and 
if  no  Person  have  a  Majority,  then  from  the 
five  highest  on  the  List  the  said  House  shall  in 
like  Manner  chuse  the  President.  But  in 
causing  the  President,  the  Votes  shall  be  taken 
by  States,  the  Representation  from  each  State 
having  one  Vote ;  A  Quorum  for  this  Purpose 
shall  consist  of  a  Member  or  Members  from  IK-O- 
thirds  of  the  States,  and  a  Majority  of  all  the 
States  shall  be  necessary  to  a  Choice.  In  every 
Case,  after  the  Choice  of  the  President,  the  Per 
son  having  the  greatest  Number  of  Votes  of  the 


CONSTITUTION   OF   THE   UNITED    STATES. 


Electors  shall  be  the  Vice  President.     But  if  j  the  President  alone,  in  the  Courts  of  Law,  or  in 

the  Heads  of  Departments. 

The  President  shall  have  Power  to  fill  up  all 
Vacancies  that  may  ha  .pen  during  the  Recess  of 
the  Senate,  by  granting  Commission's  which 
shall  expire  at  the  End  of  their  next  Session. 


there  should  remain  two  or  more  who  have  equal 
Vote?,  the  Senate  shall  chuse  from  them  by 
Ballot  the  Vice  President.-] 

The  Congress  may  determine  the  Time  of 
chusing  the  Electors,  and  the  Day  on  which 
they  shall  give  their  Votes ;  which  Day  shall  be 
the  same  throughout  the  United  States. 

No  Pe-  son  except  a  natural  born  Citizen,  or  a 
Citizen  of  the  United  States,  at  the  time  of  the 
Adoption  of  this  Constitution,  shall  be  eligible  to 
the  Office  of  President;  neither  shall  any  Per 
son  be  eligible  to  that  Office  who  shull  not  nave 
attained  to  the  Age  of  thirty  five  Years,  and  been 
fourteen  Years  a  Resident  within  the  United 
States. 

In  Case  of  the  Removal  of  the  President  from 
Office,  or  of  his  Death,  Resignation,  or  Inability 
to  discharge  the  Powers  and  Duties  of  the  said 
Office,  the  same  shall  devolve  on  the  Vice  Pres 
ident,  and  the  Congress  may  by  Law  provide  for 
the  Case  of  Removal,  Death,  Resignation,  or  In 
ability,  both  of  the  President  arid  Vice  President, 
declaring  what  Officer  shall  then  act  as  Presi 
dent,  and  such  Officer  shall  act  accordingly, 
until  the  Disability  be  removed,  nr  a,  President 
shall  be  elected. 

The  President  shall,  at  stated  Times,  receive 
for  his  Services,  a  Compensation,  which  shall 
neither  be  encreased  nor  diminished  during  the 
Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any 
other  Emolument  from  the  United  States,  or  any 
of  them. 

Before  he  enter  on  the  Execution  of  his  Office, 
he  shall  take  the  following  Oath  or  Affirma 
tion  : — 

"I  do  solemnly  swear  (or  affirm)  that  I  will 
faithfully  execute  the  Office  of  President  of  the 
United  States,  and  will  to  the  best  of  my  Abil 
ity,  preserve,  protect  and  defend  the  Constitu 
tion  of  the  United  States." 

SECTION   II. 

The  President  shall  be  Commander  in  Chief 
of  the  Army  and  Navy  of  the  United  States,  and 
of  the  Militia  of  the  several  States,  when  called 
into  the  actual  Service  of  the  United  States  ;  he 
may  require  the  Opinion,  in  writing,  of  the 
principal  Officer  in  each  of  the  executive  De 
portments,  upon  any  Subject  relating  to  the 
Duties  of  their  respective  Offices,  and  he  shall 
have  Power  to  grant  Reprieves  and  Pardons  for 
Ofibrices  against  the  United  States,  except  in 
Cases  of  Impeachment 

He  shall  have  Power,  by  and  with  the  Advice 
and  Consent  of  the  Seriate,  to  make  Treaties, 
provided  two  thirds  of  the  Senators  present 
concur;  rind  he  shall  nominate,  and  by  and 
with  the  Advice  and  Consent  of  the  Senate,  shall 
appoint  Ambassadors,  other  public  Mini-ters 
and  Consuls,  Judges  of  the  supreme  Court,  and 
all  other  Officers  *tf  the  United  States,  whose 
Appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  Law  :  but 
the  Congress  may  by  Law  vest  the  Appointment 
of  such  inferior  Officers,  as  they  think  proper,  in 

*  This  clause  of  the  Constitution  has  beon  annulled. 
See  twelfth  article  of  the  amendments,  page  96. 


SECTION  III. 

He  shall  from  time  to  time  give  to  the  Con 
gress  Information  of  the  State  of  the  Union, 
and  recommend  to  their  Consideration  such 
Measures  as  he  shall  judge  necessary  and  ex 
pedient;  he  may,  on  extraordinary  Occasions, 
convene  both  Houses,  or  either  of  them,  and  in 
Case  of  Disagreement  between  them,  with 
Respect  to  the  Time  of  Adjournment,  he  may  ad 
journ  them  to  such  Time  as  he  shall  think 
proper;  he  shall  receive  Ambassadors  and  other 
public  Ministers ;  he  shall  take  Care  that  the 
Laws  be  faithfully  executed,  and  shall  Com 
mission  all  the  officers  of  the  United  States 

SECTION  IV. 

The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed 
from  Office  on  Impeachment  for,  and  Conviction 
of,  Treason,  Bribery,  or  other  high  Crimes  and 
Misdemeanors. 

ARTICLE    III. 

SECTION  I. 

The  judicial  Power  of  the  United  States,  shall 
be  vested  in  one  supreme  Court,  and  in  such 
inferior  Courts  as  the  Congress  may  from  time 
to  time  ordain  and  establish.  The  Judges, 
both  of  the  supreme  and  inferior  Courts,  shall 
hold  their  Offices  during  good  Behavior,  and 
shall,  at  stated  Times,  receive  for  their  Services, 
a  Compensation,  which  shall  not  be  diminished 
during  their  Continuance  in  Office. 

SECTION  II. 

The  judicial  Power  thall  extend  to  all  cases, 
in  Law  and  Equity,  arising  under  this  Constitu 
tion,  the  Laws  of  the  United  States,  and  Treaties 
made,  or  which  shall  be  made,  under  their  Au 
thority  ; — to  all  Cases  affecting  Ambassadors, 
otcer  public  Ministers,  and  Consuls  ; — to  all 
Cases  of  admiralty  and  maritime  Jurisdic 
tion; — to  Controversies  to  which  the  United 
States  shall  be  a  Party; — to  Controversies  be 
tween  two  or  more  States; — between  a  State  and 
Citizens  of  another  State ; — between  Citizens  of 
different  States, — between  Citizens  of  the  same 
State  claiming  Lands  under  Grants  of  different 
States,  and  between  a  State,  or  the  Citizens 
thereof,  and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other 
public  Ministers  and  Consuls,  and  those  in 
which  a  State  shall  be  Party,  the  supreme 
Court  shall  have  original  Jurisdiction,  tn  all 
the  other  Cases  before  mentioned,  the  supreme 
Court  shall  have  appellate  Jurisdiction,  both  as 
to  Law  and  Fact,  with  such  Exceptions,  and  under 
such  Regulations  as  the  Congress  shall  make. 

The  Trial  of  all  Crimes,  except  in  Cases  of 
Impeachment,  shall  be  by  Jury  ;  and  such  Trial 
shall  be  held  in  the  State  where  the  said  Crimes 
shall  have  been  committed  ;  b  t  when  not  com 
mitted  within  any  State,  the  Trial  shall  be  at 
such  Place  or  Places  as  the  Congress  may  by 
Law  have  directed. 


CONSTITUTION   OF   THE    UNITED    STATES. 


95 


SECTION  III. 

Treason  against  the  United  States,  shall  con 
sist  only  in  levying  War  against  them,  or  in 
adhering  to  their  Enemies,  giving  them  Aid  and 
Comfort  No  Person  shall  be  convicted  of 
Treason  unless  on  the  Testimony  of  two  Wit 
nesses  to  the  same  overt  Act,  or  on  Confession 
in  open  Court. 

The  Congress  shall  have  Power  to  declare 
the  Punishment  of  Treason,  but  no  Attainder  of 
Treason  shall  work  Corruption  of  Blood,  or  For 
feiture  except  during  the  Life  of  the  Person  at 
tainted. 

ARTICLE  IV. 

SECTION    I. 

Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Records,  and  judicial 
Proceedings  of  every  other  State.  And  the 
Congress  may  by  general  Laws  prescribe  the 
Manner  in  which  such  Acts,  Records  and  Pro 
ceedings  shall  be  proved,  and  the  Effect  thereof. 

SECTION    II. 

The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the 
several  States. 

A  Person  charged  in  any  State  with  Treason, 
Felony,  or  other  Crime,  who  shall  flee  from  Jus 
tice,  and  be  found  in  another  State,  shall  on 
Demand  of  the  executive  Authority  of  the  State 
from  which  he  fled,  be  delivered  up,  to  be  re 
moved  to  the  State  having  Jurisdiction  of  the 
Crime. 

No  Person  held  to  Service  or  Labour  in  one 
State,  under  the  Laws  thereof,  escaping  into 
another,  shall,  in  Consequence  of  any  Law  or  Re 
gulation  therein,  be  discharged  from  such  Ser 
vice  or  Labour,but  shall  be  delivered  up  on  Claim 
of  the  Party  to  whom  such  Service  or  Labour  may 
be  due. 

SECTION    III. 

New  States  maybe  admitted  by  the  Congress 
into  this  Union  ;  but  no  new  State  shall  be 
formed  or  erected  within  the  Jurisdiction  of 
any  other  State  ;  nor  any  State  be  formed  by 
the  Junction  of  two  or  more  States,  or  Parts  of 
States,  without  the  Consent  of  the  Legislatures 
of  the  States  concerned  as  well  as  of  the  Con 
gress. 

The  Congiess  shall  have  Power  to  dispose  of 
and  make  all  needful  Rules  and  Regulations  re 
specting  the  Territory  or  other  Property  belong 
ing  to  the  United  States  ;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  Preju 
dice  any  Claims  of  the  United  States,  or  of  any 
particular  S.ate. 

SECTION    IV. 

The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Gov 
ernment,  and  shall  protecteach  of  them  against 
Invasion;  and  on  Application  of  the  Legislature, 
or  of  the  Executive  (when  the  Legislature  can 
not  be  convened)  against  domestic  Violence. 

ARTICLE  V. 
The  Congress,  whenever  two  thirds  of  both 


Houses  shall  deem  it  necessary,  shall  propose 
Amendments  to  this  Constitution,  or,  on  the  Ap 
plication  of  the  Legislatures  of  two  thirds  of  the 
several  States,  shall  call  a  Convention  for  pro 
posing  Amendments,  which,  in  either  Case,  shall 
be  valid  to  all  Intents  and  Purposes,  as  Part  of 
this  Constitution,  when  ratified  by  the  Legisla 
tures  of  three  fourths  of  the  several  States,  or 
by  Conventions  in  three  fourths  thereof,  as  the 
one  or  the  other  Mode  of  Ratification  may  be 
proposed  by  the  Congress  ;  I'rovided  that  no 
Amendment  which  may  be  made  prior  to  the 
Year  one  thousand  eight  hundred  and  eight 
shall  in  any  Manner  affect  the  first  and  fourth 
Clauses  in  the  Ninth  Section  of  the  first  Article ; 
and  that  no  State,  without  its  Consent,  shall  be 
deprived  of  its  equal  Suffrage  in  the  Senate. 

ARTICLE  VI. 

AH  Debts  contracted  and  Engagements  en 
tered  into,  before  the  Adoption  of  this  Constitu 
tion,  shall  be  as  valid  against  the  United  States 
under  this  Constitution,  as  under  ike  Confede 
ration. 

This  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursuance  there 
of ;  and  all  Treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  ;  and  the 
Judges  in  every  State  shall  be  bound  thereby, 
any  Thing  in  the  Constitution  or  Laws  of  any 
State  to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before 
mentioned,  and  the  Members  of  the  several 
State  Legislatures,  and  all  executive  arid  judicial 
Officers,  both  of  the  United  States  and  of  the 
several  States,  shall  be  bound  by  Oath  or  Affir 
mation,  to  support  this  Constitution  ;  but  no  re 
ligious  Test  shall  ever  be  required  as  a  Qua!ifi- 
cation  to  any  Office  or  public  Trust  under  the 
United  States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine 
States,  shall  be  sufficient  for  the  Establishment 
of  this  Constitution  between  the  States  so  rati 
fying  the  Same. 

DONE  in  Convention  by  the  Unanimous  Consent 
of  the  States  present  the  Seventeenth  Day  of 
September  in  the  Year  of  our  Lord  one  thou 
sand  seven  hundred  and  Eighty  seven  and  of 
the  Independance  of  the  United  States  of 
America  the  Twelfth  3En  (Mittus*?  whereof 
We  have  hereunto  subscribed  oar  Names, 

G°:  WASHINGTON, 
Presidt  and  Deputy  from  Virginia 


NEW   HAMPSHIRE. 

John  Laugdon, 
Nicholas  (Jiiinan. 

MASSACHUSETTS. 

Xathaniol  Gorham, 
Rufus  King. 

CONNECTICUT. 

Win.  Sam'.  JoLmsou, 
Roger  Sherman. 

NEW  YORK. 

Alexander  Hamilton. 

NEW    JERSEY. 

Wi":  L;vi!MTston, 
David  Brearley, 
Wm.  I'atcrson, 
Jona.  Dayton. 


PENNSYLVANIA. 

B.  Franklin, 
Thomas  Mittliu. 
Robt.  Morris, 
Gee:  Clymer, 
Thu:  Fitzsimons, 
Jarcd  Ingorsoll, 
James  Wilson, 
Gouv:  Morris. 

DELAWARE. 

Geo:  Read. 

Gutiiiiiig  Bedford,  Jun'r, 
John  1'ickmson, 
Richard  Bassett, 
Jaco:  Broom. 


96 


CONSTITUTION    OF    THE   UNITED    STATES. 


MJVKYIAND. 

James  McfV;iry, 

Dan  :  of  St.  Thos.  Jenifer, 

Dan  I.  Carroll. 

V1RGINU. 

John  Blair, 

James  Mmlison,  Jr., 

NORTH    CAROLINA 

Wm.  Bloimt, 
Rich'd  Dobbs  Spaight, 
Hu.  Williamson. 
Attest: 


SOUTH  CAROLINA. 

J.  Rutledge, 

Charles  Cotesworth  Pinckney 
Charles  Pinckney, 
Pierce  Butler, 

GEORGIA. 

William  Few, 
Abr.  Baldwin. 

WILLIAM  JACK  SOX, 
Secretary. 


Amendments. 


Congress  shall  make  no  law  respecting  an  es 
tablishment  of  religion,  or  prohibiting  the  free 
exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 

ARTICLE  n. 

A  well  regulated  Militia,  being  necessary  to 
the  security  of  a  free  State,  ihe  right  of  the 
people  to  keep  and  bear  Arms,  shall  not  be  in 
fringed. 

ARTICLE    III. 

No  Soldier  shall,  in  time  of  peace  be  quar 
tered  in  any  house,  without  the  consent  of  the 
Owner,  nor  in  time  of  war,  but  in  a  manner  to 
be  prescribed  by  law. 

ARTICLE    IV. 

The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers,  and  effects,  against 
unreasonable  searches  and  seizures,  shall  not 
be  violated,  and  no  Warrants  &uall  issue,  but 
upon  probable  cause,  supported  by  Oath  or 
affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

ARTICLE  v. 

No  person  shall  be  held  to  answer  for  a 
capital,  or  otherwise  infamous  crime,  unless  on 
a  presentment  or  indictment  of  a  Grand  Jury, 
except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  Militia,  when  in  actual  yervice 
in  time  of  War  or  public  danger  ;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be 
twice  put  in  jeopardy  of  life  or  limo  ;  nor  shall 
be  compelled  in  any  Criminal  Case  to  be  a  wit 
ness  against  himself,  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of 
law  ;  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation. 

ARTICLE    VI. 

In  all  criminal  prosecutions,  the  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial,  by 
an  impartial  jury  of  the  State  arid  district 
wherein  the  crime  shall  have  been  committed, 
which  district  shafl  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation;  to  be  con 
fronted  with  the  witnesses  against  him ;  to 
have  Compulsory  process  for  obtaining  Wit 
nesses  in  his  favour,  and  to  have  the  Assistance 
of  Counsel  for  his  defence. 


ARTICLE    VII. 

In  Suits  at  common  law,  where  the  value  in 
controversy  shall  exceed  twenty  dollars,  the 
right  of  trial  by  jury  shall  be  preserved,  and 
no  fact  tried  by  a  jury  shall  be  otherwise  re- 
examined  in  any  Court  of  the  United  States, 
than  according  to  the  rules  of  the  common  law. 

ARTICLE    VIII. 

Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual 
punishments  inflicted. 

ARTICLE    IX. 

The  enumeration  in  the  Constitution,  of 
certain  rights,  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people. 

ARTICLE    X. 

The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by 
it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 

ARTICLE    XI. 

The  Judicial  power  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  iu 
law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  Citizens  of  another 
State,  or  by  Citizens  or  Subjects  of  any  Foreign 
State. 

ARTICLE   XII. 

The  Electors  shall  meet  in  their  respective 
states,  and  vote  by  ballot  for  President  and 
Vice  President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  state  with 
themselves;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of 
all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the 
number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Sen 
ate: — The  President  of  the  Senate  shall,  in 
presence  of  the  Senate  and  House  of  Repre 
sentatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted; — The  person  having 
the  greatest  number  of  votes  for  President, 
shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  ap 
pointed  ;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  num 
bers  not  exceeding  three  on  the  list  of  those 
voted  for  as  Preside'ut,  the  House  of  Repre 
sentatives  shall  choose  immediately,  by  ballot, 
the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  states,  the  repre 
sentation  from  each  state  having  one  vote:  a 
quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two  thirds  of  the 
states,  and  a  majority  of  all  the  suites  shall  be 
necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve- 
ipon  them,  before  the  fourth  day  of  March 
next  following,  then  the  Vice-President  shall 


CONSTITUTION    OF   THE   UNITED    STATES. 


97 


act  as  President,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  President. 
The  person  having  the  greatest  number  of 
votes  as  Vice-President,  shall  be  the  Vice- 
President,  it'  such  number  be  a  majority  of  the 
whole  number  of  Electors  appointed,  and  if  no 
person  have  a  majority,  then  from  the  two 
highest  numbers  on  th«  list,  the  Senate  shall 
choose  the  Vice-President;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the 
whole  numbsr  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  in 
eligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United 
States. 


PROCEEDINGS  OF  THE  CONVENTION  WHICH  FORMED 
THE  CONSTITUTION. 

IN     CONVENTION. 

MONDAY,  September  17,  1787. 

Resolved,  That  the  preceding  Constitution  be 
laid  before  the  United  States  in  Coagress  assem 
bled  :  and  that  it  is  the  opinion  of  this  Conven 
tion  that  it  should  afterwards  be  submiited  to 
a  convention  of  delegates,  chosen  in  each  State 
by  the  people  thereof,  under  the  recommenda 
tion  of  its  legislature,  for  their  assent  and  rati 
fication;  and  that  each  convention  assenting  to 
and  ratifying  the  same  should  give  notice 
thereof  to  the  United  States  in  Congress  assem 
bled. 

Resolved,  That  it  is  the  opinion  of  this  Con 
vention  that,  as  soon  as  the  conventions  of  nine 
States  shall  have  ratified  this  Constitution,  the 
United  States  in  Congress  assembled  should 
fix  a  day  on  which  electors  should  be  appointed 
by  the  States  which  shall  have  ratified  the  same, 
and  a  day  on  which  electors  should  assemble  to 
vote  for  the  President,  and  the  time  and  place 
for  commencing  proceedings  under  this  Consti 
tution  ;  that  after  such  publication,  the  electors 
should  be  appointed,  and  the  Senators  and 
Representatives  elected;  that  the  electors  should 
meet  on  the  day  fixed  for  the  election  of  the 
President,  and  should  transmit  their  votes,  cer 
tified,  signed,  sealed,  and  directed,  as  the  Con 
stitution  requires,  to  the  Secretary  of  the  United 
States  in  Congress  assembled;  that  the  Sena 
tors  and  Representatives  should  convene  at  the 
time  and  place  assigned ;  that  the  Senators 
should  appoint  a  President  of  the  Senate,  for 
the  sole  purpose  of  receiving,  opening,  and 
counting  the  votes  tor  President;  and  that,  after 
he  shall  be  chosen,  the  Congress,  together  with 
the  President,  should,  without  delay,  proceed  to 
execute  this  Constitution. 
By  the  unanimous  order  of  the  Convention  : 
G°:  WASHINGTON,  President. 
WILLIAM  JACKSON,  Secretary. 

LETTER    OF    THE    CONVENTION    TO    THE    OLD    CON 
GRESS. 

IN  CONVENTION. 

SEPTEMBER  1 7,  1787. 

SIR  :  We  have  now  the  honor  to  submit  to  the 
ronsideration  of  the  United  States  in  Congress 


assembled,   that    Constitution   which   has   ap 
peared  to  us  the  most  advisable. 

The  friends  of  our  country  have  long  seen 
and  desired  that  the  power  of  making  war, 
peace,  and  treaties  ;  that  of  levying  money,  and 
regulating  commerce,  and  the  correspondent 
executive  and  judicial  authorities,  should  be 
fully  and  effectually  vested  in  the  General  Gov 
ernment  of  the  Union  ;  but  the  impropriety  of 
delegating  such  extensive  trust  to  one  body  of 
men  is  evident ;  hence  results  the  necessity  of  a 
different  organization. 

It  is  obviously  impracticable  in  the  federal 
government  of  these  States  to  secure  all  rights 
of  independent  sovereignty  to  each,  and  yet 
provide  for  the  interest  and  safety  of  all.  Indi 
viduals  entering  into  society  must  give  up  a 
share  of  liberty  to  preserve  the  rest.  The  mag 
nitude  of  the  sacrifice  must  depend  as  well  on 
situation  and  circumstance  as  on  the  object  to 
be  obtained.  It  is  at  all  times  difficult  to  draw 
with  precision  the  line  between  those  rights 
which  must  be  surrendered  and  those  which 
may  be  reserved  ;  and  on  the  present  occasion, 
this  difficulty  was  increased  by  a  difference 
among  the  several  States  as  to  their  situation, 
extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we 
kept  steadily  in  our  view  that  which  appears 
to  us  the  greatest  interest  of  every  true  Ameri 
can — the  consolidation  of  our  Union — in  which 
is  involved  our  prosperity,  felicity,  safety,  per 
haps  our  national  existence.  This  important 
consideration,  seriously  and  deeply  impressed 
on  our  minds,  led  each  State  in  the  Convention 
to  be  less  rigid  on  points  of  inferior  magni 
tude  than  might  have  been  otherwise  expected  ; 
and  thus  the  Constitution  which  we  now  present 
is  the  result  of  a  spirit  of  amity  and  of  that 
mutual  deference  and  concession  which  the 
peculiarity  of  our  political  situation  rendered 
indispensable. 

That  it  will  meet  the  full  and  entire  appro 
bation  of  every  State  is  not,  perhaps,  to  be  ex 
pected  ;  but  each  will  doubtless  consider  that, 
had  her  interest  been  alone  consulted,  the  con 
sequences  might  have  been  particularly  disa 
greeable  or  injurious  to  others.  That  it  is 
liable  to  as  few  exceptions  as  could  reasonably 
have  been  expected,  we  hope  and  believe. 
That  it  may  promote  the  lasting  welfare  of  that 
country  so  dear  to  us  all,  and  secure  her  free 
dom  and  happiness,  is  our  most  ardent  wish. 

With  great  respect,  we  have  the  honor  to  be, 
sir,  your  excellency's  most  obedient,  humble 
servants. 

By  unanimous  order  of  the  Convention  : 

G°:    WASHINGTON.  President. 
His  Excellency  the  PRESIDENT  OP  CONGRESS. 

PROCEEDINGS    IN    THE    OLD    CONOR  ESS. 
UNITED  STATES  IN  CONGRESS   ASSEMBLED. 

FRIDAY,  September  28,  1787. 
Present — New  Hampshire,  Massachusetts, 
Connecticut,  New  York,  New  Jersey,  Pennsyl 
vania,  Delaware,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia  ;  and  from  Mary 
land,  Mr.  Ross. 


98 


CONSTITUTION    OF   THE    "  CONFEDERATE "   STATES. 


Congress  having  received  the  report  of  the 
Convention  lately  assembled  in  Philadelphia — 

Resolved,  unanimously,  That  the  said  report, 
with  the  resolutions  and  letter  accompanying 
the  same,  be  transmitted  to  the  several  legisla 
tures,  in  order  to  be  submitted  to  a  convention 
of  delegates  chosen  in  each  State  by  the  peo 
ple  thereof,  in  conformity  to  the  resolves  of  the 
Convention  made  and  provided  in  that  case. 

CHARLES  THOMSON,  Secretary. 


Constitution  of  the  "  Confederate  " 
States. 

In  framing  the  Constitution  of  the  so-called  "  Confederate 
States  of  America,"  its  authors,  in  nearly  all  its  parts,  have 
adopted  the  precise  language  of  the  Constitution  of  the 
United  States,  and  have  followed  the  same  order  of  arrange 
ment  in  its  articles  and  sections  throughout.  The  two 
Constitutions,  however,  differ  in  muny  particulars,  and  it  is 
designed,  in  this  chapter,  to  exhibit  clearly  the  points  of 
difference  between  them. 

The  preamble  is  changed  in  the  following  respects  :  the 
•words  "United  States,"  near  the  beginning,  are  stricken 
out.  and  the  following  woids  inserted  in  their  place  :  "Con 
federate  States,  each  Mate  acting  in  its  sovereign  and  inde 
pendent  character  ;"  also,  the  words  "  more  perfect  union  " 
are  stricken  out,  and  the  words  '-permanent  federal  govern 
ment"  inserted  in  their  place;  also,  the  following  words 
are  omitted:  "provide  for  the  common  defence,  promote  the 
general  welfare;"  also,  after  the  word  "posterity,"  fie  fol 
lowing  words  are  inserted:  "  invoking  the  favor  and  gui 
dance  of  Almighty  God;"  also,  the  word  "Confederate" 
takes  the  place  of  "  United,"  preceding  the  word  "States." 
Thislast  change  takes  place  throughout  the  entire  instru 
ment. 


ARTICLE  I. 

SECTION  1.  The  word  ''granted"  is  stricken  out,  and  the 
word  '-delegated"  inserted  in  its  place  ;  also,  the  word 
"United,"  preceding  the  word  "States,"  is  stricken  out,  and 
the  word  "Confederate  "  inserted  in  its  place. 

SECTION  2.  This  section  is  changed  as  follows:  in  the  first 
paragraph,  after  the  words  '•  in  each  State  shall"  the  fol 
lowing  words  are  inserted  :  "  be  citizens  of  the  Confederate 
States,  and"  ;  also,  the  following  words  are  added  to  this 
paragraph:  "but  no  person  of  foreign  birth,  and  not  a 
citizen  of  the  Confederate  States,  shall  be,  allowed  to  vote  for 
any  officer,  civil  or  political,  ttate  or  federal." 

In  the  second  paragraph,  the  words  "been  seven  years  a 
citizen  of  the  United"  are  stricken  out,  and  the  words  "be  a 
citizen  of  the  Confederate"  inserted  in  place  of  them. 

In  the  third  paragraph  the  word  "Union"  is  stricken 
out.  and  the  word  "Confederacy"  substituted;  also  the 
words  "  other  persons"  are  stricken  out,  and  the  word 
" slaves "  substituted;  also,  the  word  "thirty."  preceding 
the  word  '-thousand."  is  stricken  out,  and  the  word  "fifty" 
substituted  :  also,  all  the  words  in  this  paragraph  after 
the  words  ''  the  State  of"  are  stricken  out,  and  the  fallow 
ing  words  substituted:  "South  Carolina  shall  be  entitled  to 
choose  six,  the  State  of  Georgia  ten,  the  State  of  Alabama 
nine,  the  State  of  Florida  two.  the  State  of  IHttiuippi  seven, 
the  State  of  Louisiana  six.  and  the  State  of  Texas  six." 

No  change  is  made  in  the  fourth  paragraph,  and  the  fifth 
paragraph  is  changed  by  adding  the  following  words  :  "ex 
cept  that  any  jwdcial  or  other  federal  officer  resident  and 
acting  solely  within  the.  limits  of  any  State,  may  be  impeached 
by  a  vote  of  two  thirds  of  both  branches  of  the  Legislature 
tJtereof." 

SECTION  3.  In  the  first  paragraph. after  t\\G  words  "thereof 
for  six  years,"  the  words  "  at  the  regular  session  next  im 
mediately  preceding  the  commencement  of  the  term  of  service' ' 
are  inserted. 

No  change  is  made  in  the  second  paragraph.  In  the 
third  paragraph  tho  words  "been  nine  years  a  citizen  of 
the  United  "  are  stricken  out,  and  the  words  "  be  a  citizen 
of  the  Confederate"  substituted. 

SECTION  4.  The  first  paragraph  of  this  section  is  changed 
by  inserting  the  words  "subject  to  the  provisions  of  this 
Constitution"  between  the  word  "thereof"  and  the  word 
"  but."  Also,  the  words  "  times  and  "  are  inserted  near  the 
close,  before  the  word  "places." 

SKCTION  5.  In  the  second  paragraph  of  this  section,  the 
words  -of  the  whole  number"  are  inserted,  between  the 
word  "two-thirds"  and  the  word  "expel." 

SECTION  0.  This  section  is  Changed  by  striking  out  the 


word  "felony  "  after  the  word  "  treason"  in  the  first  para 
graph. 

The  second  paragraph  is  changed  hy  adding  thereto  the 
following  words:  "  But  Congress  may.  by  law  grant  to  the 
principal  officer  in  ea<-h  of  the  executive  departments  a  seat 
upon  the  flow-  of  either  House,  wth  the  privilege  of  discutt- 
ing  any  measures  appertaining  to  his  department." 

SE<TION?.  The  fallowing  (han^es  are  made  in  this  sec 
tion  :  In  the  second  paragraph  the  words  "  the  Ifouse  of  Rep 
resentatives  and  the  Senate,"  aro  stricken  out.  and  th-.-  words 
both  Houses"  substituted  ;  also  the  word  "such"  is  in 
serted  between  tho  word  "  all"  and  the  word  "cases  ;"  also 
the  following  words  are.  added  to  the  end  of  this  psirairraph  : 
The  President  may  approve  any  appropriation  and  disap 
prove  any  other  appropriation  in  the  same  bill.  In  such 
case  he  shall,  in  signing  the  bfti,  designate  the.  appropria 
tions  disapproved,  and  shall  return  a  copy  of  such  appro 
priations,  with  his  olijectif/ns,  to  the  House  in  which  the  bill 
shall  have  originated  ;  and  the  same  proceedings  shall  then 
be  had  as  in  case  of  other  bills  disapi>roved  by  the  Presi 
dent." 

Tlxe  third  paragraph  is  changed  by  striking  out  the  words 
'•'  The  Senate  and  House  of  Representatives"  in  both  places 
where  they  occur,  and  inserting  in  their  places,  in  both 
cases,  the  words  "  both  Houses ;"  also  by  substituting  the 
word  •'  may"  for  the  word  "shall"  after  the  words  "  dis 
approved  by  him." 

SECTIONS.  In  the  first  paragraph,  after  the  word  "excises" 
the  words  "for  revenue  necessary"  are  inserted;  also  the 
word  "  and "  after  the  word  "  debts  "  is  omitted;  also  the 
words  "and  general  welfare  of  the  United  States;  but"  are 
stricken  out,  and  the  following  words  substituted:  "and 
carry  on  the  government  of  the  Confederate  States ;  but  no 
bounties  shall  be  granted  from  the  treasury,  nor  shall  any 
duties  or  taxes  on  importations  Jrom  foreign  nations  be  laid 
to  promote  or  foster  any  branch  of  industry ;  and" 

The  third  paragraph  is  changed  by  adding  thereto  tho 
following  words:  "but  neither  this,  nor  any  other  clause 
contained  in  the  Constitution,  shall  ever  be  construed  to  del 
egate  the  power  to  Congress  to  appropriate  money  for  any 
internal  improvement  intended  to  facilitate  commerce  ;  ex 
cept  for  the  purpose  of  furnishing  lights,  beacons,  and  buoys, 
and  other  aids  to  navigation  upon  the  coasts,  and  the  improve 
ment  ofJiarborn,  and  the  rcmwing  of  obstructions  in  river 
navigation  ;  in  all  such  cases  such  duties  shall  be  laid  on  the 
navigation  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof." 

The  fourth  paragraph  is  changed  by  adding  thereto  the 
fol  lowing  words :  "  but  no  law  of  Congress  shall  discharge  any 
debt  contracted  before  the  passage  of  the  same" 

Tho  seventh  p  iragraph  is  changed  as  follows:  the  last 
word  "  roads"  is  changed  to  "routes,"  and  the  following 
words  added  thereto:  "but  the  expenses  of  the  Post-office 
Department,  after  the  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-three,  shall  be  paid  out  of 
its  own  revenues." 

In  the  fifteenth  paragraph,  the  word  "  Union"  is  stricken 
out  and  the  words  "  the  Confederate  States"  substituted. 

SECTION  9.  The  whole  of  the  first  paragraph  is  stricken 
out,  and  the  following  words  substituted  therefor  :  "  The 
importation  of  negroes  of  the  African  race  from  any  foreign 
country  other  than  the  slaveholding  States  or  territories  of 
tlie  United  States  of  America  is  hereby  forbidden  ;  and  Con 
gress  is  required  topass  such  laws  as  shall  effectually  prevent 
the  same.  Congress  shall  also  have  power  to  prohibit  the  in 
troduction  of  slaves  from  any  State  not  a^  member  of,  or 
territory  wit  belonging  to,  this  Confederacy."* 

In  the  third  paragraph,  after  the  word  "tow,"  the  words 
"  or  law  denying  or  impairing  the  right  of  property  in  negro 
slaves"  are  inserted. 

The  fifth  paragraph  is  changed  hy  adding  thereto  the  fol 
lowing  words :  "  except  by  a  vote  of  two  thirds  of  botk 

Tho  sixth  paragraph  is  changed  by  the  omission  of  all, 
after  the  word  "  another." 

Tho  following  clauses  are  inserted  after  the  seventh 
paragraph  :  "  Congress  shall  appropriate  no  money  from  the 
treasury  except  by  a  vote  of  twv  thirds  of  both  Houses,  taken 
bu  yeas  and  nay*,  unless  it  be  asked  and  a&matedfor  by  some 
one  of  the  heads  of  departments  and  nitatOtod  /  >  Congress  by 
the  President ;  or  for  the  purpose  «f  paying  its  >wn  expenses 
and  contingencies  ;  or  for  the  payment  <>t  <•!  ,,ms  against  the 
Confederate  Stain.*  tttutfa  <•''  whit*  ri  Q  '•'  -  '•  ••  .•  •'••• 
ciaUydtdand  by  a  tribunal  for  the  inrcsligati'm  of  claims 
•  niainst  the  Government,  which  it  is  hereby  made  the  duty  of 
<  'i»ig>-'-.s  to  establish." 

"All  bills  appropriating  money  shall  tpec^fyvn  federal 
currency  the  exact  nm  •>!/««  of  r-»rfc  aftprnprifUion  and  the 


*  This  provision  is  snid  to  have  been  adopted  as  a  part  of 
the  Permanent  Constitution,  by  the  vote  of  the  ^  tates  < 
Georgia,  Alabama,  Louisiana,  and  Mississippi,  against  that 
of  South  Carolina  and  Florida. 


CONSTITUTION    OF   THE   "CONFEDERATE77   STATES. 


99 


purposes  for  which  it  is  made  ;  and  Congress  sliall  grant  no 
extra  compensation  to  any  public  contracfor,  officer,  agent,  or 
servant,  after  such  contract  shall  have  been  made  or  such  ser 
vice  rendered." 

This  section  is  further  changed  by  adding  to  it  the  first 
ei^ht  amendments  to  the  Constitution  of  the  United  States, 
followed  by  this  paragraph  :  "  Every  law  or  resolution  hav 
ing  the  force  of  law,  shall  relate  to  but  one  subject,  and  that 
shall  be  expressed  i>i  the  title." 

SECTION  10.  The  flrst  paragraph  is  changed  by  striking 
out  the  following  words:  "  emit  bills  of  credit;"  also  by 
inserting  the  word  "or"  between  the  word  "  attainder" 
and  the  words  "  ex  post  facto." 

The  third  paragraph  is  changed  by  inserting  after  the 
word  "  tonnage,"  the  following  words:  "  except  on  seagoing 
vessels,  for  the  improvement  of  its  rivers  and  harbors  navi 
gated  by  the  said  vessels  ;  but  such  duties  shall  not  conflict 
with  any  treaties  of  the  Confederate  States  with  foreign  na 
tions  ;  an- 1  any  surplus  of  revenue  thus  derived  shall,  of ter 
making  such  improvement,  be  paid  into  the  common  Treas 
ury ;  nor  shall  any  State" .  Also  the  following  clause  is 
(iddeu  to  this  paragraph  :  "  But  when  any  river  divides  or 
flows  through  two  or  mere  States,  they  may  enter  into  com 
pacts  with  each  otter  to  improve  the  navigation  thereof  " 

ARTICLE  H. 

SECTION  1.  The  first  paragraph  is  so  altered  as  to  read  as 
follows  :  •'  Ihe  executive  power  shall  be  vested  in  a  President 
of  the  Confederate  States  of  America.  He  and  thu  Vice 
President  shall  hold  their  offices  for  the  term  of  six  years  ; 
but  the  President  shall  not  be  re-eligible.  The  President  and 
Vice  President  shall  be  elecied  as  follows  ;" 

The  third  paragraph  is  stricken  out,  and  the  twelfth  arti 
cle  of  the  amendments  to  the  Constitution  of  the  United 
States  substituted. 

The  tilth  paragraph  is  changed  in  the  following  respects  : 
the  words  "  or  a  citizen  of  the  United  States"  are  stricken 
out,  and  the  words  "  of  the  Confederate  States,  or  a  citizen 
thereof"  substituted  ;  also  alter  the  word  "  Constitution," 
t  ,e  following  words  are  inserte-l  :  "  or  a  citizen  thereof 
bom  in  the  United  States,  prior  to  the  20£/t  of  December, 
1860  ;"  also  the  words  "  United  States''  at  tne  close  of  the 
paragraph,  are  stricken  out,  and  the  words  »'  limits  of  tJie 
Confederate  States,  as  they  may  exist  at  the  time  of  his  elec 
tion"  are  substituted. 

The  eigiith  paragraph  is  changed  by  substituting  the 
word  "  enters"  for  the  word  "  enter." 

The  last  paragraph  is  changed  by  striking  out  the  words 
41  of  the  United  States"  at  the  close,  and  substituting  the 
word  "  thereof." 

SECTION  2.  The  second  paragraph  is  changed  by  adding 
thereto  the  words  following  :  "  The  principal  officer  in  each 
of  the  executive  departments,  and  all  persons  connected  wi/h 
the  diplomatic  service,  may  be  removed  from  office  at  the 
pleasure  of  the  P)-esident.  All  other  civil  officers  of  the  ex 
ecutive  department  may  be  removed  at  any  time  by  the  Pres 
ident,  or  other  appointing  power,  when  their  services  are 
unnecessary,  or  for  dishonesty,  incapacity,  inefficiency,  mis 
conduct,  or  neglect  of  duty ;  and  w/'ien  so  removed,  the  re 
moval  shall  be  reported  to  the  Senate,  together  with  the 
reasons  therefor." 

The  third  paragraph  is  changed  by  dropping  the  word 
41  up"  after  the  word  "Jill." 

SECTION  3.  This  section  is  changed  in  the  following  res 
pects:  the  first  word  "He"  is  stricken  out  and  the  words 
"The  President"  substituted;  also  the  word  "-Union"  is 
atricken  out  and  the  word  '•Confederacy"  substituted. 

ARTICLE  III. 

SECTION  1.  In  this  section  the  word  "  supreme"  is  stricken 
out  and  the  word  '•  Superior''  substituted  in  the  first  sen 
tence  of  the  first  paragraph. 

SECTION  '2.  This  section  is  changed  as  follows :  after  the 
clause  •'  citizens  of  another  State,"  the  following  clause  is 
inserted :  "  where  the  State  is  plaintiff;"  also  the  next  s.mple 
sentence  is  changed  by  inserting  the  words  "  claiming 
lands  under  grants"  between  the  word  "citizens"  and  the 
word  ••  of-"  also  the  following  clause  is  stricken  out:  "  be 
tween  citizens  of  t/te  same  State  claiming  lands  under  grants 
of  different  States;"  also  ihe  following  clause  is  added  to 
the  lir.st  paragraph :  '•  but  no  State  shall  be  sued  by  a  citi 
zen  or  subject  of  any  foreign  State;"  also  in  the  first  part  of 
this  paragraph  the  following  clauses:  "in  law  and  equity  " 
and  ••  arising  under  this  Constitution,"  are  transposed. 

In  the  third  paragraph,  in  the  clause  "  where  the  said 
'Crimes  shall  have  been  committed,"  the  word  '•  crimes''  is 
changed  to  the  word  "crime." 

ARTICLE  IV. 
SECTION  1.  No  change. 

SECTION  2  The  first  paragraph  is  changed  by  adding 
thereto  the  following  clauses  :  "  and  shall  have  the  right  of  \ 


transit  and  sojourn  in  any  State  of  this  Confederacy,  with 
their  slaves  and  other  property  ;  and  the  right  of  property 
in  such  slaves  sho.tl  not  be  thereby  impaired." 

The  third  paragraph  is  changed  in  the  following  respects : 
after  the  first  word  "  No  "  the  words  "slave  or"  are  in 
serted;  also  the  words  "one  State"  are  stricken  out,  and 
the  words  "any  State  or  Territory  of  the  Confederate  States" 
are  substituted  ;  also,  after  the  word  "  escaping  "  the  words 
"or  lawfully  carried  into"  are  inserted;  also  the  words 
"  slave  belongs,  or  to  whom  such  "  are  inserted  between  the 
word  "  such ' '  and  the  word  ' ;  service,"  near  the  close  of  the 
paragraph. 

SECTION  3.  The  first  paragraph  is  changed  by  striking 
out  all  the  words  to  and  including  the  word  "  Union,"  and 
substituting  the  words  "  Other  States  may  be  admitted  into 
this  Confederacy  by  a  vote  of  two  thirds  of  the  whole  Hvuse 
of  Representatives  and  two  thirds  of  the  Senate,  the  Senate 
voting  by  States." 

The  second  paragraph  is  changed  by  striking  out  all  after 
the  word  "  regulations' '  and  inserting  the  following  claup«-i : 
' '  concerning  the  property  of  the  Confederate  States,  including 
the  lands  thereof." 

"  Tlie.  Confederate  States  may  acquire  new  territory,  and 
Congress  shall  hive  power  to  legislate  and  provide  govern 
ments  for  the  inhabuants  of  all  territory  belonging  to  the 
Confederate  States  lying  without  the  limits  of  the  several 
Staces,  and  may  permit  them,  at  such  limes  and  in  such 
manner  as  it  may  by  law  provide,  to  form  States  to  be  ad 
mitted  into  the  Confederacy.  In  all  such  territory  the  in 
stitution  of  negro  slavery  as  it  now  exists  in  the  Confederate 
States  shall  be  recognized  and  protected  by  Congress  and  by 
the  territorial  government,  and  the  inhabitants  of  the  several 
Confederate  States  and  territories  shall  have  the  right  to  take 
to  suc7i  territory  any  slaves  lawfully  held  by  them  in  any  of 
the  States  or  Territories  of  the  Confederate  States." 

SECTION  4.  This  section  is  changed  as  follows:  the  words 
•'  in  this  Union  "  are  stricken  out,  and  the  words  '•'•that  now 
is,  or  hereafter  may  become,  a  member  of  this  Confederacy  " 
inseuted:  also,  after  the  word  "Legislature,"  'the  words 
"cannot  be  convened"  are  dropped,  and  the  words  "  is  not 
in  session,"  substituted  ;  also  this  entire  section  is  omitted, 
as  a  section,  and  placed  at  the  end  of  section  3,  as  a  par 
agraph  thereof. 

ARTICLE  V. 

This  article  is  stricken  out  entirely,  and  the  following 
substituted :  "  Upon  the  demand  of  any  three  States,  legally 
assembled  in  their  several  Conventions,  the  Congress  shall 
summon  a  Convention  of  all  the  States,  to  take  into  considera 
tion  such  amendments  to  the  Constitution  as  the  said  States 
shall  concur  in  suggesting  at  the  time  when  the  said  demand 
is  made;  and  should  any  of  the  proposed  amendments  to  the 
Constitution  be  agreed  on  by  the  said  Convention — voting  by 
States— and  the  same  be  ratified  by  the  Legislatures  of  two- 
thirds  of  the  several  States,  or  by  Conventions  in  two-thirds 
thereof— as  the  one  or  the  other  mode  of  ratification  may  be 
proposed  by  the  general  Convention — they  shall  henceforward 
form  a  part  of  this  Constitution .  But  no  State  shall,  without 
its  consent,  be  deprived  of  its  equal  representation  in  the 
Senate." 

ARTICLE   VI. 

This  article  is  preceded  by  the  following  paragraph  : 
"  The  Government  established  by  this  Constitution  is  the  suc 
cessor  of  the  Provisional  Gmernment  of  the  Confederate 
States  of  America,  and  all  laws  passed  by  the  latter  shall 
continue  in  force  until  the  same  sh.dl  be  repealed  or  modified  ; 
and  all  the  officers  appointed  by  the  same  shall  remain  in 
office  until  their  successors  are  appointed  and  qualified  or 
the  offices  abolished." 

The  first  paragraph  is  changed  by  striking  out  the  word 
"  Confederation"  and  substituting  the  words  "  Provisional 
Government." 

In  the  second  paragraph,  the  words  "which  shall  be" 
following  the  word  "  States"  are  stricken  out. 

This  article  is  also  changed  by  adding  thereto  the  9th  and 
10th  articles  of  the  Amendments  to  the  Constitution  of  the 
United  States,  as  two  additional  paragraphs,  after  adding 
to  the  9th  Article  the  words:  "  of  tlie  several  States." 

ARTICLE  VII. 

The  first  paragraph  is  changed  by  substituting  the  word 
"five"  for  the  word  "nine"  preceding  the  word  "  States." 

Also  the  following  paragraph  is  added  to  the  foregoing 
as  amended : 

"  When  five  States  s?iall  have  ratified  this  Constitution,,  in 
the  manner  before  specified,  the  Congress  under  the  Provis 
ional  Constitution  shall  prescribe  the  time  for  holding  the  elec 
tion  of  President  and  Vice  President ;  and  for  the  meeting  of 
the  electoral  college  ;  and  for  counting  the  votes  and  inaugu 
rating  the  President.  They  shall  also  prescribe  the  time  far 
holding  the  first  election  of  members  of  Congress  under  this 
Constitution,  and  the  time  for  assembling  the  same.  Until  tfo 


100 


INDEX   TO    CONSTITUTIONS. 


assembdng  of  such  Congress,  the  Congress  undrr  the  provis 
ional  Crmstitutum  shall  continue  to  exercise  t!>e  legislative 
powers  granted  them,  not  extending  beyond,  the  time  limited 
by  ike  Constitution  of  the  Provisional  Government.'' 

The  final  paragraph  :  "  Done  in  convention  by  the  unanv- 
mous  consent,"  £c.,  is  omitted,  and  the  words  following 
substituted :  "  Adopted  unanimously,  March  11,  1861." 


Index  to  the  Constitution  of  the  Uni 
ted  States,  and  of  the  "  Confederate" 
States. 


A. 

Arts  and  Sciences,  to  be  promoted  
Acts,  records,  and  judicial  proceedings 
of  each  State  entitled  to  faith  and 
credit  in  other  States        

Art. 

1 

4 
5 

2 

1 
1 

1 

2  A 
1  A 

1 
1 

3 

Sec. 

g 

1 
1 

2 
2 
9 

8 
8 
n'd. 
n'd. 

9 

10 

3 

Art.1 

1 

4 
5 

o 
1 
1 

1 
1 
1 
1 

1 
1 

3 

1 

i 
1 

1 

1 

1 
1 

1 

1 
1 

4 

3 

1 
1 
1 
1 
1 

2 
1 
1 

1 
1 
2 

Sec. 

8 

1 
1 
2 
9 

8 
8 
9 
9 

9 
10 

3 

7 

9 
8 

7 

7 

7 
8 

8 

9 
2 

o 

9 
9 

8 
8 
9 

2 
9 
1 

4 
4 

6 
1 

Amendments  to  the  Constitution,  how 

Appointments  to  be  made  by  the  Pres- 

Apportionment  of  representatives  

Appropriations  for  Army  not  to  exceed 

Armies,  Congress  to  raise  aud  support. 
Arm?,  right  of  people  to  levy  and  bear. 

Attainder,  bill  of,  prohibited  to  Con- 

prohibit0'!  to  the  States              

of  treason  shall  not  work  corruption 
of  blood,  or  forfeiture  except  &c  
Appropriation  lillsmny  be  approved  in 

B. 

Bail,  excessive,  not  to  bo  required  

8A 
1 

1 

1 

1 
1 

m'd. 
8 

7 

7 
8 

Bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives  
before  tb^y  become  laws,  shall  be 
passed  by  both  houses  aud  approv 
ed  by  President;  or,  if  disapproved, 
shall  be  passed  by  two-thirds  of 

not  returned  in  ten  days,  unless  an 
adjournment  intervene,  shall  be 

law.   ...             p-rp<!<5  mav 

Bounties  cannot  be  granted  from  the 

C. 

Capitation  tax,  apportionment  of.  
Census,  to  be  nude  every  ten  years  
Citizens  of  each  State  to  be  entitled  to 
the  privileges  of  citizens  in  the  sev- 

1 
1 

4 

9 

•2 

2 

of  one  State  not  to  sue  those  of  anoth- 

4 

3 

1 

1 
1 

1 

7  A 
1 

1 

9 
8 
8 
9 

2 
m'd 
1 

4 

"4 

6 

1 

Coins,  Congress  to  fix  value  of  foreign... 
Ccmmerce,  Congress  to  regulate  

Commissions  to  be  granted  by  the  Pres- 

Common  law  recognized  and  established 
Congress  vested  with  legislative  power., 
may  alter  the  regulations  of  State 
legislatures  concerning  elections  of 
Senators  and  Representatives,  ex 
cept  as  to  place  of  choosing  Sena 

also,  except  as  to  time  and.  place  ol 

1 

1 

2 

officers  of  Government   cannot   be 

may  prescribe  for  cases  of  removal, 
death,  £c.,  of  President  and  Vice- 

may  determine  the  time  of  choosing 

•    U.S.    I   'C"S, 


electors  of  Presid  ent  and  Vice-  Pn  -s  - 
idcnt 

may  invest  the  appointment  of  infe 
rior  officers  in  the  President  alone, 
iu  the  courts  of  law,  or  the  heads 
of  departments 

may  establish  courts  inferior  to  the 
Supreme  Court 

may  declare  the  punishment  of  trea 
son 

may  prescribe  the  manner  of  proving 

the  acts  and  records  of  each  State... 

.lo  assent  to  the  formation  of  new 

States 

may  propose  amendments  to  Consti 
tution,  or  call  convention 

to  lay  and  collect  taxes 

to  borrow  money        

to  regulate  commerce 

to  establish  uniform  laws  of  bank 
ruptcy  and  navigation 

to  coin  money,  regulate  the  value  of 
coin,  and  fix  the  standard  of 
weights  and  measures 

to  punish  counterfeiting , 

to  constitute  tribunals  inferior  to  the 
Supreme  Court 

to  punish  pirac  es,  felonies  on  the 
high  seas,  and  offences  against  the 
laws  of  nations 

to  establish  post  offices  and  post 
roads.  (,cr  routes) 

to  authorize  patents  to  authors  and 
inventors  

to  declare  war,  grant  letters  of 
marque,  and  make  rules  concern 
ing  captures .' 

to  raise  and  support  armies , 

to  provide  and  maintain  a  navy 

to  make-  rules  for  the  government  of 
the  army  and  navy 

to  call  out  the  militia  in  certain 
cases 

to  pass  laws  necessary  to  carry  the 
enumerated  powers  into  effect 

to  dispose  of  and  make  rules  con 
cerning  the  territory  or  other  prop 
erty  of  the  government 

President  may  convene  and  adjourn, 
in  certain  cases 

shall  not  appropriate  money  unless 
it  be  estimated  for  by  the  beau  of  a 
department  and  submitted  by  the 
President,  unless  by  a  vote  of  two 
thirds  of  both  Houses — or  to  pay 
its  own  expenses,  or  claims  against 

the  Confederacy 

Compensation,  extra,    to    contractors, 

officers,  &c.,  not  to  be  granted 

Compa'  ts  between  two  or  more  States 
may  be  entered  into,  to  improve 
navigation  of  rivers  in  certain 

cases 

Constitution,  how  amended 

laws  and  treaties  declared  to  be  the 
supreme  law 

number  of  States  to  ratify  to  render 

operative 

Contracts,  no  law  impairing 

Conventions  for  proposing  amendments 

to  the  Constitution 

Counterfeiting,  Congress  to  provide  lor 

punishment  of 

Court,  Supreme,  its  original  and  appel 
late  jurisdiction 

Courts,  i.iferior  to  the  Supreme  Court, 
may  be  ordained  by  Congress 

Ditto                      Ditto 
Crimes,  persons  accused  of,  fleeing  from 
justice,  may  bo  demanded.. 

How  to  be  tried 

Criminal  prosecutions,  proceedings  in. 


Debts  against  the  Confederation  to  be 

valid 

against   the    Provisional   Governra't 
Duties  to  be  levied  by  Congress,  and  to 


Art.  Sec.  Art.  Sec. 


INDEX   TO    CONSTITUTIONS 


101 


be  uniform 

Duties,  further  provision  respecting  .... 

cannot  bo  levied  by  the  States 

on  exports  prohibited 

on  exports  may  be  authorized  by 

two  thirds  vote 

on  imports  and  exports  imposed  by 

States,  shall  enure  to  the  treasury 

of  the  General  Government 

may  not  be  laid  on  imports  to  foster 

any  branch  of  industry 


Elections  of  Senators  and  Representa 
tives  shall   be   prescribed  by  the 

States 

qualifications  and  returns  of  mem 
bers  of  Congress  to  be  determined 

by  each  House 

Electors  of  President  and  Vice  Presi 
dent,  how  chosen,  and  their  duties 
altered  (see  12th  amendment)  to  vote 
the  same  day  throughout  the  Uni 
ted  (or  Confederate)  States... 

no   Senator,   or  Representative,    or 

public  officer  shall  serve  as 

Enumeration  every  ten  years 

first  within  three  years. 

Executive  p&ww  vested  in  a  President, 

(see  President,) 

Exports,  not  to  be  taxed 

may  be,  by  two-thirds  vote 

Ex  pout  facto  law,  not  to  be  passed 

prohibited  to  States 


F. 


Pines,  excessive,  prohibited 

•Fugitives,  from  justice,  to  be  delivered 

up 

from  service,  to  be  delivered  up 

H. 

Habeas  Corpus,  writ  of,  can  only  be 
suspended  in  cases  of  rebellion  or 
invasion 

Souse  (f  Beprestntatives — ^sce  Repre 
sentatives.) 

Heads  of  Executive  Departments  may  be 
allowed  to  have  seats  iu  either 
House  for  certain  purposes , 


I. 

Impeachment  to  be  brought  by  House 
of  Representatives 

tried  by  the  Senate 

judgment  on 

all  civil  officers  liable  to 

any  judicial  or  other  federal  officers 
resident  and  acting  solely  in  any 
State,  liable  to,  by  two-thirds  vote 

of  legislature  thereof 

Importation  of  Slaves,  not  prohibited 
till  1808 

prohibited 

Internal  Improvements,  Congress  shall 
not  have  power  to  appropriate 
money  for 


J. 

Judges  shall  hold  their  offices  during 

good  behavior 

their  compensation  

Judiciary,  tribunals  inferior  to  the  Su 
premo  Court  may  be  erected 

Judicial  Power  vested  in  a  Supreme 
Court  (or  Superior  Court)  and  in 
ferior  courts 

powers  of  the  judiciary .'."'.' 

restrictions  as  to  suits  against  a  State 

Judicial  Proceedings  of  each  State  are 
entitled  to  credit  in  all 

Jury  <nai  secured,  and  shall  be  held 
in  the  Suite  where  the  crime  shall 
have  been  committed 


U.   S. 


Art.  Sec. 


C."  S. 
ArtJ  Sec. 


10 


n'd. 


ll 


10 


Jury  trial,  further  regulated 

secured  in  suits  at  common  law 
where  the  value  in  controversy 
shall  exceed  twenty  dollars 

L. 

Law,  what  is  declared  the  supreme 

commou,  recognized  aud  established 
President  to  see  faithfully  executed. 
of  the  Provisional  Government  to  be 

valid 

every,  shall  relate  to  but  one  subject, 

which  its  title  shall  express 

Legislative  powers  vested  in  Congress. 

(See  Congress.) 
Loans,  authority  to  make 


M. 

Marque  and  reprisal,  letters  of 

Miliiia,  to  be  called  out 

to  be  officered  by  the  .  tates 

to  be  commanded  by  the  President, 
their  right  to  keep  and  bear  arms 

secured 

Money  shall  be  drawn  from  the  treas 
ury  only  by  appropriation  laws 

Congress  to  coin  and  regulate  value 

of 

States  cannot  coin.... 


N. 

Naturalization,  uniform  rules  of. 

Navy,  Congress  to  provide  and  govern.. 

Nobility,  titles  of,  not  to  be  granted  by 

the  United  (or  Confederate)  States 

nor  by  the  States 


O. 

Officers  of  the  House  of  Representa 
tives  to  be  chosen  by  the  House.... 
of  the  Senate  to  be  chosen  by  the 

Senate   , 

civil,  may  be  removed  by  impeach 
ment 

Order  of  one  house  requiring  the  con 
currence  of  the  other 

Oath  of  the  President 

of  the  public  officers 


P. 


Pardons,  President  may  grant 

Patents  to  be  granted  to  inventors 

Petition,  right  of. 

Persons  held  to  service  or  labor,  their 
importation  or  migration  into  the 
United  States  may  be  prohibited 

after  1808 

escaping  from  one  State  into  another 

shall  be  delivered  up 

or  lawfully  carried  from  one  State 

to  another 

Piracy,  Congress  to  prescribe  punish 
ment  for 

Post  offices  and  post  roads  (and  routes,) 

establishing  of 

Post  office  Department  to  be  self-sustain 
ing  after  1st  of  March  18Go , 

Powers  not  delegated  to  Congress  nor 
prohibited  to  the  States  are  re 
served 

legislative,(sec  Congress  ;)  executive, 
(see  President ;)  judicial,  (see  Judi 
cial.) 
Presents  from  foreign  powers  to  public 

officers  prohibited 

Press,  freedom  of  secured 

President  of  the  United  States  and  of 
the  Confederate  States  vested  with 

executive  power 

sha'l  be  chosen  for  four  years 

shall  be  chosen  for  six  years 

how  elected 

same 

qualifications  for 


.  S. 


Art.  Sec, 


7  , 


2, 


0.\ 


"C."  S. 

Art   Sec 


lu 


lo 


Q'd 


n'd 


lAm'd 


102 


INDEX   TO    CONSTITUTIONS. 


President,  not  re-eligible  

U.S. 

"C."  S. 

Art. 

Sec. 

Art. 

Sec. 

2 
2 
2 
2 
2 

2 

2 
2 

2 
2 

2 
2 
o 
2 
2 

2 

•2 

1 

4 
1 
4 
1 

1 

2 
1 

1 
4 

1 

6 
2 

1 
1 
1 
1 
1 

1 

1 

1 

1 

1 
1 

1 

1 
1 
1 

1 
1 

1 
1 
2 

o 

2 
2 

2 
2 
2 
3 
3 
3 
3 

3 

3 

6 

3 

9 

2 
9 

5 
1 
9 

9 
1 

9 

1 
2 

o 

2 
2 
2 

2 

5 
5 

5 

5 
5 

5 

5 
5 

7 
6 
6 

6 
6 

1 

who  shall  act  in  case  of  vacancy  

2 
2 
2 

2 
2 

2 

2 

2 
2 

2 
2 
2 
2 
2 

2 

2 

1 

4 
5A 

1 
1 
1 

4 

2 

2 

2 

2 
2 
2 
3 
3 
3 
3 

3 
3 

6 

3 

m'd 

shall  take  an  oath  of  office  

may  b«  removed  by  impeachment.... 
President,  commander  of  army,  navy, 

may  require  the  written  opinions  of 

may  make  treaties  with  consent  of 

may  appoint  to  office  with  consent  of 

shall  fill  vacancies  happening  during 

shall   give  information   to  Congress 

may  convene  both  Houses  or  either 
House    • 

may  adjourn  them  in  case  of  disa- 

shall  receive  embassadors  and  pub- 

shall  take  care  that  the  laws  are 
faithfully  executed       

shall  commission  all  officers  
Privileges  and  immunities  of  members 

of  citizens,  (see  Citizens;  also,Kights.) 
Property,  Congress  to  provide  for  care 

shall  not  be  taken   for  public  use 

Congress  shall  pass  no  law  impairing 

Punishment,  cruel  and  unusual,  pro- 

8A 

1 
2 
3A 

1 
4 

1A 
6 
2 

1 
1 
1 

1 

1 

1 
1 

1 

1 

1 

1 

1 
1 
1 
1 
1 

1 
1 

2 

m'd 

5 
1 
m'd 

9 

1 

m'd 
1 
2 

•2 
2 

2 
2 

2 

5 
5 

5 

5 
[> 

5 

5 

5 

6 
6 

6 
6 
1 

Q- 

Quorum  for  business,  what  shall  be  a 
of  States,  in  choosing  a  President  by 
the  House  of  Representatives  
Quartered—  No  soldiers  to  be  quartered 

K. 

Receipts  and  expenditures,  accounts  of, 

Religion  —  no  law  to  be  made  ;  free  ex- 

Rtprieves  granted  by  the  President  
Representatives,  House  of,  members  of 

qualifications  of  members  of.  

shall   have  the  power  of  impeach- 

shall  be  the  judge  of  the  election  and 
qualification  of  its  members  

any  number  may  adjourn,  and  com 
pel  the  attendance  of  absentees  
may  determine  the  rules  of  proceed- 

Dha'll  keep  a  journal  and  publish,  ex 
cept  parts  requiring  secrecy  

shall  nU  adjourn  for  more  than  three 
days,  nor  to  any  other  place,  with 
out  the'  consent  of  the  Senate  
one  fifth  may  require  the  yeas  and 

shall  originate  bills  for  raising  reve- 

compeiipatiou  to  be  ascertained  by 

privileged  from  arrest,  except  in  cer- 

Ktpresentatives  shall  not  be  questioned 
for  speech  or  debate  in  the  House... 
shall  not  be  appointed  to  office  
shall  not  b«  electors  of  President  

Representatives  and  direct  taxes,  appor 
tioned  according  to  numbers 

Represesentation  of  a  State  ;  vacancies 
in ,  supplied  until  a  new  election  by 

executive  authority 

Resolution,  order,  or  vote,  requiring 
the  concurrence  of  both  Houses,  to 

undergo  the  formalities  of  bills 

Reiioval  01  curtain  civil  officers  to  be 

reported  by  the  President  to  the 

Senate,  with  his  reasons  therefor... 

Revenue  bills  to  originate  in  the  House 

of  Representatives   

Rights  of  the  citizen  declared  to  be  priv 
ileges  of  citizens  of  the  several 
States 

liberty  of  conscience  in  matters  of 
religion 

freedom  of  speech  and  of  the  press... 

to  assemble  and  petition 

to  keep  and  bear  arms 

to  be  exempt  from  the  quartering  of 
soldiers 

to  be  secure  from  unreasonable 
searches  and  seizures , 

to  be  free  from  answering  for  a 
crime,  unless  on  presentment  or 
indictment  by  a  jury , 

not  to  be  twice  jeoparded  for  the 
same  offence 

not  to  be  compelled  to  be  a  witness 
against  himself , 

not  to  be  deprived  of  life,  liberty,  or 
property  without  due  process  of 
law , 

private  property  not  to  be  taken  for 
public  use 

in  criminal  prosecutions  shall  have 
speedy  trial  by  jury,  with  all  the 
means  necessary  for  his  defence — 

in  civil  cases  trial  to  be  by  jury,  and 
shall  only  be  re-examined  accord 
ing  to  common  law , 

excessive  bail  shall  not  be  required, 
excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted... 

enumeration  of  certain  rights  not  to 

operate  agaiust  reserved  rights 

Rules,  each  house  shall  determine  its 
own 

8. 

Seat  of  Government,  exclusive  legisla 
tion  

Searches  and  seizures,  security  against. 

Senate,  composed  of  two  Senators  from 

each  State 

how  chosen,  classed,  and  terms  of 
service 

qualifications  of  Senators 

Vice-President  to  bo  President  of  the 

shall  choose  their  officers 

shall  be  the  judge  of  the  elections 
and  qualifications  of  its  members... 

what  number  shall  be  a  quorum 

any  number  may  adjourn,  and  com 
pel  attendance;  of  absentees 

may  determine  its  rules 

may  punish  or  expel  a  member 

shall  keep  a  journal  and  publish  the 
same,  except  parts  requiring  se 
crecy 

shall  not  adjourn  for  more  than  three 
days,  nor  to  any  other  place,  with 
out  the  consent  of  the  other  house., 

one-fifth  may  require  the  yeas  and 
nays 

may  propose  amendments  to  bills 
for  raising  revenue 

shall  try  impeachments 

effect  of  their  judgment  on  impeach 
ment 

compensation  to  be  ascertained  by 
law 

members  of,  privileged  from  arrest.., 

members  not  to  be  questioned  for 
words  spoken  in  debate 

shall  not  be  appointed  to  office 


U.S. 

"C."a 

Art.  Sec. 

___  

Art. 

Sec 

1 

2 

1 

2 

1 

2 

1 

2 

1 

7 

1 

7 



2 

2 

1 

7 

1 

7 

4 

2 

4 

z 

1A 
1A 

1A 

2A 

3  A 
4A 

5A 
5A 
5A 

5A 

5A 

6A 

7A 
8A 

m'd. 
tn'd. 
ai'd. 
m'd. 

m'd. 
m'd. 

m'd. 
m'd. 
m'd. 

m'd. 
m'd. 

m'd. 
tnd. 
m'd. 

1 
1 
1 
1 

1 
1 

1 
1 
1 

1 
1 

1 

1 
1 

9 
9- 
9 
0 

9 

9 

9 
9 
9 

9 
9 

9 
9 
9 

9A 
1 

1 

4A 

m'd. 
5 

8 
m'd. 

6 

1 
1 

1 
5 

8 
» 

1 

3 

1 

3 

1 

1 
1 

1 

3 
3 
3 

3 

1 

1 
1 

1 

3 
3 
3 
3 

1 
1 

5 
5 

1 

1 

5 
& 

1 
1 

i 

5 
5 
5 

1 

1 
1 

& 
5 
5 

1 

5 

1 

6- 

1 

5 

1 

5 

1 

5 

1 

5 

1 

1 

1 
1 

7 
3 

3 

6 
6 

1 

1 

1 

1 
1 

7 
3 

3 

6 
6 

1 
1 

6 
6 

1 
1 

6 

6 

CONFEDERATE 


U.  S. 

"C."S. 

Art 
2 
1 

Sec 
1 
4 

Art 
2 
1 

1 
4 

1 
1 
1 
1 

1 

1 
1 

1 

1 
1 
1 
1 

1 
1 

1 

1 

1 

4 
4 

4 
6 
4 
1 

1 
1 

1 

1 

6 

1 
3 

3 
3 

1 
2 
6 
1 

Sec. 
1 

4 

9 

2 

9 
9 

a 

9 

10 
10 
10 

10 

10 
10 
10 
10 

10 
10 

10 

10 
10 

3 
3 

3 
1 
4 
0 

2 
9 

9 
10 

1 

9 
3 

3 
3 

9 
2 
1 
10 

Senators  and   Kepresentatives,  election 

Slaves,  their  importation  may  be  pro 
hibited  after  1£08            

their  importation  prohibited,  no  law 
to   be  passed  impairing   right   of 

right  of  transit  and  sojourn  with,  in 

introduction  of,  from  any  State  not  a 
member  of  the  Confederacy,  may 
be  prohibited  by  Congress  

m'd 
2 
m'd 

10 
10 
10 
10 

10 

10 
10 
10 
10 

Soldiers  not  to  be  quartered  on  citizens 

3A 
1 
1A 

1 
1 
1 
1 

1 

1 

1 
1 
1 

States  prohibited  from— 
entering  into  treaty,  alliance,  or  con- 

granting  letters  of  marque...  . 

emitting  bills  of  credit  

making  nny  thing  a  tender  but  gold 
and  silver         ,             

passing  bills  of  attainder,  expost  facto 
laws,  or  laws  impairing  contracts... 
granting  titles  of  nobility 

laying  duties  on  imports  and  exports 

may  lay  tonnage  duty  on  sea-going 
vessels  for  the  improvement  of  riv- 

k  eplng  troops  or  ships  of  war  in  time 

1 

1 

10 
10 

entering  into  any  agreement  or  com 
pact  with  another  State  or  foreign 
Power  

may  enter  into  compact  for  improve 
ment  of  certain  rivers    . 

1 

4 

lo 

3 

States,  new,  may  be  admitted  into  the 
Union  (or  Confederacy)  

new,  may  be   admitted   upon  two- 
thirds  vote  of  both  Houses,  the  Sen 
ate  voting  by  States  

may  be  formed  within  the  jurisdic 
tion  of  others,  or  by  the  junction 
of  two  or  more,  with  the  consent  of 
Congress  and  the  Legislatures  of 
the  States  concerned 

4 
6 
4 
7A 

1 

1 
1 

3 
1 
4 
m'd. 

2 

9 
9 

State  judges  bound  to  consider  treaties. 
the    Constitution,  and    the    laws 
under  it,  as  supreme  

State,  every,  guarantied  a  republican 
form  of  government,  protected  by 
the  United  (or  Confederate)  States 
Supreme  Court—  (See  Court  and  Judi 
ciary.) 
Suits  at  Common  Law,  proceedings  in... 

T 

Tax,  direct,  according  to  representa 
tion  

shall  be  laid  only  in  proportion  to 
census  

on  exports  prohibited  ... 
except  by  vote  of  two-thirds  of  both 
Houses  

Tender,  what  shall  be  a  legal  

1 

4 

6 

1 
3 

3 
3 

1 
2 
6 

1 

10 

3 
1 

9 
3 

3 
3 

9 
2 
1 
10 

Territory,  or  public  property,  Congress 
may  make  rules  concerning  
Test,  religious,  shall  not  be  required  
Titles,  (see  Nobility.) 
Title  from  foreign  State  prohibited  
Treason,  defined  

two  witnesses,  or  confession,  neces 
sary  for  conviction  

punishment  of,  may  be  prescribed  by 
Congress  

Treasury,  money  drawn  from  only  by 
appropriation  

Treaties,  how  made  

the  supreme  law  

States  cannot  make  

V. 

Vtcancies  happening  during  the    re- 

ITUTION   INTERPRETED. 

cess  mav  l)e  filled  temporarily  bv 
the  President  
Vacancies  in  representation  inCongress, 
howfllled     

U.  S. 

103 

"C."  S. 

Art. 

2 

1 
1 

1 
2 
12 

2 
1 

1 

4A 

5A 
1 

1 

Sec. 

2 
2 

• 

3 
1 

1 
4 

7 

8 
m'd. 

nrd. 
8 

6 

Art 



2 
1 
1 

1 

2 

2 
2 

1 

1 

1 

1 
1 

1 

Sec. 

2 
2 

7 

3 
1 

1 
4 

7 

8 
9 

9 
8 

5 

Veto  of  the  President,  effect  of  and  pro 
ceedings  on  
Vice-President  to  be  President  of  the 
Senate  

how  elected-                     .         .    . 

also,  Amendment  
shall  in  certain  cases  discharge  the 
duties  of  President  
may  bo  removed  by  impeachment  
Vote  of  one  house  requiring  the  concur 
rence  of  the  other 

W. 

War,  Congress  to  declare 

Warrants  for  searches  and    seizures, 
when  and  how  they  shall  issue  
Witness  in  criminal  cases,  no  one  com 
pelled  to  be  against  himself.  
Weights  and  Measures,  standard  of.  

Y. 

Yeas  and  Nays  entered  on  journal,  and 
published...., 

THEIR  CONSTITUTION  AS  INTERPRETED  BY   THE 

"CONFEDERATE"  VICE  PRESIDENT. 
1861,  March  21,  ALEX.  H.  STEPHENS  delivered 
a  speech  at  Savannah,  in  explanation  and  vin 
dication  of  the  Constitution,  from  which  this 
is  a  well  known  extract : 

"  The  new  Constitution  has  put  at  rest  forever  all  the 
agitating  questions  relating  to  our  peculiar  institutions — 
African  slavery  as  it  exists  among  us — the  proper  status  of 
the  negro  in  our  form  of  civilization.  This  was  the  im 
mediate  cause  of  the  late  rupture  and  present  revolution. 
Jefferson,  in  his  forecast,  had  anticipated  this  as  the  '•rock 
upon  which  the  old  Union  would  split.'  He  was  right. 
What  was  conjecture  with  him,  is  now  a  realized  fact. 
But  whether  he  fully  comprehended  the  great  truth  upon 
which  that  rock  stood  and  stands,  may  be  doubted.  The 
prevailing  ideas  entertained  by  him  and  most  of  the  lead 
ing  statesmen  at  the  time  of  the  formation  of  the  old  Con 
stitution,  were  that  the  enslavement  of  the  African  was  in 
violation  of  the  laws  of  nature :  that  it  was  wrong  in  prin 
ciple,  socially,  morally,  and  politically.  It  was  an  evil  they 
knew  not  well  how  to  deal  with,  but  the  general  opinion  of 
the  men  of  that  day  was,  that  somehow  or  other,  in  the 
order  of  Providence,  the  institution  would  be  evanescent 
and  pass  away.  This  idea,  though  not  incorporated  in  the 
Constitution,  was  the  prevailing  idea  at  the  time.  The 
Constitution,  it  is  true,  secured  every  essential  guarantee  to 
the  institution  while  it  should  last,  and  hence  no  argument 
can  be  justly  used  against  the  constitutional  guarantees 
thus  secured,  because  of  the  common  sentiment  of  the  day. 
Those  ideas,  however,  were  fundamentally  wrong.  They 
rested  upon  the  assumption  of  the  equality  of  races.  This 
was  an  error.  It  was  a  sandy  foundation,  and  the  idea  of  a 
government  built  upon  it ;  when  the  '  storm  came  and  the 
wind  blew,  it  fell.' 

"  Our  new  Government  is  founded  upon  exactly  the  op 
posite  idea;  its  foundations  are  laid,  its  corner  stone  rests 
ipon  the  great  truth  that  the  negro  is  not  equal  to  the 
white  man.  That  slavery — subordination  to  the  superior 
race,  is  his  natural  and  normal  condition.  This,  our  new 

overnment,  is  the  first,  in  the  history  of  the  world,  based 
upon  this  great  physical  and  moral  truth.  This  truth  has 
been  slow  in  the  process  of  its  development,  like  all  other 
truths  in  the  various  departments  of  science.  It  has  been 
so  even  amongst  us.  Many  who  hear  me,  perhaps,  can 
recollect  well,  that  this  truth  was  not  generally  admitted, 
even  within  their  day.  The  errors  of  the  past  generation 
still  clung  to  many  as  late  as  twenty  years  ago.  Those  at 
the  North  who  still  cling  to  these  errors,  with  a  zeal  above 
knowledge,  we  justly  denominate  fanatics.  *  *  * 

"  In  the  conflict  thus  far,  success  has  been,  on  our  side, 
complete  throughout  the  length  and  breadth  of  the  Confed 
erate  States.  It  is  upon  this,  as  I  have  stated,  our  actual 
fabric  is  firmly  planted;  and  I  cannot  permit  myself  to 
doubt  the  ultimate  success  of  a  full  recognition  of  this  prin 
ciple  throughout  the  civilized  and  enlightened  world. 


104 


CONFEDERATE"  CONSTITUTION  INTERPRETED. 


"  As  I  have  stated,  the  truth  of  this  principle  may  ne  slow  '  the  granite :  then  comes  tho  brick  or  the  marble.  The  sub- 
in  development,  as  all  truths  are,  and  ever  have  been,  in  |  stratum  of  our  society  is  made  of  the  inateriiil  fitted  by  na- 
the  various  branches  of  science.  It  was  so  with  the  prin-  j  ture  for  it,  and  by  experience  we  know  that  it  is  Lost,  not 
ciplos  announced  by  Galileo — it  was  so  with  Adam  Smith  j  only  for  the  .superior,  but  for  the  inferior  race  that  it  should 
and  his  principlns  of  political  economy — it  was  so  with  ;  be  so.  It  is,  indeed,  in  conformity  with  the  ordinance  of 
Harvey  and  his  theory  of  tho  circulation  of  tho  blood.  It  |  the  Creator.  It  is  not  for  us  to  inquire  into  the  wisdom  of 
is  utat^d  that  not  a  single  one  of  tho  medical  profession,  I  His  ordinances,  or  to  question  them.  For  His  own  pur- 
liviug  at  the  time  of  the  announcement  of  the  truths  made  I  posos  HO  has  made  one  race  to  differ  from  another,  r.s  Ho 
by  him,  admitted  them.  Now  they  are  universally  ac- |  has  inado  '  one  star  to  differ  from  another  star  in  glory." 

"Tho  groat  objects  of  humanity  are  best  attained  when 
conformed  to  Hit  lavs  and  decrees,  in  the  formation  of  gov 
ernments,  as  well  as  in  all  things  else.  Our  Confederacy  is 
founded  upon  principles  in  strict  conformity  with  these 
laws.  This  stone  which  was  first  rejected  by  the  first  builders 
'is  become  the  chief  stone  of  the  corner'  in  our  new  <-iiiti«-c. 


knowledged.  May  wo  not,  therefore,  look  with  confidence 
to  the  ultimate  universal  acknowledgment  of  tho  truths 
upon  which  our  system  rests.  It  is  tho  first  government 
ever  instituted  upon  principles  of  strict  conformity  to  na 
ture,  and  tho  ordination  of  Providencu,  in  furnishing  tho 
materials  of  human  society.  Many  governments  have  been 
founded  upon  the  principle  of  certain  classes;  but  the 
classes  thus  enslaved,  were  of  the  same  race,  and  in  viola 
tion  of  the  laws  of  nature.  Our  system  commits  no  such 
violation  of  nature's  laws.  Tho  negro,  by  nature,  or  by  the 
curse  against  Canaan,  is  fitted  for  that  condition  which  he 
occupies  in  our  system.  The  architect,  in  tho  construction 
of  buildings,  lays  the  foundation  with  the  proper  materials, 


"The  progress  of  disintegration  in  the  old  Union  may  l>e 
expected  to  go  on  with  almost  absolute  certainty.  AV'e  are 
now  th"  nucleus  of  a  growing  power,  which,  if  we  are  true 
to  ourselves,  our  destiny,  and  high  mission,  will  become 
the  controlling  power  on  this  continent.  To  what  extent 
accessions  will  go  on  in  the  process  of  time,  or  where  it  will 
end,  the  future  will  determine." 


ADMINISTRATION  OF  ABRAHAM  LINCOLN. 


Abraham   Lincoln's    Inaugural    Ad 
dress,  March  4,  1861. 

Fellow-citizens  of  the  United  States:  In  com 
pliance  with  a  custom  as  old  as  the  Govern 
ment  itself,  I  appear  before  you  to  address  you 
briefly,  and  to  take  in  your  presence  the  oath 
prescribed  by  the  Constitution  of  the  United 
States  to  be  taken  by  the  President  "before  he 
enters  on  the  execution  of  his  office." 

I  do  not  consider  it  necessary  at  present  for 
me  to  discuss  those  matters  of  administration 
about  v/hich  there  is  no  special  anxiety  or  ex 
citement. 

Apprehension  seems  to  exist  among  the  peo 
ple  of  the  Southern  States  that  by  the  accession 
of  a  Republican  Administration  their  property 
and  their  peace  and  personal  security  are  to  be 
endangered.  There  has  never  been  any  reason 
able  cause  for  such  apprehension.  Indeed,  the 
most  ample  evidence  to  the  contrary  has  all  the 
while  existed  and  been  open  to  their  inspec 
tion.  It  is  found  in  nearly  all  the  published 
speeches  of  him  who  now  addresses  you.  I  do 
but  quote  from  one  of  those  speeches  when  I 
declare  that  "  I  have  no  purpose,  directly  or 
indirectly,  to  interfere  with  the  institution  of 
slavery  in  the  States  where  it  exists.  I  believe 
I  have  no  lawful  right  to  do  so,  and  I  have  no 
inclination  to  do  so."  Those  who  nominated 
and  elected  me  did  so  with  full  knowledge  th:it 
I  had  made  this  and  many  similar  declarations 
and  had  never  recanted  them.  And  more  than 
this,  they  placed  in  the  platform  for  my  accept 
ance,  and  as  a  law  to  themselves  and  to  me,  the 
clear  and  emphatic  resolution  which  I  now 
read : 

"  Resolved,  Th:it  the  maintenance  inviolate  of  the  rights 
of  the  States,  uncl  especially  tha  right  of  each  State  to  order 
and  control  its  own  domestic  institutions  according  to  its 
uv;n  judgment  exclusively,  is  essential  to  the  balance  of 

!>owcr  on  which  the  perfection  and  endurance  of  our  polit- 
cal  fabric  depend,  and  wo  denounce  the  lawless  invasion 
by  armed  force  of  the  soil  of  any  State  or  Territory,  no 
matter  under  what  pretext,  as  among  the  gravest  of 
crimes." 

I  now  reiterate  these  sentiments  ;  and,  in  do 
ing  so,  I  only  press  upon  the  public  attention 
the  roost  conclusive  evidence  of  wh  ch  the  case 
i1*  pnpccptible  that  the  property,  peace,  and 
security  of  no  section  are  to  be  in  anywise 
endangered  by  the  now  incoming  Administra- 
t'on.  1  add,  too,  that  all  the  protection  which, 


consistently  with  the  Constitution  and  the  laws, 
can  be  given,  will  be  cheerfully  given  to  all  the 
States  when  lawfully  demanded,  for  whatever 
cause  —  as  cheerfully  to  one  section  as  to 
another. 

There  is  much  controversy  about  the  deliver 
ing  up  of  fugitives  from  service  or  labor.  The 
clause  I  now  read  is  as  plainly  written  in  the 
Constitution  as  any  other  of  its  provisions  : 

"  No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse 
quence  of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due." 

It  is  scarcely  questioned  that  this  provision 
was  intended  by  those  who  made  it  for  the  re 
claiming,  of  what  we  call  fugitive  slaves  ;  and 
the  intention  of  the  law-giver  is  the  law.  All 
members  of  Congress  swear  their  support  to 
the  whole  Constitution — to  this  provision  as 
much  as  any  other.  To  the  proposition,  then, 
that  slaves,  whose  cases  come  within  the  terms 
of  this  clause,  "shall  be  delivered  up,"  their 
oaths  are  unanimous.  Now,  if  they  would 
make  the  effort  in  good  temper,  could  they  not, 
with  nearly  equal  unanimity,  frame  and  pass  a 
law  by  means  of  which  to  keep  good  that 
unanimous  oath  ? 

There  is  some  difference  of  opinion  whether 
this  clause  should  be  enforced  by  national  -or 
by  State  authority ;  but  surely  that  difference 
is  not  a  very  material  one.  If  the  slave  is  to 
be  surrendered,  it  can  be  of  but  little  conse 
quence  to  him,  or  to  others,  by  which  authority 
it  is  done.  And  should  any  one,  in  any  case, 
be  content  that  his  oath  shall  go  unkept,  on  a 
merely  unsubstantial  controversy  as  to  how  it 
shall  be  kept? 

Again,  in  any  law  upon  this  subject,  ought 
not  all  the  safeguards  of  liberty  known  in  civi 
lized  and  humane  jurisprudence  to  be  intro 
duced,  so  that  a  free  man  be  not,  in  any  case, 
surrendered  as  a  slave?  And  might  it  not  be 
well  at  the  same  time  to  provide  by  law  for  the 
enforcement  of  that  clause  in  the  Constitution 
which  guaranties  that  "  the  citizens  of  each 
State  shall  be  entitled  to  all  privileges  and  im 
munities  of  citizens  in  the  several  States  ?" 

I  take  the  official  oath  to-day  with  no  mental 
reservations,  and  with  no  purpose  to  construe 
the  Constitution  or  laws  by  any  hypercritical 

105 


106 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


rules.  And  while  I  do  not  choose  now  to 
specify  particular  acts  of  Congress  as  proper 
to  be  enforced,  I  do  suggest  that  it  will  be  much 
safer  for  all,  both  in  official  and  private  sta 
tions,  to  conform  to  and  abide  by  all  those  acts 
which  stand  unrepealed,  than  to  violate  uny  of 
them,  trusting  to  find  impunity  in  having  them 
held  to  be  unconstitutional. 

It  is  seventy-two  years  since  the  first  inaugu 
ration  of  a  President  under  our  National  Con 
stitution.  During  that  period  fifteen  different 
and  grea'ly  distinguished  citizens  have,  in  suc 
cession,  administered  the  Executive  brunch  of 
the  Government.  They  have  conducted  it 
through  many  perils,  and  generally  with  great 
success.  Yet,  with  all  this  scope  for  precedent, 
I  now  enter  upon  the  same  task  for  the  brief 
constitutional  term  of  four  years  under  great 
and  peculiar  difficulty.  A  disruption  of  the 
Federal  Union,  heretofore  only  menaced,  is 
now  formidably  attempted. 

I  hold  that,  in  contemplation  of  universal 
Jaw,  and  of  the  Constitution,  the  Union  of 
these  States  is  perpetual.  Perpetuity  is  im 
plied,  if  not  expressed,  in  the  fundamental  law 
of  all  National  Governments.  It  is  safe  to  as 
sert  that  no  Government  proper  ever  had  a 
provision  in  its  organic  law  for  its  own  termi 
nation.  Continue  to  execute  all  the  express 
provisions  to  our  National  Constitution,  and 
the  Union  will  endure  forever — it  being  im 
possible  to  destroy  it,  except  by  some  action 
not  provided  for  in  the  instrument,  itself. 

Again,  if  the  United  States  be  not  a  Govern 
ment  proper,  but  an  association  of  States  in  the 
nature  of  the  contract  merely,  can  it, %as  a  con 
tract,  be  peaceably  unmade  by  less  than  all  the 
parties  who  made  it?  One  party  to  a  contract 
may  -violate  it — break  it,  so  to  speak ;  but  does 
it  not  require  all  to  lawfully  rescind  it? 

Descending  from  thesegeneral  principles,  we 
find  the  proposition  that,  in  legal  contempla 
tion,  the  Union  is  perpetual,  confirmed  by  the 
history  of  the  Union  itself.  The  Union  is 
much  older  than  the  Constitution.  It  was 
forme-1  in  fact  by  the  Artich-s  of  Association 
in  17*34.  It  was  matured  and  continued  by  the 
Declaration  of  Independence  in  1776.  It  was 
further  matured,  and  the  faith  of  .all  the  then 
thirteen  States  expressly  plighted  and  engaged 
that  it  should  be  perpetual,  by  the  Articles  of 
Confederation  in  1778.  And,  finally,  in  1787, 
one  of  the  declared  objects  for  ordaining  aid 
establishing  the  Constitution  was  "  to  form  a 
more  perfect  union." 

But  if  destruction  of  the  Union,  by  one,  or 
by  a  part  only,  of  the  States,  be  lawfully  pos 
sible,  the  Union  is  less  perfect  than  before,  the 
Constitution  having  lost  the  vital  element  of 
perpetuity. 

It  follows,  from  these  views,  that  no  State, 
upon  its  own  mere  motion,  can  lawfully  get 
out  of  tho  Union;  that  resolve*  and  ordinances 
to  that  effect  are  legally  void  ,  and  that  acts  of 
violence,  within  any  State  or  States,  against 
the  authority  of  the  United  States,  are  insur 
rectionary  or  revolutionary,  according  to  cir 
cumstances. 

I,  therefore,  consider  that,  in  view  of  the 
Constitution  and  the  laws,  the  Union  is  un- 


!  broken,  and,  to  the  extent  of  my  ability,  I  shall 
take  care,  as  the  Constitution  itself  expressly 
enjoins  upon  me,  that  the  laws  of  Ihe  Union 
be  faithfullyexecutedin  all  the  States.  Duing 
this  I  deem  to  be  only  a  simple  duty  on  my 
part;  and  I  shall  perform  it,  so  far  as  practi 
cable,  unless  my  rigntful  masters,  the  Ameri 
can  people,  shall  withhold  the  requisite  means, 
or,  in  some  authoritative  manner,  direct  the 
contrary.  I  trust  this  will  not  be  regarded  as 
a  menace,  but  only  as  a  declared  purpose  of 
the  Union  that  it  will  constitutionally  defend 
and  maintaia  itself. 

In  doing  this  there  need  be  no  bloodshed  or 
violence;  and  there  shall  be  none,  unless  it  be 
forced  upon  the  national  authority.  The  power 
confided  to  me  will  be  used  to  hold,  occupy, 
and  possess  the  property  and  places  belonging 
to  the  Government,  arid  to  collect  the  duties 
and  imposts  ;  but,  beyond  what  may  be  neces 
sary  for  these  objects,  there  will  be  no  invasion, 
no  using  of  force  against  or  among  the  people 
anywhere.  Where  hostility  to  the  United 
States,  in  any  interior  locality,  shall  be  so  great 
and  universal  as  to  prevent  competent  resident 
citizens  from  holding  the  Federal  offices,  there 
will  be  no  attempt  to  force  obnoxious  strangers 
among  the  people  for  that  object.  While  the 
strict  legal  right  may  exist  in  the  Government 
to  enforce  the  exercise  of  these  offices,  the  at 
tempt  to  do  so  would  be  so  irritating,  and  so 
nearly  impracticable  with  all,  1  deem  it  better 
to  forego,  for  the  time,  the  uses  of  such  offices. 

The  mails,  unless  repelled,  will  continue  to 
be  furnished  in  all  parts  of  the  Union.  So  far 
as  po-sible,  the  people  everywhere  shall  have 
that  sense  of  perfect  security  which  is  most 
favorable  to  calm  thought  and  reflection.  The 
course  here  indicated  will  be  followed,  unles? 
current  events  and  experience  shall  show  » 
modification  or  change  to  be  proper,  and  in 
every  case  and  exigency  my  best  discretion 
will  be  exercised,  according  to  circumstances 
actually  existing,  and  with  a  view  and  a  hope 
of  a  peaceful  solution  of  the  national  troubles, 
and  the  restoration  of  fraternal  sympathies  and 
affections. 

That  there  are  persons  in  one  section  or 
another  who  seek  to  destroy  the  Union  at  all 
events,  and  are  glad  of  any  pretext  to  do  it,  I 
will  neither  affirm  nor  deny  ;  but  if  there  be 
such  I  need  address  no  word  to  them.  To  those, 
however,  who  really  love  the  Union,  may  I  not 
speak  ? 

Before  entering  upon  so  grave  a  matter  as 
the  destruction  of  our  national  fabric,  with  all 
its  benefits,  its  memories,  and  its  hopes,  would 
it  not  be  wise  to  ascertain  precisely  why  we  do 
it  ?  Will  you  hazard  so  desperate  a  step  while 
there  is  any  possibility  that  any  portion  of  the 
ills  you  fly  from  have  "no  real  existence?  Will 
you,  while  the  certain  ills  you  fly  to  are  greater 
than  all  the  real  ones  you  fly  from— will  you 
risk  the  commission  of  so  fearful  a  mistake? 

All  profess  to  be  content  in  the  Union,  if  all 
constitutional  rights  can  be  maintained.  Is  it 
true,  then,  that  any  right,  plainly  written  in 
the  Constitution,  has  been  denied  ?  I  think  not. 
Happily  the  human  mind  is  so  constituted  that 
no  party  can  reach  to  the  audacity  of  doing 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


107 


this.  Think,  if  you  can,  of  a  single  instance 
in  which  a  plainly  written  provision  of  the 
Constitution  has  ever  been  denied.  If,  by  the 
mere  force  of  numbers,  a  majority  should  de 
prive  a  minority  of  any  clearly  written  con 
stitutional  right,  it  might,  in  a  moral  point  of 
view,  justify  revolution — certainly  would  if 
such  right  were  a  vital  one.  But  such  is  not 
our  case.  All  the  vital  rights  of  minorities 
and  of  individuals  are  so  plainly  assured  to 
them  by  affirmations  and  negations,  guarantees 
and  prohibitions  in  the  Constitution,  that  con 
troversies  never  arise  concerning  them.  But 
no  organic  law  can  ever  be  framed  with  a  pro 
vision  specifically  applicable  to  every  question 
which  may  occur  in  practical  administration. 
No  foresight  can  anticipate,  nor  any  document 
of  reasonable  length  contain  express  provisions 
for  all  possible  questions.  Shall  fugitives  from 
labor  be  surrendered  by  National  or  by  State 
authority  ?  The  Constitution  does  not  expressly 
say.  May  Congress  prohibit  slavery  in  the 
Territories?  The  Conrtitution  does  not  ex 
pressly  say.  Must  Congress  protect  slavery  in 
the  Territories?  The  Constitution  does  not 
expressly  say. 

From  questions  of  this  class  spring  all  our 
constitutional  controversies,  and  we  divide 
upon  them  into  majorities  and  minorities.  If 
the  minority  will  not  acquiesce  the  majority 
must,  or  the  Government  must  cease.  There 
is  no  other  alternative ;  for  continuing  the 
Government  is  acquiescence  on  one  side  or  the 
other.  If  a  minority  in  such  case  will  secede 
rather  than  acquiesce  they  make  a  precedent 
which,  in  turn,  will  divide  and  ruin  them  ;  for 
a  minority  of  their  own  will  secede  from  them 
whenever  a  majority  refuses  to  be  controlled 
by  such  minority.  For  instance,  why  may  not 
any  portion  of  a  new  Confederacy,  a  year  or 
two  hence,  arbitrarily  secede  again,  precisely 
as  portions  of  the  present  Union  now  claim  to 
secede  from  it?  All  who  cherish  disunion 
sentiments  are  now  being  educated  to  the  exact 
temper  of  doing  this. 

Is  there  such  perfect  identity  of  interests 
among  the  States  to  compose  a  new  Union,  as 
to  produce  harmony  only,  and  prevent  renewed 
secession  ? 

Plainly,  the  central  idea  of  secession  is  the 
essence  of  anarchy.  A  majority  held  in  re 
straint  by  constitutional  checks  and  limitations 
and  always  changing  easily  with  deliberate 
changes  of  popular  opinions  and  sentiments, 
is  the  only  true  sovereign  of  a  free  people. 
Whoever  rejects  it,  does,  of  necessity,  fly  to 
anarchy  or  to  despotism.  Unanimity  is  im 
possible  ;  the  rule  of  a  minority,  as  a  perma 
nent  arrangement,  is  wholly  inadmissible  ;  so 
that,  rejecting  the  majority  principle,  anarchy 
or  despotism  in  some  form  is  all  that  is  left. 

I  do  not  forget  the  position  assumed  by  some, 
that  constitutional  questions  are  to  be  decided 
by  the  Supreme  Court ;  nor  do  I  deny  that  such 
decision  must  be  binding,  in  any  case,  upon  the 
parties  to  a  suit,  as  to  the  object  of  that  suit, 
while  they  are  also  entitled  to  very  high  respect 
and  consideration  in  all  parallel  cases  by  all 
other  departments  of  the  Government.  And 
while  it  is  obviously  possible  that  such  decision 


may  be  erroneous  in  any  given  case,  still  the 
evil  effect  following  it,  being  limited  to  that 
particular  case,  with  the  chance  that  it  may  be 
overruled,  and  never  become  a  precedent  for 
o.her  cases,  can  better  be  borne  than  co'ild  the 
evils  of  a  different  practice.  At  the  same  time 
the  candid  citizen  must  confess  that  if  the  pol 
icy  of  the  Government  upon  vital  questions, 
affecting  the  whole  people,  is  to  be  irrevocably 
fixed  by  decisions  of  the  Supreme  Court,  the 
instant  they  are  made  in  ordinary  litigation 
between  parties  in  personal  actions  the  people 
will  have  ceased  to  be  their  own  rulers,  having- 
ta  that  extent  practicably  resigned  their  govern 
ment  into  the  hands  of  that  eminent  tribunal. 

Nor  is  there  in  this  view  any  assault  upon 
the  Court  or  the  Judges.  It  is  a  duty  from 
which  they  may  not  shrink  to  decide  cases  prop 
erly  brought  before  them,  and  it  is  no  fault  of 
theirs  if  others  seek  to  turn  their  decisions  to- 
political  purposes.  One  section  of  our  country 
believes  slavery  is  right,  and  ought  to  be  ex 
tended,  while  the  other  believes  it  is  wrong,  and 
ought  not  to  be  extended.  This  is  the  only 
substantial  dispute.  The  fugitive  slave  clause 
of  the  Constitution,  and  the  law  for  the  sup 
pression  of  the  foreign  slave  trade,  are  each  as 
well  enforced,  perhaps,  as  any  law  can  ever  be 
in  a  community  where  the  moral  sense  of  the 
people  imperfectly  supports  the  law  itself.  The 
great  body  of  the  people  abide  by  the  dry  legal 
obligation  in  both  cases,  and  a  few  break  over 
in  each.  This,  I  think,  cannot  be  perfectly 
cured ;  and  it  would  be  worse  in  both  cases 
after  the  separation  of  the  sections  than  before. 
The  foreign  slave  trade,  now  imperfectly  sup 
pressed,  would  be  ultimately  revived  without 
restriction  in  ^ne  section  ;  while  fugitive  slaves, 
now  only  partially  surrendered,  would  not  be 
surrendered  at  all,  by  the  other. 

Physically  speaking,  we  cannot  separate.  We 
cannot  remove  ourrespective  sections  from  each 
other,  nor  build  an  impassable  wall  between 
them.  A  husband  and  wife  may  be  divorced, 
and  go  out  of  the  presence  and  beyond  the  reach 
of  each  other  ;  but  the  different  parts  of  our 
country  cannot  do  this.  They  cannot  but  re 
main  face  to  face  ;  and  intercourse,  either  ami 
cable  or  hostile,  must  continue  between  them. 
Is  it  possible,  then,  to  make  that  intercourse 
more  advantageous  or  more  satisfactory  after 
separation  than  before  t  Can  aliens  make  trea 
ties  easier  than  friends  can  make  laws?  Can 
treaties  be  more  faithfully  enforced  between 
aliens  than  laws  can  among  friende  ?  Suppose 
you  go  to  war,  you  cannot  fight  always ;  and 
when  after  much  loss  on  both  sides,  and  no- 
gain  on  either,  you  cease  fighting,  the  indenti- 
cal  old  questions,  as  to  terms  of  intercourse,  are 
again  upon  you. 

This  country,  with  its  institutions,  belongs  to 
the  people  who  inhabit  it.  Whenever  they 
shall  grow  weary  of  the  existing  Government 
they  can  exercise  their  constitutional  right  of 
amending  it,  or  their  revolutionary  right  to  dis 
member  or  overthrow  it.  I  cannot  be  ignorant 
of  the  fact  that  many  worthy  and  patriotic  cit 
izens  are  desirous  of  having  the  National  Con 
stitution  amended.  While  I  make  no  recom 
mendation  of  amendments,  I  fully  recognize  the 


108 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


rightful  authority  of  the  people  over  the  whole 
subject,  to  be  exercised  in  either  of  the  modes 
prescribed  in  the  instrument  itself;  and  I  should 
under  existing  circumstances,  favor  rather  than 
oppose  a  fair  opportunity  being  afforded  the 
people  to  act  upon  it  I  will  venture  to  add  that 
to  me  the  convention  mode  seems  preferable, 
in  that  it  allows  amendments  to  originate  with 
the  people  themselves,  instead  of  only  permit 
ting  them  to  take  or  reject  propositions  origi 
nated  by  others,  not  especially  chosen  for  the 
purpose,  and  which  might  not  be  precisely 
such  as  they  would  wish  to  either  accept  or  re 
fuse.  I  understand  a  proposed  amendment  to 
the  Constitution — which  amendment,  however, 
I  have  not  seen — has  passed  Congress,  to  the 
effect  that  the  Federal  Government  shall  never 
interfere  with  the  domestic  institutions  of  the 
States,  including  that  of  persons  held  to  service. 
To  avoid  misconstruction  of  what  I  have  said, 
I  depart  from  my  purpose  not  to  speak  of  par 
ticular  amendments  so  far  as  to  say  that,  hold 
ing  such  a  provision  now  to  be  implied  con 
stitutional  law,  I  have  no  objection  to  its  being 
made  express  and  irrevocable. 

The  Chief  Magistrate  derives  all  his  authority 
from  the  people,  and  they  have  conferred  none 
upon  him  to  fix  terms  for  the  separation  of  the 
States.  The  people  themselves  can  do  this  also 
if  they  choose;  but  the  Executive,  as  such,  has 
nothing  to  do  with  it.  His  duty  is  to  adminis 
ter  the  present  Government,  as  it  came  to  his 
hands,  and  to  transmit  it,  unimpaired  by  him,  to 
his  successor. 

Why  should  there  not  be  a  patient  confidence 
in  the  ultimate  justice  of  the  people?  Is  there 
any  better  or  equal  hope  in  the  world?  In  our 
present  differences  is  either  party  without  faith 
of  being  in  the  right  ?  If  the  Almighty  Ruler 
of  Nations,  with  his  eternal  truth  and  justice, 
be  on  your  side  of  the  North,  or  on  yours  of  the 
South,  that  truth  and  that  justice  will  surely 
prevail,  by  the  judgment  of  this  great  tribunal 
of  the  American  people. 

By  the  frame  of  the  Government  under  which 
we  live,  this  same  people  have  wisely  given  their  ! 
public  servants   but  little  power  for  mischief;  I 
and  have,  with  equal  wisdom,  provided  for  the 
return  of  that  little  to  their  own  hands  at  very 
short  intervals.     While  the  people  retain  their 
virtue  and  vigilance,  no  Administration,  by  any 
extreme  of  weakness  or  folly,  can  very  seriously 
injure   the  Government  in  the  short  space    of 
four  years. 

My  countrymen,  and  all,  think  calmly  and 
well  upon  this  whole  subject.  Nothing  valuable 
can  be  lost  by  taking  time.  If  there  be  an  ob 
ject  to  hurry  any  of  you,  in  hot  haste,  to  a  step 
which  you  would  never  take  deliberately,  that 
object  will  be  frustrated  by  taking  time  ;  but 
no  good  object  can  be  frustrated  by  it.  Such 
of  you  as  are  now  dissatisfied,  still  have  the  old 
Constitution  unimpaired,  and,  on  the  sensitive 
point,  the  laws  of  your  own  framing  under  it; 
while  the  new  Administration  will  have  no  im 
mediate  power,  if  it  would,  to  change  either.  If 
it  were  admitted  that  you  who  are  dissatisfied 
ho!dvthe  right  side  in  the  dispute,  there  still  is 
no  single  good  reason  for  precipitate  action. 
Intelligence,  patriotism,  Christianity,  and  a  tirm 


reliance  on  Him  who  has  never  ye»  forsaken 
this  favored  land,  are  still  competent  to  adjust, 
in  the  best  way,  all  our  present  difficulty. 

In  your  hands,  my  dissatisfied  fellow-country 
men,  arid  not  in  mi?ie,  is  the  momentous  issue  of 
j  civil  war.     The  Government  will  not  assail  ysu. 
i  You  can  have  no  conflict   without  being  your- 
|  selves  the  aggressors.      You  have  no  oath  regis 
tered  in  Heaven  to    destroy  the    Government, 
while  I  shall  have  the  most  solemn  one  to  "  pre 
serve,  protect,  and  defend  it." 

I  am  loth  to  close.  We  are  not  enemies,  but 
friends.  We  must  not  be  enemies.  Though 
passion  may  have  strained,  it  must  iiot  break 
our  bonds  of  affection.  The  mystic  chords  of 
memory,  stretching  from  every  battle-Sold  aud 
patriot  grave  to  every  living  heart  and  hearth 
stone,  all  over  this  broad  land,  will  y«t  ST?1! 
the  chorus  of  the  Union,  when  again  touc^i**, 
as  surely  they  will  be,  by  the  better  ange^i  r>f 
our  nature. 

PRESIDENT    LINCOLN'S    CABINET. 
Secretary  of  State — WILLIAM  H.  SEWABD,  of  New  York. 

Secretary  of  the  Treasury— SALMON  P.  CHASE,  of  Ohio ;  ** 
ceeded  July  5, 1864.  by  WM.  PITT  FESSENDEN,  of  Maine. 

Secretary  of  War — SIMON  CAMERON,  of  Pennsylvania ;  suo 
ceeded  January  11, 1862,  by  EDWIN  M.  STANTON,  of  Ohio. 

Secretary  of  the  Navy — GIDEON  WELLES,  of  Connecticut. 
Secretary  of  the,  Inferior — CALEB  B.  SMITH,    of  Indiana 

succeeded  January  8,  1863,  by  JOHN  P.  USHER,  of  Indi 

ana. 
Attorney  General — EDWARD  BATES,  of  Missouri ;  succeeded 

December  14, 1864,  by  JAMES  SPEED,  of  Kentucky. 

Postmaster  General — MONTGOMERY  BLAIR,  of  Maryland ; 
succeeded  October  1,  1864,  by  WILLIAM  DENNISON,  of 
Ohio. 


MR.    SEWARD    AND    "THE    COMMISSIONERS    OK    THE 

SOUTHERN  CONFEDERACY." 
[Memorandum.]  DEPARTMENT  OF  STATE, 

WASHINGTON,  March  15, 1861. 

Mi.  John  Forsyth,  of  the  State  of  Alabama,  and  Mr.  Mar 
tin  J.  Crawford,  of  the  State  of  Georgia,  on  the  llth  instant, 
through  the  kind  offices  of  a  distinguished  Senator,  submit 
ted  to  the  Secretory  of  State  their  desire  for  an  unofficial 
interview.  This  request  was,  on  the  12th  instant,  upon 
exclusively  public  considerations,  respectfully  declined. 

On  the  i:ith  instant,  while  the  Secretary  was  preoccupied, 
Mr.  A.  P.  Banks,  of  Virginia,  called  at  this  Department  and 
was  received  by  the  Assistant  Secretary,  to  whom  he  deliv 
ered  a  sealed  communication,  which  he  had  been  charged 
by  Messrs.  Forsyth  aud  Crawford  to  present  to  the  Secre 
tary  in  person. 

In  that  communication  Messrs.  Forsyth  and  Crawford 
inform  the  Secretary  of  State  that  they  have  been  duly  ac 
credited  by  the  Government  of  the  Confederate  States  of 
America  as  Commissioners  to  the  Government  of  the  United 
States,  and  they  set  forth  the  object  of  their  attendance  at 
Washington.  They  observe  that  seven  States  of  the  Amer 
ican  Union,  in  the  exercise  of  a-  right  inherent  in  every  freo 
people,  have  withdrawn,  through  conventions  of  their  peo 
ple,  from  the  United  States,  reassumcd  the  attribute  of  sov 
ereign  power,  and  formed  a  Government  of  their  own,  and 
that  those  Confederate  States  now  constitute  an  independ 
ent  nation  de  facto  and  de  jure,  and  possess  a  Government 
perfect  in  all  its  parts,  and  fully  endowed  with  all  the 
means  of  self-support. 

Messrs.  Forsyth  and  Crawford,  in  the  aforesaid  communi 
cation,  thereupon  proceed  to  inform  the  Secretary  that, 
with  a  view  to  a  speedy  adjustment  of  all  questions  grow 
ing  out  of  the  political  separation  thus  assumed,  upon  such 
terms  of  amity  aud  good  will  as  the  respective  interests, 
geographical  contiguity,  and  the  future  welfare  of  the  sup 
posed  two  nations  might  render  necessary,  tlu-y  are  in 
structed  to  make  to  the  Government  of  the  United  States 
overtures  for  tho  opening  of  negotiations,  assuring  tlii» 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


109 


Government  that  the  President,  Congress,  and  people  of  the  !  .     A?K?L  8'  1?61-   . 

Confederate  States  earnestly  desire  a  peaceful  solution  of  |  The  foregoing  memorandum  was  filed  in  tins  Department 
these  croat  questions,  and  that  it  is  neither  their  interest  |  on  the  loth  of  March  last.  A  delivery  of  the  same,  how- 
m.r  tlu'ir  wish  to  make  any  demand  which  is  not  founded  I  ever,  to  Messrs.  Forsyth  and  Crawford  was  delayed,  us  was 
in  strictest  justice,  nor  to  do  tmv  act  to  injure  their  late  j  understood,  with  their  consent.  They  have  now  through 

their  secretary,  communicated  their  desire  for  a  definitive 


confederates, 

After  making  these  statements,   Messrs. 
Crawford  close  their  communication,  as  they  eay,  in  obe 
dience  to  the  instructions  of  their  Government,  by  request 
ing   The 


Forsyth   and  I  disposition  of  the  subject.    The  Secretary  of  State  there 
fore  directs  that  a  duly  verified  copy  of  the  paper  be  nov 


Secretary  of  State  to  appoint  as    early  a    day 


possible  in  order  that  they  may  present  to  the 


Pn-s- 


delivered. 

A  true  copy  of  the  original,  delivered  to  me  by  Mr.  F. 
W.  Seward,  Assistant   Secretary   of  State  of   the  United 


independent  nation,  -with  an  established  Government,  but 
rather  a  perversion  of  a  temporary  and  partisan  excitement 
to  the  inconsiderate  purpose  of  an  unjustifiable  a:id  un 
constitutional  aggression  upon  the  rights  and  the  authority 
vested  in  the  Federal  Government,  a':d  hitherto  benignly 
exercised,  as  fiom  their  very  nature  they  always  must  be 
eo  exercised,  for  the  maintenance  of  the  Union,  the  pre 
servation  of  liberty,  and  the  security,  peace,  welfare, 
happiness,  nnd  aggrandizement  of  the  American  p  Oj.le. 

The  Secretary  of  State,  therefore,  avows  to  Messrs.  Forsyth 
and  i  .'rawfonl  that  he  looks  pat  iently  but  confidently  for  the 
cure  of  evils  which  hav^  resulted  from  proceedings  so  un 
necessary,  so  unwise,  so  unusual,  and  so  unnatural,  not  to 
irregular  regotiations,  having  in  view  new  and  untried  re 
lations  with  agencies  unknown  to  and  actii.g  in  derogation 
of  the  Constitution  ftud  laws,  but  to  regular  and  considerate 
acti;:n  of  the  people  of  tho-<e  State?,  in  co-operation  with 
their  brethren  in  the  other  States,  through  the  Congress 
of  the  United  S'.ates,  and  such  extraordinary  Conventions, 
if  there  Khali  be  need  thereof,  as  the  Federal  Constitution 
contemplates  s:nd  authorizes  to  be  assembled.  It  is,  how 
ever,  the  purpose  of  the  secretary  of  State  on  this  occa 
sion  not  to  invite  or  enzage in  any  discussion  of  these  sub 
jects,  but  simply  to  set  forth  his  reasons  for  de;  liuirg  to 
comply  with  the  request  of  Messrs.  Forsyth  and  Crawf -rd. 

On  the  4rh  of  "March  instant  the  then  newly  elected 
President  of  the  United  St.ites,  in  view  of  all  the  facts 
bearing  on  the  present  question,  assumed  the  Executive 
administration  of  the  Government,  first  delivering,  in  ac 
cordance  with  an  early  and  ho,  ored  custom,  an  i  : augural 
address  to  the  people  of  the  United  States.  The  Secretary 
of  State  respectfully  submits  acopy  of  this  address  tn  Messrs 
Forsyth  and  Crawford.  A  simple  reference  to  it  will  be 


J.  T.  PICKETT, 

Secretary  to  the  Commissioners. 


Went   of   the    United  States  the  credentials  which  they  j  States,  on  April  8th,  1861,  at  2.15  P.  BL,  in  blank^nv elope 
bear,  and  the  objects  of  the  mission  with  which  they  are  ATTEST  : 

The  Secretary  of  State  frankly  confesses  that  he  under 
stands  the  events  which  have  recently  occurred,  and  the 
condition  of  political  affairs  which  actually  exi-sts  in  the 
part  of  the  Union  to  which  his  attention  has  thus  been 
directed,  very  differently  from  the  aspect  in  whi  h  they 
are  presented  by  Messrs.  Forsyth  and  Crawford.  He  sees 
in  them  not  a  righ'ful  and  accomplished  revolution  and  an 


The  Commissioners  in  reply  to  Mr.  Seward. 

WASHINGTON,  April  9, 1861. 
Hon.  WM.  H.  SEWARD,   Secretary  of  State  of  the   United 

States,  Washington. 

The  "  memorandum,"  dated  Department  of  State,  Wash 
ington,  March  15, 1801,  with  postscript  under  date  of  8th 
instant,  has  been  received  through  the  hands  of  Mr.  J.  T. 
Pickett.  secretary  to  this  commission,  who,  by  the  instruc 
tions  of  the  undersigned,  called  for  it  on  yesterday  at  the 
Department. 

In  that  memorandum  you  correctly  state  the  purport  of 
the  official  note  addressed  to  you  by  the  undersigned  on  the 
12th  ultimo.  Without  repeating  the  contents  of  that  note 
in  full,  it  is  enough  to  say  hero  that  its  object  was  to  invite 
the  Government  of  the  United  States  to  a  friendly  con 
sideration  of  the  relations  between  the  United  States  and 
the  seven  States  lately  of  the  Federal  Union,  but  now 
separated  from  it  by  the  sovereign  will  of  their  people, 
growing  out  of  the  pregnant  and  undeniable  f;ict  that  those 
people  have  rejected  the  authority  of  the  United  States 
and  established  a  Government  of  their  own.  Those  rela 
tions  had  to  be  friendly  or  hostile.  The  people  of  the  old 
and  new  Governments,  occupying  contiguous  territories, 
had  to  stand  to  each  other  in  the  relation  of  good  neigh 
bors,  each  seeking  their  happiness  and  pursuing  their 
national  destinies  in  their  own  way,  without  interference 
with  the  other,  or  they  had  to  be  rival  and  hostile  nations. 
The  Government  of  the  Confederate  States  had  no  hesita 
tion  in  electing  its  choice  in  this  alternative.  Fr.-mkly  and 
unreservedly,  soaking  the  good  of  the  people  who  had  en 
trusted  them  with  power,  in  the  spirit  of  humanity,  of  the 
Christian  civilization  of  the  age,  and  of  that  Americanism 
which  regards  the  true  welfare  and  happiness  of  the  people, 
the  Government  of  the  Confederate  States,  among  its  first 
acts,  commissioned  the  undersigned  to  approach  the  Gov 
ernment  of  the  United  States  with  the  olive  branch  of 
peace,  and  to  oftcr  to  adjust  the  great  questions  pending 
between  them  in  the  only  way  to  be  justified  by  the  coii- 


tmflicieut  to  satisfy  those  gentlemen  that  the  Secretary  of)  sciences  and  common  sense  of  good  men  who  had  nothing 
State,  guided  by  the  principles  therein  announced,  is  but  the  welfare  of  the  people  of  the  two  Confederacies  at 
-revested  altogether  from  admitting  or  assuming  that  the  |  heart. 


States  referred  to  by  them,  have,  in  law  or  in  fact,  withdrawn 
Iroin  the  Federal  Union,  or  that  th<'y  could  dj  so  in  the 
manner  described  by  Messrs.  Forsyth  and  Crawford,  or  in 
m>y  other  manner  than  with  the  consent  and  concert  of 
the  p:ople  of  the  United  States,  to  be  given  through  a  Na 
tional  Convention,  to  be  assemb'ed  in  conformity  with  the 
provisions  of  the  Constitution  of  the  United  States.  Of 
course  the  Secretary  of  State  cannot  act  upon  the  assump 
tion,  or  in  any  way  admit  that  the  so-called  Confederate 
State-?  constitute  a  foreign  Power,  with  whom  diplomatic 
relations  ought  to  be  established. 

Under  these  circumstances  the  Secretary  of  State,  whose 
official  duties  ore  confined,  subject  to  the  direction  of  the 


Your  Government  has  not  chosen  to  meet  the  under 
signed  in  the  conciliatory  and  peaceful  spirit  in  which  they 
are  commissioned.  Persistently  wedded  to  those  fatal 
theories  of  construction  of  the  Federal  Constitution  always 
rejected  by  the  statesmen  of  the  South,  and  adhered  to  by 
those  of  the  Administration  school,  until  they  have  pro 
duced  their  natural  and  often  predicted  result  of  the  de 
struction  of  the  Union,  under  which  we  might  have  con 
tinued  to  live  happily  and  gloriously  together  had  the 
spirit  of  the  ancestry  who  framed  the  common  Constitution 
animated  the  hearts  of  all  their  sons,  you  now,  with  a  per 
sistence  untaught  arid  uncured  by  the  ruin  which  has  been 
wrought,  refuse  to  recognize  the  great  fact  presented  to  you 


President,  to  the  conducting  of  the  foreign  relations  of  the  j  of  a  completed  an^  successful  revolution;  you  close  your 
country,  and  do  not  at  all  embrace  domestic  questions  or  eyes  to  the  existence  of  the  Government  founded  upon  it, 
questions  arising  between  the  several  States  and  the  Fed-  j  and  ignore  the  high  duties  of  moderation  and  humanity 
eral  Government,  is  unable  to  comply  with  the  request  of  \  which  attach  to  you  in  dealing  with  this  great  fact.  Had 
Messrs.  Forsyth  and  Crawford,  to  appoint  a  day  on  which  |  you  met  these  issues  with  the  frankness  and  manliness  with 
they  may  present  the  evidences  of  their  authority  and  the  i  which  the  undersigned  were  instructed  to  present  them  to 
object  of  their  visit  to  the  President  of  the  United  States.  I  you  and  treat  them,  the  undersigned  had  not  now  the  mel- 
Oii  the  contrary,  he  is  obliged  to  state  to  Messrs  Forsyth  ancholy  duty  to  return  home  and  tell  their  Government 
and  Crawford  that  ho  has  no  authority,  nor  i-s  he  at  liberty  \  and  their  countrymen  that  their  earnest  and  ceaseless 
to  recognize  them  as  diplomatic  agents,  or  hold  correspon-  j  efforts  in  behalf  of  peace  had  been  futile,  and  that  the 
dence  or  other  communication  with  them.  j  Government  of  the  United  States  meant  to  subjugate  them 

Finally,  the  Secretary  of  State  would  observe  that,  al-  I  by  force  of  arms.  Whatever  may  be  the  result,  impartial 
though  lie  lias  supposed  that  he  might  safely  and  with  pro 
priety  have  adopted  these  conclusions  without  making  any 
reference  of  the  subject  to  the  Executive,  yet  so  strong 
has  been  his  desire  to  practice  entire  directness  and  to  act 
in  a  spirit  of  perfect  respect  and  candor  towards  Messrs. 
Forsyth  and  Crawford,  and  that  portion  of  the  people  of 
the  Union  in  whose  name  they  present  themselves  before 
him,  that  he  has  cheerfully  submitted  this  paper  to  the 
President,  who  coincides  generally  in  the  views  it 
expresses,  and  sanctions  the  Secretary's  decision  de 
clining  official  intercourse  with  Messrs.  Forsyth  and  j  history  to  prove.  These  military  demonstrations  against 
Crawford.  j  the  people  of  the  seceded  States  are  certainly  far  from 


history  will  record  the  innocence  of  the  Government  of  the 
Confederate  States,  and  place  the  responsibility  of  the 
blood  and  mourning  that  may  ensue  upon  those  who  have 
denied  the  great  fundamental  doctrine  of  American  liberty, 
that  "  Governments  derive  their  just  powers  from  the  con 
sent  of  the  governed,"  and  who  have  set  naval  and  land 
armaments  in  motion  to  subject  the  people  of  one  portion 
of  this  land  to  the  will  of  another  portion.  That  that  can 
never  be  done  while  a  freeman  survives  in  the  Confederate 
States  to  wield  a  weapon,  the  undersigned  appeal  to  past 


110 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


being  in  keeping  and  consistency  with  the  theory  of  th 
Secretary  of  State,  maintained  in  his  memorandum,  tha 
these  States  are  still  component  parts  of  tho  late  American 
Union,  as  the  undersigned  are  not  aware  of  any  constitu 
tional  power  in  tho  President  of  tho  United  States  to  lev- 
war,  without  the  consent  of  Congress,  upon  a  foreign  peo 
pie,  much  less  upon  any  portion  of  tho  people  of  the  Unitec 
States. 

The  undersigned,  like  the  Secretary  of  State,  have  m 
purpose  to  "  invito  or  engage  in  discussion  "  of  the  subjec 
on  which  their  two  Governments  are  so  irreconcilably  a 
variance.  It  is  this  variance  that  has  broken  up  the  olt 
Union,  the  disintegration  of  which  has  only  begun.  It  ii 
proper,  however,  to  advise  you  that  it  were  well  to  dismiss 
the  hopes  you  seem  to  entertain  that,  by  any  of  the  modes 
indicated,  the  people  of  the  Confederate  States  will  ever  b( 
brought  to  submit  to  the  authority  of  tne  Government  o: 
the  United  States.  You  are  dealing  with  delusions,  too 
when  you  seek  to  separate  our  people  from  our  Govern 
ment  and  to  characterize  the  deliberate,  sovereign  act  o: 
that  people  as  a  "  perversion  of  a  temporary  and  partisan 
excitement."  If  you  cherish  these  dreams  you  will  be 
awakened  from  them  and  find  them  as  unreal  and  unsub 
stantial  as  others  in  which  you  have  recently  indulged 
The  undersigned  would  omit  the  performance  of  an  obvious 
duty  were  they  to  fail  to  make  known  to  the  Government 
of  tho  United  States  that  the  people  of  the  Confederate 
Status  have  declared  their  independence  with  a  full  knowl 
edge  of  all  the  responsibilities  of  that  act,  and  with  as  firm 
a  determination  to  maintain  it  by  all  the  means  with  which 
nature  has  endowed  them  as  that  which  sustained  their 
fathers  when  they  threw  off  the  authority  of  the  British 
crown. 

The  undersigned  clearly  understand  that  you  have  de- 
alined  to  appoint  a  day  to  enable  them  to  lay  the  objects 
of  the  mission  with  which  they  are  charged  before  the 
President  of  tho  United  States,  because  so  to  do  would  bo 
to  recognize  the  independence  and  separate  nationality 
of  the  Confederate  States.  This  is  the  vein  of  thought 
that  pervades  the  memorandum  before  us.  The  truth  of 
history  requires  that  it  should  distinctly  appear  upon  the 
record  that  the  undersigned  did  not  ask  the  Government 
of  the  United  States  to  recognize  the  independence  of  the 
Confederate  States.  They  only  asked  audience  to  adjust, 
in  a  spirit  of  amity  aud  peace,  the  new  relations  springing 
from  a  manifest  and  accomplished  revolution  in  the  Gov 
ernment  of  the  late  Federal  Union.  Your  refusal  to  enter 
tain  these  overtures  for  a  peaceful  solution,  the  active  naval 
and  military  preparation  of  this  Government,  and  a  formal 
notice  to  the  commanding  general  of  the  Confederate 
forces  in  the  harbor  of  Charleston  that  the  President  in 
tends  to  provision  Fort  Sumter  by  forcible  means,  if  neces 
sary,  are  viewed  by  tne  undersigned,  and  can  only  be 
received  by  tho  world,  as  a  declaration  of  war  against  the 
Confederate  States ;  for  the  President  of  the  United  States 
knows  that  Fort  Sumter  cannot  be  provisioned  without  the 
effus^u  of  blood.  The  undersigned,  in  behalf  of  their 
Or  ,mcnt  and  people,  accept  the  gage  of  battle  thus 
thir.^n  down  to  them,  and,  appealing  to  God  and  the  judg 
ment  of  mankind  for  the  righteousness  of  their  cause,  the 
people  of  tho  Confederate  States  will  defend  their  liberties 
to  the  hist  against  this  flagrant  and  open  attempt  at  their 
subjugation  to  sectional  power. 

This  communication  cannot  be  properly  closed  without 
adverting  to  the  date  of  your  memorandum.  The  official 
note  of  the  undersigned,  of  the  12th  March,  was  delivered 
tj  tho  Assistant  Secretary  of  State  on  tho  13th  of  that 
month,  the  gentleman  whodlivered  it  informing  him  that 
die  Secretary  of  this  commission  would  call  at  twelve 
o'clock,  noon,  on  the  next  day  fir  an  answer.  At  the  ap 
pointed  hour  Mr.  Pickett  did  call,  aud  was  informed  by 
tho  Assistant  Secretary  of  State  that  tho  engagements  of 
the  Secretary  of  Stato  had  prevented  him  from  giving  the 
note  his  attention.  The  Assistant  Secretary  of  State  then 
asked  for  the  address  of  Messrs.  Crawford  and  Forsyth.  the 
members  of  the  Commission  tin  n  present  in  this  city, 
took  note  of  the  address  on  a  card,  and  engaged  to  send 
whatever  reply  might  be  made  to  their  lodgings.  Why 
this  was  not  done  it  is  proper  should  bo  here  explained. 
The  memorandum  is  dated  March  1 5,  and  was  not  delivered 
until  April  8.  Why  was  it  withheld  during  the  interve 
ning  twenty-three  days  ?  In  the  postcnpt  to  your  memo 
randum  you  say  it  "  was  delay*  d,  as  was  understood,  with 
th  ir  (Messrs.  Forsyth  and  Crawford's)  consent.'^  This 
is  tvuo  ;  but  it  is  also^true  that  on  the  loth  of  March 
Messrs.  Forsyth  and  Crawford  were  assured,  by  a  person 
occupying  a  hi»h  official  position  in  the  Government,  and 
who,  as  they  believed,  was  speaking  by  authority,  that 
Fort  Smnter  would  lie  evacuated  within  a  very  few  days, 
ami  that,  no  measure  changing  the  existing  status  preju 
dicially  to  the  Confederate  States,  as  respects  Fort  Pickens, 
was  then  contemplated,  and  these  assurances  were  subse 
quently  repeated,  with  the  addition  that  any  contemplated 
change  as  respects  Fort  Pickeus  would  be  notified  to  us. 


OH  the  1st  of  April  we  were  again  informed  that  there 
might  be  an  attempt  to  supply  Fort  Sumter  with  pro- 
visi  ins,  but  that  Governor  Pickens  should  have  previous 
notice  of  this  attempt  There  was  no  suggestion  of  a  re 
inforcement.  The  undersigned  did  not  hesitate  to  believe 
that  these  assurances  expressed  the  intention  of  the  Ad 
ministration  at  the  time,  or  ac  all  ev«nts  of  prominent 
members  of  the  Administration.  This  delay  was  assented 
to  for  the  express  purpose  of  attaining  the  great  end  of 
the  mission  of  the  undersigned,  to  wit,  a  specific  solution 
to  existing  complications.  The  inference  deducible  from 
the  date  of  your  memorandum  that  the  undersigned  had, 
of  their  own  volition  and  without  canse,  consented  to  this 
long  hiatus  in  the  grave  duties  with  which  they  were 
charged  is  therefore  not  consistent  with  a  just  exposition 
of  the  facts  of  the  case. 

The  intervening  twenty-three  days  were  employed  in 
active  unofficial  efforts,the  objectof  which  was  to  smooth  the 
path  to  a  pacific  solution,  the  distinguished  personage  al 
luded  to  co-operating  with  the  undersigned,  and  every  step 
of  that  effort  is  recorded  in  writing,  and  now  in  possession 
of  the  undersigned  and  of  their  Government  It  was  only 
when  all  these  anxious  efforts  f  r  peace  had  been  ex 
hausted,  and  it  became  clear  that  Mr.  Lincoln  had  determ 
ined  to  appeal  to  the  sword  to  reduce  the  people  of  the  Con 
federate  States  to  the  will  of  the  section  or  party  whosa 
President  he  is,  that  tho  undersigned  resumed  the  official 
negotiation  temporarily  suspended,  and  sent  their  secre 
tary  for  a  reply  to  their  official  note  of  March  12. 

It  is  proper  to  add  that,  during  these  twenty-three  days, 
two  gentlemen  of  official  distinction  as  high  as  that  of  tho 
personage  hitherto  alluded  to,  aided  the  undersigned  as  in 
termediaries  in  these  unofficial  negotiations  for  peace. 

The  undersigned,  Commissioners  of  the  Confederate  States 
of  America,  having  thus  made  answer  to  all  they  deem 
material  in  the  memorandum  filed  in  the  Department  on 
the  15th  of  March  last,  have  the  honor  to  be, 

JOHN  FORSYTH, 
MARTIN  J.  CRAWFORD, 
A.  B.  ROMAN. 

A  true  copy  of  the  original  by  one  delivered  to  Mr.  F.  W. 
Seward,  Assistant  Secretary  of  State  of  the  United  States, 
at  eight  o'clock  in  the  evening  of  April  9,  1561. 

Attest:  J.  T.  PICKETT,  Secretary,  <£ c. 

Mr.  Seward  in  reply  to  the  Comtnissioners 

DEPARTMENT  OP  STATE, 

WASHINGTON,  April  10, 1861. 

Messrs.  Forsyth,  Crawford,  and  Roman,  having  been  ap 
prized  by  a  memorandum  which  has  been  delivered  to  them 
hat  tbe  Secretary  of  Stsite  is  not  at  liberty  to  hold  official 
ntercourse  with  them,  will,  it  is  presumed,  expect  no  no- 
;ice  from  him  of  the  new  communication  which  they  have 
iddresssed  to  him  under  date  of  the  9th  instant,  beyond  tho 
simple  acknowledgment  of  the  receipt  thereof,  which  he 
"  ereby  very  cheerfully  gives. 

A  true  copy  of  the  original  received  by  the  Commission 
ers  of  the  Confederate  States  this  loth  d;iy  of  April,  1801. 
Attest :  J.  T.  PICKETT,  Secretary,  dkc. 

JUDGE  CAMPBELL'S  STATEMENT  RESPECTING   HIS 
PART  IN  THE  NEGOTIATION. 

WASHINGTON  CITY,  April  13, 1861. 

SIR:  On  the  15th  of  March  ultimo  I  left  with  Judge  Craw- 
brd,  one  of  the  Commissioners  of  the  Confederate  States,  a 
oto  in  writing  to  tho  effect  following: 
';  I  feel  entire  confidence  that  Fort  Sumter  will  be  evacu 
ated  in  the  next  five  days.    Aud  this  measure  is  felt  as  im- 
josing  great  responsibility  on  the  Administration. 

"I  feel  entire  confidence  that  no  measure  changing  the 
xistiKg  status,  prejudicially  to  the  Southern  Confederate 
States,  is  at  present  contemplated. 

"  I  feel  an  entire  confidence  that  an  immediate  demand 
or  an  answer  to  the  communication  of  the  Commissioners 
nil  be  productive  of  evil  and  not  of  good.  I  do  not  believe 
hat  it  ought  at  this  time  to  bo  pressed." 

The  substance  of  this  statement  I  communicated  to  you 
he  same  evening  by  letter.  Five  days  elapsed  and  I  called 
vith  a  telegram  from  General  Beauregard  to  the  effect  that 
hunter  was  not  evacuated,  but  that  Major  Anderson  was  at 
fork  making  repairs. 

The  next  day,  after  conversing  with  you,  I  communicated 
o  Judge  Crawford,  in  writing,  that  tho  failure  to  evacuate 
imtiT  was  not  the  result  of  I >ad  faith,  but  was  attributable 
to  causes  consistent  with  the  intention  to  fulfill  theengago 
iiK<it,  and  that,  as  regarded  Pit-lions,  I  should  h;»vo  notice 
of  any  design  to  alter  the  existing  status  there.  Mr.  Justice 
Nelson  was"  present  at  these  conversations,  three  iu  num 
ber,  and  I  submitted  to  him  each  of  my  written  communi 
cations  to  Judge  Crawford,  and  informed  Judge  C.  that  they 
had  his  (Judge  Nelson's)  sanction.  I  gave  you,  on  the  '22<1 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


Ill 


of  March,  a  substantial  copy  of  the  statement  I  had  made 
>n  the  15th. 

The  30th  of  March  arrived,  and  at  that  time  a  telegram 
rame  from  Governor  Pickens  inquiring  concerning  Colonel 
Lamon,  whose  visit  to  Charleston  he  supposed  had  a  con 
nection  with  the  proposed  evacuation  of  Fort  Sumter.  I 
left  that  with  you,  and  was  to  have  an  answer  the  follow 
ing  Monday,  (1st  of  April.)  On  the  1st  of  April  I  received 
from  you  the  statement  in  writing:  "I  am  satisfied  the 
Government  will  not  undertake  to  supply  Fort  Sumter  with 
out  giving  notice  to  Governor  P."  The  words  "  I  am  satis 
fied"  were  for  me  to  use  as  expressive  of  confidence  in  the 
remainder  of  the  declaration. 

The  proposition  as  originally  prepared  was,  "  The  Presi 
dent  may  desire  to  supply  Sumter,  but  will  not  do  so,;>  &c., 
and  your  verbal  explanation  was  that  you  did  not  believe 
any  such  attempt  would  be  made,  and  that  there  was  no 
design  to  reinforce  Sumter. 

There  was  a  departure  here  from  the  pledges  of  the  pre 
vious  month,  but,  with  the  verbal  explanation,  I  did  not 
consider  it  a  matter  then  to  complain  of.  I  simply  stated 
to  you  that  I  had  that  assurance  previously. 

611  the  7th  of  April  I  addressed  you  a  letter  on  the  sub 
ject  of  the  alarm  that  the  preparations  by  the  Government 
had  created,  and  asked  you  if  the  assurances  I  had  given 
were  well  or  ill-founded.  In  respect  to  Sumter  your  reply 
was,  "  Faith  as  to  Sumter,  fully  kept — wait  and  see."  In 
the  morning's  paper  I  read,  "An  authorized  messenger  from 
President  Lincoln  informed  Governor  Pickens  and  General 
Beauregard  that  provisions  will  be  sent  to  Fort  Sumter — 
peaceably,  or  othenufse  by  force."  This  was  the  8th  of 
April,  at  Charleston,  the  day  following  your  last  assurance, 
and  is  the  evidence  of  the  full  faith  I  was  invited  to  wait 
for  and  see.  In  the  same  paper,  I  read  that  intercepted 
dispatches  disclosed  the  fact  that  Mr.  Fox,  who  had  been 
allowed  to  visit  Major  Anderson,  on  the  pledge  that  his  pur 
pose  was  pacific,  employed  his  opportunity  to  devise  a  plan 
for  supplying  the  fort  by  force,  and  that  this  plan  had  been 
adopted  by  the  Washington  Government,  and  was  in  pro 
cess  of  execution.  My  recollection  of  the  date  of  Mr.  Fox's 
visit  carries  it  to  a  day  in  March.  I  learn  he  is  a  near  con 
nexion  of  a  member  of  the  Cabinet.  My  connection  with 
the  Commissioners  and  yourself  was  superinduced  by  a  con 
versation  with  Justice  Nelson.  He  informed  me  of  your 
etrong  disposition  in  favor  of  peace,  and  that  you  were  op 
pressed  with  a  demand  of  the  Commissioners  of  the  Confed 
erate  States  for  a  reply  to  their  first  letter,  and  that  you 
desired  to  avoid  it  if  possible  at  that  time." 

I  told  him  I  might,  perhaps  be  of  some  service  in  arrang 
ing  the  difficulty.  I  came  to  your  office  entirely  at  his  re 
quest  and  without  knowledge  of  either  of  the  Commis 
sioners.  Your  depression  was  obvious  to  both  Judge  Nelson 
and  myself.  I  was  gratified  at  the  character  of  the  coun 
sels  you  were  desirous  of  pursuing,  and  much  impressed 
with  your  observation  that  a  civil  war  might  be  prevented 
by  the  success  of  my  mediation.  You  read  a  letter  of  Mr. 
Weed  to  show  how  irksome  and  responsible  the  withdrawal 
of  troops  from  Sumter  was.  A  portion  of  niy  communica 
tion  to  Judge  Crawford  on  the  15th  March  was  founded 
upon  these  remarks,  and  the  pledge  to  evacuate  Sumter  is 
less  forcible  than  the  words  you  employed.  These  words 
were:  Before  this  letter  reaches  you  (a  proposed  letter 
bv  me  to  President  Davis)  Sumter  will  have  been  evacu-  I 
ated. 

The  Commissioners  who  received  those  communications  | 
conclude  they  have  been  abused  and  overreached.    The  l 
Montgomery  Government  hold  the  same  opinion.     The 
Commissioners  have  supposed  that  my  communications  | 
were  with  you,  and  upon  the  hypothesis  were  prepared  to 
arraign  you  before  the  country  in  connection  with  the  Pres 
ident.    I  placed  a  peremptory  prohibition  upon  this  as 
being  contrary  to  the  term  of  my  communications  with 
them.    I  pledged  myself  to  them  to  communicate  informa 
tion  upon   what  I  considered  as  the  best  authority,  and 
they  were  to  confide  in  the  ability  of  myself,  aided  by 
Judge  Nelson,  to  determine  upon  the  credibility  of  my  in 
formant. 

I  think  no  candid  man  who  will  read  over  what  I  have 
written,  rind  considers  for  a  moment  what  is  going  on  at  j 
Sumter,  but  will  agree  that  the  equivocating  conduct  of  j 
the  Administration,  as  measured  and  interpreted  in  con-  j 
nectiou  with  these  promises,  is  the  proximate  cause  of  the  j 
great  calamity. 

I  have  a  profound  conviction  that  the  telegrams  of  the  | 
8th  of  April  of  General  Beauregard,  and  of  the  10th  of  J 
April  of  General  Walker,  the  Secretary  of  War,  can  be  j 
referred  to  nothing  else  than  their  belief  that  there  has  ; 
been  Ny.stematie  duplicity  practiced  on  them  through  me.  l 
It  i.s  nnd<  r  an  oppressive  sense  of  the  weight  of  this  re-  ! 
spousiliility  that  I  submit  to  you  these  things  for  your  ex-  ; 
ulunntion. 

Very  respectfully,  JOHN  A.  CAMPBELL, 

Associate  Justice  of  tlie  Supreme  Court  V.  S. 
ffon.  WIL  MAM  II.  SEWARD,  Secretary  of  State. 


Dispatches. 

CHARLESTON,  April  8,  1861. 
To  L.  P.  WALKER,  Secretary  of  War. 

An   authorized  message  from   1  resident  Lincoln*  just 
informed  Governor  Pickens  and  myself  that  provisions  will 
be  sent  to  Fort  Sumter  peaceably,  or  otherwise  by  force. 
G.  T.  BEAUREGARD. 

MONTGOMERY,  April  10, 18S1. 
GEN.  G.  T  BEAUREGARD. 

If  you  have  no  doubt  as  to  the  authorized  character  ol 
the  agent  who  communicated  to  you  the  intention  of  the 
Washington  Government  to  supply  Fort  Sumter  by  force, 
you  will  at  once  demand  its  evacuation,  and  if  this  is  re 
fused  proceed  in  such  manner  as  you  may  determine  to 
reduce  it.  L.  P.  WALKER. 

Judge  Campbell  to  the  Secretary  of  State. 

WASHINGTON.  April  20, 1861. 

SIR  :  I  inclose  you  a  letter,  corresponding  very  nearly 
•with  one  I  addressed  to  you  one  week  ago,  (Uiih  April.) 
to  which  I  have  not  had  any  reply.  The  letter  is  simply 
one  of  inquiry  in  reference  to  facts  concerning  which,  I 
think,!  am  entitled  to  an  explanation.  I  have  not  adopted 
any  opinion  in  reference  to  them  which  may  not  be  modi 
fied  by  explanation ;  nor  have  I  affirmed  in  that  letter, 
nor  do  I  in  this,  any  conclusion  of  my  own  unfavorable  to 
your  integrity  iu  the  whole  transaction.  All  that  I  have 
said  and  mean  to  say  is,  that  an  explanation  is  due  from 
you  to  myself.  I  will  not  say  what  I  shall  do  in  case  this 
request  is  not  complied  with,  but  I  am  justified  in  saying 
that  I  shall  1'eel  at  liberty  to  place  theso  letters  belore  any 
person  who  is  entitled  to  ask  an  explanation  of  myself. 
Very  respectiully,  JOHN  A.  CAMPBELL, 

Associate  Justice  of  the  Supreme  Court  U.  S. 
Hon.  WM.  H.  S;:WARD,  Secretary  of  State. 

April  24,  1861.— No  reply  has  been  made  to  this  letter. 

Judge  Campbell  to  General  Davis. 

MONTGOMERY,  (ALA.,)  May  7, 1861. 

SIR  :  I  submit  to  you  two  letters  that  were  addressed  by 
me  to  the  Hon.  W.  H.  Seward,  Secretary  of  State  of  the 
United  States,  that  contain  an  explanation  of  the  nature 
and  result  of  an  intervention  by  me  in  the  intercourse  of 
the  Commissioners  of  the  Confederate  States  with  that 
officer.  I  considered  that  I  could  perform  no  duty  iu  which 
the  entire  American  people,  whether  of  the  Federal  Union 
or  of  the  Confederate  States,  were  more  interested  than 
that  of  promoting  the  counsels  and  the  policy  that  had  for 
their  object  the  preservation  of  peace.  This  motive  dic 
tated  my  intervention.  Besides  the  interview  referred  to 
in  these  letters,  I  informed  the  Assistant  Secretary  of  State 
of  the  United  States,  (not  being  able  to  see  the  Secretary,) 
on  the  llth  of  April  ultimo,  of  the  existence  of  a  telegram 
of  that  date  from  Gen.  Beauregard  to  the  Commissioners, 
in  which  he  informed  the  Commissioners  that  he  had 
demanded  the  evacuation  of  Sumter,  and  if  refused  he 
would  proceed  to  reduce  it.  On  the  same  day  I  had  been 
told  that  President  Lincoln  had  said  that  none  of  the  ves 
sels  sent  to  Charleston  were  war  vessels,  and  that  force  was 
not  to  be  used  in  the  attempt  to  supply  the  fort.  I  had  no 
means  of  testing  the  accuracy  of  this  information,  but 
offered  that,  if  the  information  was  accurate,  I  would  send 
a  telegram  to  the  authorities  at  Charleston,  and  it  might 
prevent  the  disastrous  consequences  of  a  collision  a.t  that 
fort  between  the  opposing  forces.  It  was  the  last  effort 
that  I  would  make  to  avert  the  calamities  of  war.  The 
Assistant  Secretary  promised  to  give  the  matter  attention, 
but  I  had  no  other  intercourse  with  him  or  any  other 
person  on  the  subject,  nor  have  I  had  any  reply  to  the 
letters  submitted  to  you. 

Very  respectfully,  JOHN  A.  CAMPBELL. 

Gen.  DAVIS,  President  of  the  Confederate  States. 

In  an  article  of  Mr.  THURLOW  WEED,  in  the 
Albany  Evening  Journal  of  May  30,  1861,  we 
find  the  following  statements  respecting  Judge 
Campbell's  publication  : 

"  If  the  Pecretary  of  State  were  at  liberty  to  reply  to  ex- 
Judge  Campbell,  revealing  all  that  passed  between  them  on 
several  occasions,  not  only  no  imputation  of  insincerity 
would  rest  upcn  the  Secretary,  but  the  facts  would  seriously 
affect  Judge  Campbell's  well  established  reputation  for  can 
dor  and  frankness.  The  revelations  would  furnish  no  evi 
dence  of  either  the  falsehood  or  the  duplicity  of  Governor 
Sewnrd.  for  there  was  nothing  of  either  in  hisconversations 

'•  We  viola.te  no  confidence  in  saying  that  JurlgH  Catni.- 
bell  halnnred  long  between  loyalty  and  recession,  the  pre 
ponderance,  up  to  a  late  day,  being  in  favor  of  the  Union. 

*  See  President  Lincoln's  First  Message  to  Congress,  July 
4, 1861. 


112 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


"If  lie  at  any  time  looked  with  favorer  satisfaction  upon 
evctfe&ion,  he  was  much  an<l  generally  mlrandentood.  If 
bo  di;l  not  t»etiously  contemplate  remaining  in  the  Union 
at,d  upon  the  Bench,  he  was  misunderstood. 

'•  11  during  that  period  of  mental  trial,  he  was  noting  in 
haruioi  y  with  the  leading  enemies  of  the  Union,  he  was 
grossly  misunderstood. 

"•flint  Gov.  Reward  conversed  freoly  witli  Judge  Camp 
bell,  we  do  not  «U>uy,  nor  do  we  doubt,  that  in  these  con- 
veivations,  at  one  period,  he  intimated  tbat  Foit  Sumter 
would  t>e  evacuated 

•'  lie  certainly  believed  so,  founding  his  opinion  upon  a 
knowledge  <>f  Gen.  Scott's  recommendation. 

•'  Subsequently,  the  President  deemed  it  his  duty  to  au- 
thcrize  mi  effort  to  reinforce  and  provision  that  fortress.  We 
do  not  know  whether  Gov.  Reward  met  Judge  Campbell 
after  that  <  bange  of  purpose;  but  he  was  not  at  liberty,  if 
they  did  meet,  to  reveal  wLrt  was  so  well  kept. 

"  But,  whatever  Gov.  Seward  said  or  intimated  to  Judge 
Campbell  was  true  at  the  time  it  was  said. 

"  That  Judge  Campbell  reported  to  the  Confederate 
President  half  that  he  said  or  intimated,  is  more  than 
doubtful.'' 

PRESIDENT  LINCOLN'S  ANSWER  TO  THE  DELEGATES 
FROM  VIRGINIA. 

April  13,  1861.  The  PRESIDENT  had  an  inter 
view  with  Win.  Ballard  Preston,  Alexander  H. 
H.  Stuart,  and  George  W.  Randolph,  who  were 
appointed  by  the  Convey tion  of  Virginia  then 
in  session,  under  a  resolution  recited  in  the 
President's  reply,  which  was  as  follows  : 

Han.  Messrs.  Preston,  Stuart,  and  Randolph: 

GLNTLEMEN  :  As  a  committee  of  the  Virginia  Convention, 
now  in  session,  you  present  me  a  preamble  and  resolution 
in  these  words : 

"  Whereas,  in  the  opinion  of  this  Convention.,  the  uncer 
tainty  which  prevails  in  the  public  mind  as  to  the  policy 
which  the  Federal  Executive  intends  to  pursue  toward  the 
seceded  States  is  extremely  injurious  to  the  industrial  and 
commercial  interests  of  the  country,  tends  to  keep  up  an 
excitement  which  is  unfavorable  to  the  adjustment  of  pend 
ing  difficulties,  and  threatens  a  disturbance  of  the  public 
peace:  Therefore, 

" L'csolvcd,  That  a  committee  of  three  delegates  be  ap 
pointed  to  wait  on  the  President  of  the  United  States,  pre 
sent  to  him  this  preamble  and  resolution,  and  respectfully 
ask  him  to  communicate  to  this  Convention  the  policy 
which  the  Federal  Executive  intends  to  pursue  in  regard  to 
tho  Confederate  States." 

In  answer  I  have  to  say,  that,  having  at  the  beginning  of 
my  ollicial  term  expressed  my  intended  policy  as  plainly  as 
1  was  able,  it  is  with  deep  regret  and  some  mortification  I 
now  learn  that  there  is  great  and  injurious  uncertainty  in 
the  public  mind  as  to  what  that  policy  is,  and  what  course 
I  intend  to  pursue. 

Not  having  as  yet  seen  occasion  to  change,  it  is  now  my 
purpose  to  pursue  the  course  marked  out  in  the  inaugural 
address.  I  commend  a  careful  consideration  of  the  Avhole 
document  as  the  best  expression  I  can  give  of  my  purposes. 
As  I  then  and  therein  said,  I  now  repeat : 

"  The  power  confided  to  me  will  be  used  to  hold,  occupy, 
and  possess  the  property  and  places  belonging  to  the  Gov 
ernment,  and  to  collect  the  duties  and  imposts ;  but  beyond 
what  is  necessary  for  theso  objects  there  will  be  no  inva 
sion,  no  using  of  force  against  or  among  the  people  any 
where." 

By  the  words  "  property  and  places  belonging  to  the  Gov 
ernment"  I  chiefly  allude' to  the  military  posts  and  property 
which  wc-re  in  the  possession  of  the  Government  when  it 
came  to  my  hands. 

But  if,  as  now  appears  to  be  true,  in  pursuit  of  a  purpose 
lo  drive  the  United  States  authority  from  these  places,  an 
unprovoked  assault  h;u»  been  made  upon  Fort  Sumter,  I 
ehiill  hold  myself  at  liberty  to  repossess,  if  I  can,  like  places 
which  had  been  seized  before  the  Government  was  devolved 

Jin  me.  And,  in  any  event,  I  shall,  to  the  best  of  my 
lity,  repel  force  by  force. 

In  case  it  proves  true  that  Fort  Sumter  has  been  as 
saulted,  as  is 'reported,  I  shall  perhaps  cause  the  United 
States  mails  to  be  withdrawn  from  all  the  States  which 
claim  to  have  seceded,  believing  that  the  commencement  of 
actual  war  against  the  Government  justifies  and  possibly 
demands  it. 

I  scarcely  need  to  say  that  I  consider  the  military  posts 
and  property  situated  within  the  States  which  claim  to  have 
seceded  as  yet  belonging  to  the  Government  of  the  United 
States  as  much  as  they  did  before  the  supposed  secession. 

Whatever  else  I  may  do  for  the  purpose,  I  shall  not  at 
tempt  to  collect  the  duties  and  imposts  by  any  armed  inva 
sion  of  any  part  of  the  country— not  meaning  by  this,  how 


ever,  that  I  may  not  land  a  force  deemed  necessary  to 
relieve  a  fort  upon  the  border  of  the  ccuutry. 

From  the  fact  that  I  have  quoted  a  part  of  the  inaugural 
address,  it  must  not  be  inferred  that  I  repudiate  any  othrr 
part,  the  whole  of  which  I  reaffirm,  except  so  far  as  what  I 
now  say  of  the  mails  may  be  regarded  as  a  modification. 

WHY  AND  HOW  WAR  WAS  MADE  UPON    THE    UN1TKI> 
STATES. 

In  January,  the  rebel  leaders  then  in  Wash 
ington  prevented  an  attack  upon  the  forts  in 
Charleston  harbor  fcnd  at  Pensacola. 

War  not  breaking  out,  the  conspiracy  weak 
ened,  and,  as  expressed  by  the  Mobile  Mercury 
in  discussing  the  position  of  affairs  in  those 
harbors: 

"  The  country  is  sinking  into  a  fatal  apathy,  and  the  spirit 
and  even  the  patriotism  of  the  people  is  oozing  out  under 
this  do-nothing  policy.  If  something  is  not  done  pretty 
soon,  decisive,  either  evacuation  or  expulsion,  the  whole 
country  will  become  eo  disgusted  with  the  sham  of  southern 
independence  that  the  first  chance  the  people  get  at  a  popu 
lar  election  they  will  turn  the  whole  movement  topsy-turvy 
so  bad  that  it  never  on  earth  can  be  righted  again." 

On  Wednesday,  April  10, 1861,  Roger  A.  Pryor, 
of  Virginia,  was  serenaded  in  Charleston  »nd 
spoke  as  follows,  as  reported  in  the  Mercury  : 

"Gentlemen,  I  thank  you,  especially  that  you  have  at 
last  annihilated  this  accursed  Union,  [applause.]  reeking 
with  corruption,  and  insolent  with  excess  of  tyranny. 
Thank  God,  it  is  at  last  blasted  and  riven  by  the  lightning 
wrath  of  an  outraged  and  indignant  people.  [Loud  ap 
plause.]  Not  only  is  it  gone,  but  gone  forever.  [Cries  of 
4  You're  right,'  and  applause.]  In  the  expressive  language 
of  Scripture,  it  is  water  spilt  upon  the  ground,  which  cannot 
be  gathered  up.  [Applause.]  Like  Lucifer,  son  of  the 
morning,  it  has  fallen,  never  to  rise  again.  [Continued  ap 
plause.]  For  my  part,  gentlemen,  if  Abraham  Lincoln  and 
Hannibal  Hamlin  to-morrow  were  to  abdicate  their  offu:e.s 
and  lucre  to  give  me  a  blank  sheet  of^apcr  to  write  the  ronui- 
tir,n  of  reannexation  to  the  defunct  Union,  I  would  scornfully 
spurn  the  overture.  *****  i  invoke 
you,  and  I  make  it  in  some  sort  a  personal  appeal — personal 
so  far  as  it  tends  to  our  assistance  in  Virginia — I  do  invoke 
you,  in  your  demonstrations  of  popular  opinion,  in  your 
exhibitions  of  official  intent,  to  give  no  countenance  to  this 
idea  of  reconstruction.  [Many  voices,  emphatically,  'Never,' 
and  applause.]  In  Virginia  they  all  Bay,  if  reduced  to  the 
dread  dilemma  of  this  memorable  alternative,  they  will  es 
pouse  the  cause  of  the  South  as  against  the  interest  of  the 
Northern  Confederacy,  but  they  whisper  of  reconstruction, 
and  they  say  Virginia  must  abide  in  the  Union,  with  the 
idea  of  reconstructing  the  Union  which  you  have  annihila 
ted.  I  pray  you,  gentlemen,  rob  them  of  that  idea.  Proclaim 
to  the  world  that  upon  no  condition,  and  under  no  circum 
stance,  will  South  Carolina  ever  again  enter  into  political 
association  with  the  Abolitionists  of  New  England.  [Cries 
of 'Never,'  and  applause.] 

"  Do  not  distnist  Virginia.  As  sure  as  to-morrow's  sun 
will  rise  upon  us,  just  so  sure  will  Virginia  lie  a  member  of 
this  Southern  Confederation.  [Applause.]  And  I  will  tell 
you,  gentleman,  what  will  put  her  in  the  Southern  Confedera 
tion  in  less  than  an  hour  by  Shrewsbury  clocl: — STRIKE  A 
BLOW !  [Tremendous  applause.]  The  very  moment  that 
blood  is  shed,  old  Virginia  will  make  common  cause  with  her 
sisters  of  the  South.  [Applause.]  It  is  impossible  she  should 
do  otherwise." 

Hon.  JEREMIAH  CLEMENS,  formerly  United 
States  Senator  from  Alabama,  and  a  memb-  r  of 
the  Alabama  Seceding  Convention  who  resisted 
the  movement  until  adopted  by  the  body,  at 
an  adjourned  Reconstruction  meeting  held  at 
Huntsville,  Ala.,  March  13,  1864,  made  this 
significant  statement: 

Mr.  Clemens,  in  adjourning  the  meeting,  said  he  would 
tell  the  Alabamians  how  their  State  was  got  out  of  the 
Union.  "  In  1801,"  said  Mr.  C.,  "  shortly  after  the  Confed- 
erate  Government  was  put  in  operation,  I  was  in  the  city 
of  Montgomery.  One  day  I  stepped  into  the  office  of  the 
Secretary  of  War,  General  Walker,  and  found  there,  on- 
gaged  in  a  very  excited  discussion,  Mr.  Jefferson  Davis.  Mr. 
Memminger,  Mr.  Benjamin.  Mr.  Gilchrist,  a  member  of  our 
Legislature1  from  Loundes  county,  nnd  a  number  of  other 
prominent  gentlemen.  They  were  discussing  the  propnY.y 
of  immediately  opening  fire  on  Fort  Sumter,  to  which 
General  Walker,  the  Secretary  of  War,  appeared  to  b«>  op- 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


113 


posed.  Mr.  Gilchrist  paid  to  him,  '  Sir,  unless  you  sprinkle 
blood  in  the  face  of  the  people  of  Alabama  they  will  be 
back  in  the  old  Union  in  less  than  ten  days!'  The  next 
day  General  Bcauregard  opened  his  batteries  on  Sumter, 
and  Alabama  was  saved  to  the  Confederacy." 

CORRESPONDENCE  PRECEDING  BOMBARDMENT. 

CHARLESTON,  April  8, 1861. 
To  Hon.  L.  P.  WALKER,  Secretary  of  War,  Montgomery : 

An  authorized  messenger  from  President  Lincoln*  has 
jast  informed  Gov.  Pickeus  and  myself  that  provisions  will 
be  sent  to  Fort  Sumter  peaceably,  or  otherwise  by  force. 

G.  T.  BEAUREGARD. 

MONTGOMERY,  April  10, 1861. 
To  Gen.  BEAUREGARD,  Charleston : 

If  you  have  no  doubt  of  the  authorized  character  of  the 
agent  who  communicated  to  you  the  intention  of  the 
Washington  Government  to  supply  Fort  Sumter  by  force, 
you  will  at  once  demand  its  evacuation,  and,  if  this  is  re 
fused,  proceed  in  such  manner  as  you  may  determine  to 
reduce  it.  L.  P.  WALKER. 

CHARLESTON,  April  10, 1861. 
To  Hon.  L.  P.  WALKER: 

The  demand  will  be  made  to-morrow  at  12  o'clock. 
G.  T.  BEAUREGARD, 
Brigadier  General. 

MONTGOMERY,  April  10, 1861. 
To  Gen.  BEAUREGARI/,  Charleston  : 

Unless  there  are  special  reasons  connected  with  your 
own  condition,  it  is  considered  proper  that  you  should 
make  the  demand  at  an  earlier  hour. 

L.  P.  WALKER. 

CHARLESTON,  April  10, 1861. 
To  Hon.  L.  P.  WALKER  : 
The  reasons  are  special  for  12  o'clock. 

G.  T.  BEAUREGARD. 

CHARLESTON,  April  11, 1861. 
To  Hon.  L.  P.  WALKER  : 

The  demand  was  sent  at  2  p.  m.,  and  until  6  was  allowed 
for  the  answer.  G.  T.  BEAUREGARD. 

MONTGOMERY,  April  11, 1861. 
Gen.  BEAUREGARD,  Charleston : 

Telegraph  the  reply  of  Major  Anderson. 

L.  P.  WALKER. 

CHARLESTON,  April  11, 1861. 
To  Hon.  L.  P.  WALKER  : 

Major  Anderson  replies :  "  I  have  the  honor  to  acknowl 
edge  the  receipt  of  your  comrmmication  demanding  the 
t-vacuation  of  this  fort,  and  to  say  in  reply  thereto  that  it 
is  a  demand  with  which  I  regret  that  my  sense  of  honor 
and  of  my  obligation  to  my  Government  prevent  my  com 
pliance."  He  adds,  verbally,  "  /  will  await  the  first  shot, 
and,  if  you  do  not  batter  us  to  pieces,  we  will  be  starved  out 
in  a  few  days."  G.  T.  BEAUREGARD. 

MONTGOMERY,  April  11, 1861. 
To  General  BEAUREGARD  : 

Do  not  desire  needlessly  to  bombard  Fort  Sumter.  If 
Major  Anderson  will  state  the  time  at  which,  as  indicated 
by  himself,  he  will  evacuate,  and  agree  that,  in  the  mean 
time,  hu  will  not  use  his  guns  against  us  unless  ours  should 
be  employed  against  Fort  Sumter,  you  are  authorized  thus 
to  avoid  the  effusion  of  blood.  If  this  or  its  equivalent  be 
refused,  reduce  the  fort,  as  your  judgment  decides  to  be 
the  most  practicable.  L.  P.  WALKER. 

HEADQUARTERS  PROVISIONAL  ARMY  C.  S.  A., 

CHARLESTON,  (S.  C.)  April  11, 1861,  2  p.  m. 
Maj.  ROBERT  ANDERSON, 

Commanding  at  Fort  Sumter,  Charleston  Harbor,  S.  C.: 

SIR:  The  Government  of  the  Confederate  States  has 
hitherto  forborne  from  any  hostile  demonstration  against 
Fort  Sumter,  in  the  hope  that  the  Government  of  the 
United  States,  with  a,  view  to  the  amicable  adjustment  of 
all  questions  between  the  two  Governments,  and  to  avert 
the  calamities  of  war,  would  voluntarily  evacuate  it. 

There  was  reason  lit  one  time  to  believe  that  such  would 
bo  the  course  pursued  by  the  Government  of  the  United 
Shitcs,  and,  under  that  impression,  my  Government  has 
refniincd  from  making  any  demand  for  the  surrender  of  the 
fort.  But  the  Confederate  States  can  no  longer  delay  assum 
ing  actual  possession  of  a  fortification  commanding  the 
entrance  of  one  of  theii  harbors,  and  necessary  to  its  de 
fence  and  security. 

I  am  ordered  by  the  Government  of  the  Confederate 

*  See  his  first  message,  July  4, 1861,  page  124. 
8 


States  to  demand  the  evacuation  of  Fort  Sumter.  My  aids, 
Col.  Chesnut  and  Capt.  Lee,  are  authorized  to  mako  such 
demand  of  you.  All  proper  facilities  will  be  afforded  for 
the  removal  of  yourself  and  command — together  with 
company  arms  and  property,  and  all  private  property — to 
any  post  in  the  United  States  which  you  may  elect.  The 
flag  which  you  have  upheld  so  long,  and  with  so  much 
fortitude,  under  the  most  trying  circumstances,  may  be 
saluted  by  you  on  taking  it  down. 

Col.  Chesnut  and  Capt.  Lee  will,  for  a  reasonable  time, 
await  your  answer. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

G.  T.  BEAUREGARD,  Brig.  Gen.  Commanding. 

HEADQUARTERS  FORT  SUMTER,  S.  C., 

Aprill!,  1861. 
To  Brig.  Gen.  G.  T.  BEAUREGARD, 

Commanding  Provisional  Army  C.  S.  A.: 
GENERAL:  I  have  the  honor  to  acknowledge  the  receipt 
of  your  communication  demanding  the  evacuation  of  this 
fort,  and  to  say  in  reply  thereto  that  it  is  a  demand  with 
which  I  regret  that  my  sense  of  honor  and  my  obligation 
to  my  Government  prevent  my  compliance. 

Thanking  you  for  the  fair,  manly,  and  courteous  terms 
proposed,  and  for  the  high  compliment  paid  me,  I  remain, 
General,  very  respectfully,  your  obedient  servant, 

ROBERT  ANDERSON, 
Major  U.  S.  Army,  Commanding. 

HEADQUARTERS  PROV'L  ARMY  C.  S.  A., 
CHARLESTON,  S.  C.)  April  11,  1861, 11  P.  M. 
Major  ROBERT  ANDERSON, 

Commanding  at  Fort  Sumter,  Charleston  Harbor,  S.  C. : 
MAJOR  :  In  consequence  of  the  verbal  observations  made 
by  you  to  my  aids,  Messrs.  Chesnut  and  Lee,  in  relation  to 
the  condition  of  your  supplies,  and  that  you  would  in  a  few 
days  be  starved  out  if  our  guns  did  not  batter  you  to 
pieces,  or  words  to  that  effect,  and  desiring  no  useless  effu 
sion  of  blood,  I  communicated  both  the  verbal  observation 
and  your  written  answer  to  my  communication  to  my 
Government. 

If  you  will  state  the  time  at  which  you  will  evacuate 
Fort  Sumter,  and  agree  that  in  the  mean  time  you  will  not 
use  your  guns  against  us  unless  ours  shall  be  employed 
against  Fort  Sumter,  we  shall  abstain  from  opening  fire 
upon  you.  Col.  Chesnut  and  Capt.  Lee  are  authorized  by 
me  to  enter  into  such  an  agreement  with  you.  You  are, 
therefore,  requested  to  communicate  to  them  an  open 
answer. 

I  remain,  Major,  very  respectfully,  your  obedient  servant, 

G.  T.  BKAUKEGARD, 
Brigadier  General  Commanding. 

HEADQUARTERS  FORT  SUMTER,  S.  C. 

2.30A.M.,  April  !2,!&Q!. 
To  Brig.  Gen.  G.  T.  BEAUREGARD, 

Commanding  Provisional  Army  C.  S.  A.: 

GENERAL  :  I  have  the  honor  to  acknowledge  the  receipt  of 
your  second  communication  of  the  llth  instant,  by  Col. 
Chesuut,  and  to  state  in  reply,  that,  cordially  uniting  with 
you  in  the  desire  to  avoid  the  useless  effusion  of  bio  id,  I 
will,  if  prov  ded  with  the  necessary  means  of  transporta 
tion,  evacuate  Fort  Sumter  by  noon  on  the  15th  instant, 
should  I  not  receive  prior  to  that  time,  controlling  in 
structions  from  my  Government,  or  additional  supplies, 
and  that  I  will  not  in  the  mean  time  opm  my  fire  upjn 
your  forces,  unless  compelled  to  do  so  by  some  hostile 
act  against  this  fort  or  the  flag  of  my  Government,  by  the 
forces  under  your  command,  or  by  some  portion  of  them,  cr 
by  the  perpetration  of  some  act  showing  a  hostile  inten 
tion  on  your  part  against  this  fort  or  the  flag  it  bears. 

I  have  the  honor  to  be,  General,  very  respectfully,  your 
obedient  servant,  ROBERT  ANDERSON, 

Major  U.S.  A.  Commanding. 

FORT  SUMTER,  S.  C., 

April  12,  1861,  3.20  A.  M. 
MAJOR  ROBERT  ANDERSON,  United  States  Army, 

Commanding  Fort  Sumter : 

SIR  :  By  authority  of  Brigadier  General  Beauregard,  Com 
manding  the  Provisional  Forces  of  the  Confederate  States, 
we  have  the  honor  to  notify  you  that  he  will  open  tlie  fii* 
of  his  batteries  on  i>ort  Sumter  in  one  hour  from  this 
time. 

We  have  the  honor  to  be,  very  respectfully,  your  obedient 
servants,  JAMES  CHESXUT,  Jr., 

Aid-d&-Camp. 
STEPHEN  D.   LEE, 
Captain  S.  C.  Army  and  Aid-d«-Camp. 


114 


ADMINISTRATION    OP    ABRAHAM    LINCOLN. 


CHARLESTON,  April  12,  1861. 
To  Hon.  L.  P.  WALKER  : 

He  would  not  consent.    I  write  to-day. 

G.  T.  BEAUREGARD. 


CHARLESTON,  April  12, 1861. 
G.  T.  BEAUREGARD. 


To  Hon.  L.  P.  WALKER  : 

We  opened  fire  at  4.30 

NOTE.— Intercepted  despatches  disclose  the  fact  that  Mr. 
Fox,  who  had  been  allowed  to  visit  Major  Anderson  on  the 
pledge  that  his  purpose  was  pacific,  employed  bis  oppor 
tunity  to  devise  a  plan  for  supplying  the  fort  by  force,  and 
that  this  plan  had  been  adopted  by  the  Washington  Gov 
ernment,  and  was  in  process  of  execution. 

REPORT  OF   MAJOR  ANDERSON   TO  THE  SECRETARY  OF  WAR. 

STEAMSHIP  BALTIC,  OFF  SANDY  HOOK, 
April  18,  1861, 10.30  A.  M.,  via  New  York. 
Having  defended  Fort  Sumter  for  thirty-four  hours,  until 
the  quarters  were  entirely  burnt,  tho  main  gates  destroyed 
by  fire,  the  gorge  walls  seriously  injured,  the  magazine 
surrounded  by  flames,  and  its  door  closed  from  the  effects 
of  heat;  four  barrels  and  three  cartridges  of  powder  only 
being  available,  and  no  provisions  remaining  but  pork,  I 
accepted  terms  of  evacuation  offered  by  (General  Beaure- 
gard— being  the  same  offered  by  him  on  the  llth  instant, 
prior  to  the  commencement  of  hostilities — and  marched  out 
of  the  Fort  on  Sunday  afternoon,  the  14th  instant,  with 
colors  flying  and  drums  beating,  bringing  away  company 
and  private  property,  and  saluting  my  flag  with  fifty  guns. 

ROBERT  ANDERSON, 
Major  1st  Artillery,  commanding. 
Hon.  SIMON  CAMERON, 

Secretary  of  War,  Washington. 

After  the  surrender,  and  while  the  tidings 
were  received  throughout  the  South  with  joy, 
Davis  and  his  associates  were  serenaded,  salvos 
of  artillery  were  fired,  and  the  whole  popula 
tion  seemed  to  be  in  an  exstacy  of  triumph. 
The  rebel  Secretary  of  War,  L.  Pope  Walker, 
defiantly  said  : 

*'  No  man  can  foretell  the  events  of  the  war  inaugurated ; 
but  I  will  venture  to  predict  that  the  flag  which  now  floats 
on  the  breeze"  (that  was  his  miserable  secession  flag) 
"  will,  before  the  first  of  May,  float  over  the  dome  of  the 
old  Capitol  at  Washington,  and  if  they  choose  to  try  South 
ern  chivalry,  and  test  the  extent  of  Southern  resources, 
will  eventually  float  over  Faneuil  Hall,  in  Boston. 

The  idea  spread  throughout  the  South,  and 
such  paragraphs  as  these  abounded  : 

[From  the  Richmond  Enquirer,  April  13, 1861.] 

"ATTENTION,  VOLUNTEERS !— Nothing  is  more  probable 
than  that  President  Davis  will  soon  march  an  army  through 
North  Carolina  and  Virginia  to  Washington.  Those  of  our 
volunteers  who  decide  to  join  the  Southern  Army  as  it 
shall  pass  through  our  borders,  had  better  organize  at  once 
for  that  purpose,  and  keep  their  arms,  accoutrements,  uni 
forms,  ammunition,  and  knapsacks  in  constant  readiness," 
[From  the  New  Orleans  Picayune,  April  18.] 

"The  first  fruits  of  a  Virginia  secession  will  be  the  re 
moval  of  Lincoln  and  his  cabinet,  and  whatever  he  can 
carry  away,  to  the  safer  neighborhood  of  llarrisburg  or 
Cincinnati — perhaps  to  Buffalo  or  Cleveland." 

[From  the  Richmond  Examiner,  April  28.] 

"  There  never  was  half  the  unanimity  among  the  people 
before,  nor  a  tithe  of  the  zeal  upon  any  subject,  that  is  now 
mani iestcd  to  take  Washington.  From  the  mountain  tops 
and  valleys  to  tho  shores  of  the  sea,  there  is  one  wild  shoui 
of  fierce  resolve  to  capture  Washington  city  at  all  and 
every  human  hazard." 

THE  ''WAR  POWER  CALLED  OUT." 

April  15,  1861.  The  PRESIDENT  issued  his 
proclamation  for  seventy-five  thousand  troops 
as  follows  : 

"  Whereas  the  laws  of  the  United  States  have  been  fo 
some  time  past,  and  .now  are  opposed,  and  tho  execution 
thereof  obstructed,  in  the  States  of  South  Carolina,  Georgia, 
Alabama,  Florida,  Mississippi,  Louisiana,  and  Texas,  by  com 
binations  too  powerful  to  be  suppressed  by  the  ordinary 
course  of  judicial  proceedings,  or  by  the  powers  vested  in 
the  marshals  by  law;  now,  therefore,  I,  ABRAHAM  LINCOLN, 
President  of  the  United  States,  in  virtue  of  the  power  in  me 
rested  by  the  Constitution  and  the  laws,  have  thoughl  lit 
to  call  forth,  and  hereby  do  call  forth,  the  militia  of  the 


several  States  of  the  Union  to  the  aggregate  number  of 
75,000,  in  order  to  suppress  said  combinations,  and  to  causa 
th(>  laws  to  be  duly  executed. 

"Tho  details  for  this  object  will  be  immediately  com 
municated  to  the  State  authorities  through  the  Wai  Depart 
ment.  I  appeal  to  all  loyal  citizens  to  favor,  facilitate,  and 
aid  this  effort  to  maintain  the  honor,  the  integrity,  and  ex 
istence  of  our  national  Union,  and  the  perpetuity  of  popular 
government,  arid  to  redress  wrongs  /ilready  long  enough 
endured.  I  deem  it  proper  to  say  that  tho  first  service  as 
signed  to  the  forces  hereby  called  forth,  will  probably  be  to 
-ss  the  forts,  places,  and  property  which  have  been 
eized  from  the  Union ;  and  in  every  event  tho  utmost  care 
ill  be  observed,  consistently  with  the  objects  aforesaid,  to 
void  any  devastation,  any  destruction  of,  or  interference 
nth  property,  or  any  disturbance  of  peaceful  citizens  of 
ny  part  of  the  country;  and  I  hereby  command  the  per- 
ons  composing  tho  combinations  aforesaid,  to  disperse  and 
etire  peaceably  to  their  respective  abodes,  within  twenty 
ays  from  this  date. 

"Deeming  that  the  present  condition  of  public  affairs  pre- 
ents  an  extraordinary  occasion,  I  do  hereby,  in  virtue  of 
ho  power  in  me  vested  by  tho  Constitution,  convene  both 
louses  of  Congress.  The  Senators  and  Representatives  are, 
herefore,  summoned  to  assemble  at  their  respective  chaui- 
icrs  at  twelve  o'clock,  noon,  on  Thursday,  the  4th  day  of 
uly  next,  then  and  there  to  consider  and  determine  such 
neasures  as,  in  their  wisdom,  the  public  safety  and  interest 
nay  seem  to  demand. 

"  In  witness  whereof  I  have  hereunto  set  my  hand,  and 
aused  the  seal  of  the  United  States  to  be  affixed. 
•  Done  at  the  city  of  Washington,  this  fifteenth  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  and  of  the  independence  of  the  United  States 
the  eighty-fifth. 

"  By  tho  President :  "ABRAHAM  LINCOLN. 

"WILLIAM  H.  SEWARD,  Secretary  of  State." 
The  Governors  of  all  the  northern  States  re 
sponded  with  alacrity. 

Governor  BURTON,  of  Delaware,  issued  a  proc- 
amation,  April  26,  recommending  the  forma- 
ion  of  volunteer  companies  for  the  protection 
of  the  lives  and  property  of  the  people  of  Dela 
ware  against  violence  of  any  sort  to  which  they 
may  be  exposed,  the  companies  not  being  sub- 
ect  to  be  ordered  by  the  Executive  into  the 
United  States  service,  the  law  not  vesting  him 
with  such  authority,  but  having  the  option  of 
ffering  their  services  to  the  General  Govern 
ment  for  the  defence  of  its  capital  and  the  sup 
port  of  the  Constitution  and  laws  of  the  coun 
try. 

'Governor  HICKS,  of  Maryland,  May  14,  issued 
a  proclamation  for  the  troops,  stating  that  the 
four  regiments  would  be  detailed  to  serve  within 
the  limits  of  Maryland  or  for  the  defence  of  the 
capital  of  the  United  States. 

Governor  LETCHER,  of  Virginia,  replied  that 
"The  militia  of  Virginia  will  not  be  furnished  to  the 
powers  at  Washington  for  any  such  use  or  purpose  as  they 
have  in  view.  Your  object  is  to  subjugate  the  southern 
States,  and  a  requisition  made  upon  me  for  such  an  object 
— an  object,  in  my  judgment,  not  within  the  purview  of  the 
Constitution  or  the  act  of  17D5— will  not  be  complied  with. 
You  have  chosen  to  inaugurate  civil  war,  and  having  done 
so  we  will  meet  it  in  a  spirit  as  determined  as  the  Admin 
istration  has  exhibited  toward  the  South." 

Governor  ELLIS,  of  North  Carolina,  repliedi 
April  15: 

"  Your  dispatch  is  received,  and,  if  genuine— which  ita 
extraordinary  character  leads  me  to  doubt — I  have  to  say 
in  reply  that' I  regard  the  levy  of  troops  made  by  the  Ad 
ministration,  for  the  purpose  of  subjugating  the  States  of 
the  South,  as  in  violation  of  the  Constitution  and  a  usurpa 
tion  of  power.  I  can  be  no  party  to  this  wicked  violation 
of  the  laws  of  the  country,  and  to  this  war  upon  the  liber 
ties  of  a  free  people.  You  can  get  no  troops  from  Nortlj 
Carolina.  I  will  reply  more  in  detail  when  your  call  is  re 
ceived  by  mail." 

Governor    MAGOFFIN,    of   Kentucky,  replied, 

April  15  : 

"  Your  dispatch  is  received.  In  answer  I  say  emphatic 
ally,  Kentucky  will  furnish  no  troops  for  the  wicked  pur 
pose  of  subduing  her  sister  Southern  States." 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


115 


Governor  HARRIS,  of  Tennessee,  replied,  Apri 
18: 

"  Tennessee  will  not  furnish  a  single  man  for  coercion 
but  lifty  thousand,  if  necessary,  for  the  defence  of  our  right 
or  those  of  our  southern  brethren." 

Governor  JACKSON,  of  Missouri,  replied  : 

"Your  requisition  is  illegal,  xmconstitutional,  revolution 
ary,  inhuman,  diabolical,  and  cannot  bo  complied  with." 

Governor  RECTOR,  of  Arkansas,  replied,  Apri 
22: 

"None  will  be  furnished.  The  demand  is  only  adding 
insult  to  injury." 

May  3,  1861— The  President  called  for  thirty- 
nine  volunteer  regiments  of  infantry  and  oue 
regiment  of  cavalry,  with  a  minimum  aggregate 
of  34,506  officers  and  enlisted  men,  and  a  max 
imum  of  42,034 ;  and  for  the  enlistment  ol 
18,000  seamen. 

May  3,  1861 — The  President  directed  an  in 
crease  of  the  regular  army  by  eight  regiments 
of  infantry,  one  of  cavalry,  and  one  of  artil 
lery — minimum  aggregate,  18,054;  maximum, 
22,714. 

August  6 — Congress  legalized  this  increase, 
and  all  the  acts,  orders,  and  proclamations  re 
specting  the  Army  and  Navy. 

July  22  and  25,  1861 — Congress  authorized 
the  enlistment  of  500,000  volunteers. 

September  17,  1861 — Commanding  officer  at 
Hatteras  Inlet,  N.  C.,  authorized  to  enlist  a 
regiment  of  loyal  North  Carolinians. 

November  7,  1861 — The  Governor  of  Missouri 
was  authorized  to  raise  a  force  of  State  militia 
for  State  defence. 

December  3,  1861 — The  Secretary  of  War  di 
rected  that  no  more  regiments,  batteries,  or 
independent  companies  be  raised  by  the  Gov 
ernors  of  States,  except  upon  the  special  requi 
sition  of  the  War  Department. 

July  2,  1862— The  President  called  for  three 
hundred  thousand  volunteers. 

Under  the  act  of  July  17,  1862, 

August  4,  1862 — The  President  ordered  a 
draft  of  three  hundred  thousand  militia,  for 
nine  months  unless  sooner  discharged ;  and  di 
rected  that  if  any  State  shall  not,  by  the  15th 
of  August,  furnish  its  quota  of  the  additional 
300,000  authorized  by  law,  the  deficiency  of 
volunteers  in  that  State  will  also  be  made  up 
by  special  draft  from  the  militia.  Wednesday, 
September  3,  was  subsequently  fixed  for  the 
draft. 

May  8,  1863 — Proclamation  issued,  defining 
the  relations  of  aliens  to  the  conscription  act, 
holding  all  aliens  who  have  declared  on  oath 
their  intention  to  become  citizens  and  may  be 
in  the  country  within  sixty-five  days  from  date, 
and  all  who  have  declared  their  intention  to 
btcome  citizens  and  have  voted. 

June  15,  1863 — One  hundred  thousand  men, 
for  six  months,  called  to  repel  the  invasion  of 
Maryland,  West  Virginia,  Ohio,  and  Pennsyl 
vania. 

October  17,  1863 — A  proclamation  was  issued 
for  300,000  volunteers,  to  serve  for  three  years 
or  the  war,  not,  however,  exceeding  three 
years,  to  fill  the  places  of  those  whose  terms 
expire  "during  the  coming  year,"  these  being 
in  addition  to  the  men  raised  by  the  present 
draft.  In  States  in  default  under  this  call, 


January  5,  1864,  a  draft  shall  be  made  on  that 
day. 

February  1,  1864 — Draft  for  500,000  men  for 
three  years  or  during  the  war,  ordered  for 
March  10,  1864. 

March  14,  1864— Draft  for  200,000  additional 
for  the  army,  navy  and  marine  corps,  ordered 
for  April  12,  18G4,  to  supply  the  force  required 
for  the  navy  and  to  provide  an  adequate  reserve 
force  for  all  contingencies. 

April  23,  18G4 — 85,000  one  hundred  day  men 
accepted,  tendered  by  the  Governors  of  Ohio, 
Indiana,  Illinois,  Iowa,  and  Wisconsin;  30,000, 
20,000,  20,000,  10,000,  and  5,000  being  tendered 
respectively,  (see  page  270.^ 

Our  Military  Legislation. 

1861,  July  22— The  President  was  authorized 
to  accept  the  services  of  volunteers,  not  ex 
ceeding  five  hundred  thousand,  for  a  period  not 
exceeding  three  years.  July  27,  this  authority 
was  duplicated. 

1861,  July  27 — Nine  regiments  of  infantry, 
one  of  cavalry,  and  one  of  artillery,  added  to 
the  regular  army. 

August  5 — Passed  bill  approving  and  legaliz 
ing  the  orders  of  the  President  respecting  the 
army  and  navy,  issued  from  4th  of  March  to 
that  date. 

1862,  July    17 — Authorized   the   President, 
when  calling  forth  the  militia  of  the  States,  to 
specify  the  period  of  such  service,  not  exceed 
ing  nine  months  ;  and  if  by  reason  of  defects 
in  existing  laws  or  in  the  execution  of  them,  it 
shall  be  found  necessary  to  provide  for  enrol 
ing  the  militia,  the  President  was  authorized 
to  make  all  necessary  regulations,  the  enrol 
ment  to  include  all  able  bodied  male  citizens 
between  eighteen  and  forty-five,  and  to  be  ap 
portioned  according  to  representative  popula 
tion.     He  was  authorized,  in  addition  to  the 
volunteers  now  authorized,  to  accept  100,000 
infantry,   for   nine  months ;    also,    for  twelve 
months,  to  fill  up  old  regiments,  as  many  as 
may  be  presented  for  the  purpose. 

1803,  February  7 — Authorized  the  Governor 
of  Kentucky,  by  the  consent  and  under  the 
direction  of  the  President,  to  raise  twenty- 
thousand  volunteers,  for  twelve  months,  for 
service  within  the  limits  of  the  State,  for  re 
pelling  invasion,  suppressing  insurrection,  and 
guarding  and  protecting  the  public  property — 
wo  regiments  to  be  mounted  riflemen.  With 
;he  consent  of  the  President,  these  troops  may 
be  attached  to,  and  become  a  part  of,  the  body 
of  three  years'  volunteers. 

1863,  March  3 — The    enrollment  act  passed. 
[t  included  as  part  of  the  national  forces,  all 
able  bodied  male  citizens  of  the  United  States, 
and  persons  of  foreign  birth  who   shall  have 
declared  on  oath   their   intention  to  become 
citizens   under  and  in  pursuance  of  the  laws 
-hereof,   between  the  ages  of  twenty-one  and 
"orty-five  years,  except  such  as  are  rejected  as 
physically  or  mentally  unfit  for  the  service  ; 
also,  the   Vice    President,   the  judges  of   the 
,-arious  courts  of  the  United  States,  the  heads 
of  the  various   executive  departments  of  the 

iovernment,  and  the  Governors  of  the  several 
States;  also,  the  only  son  liable  to  military 
"ervice,  of  a  widow  dependent  upou  his  labor 


116 


ADMINISTRATION    OP    ABRAHAM    LINCOLN. 


for  support ;  also,  the  only  son  of  aged  or  in 
firm  parent  or  parents,  dependent  upon  bis 
labor  for  support ;  also,  where  there  are  two  or 
more  sons  of  aged  or  infirm  parents,  subject 
to  draft,  the  father,  or  if  he  i  e  dead,  the  mother, 
may  elect  which  son  shall  be  exempt;  also,  the 
only  brother  of  children  not  twelve  years  old, 
having1  neither  father  nor  mother,  dependent 
upon  his  labor  for  support ;  also,  the  father  of 
motherless  children  under  twelve  years  of  age, 
dependent  upon  his  labor  for  support ;  also, 
where  there  are  a  father  and  sons  in  the  same 
family  and  household,  and  two  of  them  are  in 
the  military  service  of  the  United  States  as  non 
commissioned  officers,  musicians,  or  privates, 
the  residue  of  such  family  ;  provided  that  no 
person  who  has  been  convicted  of  any  felony 
shall  be  enrolled  or  permitted  to  serve  in  said 
forces.  It  divid.'d  the  forces  into  two  classes: 
1st,  those  between  twenty  and  thirty-five  and 
all  unmarried  persons  above  thirty-live  and 
under  forty-five  ;  2d,  all  others  liable  to  mili 
tary  duty.  It  divided  the  country  into  districts, 
in  each  of  which  an  enrolment  board  was 
established.  The  persons  enrolled  were  made 
subject  to  be  called  into  the  military  service  for 
two  years  from  July  1,  1863,  and  to  continue  in 
service  for  three  years.  A  drafted  person  was 
allowed  to  furnish  an  acceptable  substitute,  or 
pay  $300,  and  be  discharged  from  further 
liability  under  that  draft.  Persons  failing  to 
report,  to  be  considered  deserters.  All  persons 
drafted  shall  be  assigned  by  the  President  to 
military  duty  in  such  corps,  regiments,  or 
branches  of  the  service  as  the  exigencies  of 
the  service  may  require. 

1864,  Feb.  24 — Provided  for  equalizing  the 
draft  by  calculating  the  quota  of  each  district 
or  precinct  and  counting  the  number  previously 
furnished  by  it.  Any  person  enrolled  may  fur 
nish  an  acceptable  substitute  who  is  not  liable 
to  draft,  nor,  at  the  time,  in  the  military  or 
naval  service  of  the  United  States ;  and  such 
person  so  furnishing  a  substitute  shall  be  ex 
empt  from  draft  during  the  time  for  which  such 
substitute  shall  not  be  liable  to  draft,  not  ex 
ceeding  the  time  for  which  such  substitute 
shall  have  been  accepted.  If  such  substitute 
is  liable  to  draft,  the  name  of  the  person  fur 
nishing  him  shall  again  be  placed  on  the  roll 
and  shall  be  liable  to  draft  in  future  calls,  but 
not  until  the  present  enrollment  shall  be  ex 
hausted.  The  exemptions  are  limited  to  such 
as  are  rejected  as  physically  or  mentally  unfit 
for  the  service;  to  persons  actually  in  the  mil 
itary  or  naval  service  of  the  Government,  and 
all  persons  who  have  served  in  the  military 
or  na<  al  service  two  years  during  the  present 
war  and  been  honorably  discharged  therefrom. 

The  separate  enrolment  of  classes  is  repealed 
and  the  two  classes  consolidated. 

Members  of  religious  denominations,  who 
shall  by  oath  or  affirmation  declare  that  they 
are  conscientious!/  opposed  to  the  bearing  of 
arms,  and  who  are  prohibited  from  doing  so  by 
the  rules  and  articles  of  faith  and  practice  of 
Raid  religious  denomination,  shall  when  drafted, 
be  considered  non-combatants,  and  be  assigned 
to  duty  in  the  hospitals,  or  the  care  of  freed- 
men,  or  shall  pay  $300  to  the  benefit  of  sick 


and  wounded  soldiers,  if  they  give  proof  that 
their  deportment  has  been  uniformly  consis 
tent  with  their  declaration. 

No  alien  who  has  voted  in  county,  State,  or 
Territory  shall,  because  of  alienage,  be  exempt 
from  draft. 

"All  able-bodied  male  colored  persons  between  the  age* 
of  twenty  and  forty-live  yeans,  resident  in  the  United  States, 
shall  be  enrolled  according  to  the  provisions  of  this  act,  and 
of  the  act  to  which  this  is  an  amendment,  and  form  part  ot 
the  national  forces ;  and  when  a  slave  of  a  loyal  master 
shall  bo  drafted  and  mustered  into  the  service  of  the  United 
States,  his  master  shall  have  a  certificate  thereof;  and 
thereupon  such  slave  shall  be  free,  and  the  bounty  of  one 
hundred  dollars,  now  payable  by  law  for  each  drafted  man, 
shall  be  paid  to  the  person  to  whom  such  drafted  person 
was  owing  service  or  labor  at  the  time  of  his  muster  into 
the  service  of  tho  United  States.  The  Secretary  of  War 
shall  appoint  a  commission  in  each  of  the  slave  States  rep 
resented  in  Congress,  charged  to  award  to  each  loyal  per 
son  to  whom  a  colored  volunteer  may  owe  service  a  just 
compensation,  not  exceeding  three  hundred  dollars,  for 
each  such  colored  volunteer,  payable  out  of  the  fund  de 
rived  from  commutations,  and  every  sucli  colored  volunteer 
on  being  mustered  into  the  service  shall  bo  free.  And  in 
all  cases  where  men  of  color  have  been  heretofore  enlisted, 
or  have  volunteered  in  the  military  service  of  the  United 
States,  all  the  provisions  of  this  act  so  far  as  the  payment 
of  bounty  and  compensation  are  provided,  shall  be  equally 
applicable,  as  to  those  who  may  bo  hereafter  recruited. 
Cut  men  of  color,  dratted  or  enlisted,  or  who  may  volun 
teer  into  the  military  service,  while  they  ehall  bo  credited 
on  tho  quotas  of  the  several  States,  or  sub-divisions  of 
States,  wherein  they  are  respectively  drafted,  enlisted,  or 
shall  volunteer,  shall  not  be  assigned  as  State  troops,  but 
shall  be  mastered  into  regiments  or  companies  as  United 
States  colored  troops." 

18G4,  Feb.  29 — Bill  passed  reviving  the 
grade  of  Lieutenant  General  in  the  army,  and 
Major  General  Ulysses  S.  Grant  was  appointed 
March  2d. 

1864,  ..une  15 — All  persons  of  color  shall 
receive  the  same  pay  and  emoluments,  except 
bounty,  as  other  soldiers  of  the  regular  or 
volunteer  army  from  and  after  Jan.  1,  1864, 
the  President  to  fix  the  bounty  for  those  here 
after  mustered,  not  exceeding  $100. 

1864,  June  20 — The  monthly  pay  of  privates 
and  non-commissioned  officers  was  fixed  as  fol 
lows,  on  and  after  May  1  : 

"Sergeant  majors,  twenty-six  dollars;  quartermaster  and 
commissary  sergeants  of  Cavalry,  artillery,  and  infantry, 
twenty-two  dollars ;  lirst  sergeants  of  cavalry,  artillery,  and 
infantry,  twenty-four  dollars;  sergeants  of  cavalry,  artil 
lery,  and  infantry,  twenty  dollars;  sergeants  of  ordnance, 
sappers  and  miners,  and  pontoniers,  thirty-four  dollars; 
corporals  of  ordnance,  sappers  and  miners,  and  pontoniers, 
twenty  dollars;  privates  of  engineers  and  ordnance  of  tho 
first  class,  eighteen  dollars,  and  of  the  second  class,  sixteen 
dollars;  corporals  of  cavalry,  artillery,  and  infantry, 
eighteen  dollars;  chief  buglers  of  cavalry,  twenty-three 
dollars;  buglers,  sixteen  dollars;  toilers  and  blacksmith! 
of  cavalry,  and  artificers  of  artillery,  eighteen  dollars;  pri 
vates  of  cavalry,  artillery,  and  infantry,  sixteen  dollars; 
principal  musicians  of  artillery  and  infantry,  twenty-two 
dollars;  leaders  of  brigade  and  regimental  bands,  seventy- 
five  dollars;  musicians,  sixteen  dollars;  hospital  stewards 
of  the  first  class,  thirty-three  dollars;  hospital  stewards 
of  the  second  class,  twenty-five  dollars;  hospital  stewards 
of  the  third  class,  twenty-three  dollars." 

July  4 — This  bill  became  a  law : 

Be  it  enacted,  d-c.  That  the  President  of  the  United  States 
may,  at  his  discretion,  at  any  time  hereafter  call  for  any 
number  of  men  as  volunteers  for  the  respective  terms  ot 
one,  two,  and  three  years  for  military  service;  and  any 
such  volunteer,  or,  in'case  of  draft,  as  hereinafter  provH.-d, 
any  substitute,  shall  be  credited  to  tho  town,  township, 
ward  of  a  city,  precinct,  or  election  district,  or  of  a  county 
not  so  subdivided  towards  the  quota  of  which  he  may  1-avo 
volunteered  or  engaged  as  a  substitute;  and  every  volun 
teer  who  is  accepted  and  mustered  into  the  service  for  a 
term  of  ono  year,  unless  sooner  discharged,  shall  receive, 
and  be  paid  by  the  United  States,  a  bounty  of  one  hundred 
dollars;  and  if  for  a  term  of  two  years,  unless  sooner  dis 
charged,  a  bounty  of  two  hundred  dollars;  and  if  for  a. 
term  of  three  years,  unless  sooner  discharged,  a  bounty  of 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


117 


three  hundred  dollars ;  one  third  of  which  bounty  shall  be 
paid  to  the  soldier  at  the  time  of  his  being  mustered  into 
the  service,  one-third  at  the  expiration  of  one-half  of  his 
term  of  service,  and  one-third  at  the  expiration  of  his  term 
of  service.  And  in  case  of  his  death  while  in  service,  thi 
residue  of  his  bounty  unpaid  shall  be  paid  to  his  widow,  i 
he  shall  have  left  a  widow ;  if  not,  to  his  children ;  or  if 
there  be  none,  to  his  mother,  if  she  be  a  widow. 

SEC.  2.  That  in  case  the  quota,  or  any  part  thereof,  of  any 
town,  township,  ward  of  a  city,  precinct,  or  election  dis 
trict,  or  of  any  county  not  so  subdivided,  shall  not  be  filled 
within  the  space  of  fifty  days  after  such  call,  then  the 
President  shall  immediately  order  a  draft  for  one  year  to 
fil!  such  quota, or  any  part  thereof,  which  may  be  unfilled; 
and  in  case  of  any  such  draft  no  payment  of  money  shall 
be  accepted  or  received  by  the  Government  as  commutation 
to  release  any  enrolled  or  drafted  man  from  personal  obli 
gation  to  perform  military  service. 

S::c.  3.  That  it  shall  bo  lawful  for  the  executive  of  any 
of  the  States  to  send  recruiting  agents  into  any  of  the 
States  declared  to  be  in  rebellion,  except  the  States  of  Ar 
kansas,  Tennessee,  and  Louisiana,  to  recruit  volunteers 
under  any  call  under  the  provisions  of  this  act,  who  shall 
be  credited  to  the  State,  and  to  the  respective  subdivisions 
thereof,  which  may  procure  the  enlistment. 

S£C.  4.  That  drafted  men,  substitutes,  and  volunteers, 
when  mustered  in,  shall  be  organized  iuto,  or  assigned  to' 
regiment*,  batteries,  or  other  organizations  of  their  own 
States,  and,  as  far  as  j  racticable,  shall,  when  assigned,  be 
permitted  to  select  their  own  regiments,  batteries,  or  other 
organizations  from  among  those  oi  their  respective  States 
which  at  the  time  of  assignment  may  not  be  filled  to  their 
maximum  number. 

SEC.  5.  That  the  twentieth  section  of  tho  act  entitled  ' 
act  to  amend  an  act  entitled  'Au  act  for  enrolling  and  calling 
out  \he  national  forces,  and  for  other  purposes'5  "  approved 
February  twenty-lour,  eighteen  hundred  and  sixty-four 
shall  be  construed  to  mean  that  the  Secretary  of  War  shall 
<lischarue  minors  under  tho  age  of  eighteen  years  under  the 
circumt-tances  and  on  the  conditions  prescribed  in  said  sec 
tion  ;  and  hereafter,  if  any  officer  of  the  United  States 
shall  en  ist  or  muster  into  the  military  service  any  person 
under  the  age  of  sixteen  years,  with  or  without'the  con 
sent  <>t  his  parent  or  guardian,  such  person  so  enlisted  or 
recruited  shall  be  immediately  discharged  upon  repay 
ment  <.f  all  bounties  received;  and  such  recruiting  or  mus- 
tenng  officer  who  shall  knowingly  enlist  any  person  under 
eixtee:  i  years  of  ago  shall  be  dismissed  the  service,  with 
forfeiture  of  all  pay  and  allowances,  and  shall  be  subject 
>  such  further  punishment  as  a  court-martial  may  di- 

SEC.  6.  That  section  three  of  an  act  entitled  "An  act  to 
amend  an  act  entitled  -An  act  for  enrolling  and  culling  ou 


ueu-An  act  tor  enrolling  and  culling  out 

the  national   forces,  and  for  other  purposes,'"   approved 

February  twenty-fan/,  eighteen  hundred  and  sixty-four,  be 

I  tho  same  is  hereby,  amended,  so  as  to  authorize  and 

direct  district  provost  marshals,  under  the  direction  of  the 

rovust  Marshal  General,  to  make  a  draft  for  one  hundred 

per  centum  m  addition  to  the  number  required  to  fill  the 

quota  of  any  district  as  provided  by  said  .section. 

SEC.  7.  That  instead  of  travelling  pay,  all  drafted  persons 
reporting  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  from  their  places  of  residence  ;  and  persons  dis 
charged  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  to  their  places  of  residence. 

SEC.  8._  That  all  persons  in  the  i-aval  service  of  the  United 


States  who  hav 
bellion, 


::n'd  service  and 


)  have  entered  said  service  during  the  prese 
no  have  not  been  credited  to  the  quota  o 


nt  re- 
f  any 


Slate,  by  reason  of  their  being  i_ 
>t  enrolled  prior  to  February  twenty- 
lour,  eighteen   hundred  and  sixty-four,  shall  be  enrolled 
a«,d  credited  to  the  quotas  of  the  town,  w.rd,  district,  or 
'  !'.\,     1Ch         -y  re8Pectively  reside,  upon  satisfactory 
proof  of  their  residence  made  to  tho  Secretary  of  War. 

fei  .  ihat,if  any  person  duly  drafted  shall  bo  absent 
from  home  in  prevention  of  his  usual  business,  the  provost 
marshal  of  the  district  shall  cause  him  to  be  duly  notified 
is  soon  us  he  may  be,  and  ho  shall  not  bo  deemed  a  deserter 
nor  liable  us  such,  until  notice  has  been  given  him  and 

^rr^S.r  fTC(1,f°r  hV"  1°  retUrn  aiT<1  reP'"rt  to  «S 
>i  nis  district;  but  such  absence  shall  not 
bility  under  this  act. 

lat  nothing  contained  in  this  act,  shall  be  con- 
r  in  any  way  affect  tho  provisions  of  the 
if  an  act  approved  February  twenty- 


t« 

seven  Jo,t 


fnnrtli   «J    i  »          --—.-„          „  nyiuwTou  fouiutujr  iweuij- 
rth, eighteen  hundred  and  sixty-four,  entitled  "  An  act 
to  amend  .-.,,  act  ei.utU-d  •  An  act   for  enrolling  and  calling 

M hrrh  V'UVODa[lorCes' IUKlf  r  t)ther  Purposes/"  approved 
M.uch  third  eighteen  hundred  and  sixty-three, 
struct,  «u        U°*h!n8  contained  to  this  act  shall  be  con 
strued  to  alter  or  change  the  provisions  of  existing  laws  rela- 

furnish  tSSStSS?  I>erS°"B  Hable  t0  militar>'   8ervice  to 


"Confederate"  Military  Legislation. 

February  28,  1861,  (four  days  before  the  in 
auguration  of  Mr  Lincoln) — The  "Confede 
rate"  Congress  passed  a  bill  providing — 

1st.  To  enable  the  Government  of  the  Con 
federate  States  to  maintain  its  jurisdiction  over 
all  questions  of  peace  and  war,  and  to  provide 
for  the  public  defence,  the  President  be,  and  he 
is  hereby  authorized  and  Erected  to  assume 
control  of  all  military  operations  in  every  State, 
having  reference  to  a  connection  with  questions 
between  the  said  States,  or  any  of  them,  and 
Powers  foreign  to  them. 

2d.  The  President  was  authorized  to  receive 
from  the  several  States  the  arms  and  munitions 
of  war  which  have  been  acquired  from  the  Uni 
ted  States. 

3d.  He  was  authorized  to  receive  into  Gov 
ernment  service  such  forces  in  the  service  of 
the  States,  as  may  be  tendered,  in  such  num 
ber  as  he  may  require,  for  any  time  not  less 
than  twelve  months,  unless  sooner  discharged. 

March  6,  1861 — The  President  was  authorized 
to  employ  the  militia,  military  and  naval  forces 
of  the  Confederate  States  to  repel  invasion, 
maintain  rightful  possession  of  the  territory, 
and  secure  the  public  tranquillity  and  independ 
ence  against  threatened  assault,  to  the  extent 
of  100.000  men,  to  serve  for  twelve  months. 

May  4,  1861 — One  regiment  of  Zouaves  au 
thorized, 

May  6,  1861 — Letters  of  marque  and  reprisal 
authorized. 

1861,  August    8 — The    Congress   authorized 
the  President  to   accept  the  services  of  400,000 
volunteer^,  to  serve  for  not  less   than     twelve 
months  nor  more  than  three  years   after  they 
shall  be  mustered   into   service,   unless  sooner 
discharged. 

The  Richmond  Enquirer  of  that  date  an 
nounced  that  it  was  ascertained  from  official 
iata,  before  the  passage  of  the  bill,  that  there 
were  not  less  than  210,000  men  then  in  the 
ield. 

August  21 — Volunteers  authorized  for  local 
defence  and  special  service. 

1862,  January — Publishers  of  newspapers,  or 
other  printed  matter,  are  prohibited  from  giv 
ing  the  number,  disposition,  movement,  or  des 
tination  of  the  land  or  naval  forces,  or  descrip 
tion  of  vessel,  or  battery,  fortification,  engine 
of  war,  or  signal,  unless  first  authorized  by  the 
President  or  Congress,  or  the  Secretary  of  War 
or  Navy,  or  commanding  officer  of  post,  district, 
or  expedition.     The  penalty  is  a  fine  of  $1,000 
and  imprisonment  not  over  twelve  months. 

1862,  February — The  Committee  on  Naval 
Affairs  were  instructed  to  inquire  into  the  ex 
pediency  of  placing  at  the  disposal  of  the  Pres 
ident,  five  millions  of  dollars  to  build  gunboats. 

1862 — Bill  passed  to  "regulate  the  destruc 
tion  of  property  under  military  necessity," 
referring  particularly  to  cotton  arid  tobacco. 
The  authorities  are  authorized  to  destroy  it  to 
keep  it  from  the  enemy;  and  owners,  destroy 
ing  it  for  the  same  purpose,  are  to  be  indemni 
fied  upon  proof  of  the  value  and  the  circum 
stances  of  the  destruction. 

1862,    April    16  — The  first    "conscription" 


118 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


bill  became  a  law.      The  Richmond  Enquirer,  of 
April  23,  gives  this  abstract  of  it  : 

To  the  law  of  Congress,  as  published,  there  were  sub 
sequently  passed  several  amendments  or  auxiliary  laws. 
We  present  the  following  synopsis  of  the  law  as  thus 
modified : 

The  conscription  law  places  in  the  service  of  the  Confed 
erate  States,  for  three  years,  unless  the  war  sooner  ends,  all 
wit  He  men  between  eighteen  and  thirty-Jive  years  of  age, 
resident  in  tlie  Confederate  States,  and  not  legally  exempt 
from  service. 

The  law  is  silent  as  to  exemptions ;  but  an  act  defining 
the  class  of  exempts  has  since  been  passed,  which  embraces 
generally  those  hitherto  exempt,  with  some  additions. 

All  twelve  months'  men  between  the  prescribed  ages,  are 
continued  in  service  for  two  years  from  the  expiration  of 
their  present  term,  sliould  the  war  continue  so  long  ;  and  all 
those  under  eighteen  and  over  thirty-five,  are  to  be  retained 
for  ninety  days  after  their  term  expires,  unless  their  places 
are  sooner  supplied  by  recruits. 

The  twelve  months'  men  between  eighteen  and  thirty- 
five,  who  are  retained  beyond  their  term  of  enlistment,  and 
who  have  not  yet  received  bounty  and  furlough,  shall  re 
ceive  both;  the  furloughs,  however,  to  be  granted  in  such 
numbers  and  at  such  times  as  the  Secretary  of  War  may 
deem  most  compatible  with  the  public  interest ;  and  the 
men  may  receive  in  lieu  of  furlough,  the  commutation 
value  in  money  of  the  transportation  granted  to  furloughed 
men  by  the  act. 

The  term  of  service  of  those  who  originally  enlisted  for 
the  war,  or  who  have  since  re-enlisted  for  that  period,  is  not 
affected  by  the  law. 

Men  now  in  service  are  not  permitted  to  re-enlist  in 
other  organizations  than  those  to  which  they  now  belong ; 
and  all  re-enlistments  that  have  been  made  from  one  exist 
ing  company  to  another,  or  into  a  new  company,  where  the 
re-enlistment  has  not  been  perfected  by  actual  transfer,  are 
in  eft'ect  canceled. 

Companies,  battalions,  and  regiments  of  twelve  months' 
men,  retained  in  service  by  the  act,  shall  be  entitled,  within 
forty  days  from  the  date  of  the  act,  on  a  day  to  be  fixed  by 
the  commander  of  the  brigade,  to  reorganize  by  electing 
all  their  officers  whom  they  had  a  right  heretofore  to  elect. 

Companies,  battalions,  squadrons,  or  regiments  organized, 
or  in  process  of  organization,  by  authority  from  the  Secre 
tary  of  "\Var,  which  may,  within  thirty  days  from  the  pass- 
ago  of  the  act,  have  the  whole  mimbcr  of  men  necessary  to 
complete  their  organization  actually  enrolled,  not  includ 
ing,  /towevcr,  in  tJiat  number  persons  now  in  service,  shall  be 
mustered  into  the  service  of  the  Confederate  States,  and  be 
received  in  that  arm  of  the  service  in  which  they  were  au 
thorized  to  organize,  and  elect  their  company,  battalion, 
and  regimental  officers. 

To  enroll  the  persons  contemplated  by  the  act,  and  not 
now  in  service,  the  President  may,  with  the  consent  of  the 
Governors  of  the  States,  employ  State  officers ;  if  such  con 
sent  cannot  be  obtained,  Confederate  officers  shall  be  ap 
pointed  by  the  President. 

Persons  not  now  in  service,  who  shall  be  enrolled,  shall 
bo  assigned  by  the  Secretary  of  War  to  the  different  com 
panies  of  the  State  from  which  such  persons  are  drawn, 
until  each  company  is  filled  to  its  maximum  number. 

Seamen  and  ordinary  seamen,  enrolled  under  the  act, 
may,  on  application  of  the  Secretary  of  the  Navy,  bo  trans 
ferred  to  the  naval  service. 

If,  after  filling  up  the  companies,  regiments,  battalions, 
and  squadrons  from  any  State,  there  shall  remain  any  of 
the  enrolled  men,  the  excess  shall  be  kept  as  a  reserve;  and 
at  stated  intervals,  not  exceeding  three  months,  details,  to 
be  made  by  lot,  shall  be  drawn  from  the  reserve  to  keep  the 
companies  as  nearly  full  as  practicable.  The  persons  so 
reserved  remain  at  home  until  called  into  service,  and  re 
ceive  no  pay  until  actually  mustered  in. 

They  are  not,  while  at  'home  in  reserve,  subject  to  the 
rules  and  articles  of  war,  except  that  if  they  wilfully  refuse 
to  obey  a  call  of  the  President,  they  shall  be  held  as  de 
serters,  and  punished  as  such. 

Whenever  the  President  shall  think  that  the  exigencies 
of  the  servfce  require  it,  he  may  call  into  active  service  the 
entire  reserve,  or  as  much  as  may  be  necessary,  and  they 
ehall  be  organi/ed  under  such  rules  as  the  Secretary  of  Wai- 
may  adopt,  and  shall  elect  thejr  field  and  company  officers. 

The  reserves  from  each  State,  when  thus  called  out,  shall 
be  organized  separately. 

Every  man  mustered  into  service,  who  shall  bring  with 
him  a  musket,  shot  gun,  rifle  or  carbine  accepted  as  an 
efficient  weapon,  shall  receive  the  value  of  it  as  ascertained 
by  the  mustering  officer  under  such  regulations  as  the  Sec 
retary  of  War  may  prescribe,  or  if  the  owner  be  unwilling 
to  sell,  he  shall  receive  $1  a  month  for  the  use  of  such 
win. 

Persons  not  liable  to  duty  may  be  received  as  substi 


tutes,  under  such  regulations  as  the  Secretary  of  War  may 
prescribe. 

Vacancies  may  be  filled  by  the  President  from  the  com 
pany,  battalion,  squadron  or  regiment  in  which  such 
vacancies  occur,  by  promotion  according  to  seniority,  ex 
cept  in  cases  of  disability  or  other  incompetency. 

The  President  may,  however,  fill  a  vacancy  by  promoting 
any  officer  of  the  company,  battalion,  squadron,  or  regi 
ment,  who  may  have  been  distinguished  in  the  service  by 
valor  and  skill,  without  reference  to  seniority.  Vacancies 
in  the  lowest  grade  of  commissioned  officers  of  a  company 
shall  bo  filled  by  election,  or  the  President  may  promote  to 
such  vacancies  non-commissioned  officers  who  have  distin 
guished  themselves  by  skill  and  valor  in  the  service.  Per 
sons  not  now  in  service  may,  before  being  enrolled,  volun 
teer  with  existing  companies  now  in  service. 

DAVIS'S    CONSCRIPTION   PROCLAMATION. 
[ From  ttie  Richmond  Enquirer,  July  18, 1863.] 

PROCLAMATION  BT  THE  PRESIDENT. 

Whereas,  It  is  provided  by  an  act  of  Congress,  entitled 
"  An  Act  to  further  provide  for  the  public  defence,"  ap 
proved  on  the  16th  day  of  April,  1862,  and  by  another  act 
of  Congress,  approved  on  the  27th  September,  1862,  en 
titled  "  An  Act  to  amend  an  act  antitlcd  '  An  Act  to  pro 
vide  further  for  the  public  defence,'  "  approved  IGth  April, 
18C2,  that  the  President  be  authorized  to  call  out  and  place 
in  the  military  service  of  the  Confederate  States,  for  three 
years,  unless  the  war  shall  have  been  sooner  ended,  all 
white  men  who  are  residents  of  the  Confederate  States  be 
tween  the  ages  of  18  and  45  years,  at  the  time  the  call  may 
be  made,  and  who  are  not  at  such  time  legally  exempted  from 
military  service,  or  such  part  thereof  as  in  his  judgment 
may  be  necessary  to  the  public  defence;  and 

Whereas,  in  my  judgment  the  necessities  of  the  public 
defence  require  that  every  man  capable  of  bearing  arms, 
between  the  ages  aforesaid,  should  now  be  called  out  to  do 
his  duty  in  the  defence  of  his  country,  and  in  driving  back 
the  invaders  now  within  the  limits  of  the  Confederacy : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Con 
federate  States  of  America,  do,  by  virtue  of  the  powers 
vested  in  me  as  aforesaid,  call  out  and  pLicc  in  the  military 
service  of  the  Confederate  States  all  white  men  resident* 
of  said  States,  between  the  ages  of  eighteen  and  forty-five 
years,  not  legally  exempted  from  military  service ;  and  I 
do  hereby  order  and  direct  that  all  persons  subject  to  this 
call,  and  not  now  in  the  military  service,  do,  upon  b(  ing 
enrolled,  forthwith  repair  to  the  conscript  camps  established 
in  the  respective  States  of  which  they  may  be  residents, 
under  pain  of  being  held  and  punished  as  deserters  in  the 
event  of  their  failure  to  obey  this  call,  as  provided  in  said 
laws. 

And  I  do  further  order  and  direct  that  the  enrolling  offi 
cers  of  the  several  States  proceed  at  once  to  enroll  all 
persons  embraced  within  the  terms  of  this  proclamation, 
and  not  heretofore  enrolled. 

And  I  do  further  order  that  it  shall  be  lawful  for  any 
person  embraced  within  this  call  to  volunteer  for  service 
before  enrollment,  and  that  persons  so  volunteering  be  al 
lowed  to  select  the  arm  of  service  and  the  company  which 
they  desire  to  join,  provided  such  company  be  deficient  in, 
the  full  number  of  men  allowed  by  iuw  for  its  organization. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
States  of  America,  at  the  City  of  Richmond,  on  this  15th 
day  of  July,  in  the  year  of  our  Lord  1803. 

JEFFERSON  DAVIS. 

By  the  President:    J.  P.  BENJAMIN,  Sec.  of  State. 

ORDERS  UNDER  THE  CONSCRIPTION  ACT. 

ADJUTANT  AND  INSPECTOR  GENERAL'S  OrFicr.,  RICHMOND, 
July  20, 1863.— General  Orders,  JVb.  98.— I.  All  white  male 
residents  of  the  Confederate  States,  between  the  ages  of 
eighteen  and  forty-five,  not  exempted  by  law,  and  not 
already  in  the  service,  will  be  enrolled.  Persons  liable 
to  enrollment  may  be  enrolled  wherever  they  may  be 

II.  The  first  paragraph  of  General  Order  No.  80,  current 
series,  is  so  amended  as  to  read  as  follows :  companies,  bat 
talions  and  regiments  composed  of  persons  not  within  the 
ago  of  conscription,  (eighteen  and  forty-five.)  will  be  ac 
cepted  as  volunteers  throughout  the  Confederacy,  under  the 
act  of  August  21,  1861,  (No.  20i),)  for  local  defence  and 
special  service.    Those  persons  belonging  to  such  organiza 
tions,  who  are  of  conscript  age,  and  neither  exempted  by 
law,  nor  already  in  the  service,  will  be  discharged,  and  re 
ported  to  the  bureau  of  conscription  for  enrollment. 

III.  The  following  regulation  will  be  in  addition  to  those 
heretofore  published  in  regard  to  substitutes:   Hereafter 
every  person  furnishing  a  substitute,  in  accordance  with, 
existing  regulations,  shall  become  liable  to,  and  be  immedi 
ately  enrolled  for  military  duty,  upon  the  lows  of  the  ser- 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


119 


rlcee  of  the  substitute  furnished  by  him  from  any  cause 
other  than  the  casualties  of  war. 

By  order,  S.  COOPER, 

Adjutant  and  Inspector  General. 

1864,  February.  The  second  conscription 
bill  became  a  law. 

The  Richmond  Sentinel  of  February  17,  1864, 
contains  a  synopsis  of  what  is  called  the  mili 
tary  bill,  heretofore  forbidden  to  be  printed: 

The  first  section  provides  that  all  white  men  residents  of 
the  Confederate  States,  between  the  ages  of  seventeen  and 
fifty,  shall  be  in  the  military  service  for  the  war. 

The  second  section  provides  that  all  between  eighteen  and 
forty-five,  now  in  service,  shall  be  continued  during  the  war 
in  the  same  regiments,  battalions,  and  companies  to  which 
they  belong  at  the  passage  of  this  act,  with  the  organization, 
officers,  Ac. .provided  that  companies  from  one  State  organ 
ized  against  their  consent,  expressed  at  the  time,  with  re 
grets,  &c.,  from  another  State,  shall  have  the  privilege  of 
being  transferred  to  the  same  arm  in  a  regiment  from  their 
own  State,  and  men  can  be  transferred  to  a  company  from 
theii  own  State. 

Section  three  gives  a  bounty  eight  months  hence  of  $100 
in  rebel  bonds. 

Section  four  provides  that  no  person  shall  be  relieved 
fioin  the  opt-rations  of  this  act  heretofore  discharged  for  dis 
ability,  nt/r  shall  tiiose  who  furnished  substitutes  be  exempted, 
where  no  disability  now  exists  ;  but  exempts  religious  per 
sons  who  have  paid  an  exemption  tax. 

Section  five  provides  for  the  enrolling  of  all  white  male 
residents  of  the  Confederate  States  between  seventeen  and 
eighteen,  and  forty-five  and  fifty,  at  such  time  and  under 
such  regulations  as  the  President  may  prescribe ;  time  al 
lowed  east  of  the  Mississippi  thirty,  and  west  sixty  days ; 
any  person  failing  to  enroll  without  good  excuse  shall  be  ! 
placed  in  the  field  for  the  war  as  if  he  were  between  eighteen  ! 
and  forty-five.  Persons  mentioned  in  this  section  shall  con 
stitute  a  reserve  for  State  defence  and  detail  duty,  and  not 
required  to  perform  service  out  of  the  State  in  Avhich  they 
reside. 

Section  seven  provides  that  any  person  who  shall  fail  to  '< 
attend  at  the  place  of  rendezvous  appointed  by  the  Presi-  ! 
dent,  and  not  excused  by  him,  shall  be  liable  to  be  placed 
in  the  field  service  for  the  war. 

Section  eight  declares  that  hereafter  all  positions  as  j 
clerks,  guards,  agents,  employees,  or  laborers  on  provost,  ' 
hospital,  or  ordnance  duty,  or  in  the  Quartermaster  or  Com 
missary  Departments,  and  all  similar  duties,  shall  be  filled  j 
by  such  persons  between  the  ages  of  eighteen  and  forty-five  j 
as  may  be  declared  by  a  board  of  examining  surgeons  to  be  j 
unfit  for  active  field  service,  and  when  these  are  exhausted,  ! 
then  from  those  between  seventeen  and  eighteen,  and  forty-  I 
five  and  fifty  :  provided  that  the  President  may  detail  arti-  i 
sans,  mechanics,  or  persons  of  scientific  skill  to  perform 
indispensable  duties  in  the  bureaux  herein  named. 

The  tenth  section  provides  that  no  person  shall  be  ex 
empt  except  the  following :  ministers,  superintendents  of 
deaf,  dumb,  and  blind,  or  insane  asylums;  one  editor  to 
each  newspaper,  and  such  employees  as  he  may  swear  to  be 
indispensable;  the  Confederate  and  State  public  printers, 
and  the  journeymen  printers  necessary  to  perform  the 
public  printing;  one  apothecary  to  each  drug  store,  who 
was  and  has  been  continuoiisly  doing  business  as  such  since 
October  10,  1802 ;  physicians  over  30  years  of  age  of  seven 
years'  practice,  not  including  dentists;  presidents  and  I 
teachers  of  colleges,  academies,  and  schools,  who  have  not 
less  than  30  pupils;  superintendents  of  public  hospitals 
established  by  law,  and  such  physicians  and  nurses  as  may 
be  indispensable  for  their  efficient  management. 

OHO  agriculturist  on  each  farm  where  there  is  no  white 
male  adult  not  liable  to  duty  employing  fifteen  able-bodied 
slaves,  between  1C  and  50  years  of  age,  upon  the  following 
conditions : 

The  party  exempted  shall  give  bonds  to  deliver  to  the 
Government  in  the  next  twelve  months,  100  pounds  of 
bacon,  or  its  equivalent  in  salt  pork,  at  Government  selec 
tion,  and  100  pounds  of  beef  for  each  such  able-bodied  slave 
employed  on  said  farm,  at  commissioner's  rates. 

In  certain  cases  this  may  be  commuted  in  grain  or  other 
provisions. 

The  person  shall  further  bind  himself  to  sell  all  surplus 
provisions  now  on  hand,  or  which  he  may  raise,  to  the  Gov 
ernment,  or  the  families  of  soldiers,  at  commissioner's 
rates,  thu  person  to  b«  allowed  ii  credit  of  25  per  cent,  on 
any  amount  he  may  deliver  in  three  months  from  the  pas 
sage  of  this  act;  Provided  that  no  enrollment  since  Feb.  1, 
1864,  shall  deprive  the  person  enrolled  from  the  benefit  of 
this  exemption. 

In  addition  to  the  above,  the  Secretary  of  War  is  au 
thorized  to  make  tmch  details  as  the  public  security  re 
quires. 


The  officers  and  employees  of  railroad  companies  en 
gaged  in  military  transportation,  not  beyond  one  for  each 
mile  used  in  such  transportation,  and  under  certain  restric 
tions.  Also,  exempts  mail  contractors  and  carriers. 

The  eleventh  section  authorizes  the  President  to  detail 
either  from  between  45  and  50  or  from  the  army  in  the 
field  when  necessity  requires  it,  and  may,  when  he  thinks 
proper,  revoke  such  details.  Provided,  that  he  shall  not 
exempt  or  detail  any  contractor  for  furnishing  supplies, 
&c.,  by  reason  of  such  contract,  except  the  head  of  a  de 
partment  shall  certify  that  such  exemption  is  indispensa 
ble  ;  the  exemption  to  cease  if  the  contractor  fails  to  com 
ply  with  his  contract. 

The  twefth  section  declares  that  the  Board  of  Surgeons 
shall  not  be  appointed  from  the  county  or  district  in  which 
they  are  required  to  make  examinations. 

The  vote  in  the  House  of  Respresentatives 
was — yeas,  41 ;  nays,  31. 

GUERRILLAS. 

1862,  April  21 — The  President  was  authorized 
to  commission  such  officers  as  he  may  deem 
proper,  with  authority  to  form  bands  of  parti 
san  rangers,  in  companies,  battalions  or  regi 
ments,  either  as  infantry  or  cavalry,  to  receive 
the  same  pay,  rations,  and  quarters,  and  be 
subject  to  the  same  regulations  as  other  soldiers. 
For  any  arms  and  munitions  of  war  captured 
from  the  enemy  by  any  body  of  partisan  ran 
gers,  and  delivered  to  any  quartermaster  at 
designated  place,  the  raugeft  shall  be  paid  their 
full  value.* 

The  following  resolution,  in  relation  to  parti 
san  service,  was  adopted  by  the  Virginia  Legis 
lature,  May  17,  1862  : 

Whereas,  this  General  Assembly  places  a  high  estimate 
upon  the  value  of  the  ranger  or  partisan  service  in  prose 
cuting  the  present  war  to  a  successful  issue,  and  regards  it 
as  perfectly  legitimate;  and  it  being  understood  that  a 
Federal  commander  on  the  northern  border  of  Virginia  has 
intimated  his  purpose,  if  such  service  is  not  discontinued, 
to  lay  waste  by  fire  the  portion  of  our  territory  at  present 
under  his  power. 

Resolved  by  the  General  Assembly,  That  in  its  opinion, 
the  policy  of  employing  such  rangers  and  partisans  ought 
to  be  carried  out  energetically,  both  by  the  authorities  of 
this  State  and  of  the  Confederate  States,  without  the  slightest 
regard  to  such  threats. 

By  another  act,  the  President  was  authorized, 
in  addition  to  the  volunteer  force  authorized 
under  existing  laws,  to  accept  the  services  of 
volunteers  who  may  offer  them,  without  regard 


*  1864,  February  15 — Repealed  the  above  act,  but  pro 
vided  for  continuing  organizations  of  partisan  rangers  act 
ing  as  regular  cavalry  and  so  to  continue ;  and  authorizing 
the  Secretary  of  War  to  provide  for  uniting  all  bands  of 
partisan  rangers  with  other  organizations  and  bringing 
them  under  the  general  discipline  of  the  provisional  army. 
The  act  authorizes  the  Secretary  of  War,  in  his  discretion, 
to  exempt  from  its  operation  such  companies  as  are  serving 
within  the  lines  of  the  enemy. 

In  a  late  cavalry  raid  by  Col.  Lowell,  towards  Upperville, 
Ya.,  Lieut.  Henry  E.  Alvord,  of  the  Second  Massachusetts 
Cavalry,  captured  Major  Moseby's  private  papers,  and 
found  his  commission  as  major  of  guerrillas,  which  is  as 
follows : 

CONFEDERATE  STATES  OF  AMERICA,  WAR  DEPARTMENT, 
RICHMOND,  March  20,  I860.— You  are  hereby  informed  that 
the  President  has  conferred  upon  you  the  rank  of  Major  of 
Partisan  Hangers,  under  the  act  approved  April  21, 1862,  in 
the  Provisional  Army  of  the  Confederate  States,  to  date  as 
such  from  the  26th  of  March,  1863.  Immediately  on  receipt 
thereof  please  communicate  to  this  Department,  to  the 
Adjutant  und  Inspector  General,  announcing  your  accept 
ance  of  said  appointment.  With  your  letter  of  acceptance 
to  the  Adjutant  and  Inspector  General,  you  will  fill  up 
properly  the  enclosed  oath,  and  subscribe  and  swear  to  it; 
at  the  same  time  state  your  age,  residence,  and  when  ap 
pointed,  and  the  State  in  which  you  were  born.  Should 
you  accept,  report  for  duty  to  General  R.  E.  Lee. 

JAMES  A.  SEDDON,  Secretary  of  War. 
Major  JOHN  MOSEBY. 


120 


ADMINISTRATION    OP    ABRAHAM    LINCOLN. 


to  the  place  of  enlistment,  to  serve  for  and 
during  the  existing  war. 

1862,  May  27 — Maj.  Gen.  John  B.  Floyd  was 
authorized  by  the  Legislature  of  Virginia,  to 
raise  ten  thousand  men,  not  now  in  service  or 
liable  to  draft,  for  twelve  months. 

J362,  September  27 — The  President  was 
authorized  to  call  out  and  place  in  the  military 


both  instances.  The  conscript  law  is  a  legitimate  exercise 
of  the  power  of  Congress  to  raise  armies,  which  is  «H-tin<-t 
from  and  additional  to  the  power  to  employ  the  militia  of 

the  country.  The  privilege  of  putting  in  substitutes,  until 
recently  allowed,  was  an  act  of  grace  and  favor  to  the  citi 
zen,  nml  not  u  contract  in  any  respect  to  which  the  Gov 
ernment  was  u  party. 

"Nor  would  the  Government  have  had  a  right  to  make 
such  contract  as  in  this  case  is  contended  for.  As  an  act  of 
grace  it  was,  of  course,  repealable  at  the  will  of  Congress. 
Even  if  Congress  had  had  the  power  to  make  such  contract, 


service  for  three  years,  all  white  men  who  are  j  and  had  exercised  it,  yet  the  conditiona  noceeaarily  attach 
residents,  between  the  ages  of  thirty-five  and  I  ing  would  have  rendered  the  contract  repealablo  if,  in  the 
forty-five  at  the  time  the  call  ,nay  he  made,  »$  tSSTi/^SS^f'^r^* 

not  legally  exempt.  And  such  authority  shall  shy  of  thN  nature,  and  th»  preamble  to  the  law  repealing 
exist  in  the  President,  during  the  present  war, 
as  to  all  persons  who  now  are,  or  hereafter 
may  become  eighteen  years  of  age,  and  all  per 
sons  between  eighteen  and  forty-five,  once  en 
rolled,  shall  serve  their  full  time. 

THE    TWENTY-NEGRO    EXEMPTION    LAW. 

1862,  October  11 — Exempted  certain  classes, 
described  in  the  repealing  law  of  the  next  ses 
sion,  as  follows  : 

The  dissatisfaction  of  the  people  with  an  act  passed  by 
the  Confederate  Congress,  at  its  last  session,  by  which  per 
sons  owning  a  certain  number  of  slaves  were  exempted 

from  the  operation  of  the  conscription  law,  has  led  the  ;  conflict  with  the  preservation  of  the  State,  was  an  uncon- 
members  at  the  present  session  to  reconsider  their  work,  stitutipnal  act — not  obligatory  on  the  law-making  power, 
and  already  one  branch  has  passed  a  bill  for  the  repeal  of  an(i  witnin  the  constitutional  power  of  the  Government  to 
the  obnoxious  law.  This  bill  provides  as  follows  :  repeal. 

"  The  Congress  of  t/te  Confederate  States  do  enact,  That  so  " lhat  the  act  allowing  substitutes  was  to  be  regarded  as 
much  of  the  act  approved  October  11, 1862,  as  exempts  from  a  contract  discharging  principals  from  being  called  into 
miltary  service  '  one  person,  either  as  agent,  owner,  or  over-  j  the  Bervice-  I*  WJ*s  then  a  contract  that  the  principal 
seer,  on  each  plantation  on  which  one  white  person  is  re-  I  sh<m'd  not  »Sht  "»  the  defence  of  tho  country  wh.-n  it  was 


, 
substitutions  recognized  this." 

STATE    RIGHTS    AND    PERSONAL    LIBERTY. 

The  Macon  (Georgia)  Tel'fjraph  gives  the  points  of  th 
first  legal  decision  made  in  the  State  of  Georgia  under  the 
act  of  the  Confederate  Congress  repealing  the  substitute 
law,  and  compelling  those  who  had  furnished  substitute* 
to  go  into  the  army.  It  is  the  judgment  of  Judge  Loch- 
rane,  of  the  Superior  Court  for  Mi-.con  Circuit,  i-.nd  was 
delivered  on  the  lltli  of  February,  in  the  case  of  Dennis 
Daley  and  Philip  Fitzgerald,  and  is  interesting  as  phowing 
what  are  held  to  be  State-rights  and  personal  libertv  in  the 
Confederate  States.  Wo  quote  : 

"Judge  Lochraue  held  it  was  not  only  the  right,  but  the 
duty  of  a  nation  to  prot  ect  itself,  and  that  any  contract  or 
right  flowing  out  of  the  operation  of  law  which  came  in 


quired  to  be  kept  by  the  laws  or  ordinances  of  any  State,     <->ndangered, lind  sucu  contract  was  unauthorized  by  every 
and  on  which  there  is  no  white  male  adult  not  liable  to'  I  PrillciPl«  of  constitutional  law.    If  our  first  C;»n-.. 
military  service,  and  in  States  having  no  such  law,  one  per-  i  !lSree'l  to 
son,  as  agent,  owner,  or  overseer  on  such  plantation  of  ;  w_^°_  I)U1^ 


twenty  negroes,  and  on  which  there  is  no  white  male  adult 
not  liable  to  military  service ;'  and  also  the  following  clause 
in  said  act,  to  wit:  'and  furthermore,  for  additional  police 
of  every  twenty  negroes,  on  two  or  more  plantations,  within 
five  miles  of  each  other,  and  each  having  less  than  twenty 
negroes,  and  on  which  there  is  no  white  male  adult  not 
liable  to  military  duty,  one  person,  being  the  oldest  of  the 
owners  or  overseers  on  such  plantations,'  be  and  the  same 
are  hereby  repealed  ;  and  the  persons  so  hitherto  exempted 
by  said  clauses  of  said  act  are  hereby  made  subject  to  mili 
tary  duty  in  the  same  manner  that  they  would  be  had  said 
clauses  never  been  embraced  in  said  act." 

RESTRICTIONS     UPON    VOLUNTEERING. 

From  the  Richmond  Examiner,  January  30, 
1864: 

General  Orders  have  been  issued  in  the  Adjutant  General's 
office,  instructing  the  enrolling  officers  to  proceed  as  rapidly 
as  possible  with  the  new  conscription.  The  privilege  of 
volunteering  is  restricted  in  these  orders  by  two  important 
conditions : 

"1.  The  company  selected  must  have  been  in  service  on 
the  16th  of  April,  1862. 

"  2.  The  company  selected  must  be,  at  the  time  of  volun 
teering,  below  tho  minimum  number  prescribed  by  regula 
tions.1' 

JUDICIAL    RULINGS    UPON    CONSCRIPTION. 


The  Richmond  papers  of  March.  1864,  men 
tion  the  following  decision  in  reference  to  the 
conscription  act  : 

"  In  the  case  of  J.  R.  F.  Borroughs  vs.  T.  G.  Peyton,  and 
L.  P.  Abrahams  vs.  the  same,  the  Court  of  Appeals  of  Vir 
ginia  on  yesterday  rendered  a  decision.  These  cases  came 
before  the  court  on  hitheus  corpus,  the  plaintiffs  praying  to 
be  discharged  from  the  custody  of  the  conscript  officer,  on 
the  ground  that  they  h«d  furnished  substitutes — the  one 
under  the  State  law  of  February,  1802,  the  other  the  Con 
federate  States  law. 

"The  court  unanimously  rejected  the  petitions  in  both 
cases,  and  remanded  the  parties  to  the  military  officer. 
The  opinion  was  delivered  by  Judge  William  J.  Robertson, 
and  is  able  and  elaborate.  It  brought  under  review  the 
constitutionality  both  of  the  conscript  law  and  that  repeal 
ing  the  exemptions  of  such  conscripts  as  have  furnished 
substitutes,  and  it  fully  sustained  the  action  of  Congress  in  j  opinion. 


reed  to  exempt  all  men  from  taxation  during  the  war 

10  paid  into  the  treasury  §500,  such  exemption  could 
have  been  set  aside  by  any  subsequent  legislature,  when 
the  public  safety  and  self-preservation  of  the  Government 
demand  it. 

"  He  held  that  the  interest  of  every  citizen  was  the  same 
as  that  of  the  Government  of  which  he  formed  a  part,  and 
the  military  sen-ice  rendered  by  the  substituta  was  ju-^t  as 
much  rendered  to  the  principal  as  a  citizen  of  tbi  Govern 
ment  itself— his  life,  his  honor,  his  property,  and  his  liberty 
were  defended  by  the  act,  and  the  consideration  enured  to 
him  as  a  member  of  the  society  which  composed  the  Gov 
ernment. 

"  Contracts  and  vested  rights  must  all  bend  to  the  exigen 
cies  of  the  Government,  of  which  the  legislature  was  the 
judge,  and  any  act  of  the  Legislature  contravening  the  pub 
lic  interest  may  be  repealed  when  the  safety  of  the  people 
becomes  the  supreme  law. 

"The  vested  rights  of  fathers  may  be  annulled  over  their 
minor  children,  to  make  them  soldiers  when  the  public 
interests  demand  it,  and  the  law-making  power  has  so 
declared. 

"  All  rights,  all  property,  all  persons  who  are  citizens  of  a 
Government,  may  be  used  by  tho  Government  in  time  of 
war,  and  it  was  the  duty  of  courts  to  sustain  the  Govern 
ment  in  the  appropriation  of  the  means  exercised  right 
fully  by  the  Legislature  to  protect  the  whole  people  from 
subjugation  and  ruin." 

1864,  March  22— The  Supreme  Court  of 
Georgia  are  reported  as  having,  to-day,  unani 
mously  affirmed  the  constitutionality  of  the 
anti-substitute  law. 

.  IN  NORTH  CAROLINA. 
[From  Richmond  Sentinel,  March  8, 1864.] 
HABEAS  CORPUS  WHITS  REFUSED.— The  Raleigh  Canferltrate, 
states  that  Judge  Battle  has  lately  refused  to  issue  writs  of 
habeas  corpus  in  !i  number  of  rases  when  applied  for  by  per 
sons  who  had  placed  substitutes  in  tho  army,  on  tho  ground 
that  tho  writ  was  suspended  in  nil  such  cases  by  the  late  act 
of  Congress.  1 1  also  learns  that  such  is  the  opinion  of  Judge 
Manly.  Judges  Pearson,  Battle,  and  Manly  constitute  the 
Supremo  Court  of  North  Carolina,  and  us  two  of  the  three 
judges  sustain  tho  Government  in  the  suspension  of  the 
writ  of  habeas  corpus,  the  final  decision  of  the  matter 
against  the  substitute  men  is  only  a  question  of  time. 


Judge  Pearson  is    said  to  hold  the  contrary 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


121 


MARTIAL    LAW. 

March  1,  1862 — JEFFKRSON  DAVIS  President, 
*'  by  virtue  of  the  power  vested  in  him  by  law 
to  declare  the  suspension  of  the  privileges  of 
the  writ  of  Habeas  Corpus  in  cities  threatened 
with  invasion,"  proclaimed  that  martial  law 
was  extended  over  Richmond  arid  the  adjoin 
ing  country  to  the  extent  of  ten  miles.  He 
prohibited  all  distillation  of  spirituous  liquors, 
and  directed  that  the  distilleries  be  forthwith 
closed  and  the  establishments  for  the  sale 
thereof  closed.  Many  Union  men  were  arrested 
at  once  and  imprisoned. 

April  8,  1862,  DAVIS  issued  a  proclamation 
extending  martial  law  over  East  Tennessee  and 
suspending  all  civil  jurisdiction  and  the  writ  of 
Habeas  Corpus.  Col.  W.  M.  Churchwell  was 
made  provost  marshal  and  was  charged  with 
the  execution  of  the  proclamation. 

May  3,  1862,  DAVIS  issued  a  like  proclama 
tion  with  reference  to  the  counties  of  Lee, 
Wise.  Bucharan,  McDowell,  and  Wyoming  in 
Virginia,  under  the  command  of  Brig.  Gen. 
Humphrey  Marshall. 

August  14,  1861,  DAVIS  issued  this 

PROCLAMATION    OF    BANISHMENT  : 

Whereas,  the  Congress  of  the  Confederate  States  of  Amer 
ica  <ii;l,  by  an  act  approved  on  the  8th  day  of  August,  1861, 
entitled  "An  act  respecting  alien  enemies,"  make  provision 
that  proclamation  should  bo  issued  by  the  President  in  re 
lation  to  alien  enemies,  and  in  conformity  with  the  provisions 
of  said  act : 

Now.  therefore,  I,  Jefferson  Davis,  President  of  the  Con 
federate  States  of  America,  do  issue  this  my  proclamation : 
and  I  do  hereby  warn  and  require  every  male  citizen  of  the 
United  States,  of  the  age  of  fourteen  years  and  upwards,  now 
within  the  Confederate  States,  and  adhering  to  tho  Govern 
ment  of  the  United  States,  and  acknowledging  the  authority 
ol"  the  same,  and  not  being  a  citizen  of  the  Confederate  States, 
to  depart  from  the  Confederate  States  within  forty  clays  from 
the  date  of  this  proclamation.  And  I  do  warn  all  persons 
above  described,  who  shall  remain  within  the  Confederate 
States  after  the  expiration  of  said  period  of  forty  days,  that 
they  will  be  treated  as  alien  enemies. 

Provided,  however,  That  this  proclamation  shall  not  be 
considered  .as  applicable,  during  the  existing  war,  to  citizens 
of  the  United  States  residing  within  the  Confederate  States 
with  intent  to  become  citizens  thereof,  and  who  shall  make 
declaration  of  such  intention  in  due  form,  acknowledging 
the  authority  of  this  Government ;  nor  shall  this  proclamation 
be  considered  as  extending  to  the  States  of  Delaware,  Mary 
land,  Kentucky,  Missouri,  tho  District  of  Columbia,  the 
Territories  of  Arizona  and  New  Mexico,  and  tho  Indian  Ter 
ritory  south  of  Kansas,  wh»  shall  not  be  chargeable  with 
actual  hostility  or  other  crime  against  the  public  safety,  and 
who  shall  acknowledge  the  authority  of  the  Government  of 
the  Confederate  States. 

And  I  do  further  proclaim  and  make  known  that  I  have 
established  tho  rules  and  regulations  hereto  annexed  in  ac 
cordance  with  the  provisions  of  said  law. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
States  of  America,  at  the  city  of  Richmond,  on  the  14th  day 
of  August,  A.  D.  1861. 

By  the  President:  JEFFERSON  DAVIS. 

R.  M.  T.  HUNTER,  Secretary  of  State. 

TO  THE  DISAFFECTED  PEOPLE  OF  EAST  TENNESSEE. 

The  undersigned,  in  executing  martial  law  in  this  Depart 
ment,  assures  those  interested  who  have  fled  to  the  enemy's 
lines,  and  who  arc  actually  in  their  army,  that  he  will  wel 
come  their  return  to  their  homes  and  families;  they  are  of 
fered  annesty  and  protection  if  they  come  to  lay  down  their 
arms  and  act  as  loyal  citizens  within  the  thirty  days  given 
them  by  M.\j.  Gen.  E.  KIKBY  SMITH  to  do  so. 

At  tho  end  of  lhat  time,  those  failing  to  return  to  their 
homes  and  accept  the  amnesty  thus  offered,  and  provide  for 
&ud  protect  their  wives  and  children  in  East  Tennessee,  will 
have  them  sent  to  their  care  in  Kentucky,  or  beyond  the 
Confederate  State  lines,  at  their  own  expense. 

All  that  leave  after  this  date,  with  a  knowledge  of  the 
above  facts,  will  have  their  families  sent  immediately  after 
them. 

The  women  and  children  must  be  taken  care  of  by  husbands 


and  fathers,  either  in  East  Tennessee  or  in  the  Lincoln  Gov 
ernment. 

W.  M.  CHURCHWELL, 

Colonel  and  Provost  Marshal. 
KNOXVILLE,  Tenn.,  April  23, 1862. 

STRENGTH    OF    THE    REBEL    ARMY. 

1864,  Jan.  30. — In  debating  the  bill  to  repeal 
the  Substitute  Exemption  bill,  Mr.  Wm.  N.  H. 
Smith,  of  North  Carolina,  said,  the  "  Confed 
erates  "  had  at  this  time  four  hundred  thousand 
men  on  their  muster  roll  "  of  whom  probably 
one  half  were  not  there,  and  it  was  well  known 
we  were  unable  to  feed  the  fractional  part  who 
were,  in  the  field." 

The  Richmond  Whig  of  Jan.  1,  1864,  allu 
ding  to  tho  passage  of  the  above  named  bill, 
has  these  comments  : 

We  wish  at  this  time  only  to  make  some  passing  com 
ments  upon  the  tone  manifested  in  Congress  in  the  debates 
upon  this  measure.  A  Senator  (Mr.  Orr  of  S.  C.,)  among 
other  objections  to  the  passage  of  the  bill  gravely  questioned 
its  legality. 

"  If  the  pending  bill  becomes  a  law,"  said  Mr.  0.,  "  there 
will  be  great  difficulty  in  executing  it,  by  reason  of  the  de 
cisions  of  the  Courts  in  several  of  the  States.  We  must  ac 
quiesce  in  the  decisions  of  the  Courts,  or  resort  to  measures 
which  he  was  not  prepared  for."  A  Senator  from  Missouri 
(Mr.  Clark,)  representing  a  constituency  wholly  beyond  the 
action  and  control  of  our  laws,  replied,  in  urging  its  passage, 
that  "in  regard  to  the  action  of  tho  Courts,  steps  may  and 
should  be  taken  to  remove  the  subject  beyond  their  juris 
diction."  The  Senator  from  Mississippi,  (Mr.  Brown,)  goes 
further :  "  We  should  not  defer  our  legislation  to  consult  the 
views  of  every  State  Judge — to  ascertain  whether  he  will 
overthrow  it  or  not  by  his  j  udicial  decision.  We  have  high 
duties  to  perform.  Let  us  perform  them  without  reference 
to  State  Judges.  There  was  d  remedy  against  the  interfer 
ence  of  tho  Courts,  in  the  suspension  of  the  writ  of  habeas 
corpus." 

The  vote  of  Congress  upon  this  measure  shows  to  what 
extent  the  provisions  of  the  Constitution  are  getting  to  b; 
disregarded  in  the  Legislative  branch,  and  how  far  revolu 
tionary  sentiment  already  prevails  in  that  body.  The  strength 
of  the  popular  respect  for  our  Government,  and  the  good 
sense  of  tho  quiet  masses,  may  for  the  moment  allow  such 
declarations  to  pass  without  disturbance.  Tho  little  respect 
in  which  substitute  men  are  held  may  influence  a  temporary 
[  acquiesenco  in  them.  But  the  intelligent  and  ardent  lover 
I  of  his  country  cannot  witness  such  proceedings  with  indif- 
\  ference,  nor  will  he,  with  submission. 

There  is  as  much  patriotism  and  intelligence  out  of  the 
halls  of  Congress  as  in  it,  and  the  tendency  of  the  legisla 
tive  and  executive  declarations  so  far  tin's  session  to  a  sub 
version  of  the  liberties  of  tho  country^ind  a  military  despotism 
is  already  sowing  the  seeds  of  a  counter  revolution.  Our 
people  claim  it  as  their  right,  as  the  duty  of  tho  General 
Government  to  insure  to  them,  as  the  basis  of  the  compact 
by  which  they  have  associated  together,  that  the  Confederacy 
is  but  a  community  of  sovereign  States.  They  look  to  the 
Constitution  as  the  supreme  law  of  the  Confederacy.  They 
regard  it  as  among  the  blessings  for  which  they  are  indebted 
to  their  ancestry  that  they  transmitted  to  us  a  written  Con 
stitution.  It  received  tho  plighted  faith  of  our  fathers.  It 
is  the  hope  of  our  posterity.  To  argue  questions  outside  or 
above  it  is  but  to  assail  the  cause  of  law,  of  right,  and  order. 

Meeting  of  the  Thirty-Seventh  Con- 
t    gress. 

The  first  session  begta  July  4, 1861,  and  closed  August  6, 
1861. 

The  second  session  began  December  2,  1861.  and  closed 
July  17, 1862. 

The  third  session  began  December  1.  1862.  and  closed 
March  4, 1863. 

MEMBERS  OF  THE  THIRTY-SEVENTH  CONGRESS, 

MARCH  4,  1861,  TO  MAKCH  4,  1863. 
HANNIBAL  HAMLIN,  of  Maine,  President. 
John  VV.  Forney,  of  Pennsylvania,  Secretary. 

SENATORS. 

MAINE — Lot  M.  Morrill,  William  P.  Fessen- 
den. 

NEW  HAMPSHIRE  —  John  P.  Hale,  Daniel 
Clark. 


122 


ADMINISTRATION   OP   ABRAHAM    LINCOLN. 


VERMONT — Solomon  Foot,  Jacob  Collamer. 

MASSACHUSETTS — Charles  Sumner,  Henry 
Wilson. 

RHODE  ISLAND — James  F.  Simmons,*  Henry 
B.  Anthony. 

CONNECTICUT — James  Dixon,  Lafayette  S. 
Foster. 

NEW  YORK — Preston  King,  Ira  Harris. 

NEW  JERSEY — John  R.  Thomson,*  John  C. 
Ten  Eyck. 

PENNSYLVANIA — David  Wilmot,  Edgar  Cow 
an. 

DKLAWARE — James  A.  Bayard,  Willard  Sauls- 
bury. 

MARYLAND — Anthony  Kennedy,  James  A. 
Pearce.* 

VIRGINIA.* 

OHIO— Benjamin  F.  Wade,  John  Sherman. 

KENTUCKY— Lazarus  W.  Powell,  John  C. 
Breckinridge.* 

TENNESSEE — Andrew  Johnson. 

INDIANA — Jesse  D.  Bright,*  Henry  S.  Lane. 

ILLINOIS — Orville  H.  Browning,*  Lyman 
Trumbull. 

MISSOURI — Trusten  Polk,*  Waldo  P.  John- 
eon.* 

MICHIGAN — Zachariah  Chandler,  Kinsley  S. 
Bingham.* 

IOWA — James  W.  Grimes,  James  Harlan. 

WISCONSIN— James  R,  Doolittle,  Timothy  0. 
Howe. 

CALIFORNIA — Milton  S.  Latham,  James  A. 
McDougall. 

MINNESOTA — Henry  M.  Rice,  Morton  S.  Wil 
kinson. 

OREGON — Edward  D.  Baker,*  James  W.  Nes- 
mith. 

KANSAS— -James  H.  Lane,  Samuel  C.  Pomeroy. 

REPRESENTATIVES. 

GALUSHA  A.  GROW,  of  Pennsylvania,  Speaker. 
Emerson  Etheridge,  of  Tennessee,  Clerk. 

MAINE — John  N.  Goodwin,  Charles  W.  Wal 
ton,*  Samuel  C.  Fessenden,  Anson  P.  Morrill, 
John  H.  Rice,  Frederick  A.  Pike. 

NEW  HAMPSHIRE — Gilman  Marston,  Edward 
H.  Rollins,  Thomas  M.  Edwards. 

VERMONT — E.  P.  Walton,  Jr.,  Justin  S.  Mor 
rill,  Portus  Baxter. 

MASSACHUSETTS — Thomas  D.  Eliot,  James 
Buffinton,  Benjamin  F.  Thomas,  Alexander  H. 
Rice,  William  Appleton,*  John  B.  Alley,  Daniel 
W.  Gooch,  Charles  R.  Train,,  Goldsmith  F. 
Bailey.*  Charles  Delano,  Hej^ry  L.  Dawes. 

RHODE  ISLAND — William  P.  Sheffield,  George 
H.  Browne 

CONNECTICUT — D  wight  Loomis,  James  E.  Eng 
lish,  Alfred  A.  Burnham,*  George  C.  Wood 
ruff. 

NEW  YORK— Edward  H.  Smith,  Moses  F. 
Odell,  Benjamin  Woo,d,  James  E.  Kerrigan,  Wil 
liam  Wall,  Frederick  A.  Conkling,  Elijah  Ward. 
Isaac  C.  Delaplaine,  Edward  Haight,  Charles 
H.  Van  Wyek,  John  B.  Steele,  Stephen  Baker, 
Abraham  B.  Olin,  Erastus  Corning,  James  B 
McKe.in,  William  A.  Wheeler,  Socrates  N.  Sher 
man,  Chauncey  Vibbard,  Richard  Franchot, 
Roscoe  Conkling,  R.  Holland  Duell,  William 

*  See  memorandum  at  end  of  list. 


|  E.    Lansing,    Ambrose   W.    Clark,  Charles  B 

j  Sedgwick.    Theodore    M.    Pouneroy,    Jacob  P. 

j  Chamberlain,    Alexander    S.   Diven,  Robert  B. 

Van  Valkenburgh,  Alfred  Ely,  Augustus  Frank, 

Burt  Van  Horn,  Elbridge  G.  Spaulding,  Reuben 

E.  Fenton. 

NEW  JERSEY — Joha  T.  Nixon,  John  L.  N, 
Stratton,  William  G.  Steele,  George  T.  Cobb. 
Nehemiah  Perry. 

PENNSYLVANIA — William  E.  Lehman.  Charles 
J.  Biddle,*  John  P.  Verree,  William  D.  Kelley, 
William  Morris  Davis,  John  Hickman,  Thomas 
B.  Cooper,*  Sydenham  E.  Ancona,  Thnddeus 
Stevens,  John  W.  Killinger,  Jamps  H.  Camp 
bell,  Hendrick  B.  Wright,  Philip  Johnson,  Ga- 
lusha  A  Grow,  James  T.  Hale,  Joseph  Baily, 
Edward  McPherson,  Samuel  S.  Blair,  John  Co- 
vode.  Jesse  Lvzear,  James  K.  Moorhead,  Rob 
ert  McKnight,  John  W.  Wallace,  John  Patton. 
Elijah  Babbitt. 

DELAWARE — George  P.  Fisher. 

MARYLAND — John  W  Crisfield,  Edwin  H. 
Webster,  Cornelius  L.  L.  Leary,  Henry  May, 
Fran'  is  Thomas,  Charles  B.  Calvert. 

VIRGINIA- -Charles  H.  Upton,*  William  G. 
Brown,  John  S.  Carlile.*  Kellian  V.  Whaley, 
Joseph  Segar.* 

OHIO — George  H.  Pendlcton,  John  A.  Gurley, 
Clement  L.  Vallandigham,  William  Allen,  Jas. 
M.  Ashley,  Chilton  A.  White,  Richard  A  Har 
rison,  Samuel  Shellabarger,  Warren  P.  Noble, 
Carey  A.  Trimble,  Valentine  B.  Horton.  Snmuel 
S.  Cox,  Samuel  T.  Worcester,  Harrison  G. 
Blake,  Robert  H.  Nugen,  William  P.  Cutler, 
James  R.  Morris,  Sidney  Edgerton,  Albert  G 
Riddle,  John  Hutchins,  John  A.  Bingham. 

KENTUCKY — Henry  C.  Burnett,*  James  S. 
Jackson,*  Henry  Grider,  Aaron  Harding.  Chas. 
A.  Wickliffe,  George  W.  Dimlap,  Robert  Mai- 
lory,  John  J.  Crittenden,  William  II.  Wads- 
worth,  John  W.  Menzies. 

TENNESSEE — Horace  Maynard,*  Andrew  J. 
Clements,*  George  W.  Bridges.* 

INDIANA — John  Law,  James  A.  Cravens,  W. 
McKee  Dunn,  William  S.  Holman.  George  W. 
Julian,  Albert  G.  Porter,  Daniel  W.  Voorhees, 
Albert  S.  White,  Schuyler  Colfax,  William 
Mitchell,  John  P.  C.  Shanks. 

ILLINOIS — Ellihu  B.  Washburne,  Isaac  N. 
Arnold,  Owen  Lovejoy,  William  Kellogg,  Wil 
liam  A.  Richardson,*  John  A.  McClernand,* 
James  C.  Robinson,  Philip  B.  Fouke,  John  A 
Logan.* 

MISSOURI — Francis  P.  Blair,  Jr.,  James  S. 
Rollins,  John  B.  Clark,*  Elijah  H.  Norton. 
John  W.  Reid,*  John  S.  Phelps,*  John  W. 
Noell. 

MICHIGAN — Bradley  F.  Granger,  Fernando  C. 
Beatnan,  Francis  W.  Kellogg,  Rowland  E.  Trow- 
bridge. 

IOWA — Samuel  R.  Curtis,*  William  Vandever. 

WISCONSIN— John  F.  Potter,  Luther  Han- 
chett,*  A.  Scott  Sloan. 

CALIFORNIA — Timothy  G.  Phelps  and  Aaron 
A.  Sargent,  qualified  Dec.  2,  18G1  ;  and  Fred 
erick  F.  Low,  (now  Governor,)  June  3,  18G2. 

MINNESOTA — Cyrus  Aldrich, William  Windom. 

OREGON — Andrew  J.  Tlmyer.* 

KANSAS — Martin  F.  Con  way. 


*Seo  memorandum  at  end  of  list. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


123 


MEMORANDUM    OF    CHANGES. 

The  following  changes  took  place  during  the 
Congress : 

IN    SENATE. 

RHODE  ISLAND — 1862,  Dec.  1,  Samuel  G 
Arnold  succeeded  James  F.  Simmons,  resigned. 

NEW  JERSEY— 1862,  Dec.  1,  Richard  S.  Field 
succeeded,  by  appointment,  John  R.  Thomson, 
deceased  Sept.  12,  18G2.  1863,  Jan.  21,  James 
W.  Wall  succeeded,  by  election,  Richard  S. 
Field. 

MARYLAND— 1863,  Jan.  14,  Thomas  H.  Hicks, 
first  by  appointment  and  then  by  election,  suc 
ceeded  James  A.  Pearce,  deceased  Dec.  20,  1862. 

VIRGINIA— 1861,  July  13,  John  S.  Carlile 
and  Waitman  T.  Willey,  sworn  in  place  of 
Robert  M.  T.  Hunter  and  James  M.  Mason, 
withdrawn  and  abdicated. 

KENTUCKY— 1861,  Dec.  23,  Garrett  Davis 
succeeded  John  C.  Breckinridge,  expelled  De 
cember  4. 

INDIANA— 1862,  March  3,  Joseph  A.  Wright 
succeeded  Jesse  D.  Bright,  expelled  Feb.  5. 
1863,  Jan.  22,  David  Turpie  superseded,  by 
election,  Joseph  A  Wright. 

ILLINOIS — 1863,  Jan.  30,  William  A.  Richard 
son  superseded,  by  election,  0.  H.  Browning. 

MISSOURI — 1862,  Jan.  "24,  R.  Wilson  suc 
ceeded  Waldo  P.  Johnson,  expelled  Jan.  10. 
1862,  Jan.  29,  John  B.  Henderson  succeeded 
Trusten  Polk,  expelled  Jan.  10. 

MICHIGAN — 1862,  Jan.  17,  Jacob  M.  Howard 
succeeded  K.  S.  Bingham,  deceased  Oct.  5,  1862. 

OREGON— 1862,  Dec.  1,  Benjamin  F.  Hard 
ing  succeeded  Edward  D.  Baker,  deceased  Oct. 
21,  1862. 

IN    HOUSE    OF    REPRESENTATIVES. 

MAINE — 1862,  December  1,  Thomas  A.  D. 
Fessenden  succeeded  Charles  W.  Walton,  re 
signed  May  26,  1862. 

MASSACHUSETTS— 1862,  December  1,  Amasa 
Walker  succeeded  Goldsmith  F.  Bailey, deceased 
May  8,  1862  ;  1861,  December  2,  Samuel  Hooper 
succeeded  William  Appleton,  resigned. 

CONNECTICUT — 1861,  December  2,  Alfred  A. 
Burnham  qualified. 

PENNSYLVANIA — 1861,  December  2,  Charles  J. 
Biddle  qualified  ;  1862,  June  3,  John  D.  Stiles 
succeeded  T.  B.  Cooper,  deceased  April  4,  1862. 

VIRGINIA— 1861,  July  13,  John  S.  Carlile  re 
signed  to  take  a  seat  in  the  Senate;  1861,  De 
cember  2,  Jacob  B.  Blair  succeeded  John  S. 
Carlile,  resigned;  1862,  February  28,  Charles 
H.  Upton  unseated  by  a  vote  of  the  House ; 
1862,  May  6,  Joseph  Segar  qualified. 

KENTUCKY— 1862,  December  1,  George  H. 
Yeaman  succeeded  James  S.  Jackson,  deceased  ; 

1862,  March    10,   Samuel   L.    Casey    succeeded 
Henry  C.  Burnett,  expelled  December  3,  1861. 

TENNESSEE — 1861,  December  2,  Horace  May- 
nurd  qualified  ;  1862,  January  13,  Andrew  J. 
Clements  qualified;  1863,  February  25,  George 
W.  Bridges  qualified. 

ILLINOIS — 1861,  December  12,  A.  L.  Knapp 
qualified,  in  place  of  J.  A.  McClernand,  re 
signed ;  1862,  June  2,  William  J.  Allen  quali 
fied,  in  place  of  John  A.  Logan,  resigned  ; 

1863,  January  30,  William  A.  Richardson  with 
drew  to  take  a  seat  in  the  Senate. 


MISSOURI— 1862,    January     21,   Thomas    L.. 
Price  succeeded  John   W.    Reid,   expelled   De 
cember  2,  1861  ;   1862,  January  20,  William  A. 
Hall   succeeded  John   B.   Clark,  expelled   July 
13,  1861 ;  1862,  May  9,  John  S.  Phelps  qualified. 

IOWA— 1861,  Tecember  2,  James  F.  Wilson 
succeeded  Samuel  R.  Curtis,  resigned  August 
4,  1861. 

WISCONSIN — 1863,  January  26,  Walter  D. 
Mclndoe  succeeded  Luther  Hanchett,  deceased 
November  24,  1862. 

OREGON— 186.1,  July  30,  George  K.  Shiel 
succeeded  Andrew  J.  Thayer,  unseated. 

LOUISIANA — 1863,  February  1*7,  Michael 
Hahn  qualified  ;  1863,  February  23,  Benjamin 
F.  Flanders  qualified. 

President  Lincoln's  First  Message, 
July  4,  1861. 

Fellow- Citizens  of  the  Senate  and 

House  of  Representatives  : 

Having  been  convened  on  an  extraordinary 
occasion,  as  authorized  by  the  Constitution, 
your  attention  is  not,  called  to  any  ordinary 
subject  of  legislation. 

At  the  beginning  of  the  present  Presidential 
term,  four  months  ago,  the  functions  of  the 
Federal  Government  were  found  to  be  generally 
suspended  within  the  several  States  of  South. 
Carolina,  Georgia,  Alabama,  Mississippi,  Lou 
isiana,  and  Florida,  excepting  only  those  of  the 
Post  Office  Deportment. 

Within  these  States,  all  the  forts,  arsenals, 
dock-yards,  custom-houses,  and  the  like,  inclu 
ding  the  movable  and  stationary  property  in 
and  about  them,  had  been  seized,  and  were  held 
in  open  hostility  to  this  Government,  excepting 
only  Forts  Pickens,  Taylor,  and  Jefferson,  on. 
and  near  the  Florida  coast,  and  Fort  Sumter,  in 
j  Charleston  harbor,  South  Carolina  The  forts 
j  thus  seized  had  been  put  in  improved  condition  ; 
new  ones  had  been  built,  and  armed  forces  had 
been  organized,  and  were  organizing,  all  avow 
edly  with  the  same  hostile  purpose. 

The  forts  remaining  in  the  possession  of  the 
Federal  Government  in  and  near  these  States 
were  either  besieged   or  menaced    by  warlike 
preparations,  and  especially  Fort  Sumter  was 
nearly    surrounded    by    well-protected   hostile 
batteries,  with  guns  equal  in  quality  to  the  best 
of  its  own,  and  outnumbering  the  latter  as  per 
haps  ten  to  one      A  disproportionate  share  of 
the  Federal  muskets  and  rifles  had  somehow 
found  their  way  into  these  States,  and  had  been 
seized  to  be  used  against  the  Government.   Ac 
cumulations  of  the  public  revenue,  lying  within 
them,  had  been  seized  for  the  same  object.   The 
navy  was  scattered  in  distant  seas,  leaving  but 
a  very  small  part  of  it  within  the  immediate 
reach  of  the  Government     Officers  of  the  Fed- 
|  eral    army    and    navy    had    resigned  in  great 
numbers;  and  of  those  resigning  a   large   pro 
portion  had  taken  up  arms  against  the  Govern 
ment.     Simultaneously,  and  in  connection  with 
all  this,  the  purpose  to  sever  the  Federal  Union 
j  was  openly  avowed.     In  accordance  with  this 
:  purpose  an  ordinance  had  been  adopted  in  each 
|  of  these    States,  declaring  the  States,  respec- 
1  tively,  to  be  separated  from  the  National  Union,. 


124 


ADMINISTRATION    OP    ABRAHAM   LINCOLN. 


A  formula  for  instituting  a  combined  govern- 
•  ment  of  these  States  had  been  promulgated; 
and  this  illegal  organization,  in  tbe  character 
of  Confederate  States,  was  already  invoking 
recognition,  aid,  and  intervention  from  foreign 
Powers. 

Finding  this  condition  of  things,  and  believ 
ing  it  to  be  an  imperative  duty  upon  the  in 
coming  Executive  to  prevent,  if  possible,  the 
consummation  of  such  attempt  to  destroy  the 
Federal  Union,  a  choice  of  means  to  that  end 
became  indispensable.  This  choice  was  made, 
and  was  declared  in  the  inaugural  address.  The 
policy  chosen  looked  to  the  exhaustion  of  all 
peaceful  measures  before  a  resort  to  any  stronger 
ones.  It  sought  only  to  hold  the  public  places 
and  property  not  already  wrested  from  the 
Government,  and  to  collect  the  revenue  ;  rely 
ing  for  the  rest  on  time,  discussion,  and  the 
ballot-box.  It  promised  a  continuance  of  the 
mails,  at  Government  expense,  to  the  very 
people  who  were  resisting  the  Government; 
and  it  gave  repeated  pledges  against  any  dis 
turbance  to  any  of  the  people,  or  any  of  their 
rights.  Of  all  that  which  a  President  might 
constitutionally  and  justifiably  do  in  such  a 
case,  everything  was  forborne  without  which 
it  was  believed  possible  to  keep  the  Government 
on  foot. 

On  the  5th  of  March  (the  present  incumbent's 
first  full  day  in  office)  a  letter  of  Major  Ander 
son,  commanding  at  Fort  Sumter,  written  on 
the  28th  of  February,  and  received  at  the  War 
Dep->rtment  on  the  4th  of  March,  was,  by  that 
Department,  placed  in  his  hands  This  letter 
expressed  the  professional  opinion  of  the  writer 
that  reinforcements  could  not  be  thrown  into 
that  fort  within  the  time  for  his  relief,  rendered 
necessary  by  the  limited  supply  of  provisions, 
and  with  a  view  of  holding  possession  of  the 
same,  with  a  force  of  less  than  twenty  thousand 
good  and  well-disciplined  men.  This  opinion 
was  concurred  in  by  all  the  officers  of  his  com 
mand,  and  their  memoranda  on  the  subject  were 
made  enclosures  of  Major  Anderson's  letter. 
The  whole  was  immediately  laid  before  Lieut, 
General  Scott,  who  at  once  concurred  with 
Major  Anderson  in  opinion.  Oa  reflection,  how 
ever,  he  took  full  time,  consulting  with  other 
o'licers,  both  of  the  army  and  the  navy,  and,  at 
the  end  of  four  days,  came  reluctantly,  but 
decidedly,  to  the  same  conclusion  as  before.  He 
also  stated  at  the  same  time  that  no  such  suffi 
cient  force  was  then  at  the  control  of  the  Gov 
ernment,  or  could  be  raised  and  brought  to  the 
ground  within  the  time  when  the  provisions  in 
the  fort  would  be  exhausted.  In  a  purely  mi 
litary  point  of  view  this  reduced  the  duty  of 
the  Administration  in  the  case  to  mere  matter 
of  getting  the  garrison  safely  out  of  the  fort. 

It  was  believed,  however,  that  to  so  abandon 
that  position,  under  the  circumstances,  would 
be  utterly  ruinous ;  Jthat  the  necessity  under 
which  it  was  to  be  done  would  not  be  fully  un 
derstood  ;  that  by  many  it  would  be  construed 
as  a  port  of  a  voluntary  policy  ;  that  at  home 
it  would  discourage  the  friends  of  the  Union, 
embolden  its  adversaries,  and  go  far  to  insure 
to  the  latter  a  recognition  abroad  ;  that  in  fact 
it  would  be  our  national  destruction  consum 


mated.  This  could  not  be  allowed.  Starvation 
was  not  yet  upon  the  garrison  ;  and  ere  it  would 
be  reached  Fort  Pickens  might  be  re-inforced. 
This  last  would  be  a  clear  indication  of  policy, 
and  would  better  enable  the  country  to  accept 
the  evacuation  of  Fort  Sumter  as  a  military  ne 
cessity.  An  order  was  at  once  directed  to  be 
sent  for  the  landing  of  the  troops  from  the 
steamship  Brooklyn  into  Fort  Pickens.  This 
order  could  not  go  by  land,  but  must  take  the 
longer  and  slower  route  by  sea.  The  first  re 
turn  news  from  the  order  was  received  just  one 
week  before  the  fall  of  Fort  Sumter.  The  news 
itself  was  that  the  officer  commanding  the  Sa- 
bine,  to  which  vessel  the  troops  had  been  trans 
ferred  from  the  Brooklyn,  acting  upon  some 
quasi  armistice  of  the  late  Administration,  (and 
of  the  existence  of  which  the  present  Adminis 
tration,  up  to  the  time  the  order  was  dispatched, 
had  only  too  vague  and  uncertain  rumors  to  fix 
attention,)  had  refused  to  land  the  troops.  To 
now  reinforce  Fort  Pickens,  before  a  crisis 
would  be  reached  at  Fort  Sumter,  was  impos 
sible — rendered  so  by  the  near  exhaustion  of 
provisions  in  the  latter  named  fort.  In  pre 
caution  against  such  a  conjuncture  the  Govern 
ment  had,  a  few  days  before,  commenced  pre 
paring  an  expedition,  as  well  adapted  as  might 
be,  to  relieve  Fort  Sumter,  which  expedition 
was  intended  to  be  ultimately  used,  or  not,  ac 
cording  to  circumstances.  The  strongest  anti 
cipated  case  for  using  it  was  now  presented  ; 
and  it  was  resolved  to  send  it  forward.  As  had 
been  intended  in  this  contingency,  ;t  was 
resolved  to  notify  the  Governor  of  South  Caro 
lina  that  he  might  expect  an  attempt  would  be* 
made  to  provision  the  fort  ;*  and  that  if  the  at 
tempt  should  not  be  resisted  there  would  be  no 
effort  to  throw  in  men,  arms,  or  ammunition,  with 
out  further  notice,  or  in  case  of  an  attack  upon 
the  fort.  This  notice  was  accordingly  given  ; 
whereupon  the  fort  was  attacked  and  bombarded 
to  its  fall,  without  even  awaiting  the  arrival  of 
the  provisioning  expedition. 

It  is  thus  seen  that  the  assault  upon  and  re 
duction  of  Fort  Sumter  was,  in  no  sense  a  mat 
ter  of  self-defence  on  the  part  of  the  assailants. 
They  well  knew  that  the  garrison  in  the  fort 
could,  by  no  possibility,  commit  aggression 
upon  them.  They  knew — they  were  expressly 
notified — that  the  giving  of  bread  to  the  few 
brave  and  hungry  men  of  the  garrison  was  all 
which  would  on  that  occasion  be  attempted,  un 
less  themselves,  by  resisting  so  much,  should 
irovoke  more  They  knew  that  this  Govern 
ment  desired  to  keep  the  garrison  in  the  fort, 
not  to  assail  them,  but  merely  to  maintain  in 
visible  possession,  and  thus  to  preserve  the 
Union  from  actual  and  immediate  dissolution — 
rusting,  as  hereinbefore  stated,  to  time,  dis- 
jussion,  and  the  ballot-box  for  final  adjustment; 
and  they  assailed  and  reduced  the  fort  for  pre 
cisely  the  reverse  object — to  drive  out  the  via 
ble  authority  of  the  Federal  Union,  and  thus 
brce  it  to  immediate  dissolution.  That  this 
was  their  object  the  Executive  well  understood ; 
and  having  said  to  them,  in  the  Inaugural  Ad 
dress,  "you  can  have  no  conflict  without  being 


*  See  page  113. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


125 


yourselves  the  aggressors,"  he  took  pains  not  i 
only  to  keep  this  declaration  good,  but  al>o  to  j 
keep  the  case  so  frte  from  the  power  of  inge 
nious  sophistry  as  that  the  world  should  not 
be  able  to  misunderstand  it.  By  the  alfair  at 
Fort  Sumter,  w  th  its  surrounding  circumstan 
ces,  that  point  was  reached.  Then  and  thereby 
the  assailants  of  the  Government  began  the 
conflict  of  arms,  without  a  gun  in  sight  or  in 
expectancy  to  return  their  fire,  save  only  the  ; 
few  in  the  fort  sent  to  that  harbor  years  before 
for  the'r  own  protection,  and  still  ready  to  give 
that  protection  in  whatever  was  lawful.  In  this 
act,  discarding  all  else,  they  have  forced  upon 
the  country,  the  distinct  issue:  "Immediate 
dissolution  or  blood." 

And  this  issue  embraces  more  than  the 
fate  cf  these  United  States.  It  presents  to  the 
whole  family  of  man  the  question  whether  a 
Constitutional  Republic  or  Democracy — a  gov 
ernment  of  the  people  by  the  same  people — can 
or  cannot  maintain  its  territorial  integrity 
against  its  own  domestic  foes.  It  presents  the 
question  whether  discontented  individuals,  too 
lew  in  numbers  to  control  administration  ac 
cording  t  >  organic  law  in  any  case,  can  always, 
upon  the  pretences  made  in  this  case,  or  on  any 
other  pretences,  or  arbitrarily  without  any  pre 
tence,  break  up  their  Government,  and  thus 
practically  put  an  end  to  free  government  upon 
the  earth.  It  forces  us  to  ask:  "Is  there,  in 
all  republics,  this  inherent  and  fatal  weak 
ness  ?"  "  Must  a  Government  of  necessity  be 
too  strong  for  the  liberties  of  its  own  people,  or 
t  >o  weak  to  maintain  its  own  existence  ?" 

So  viewing  the  issue,  no  choice  was  left  but 
to  call  out  the  war  power  of  the  Government ; 
and  so  to  resist  force,  employed  for  its  destruc 
tion,  by  force,  for  its  preservation. 

The  call  was  made,  and  the  response  of  the 
country  was  most  gratifying,  surpassing  in 
unaiuimity  and  spirit  the  most  sanguine  expec 
tations.  Yet,  none  of  the  States  commonly  called 
si  ive  States,  except  Delaware,  gave  a  regiment 
through  regular  State  organization.  A  few  regi 
ments  have  been  organized  within  some  others 
of  those  States  by  individual  enterprise,  and  re 
ceived  into  the  Government  service.  Of  course, 
the  seceded  States,  so  called,  (and  to  which 
Texas  had  been  joined  about  the  time  of  the 
inauguration,)  gave  no  troops  to  the  cause  of 
the  Union.  The  border  States  so  called,  were 
not  uniform  in  their  action  ;  some  of  them  being 
almost  for  the  Union,  while  in  others — as  Vir 
ginia,  North  Carolina,  Tennessee,  and  Arkan 
sas — the  Union  sentiment  was  nearly  repressed 
and  silenced.  The  course  taken  in  Virginia  was 
the  most  remarkable,  perhaps  the  most  impor 
tant.  A  Convention,  elected  by  the  people  of 
that  State  to  consider  this  very  question  of  dis 
rupting  the  Federal  Union,  was  in  session  at  the 
capital  of  Virginia  when  Fort  Sumter  fell.  To 
this  body  the  people  had  chosen  a  large  major 
ity  of  professed  Union  men.  Almost  immediately 
after  the  fall  of  Sumter,  many  members  of  that 
majority  went  over  to  the  original  disunion  mi 
nority,  and,  with  them,  adopted  an  ordinance 
for  withdrawing  the  State  from  the  Union. 
Whether  this  change  was  wrought  by  their 
great  approval  of  the  assault  upon  Sumter,  or 


their  great  resentment  at  the  Government's  re 
sistance  to  that  assault,  is  not  definitely  known. 
Although  they  submitted  the  ordinanc  ,  for 
ratification,  to  a  vote  of  the  peop'e,  to  be  taken 
on  a  day  then  somewhat  more  than  a  month 
distant,  the  Convention,  and  the  Legislature, 
(which  was  also  in  session  at  the  same  time  and 
place,)  with  leading  men  of  the  State,  not  mem 
bers  of  either,  immediately  commenced  acting 
as  if  the  State  were  already  out  of  the  Union. 
They  pushed  military  preparations  vigorously 
forward  all  over  the  State.  They  seized  the 
United  States  armory  at  Harper's  Ferry,  and 
the  navy-yard  at  Gosport,  near  Norfolk.  They 
received — perhaps  invited — into  their  State 
large  bodies  •  f  troops,  with  their  warlike  ap 
pointments,  from  the  so-called  seceded  States. 
They  formally  entered  into  a  treaty  oftemporary 
alliance  and  co-operation  with  the  so-called 
"Confederate  States,"  and  sent  members  to 
their  Congress  at  Montgomery.  And.  finally, 
they  permitted  the  insurrectionary  Government 
to  be  transferred  to  their  capital  at  Richmond 

The  people  of  Virginia  have  thus  allowed 
this  giant  insurrection  to  make  its  nest  within 
her  borders  ;  and  this  Government  has  no  choice 
left  but  to  deal  with  it  where  it  finds  it.  And  it 
has  the  less  regret,  as  the  loyol  citizens  have, 
in  due  form,  claimed  its  protection.  Those  loyal 
citizens  this  Government  is  bound  to  recognize, 
and  protect,  as  being  Virginia. 

In  the  Border  States,  so-called — in  fact,  the 
Middle  States — there  are  those  who  favor  a  poli 
cy  which  they  call  "armed  neutrality  ;"  that  is, 
an  arming  of  those  States  to  prevent  the  Union 
forces  passing  one  way,  or  the  disunion  the 
other,  over  their  soil.  This  would  be  disunion 
completed.  Figuratively  speaking,  it  would  be 
the  building  of  an  impassable  waU  along  the 
line  of  separation  ;  and  yet  not  quite  an  impass 
able  one  ;  for,  under  the  guise  of  neutrality,  it 
would  tie  the  hands  of  the  Union  men,  and 
freely  pass  supplies  from  among  them  to  the  in 
surrectionists,  which  it  could  not  do  as  an  open 
enemy.  At  a  stroke  it  would  take  all  the  trou 
ble  off  the  hands  of  secession,  except  only  what 
proceeds  from  the  external  blockade.  It  would 
do  for  the  disunionists  that  which,  of  all  things, 
they  most  desire — feed  them  well,  and  give 
them  disunion  without  a  struggle  of  their  own. 
It  recognizes  no  fidelity  to  the  Constitution,  no 
obligation  to  maintain  the  Union  ;  and  while 
very  many  who  have  favored  it  are  doubtless 
loyal  citizens,  it  is,  nevertheless,  very  injurious 
in  effect. 

Recurring  to  the  action  of  the  Government, 
it  may  be  stated  that,  at  first,  a  call  was  made 
for  seventy-five  thousand  militia;  and  rapidly 
following  this,  a  proclamation  was  issued  for 
closing  the  ports  of  the  insurrectionary  dis 
tricts  by  proceedings  in  the  nature  of  block 
ade.  So  far  all  was  believed  to  be  strictly 
legal.  At  this  point  the  insurrectionists  an 
nounced  their  purpose  to  enter  upon  the  prac 
tice  of  privateering. 

Other  calls  were  made  for  volunteers  to  serve 
three  years,  unless  sooner  discharged,  and  also 
for  large  additions  to  the  regular  army  and 
navy.  These  measures,  whether  strictly  legal 
or  not,  were  ventured  upon,  under  what  ap- 


126 


ADMINISTRATION    Of  ABRAHAM    LINCOLN. 


peared  to  be  a  popular  demand  and  a  public 
necessity ;  trusting  then,  as  now,  that  Congress 
would  readily  ratify  them.  It  is  believed  that 
nothing  has  been  done  beyond  the  constitu 
tional  competency  of  Congress. 

Soon  after  the  first  call  for  militia  it  was 
considered  a  duty  to  authorize  the  Command 
ing  General,  in  proper  cases,  according  to  his 
discretion,  to  suspend  the  privilege  of  the  writ 
of  habeas  corpus,  or,  in  other  words,  to  arrest 
and  detain,  without  resort  to  the  ordinary  pro 
cesses  and  forms  of  law,  such  individuals  as 
he  might  deem  dangerous  to  the  public  safety. 
This  authority  has  purposely  been  exercised 
but  very  sparingly.  Nevertheless  the  legality 
and  propriety  of  what  has  been  done  under  it 
are  questioned,  and  the  attention  of  the  coun 
try  has  been  called  to  the  proposition  that  one 
•who  is  sworn  to  "  take  care  that  the  laws  be 
faithfully  executed"  should  not  himself  violate 
them.  Of  course  some  consideration  was  given 
to  the  questions  of  power  and  propriety  before 
this  matter  was  acted  upon.  The  whole  of 
the  laws  which  were  required  to  be  faithfully 
executed  were  being  resisted  and  failing  of 
execution  in  nearly  one  third  of  the  States. 
Must  they  be  allowed  to  finally  fail'of  execu 
tion,  even  had  it  been  perfectly  clear  that,  by 
the  use  of  the  means  necessary  to  their  execu 
tion,  some  single  law,  made  in  such  extreme 
tenderness  of  the  citizen's  liberty  that  practi 
cally  it  relieves  more  of  ihe  guilty  than  of  the 
innocent,  should  to  a  very  limited  extent  be 
vio'ated  ?  To  state  the  question  more  directly, 
are  all  the  laws  but  one  to  go  unexecuted  and 
the  Government  itself  go  to  pieces  lest  that  one 
be  violated  ?  Even  in  such  a  case  would  not 
the  official  oath  be  broken,  if  the  Government 
should  be  overthrown,  when  it  was  believed 
that  disregarding  the  single  law  would  tend  to 
preserve  it  ?  But  it  was  not  believed  that  this 
question  was  presented.  It  was  not  believed 
that  any  law  was  violated.  The  provision  of 
the  Constitution  that  "  the  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended  unless 
when,  in  cases  of  rebellion  or  invasion,  the  pub 
lic  safety  may  require  it,"  is  equivalent  to  a  pro 
vision,  is  a  provision,  that  such  privilege  may 
be  suspended  when,  in  cases  of  rebellion  or  in 
vasion,  the  public  safety  does  require  it.  It  was 
decided  that  we  have  a  case  of  rebellion,  and 
that  the  public  safety  does  require  the  qualified 
suspension  of  the  privilege  of  the  writ  which  was 
authorized  to  be  made.  Now  it  is  insisted  that 
Congress,  and  not  the  Executive,  is  vested  with 
this  power.  But  the  Constitution  itself  is  silent 
as  to  which  or  who  is  to  exercise  the  power  ; 
and  as  the  provision  was  plainly  made  for  a 
dangerous  emergency,  it  cannot  be  believed 
the  framers  of  the  instrument  intended  that  in 
every  case  the  danger  should  run  its  course  un 
til  Congress  could  be  called  together,  the  very 
assembling" of  which  might  be  prevented,  as 
was  intended  in  this  case,  by  the  rebellion. 

No  more  extended' argument  is  now  offered, 
as  an  opinion  at  some  length  will  probably  be 
presented  by  the  Attorney  General.  Whether 
(here  snail  beany  legislation  upon  the  subject, 
and  if  any,  what,  is  submitted  entirely  to  the 
better  judgment  of  Congress. 


The  forbearance  of  this  Government  had 
been  so  extraordinary,  and  so  long  continued 
as  to  lead  some  foreign  nations  to  shape  their 
action  as  if  they  supposed  the  early  destruction 
of  our  National  Union  was  probable.  While 
this,  on  discovery,  gave  the  Executive  some 
concern,  he  is  now  happy  to  say  that  the  sover 
eignty  and  rights  of  the  United  States  are  now 
everywhere  practically  respected  by  foreign 
Powers,  and  a  general  sympathy  with  the  coun 
try  is  manifested  throughout  the  world. 

The  reports  of  the  Secretaries  of  the  Treas 
ury,  War,  and  the  Navy  will  give  the  intorma- 
tion  in  detail  deemed  necessary  and  convenient 
for  your  deliberation  and  action ;  while  the 
Executive,  and  all  the  departments,  will  stand 
ready  to  supply  omissions,  or  to  communicate 
new  facts  considered  important  for  you  to 
know. 

It  is  now  recommended  that  you  give  the  legal 
means  for  making  this  contest  a  short  and  a 
decisive  one;  that  you  place  at  the  control  of 
the  Ciovernment,  for  the  work,  at  least  four 
hundred  thousand  men  and  four  hundred  mil 
lions  of  dollars.  That  number  of  men  is  about 
one  tenth  of  those  of  proper  ages  within  the 
regions  where,  apparently,  all  are  willing  to  en 
gage  ;  and  the  sum  is  less  than  a  twenty-third 
part  of  the  money  value  owned  by  the  men  who 
seem  ready  to  devote  the  whole.  A  debt  of  six 
hundred  millions  of  dollars  now,  is  a  less  sum 
per  head  than  was  the  debt  of  our  Revolution 
when  we  came  out  of  that  struggle ;  and  the 
money  value  in  the  country  now  bears  even  a 
greater  proportion  to  what  it  was  then  than  does 
the  population.  Surely,  each  man  has  as  strong 
a  motive  now  to  preserve  our  liberties  as  each 
had  then  to  establish  them. 

A  right  result,  at  this  time,  will  be  worth 
more  to  the  world  than  ten  times  the  men  and 
ten  times  the  money.  The  evidence  reaching 
us  from  the  country  leaves  no  doubt  that  the 
material  for  the  work  is  abundant;  and  that  it 
needs  only  the  hand  of  legislation  to  give  it 
legal  sanction,  and  the  hand  of  the  Executive 
to  give  it  practical  shape  and  efficiency.  One 
of  the  greatest  perplexities  of  the  Government 
is  to  avoid  receiving  troops  faster  than  it  can 
provide  for  them.  In  a  word,  the  people  will 
save  their  Government  if  the  Government 
itself  will  do  its  part  only  indifferently  well. 

It  might  seem,  at  first  thought,  to  be  of  little 
difference  whether  the  present  movement  at 
the  South  be  called  ''secession"  or  "rebel 
lion."  The  movers,  however,  well  understand 
the  difference.  At  the  beginning  they  knew 
they  could  never  raise  their  treason  to  any 
respectable  magnitude  by  any  name  which  im 
plies  violation  of  law.  They  knew  their  people 
possessed  as  much  of  moral  sense,  as  much  of 
devotion  to  law  and  order,  and  as  much  [.ride 
in  and  reverence  for  the  history  and  Govern 
ment  of  their  common  country  as  any  other 
civilized  and  patriotic  people.  They  knew 
they  could  make  no  advancement  directly  in 
the  teeth  of  these  strong  and  noble  sentiments. 
Accordingly  they  commenced  by  an  insidious 
debauching  of  the  public  mind.  They  invented 
an  ingenious  sophism,  which,  if  con*  eded,  was 
followed  by  perfectly  logical  steps,  through  all 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


127 


the  incidents,  to  the  complete  destruction  of 
the  Union.  The  sophism  itself  is,  that  any 
State  of  the  Union  may,  consistently  with  the 
national  Constitution,  and  therefore  lawfully 
and  peacefully,  withdraw  from  the  Union  with 
out  the  consent  of  the  Union  or  of  any  other- 
State.  The  little  disguise  that  the  supposed 
right  is  to  be  exercised  only  for  just,  cause, 
themselves  to  be  the  sole  judge  of  its  justice, 
is  too  thin  to  merit  any  notice. 

With  rebellion  thus  sugar-coated,  they  have 
been  drugging  the  public  mind  of  their  section 
for  more  than  thirty  years  ;  and  until  at  length 
they  have  brought  many  good  men  to  a  willing 
ness  to  take  up  arms  against  the  Government 
the  day  after  some  assemblage  of  men  have 
enacted  the  farcical  pretence  of  taking  their 
State  out  of  the  Union  who  could  have  been 
brought  to  no  such  thing  the  day  before. 

This  sophism  derives  much,  perhaps  the 
whole,  of  its  currency  from  the  assumption  that 
there  is  some  omnipotent  and  sacred  supremacy 
pertaining  to  a  State — to  each  State  of  our  Fede 
ral  Union.  Our  States  have  neither  more  nor 
less  power  than  that  reserved  to  them,  in  the 
Union,  by  the  Constitution — no  one  of  them 
ever  having  been  u  State  out  of  the  Union.  The 
original  ones  passed  into  the  Union  even  before 
they  cast  off  their  British  colonial  dependence; 
and  the  new  ones  each  came  into  the  Union  di 
rectly  from  a  condition  of  dependence,  except 
ing  Texas.  And  even  Texas,  in  its  temporary 
independence,  was  never  designated  a  State 
The  new  ones  only  took  the  designation  of 
States  on  coming  into  the  Union,  while  that 
name  was  first  adopted  for  the  old  ones  in  and 
by  the  Declaration  of  Independence.  Therein 
the  "United  Colonies''  were  declared  to  be 
"  free  and  independent  States ;"  but,  even  then, 
the  object  plainly  was  not  to  declare  their  inde 
pendence  of  one  another,  or  of  the  Union,  but 
directly  the  contrary,  as  their  mutual  pledge 
and  their  mutual  action,  before,  at  the  time 
and  afterwards,  abundantly  show.  The  express 
plighting  of  faith,  by  each  and  all  of  the  origi 
nal  thirteen,  in  the  Articles  of  Confederation, 
two  years  later,  that  the  Union  shall  be  per 
petual,  is  most  conclusive.  Having  never  been 
States,  either  in  substance  or  in  name,  outside 
of  the  Union,  whence  this  magical  omnipotence 
of  "  State  rights,"  asserting  a  claim  of  power  to 
lawfully  destroy  the  Union  itself?  iMuch  is 
said  about  the  "sovereignly"  of  the  States; 
but  the  word  even  is  not  in  the  National  Con 
stitution  ;  nor,  as  is  believed,  in  any  of  the  State 
constitutions.  What  is  a  '' soven  ignty,"  in  the 
political  sense  of  the  term?  Would  it  be  far 
w;  ong  to  define  it  '  a  political  community  with 
out  a  political  superior?"  Tested  by  this,  no 
one  of  our  States,  except  Texas,  ever  was  a  sove- 
reign'y.  And  even  Texas  gave  up  the  charac 
ter  on  coming  into  the  Union;  by  which  act 
she  acknowledged  the  Constitution  of  the  Uni 
ted  States,  and  the  laws  and  treaties  of  the 
United  States  made  in  pursuance  of  the  Consti 
tution,  to  be,  for  her,  the  supreme  law  nf  the 
land.  The  States  have  their  status  IN  the  Union, 
and  they  have  no  other  legal  #fato«.  If  they  break 
fro:.i  this,  they  can  only  do  so  against  law  and 
by  revolution.  The  Union,  and  not  themselves 


separately,  procured  their  independence  and 
their  liberty.  By  conquest,  or  purchase,  the 
Union  gave  each  of  them  whatever  of  independ 
ence  and  liberty  it  has.  The  Union  is  older 
than  any  of  the  States,  and,  in  fact,  it  created 
them  as  States.  Originally  some  dependent  col 
onies  made  the  Union,  and,  in  turn,  the  Union 
threw  off  their  old  dependence  for  them,  and 
made  them  States,  such  as  they  are.  Not  one 
of  them  ever  had  a  State  constitution  independ 
ent  of  the  Union.  Of  course  it  is  not  forgotten 
that  all  the  new  States  framed  their  constitu 
tions  before  they  entered  the  Union  ;  neverthe 
less,  dependent  upon  and  preparatory  to  coming 
into  the  Union. 

Unquestionably  the  States  have  the  powers 
and  rights  reserved  to  them  in  and  by  the  Na 
tional  Constitution  ;  but  among  them  surely 
are  not  included  all  conceivable  powers,  how 
ever  mischievous  or  destructive,  but,  at  most, 
such  only  as  were  known  in  the  world  at  the 
time  as  governmental  powers  ;  and  certainly  a 
power  to  destroy  the  Government  itself  had 
never  been  known  as  a  governmental,  as  a 
merely  administrative  power.  This  relative 
matter  of  national  rower  and  State  rights,  as  a 
principle,  is  no  other  than  the  principle  at  gen 
erality  and  locality.  Whatever  concerns  the 
whole  should  be  confided  to  the  whole — to  the 
General  Government ;  while  whatever  concerns 
only  the  State  should  be  ieft  exclusively  to  the 
State.  This  is  all  there  is  of  original  principle 
about  it.  Whether  the  National  Constitution, 
in  d'  fining  boundaries  between  the  two,  has 
applied  the  principle  with  exact  accuracy,  is 
not  to  be  questioned.  We  are  all  bound  by 
that  defining,  without  question. 

What  is  now  combatted  is  the  position  that 
secession  is  consistent  with  the  Constitution — is 
lawful  and  peaceful.  It  is  not  contended  that 
there  is  any  express  law  for  it ;  and  nothing 
should  ever  be  implied  as  law  which  leads  to 
unjust  or  absurd  consequences.  The  nation 
purchased  with  money  the  countries  out  of 
which  several  of  these  States  were  formed.  Is 
it  just  t'-at  they  shall  go  off  without  leave,  and 
without  refunding?  The  nation  paid  very  large 
sums  (in  the  aggregate,  I  believe,  nearly  a  hun 
dred  millions)  to  relieve  Florida  of  the  aborigi 
nal  tribes.  Is  it  just  that  they  shall  now  be  off 
without  consent,  or  without  making  any  re 
turn?  The  nation  is  now  in  debt  for  money 
applied  to  the  benefit  of  these  so-called  sece 
ding  States,  in  common  with  the  rest.  Is  it 
just  either  that  creditors  shall  go  unpaid  or  the 
remaining  States  pny  the  whole?  A  part  of 
the  present  national  debt  was  contracted  to  pay 
the  old  debts  of  Texas.  Is  it  just  that  she  shai 
leave  and  pay  no  part  of  this  herself? 

Again,  if  one  State  may  secede,  so  may  an 
other  ;  and  Avhen  all  shall  have  seceded,  none  is 
left  to  pay  the  debts.  Is  this  quite  just  to  credi 
tors  ?  Did  we  notify  them  of  this  sage  view  of 
ours  when  we  borrowed  their  money  ?  If  we  now 
recognize  this  doctrine  by  allowing  the  secoders 
to.  go  in  peace,  it  is  difficult  to  see  wha  we  can 
do  if  others  choose  to  go,  or  to  extort  terms 
upon  which  they  will  promise  to  remain. 

The  seceders  insist  that  our  Constitution 
admits  of  secession.  They  have  assumed  to 


128 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


make  a  national  constitution  of  their  own,  in 
which,  of  necessity,  tbey  have  either  discarded 
or  retained  the  right  of  secession  as.  they  insist, 
;t  exists  in  ours.  If  they  have  discarded  it 
they  thereby  admit  that,  on  principle,  it  ought 
not  to  be  in  ours.  If  they  have  retained  it  by 
their  own  construction  of  ours,  they  show  that 
to  be  consistent  they  must  secede  from  one 
another  whenever  they  shall  find  it  the  easiest 
way  of  settling  their  debts,  or  effecting  ar-y 
other  selfish  or  unjust  object.  The  principle 
itself  is  one  of  disintegration,  and  upon  which 
no  Government  can  possibly  endure. 

If  all  the  States  save  one  should  assert  the 
power  to  drive  that  one  out  of  the  Union,  it  is 
presumed  the  whole  class  of  seceder  politicians 
\vould  at  once  deny  the  power  and  denounce 
the  act  as  the  greatest  outrage  upon  State  rights. 
But  suppose  that  precisely  the  same  act,  in 
stead  of  being  called  "driving  the  one  out," 
should  be  called  "  the  seceding  of  all  the  others 
from  that  one,"  it  would  be  exactly  what  the 
seceders  claim  to  do  ;  un  ess,  indeed,  they  make 
the  point  that  the  one,  because  it  is  a  minority, 
may  rightfully  do  what  the  others,  because 
they  are  a  majority,  m-iy  not  rightfully  do. 
These  politicians  are  subtle  and  profound  on 
the  rights  of  minorities.  They  are  not  partial 
co  that  power  which  made  the  Constitution,  and 
speaks  from  the  preamble,  calling  itself  u  We, 
the  People." 

!t  may  well  be  questioned  whether  there  is 
to-day  a  majority  of  the  legally  qualified  voters 
of  any  State,  except  perhaps  South  Carolina, 
in  favor  of  disunion.  There  is  much  reason 
to  believe  that  the  Union  men  are  the  majority 
in  many,  if  not  in  every  other  one,  of  the  so- 
called  Seceded  States.  The  contrary  has  not 
been  demonstrated  in  any  one  of  them.  It  is 
ventured  to  affirm  this,  even  of  Virginia  and 
Tennessee;  for  the  results  of  an  election,  held 
in  military  camps,  where  the  bayonets  are  all 
on  one  side  of  the  question  voted  upon,  can 
scarcely  be  considered  as  demonstrating  popular 
sentiment.  At  such  an  elect  ion  nil  thelarge  class 
whoare,  atonce,/or'the  Union,  and  against  coer 
cion,  would  be  coerced  to  voteagainst the  Union. 

It  may  be  affirmed,  without  extravagance, 
that  the  free  institutions  we  enjoy  have  devel 
oped  the  powers  and  improved  the  condition  of 
our  whole  people  beyond  any  example  in  the 
world.  Of  this  we  now  have  a  striking  and  an 
impressive  illustration.  So  large  an  army  as 
the  Government  has  now  on  foot  was  never  be 
fore  known,  without  a  soldier  in  it  but  who  had 
taken  his  place  there  of  his  own  free  choice. 
But  more  than  this:  there  are  many  single  regi 
ments  whose  members,  one  and  another,  pos 
sess  full  practical  knowledge  of  all  the  arts, 
sciences,  professions,  and  whatever  else,  whether 
useful  or  elegant,  is  known  in  the  world;  and 
there  is  scarcely  one  from  which  there  could 
not  be  selected  a  President,  a  Cabinet,  a  Con 
gress,  and  perhaps  a  Court,  abundantly  compe 
tent  to  administer  the  Government  itse;f.  Nor 
do  I  say  this  is  not  true  also  in  the  army  of  our 
late  friends,  now  adversaries,  in  this  contest; 
but  if  it  is,  so  much  better  the  reason  why  the 
(Government,  which  has  conferred  such  benefits  i 
on  both  them  and  us,  should  not  be  broken  up.  I 


Whoever,  in  any  section,  proposes  to  abandon 
such  a  Government  would  do  well  to  consider  in 
deference  to  what  principle  it  is  that  he  does  it, 
what,  better  he  is  likely  to  get  in  its  stead, 
whether  the  substitute  will  give  or  be  intended 
to  give  so  much  of  good  to  the  people.  There 
are  some  foreshadowings  on  thn  subject.  Our 
adversaries  have  adopted  some  decla  ation  of 
independence,  in  which,  unlike  the  good  old 
one  pen-  ed  by  Jefferson,  they  omit  the  words 
"all  men  are  created  equal."  Why?  They 
have  adopted  a  temporary  National  Constitu 
tion,  in  the  preamble  of  which,  unlike  our  good 
old  one  signed  by  Washington,  they  omit*'  We, 
tnepeople,"  and  substitute.  "  We,  the  deputies  of 
the  sovereign  and  independent  States."  Why? 
Why  this  d'- liberate  pressing  out  of  view  the 
rights  of  men  and  the  authority  of  the  people  ? 

This  is  essentially  a  People's  contest.  On 
the  f.  ide  of  the  Unijn  it  is  a  struggle  for  main- 
tai  ing  in  the  woild  that  form  arid  substance  of 
government  whose  leading  object  is  to  elevate 
the  condition  of  men,  to  'ift  artificial  weights 
from  all  shoulders,  to  clear  the  paths  of  laud 
able  pursuit  for  all,  to  afford  all  an  unfettered 
start  and  a  fair  chance  in  the  race  of  life. 
Yielding  to  partial  and  temporary  departures 
from  necessity,  this  is  the  leading  object  of  the 
Government  for  whose  existence  we  cont' nd 

I  am  most  happy  to  belie1  e  that  the  plain 
people  understand  and  appreciate  this.  It  is 
worthy  of  note  that,  while  in  this  the  Govern 
ment's  hour  of  trial,  large  numbers  of  those  in 
the  Army  and  Navy  who  have  been  favored 
with  the  offices  have  resigned,  and  proved  false 
to  the  hand  which  bad  pampered  them,  not  one 
common  soldier  or  common  sailor  is  known  to 
have  deserted  his  flag. 

Great  honor  is  due  to  those  officers  who  re 
mained  true,  despite  the  example  of  their  treach 
erous  associates;  but  the  greatest  honor  and 
most  important  fact  of  all  is  the  unanimous 
firmness  of  the  common  soldiers  and  common 
sailors.  To  the  last  m.an,  so  far  as  known,  they 
have  successfully  resisted  the  traitorous  efforts 
of  those  whose  commands  but  an  hour  before 
they  obeyed  as  absolute  law.  This  is  the  patri 
otic  instinct  of  plain  people.  They  understand, 
without  an  argument,  that  the  destroying  the 
Government  which  was  made  by  Washington 
means  no  good  to  them. 

Our  popular  Government  has  often  been 
called  an  experiment.  Two  points  in  it  our 
people  have  already  settled — the  successful  es 
tablishing  and  the  successful  administering  of  it. 
One  still  remains — its  successful  maintenance 
against  a  formidable  internal  attempt  to  over 
throw  it.  It  is  now  for  them  to  demonstrate  to 
the  world  that  those  who  can  fairly  carry  an 
election  can  also  suppress  a  rebellion;  that  bal 
lots  are  the  rightful  and  peaceful  successors  of 
bullets;  and  that  when  ballots  have  fairly  and 
constitutionally  decided,  there  can  be  no  suc 
cessful  appeal  back  to  bullets ;  that  the:e  cai/ 
be  no  successful  appeal  except  to  ballots  them 
selves  at  succeeding  elections.  Such  will  be  a 
great  lesson  of  peace,  teaching  men  that  what 
they  cannot  take  by  an  election,  neither  can 
they  take  it  by  a  war;  teaching  all  the  folly  of 
being  the  beginners  of  a  war. 


ADMINISTRATION    OF 

Lest  there  be  some  uneasiness  in  the  minds 
of  candid  men  as  to  what  is  to  be  the  course  of 
the  Government  towards  the  Southern  States 
aftt  *he  rebellion  shall  have  been  suppressed, 
the  Executive  deems  it  proper  to  say,  it  will  be 
his  purpose  then,  as  ever,  to  be  guided  by  the 
Constitution  and  the  laws ;  and  that  he  prob 
ably  will  have  no  different  understanding  of  the 
powers  and  duties  of  the  Federal  Government 
relatively  to  the  rights  of  the  States  and  the 
people,  under  the  Constitution,  than  that  ex 
pressed  in  the  inaugural  address. 

He  desires  to  preserve  the  Government,  that 
it  may  be  administered  for  all,  as  it  was  admin 
istered  by  the  men  who  made  it.  Loyal  citizens 
everywhere  have  the  right  to  claim  this  of  their 
Government,  and  the  Government  has  no  right 
to  withhold  or  neglect  it.  It  is  not  perceived 
that,  in  giving  it,  there  is  any  coercion,  any 
conquest,  or  any  subjugation,  in  any  just  sense 
of  those  terms. 

The  Constitution  provides,  and  all  the  States 
have  accepted  the  provision,  that  ''the  United 
States  shall  guaranty  to  every  State  in  this 
Union  a  republican  form  of  government."  But, 
if  a  State  may  lawfully  go  out  of  the  Union, 
having  done  so,  it  may  also  discard  the  repub 
lican  form  of  government ;  so  that  to  prevent 
its  going  out  is  an  indispensable  means  to  the 
end  of  maintaining  the  guarantee  mentioned  ; 
and  when  an  end  is  lawful  and  obligatory,  the 
indispensable  means  to  it  are  also  lawful  and 
obligatory. 

It  was  with  the  deepest  regret  that  the  Execu 
tive  found  the  duty  of  employing  the  war 
power,  in  defence  of  the  Government,  forced 
upon  him.  He  could  but  perform  this  duty  or 
surrender  the  existence  of  the  Government. 
No  compromise  by  public  servants  could  in  this 
case  be  a  cure;  not  that  compromises  are  not 
often  proper,  but  that  no  popular  government 
can  long  survive  a  marked  precedent,  that  those 
who  carry  an  election  can  only  save  the  Gov 
ernment  from  immediate  destruction  by  giving 
up  the  main  point  upon  which  the  people  gave 
the  election.  The  people  themselves,  and  not 
their  servants,  can  safely  reverse  their  own 
deliberate  decisions. 

As  a  private  citizen  the  Executive  could  not 
have  consented  that  these  institutions  shall 
perish  ;  much  less  could  he  in  betrayal  of  so 
vast  and  so  sacred  a  trust  as  these  free  people 
had  confided  to  him.  He  felt  that  he  had  no 
moral  right  to  shrink,  nor  even  to  count  the 
chances  of  his  own  life,  in  what  might  follow. 
In  full  view  of  his  great  responsibility  he  has, 
so  far,  done  what  he  has  deemed  his  duty. 
You  will  now,  according  to  your  own  judgment, 
perform  yours.  He  sincerely  hopes  that  your 
views  arid  your  action  may  so  accord  with  his 
as  to  assure  nil  faithful  citizens,  who  have 
been  disturbed  in  their  rights,  of  a  certain  and 
spceuy  restoration  to  them  under  the  Constitu 
tion  and  the  laws. 

And  having  thus  chosen  our  course,  without 
guile  and  with  pure  purpose,  let  us  renew  our 
trust  in  God,  and  go  forward  without  fear  and 
with  manly  hearts. 

ABRAHAM   LINCOLN. 

July  4,  1861. 

9 


ABRAHAM    LINCOLN.   //I  T  JJ  Jf  $J  H 

President    Lincoln's    First     Annual 
Message,  Dec.  3,  1861. 


Fellow -Citizens  of  the  Senate 

and  House  of  Representatives : 

In  the  midst  of  unprecedented  political 
troubles,  we  have  cause  of  great  gratitude  to 
God  for  unusual  good  health,  and  most  abund 
ant  harvests. 

You  will  not  be  surprised  to  learn  that  in 
the  peculiar  exigencies  of  the  times,  our  inter 
course  with  foreign  nations  has  been  attended 
with  profound  solicitude,  chiefly  turning  upon 
our  own  domestic  affairs. 

A  disloyal  portion  of  the  American  people 
have,  during  the  whole  year,  been  engaged  in 
an  attempt  to  divide  and  destroy  the  Union.  A 
nation  which  endures  factious  domestic  divis 
ion,  is  exposed  to  disrespect  abroad  ;  and  one 
party,  if  not  both,  is  sure,  sooner  or  later,  to 
invoke  foreign  intervention. 

Nations  thus  tempted  to  interfere,  are  not  al 
ways  able  to  resist  the  counsels  of  seeming 
expediency  and  ungenerous  ambition,  although 
measures  adopted  under  such  influences  sel 
dom  fail  to  be  unfortunate  and  injurious  to 
those  adopting  them. 

The  disloyal  citizens  of  the  United  States 
who  have  offered  the  ruin  of  our  country,  in 
return  for  the  aid  and  comfort  which  they  have 
invoked  abroad,  have  received  less  pa'ronage 
and  encouragement  than  they  probably  ex 
pected.  If  it  were  just  to  suppose,  as  the 
insurgents  have  seemed  to  assume,  that  foreign 
nations,  in  this  case,  discarding  all  moral, 
social,  and  treaty  obligations,  would  act  solely, 
and  selfishly,  for  the  speedy  restoration  of 
commerce,  including,  especially,  the  acquisi 
tion  of  cotton,  those  nations  appear,  as  yet,  not 
to  have  seen  their  way  to  their  object  more  di 
rectly  or  clearly  through  the  destruction,  than 
through  the  preservation,  of  the  Union.  If  we 
could  dare  to  believe  that  foreign  nations  are 
actuated  by  no  higher  principle  than  this,  I  am 
quite  sure  a  sound  argument  could  be  made  to 
show  them  that  they  can  reach  their  aim  more 
readily  and  easily  by  aiding  to  crush  this  re 
bellion  than  by  giving  encouragement  to  it. 

The  principal  lever  relied  on  by  these  insur 
gents  for  exciting  foreign  nations  to  hostility 
against  us,  as  already  intimated,  is  the  embar 
rassment  of  commerce.  Those  nations,  how 
ever,  not  improbably,  saw  from  the  first  that  it 
was  the  Union  which  made  as  well  our  foreign 
as  our  domestic  commerce.  They  can  scarcely 
have  failed  to  perceive  that  the  effort  for  dis 
union  produces  the  existing  difficulty  ;  and  that 
one  strong  nation  promises  more  durable  peace, 
and  a  more  extensive,  valuable,  and  reliable 
commerce,  than  oan  the  same  nation  broken 
into  hostile  fragments. 

It  is  not  my  purpose  to  review  our  discussion? 
with  foreign  States;  because  whatever  might 
be  their  wishes  or  dispositions,  the  integrity  of 
our  country,  and  the  stability  of  our  Govern 
ment,  mainly  depend,  not  upon  them,  but  on 
the  loyalty,  virtue,  patriotism,  and  intelligence 
of  the  American  people.  The  correspondence 
itself,  with  the  usual  reservations,  is  herewith 
submitted. 


130 


ADMINISTRATION   OP   ABRAHAM    LINCOLN. 


I  venture  to  hope  it  will  appear  that  we  have 
practiced  prudence  and  liberality  toward  for 
eign  Powers,  averting  causes  of  irritation,  and, 
with  firmness,  maintaining  our  own  rights  and 
honor. 

Since,  however,  it  is  apparent  that  here,  as  in 
every  other  State,  foreign  dangers  necessarily 
attend  domestic  difficulties,  I  recommend  that 
adequate  and  ample  measures  be  adopted  for 
maintaining  the  public  defenses  on  every  side. 
While,  under  this  general  recommendation,  pro 
vision  for  defending  our  sea-coast  line  readily 
occurs  to  the  mind,  I  also,  in  the  same  connec 
tion,  ask  the  attention  of  Congress  to  our  great 
lakes  and  rivers.  It  is  believed  that  some  forti-, 
fications  and  depots  of  arms  and  munitions, 
with  harbor  and  navigation  improvements,  all 
at  well  selected  points  upon  these,  would  be  of 
great  importance  to  the  national  defense  and 
preservation.  I  ask  attention  to  the  views  of 
the  Secretary  of  War,  expressed  in  his  report, 
upon  the  same  general  subject. 

I  deem  it  of  importance  that  the  loyal  regions 
of  East  Tennessee  and  Western  North  Carolina 
should  be  connected  with  Kentucky,  and  other 
faithful  parts  of  the  Union,  by  railroad.  I  there 
fore  recommend,  as  a  military  measure,  that 
Congress  provide  for  the  construction  of  such 
road,  as  speedily  as  possible.  Kentucky,  no 
doubt,  will  co-operate,  and,  through  her  Legis 
lature,  make  the  most  judicious  selection  of  a 
line.  The  northern  terminus  must  connect  with 
some  existing  railroad  ;  and  whether  the  route 
shall  be  from  Lexington,  or  Nicholasville,  to  the 
"Cumberland  Gap;  or  from  Lebanon  to  the  Ten 
nessee  line,  in  the  direction  of  Knoxville  ;  or  on 
some  still  different  line,  can  easily  be  determ 
ined.  Kentucky  and  the  General  Government 
co-operating,  the  work  can  be  completed  in  a 
very  shore  time;  and  when  done,  it  will  be  not 
only  of  vast  present  usefulness,  but  also  a  valu 
able  permanent  improvement,  worth  its  cost  in 
all  the  future. 

Some  treaties,  designed  chiefly  for  the  inter 
ests  of  commerce,  and  having  no  grave  political 
importance,  have  been  negotiated,  and  will  be 
submitted  to  the  Senate  for  their  consideration. 

Although  we  have  failed  to  induce  some  of 
the  commercial  Powers  to  adopt  a  desirable 
melioration  of  the  rigor  of  maritime  war,  we 
have  removed  all  obstructions  from  the  way  of 
this  humane  reform,  except  such  as  are  merely 
of  temporary  and  accidental  occurrence. 

I  invite  your  attention  to  the  correspondence 
between  her  Britannic  Majesty's  minister  ac 
credited  to  this  Government  and  the  Secretary 
of  State,  relative  to  the  detention  of  the  British 
ship  Perthshire,  in  June  last,  by  the  United 
States  steamer  Massachusetts,  for  a  supposed 
breach  of  the  blockade.  As  this  detention  was 
occasioned  by  an  obvious  misapprehension  of 
the  facts,  and  as  justice  requires  that  we  should 
commit  no  belligerent  act  not  founded  in  strict 
right,  as  sanctioned  by  public  law,  I  recommend 
that  an  appropriation  be  made  to  satisfy  the 
reasonable  demand  of  the  owners  of  the  vessel 
for  her  detention. 

I  repeat  the  recommendation  of  my  predeces 
sor,  in  his  annual  message  to  Congress  in  De 
cember  last,  in  regard  to  the  disposition  of  the 


j  surplus  which  will  probably  remain  after  sati*- 
j  fying  the  claims  of  American  citizens  against 
China,  pursuant  to  the  awards  of  the  commis 
sioners  under  the  act  of  the  3d  of  March,  1859. 
If,  however,  it  should  not  be  deemed  advisable 
to  carry  that  recommendation  into  effect,  I 
would  suggest  that  authority  be  given  for  in 
vesting  the  principal,  over  the  proceeds  of  the 
surplus  referred  to,  in  good  securities,  with  a 
view  to  the  satisfaction  of  such  other  just  claims 
of  our  citizens  against  China  as  are  not  un 
likely  to  arise  hereafter  in  the  course  of  our 
extensive  trade  with  that  empire. 

By  the  act  of  the  5th  of  August  last,  Congress 
authorized  the  President  to  instruct  the  com 
manders  of  suitable  vessels  to  defend  them 
selves  against,  and  to  capture  pirates.  Thio 
authority  has  been  exercised  in  single  instances 
only.  For  the  more  effectual  protection  of  our 
extensive  and  valuable  commerce,  in  the  east 
ern  seas  especially,  it  seems  to  me  that  it  would 
also  be  advisable  to  authorize  the  commanders 
of  sailing  vessels  to  recapture  any  prizes  which 
pirates  may  make  of  United  States  vessels  and 
their  cargoes,  and  the  consular  courts,  now  es 
tablished  by  law  in  eastern  countries,  to  adju 
dicate  the  case,  in  the  event  that  this  should 
not  be  objected  to  by  the  local  authorities. 

If  any  good  reason  exists  why  we  should  per 
severe  longer  in  withholding  our  recognition  of 
the  independence  and  sovereignty  of  Hayti  and 
Liberia,  I  am  unable  to  discern  it.  Unwilling, 
however,  to  inaugurate  a  novel  policy  in  regard 
to  them  without  the  approbation  of  Congress,  I 
submit  for  your  consideration  the  expediency 
of  an  appropriation  for  maintaining  a  charge 
d'affaires  near  each  of  those  new  States.  It 
does  not  admit  of  doubt  that  important  com 
mercial  advantages  might  be  secured  by  favor 
able  treaties  with  them. 

The  operations  of  the  Treasury  during  the 
period  which  has  elapsed  since  your  adjourn 
ment  have  been  conducted  with  signal  success. 
The  patriotism  of  the  people  has  placed  at  the 
disposal  of  the  Government  the  large  means 
demanded  by  the  public  exigencies.  Much  of 
the  national  loan  has  been  taken  by  citizens  of 
the  industrial  classes,  whose  confidence  in  their 
country's  faith,  and  zeal  for  their  country's 
deliverance  from  present  peril,  have  induced 
them  to  contribute  to  the  support  of  the  Gov 
ernment  the  whole  of  their  limited  acquisitions. 
This  fact  imposes  peculiar  obligations  to  econ 
omy  in  disbursement  and  energy  in  action. 

The  revenue  from  all  sources,  including  loans, 
for  the  financial  year  ending  on  the  30th  June, 
1861,  was  $86,835,900  27,  and  the  expenditures 
for  the  same  period,  including  payments  on  ac 
count  of  the  public  debt,  were  $84,578,834  47  ; 
leaving  a  balance  in  the  Treasury,  on  the  1st 
July,  of  $2,257,065  80.  For  the  first  quarter  of 
the  financial  year,  ending  on  the  30th  Septem 
ber,  1861,  the  receipts  from  all  sources,  inclu 
ding  the  balance  of  1st  of  July,  were  $102,532,- 
509  27,  and  the  expenses  $98,239,733  09  ;  leav 
ing  a  balance  on  the  1st  of  October,  1861,  of 
$4,292,776  18. 

Estimates  for  the  remaining  three  quarters 
of  the  year,  and  for  the  financial  year  1863, 
together  with  his  views  of  ways  and  means  for 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


131 


meeting  the  demands  contemplated  by  them, 
will  be  submitted  to  Congress  by  the  Secretary 
of  the  Treasury.  It  is  gratifying  to  know  that 
the  expenditures  made  necessary  by  the  rebel 
lion  are  not  beyond  the  resources  of  the  loyal 
people,  and  to  believe  that  the  same  patriotism 
which  has  thus  far  sustained  the  Government 
will  continue  to  susta'n  it  till  peace  and  union 
shall  again  bless  the  land. 

I  respectfully  refer  to  the  report  of  the  Secre 
tary  of  War  for  information  respecting  the  nu 
merical  strength  of  the  Army,  and  for  recom 
mendations  having  in  view  an  increase  of  its 
efficiency  and  the  well-being  of  the  various 
branches  of  the  service  intrusted  to  his  care. 
It  is  gratifying  to  know  that  the  patriotism  of 
the  people  has  proved  equal  to  the  occasion, 
and  that  the  number  of  troops  tendered  greatly 
exceeds  the  force  which  Congress  authorized 
me  to  call  into  the  field. 

I  refer  with  pleasure  to  those  portions  of  his 
report  which  make  allusion  to  the  creditable 
degree  of  discipline  already  attained  by  our 
troops,  and  to  the  excellent  sanitary  condition 
of  the  entire  army. 

The  recommendation  of  the  Secretary  for  an 
organization  of  the  militia  upon  a  uniform 
basis,  is  a  subject  of  vital  importance  to  the 
future  safety  of  the  country,  and  is  commended 
to  the  serious  attention  of  Congress. 

The  large  addition  to  the  regular  army,  in 
connection  with  the  defection  that  has  so  con 
siderably  diminished  the  number  of  its  officers, 
gives  peculiar  importance  to  his  recommenda 
tion  for  increasing  the  corps  of  cadets  to  the 
greatest  capacity  of  the  Military  Academy. 

By  mere  omission,  I  presume,  Congress  has 
failed  to  provide  chaplains  for  hospitals  occu 
pied  by  volunteers.  This  subject  was  brought 
to  my  notice,  and  I  was  induced  to  draw  up 
the  form  of  a  letter,  one  copy  of  which, 
properly  addressed,  has  been  delivered  to  each 
of  the  persons,  and  at  the  dates  respectively 
named  and  stated,  in  a  schedule,  containing 
also  the  form  of  the  letter,  marked  A,  and 
herewith  transmitted. 

These  gentlemen,  I  understand,  entered  upon 
the  duties  designated,  at  the  times  respectively 
stated  in  the  schedule,  and  have  labored  faith 
fully  therein  ever  since.  I  therefore  recom 
mend  that  they  be  compensated  at  the  same 
rate  as  chaplains  in  the  army.  I  further  sug 
gest  that  general  provision  be  made  for  chap 
lains  to  serve  in  hospitals,  as  well  as  with 
regiments. 

The  report  of  the  Secretary  of  the  Navy  pre 
sents  in  detail  the  operations  of  that  branch  of 
the  service,  the  activity  and  energy  which  have 
characterized  its  administration,  and  the  re 
sults  of  measures  to  increase  its  efficiency  and 
power.  Such  have  been  the  additions,  by  con 
struction  and  purchase,  that  it  may  almost  be 
said  a  navy  has  been  created  and  brought  into 
service  s'nce  our  difficulties  commenced. 

Besides  blockading  our  extensive  coast, 
squadrons  larger  than  ever  before  assembled 
under  our  flag  have  been  put  afloat  and  per 
formed  deeds  which  have  increased  our  naval 
renown. 

I  would  invite  special  attention  to  the  recom 


mendation  of  the  Secretary  for  a  more  perfect 
organization  of  the  navy  by  introducing  ad 
ditional  grades  in  the  service. 

The  present  organization  is  defective  and  un 
satisfactory,  and  the  suggestions  submitted  by 
the  Department  will,  it  is  believed,  if  adopted, 
obviate  the  difficulties  alluded  to,  promote 
harmony,  and  increase  the  efficiency  of  the 
Navy. 

There  are  three  vacancies  on  the  bench  of 
the  Supreme  Court — two  by  the  decease  of  Jus 
tices  Daniel  and  McLean,  and  one  by  the  resig 
nation  of  Justice  Campbell.  I  have  so  far  for 
borne  making  nominations  to  fill  these  vacancies 
for  reasons  which  I  will  now  state.  Two  of  the 
outgoing  judges  resided  within  the  State  now 
overrun  by  revolt ;  so  that  if  successors  were 
appointed  in  the  same  localities,  they  could  not 
now  serve  upon  their  circuits  ;  and  many  of  the 
most  competent  men  there  probably  would  not 
take  the  personal  hazard  of  accepting  to  serve, 
even  here,  upon  the  supreme  bench.  I  have 
been  unwilling  to  throw  all  the  appointments 
northward,  thus  disabling  myself  from  doing 
justice  to  the  South  on  the  return  of  peace  ;  al 
though  I  may  remark  that  to  transfer  to  the 
North  one  which  has  heretofore  been  in  the 
South,  would  not,  with  reference  to  territory 
and  population,  be  unjust. 

During  the  long  and  brilliant  judicial  career 
of  Judge  McLean  his  circuit  grew  into  an  em 
pire — altogether  too  large  for  any  one  judge  to 
give  the  courts  therein  more  than  a  nominal 
attendance — rising  in  population  from  one  mil 
lion  four  hundred  and  seventy  thousand  and 
eighteen,  in  1830,  to  six  million  one  hundred 
and  fifty-one  thousand  four  hundred  and  five  in 
1860. 

Besides  this,  the  country  generally  has  out 
grown  our  present  judicial  system.  If  uniform 
ity  was  at  all  intended,  the  system  requires 
that  all  the  States  shall  be  accommodated  with 
circuit  courts  attended  by  supreme  judges, 
while,  in  fact,  Wisconsin,  Minnesota,  Iowa,  Kan 
sas,  Florida,  Texas,  California,  and  Oregon, 
have  never  had  any  such  courts.  Nor  can  this 
well  be  remedied  without  a  change  of  the  sys 
tem ;  because  the  adding  of  judges  to  the  Su 
preme  Court,  enough  for  the  accommodation  of 
all  parts  of  the  country,  with  circuit  courts, 
would  create  a  court  altogether  too  numerous 
for  a  judicial  body  of  any  sort.  And  the  evil, 
if  it  be  one,  will  increase  as  new  States  come 
into  the  Union.  Circuit  courts  are  useful,  or 
they  are  not  useful.  If  useful,  no  State  should 
be  denied  them  ;  if  not  useful,  no  State  should 
have  them.  Let  them  be  provided  for  all,  or 
abolished  as  to  all. 

Three  modifications  occur  to  me,  either  of 
which,  I  think,  would  be  an  improvement  upon 
our  present  system.  Let  the  Supreme  Court 
be  of  convenient  number  in  every  event.  Then, 
first,  let  the  whole  country  be  divided  into  cir 
cuits  of  convenient  size,  the  supreme  judges  to 
serve  in  a  number  of  them  corresponding  to 
their  own  number,  and  independent  circuit 
judges  be  provided  for  all  the  rest.  Or,  sec 
ondly,  let  the  supreme  judges  be  relieved  from 
circuit  duties,  and  circuit  judges  be  provided 
for  all  the  circuits.  Or,  thirdly,  dispense  with 


132 


ADMINISTRATION   OF   ABRAHAM   LINCOLN. 


circuit  judgea  altogether,  leaving  the  judicial 
functions  wholly  to  the  district  courts  and  an 
independent  Supreme  Court. 

I  respectfully  recommend  to  the  considera 
tion  of  Congress  the  present  condition  of  the 
statute  laws,  with  the  hope  that  Congress  will 
be  able  to  find  an  easy  remedy  for  many  of  the 
inconveniences  and  evils  which  constantly  em 
barrass  those  engaged  in  the  practical  admin 
istration  of  them.  Since  the  organization  of 
the  Government,  Congress  has  enacted  some 
five  thousand  acts  and  joint  resolutions,  which 
fill  more  than  six  thousand  closely  printed 
pages,  and  are  scattered  through  many  volumes. 
Many  of  these  acts  have  been  drawn  in  haste, 
and  without  sufficient  caution,  so  that  their 
provisions  are  often  obscure  in  themselves,  or 
in  conflict  with  each  other,  or  at  least  so  doubt 
ful  as  to  render  it  very  difficult  for  even  the 
best  informed  persons  to  ascertain  precisely 
what  i he  statute  law  really  is. 

It  seems  to  me  very  important  that  the  statute 
laws  should  be  made  as  plain  and  intelligible 
as  possible,  and  be  reduced  to  as  small  a  com 
pass  as  may  consist  with  the  fullness  and  pre 
cision  of  the  will  of  the  legislature,  and  the 
perspicuity  of  its  language.  This,  well  done, 
would,  I  think,  greatly  facilitate  the  labors  of 
those  whose  duty  it  is  to  assist  in  the  adminis 
tration  of  the  laws,  and  would  be  a  lasting 
benefit  to  the  people,  by  placing  before  them, 
in  a  more  accessible  and  intelligible  form  the 
laws  which  so  deeply  concern  their  interest  and 
their  duties. 

I  am  informed  by  some  whose  opinion  I  re 
spect  that  all  the  acts  of  Congress  now  in  force, 
and  of  a  permanent  and  general  nature,  might 
be  revi  ed  and  rewritten,  so  as  to  be  embraced 
in  one  volume  (or  at  most  two  volumes)  of  or 
dinary  and  convenient  size.  And  1  respectfully 
recommend  to  Congress  to  considtr  of  the  sub 
ject,  and,  if  my  suggestion  be  approved,  to  de 
vise  such  plan  as  to  their  wisdom  shall  seem 
most  proper  for  the  attainment  of  the  end  pro 
posed. 

One  of  the  unavoidable  consequences  of  the 
present  insurrection  is  the  entre  suppression, 
in  many  places,  of  all  the  ordinary  means  of 
administering  civil  justice  by  the  officers,  and 
in  the  forms  of  existing  law.  This  is  the  case, 
in  whole  or  in  part,  in  all  the  insurgent  States; 
and  as  oar  armies  advance  upon  and  take  pos 
session  of  parts  of  those  States,  the  practical 
evil  becomes  more  apparent.  There  are  no 
courts  nor  officers  to  whom  the  citizens  of  ether 
States  may  apply  for  the  enforcement  of  their 
lawful  claims  against  citizens  of  the  insurgent 
States ;  and  there  is  a  vast  amount  of  debt  con 
stituting  such  claims.  Some  have  estimated  it 
as  high  as  $200,000,000,  due,  in  large  part, 
from  insurgents,  in  open  rebellion,  to  loyal  cit 
izens,  who  are,  even  now,  making  great  sacri 
fices  in  the  discharge  of  their  patriotic  duty  to 
support  the  Government. 

Under  these  circumstances,  I  have  been  ur 
gently  solicited  to  establish,  by  military  power, 
courts  to  administer  summary  justice  in  such 
cases.  I  have  thus  far  declined  to  do  it,  not 
because  I  had  any  doubt  that  the  end  proposed 
— the  collection  of  the  debts — was  just  and 


'  right  in  itself,  but  because  I  have  been  unwill 
ing  to  go  beyond  the  pressure  of  necessity  ia 
the  unusual  exercise  of  power.  But,  the  pow 
ers  of  Congress  I  suppose  are  equal  to  the  anom 
alous  occasion,  and  therefore  I  refer  the  whole 
matter  to  Congress,  with  the  hope  that  a  plan 
may  be  devised  for  the  administration  of  jus 
tice  in  all  such  parts  of  the  insurgent  States 
and  Territories  as  may  be  under  the  control  of 
this  Government,  whether  by  a  voluntary  re 
turn  to  allegiance  and  order,  or  by  the  power 
of  our  arms.  This,  however,  not  to  be  a  per 
manent  institution,  but  a  temporary  substitute, 
and  to  cea«e  as  soon  as  the  ordinary  courts  caa 
be  re-established  in  peace. 

It  is  important  that  some  more  convenient 
means  should  be  provided,  if  possible,  for  the 
adjustment  of  claims  against  the  Government, 
especially  in  view  of  their  increased  number  by 
reason  of  the  war.  It  is  as  much  the  duty  of 
Government  to  render  prompt  justice  against  it 
self,  in  favor  of  citizens,  as  it  is  to  administer 
the  same  between  private  individuals.  The  in 
vestigation  and  adjudication  of  claims,  in  their 
nature  belong  to  the  judicial  department ;  be 
sides,  it  is  apparent  that  the  attention  of  Con 
gress  will  be  more  than  usually  engaged, forsome 
time  to  come,  with  great  national  questions.  It 
was  intended  by  the  organization  of  the  Court 
of  Claims  mainly  to  remove  this  branch  of  busi 
ness  from  the  Halls  of  Congress;  but  while  the 
court  has  proved  to  bean  effective  and  valuable 
means  of  investigation,  it  in  a  great  degree  fails 
to  effect  the  object  of  its  creation,  for  want  of 
power  to  make  its  judgments  final 

Fully  aware  of  the  delicacy,  not  to  say  the 
danger,  of  the  subject,  I  commend  to  your  care 
ful  consideration  whether  this  power  of  making 
judgments  final  may  not  properly  be  given  to 
the  court,  reserving  the  right  of  appeal  on 
questions  of  law  to  the  Supreme  Court,  witb 
such  other  provisions  as  experience  may  have 
shown  to  be  necessary. 

I  ask  attention  to  the  report  of  the  Postmas 
ter  General,  the  following  being  a  summary 
statement  of  the  condition  of  the  Department  r 

The  revenue  from  all  sources  during  the  fiscal 
year  ending  June  30, 1861,  including  the  annual 
permanent  appropriation  of  $700,000  for  the 
transportation  of  free  mail  matter,  was  $9,049,- 
29G  40,  being  about  two  per  cent,  less  than  the 
revenue  for  I860. 

The  expenditures  were  $13, GOG, 750  11,  show 
ing  a  decrease  of  more  than  eight  per  cent,  as 
compared  with  those  of  the  previous  year,  and 
leaving  an  excess  of  expenditure  over  the  reve 
nue  for  the  last  fiscal  year  of  $4,557,462  71, 

The  gross  revenue  for  the  year  ending  June 
30,  1863,  is  estimated  at  an  increase  of  four  per 
cent  on  that  of  18G1,  making  $8,683,000,  to 
which  should  be  added  the  earnings  of  the  De 
partment  in  carrying  free  matter,  viz  :  $700,000r 
making  $9,383,000. 

The  total  expenditures  for  1863  arc  estimated 
at  $12,528,000,  leaving  an  estimated  deficiency 
of  $3.145,000,  to  be  supplied  from  the  Treas 
ury,  in  addition  to  the  permanent  appropriation. 

The  present  insurrection  shows,  I  think,  that; 
the  extension  of  this  District  across  the  Poto 
mac  river,  at  the  time  of  establishing  the  capi» 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


133 


tal  here,  was  eminently  wise,  and  consequently 
that  the  relinquishment  of  that  portion  of  it 
which  lies  within  the  State  of  Virginia  was  un 
wise  and  dangerous.  I  submit  for  your  consid 
eration  the  expediency  of  regaining  that  part 
•of  the  District,  and  the  restoration  of  the  origi 
nal  boundaries  thereof,  through  negotiations 
with  the  State  of  Virginia. 

The  report  of  the  Secretary  of  the  Interior, 
with  the  accompanying  documents,  exhibits  the 
condition  of  the  several  branches  of  the  public 
business  pertaining  to  that  Department.  The 
depressing  influences  of  the  insurrection  have 
been  especially  felt  in  the  operations  of  the 
Patent  and  General  Land  Offices.  The  cash 
receipts  from  the  sales  of  public  lands  during 
the  past  year  have  exceeded  the  expenses  of 
our  land  system  only  about  two  hundred  thou 
sand  dollars.  The  sales  have  been  entirely 
suspended  in  the  southern  States,  while  the  in 
terruptions  to  tie  business  of  the  country,  and 
the  diversion  of  large  numbers  of  men  from  la 
bor  to  military  service,  have  obstructed  settle 
ments  in  the  new  States  and  Territories  of  the 
Northwest. 

The  receipts  of  the  Patent  Office  have  declined 
in  nine  months  about  one  hundred  thousand 
dollars,  rendering  a  large  reduction  of  the  force 
employed  necessary  to  make  it  self-sustaining. 

The  demands  upon  the  Pension  Office  will  be 
largely  increased  by  the  insurrection.  Numer 
ous  applications  for  pensions,  based  upon  the 
casualties  of  the  existing  war,  have  already 
been  made.  There  is  reason  to  believe  that 
many  who  are  now  upon  the  pension  rolls,  and 
in  receipt  of  the  bounty  of  the  Government,  are 
in  the  ranks  of  the  insurgent  army,  or  giving 
thtm  aid  and  comfort.  The  Secretary  of  the 
Interior  has  directed  a  suspension  of  the  pay 
ment  of  the  pensions  of  such  persons  upon 
proof  of  their  disloyalty.  I  recommend  that 
Congress  authorize  that  officer  to  cause  the 
names  of  such  persons  to  be  stricken  from  the 
pension  rolls. 

The  relations  of  the  Government  with  the 
Indian  tribes  have  been  greatly  disturbed  by 
the  insurrection,  especially  in  the  southern 
superintendency  and  in  that  of  New  Mexico. 
The  Indian  country  south  of  Kansas  is  in  the 
possession  of  insurgents  from  Texas  and  Ar 
kansas.  The  agents  of  the  United  States,  ap 
pointed  since  the  4th  of  March,  for  this  super- 
intendency  have  been  unable  to  reach  their 
posts,  while  the  most  of  those  who  were  in 
office  before  that  time  have  espoused  the  insur 
rectionary  c.iuse,  and  assume  to  exercise  the 
powers  of  agents  by  virtue  of  commissions 
from  the  insurrectionists.  It  has  been  stated 
in  the  public  press  that  fe,  portion  of  those  In 
dians  have  been  organized  as  a  military  force, 
and  are  attached  to  the  army  of  the  insurgents. 
Although  the  Government  has  no  official  infor 
mation  upon  this  subject,  letters  have  been 
written  to  the  Commissioner  of  Indian  Affairs 
by  several  prominent  chiefs,  giving  assurance 
of  their  loyalty  to  the  United  States,  and  ex- 
pres.-ing  a  wish  for  the  presence  of  Federal 
troops  to  protect  them.  It  is  believed  that 
upon  the  repossession  of  the  country  by  the 
Federal  forces  the  Indians  will  readily  cease 


all  hostile  demonstrations,  and  resume  their 
former  relations  to  the  Government. 

Agriculture,  confessedly  the  largest  interest 
of  the  nation,  has,  not  a  department,  nor  a 
bureau,  but  a  clerkship  only,  assigned  to  it  in 
the  Government.  While  it  is  fortunate  that 
this  great  interest  is  so  independent  in  its  na 
ture  as  to  not  have  demanded  or  extorted  more 
from  the  Government,  I  respectfully  ask  Con 
gress  to  consider  whether  something  more  can 
not  be  given  voluntarily,  with  general  ad 
vantage. 

Annual  reports,  exhibiting  the  condition  of 
our  agriculture,  commerce,  and  manufactures 
would  present  a  fund  of  information  of  great 
practical  value  to  the  country.  While  I  make 
no  suggestions  as  to  details,  1  venture  the 
opinion  that  an  agricultural  and  statistical 
bureau  might  profitably  be  organized. 

The  execution  of  the  laws  for  the  suppression 
of  the  African  slave  trade  has  been  confided  to 
the  Department  of  the  Interior.  It  is  a  subject 
of  gratulation  that  the  efforts  which  have  been 
made  for  the  suppression  of  this  inhuman  traf 
fic  have  been  recently  attended  with  unusual 
success.  Five  vessels  being  fitted  out  for  the 
slave  trade  have  been  seized  and  condemned. 
Two  mates  of  vessels  engaged  in  the  trade,  and 
one  pe  son  in  equipping  a  vessel  as  a  slaver, 
have  been  convicted  and  subjected  to  the  pen 
alty  of  fine  and  imprisonment,  and  one  captain, 
taken  with  a  cargo  of  Africans  on  board  his 
vessel,  has  been  convicted  of  the  highest  grade 
of  offence  under  our  laws,  the  punishment  of 
which  is  death. 

The  Territories  of  Colorado,  Dakotah,  and 
Nevada,  created  by  the  last  Congress,  have  been 
organized,  and  civil  administration  has  been 
inaugurated  therein  under  auspices  especially 
gratifying,  when  it  is  considered  that  the  leaven 
of  treason  was  found  existing  in  some  of  these 
new  countries  when  the  Federal  officers  arrived 
there. 

The  abundant  natural  resources  of  these 
Territories,  with  the  security  and  protection 
afforded  by  organized  government,  will  doubt 
less  invite  to  them  a  large  immigration  when 
peace  shall  restore  the  business  of  the  country 
to  its  accustomed  channels.  I  submit  the  res 
olutions  of  the  Legislature  of  Colorado,  which 
evidence  the  patriotic  spirit  of  the  people  of  the 
Territory.  So  far  the  authority  of  the  United 
States  has  been  upheld  in  all  the  Territories,  as 
it  is  hoped  it  will  be  in  the  future.  I  commend 
their  interests  and  defence  to  the  enlightened 
and  generous  care  of  Congress. 

I  recommend  to  the  favorable  consideration 
of  Congress  the  interests  of  the  District  of  Co 
lumbia.  The  insurrection  has  been  the  cause 
of  much  suffering  and  sacrifice  to  its  inhabit 
ants,  and  as  they  have  no  representative  in  Con 
gress,  that  body  should  not  overlook  their  just 
claims  upon  the  Government. 

At  your  late  session  a  joint  resolution  was 
adopted  authoriz:ng  the  President  to  take 
measures  for  facilitating  a  proper  representa 
tion  of  the  industrial  interests  of  the  United 
States  at  the  exhibition  of  the  industry  of  all 
nations  to  be  holden  at  London  in  the  year 
1862.  I  regret  to  say  I  have  been  unable  to 


134 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


give  personal  attention  to  this  subject — a  sub 
ject  at  once  so  interesting  in  itself,  and  so  ex 
tensively  and  intimately  connected  with  the 
material  prosperity  of  the  world.  Through  the 
Secretaries  of  State  and  of  the  Interior  a  plan, 
or  system,  has  been  devised,  and  partly  ma 
tured,  and  which  will  be  laid  before  you. 

Under  and  by  virtue  of  the  act  of  Congress 
entitled  "An  act  to  confiscate  property  used 
for  insurrectionary  purposes,"  approved  Au 
gust  G,  1861,  the  legal  claims  of  certain  persons 
to  the  labor  and  service  of  certain  other  per 
sons  have  become  forfeited ;  and  numbers  of 
the  latter,  thus  liberated,  are  already  depend 
ent  on  the  United  States,  and  must  be  provided 
for  in  some  way.  Besides  this,  it  is  not  impos 
sible  that  some  of  the  States  will  pass  similar 
enactments  for  their  own  benefit  respectively, 
and  by  operation  of  which,  persons  of  the  same 
class  will  be  thrown  upon  them  for  disposal. 
In  such  case,  I  recommend  that  Congress  pro 
vide  for  accepting  such  persons  from  such 
States,  according  to  some  mode  of  valuation,  in 
lieu,  pro  tanto  of  direct  taxes,  or  upon  some 
other  plan  to  be  agreed  on  with  such  States 
respectively ;  that  such  persons,  on  such  ac 
ceptance  by  the  General  Government,  be  at 
once  deemed  free  ;  and  that,  in  any  event,  steps 
be  taken  for  colonizing  both  classes  (or  the  one 
first  mentioned,  if  the  other  shall  not  be  brought 
into  existence,)  at  some  place,  or  places,  in  a 
climate  congenial  to  them.  It  might  be  well 
to  consider,  too,  whether  the  free  colored  peo 
ple  already  in  the  United  States  could  not,  so 
far  as  individuals  may  desire,  be  included  in 
such  colonization. 

To  carry  out  the  plan  of  colonization  may 
involve  the  acquiring  of  territory,  and  also  the 
appropriation  of  money  beyond  that  to  be  ex 
pended  in  the  territorial  acquisition.  Having 
practiced  the  acquisition  of  territory  for  nearly 
sixty  years,  the  question  of  constitutional  power 
to  do  so  is  no  longer  an  open  one  with  us.  The 
power  was  questioned  at  first  by  Mr.  Jefferson, 
who,  however,  in  the  purchase  of  Louisiana, 
yielded  his  scruples  on  the  plea  of  great  expe 
diency.  If  it  be  said  that  the  only  legitimate 
object  of  acquiring  territory  is  to  furnish  homes 
for  white  men,  this  measure  effects  that  object; 
for  the  emigration  of  colored  men  leaves  addi 
tional  room  for  white  men  remaining  or  coming 
here.  Mr.  Jefferson,  however,  placed  the  im 
portance  of  procuring  Louisiana  more  on  polit 
ical  and  commercial  grounds  than  on  providing 
room  for  population. 

On  this  whole  proposition,  including  the  ap 
propriation  of  money  with  the  acquisition  of 
territory,  does  not  the  expediency  amount  to 
absolute  necessity — that,  without  which  the 
Government  itself  cannot  be  perpetuated? 

The  war  continues.  In  considering  the  pol 
icy  to  be  adopted  for  suppressing  the  insurrec 
tion,  I  have  been  anxious  and  careful  that  the 
inevitable  conflict  for  this  purpose  shall  not 
degenerate  into  a  violent  and  remorseless  revo 
lutionary  struggle.  I  have,  therefore,  in  every 
case,  thought  it  proper  to  keep  the  integrity  of 
the  Union  prominent  as  the  primary  object  of 
the  contest  on  our  part,  leaving  all  questions 
which  are  not  of  vital  military  importance 


to  the  more  deliberate  action  of  the  Legisla 
ture. 

In  the  exercise  of  my  best  discretion  I  have 
adhered  to  the  blockade  of  the  ports  held  by 
the  insurgents,  instead  of  putting  in  force,  by 
proclamation,  the  law  of  Congress  enacted  at 
the  late  session  for  closing  those  ports. 

So,  also,  obeying  the  dictates  of  prudence,  as 
well  as  the  obligations  of  law,  instead  of  tran 
scending,  I  have  adhered  to  the  act  of  Congress 
to  confiscate  property  used  for  insurrectionary 
purposes.  If  a  new  law  upon  the  same  subjec! 
shall  be  proposed,  its  propriety  will  be  duly 
considered.  The  Union  must  be  preserved; 
and  hence,  all  indispensable  means  must  be 
employed.  We  should  not  be  in  haste  to  deter 
mine  that  radical  and  extreme  measures,  which 
may  reach  the  loyal  as  well  as  the  disloyal,  are 
indispensable. 

The  inaugural  address  at  the  beginning  of 
the  Administration,  and  the  message  to  Con 
gress  at  the  late  special  session,  were  both 
mainly  devoted  to  the  domestic  controversy  out 
of  which  the  insurrection  and  consequent  war 
have  sprung.  Nothing  now  occurs  to  add  or 
subtract,  to  or  from,  the  principles,  or  general 
purposes,  stated  and  expressed,  in  those  docu 
ments. 

The  last  ray  of  hope  for  preserving  the  Union 
peaceably  expired  at  the  assault  upon  Fort 
Sumter ;  and  a  general  review  of  what  has  oc 
curred  since  may  not  be  unprofitable.  What 
was  painfully  uncertain  then,  is  much  better 
defined  and  more  distinct  now  ;  and  the  progress 
of  events  is  plainly  in  the  right  direction.  The 
insurgents  confidently  claimed  a  strong  support, 
from  North  of  Mason  and  Dixon's  line,  and  the 
friends  of  the  Union  were  not  free  from  appre 
hension  on  the  point.  This,  however,  was  soon 
settled  definitely,  and  on  the  right  side.  South 
of  the  lice,  noble  little  Delaware  led  off  right 
from  the  first.  Maryland  was  made  to  seem 
against  the  Union.  Our  soldiers  were  assaulted, 
bridges  were  burned,  and  railroads  torn  up 
within  her  limits,  and  we  were  many  days,  at 
one  time,  without  the  ability  to  bring  a  single 
regiment  over  her  soil  to  the  capital.  Now  her 
bridges  and  railroads  are  repaired  and  open  to 
the  Government;  she  already  gives  seven  regi 
ments  to  the  cause  of  the  Union,  and  none  to 
the  enemy  ;  and  her  people,  at  a  regular  elec 
tion,  have  sustained  the  Union,  by  a  larger  ma 
jority,  and  a  larger  aggregate  vote  than  they 
ever  before  gave  to  any  candidate  or  any  ques 
tion.  Kentucky,  too,  for  some  time  in  doubt, 
is  now  decidedly,  and,  I  think,  unchangeably, 
ranged  on  the  side  of  the  Union.  Missouri  is 
comparatively  quiet,  and  I  believe  cannot  again 
be  overrun  by  the  insurrectionists.  These  three 
States  of  Maryland,  Kentucky,  and  Missouri, 
neither  of  which  would  promise  a  single  sol 
dier  at  first,  have  now  an  aggregate  of  not  less 
than  forty  thousand  in  the  field  for  the  Union ; 
\vhil°,  of  their  citizens,  certainly  not  more  than, 
a  third  of  that  number,  and  they  of  doubtful 
whereabouts,  and  doubtful  existence,  are  in 
arms  against  it.  After  a  somewhat  bloody 
struggle  of  months,  winter  closes  on  the  Union 
people  of  Western  Virginia,  leaving  them  mas 
ters  of  their  own  country. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


135 


An  insurgent  force  of  about  fifteen  hundred, 
for  months  dominating  the  narrow  peninsula 
region,  constituting  the  counties  of  Accomac 
and  Northampton,  and  known  as  eastern  shore 
of  Virginia,  together  with  some  contiguous 
parts  of  Maryland,  have  laid  down  their  arms ; 
and  the  people  there  have  renewed  their  alle 
giance  to,  and  accepted  the  protection  of,  the 
old  flag  This  leaves  no  armed  insurrectionist 
north  of  the  Potomac,  or  east  of  the  Chesapeak  >. 

Also  we  have  obtained  a  footing  at  each  of 
the  isolated  points,  on  the  southern  coast,  of 
Hatteras,  Port  Royal,  Tybee  Island,  near  Sa 
vannah,  and  Ship  Island;  and  we  likewise  have 
some  general  accounts  of  popular  movements, 
in  behalf  of  the  Union,  in  North  Carolina  and 
Tennessee 

These  things  demonstrate  that  the  cause  of 
the  Union  is  advancing  steadily  and  certainly 
southward. 

Since  your  last  adjournment,  Lieutenant  Gen 
eral  Scott  has  retired  from  the  head  of  the 
Army.  During  his  long  life,  the  nation  has  not 
been  unmindful  of  hij  merit;  yet,  on  calling  to 
mi::d  how  faithfully,  ably,  and  brilliantly  he 
has  served  the  country,  from  a  time  far  back  in 
our  history,  when  few  of  the  now  living  had 
been  born,  and  thenceforward  continually,  I 
cannot  but  think  we  are  still  his  debtors.  I  sub- 
mic,  therefore,  for  your  consideration,  what  fur 
ther  mark  of  recognition  is  due  to  him  an  i  to 
ourselves,  as  a  grateful  people. 

With  the  retirement  of  General  Scott  came 
the  executive  duty  of  appointing,  in  his  stead, 
a  General-in-Chief  of  the  Army.  It  is  a  fortu 
nate  circumstance  that  neither  in  council  nor 
country  was  there,  so  far  as  I  know,  any  differ 
ence  of  opinion  as  to  the  proper  person  to  be 
selected.  The  retiring  chief  repeatedly  ex 
pressed  hi  judgment  in  favor  of  General  Mc- 
CLllan  for  the  position;  and  in  this  the  nation 
seemed  to  give  a  unanimous  concurrence.  The 
designation  of  General  McClellan  is,  therefore, 
in  considerable  degree,  the  selection  of  the 
country  as  well  as  of  the  Executive  ;  and  hence 
there  is  better  reason  to  hope  there  will  be  given 
him  the  confidence  and  cordial  support  thus,  by 
fair  implication,  promised,  and  without  which, 
he  cannot,  with  so  full  efficiency,  serve  the 
country. 

It  has  been  said  that  one  bad  general  is  bet 
ter  than  two  good  ones  ;  and  the  saying  is  true, 
if  taken  to  mean  no  more  than  that  an  army  is 
better  directed  by  a  single  mind,  though  in 
ferior,  than  by  two  superior  ones  at  variance, 
and  cross-purposes  with  each  other. 

And  the  same  is  true,  in  all  joint  operations 
wherein  those  engaged,  can  have  none  but  a 
common  end  in  view,  and  can  differ  only  as  to  the 
choice  of  means.  In  a  storm  at  sea,  no  one  on 
board  can  wish  the  ship  to  sink  ;  and  yet,  not. 
unfrequently,  all  go  down  together,  because  too 
many  will  direct,  and  no  single  mind  can  be  al- 
lowed  to  control. 

It  continues  to  develop  that  the  insurrection 
is  largely,  if  not  exclusively,  a  war  upon  the 
first  principle  of  popular  government  —  the 
rights  of  the  people.  Conclusive  evidence  of 
this  is  found  in  the  most  grave  and  maturely 
considered  public  documents,  as  well  as  in  the 


general  tone  of  the  insurgents.  In  those  docu 
ments  we  find  the  abridgment  of  the  existing 
right  of  suffrage,  and  the  denial  to  the  people 
of  all  right  to  participate  in  the  selection  of 
public  officers,  except  the  legislative,  boldly 
advocated,  with  labored  arguments  to  prove 
that  large  control  of  the  people  in  government 
is  the  source  of  all  political  evil.  Monarchy 
itself  is  sometimes  hinted  at  as  a  possible 
refuge  from  the  power  of  the  people. 

In  my  present  position,  I  could  scarcely  be 
justified  were  I  to  omit  raising  a  warning  voice 
against  this  approach  of  returning  despotism. 

It  is  not  needed,  nor  fitting  here,  that  a 
general  argument  should  be  made  in  favor  of 
popular  institutions  ;  but  there  is  one  point, 
with  its  connections,  not  so  hackneyed  as  most 
others,  to  which  I  ask  brief  attention.  It  is 
the  effort  to  place  capital  on  an  equal  footing 
with,  if  not  above,  labor,  in  the  structure  of 
government.  It  is  assumed  that  labor  is  avail 
able  only  in  connection  with  capital ;  that  no 
body  labors  unless  somebody  else,  owning 
capital,  somehow  by  the  use  of  it,  induces  him 
to  labor.  This  assumed,  it  is  next  considered 
whether  it  is  best  that  capital  shall  hire 
laborers,  and  thus  induce  them  to  work  by 
their  own  consent,  or  buy  them,  and  drive  them 
to  it  without  their  consent.  Having  proceeded 
so  far,  it  is  naturally  concluded  that  all 
laborers  are  either  hired  laborers,  or  what  we 
call  slaves.  And  further,  it  is  assumed  that 
whoever  is  once  a  hired  laborer  is  fixed  in  that 
condition  for  life. 

Now,  there  is  no  such  relation  between 
capital  and  labor  as  assumed  ;  nor  is  there  any 
such  thing  as  a  free  man  being  fixed  for  life, 
in  the  condition  of  a  hired  laborer.  Both 
these  assumptions  are  false,  and  all  inferences 
from  them  are  groundless. 

Labor  is  prior  to,  and  independent  of,  capi 
tal.  Capital  is  only  the  fruit  of  labor,  and 
could  never  have  existed  if  labor  had  not  first 
existed.  Labor  is  the  superior  of  capital,  and 
deserves  much  the  higher  consideration.  Cap 
ital  has  its  rights,  which  are  as  worthy  of  pro 
tection  as  any  other  rights.  Nor  is  it  denied 
that  there  is,  and  probably  always  will  be,  a 
relation  between  labor  and  capital,  producing 
mutual  benefits.  The  error  is  in  assuming  that 
the  whole  labor  of  community  exists  within 
that  relation.  A  few  men  own  capital,  and 
that  few  avoid  labor  themselves,  and  with  their 
capital  hire  or  buy  another  few  to  labor  for 
them.  A  large  majority  belong  to  neither  class 
— neither  work  for  others,  nor  have  others 
working  for  them.  In  most  of  the  southern 
States,  a  majority  of  the  whole  people  of  all 
colors  are  neither  slaves  nor  masters  ;  while  in 
the  northern,  a  large  majority  are  neither  hirers 
nor  hired.  Men  with  their  families — wives, 
sons,  and  daughters — work  for  themselves,  on 
their  farms,  in  their  houses,  and  in  their  shops, 
taking  the  whole  product  to  themse  ves,  and 
asking  no  favors  of  capital  on  the  one  hand,  nor 
of  hired  laborers  or  slaves  on  the  other.  It  is 
not  forgotten  that  a  considerable  number  of 
persons  mingle  their  own  labor  with  capital — 
that  is  they  labor  with  their  own  hands,  and 
also  buy  or  hire  others  to  labor  for  them ;  but 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


this  is  only  a  mixed,  and  not  a  distinct  class. 
No  principle  stated  is  disturbed  by  the  exist 
ence  of  this  mixed  class. 

Again,  as  has  already  been  said,  there  is  not, 
of  necessity,  any  such  thing  as  the  free  hired 
laborer  being  fixed  to  that  condition  for  life. 
Many  independent  men  everywhere  in  these 
States,  a  few  years  back  in  their  lives,  were 
hired  laborers.  The  prudent,  penniless  begin 
ner  in  the  world  labors  for  wages  awhile,  saves 
a  surplus  for  which  to  buy  tools  or  land  for 
himself,  then  labors  on  his  own  account  an 
other  while,  and  at  length  hires  another  new 
beginner  to  help  him.  This  is  the  just  and 
generous  and  prosperous  system,  which  opens 
the  way  to  all,  gives  hope  to  all,  and  consequent 
energy  and  progress,  and  improvement  of  con 
dition  to  all.  No  men  living  are  more  worthy 
to  be  trusted  than  those  who  toil  up  from  pov 
erty — none  less  inclined  to  take  or  touch  aught 
which  they  have  not  honestly  earned.  Let  them 
beware  of  surrendering  a  political  power  which 
they  already  possess,  and  which,  if  surrendered, 
will  surely  be  used  to  close  the  door  of  advance 
ment  against  such  as  they,  and  to  fix  new  dis 
abilities  and  burdens  upon  them,  till  all  of 
liberty  shall  be  lost. 

Prom  the  first  taking  of  our  national  census 
to  the  last  are  seventy  years ;  and  we  find  our 
population  at  the  end  of  the  period  eight  times 
as  great  as  it  was  at  the  beginning.  The  in 
crease  of  those  other  things  which  men  deem 
desirable  has  been  even  greater.  We  thus 
have,  at  one  view,  what  the  popular  principle 
applied  to  government,  through  the  machinery 
of  the  States  and  the  Union,  has  produced  in  a 
given  time,  and  also  what,  if  firmly  maintained, 
it  promises  for  the  future.  There  are  already 
among  us  those  who,  if  the  Union  be  preserved, 
will  live  to  see  it  contain  two  hundred  and  fifty 
millions.  The  struggle  of  to-day  is  not  alto- 
gether  for  to-day — it  is  for  a  vast  future  also. 
With  a  reliance  on  Providence,  all  the  more 
firm  and  earnest,  let  us  proceed  in  the  great 
task  which  events  have  devolved  upon  us. 

ABRAHAM  LINCOLN. 
WASHINGTON,  December  3,  1861. 

President  Lincoln's  Second  Annual 
Message,  December  1,  1862. 

Fellow- citizens  of  the  Senate 

and  House  of  Representatives: 

Since  your  last  annual  assembling  another 
year  of  health  and  bountiful  harvests  has  passed. 
And  while  it  has  not  pleased  the  Almighty  to 
bless  us  with  a  return  of  peace,  we  can  but 
press  on,  guided  by  the  best  light  He  gives  us, 
trusting  that  in  His  own  good  time,  and  wise 
way,  all  will  yet  be  well. 

.The  correspondence  touching  foreign  affairs 
which  has.taken  place  during  the  last  year  is 
herewith  submitted,  in  virtual  compliance  with 
a  request  to  that  effect  made  by  the  House  of 
Representatives  near  the  close  of  the  last  ses 
sion  of  Congress. 

If  the  condition  of  our  relations  with  other 
nations  is  less  gratifying  than  it  has  usually 
been  at  former  periods,  it  is  certainly  more  sat 
isfactory  than  a  nation  so  unhappily  distracted 


as  we  are,  might  reasonably  have  apprehended, 
lu  the  month  of  June  last  there  were  some 
grounds  to  expect  that  the  maritime  powers 
which,  at  the  beginning  of  our  domestic  diffi 
culties,  so  unwisely  and  unnecessarily,  as  we 
think,  recognized  the  insurgents  as  a  belliger 
ent,  would  soon  recede  from  that  position, 
which  has  proved  only  less  injurious  to  them 
selves  than  to  our  own  country.  But  the  tem 
porary  reverses  which  afterwards  befell  the 
national  arms,  and  which  were  exaggerated  by 
our  own  disloyal  citizens  abroad,  have  hitherto 
delayed  that  act  of  simple  justice. 

The  civil  war,  which  has  so  radically  changed, 
for  the  moment,  the  occupations  and  habits  of 
the  American  people,  has  necessarily  disturbed 
the  social  condition,  and  affected  very  deeply 
the  prosperity  of  the  nations  with  which  we  have 
carried  on  a  commerce  that  has  been  steadily 
increasing  throughout  a  period  of  half  a  cen 
tury.  It  has,  at  the  same  time,  excited  political 
ambitions  and  apprehensions  which  have  pro 
duced  a  profound  agitation  throughout  the 
civilized  world.  In  this  unusual  agitation  we 
have  forborne  from  taking  part  in  any  contro 
versy  between  foreign  States,  and  between  par 
ties  or  factions  in  such  States.  We  have  at 
tempted  no  propagandised,  and  acknowledged 
no  revolution.  But  we  have  left  to  every  na 
tion  the  exclusive  conduct  and  management  of 
its  own  affairs.  Our  struggle  has  been,  of 
course,  contemplated  by  foreign  nations  with- 
reference  less  to  its  own  merits  than  to  its  sup 
posed  and  often  exaggerated  effects  and  conse 
quences  resulting  to  those  nations  themselves. 
Nevertheless,  complaint  on  the  part  of  this  Gov 
ernment,  even  if  it  were  just,  would  certainly 
be  unwise. 

The  treaty  with  Great  Britain  for  the  sup 
pression  of  the  slave  trade  has  been  put  into 
operation  with  a  good  prospect  of  complete 
success.  It  is  an  occasion  of  special  pleasure 
to  acknowledge  that  the  execution  of  it,  on  the 
part  of  her  Majesty's  Government,  has  been 
marked  with  a  jealous  respect  for  the  authority 
of  the  United  States,  and  the  rights  of  their 
moral  and  loyal  citizens. 

The  convention  with  Hanover  for  the  aboli 
tion  of  the  stade  dues  has  been  carried  into  full 
effect,  under  the  act  of  Congress  for  that  pur 
pose. 

A  blockade  of  three  thousand  miles  of  sea- 
coast  could  not  be  established,  and  vigorously 
enforced,  in  a  season  of  great  commercial  ac 
tivity  like  the  present,  without  committing 
occasional  mistakes  and  inflicting  unintentional 
injuries  upon  foreign  nations  and  their  subjects. 

A  civil  war  occurring  in  a  country  where 
foreigners  reside  and  carry  on  trade  under 
treaty  stipulations,  is  necessarily  fruitful  of 
complaints  of  the  violation  of  neutral  rights. 
All  such  collisions  tend  to  excite  misapprehen 
sions,  and  possibly  to  produce  mutual  reclama 
tions  between  nations  which  have  a  common 
interest  in  preserving  peace  and  friendship.  In 
clear  cases  of  these  kinds  I  have,  so  far  as  pos 
sible,  heard  and  redressed  complaints  which 
have  been  presented  by  friendly  Powers.  There 
is  still,  however,  a  large  and  an  augmenting 
number  of  doubtful  cases  upon  which  the  Gov- 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


137 


ernment  is  unable  to  agree  with  the  Govern 
ments  whose  protection  is  demanded  by  the 
claimants.  There  are,  moreover,  many  case; 
i-i  which  the  United  States,  or  their  citizens 
suffer  wrongs  from  the  naval  or  military  au- 
thonties  of  foreign  nations,  which  the  Govern 
ments  of  those  States  are  not  at  once  preparcc 
to  redress.  I  have  proposed  to  some  cf  the 
foreign  State?,  thus  interested,  mutual  conven 
tions  to  examine  and  adjust  such  complaints 
This  proposition  has  been  made  especially  to 
Great  Britain,  to  France,  to  Spain,  and  to 
Prussia.  In  each  case  it  has  been  kindly  re 
ceived,  but  has  not  yet  been  formally  adopted. 

I  deem  it  my  duty  to  recommend  an  appro 
priation  in  behalf  of  the  owners  of  the  Norwe 
gian  bark  Admiral  P.  Tordenskiold,  which 
vessel  was,  in  May,  18G1,  prevented  by  the 
commander  of  the  blockading  force  off  Charles 
ton  from  leaving  that  port  with  cargo,  notwith 
standing  a  similar  privilege  had.  shortly  before, 
been  granted  to  an  English  vessel.  I  have 
directed  the  Secretary  of  State  to  cause  the  pa 
pers  in  the  case  to  be  communicated  to  the 
proper  committees. 

Applications  have  been  made  to  me  by  many 
free  Americans  of  African  descent  to  favor 
their  emigration,  with  a  view  to  such  coloniza 
tion  as  was  contemplated  in  recent  acts  of  Con 
gress.  Other  parties,  at  home  and  abroad — 
some  from  interested  motives,  others  upon 
patriotic  considerations,  and  still  others  influ 
enced  by  philanthropic  sentiments — have  sug 
gested  similiar  measures;  vdiile,  on  the  other 
hand,  several  of  the  Spanish-American  repub 
lics  have  protested  against  the  sending  of  such 
colonies  to  their  respective  territories.  Under 
these  circumstances,  I  have  declined  to  move 
any  such  colony  to  any  State,  without  first 
obtaining  the  consent  of  its  government,  with 
an  agreement  on  its  part  to  receive  and  protect 
such  emigrants  in  all  the  rights  of  freemen  ; 
and  I  have,  at  the  same  time,  offered  to  the 
several  States  situated  within  the  tropics,  or 
having  colonies  there,  to  negotiate  with  them, 
subject  to  the  ;i  dvice  and  consent  of  the  Senate, 
to  favor  the  voluntary  emigration  of  persons 
of  that  class  to  their  respective  territories, 
upon  conditions  which  shall  be  equal,  just,  and 
humane.  Liberia  and  Hayti  are,  as  yet,  the 
only  countries  to  which  colonists  of  African 
descent  from  here,  could  go  with  certainty  of 
being  received  and  adopted  as  citizens;  and  I 
regret  to  say  such  persons,  contemplating  colo 
nization,  do  not  seem  so  willing  to  migrate  to 
those  countries,  as  to  some  otheis,  nor  so  will 
ing  as  I  think  their  interest  demands.  I  be 
lieve,  however,  opinion  among  them  in  this 
respect,  is  improving  ;  and  that,  ere  long,  there 
will  be  an  augmented,  and  considerable  migra 
tion  to  both  these  countries,  from  the  United 
States. 

The  new  commercial  treaty  between  the 
United  States  and  the  Sultan  of  Turkey  has 
been  carried  into  execution. 

A  commercial  and  consular  treaty  has  been 
negotiated,  subject  to  the  Senate's  consent, 
with  Liberia  ;  and  a  similar  negotiaiion  is  now 
pending  with  the  republic  of  Hayti.  A  con 
siderable  improvement  of  the  national  com 


merce  is  expected  to  result  from  these  meas 
ures. 

Our  relations  with  Great  Britain,  France, 
Spain,  Portugal,  Russia,  Prussia,  Denmark, 
Sweden,  Austria,  the  Netherlands,  Italy,  Rome, 
and  the  other  European  States,  remain  undis 
turbed.  Very  favorable  relations  also  continue 
to  be  maintained  with  Turkey,  Morocco,  China, 
and  Japan. 

During  the  last  year  there  has  not  only  been  no 
change  of  our  previous  relations  with  the  inde 
pendent  States  of  our  own  continent,  but  more 
friendly  sentiments  than  have  heretofore  exist 
ed,  are  believed  to  be  entertained  by  these 
neighbors  whose  safety  and  progress  are  so 
intimately  connected  with  our  own.  This  state 
ment  especially  applies  to  Mexico,  Nicaragua, 
Costa  Rica,  Honduras,  Peru,  and  Chile. 

The  commission  under  the  convention  with 
the  republic  of  New  Granada  closed  its  session 
without  having  audited  and  passed  upon  all 
the  claims  which  were  submitted  to  it.  A  pro 
position  is  pending  to  revive  the  convention, 
that  it  may  be  able  to  do  more  complete  justice. 
The  joint  commission  between  the  United  States 
and  the  republic  of  Costa  Rica  has  completed 
its  labors  arid  submitted  its  report. 
^  I  have  favored  the  project  for  connecting  the 
United  States  with  Europe  by  an  Atlantic  tele 
graph,  and  a  similar  project  to  exend  the  tele 
graph  from  San  Francisco,  to  connect  by  a  Pa 
cific  telegraph  with  the  line  which  is  being 
extended  across  the  Russian  empire. 

The  Territories  of  the  United  States,  wi-th 
unimportant  exceptions,  have  remained  undis 
turbed  by  the  civil  war  ;  and  they  are  exhibit 
ing  such  evidence  of  prosperity  as  justifies  an 
expectation  that  some  of  them  will  soon  be  in  a 
condition  to  be  organized  as  States,  and  be  con 
stitutionally  admitted  into  the  Federal  Union. 

The  immense  mineral  resources  of  some  of 
those  Territories  ought  to  be  developed  as 
rapidly  as  possible.  Every  step  in  that  direc 
tion  would  have  a  tendency  to  improve  the 
revenues  of  the  Government,  and  diminish  the 
burdens  of  the  people.  It  is  worthy  of  your 
serious  consideration  whether  some  extraordi 
nary  measures  to  promote  that  end  cannot  be 
adopted.  The  means  which  suggests  itself  as 
most  likely  to  be  effective,  is  a  scientific  explo 
ration  of  the  mineral  regions  in  those  Territo 
ries,  with  a  view  to  the  publication  of  its  results 
at  home  and  in  foreign  countries — results  which 
cannot  fail  to  be  auspicious. 

The  condition  of  the  finances  will  claim  your 
most  diligent  consideration.    The  vast  expendi- 
ures  incident  to  the  military  and  naval  opera- 
ions  required  for  the  suppression  of  the  rebel- 
ion,   have  hitherto  been  met  with  a  prompti- 
ude  and  certainty   unusual  in  similar  circum 
stances  ;  and   the  public  credit  has  been  fully 
maintained.    The  continuance  of  the  war,  how 
ever,  and   the  increased  disbursements    made 
ecessary  by  the  augmented  forces  now  in  the 
field,  demand  your  best  reflections  as   to  the 
jest  modes  of  providing  the  necessary  revenue, 
without  injury  to  business,  and  with  the  least 
ossible  burdens  upon  labor. 

The  suspension  of  vspecie  payments  by  the 
anks,  soon  after  the  commencement  of  your 


138 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


last  session,  made  large  issues  of  United  States 
notes  unavoidable.  In  no  other  way  could  the 
payment  of  the  troops,  and  the  satisfaction  of 
other  just  demands,  be  so  economically  or  so 
well  provided  for.  The  judicious  legislation  of 
Congress,  securing  the  receivability  of  these 
notes  for  loans  and  internal  duties,  and  making 
them  a  legal  tender  for  other  debts,  has  made 
them  an  universal  currency  ;  and  has  satisfied, 
partially,  at  least,  and  for  the  time,  the  long 
felt  want  of  an  uniform  circulating  medium, 
saving  thereby  to  the  people  immense  sums  in 
discounts  and  exchanges. 

A  return  to  specie  payments,  however,  at  the 
earliest  period  compatible  with  due  regard  to 
all  interests  concerned,  should  ever  be  kept  in 
view.  Fluctuations  in  the  value  of  currency 
are  always  injurious,  and  to  reduce  these  fluc 
tuations  to  the  lowest  possible  point  will  always 
be  a  leading  purpose  in  wise  legislation.  Con 
vertibility,  prompt  and  certain  convertibility 
into  coin,  is  generally  acknowledged  to  be  the 
best  and  surest  safeguard  against  them ;  and  it 
is  extremely  doubtful  whether  a  circulation  of 
United  States  notes,  payable  in  coin,  and  suffi 
ciently  large  for  the  wants  of  the  people,  can 
be  permanently,  usefully,  and  safely  main 
tained. 

Is  there,  then,  any  other  mode  in  which  the 
necessary  provision  for  the  public  wants  can  be 
made,  and  the  great  advantages  of  a  safe  and 
uniform  currency  secured? 

1  know  of  none  which  promises  so  certain 
results,  and  is,  at  the  same  time,  so  unobjection 
able,  as  the  organization  of  banking  associa 
tions,  under  a  general  act  of  Congress,  well 
guarded  in  its  provisions.  To  such  associa 
tions  the  Government  might  furnish  circulating 
notes,  on  the  security  of  United  States  bonds 
deposited  in  the  Treasury.  These  notes,  pre 
pared  under  the  supervision  of  proper  officers, 
being  uniform  in  appearance  and  security,  and 
convertible  always  into  coin,  would  at  once 
protect  labor  against  the  evils  of  a  vicious  cur 
rency,  and  facilitate  commerce  by  cheap  and 
safe  exchanges. 

A  moderate  reservation  from  the  interest  on 
the  bonds  would  compensate  the  United  States 
for  the  preparation  and  distribution  of  the 
notes,  and  a  general  supervision  of  the  system, 
and  would  lighten  the  burden  of  that  part  of 
the  public  debt  employed  as  securities.  The 
public  credit,  moreover,  would  be  greatly  im 
proved,  and  the  negotiation  of  new  loans  greatly 
facilitated  by  the  steady  market  demand  for 
Government  bonds  which  the  adoption  of  the 
proposed  system  would  create. 

It  is  an  additional  recommendation  of  the 
measure,  of  considerable  weight,  in  my  judg 
ment,  that  it  would  reconcile,  as  far  as  possible, 
all  existing  interests,  by  the  opportunity  of 
fered  to  existing  institutions  to  reorganize 
under  the  act,  substituting  only  the  secured 
uniform  national  {Circulation  for  the  local  and 
various  circulation,  secured  and  unsecured,  now 
issued  by  them. 

The  receipts  into  the  Treasury  from  all 
sources,  including  loans,  and  balance  from  the 
preceding  year,  for  the  fiscal  year  ending  on  the 
30th  June,  1862,  were  $583,885,247  06,  of 


which  sum  $49,056,397  62  were  derived  from 
customs;  $1,795,331  73  from  the  direct  tax  : 
from  public  lands,  $152,203  77  ;  from  miscel 
laneous  sources,  $931,787  64  ;  from  loans  in 
all  forms,  $529,692,460  50.  The  remaindrr, 
$2.257,065  80,  was  the  balance  from  last  year. 

The  disbursements  during  the  same  period 
were  for  congressional,  executive,  and  judicial 
purposes,  $5,939,009  29;  for  foreign  inter 
course,  $1,339,710  35;  for  miscellaneous  ex 
penses,  including  the  mints,  loans,  post  office 
deficiencies,  collection  of  revenue,  and  other 
like  charges,  $14,129,771  50;  for  expenses 
under  the  Interior  Department,  $3,102,985  52  ; 
under  the  War  Department,  $394,368,407  36 : 
under  the  Navy  Dr-partment,  $42,674,569  69  ; 
for  interest  on  public  debt,  $13,190324  45; 
and  for  payment  of  public  debt,  including  re 
imbursement  of  temporary  loan,  and  redemp 
tions,  $96,096,922  09;  making  an  aggregate  of 
$570,841,700  25,  and  leaving  a  balance  in  the 
Treasury  on  the  first  day  of  July,  1862,  of 
$13,043,546  81. 

It  should  be  observed  that  the  sum  of 
$96,096,922  09,  expended  for  reimbursements 
and  redemption  of  public  debt,  being  included 
also  in  the  loans  made,  may  be  properly  de 
ducted,  both  from  receipts  and  expenditures, 
leaving  the  actual  receipts  for  the  year, 
$487,788,324  97  ;  and  the  expenditures, 
$474,744,778  16. 

Other  information  on  the  subject  of  the 
finances  will  be  found  in  the  report  of  the 
Secretary  of  the  Treasury,  to  whose  statements 
and  views  I  invite  your  most  candid  and  con 
siderate  attention. 

The  reports  of  the  Secretaries  of  War,  and 
of  the  Navy,  are  herewith  transmitted  These 
reports,  though  lengthy,  are  scarcely  more  than 
brief  abstracts  of  the  very  numerous  and  ex 
tensive  transactions  and  operations  conducted 
through  those  departments.  Nor  could  I  give 
a  summary  of  them  here,  upon  any  principle, 
which  would  admit  of  its  being  much  shorter 
than  the  reports  themselves  I  therefore  con 
tent  myself  with  laying  the  reports  before  you, 
and  asking  your  attention  to  them. 

It  gives  me  pleasure  to  report  a  decided  im 
provement  in  the  financial  condition  of  the  Post 
Office  Department,  as  compared  with  several 
preceding  years.  The  receipts  for  the  fiscal 
year  1861  amounted  to  $8,349,296  40,  which 
embraced  the  revenue  from  all  the  States  of  the 
Union  for  three  quarters  of  that  year.  Not 
withstanding  the  cessation  of  revenue  from  the 
so-called  Seceded  States  during  the  last  fiscal 
year,  the  increase  of  the  correspondence  of  the 
loyal  States  has  been  sufficient  to  produce  a 
revenue  during  the  same  year  of  $8,299,820  90r 
being  only  $50,000  less  than  was  derived  from 
all  the  States  of  the  Union  during  the  previous 
year.  The  expenditures  show  a  still  more  fa 
vorable  result.  The  amount  expended  in  1861 
was  $13,606,759  11.  For  the  last  year  the 
amount  has  been  reduced  to  $11,125,364  13, 
showing  a  decrease  of  about  $2,481,000  in  the 
expenditures  as  compared  with  the  preceding 
year,  and  about  $3,750,000  as  compared  with 
the  fiscal  year  1860.  The  deficiency  in  the 
Department  for  the  previous  year  was  $4,551,- 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


139 


966  98.  For  the  last  fiscal  year  it  was  reduced 
to  $2,112,814  57.  These  favorable  results  are 
in  part  owing  to  the  cessation  of  mail  service 
in  the  insurrectionary  States,  and  in  part  to  a 
careful  review  of  all  expenditures  in  that  De 
partment  in  the  interest  of  economy.  The 
efficiency  of  the  postal  service,  it  is  believed, 
has  also  been  much  improved.  The  Postmaster 
General  has  also  opened  a  correspondence, 
through  the  Department  of  State,  with  foreign 
Governments,  proposing  n  convention  of  postal 
representatives  for  the  purpose  of  simplifying 
the  rates  of  foreign  postage,  and  to  expedite 
the  foreign  mails.  This  proposition,  equally 
important  to  cur  adopted  citizens,  and  to  the 
commercial  interests  of  this  country,  has  been 
favorably  entertained,  and  agreed  to,  by  all  the 
Governments  from  whom  replies  have  been 
received. 

I  ask  the  attention  of  Congress  to  the  sug 
gestions  of  the  Postmaster  General  in  his  report 
respecting  the  further  legislation  required  in 
his  opinion,  for  the  benefit  of  the  postal  service. 

The  Secretary  of  the  Interior  reports  as  fol 
lows  in  regard  to  the  public  lands : 

"  The  public  lands  have  ceased  to  be  a  source 
of  revenue.  From  the  1st  of  July,  1861,  to  the 
30th  September,  1862,  the  entire  cash  receipts 
from  the  sale  of  lands  were  $137,476  26 — a 
sum  much  less  than  the  expenses  of  our  land 
system  during  the  same  period.  The  home 
stead  law,  which  will  take  effect  on  the  1st  of 
January  next,  offers  such  inducements  to  set 
tlers,  that  sales  for  cash  cannot  be  expected, 
to  an  extent  sufficient  to  meet  the  expenses  of 
the  General  Land  Office,  and  the  cost  of  sur 
veying  and  bringing  the  land  into  market." 

The  discrepancy  between  the  sum  here  stated 
as  arising  from  the  sales  of  the  public  lands, 
and  the  sum  derived  from  the  same  source  as 
reported  from  the  Treasury  Department  arises, 
as  I  understand,  from  the  fact  that  the  periods 
of  time,  thoug,:  apparently,  were  not  really, 
coincident  at  the  beginning  point — the  Treas 
ury  report  including  a  considerable  sum  now, 
which  had  previously  been  reported  from  the 
Interior — sufficiently  large  to  greatly  overreach 
the  sum  derived  from  the  three  months  now 
reported  by  the  Interior,  and  not  by  the 
Treasury. 

The  Indian  tribes  upon  our  frontiers  have, 
during  the  past  year,  manifested  a  spirit  of  in 
subordination,  and.  at  several  points,  have 
engaged  in  open  hostilities  against  the  white 
settlements  in  their  vicinity.  The  tribes  occu 
pying  the  Indian  country  south  of  Kansas,  re 
nounced  their  allegiance  to  the  United  States, 
and  entered  into  treaties  with  the  insurgents. 
Thoye  who  remained  loyal  to  the  United  States 
v/gre  driven  from  the  country.  The  chief  of 
the  Cherokces  has  visited  this  city  for  the  pur 
pose  of  restoring  the  former  relations  of  the 
tribe  with  the  United  States.  He  alleges  that 
they  were  constrained,  by  superior  force,  to 
enter  into  treaties  with  the  insurgents,  and 
that  the  United  States  neglected  to  furnish  t'ie 
protection  which  their  treaty  stipulations  re 
quired. 

In  the  month  of  August  last  the  Sioux  Indi 
ans,  in  Minnesota,  attacked  the  settlements  in 


their  vicinity  with  extreme  ferocity,  killing,  in 
discriminately,  men,  women,  and  children. 
This  attack  was  wholly  unexpected,  and,  there 
fore,  no  means  of  defence  had  been  p;  ovided. 
It  is  estimated  that  no  less  than  eight  hundred 
persons  were  killed  by  the  Indians,  and  a  large 
amount  of  property  was  destroyed.  How  this 
outbreak  was  induced  is  not  definitely  known, 
and  suspicions,  which  may  be  unjust,  need  not 
be  stated.  Information  was  received  by  the 
Indian  bureau,  from  different  sources,  about 
the  time  hostilities  were  commenced,  that  a 
simultaneous  attack  was  about  to  be  made  upon 
the  white  settlements  by  all  the  tribes  between 
the  Mississippi  river  and  the  Rocky  Mountains. 
The  State  of  Minnesota  has  suffered  great  in 
jury  from  this  Indian  war.  A  large  portion  of 
her  territory  has  been  depopulated,  and  a 
severe  loss  has  been  sustained  by  the  destruc 
tion  of  property.  The  people  of  that  State 
manifest  much  anxiety  for  the  removal  of  the 
tribes  beyond  the  limits  of  the  State  as  a  guar 
antee  against  future  hostilities.  The  Commis 
sioner  of  Indian  Affairs  will  furnish  full  details. 
I  submit  for  your  special  consideration  whether 
our  Indian  system  shall  not  be  remodelled. 
Mtray  wise  and  good  mm  have  impressed  me 
with  the  belief  that  this  can  be  profitably 
done. 

I  submit  a  statement  of  the  proceedings  of 
commissioners,  which  shows  the  progress  that 
has  been  made  in  the  enterprise  of  constructing 
the  Pacific  railro-id.  And  this  suggests  the 
earliest  completion  of  this  road,  and  also  the 
favorable  action  of  Congress  upon  the  projects 
now  pending  before  them  for  enlarging  the  ca 
pacities  of  the  great  canals  in  New  York  and 
Illinois,  as  being  of  vital,  and  rapidly  increas 
ing  importance  to  the  whole  nation,  arid  especi 
ally  to  the  vast  interior  region  hereinafter  to 
be  noticed  at  some  greater  length.  I  propose 
having  prepared  and  laid  before  you  at  an  early 
day  some  interesting  and  valuable  statistical 
information  upon  this  subject.  The  military  and 
commercial  importance  of  enlarging  the  Illinois 
and  Michigan  canal,  and  improving  the  Illinois 
river,  is  presented  in  the  report  of  Colonel 
Webster  to  the  Secretary  of  War,  and  now  trans 
mitted  to  Congress.  I  respectfully  ask  atten 
tion  to  it. 

To  carry  out  the  provisions  of  the  act  of  Con 
gress  of  the  15th  of  May  last,  I  have  caused  the 
Department  of  Agriculture  of  the  United  States 
to  be  organized. 

The  Commissioner  informs  me  that,  within 
the  period  of  a  few  months  this  department  has 
established  an  extensive  system  of  correspond 
ence  and  exchanges,  both  at  home  and  abroad, 
which  promises  to  effect  highly  beneficial  re 
sults  in  the  development  of  a  correct  knowledge 
of  recent  improvements  in  agriculture,  in  the 
introduction  of  new  products,  and  in  the  col 
lection  of  the  agricultural  statistics  of  the  dif 
ferent  States. 

Also  that  it  will  soon  be  prepared  to  distribute 
largely  seeds,  cereals,  plants  and  cuttings,  and 
has  already  published,  and  liberally  diffused, 
much  valuable  information  in  anticipation  of  a 
more  elaborate  report,  which  will  in  due  time  be 
furnished,  embracing  some  valuable  tests  in 


140 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


•chemical  science  now  in  progress  in  the  labora 
tory. 

The  creation  of  this  department  was  for  the 
more  immediate  benefit  of  a  large  class  of  our 
most  valuable  citizens  ;  and  I  trust  that  the 
liberal  basis  upon  which  it  has  been  organized 
will  not  only  meet  your  approbation,  but  that 
it  will  realize,  at  no  distant  day,  all  the  fondest 
anticipations  of  its  most  sanguine  friends,  and 
become  the  fruitful  source  of  advantage  to  all 
our  people. 

For  the  residue  of  the  Message,  see  chapter 
on  "Confiscation  and  Emancipation."  p.  220 

Members  of  the   38th   Congress,  1st 

Session,  Dec.  7, 1863-July  4, 1864. 
SENATE. 

The  following  are  the  changes  from  the  list 
as  it  stood  at  the  close  of  the  37th  Congress : 

RHODE  ISLAND — Win.  Sprague,  in  place  of 
Samuel  G.  Arnold. 

NEW  YORK — Edwin  D.  Morgan,  in  place  of 
Preston  King. 

NEW  JERSEY — Wm.  Wright,  in  place  of  James 
W.  Wall. 

PENNSYLVANIA  —  Charles  R.  Buckalew,  in 
place  of  David  Wilmot. 

DELAWARE— 1864,  Feb.  2,  George  Read  Rid 
dle,  in  place  of  James  A.  Bayard  resigned  Jan. 
29,  1864. 

MARYLAND  — -Reverdy  Johnson,  in  place  of 
Anthony  Kennedy. 

VIRGINIA — Lemuel  J.  Bowden,  in  place  of 
Waitman  T.  Willey,  term  expired.  Mr.  B.  died 
Jan.  2,  18G4.  His  vacancy  not  filled. 

WEST  VIRGINIA — (New  Senators)  Waitman 
T.  Willey,  term  to  expire  March  3,  1865,  Peter 
G.  Van  Winkle,  term  to  expire  March  3,  1869. 

INDIANA — Thomas  A.  Hendricks,  in  place  of 
David  Turpie. 

MISSOURI — 1863,  Dec.  14,  B.  Gratz  Brown, 
elected  for  the  unexpired  term  of  Waldo  P. 
Johnson,  expelled,  and  in  place  of  R.  Wilson, 
appointed. 

CALIFORNIA — John  Conness,  in  place  of  Mil 
ton  S.  Latham. 

MINNESOTA — Alexander  Ramsey,  in  place  of 
Henry  M.  B,ice. 

TENNESSEE — Unrepresented. 

MEMORANDUM  —  Messrs.  Elisha  Baxter  and 
Wm.  M.  Fishback,  claiming  to  represent  the 
State  of  Arkansas,  were  not  admitted. 

HOUSE   OF    REPRESENTATIVES. 
SCHUYLER  COLFAX,  of  Indiana,  Speaker. 

Edward  McPhersou,  of  Pennsylvania,  Clerk. 
MAINE— Lorenzo    D.    M.  Sweat,   Sidney  Per- 
"hara,  Jarnes  G.   Elaine,  John  H.    Rice,    Frede 
rick  A.  Pike. 

NEW  HAMPSHIRE — Daniel  Marcy,  Edward  H. 
Rollins,  James  W.  Patterson. 

VERMONT — Frederick  E.  Woodbridge,  Justin 
S.  Morrill,  Portus  Baxter. 

MASSACHUSETTS— Thomas  D.  Eliot,  Oakes 
Ames,  Alexander  H.  Rice,  Samuel  Hooper, 
John  B.  Alley,  Daniel  W.  Gooch,  George  S. 
Boutwell,  John  D.  Baldwin,  William  B.  Wash- 
burn,  Heni'y  L.  Dawes. 

RHODE  ISLAND— Thomas  A.  Jenckes,  Nathan' 
F.  Dixon.  I 


CONNECTICUT — Henry  C.  Deming,  James  E. 
English,  Augustus  Brandegee,  John  H.  Hub- 
bard. 

NEW  YORK  — Henry  G.  Stebbins,  Martin 
Kalbfleisch,  Moses  F.  Odell,  Benjamin  Wood, 
Fernando  Wood,  Elijah  Ward,  John  W.  Chan- 
ler,  James  Brooks,  Anson  Herrick,  William 
Radford,  Charles  H.  Winh'eld,  Homer  A.  Nel 
son,  John  B.  Steele,  John  V.  L.  Pruyn,  John 

A.  Griswold,  Orlando  Kellogg,  Calvin  T.  Hul- 
burd,  James  M.    Marvin,   Samuel   F.    Miller, 
Ambrose  W.  Clark,  Francis  Kernan,  De  WittC. 
Littlejohn,    Thomas    T.     Davis,    Theodore   M. 
Pomeroy,    Daniel  Morris,  Giles  W.    Hotchkiss, 
Robert  B.  Van  Valkenburgh,  Freeman  Clarke, 
Augustus   Frank,    John    Ganson,    Reuben   E 
Fenton. 

NEW  JERSEY — John  F.  Starr,  George  Middle- 
ton,  William  G.  Steele,  Andrew  J.  Rogers, 
Nehemiah  Perry, 

PENNSYLVANIA — Samuel  J.  Randall,  Charlea 
O'Neill,  Leonard  Myers,  William  D.  Kelley, 
M.  Russell  Thayer,  John  D.  Stiles,  John  M. 
Broomall,  Sydenham  E.  Ancona,  Thaddeus 
Stevens,  Myer  Strouse,  Philip  Johnson,  Charles 
Deuison,  Henry  W.  Tracy,  William  II.  Miller, 
Joseph  Baily,  Alexander  H.  Coffroth,  Archi 
bald  McAllister,  James  T.  Hale,  Glenni  W. 
Scofield,  Amos  Myers,  John  L.  Dawson,  James 
K.  Moorhead,  Thomas  Williams,  Jesse  Lazear. 

DELAWARE — Nathaniel  B.  Smithers. 

MARYLAND — John  A.  J.  Creswell  Edwin  H. 
Webster,  Henry  Winter  Davis,  Francis  Thomas, 
Benjamin  G  Harris. 

OHIO — Geo.  H.  Pendleton,  Alexander  Long, 
Robert  C.  Schenck,  John  F.  McKinney,  Francis 
C.  LeBlond,  Chilton  A.  White,  Samuel  S.  Cox, 
William  Johnson,  Warren  P.  Noble,  James  M. 
Ashley,  Wells  A.  Hutchins,  William  E.  Finck, 
John  O'Neill,  George  Bliss,  James  R.  Morris, 
Joseph  W.  White,  Ephraim  R.  Eckley,  Rufua 
P.  Spalding,  James  A.  Garfield. 

KENTUCKY — Lucien  Anderson,  George  H. 
Yearuan,  Henry  Grider,  Aaron  Harding,  Robert 
Mallory,  Green  Clay  Smith,  Brutus  J.  Clay, 
William  H.  Randall,  William  H.  Wads  worth. 

INDIANA — John  Law,  James  A.  Cravens, 
Henry  W.  Harrington,  William  S.  Holman, 
George  W.  Julian,  Ebenezer  Dumont,  Daniel 
W.  Voorhees,  Godlove  S.  Orth,  Schuyler  Col- 
fax,  Joseph  K.  Edgerton,  James  F.  McDowell. 

ILLINOIS — Isaac  N.  Arnold,  John  F.  Farns- 
worth,  Ellihu  B.  Washburne,  Charles  M.  Harris, 
Owen  Lovejoy,*  Jesse  0.  Norton,  John  R. 
Eden,  John  T.  Stuart,  Lewis  W.  Ross.  An 
thony  L.  Knapp,  James  C.  Robinson,  William 
R.  Morrison,  William  J.  Allen,  James  C.  Allen. 

MISSOURI — Francis  P.  Blair,  jr.,*  Henry  T. 
Blow,  John  G.  Scott,  Joseph  W.  McClurg,  Sem- 
pronius  H.  Boyd,  Austin  A.  King,  Benjamin  F. 
Loan,  William  A.  Hall,  James  S  Rollins. 

MICHIGAN — Fernando  C.  Beaman,  Charlea 
Upson,  John  W.  Longyear,  Francis  W.  Kellogg, 
Augustus  C.  Baldwin,  John  F.  Driggs. 

IOWA — James  F.  Wilson,  Hiram   Price,  Wm. 

B.  Allison,  Jcsiah   B.   Griunell,  John  A.  Kas- 
son,  Asahel  W.  Hubbard. 

WISCONSIN  — James   S.    Brown,    Ithamar  C. 

*See  memorandum  at  close  of  list. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


141 


Sloan,  Amasa  Cobb,  Charles  A.  Eldridge,  Ezra    dated   m    a   spirit    of  frankness    justice    and 
Wheeler   Walter  D.  Mclndoe.  mutual  good  will.     It  is  especially  gratifying 

CALIFORNIA— Thomas   B.    Shannon,    William    that  our  prize   courts,  by  the  impartiality  of 


their  adjudications,  have   commanded  the  re 
spect  and  confidence  of  maritime  Powers. 

The  supplemental  treaty  between  the  United 
States  and  Great  Britain  for  the  suppression  of 
the  African  slave  trade,  made  on  the  17th  day 
of  February  last,  has  been  duly  ratified  and 
carried  into  execution.  It  is  believed  ihat,  so- 
far  as  American  ports  and  American  citizens 
are  concerned,  that  inhuman  and  odious  traffic 
bas  been  brought  to  an  end. 

I  shall  submit,  for  the  consideration  of  the 
Senate,  a  convention  for  the  adjustment  of  pos 
sessory  claims  in  Washington  Territory,  arising 
out  of  the  treaty  of  the  15th  June,  1846,  between 
the  United  States  and  Great  Britain,  and  which 
have  been  the  source  of  some  disquiet  among^ 
the  citizens  of  that  now  rapidly  improving  part 
of  the  country. 

A  novel  and  important  question,  involving 
the  extent  of  the  maritime  jurisdiction  of  Spain 
in  the  waters  which  surround  the  island  of 
Cuba,  has  been  debated  without  reaching  an 
agreement,  and  it  i»  proposed,  in  an  amicable 
spirit,  to  refer  it  to  the  arbitrament  of  a  friendly 
Power.  A  convention  for  that  purpose  will  be 
submitted  to  the  Senate. 

I  have  thought  it  proper,  subject  to  the  ap 
proval  of  the  Senate,  to  concur  with  the  inter 
ested  commercial  Powers  in  an  arrangement 
for  the  liquidation  of  the  Scheldt  dues  upon 
the  principles  which  have  been  heretofore 
adopted  in  regard  to  the  imposts  upon  naviga 
tion  in  the  waters  of  Denmark. 

The  long  pending  controversy  between  this 
Government  and  that  of  Chili,  touching  the 
seizure  of  Sitaria,  in  Peru,  by  Chilian  officers, 
of  a  large  amount  in  treasure  belonging  to 
citizens  of  the  United  States,  has  been  brought 
to  a  close  by  the  award  of  his  Majesty  the 
King  of  the  Belgians,  to  whose  arbitration  the 
question  was  referred  by  the  parties.  The  sub 
ject  was  thoroughly  and  patiently  examined  by 
that  justly  respected  magistrate,  and  although 
the  sum  awarded  to  the  claimants  may  not 
have  been  as  large  as  they  expected,  there  is  no 
reason  to  distrust  the  wisdom  of  his  Majesty's 
decision.  That  decision  was  promptly  com 
plied  with  by  Chili,  when  intelligence  in  re 
gard  to  it  reached  that  country. 

The  joint  commission,  under  the  act  of  the 
last  session,  for  cai-rying  into  effect  the  con 
vention  with  Peru  on  the  subject  of  claims,  has 
been  organized  at  Lima,  and  is  engaged  in  the 
business  intrusted  to  it. 

Difficulties  concerning  inter-oceanic  transit 
through  Nicaragua  are  in  course  of  amicable 
adjustment. 

In  conformity  with  principles  set  forth  in  my 
last  annual  message.  I  have  received  a  repre 
sentative  from  the  United  States  of  Colombia,, 
and  have  accredited  a  minister  to  that  republic. 
Incidents  occurring  in  the  progress  of  our 
civil  war  have  forced  upon  my  attention  the 
uncertain  state  of  international  questions  touch- 
tions,  oetween  the  Government  and  several  of  j  ing  the  rights  of  foreigners  in  this  country  and 


Higby,  Cornelius  Cole. 

MINNESOTA. — Wm.  Windom,  Ignatius  Don 
nelly. 

OREGON — John  R.  McBride. 

KANSAS— A.  Carter  Wilder. 

WEST  VIRGINIA — Jacob  B.  Blair,  William  G. 
Brown,  Kellian  V.  Whaley. 

MEMORANDUM    OF    CHANGES. 

These  changes  occurred  during  the  session  : 

1864,  Jan.  12,  Francis  P.  Blair,  jr.,  took  his 
seat,  and  June  llth  was  unseated  by  vote  of 
the  House — yeas  81,  nays  33.  Same  day,  the 
House — yeas  70,  nays  53 — voted  that  Samuel 
Knox,  the  contestant,  was  entitled  to  the  seat, 
and  June  15th  he  was  qualified. 

1864,  March  25,  Owen  Lovejoy  died.  May  20, 
Ebon  C.  Ingersoll  qualified  as  his  successor. 

The  names  of  A.  P.  Fields  and  Thomas  Cott- 
man,  claiming  sea's  from  Louisiana,  were  placed 
upon  the  roll  by  the  Clerk  of  the  37th  Congress, 
and  voted  for  Speaker,  but  their  credentials 
were  referred  to  the  Committee  on  Elections — 
yeas  100,  nays  71 — and,  Feb.  10,  they  were 
voted  not  entitled  to  seats,  without  a  division. 
The  names  of  the  Maryland  delegation ;  of 
Messrs.  Blair,  Blow,  McClurg,  Boyd,  Loan  and 
Hall,  of  the  Missouri  delegation;  of  Mr.  Mc 
Bride,  of  Oregon  ;  of  Mr.  Wilder,  of  Kansas  ; 
and  of  the  West  Virginia  delegation,  omitted 
by  the  Clerk,  were  ordered  by  the  House,  to  be 
placed  upon  the  roll.  The  claims  of  Messrs. 
Chandler,  Segar,  and  Kitchen,  of  Virginia, 
were  referred  to  the  Committee  on  Elections, 
and  subsequently  reported  against — the  House 
concurring  in  the  report.  Messrs.  A.  A.  C. 
Rogers,  James  M.  Johnson,  and  T.  M.  Jacks, 
claiming  seats  from  Arkansas,  were  not  ad 
mit' ed. 

President  Lincoln's  Third  Annual 
Message,  December  8, 1863. 

Fellow -citizens  of  the  Senate 

and  House  of  Representatives : 

Another  year  of  health,  and  of  sufficiently 
abundant  harvests,  has  passed.  For  these,  and 
especially  for  the  improved  condition  of  our 
national  affairs,  our  renewed  and  profoundest 
gratitude  to  God  is  due. 

We  remain  in  peace  and  friendship  with  for 
eign  Powers. 

The  efforts  of  disloyal  citizens  of  the  United 
States  to  involve  us  in  foreign  wars,  to  aid  an 
inexcusable  insurrection,  have  been  unavailing. 
Her  Britannic  Majesty's  Government,  as  was 
justly  expected,  have  exercised  their  authority 
to  prevent  the  departure  of  new  hostile  expe 
ditions  from  British  ports.  The  Emperor  of 
France  has,  by  a  like  proceeding^  promptly 
vindicated  the  neutrality  which  he  proclaimed 
at  the  beginning  of  the  contest.  Questions  of 
great  intricacy  and  importance  have  arisen  out 
of  the  blockade  and  other  belligerent  opera- 


the  maritime  Powers,  but  they  have  been  dis 
cussed,  and,  as  far  as  was  possible,  accorurao- 


of  United  States  citizens  abroad.     In  regard  to 
some  Governments   these    rights    are  at  least 


142 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


partially  defined  by  treaties.  In  no  instance, 
however,  is  it  expressly  stipulated  that,  in  the 
event,  of  civil  war,  a  foreigner  residing  in  this 
country,  within  the  lines  of  the  insurgents,  is 
to  be  exempted  from  the  rule  which  classes 
him  as  a  belligerent,  in  whose  behalf  the  Gov 
ernment  of  his  country  cannot  expect  any 
privileges  or  immunities  distinct  from  that 
character.  I  regret  to  say,  however,  that  such 
claims  have  been  put  forward,  and,  in  some 
instances,  in  behalf  of  foreigners  who  have 
lived  in  the  United  States  the  greater  part  of 
iheir  lives. 

There  is  reason  to  believe  that  many  persons 
born  in  foreign  countries,  who  have  declared 
their  intentions  to  become  citizens,  or  who  have 
been  fully  naturalized,  have  evaded  the  military 
duty  required  of  them  by  denying  the  fact,  and 
thereby  throwing  upon  the  Government  the 
burden  of  proof.  It  has  been  found  difficult  or 
impracticable  to  obtain  this  proof,  from  the 
want  of  guides  to  the  proper  sources  of  infor 
mation.  These  might  be  supplied  by  requiring 
clerks  of  courts,  where  declarations  of  inten 
tions  may  be  made  or  naturalizations  effected, 
to  send,  periodically,  lists  of  the  names  of  the 
persons  naturalized,  or  declaring  their  intention 
to  become  citizens,  to  the  Secretary  of  the  Inte 
rior,  in  whose  department  those  names  might 
be  arranged  and  printed  for  general  informa 
tion. 

There  is  also  reason  to  believe  that  foreigners 
frequently  become  citizens  of  the  United  States 
for  the  sole  purpose  of  evading  duties  imposed 
by  the  laws  of  their  native  countries,  to  which, 
on  becoming  naturalized  here,  they  at  once  re 
pair,  and.  though  never  returning  to  the  United 
States,  they  still  claim  the  interposition  of  this 
Government  as  citizens.  Many  altercations 
arid  great  prejudices  have  heretofore  arisen  out 
of  this  abuse.  It  is,  therefore,  submitted  to 
your  serious  consideration.  It  might  be  advi 
sable  to  fix  a  limit,  beyond  which  no  citizen  of 
the  United  States  residing  abroad  may  claim 
the  interposition  of  his  Government. 

The  right  of  suffrage  has  often  been  assumed 
and  exercised  by  aliens,  under  pretences  of 
naturalization,  which  they  have  disavowed  when 
drafted  into  the  military  service.  I  submit  the 
expediency  of  such  an  amendment  of  the  law 
as  will  make  the  fact  of  voting  an  estoppel 
ugainst  any  plea  of  exemption  from  military 
service,  or  other  civil  obligation,  on  the  ground 
of  alienage. 

In  common  with  other  western  Powers,  our 
relations  with  Japan  have  been  brought  into 
serious  jeopardy,  through  the  perverse  opposi 
tion  of  the  hereditary  aristocracy  of  the  empire 
to  the  enlightened  and  liberal  policy  of  the  Ty 
coon,  designed  to  bring  the  country  into  the 
society  of  .nations.  It  is  hoped,  although  not 
with  entire  confidence,  that  these  difficulties 
may  be  peacefully^  overcome.  I  ask  your  at 
tention  to  the  claim  of  the  minister  residing 
there  for  the  damages  he  sustained  in  the  de 
struction  by  fire  of  the  residence  of  the  legation 
at  Yedo. 

Satisfactory  arrangements  have  been  made 
with  the  Emperor  of  Russia,  which,  it  is  be 
lieved,  will  result  in  effecting  a  continuous  line 


of  telegraph  through  that  empire  from  our  Pa 
cific  coast. 

I  recommend  to  your  favorable  consideration 
the  subject  of  an  international  telegraph  across 
the  Atlantic  ocean;  and  also  of  a  telegraph  be 
tween  this  capital  and  the  national  forts  along 
the  Atlantic  sea-board  and  the  Gulf  of  Mexico. 
Such  communications,  established  with  any 
reasonable  outlay,  would  be  economical  as  well 
as  effective  aids  to  the  diplomatic,  military,  and 
naval  service. 

The  consular  system  of  the  United  States, 
under  the  enactments  of  the  last  Congress,  be 
gins  to  be  self-sustaining  ;  and  there  is  reason 
to  hope  that  it  may  become  entirely  so,  with  the 
increase  of  trade  which  will  ensue  whenever 
peace  is  restored.  Our  ministers  abroad  have  been 
faithful  in  defending  American  rights.  In  pro 
tecting  commeicial  interests,  our  consuls  have 
necessarily  had  to  encounter  increased  labors 
and  responsibilities,  growing  out  of  the  war. 
These  they  have,  for  the  most  part,  met  and 
discharged  with  zeal  and  efficiency.  This  ac 
knowledgment  justly  includes  those  consuls 
who,  residing  in  Morocco,  Egypt,  Turkey,  Ja 
pan,  China,  and  other  Oriental  countries,  are 
charged  with  complex  functions  and  extraordi 
nary  powers. 

The  condition  of  the  several  organized  Terri 
tories  is  generally  satisfactory,  although  Indian 
disturbances  in  New  Mexico  have  not  been  en 
tirely  suppressed.  The  mineral  resources  of 
Colorado,  Nevada,  Idaho,  New  Mexico,  and  Ari 
zona,  are  proving  far  richer  than  has  been 
heretofore  understood  I  lay  before  you  a  com 
munication  on  this  subject  from  the  Governor 
of  New  Mexico.  I  again  submit  to  your  cousid- 
aration  the  expediency  of  establishing  a  system 
for  the  encouragement  of  immigration.  Al 
though  this  source  of  national  wealth  and 
strength  is  again  flowing  with  greater  freedom 
than  for  several  years  before  the  insurrection 
occurred,  there  is  still  a  great  deficiency  of  la 
borers  in  every  field  of  industry,  especially  in 
agriculture  and  in  our  mines,  as  well  of  iron 
and  coal  as?  of  the  precious  metals.  While  the 
demand  for  labor  is  much  increased  here,  tens 
of  thousands  of  persons,  destitute  of  remunera 
tive  occupation,  are  thronging  our  foreign  con 
sulates,  and  offering  to  emigrate  to  the  United 
States  if  essential,  but  very  cheap,  assistance 
can  be  afforded  them.  It  is  easy  to  see  that,  un 
der  the  sharp  discipline  of  civil  war,  the  nation 
is  beginning  a  new  life  This  noble  effort  de 
mands  the  aid,  and  ought  to  receive  the  atten 
tion  and  support  of  the  Government. 

Injuries,  unforeseen  by  the  Government  and 
unintended,  may,  in  some  cases,  have  been  in 
flicted  on  the  subjects  or  citizens  of  foreign 
countries,  both  at  sea  and  on  land,  by  persons 
in  the  service  of  the  United  States.  As  this 
Government  expects  redress  from  other  Powers 
when  similar  injuries  are  inflicted  by  persona 
in  their  service  upon  citizens  of  the  United 
States,  we  must  be  prepared  to  do  justice  to 
foreigners.  If  the  existing  judicial  tribunals 
are  inadequate  to  this  purpose,  a  special  court 
may  be  authorized,  with  power  co  hear  and  de- 
cide  such  claims  of  the  character  referred  to 
as  may  have  arisen  under  treaties  and  the  pub- 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


143 


lie  law.  Conventions  for  adjusting  the  claims 
by  joint  commission  have  been  proposed  to  some 
Governments,  but  no  definite  answer  to  the 
proposition  has  yet  been  received  from  any. 

In  the  course  of  the  session  I  shall  probably 
have  occasion  to  request  you  to  provide  indem 
nification  to  claimants  where  decrees  of  restitu 
tion  have  been  rendered,  and  damages  awarded 
by  admiralty  courts  ;  and  in  other  cases,  where 
this  Government  may  be  acknowledged  to  be 
liable  in  principle,  and  where  the  amount  of 
that  liability  has  been  ascertained  by  an  infor 
mal  arbitration. 

The  proper  officers  of  the  Treasury  have 
deemed  themselves  required  by  the  law  of  the 
United  States  upon  the  subject,  to  demand  a 
tax  upon  the  incomes  of  foreign  consuls  in  this 
country.  While  such  a  demand  may  not,  in 
strictness,  be  in  derogation  of  public  law,  or 
perhaps  of  any  existing  treaty  between  the 
United  States  and  a  foreign  country,  the  expe 
diency  of  so  far  modifying  the  act  as  to  exempt 
from  tax  the  income  of  such  consuls  as  are  not 
citizens  of  the  United  States,  derived  from  the 
emoluments  of  their  office,  or  from  property 
not  situated  in  the  United  States,  is  submitted 
to  your  serious  consideration.  I  make  this 
suggestion  upon  the  ground  that  a  comity  which 
ought  to  be  reciprocated  exempts  our  consuls, 
in  all  other  countries,  from  taxation  to  the  ex 
tent  thus  indicated.  The  United  States,  I  think, 
ought  not  to  be  exceptionally  illiberal  to  in 
ternational  trade  and  commerce. 

The  operations  of  the  Treasury  during  the 
last  year  have  been  successfully  conducted. 
The  enactment  by  Congress  of  a  national  bank 
ing  law  has  proved  a  valuable  support  of  the 
public  credit ;  and  the  general  legislation  in 
relation  to  loans  has  fully  answered  the  expect 
ations  of  its  favorers.  Some  amendments  may 
be  required  to  perfect  existing  laws,  but  no 
change  in  their  principles  or  general  scope  is 
believed  to  be  needed. 

Since  these  measures  have  been  in  operation, 
all  demands  on  the  Treasury,  including  the  pay 
of  the  Army  and  Navy,  have  been  promptly  met 
and  fully  satisfied.  No  considerable  body  of 
tro  ps,  it  is  believed,  were  ever  more  amply 
provided,  and  more  liberally  and  punctually 
paid ;  and  it  may  be  added,  that  by  no  people 
were  the  burdens  incident  to  a  great  war  ever 
more  cheerfully  borne. 

The  receipts  during  the  year  from  all  sources, 
including  loans  and  balance  in  the  Treasury  at 
its  commencement,  were  $901,125,074  86,  and 
the  aggregate  disbursements  $895,796.630  65, 
leaving  a  balance  on  the  1st  of.  July,  1863,  of 
$5,329,044  21.  Of  the  receipts  there  were 
derived  from  customs  $69,059,642  40  ;  from 
internal  revenue,  $37,640,787  95  ;  frcm  dirert 
tax,  $1,485.103  61;  from  lands,  $167,617  17; 
from  miscrllaneous  sources,  $3,046,615  35; 
and  from  loans,  $776,682,361  57  ;  making  the 
aggregate,  $901,125,674  86.  Of  the  disburse 
ments  there  were  for  the  civil  service,  $23,- 
253,922  08  ;  for  pensions  and  Indians,  $4,216,- 
520  79  ;  for  interest  on  public  debt,  $24,729,846 
51 ;  for  the  War  Department,  $599,298,600  83  ; 
for  the  Navy  Department,  $63,211,105  27;  for 
payment  of  funded  and  temporary  debt,  $181.- 


086,635  07  ;  making  the  aggregate,  $895,796,- 
630  65,  and  leaving  the  balance  of  $5,329,044 
21.  But  the  payment  of  funded  and  temporary 
debt,  having  been  made  from  moneys  borrowed 
during  the  year,  must  be  regarded  as  merely 
nominal  payments,  and  the  moneys  borrowed 
to  make  them  as  merely  nominal  receipts ;  and 
their  amount,  $181  086,635  07,  should  there 
fore  be  deducted  both  from  receipts  and  dis 
bursements.  This  being  done,  there  remains 
as  actual  receipts  $720,039,039  79,  and  the 
actual  disbursements  $714.709,995  58,  leaving 
the  balance  as  already  stated. 

The  actual  receipts  and  disbursements  for 
the  first  quarter,  and  the  estimated  receipts  and 
disbursements  for  the  remaining  three  quar 
ters  of  the  current  fiscal  year,  1864,  will  be 
shown  in  detail  by  the  report  of  the  Secretary 
of  the  Treasury,  to  which  I  invite  your  atten 
tion.  It  is  sufficient  to  say  here  that  it  is  not 
believed  that  actual  results  will  exhibit  a  state 
of  the  finances  less  favorable  to  the  country 
than  the  estimates  of  that  officer  heretofore 
submitted :  while  it  is  confidently  expected 
that  at  the  close  of  the  year  both  disbursements 
and  debt  will  be  found  very  considerably  less 
than  has  been  anticipated. 

The  report  of  the  Secretary  of  War  is  a  docu 
ment  of  great  interest.  It  consists  of — 

1.  The  military  operations  of  the  year,  de 
tailed  in  the  report  of  the  General-in-Chief. 

2.  The  organization  of  colored  persons  into 
the  war  service. 

3.  The  exchange  of  prisoners,  fully  set  forth 
in  the  letter  of  Gen.  Hitchcock. 

4.  The  operations  under  the  act  for  enrolling 
and  calling  out  the  national  forces,  detailed  in 
the  report  of  the  Provost  Marshal  General. 

5.  The  organization  of  the  invalid  corps  ;  and 

6.  The  operation  of  the  several  departments 
of  the    Quartermaster    General,    Commissary 
General,  Paymaster  General,  Chief  of  Engineers, 
Chief  of  Ordnance,  and  Surgeon  General. 

It  has  appeared  impossible  to  make  a  valuable 
summary  of  this  report  except  such  as  would 
be  too  extended  for  this  place,  and  hence  I  con 
tent  myself  by  asking  your  careful  attention 
to  the  report  itself. 

The  duties  devolving  on  the  naval  branch  of 
the  service  during  the  year,  and  throughout 
the  whole  of  this  unhappy  contest,  have  been 
discharged  with  fidelity  and  eminent  success. 
The  extensive  blockade  has  been  constantly  in 
creasing  in  efficiency,  as  the  navy  has  expand 
ed  ;  yet  on  so  long  a  line  it  has  so  far  been  im 
possible  to  entirely  suppress  illicit  trade.  From 
returns  received  at  the  Navy  Department  it  ap 
pears  that  more  than  one  thousand  vessels 
have  been  captured  since  the  blockade  was  in 
stituted,  and  that  the  value  of  prizes  already 
sent  iu  for  adjudication  amounts  to  over 
thirteen  millions  of  dollars. 

The  naval  force  of  the  United  States  consists 
at  this  time  of  five  hundred  and  eighty-eight 
vessels,  completed  and  in  the  course  of  comple 
tion,  and  of  these  seventy-five  are  iron-clad  or 
armored  steamers.  The  events  of  the  war  give 
an  increased  interest  and  importance  to  the 
Navy  which  will  probably  extend  beyond  the 
war  itself. 


144 


ADMINISTRATION    OP    ABRAHAM    LINCOLN. 


The  armored  vessels  in  our  Navy,  completed 
and  in  service,  or  which  are  under  contract  and 
approaching  completion,  are  believed  to  exceed 
in  number  those  of  any  other  Power.  But  while 
these  may  be  relied  upon  for  harbor  defence 
and  coast  service,  others  of  greater  strength  and 
capacity  will  be  necessary  for  cruising  pur- 
pc  ses,  and  to  maintain  our  rightful  position  on 
the  ocean. 

The  change  that  has  taken  place  in  naval 
vessels  and  naval  warfare  since  the  introduction 
of  steam  as  a  motive  power  for  ships  of  war 
demands  either  a  corresponding  change  in  some 
of  our  existing  navy-yards,  or  the  establishment 
of  new  ones,  for  the  construction  and  necessary 
repair  of  modern  naval  vessels.  No  inconsid 
erable  embarrassment,  delay,  and  public  injury 
have  been  experienced  from  the  want  of  such 
governmental  establishments.  The  necessity  of 
such  a  navy  yard,  so  furnished,  at  some  suitable 
place  upon  the  Atlantic  seaboard,  has  on  re 
peated  occasions  been  brought  to  the  attention 
of  Congress  by  the  Navy  Department,  and  is 
again  presented  in  the  report  of  the  Secretary 
which  accompanies  this  communication.  I 
think  it  my  duty  to  invite  your  special  attention 
to  this  subject,  arid  also  to  ihat  of  establishing 
a  yard  and  depot  for  naval  purposes  upon  one 
of  the  western  rivers.  A  naval  force  has  been 
created  on  those  interior  waters,  and  under 
many  disadvantages,  within  little  more  than 
two  years,  exceeding  in  numbers  the  whole 
naval  force  of  the  country  at  the  commencement 
of  the  present  administration.  Satisfactory  arid 
important  as  have  been  the  performances  of 
the  heroic  men  of  the  Navy  at  this  interesting 
period,  they  are  scarcely  more  wonderful  than 
the  success  of  our  mechanics  arid  artisans  in 
the  production  of  war  vessels  which  has  created 
a  new  form  of  naval  power. 

Our  country  has  advantages  superior  to  any 
other  nation  in  its  resources  of  iron  and  timber, 
with  inexhaustible  quantities  of  fuel  in  the  im 
mediate  vicinity  of  both,  all  available  and  in 
close  proximity  to  navigable  waters.  Without 
the  advantage  of  public  works  the  resources  of 
the  nation  have  been  developed  and  its  power 
displayed  in  the  construction  of  a  navy  of  such 
magnitude  which  has,  at  the  very  period  of  its 
creation,  rendered  signal  service  to  the  Union. 

The  increase  of  the  number  of  seamen  in  the 
public  service,  from  seven  thousand  five  hun 
dred  men,  in  the  spring  of  1861,  to  about  thirty- 
four  thousand  at  the  present  time,  has  been  ac 
complished  without  special  legislation,  or  extra 
ordinary  bounties  to  promote  that  increase.  It 
has  been  found,  however,  that  the  operaiion  of 
the  draft,  with  the  high  bounties  paid  for  army 
recruits,  is  beginning  to  affect  injuriously  the 
naval  service,  and  will,  if  not  corrected,  be 
likely  to  impair  its  efficiency,  by  detaching  sea- 
men  from  their  proper  vocation  and  inducing 
them  to  enter  the  J^rmy.  I  therefore  respect 
fully  suggest  that  Congress  might  aid  both  the 
army  arid  naval  service  by  a  definite  provision 
on  this  subject,  which  would  at  the  same  time 
be  equitable  to  the  communities  more  especially 
interested. 

I  cornmekd  to  your  consideration  the  sug 
gestions  of  the  Secretary  of  the  Navy  in  regard 


to  the  policy  of  fostering  and  training  seamen, 
and  also  the  education  of  officers  and  engineers 
for  the  naval  service.  The  Naval  Academy  is 
rendering  signal  service  in  preparing  midship 
men  for  the  highly  responsible  duties  which  in 
after  life  they  will  be  required  to  perform.  In 
order  that  the  country  should  not  be  deprived 
of  the  proper  quota  of  educated  officers,  for 
which  legal  provision  has  been  made  at  the  Na 
val  School,  the  vacancies  caused  by  the  neglect 
or  omission  to  make  nominations  from  the 
States  in  insurrection  have  been  filled  by  the 
Secretary  of  the  Navy.  The  school  is  now  more 
full  and  complete  than  at  any  former  period, 
and  in  every  respect  entitled  to  the  favorable 
consideration  of  Congress. 

During  the  past  fiscal  year  the  financial  con 
dition  of  the  Post  Office  Department  has  beea 
one  of  increasing  prosperity,  and  I  am  gratified 
in  being  able  to  state  that  the  actual  postal 
revenue  has  nearly  equalled  the  entire  expend 
itures  ;  the  latter  amounting  to  $11,314,206 
84,  and  the  former  to  §11, 103,789  59,  leaving 
a  deficiency  of  but  $160,417  25.  In  I860,  tiie 
year  immediately  preceding  the  rebellion,  the 
deficiency  amounted  to  $5,656,705  49,  the 
postal  receipts  of  that  year  being  $2,645,722- 
19  less  than  those  of  1863.  The  decrease  since 
1860  in  the  annual  amount  of  transportation 
has  been  only  about  25  per  cent.,  but  tho 
annual  expenditure  on  account  of  the  same 
has  been  reduced  35  per  cent.  It  is  manifest, 
therefore,  that  the  Post  Office  Department  may 
become  self-sustaining  in  a  few  years,  even 
with  the  restoration  of  the  whole  service. 

The  international  conference  of  postal  dele 
gates  from  the  principal  countries  of  Europe 
and  America,  which  was  called  at  the  sugges 
tion  of  the  Postmaster  General,  met  at  Paris 
on  the  llth  of  May  last,  and  concluded  its  de 
liberations  on  the  8th  of  June.  The  principles 
established  by  the  conference  as  best  adapted 
to  facilitate  postal  intercourse  between  nations, 
and  as  the  basis  of  future  postal  conventions, 
inaugurate  a  general  system  of  uniform  inter 
national  charges,  at  reduced  rates  of  postage, 
and  cannot  fail  to  produce  beneficial  results. 

I  refer  you  to  the  report  of  the  Secretary  of 
the  Interior,  which  is  herewith  laid  before  you, 
for  useful  and  varied  information  in  relation  to 
the  public  lands,  Indian  affairs,  patents,  pen 
sions,  and  other  matters  of  public  concern 
pertaining  to  this  department. 

The  quantity  of  land  disposed  of  during  the 
last  and  the  first  quarter  of  the  present  fiscal 
years  was  three  million  eight  hundred  and 
forty-one  thousand  five  hundred  and  forty-nine 
acres,  of  which  one  hundred  and  sixty-one 
thousand  nine  hundred  and  eleven  acres  were 
sold  for  cash,  one  million  four  hundred  and 
fifty-six  thousand  five  hundred  and  fourteen 
acres  were  taken  up  under  the  homestead  law, 
and  the  residue  disposed  of  under  laws  grant 
ing  lands  for  military  bounties,  for  railroad  and 
other  purposes.  It  also  appears  that  the  sale 
of  the  public  lands  is  largely  on  the  increase. 

It  has  long  been  a  cherished  opinion  of  some 
of  our  wisest  statesmen  that  the  people  of  the 
United  States  had  a  higher  and  more  enduring 
interest  in  the  early  settlement  and  substantial 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


145 


cultivation  of  the  public  lands  than  in  the 
amount  of  direct  revenue  to  be  derived  from 
the  sale  of  them.  This  opinion  has  had  a  con 
trolling  influence  in  shaping  legislation  upon 
the  subject  of  our  national  domain.  I  may 
cite,  as  evidence  of  this,  the  liberal  measures 
adopted  in  reference  to  actual  settlers  ;  the 
grant  to  the  States  of  the  overflowed  lands 
within  their  limits  in  order  to  their  being  re 
claimed  and  rendered  fit  for  cultivation  ;  the 
grants  to  railway  companies  of  alternate  sec 
tions  of  land  upon  the  contemplated  lines  of 
their  roads  which,  when  completed,  will  so 
largely  multiply  the  facilities  for  reaching  our 
distant  possessions.  This  policy  has  received 
its  most  signal  and  beneficent  illustration  in 
the  recent  enactment  granting  homesteads  to 
actual  settlers.  Since  the  first  day  of  January 
last  the  beforementioned  quantity  of  one  mil 
lion  four  hundred  and  fifty-six  thousand  five 
hundred  ar?d  fourteen  acres  of  land  have 
been  taken  up  under  its  provisions.  This  fact 
and  the  amount  of  sales,  furnish  gratifying 
evidence  of  increasing  settlement  upon  the 
public  lands,  notwithstanding  the  great  strug 
gle  in  which  the  energies  of  the  nation  have 
been  engaged,  and  which  has  required  so  large 
a  withdrawal  of  our  citizens  from  their  accus 
tomed  pursuits.  I  cordially  concur  in  the 
recommendation  of  the  Secretary  of  the  Inte 
rior,  suggesting  a  modification  of  the  act  in 
favor  of  those  engaged  in  the  military  and  na 
val  service  of  the  United  States.  I  doubt  not 
that  Congress  will  cheerfully  adopt  such 
measures  as  will,  without  essentially  chang 
ing  the  general  features  of  the  system,  se 
cure,  to  the  greatest  practicable  extent,  its 
benefits  to  those  who  have  left  their  homes 
in  the  defence  of  the  country  in  this  arduous 
crisis. 

I  invite  your  attention  to  the  views  of  the 
Secretary  as  to  the  propriety  of  raising,  by  ap 
propriate  legislation,  a  revenue  from  the  mine 
ral  lands  of  the  United  States. 

The  measures  provided  at  your  last  session 
for  the  removal  of  certain  Indian  tribes  have 
been  carried  into  effect.  Sundry  treaties  have 
been  negotiated,  which  will,  in  due  time,  be 
submitted  for  the  constitutional  action  of  the 
Senate.  They  contain  stipulations  for  extin 
guishing  the  possessory  rights  of  the  Indians  to 
large  and  valuable  tracts  of  land.  It  is  hoped 
that  the  effect  of  these  treaties  will  result  in 
the  establishment  of  permanent  friendly  rela 
tions  with  siu-h  of  these  tribes  as  have  been 
brought  into  frequent  and  bloody  collision  with 
our  outlying  settlements  and  emigrants.  Sound 
policy  and  our  imperative  duty  to  these  wards 
of  the  Government  demand  our  anxious  and 
constant  attention  to  their  material  well-being. 
to  their  progress  in  the  arts  of  civilization,  ami 
above  all,  to  that  moral  training  which,  under 
the  blessing  of  Divine  Providence,  will  confer 
upon  them  the  elevated  and  sanctifying  in 
fluences,  the  hopes  and  consolations  of  the 
Christian  faith. 

I  suggested  in  my  last  annual  message  the 

propriety  of  remodelling  our   Indian   system. 

Subsequent  events  have  satisfied  me  of  its  ne- 

cessitv.     The  details  set  forth  in  the  report  of 

10 


the  Secretary  evince  the  urgent  need  for  imme 
diate  legislative  action. 

I  commend  the  benevolent  institutions  estab 
lished  or  patronized  by  the  Government  in  this 
District  to  your  generous  and  fostering  care. 

The  attention  of  Congress,  during  the  last 
session,  was  engaged  to  some  extent  with  a 
proposition  for  enlarging  the  water  communi- 
|  cation  between  the  Mississippi  river  and  the 
northeastern  seaboard,  which  proposition,  how 
ever,  failed  for  the  time.  Since  then,  upon  a 
call  of  the  greatest  respectability,  a  convention 
has  been  held  at  Chicago  upon  the  same  subject, 
a  summary  of  whose  views  is  contained  in  a 
memorial  addressed  to  the  President  and  Con 
gress,  and  which  I  now  have  the  honor  to  lay 
before  you.  That  this  interest  is  one  which,  ere 
long,  will  force  its  own  way,  I  do  not  entertain 
a  doubt,  while  it  is  submitted  entirely  to  your 
wisdom  as  to  what  can  be  done  now.  Aug 
mented  interest  is  given  to  this  subject  by  the 
actual  commencement  of  the  work  on  the  Pa 
cific  railroad,  under  auspices  so  favorable  to 
rapid  progress  and  completion.  The  enlarged 
navigation  becomes  a  palpable  need  to  the  gr>  at 
road. 

I  transmit  the  second  annual  report  of  the 
Commissioner  of  the  Department  of  Agriculture, 
asking  your  attention  to  the  developments  in 
that  vital  interest  of  the  nation. 

When  Congress  assembled  a  year  ago  the  war 
had  already  lasted  nearly  twenty  months,  and 
there  had  been  many  conflicts  on  both  land  and 
sea  with  varying  results.  The  rebellion  had 
been  pressed  back  into  reduced  limits  ;  yet  the 
tone  of  public  feeling  and  opinion,  at  home  and 
abroad,  was  not  satisfactory.  With  other  signs, 
the  popular  elections,  then  just  past,  indicated 
uneasiness  among  ourselves,  while  amid  much 
that  was  cold  and  menacing,  the  kindest  words 
coming  from  Europe  were  uttered  in  accents  of 
pity,  that  we  were  too  blind  to  surrender  a 
hopeless  cause.  Our  commerce  was  suffering 
greatly  by  a  few  armed  vessels  built  upon  and 
furnished  from  foreign  shores,  and  we  were 
threatened  with  such  additions  from  the  same 
quarter  as  would  sweep  our  trade  from  the  sea 
and  raise  our  blockade.  We  had  failed  to  elicit 
from  European  Governments  anything  hopeful 
upon  this  subject.  The  preliminary  emancipa 
tion  proclamation,  issued  in  September,  was 
running  its  assigned  period  to  the  beginning  of 
the  new  year.  A  month  later  the  final  procla 
mation  came,  including  the  announcement  that 
colored  men  of  suitable  condition  would  be  re 
ceived  into  the  war  service.  The  policy  of 
emancipation,  and  of  employing  black  soldiers, 
gave  to  the  future  a  new  aspect,  about  which 
hope,  and  fear,  and  doubt  contended  in  uncer 
tain  conflict.  According  to  our  political  system, 
as  a  matter  of  civil  administration,  the  General 
Government  had  no  lawful  power  to  effect 
emancipation  in  any  State,  and  for  a  long  time 
it  had  been  hoped  that  the  rebellion  could  be 
suppressed  without  resorting  to  it  as  a  military 
measure.  It  was  all  the  while  deemed  possible 
that  the  necessity  for  it  might  come,  and  that  if 
it  should,  the  crisis  of  the  contest  would  then 
be  presented.  It  came,  and,  as  was  anticipntcd, 
it  was  followed  by  dark  and  doubtful  days. 


146 


ADMINISTRATION   OF    ABRAHAM   LINCOLN. 


Eleven  months  having  now  passed,  we  are  per-  j 
mitted  to  take  another  view.  The  rebel  borders  j 
are  pressed  still  further  back,  and  by  the  com 
plete  opening  of  the  Mississippi  the  country 
dominated  by  the  rebellion  is  divided  into  dis 
tinct,  parts,  with  no  pract:cal  communication 
between  them.  Tennessee  and  Arkansas  have 
been  substantially  cleared  of  insurgent  control, 
and  influential  citizens  in  each,  owners  of  slaves 
and  advocates  of  slavery  at  the  beginning  of  the 
rebellion,  now  declare  openly  for  emancipation 
in  their  respective  States.  Of  those  States  not 
included  in  the  emancipation  proclamation, 
Maryland  and  Missouri,  neither  of  which  three 
years  ago  would  tolerate  any  restraint  upon  the 
extension  of  slavery  into  new  territories,  only 
dispute  now  as  to  the  best  mode  of  removing  it 
within  their  own  limits. 

Of  those  who  were  slaves  at  the  beginning 
of  the  rebellion,  full  one  hundred  thousand  are 
now  in  the  United  States  military  service,  about 
one  half  of  which  number  actually  bear  arms 
in  the  ranks  ;  thus  giving  the  double  advantage 
of  taking  so  much  labor  from  the  insurgent 
cause,  and  supplying  the  places  which  other 
wise  must  be  filled  with  so  many  white  men. 
So  far  as  tested,  it  is  difficult  to  say  they  are 
not  as  good  soldiers  as  any.  No  servile  insur 
rection,  or  tendency  to  violence  or  cruelty,  has 
marked  the  measures  of  emancipation  and  arm 
ing  the  blacks.  These  measures  have  been 
much  discussed  in « foreign  countries,  and  con 
temporary  with  such  discussion  the  tone  of 
public  sentiment  there  is  much  improved.  At 
home  the  same  measures  have  been  fully  dis 
cussed,  supported,  criticised,  and  denounced, 
and  the  annual  elections  following  are  highly 
encouraging  to  those  whose  official  duty  it  is 
to  bear  the  country  through  this  great  trial. 
Thus  we  have  the  new  reckoning.  The  crisis 
which  threatened  to  divide  the  friends  of  the 
Union  is  past. 

Looking  now  to  the  present  and  future,  and 
with  reference  to  a  resumption  <ff  the  national 
authority  within  the  States  wherein  that 
authority  has  been  suspended,  I  have  thought 
fit  to.  issue  a  proclamation,  a  copy  of  which  is 
herewith  transmitted.  On  examination  of  this 
proclamation  it  will  appear,  as  is  believed,  that 
nothing  will  be  attempted  beyond  what  is 
amply  justified  by  the  Constitution.  True,  the 
form  of  an  oath  is  given,  but  no  man  is  coerced 
to  take  it.  The  man  is  only  promised  a  pardon 
in  case  he  voluntarily  takes  the  oath.  The 
Constitution  authorizes  the  Executive  to  grant 
or  withhold  the  pardon  at  his  own  absolute 
discretion  ;  and  this  includes  the  power  to  grant 
on  terms,  as  is  fully  established  by  judicial  and 
other  authorities. 

It  is  also  proffered  that  if,  in  any  of  the 
States  named,  a  State  government  shall  be,  in 
the  mode  prescribed,  set  up,  such  government 
shall  be  recognized  and  guarantied  by  the 
United  States,  abd  that  under  it  the  State 
shall,  on  constitutional  conditions,  be  protected 
against  invasion  and  domestic  violence.  The 
constitutional  obligation  of  the  United  States 
to  guaranty  to  every  State  in  the  Union  a  re 
publican  form  of  government,  and  to  protect 
the  State,  in  the  cases  stated,  is  explicit  and 


full.  But  why  tender  the  benefits  of  this  pro 
vision  only  to  a  State  government  set  up  in 
this  particular  way  ?  This  section  of  the  Con 
stitution  contemplates  a  case  wherein  the  ele 
ment  within  a  State,  favorable  to  republican 
government,  in  the  Union,  may  be  too  feeble 
for  an  opposite  and  hostile  element  external  to 
or  even  within  the  State;  aid  such  are  pre 
cisely  the  cases  with  which  we  are  now  dealing. 
An  attempt  to  guaranty  and  protect  a  re 
vived  State  government,  constructed  in  whole, 
or  in  preponderating  part,  from  the  very  element 
gainst  whose  hostility  and  violence  it  is  to  be 
protected,  is  simply  absurd.  There  must  be  a 
test  by  which  to  separate  the  opposing  elements 
so  as  to  buili  only  from  the  sound;  and  that 
test  is  a  sufficiently  liberal  one  which  accepts 
as  sound  whoever  will  make  a  swotn  recanta 
tion  of  his  former  unsoundness. 

But  if  it  be  proper  to  require,  as  a  test  of 
admission  to  the  political  body,  an  oath  of  al 
legiance  to  the  Constitution  of  the  United  States, 
and  to  the  Union  under  it,  why  also  to  the  laws 
and  proclamations  in  regard  to  slavery  ?  Those 
laws  and  proclamations  were  enacted  and  put 
forth  for  the  purpose  of  aiding  in  the  suppres 
sion  of  the  rebellion.  To  give  them  their  fullest 
effect,  there  had  to  be  a  pledge  for  their  main 
tenance.  In  my  judgment  they  have  aided, 
and  will  further  aid,  the  cause  for  which  they 
were  intended.  To  now  abandon  them  would 
be  not  only  to  relinquish  a  lever  of  power,  but 
would  also  be  a  cruel  and  an  astounding  breach 
of  faith.  I  may  add  at  this  point,  that  while  I 
remain  in  my  present  position  I  shall  not  at 
tempt  to  retract  or  modify  the  emancipation 
proclamation  ;  nor  shall  I  return  to  slavery  any 
person  who  is  free  by  the  terms  of  that  procla 
mation,  or  by  any  of  the  acts  of  Congress. 
For  these  and  other  reasons  it  is  thought  best 
that  support  of  these  measures  shall  be  inclu 
ded  in  the  oath  ;  and  it  is  believed  the  Execu 
tive  may  lawfully  claim  it  in  return  for  pardon 
and  restoration  of  forfeited  rights,  which  he 
has  clear  constitutional  power  to  withhold  alto 
gether,  or  grant  upon  the  terms  which  he  shall 
deem  wisest  for  the  public  interest  It  should 
be  observed,  also,  that  this  part  of  the  oath  is 
subject  to  the  modifying  and  abrogating  power 
of  legislation  and  supreme  judicial  decision. 

The  proposed  acquiescence  of  the  national 
Executive  in  any  reasonable  temporary  State 
arrangement  for  the  freed  people  is  made  with 
the  view  of  possibly  modifying  the  confusiou 
and  destitution  which  must  at  best,  attend  all 
classes  by  a  total  revolution  of  labor  through 
out  whole  States.  It  is  hoped  that  the  already 
deeply  afflicted  people  in  those  States  may  be 
bomcwhat  more  ready  to  give  up  the  cause  of 
their  affliction,  if,  to  this  extent,  this  vital  mat 
ter  be  left  to  themselves  ;  while  no  power  of 
the  national  Executive  to  prevent  an  abuse  is 
abridged  by  the  proposition. 

The  suggestion  in  the  proclamation  as  to 
maintaining  the  political  frame- work  of  the 
States  on  what  is  called  reconstruction,  is 
made  in  the  hope  that  it  may  do  good  without 
danger  of  harm.  It  will  save  labor,  and  avoid 
great  confusion. 

But  why  any  proclamation  now  upon  the  sub- 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


147 


ject?  This  question  is  beset  with  the  conflict 
ing  views  that  the  step  might  be  delayed  too 
long  or  be  aken  too  soon.  In  some  States  the 
elements  for  resumption  seem  ready  for  action, 
but  remain  inactive,  apparently  for  want  of  a 
rallying  point — a  plan  of  action.  Why  shall  A 
adopt  the  plan  of  B,  rather  than  B  that  of  A? 
And  if  A  and  B  should  agree,  how  can  they 
know  but  that  the  General  Government  here 
will  reject  their  plan  ?  By  the  proclamation  a 
plan  is  presented  which  may  be  accepted  by 
them  as  a  rallying  point,  and  which  they  are 
assured  in  advance  will  not  be  rejected  here. 
This  may  bring  them  to  act  sooner  than  they 
otherwise  would. 

The  objection  to  a  premature  presentation  of 
a  plan  by  the  national  Executive  consists  in  the 
dangei  of  committals  on  points  which  could  be 
more  safely  left  to  further  developments.  Care 
has  been  taken  to  so  shape  the  document  as  to 
avoid  embarrassments  from  this  source.  Say- 
ing  that,  on  certain  terms,  certain  classes  will 
be  pardoned,  with  rights  restored,  it  is  not  said 
that  other  classes,  or  other  terms,  will  never  be 
included.  Saying  that  reconstruction  will  be 
accepted  if  presented  in  a  specified  way,  it  is 
not  said  it  will  never  be  accepted  in  any  other 
way. 

The  movements,  by  State  action,  for  emanci 
pation  in  several  of  the  States,  not  included  in 
the  emancipation  proclamation,  are  matters  of 
profound  gratulation.  And  while  I  do  not  re 
peat  in  detail  what  I  have  heretofore  so  earn 
estly  urged  upon  this  subject,  my  general  views 
and  feelings  remain  unchanged;  and  I  trust 
that  Congress  will  omit  no  fair  opportunity  of 
aiding  these  important  steps  to  a  great  consum 
mation. 

In  the  midst  of  other  cares,  however  import 
ant,  we  must  not  lose  sight  of  the  fact  that  the 
war  power  is  still  our  main  reliance.  To  that 
power  alone  we  can  look,  yet  for  a  time,  to  give 
confidence  to  the  people  in  the  contested  re 
gions,  that  the  insurgent  power  will  not  again 
overrun  them.  Until  that  confidence  shall  be 
established,  little  can  be  done  anywhere  for 
what  is  called  reconstruction.  Hence  our  chief- 
est  care  must  still  be  directed  to  the  army  and 
navy,  who  have  thus  far  borne  their  harder 
part  so  nobly  and  well.  And  it  may  be  esteemed 
fortunate  that  in  giving  the  greatest  efficiency 
to  these  indispensable  arms,  we  do  also  honor 
ably  recognize  the  gallant  men,  from  command 
er  to  sentinel,  who  compose  them,  and  to  whom, 
more  than  to  others,  the  world  must  stand  in 
debted  for  the  home  of  freedom  disenthralled, 
regenerated,  enlarged,  and  perpetuated. 

ABRAHAM  LINCOLN. 

December  8,  1863. 

PROCLAMATION   OF  AMNESTY. 

Whereas,  in  and  by  the  Constitution  of  the  United  States 
it  is  provided  that  the  President  "shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United  States, 
except  in  cases  of  impeachment;"  and  whereas  a  rebellion 
now  exists  whereby  the  loyal  State  governments  of  several 
States  have  for  a  long  tune  been  subverted,  and  many  per 
sona  have  committed  and  are  now  guilty  of  treason  against 
the  United  States ;  and  whereas,  with  reference  to  said  rebel 
lion  and  treason,  laws  have  been  enacted  by  Congress  de 
claring  forfeiture!  and  confiscation  of  property  and  liberation 
Of  slaves,  all  upon  terms  and  conditions  therein  stated,  and 
also  declaring  that  the  President  was  thereby  authorized  at 


any  time  thereafter,  by  proclamation,  to  extend  to  persons 
who  may  have  participated  in  the  existing  rebellion,  in  any 
State  or  part  thereof,  pardon  and  amnesty,  with  such  excep 
tions  and  at  such  times  and  on  such  conditions  as  he  may 
deem  expedient  for  the  public  welfare ;  and  whereas  the  con 
gressional  declaration  for  limited  und  conditional  pardon  ac 
cords  with  well  established  judicial  exposition  of  the  pardon 
ing  power;  and  whereas, with  reference-  to  said  rebellion, the 
President  of  the  United  States  has  issued  several  proclama 
tions,  with  provisions  in  regard  to  the  liberation  of  slaves ; 
and  whereas  it  is  now  desired  by  some  persons  heretoforo 
engaged  in  said  rebellion  to  resume  their  allegiance  to  the 
United  States,  and  to  reinaugurate  loyal  State  governments 
within  and  tor  their  respective  States : 

Therefore,  I,  ABRAHAM  LINCOLN,  President  of  the  United 
States,  do  proclaim,  declare,  and  make  known  to  all  persons 
who  have  directly,  or  by  implication,  participated  in  the  ex 
isting  rebellion,  except  as  hereinafter  excepted,  that  a  full 
pardon  is  hereby  granted  to  them  and  each  of  them,  with 
restoration  of  all  rights  of  property,  except  as  to  slaves,  and 
in  property  cases  where  rights  of  third  parties  shall  have  in 
tervened,  and  upon  the  condition  that  every  such  person 
shall  tako  and  subscribe  an  oath,  and  thenceforward  keep 
and  maintain  said  oath  inviolate;  and  which  oath  shall  be 
registered  for  permanent  preservation,  and  shall  be  of  the 
tenor  and  effect  following,  to  wit : 

"  I, ,  do  solemnly  swear,  in  presence  of  Al 
mighty  God,  that  I  will  henceforth  faithfully  support,  pro 
tect,  and  defend  the  Constitution  of  the  United  States,  and 
the  union  of  the  States  thereunder;  and  that  I  will,  in  like 
manner,  abide  by  and  faithfully  support  all  acts  of  Congress 
passed  during  the  existing  rebellion  with  reference  to 
slaves,  so  long  and  so  far  as  not  repealed,  modified,  or  held 
void  by  Congress,  or  by  decision  of  the  Supremo  Court;  and 
that  I  will,  in  like  manner,  abide  by  and  faithfully  support 
all  proclamations  of  the  President  made  during  the  existing 
rebellion  having  reference  to  slaves,  so  long  and  so  far  as 
not  modified  or  declared  void  by  decision  of  the  Supreme 
Court.  So  help  me  God." 

The  persons  excepted  from  the  benefits  of  the  foregoing 
provisions  are  all  who  are,  or  shall  have  been,  civil  or  diplo 
matic  officers  or  agents  of  the  so-called  Confederate  Govern 
ment  ;  all  who  have  left  judicial  stations  under  the  United 
States  to  aid  the  rebellion;  all  who  are,  or  shall  have  been, 
military  or  naval  officers  of  said  so-called  Confederate  Gov 
ernment  above  the  rank  of  colonel  in  the  Army,  or  of  lieu 
tenant  in  the  Navy ;  all  who  left  seats  in  the  United  States 
Congress  to  aid  the  rebellion;  all  who  resigned  commissions 
in  the  Army  or  Navy  of  the  United  States,  and  afterwards 
aided  the  rebellion ;  and  all  who  have  engaged  in  any  way 
in  treating  colored  persons,  or  white  persons  in  charge  of 
such,  otherwise  than  lawfully  as  prisoners  of  war,  and  which 
persons  may  have  been  found  in  the  United  States  service 
as  soldiers,  seamen,  or  in  any  other  capacity. 

And  I  do  further  proclaim,  declare,  and  make  known  that 
whenever  in  any  of  the  States  of  Arkansas,  Texas,  Louisi 
ana,  Mississippi,  Tennessee,  Alabama,  Georgia,  Virginia, 
Florida,  South  Carolina,  and  North  Carolina,  a  munber  of 
persons,  not  less*  than  one  tenth  in  number  of  the  votes  cast 
in  such  State  at  the  presidential  election  of  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty,  each  having 
taken  the  oath  aforesaid  and  not  having  since  violated  it, 
and  being  a  qualified  voter  by  the  election  law  of  the  State 
existing  immediately  before  the  so-called  act  of  secession, 
and  excluding  all  others,  shall  re-establish  a  State  govern 
ment  which  shall  be  republican,  and  in  nowise  contravening 
said  oath,  such  shall  bo  recognized  as  the  true  government 
of  the  State,  and  the  State  shall  receive  theretinder  the 
benefits  of  the  constitutional  provision  which  declares  that 
"  the  United  States  shall  guaranty  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion ;  and,  on  application  of  the 
Legislature,  or  the  Executive,  (when  the  Legislature  cau- 
not  be  convened,)  against  domestic  violence." 

And  I  do  further  proclaim,  declare,  and  make  known 
that  any  provision  which  may  be  adopted  by  such  State 
government  in  relation  to  the  freed  people  of  such  State, 
which  shall  recognize  and  declare  their  permanent  free 
dom,  provide  for  their  education,  and  which  may  yet  be 
consistent,  as  a  temporary  arrangement,  with  their  present 
condition  as  a  laboring,  landless,  and  homeless  class,  will 
not  be  objected  to  by  the  national  Executive.  And  it  is 
suggested  as  not  improper,  that,  in  constructing  a  loyal 
State  government  in  any  State,  the  name  of  the  State,  the 
boundary,  the  subdivisions,  the  constitution,  and  the  gen 
eral  code  of  laws,  as  before  the  rebellion,  be  maintained, 
subject  only  to  the  modifications  made  necessary  by  the 
conditions  hereinbefore  stated,  and  such  others,  if  any, 
not  contravening  said  conditions,  and  which  may  be 
deemed  expedient  by  those  framing  the  new  State  govern 
ment. 

To  avoid  misunderstanding,  it  may  be  proper  to  say  that 
this  proclamation,  so  far  as  it  relates  to  State  governments, 
has  no  reference  to  States  wherein  loyal  State  governments 


148 


ADMINISTRATION    OP   ABRAHAM    LINCOLN. 


have  all  the  while  been  maintained.  And  for  the  same 
reason,  it  may  be  proper  to  further  say,  that  whether 
members  sent  to  Congress  from  any  State  shall  be  ad 
mitted  to  seats  constitutionally,  rests  exclusively  with  the 
respective  Houses,  and  not  to  any  extent  with  the  Execu 
tive.  And  still  further,  that  this  proclamation  is  intended 
to  present  the  people  of  the  States  wherein  the  national 
authority  has  been  suspended,  and  loyal  State  governments 
have  been  subverted,  a  mode  in  and  by  which  the  national 
and  loyal  State  governments  may  be  re-established  within 
said  States,  or  in  any  of  them ;  and,  while  the  mode  pre 
sented  is  the  best  the  Executive  can  suggest,  with  his  pres 
ent  impressions,  it  must  uot  be  understood  that  no  other 
possible  mode  would  be  acceptable. 

Given  under  my  hand,  at  the  City  of  Washington,  the 
eighth  day  of  December,  A.  D.  one  thousand  eight  hun 
dred  and  sixty-three,  and  of  the  independence  of  the 
United  States  of  America  the  eighty-eighth. 

ABRAHAM   LINCOLN. 
By  the  President : 

WILLIAM  II.  SEW  ARC,  Secretary  of  State. 

AMNESTY    DEFINED. 

By  the  President  of  the  United  States— A  Proclamation. 

Whereas  it  has  become  necessary  to  define  the  cases  in 
which  insurgent  enemies  are  entitled  to  the  benefits  of  the 
Proclamation  of  the  President  of  the  United  States,  which 
was  made  on  the  8th  day  of  December,  1863,  and  the  manner 
in  which  they  shall  proceed  to  avail  themselves  of  those  ben 
efits  :  and  whereas  the  objects  of  that  proclamation  were  to 
suppress  the  insurrection,  and  to  restore  the  authority  of  the 
United  States:  and  whereas  the  amnesty  therein  provided 
by  the  President  was  offered  with  reference  to  these  objects 
alone :  , 

Now,  therefore,  I,  ABRAHAM  LIXCOLN,  President  of  the 
United  States,  do  hereby  proclaim  and  declare  that  the  said 
proclamation  does  not  apply  to  the  cases  of  persons  who.  at 
the  time  when  they  seek  to  obtain  the  benefits  thereof  by 
taking  the  oath  thereby  prescribed,  are  in  military,  naval,  or 
civil  confinement  or  custody,  or  under  bonds  or  on  parole  of 
the  civil,  military,  or  naval  authorities,  or  agents  of  the  United 
States  as  prisoners  of  war.  or  persons  detained  for  offences 
of  any  kind,  either  before  or  after  conviction ;  and  that,  on 
the  contrary,  it  does  apply  only  to  persons  who,  being  yet 
sit  large  and  free  from  any  arrest,  confinement,  or  duress, 
shall  voluntarily  come  forward  and  take  the  s;iid  oath  with 
the  purpose  of  restoring  peace  and  establishing  the  national 
authority. 

Prisoners  excluded  from  the  amnesty  offered  in  the  said 
proclamation  may  apply  to  the  President  for  clemency,  like 
;ill  other  offenders,  and  their  application  will  receive  due 
consideration. 

I  do  further  declare  aud  proclaim  that  the  oath  prescribed 
in  the  aforesaid  proclamation  of  the  8th  of  December,  1863, 
tnay  be  taken  and  subscribed  to  before  any  commissioned 
officer,  civil,  military,  or  naval,  in  the  service  of  the  United 
States,  or  any  civil  or  military  oificer  of  a  State  or  Territory, 
not  in  insurrection,  who  by  the  law  thereof  may  be  quali 
fied  tor  administering  oaths. 

All  officers  who  receive  such  oaths  are  hereby  authorized 
to  give  certificates  thereon  to  the  persons  respectively  by 
whom  they  are  made.  And  such  officers  are  hereby  required 
to  transmit  the  original  records  of  fluch  oaths  at  as  early  a 
day  us  may  be  convenient  to  the  Department  of  State,  where 
they  will  be  deposited  and  remain  in  the  archives  of  the 
Government. 

The  Secretary  of  State  will  keep  a  register  thereof,  and 
will,  on  application  in  proper  cases,  issue  certificates  of  such 
records  in  the  customary  form  of  such  certificates. 

In  testimony  whereof  I  have  hereunto  set  my  hand,  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done*  at  the  city  of  Washington,  the  'JOth  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
lour,  aud  of  the  independence  of  the  United  States  the  eischty- 
uighth.  ABRAHAM  LINCOLN.' 

By  the  President: 
WILLIAM  H.  SKWARD,  Secretary  of  State. 


CIRCULAR    OP   THE    ATTORNEY    GENERAL. 

WASHINGTON,  February  19,  1864 — The  follow 
ing  important,  circular  letter  has  been  ad 
dressed  to  United  Spates  District  Attorneys  : 

SIR  :  Many  persons,  against  whom  criminal  indictments, 
or  against  whose  property  proceedings  under  the  confi-ra- 
tion  laws  are  pending  in  the  courts  of  the  United  States, 
growing  out  of  the  participation  of  such  persons  in  the  ex 
isting  rebellion,  have,  in  good  faith,  taken  the  oath  pre 
scribed  by  the  proclamation  of  the  President  of  8th  Decem 
ber,  1863,  and  have  therefore  entitled  themselves  to  the  full 
pardon  and  restoration  of  all  rights  of  property,  except  as 


to  slaves  and  where  rights  of  third  parties  have  intervened, 
which  that  proclamation  offers  and  secures. 

The  President's  pardon  of  a  person  guilty  of  acts  of  rebel 
lion  will  of  course  relieve  that  person  from  the  penalties 
incurred  by  his  crime,  and,  where  an  indictment  is  pending 
against  him  therefor,  the  production  of  the  pardon  signed 
by  the  President,  or  of  satisfactory  evidence  that  he  ha« 
complied  with  the  conditions  on  which  the  pardon  is  offered, 
(if  he  be  not  of  the  class  exeepted  from  the  benefits  of  the 
proclamation.)  will  be  a  sufficient  reason  for  discontinuing 
such  criminal  proceedings,  and  discharging  him  from  cus 
tody  therein. 

Nor  is  it  less  doubtful  that  a  botm^fide  acceptance  of  the 
terms  of  the  President's  Proclamation,  by  persons  guilty  of 
acts  of  rebellion,  and  not  of  the  excepted  class,  will  secure 
to  such  persons  a  restoration  of  all  the  rights  of  property, 
except  as  to  slaves  and  where  the  rights  of  third  parties 
shall  have  intervened,  notwithstanding  such  property  may, 
by  reason  of  those  acts  of  rebellion,  have  been  subject  to- 
confiscation  under  the  provisions  of  the  Confiscation  act  of 
of  6th  August,  1861,  chap.  GO,  and  17th  July,  1862,  chap. 
195.  For,  without  adverting  to  any  other  source  of  power 
in  the  President  to  restore  or  protect  their  rights  of  prop 
erty,  the  13th  section  of  the  act  of  17th  of  July,  1862,  au 
thorizes  the  President  at  any  time  thereafter,  by  proclama 
tion,  to  extend  to  persons  who  may  have  participated  in  the 
existing  rebellion  in  any  State  or  part  thereof,  pardon  and 
amnesty,  with  such  exceptions,  and  at  such  time  arid  on 
such  conditions,  as  he  may  deem  expedient  for  the  public 
welfare.  It  will  hardly  be  questioned,  I  suppose,  that  the 
purpose  of  this  section,  inserted  in  a  law  mainly  intended 
to  reach  the  property  of  persons  engaged  in  rebellion,  was 
to  vest  the  President  with  power  to  relieve  such  persons,  on 
such  conditions  sis  he  should  prescribe,  from  the  penalty  of 
loss  of  their  property  by  confiscation.  Although  the  pro 
ceedings  for  confiscation  under  the  acts  of  Aug.  6, 1861,  and 
July  17, 1862,  are  in  rem,  against  the  property  seized,  yet, 
under  both  acts,  the  ground  of  condemnation  is  the  per 
sonal  guilt  of  the  owner  in  aiding  the  rebellion.  By  the 
pardon  and  amnesty,  not  only  is  the  punishment  of  that 
personal  guilt  remitted,  but  the  offence  itself  is  effaced,, 
that  being  the  special  effect  of  an  act  of  amnesty  by  the 
Government.  Of  course  it  arrests  and  puts  an  end  to  all 
penal  proceedings  founded  thereon,  whether  they  touch 
the  persons  or  the  property  of  the  offender. 

There  is,  therefore,  no  case  of  judicial  proceedings  to  en 
force  the  penalties  of  acts  of  rebellion  which  cannot  be- 
reached  and  cured  by  the  constitutional  or  statutory  power 
of  the  President  to  grant  pardon  and  amnesty,  whether 
those  proceedings  be  against  the  person  of  the  offender  by 
criminal  indictment  or  against  his  property  under  the  con 
fiscation  sicts  referred  to. 

The  President  has  accordingly  directed  me  to  instruct  you* 
that,  in  any  case  where  proceedings  have  been  commenced 
and  arc  pending  and  undetermined  in  the  District  or  Circuit 
Court  of  the  United  States  for  your  district  against  a  person 
charged  with  acts  of  rebellion,  and  not  of  the  excepted  class, 
whether  they  be  by  indictment  or  by  seizure  and  libel  of  his 
property  for  confiscation,  (the  rights  of  other  parties  not 
having  intervened,)  you  will  discontinue  and  put  an  end  U> 
those  proceedings,  whenever  the  person  so  charged  shall 
produce  evidence  satisfactory  to  you  that  he  has,  in  good 
faith,  taken  the  oath  and  complied  with  the  conditions  pre 
scribed  by  the  President's  proclamation  of  the  8th  December^ 
1863.  Nor  is  it  necessary  that  the  evidence  which  he  pro 
duces  should  be  a  deed  of 'pardon  signed  by  the  President. 

It  would  be  quite  impossible  for  the  President  to  furnish 
the  multitudes  who  are  now  availing  themselves  of  the  bene 
fits  of  the  Proclamation,  and  who  are  likely  to  do  so  here 
after,  with  his  formal  evidence  of  pardon.  It  will  be  suffi 
cient  to  j  ustify  your  action  if  the  party  seeking  to  be  relieved 
from  further  proceedings  shall  prove  to  your  lull  satisfaction 
that  he  has,  in  good  faith,  taken  the  oath  and  brought  him 
self  within  the  conditions  of  pardon  and  simnesty  set  lortb 
in  the  Proclamation. 

If,  in  any  case,  you  have  good  reason  to  believe  that  the 
oath  has  been  taken  for  the  mere  purpose  of  obtaining  the 
possession  of  personal  property  seized  under  the  Confisca 
tion  acts,  with  intent  to  remove  it  from  the  subsequent  reach 
of  the  officers  of  the  law,  you  will  make  report  of  the  facts 
and  reasons  for  your  belu'f  to  this  office  before  discontinuing 
the  proceedings  or  restoring  such  property  to  the  possession 
of  the  owner.  Forfeitures  under  the  fifth  section  of  the  act 
of  13th  July,  1861,  chapter  3,  are  not  of  the  class  reached 
by  the  President's  Prodamation,  for,  under  thsit  act,  the 
question  whether  the  property  seized  is  subject  to  forfeiture 
depends  upon  the  predicament  of  the  property  itself,  and 
not  upon  the  general  guilt  or  innocence  of  its  owner.  In 
this  respect,  forfeitures  under  that  act  have  more  resem 
blance  to  cases  of  prize  of  war,  captured  at  sea  as  enemy's 
property  than  to  proceedings  under  the  acts  of  August,  1861, 
and  July,  1862.  Such  forfeitures  arc  enforced  not  so  much, 
to  punish  the  owner  for  disloyal  acts  as  to  prohibit  com 
mercial  intercourse,  and  to  weaken  the  public  enemy,  whkb 


ADMINISTRATION   OF   ABRAHAM   LINCOLN. 


mre  always  efficient  instruments  and  legitimate  effects  of 
public  war. 

But  although  the  remission  of  forfeitures  tinder  the  act  of 
July,  1861,  are  thus  not  within  the  scope  of  the  Proclamation 
of  pardon,  still  ample  power  is  conferred  on  the  Secretary  of 
the  Treasury  by  the  eighth  section  of  that  act  to  mitigate  or 
^eniit  all  forfeitures  and  penalties  incurred  under  the  act. 
And  it  is  not  to  be  doubted  that  in  all  proper  cases  under 
that  act,  where  tho  owner  of  the  property,  residing  in  the 
territory  in  rebellion,  complies  with  the  conditions  of  the 
Proclamation,  the  Secretary  of  the  Treasury  will  exer 
cise  tho  power  of  remission  of  such  forfeitures  in  the  same 
spirit  of  generous  forbearance  and  liberality  which  inspired 
And  characterizes  tho  Proclamation. 

Very  respectfully,  &c.,  TITIAN  J.  COFFEY, 

Acting  Attorney  General. 

To ,  United  States  District  Attorney  at . 

Other   Proclamations   of  the   Presi 
dent. 

THE    BLOCKADE. 

Whereas  an  insurrection  against  the  Government  of  the 
United  States  has  broken  out  in  the  States  of  South  Caro 
lina,  Georgia,  Alabama,  Florida,  Mississippi,  Louisiana,  and 
Texas,  and  the  laws  of  the  United  States  for  the  collection 
of  the  revenue  cannot  be  effectually  executed  therein  con 
formably  to  that  provision  of  the  Constitution  which  re 
quires  duties  to  be'uniibrm  throughout  the  United  States : 

And  whereas  a  combination  of  persons  engaged  in  such 
insurrection  have  threatened  to  grant  pretended  letters  of 
inarque  to  authorize  the  bearers  thereof  to  commit  assaults 
on  the  lives,  vessels,  and  property  of  good  citizens  of  the 
country  lawfully  engaged  in  commerce  on  the  high  seas, 
and  in  waters  of  the  United  States: 

And  whereas  an  executive  proclamation  has  been  already 
issued,  requiring  the  persons  engaged  in  these  disorderly 
proceedings  to  desist  therefrom,  calling  out  a  militia  force 
for  the  purpose  of  repressing  tho  same,  and  convening  Con 
gress  in  extraordinary  session  to  deliberate  and  determine 
thereon : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  with  a  view  to  the  same  purposes  before  men 
tioned,  and  to  the  protection  of  the  public  peace,  and  the 
lives  and  property  cf  quiet  and  orderly  citizens  pursuing 
their  lawful  occupations,  until  Congress  shall  have  assem 
bled  and  deliberated  on  the  said  unlawful  proceedings,  or 
until  the  same  shall  have  ceased,  have  further  deemed  it 
advisable  to  set  oa  foot  a  blockade  of  the  ports  within  the 
States  aforesaid,  in  pursuance  of  the  laws  of  the  United 
States  and  of  the  law  of  nations  in  such  case  provided. 
For  this  purpose  n  competent  force  will  be  posted  so  as  to 
prevent  entrance  and  exit  of  vessels  from  the  ports  afore 
said.  If,  therefore,  with  a  view  to  violate  such  blockade,  a 
•vessel  shall  approach,  or  shall  attempt  to  leave  either  of  the 
said  ports,  she  will  be  duly  warned  by  the  commander  of 
one  of  tho  blockading  vessels,  who  will  indorse  on  her  re 
gister  the  fact  and  date  of  such  warning;  and  if  the  same 
vessel  shall  again  attempt  to  enter  or  leave  the  blockaded 
port,  she  will  be  captured  and  sent  to  the  nearest  conveni 
ent  pert,  for  such  proceedings  against  her  and  her  cargo  as 
prize  as  may  be  deemed  advisable. 

And  I  hereby  proclaim  and  declare  that  if  any  person,  un 
der  the  pretended  authority  of  the  said  States,  or  under  any 
other  pretence,  shall  molest  a  vessel  of  tho  United  States,  or 
the  pei-sons  or  cargo  on  board  of  her,  such  person  will  bo  held 
amenable  to  the  laws  of  the  United  States  for  the  prevention 
and  punishment  of  piracy.  ABRAHAM  LINCOLN. 

By  the  President : 

.    WILLIAM  H.  SEWARD,  Secretary  of  State. 
"WASHINGTON,  April  19, 1861. 

OF  VIRGINIA  AND    NORTH    CAROLINA. 

On  the  27th  of  April,  the  following  additional 
proclamation,  extending  the  blockade,  was  is 
sued: 

Whereas,  for  the  reasons  assigned  in  my  proclamation  of 
the  1'Jth  instant,  a  blockade  of  tho  ports  of  the  States  of 
Sonth  Carolina, Georgia,  Florida,  Alabama,  Louisiana,  Missis 
sippi,  and  Texas,  was  ordered  to  lie  established:  and  whereas, 
since  that  date,  public  property  of  the  United  States  hos  been 
seized,  the  collection  of  the  rcveimo  obstructed,  and  duly 
commissioned  officers  of  the  United  States,  while  engaged  in 
executing  the  orders  of  their  superiors,  have  been  arrested 
and  held  in  custody  as  prisoners,  or  have  been  impeded  in 
the  discharge  of  their  official  duties,  without  due  legal  pro 
cess,  by  persons  claiming  to  act  under  authority  of  the  States 
of  Virginia  ami  North  Carolina  :  An  efficient  blockade  of  the 
ports  of  those  States  will  also  be  established. 

In  witness  whereof,  I  have  hereunto  set  uiy  hand,  and 
caused  the  seal  of  the  United  States  to  be  affixed. 


Done  at  the  city  of  Washington,  this  27th  day  of  April,  la 
the  year  of  our  Lord  1861,  and  of  tho  independence  of  taa 
United  States  the  eightv-fifth. 

ABRAHAM  LINCOLN. 
By  the  President : 
WILLIAM  H.  SEWARD,  Secretary  of  State. 

1862,  May  12— The  PRESIDENT    issued   a    proclamation 
opening  the  ports  of  Beaufort,  Port  Royal ,  and  New  Orleans. 

1863,  September  24— The  PRESIDENT  issued  a  proclama 
tion  opening  the  port  of  Alexandria,  Virginia. 

1864,  February  18 — Tho  PRESIDENT  issued  a  proclamation 
opening  the  port  of  Brownsville,  Texas. 

1864,  November  19— Norfolk,  Fernandina,  and  Pensacola 
pppned  after  December  1. 

COMMERCIAL  INTERCOURSE  WITH  THE  REBELLIOUS 
STATES    PROHIBITED. 

Whereas,  on  the  15th  day  of  April,  1861,  the  President  of 
the  United  States,  in  view  of  an  insurrection  against  the  laws, 
Constitution,  and  Government  of  the  United  States,  which 
had  broken  out  within  the  States  of  South  Carolina,  Georgia, 
Alabama,  Florida,  Mississippi,  Louisiana,  and  Texas,  and  in 
pursuance  of  tho  provisions  of  the  act  entitled  "An  act  to 
provide  for  calling  forth  the  militia  to  execute  tho  laws  of 
the  Union,  suppress  insurrections,  and  repel  invasions,  and 
to  repeal  the  act  now  in  force  for  that  purpose,"  approved 
February  28, 1795,  did  call  forth  the  militia  to  suppress  said 
insurrection  and  to  cause  the  laws  of  the  Union  to  be  duly 
executed,  and  the  insurgents  have  failed  to  disperse  by  the 
time  directed  by  tho  President ;  and  whereas  such  insurrec 
tion  has  since  broken  out  and  yet  exists  within  tho  Staterf  of 
Virginia,  North  Carolina,  Tennessee,  and  Arkansas:  and 
whereas  the  insurgents  in  all  tho  said  States  claim  to  act 
under  tho  authority  thereof,  and  such  claim  is  not  disclaimed 
or  repudiated  by  the  persons  exercising  the  functions  of  gov 
ernment  in  such  State  or  States,  or  in  the  part  or  parts 
thereof,  in  which  such  combinations  exist,  nor  has  such 
insurrection  been  suppressed  by  said  States : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  in  pursuance  of  th0  act  of  Congress  approved 
July  13, 1861,  do  hereby  declare  that  the  inhabitants  of  the 
said  States  of  Georgia,  South  Carolina,  Virginia,  North  Caro 
lina,  Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas,  Mis 
sissippi,  and  Florida,  (except  the  inhabitants  of  that  part  of 
the  State  of  Virginia  lying  west  of  the  Alleghany  Moun 
tains,  and  of  such  other  parts  of  that  State  and  the  other 
States  hereinbefore  named  as  may  maintain  a  loyal  adhe 
sion  to  the  Union  and  the  Constitution,  or  may  be  from 
time  to  time  occupied  and  controlled  by  the  forces  of  the 
United  States  engaged  in  tho  dispersion  of  said  insurgents) 
are  in  a  state  of  insurrection  against  the  United  States,  and 
that  all  commercial  intercourse  between  the  same  and  the 
inhabitants  thereof,  with  the  exceptions  aforesaid,  and  the 
citizens  of  other  States  and  other  parts  of  the  United  States, 
is  unlawful  and  will  remain  unlawful  until  such  insurrec 
tion  shall  ceaso  or  lias  been  suppressed ;  that  all  goods  and 
chattels,  wares  and  merchandise,  coming  from  any  of  said 
States,  with  tho  exceptions  aforesaid,  into  other  parts  of  the 
United  States,  without  the  special  license  and  permission  of 
the  President,  through  th1  .secretary  of  the  Treasury,  or  pro 
ceeding  to  any  of  said  States,  with  the  exceptions  aforesaid, 
by  land  or  water,  vogetlier  with  the  vessel  or  vehicle  con 
veying  the  same  or  conveying  persons  to  or  from  tho  saH 
States,  with  said  exceptions,  will  bo  forfeited  to  the  United 
States;  and  that,  from  and  after  fifteen  days  from  tho  issu 
ing  of  this  proclamation,  all  ships  and  vessels  belonging,  in 
whole  or  in  part,  to  any  citizen  or  inhabitant  of  any  of 
said  States,  with  said  exceptions,  found  at  sea  or  in  any 
port  of  tho  United  States,  will  be  forfeited  to  the  United 
States ;  and  I  hereby  enjoin  upon  all  district  attorneys, 
marshals,  and  officers  of  the  revenue  and  of  the  military  and 
naval  forces  of  the  United  States,  to  be  vigilant  in  the  exe 
cution  of  said  act,  and  in  tho  enforcement  of  the  penal 
ties  and  forfeitures  imposed  or  declared  by  it;  leaving  any 
party  who  may  think  himself  aggrieved  thereby  to  his  ap 
plication  to  the  Secretary  of  tho  Treasury  for  tho  remission 
of  any  penalty  or  forfeiture,  which  the  said  Secretary  is 
authorized  by  law  to  grant,  if,  in  his  judgment,  the  special 
circumstances  of  any  case  shall  require  such  remission. 

In  witness  whereof  I  have  hereunto  set  my  hand,  and 
caused  tho  seal  of  the  United  States  to  be  atfixed. 

Done  at  tho  city  of  Washington,  this  sixteenth  day  of  Au 
gust,  in  tho  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  and  of  tho  independence  of  the  United  States 
of  America  the  eighty-sixth.  ABRAHAM  LINCOLN. 

By  tho  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

1863,  April  2 — The  PRESIDENT  issued  a  proc- 


150 


ADMINISTRATION   OF    ABRAHAM   LINCOLN. 


lamntion  modifying  the  above,  and  reciting  his 
reasons  therefor: 

And  wnercas  experience  has  shown  that  the  exceptions 
m;tdo  in  and  by  said  proclamation  embarrass  the  due  en 
forcement  of  said  act  of  July  113,  1F61,  j-.nd  the  proper  regu 
lation  of  the  commercial  intercourse  authorized  by  said  art 
with  the  loyal  citizens  of  said  States: 

Now,  therefore,  I,  ABRAHAM  LINCOLN",  President  of  the 
United  States,  do  hereby  revoke  the  said  exceptions,  and 
declare  that  the  inhabitants  of  the  States  of  Georgia,  South 
Carolina,  North  Carolina,  Tennessee,  Alabama,  Louisiana, 
Texas,  Arkansas,  Mississippi,  Florida,  and  Virginia,  (except 
the  forty-eight  counties  of  Virginia  designated  as  West  Vir 
ginia,  and  except,  also,  the  ports  of  New  Orleans,  Key  West, 
Port  Royal,  and  Beaufort,  in  North  Carolina,)  are  in  a  state 
of  insurrection  against  the  United  States,  and  that  all  com 
mercial  intercourse,  not  licensed  and  conducted  as  provided 
in  said  act,  between  the  said  States  and  the  inhabitants 
thereof,  with  the  exceptions  aforesaid,  and  the  citizens  of 
other  States  and  other  parts  of  the  United  States,  is  unlaw 
ful,  and  will  remain  unlawful  until  such  insurrection  shall 
cease  or  has  been  suppressed,  and  notice  thereof  has  been 
duly  given  by  proclamation;  and  all  cotton,  tobacco,  and 
other  products,  and  all  other  goods  and  chattels,  wares,  and 
merchandise  coming  from  any  of  said  States,  with  the  ex 
ceptions  aforesaid,  into  other  parts  of  the  United  States,  or 
proceeding  to  any  of  said  States,  with  the  exceptions  afore 
said,  without  the  license  and  permission  of  the  President, 
through  the  Secretary  of  the  Treasury,  will,  together  with 
the  vessel  or  vehicle  conveying  the  same,  be  forfeited  to  the 
United  States. 

DECLARING    BOUNDARIES    OF    THE    INSURRECTION. 

Whereas,  in  and  by  the  second  section  of  an  act  of  Con 
gress  passed  on  the  7th  day  of  June,  A.  D.  1862,  entitled 
"  An  act  for  the  collection  of  direct  taxes  in  insurrectionary 
districts  within  the  United  States,  and  for  other  purposes/' 
it  is  made  the  duty  of  the  President  to  declare,  on  or  before 
the  1st  day  of  July  then  next  following,  by  his  proclamation, 
in  what  States  and  parts  of  States  insurrection  exists  : 

Now,  therefore,  be  it  known  that  I,  ABRAHAM  LINCOLN, 
President  of  the  United  States  of  America,  do  hereby  declare 
and  proclaim  that  the  States  of  South  Carolina,  Florida, 
Georgia,  Alabama,  Louisiana,  Texas,  Mississippi,  Arkansas, 
Tennessee,  North  Carolina,  and  the  State  of  Virginia,  except 
tho  following  counties:  Hancock,  Brooke,  Ohio,  Marshall, 
Wetzel,  Marion,  Monongalia,  Preston,  Taylor,  Pleasants, 
Tyler,  Eitchie,  Doddridgc,  Harrison,  Wood,  Jackson,  Wirt, 
Roanc,  Calhoun,  Gilmer,  Barbour,  Tucker,  Lewis,  Braxton, 
Upshur,  Randolph,  Mason,  Putnam,  Kanawha,  Clay,  Nicho 
las,  Cabell,  Wayne,  Boone,  Logan,  Wyoming,  Webster,  Fay- 
ette,  and  Raleigh,  are  now  in  insurrection  and  rebellion,  and 
by  reason  thereof  the  civil  authority  of  tho  United  States  is 
obstructed  so  that  the  provisions  of  the  "Act  to  provide  in 
creased  revenue  from  imports,  to  pay  the  interest  on  the 

?ublic  debt,  and  for  other  purposes/'  approved  August  5, 
t-61,  cannot  be  peaceably  executed,  and  that  the  taxes  le 
gally  chargeable  upon  real  estate  under  tho  act  last  afore 
said,  lying  within  the  States  and  parts  of  States  as  aforesaid, 


together  with  a  penalty  of  fifty  per  centum  of  said  taxes, 
shall  be  a  lien  upon  the  tracts  or  lots  of  the  same,  severally 
charged,  till  paid. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and 
caused  the  seal  of  the  United  States  to  bo  affixed. 

Done  at  the  city  of  Washington,  this  1st  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two, 
and  of  the  independence  of  the  United  States  of  America  the 
eighty-sixth.  ABRAHAM  LINCOLN. 

By  the  President: 

F.  W.  SEWAHD,  Acting  Secretary  of  State. 

PKOCEEDINGS  OF  CONGRESS. 

ACTS      OF      THE       PRESIDENT      APPROVED  —  FIRST 
SESSION,  THIRTY-SEVENTH  CONGRESS. 

1861,  August  5—  Congress  passed  a  bill,  the 
third  section  of  which  was  as  follows: 

That  all  the  acts,  proclamations,  and  orders  of  the  Presi 
dent  of  the  United  States  after  the  4th  of  March,  1861, 
respecting  the  urmy  and  navy  of  the  United  States,  and 
calling  out  or  relating  t#  the  militia  or  volunteers  from 
the  States,  are  hereby  approved  and  in  all  respects  legal 
ized  and  made  vulid,  to  tho  same  inte'it  and  \\  ith  the  same 
effect,  as  if  they  had  been  issued  and  done  under  the  pre 
vious  express  authoi  ity  and  direction  of  the  Congress  ot  the 
United  States. 

In  SENATE,  the  bill  passed  —  yeas  33,  nays  5, 
as  follows  : 
YEAS  —  Messrs.    Anthony,    Baker,    Browning,    Carlilc, 


Chandler,  Collamer,  Cowan.  Dixon,  Doolittle,  Fessenden, 
Foot,  Foster,  Grimes,  Hale,  Harlan,  Harris,  How<-,  Jch:i~ 
son  of  Tennessee,  King,  1-ane  (f  Indiana,  Lane  of  Kmsaa, 
Latham,  McDoufjull,  Morrill,  Iticc,  Sherman,  Simnicsa, 

Simmer,  Ten  1  yck,  Trumbull.  Wade,  Wilkinson,  \Vilsoa 

33. 

NAYS— Messrs.  Breckinridge,  Kennedy,  Polk,  Powell, 
Saulsbury — 5. 

In  HOUSE,  the  motion  to  strike  from  the  bi'l 
the  ratifying  section,  was  lost — yeas  19,  no  /a 
74  ;  as  follows  ; 

YEAS — Messrs.  Allen,  Ancona,  George  II.  Browne,  Cul 
vert,  Cox,  Cris  field,  Jackson,  Johnson,  May, Nolle, Pcndleton, 
James  S.  Rollins,  Sfiiel,  Smith,  Vallandigham.  Voorheex, 
Wadsworth,  Ward,  Webster— 19. 

NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Gold 
smith  F.  Bailey,  Boxter,  Beaman, Francis  P.Blair,  Samuel 
S.  B'air,  Blake,  Buffinton,  Cobb,  Colfax,  Frederick  A. 
Conkling,  Conway,  Covode.  Diven,  Ducll,  Dunn,  Edwards. 
Eliot,  Feuton,  Feseendeu,  Frank,  Goodwin,  Granger.  Gar 
ley,  Haight,IIale,  Ilanrhett,  Harrison,  Horton,  Hntchins, 
Julian,  Kelley,  Francis  W.Kelloztr,  William  Kellogg  Lan 
sing,  Leary,  Loomis.  Lovejoy,  McKcan,  McKnight.  Mc- 
Pherson,  Mitchell,  Moarhead,  Anson  P.  Morrill,  Justin  S. 
Merrill,  Olin,  Pike,  Porter,  Alexander  II.  Rice,  John  H. 
Rice,  Riddle,  Edward  II.  Rollins,  Swlgwic';,  Shanks, 
Sftfffield,  BbeUabarger,  Sherman,  Stevens,  Benjamin  F. 
Thomas,  Francis  Thomas.  Train,  Trowbridge,  Van  Horn, 
Verree,  Wall,  Charles  W.  Walton,  E.  P.  Walton,  Albert  3. 
White,  Windom,  Worcester— 74. 

The  bill  then  passed  without  a  division. 

African  Slave  Trade. 

1862,  April  *7 — A  treaty  was  made  between 
William  II.  Seward  and  Lord  Lyons  for  the 
suppression  of  the  African  Slave  Trade,  tvhich 
was  ratified  by  the  Senate,  and  announced  by 
proclamation  of  the  President,  June  7,  1862, 
Article  1  of  which  is  as  follows: 

The  two  high  contracting  parties  mutually  consent  that 
those  ships  of  their  respective  navies  which  shall  be  pro 
vided  with  special  instructions  for  that  purpose,  as  herein 
after  mentioned,  may  visit  such  merchant  vessels  of  the 
two  nations  as  may,  upon  reasonable  grounds,  bo  suspected 
of  being  engaged  in  the  African  slave  trade,  or  of  having 
been  fitted  out  for  that  purpose;  or  of  having,  during  tho 
voyage  on  which  they  are  met  by  the  said  cruisers,  been- 
eugnged  in  the  African  slave  trade,  contrary  to  the  provi 
sion  of  this  treaty ;  and  that  such  cruisers  may  detain,  and 
send  or  carry  away,  such  vessels,  in  order  that  they  may 
bo  brought  to  trial  in  the  manner  hereinafter  agreed  upon. 

In  order  to  fix  the  reciprocal  right  of  search  in  such  a 
manner  as  shall  be  adapted  to  the  attainment  of  the  object 
of  this  treaty,  and  at  the  same  time  avoid  doubts,  disputes, 
and  complaints,  the  said  right  of  March  shall  be  understood 
in  the  manner  and  according  to  the  rules  following  : 

First.  It  shall  never  be  exercised  except  by  vessels  of 
war,  authorized  expressly  for  that  object,  according  to  the 
stipulations  of  this  treaty. 

Secondly.  The  right  of  search  shall  in  no  case  be  oxen  -is.  •<! 
with  respect  to  n.  vessel  of  the  navy  of  either  of  the  two 
Powers,  but  shall  be  exercised  only  as  regards  merchant 
vessels;  and  it  shall  not  be  exercised  by  a  vessel  of  war  of 
either  contracting  party  within  the  limits  of  a  settlement 
or  port,  nor  within  the  territorial  waters  of  the  other 
party. 

Thirdly.  Whenever  a  merchant  vessel  is  searched  by  a 
ship  of  war,  tho  commander  of  the  said  ship  shall,  in  tho 
act  of  so  doing,  exhibit  to  the  commander  of  the  merchant 
vessel  tho  special  instructions  by  which  he  is  duly  author 
ized  to  search;  and  shall  deliver  to  such  commander  a  cer 
tificate,  signed  by  himself,  stating  his  rank  in  the  naval 
service  of  his  country,  and  the  name  of  tho  vessel  he  com 
mands,  and  also  declaring  that  the  only  object  of  tho  search 
is  to  ascertain  whether  the  vessel  is  employed  in  the  Afri 
can  slave  trade,  or  is  fitted  up  for  the  said  trade.  When 
the  search  is  made  by  an  officer  of  the  cruiser  who  is  not 
the  commander,  such  officer  shall  exhibit  to  the  c;.ptain  of 
the  merchant  vessel  a  copy  of  the  before-mentioned  special 
instructions,  signed  by  the  commander  of  the  cruiser;  and 
he  shall  in  like  manner  deliver  a  certificate  signed  by  him 
self,  stating  his  rank  in  the  navy,  tho  name  of  the  com 
mander  by  whoso  orders  he  proceeds  to  make  the  search, 
that  of  the  cruiser  in  which  he  sails,  and  the  object  of  th>j 
search,  as  above  described.  If  it  appears  from  tho  ssarch 
tkat  the  papers  of  the  vessel  are  in  regular  order,  and  that 
it  is  employed  on  lawful  objects,  the  officer  shall  enter  in 
the  log-book  of  the  vessel  that  the  search  has  been  made  in 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


151 


pursuance  of  the  aforesaid  special  instructions;  and  the 
vessel  ehall  be  left  at  liberty  to  pursue  its  voyage.  The 
rank  of  the  officer  who  makes  the  search  must  not  be  less 
than  that  of  lieutenant  in  the  navy,  unless  the  command, 
either  by  reason  of  death  or  other  cause,  is  at  the  time  held 
by  an  officer  of  inferior  rank. 

Fourthly.  The  reciprocal  right  of  search  and  detention 
shall  be  exercised  only  within  the  distance  of  two  hundred 
wiles  from  the  coast  of  Africa,  and  to  the  southward  of  the 
thirty-second  parallel  of  north  latitude,  and  within  thirty 
leagues  from  the  coast  of  the  Island  of  Cuba. 

1862,  June  26 — In  Senate,  the  bill  to  carry 
into  effect  this  treaty,  by  providing  for  the  offi 
cials,  Ac.,    passed— yeas  34,  nays  4,  (Messrs. 
Carlile,  Kennedy,  Powell,  Saulsbury.) 

July  7 — The  bill  passed  the  House  without  a 
division. 

1863,  February  17— The  treaty  was  modified 
by  the   addition   of  an  article  authorizing   '.he 
exercise  of  the  reciprocal  right  of  visit  and 
de  cntion  within  thirty  leagues  of  the  island  of-' 
Madagascar,  within  thirty  leagues  of  the  island 
of  Puerto  Rico,  and  within  thirty  leagues  of  the 
island  of  San  Domingo. 

THE    *'  CONFEDERATE  "    RECORD. 

Soon  after  the  adoption  of  their  Constitution 
in  18G1,  the  rebel  Congress  passed  a  bill  in  re 
lation  to  the  slave  trade,  which  JEFFERSON  DA 
VIS  returned,  with  his  objections,  as  follows  : 

EXECUTIVE  DEPARTMENT, 

February  28, 1861. 

GENTLEMEN  OF  CONGRESS  :  With  sincere  deference  to  the 
judgment  of  Congress,  I  have  carefully  considered  the  bill 
in  relation  to  the  slave  trade,  and  to  punish  persons  offend 
ing  therein,  but  have  not  been  able  to  approve  it,  and, 
therefore,  do  return  it  with  a  statement  of  my  objections. 

The  Constitution — section  seven,  article  one — provides 
that  the  importation  of  African  negroes  from  any  foreign 
country  other  than  slaveholding  States  of  the  United  States 
is  hereby  forbidden,  and  Congress  is  required  to  pass  such 
laws  as  shall  effectually  prevent  the  same.  The  rule  herein 
given  is  emphatic,  and  distinctly  directs  the  legislation 
which  shall  effectually  prevent  the  importation  of  African 
negroes.  The  bill  before  me  denounces  as  high  misdemeanor 
the  importation  of  African  negroes,  or  other  persons  of 
color,  either  to  be  sold  as  slaves  or  to  be  held  to  service  or 
labor,  affixing  heavy,  degrading  penalties  on  the  act  if  done 
with  such  intent.  To  that  extent  it  accords  with  the  re 
quirements  of  the  Constitution,  but  in  the  sixth  section  of 
the  bill  provision  is  made  for  the  transfer  of  persons  who 
may  have  been  illegally  imported  into  the  Confederate 
States  to  the  custody  of  foreign  States  or  societies,  upon 
condition  of  deportation,  and  future  freedom,  and,  if  the 
proposition  thus  to  surrender  them  shall  not  be  accepted, 
it  is  then  made  the  duty  of  the  President  to  cause  said  ne- 
g -oos  to  be  sold  at  public  outcry  to  the  highest  bidder  in 
any  one  of  the  States  where  such  sale  shall  not  be  incon 
sistent  with  the  laws  thereof.  This  provision  seems  to  me 
to  be  in  opposition' to  the  policy  declared  in  the  Constitu 
tion — the  prohibition  of  the  importation  of  African  negroes 
— aiid  in  derogation  of  its  mandate  to  legislate  for  the  effec 
tuation  of  that  object.  Wherefore  the  bill  is  returned  to 
you  for  your  further  consideration,  and,  together  with  the 
objections,  most  respectfully  submitted. 

JEFFERSON  DAVIS. 

This  veto  was  sustained  by  the  following  vote 
— the  question  being,  "  Shall  the  bill  pass  not 
withstanding  the  President's  objections?" 

YEAS — Messrs.  Curry  and  Chilton,  of  Alabama;  Morton 
and  Owens,  of  Florida;  Toombs,  II.  Cobb,  T.  R.  R.  Cobb, 
Bartow,  Nisbet,  and  Kenan,  of  Georgia;  Rhett,  Barnwe]l' 
Keitt,  and  Miles,  of  South  Carolina;  Ochiltree.of  Texas— 15. 

NAYS— Messrs.  Smith,  Hale,  Shorter,  and  Fearn  of  Alaba 
ma;  Wright  and  Stephens,  of  Georgia;  DeClouet,  Conrad, 
Kcnner,  Sparrow,  and  Marshall,  of  Louisiana;  Harris, 
Brooke,  Wilson,  Clayton,  Barry,  and  Harrison,  of  Mississippi :' 
Chesnut,  Withers,  and  Boyce,  of  South  Carolina;  Reagan, 
Waul,  Gregg,  and  Oldham,  of  Texas — 24. 

INTERCEPTED     "CONFEDERATE"    DESPATCH    UPON 
THE  AFRICAN    SLAVE   TRADE. 

As  showing  the  temper  of  the  "  Confederate" 
Government  upon  the  revival  of  the  African 


slave  trade,  it  is  instructive  to  read  the  letter 
of  J.  P.  Benjamin,  Secretary  of  State  of  the 
"Confederate"  Government,  to  L.  Q.  C.  Lainar, 
'  Confederate"  Commissioner  at  St.  Petersburg, 
which  was  intercepted  and  transmitted  from 
St.  Petersburg.  March  3,  1863,  by  Bayard  Tay 
lor,  Charge  d'  Affaires : 

CONFEDERATE  STATES  OF  AMERICA, 
DEPARTMENT  OF  STATK,  RICHMOND,  January  15, 1863. 

SIR:  It  has  been  suggested  to  this  Government,  from  a 
source  of  unquestioned  authenticity,  that  after  the  recogni 
tion  of  our  independence  by  the  European  Powers,  an  ex 
pectation  is  generally  entertained  by  them,  that  in  our 
treaties  of  amity  and  commerce  a  clause  will  be  introduced 
making  stipulations  against  the  African  slave  trade.  It  is 
even  thought  that  neutral  I'owers  may  be  inclined  to  insist 
upon  the  insertion  of  such  a  clause  as  a  sine  qua  non. 

You  are  well  aware  how  firmly  fixed  in  our  constitution 
is  the  policy  of  this  Confederacy  against  the  opening  of  that 
trade ;  but  we  are  informed  that  false  and  insidious  sugges 
tions  have  been  made  by  the  agents  of  the  United  States  at 
European  courts  of  an  intention  to  change  our  constitution 
as  soon  as  peace  is  restored,  and  of  authorizing  the  import 
ation  of  slaves  from  Africa.  If,  therefore,  you  should  find 
in  your  intercourse  with  the  Cabinet  to  which  you  are  ac 
credited  that  any  such  impressions  are  entertained,  you  will 
use  every  proper  effort  to  remove  them;  and  if  an  attempt 
is  made  to  introduce  into  any  treaty  which  you  may  be 
charged  with  negotiating  stipulations  on  the  subject'just 
mentioned,  you  will  assume  in  behalf  of  your  Government 
the  position  which,  under  the  direction  of  the  President,  I 
now  proceed  to  develop. 

The  constitution  of  the  Confederate  States  is  an  agreement 
made  between  independent  States.  By  its  terms  all  the 
powers  of  government  are  separated  into  classes  as  follows, 
viz: 

1.  Such  powers  as  the  States  delegate  to  the  General  Gov 
ernment. 

2.  Such  powers  as  the  States  agree  to  refrain  from  exer 
cising,  although  they  do  not  delegate  them  to  the  General 
Government. 

3.  Such  powers  as  the  States,  without  delegating  them  to 
the  General  Government,  thought  proper  to  exercise,  by  di 
rect  agreement  between  themselves  contained  in  the  con 
stitution. 

4.  All  remaining  powers  of  sovereignty  which,  not  being 
delegated  to  the  Confederate  States  by  the  constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States, 
respectively,  or  to  the  people  thereof. 

On  the  formation  of  the  constitution,  the  States  thought 
proper  to  prevent  ;sll  possible  future  discussions  on  the  sub 
ject  of  slavery,  by  the  direct  exercise  of  their  own  power, 
and  delegated  no  authority  to  the  Confederate  Government, 
save  immaterial  exceptions,  presently  to  be  noticed. 

Especially  in  relation  to  the  importation  of  African  ne 
groes  was  it  deemed  important  by  the  States  that  no  power 
to  permit  it  should  exist  in  the  Confederate  Government. 
The  States,  by  the  Constitution,  (which  is  a  treaty  between 
themselves  of  the  most  solemn  character  that  States  can 
make,)  unanimously  stipulated  "that  the  importation  of 
negroes  of  the  African  race,  from  any  foreign  country  other 
than  the  slaveholding  States  or  Territories  of  the  United 
States  of  America,  is  hereby  forbidden ;  and  Congress  is  re 
quired  to  pass  such  laws  as  shall  effectually  prevent  the 
same."  (Art.  1,  sec.  9,  par.  1.) 

It  will  thus  be  seen  that  no  power  is  delegated  to  the 
Confederate  Government  over  this  subject,  but'that  it  is  in 
cluded  in  the  third  class  above  referred  to,  of  power  exer 
cised  directly  by  the  States. 

It  is  true  that  the  duty  is  imposed  on  Congress  to  pass 
laws  to  render  effectual  the  prohibition  above  quoted.  But 
this  very  imposition  of  a  duty  on  Congress  is  the  strongest 
proof  of  the  absence  of  power  in  the  President  and  Senate 
alone,  who  are  vested  with  authority  to  make  treaties.  In 
a  word,  as  the  only  provision  on  the  subject  directs  the  two 
brandies  of  the  legislative  department,  in  connection  with 
the  President,  to  pass  laws  on  this  subject,  it  is  out  of  the 
power  of  the  President,  aided  by  one  branch  of  the  legisla 
tive  department,  to  control  the  same  subject  by  treaties; 
for  there  is  not  only  an  absence  of  express  delegation  of 
authority  to  the  treaty-making  power,  which  alone  would 
suffice  to  prevent  the  exercise  of  such  authority,  but  there 
is  the  implied  prohibition  resulting  from  the  fact  that  all 
duty  on  the  subject  is  imposed  on  a  different  branch  of  the 
Government. 

I  need  scarcely  enlarge  upon  the  familiar  principle,  that 
authority  expressly  delegated  to  Congress  cannot  be  as 
sumed  in  our  Government  by  the  treaty-making  power. 
The  authority  to  levy  and  collect  taxes,  to  coin  money,  to 
declare  war,  &c.,  &c.,  are  ready  examples,  and  you  can  be 
at  no  loss  for  argumen*  or  illustration  in  support  of  so  well 
recotrni/.ed  a  oriuciul.e 


152 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


The  view  above  expressed  is  further  enforced  by  the 
chiuse  in  the  Constitution  which  follows  immediately  that 
which  has  already  been  quoted.  The  second  paragraph  of 
ili.- same  section  provides  that  "Congress  shall  also  have 
power  to  prohibit  the  introduction  of  slaves  from  any  State 
not  a  member  of,  or  territory  not  belonging  to,  this  Confed 
eracy.''  Here  there  is  no  direct  exercise  of  power  by  the 
Slates  which  formed  our  Constitution,  but  an  express'dele- 
gation  to  Congress.  It  is  thus  seen  that  while  the  States 
were  willing  to  trust  Congress  with  tho  power  to  prohibit 
the  introduction  of  African  slaves  from  the  United  States, 
they  were  not  willing  to  trust  it  with  the  power  of  prohib 
iting  their  introduction  from  any  other  quarter,  but  deter 
mined  to  insure  the  execution  of  their  will  by  a  direct  in 
terposition  of  their  own  power. 

Moreover,  any  attempt  on  the  part  of  the  treaty-making 
power  of  thin  Government  to  prohibit  the  African  Blave 
trade,  in  addition  to  the  insuperable  objections  above  sug 
gest,  d,  would  leave  open  the  implication  that  th  <  same 
power  has  authority  to  permit  such  introduction.  No  such 
implication  can  be  functioned  by  us.  This  Government  un 
equivocally  and  absolutely  denies  its  possession  of  any  pow 
er  whatever  over  the  subject,  and  cannot  entertain  any 
proposition  in  relation  to  it. 

While  it  is  totally  beneath  the  dignity  of  this  Govern 
ment  to  give  assurances  for  the  purpose  of  vindicating  it 
self  from  any  unworthy  suspicions  of  its  good  faith  on  this 
UUbjcCt,  that  may  be  disseminated  by  the  agents  of  the 
United  States,  it  may  not  be  improper  that  you  should  point 
out  the  superior  efficacy  of  our  constitutional  provision  to 
any  treaty  stipulations  we  could  make.  The  constitution 
in  itself  a  treaty  between  the  States,  of  such  binding  force, 
that  it  cannot  be  (hanged  or  abrogated  without  the  deliber 
ate  and  concurrent  action  of  nine  out  of  the  thirteen  States 
that  compose  the  Confederacy.  A  treaty  might  beabrogated 
by  a  party  temporarily  in  pawer  in  our  country,  at  the  sole 
risk  of  disturbing  amicable  relations  with  a  foreign  Power. 
The  Constitut ion,  unless  by  approach  to  unanimity,  could 
not  be  changed  without  thodesti  nction  of  this  Government 
itself;  and  even  Khould  it  be  possible  hereafter  to  procure 
the  consent,  of  the  number  of  States  uece-sary  to  change  if, 
the  forms  and  delays,  designedly  interposed  by  theft-timers 
to  check  rash  innovations,  would  g/ve  ample  time  for  the 
most  mature  deliberation,  and  for  strenuous  resistance  on 
the  part  of  those  opposed  to  such  a  cha  ge. 

After  all,  it  is  scarcely  the  part  of  wisdom  to  attempt  to 
impose  restraint  on  tbe  actions  and  conduct  of  men  for  all 
fm.uve  time.  The  policy  of  the  Confederacy  is  as  fixed  an  i 
immutable  on  tin's  subject  as  the  imperfection  of  human  na 
ture  permits  human  resolve  to  be.  No  additional  agree- 
mon's.  treaties,  or  stipulations  can  commit  these  States  to 
the  prohibition  of  ihe  African  slave  trade  with  more  bind 
ing  efficacy  than  those  they  have  themselves  devised.  A 
just  and  generous  confidence  in  their  good  fa  it  lion  this  sub 
ject,  exhibited  by  friendly  Powers,  will  be  far  move  eJlica- 
.ciousth  n  persistent  efforts  to  induce  this  Government  to 
assume  the  exeixvse  of  powers  which  it  does  not  possess,  and 
to  bind  the  Confederacy  by  ties  which  would  have  no  consti 
tutional  validity.  We  trust,  therefore,  that  no  unnecessary 
discussion  on  this  matter  will  be  introduced  into  your 
negotiations.  If.  unfortunately,  tliis  reliance  sliould  prove 
i'1-founded,  you  will  decline  continuing  negotiations  on 
your  side,  aud  transfer  them  to  us  at  home,  where,  in  such 
event,  they  could  be  conducted  with  greater  fi'.cdity  aud 
advantage,  under  the  direct  supervision  of  the  President. 

With  great  respect,  your  obedient  servant, 

j.  P.  BENJAMIN.  Secretary  of  State. 
Hon.  L.  Q,  C.  LAMAR, 

Commissioner,  <£-c.,  tf-c.,  St.  Petersburg,  Russia. 

Arrests  of  Citizens,  and  the  writ  of 
Habeas  Corpus. 

June  27,  18GI,  Major  General  N.  P.  BANKS. 
commanding  the  Department  of  Annapolis,  had 
George  P.  Kane,  Chief  of  Police  of  Baltimore, 
arrested  for  being,  in  contravention  of  his  duty 
and  in  violation  of  law,  by  direction  or  indirec 
tion,  both  witness  and  protector  to  transactions 
hostile  to  the  authority  of  the  Government,  and 
to  conspirators  avowedly  its  enemies. 

Same  day,  CharlesAoward,  Win.  H.  Oatchell, 
Charles  D  Hinks,  John  W.  Davis,  and  George 
Wni.  Brown,  Mayor  and  ex-»officio  member  of 
Board  of  Police  of  Baltimore,  protested  against 
the  arrest  of  Marshal  Kane,  and  the  suspension 
of  the  Board  of  Police, 
marshal.  I  state. 


by  a  militai>TT  provost 


July  1,  Gene  al  Banks,  in  pursuance  of  orders 
from  the  Headquarters  of  the  Army  at  Wash 
ington,  arrested  the  four  6rst-named  members, 
for  these  reasons : 

The  incidents  of  the  past  week  afforded  full  justification 
for  this  order.  The  headquarters,  under  the  charg  •  of  the 
board,  when  abandoned  by  the  officers,  resembled  in  some 
n-.^pects,  a  concealed  arsenal.  After  public  recognition  and 
protest  agiiinst  the  i;susp  -nsion  of  their  functions,"  they 
continued  their  sessions  daily  Upon  a  for*  ed  and  unwar 
rantable  construction  of  my  proclamation  of  the  2 ,  th  ultimo, 
they  declared  tiiat  the  police  law  was  suspended,  and  the 
police  officers  and  men  putoff  duty  for  the  present,  intend 
ing  to  leave  the  city  without  any  police  protection  what 
ever.  They  refused  to  recognize  tho  officer*  or  men  neces 
sarily  selected  by  the  provost  marshal  for  its  p  election, 
and  hold  subject  to  their  orders,  now  and  hereafter,  the  old 
police  force,  a  large  body  of  armed  men,  f  >r  some  purpose 
not  known  to  the  Government,  and  inconsistent  with  its 
peace  or  security.  To  anticipate  any  intentions  or  orders 
on  their  part,  I  have  placed  temporarily  a  portion  of  the 
force  under  my  command  within  the  city.  I  disclaim  on 
the  part  of  the  Government  I  represent,  all  desire,  inten 
tion,  and  purpose  to  interfere,  in  any  manner  whatever, 
with  tho  ordinary  municipal  affairs  of  the  city  of  Baltimore. 
Whenever  a  loyal  citizen  can  be  named  who  will  execute 
its  police  laws  with  impartiality  and  in  good  faith  to  the 
United  States,  the  military  force  will  lie  withdrawn  from 
the  central  parts  of  the  municipality  at  once.  No  soldier 
will  bo  permitted  in  the  city,  except  under  regulations  sat 
isfactory  to  the  marshal;  and  if  any  so  admitted  violate 
the  municipal  law,  they  shall  be  punished  according  to  the 
civil  law,  by  the  civil  tribunals. 

They  were  transferred  to  Fort  Lafayette,  and 
on  the  Gth  of  August,  Judge  Garrison  of  Brook 
lyn,  issued  a  writ  directing  Col.  Burke  to  pro 
duce  the  persons  in  court.  Col.  Burke  declined 
on  the  authority  of  an  order  from  Lieut.  Gen. 
Scott.  Col.  Burke  was  then  cited  to  answer  for 
contempt  of  court,  but  he  did  not  appear,  and 
August  22,  Judge  Garrison,  "  submiting  to  in 
evitable  necessity,"  dismissed  the  proceedings. 
They  were  subsequently  released.  Sec  Presi 
dent's  Orders,  p.  154. 

ARREST    OF    MEMBERS    OF    THE    LEGISLATURE    OF 
MARYLAND. 

NEWSPAPER  ACCOUNT. 

By  Telegraph  to  the  Associated  Press. 

BALTIMORE,  Sept.  13.— The  Provost  Marshal,  George  P. 
Dodge,  this  morning,  before  day,  arrested  the  Mayor  of 
Baltimore,  Mr.  Brown,  and  Messrs.  Cluis.  S.  Pitts,  Lawrence 
Sangston,  S.  Tt-atkle  Wallis,  T.  Parkin  Scott,  and  Ross 
Wiuans,  members  of  the  Maryland  LrgislatnriMif  Baltimore 
city,  and  F.  K.  Howard,  the  editor  nf  the  Exchange  news 
paper.  They  were  taken  to  Fort  McIIenrv. 

BALTIMORE,  Sept.  13.— The  following  additional  nrrr-stu 
have  been  made:  Messrs.  Donnisoii.Qiiinlaii,  and  Dr.  Lynch, 
members  of  the  Legislature  from  Baltimore  county:  anil 
Messrs.  Henry  M.  Wartu-ld,  Dr.J.  Hanson  Thomas,  John  C. 
Brune,  city  members;  also,  Thomas  W.  Hall,  editor  of  the 
Sou/li  newspaper. 

The  day  of  the  meeting  of  the  Legislature  is  Tuesday 
next,  when,  it  is  suspected,  further  legislation  hostile  to 
the  Government  was  to  be  attempted.  All  the  arrests  made 
wcro  under  orders  direct  from  the  War  Department. 

BALTIMORE,  &pt.  13.— I  just  hear  of  the  arrest  of  Henry 
May,  member  of  Congress ;  also,  Henry  M.  Morfit  and  W. 
G.  Harrison,  members  of  the  Legislature  from  this  city. 
These,  with  the  names  previously  sent,  complete  the  ten 
city  delegates.  Upon  the  arrest  of  Gordon,  (member  of  the 
Maryland  Legislature,)  some  days  ago,  papers  were  found 
in  his  baggage  reading  like  amendments  to  be  offered  to  a 
proposed  secession  ordinance  to  be  brought  up  at  the  coming 
meeting  of  the  Legislature. 

BAI/'IMORK,  Sept.  !•-. — The  police  are  arresting  secession 
members  of  the  Legislature  a.s  fast  as  they  reach  this  city, 
on  their  way  to  Frederick.  To-morrow  is  the  day  set  apart 
for  tho  meeting  of  the  Legislature,  but  there  can  be  no  quo 


rum  present,  as  nearly  three  fourths  of 


I ] 


ists,  all  of  whom  it  is  presumed,  will  bo  arrested. 
This  evening  Messrs.  Dennis  and  Hcckart.  of  the  Senate, 
and  Messrs.  Landing  and  Kaisin.  of  the  House  of  Delegates, 
were  arrested.  There  are  now  fifteen  members  of  the  House 
and  three  of  the  Senate  Tinder  arrest.  Many  of  the  inem- 
cannot  be  found,  and  have,  it  is  said,  fled  from  the 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


153 


[From  the  Baltimore  American.] 

We  are  not  advised  of  the  specific  charges  against  those 
members  of  the  Legislature  and  others  prominent  as  public 
functionaries  who  have  been  arrested  in  the  State  by  order 
of  the  General  Government;  but,  from  what  has  already  oc 
curred,  the  inference  seems  safe  enough  that  the  reasons 
were  such  as  were  fully  justified  in  the  needi'nl  preservation 
of  the  peace  of  the  State.  One  thing  is  certain — that  the 
majority  of  the  distinguished  body  thus  interfered  with  was 
thoroughly  disloyal ;  and  judging  from  what  they  already 
have  done,  and  their  persistent  waiting  for  something  to  hap 
pen  to  give  them  a  chance  to  do  something  more  in  the  di 
re-  tion  of  "State  sovereignty,"  we  believe  they  thought  the 
time  wight  come  when  they  might  follow  other  illustrious 
examples,  and  treat  the  State  to  that  outrage  upon  the  peo 
ple,  the  Constitution,  and  the  Union,  a  "  secession  ordinance." 
Thoy  are  effectually  estopped  from  such  a  purpose  now,  and 
will" have  a  chance  to  reflect  at  their  leisure  on  their  utter 
disregard  of  the  wishes  of  the  people  in  their  doings. 

The  astounding  disregard  of  popular  sentiment,  definitely 
shown,  has  been  the  chief  feature  in  the  secession  movement, 
and  Maryland  has  only  escaped  the  worst  consequences  of  it 
by  the  firm  action  of  the  Governor  in  the  first  instance,  and 
now  by  the  interposition  of  the  strong  hand  of  the  General 
Government. 

COPELAND'S  REPORT. 

FREDERICK,  Md.,  September  18, 1861. 
To  Major  General  BANKS,  Darnestown: 

SIR  :  I  have  just  telegraphed  to  General  Dix  that  we  have 
seized  seven  members  of  the  house  of  a  very  bitter  character, 
and  i'our  officers,  clerks,  &c.,  who  are  intensely  bitter,  and 
are  said  to  have  been  very  forward  and  to  have  kept  some  of 
the  weaker  men  up  to  the  work.  Several  arrests  were  made 
of  violent  or  resisting  persons,  whom  I  shall  let  go  after  the 
others  are  gone.  I  shall  send  four  men  at  least  to  General 
Dix.  at  Baltimore,  who  are  very  bad  men.  I  have  advised 
Colonel  Rug.'r  to  send  to  Sharpsburg  Landing  to  seize  500 
sacks  of  wilt,  which  arc  waiting  for  the  Southerners  to  come 
and  take  them.  They  have  tried  twice  to  do  it.  We  have 
also  heard  of  some  arms  which  the  colonel  will  look  up. 
There  i8  a  very  bitter  man  here,  a  Mr.  Sinn,  who  is  currently 
reported  by  General  Shrivcr  and  others  to  be  the  medium  of 
communication  with  the  Southern  Confederacy.  The  names 
of  the  members  are:  B.  S.Salmon,  R.  C.  McCubbin,  J.  II. 
Gordon,  C.  .7.  Durant,  Thomas  Cleggett.  Andrew  Kessler, 
ajid  Bernard  Mills.  We  shall  get  T.  Lawrence  Jones.  The 
officers  of  the  Legislature :  J.  N.  Brewer,  Chief  Clerk  Sen 
ate;  Thomas  Moore,  reading  do ;  Samuel  Penrose,  jr.,  As 
sistant;  N.  Kilgovc,  reading  do.;  Milton  Kidd,  Chief  of  the 
House.  Mr.  Jones  is  taken ;  Edward  Houser,  citizen ;  Riley, 
(very  bad,)  Printer  to  the  House;  John  Hogan,  (very  bad,) 
citizen;  Joseph  Elkins,  do.;  Mr.  Masou,  Folder  to  the 
HouSe.  We  shall  leave  here  for  headquarters  this  after 
noon.  The  arrested  were  nearly  all  seized  by  the  police 
men. 

I  am,  yours  respectfully, 

R.  MORRIS  COPELAND, 

Aid-de-Camp. 

Mr.  McCubbin  is  a  person  whom  I  should  recommend  you 
to  set  at  large  if  he  takes  the  oath,  which  I  have  no  doubt 
he  will.  He  is  brother-in-law  to  General  Hammond,  and  a 
man  much  respected ;  also  a  man  of  rather  timid  nature, 
und  greatly  troubled  by  his  arrest.  General  Shrivcr  has 
been  very  active  for  us,  and  is  very  earnest  that  we  should 
let  him  go  on  these  terms.  If  you  can  do  it,  it  will  be  well 
to  telegraph  to  Annapolis  to  have  the  oath  tendered,  and 
release  him.  I  should  do  it  under  my  instructions,  only 
that  Colonel  Ruger  thinks  he  has  no  authority  to  allow  any 
man  on  the  list  any  liberty.  R.  M.  C. 

OTHER  ARRESTS. 

PHILADELPHIA,  August  19. 

Pierce  Butler  was  arrested  this  afternoon  by  the  United 
St.ites  Marshal  by  order  of  Secretary  Cameron.  He  was 
taken  to  New  York  this  evening,  en  route  to  Fort  Hamil 
ton. 

LOUISVILLE,  September  19. 

Early  this  morning  the  United  States  Marshal  seized  the 
office  of  the  Louisville  Courier,  arrested  ex-Governor  More- 
head,  Reuben  T.  Murrett,  one  of  the  proprietors  of  the 
Courier,  and  Martin  W.  Barr,  telegraphic  news  reporter  for 
the  Xcw  Orleans  press,  on  charges  of  treason  or  complicity 
with  treason.  The  prisoners  were  all  carried  to  Jcfferson- 
ville.  and  will  be  transferred  to  the  custody  of  the  Marshal 
at"  Indiana  district. 

CINCINNATI,  September  26. 

Yesterday  afternoon  Lieutenant  Colonel  Letcher,  with  a 
detachment  of  Colonel  Woodward's  regiment,  captured 
Jamcf-  B.  (lay,  with  sixteen  of  his  men.  while  on  thu  way 
to  joi  i  Zollicoffer.  They  were  taken  to  Camp  Dick  Robin 
son.  John  C.  Breckinridge  was  with  their  party  in  this 
citj  but  escaped. 


Ex-Mayor  James  G.  Berret,  of  Washington, 
was  arrested  ia  August,  but  released  Septem 
ber  12.  1861,  on  takiug  the  oath  of  allegiance, 
and  resigning  the  office  of  mayor. 

Ellis  B.  Schnuble,  of  Pennsylvania,  was  also 
arrested  late  in  August. 

James  W.  Wall,  of  Burlington,  N.  J.,  waa 
arrested,  and  others. 

ORDERS    ON    WHICH    CERTAIN    ARRESTS    WERE 

MADE. 
Secretary  of  War  to  General  Banks. 

WAR  DEPARTMENT,  Sept.  11, 1861. 

GENERAL  :  The  passage  of  any  act  of  secession  by  the 
Legislature  of  Maryland  must  bo  prevented.  If  necessary 
all,  or  any  part,  of  the  members  must  bo  arrested.  Exercise 
your  own  judgment  as  to  the  time  and  manner,  but  do  taa 
work  effectively. 

Very  respectfuliv,  your  obedient  servant, 

SIMON  CAMERON, 

Secretary  of  War. 

Gen.  McClellan  to  Gen.  Ba^ks. 

[CONFIDENTIAL.] 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
WASHINGTON,  Sept.  12, 1861. 

GENERAL:  After  full  consultation  with  the  President, 
Secretaries  of  State,  War,  &c.,  it  has  been  decided  to  effect 
the  operation  proposed  for  the  17th.  Arrangements  have 
been  made  to  have  a  Government  steamer  tit  Annapolis  to 
receive  the  prisoners  and  carry  them  to  their  destination. 

Some  four  or  five  of  the  chief  men  in  the  affair  are  to  be 
arrested  to-day.  When  they  meet  on  the  17th,  you  wili 
please  have  everything  prepared  to  arrest  the  whole  party, 
and  be  sure  that  none  escape. 

It  is  understood  that  you  arranged  with  Gen.  Dix  and 
Gov.  Seward  the  modus  operandi.  It  has  been  intimated  to 
me  that  the  meeting  might  take  place  on  the  14th  ;  please 
be  prepared.  I  would  be  glad  to  have  you  advise  mo  fre 
quently  of  your  arrangements  in  regard  to  this  very  im 
portant  matter. 

If  it  is  successfully  carried  out  it  will  go  far  toward 
breaking  the  backbone  of  the  rebellion.  It  would  probably 
be  well  to  have  a  special  train  quietly  prepared  to  take 
prisoners  to  Annapolis. 

I  leave  this  exceedingly  important  affair  to  your  tact  and 
discretion — und  have  but  one  thing  to  impress  upon  you — 
the  absolute  necessity  of  secrecy  and  success.    With  the 
highest  regard,  I  am,  my  dear  General,  your  sincere  friend, 
GEO.  B.  McCLELLAN, 

Maj.  Gen.  U.S.A. 

Copy  of  Gen.  Banks' s  instructions  concerning  the  Legislature. 
[IMPORTANT  AND  CONFIDENTIAL.] 

HEAJIQUARTERS,  CAMP  NEAR  DARNESTOWX, 

September  16, 1863. 
Lieut.  Col.  RUGER,  Commanding  Third  Wisamsin  regiment, 

on  special  service  at  Frederick: 

SIR  :  The  Legislature  of  Maryland  is  appointed  to  meet  in 
special  session  to-morrow,  Tuesday,  Sept.  16.  It  is  not  im 
possible  that  the  members,  or  a  portion  of  them  may  b« 
deterred  from  meeting  there  on  account  of  certain  arrests 
recently  made  in  Baltimore.  It  is  also  quite  possible 
that  on  the  first  day  of  meeting  the  attendance  may  be 
small.  Of  the  facts,  as  to  this  matter,  I  shall  see  that  you 
are  well  informed,  as  they  transpire.  It  becomes  necessary 
that  any  meeting  of  this  Legislature,  at  any  place  or  time, 
shall  be  prevented. 

You  will  hold  yourself  and  your  command  in  readiness  to 
arrest  the  members  of  both  Houses;  a  list  of  such  as  you 
are  to  detain  will  be  enclosed  to  you,  here  with,  among  whom 
are  to  bo  specially  included  the  presiding  officers  of  the  two 
houses,  secretaries,  clerks,  and  all  subordinate  officials.  Let 
the  arrests  be  certain,  and  allow  no  chance  of  failure.  The 
arrests  should  be  made  while  they  are  in  session,  I  think. 

You  will,  upon  the  receipt  of  this,  quietly  examine  the 
premises.  I  am  informed  that  escape  will  be  impossible,  if 
the  entrance  to  the  building  be  held  by  you,  of  that  you  will 
judge  upon  examination.  If  no  session  is  to  be  held,  you 
will  arrest  such  members  as  can  be  found  in  Frederick.  The 
process  of  arrest  should  be  to  enter  both  Houses  at  the  same 
time,  announcing  that  they  were  arrested  by  orders  of  thu 
Government,  command  them  to  remain  as  they  are,  subject 
|  to  your  orders. 

Any  resistance  will  be  forcibly  suppressed,  whatever  the 
J  consequences.  Upon  these  anvtsts  being  effected,  the  meiii- 
j  bers  that  are  to  be  detained  will  be  placed  on  board  a  special 
i  train  tor  Annapolis  where  a  steamer  will  await  them. 


154 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


Everything  in  the  execution  of  these  orders  is  confided  to 
your  secrecy,  discretion,  and  promptness. 

The.  Case  of  Algernon  S.  Sullivan. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  September  10, 1861. 
To  DANIEL  LORD,  Esq.,  New  York : 

SIR:  I  have  received  your  letter  of  yesterday  relating  to 
Algenion  S.  Sullivan,  a  political  prisoner  now  in  custody  at 
Fort  Lafayette.  This  Department  is  possessed  of  treason 
able  correspondence  of  that  person  which  no  right  or  privi 
lege  of  a  lawyer  or  counsel  can  justify  or  yxcuse.  The  pub 
lic  safety  will  not  admit  of  his  being  discharged. 

In  view  of  the  many  representations  made  to  me  in  this 
case,  I  pray  your  excuse  for  giving  this  letter  to  the  public. 
With  great  respect,  sir,  your  obedient  servant, 

WILLIAM  II.  SEWARD. 

Tht  Case  of  Robert  Elliot. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  October  4, 1861. 
To  his  Excellency  ISRAEL  WASHBURN,  Augusta,  Me. : 

GOVERNOR  :  Application  has  been  made  to  the  President  for 
the  release  of  Robert  Elliot,  a  political  prisoner  held  in  cus 
tody  at  b'ort  Lafayette. 

The  evidence  taken  in  his  case  shows  that  he  had  not  only 
conceived  the  purpose  of  treasonable  co-operation  in  the 
State  of  Maine  with  the  insurrectionary  citizens  arrayed  in 
arms,  in  other  States,  for  the  overthrow  of  the  Government 
and  the  Union,  but  that  he  had  even  gone  to  the  extreme 
length  of  getting  up  an  unlawful  armed  force  to  operate  in 
Maine  against  the  lawful  action  of 'tiie  State  and  of  the  Fed 
eral  Government.  His  associates  in  that  treasonable  enter 
prise,  since  his  arrest,  have  taken  an  oath  of  allegiance  to 
the  United  States.  This  proceeding  is  very  proper  in  itself. 
But  the  representations  they  make,  that  they  and  ha  were 
loyal  to  the  Union  at  the  time  when  they  were  combining 
in  aims  against  it,  cannot  be  accepted, at  least  in  his  behalf, 
it  appears  that  he  is  too  intelligent  to  misunderstand  the 
K'giuinate  tendency  of  his  criminal  acts,  lie  cannot  be  re 
leased.  On  the  contrary,  your  vigilance  in  ferreting  out  the 
conspiracy  and  in  arresting  it,  by  denouncing  it  to  the  Gov 
ernment  and  the  country,  is  deemed  worthy  of  especial  com 
mendation. 

If  any  of  the  other  offenders  are  still  persisting  in  their 
treasonable  course,  you  will.  I  am  sure,  not  fail  to  give  in 
formation  to  this  Department. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  WILLIAM  H.  SEWARD. 

THE  PRESIDENT'S  ORDERS. 

1862,  February  14 — The  PRESIDENT  issued  an 

order  reciting  the  circumstances  of  the  country, 

^the  defection  of  officials  in  every  department, 

'the    treason    which    pervaded   and    paralyzed 

every  branch  of  the  service,  in  justification  of 

the  resort  to  extraordinary  measures,  arid  adds  : 

Meantime  a  favorable  change  of  public  opinion  has  oc 
curred.  The  line  Between  loyalty  and  disloyalty  is  plainly 
defined  ;  the  whole  structure  of  the  Gov  eminent  is  firm  and 
Btable;  apprehensions  of  publio  danger  and  facilities  for 
treasonable  practices  Irive  diminished  with  the  pa^-ions 
which  prompted  heedless  persons  to  adopt,  them.  Tho  in 
surrection  is  believed  to  have  culminated  and  to  b  •  declin 
ing. 

The  President,  in  view  of  these  facts,  and  anxious  to  favor 
a  return  to  the  normal  course  of  the  Administration,  as  far 
as  regard  for  the  public  welfare  will  allow,  directs  that  all 
political  prisoners  or  State  prisoners  now  held  in  military 
custody,  be  released  on  their  subscribing  to  a  parole  engag 
ing  them  to  rentier  no  aid  or  comfort  to  the  enemies  in  hos 
tility  to  the  United  States. 

The  Secretary  of  War  will,  however,  at  his  discretion, 
except  from  the  effect  of  this  order  any  p-rsors  detained 
as  spies  in  the  service  of  the  insurgents,  or  others  whose 
release  at  the  prese  ,t  moment  may  be  deemed  incompati 
ble  with  ihe  public  sa'ety. 

To  all  persons  who  bhall  be  so  released,  and  who  shall 
keep  their  parole,  the  President  giants  an  amnesty  for  any 
past,  offonces  of  treason  or  tfisl'  yalty  which  they  may  have 
committed. 

Extraordinary  arrests  will  hereafter  be  made  under  the 
direction  of  the  military  authorities  alone. 

By  order  of  the  Preside.it: 

EDWIN  M.  STANTON. 

Secretary  of  War. 

18G2,  February  27 — The  PRESIDENT  issued 
this  order  : 


Executive  Order  A'o.  2 — In  Relation  to  State  Privmtrt. 

WAR  DEPARTMENT.  WABHI.NUT  >N  CITY,  Feb.  LT,  1562. 
It  is  ordered: 

First.  That  a  special  commission  of  two  persons,  one  of 
military  rank  and  the  otln-r  in  c.vil  life,  be  appointed  to 
(•xamiue  the  cases  of  tin -State  prisoners  remaining  in  the  mil 
itary  custody  of  the  United  States, anutodetennin*  whether 
in  view  of  tna  public  »afe*y  and  the  existing  rebellion,  they 
should  bo  discharged,  or  remain  in  military  custody, or  b«» 
remitted  to  the  civil  tribunals  for  trial. 

Second.  That  Maj;  r  General  John  A.  Dix,  commanding 
in  Baltimore,  and  th«  Hon.  Edwards  Pierrepont,  of  New 
York,  be  and  they  are  hereby  appointed  Commissioners  f-jT 
the  purposes  above  mentioned,  and  tbey  are  authorized  to- 
examine,  hear,  and  determine  the  cases  aforesaid  exparte 
and  in  a  summary  manner,  at  such  times  and  places  as  in 
their  discretion  they  may  appoint,  and  make  lull  report  to 
the  War  Department. 

By  order  of  the  President : 

EDWIN  M.  STANTON, 
Secretary  of  War. 

ORDER   OF1    THE    SECRETARY    OF    WAR. 
WAR  DEPARTMENT, 
WASHINGTON,  November  22, 1802. 

Ordered — 1.  That  all  persons  now  in  military  custodj, 
who  have  been  arrested  for  discouraging  volunteer  eulis*- 
ments,  opposing  the  draft,  or  for  otherwise  giving  aid  and 
comfort  to  the  enemy,  in  States  where  the  draft  ha8  been 
made,  or  the  quota  of  volunteers  and  militia  has  beer  fur 
nished,  shall  bo  discharged  from  further  military  restraint. 

2.  The  persons  who,  by  the  authority  of  the  military  com 
mander  or  governor  in  rebel  States,  have  been  arrested  and 
sent  from  such  Stato  for  disloyalty  or  hostility  to  the  Gov 
ernment  of  the  United  States,  and  are  now  in  military  cus 
tody,  may  also  bo  discharged  upon  giving  their  parole  to  do- 
no  act  of  hostility  agr.inst  the  Government  of  the  United 
States,  nor  render  aid  to  its  enemies.    But  all  such  persona 
shall  remain  subject  to  military  surveillance  and  liable  to> 
arrest  on  breach  of  their  parole.    And  if  any  such  person* 
shall  prefer  to  leave  the  loyal  States  on  condition  of  their 
not  returning  again  during  the  war,  or  until  special  leave 
for  that  purpose  be  obtained  from  the  President,  then  such 
person  shall,  at  his  option,  be  released  and  depart  from  the 
United  States,  or  be  conveyed  beyond  the  military  lines  of 
the  United  States  forces. 

3.  This  order  shall  not  operate  to  discharge  any  person 
who  has  been  in  arms  against  the  Government,  or  by  forcw 
and  arms  has  resisted  or  attempted  to  resist  the  draft,  nor 
relieve  any  person  from  liability  to  trial  and  punishment 
by  civil  tribunals,  or  by  court-martial  or  military  commis 
sion,  who  may  be  amenable  to  such  tribunals  for  offences 
committed. 

By  order  oi  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  A<ljiitant  General. 

ARREST    OP    JOHN    MERRYMAN     AND    PROCEEDINGS 
THEREON. 

1861,  May  25 — John  Merryman,  of  Baltimore 
county,  Md.,  was  arrested,  charged  with  holding 
a  commission  as  lieutenant  in  a  company  avow 
ing  its  purpose  of  armed  hostility  against  the 
Government  ;  with  being  in  communication 
with  the  rebels,  and  with  various  acts  of  trea 
son.  He  was  lodged  in  Fort  Mcllenry,  in  com 
mand  of  Gen.  Geo.  Cadwalader.  Merryman  at 
once  forwarded  a  petition  to  Chief  Justice 
Roger  ]).  Taney,  reciting  his  arrest,  and  praying 
for  a  writ  of  habeas  corpus  and  a  hearing.  The 
writ  was  issued  for  the  27th,  to  which  General 
Cadwalader  declined  to  respond,  alleging,  among, 
other  things,  that  he  was  duly  authorized  by 
the  President  of  the  United  States  to  suspend 
the  writ  of  habeas  corpus  for  the  public  safety. 
May  27,  the  Chief  Justice  issued  a  writ  of  at 
tachment,  directing  United  States  Marshal 
Bonifaut  to  produce  the  i.ody  of  General  Cad 
walader  on  Tuesday,  May  28th,  "  to  answer  for 
his  contempt  in  refusing  to  produce  the  body 
of  John  Merryman  "  May  28th,  the  Marshal 
replied  that  he  proceeded  to  the  fort  to  serve 
the  writ,  that  he  was  not  permitted  to  enter  the 
gate,  and  that  he  was  informed  "  there  was  no 
answer  to  his  writ,/' 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


155 


CHIEF  JUSTICE  TANEY'S  REMARKS. 

I  ordered  the  attachment  yesterday,  because  upon  tin 
face  of  the  return  the  detention  of  the  prisoner  was  unlaw-  | 
ful  upon  two  grounds. 

1.  The  President,  under  the  Constitution  and  laws  of  the 
United  States,  cannot  suspend  the  privilege  of  the  writ  of  | 
habeas  corjius,  uor  authorize  any  military  officer  to  do  so.  | 

2.  A  military  officer  has  no  right  to  arrest  and  detain  a  I 
person,  not  subject  to  the  rules  and  articles  of  war,  for  an 
offence  against  the  laws  of  the  United  States,  except  in  and 
of  the  judicial  authority  and  subject  to  its  control ;  and  if 
the  parity  is  arrested  by  the  military,  it  is  the  duty  of  the 
officer  to  deliver  him  over  immediately  to  the  civil  author 
ity,  to  be  dealt  with  according  to  luw. 

I  forbore  yesterday  to  state  orally  the  provisions  of  the 
Constitution  of  the  United  States  which  make  these  prin 
ciples  the  fundamental  law  of  the  Union,  because  an  oral 
statement  might  be  misunderstood  in  some  portions  of  it, 
and  I  shall  therefore  put  my  opinion  in  writing  and  file  it 
in  the  office  of  the  Clerk  of  the  Circuit  Court,  in  the  course 
of  this  week. 

After  reading  the  above,  the  Chief  Justice 
orally  remarked: 

In  relation  to  the  present  return,  I  propose  to  say  that 
the  marshal  has  legally  the  power  to  summon  out  the  posse 
comitatus  to  seize  and  bring  into  court  the  party  named  in 
the  attachment ;  but  it  is  apparent  he  will  be  resisted  in 
the  discharge  of  that  duty  by  a  force  notoriously  superior 
to  the  posse  comitatus,  and  such  being  the  case,  the  Court 
has  no  power  under  the  law  to  order  the  necessary  force  to 
compel  the  appearance  of  the  party.  If,  however,  ho  was 
before  the  Court,  it  would  then  impose  the  only  punish 
ment  it  is  empowered  to  inllict — that  by  fine  and  imprison 
ment. 

Under  these  circumstances  the  Court  can  barely  say,  to 
day,  I  shall  reduce  to  writing  the  reasons  under  which  I 
have  acted  and  which  have  led  me  to  the  conclusions  ex 
pressed  in  my  opinion,  and  shall  report  them  with  these 
proceedings  to  the  President  of  the  United  States,  and  call 
upon  him  to  perform  his  constitutional  duty  to  enforce  the 
l.iws;  in  other  words,  to  enforce  the  process  of  this  Court. 
This  is  all  this  Court  has  now  the  power  to  do. 

Subjoined  is  the  opinion  of  the  Chief  Jus 
tice:* 

Ex  parte  JOHN  MEKRTMAN. 
Before  the  Chief  Justice*  of  the  Supreme  Court  of  the 

United  States,  at  Chambers. 

The  application  in  this  case  for  a  writ  of  habeas  corpus 
is  made  to  me  under  the  14th  section  of  the  judiciary  act 
of  1789,  which  renders  effectual  for  the  citizen  the  const ' 


tutional  privilege  of  the  writ  of  habeas  co^us  Thr.t  act 
gives  to  the  courts  of  the  United  States,  as  well  as  to  each 
.lust  ice  of  The  Supreme  Court,  and  to  every  District  Judge, 


power  to  grant  writs  of  habeas  corpus,  for  the  purpose  of 
an  inquiry  into  the  cause  of  commitment.  The  petition 
was  presented  to  me  at  Washington,  under  the  impression 
that  I  would  order  the  prisoner  to  bo  brought  before  me 
there,  but  as  he  was  confined  in  Fort  McIIenry,  at  the  city 
of  Baltimore,  which  is  in  my  circuit,  I  resolved  to  hear  it 
in  the  latter  city,  as  obedience  to  the  writ,  under  isuch 
circumstances,  would  not  withdraw  Gen.  Cadwalader,  who 
had  him  in  charge,  from  the  limits  of  his  military  command. 

The  petition  presents  the  following  case :  The  petitioner 
resides  in  Maryland,  in  Baltimore  county.  While  peaceably 
in  his  own  house,  with  his  family,  it  was  at  two  o'clock,  on 
the  morning  of  the  25th  of  May,  1861,  entered  by  an  armed 
force,  professing  to  act  under  military  orders.  He  was 
then  compelled  to  rise  from  his  bed,  taken  into  cus 
tody,  and  conveyed  to  Fort  McIIenry,  where  he  is  im 
prisoned  by  the  commanding  officer,  without  warrant  from 
uny  lawful  authority. 

The  commander  of  the  fort,  Gen.  George  Cadwalader,  by 
whom  ho  is  detained  in  confinement,  in  his  return  to  the 
writ,  does  not  deny  any  of  the  f;icts  alleged  in  the  petition. 
He  states  that  the  prisoner  was  arrested  by  order  of  Gen. 
Kfim,  of  Pennsylvania,  and  conducted  as  a  prisoner  to 
Fort  McIIenry  by  his  order,  and  placed  in  his  (Gen.  Cad- 
walader's)custody,  to  be  there  detained  by  him  as  a  prisoner. 

A  copy  of  the  warrant,  or  order,  under  which  the  prisoner 
was  arrested,  was  demanded  by  his  counsel,  and  refused. 
And  it  is  not  alleged  in  the  return  that  any  specific  act,  con 
stituting  an  offence  against  the  laws  of  the  United  States, 
has  been  charged  against  him  upon  oath:  but  he  appears 
to  have  be.>n  arrested  upon  general  charges  of  treason  and 
rebellion,  without  proof,  and  without  giving  the  names  of 
the  witnewee,  or  specifying  the  acts,  which,  in  the  judg 
ment  of  the  military  officer,  constituted  these  crimes.  And 


*  For  a  reply  by   Hon.  Reverdy  Johnson,  see  Moore's 
Rebellion  Record,  vol.  2,  p.  185. 


having  the  prisoner  thus  in  custcdy  upon  these  vague  and 
unsupported  accusations,  he  refuses  to  obey  the  writ  of 
habeas  corpus,  upon  the  ground  that  he  is  duly  authorized 
by  the  President  to  suspend  it. 

The  case,  then,  is  simply  tMs :  A  military  officer  residing: 
in  Pennsylvania  issues  an  order  to  arrest  a  citizen  of  Mary 
land,  upon  vague  and  indefinite  charges,  without  any  proof, 
so  far  as  appears.  Under  this  order  his  house  is  entered  in 
the  night ;  he  is  seized  as  a  prisoner,  and  conveyed  to  Fort 
McIIenry,  and  there  kept  in  close  confinement.  And  when, 
a  habeas  corpus  is  served  on  the  commanding  officer,  requir 
ing  him  to  produce  the  prisoner  before  a  Justice  of  the  Su 
preme  Court,  in  order  that  he  may  examine  into  the  legality 
of  the  imprisonment,  the  answer  of  the  officer  is  that  he  i» 
authorized  by  the  President  to  suspend  the  writ  of  habeas 
corpus  at  his  discretion,  and,  in  the  exercise  of  that  discre 
tion,  suspends  it  in  this  case,  and  on  that  ground  refuses 
obedience  to  the  writ. 

As  the  case  comes  before  me,  therefore,  I  understand  that 
the  President  not  only  claims  the  right  to  suspend  the  writ 
of  Jiabcas  corpus  himself,  at  his  discretion,  but  to  delegate 
that  discretionary  power  to  a  military  officer,  and  to  leave 
it  to  him  to  determine  whether  he  will  or  will  not  obey  ju 
dicial  process  that  may  be  served  upon  him. 

No  official  notice  has  been  given  to  the  coiirts  of  justice, 
or  to  tho  public,  by  proclamation  or  otherwise,  that  the 
President  claimed  this  power,  and  had  exercised  it  in  the 
manner  stated  in  the  return.  And  I  certainly  listened  to  it 
with  some  surprise,  for  I  had  supposed  it  to  be  one  of  those 
points  of  constitutional  law  upon  which  there  was  no  differ 
ence  cf  opinion,  and  that  it  was  admitted  on  all  hands  that 
the  privilege  of  tho  writ  could  not  be  suspended  except  by 
act  of  Congress. 

When  the  conspiracy  of  which  Aaron  Burr  was  the  head 
became  KO  formidable,  and  was  so  extensively  ramified  as  to 
justify,  in  Mr.  Jefferson's  opinion,  the  suspension  of  the  writ, 
ho  claimed,  on  his  part,  no  power  to  suspend  it,  but  com 
municated  his  opinion  to  Congress,  with  all  the  proofs  in  his 
possession,  in  order  that  Congress  might  exercise  its  discre 
tion  upon  the  subject,  and  determine  whether  the  public 
safety  required  it.  And  in  the  debate  which  took  place  upon 
the  subject  no  one  suggested  that  Mr.  Jefferson  might  exer 
cise  tho  power  himself,  if,  in  his  opinion,  the  public  safety 
demanded  it. 

Having,  therefore,  regarded  the  question  as  too  plain  and 
too  well  settled  to  be  open  to  dispute,  if  the  commanding 
ofiicer  hud  stated  that  upon  his  own  responsibility,  and  iu 
the  exercise  of  his  own  discretion,  he  refused  obedience  to 
the  writ,  I  should  have  contented  myself  with  referring  to 
the  clause  in  the  Constitution,  and  to  the  construction  it 
received  from  every  jurist  and  statesman  of  that  day,  when 
the  case  of  Burr  was  before  them.  But  being  thus  officially 
notified  that  the  privilege  of  the  writ  has  been  suspended 
under  the  orders  and  by  the  authority  of  the  President,  and 
believing  as  I  do  that  the  President  haa  exercised  a  power 
which  he  does  not  possess  under  the  Constitution,  a,  proper 
respect  for  the  high  office  he  fills  requires  me  to  state  plainly 
and  fully  the  grounds  of  my  opinion,  in  order  to  show  that 
I  have  not  ventured  to  question  the  legality  of  his  act  with 
out  a  careful  and  deliberate  examination  of  the  whole  toibject. 

The  clause  in  the  Constitution  which  authorizes  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus  is  in 
the  ninth  section  of  the  first  article. 

This  article  is  devoted  to  the  Legislative  Department  of 
the  United  States,  and  has  not  the  slightest  reference  to  the 
Executive  Department.  It  begins  by  providing  "  that  all 
legislative  powers  therein  granted  shall  bo  vested  in  a  Con 
gress  of  the  United  States,  which  ehall  consist  of  a  Senate 
and  House  of  Representatives."  And  after  prescribing  tho 
manner  in  which  these  two  branches  of  the  legislative  de 
partment  shall  bo  chosen,  it  proceeds  to  enumerate  specifi 
cally  the  legislative  powers  which  it  thereby  grants,  and 
legislative  powers  which  it  expressly  prohibits,  and,  at  the 
conclusion  dt  this  specification,  a  clause  is  inserted  giving 
Congress  "  the  power  to  make  all  laws  which  may  be  neces 
sary  and  proper  for  carrying  into  execution  the  foregoing 
powers,  and  all  other  powers  vested  by  this  Constitution  in 
the  Government  of  the  United  States  or  in  any  department 
or  office  thereof." 

The  power  of  legislation  granted  by  this  latter  clause  is 
by  its  word  carefully  confined  to  the  specific  objects  before 
enumerated.  But  as  this  limitation  was  unavoidably 
somewhat  indefinite,  it  was  deemed  necessary  to  gur.rd 
more  effectually  certain  great  cardinal  priat-iple.s  essential 
to  the  liberty  of  the  citizen  and  to  the  rights  and  equality 
of  the  States  by  denying  to  Congress,  in  express  terms, 
any  power  of  legislation  over  them.  It  was  apprehended, 
it  seems,  that  such  legislation  might  be  attempted  under 
the  pretext  that  it  was  necessary  and  proper  to  carry  into 
execution  the  powers  granted ;  ;-.nd  it  was  de'errnined  that 
lhe*-e should  be  no  room  to  doubt,  where  righ's  of  such 
vital  importance  were  concerned,  and  accordingly  this- 
clause  is  immediately  followed  by  an  enumeration  of  cer 
tain  subjects  to  which  the  powers  of  legislation  shall  not 


156 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


extend;  and  the  great  importance  which  the  framer?  of 
the  Constitution  attached  to  the  privilege  of  the  writ  of 
habeas  corpus,  to  protect  the  liberty  of  the  citizen,  is 
proved  by  the  fact  that  its  suspension,  except  in  cases  of 
invasion  and  rebellion,  is  first  in  the  list  of  prohibited 
powers  ;  and  even  in  these  cases  the  power  is  denied  and 
i«s  exercise  prohibited  unless  the  public  safety  ^hall  re 
quire  it.  It  is  true  that  in  the  cases  mentioned  Congress  is 
'  of  necessity  the  judge  of  whether  the  public  safety  does  or 
does  not  require  it ;  and  its  judgment  is  conclusive.  But 
the  introduction  of  these  words  is  a  btanding  admonition 
to  the  legislative  body  of  the  danger  of  suspending  it  and 
of  the  extreme  caution  ihey  should  exercise  before  they 
give  the  Government  of  the  United  States  such  power  over 
the  liberty  of  a  citizen. 

It  is  the  second  article  of  the  Constitution  that  provides 
for  the  organization  of  the  Executive  Department,  and 
enumerates  the  powers  conferred  on  it,  and  prescribes  its 
duties.  And  if  the  high  power  over  the  liberty  of  the 
citizens  now  claimed  was  intended  to  be  conferred  on  the 
President,  it  tould  undoubtedly  be  found  in  plain  words 
in  this  article.  But  there  is  not  a  word  in  it  that  can  fur 
nish  the  slightest  ground  to  justify  the  exercise  of  the 
power. 

The  article  begins  by  declaring  that  the  Executive  power 
shall  be  vested  in  a  President  of  the  United  States  of  Ame 
rica,  to  hold  his  office  during  the  term  of  four  years,  and 
then  proceeds  to  describe  the  mcdo  of  election,  and  to  spe 
cify  in  precise  and  plain  words  the  powers  delegated  to 
him  and  the  duties  imposed  upon  him.  A'.d  the  short  term 
for  which  he  is  elected,  and  the  narrow  limits  to  which  his 
power  is  confined,  show  the  jealousy  and  apprehensions  of 
future  danger  which  the  f.nmers  of  the  Constitution  felt 
in  relation  to  that  department  of  the  Government,  and  how 
carefully  they  withheld  from  it  many  of  the  powers  belong 
ing  to  the  executive  branch  of  the  English  Government 
•which  were  considered  as  dangerous  to  the  liberty  of  the 
subject,  and  conferred  (and  that  in  clear  and  specific 
terms)  those  powers  only  whu'h  were  deemed  essential  to 
secure  the  successful  operation  of  the  Government. 

He  is  elected,  as  I  have  already  said,  for  the  brief  term 
of  four  years,  and  is  made  personally  responsible,  by  im 
peachment,  for  malfeasance  in  office,  lie  is,  from  necessity. 
and  the  nature  of  his  duties,  the  Commander-In-Chlef  of  the 
army  and  navy,  and  of  the  militia,  when  called  into  actual 
service.  But  no  appropriation  for  tho^support  of  the  army 
can  be  made  by  Congress  for  a  longer  term  than  two  years, 
BO  that  it  is  in  the  power  of  the  succeeding  IIouso  of  Rep 
resentatives  to  withhold  the  appropriation  for  its  support, 
and  thus  disband  it,  if,  in  their  judgment,  the  President 
used  or  designed  to  use  it  for  improper  purposes.  And  al 
though  the  militia,  when  in  actual  service,  arc  under  his 
command,  yet  the  appointment  of  the  officers  is  reserved  to 
the  States,  as  a  security  against  the  use  of  the  military 
power  for  purposes  dangerous  to  the  liberties  of  the  people 
or  the  rights  of  the  States. 

So,  too,  his  powers  in  relation  to  the  civil  duties  and  au 
thority  necessarily  conferred  on  him  are  carefully  restrict 
ed,  as  well  as  those  belonging  to  his  military  character.  He 
cannot  appoint  tho  ordinary  officers  of  Government,  nor 
make  a  treaty  with  a  foreign  nation  or  Indian  tribe  with 
out  tho  advice  and  consent  of  tho  Senate,  and  cannot  ap 
point  even  inferior  officers  unless  he  is  authorized  by  au 
act  of  Congress  to  do  so.  He  is  not  empowered  to  arrest 
any  one  charged  with  an  offence  against  tho  United  States, 
and  whom  ho  may,  from  the  evidence  before  him,  believe 
to  bo  guilty;  nor  can  he  authorize  any  officer,  civil  or 
military,  to  exercise  this  power,  for  the  fifth  article  of  the 
amendments  to  tho  Constitution  expressly  provides  that  no 
person  "shall  bo  deprived  of  life,  liberty,  or  property  with 
out  due  process  of  law ;"  that  is,  judicial  process.  And  even 
if  the  privilege)  of  tho  writ  of  habeas  corpus  was  suspended 
by  act  of  Congress,  and  a  party  not  subject  to  the  rules  and 
articles  of  war  was  afterwards  arrested  and  imprisoned  by 
regular  judicial  process,  ho  could  not  be  detained  in  prison  or 
brought  to  trial  before  a  military  tribunal,  for  the  article  in 
tho  Amendments  to  the  Constitution  immediately  following 
the  one  above  referred  to — that  is,  tho  sixth  article — pro 
vides  that, ';  in  all  criminal  prosecutions,  the  accused  shall  cn- 
joy  tho  right  to  a  speedy  and  public  trial  by  an  impartial  jury 
of  tho  State  and  district  wherein  tho  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer 
tained  by  law,  and  to  be  informed  of  tho  nature  and  cause 
o!  the  accusation ;  to  be  confronted  with  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  witnc.--<  s  in 
his  favor,  and  to  have  the  assistance  of  counsel  for  his 
-defence." 

And  the  only  power,  therefore,  which  the  President  pos 
sesses,  where  the  "life,  liberty,  or  property''  of  a  private 
citizen  is  concerned, is  the  power  and  duty  prescribed  in  the  | 
third  section  of  the  second  article,  which  requires  ''that  he  : 
shall  tako  care  that  the  laws  bo  faithfully  executed."    He  is  j 
not  authorized  to  execute  them  himself,  or  through  agents  ; 
•or  officers,  civil  or  military,  appointed  by  himself,  but  he  is  • 


to  take  care  that  they  be  faithfully  carried  into  execution  an 
they  are  expounded  and  adjudged  by  the  coordinate  branch 
of  the  Government  to  which  that  duty  is  aligned  by  the 
Constitution.  It  is  thus  made  his  duty  to  come  in  aid  of  the 
judicial  authority,  if  it  shall  be  resisted  by  a  force  too  strong 
to  be  overcome  without  the  assistance  of  the  Executive  urni. 
But  in  exercising  this  power,  he  acts  in  subordination  to 
judicial  authority,  assisting  it  to  execute  its  process  and  en 
force  its  judgments. 

With  such  provisions  in  the  Constitution,  expressed  in 
language  too  clear  to  be  misunderstood  by  any  one,  I  can 
see  no  ground  whatever  for  supposing  that  the  President,  in 
any  emergency  or  in  any  state  of  things,  can  authorize  the 
suspension  of  tho  privilege  of  the  writ  of  habeas  corpus,  or 
arrest  a  citizen,  except  in  aid  of  the  judicial  power.  He  cer 
tainly  does  not  faithfully  execute  the  laws  if  he  takes  upon 
himself  legislative  power  by  suspending  .the  writ  of  habeas 
corpus — and  the  judicial  power,  also,  by  arresting  and  im 
prisoning  a  person  without  due  process  of  Jaw.  Nor  can  any 
argument  bo  drawn  from  the  nature  of  sovereignty,  or  tho 
necessities  of  government  for  nelf-defen.se,  in  times  of  tumult 
and  danger.  The  Government  of  the  United  States  is  one  of 
delegated  and  limited  powers.  It  derives  its  existence  and 
authority  altogether  from  the  Constitution,  and  neither  of 
its  branches — executive,  legislative,  or  judicial — can  exercise 
any  of  the  powers  of  government  beyond  those-specified  and 
granted.  For  the  tenth  article  of  the  amendments  to  tho 
Constitution,  in  express  terms,  provides  that  "  tho  powers 
not  delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  tho  States,  are  reserved  to  the  States,  re 
spectively,  or  to  the  people." 

Indeed,  tho  security  against  imprisonment  by  Executive 
authority,  provided  for  in  the  fifth  article  of  tho  Amendments 
of  the  Constitution,  which  I  have  before  quoted,  is  nothing 
more  than  a  copy  of  a  like  provision  in  the  English  constitu 
tion,  which  had  been  firmly  established  before  the  Declara 
tion  of  Independence. 

Bhtckstone,  iu  hid  Commentaries,  (1st  vol.,  137,)  states  it 
in  the  following  words : 

"  To  make  imprisonment  lawful,  it  must  be  either  by  pro 
cess  from  the  courts  of  judicature  or  by  warrant  from  some 
legal  officer  having  authority  to  commit  to  prison." 

And  the  people  of  the  United  Colonies,  who  had  them 
selves  lived  under  its  protection  while  they  were  British 
subjects,  were  well  aware  of  the  necessity  of  this  safeguard 
for  their  personal  liberty.  And  no  one  can  believe  that  in 
framing  the  Government  intended  to  guard  still  more  effi 
ciently  the  rights  and  the  liberties  of  the  citizens  against 
executive  encroachment  and  oppression,  they  would  have 
conferred  on  the  President  a  power  which  the  history  of 
England  had  proved  to  bo  dangerous  and  oppressive  in  the 
hands  of  the  Crown,  and  which  the  people  of  England  had 
compelled  it  to  surrender  after  a  long  and  obstinate  strug 
gle  on  the  part  of  tho  English  Executive  to  usurp  and  re 
tain  it. 

The  right  of  the  subject  to  the  benefit  of  the  writ  of  ha 
beas  corpus,  it  must  be  recollected,  was  one  of  the  great 
points  in  controversy  during  the  long  struggle  in  England 
between  arbitrary  government  and  free  institutions,  and 
must  therefore  have-  strongly  attracted  the  attention  of 
statesmen  engaged  in  framing  a  new  and,  as  they  supposed. 
a  freer  government  than  the  one  which  they  had  thrown 
off  by  the  Revolution.  For,  from  the  earliest  history  of 
the  common  law,  if  a  person  was  imprisoned — no  matter 
by  what  authority — he  had  a  right  to  the  writ  of  habeas 
corpus  to  bring  his  case  before  the  King's  Bench,  and,  if 
no  specific  offence  was  charged  against  him  in  tho  warrant 
of  commitment,  ho  was  entitled  to  bo  forthwith  discharged ; 
and  if  an  offence  was  charged  which  was  bidluble  in  ita 
character  the  court  was  bound  to  set  him  at  liberty  on 
bail.  And  the  most  exciting  contests  between  the  Crown 
and  tho  people  of  England  from  the  time  of  Magna  Charta 
were  in  relation  to  tho  privilege  of  this  writ,  and  they  con 
tinued  until  tho  passage  of  the  statute  of  31st  Charles  il, 
commonly  known  as  the  great  Jiabeas  corpus  act.  This 
statute  put  an  cud  to  the  struggle,  and  finally  and  firmly 
secured  the  liberty  of  the  subject  from  the  usurpation  and 
oppression  of  tho  executive  branch  of  tho  Government. 
It  nevertheless  conferred  no  new  right  upon  the  subject, 
but  only  secured  a  right  already  existing;  for,  although 
tho  right  could  not  justly  be  denied,  there  was  oiten  no  ef 
fectual  remedy  against  its  violation.  Until  the  statute  of 
tho  13th  of  William  III  the  judges  held  their  offices  at  thu 
pleasure  of  the  King,  and  tlu«  influence  which  he  ox'-rowcd 
over  timid,  time-serving,  and  partisan  judges  often  induced 
them,  upon  some  pretext  or  other,  to  refuse  to  discharge 
tho  party  although  he  was  entitled  to  it  by  law,  or  delayed 
their  decisions  from  time  to  time,  so  as  to  prolong  the  im 
prisonment  of  persons  who  were  obnoxious  to  the  King  for 
their  political  opinions,  or  had  incurred  his  resentment  in 
any  other  way. 

The  great  and  inestimable  value  of  the  habeas  corpus  act 
of  tho  31st  Charles  II  is  that  it  contains  provisions  which 
compel  courts  and  judges,  and  all  parties  concerned,  to  per- 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


157 


form  their  duties  promptly,  in  the  manner  specified  in  the 
statute. 

A  passage  in  Blackstone's  Commentaries,  showing  the  an 
cient  state  of  the  law  upon  this  subject,  and  the  abuses 
which  were  practiced  through  the  power  and  influence  of 
the  Crown,  and  a  short  extract  from  Hallam's  Constitu 
tional  History,  stating  the  circumstances  which  gave  ri«e  to 
the  passuge  of  this  statute,  explain  briefly,  but  fully,  all  that 
is  material  to  this  subject. 

Blackstone.  in  his  Commentaries  on  the  laws  of  England, 
(3d  vol.,  13:3, 134.)  says: 

"To  assert  an  absolute  exemption  from  imprisonment  in 
all  cases  is  inconsistent  with  every  idea  of  law  and  political 
society,  and  in  the  end  would  destroy  all  civil  liberty,  by 
rendering  its  protection  impossible. 

"  But  the  glory  of  the  English  law  consists  in  clearly  de- 
defining  the  times,  the  causes,  and  the  extent,  when,  where 
fore,  and  to  what  degree  the  imprisonment  of  the  subject 
may  be  lawful.  This  it  is  which  induces  the  absolute  neces 
sity  of  expressing  upon  every  commitment  the  reason  for 
which  it  is  made,  that  the  court  upon  a  habeas  corpus  may 
examine  into  its  validity,  and,  according  to  the  circumstances 
of  the  case,  may  discharge,  admit  to  bail,  or  remand  the 
prisoner. 

"And  yet  early  in  the  reign  of  Charles  I  the  Court  of 
King's  Bench,  relying  on  some  arbitrary  precedents,  (and 
those  perhaps  misunderstood,)  determined  that  they  would 
not.  upon  a  habeas  counts  either  bail  or  deliver  a  prisoner, 
though  committed  without  any  cause  assigned,  in  case  he 
was  committed  by  the  special  command  of  the  King  or  by 
the  Lords  of  the  Privy  Council.  This  drew  on  a  Parliamen 
tary  inquiry,  and  produced  the  Petition  of  Rights — 3  Chas. 
I—which  recites  this  illegal  judgment,  and  enacts  that  no 
freeman  hereafter  shall  be  so  imprisoned  or  detained.  But 
when  in  the  following  year  Mr.  Selden  and  others  were  com 
mitted  by  the  Lords  of  the  Council  in  pursuance  of  his  Ma 
jesty's  special  command,  under  a  general  charge  of '  notable 
contempts,  .ind  stirring  up  sedition  against  the  King  and  the 
Government,'  the  judges  delayed  for  two  terms  (including 
also  the  long  vacation)  to  deliver  an  opinion  how  far  such  a 
charge  wi:s  bailable.  And  when  at  length  they  agreed  that 
it  was,  they  however  annexed  a  condition  of  finding  sureties 
for  their  good  behavior,  which  still  protracted  their  impris 
onment;  the  Chief  Justice,  Sir  Nicholas  Hyde,  at  the  same 
time  declaring  that '  if  they  were  again  remanded  for  that 
cause  perhaps  the  court  would  not  afterward  grant  a  habeas 
carpus  being  already  acquainted  with  the  cause  of  the  im 
prisonment.'  But  this  was  heard  with  indignation  and  as 
tonishment  by  every  lawyer  present,  according  to  Mr.  Sel- 
den's  own  account  of  the  matter,  whose  resentment  was  not 
cooled  at  the  distance  of  four  and  twenty  years." 

It  is  worthy  of  remark  that  the  offences  charged  against 
the  prisoner  in  this  case,  and  relied  on  as  a  justification  for 
his  arrest  and  imprisonment,  in  their  nature  and  character, 
and  in  the  loose  and  vague  mariner  in  which  they  are  stated, 
bear  a  striking  resemblance  to  those  assigned  in  the  war 
rant  for  the  arrest  of  Mr.  Selden.  And  yet,  even  at  that 
day,  the  warrant  was  regarded  as  such  a  flagrant  violation 
of  the  rights  of  the  subject  that  the  delay  of  the  time-serving 
judges  to  set  him  at  liberty  upon  the  habeas  corpus  issued 
in  his  behalf  excited  universal  indignation  at  the  bar.  The 
extract  from  Hallam's  Constitutional  History  is  equally 
impressive  end  equally  in  point.  It  is  in  vol.  4,  p.  14: 

"  It  is  a  very  common  mistake,  and  not  only  among  for 
eigners,  but  many  from  whom  some  knowledge  of  our  con 
stitutional  laws  might  be  expected,  to  suppose  that  this 
statute  of  Charles  II  enlarged  in  a  great  degree  our  liber 
ties,  and  forms  a  sort  of  epoch  in  their  history.  But  though 
a  very  beneficial  enactment,  and  eminently  remedial  in 
many 'cases  of  illegal  imprisonment,  it  introduced  no  new 
principle,  nor  conferred  any  right  upon  the  subject.  From 
the  earliest  records  of  the  English  law,  no  freeman  could  be 
detained  in  prison,  except  upon  a  criminal  charge  or  con 
viction,  or  for  a  civil  debt.  In  the  former  case  it  was  always 
in  his  power  to  demand  of  the-  Court  of  King's  Bench  a  writ 
of  habeas  corpus  ad  subjiciendum  directed  to  the  person  de 
taining  him  in  custody,  by  which  he  was  enjoined  to  bring 
up  the  body  of  the  prisoner  with  the  warrant  of  commit 
ment,  that  the  court  might  judge  of  its  sufficiency,  and  re 
mand  the  party,  admit  him  to  bail,  or  discharge  him,  accord 
ing  to  the  nature  of  the  charge.  This  writ  issued  of  right, 
and  could  not  bo  refused  by  the  court.  It  was  not  to  bestow 
un  immunity  from  arbitrary  imprisonment,  which  is  abun 
dantly  provided  for  in  Magna  Charta,  (if  indeed  it  was  not 
more  ancient,)  that  the  statute  of  Charles  II  was  enacted, 
but  to  cut  off  the  abuses  by  which  the  Government's  lust  of 
power  and  servile  subtlety  of  Crown  lawyers  had  impaired 
so  fundamental  a  privilege." 

While  the  value  set  upon  this  writ  in  England  has  been 
so  great  that  the  removal  of  the  abuses  which  emban-assed 
Us  enjoyment  have  been  looked  upon  as  almost  a  new  grant 
of  liberty  to  the  subject,  it  is  not  to  be  wondered  at  that 
the  continuance  of  the  writ  thus  made  effective  should 
have  be«n  the  object  of  the  most  jealous  care.  Accord 


ingly,  no  power  in  England  short  of  that  of  Parliament,, 
can  suspend  or  authorize  the  suspension  of  the  writ  of 
habeas  corpus.  I  quote  again  from  Blackstone  (1  Comm., 
136:)  "But  the  happiness  of  our  Constitution  is,  that  it  i» 
not  left  to  the  executive  power  to  determine  when  the 
danger  of  the  State  is  so  great  as  to  render  this  measure- 
expedient  .  It  is  the  Parliament  only  or  legislative  power 
that,  whenever  it  sees  proper,  can  authorize  the  Crown,  by 
suspending  the  habeas  corpus  for  a  short  and  limited  time, 
to  imprison  suspected  persons  without  giving  any  reason 
for  so  doing."  And  if  the  President  of  the  United  States 
may  suspend  the  writ,  then  the  Constitution  of  the  United 
States  has  conferred  upon  him  more  regal  and  absolute 
power  over  the  liberty  of  the  citizen  than  the  people  of 
England  have  thought  it  safe  to  entrust  to  the  Crown — a 
power  which  the  Queen  of  England  cannot  exercise  at  tins- 
day,  and  which  could  not  have  been  lawfully  exercised  by 
the  sovereign  even  in  the  reign  of  Charles  the  First. 

But  I  am  not  left  to  form  my  judgment  upon  this  great 
question  from  analogies  between  the  English  Government 
and  our  own,  or  the  commentaries  of  English  jurists,  or 
the  decisions  of  English  courts,  although  upon  this  subject 
they  are  entitled  to  the  highest  respect,  and  are  justly  re 
garded  and  received  as  authoritative  by  our  courts  of 
justice.  To  guide  me  to  a  right  conclusion,  I  have  the- 
Commentaries  on  the  Constitution  of  the  United  States  of 
the  late  Mr.  Justice  Story,  not  only  one  of  the  most  eminent 
jurists  of  the  age,  but  for  a  long  time  one  of  the  brightest 
ornaments  of  the  Supreme  Court  of  the  United  States,  and 
also  the  clear  and  authoritative  decision  of  that  Court 
itself,  given  more  than  half  a  century  since,  and  conclusively 
establishing  the  principles  I  have  above  stated.  Mr.  Justice 
Story,  speaking  in  his  Commentaries  of  the  habeas  corpus 
clause  in  the  Constitution,  says: 

"  It  is  obvious  that  cases  of  a  peculiar  emergency  may 
arise,  which  may  justify,  nay,  even  require,  the  temporary 
suspension  of  any  right  to  the  writ.  But  as  it  has  fre 
quently  happened  in  foreign  countries,  and  even  in  Eng 
land,  that  the  writ  has,  upon  various  pretexts  and  occasions, 
been  suspended,  whereby  persons  apprehended  upon  sus 
picion  have  suffered  a  long  imprisonment,  sometimes  from 
design,  and  sometimes  because  they  were  forgotten,  the 
right  to  suspend  it  is  expressly  confined  to  cases  of  rebel 
lion  or  invasion,  where  the  public  safety  may  require  it.  A 
very  just  and  wholesome  restraint,  which  c»«ts  down  at  a 
blow  a  fruitful  means  of  oppression,  capable  of  being  abused 
in  bad  times  to  the  worst  of  purposes.  Hitherto  no  suspen 
sion  of  the  writ  has  ever  been  authorized  by  Congress  since 
the  establishment  of  the  Constitution.  It  would  seem,  as  the 
power  is  given  to  Congress  to  suspend  the  writ  of  habeas 
corpus  in  cases  of  rebellion  or  invasion,  that  the  right  to- 
judge  whether  the  exigency  had  arisen  must  exclusively 
belong  to  that  body." — 3  Story's  Com.  on  the  Constitution, 
section  1,336. 

And  Chief  Justice  Marshall,  in  delivering  the  opinion  of 
the  SupremeCourt  in  the  case  exparte  Bolluian  and  ^wart- 
wout,  uses  this  decisive  language,  in  4  Cranch,  95: 

"  It  may  be  worthy  of  remark,  that  this  act,  (speaking  of 
the  one  under  which  I  am  proceeding,)  was  passed  by  the 
First  Congress  of  the  United  States,  sitting  under  a  Consti 
tution  which  had  declared  'that  the  privilege  of  the  writ  of 
habeas  corpus  should  not  be  suspended  unless  when,  io 
cases  of  rebellion  or  invasion,  the  public  safety  may  require 
it.'  Acting  under  the  immediate  influence  of  this  injunc 
tion,  they  must  have  felt  with  peculiar  force  theobligatiou 
of  providing  efficient  means  by  which  this  great  constitu 
tional  privilege  should  receive  life  and  activity  ;  for  if  the 
means  be  notiu  existence,  the  privilege  itself  would  be  lost, 
although  no  law  for  its  suspension  should  be  enacted.  Un 
der  the  impression  of  this  obligation  they  give  to  all  the 
courts  the  power  of  awarding  writs  of  habeas  corpus.'' 

And  again,  in  page  101: 

"  If  at  any  time  the  public  safety  should  require  the  sus 
pension  of  the  powers  vested  by  this  act  in  the  courts  of  the 
United  States,  it  is  for  the  Legislature  to  sny  FO.  That 
question  depends  on  poltical  considerations,  on  which  the 
Legislature  is  to  decide.  Until  the  legislative  will  be  ex 
pressed,  this  court  can  only  see  its  duty,  and  must  obey 
the  laws." 

I  can  add  nothing  to  these  clear  and  emphatic  words  of 
my  great  predecessor. 

But  the  documents  before  me  show  that  the  military  au 
thority  in  this  case  has  gone  far  beyond  the  mere  suspension 
of  the  privilege  of  the  writ  of  habeas  corpus.  It  has,  by 
force  of  arms,  thrust  aside  the  judicial  authorities  and  officers 
to  whom  the  Constitution  has  confided  the  power  and  duty 
of  interpreting  and  administering  the  laws,  and  substituted 
a  militfuy  government  in  its  place,  to  be  administered  and 
executed  by  military  officers.  For  at  the  time  these  pro 
ceedings  were  had  against  John  Merryman,  the  District 
Judge  of  Maryland — the  commissioner  appointed  under  the- 
act  of  Congress — the  District  Attorney  and  the  Marshal,  all 
resided  in  the  city  of  Baltimore,  a  few  miles  only  from  the- 
home  of  the  prisoner.  Up  to  that  time  there  had  never  beea 


158 


ADMINISTRATION   OF   ABRAHAM    LINCOLN. 


the  slightest  resistance  or  obstruction  to  the  process  of  any 
court  or  judicial  officer  of  the  United  States  in  Maryland, 
except  by  the  military  authority.  And  if  a  military  officer, 
or  any  other  person,  had  reason  to  believe  that  the  prisoner 
had  committed  any  offense  against  the  laws  of  the  United 
States,  it  was  his  duty  to  give  information  of  the  fact  and  the 
evidence  to  support  it  to  the  District  Attorney,  and  it  would 
then  have  become  the  duty  of  that  officer  to  bring  the  matter 
before  the  District  Judge  or  Commissioner,  and  if  there  was 
sufficient  legal  evidence  to  justify  lu's  arrest,  the  Judge  or 
Commissioner  would  have  issued  lu's  warrant  to  the  Marshal 
to  arrest  him,  and,  upon  the  hearing  of  the  party,  would 
have  hold  him  to  bail,  or  committed  him  for  trial,  according 
to  the  character  of  the  oifcnse  as  it  appeared  in  the  testi 
mony,  or  would  have  discharged  him  immediately  if  there 
was  not  sufficient  evidence,  to  support  the  accusation.  There 
was  no  danger  of  any  obstruction  or  resistance  to  the  action 
-of  the  civil  authorities, and  therefore  no  reason  whatever  for 
the  interposition  of  the  military.  And  yet,  under  these  cir 
cumstances,  a  military  officer,  stationed  in  Pennsylvania, 
without  giving  any  information  to  the  District  Attorney, 
and  without  any  application  to  the  judicial  authorities,  as 
sumes  to  himself  the  judicial  power  in  the  district  of  Mary 
land;  undertakes  to  decide  what  constitutes  the  crime  of 
treason  or  rebellion;  what  evidence  (if,  indeed,  he  required 
any)  is  sufficient  to  support  the  accusation  and  justify  the 
commitment;  and  commits  the  party,  without  having  a  hear 
ing  even  before  himself,  to  close  custody  in  a  strongly  gar 
risoned  fort,  to  be  there  held,  it  would  seem,  during  the 
pleasure  of  those  who  committed  him. 

The  Constitution  provides,  as  I  have  before  said,  that 
"  no  person  shall  be  deprived  of  life,  liberty,  or  property, 
without  duo  process  of  law."  It  declares  that  "  the  right 
•of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects  against  unreasonable  searches  and  seizures 
shall  not  be  violated,  and  no  warrant  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  par 
ticularly  describing  the  place  to  be  searched  and  the  per 
sons  or  things  to  be  seized."  It  provides  that  the  party 
accused  shall  be  entitled  to  a  speedy  trial  in  a  court  of 
justice. 

And  these  great  and  fundamental  laws,  which  Congress 
itself  could  not  suspend,  have  been  disregarded  and  sus 
pended,  like  the  writ  of  habeas  corpus,  by  a  military  order, 
supported  by  force  of  arms.  Such  is  the  case  now  before 
me;  and  I  can  only  say  that  if  the  authority  which  the 
Constitution  has  confided  to  the  judiciary  department  and 
judicial  officers  may  thus  upon  any  pretext  or  under  any 
•circumstances  be  usurped  by  the  military  power  at  its  dis 
cretion,  the  people  of  the  United  States  are  no  longer 
living  under  a  Government  of  laws,  but  every  citizen  holds 
life,  liberty,  and  property  at  the  will  and  pleasure  of  the 
army  officer  in  whose  military  district  he  may  happen  to 
be  found. 

In  such  a  case  my  duty  was  too  plain  to  be  mistaken.  I 
have  exercised  all  the  power  which  the  Constitution  and 
laws  confer  on  me,  but  that  power  has  been  resisted  by  a 
force  too  strong  for  me  to  overcome.  It  is  possible  that 
the  officer  who  had  incurred  this  grave  responsibility  may 
have  misunderstood  his  instructions,  and  exceeded  the 
authority  intended  to  be  given  him.  I  shall,  therefore, 
•order  all  the  proceedings  in  this  case,  with  my  opinion,  to 
be  filed  and  recorded  in  the  Circuit  Court  of  the  United 
States  lor  the  District  of  Maryland,  ami  direct  the  clerk  to 
transmit  a  copy,  under  seal,  to  the  President  of  the  United 
States.  It  will  then  remain  for  that  high  officer,  in  fulfil 
ment  of  his  constitutional  obligation  to  "  take  care  that 
the  l;-.ws  be  faithfully  executed,"  to  determine  what  meas 
ures  lie  will  take  to  cause  the  civil  process  of  the  United 
States  to  bo  respected  and  enforced. 

R.  B.  TANEY, 
Chief  Justice  of  the.  Supreme  Court  of  the  United  States. 

OPINION    OF    ATTORNEY    GENKRAL    BATES    ON    THE 

PRESIDENT'S    POWER   TO    ARREST    SUSPECTED 
PKHSONS,  AND  SUSPEND  THE  WRIT  OF  HABEAS 

CORPUS. 

ATTORNEY  GENERAL'S  OFFICE,  July  5, 1861. 

SIR:  You  have  required  my  opinion  in  writing  upon  the 
following  questions : 

"  I.  In  the  present  time  of  a  great  and  dangerous  insur 
rection,  has  the- President  the  discretionary  power  to  cause 
to  be  arrested  and  held  in  custody  persons  known  to  have 
criminal  intercourse  with  ^ie  insurgents,  or  persons  against 
•whom  there  is  probable  cause  for  suspicion  of  such  criminal 
complicity? 

"II.  In  such  cases  of  arrest  is  the  President  justified  in 
refusing  to  obey  a  writ  of  habeas  corpus  issued  by  a  court 
or  a  judge,  requiring  him  or  his  ageut  to  produce  the  body 
of  the  prisoner,  and  show  the  cause  of  his  caption  and  de 
tention,  to  be  adjudged  and  disposed  of  by  such  court  or 


To  make  my  answer  to  these  questions  at  once  consistent 
and  plain,  I  find  it  convenient  to  advert  to  the  great  prin 
ciple  of  government  as  recognized  and  acted  upon  in  most, 
if  not  all,  the  countries  in  Europe,  and  to  mark  the  differ 
ence  between  that  principle  and  the  great  principle  which 
lies  at  the  bottom  of  our  National  Government. 

ilost  European  writers  upon  government  assume,  ex- 
press.y  or  by  implication,  that  every  national  Government 
is,  and  must  be,  the  full  expression  and  representation  of 
the  nation  which  it  governs,  armed  with  all  its  powers,  and 
able  to  assert  all  its  rights.  In  England,  the  form  of  whose 
Government  more  nearly  approximates  our  own,  and  where 
the  rights,  interests,  and  powers  of  the  people  are  more 
respected  and  cared  for  than  in  most  of  the  nations  of  the 
European  continent,  it  has  grown  into  an  j-xioni  that  "  the 
Parliament  is  omnipotent,"  that  is,  that  it  can  do  any 
thing  that  is  possible  to  be  done  by  legislation  or  by  judg 
ment.  For  all  the  ends  of  the  Government  the  Parliament 
is  the  nation.  Moreover,  in  Europe  generally,  the  sover 
eignty  is  vested  visibly  in  some  designated  man  or  set  of 
men,  so  that  the  subject  people  can  see  their  sovereign  as 
well  as  feel  the  workings  of  his  power.  But  in  this  coun 
try  it  has  been  carefully  provided  otherwise.  In  the  for 
mation  of  our  national  Government  our  fathers  were  sur 
rounded  with  peculiar  difficulties,  arising  out  of  their  novel, 

I  may  say  unexampled,  condition.    In  resolving  to  break 
the  ties  which  had  bound  them  to  the  British  Empire, 
their  complaints  were  leveled   chiefly  at  the  King,  not  the 
Parliament  nor  the  people.     They  peem  to  have  been  ac 
tuated  by  a  special  dread  of  the  unity  of  power,  and  hence, 
in  framing  the  Constitution,  they  preferred  to  take  the 
risk  of  leaving  some  good  undone,  for  lack  of  power  in  the 
ag.  nt,  rather  than  arm  ai.'y  governmental  officer  with  such 
gre'it  powers  for  evil  as  are  implied  in   the  dictatorial 
charge  to  "  see  that  no  damage  comes   to  the  common 
wealth." 

Hence,  keeping  the  sovereignty  always  out  of  sight,  they 
adopted  the  plan  of  "  checks  and  balances,"  forming  separate 
departments  of  government,  and  giving  to  each  department 
separate  and  limited  powers.  These  departments  are  co 
ordinate  and  coequal ;  that  is,  neither  being  sovereign,  each 
is  independent  in  its  sphere,  and  not  subordinate  to  the 
others,  either  of  them  or  both  of  them  together.  We  have 
three  of  these  co-ordinate  departments.  Now,  if  we  allow 
one  of  the  three  to  determine  the  extent  of  its  own  powers, 
and  also  the  extent  of  the  powers  of  the  other  two,  that  one 
can  control  the  whole  Government,  and  has  in  fact  achieved 
he  sovereignty. 

We  ought  not  to  say  that  our  system  is  perfect,  for  its  de 
fects  (perhaps  inevitable  in  all  human  things)  are  obvious. 
Our  fathers  having  divided  the  Government  into  co-ordinate 
departments,  did  not  even  try  (and  if  they  had  tried  would 
probably  have  failed)  to  create  an  arbiter  among  them  to  ad 
judge  their  conflicts  and  keep  them  within  their  respective 
bounds.  They  were  left,  by  design,  I  suppose,  each  indepen 
dent  and  free  to  net  out  its  own  granted  powers,  without 
any  ordained  legal  superior  possessing  the  power  to  revise 
and  reverse  the  action.  And  this  with  the  hope  that  the 
three  departments,  mutually  coequal  and  independent,  would 
keep  each  other  within  their  proper  spheres  by  their  mutual 
antagonism;  that  is,  by  the  system  of  checks  and  balances 
to  which  our  fathers  were  driven  at  the  beginning  by  their 
fear  of  tho  unity  of  power. 

In  this  view  of  the  subject,  it  is  quite  possible  for  the  same 
dentical  question  (not  case)  to  come  up  legitimately  before 
each  one  of  the  three  departments,  and  bo  determined  in 
three  different  ways,  and  each  decision  stand  irrevocable, 
binding  upon  the  parties  to  each  case ;  anil  that  for  the  sim 
ple  reason  that  the  departments  are  co-ordinate,  and  there  is 
no  ordained  legal  superior  with  power  to  revise  and  reverse 
their  decisions. 

To  say  that  the  departments  of  our  Government  are  co- 
mlinato  is  to  say  that  the  judgment  of  one  of  them  is  not 
binding  upon  tho  other  two  as  to  tho  arguments  and  princi 
ples  involved  in  tho  judgment.  It  binds  only  the  parties  to 
the  case  decided.  But  if,  admitting  that  tho  departments  of 
Government  are  co-ordinate,  it  bo  still  ^contended  that  the 
principles  adopted  by  one  department,  in  deciding  u  case 
properly  before  it,  are  binding  upon  another  department, 
that  obligation  must  of  necessity  be  reciprocal:  that  is.if  the 
President  be  bound  by  tho  principles  laid  down  by  the  Judi 
ciary,  so  also  is  tho  Judiciary  bound  by  the  principles  laid 
down  by  the  President.  And  thus  wo  shall  have  a  theory  of 
constitutional  government  llatly  contradicting  itself.  Depart 
ments  co-ordinate  and  coequal,  and  yet  reciprocally  subordi- 
ate  to  each  other!  That  cannot  bo.  The  several  depart 
ments,  though  far  from  sovereign,  4iro  free  and  independent, 

II  the  exorcise  of  the  limited  powers  granted  to  them  respecti 
vely  by  the  Constitution.    Our  Government,  indeed,  as  a 

whole,  is  not  vested  with  the  sovereignty  and  does  not  pos 
sess  all  the  powers  of  the  nation.  It  has  no  powers  but  such 
as  are  granted  by  the  Constitution:  and  many  powers  are 
expressly  withheld.  The  nation  certainly  is  coequal  with  all 
other  nations,  and  has  equal  powers,  but  it  has  not  chosen  to 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


159 


delegate  all  its  powers  to  this  Government,  in  any  or  all  its 
departments. 

The  Government,  as  a  whole,  is  limited:  and  limited  in  all 
its  departments.  It  is  the  especial  function  of  the  judiciary 
to  hear  and  determine  cases,  not  to  "' establish  principles," 
nor  '-settle  questions,"  so  as  to  conclude  any  person  hut  the 
parties  and  privies  to  the  cases  adjudged.  Its  powers  are 
specially  granted  and  defined  by  the  Constitution,  article  3, 
sectionS: 

"The  judicial  power  shall  extend  to  all  cases  in  law  and 
equity  arising  under  this  Constitution,  the  laws  of  the  Uni 
ted  States,  and  treaties  made  and  which  shall  be  made  under 
ThHr  authority ;  to  all  cases  affecting  ambassadors,  other 
ministers,  and  consuls;  to  all  cases  of  admiralty  and  mari 
time  jurisdiction;  to  controversies  to  which  the  United 
States  shall  be  a  party;  to  controversies  between  two  or 
more  States;  between  States  and  citizens  of  other  States; 
between  citizens  of  different  States:  between  citizens  of  the 
(same  State  claiming  lands  under  grant*!  of  different  Status, 
and  between  a  State,  or  the  citizens  thereof,  and  foreign 
States,  citizens,  or  subjects." 

And  that  is  the  sum  of  its  powers,  ample,  and  efficient  for 
all  the  purposes  of  distributive  justice  among  individual  par 
ties,  but  powerless  to  impose  rules  of  action  and  of  judgment 
upon  the  other  departments.  Indeed,  it  is  not  itself  bound 
by  its  own  decisions,  for  it  can,  and  often  does,  overrule  and 
disregard  them,  as  in  common  honesty  it  ought  to  do,  when 
ever  it  finds,  by  its  after  and  better  lights,  that  its  former 
judgments  were  wrong. 

Of  all  the  departments  of  the  Government  the  President 
is  the  most  aC> ive.  and  the  most  constant  in  action.  He  is 
called  "the  Executive;"  and  so  in  fact  he  is,  and  much  more 
also,  for  the  Constitution  has  imposed  upon  him  many  im 
portant  duties,  and  granted  to  him  great  powers  which  are 
in  their  nature  not  executive — such  as  the  veto  power,  the 
power  to  send  and  receive  ambassadors,  the  power  to  make 
treaties,  and  the  power  to  appoint  officers.  This  last  is  not 
more  an  executive  power  when  used  by  the  President  than 
it  is  when  it  is  exercised  by  either  House  of  Congress,  by  the 
courts  of  justice,  or  by  the  people  at  large. 

The  President  is  a  department  of  the  Government,  and, 
although  the  only  department  which  consists  of  a  single 
man,  he  is  charged  with  a  greater  range  and  variety  of  pow 
ers  and  duties  than  any  other  department.  Ho  is  a  civil 
magistrate,  not  a  military  chief;  a»d  in  this  regard  we  see  a 
striking  proof  of  the  generality  of  the  sentiment  prevailing 
in  this  country  at  the  time  of  the  formation  of  our  Govern 
ment,  to  the  effect  that  the  military  ought  to  be  held  in 
strict  subordination  to  tha  civil  power ;  for  the  Constitution, 
while  it  grants  to  Congress  the  unrestricted  power  to  de 
clare  war,  to  raise  and  support  armies,  and  to  provide  and 
maintain  a  navy,  at  the  same  time  guards  carefully  against 
the  abuse  of  that  power,  by  withholding  from  Congress  and 
from  the  army  itself  the  authority  to  appoint  the  chief  com 
mander  of  a  force  so  potent  for  good  or  evil  to  the  State. 
The  Constitution  provides  that  "the  President  shall  be  Com- 
mander-in-Chief  of  the  Army  and  Navy  of  the  United  States, 
and  of  the  militia  of  the  several  States  when  called  into  the 
actual  service  of  the  United  States."  And  why  is  this? 
Surely  not  because  the  President  is  supposed  to  be,  or  com 
monly  is,  in  fact,  a  military  man,  a  man  skilled  in  the  art 
of  war,  find  qualified  to  marshal  a  host  in  the  field  of  battle. 
No.  it  is  for  quite  a  different  reason;  it  is,  that  whatever 
pkillful  soldier  may  lead  our  armies  to  victory  iigainst  a  for 
eign  foe,  or  may  quell  a  domestic  insurrection,  however  high 
lie  may  raise  his  professional  renown,  and  whatever  martial 
glory  he  may  win,  still  he  is  subject  to  the  orders  of  the  civil 
magistrate,  and  he  and  his  army  are  always  "subordinate 
to  the  civil  power." 

And  hence  it  follows  that  whenever  the  President,  (the 
civil  magistrate.)  in  the  discharge  of  his  constitutional 
duty  to  "take  care  that,  the  laws  be  faithfully  executed," 
has  occasion;  to  use  the  army  to  aid  him  in  the  pnrformance 
of  thnt  duty,  he  does  not  thereby  lose  his  civil  character 
and  become  a  soldier,  subject  to  military  law,  and  liable  to 
b^  tried  by  a  court  martial,  any  more  than  does  a  civil 
court  lose  its  legal  and  pacific  nature,  and  become  military 
nnd  belligerent  by  culling  out  the  power  of  the  country  to 
enforce  its  decrees.  The  civil  magistrates,  whether  judicial 
or  executive,  must  of  necessity  employ  physical  power  to 
«id  them  in  enforcing  the  laws,  whenever  they  have  to 
deal  with  disobedient  and  refractory  subjects,  and  their 
legal  power  and  right  to  do  so  is  unquestionable.  The  right 
of  the  courts  to  call  out  the  whole  power  of  the  country  to 
enforce  their  judgments  is  as  oM  as  the  common  law  ;  and 
the  ri  -lit  of  the  President  to  use  force  in  tht;  performance 
rif  his  Iciral  duties  is  not.  only  inherent  in  his  office,  but 
has  been  frequently  recognized  and  aided  by  Congress. 
One  striking  example  of  this  is  the  net  ot  Congress  of 
March:?.  1807,  (2  St at.,  445.)  which  empowered  the  Presi 
dent,  without  the  intervention  of  any  court,  to  use  the 
rnar-hal.  and,  if  he  be  insufficient,  to  use  the  army,  summa- 
rarily  to  expel  intruders  and  squatters  upon  the  public 
.'aiids.  And  that  power  has  been  frequently  exercised, 


without,  as  far  aa  I  know,  a  question  <>f  its  legality.  To 
call  ns  is  sometimes  done,  the  judiciary  the,  civil  power, 
and  the  President  the  military  power,  seems  to  me  at  once 
a  mistake  of  fact  and  an  abuse  of  language. 

While  the  judiciary  and  the  President,  as  departments 
of  the  General  Government,  are  co-ordioate,  equal  in  dig 
nity  and  power,  and  equally  trusted  by  the  law  in  their 
respective  spheres,  there  is,  nevertheless,  a  marked  diver- 
|  sity  in  the  character  of  their  functions  and  their  modes  of 
I  action.  The  judiciary  is,  for  the  most  part,  passive.  It 
rarely,  if  ever,  takes  the  initiative;  it  seldom  or  never  be 
gins  an  operation.  Its  great  function  is  judgment,  and,  in 
tho  exercise  of  that  function,  it  is  confined  almost  exclu 
sively  tocases  not  selected  by  itself,  but  made  and  submit 
ted  by  others.  The  President,  on  the  contrary,  by  the  very- 
nature  of  his  office,  is  active;  he  must  often  take  the  ini 
tiative:  he  must  begin  operations.  His  great  function  is 
execution,  for  he  is  required  by  the  Constitution  (and  be  is 
the  only  department  that  is  so  required)  to  '-take  care  that 
the  laws  (all  the  laws  be  faithfully  executed  ;"  and  in  the 
exercise  of  that  function  bis  duties  are  co-extensive  with 
the  liws  of  the  land. 

Often  he  comes  to  the  aid  of  the  judiciary  in  the  execu 
tion  of  its  judgments ;  and  this  is  only  a  part,  and  a  small 
part,  of  his  constitutional  duty,  to  take  care  that  the  laws 
be  faithfully  executed.  I  say  it  is  a  small  part.of  his  duty, 
because  for  every  instance  in  which  the  President  executes 
tho  judgment  of  a  court  there  are  a  hundred  instances  in 
which  he  executes  the  law  without  the  intervention  of  the 
judiciary,  and  without  referring  at  all  to  its  functions.  , 

I  have  premised  this  much  in  order  to  show  the  separate 
and  independent  character  of  the  several  departments  of 
our  Government,  and  to  indicate  the  inevitable  differences 
in  their  modes  of  action  and  the  characteristic  diversity  of 
the  subjects  upon  which  they  operate;  and  all  this  as  a 
foundation  for  the  answers  which  I  will  now  proceed  t<» 
give  to  the  particular  questions  propounded  to  me. 

As  to  the  first  question,  I  am  clearly  of  opinion  that,  in 
a  time  like  the  present,  when  the  very  existence  of  the  na 
tion  is  assailed  by  a  great  and  dangerous  insurrection,  tho 
President  has  the  lawful  discretionary  power  to  arrest 
and  held  in  custody  persons  known  to  have  criminal  inter 
course  with  the  insurgents,  IT  persons  against  whom  there 
is  probable  cause  for  suspicion  of  such  criminal  complicity. 
And  I  think  this  position  can  be  maintained,  in  view 
of  the  principles  already  laid  down,  by  a  very  plain  argu 
ment. 

The  Constitution  requires  the  President,  before  he  entera 
upon  the  execution  of  his  office,  to  take  an  oath  that  he 
"will  faithfully  execute  the  office  of  President  of  the 
United  States,  and  will,  to  the  best  of  his  ability,  pre 
serve,  protect,  and  defend  the  Constitution  of  the  United 
States." 

The  duties  of  the  office  comprehend  all  the  executive 
power  of  tho  nation,  which  is  expressly  vested  in  the  Presi 
dent  by  the  Constitution,  (article  2,  section  1,)  and  also  all 
the  powers  which  are  specially  delegated  to  the  President, 
and  yet  are  not,  in  their  nature,  executive  powers;  for 
example,  the  veto  power,  the  treaty-making  power,  the 
appointing  power,  the  pardoning  power.  These  belong  to 
|  that  class  which  in  England  are  called  prerogative  powers, 
j  inherent  in  the  Crown.  And  yet  the  trainers  of  our 
Constitution  thought  proper  to  preserve  them  and  to  vest 
them  in  the  President,  as  necessary  to  the  good  govern- 
|  meut  of  the  country.  The  executive  powers  are  granted 
generally  nnd  without  specification;  the  powers  not  execu 
tive  are  granted  specially,  and  for  purposes  obvious  in  the 
context  of  the  Constitution.  And  all  these  are  embraced 
within  the  duties  of  the  President,  and  are  clearly  within 
that  clause  of  his  oath  which  requires  him  to  '"faithfully 
execute  the  office  of  President." 

The  last  clause  of  the  oath  is  peculiar  to  the  President. 
All  the  other  officers  of  Governmeut  are  required  to  swear 
only  "to  support  this  Constitution;"  while  the  President 
must  swear  to  "  preserve,  protect,  and  defend"  it,  which  im 
plies  the  power  to  perform  what  he  is  required  in  so  solemn 
a  manner  to  undertake.  And  then  follows  the  broad  and 
compendious  injunction  to  "  take  care  that  the  laws  be  faith 
fully  executed."  And  this  injunction,  embracing  as  it  does 
all  the  laws — Constitution,  treaties,  statutes — is  addressed  to 
the  President  alone,  and  not  to  any  other  department  or 
office  of  tho  Government.  And  this  constitutes  him,  in  a 
peculiar  manner,  and  above  all  other  officers,  tho  guardian 
of  the  Constitution — its  preserver,  protector,  and  defender. 

It  is  the  plain  duty  of  the  President  (and  his  peculiar 
duty,  above  and  beyond  all  other  departments  of  the  Gov 
ernment)  to  preserve  the  Constitution  and  execute  tho  laws 
all  over  the  nation;, and  it  is  plainly  impossible  for  him  to 
perform  this  duty  without  putting  down  rebellion,  insurrec 
tion,  and  all  unlawful  combinations  to  resist  the  Geticral 
Government.  The  duty  to  suppress  the  insurrection  being 
obvious  and  imperative,  the  two  acts  of  Congress,  of  1705 
and  1S07,  come  to  his  aid,  and  furnish  the  physical  force 
which  he  needs  to  suppress  the  insurrection  and  execute  tha 


160 


ADMINISTRATION   OF   ABRAHAM   LINCOLN. 


laws.  Those  two  acts  authorize  the  President  to  employ  for 
that  purpose  the  militia,  the  army,  and  the  navy. 

The  argument  may  be  briefly  stated  thus  :  It  is  the  Pres 
ident's  bounden  duty, to  put  dowu  the  insurrection,  as,  in 
the  language  of  the  act  of  1795,  the  "  combinations  are  too 
powerful  to  be  suppressed  by  the  ordinary  course  of  judicial 
proceedings,  or  by  the  powers  vost'-d  in  the  marshals."  And 
this  duty  is  imposed  upon  the  President  for  the  very  reason 
that  the  courts  and  the  marshals  are  too  weak  to  perform 
it.  The  manner  in  which  he  shall  perform  that  duty  is  not 
proscribed  by  any  law,  but  the  means  of  performing  it  are 
given  in  the  plain  language  of  the  statutes,  and  they  are  all 
means  of  force — the  militia,  the  Army,  and  the  Navy.  The 
end,  the  suppression  of  the  insurrection,  is  required  of  him; 
the  means  and  instruments  to  suppress  it  are  lawfully  in  his 
hands ;  but  the  manner  in  which  ho  shall  use  them  is  not 
prescribed,  and  could  not  be  prescribed,  without  a  fore 
knowledge  of  all  the  future  changes  and  contingencies  of 
the  insurrection.  He  is  therefore  necessarily  thrown  upon 
his  discretion  as  to  the  manner  in  which  he  will  use  his 
means  to  meet  the  varying  exigencies  as  they  arise.  If  the 
insurgents  assail  the  nation  with  an  army  he  may  find  it 
best  to  meet  them  with  an  army,  and  suppress  the  insurrec 
tion  on  the  field  of  battle.  If  they  seek  to  prolong  the  re 
bellion  and  gather  strength  by  intercourse  with  foreign 
nations,  he  may  choose  to  guard  the  coast  and  close  the 
ports  with  a  navy,  as  one  of  the  most  efficient  means  to  sup 
press  the  insurrection.  And  if  they  employ  spies  and  emis 
saries  to  gather  information,  to  forward  secret  supplies,  and 
to  excite  new  insurrections  in  aid  of  the  original  rebellion, 
he  may  find  it  both  prudent  and  humane  to  arrest  and  im 
prison  them.  And  this  may  be  done  either  for  the  purpose 
of  bringing  them  to  trial  and  condign  punishment  lor  their 
crimes,  or  they  may  bo  held  in  custody  for  the  milder  end 
of  rendering  them  powerless  for  mischief  until  the  exigency 
is  past. 

In  such  a  state  of  things  the  President  must,  of  necessity, 
be  the  sole  judge,  both  of  the  exigency  which  requires  him 
to  act,  and  of  the  manner  in  which  it  is  most  prudent  for 
him  to  employ  the  powers  entrusted  to  him,  to  enable  him 
to  discharge  his  constitutional  and  legal  duty;  that  is,  to 
suppress  the  insurrection  and  execute  the  laws.  And  this 
discretionary  power  of  the  President  is  fully  admitted  by 
the  Supremo  Court  in  the  case  of  Martin  vs.  Mott.  (12 
Wheaton's  Reports,  page  19 :  7  Curtis,  10.) 

This  is  a  great  power  in  the  hands  of  the  Chief  Magis 
trate;  and  because  it  is  great,  and  is  capable  of  being  per 
verted  to  evil  ends,  its  existence  has  been  doubted  or  de 
nied.  It  is  said  to  be  dangerous  in  the  hands  of  an  ambi 
tious  and  wicked  President,  because  he  may  use  it  for  the 
purposes  of  oppression  and  tyranny.  Yes,  certainly  it  is 
dangerous;  all  power  is  dangerous,  and  for  the  all-pervad 
ing  reason  that  all  power  is  liable  to  abuse;  all  the  re 
cipients  of  human  power  are  men,  not  absolutely  virtuous 
and  wise.  Still  it  is  a  power  necessary  to  the  piece  and 
safety  of  the  country,  and  undeniably  belongs  to  the  Gov 
ernment,  and  therefore  must  be  exercised  by  some  depart 
ment  or  officer  thereof. 

Why  should  this  power  be  denied  to  the  President,  on 
the  ground  of  its  liability  to  abuse,  and  not  denied  to  the 
other  departments  on  the  same  ground?  Are  they  more 
exempt  than  ho  is  from  the  frailties  and  vices  of  humanity? 
Or  are  they  more-trusted  by  the  law  than  he  is  trusted,  in 
their  several  spheres  of  action  ?  If  it  bo  said  that  a  Presi 
dent  may  be  ambitious  and  unscrupulous,  it  may  be  said 
with  equal  truth  that  a  legislature  may  be  factious  and 
unprincipled,  and  a  court  may  be  venal  and  corrupt.  But 
these  are  crimes  never  to  be  presumed,  even  against  a 
private  man,  and  much  less  against  any  high  and  highly 
trusted  public  functionary.  They  are  crimes,  however, 
recognized  as  such,  and  made  punishable  by  the  Constitu 
tion  ;  and  whoever  is  guilty  of  them,  whether  a  president, 
a  senator,  or  a  judge,  is  liable  to  impeachment  and  condem 
nation. 

As  to  the  second  question  :  Having  assumed,  in  answering 
the  first  question,  that  the  President  has  the  legal  discre 
tionary  power  to  arrest  and  imprison  persons  who  are  guilty 
of  holding  criminal  intercourse  with  men  engaged  in  a  great 
and  dangerous  insurrection,  or  persons  suspected  with 
"probable  cause"  of  such  criminal  complicity,  it  might  seem 
unnecessary  to  go  into  any  prolonged  argument  to  prove 
that  in  such  a  case  the  President  is  fully  justified  in  refusing 
to  obey  a  writ  of  habeas  corpus,  issued  by  a  court  or  judge, 
commanding  him  to  produce  the  body  of  his  prisoner,  and 
state  when  lie  took  him,^nd  by  what  authority,  and  for 
what  cause  ho  detains  him  in  custody,  and  then  yield  him 
self  to  judgment,  "to  do.  submit  to,  and  receive  whatsoever 
the  imlge  or  court,  awarding  the  writ,  shall  consider  in  that 
behalf." 

If  it  is  true, as  I  have  assumed,  that  the  President  and  the 
Judiciary  are  co-ordinate  departments  of  Government,  and 
the  one  not  subject  to  the  other.  I  do  not  understand  how 
it  can  be  legally  possible  for  u  judge  to  issue  a  command  to 
the  President  to  come  before  him  adsubjicicndmn,  that  is  to 


j  submit  implicitly  to  his  judgment,  and,  in  cane  of  disohe- 
{  dience,  treat  him  as  a  criminal,  in  contempt  of  a  superior 
j  authority,  and  punish  him  as  for  a  misdemeanor,  by  fine  and 
imprisonment.  It  is  no  answer  to  say,  as  has  sometimes  been 
said,  that  although  the  writ  of  habeas  cm-pus  cannot  be  issued 
and  enforced  against  the  President  himself,  yet  that  it  can  be 
against  any  of  his  subordinates;  for  thatabandoris  the  princi 
ple  assumed,  of  giving  relief  in  "  all  cases"  of  imprisonment, 
by  color  of  authority  of  the  United  States,  and  attempts  to 
I  take  an  untenable  distinction  between  the  person  of  the  Pres- 
j  ident  and  his  office  and  legal  power.  The  law  takes  no  such 
I  distinction,  for  it  is  no  respecter  of  persons.  The  Pre.-M <-iit, 
in  the  arrest  and  imprisonment  of  men,  must,  almost  always, 
!  act  by  subordinate  agents ;  and  yet  the  thing  done  is  no  less 
his  act  than  if  done  by  his  own  hand.  But  it  is  possible  f,,r 
the  President  to  be  in  the  actual  custody  of  a  prisoner,  taken 
in  civil  war,  or  arrested  on  suspicion  of  being  a  secret  agent 
and  abettor  of  rebellion,  and  in  that  case  the  writ  must  be 
unavailing,  unless  it  run  against  the  President  himself.  Be 
sides  the  whole  subject-matter  is  political,  and  not  judicial. 
Tho  insurrection  itself  is  purely  political.  Its  object  is  to 
destroy  the  political  government  of  this  nation,  and  to  es 
tablish  another  political  government  upon  its  ruins.  And 
the  President,  as  the  cliief  civil  magistrate  of  the  nation, 
and  the  moat  active  department  of  the  Government,  is  emi 
nently  and  exclusively  political  in  all  its  principal  functions. 
As  the  political  chief  of  the  nation,  the  Constitution  charges 
him  with  its  preservation,  protection,  and  defense,  and  re 
quires  him  to  take  care  that  the  laws  be  faithfully  executed 
And  in  that  character,  and  by  the  aid  of  the  acts  of  Congres 
of  17'Jo  and  1807,  he  wages  open  war  against  armed  rebel 
lion,  and  arrests  and  holds  in  safe  custody  those  whom,  in 
the  exercise  of  his  political  discretion,  he  believes  to  be 
friends  of  and  accomplices  in  the  armed  insurrection,  which 
it  is  his  especial  political  duty  to  suppress.  He  has  no  judi 
cial  powers.  And  the  Judiciary  Department  has  no  politi 
cal  powers,  and  claims  none,  and  therefore  (as  well  as  for 
other  reasons  already  assigned)  no  court  or  judge  can  take 
cognizance  of  the  political  acts  of  the  President,  or  under 
take  to  revise  and  reverse  his  political  decisions. 

The  jurisdiction  exercised  under  the  writ  of  habeas  cm- 
pus  in,  in  the  nat  ;ro  of  an  appeal,  (4  Cr.  75.)  for,  as  far  as 
co.  cern.s  the  right  of  the  pi  isouer,  the  whole  object  of  the 
process  is  to  re-examine  and  reverse  or  affirm  the  acts  of 
the  person  who  imprisoned  him.  And  I  tbi->k  it  will  hardly 
be  seriously  affirmed  that  a  judge,  at  chambers,  can  enter 
tain  an  appeal,  in  any  form,  from  a  decision  of  the  Tresi- 
dent  of  the  United  States,  and  especially  in  a  case  purely 
political. 

There  is  but  one  sentence  in  the  Constitution  which  men 
tions  the  writ  of  habeas  corpus — art.  1.  sec.  9,  clause  - — 
which  is  in  these  words : 

"  The  privileges  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  when,  in  cases  of  rebellion  or  invasion, 
thf  public  safety  may  require  it." 

Very  learned  persons  have  differed  widely  about  the 
meaning  of  this  short  sentence,  and  I  am  by  no  means  con 
fident  that  I  fully  understand  it  myself.  The  sententious 
language  of  the  Constitution,  in  this  particular,  must,  I 
suppose,  be  interpreted  with  reference  to  the  origin  of  our 
people,  their  historical  relations  to  the  mother  country,  and 
their  inchoate  political  condition  at  the  moment  when  our 
Constitution  was  formed.  At  that  time  the  United  :-tates, 
as  a  nation,  had  no  common  law  of  its  own,  and  no  statu 
tory  provision  for  the  writ  of  Jiabeas  corpus.  Still  the  peo 
ple,  English  by  descent,  even  while  in  open  rebellion 
against  the  English  Crowu  claimed  a  sort  of  historical 
right  to  the  forms  of  English  law  and  the  guarantees  of 
English  freedom.  They  knew  that  the  Knglish  Government 
had,  more  than  once,  assumed  the  power  to  imprison  whom 
it  would,  and  hold  them,  for  an  indefinite  time,  beyond  the 
reach  of  judicial  examination ;  and  they  desired,  no  doubt, 
to  interpose  a  guunl  against  the  like  abuses  in  this  coun 
try  ;  and  hence  the  clause  of  the  Constitution  now  under 
consideration.  But  we  must  try  to  constrne  the  words, 
vague  ami  indeterminate  as  they  are,  as  we  find  them. 
"  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,"  Ac.  Does  that  mean  that  the  writ  itself  shall 
not  be  issued,  or  that,  being  issued,  the  party  shall  derive 
no  benefit  from  it ?  Suspended — does  that  mean  delayed, 
hung  up  for  a  time,  or  altogether  denied?  The  writ  of 
habeas  corpus — which  writ?  In  England  there  were  many 
writs  called  by  that  name,  and  used  by  the  courts  for  the 
more  convenient  exercise  of  their  various  powers :  and  our 
own  courts  now,  by  acts  of  Congress — the  Judiciary  act  of 
1789,  sec.  14,  and  the  act  of  March  2,  1833,  sec.  7— h  ne,  I 
believe,  equivalent  powers. 

It  has  been  decided  by  the  Supreme  Court,  and  I  doubt 
not  correctly — see  Bollman  Swartwout's  case  (4  Cr.,  93) — 
that  "  for  the  meaning  of  the  term  habeas  corpus  resort 
must  be  had  to  the  common  law,  but  the  power  to  award 
the  writ  by  any  of  the  courts  of  the  United  States  must  be 
given  by  written  law."  And  the  same  high  Court,  judging, 
no  doubt,  by  the  history  of  our  people  and  the  circumstances 


ADMINISTRATION    OF    ABRAHAM    LINCOLN, 


161 


of  the  times,  has  also  decided  that  the  writ  of  habeas  corpus 
mentioned  in  the  Constitution  is  the  great  writ  ad  subjitf- 
tndum. 

That  writ,  in  its  nature,  action,  and  objects,  is  tersely  and 
accurately  described  by  Sir  William  Blackstone.  I  adopt 
bis  language,  as  found  in  his  Commentaries,  Book  3,  p.  131 : 

"But  the  great  and  efficacious  writ,  in  all  manner  of  ille 
gal  confinement,  is  that  of  habeas  corpus  ad  suljiciendum, 
directed  to  the  person  detaining  another  and  commanding 
him  to  produce  the  body  of  the  prisoner,  with  the  day  and 
cause  of  his  caption  and'  detention,  ad  faciendum,  subjicien- 
dum  et  rccipiendum,  to  do,  submit  to,  and  receive  whatsoever 
the  judge  or  court  .awarding  such  writ  shall  consider  in  that 
behalf.  This  is  a  high  prerogative  writ,  and  therefore  by 
the  common  law,  issuing  out  of  the  Court  of  King's  Bench, 
not  only  in  term  time,  but  also  during  the  vacation  by  a  fiat 
from  the  Chief  Justice  or  any  other  of  the  judges,  and  run 
ning  into  all  parts  of  the  King's  dominions ;  for  the  King  is 
at  all  times  entitled  to  have  an  account  why  the  liberty  of 
any  of  his  subjects  is  restrained,  wherever  that  restraint 
may  be  inflicted." 

Such  is  the  writ  of  habeas  corpus,  of  which  the  Constitu 
tion  declares  that  the  privilege  thereof  shall  not  be  sus 
pended  except  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  it.  But  the  Constitution  is  silent 
as  to  who  may  suspend  it  when  the  contingency  happens. 
I  am  aware  that  it  has  been  declared  by  the  Supreme  Court 
that  "  if,  at  any  time,  the  public  safety  should  require  the 
suspension  of  the  powers  vested  by  this  act  (meaning  the 
judiciary  act  of  1789,  section  14)  in  the  courts  of  the  United 
States,  it  is  for  the  Legislature  to  say  so.  That  question 
depends  upon  political  considerations,  on  which  the  Legis 
lature  is  to  decide.''  Upon  this  I  remark  only  that  the 
Constitution  is  older  than  the  judiciary  act,  and  yet  it 
epeaks  of  the  privilege  of  the  writ  of  habeas  corpus  as  a 
thing  in  existence;  it  is  in  general  terms,  and  does  not 
speak  with  particular  reference  to  powers  which  might  or 
might  not  be  granted  by  a  future  act  of  Congress.  Besides, 
1  take  it  for  certain  that,  in  the  common  course  of  legisla 
tion,  Congress  has  power,  at  any  time,  to  repeal  the  judi 
ciary  act  of  17S9  and  the  act  of  1833  (which  grants  to  the 
courts  and  to  the  judges  the  power  to  issue  the  writs)  with 
out  waiting  for  a  rebellion  or  invasion,  and  a  consequent 
public  necessity,  to  justify,  under  the  Constitution,  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus. 

The  court  does  not  speak  of  suspending  the  privilege  of 
the  writ,  but  of  suspending  the  powers  vested  in  the  court 
by  tho  act.  The  power  to  issue  a  writ  can  hardly  be  called 
;.  privilege ;  yet  the  right  of  an  individual  to  invoke  the 
protection  of  his  Government  in  that  form  may  well  be  de 
signated  by  that  name.  And  I  should  infer,  with  a  good 
d^ul  of  confidence,  that  tl)e  Court  meant  to  speak  only  of 
us  own  powers,  and  not  of  the  privilege  of  individuals,  but 
for  the  fact  that  the  court  ascribe  the  power  to  suspend  to 
the  Legislature  upon  political  grounds.  It  says  "  that  ques 
tion  depends  upon  political  considerations,  on  which  the 
Legislature  is  to  decide."  Now,  I  had  supposed  that  ques 
tion  did  not  belong  exclusively  to  the  Legislature,  because 
they  depend  upon  political  considerations,  inasmuch  as  the 
President,  in  his  constitutional  and  official  duties,  is  quite  as 
political  as  is  the  Congress,  and  has  daily  occasion  in  the 
common  routine  of  affairs  to  determine  questions  upon  polit 
ical  considerations  alone. 

If  by  the  phrase  the  suspension  of  the  privilege  of  the 
writ  of  habeas  corpus,  we  must  understand  a  repeal  of  all 
power  to  issue  the  writ,  then  I  freely  admit  that  none  but 
Congress  can  do  it.  But  if  we  are  at  liberty  to  understand 
the  phrase  to  mean,  that  in  case  of  a  great  and  dangerous 
rebellion  like  the  present,  the  public  safety  requires  the 
arrest  and  confinement  of  persons  implicated  in  that  rebel 
lion,  I  as  freely  declare  tho  opinion  that  the  President 
has  lawful  power  to  suspend  the  privilege  of  persons  arrested 
under  such  circumstances ;  for  he  is  especially  charged  by 
the  Constitution  with  the  "  public  safety,"  and  he  is  the  sole 
judge  of  tho  emergency  which  requires  his  prompt  action. 

This  power  in  tho  President  is  no  part  of  his  ordinary  duty 
in  timo  of  peace;  it  is  temporary  and  exceptional,  and  w;is 
intended  only  to  meet  a  pressing  emergency,  when  the  judi 
ciary  is  found  to  be  too  weak  to  insure  the  public  safety — 
when  (in  tho  language  of  the  act  of  Congress)  there  are 
'•  combinations  too  powerful  to  bo  suppressed  by  the  ordinary 
course  of  judicial  proceedings,  or  by  the  powers  vestod  in  the 
marshals."  Then  and  not  till  then,  has  he  the  lawful  au 
thority  to  call  to  his  aid  the  military  power  of  the  nation, 
and  with  that  power  perform  his  great  legal  and  constitu 
tional  duty  to  suppress  the  insurrection.  And  shall  it  be 
said  that  when  he  has  fought  and  captured  the  insurgent 
army,  and  has  seized  their  secret  spies  and  emissaries,  he  is 
bound  to  bring  their  bodies  before  any  judge  who  mavsend 
him  a  writ  of  habeas  corpus,  "  to  do,  submit  to,  and  receive 
whatsoever  the  said  judge  shall  consider  in  that  behalf?" 

I  deny  that  he  is  under  any  obligation  to  obey  such  a 
writ,  issued  under  such  circumstances.  And  in  making 
this  denial  I  do  but  follow  the  highest  judicial  authority  of 


the  nation.  In  the  case  of  Luther  rs.  Borden.  (commonly 
called  the  Rhode  Island  case.)  reported  in  7  Howard,  page  1, 
the  Supreme  Court  discussed  several  of  the  most  impor 
tant  topics  treated  of  in  this  opinion,  and  among  them  the 
power  of  the  President  alone  to  decide  whether  the  exigency 
exists  authorizing  him  to  call  out  the  militia  under  the 
act  of  1795.  The  court  affirmed  tho  power  of  the  Presi 
dent  in  that  respect,  and  denied  the  power  of  tho  court  to 
examine  and  adjudge  his  proceedings.  The  opinion  of  the 
court,  delivered  by  the  learned  Chief  Justice  Taney,  de 
clares  that  if  the  court  had  that  power,  "then  it  would 
become  the  duty  of  the  court  (provided  that  it  came  to  the 
conclusion  that  the  President  had  decided  incorrectly)  to 
discharge  those  who  were  arrested  or  detained  by  the 
troops  in  the  service  of  the  United  States,  or  the  Govern 
ment  which  the  President  was  endeavoring  to  maintain.  If 
(says  that  learned  court)  the  judicial  power  extends  so  far, 
the  guarantee  contained  in  the  Constitution  of  the  United 
States  (meaning,  of  course,  protection  against  insurrection) 
is  a  guarantee  of  anarchy  arid  not  of  order." 

Whatever  I  have  said  about  the  suspension  of  the  privi 
lege  of  the  writ  of  habeas  corpus  has  been  said  in  defer 
ence  to  the  opinions  of  others,  and  not  because  I  myself 
thought  it  necessary  to  treat  of  that  subject  at  all  in  refer 
ence  to  the  present  posture  of  our  national  affairs.  For, 
not  doubting  the  power  of  the  President  to  capture  and 
hold  by  force  insurgents  in  open  arms  against  the  Govern 
ment,  and  to  arrest  and  imprison  their  suspected  accom 
plices,  I  never  thought  of  first  suspending  the  writ  of 
habeas  corpus  any  more  than  I  thought  of  first  suspending 
the  writ  of  replevin  before  seizing  arms  and  munitions 
destined  for  the  enemy. 

The  power  to  do  these  things  is  in  the  hand  of  the  Presi 
dent,  placed  there  by  the  Constitution  and  the  statute  law 
as  a  sacred  trust,  to  be  used  by  him  in  his  best  discretion 
in  the  performance  of  his  great  first  duty — to  preserve, 
protect,  and  defend  the  Constitution.  And  for  any  breach 
of  that  trust  he  is  responsible  before  the  high  court  of  im 
peachment,  anil  before  no  other  human  tribunal. 

The  powers  of  the  President  falling  within  this  general 
class  have  been  several  times  considered  by  the  judiciary, 
and  have,  I  believe,  been  uniformly  sustained,  without  ma 
terially  varying  from  the  doctrines  laid  down  in  this  o^in- 
ion.  I  content  myself  with  a  simple  reference  to  the  cases, 
without  encumbering  this  document,  already  too  long,  with 
copious  extracts.  (The  Rhode  Island  case,  7  Howard, 

fage  1 ;  Fleming  vs.  Page,  9  Howard,  page  615  ;  Cross  vs. 
[arrison,  16  Howard,  page  189;  the  Santishima  Trinidad, 
7  Wheaton,page  305;  Martin  vs.  Molt,  12  Wheaton,  page 
19.) 

To  ray  mind  it  is  not  very  important  whether  we  call  a 
particular  power  exerci-red  by  the  President  a  peace  power 
or  a  war  power,  for  undoubtedly  ho  is  armed  with  both. 
He  is  the  ch  ef  civil  magistrnte  of  the  nation,  and,  being 
such,  and  because  he  is  si  ch.  he  is  the  constitutional  com- 
mauder-in-chief  of  the  army  and  navy;  and  thus,  within 
the  limits  of  the  Constitution,  he  rules  in  peace  and  com 
mands  in  war,  arid  at  this  moment  he  is  in  the  full  exercise 
of  all  the  functions  belonging  to  both  these  characters.  Tho 
civil  administration  is  still  going  on  in  its  peaceful  course, 
and  yet  we  are  in  the  midst  of  war — a  war  iu  which  the 
enemy  is,  for  the  present.,  dominant  in  many  States,  and 
has  his  secret  allies  and  accomplices  scattered  through 
many  other  States  which  are  still  loyal  and  true;  a  war  all 
the  more  dangerous,  aad  more  needing  jealoiis  vigilance 
and  prompt  action,  because  it  is  an  internecine  and  not  an 
international  war. 

This,  sir,  is  my  opinion,  the  result  of  my  best  reflections 
upon  the  questions  propounded  by  you.  Such  as  if,  is,  it  is 
submitted  with  all  possible  respect,  by  your  obedient  ser 
vant,  EDWARD  BATES,  Attorney  General. 

To  the  PRESIDENT. 

VIEW    OF    HORACE    BINNEY. 

From  his  pamphlet  entitled  "  The  Privilege 
of  the  Writ  of  Habeas  Corpus  under  the  Con 
stitution."  pages  51,  52  : 

In  this  matter  of  suspension  of  the  privilege  of  the  Writ 
of  habeas  corpus,  the  Constitution  of  the  United  States 
stands  in  the  place  of  the  English  act  of  Parliament.  It 
ordains  the  suspension  in  the  conditioned  cases,  by  the  act 
of  the  competent  department — as  Parliament  does  from  rime 
to  time.  Neither  is  mandatory  in  suspending,  but  only 
authoritative.  Each  leaves  discretion  to  the  executive 
power.  The  difference  is,  that  Parliament  limits  a  time 
and  provides  for  the  effect  by  technical  terms.  The  Con 
stitution  connects  the  suspension  with  the  time  of  rebellion, 
and  provides  for  the  effect,  as  it  did  for  the  privilege,  by 
words  that  comprehend  the  right,  and  deny  for  a  season  th« 
enjoyment  of  it. 

It  is  further  objected,  that  this  is  a  most  dangerous 
power.  It  is,  fortunately,  confined  to  most  dangerous  times. 


162 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


Tn  such  times  the  people  generally  are  willing,  and  are 
Of*en  compelled,  to  give  up  for  a  season,  a  portion  of  their 
freedom  to  preserve  the  rest;  and  fortunately  ;u$ain,  it  is 
that  portion  qf  tho  people,  for  the  most  part,  who  like  to 
live  on  the  niitrgin  of  disobedience  to  the  laws,  whose  free 
dom  is  most  in  danger.  The  rest  are  rarely  in  want  of  a 
habeas  corjrus. 

VIRW    OF    PROFESSOR     THEOPHILU3    PARSONS. 

The  Boston  Daily  Advertiser  of  June  5,  1861, 
contained  a  summary  of  the  lecture  on  the 
question  raised  respecting  the  right  and  power 
of  the  Executive  branch  of  the  Government  to 
suspend  the  writ  of  habeas  corpus  in  certain 
emergencies,  of  which  this  is  a  part : 

The  Constitution  of  the  United  States,  art.  1,  sec.  9,  n.  2> 
provides  that  "  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  bo  suspended  unless  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  it."  And  many  of 
the  State  constitutions  have  similar  provisions1.  A  fair  in 
ference  from  this  is  that  the  right  to  habeas  corpus  may  be 
suspended,  or,  what  is  the  same  thing,  martial  law  may  be 
declared  and  exercised  "  in  cases  of  rebellion  or  invasion, 
when  the  public  safety  may  require  it." 

Tho  first  and  most  important  question  is,  who  may  de 
cide  when  the  exigency  occurs,  and  who  may,  if  it  occurs, 
declare  martial  law.  On  this  point  I  have  myself  no  doubt. 
The  clause  on  this  subject  is  contained  in  tho  first  article 
of  the  Constitution,  and  this  article  relates  principally  to 
Congress.  Nor  can  there  be  any  doubt  that  Congress  may, 
when  the  necessity  occurs,  suspend  the  right  to  the  writ  of 
habeas  corpus,  or,  which  is  tho  same  thing,  declare  or  au 
thorize  martial  law.  The  question  is,  has  the  President  this 
power?  The  Constitution  does  not  expressly  give  this 
power  to  any  department  of  Government,  nor  does  it  ex 
pressly  reserve  it  to  Congress,  although,  in  the  same  article, 
it  does  make  this  express  reservation  as  to  some  of  the 
provisions  contained  in  the  article.  This  may  be  a  mere 
accidental  omission,  but  it  seems  to  me  more  reasonable 
and  more  consonant  with  the  principles  of  tegal  interpre 
tation  to  infer  from  it  an  absence  of  intention  to  confine  it 
to  Congress.  And  I  am  confirmed  in  this  opinion  by  the 
nature  of  the  case. 

The  very  instances  specified  as  those  in  which  the  right 
to  habeas  corpus  may  be  suspended  (invasion  and  rebellion) 
are  precisely  those  in  which  the  reasons  for  doing  so  may 
come  suddenly,  the  necessity  of  determination  be  immedi 
ate,  arid  a  certainty  exist  that  the  suspension  will  bo  use 
less,  and  the  whole  mischief  which  the  suspension  might 
prevent  take  place  if  there  be  any  delay.  To  guard  against 
the  suspension  by  limiting  the  cases,  as  is  done,  seems  to 
mo  wise;  to  obstruct  it  by  requiring  the  delay  necessarily 
arising  from  legislative  action  would  seem  to  be  unreason 
able.  It  is  true  that  my  construction  gives  to  the  Pres 
ident,  in  the  two  cases  of  rebellion  and  invasion,  a  vast 
power ;  but  so  is  all  military  power.  It  is  a  vast  power  to 
send  into  a  rebellious  district  15,000  soldiers,  as  Washing 
ton  did,  whoso  duty  it  would  bo  to  meet  the  rebels,  and,  if 
necessary,  kill  as  many  as  they  could.  But  it  was  a  power 
which  belonged  to  him,  of  necessity,  as  President;  and  so, 
I  think,  did  the  power  of  martial  law.  If  it  did  not,  then, 
when  his  troops  had  captured  the  armed  rebels  whom  they 
were  sent  to  subdue,  the  nearest  magistrate  who  could  issue 
a  writ  of  habeas  corpus  might  have  summoned  the  officer 
having  them  in  charge  to  bring  them  before  him,  and  might 
have  liberated  them  at  once  to  fight  again,  and  thisas  often 
as  they  \\  ere  capttired,  until  a  law  could  be  passed  by  Con 
gress. 

If  the  power  belongs  to  the  President,  he  may  exercise  it 
at  his  discretion,  when  either  invasion  or  rebellion  occurs, 
subject,  however,  to  two  qualifications.  One,  a  universal 
one,  applicable  to  his  exercise  of  every  power.  If  he  abuses 
it,  or  exercises  it  wrongfully,  he  is  liable  to  impeachment 
The  other  is  more  a  matter  of  discretion  or  propriety.  1 
suppose  that  ho  would  of  course  report  his  doings  in  such  a 
matter  to  Congress  when  he  could,  and  be  governed  by 
their  action. 

My  conclusion  is,  therefore,  that  in  ca^e  of  invasion  from 
abroad  or  rebellion  at  home,  tho  President  may  declare,  or 
exercise  or  authorize,  martial  law  at  his  discretion. 

ARREST    OF    CLEMENT    L     VALLANDIGHAM. 

Major  General  BURNSIDE,  commmding  De 
partment  of  the  Ohio,  issued  on  the  13th  of 
April,  1863,  General  Order  No.  38,  announcing 
that  hereafter  <%  all  persons  found  within  out 
lines  who  commit  acts  for  the  benefit  of  the 
enemies  of  our  country  will  be  tried  as  spies 
or  traitors,  and,  if  convicted,  will  suffer  death.' 


t  was  added :  "The  habit  of  declaring  sympa- 

hies   for  the  enemy  will  not  be  allowed  in  this 

department.     Persons  committing  such  offences 

will  be  at  once   arrested,  with  a  view  to  being 

ried,  as  above  stated,  or  sent  beyond  our  lines 

nto  the  lines  of  their  friends.     It  must  be  dis- 

mctly   understood  that  treason,  expressed   fr 

mplied,  will  not  be  tolerated  in  this   depart- 

nent." 

1863,  May  4 — Mr.  VALLANDIGHAM  was  ar 
rested  for  violation  of  this  order — charged  with 
'  publicly  expressing  sympathy  for  those  in  arms 
against  the  Government  of  the  United  States, 
and  declaring  disloyal  sentiments  and  opinions, 
with  the  object  and  purpose  of  weakening  the 
lower  of  the  Government  in  its  efforts  to  sup 
press  an  unlawful  rebellion."  The  specifica 
tion  alluded  to  his  speech  on  or  about  May  1, 
1863,  at  Mount  V--rnon,  0. 

May  16— The  evidence  having  been  heard, 
he  Court — Brigadier  General  R.  B.  Potter  pre 
siding — found  him  guilty  of  the  charge,  and  not 
guilty  as  to  part,  and  guilty  as  to  part,  of  the 
specification. 

He  was  sentenced  to  be  placed  in  close  con 
finement  in  some  fortress  of  the  United  States, 
to  be  designated  by  the  commanding  officer  of 
this  Department,  there  to  be  kept  during  the 
continuance  of  the  war.  General  BURNSIDE 
designated  Fort  Warren,  Boston  harbor. 

May  19— The  PRESIDENT  directed  *  that  Mr. 
Vallaudigham  be  taken,  under  secure  guard,  to 
the  headquarters  of  General  Roseerans,  to  be 
put  by  him  beyond  our  military  lines  ;  and  that, 
in  case  of  his  return  within  our  lines,  he  be 
arrested  and  kept  in  close  custody  for  the  term 
specified  in  his  sentence. 

This  order  was  executed,  but  Mr.  Vallan- 
digham  very  soon  ran  the  blockade  at  Wilming 
ton,  N.  C.,  and  went  to  Canada,  remaining  at 
Windsor. 

On  the  5th  of  May,  1863,  Mr.  Vallandigham 
applied  through  counsel  to  Judge  Leavitt,  of 
the  Circuit  Court  of  the  United  States  at 
Cincinnati,  for  a  writ  of  habeas  corpus,  to  which 
Gen.  Burnside  responded  with  a  letter  detail 
ing  the  case  and  justifying  his  action.  The- 
application  was  argued  at  length,  and  was  re 
fused  by  the  judge,  who  said  that  the  legality 
of  the  arrest  depends  upon  the  extent  of  the 
necessity  for  making  it,  and  that  was  to  be 
determined  by  the  military  commander.  He 
added  : 

Men  should  know  and  lay  the  truth  to  heart,  that  there 
is  a  course  of  conduct  not  involving  overt  treason,  and  not 
therefore  subject  to  punishment  as  such,  which,  neverthe 
less,  implies  moral  guilt,  and  a  gross  offence  against  tho 
country.  Those  who  live  under  the  protection  and  enjoy 
tho  blessings  of  our  benignant  Government,  must  learn  that 
they  cannot  stab  its  vitals  with  impunity.  If  they  dini-h 


*  This  is  a  copy  of  the  order: 

UNITED  STATES  MILITARY  TELEGRAPH, 
[Cipher.]  May  III, 


To 


j  /;>/  telegraph  from  Washington,  9.40  p.  w., 
Maj.  G«-ii. 


lU'RNSIDE, 

('nntinandiny  Department  of  Ohio: 
SIR:  The  President  directs  that,  without  delay,  you  send 
C.  L.  Vallandigham,  under  secure  guard,  to  the  headquar 
ters  of  General  Roseerans,  to  be  put  by  him  beyond  our 
military  lines,  and  in  ca.se  of  his  return  within  our  lines  he 
bo  arrested  and  kept  in  close  custody  for  the  term  specified 
in  his  sentence. 

By  order  of  the  President : 

E.  R.  S.  CAXBY. 
Brigadier  General  and  A.  A.  G. 


ADMINISTRATION    OF   ABRAHAM   LINCOLN. 


163 


hatred  and  hostility  to  it,  and  desire  its  subversion,  let  them 
withdraw  from  its  jurisdiction,  and  seek  the  fellowship  and 
protection  of  those  with  whom  they  are  in  sympathy.  If 
they  remain  with  us,  whilo  they  are  not  of  us,  they  must  bo 
subject  to  such  a  course  of  dealing  us  the  great  law  of  self- 
preservation  prescribes  and  will  enforce.  And  let  them  not 
coftplain  if  the  stringent  doctrine  of  military  necessity 
should  find  them  to  bo  the  legitimate  subjects  of  its  action. 
1  h-ivo  no  fear  that  the  recognition  of  this  doctrine  will  lead 
to  an  arbitrary  invasion  of  the  personal  security  or  personal 
liberty  of  the  citizen.  It  is  rare  indeed  that  a  charge  of  dis 
loyalty  will  bo  made  on  insufficient  grounds.  But  if  there 
should  be  an  occasional  mistake,  such  an  occurrence  is  not 
to  be  put  in  competition  with  the  preservation  of  the  nation; 
and  I  confess  I  um  but  little  moved  by  the  eloquent  appeals 
of  those  who,  whilo  they  indignantly  denounce  violation  of 
personal  liberty,  look  with  no  horror  upon  a  despotism  as 
unmitigated  as  the  world  has  ever  witnessed. 

CORRESPONDENCE     BETWEEN     NEW    YORK    DEMO 
CRATS    AND    PRESIDENT    LINCOLN. 

Letter  of  the  Committee  and  Resolutions. 

ALBANY,  May  19,  1863. 
To  his  Excellency  the  PRESIDENT  op  THE  UNITED  STATES  : 

The  undersigned,  officers  of  a  public  meeting 
held  at  the  city  of  Albany  on  the  16th  day  of 
May  instant,  herewith  transmit  to  your  Excel 
lency  a  copy  of  the  resolutions  adopted  at  the 
said  meeting,  and  respectfully  request  your 
earnest  consideration  of  them.  They  deem  it 
proper  on  their  personal  responsibility  to  state 
that  the  meeting  was  one  of  the  most  respecta 
ble  as  to  numbers  and  character,  and  one  of  the 
most  earnest  in  the  support  of  the  Union,  ever 
held  in  this  city. 

Yours,  with  great  regard, 

ERASTUS  CORNING,  President. 

ELI  PERRY,   Vice  President. 

PETER  GANSEVOORT,  Vice  President. 

PETER  MONTEITIL  Vice  President. 

SAMUEL  W.  GIBBS,   Vice  President. 

JOHN  NIBLACK,  Vice  President. 

H.  W.  McCLELLAN,   Vice  President. 

LEMUEL  W.  RODGERS,  Vice  President. 

WILTJAM  SEYMOUR,   Vice  President. 

JEREMIAH  OSBORN,  Vice  President. 

WM.  S.  PADOCK,   Vice  President. 

J.  B.  SANDERS,   Vice  President. 

EDWARD  MULCAHY,  Vice  President. 

D.  V.  N.  RADCLLFFE,  Vice  President. 

WILLIAM  A.  RICE,  Secretary. 

EDWARD  NEWCOMB,  Secretary. 

R.  W.  PECKIIAM,  JR.,  Secretary. 

M.  A.  NOLAN,  Secretary. 

JOHN  R.  NESSEL,  Secretary. 

C.  W.  WEEKS,  Secretary. 

Resolutions  adopted  at  the  Meeting  held  in  Albany,  W.  Y. 
an  the  IQth  day  of  May,  1863. 

Resolved,  That  the  Democrats  of  New  York  point  to  their 
nniform  course  of  action  during  the  two  years  of  civil  war 
through  which  we  have  pas.sed,  to  the  alacrity  which  they 
have  evinced  in  filling  the  ranks  of  the  army,  to  their  con 
tributions  and  sacrifices;  as  the  evidence  of  their  patriot 
ism  and  devotion  to  the  cause  of  our  imperilled  country 
Never  in  the  history  ot  civil  wars  has  a  government  been 
sustained  with  such  ample  resources  of  means  and  men  as 
the  peoplo  have  voluntarily  placed  in  the  hands  of  this 
Administration. 

Resolved,  That,  as  Democrats,  we  are  determined  to 
maintain  this  patriotic  attitude,  and  despite  of  adverse  and 
disheartening  circumstances,  to  devote  nil  our  energies  to 
sustain  the  cause  of  the  Union  ;  to  secure  peace  through 
victory,  and  to  bring  bade  the  restoration  of  all  the  States 
under  the  safeguard  of  the  Constitution. 

Resolved,  That  while  wo  will  not  consent  to  be  misappre 
hend,  d  upon  these  points,  we  are  determined  not  to  be 
misunderstood  in  regard  to  others  not  less  essential.  We 
demand  that  the  Administration  shall  be  true  to  the  Con 
stitution  ;  t-hall  recognize  and  maintain  the  rights  of  the 
fet-ites  and  the  liberties  of  the  citizen;  shall  everywhere 
outside  of  the  lines  of  necessary  mil.tary  occupation  and 
the  scenes  of  insurrec;ion,  exert  ;ill  its  powers  to  maintain 
the  supremacy  of  the  civil  over  military  law 

Revived,  That,  in  view  of  these  principles,  wo  denounce 
the  recent  assumption  of  a  military  commander  to  seize 
and  try  a  citizen  of  Ohio,  Clement  L.  Vallandigham  for  no  ; 


other  reason  than  words  addressed  to  a  public  meeting,  in 
criticism  of  the  course  of  the  Administration  and  in  con 
demnation  of  the  military  orders  of  that  general. 

Resolved,  That  this  assumption  of  power  by  a  military 
tribunal,  if  successfully  asserted,  not  only  abrogates  the 
right  of  the  people  to  assemble  and  discuss  the  affairs  of 
government,  the  liberty  of  speech  and  of  the  press,  the 
right  of  trial  by  jury,  the  law  of  evidence,  and  the  privilege 
of  habeas  corpus,  but  it  strikes  a  fatal  blow  at  tho  supre 
macy  of  law  and  the  authority  of  the  State  and  Federal 
Constitutions. 

Resolved,  That  the  Constitution  of  the  United  States— 
the  supreme  law  of  the  land — has  denned  the  crime  of 
treason  against  the  United  States  to  consist  "  only  in  levy 
ing  war  against  them,  or  adhering  to  their  enemies,  giving 
them  aid  and  comfort,"  and  has  provided  that  "  no  persou 
shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  tho  same  overt  act,  or  on  confession  in 
open  court."  And  it  further  provides  that  "  no  person  shall 
be  held  to  answer  for  a  capital  or  otherwise  infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  grand  jury,  ex 
cept  in  cases  arising  in  the  laud  and  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public 
danger;"  and  further,  that  "  in  all  criminal  prosecutions, 
the  accused  shall  enjoy  the  right  of  a  speedy  and  public 
trial  by  an  impartial  jury  of  tho  State  and  district  wherein 
the  crime  was  committed." 

Resolved,  That  these  safeguards  of  the  rights  of  the  citi 
zen  against  the  pretensions  of  arbitrary  power  were  in 
tended  more  especially  for  his  protection  in  times  of  civil 
commotion.  They  were  secured  substantially  to  the  Eng 
lish  people,  after  years  of  protracted  civil  war,  and  were 
adopted  into  our  Constitution  at  the  close  of  the  revolu 
tion.  They  have  stood  the  test  of  seventy-six  years  of  trial, 
under  our  republican  system,  under  circumstances  which 
show  that,  while  they  constitute  the  foundation  of  all  free 
government,  they  are  the  elements  of  the  enduring  stabil 
ity  of  the  republic. 

Resolved,  That  in  adopting  the  language  of  Daniel  Webs 
ter,  we  declare,  "  it  is  the  ancient  and  undoubted  preroga 
tive  of  this  people  to  canvass  public  measures  and  the 
merits  of  public  men."  It  is  a  "  homebred  right,"  a  fireside 
privilege.  It  had  been  enjoyed  in  every  house,  cottage, 
and  cabin  in  the  nation.  It  is  as  undoubted  as  the  right  of 
breathing  the  air  or  walking  on  the  earth.  Belonging  to 
private  life  as  a  right,  it  belongs  to  public  life  as  a  duty, 
and  it  is  the  last  duty  which  those  whose  representatives 
we  are  shall  find  us  to  abandon.  Aiming  at  all  times  to  be 
courteous  and  temperate  in  its  use,  except  when  the  right 
itself  is  questioned,  we  shall  place  ourselves  on  the  extreme 
boundary  of  our  own  right  and  bid  defiance  to  any  arm 
that  would  move  us  from  our  ground.  "  This  high  consti 
tutional  privilege  we  shall  defend  and  exercise  in  all  places 
— in  time  of  peace,  in  time  of  war,  and  at  all  times.  Living, 
we  shall  assert  it ;  and  should  we  leave  no  other  inheritance 
to  our  children,  by  the  blessing  of  God  we  will  leave  them 
the  inheritance  of  free  principles,  and  the  example  of  a 
manly,  independent,  and  constitutional  defence  of  them." 

Resolved,  That  in  the  election  of  Governor  Seymour,  the 
people  of  this  State,  by  an  emphatic  majority,  declared  their 
condemnation  of  the  system  of  arbitrary  arrests  and  their 
determination  to  stand  by  the  Constitution.  That  the  re 
vival  of  this  lawless  system  can  have  but  one  result :  to  di 
vide  and  distract  the  North,  tmd  destroy  its  confidence  in 
the  purposes  of  the  Administration.  That  we  deprecate  it 
as  an  element  of  confusion  at  home,  of  weakness  to  our 
armies  in  the  field,  and  as  calculated  to  lower  the  estimate 
of  American  character  and  magnify  the  apparent  peril  of 
our  cause  abroad.  And  that,  regarding  the  blow  struck  at 
a  citizen  of  Ohio  as  aimed  at  tho  rights  of  every  citizen  of 
the  North,  we  denounce  it  as  against  the  spirit  of  our  lawa 
and  Constitution,  and  most  earnestly  call  upon  the  Presi 
dent  of  the  United  States  to  reverse  the  action  of  the  mili 
tary  tribunal  which  has  passed  a  "  cruel  and  unusual  pun 
ishment"  upon  the  party  arrested,  prohibited  in  terms  by 
the  Constitution,  and  to  restore  him  to  the  liberty  of  which 
ho  has  beeen  deprived. 

Resolved,  That  the  president,  vice-presidents,  and  secre 
tary  of  this  meeting  be  requested  to  transmit  a  copy  of  these 
resolutions  to  his  excellency  the  President  of  the  United 
States,  with  the  assurance  of  this  meeting  of  their  hearty 
and  earnest  desire  to  support  tho  Government  in  every  con 
stitutional  and  lawful  measure  to  suppress  the  existing 
rebellion. 

PRESIDENT  LINCOLN'S  REPLY. 

EXECUTIVE  MANSION, 
WASHINGTON,  June  12,  1863. 
Hon.  ERASTUS  CORNING,  and  others  : 

GENTLEMEN  :  Your  letter  of  May  19,  inclos 
ing  the  resolutions  of  a  public  meeting  held  at 


164 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


Albany,    New  York,  on  the    16th   of  the   same 
month,  was  received  severul  days  ago. 

The  resolutions  as  I  understand  them  are  re 
solvable  into  two  propositions — first,  the  ex 
pression  of  a  purpose  to  sustain  the  cause  of 
the  Union,  to  secure  peace  through  victory, 
and  to  support  the  Administration  in  every  con 
stitutional  and  lawful  measure  to  suppress  the 
rebellion  ;  and  secondly,  a  declaration  of  cen 
sure  upon  the  Administration  for  supposed  un 
constitutional  action,  such  as  the  making  of 
military  arrests.  And,  from  the  two  proposi 
tions,  a  third  is  deduced,  which  is,  that  the 
gentlemen  composing  the  meeting  are  resolved 
on  doing  their  part  to  maintain  our  common 
Government  and  country,  despite  the  folly  or 
wickedness,  as  they  may  conceive,  of  any  Ad 
ministration.  This  position  is  eminently  pa 
triotic,  and  as  such,  I  thank  the  meeting,  and 
congratulate  the  nation  for  it.  My  own  pur 
pose  is  the  same;  so  that  the  meeting  and 
myself  have  a  common  object,  and  can  have  no 
difference,  except  in  the  choice  of  means  or 
measures  for  effecting  that  object. 

And  here  t  ought  to  close  this  paper,  and 
would  close  it,  if  there  were  no  apprehension 
that  more  injurious  consequences  -than  any 
merely  personal  to  myself  might  follow  the  cen 
sures  systematically  cast  upon  me  for  doing 
what,  in  my  view  of  duty,  I  could  not  forbear. 
The  resolutions  promise  to  support  me  in  every 
constitutional  and  lawful  measure  to  suppress 
the  rebellion  ;  and  I  have  not  knowingly  em 
ployed,  nor  shall  knowingly  employ,  any  other. 
But  the  meeting,  by  their  resolutions,  assert 
and  argue  that  certain  military  arrests,  and 
proceedings  following  them,  for  which  I  am 
ultimately  responsible,  are  unconstitutional. 
I  think  they  are  not.  The  resolutions  quote 
from  the  Constitution  the  definition  of  trea 
son,  and  also  the  limiting  safeguards  and 
guarantees  therein  provided  for  the  citizen 
on  trials  of  treason,  and  on  his  being  held 
to  answer  for  capital  or  otherwise  infa 
mous  crimes,  and,  in  criminal  prosecutions, 
his  right  to  a  speedy  and  public  trial  by  an 
impartial  jury.  They  proceed  to  resolve  *'  that 
these  safeguards  of  the  rights  of  the  citizen 
against  the  pretensions  of  arbitrary  power 
were  intended  more  especially  for  his  protection 
in  times  of  civil  commotion."  And,  apparently 
to  demonstrate  the  proposition,  the  resolutions 
proceed  :  ''  They  were  secured  substantially 
to  the  English  people  after  years  of  protracted 
civil  war,  and  were  adopted  into  our  Constitu 
tion  at  the  close  of  the  revolution."  Would  not  j 
the  demonstration  have  been  better,  if  it  could 
have  been  truly  said  that  these  safeguards  had 
been  adopted  and  applied  during  the  civil  wars 
and  during  our  resolution,  instead  of  after  the 
one  and  at  the  close  of  the  other  ?  I,  too,  am  de 
votedly  for  them  after  civil  war,  and  before  civil 
war,  and  at  ali  times,  "  except  when,  in  cases 
of  rebellion  or  invasion,  the  public  safety  may 
require''  their  suspension.  The  resolutions 
proceed  to  tell  us  that  these  snfeguards  "  have 
stood  the  test  of  seventy-six  years  of  trial, 
under  our  republican  system,  under  circum 
stances  which  show  that  while  they  constitute 
t,be  foundation  of  all  free  government,  they  are 


the  elements  of  the  enduring  stability  of  the 
republic."  No  one  denies  that  they  have  so 
stood  the  test  up  to  the  beginning  of  the  pres 
ent  rebellion,  if  we  except  a  certain  occurrence 
at  New  Orleans  ;  nor  does  any  one  quesfion 
that  they  will  stand  the  same  test  much  longer 
after  the  rebellion  closes.  But  these  provisions 
of  the  Constitution  have  no  application  to  the 
case  we  have  in  hand,  because  the  arrests  com 
plained  of  were  not  made  for  treason — that  is, 
not  for  the  treason  defined  in  the  Constitution, 
and  upon  the  conviction  of  which  the  punish 
ment  is  death — nor  yet  were  they  made  to  hold 
persons  to  answer  for  any  capital  or  otherwise 
infamous  crimes;  nor  were  the  proceedings 
following,  in  any  constitutional  or  legal  sense, 
"  criminal  prosecutions."  The  arrests  were 
made  on  totally  different  grounds,  and  the  pro 
ceedings  following  accorded  with  the  grounds 
of  the  arrests.  Let  us  consider  the  real  case 
with  which  we  are  dealing,  and  apply  to  it  the 
parts  of  the  Constitution  plainly  made  for  such 
cases. 

Prior  to  my  installation  here  it  had  been  in 
culcated  that  any  State  had  a  lawful  right  to 
secede  from  the  national  Union,  and  that  it 
would  be  expedient  to  exercise  the  right  when 
ever  the  devotees  of  the  doctrine  should  fail  to- 
elect  a  President  to  their  own  liking.  I  was 
elected  contrary  to  their  liking;  and,  accord 
ingly,  so  far  as  it  was  legally  possible,  they  had 
taken  seven  States  out  of  the  Union,  had  seized 
many  of  the  United  States  forts,  and  had  fired 
upon  the  United  States  flag,  all  before  I  was 
inaugurated,  and,  of  course,  before  I  had  done 
any  official  act  whatever.  The  rebellion  thus 
began  soon  ran  into  the  present  civil  war  ;  ancr 
in  certain  respects,  it  began  on  very  unequal 
terms  between  the  parties.  The  insurgents  had 
been  preparing  for  it  more  than  thirty  years, 
while  the  Government  had  taken  no  steps  to  re 
sist  them.  The  former  had  carefully  considered 
all  the  means  which  could  be  turned  to  their 
account.  It  undoubtedly  was  a  well-pondered 
reliance  with  them  that  in  their  own  unre 
stricted  efforts  to  destroy  Union,  Constitution, 
and  law,  all  together,  the  Government  would,  in 
great  degree,  be  restrained  by  the  same  Consti 
tution  and  law  from  arresting  their  progress. 
Their  sympathizers  pervaded  all  departments  of 
the  Government  and  nearly  all  communities  of 
the  people.  From  this  material,  under  cover 
of  "liberty  of  speech,"  "liberty  of  the  press," 
and  "  habeas  corpus,"  they  hoped  to  keep  on 
foot  amongst  us  a  most  efficient  corps  of  spies, 
informers,  suppliers,  and  aiders  and  abettors  of 
their  cause  in  a  thousand  ways  They  knew 
that  in  times  such  as  they  were  inaugurating, 
by  the  Constitution  itself,  the  «'  habeas  corpus" 
might,  be  suspended  ;  but  they  also  knew  they 
had  friends  who  would  make  a  question  as  to 
who  was  to  suspend  it ;  meanwhile  their  spies 
and  others  might  remain  at  large  to  help  on 
their  cause.  Or  if,  as  has  happened,  the  Execu 
tive  should  suspend  the  writ,  without  ruinous 
waste  of  time,  instances  of  arresting  innocent 
persons  might  occur,  as  are  always  likely  fro  oc 
cur  in  such  cases ;  and  then  a  clamor  could  be 
raised  in  regard  to  this,  which  might  be,  at 
least,  of  some  service  to  the  insurgent  cause.  It 


ADMINISTRATION    OP    ABRAHAM   LINCOLN. 


165 


needed  no  very  keen  perception  to  discover  this  j 
part  of  the  enemy's  programme,  so  soon  as  by  j 
open  hostilities  their  machinery  was  fairly  put  j 
in    motion.       Yet,    thoroughly   imbued  with  a  i 
reverence  for  the  guaranteed  rights  of  individ-  ' 
uals.  I  was  slow  to  adopt,  the   strong  measures  ! 
which  by  degrees  I  have  been  forced  to  regard  j 
as  being  within  the  exceptions  of  the  Constitu 
tion,  and  as  indispensable  to  the  public  safety. 
Nothing  is   better  known  to  history  fhaa   that 
•courts  of  justice  are  utterly  incompetent  to  such 
cases.     Civil  courts  are  organized  chiefly  for  ! 
trials  of  individuals,  or,  at  most,  a  few  individu-  j 
als  acting  in  concert ;  and  this  in  quiet  times,  j 
and  on  charges  of  crimes  well  denned  in  the  law.  j 
Even  in  times  of  peace  bands  of  horse-thieves  and  I 
robbers  frequently  grow  too  numerous  and  pow-  ! 
erful  for  ordinary  courts  of  justice      But  what  j 
comparison,  in  numbers,  have  such  bands  ever 
borne   to   the  insurgent  sympathizers  even  in 
many  of  the  loyal  States?     Again,  a  jury  too  j 
frequently  has  at  least  one  member  more  ready  j 
to  hang  the  panel  than  to  hang  the  traitor.   And  \ 
yet,  again,  he   who   dissuades  one    man   from  j 
volunteering,  or  induces  one  soldier  to  desert,  ; 
weakens  the  Union  cause  as  much  as  he  who 
kills  a  Union  soldier  in  battle.     Vet  this  dis-  j 
suasion  or  inducement  may  be  so  conducted  as  i 
to  be  no  defined  crime  of  which  any  civil  court  i 
would  take  cognizance. 

Ours  is  a  case  of  rebellion — so  called  by  the 
resolutions  before  me — in  fact,  a  clear,  flagrant,  \ 
and  gigantic  case  of  rebellion  ;  and  the  provi-  i 
sion  of  the  Constitution  that  ''the  privilege  of  I 
the  writ  of  habeas  corpus  shall  not  be  suspended,  ' 
unless    when    in   cases   of  rebellion    or   inva-  j 
ston,  the  public  safety  may  require  it,"  is  the 
provision  which  specially  applies  to  our  pres-  j 
ent  case.     This    provision  plainly   attests  the 
understanding  of  those  who   made  the  Consti 
tution,  that  ordinary  courts  of  justice  are  in 
adequate  to  "  cases  of  rebellion" — attests  their 
purpose  that,  in  such  cases,  men  may  be  held  in 
custody  whom   the  courts,  acting    on  ordinary 
rules,  would    discharge.     Habeas    corpus   does 
not  discharge  men  who  are  proved  to  be  guilty  j 
of  defined  crinie  :  and  its  suspension  is  allowed 
by  the  Constitution  on  purpose  that   men  may 
be  arrested  and  held  who  cannot   be  proved  to 
be  guilty  of  defined  crime,  "  when,  in  cases  of 
rebellion  or  invasion,  the  public  safety  may 
require  it.'' 

This  is  precisely  our  present  case — a  case  of 
rebellion,  wherein  the  public  safety  does  re 
quire  the  suspension  Indeed,  arrests  by  pro 
cess  of  courts,  and  arre?ts  in  cases  of  rebellion 
do  not  proceed  altogether  upon  the  same  basis. 
The  former  is  directed  at  the  small  percentage 
of  ordinary  and  continuous  perpetration  of 
crime,  while  the  latter  is  directed  at  sudden  and 
extensive  uprising?  against  the  Government, 
which,  at  most,  will  succeed  or  fail  in  no  great 
length  of  time.  In  the  latter  case,  arrests  are 
made,  not  so  much  for  what  has  been  done,  as 
for  what  probably  would  be  done.  The  latter 
is  more  for  the  preventive  and  less  for  the  vin 
dictive  than  the  former.  In  such  cases  the 
purposes  of  men  are  much  more  easily  under 
stood  than  in  cases  of  ordinary  crinie.  Tne 
man  who  stands  by  aad  says  nothing  when  the 


peril  of  his  Government  is  discussed,  cannot  be 
misunderstood.  If  not  hindered,  he  is  sure  to 
help  the  enemy  ;  much  more,  if  he  talks  am 
biguously — talks  for  his  country  with  "  buts" 
and  "  ifs"  and  "  ands."  Of  how  little  value  the 
constitutional  provisions  I  have  quoted  will  be 
rendered,  if  arrests  shall  never  be  made  un 
til  defined  crimes  shall  have  been  committed, 
may  be  illustrated  by  a  few  notable  examples. 
General  John  C.  Breckinridge,  General  Robert 
E.  Lee,  General  „  oseph  E.  Johnston,  General 
John  B.  Magruder,  General  William  B.  Pres 
ton,  General  Simon  B.  Buckner,  and  Commo 
dore  Franklin  Buchanan,  now  occupying  the 
very  highest  places  in  the  rebel  war  service, 
were  all  within  the  power  of  the  Government 
since  the  rebellion  began,  and  were  nearly  as 
well  known  to  be  traitors  then  as  now.  Un 
questionably  if  we  had  seized  and  held  them, 
the  insurgent  cause  would  be  much  weaker. 
But  no  one  of  them  had  then  committed  any 
crime  defined  in  the  law.  Every  one  of  them, 
if  arrested,  would  have  been  discharged  on 
habeas  corpus  were  the  writ  allowed  to  oper 
ate.  In  view  of  these  and  similar  cases,  I 
think  the  time  not  unlikely  to  come  when  I 
shall  be  blamed  for  having  made  too  few  arrests 
rather  than  too  many. 

By  the  third  resolution  the  meeting  indicate 
their  opinion  that  military  arrests  may  be  con 
stitutional  in  localities  where  rebellion  actually 
exists,  but  that  such  arrests  are  unconstitu 
tional  in  localities  where  rebellion  or  insurrec 
tion  does  not  actually  exist.  They  insist  that 
such  arresta  shall  not  be  made  "outside  of  the 
lines  of  necessary  military  occupation,  and  the 
scenes  of  insurrection."  Inasmuch,  however, 
as  the  Constitution  itself  makes  no  such  distinc 
tion,  I  am  unable  to  believe  that  there  is  any 
such  constitutional  distinction.  I  concede  that 
the  class  of  arrests  complained  of  can  be  con 
stitutional  only  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  them; 
and  I  insist  that  in  such  cases  they  are  consti 
tutional  wherever  the  public  safety  does  require 
them  ;  as  well  in  places  to  which  they  may  pre 
vent  the  rebellion  extending  as  in  those  where 
it  may  be  already  prevailing ;  as  well  where 
they  may  restrain  mischievious  interference 
with  the  raising  and  supplying  of  armies  to 
suppress  the  rebellion,  as  where  the  rebellion 
may  actually  be;  as  well  where  they  may  re 
strain  the  enticing  men  out  of  the  army,  as 
where  they  would  prevent  mutiny  in  the  army  ; 
equally  constitutional  at  all  places  where  they 
will  conduce  to  the  public  safety,  as  against 
the  dangers  of  rebellion  or  invasion.  Take  the 
peculiar  case  mentioned  by  the  meeting  It  is 
asserted,  in  substance,  that  Mr.  Vallandigham 
was,  by  #  military  commander,  seized  and  tried 
"for  no  other  reason  than  words  addressed  to 
a  public  meeting,  in  criticism  of  the  course  of 
the  Administration,  and  in  condemnation  of 
the  military  orders  of  the  general."  Now,  if 
there  be  no  mistake  about  this;  if  this  asser 
tion  is  the  truth  and  the  whole  truth  ;  if  there 
was  no  other  reason  tor  the  arrest,  then  I  con 
cede  that  the  arrest  was  wrong.  But  the  arrest, 
as  I  understand,  was  made  for  a  very  different 
reason.  Mr.  Vallandigham  avows  his  hostility 


166 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


to  tho  war  on  the  part  of  the  Union  ;  and  his 
arrest  was  made  because  he  was  laboring,  with 
some  effect,  to  prevent  the  raising  of  troops; 
to  encourage  desertions  from  the  army ;  and  to 
leave  the  rebellion  without  an  adequate  military 
force  to  suppress  it.  He  was  not  arrested  be 
cause  he  was  damaging  the  political  prospects 
of  the  Administration,  or  the  personal  interests 
of  the  commanding  general,  but,  because  he  was 
damaging  the  army,  upon  the  existence  and 
vigor  of  which  the  life  of  the  nation  depends. 
He  was  warring  upon  the  military,  and  this 
gave  the  military  constitutional  jurisdiction  to 
lay  hands  upon  him.  If  Mr.  Vallaudigham 
was  not  damaging  the  military  power  of  the 
country,  then  his  arrest  was  made  on  mistake 
of  fact,  which  I  would  be  glad  to  correct  on 
reasonably  satisfactory  evidence. 

I  understand  the  meeting,  whose  resolutions 
J  am  considering,  to  be  in  favor  of  suppressing 
the  rebellion  by  military  force — by  armies. 
Long  experience  has  shown  that  armies  cannot 
be  maintained  unless  desertion  shall  be  pun- 
ished  by  the  severe  penalty  of  death.  The  case 
requires,  and  the  law  and  the  Constitution 
sanction,  this  punishment.  Must  I  shoot  a 
simple-minded  soldier  boy  who  deserts,  while 
J  must  not  touch  a  hair  of  a  wily  agitator  who 
induces  him  to  desert?  This  is  none  the  less 
injurious  when  effected  by  getting  a  father,  or 
brother,  or  friend,  into  a  public  meeting,  and 
there  working  upon  his  feelings  till  he  is  per 
suaded  to  write  the  soldier  boy  that  he  is  fight 
ing  in  a  bad  cause,  for  a  wicked  Administration 
of  a  contemptible  Government,  too  weak  to  ar 
rest  and  punish  him  if  he  shall  desert.  I  think 
that,  in  such  a  case,  to  silence  the  agitator  and 
save  the  boy  is  not  only  constitutional,  but 
withal  a  great  mercy. 

If  I  be  wrong  on  this  question  of  constitu 
tional  power,  my  error  lies  in  believing  that 
certain  proceedings  are  constitutional  when,  in 
cases  of  rebellion  or  invasion,  the  public  safety 
requires  them,  which  would  not  be  constitu 
tional  when,  in  absence  of  rebellion  or  invasion, 
the  public  safety  does  not  require  them  :  in 
otlrer  words,  that  the  Constitution  is  not,  in  its 
application,  in  all  respects  the  same,  in  cases 
of  rebellion  or  invasion  involving  the  public 
safety,  as  it  is  in  times  of  profound  peace  and 
public  security.  The  Constitution  itself  makes 
the  distinction;  and  I  can  no  more  be  per 
suaded  that  the  Government  can  constitution 
ally  take  no  strong  measures  in  time  of  rebel 
lion,  because  it  can  be  shown  that  the  same 
could  not  be  lawfully  taken  in  time  of  peace, 
than  I  can  be  persuaded  that  a  particular  drug 
is  not  good  medicine  for  a  sick  man  because  it 
can  be  shown  to  not  be  good  food  for  a  well  one. 
Nor  am  I  able  to  appreciate  the  danger  appre 
hended  by  the  meeting,  that  the  American  peo 
ple  will,  by  means  of  military  arrests  during 
the  rebellion,  lose  tjje  right  of  public  discus- 
Bion,  the  liberty  of  speech  and  the  press,  the 
law  of  evidence,  trial  by  jury,  and  habeas  corpus, 
throughout  the  indefinite  peaceful  future,  which 
1  trust  lies  before  them,  any  more  than  I  am 
able  to  believe  that  a  man  could  contract  so 
strong  an  appetite  for  emetics  during  tem 
porary  illness  as  to  persist  in  feeding  upon 


them   during   the   remainder   of  his  healthful 
life. 

In  giving  the  resolutions  that  earnest  consid 
eration  which  you  request  of  me,  I  cannot  over 
look  the  fact  that  the  meeting  speak  as  ''Demo 
crats."  Nor  can  I,  with  full  respect  for  their 
known  intelligence,  and  the  fairly  presumed 
deliberation  with  which  they  prepared  their 
resolutions,  be  permitted  to  suppose  that  this 
occurred  by  accident,  or  in  any  way  other  than 
that  they  preferred  to  designate  themselves 
"  Democrats"  rather  than  "  American  citizens." 
In  this  time  of  national  peril  I  would  have  pre 
ferred  to  meet  you  on  a  level  one  step  higher 
than  any  party  platform;  because  I  am  sure 
that,  from  such  more  elevated  po  ition,  we 
could  do  better  battle  for  the  country  we  all 
love  than  we  possibly  can  from  those  lower 
ones  where,  from  the  force  of  habit,  the  preju 
dices  of  the  past,  and  selfish  hopes  of  the  future, 
we  are  sure  to  expend  much  of  our  ingenuity 
and  strength  in  finding  fault  with,  and  aming 
blows  at,  each  other.  But,  since  you  have  de 
nied  me  this,  I  will  yet  be  thankful,  for  the 
country's  sake,  that  not  all  Democrats  have 
done  so.  He  on  whose  discretionary  judgment 
Mr.  Vallandigham  was  arrested  and  tried  is  a 
Democrat,  having  no  old  party  affinity  with  me; 
and  the  judge  who  rejected  the  constitutional 
view  expressed  in  these  resolutions,  by  refusing 
to  discharge  Mr.  Vallandigham  on  habeas  corpus, 
is  a  Democrat  of  better  days  than  these,  having 
received  his  judicial  mantle  at  the  hands  of 
President  Jackson.  And  still  more,  of  all  those 
Democrats  who  are  nobly  exposing  their  lives 
and  shedding  their  blood  on  the  battle-n'eld,  I 
have  learned  that  many  approve  the  course 
taken  with  Mr.  Vallandigham,  while  I  have  not 
heard  of  a  single  one  condemning  it.  I  cannot 
assert  that  there  are  none  such.  And  the  name 
of  President  Jackson  recalls  an  instance  of  per 
tinent  history.  After  the  battle  of  New  Orleans, 
and  while  the  fact  that  the  treaty  of  peace  had 
been  concluded  was  well  known  in  the  city,  but 
before  official  knowledge  of  it  had  arrived,  Gen 
eral  Jackson  still  maintained  martial  or  military 
law.  Now,  that  it  could  be  said  the  war  was 
over,  the  clamor  against  martial  law,  which  had 
existed  from  the  first,  grew  more  furious. 
Among  other  things  a  Mr.  Louaillier  published 
a  denunciatory  newspaper  article.  ,  General 
Jackson  arrested  him.  A  lawyer  by  the  name 
of  Morel  procured  the  U.  S.  Judge  Hall  to  order 
writ  of  habeas  corpus  to  relieve  Mr.  Louaillier. 
General  Jackson  arrested  both  the  lawyer  and 
the  judge.  A  Mr.  Hollander  ventured  to  say  of 
some  part  of  the  matter  that  "  it  was  a  dirty 
trick."  General  Jackson  arrested  him.  When 
the  officer  undertook  to  serve  the  writ  of  habeas 
corpus,  General  Jackson  took  it  from  him,  and 
sent  him  away  with  a  copy.  Holding  the  judge 
in  custody  a  few  days,  the  general  sent  him 
beyend  the  limits  of  his  encampment,  and  set 
him  at  liberty,  with  an  order  to  remain  till  the 
ratification  of  peace  should  be  regularly  an 
nounced,  or  until  the  British  should  have  left 
the  southern  coast.  A  day  or  two  more  elapsed, 
the  ratification  of  the  treaty  of  pence  was  regu 
larly  announced,  and  the  judge  and  others  were 
fully  liberated.  A  few  days  more  and  the  judge 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


167 


called  GeneralJackson  into  court  and  fined  him 
$1  000  for  having  arrested  him  and  the  others 
named  The  General  paid  the  fine,  and  there 
the  matter  rested  for  nearly  thirty  years,  when 
Congress  refunded  principal  and  interest.  The 
lute  Senator  Douglas,  then  in  the  House  of 
Representatives,  took  a  leading  part  in  the  de 
bates,  in  which  the  constitutional  question  was 
much  discussed.  I  am  not  prepared  to  say 
whom  the  journals  would  show  to  have  voted 
for  the  measure. 

It  may  b  •  remarked  :  First,  that  we  had  the 
same  Constitution  then  as  now  ;  secondly,  that 
we  then  had  a  case  of  invasion,  and  now  we 
have  a  case  of  rebellion  ;  and,  thirdly,  that  the 
permanent  right  of  the  people  to  public  dis 
cussion,  the  liberty  of  speech  and  of  the  press, 
the  trial  by  jury,  the  law  of  evidence,  and  the 
habeas  corpus,  suffered  no  detriment  whatever 
by  that  conduct  of  Gen.  Jackson,  or  its  subse 
quent  approval  by  the  American  Congress. 

And  yet,  let  me  say,  that  in  my  own  discre 
tion,  I  do  not  know  whether  I  would  have 
ordered  the  arrest  of  Mr.  Vallandigham.  While 
I  cannot  shift  the  responsibility  from  myself,  I 
hold  that,  as  a  general  rule,  the  commander  in 
the  field  is  the  better  judge  of  the  necessity  in 
any  particular  case.  Of  course,  I  must  prac 
tice  a  general  directory  and  revisory  power  in 
the  matter. 

One  of  the  resolutions  expresses  the  opinion 
of  the  meeting  that,  arbitrary  arrests  will  have 
the  effect  to  divide  and  distract  those  who 
should  be  united  in  suppressing  the  rebellion, 
and  I  am  specifically  called  on  to  discharge  Mr. 
Vallandigham.  I  regard  this  as,  at  least,  a  fail- 
appeal  to  me  on  the  expediency  of  exercising  a 
constitutional  power  which  I  think  exists.  In 
response  to  such  appeal  I  have  to  say,  it  gave 
me  pain  when  I  learned  that  Mr.  Vallandigham 
had  been  arrested — that  is,  I  was  pained  that 
there  should  have  seemed  to  be  a  necessity  for 
arresting  him — and  that  it  will  afford  me  great 
pleasure  to  discharge  him  so  soon  as  I  can,  by 
any  means,  believe  the  public  safety  will  not 
suffer  by  it. 

I  further  say,  that  as  the  war  progresses,  it 
appears  to  me,  opinion  and  action,  which  were 
in  great  confusion  at  first,  take  shape  and  fall 
into  more  regular  channels,  so  that  the  necessity 
for  strong  dealing  with  them  gradually  de 
creases.  I  have  every  reason  to  desire  that  it 
should  cease  altogether,  and  far  from  the  least 
is  my  regard  for  the  opinions  and  wishes  of 
those  who  like  the  meeting  at  Albany,  declare 
their  purpose  to  sustain  the  Government  in 
every  constitutional  and  lawful  measure  to  sup 
press  the  rebellion.  Still,  I  must  continue  to 
do  so  much  as  may  seem  to  be  required  by  the 
public  safety.  A.  LINCOLN. 

CORRESPONDENCE  BETWKEN   OHIO  DEMOCRATS  AND 
PRESIDENT  LINCOLN. 

The  Letter  to  the  President. 

WASHINGTON,  June  26,  1863. 
To  his  Excellency  the  PRESIDENT  OF  THE  UNITED  STATES  : 

The  undersigned,  having  been  appointed  a 
committee,  under  the  authority  of  the  resolu 
tions  of  the  State  Convention  held  at  the  city 
of  Columbus,  Ohio,  on  the  llth  instant,  to 


communicate  with  you  on  the  subject  of  the 
arrest  and  banishment  of  Clement  L.  Vallandig 
ham,  most  respectfully  submit  the  following  as 
the  resolutions  of  that  Convention  bearing  upon 
the  subject  of  this  communication,  and  ask  of 
your  Excellency  their  earnest  consideration. 
And  they  deem  it  proper  to  state  that  the  Con 
vention  was  one  in  which  all  parts  of  the  State 
were  represented,  one  of  the  most  respectable 
as  to  numbers  and  character,  and  one  the  most 
earnest  and  sincere  in  support  of  the  Constitu 
tion  and  the  Union,  ever  held  in  that  State  : 

Resnlved,  That  the  will  of  the  people  is  the  foundation  of 
all  free  government ;  that,  to  give  effect  to  this  free  will, 
free  thought,  free  speech,  and  a  free  press  are  absolutely 
indispensable.  Without  free  discussion  there  is  no  cer 
tainty  of  sound  judgment:  without  sound  judgment  there 
can  be  no  wise  government. 

2.  That  it  is  an  inherent  and  constitutional  right  of  the 
people  to  discuss  all  measures  of  their  Government,  and  to 
approve  or  disapprove,  as  to  their  best  judgment  seems 
right.   That  they  have  a  like  right  to  propose  and  advocate 
that  policy  which  in  their  judgment  is  best,  and  to  argue 
and  vote  against  whatever  policy  seems  to  them  to  violate 
the  Constitution,  to  impair  their  liberties,  or  to  be  detri 
mental  to  their  welfare. 

3.  That  these  and  all  other  rights  guarantied  to  them  by 
their  Constitutions  are  their  rights  in  time  of  war  as  well 
as  in  time  of  peace,  and  of  far  more  value  and  necessity  in 
war  than  in  peace,  for  in  peace  liberty,  security,  and  prop- 

j  erty  are  seldom  endangered;  in  war  they  are  ever  in  peril. 

4.  That  we  now  say  to  all  whom  it  may  concern,  not  by 
way  of  threat,  but  calmly  and  lii  mly,  that  we  will  not  cur- 
render  these  rights,  nor  submit  to  their  forcible  violation. 

I  We  will  obey  the  laws  ourselves,  and  all  others  must  obey 

j  them. 

11.  That  Ohio  will  adhere  to  the  Constitution  and  the 

j  Union  as  the  best — it  may  be  the  last — hope  of  popular  free 
dom,  and  for  all  wrongs  which  may  have  been  committed, 

j  or  evils  which  may  exist,  will  seek  redress,  under  the  Con 
stitution  and  within  the  Union,  by  the  peaceful  but  power 
ful  agency  of  the  suffrages  of  a  free  people. 

14.  That  we  will  earnestly  support  every  constitutional 
measure  tending  to  preserve  the  Union  of  the  States.    No 
men  have  a  greater  interest  in  its  preservation  than  we 
have,  none  desire  it  more;  there  are  none  who  will  make 
greater  sacrifices  or  endure  more  than  we  will  to  accomp 
lish  that  end.   Wo  are,  as  we  ever  have  been,  the  devoted 
friends  of  the  Constitution  and  the  Union,  and  we  have  no 
sympathy  with  the  enemies  of  either. 

15.  That  the  arrest,  imprisonment,  pretended  trial,  and 
actual  banishment  of  Clement  L.  Vallandigham,  a  citizen 
of  the  State  of  Ohio,  not  belonging  to  the  land  or  naval 
forces  of  the  United  States,  nor  to  the  militia  in  actual 
service,  by  alleged  military  authority,  tor  no  other  pre 
tended  crime  than  that  of  uttering  words  of  legitimate  crit 
icism  upon  the  conduct  of  the  Administration  in  power, 
and  of  appealing  to  the  ballot-box  lor  a  change  of  policy — 
said  arrest  and  military  trial  taking  place  where  the  courts 
of  law  are  open  and  unobstructed,  and  for  no  actdone  within 
the  sphere  of  active  military  operations  in  carrying  on  the 
war — we  regard  as  a  palpable  violation  of  the  following 
provisions  of  the  Constitution  of  the  United  States : 

1.  "Congress  shall  make  no  law  abridging  the  freedom  of 
speech  or  of  the  press,  or  the  right  of  the  people  peaceably 
to  assemble  and  to  petition  the  Government  for  a  redress  of 
grievances." 

2.  "The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated ;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirm 
ation,  and  particularly  describing  the  place  to  be  searched 
and  the  persons  or  things  to  be  seized." 

3.  "  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in 
dictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser 
vice  in  time  of  war  or  public  danger." 

4.  "In  all  criminal  prosecutions,  the  accused  shall  enjoj 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jurj 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer 
tained  by  law." 

And  we  furthermore  denounce  said  arrest,  trial,  and  ban 
ishment  as  a  direct  insult  offered  to  the  sovereignty  of  the 
people  of  Ohio,  by  whose  organic  law  it  is  declared' that  no 
person  shall  be  transported  out  of  the  State  for  any  offence 
committed  within  the  same. 

16.  That  Clement  L.  Vallandigham  was,  at  the  time  of 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


hiri  arrest,  a  prominent  candidate  for  nomination  by  the 
Democratic  party  of  Ohio  for  the  office  of  Oovernor  of  the 
Stnte;  that  the  Democratic  party  was  fully  competent  to 
deride  whether  lie  in  a  fit  man  for  that  nomination,  and 
th.it  the.  attempt  to  deprive  them  of  that  right,  by  his  ar- 
rcst  and  banishment,  was  an  unmerited  imputation  upon 
their  intelligence  and  loyalty,  as  well  as  a  violation  of  the 
Constitution. 

17.  That  we  respectfully,  but  most  earnestly,  call  upon 
tho  President  of  the  United  States  to  restore  Clement  L. 
VtUlandigham  to  his  home  in  Ohio,  and  that  a  committee 
of  one  from  each  Congressional  district  of  the  State,  to  be 
selected  by  the  presiding  officer  of  this  Convention,  is 
hereby  appointed  to  present  this  application  to  the  Presi 
dent. 

The  undersigned,  in  the  discharge  of  the 
duty  assigned  them,  do  not  think  it  necessary 
to  reiterate  the  facts  connected  wish  the  arrest, 
trial,  and  banishment  of  Mr.  V  llandigham — 
they  are  well  known  to  the  President,  and  are 
of  public  history — nor  to  enlarge  upon  the 
positions  taken  by  the  Convention,  nor  to  re 
capitulate  the  constitutional  provisions  which 
it  is  believed  have  been  contravened  ;  they  have 
been  stated  at  length,  and  with  clearness,  in 
the  resolutions  which  have  been  recited.  The 
undersigned  content  themselves  with  brief  re 
ference  to  other  suggestions  pertinent  to  the 
subject. 

They  do  not  call  upon  your  Excellency  as 
suppliants,  praying  the  revocation  of  the  order 
banishing  Mr.  Vallandigham  as  a  favor;  but, 
by  the  authority  of  a  Convention  representing 
a  majority  of  the  citizens  of  the  State  of  Ohio, 
they  respectfully  ask  it  as  a  right  due  to  an 
American  citizen,  in  whose  personal  injury  the 
sovereignty  and  dignity  of  the  people  of  Ohio, 
as  a  free  State,  have  been  offended.  And  this 
duty  they  perform  the  more  cordially  from  the 
consideration  that,  at  a  time  of  great  national 
emergency,  pregnant,  with  danger  to  our  Federal 
Union,  it  is  all  important  that  the  true  friends 
of  the  Constitution  and  the  Union,  however 
they  may  differ  as  to  the  mode  of  administering 
the  Government,  and  the  measures  most  likely 
to  be  successful  in  the  maintenance  of  the  Con 
stitution  and  the  restoration  of  the  Union, 
should  not  be  thrown  into  conflict  with  each 
other. 

The  arrest,  unusual  trial,  and  banishment  of 
Mr.  Vallandigham  have  created  wide-spread 
and  alarming  disaffection  among  the  people  of 
the  State,  not  only  endangering  the  harmony 
of  the  friends  of  the  Constitution  and  the 
Union,  and  tending  to  disturb  the  peace  and 
tranquillity  of  the  State,  but  also  impairing  (hut 
confidence  in  the  fidelity  of  your  Administra 
tion  to  the  great  landmarks  of  free  government 
essential  to  a  peaceful  and  successful  enforce 
ment  of  (he  laws  in  Ohio. 

You  are  reported  to  have  used  in  a  public 
communication  on  this  subject,  the  following 
language  : 

"  It  gave  me  pain  when  I  learned  that  Mr.  Vallandijrham 
had  been  arrested — that  is,  I  was  pained  that  there  Bhoold 
have  seemed  to  bo  a  necessity  for  arresting  him ;  and  that  it 
will  a  fiord  tie  great  pleasure  to  discharge  him,  so  soon  as  I 
can  by  any  means  believe  the  public  safety  will  not  suffer 
by  it."  * 

The  undersigned  assure  your  Excellency, 
from  our  own  personal  knowledge  of  the  feel 
ings  of  the  people  of  Ohio,  that  the  public 
safety  will  be  far  more  endangered  by  continu 
ing  Mr.  Vallandigham  in  exile  than  by  releas 
ing  him.  It  may  be  true  that  persons  differing 


from   him  in  political  views  may   be   found   in 
-  Ohio,  and  elsewhere,  who  will  express  a  differ- 
|  ent  opinion.     But  they  are  certainly  mistaken. 
Mr.  Vailandighara  may  differ  with  the  Presi 
dent,  and  even  with  some  of  his  own  political 
i  party,  as  to  (he  true  and  most  effectual  rneuna 
1  of  maintaining  the  Constitution  and  lestoring 
j  the  Union;  but  this  difference  of  opinion  does 
i  not  prove  him  to  be  unfaithful  to  his  duties  as 
j  an  American  citizen.     If  a  man,  devotedly  at 
j  tached  to  the  Constitution  and  the  Union,  con 
scientiously  believes   that,    from   the  inherent 
nature  of  the  Federal  compact    the  war,  in  the 
present  condition  of  things    i".    this    country, 
cannot   be   u^ed   as  a  means  of  restoring  the 
Union;  or  that  a  war  to  subjugate  apart  of  the 
States,  or  a  war  to  revolutionize  the  social  sys 
tem  in  a  part  of  the  States,  could  not  restore, 
but  would  inevitably  result  in  the  final  destruc 
tion  of  both  the  Constitution  and  the  Union,  is 
he  not  to  be  allowed  the  right  of  an  American 
citizen  to  appeal  to  the  judgment  of  the  people 
for  a  change  of  policy  by  the    constitutional 
remedy  of  the  ballot-box  ? 

During  the  war  with  Mexico  many  of  the 
political  opponents  of  the  Administration  then 
in  power  thought  It  their  duty  to  oppose  and  de 
nounce  the  war,  and  to  urge  before  the  people 
of  the  country  that  it  was  unjust  and  prosecu 
ted  for  unholy  purposes.  With  equal  reason  it 
might  have  bebn  said  of  them  that  their  discus 
sions  before  the  people  were  calculated  to  dis 
courage  enlistments,  "  to  prevent  the  raising  of 
troops,"  and  to  induce  desertions  from  the  array, 
and  leave  the  Government  without  an  adequate 
military  force  to  carry  on  the  war. 

If  the  freedom  of  speech  and  of  the  press  are 
to  be  suspended  in  time  of  war,  then  the  essen 
tial  element  of  popular  government  to  effect  a 
change  of  policy  in  the  constitutional  mode  is 
at  an  end.  The  freedom  of  speech  and  of  the 
press  is  indispensable,  and  necessarily  incident 
to  the  nature  of  popular  government  itself.  If 
any  inconvenience  or  evils  arise  from  its  exer 
cise,  they  are  unavoidable. 

On  this  subject  you  are  reported  to  have  said 
further: 

"  It  is  asserted,  in  substance,  that  Mr.  Vallandigham  was, 
by  n  military  commander,  seized  and  tried  '  for  no  other 
reason  than  words  addressed  to  a  public  meeting  in  criticism 
of  tho  course  of  the  Administration,  and  in  condemnation  of 
tho  military  order  of  the  general.'  Now,  if  there  be  no  mis 
take  about  this,  if  there  was  no  other  reason  for  the  arrest, 
then  I  concede  that  the  arrest  was  wrong.  But  the  arrest, 
I  understand,  was  made  for  a  very  different  reason.  Mr. 
Vallandigham  avows  his  hostility  to  the  war  on  the  part  of 
the  Union,  and  his  arrest  was  made  because  ho  was  laboring, 
with  some  effect,  to  prevent  tho  raising  of  troops,  to  encour 
age  desertions  from  tho  army,  and  to  leave  the  rebellion 
without  an  adequate  military  force  to  suppress  it.  lie  waa 
not  arrested  because  ho  was  damaging  the  political  pros 
pects  of  tho  Administration  or  the  personal  interests  of  the 
commanding  general,  but  because  ho  was  damaging  tho 
army,  upon  the  existence  and  vigor  of  which  the  lite  of  the 
nation  depends.  He  was  warring  upon  tho  military,  and 
this  gave  the  military  constitutional  jurisdiction  to  lay 
hands  upon  him.  If  Mr.  Vallandigham  was  not  damaging 
the  military  power  of  tho  country,  then  his  arrest  was  mad* 
on  mistake  of  facts,  which  I  would  be  glad  to  correct  on 
reasonable  satisfactory  evidence." 

In  answer  to  this  permit  us  to  say,  first,  that 
neither  the  charge  nor  the  specifications  in  sup 
port  of  the  charge  on  which  Mr.  Vallandigham 
was  tried  impute  to  him  the  act  of  either  labor 
ing  to  prevent  the  raising  of  troops  or  to  en-  x 


ADMINISTRATION    OF    ABRAHAM    LINCOLN 


169 


courage  desertions  from  the  army.  Secondly, 
no  evidence  on  the  trial  was  offered  with  a  x  iew 
to  support,  or  even  tended  to  support,  any  such 
charge  In  what  instance,  and  by  what  act, 
did  he  either  discourage  enlistments  or  encour 
age  desertion  in  the  army?  Who  is  the  man 
who  was  discouraged  from  enlisting,  and  who 
encouraged  to  desert,  by  any  act  of  Mr  Vallan- 
digham  ?  If  it  be  assumed  that  perchance  some 
p-rson  might  have  been  discouraged  from  en 
listing,  or  that  some  person  might  have  been 
encouraged  to  desert,  on  account  of  hearing 
Mr.  Vallardigham's  views  as  to  the  policy  of 
the  war  as  a  means  of  restoring  the  Union, 
would  that  have  laid  the  foundation  for  his 
conviction  and  banishment?  If  so,  upon  the 
same  grounds  every  political  opponent  of  the 
Mexican  war  might  have  been  convicted  and 
banished  from  the  country. 

When  gentlemen  of  high  standing  and  exten 
sive  influence,  including  your  Excellency,  op 
posed,  in  the  discussions  before  the  people,  the 
policy  of  the  Mexican  war,  were  they  "warring 
upon  the  military,"  and  did  this  "  give  the  mil 
itary  constitutional  jurisdiction  to  lay  hands 
upon"  them?  And,  finally,  the  charge  in  the 
specifications  upon  wMch  Mr.Vallandigham  was 
tr-ed  enti  led  him  to  a  trial  before  the  civil  tri 
bunals  according  to  the  express  provisions  of 
the  late  ac's  of  Congress,  approved  by  yourself 
July  17,  1862.  and  March  3,  1863,  which  were 
manifestly  designed  to  supersede  all  necessity 
or  pretext  for  arbitrary  military  arrests. 

The  undersigned  are  unable  to  agree  with 
you  in  the  opinion  you  have  expressed  that  the 
Constitution  is  different  in  time  of  irsurrection 
or  invasion  from  what  it  is  in  time  of  peace  and 
public  security.  The  Constitution  provides  for 
no  limitation  upon  or  exceptions  to  the  guar 
antees  of  personal  liberty,  except  as  to  the 
writ  of  habeas  corpus.  Has  the  President,  at 
the  time  of  invasion  or  insurrection,  the  right 
to  engraft  limitations  or  exceptions  upon  these 
constitutional  guarantees  whenever,  in  his 
judgment,  the  public  safety  requires  it  ? 

True  it  is,  the  article  of  the  Constitution 
which  defines  the  various  powers  delegated  to 
Congress  declares  that  "the  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended 
unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it."  But  this 
qualification  or  limitation  upon  this  restriction 
upon  the  powers  of  Congress  has  no  reference 
to  or  connection  with  the  other  constitutional 
guarantees  of  personal  liberty.  Expunge  from 
the  Constitution  this  limitation  upon  the  power 
of  Congress  to  suspend  the  writ  of  habeas 
corpus,  and  yet  the  other  guarantees  of  personal 
liberty  would  remain  unchanged. 

Although  a  maa  might  not  have  a  constitu 
tional  right  to  have  an  immediate  investigation 
made  as  to  the  legality  of  his  arrest  upon 
habeas  corpus,  yet  his  "right  to  a  speedy  and 
public  trial  by  nn  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been 
committed''  will  not  be  altered;  neither  will 
his  right  to  the  exemption  from  "cruel  and 
unusual  punishment;"  nor  his  right  to  be  se 
cure  in  his  person,  houses,  papers,  and  effects, 
against  unreasonable  seizures  and  searches ; 


nor  his  right  not  to  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law  ;  nor 
his  right  not  to  be  held  to  answer  for  a  capital 
or  otherwise  infamous  offence,  unless  on  pre 
sentment  or  indictment  of  a  grand  jury,  be  in 
anywise  changed. 

And  certainly  the  restriction  upon  the  power 
of  Congress  to  suspend  the  writ  of  habeas 
corpus,  in  time  of  insurrection  or  invasion, 
could  not  affect  the  guaranty  that  the  freedom 
of  speech  and  of  the  press  shall  not  be  abridged. 
It  is  sometimes  urged  that  the  proceedings  in 
the  civil  tribunals  are  too  tardy  and  ineffective 
for  cases  arising  in  times  of  insurrection  or  in 
vasion.  It  is  a  full  reply  to  this  to  say  that 
arrests  by  civil  process  may  be  equally  as  ex 
peditious  and  effective  as  arresis  by  military 
orders. 

True,  a  summary  trial  and  punishment  are 
not  allowed  in  the  civil  courts.  But  if  the  of 
fender  be  under  arrest  and  imprisoned,  and  not 
entitled  to  a  discharge  on  writ  of  habeas  corpus 
before  trial,  what  more  can  be  required  for  the 
purposes  of  the  Government?  The  idea  that 
all  the  constitutional  guarantees  of  personal 
liberty  are  suspended  throughout  the  country 
at  a  time  of  insurrection  or  invasion  in  any 
part  of  it  places  us  upon  a  sea  of  uncertainty, 
and  subjects  the  life,  liberty,  and  property  of 
every  citizen  to  the  mere  will  of  a  military 
commander,  or  what  he  may  say  that  he  con 
siders  the  public  safety  requires.  Does  your 
Excellency  wish  to  have  it  understood  that  you 
hold  that  the  rights  of  ^ve^^  man  throughout 
this  vast  country  are  subject  to  be  annulled 
whenever  you  may  say  that  you  consider  the 
public  safety  requires  it,  in  time  of  invasion  or 
insurrection  ? 

You  are  further  reported  as  having  said  that 
the  constitutional  guarantees  of  personal  lib 
erty  have  "  no  application  to  the  present  case 
we  have  in  hand,  because  the  arrests  complained 
of  were  not  made  for  treason — that  is,  not  for 
the  treason  defined  in  the  Constitution,  and 
upon  the  conviction  of  which  the  punishment 
is  death — nor  yet  were  they  made  to  hold  per 
sons  to  answer  for  capital  or  otherwise  infamous 
crimes  ;  nor  were  the  proceedings  following  in 
any  constitutional  or  legal  sense  '  criminal 
prosecutions  '  The  arrests  were  made  on 
totally  different  grounds,  and  the  proceedings 
following  accorded  with  the  grounds  of  the 
arrests,"  &c. 

The  conclusion  to  be  drawn  from  this  posi 
tion  of  your  Excellency  is,  that  where  a  man 
is  liable  to  "  a  criminal  prosecution,"  or  is 
charged  with  a  crime  known  to  the  laws  of  the 
land,  he  is  clothed  with  all  the  constitutional 
guarantees  for  his  safety  and  security  from 
wrong  and  injustice  ;  but  that,  where  he  is  not 
liable  to  "  a  criminal  prosecution,"  or  charged 
with  any  crime  known  to  the  laws,  if  the  r  resi 
dent  or  any  military  commander  shall  say  that 
he  considers  that  the  public  safety  requires  it, 
this  man  may  be  put  outside  of  the  pale  of  the 
constitutional  guarantees,  and  arrested  with 
out  charge  of  crime,  imprisoned  without 
knowing  what  for,  and  any  length  of  time, 
or  be  tried  before  a  court-martial  and  sen- 
{  tenced  to  any  kind  of  punishment,  uuknowu 


170 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


to   the  Jaws  of  'he  land,  which  the  President  I 
or  the  military  commander  may  se^  proper  to 
impose. 

Did  the  Constitution  intend  to  throw  the 
shield  of  its  securities  around  the  man  liable 
to  be  charged  with  treason  as  defined  by  it,  and 
yet  leave  the  man  not  liable  to  any  such  cha"ge 
unprotected  by  the  safeguards  of  personal  lib 
erty  and  personal  security?  Can  a  man  not  in 
the  military  or  naval  service,  nor  within  the 
field  of  the  operations  of  the  army,  be  arrested 
and  imprisoned  without  any  law  of  the  land  to 
authorize  it?  Can  a  man  thus,  in  civil  life,  be 
punished  without  any  law  defining  the  offence 
and  describing  the  punishment?  If  the  Pres 
ident  or  a  court-martial  may  prescribe  one  kind 
of  punishment  unauthorized  by  law,  why  not 
any  other  kind?  Banishment  is  an  unusual 
punishment,  and  unknown  to  our  laws.  If  the 
President  has  the  right  to  prescribe  the  punish 
ment  of  banishment,  why  not  that  of  death  and 
confiscation  of  property  ?  If  the  President  has 
the  right  to  change  the  punishment  prescribed 
by  the  court-martial  from  imprisonment  to 
banishment,  why  not  from  imprisonment  to 
torture  upon  the  rack  or  execution  upon  the 
gibbet  ? 

If  an  indefinable  kind  of  constructive  trea 
son  is  to  be  introduced  and  engrafted  upon  the 
Constitution,  unknown  totbe  laws  of  the  land 
and  subject  to  the  will  of  the  President  when 
ever  an  insurrection  or  invasion  shall  occur  in 
any  part  of  this  vast  country,  what  safety  or 
security  will  be  left  for  the  liberties  of  the 
people  ? 

The  constructive  treasons  that  gave  the  friends 
of  freedom  so  many  years  of  toil  and  trouble 
in  England  were  inconsiderable  compared  to 
this.  The  precedents  which  you  make  will  be 
come  a  part  of  the  Constitution  for  your  suc 
cessors,  if  sanctioned  and  acquiesced  in  by  the 
people  now. 

The  people  of  Ohio  are  willing  to  co-operate 
zealously  with  you  in  every  effort  warranted  by 
the  Constitution  to  restore  the  Union  of  the 
States,  but  they  cannot  consent  to  abandon 
tbose  fundamental  principles  of  civil  liberty 
which  are  essential  to  their  existence  as  a  free 
people. 

In  their  name  we  ask  that,  by  a  revocation  of 
the  order  of  his  banishment,  Mr.  Vallandigham 
may  be  restored  to  the  enjoyment  of  those 
rights  of  which  they  believe  he  has  been  un 
constitutionally  deprived. 

We  have  the  honor  to  be  respectfully,  yours, 
&c., 

M.  BIRCIIARD,,  Chairman,  IMh  Dist. 

DAVID  A.  HOUR,  Secretary,  3d  Dist. 

GEO.  BLISS,  14/7*  Dist. 

T.  W.  HARTLEY,  Mh  Dist. 

W.  J.  GORDON,  IM/i  Dist. 

JOHN  O'NEILL,  ISM  Dist. 

C.  A.  WHITE,  (M/i  Dist. 
"  W.  E.  FINCK,  Vlth  Dist. 

ALEXANDER  LONG,  2d  Dist. 

J.  W.  WHITE,  IGM  Dist. 

JAS.  R.  MORRIS,  l&th  Dist. 

GEO.  S.  CONVERSE,  Itk  Dist. 

WARREN  P.  NOULE,  Qtlt  Dist. 

GEO.  II.  PENDLBTON,  1st  Dist. 

W.  A.  IIUTCII1NS,  llth  Dist. 

ABNER  L.  BACKUS,  10th  Dist. 

J.  F.  McKINNEY,  ±th  Dist. 

F.  <•.  LrBLONl).  Mh  Diyt. 

LOUIS  S1IAEFER.  11  Ut  Mat. 


Letter  from  President  Lincoln. 

WASHINGTON,  June  29   1863. 

Messrs.  M.  Birchard.  David  M.  Houk,  George  Bliss  T  W 
Hartley,  W.  J.  Gordon,  John  O'Nii-11,  C.  A.  White,  W.  E 
Finck,  Alexander  lx>ng;,  J.  W.  White,  George  II.  p.-i, die- 
ton,  George  S.  Converse,  Warren  P.  Noble,  Jamen  R.  Mor 
ris,  W  A  Hutching,  Abner  L.  Backus,  J.  F.  McKinner 
F.  C.  LeBlond,  Louis  Schaefer : 

GENTLEMEN  :  The  resolutions  of  the  Ohio 
Democratic  State  Convention,  which  you  pre 
sent  me,  together  with  your  introductory  and 
closing  remarks,  being  in  position  and  argu 
ment  mainly  the  same  as  the  resolutions  of  the 
Democratic  meeting  at  Albany,  New  York.  I 
refer  you  to  my  response  to  the  latter  as  meet 
ing  most  of  the  points  in  the  former. 

This  response  you  evidently  used  in  prepar 
ing  your  remarks,  and  I  desire  no  more  than 
that  it  be  used  with  accuracy.  In  a  single 
reading  of  your  remarks,  I  only  discovered  one 
inaccuracy  m  matter  which  I  suppose  you  took 
from  that  paper.  It  is  where  you  say,  '-The 
undersigned  are  unable  to  agree  with  you  i  i 
the  opinion  you  have  expressed  that  the  Consti 
tution  is  different  in  time  of  insurrection  or  in 
vasion  from  what  it  is  in  time  of  peace  and 
public  security." 

A  recurrence  to  the  paper  will  show  you 
that  I  have  not  expressed  the  opinion  you  sup 
pose.  I  expressed  the  opinion  that  the  Consti 
tution  is  different  in  its  application  in  cases  of 
rebellion  or  invasion,  involving  the  public 
safety,  from  what  it  is  in  times  of  profound 
peace  and  public  security;  and  this  opinion  I 
adhere  to,  simply  because  by  the  Constitution 
itself  things  may  be  done  in  the  one  case  which 
may  not  be  done  in  the  other. 

I  dislike  to  waste  a  word  on  a  merely  per 
sonal  point,  but  I  must  respectfully  assure  you 
that  you  will  find  yourselves  at  fault  should  you 
ever  seek  for  evidence  to  prove  your  assump 
tion  that  I  "  opposed  in  discussions  before  the 
people  the  policy  of  the  Mexican  war." 

You  say  :  '•  Expunge  from  the  Constitution 
this  limitation  upon  the  power  of  Congress  to 
suspend  the  writ  of  habeas  corpus,  and  yet  the 
other  guarantees  of  personal  liberty  would  re 
main  unchanged."  Doubtless  if  this  clause  of 
the  Constitution,  improperly  called,  as  I  think, 
a  limitation  upon  the  power  of  Congress,  were 
expunged,  the  other  guarantees  would  remain 
the  same  ;  but  the  question  is,  riot  how  those 
guarantees  would  stand  with  that  clause  out  of 
the  Constitution,  but  how  they  stand  with  that 
clause  remaining  in  it,  in  case  of  rebellion  or 
invasion,  involving  the  public  safety.  If  the 
liberty  could  be  indulged  in  expunging  that 
clause,  letter  and  spirit,  I  really  think  the 
constitutional  argument  would  be  with  you. 

My  general  view  on  this  question  was  stated 
in  the  Albany  response,  and  hence  I  do  not 
state  it  now.  I  only  add  that,  as  seems  to  me, 
the  benefit  of  the  writ  of  habeas  corpus  is  the 
great  means  through  which  the  guarantees  of 
personal  liberty  are  conserved  and  made  avail 
able  in  the  last  resort;  and  corroborative  of 
this  view  is  the  fact  that  Mr.  Vallandigham,  in 
the  very  case  in  question,  under  the  advice  of 
able  lawyers,  saw  not  where  else  to  go  but  to 
the  habeas  corpus.  But  by  the  Constitution 
the  benefit  of  the  writ  of  habeas  corpus  itself 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


171 


may  be   suspended,  when,  in   case  of  rebellion 
or  invasion,  the  public  safety  may  require  it. 

You  ask,  in  substance,  whether  I  really  claim 
that  I  may  override  nil  the  guarantied  rights  of 
individuals,  on  the  plea  of  conserving  the  pub 
lic  safety — when  I  may  choose  to  say  the  public 
safety  requires  it.  This  question,  divested  of 
the  phraseology  calculated  to  represent  me  as 
struggling  for  an  arbitrary  personal  preroga 
tive,  is  either  simply  a  question  ivho  shall  de 
cide,  or  an  affirmation  that  nobody  shall  decide, 
what  the  public  safety  does  require  in  cases  of 
rebellion  or  invasion.  The  Constitution  con 
templates  the  question  as  likely  to  occur  for 
decision,  but  it  does  not  expressly  declare  who 
is  to  decide  it.  By  necessary  implication,  when 
rebellion  or  invasion  comes,  the  decision  is  to 
be  made,  from  time  to  time;  and  I  think  the 
man  whom,  for  the  time,  the  people  have,  under 
the  Constitution,  made  the  Commancler-in-Chief 
of  their  Army  and  Navy,  is  the  man  who  holds 
the  power  and  bears  the  responsibility  of  mak 
ing  it.  If  he  uses  the  power  justly,  the  same 
people  will  probably  justify  him;  if  he  abuses 
it,  he  is  in  their  hands,  to  be  dealt  with  by  all 
the  modes  they  have  reserved  to  themselves  in  j 
the  Constitution. 

The  earnestness  with  which  you  insist  that 
persons  can  only,  in  times  of  rebellion,  be  law 
fully  dealt  with,  in  accordance  with  the  rules  j 
for  criminal  trials  and  punishments  in  times  of 
peace,  induces  me  to  add  a  word  to  what  I  said 
on  that  point  in  the  Albany  response.  You 
claim  that  men  may,  if  they  choose,  embarrass 
those  whose  duty  it  is  to  combat  a  giant  rebel 
lion  and  then  be  dealt  wish  only  in  turn  as  if 
there  were  no  rebellion.  The  Constitution  it 
self  rejects  this  view.  The  military  arrests  r  nd 
detentions  which  have  been  made,  including 
those  of  Mr.  Vallandigham,  which  are  not  dif 
ferent  in  principle  from  the  other,  have  been  for 
prevention,  and  not,  for  punishment — as  injunc 
tions  to  stay  injury,  as  proceedings  to  keep  the 
peace — arid  hence,  like  proceedings  in  such 
cases  and  for  like  reasons,  they  have  not  been 
accompanied  with  indictments,  or  trials  by 
juries,  nor  in  a  single  case  by  any  punishment 
whatever  beyond  what  is  purely  incidental  to 
the  prevention.  The  original  sentence  of  im 
prisonment  in  Mr.  Vallandigharn's  case  was  to 
prevent  injury  to  the  military  service  only,  and 
the  modification  of  it  was  made  as  a  less  dis 
agreeable  mode  to  him  of  securing  the  same 
prevention. 

I  am  unable  to  perceive  an  insult  to  Ohio  in 
the  case  of  Mr.  Vallandigham.  Quite  surely 
nothing  of  this  sort  was  or  is  intended.  I  was 
wholly  unaware  that  Mr.  Vallandigham  was,  at 
the  time  of  his  arrest,  a  candidate  for  the  Dem 
ocratic  nomination  for  Governor,  until  so  in 
formed  by  your  reading  to  me  the  resolutions 
of  the  Convention.  I  am  grateful  to  the  State 
of  Ohio  for  many  things,  especially  for  the  brave 
soldiers  and  officers  she  has  given  in  the  present 
national  trial  to  the  armies  of  the  Union. 

You  claim  as  I  understand,  that  according  to 
my  own  position  in  the  Albany  response,  Mr. 
Vallaudigham  should  be  released;  and  this  be 
cause,  as  you  claim,  he  has  not  damaged  the 
military  service  by  discouraging  enlistments, 


encouraging  desertions,  or  otherwise  ;  and  that 
if  he  had,  he  should  be  turned  over  to  the  civil 
authorities  under  the  recent  acts  of  Congress. 
I  certainly  do  not  know  that  Mr.  Vallaidigham 
has  specifically  and  by  direct  language  advised 
against  enlistments,  and  in  favor  of  desertion 
and  resistance  to  drafting.  We  all  know  that 
combinations,  armed  in  some  instances,  to  re 
sist  the  arrest  of  deserters,  began  several 
months  ago ;  that  more  recently  the  like  has 
appeared  in  resistance  to  the  enrollment  pre 
paratory  to  a  draft;  and  that  quite  a  number 
of  assassinations  have  occurred  from  the  same 
animus.  These  had  to  be  met  by  military 
force,  and  this  again  has  led  to  bloodshed  and 
death.  And  now,  under  a  sense  of  responsibil 
ity  more  weighty  and  enduring  than  any  which 
is  merely  official,  I  solemnly  declare  my  belief 
that  this  hindrance  of  the  military,  including 
maiming  and  murder,  is  due  to  the  course  in 
which  Mr.  Vallandigham  has  been  engaged,  in 
a  greater  degree  than  to  any  other  cause  ;  and 
it  is  due  to  him  personally  in  a  greater  degree 
than  to  any  other  man. 

These  things  have  been  notorious,  known  to- 
all,  and  of  course  known  to  Mr.  Vallandigham. 
Perhaps  I  would  not  be  wrong  to  say  they  orig 
inated  with  his  especial  friends  and  adherents. 
With  perfect  knowledge  of  them  he  has  fre 
quently,  if  not  constantly,  made  speeches  in 
Congress  and  before  popular  assemblies ;  and 
if  it  can  be  shown  that,  with  these  things  star 
ing  him  in  the  face,  he  has  ever  uttered  a  word 
of  rebuke  or  counsel  against  them,  it  will  be  a 
fact  greatly  in  his  favor  with  me,  and  one  of 
which,  as  yet,  I  am  totally  ignorant.  When  it 
is  known  that  the  whole  burden  of  his  speeches 
has  been  to  stir  up  men  against  the  prosecution 
of  the  war,  and  that  in  the  midst  of  resistance 
to  it  he  has  not  been  known  in  any  instance  to- 
counsel  against  such  resistance,  it  is  next  to  im 
possible  to  repel  the  inference  that  he  has  coun 
selled  directly  in  favor  of  it. 

With  all  this  before  their  eyes,  the  Conven 
tion  you  represent  have  nominated  Mr.  Vallan 
digham  for  Governor  of  Ohio,  and  both  they 
and  you  have  declared  the  purpose  to  sustain 
the  National  Union  by  a  1  constitutional  means. 
But,  of  course,  they  and  you,  in  common,  re 
serve  to  yourselves  to  decide  what  are  consti 
tutional  means,  and,  unlike  the  Albany  meet 
ing,  you  omit  to  state  or  intimate  that,  in  your 
opinion,  an  army  is  a  constitutional  means  of 
saving  the  Union  against  a  rebellion,  or  even  to 
intimate  that  you  are  conscious  of  an  existing 
rebellion  being  in  progress  with  the  avowed  ob 
ject  of  destroying  that  very  Union.  At  the 
same  time,  your  nominee  for  Governor,  in  whose 
behalf  you  appeal,  is  known  to  you  and  to  the- 
world  to  declare  against  the  use  of  an  army  to 
suppress  the  rebellion.  Your  own  attitude, 
therefore,  encourages  desertion,  resistance  to 
the  draft,  and  the  like,  because  it  teaches  those 
who  incline  to  desert  and  to  escape  the  draft 
to  believe  it  is  'your  purpose  to  protect  them 
and  to  hope  that  you  will  become  strong 
enough  to  do  so. 

After  a  short  personal  intercourse  with  you, 
gentlemen  of  the  committee,  I  cannot  say  I 
think  you  desire  this  effect  to  follow  your  atti- 


172 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


tude;  but  I  assure  you  that  both  friends  and 
enemies  of  the  Union  look  upon  it  in  this  light. 
It  is  a  substantial  hope,  and  by  consequence  a 
real  strength  to  the  enemy.  It  is  a  false  hope, 
and  one  which  you  would  willingly  dispel.  I 
will  make  the  way  exceedingly  easy.  I  send 
jou  duplicates  of  this  letter,  in  order  that  you, 
or  a  majority,  may,  if  you  choose,  endorse  your 
names  upon  one  of  them,  and  return  it  thus 
endorsed  to  me,  with  the  understanding  that 
those  signing  are  hereby  committed  to  the  fol 
lowing  propositions,  and  to  nothing  else  : 

1.  That  there  is  now  a  rebellion  in  the  United 
States,  the  object  and  tendency  of  which  is  to 
destroy  the  National  Union  ;  and  that,  in  your 
opinion,  an  army  and  navy  are  constitutional 
means  for  suppressing  that  rebellion. 

2.  That  no  one  of  you  will  do  anything  which, 
in  his  own  judgment,  will  tend  to  hinder  the 
increase  or   favor  the  decrease  or  lessen  the 
efficiency  of  the  army  and  navy,  while  engaged 
in  tho  effort  to  suppress  that,  rebellion  ;   and 

3.  That  each  of  you  will,  in  his  sphere,  do 
all  he  can   to  have  the  officers,  soldiers,  and 
seamen  of  the  army  and  navy,  while  engaged 
in  the  effort  to  suppress  the  rebellion,  paid,  fed, 
clad,  and  otherwise  well  provided  for  and  sup 
ported. 

And  with  the  further  understanding  that 
upon  receiving  the  letter  and  names  thus  en 
dorsed,  I  will  cause  them  to  be  published, 
which  publication  shall  be,  within  itself,  a  re 
vocation  of  the  order  in  relation  to  Mr.  Val- 
landigham. 

It  will  not  escape  observation  that  I  consent 
to  the  release  of  Mr.  Vallandigham  upon  terms 
not  embracing  any  pledge  from  him  or  from 
others  as  to  what  he  will  or  will  not  do.  I  do 
this  because  he  is  riot  present  to  speak  for  him 
self,  or  to  authorize  others  to  speak  for  him; 
and  hence  I  shall  expect  that  on  returning  he 
would  not  put  himself  practically  in  antagon 
ism  with  his  friends.  But  I  do  it  chiefly  be 
cause  I  thereby  prevail  on  other  influential  gea- 
tleinen  of  Ohio  to  so  define  their  position  as  to 
be  of  immense  value  to  the  army — thus  more 
than  compensating  for  the  consequences  of  any 
mistake  in  allowing  Mr.  Vallandigham  to  return, 
so  that,  on  the  whole,  the  public  safety  will  not 
have  suffered  by  it.  Still,  in  regard  to  Mr. 
Vallandigham  and  all  others,  I  must  hereafter, 
as  heretofore,  do  so  much  as  the  public  service 
may  seem  to  require. 

I  have  the  honor  to  be,  respectfully,  yours,  &c. 
A.  LINCOLN. 

The  Committee's  Rejoinder. 

NEW  YORK,  July  I,  1863. 
To  his  Excellency  the  PRESIDENT  OF  THE  UNITED  STATES  : 

SIR  :  Your  answer  to  the  application  of  the 
undersigned  for  a  revocation  of  the  order  of 
banishment  of  Clement  L.  Vallaudigham  re 
quires  a  reply,  which*' they  proceed  with  as 
little  delay  as  possible  to  make. 

They  are  not  able  to  appreciate  the  force  of 
the  distinction  you  make  between  the  Constitu 
tion  and  the  application  of  the  Constitution, 
whereby  you  assume  that  powers  are  delegated 
to  the  President  at  fhe  time  of  invasion  or  in 


surrection,  in  derogation  of  the  plain  language 
of  the  Constitution.  The  inherent  provisions 
of  the  Constitution  remaining  the  same  in  time 
of  insurrection  or  invasion  as  in  time  of  peace, 
the  President  can  have  no  more  right  to  disre 
gard  their  positive  and  imperative  requirements 
at  the  former  time  than  at  the  latter.  Because 
some  things  may  be  done  by  the  terms  of  the 
Constitution  at  the  time  of  invasion  or  insurrec 
tion  which  would  not  be  required  by  the  occa 
sion  in  time  of  peace,  you  assume  that  any  tfrng 
whatever,  even  though  not  expressed  by  the 
Constitution,  may  he  done  on  the  occasion  of 
insurrection  or  invasion,  which  the  President 
may  choose  to  say  is  required  by  the  public 
safety.  In  plainer  terms,  because  the  writ  of 
habeas  corpus  may  be  suspended  at  time  of  in 
vasion  or  insurrection,  you  infer  that  all  other 
provisions  of  the  Constitution  having  in  view 
the  protection  of  the  life,  liberty,  and  property 
of  the  citizen,  may  be  in  like  manner  sus 
pended. 

The  provision  relating  to  the  writ  of  habeas 
corpus  being  contained  in  the  first  part  of  the 
Constitution,  the  purpose  of  which  is  to  define 
the  powers  delegated  to  Congress,  has  no  con 
nection  in  language  with  the  Declaration  of 
Rights,  as  guarantees  of  personal  liberty,  con 
tained  in  the  additional  and  amendatory  arti 
cles,  and  inasmuch  as  the  provision  relating  to 
habeas  corpus  expressly  provides  for  its  suspen 
sion,  and  the  other  provisions  alluded  to  do  not 
provide  for  any  such  thing,  the  legal  conclusion 
is  that  the  suspension  of  the  later  is  unauthor 
ized.  The  provision  for  the  writ  of  habeas  cor 
pus  is  merely  intended  to  furnish  a  summary 
remedy,  and  not  the  means  whereby  personal 
security  is  conserved  in  the  final  resort;  while 
the  other  provisions  are  guarantees  of  personal 
rights,  the  suspension  of  which  puts  an  end  to 
all  pretence  of  free  government.  It  is  true  Mr. 
Vallandigham  applied  for  a  writ  of  habeas  corpus 
as  a  summary  remedy  against  oppression.  But 
the  denial  of  this  did  not  take  away  his  right 
to  a  speedy  public  trial  by  an  impartial  jury, 
or  deprive  him  of  his  other  rights  as  an  Amer 
ican  citizen.  Your  assumption  of  the  right  to 
suspend  all  the  constitutional  guarantees  of 
personal  liberty,  and  even  of  the  freedom  of 
speech  and  of  the  press,  because  the  summary 
remedy  of  habeas  corpus  may  be  suspended,  is 
at  once  startling  and  alarming  to  all  persons 
desirous  of  preserving  free  government  in  this 
country. 

The  inquiry  of  the  undersigned,  whether  "  you 
hold  the  rights  of  every  man  throughout  this 
vast  country,  in  time  of  invasion  or  insurrec 
tion,  are  subject  to  be  annulled  whenever  you 
may  say  that  you  consider  the  public  safety  re 
quires  it?"  was aplainquestion,  undisguised  by 
circumlocution,  and  intended  simply  to  elicit 
information.  Your  affirmative  answer  to  this 
question  throws  a  shade  upon  the  fondest  antici 
pations  of  the  framers  of  the  Constitution,  who 
flattered  themselves  that  they  had  provided 
safeguards  against  the  dangers  which  have  ever 
beset  and  overthrown  free  government  in  other 
ages  and  countries.  Your  answer  is  not  to  be 
disguised  by  the  phraseology  that  the  question 
"is  simply  a  question  who  shall  decide,  or  an 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


affirmation  tnat  nobody  shall  decide,  what  the 
public  safety  does  require  in  case  of  rebellion 
or  invasion."  Our  Government  was  designed 
to  be  a  Government  of  law,  settled  and  defined, 
and  net  of  the  arbitrary  will  of  a  single  man. 
As  a  safeguard,  the  powers  were  delegated  to 
the  l<  gislative,  executive,  and  judicial  branches 
of  tlu:  Government,  and  each  made  co-ordinate 
with  the  others,  and  supreme  within  its  sphere, 
and  thus  a  mutual  ch.  ck  upon  each  other  in 
case  of  abuse  of  power. 

It  has  been  the  boast  of  the  American  people 
thai  they  had  &  written  Constitution,  not  only  ex 
pressly  defining,  but  also  limiting  the  powers 
of  the  Government,  and  providing  effectual  safe 
guards  for  personal  liberty,  security,  and  prop 
erty  And,  to  make  the  matter  more  positive 
and  explicit,  it  was  provided  by  the  amenda 
tory  artic'es  nine  and  ten  that  u  the  enumeration 
in  the  Constitution  of  certain  riffhts  shall  not  be 
construed  to  deny  or  disparage  others  retained 
by  the  people,"  and  that  4ithe  powers  not  dele 
gated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively  or  to  the  people/' 
With  this  care  and  precaution  on  the  part  of  our 
forefathers  who  framed  our  institutions,  it  was 
not  to  be  expected  that,  at  so  early  a  day  as  this, 
a  claim  of  the  President  to  arbitrary  power, 
limited  only  by  his  conception  of  the  require 
ments  of  the  public  safety,  would  have  been 
asserted.  In  derogation  of  the  constitutional 
p  ovisions  making  the  President  strictly  an  ex 
ecutive  officer,  and  vesting  all  the  delegated 
legislative  powers  in  Congress,  your  position,  as 
we  understand  it,  would  make  your  will  the  rule 
of  action,  and  your  declaration  of  the  require 
ments  of  the  public  safety  the  law  of  the  land. 
Our  inquiry  was  not,  therefore,  "  simply  a  ques 
tion  who  shall  decide,  or  the  affirmation  that 
nobody  shall  decide,  what  the  public  safety 
requires."  Cur  Government  is  a  Government  of 
law,  and  it  is  the  law-making  power  which  ascer 
tains  what  the  public  safety  requires,  and  pre 
scribes  the  rule  of  action ;  and  the  duty  of  the 
President  is  simply  to  execute  the  laws  thus 
enacted,  and  not  to  make  or  annul  laws.  If  any 
exigency  shall  arise,  the  President  has  the 
power  to  convene  Congress  at  any  time  to  pro 
vide  for  it ;  so  that  the  plea  of  necessity  fur 
nishes  no  reasonable  pretext  for  any  assumption 
of  legislative  power. 

For  a  moment  contemplate  the  consequences 
of  such  a  claim  to  power.  Not  only  would  the 
dominion  of  the  President  be  absolute  over  the 
rights  of  individuals,  but  equally  so  over  the 
other  departments  of  the  Government.  If  ho 
should  claim  that  the  public  safety  required  it, 
he  could  arrest  and  imprison  a  judge  for  the 
conscientious  dischage  of  his  duties,  paralyze 
the  judicial  power,  or  supercede  it  by  the  sub 
stitution  of  courts-martial,  subject  to  his  own 
will,  throughout  the  whole  country  If  any 
one  of  the  States,  even  far  removed  from  the 
rebellion,  should  not  sustain  his  plan  for  prose 
cuting  the  war,  be  could,  on  the  plea  of  public 
safety,  annul  and  set  at  defiance  the  State  laws 
and  authorities,  arrest  and  imprison  the  Gover 
nor  of  the  State  or  the  members  of  the  Legisla 
ture,  while  in  the  faithful  discharge  of  their 


duties,  or  he  could  absolutely  control  the 
action,  either  of  Congress  or  of  the  Supreme 
Court,  by  arresting  and  imprisoning  its  mem 
bers,  and  upon  the  same  ground  he  could  sus 
pend  the  elective  franchise,  postpone  the  elec 
tions,  and  declare  the  perpetuity  of  his  high 
prerogative.  And  neither  the  power  of  im 
peachment  nor  the  elections  of  the  people 
could  be  made  available  against  such  concen 
tration  of  power. 

Surely  it  is  not  necessary  to  subvert  free 
government  in  this  country  in  order  to  put 
down  the  rebellion ;  and  it  cannot  be  done  under 
the  pretence  of  putting  down  the  rebellion.  In 
deed,  it  is  plain  that  your  Administration  has 
been  weakened,  and  greatly  weakened,  by  the 
assumption  of  power  not  delegated  in  the  Con 
stitution. 

In  your  answer  you  say  to  us  :  "  You  claim- 
that:  men  may,  if  they  choose,  embarras  those 
whose  duty  it  is  to  combat  a  giant  rebellion 
and  then  be  dealt  with  in  terms  as  if  there 
were  no  rebellion."  You  will  find  yourself  in 
fault,  if  your  will  search  our  communication, 
to  you  for  any  such  idea.  The  undersigned 
believe  that  the  Constitution  and  laws  of  the 
land,  properly  administered,  furnish  ample 
power  to  put  down  an  insurrection  without  the 
assumption  of  powers  not  granted.  And  if  ex 
isting  legislation  be  inadequate,  it  is  the  duty 
of  Congress  to  consider  what  further  legisla 
tion  is  necessary,  and  to  make  suitable  provi 
sion  by  law. 

You  claim  that  the  military  arrests  made  by 
your  Administration  are  merely  preventive  reme 
dies,  "as  injunctions  to  stay  injury,  or  proceed 
ings  to  keep  the  peace,  and  not  for  punishment." 
The  ordinary  preventive  remedies  alluded  to  are 
authorized  by  established  law,  but  the  prevent 
ive  proceedings  you  institute  have  their  au 
thority  merely  in  the  will  of  the  Executive  or 
that  of  officers  subordinate  to  his  authority. 
Arid  in  this  proceeding  a  discretion  seems  to  be 
exercised  as  to  whether  the  prisoner  shall  be 
allowed  a  trial  or  even  be  permitted  to  know 
the  nature  of  the  complaint  alleged  against  himy 
or  the  name  of  his  accuser.  If  the  proceedings 
be  merely  preventive,  why  not  .allow  the  prisoner 
j  the  benefit  of  a  bond  to  keep  the  peace?  But 
if  no  offence  has  been  committed,  why  was  Mr. 
I  Vallandigham  tried,  convicted,  and  sentenced 
by  a  court-martial?  And  why  the  actual  pun 
ishment  by  imprisonment  or  banishment,  with 
out  the  opportunity  of  obtaining  his  liberty  in 
the  mode  usual  in  preventive  remedies,  and  yet 
say  it  is  not  for  punishment? 

You  still  place  Mr.  Vallandigham's  convic 
tion  and  banishment  upon  the  ground  that  he 
had  damaged  the  military  service  by  discourag 
ing  enlistments  and  encouraging  desertions, 
&c.,  and  yet  you  have  not  even  pretended  to 
controvert  our  position  that  he  was  not  charged 
with,  tried,  or  convicted  for  any  such  offence 
before  the  court-martial. 

In  answer  to  our  position  that  Mr.  Vallandig 
ham  was  entitled  to  a  trial  in  the  civil  tribunals, 
by  virtue  of  the  late  acts  of  Congress  you  say  : 
i  " I  certainly  do  not  know  that  Mr.  Vallandiyhum 
|  has  specifically    and   by  direct    language  advised 
\  against  enlistments  and  in  favor  of  desertions  and 


174 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


resistance  to  drafting,"  &c.,  and  yet,  in  a  subse 
quent  part  of  your  answer,  after  speaking  of 
certain  disturbances  which  are  alleged  to  have 
occurred  in  resistance  of  the  arrest  of  deserters 
and  of  the  enrollment  preparatory  to  the  draft, 
and  which  you  attribute  mainly  to  the  course 
Mr.  Vallandigham  has  pursued,  you  say  that 
he  has  made  speeches  against  the  war  in  the 
midst  of  resistance  to  it;  that  "  he  has  never 
been  known,  in  any  instance,  to  counsel  against 
such  resistance;"  and  that  "it  is  next  to  impos 
sible  to  repel  the  inference  that  he  has  counselled 
directly  in  favor  of  it."  Permit  us  to  say  that 
your  information  is  most  grievously  at  fault. 

The  undersigned  have  been  in  the  habit  of 
hearing  Mr.  Vallandigham  speak  before  pop 
ular  assemblages,  and  they  appeal  with  confi 
dence  to  every  truthful  person  who  has  ever 
heard  him  for  the  accuracy  of  the  declaration, 
that  he  has  never  made  a  speech  before  the 
people  of  Ohio  in  which  he  has  not  counselled 
submission  and  obedience  to  the  laws  and  the 
Constitution,  arid  advised  the  peaceful  remedies 
of  the  judicial  tribunals  and  of  the  ballot-box 
for  the  redress  of  grievances  and  for  the  evils 
which  ;  fillet  our  bleeding  and  suffering  coun 
try.  And,  were  it  not  foreign  to  the  purposes 
of  this  communication,  we  would  undertake  to 
establish  to  the  satisfaction  of  any  candid  per 
son  that  the  disturbances  among  the  people  to 
which  you  allude,  in  opposition  to  the  arrest  of 
deserters  and  the  draft,  have  been  occasioned 
mainly  by  the  measures,  policy,  and  conduct  of 
your  Administration,  and  the  course  of  its  po 
litical  friends.  But  if  the  circumstantial  evi 
dence  exists,  to  which  you  allude,  which  mak^s 
"it  next  to  impossible  to  repel  the  inference 
that  Mr.  Vallandigham  has  counselled  directly 
in  favor"  of  this  resistance,  and  that  the  same 
has  been  mainly  attributable  to  his  conduct, 
why  was  he  not  turned  over  to  the  civil  author 
ities  to  be  tried  under  the  late  acts  of  Congress? 
[f  there  be  any  foundation  in  fact  for  your 
statements  implicating  him  in  resistance  to  the 
constituted  authorities,  he  is  liable  to  such 
prosecution.  And  we  now  demand,  as  a  mere 
act  of  justice  to  him,  an  investigation  of  this 
matter  before  a  jury  of  his  country;  and  respect 
fully  insist  that  fairness  requires  either  that  you 
retract  these  charges  which  you  make  against 
him,  or  that  you  revoke  your  order  of  banish 
ment  and  allow  him  the  opportunity  of  an  in 
vestigation  before  an  impartial  jury. 

The  committee  do  not  deem  it  necessary  to 
repel  at  length  the  imputation  that  the  attitude 
of  themselves  or  of  the  Democratic  party  in 
Ohio  "  encourage  desertions,  resistance  to  the 
draft,  and  the  like."  Suggestions  of  that  kind 
are  not  unusual  weapons  in  our  ordinary  politi 
cal  contests.  They  rise  readily  in  the  minds 
of  politicians  heated  with  the  excitement  of 
partisan  strife.  During  the  two  years  in  which 
the  Democratic  party  of  Ohio  has  been  con 
strained  to  oppose  thrf  policy  of  the  Adminis 
tration,  and  to  stand  up  in  defence  of  the  Con 
stitution  and  of  personal  rights,  this  charge 
has  been  repeatedly  made.  It  has  fallen  harm 
less,  however,  at  the  feet  of  those  whom  it  was  | 
intended  to  injure.  The  committee  believe  it  j 
will  do  so  again.  If  it  were  proper  to  do  so  in 


!  this  paper,  they  might  suggest  that  the  measure* 
I  of  the  Administration,  and  its  changes  of  policy 
in  the  prosecution  of  the  war,  have  been  the 
fruitful  sources  of  discouraging  enlistments 
and  inducing  desertions,  and  furnish  a  reason 
for  the  undeniable  fact  that  the  first  call  tor 
volunteers  was  answered  by  very  many  more 
than  were  demanded,  and  that  the  next  call  for 
soldiers  will  probably  be  responded  to  by  draft 
ed  men  alone. 

The  observation  of  the  President  in  this  con 
nection,  that  neither  the  Convention  in  its 
resolutions,  nor  the  committee  in  its  communi 
cation,  intimate  that  they  '•  are  conscious  of  au 
existing  rebellion  being  in  progress  with  the 
avowed  object  of  destroying  the  Union,"  needs, 
perhaps,  no  reply.  The  Democratic  party  of 
Ohio  has  felt  so  keenly  the  condition  of  the 
country,  and  been  so  stricken  to  the  heart  by 
the  misfortunes  and  sorrows  which  have  be 
fallen  it,  that  they  hardly  deemed  it  necessary 
by  solemn  resolution,  when  their  very  State 
exhibited  everywhere  the  sad  evidences  of  war, 
to  remind  the  President  that  they  were  aware 
of  its  existence. 

In  the  conclusion  of  your  communication 
you  propose  that,  if  a  majority  of  the  com 
mittee  shall  affix  their  signatures  to  a  duplicate 
copy  of  it,  which  you  have  furnished,  they  shall 
stand  committed  to  three  propositions,  therein 
at  Tength  set  forth,  that  he  will  publish  the 
names  thus  signed,  and  that  this  publication 
shall  operate  as  a  revocation  of  the  order  of 
banishment.  The  committee  cannot  refrain 
from  the  expression  of  their  surprise  that  the 
President  should  make  the  fate  of  Mr.  Val 
landigham  depend  upon  the  opinion  of  this 
committee  upon  these  propositions.  If  the 
arrest  and  banishment  were  legal,  and  were 
deserved ;  if  the  President  exercised  a  power 
clearly  delegated,  under  circumstances  which 
warranted  its  exercise,  the  order  ought  not  to 
be  revoked,  merely  because  the  committee  hold, 
or  express,  opinions  accordant  with  those  of 
the  President.  If  the  arrest  and  banishment 
were  not  legal,  or  were  not  deserved  by  Mr. 
Vallandigham,  then  surely  he  is  entitled  to  an 
immediate  and  unconditional  discharge. 

The  people  of  Ohio  were  not  so  deeply  moved 
by  the  action  of  the  President  merely  because 
they  were  concerned  for  the  personal  safety 
and  convenience  of  Mr.  Vallandigham,  but  be 
cause  they  saw  in  his  arrest  and  banishment  an 
attack  upon  their  own  personal  rights;  and 
they  attach  value  to  his  discharge  chiefly  as 
it  will  indicate  an  abandonment  of  the  claim 
to  the  power  of  such  arrest  and  banishment. 
However  just  the  undersigned  might  regard  the 
principles  contained  in  the  several  propositions 
submitted  by  the  President,  or  how  much  so 
ever  they  might,  unuer  other  circumstances, 
feel  inclined  to  indorse  the  sentiments  contained 
therein,  yet  they  assure  him  that  they  have 
not  been  authorized  to  enter  into  any  bar 
gains,  terms,  contracts,  or  conditions  with 
the  President  of  the  United  States  to  procure 
the  release  of  Mr.  Vallandigham.  The  opin 
ions  ••  f  the  undersigned  touching  the  questions 
involved  in  these  propositions  are  well  known, 
have  been  many  times  publicly  expressed,  and 


ADMINISTRATION    OF    ABRAhAM   LINCOLN. 


175 


are  sufficiently  manifested  in  the  resolutions  of  announcement  of  the  "riddling"  of  the  Empire,  office  by 

the  convention  which  they  represent,  and  thev  "  I'urlou-hwi  soldiers."  I  offer  you  no  sympathy,  for  that 

.  ,  Tr  .%  .,  -  will  avail  nothing  now  or  hereafter.  I  do  express  to  you 

CanDOt  suppose  that  ihc  Pre  ident  <  xpects  that  my  profound reg-.et  that  you  were  not  prepared  to  inflict 

they  will  seek  the  discharge  of  Mr.  Valhindig-  on  law  spot,  and  in  tho  midst  of  the  assault,  the  complete 

ham  by  a  pledge  implying  not  only  an  imputa-  Pum';sh"ll'nt  which  tho  assailants  deserred;  but  am  grati- 

^  J.  ^  ..  ,  f.  j  , .  .  tied  to  learn  that  some  ot  them  did  soon  alter  receive  their 

tion  upon  their  own  sincerity  and  fidelity  as  cit-  deserts.  But  these  cowardly  act*  cannot  always  be  guarded 


.     _  plo  reprisals  upon  tho  persons  and  property 

which  they  and  the  convention  they  represent  of  the  men  at  homo  who,  by  language  and  conduct,  are  al- 
have  solemnly  protested.  And,  while  they  '  w sP  f*cl*ins  these  outrages. 

...  „   .,  uw    WIBJM      No  legal  nor  military  punishment  is  ever  inflicted  upon 

Have  asked  the  revocation  of  the  order  of  ban-  \  the  immediate  instruments.  Retaliation,  therefore,  is  the 
ishment  not  as  a  favor,  but  as  a  right  due  to  the  only  an(1  rightful  remedy  in  times  like  these.  I  speak  ad- 
people  Of  Ohio,  and  with  a  view  to  avoid  the  visedly.'/!nd  recommend  it  in  all  cases  hereafter.  It  is  of 

4.K.,.fT      f     '  ,.    .      ,  i.   "          no  avail  to  announce  the  falsehood  that  "  both  parties  con- 

possiblhty   of    conflict    or    disturbance    of   the     demn  it,"  after  the  destruction  has  been  consummated, 
public    tranquillity,    they    do  not    do    this,  nor  i  The  time  has  gone  by  for  obedience  without  protection.    I 
docs  Mr.  Vallandigham  desire  it,  at  any  sacri-  !  !£cak dec,idcd  language;  but  the  continual  recurrence  oj 
nf  tl,a;«  ri;«,  i       if  J  these  outages— frequently    attended  with    murder,  and 

hce  of  their  dignity  and  self-respect.  j  always    without    redress— demands    it.      They    must    be 

The  idea  that  such  a  pledge  as  that  asked  from    stopped,  let  the  consequences  be  what  they  may.    Repri- 
the  undersigned  would  secure  the  public  safety 
sufficiently   to   compensate   for  any  mistake  of 
the  President  in  discharging  Mr.  Vallandigham 


is,  in  their  opinion,  a  mere  evasion  of  the  grave 
questions  involved  in  this  discussion,  and  of  a 
direct  answer  to  their  demand.  And  this  is  made 
especially  apparent  by  the  fact  that  this  pledge 
is  asked  in  a  communication  which  concludes 
with  an  intimation  of  a  disposition  on  the  part 
of  the  President  to  repeat  *.he  acts  complained  of. 
The  undersigned,  therefore,  having  fully  dis 
charged  the  duty  enjoined  upon  them,  leave 
4he  responsibility  with  the  President. 

M\  BIRCHARD,  IQth  Dist.,  Chairman. 

DAVID  IIOUK,  Sec'y,  3d  Dist. 

GEO.  BLISS,  14th  Dint. 

T.  W.  HARTLEY,  8th  Dist. 

W.  J.  GORDON,  18th  Dist. 

JOHN  O'NEILL,  13th  Dist. 

C.  A.  WHITE,  Qth  Dist. 

W.  E.  FINCK,  12th  Dist. 

ALEXANDER  LONG,  2d  Dist. 

JAS.  R.  MORRIS,  15th  Dist. 

GEO.  S.  CONVERSE,  1th  Dist. 

GEO.  II.  PENDLETON,  1st  Dist. 

W.  A.  IIUTCHINS,  llth  Dist. 

A.  L.  BACKUS,  IQth  Dist. 

J.  F.  McKINNEY,  4th  Dist. 

J.  W.  WHITE,  lWi  Dist. 

F.  c.  LKBLOND,  MI.  Dist. 

LOUIS  SCIUEFl'ER,  nth  Dist. 
WARREN  P.  NOBLE,  9th  Dist. 

The  Ccue  before  the  United  States  Supreme  Court. 

WASHINGTON,  February  15,  1864. 

The  case  of  Mr.  Vallandigham,  ex  parte,  was  decided  in 
tho  Supreme  Court  of  the  United  States  to-day.  The  peti 
tioner  asked  that  the  writ  ofcerliorari  be  directed  to  the 
Judge  Advocate  General  for  a  revision  of  the  proceedings  of 
the  Military  Commission  which  tried  him,  the  jurisdiction  of 
which  was  denied  as  extending  to  the  case  ol  a  civilian  and 
the  object  being  to  have  the  sentence  annulled  on' the 
ground  of  illegality.  The  Judge  Advocate,  Col.  Holt,  had 
responded  in  a  written  argument  that  the  Com  t  might  with 
as  m i;ch  propriety  be  called  upon  to  restrain,  by  it  junction 
the  proceedings  of  Congress,  ns  to  revise  by  certiorari  and 
re  terse  the  proceedings  of  the  military  authority  in  tiino 
of  war  in  the  punishment  of  all  military  offences,  according 
to  the  usages  pi  civilized  nations  and  the  power  given  b'y 
t.ie  Constitution  and  laus  of  the  United  States  for  the 

inmon  defence  and  public  safety 

Justice  Wayne  to  day  delivered  the  opinion  of  the  Cfurt, 
rofuBh  g  the  writ,  on  the  ground  that  even  if  the  arrest, 
trial,  and  punishment  of  VallanJigham  were  illegal  <hore 
is  no  authority  in  the  Chart  to  Krnnt  relief  in  this  mode 
Mid  that  there  is  no  law  by  which  any  appeal  or  proceedings 
i  the  nature  of  an  appeal  from  a  Military  Commission  to 
the. Supreme  Court,  can  be  taken. 

His  Letter  on  "  Retaliaticm." 

WINDSOR,  C.  W.,  March  7  1864 
Messrs.  HUBBARD  AND  BROTHER,  Dayton,  Ohio: 
GENTLEMEN  :   I  read,  several  days  ago,   the  telegraphic 


:h  cases  are  now  the  only  way  left  for  a  return  to 
Very  truly,  C.  L.  VALLANDIGHAM. 

Mr.  Vallandigham' s  Return  and  Address. 
1864,  June  15 — Mr.  Vallandigham   returned 
to  Ohio,  and  that  day  addressed  the  Democratic 
Convention  at  Hamilton,  Ohio,  as  follows: 

MEN  OF  Oriio:  To-day  I  am  again  in  your  midst  and  upon 
the  soil  of  my  native  State.  To-day  I  am  once  more  within 
the  district  which  for  ten  years  extended  to  me  the  highest 
confidence,  and  three  times  honored  me  as  its  Representa 
tive  in  the  Congress  of  tho  United  States.  I  was  accused  of 
no  crime  against  tho  Constitution  or  laws,  and  guilty  of 
none.  But  whenever  and  wherever  thus  charged  upon  duo 
process  of  law,  I  am  now  here  ready  to  answer  before  any 
civil  court  of  competent  jurisdiction,  to  a  jury  of  my  coun 
trymen,  and  in  tho  meantime  to  give  bail  in  any  sum  which 
any  judge  or  court,  State  or  Federal,  may  affix,  and  you.  the 
186,000  Democrats  of  Ohio,  I  offer  as  my  sureties.  ' 

Never  for  one  hour  have  I  remained  in  exile  because  I 
recognized  any  obligation  of  obedience  to  the  unconstitu 
tional  and  arbitrary  edict.  Neither  did  personal  fear  ever 
restraiD  me.  And  to-day  I  return  of  my  own  act  and  pleas 
ure,  because  it  is  my  constitutional  and  legal  right  to  return. 
Only  by  an  exertion  of  arbitrary  power,  itself  against  the 
Constitution  and  law,  and  consummated  by  military  force,  I 
was  abducted  from  my  home  and  forced  into  banishment. 
The  assertion  or  insinuation  of  the  President  that  I  was  ar 
rested  "  because  laboring,  with  some  effect,  to  prevent  the 
raising  of  troops,  and  to  encourage  desertions  from  the 
army,"  and  was  responsible  for  numerous  acts  of  resistance 
to  the  draft  and  to  the  arrest  of  deserters,  causing  "assassi 
nation,  maiming,  and  murder,"  or  that  at  any  time,  in  any 
way,  I  had  disobeyed  or  failed  to  counsel  obedience  to  the 
lawful  authority,  or  even  to  the  semblance  of  law,  is  abso 
lutely  false. 

I  appeal  for  the  proof  to  every  speech  I  ever  made  upon 
those  questions,  and  to  the  very  record  of  the  mock  Military 
Commission  by  the  trial  and  sentence  of  which  I  was  out 
raged.  No ;  the  sole  offence  then  laid  to  my  charge  was 
words  of  criticism  of  the  public  policy  of  the  Administra 
tion,  addressed  to  open  and  public  political  meetings  of  my 
fellow-citizens  of  Ohio,  lawfully  and  peaceably  assembled. 
And  to-day,  my  only ''crime"  is,  that  in  the  w;>y  which 
they  call  treason,  worship  I  the  Constitution  of  rny  fathers. 
But  for  now  more  than  one  year,  no  public  man  has  been 
arrested,  and  no  newspaper  suppressed  within  the  States 
adhering  still  to  the  Union,  for  the  expression  of  political 
opinion ;  while  hundreds,  in  public  assembly  and  through 
the  press,  have,  with  a  license  and  violence  in  which  I  aerer 
indulged,  criticised  and  condemned  the  acts  and  policies  of 
the  Administration,  and  denounced  the  war,  maiut'iimn"- 
even  the  propriety  and  necessity  of  tho  recognition  of 
southern  independence. 

Indorsed  by  nearly  two  hundred  thousand  freemen  of  the 
Democratic:  party  of  my  native  State  at  the  late  election* 
and  still  with  the  sympathy  and  support  of  millions  more! 
I  do  not  mean  any  longer  to  be  the  only  man  of  that  party 
who  is  to  bo  the  victim  of  arbitrary  power.  If  Abraham 
Lincoln  eeeks  my  life,  let  him  so  declare;  but  he  sir. 11  not 
again  restrain  me  of  my  personal  liberty  except  upon  "due 
process  of  law."  Tho  unconstitutional  and  monstrous 
"Order  08,  under  which  alone  I  was  arre.-sted  thirteen 
months  ago,  was  defied  and  spit  upon  at  your  St-'to 
convention  of  1S63,  by  the  gallant  gentleman  who  bore  iha 
standard  as  your  candidate  for  Lieutenant  Governor,  and  by 


176 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


every  Democratic  press  and  public  speaker  ever  since.  It  is 
dead.  From  the  lirst  it  was  against  the  Constitution  and 
laws,  and  without  validity ;  and  nil  proceedings  under  it 
were  and  are  utterly  null  and  void  and  of  no  effect. 

The  indignant  voice  of  condemnation  long  since,  went 
forth  from  the  vast  majority  of  the  people  and  presses  of 
America  ami  from  all  free  countries  in  Europe  with  <  ntire 
unanimity.  And  more  recently,  too,  the  •'  platform"  of  an 
eai  nest,  numerous,  and  most  formidable  Convention  of 
the  sincere  Republicans,  and  still  further,  tho  emphatic 
letter  of  acceptance  by  the  candidate  of  that  Convention, 
Gen.  John  C.  Fremont,  the  first  candidate  also  of  the  Re 
public  in  party  for  tho  Presidency  eight  years  aero,  upon 
the  rallying  cry  of  "Free  speech  and  a  free  Press."  give  re- 
nenewed  hope  that  at  l:;st  the  reign  of  arbitrary  power 
id  about  to  be  brought  to  an  end  i:i  the  United  States.  It- 
is  neither  just  nor  fit,  therefore,  that  the  wrongs  indicted 
under  "  Order  38,"  and  the  other  edicts  and  nets  of  such 
power,  should  be  any  longer  endured — certainly  not  by  me 
alone. 

But  every  ordinary  means  of  redress  has  first  been  ex 
hausted;  yet  either  by  the  direct  agency  of  the  Adminis 
tration  and  its  subordinates,  or  through  its  influence  or 
intimidation,  or  because  of  want  of  jurisdiction  in  the  civil 
courts  which  no  American  in  former  times  conceived  to  be 
possible  here,  a  1  have  tailed.  Counsel  applied  in  my  behalf 
to  an  unjust  judge  IV r  the  writ  of  habeas  corpus.  It  was 
denied;  and  now  the  privilege  of  that  writ  is  suspended  by 
act  of  Congress  and  Executive  order  in  every  State.  The 
IVmocratio  Convention  of  Ohio,  one  year  ago.  by  a  resolu 
tion  formally  presented  through  a  committee  of  your  best 
find  ablest  men  in  person,  at  Washington,  demanded  of 
the  President,  in  behalf  of  a  very  large  minority  of  the 
people,  a  revocation  of  the  edict  of  banishment. 

Pretending  that  the  public  safety  then  required  it,  he 
refused ;  saying,  at  the  same  time,  that  "  it  would  afford  him 
pleasure  to  comply  as  soon  as  he  could  by  any  means  be 
made  to  believe  that  the  public  safety  would  riot  suffer  by 
it."  One  year  has  elapsed,  yet  this  hollow  pretence  is  still 
tacitly  asserted,  and  to-day  I  am  here  to  prove  it  unfounded 
in  fact.  I  appealed  to  tho  Supreme  Court  of  the  United 
States;  and  because  Congress  had  never  conferred  jurisdic 
tion  in  behalf  of  a  citizen  tried  by  a  tribunal  unknown  for 
s.uch  purpose,  to  the  laws,  and  expressly  forbidden  by  the 
Constitution,  it  was  powerless  to  redress  the  wrong.  The 
time  has,  therefore,  arrived,  when  it  becomes  me  as  a  citi 
zen  of  Ohio  and  of  tlie  United  States,  to  demand,  and,  by 
my  own  net,  to  vindicate  the  rights,  liberties,  and  privileges 
which  I  never  forfeited,  but  of  which,  for  so  many  months, 
I  have  been  deprived. 

Wherefore,  men  of  Ohio,  I  am  again  in  your  midst  to-day. 
I  owe  duties  to  the  State,  and  am  here  to  discharge  them. 
I  have  rights  as  a  citizen,  and  am  here  to  assert  them  ;  a 
wii'e,  and  child,  and  home,  and  would  enjoy  all  the  pleas 
ures  which  are  implied  in  those  cheerful  words.  But  I  am 
bore  for  peace,  not  disturbance ;  for  quiet  not  convulsion; 
for  order  and  law,  not  anarchy.  Let  no  man  of  the  Demo 
cratic  party  begin  any  act  of  violence  or  disorder;  but  let 
none  shrink  from  any  responsibility,  however  urgent,  if 
forced  upon  him.  Careful  of  the  rights  of  others,  let  him 
Bae  to  it  that  he  fully  and  fearlessly  exacts  his  own.  Sub 
ject  to  rightful  authority  in  all  things,  let  him  submit  to 
excess  or  usurpation  in  nothing.  Obedient  to  the  Consti- 
iion<aml  law,  let  him  demand  ;ind  have  the  lull  measure  of 
protection  which  law  and  Constitution  secure  to  him. 

Men  of  Olu'o:  You  have  already  vindicated  your  right  to 
hear  ;  it  is  now  my  duty  to  assert  my  right  to  speak.  Where 
fore,  as  to  the  sole  offence  for  which  I  was  arrested,  impris 
oned,  and  banished — free  speech  in  criticism  and  condemna 
tion  of  the  Administration — an  Administration  fitly  described 
in  a  recent  public  paper  by  one  of  its  early  supporters, 
•'  marked  at  home  by  disregard  of  constitutional  rights,  by 
its  violation  of  personal  liberty  and  tho  liberty  of  the  press, 
and,  as  its  crowning  shame,  by  its  abandonment  of  the  right 
of  asylum,  a  right  especially  dear  to  all  free  nations  abroad,'' 
I  repeat  it  here  to-day,  and  will  again  and  yet  again  so  long 
as  I  live,  or  the  Constitution  and  our  present  form  of  Gov 
ernment  shall  survive. 

Tho  words  then  spoken  and  the  appeal  at  that  time  made, 
and  now  enforced  by  one  year  more  of  taxation  and  debt, 
and  of  blood  and  disaster,  entreating  the  people  to  change  the 
public  servants  and  their  policy,  not  by  force,  but  peaceably, 
through  tho  ballot,  I  now  and  here  reiterate  in  their  utmost 
extent,  and  with  all  their  significancy  I  repeat  them,  one 
and  all,  in  no  spirit  of  challenge  or  bravado,  but  as  earnest, 
sober,  solemn  truth  and  warning  to  the  people. 

Upon  another  .subject  allow  me  here  a  word: 

A  powerful,  widely-spread  and  very  dangerous  secret,  oath- 
bonnd  combination  among  tho  friends  of  the  Administra 
tion,  known  as  the  "  Loyal  Union  League,''  exists  in  every 
State,  yet  the  very  men  who  control  it  charge  persistently 
upon  the  members  of  tho  Democratic  party,  that  they  have 
organized — especially  in  the  North  West — the  "Order  of 
Knights  of  the  Golden  Circle,"  or  some  other  .secret  society, 


treasonable  or  "  disloyal "  in  its  character  affiliated  with  the 
South,  and  for  the  purpose  of  armed  resistance  to  the  Fed 
eral  and  State  Government*.  Whether  any  such  ever  existed 
I  do  not  know;  but  tho  charge  that  organisations  of  that 
sort,  or  having  any  such  purpose,  do  now  exist  mnong  mem 
bers  of  that  party  in  Ohio  or  other  non-el avcholding  States, 
is  totally  and  positively  false. 

That  lawful  political  or  party  associations  have  been  es 
tablished,  having,  as  tlieir  object,  the  organizing  and 
strengthening  of  the  Democratic  party,  and  its  success  in 
the  comino;  Presidential  ele  tion,  and  designed  as  a  counter- 
movement  to  the  so-called  "  Union  Leagues,"  and.therefore, 
secret  in  their  proceedings,  is  very  probable,  and  however 
objectionable  hitherto,  and  in  ordinary  times,  I  re-ognize 
to  the  fullest  extent,  not  the  lawfulness  only,  but  the  pro 
priety  and  recessity  of  euch  organizations — for  '•  when  bad 
men  combine  good  men  must  associate."  But  they  arc  no 
conspiracy  against  the  Government,  and  their  members 
are  not  conspirators,  but  patriots  ;  men  not  leagued  toge 
ther  for  the  overthrow  of  the  Constitution  or  the  lawn,  and 
still  less,  of  liberty,  but  firmly  united  for  the  preservation 
and  support  of  these  great  objects. 

There  is.  indeed,  a ''conspiracy"  very  powerful,  very  an 
cient,  and  I  trust  that  betore  long  I  may  add,  strongly 
consolidated  also,  upon  HO  :nd  principles,  and  destined  jet 
to  be  triumphant — a  conspiracy  known  as  the  Democratic 
party,  the  present  object  or  which  is  the  overthrow  of  :he 
Administration  in  November  next,  not  by  force  but  throu  h 
the  ballot-box,  the  election  of  a  President  who  shall  be  true 
to  his  oath,  to  Liberty  and  the  Constitution.  This  is  the 
sole  conspiracy  of  which  I  know  anything;  and  I  em 
proud  to  be  one  of  the  conspirators.  If  any  other  exist, 
looking  to  un-!aw!ul  armed  resistance  to  the  Federal  State 
authorities  anywhere,  in  the  exercise  of  their  legal  and 
constitutional  rights,  I  admonish  all  persons  concerned, 
that  ibe  act  is  treason,  and  the  penalty  death. 

But  I  warn  also  the  men  in  power  that  there  is  a  vast  mul 
titude,  a  host  whom  they  cannot  number,  bound  together  by 
the  strongest  and  holiest  ties,  to  defend,  by  whatever  means 
tho  exigencies  of  the  times  shall  demand,  their  natural  rnd 
constitutional  rights  as  freemen,  at  all  hazards  and  to  the 
last  extremity. 

Three  years  have  now  passed,  men  of  Ohio,  and  the  great 
issue — constitutional  liberty  and  free  popular  government — 
is  still  before  you.  To  you  I  again  commit  it,  confident  that 
in  this,  the  time  of  their  greatest  peril,  you  will  be  found 
worthy  of  the  ancestors  who  for  so  many  ages,  in  England 
and  America,  on  the  field,  in  prison,  and  \ipoii  tho  scaffold, 
defended  them  against  tyrants  and  usurpers,  whether  in 
councils  or  in  arms. 

June  17 — He  is  reported  to  have  thus  spoken 
in  response  to  a  serenade,  in  Dayton  : 

MY  FRIENDS  :  I  greet  you  to-night  as  you  greet  me,  and  I 
can  truly  say,  that  from  tlu's  demonstration  it  is  evident 
you  are  determined  to  support  those  principles  which  I  have 
advocated  and  have  suffered  for.  To  me,  this  demonstra 
tion  was  unexpected,  and  I  appear  only  to  make  my  renewed 
acknowledgment  to  you  for  this  continued  expression  of 
kindly  feeling. 

Ho  would  make  no  threats,  but  he  did  not  come  from  a 
foreign  country  without  a  deliberate  calculation  of  the  cause 
and  the  consequences,  and  a  deliberate  preparation  to  meet 
them.  lie  could  be  taken  by  any  due  civil  process,  by  any 
crippled  constable,  but  without  that  no  force  could  do  it. 
Three  hundred  men,  armed  to  the  teeth,  would  not  t'.gaiu 
find  him  in  his  house  after  the  door  had  been  buttoii"d 
down,  but  they  would./tnrf  him  the  next  day  and  not  far  r</T, 
[immense  cheers,]  and  if  any  military  commander  of  the 
President  were  to  undertake' such  an  arrest  he  warned  theiu 
that  in  this  town  the  persons  and  property  of  those  insti 
gating  such  a  proceeding  would  be  held  as  hostage.  He 
should  urge  an  eye  for  an  eye,  and  a  tooth  for  a  tooth,  so 
help  him  ever  living  Jehovah. 

lie  appeared,  not  to  speak  upon  questions  of  politics,  he 
said,  nor  to  add  to  what  he  had  said  the  day  before. 

He  hud  come,  he  said,  for  the  purpose  of  living  at  homo 
with  the  wife  of  his  bosom  and  his  child,  to  live  in  his  own 
homo  from  which  ho  had  been  torn  tliirtecii  months  before, 
and  to  receive  in  quiet  the  calls  of  his  friends.  He  did  not 
expert  to  be  again  molested  unless  by  men  in  this  city,  and 
the  rormer  scenes  revived.  "  If  this  be  deme-,"  he-  said,  •'  / 
warn  them  that  the  result  will  be  such  as  compared  to  it,  the 
other  was  but  dust  in  the  scale." 

He  then  reviewed  his  personal  and  political  history  defy 
ing  any  person  to  show  wherein  he  had  merited  the  treat 
ment  he  had  received.  He  again  repeated  that  he  di-.sir-d 
no  disturbance,  and  believed  there  would  be  none,  lie  did 
not  believe  there  would  be  any  attempt  to  arrest  him 
again,  but  should  there  be,  he  repeated  his  warning,  not,  as 
he  said,  in  a  spirit  of  bravado,  but  to  let  his  friends  know 
that  he  and  his  friends  were  prepared  for  any  emergency. 
Thia  he  several  times  repeated. 


ADMINISTRATION    OP    ABRAHAM    LINCOLN. 


177 


He  then  announced  his  intention  of  beeping  his  mouth 
cloeau  until  after  the  Democratic  Convention  at  Chicago, 
when  he  would  make  his  purpose  known. 

CINCINNATI,  June  17. 

A  despatch  from  Dayton  to  the  Commercial  says :  "  There 
ie  bat  lit  tie  doubt  that  Vallandigham's  arrival  was  unex 
pected  to  his  friends.  His  house  was  open  yesterday  and  a 
large  number  of  his  friends  called  on  him." 

Vallandigham s  Return. 

A  Washington  dispatch  to  the  New  York  Herald  says : 
"A  key  to  the  policy  of  the  President  to  be  pursued  to 
ward  Vallandigham  has  been  recently  given  in  a  meeting 
between  the  Kentucky  delegation  in  Congress  and  Mr.  Lin 
coln  relative  to  the  case  of  Colonel  Wolford.  This  officer,  it 
will  be  remembered,  was  arrested  by  General  Burbridge 
and  sent  to  Washington,  where  he  has  since  remained,  re 
porting  daily  to  the  War  Department.  In  answer  to  the 
request  that' the  order  of  General  Burbridge  be  rescinded, 
the  President  replied  that  he  should  not  depart  from  the 
policy  before  pursued  concerning  Vallandigham.  Mr.  Mai- 
lory  remarked  that  the  Vallandigham  order  was  inoperative, 
that  individual  having  returned  to  Ohio.  Mr.  Lincoln  re 
plied,  in  substance,  that  he  had  no  official  knowledge  of 
r  jj  smdighauvs  return,  and  that  when  Mr.  Vallandigham 
made  his  presence  known  by  objectionable  acts,  the  Execu 
tive  would  be  prepared  to  act.  The  application  in  favor  of 
Colonel  Wolford  was  not  granted." 

SUSPENSION   OF   THE   WRIT  OF  HA 
BEAS  COBPUS. 
1861. 

April  27 — The  PRESIDENT  issued  to  Lieut. 
General  Scott  this  order: 

You  are  engaged  in  suppressing  an  insurrection  against 
the  laws  of  the  United  States.  If  at  any  point  on  or  in  the 
vicinity  of  any  military  line  which  is  now  or  whicli  shall 
he  used  between  the  city  of  Philadelphia  and  the  city  of 
Washington,  you  find  resistance  which  renders  it  necessary 
to  suspend  the  writ  of  habeas  corpus  for  the  pubiic  safety, 
you  personally,  or  through  the  officer  in  commune!,  at  the 
point  at  which  resistance  occurs,  are  authorized  to  suspend 
that  writ.  ABRAHAM  LINCOLN. 

By  tlie  President: 

WM.  H.  StWARD,  Secretary  of  State. 

July  2 — This  order  was  extended  to  the  mili 
tary  line  between  New  York  and  Washington. 

May  10 — The  PRESIDENT  issued  a  proclama 
tion  authorizing  the  commander  of  the  forces  of 
the  United  States  on  the  Florida  coast,  "if  he 
shall  find  it  necessary,  to  suspend  there  the 
writ  of  habeas  corpus,  and  to  remove  from  the 
vicinity  of  the  United  States  fortresses  all  dan 
gerous  or  suspected  persons." 

1862. 
WASHINGTON,  September  24. 

Whereas,  it  has  become  necessary  to  call  into 
service,  not  only  volunteers,  but  also  portions 
of  the  tnilitia  of  the  State  by  draft,  in  order  to 
suppress  tbe  insurrection  existing  in  the  United 
States,  ani  disloyal  persons  are  not  adequately 
restrained  by  the  ordinary  processes  of  law  from 
hindering  this  measure,  and  from  giving  aid  and 
comfort  in  various  ways  to  the  insurrection  : 

Now,  therefore,  be  it  ordered  : 

First.  That  during  the  existing  insurrection, 
and  as  :i  necessary  measure  for  suppressing  the 
eame,  all  rebels  and  insurgents,  their  aiders  and 
abettors,  within  the  United  States,  and  all  per 
sons  discouraging  volunteer  enlistments,  resist 
ing  military  drafts,  or  guilty  of  any  disloyal 
practice  affording  aid  and  comfort  to  the  reb 
els  against  the  authority  of  the  United  States, 
shall  be  subject  to  martial  law,  and  liable  to 
trial  and  punishment  by  courts-martial  or  mili 
tary  commission. 

Second  That  the  writ  of  habeas  corpus  is  sus 
pended  in  respect  to  all  persons  arrested,  or  who 

12 


are  now,  or  hereafter  during  the  rebellion  shall 
be,  imprisoned  in  any  fort,  camp,  arsenal,  mili 
tary  prison,  or  other  place  of  confinement,  by 
any  military  authority,  or  by  the  sentence  of  any 
court-martial  or  military  commis  ion. 

In  witness  whereof,  I  have  hereunto  set  my 
band  and  caused  the  seal  of  the  United  States 
to  be  affixed. 

Done  at  the  city  of  Washington,  this  twemy- 
fourth  day  of  September,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two, 
ind  of  the  independence  of  the  United  States 
the  eighty-seventh. 

ABRAHAM  LINCOLN. 

By  the  President: 

WM.  H.  SEWABD,  Secretary  of  State. 

1863. 

GENERAL    SUSPENSION    OF    THE    WRIT. 

Whereas  the  Constitution  of  the  United  States 
has  ordained  that  the  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended  unless  when 
in  cases  of  rebellion  or  invasion  the  public  safety 
may  require  it;  and  whereas,  a  rebellion  was 
existing  on  the  3d  day  of  March,  1863,  which 
rebellion  is  still  existing :  and  whereas  by  a 
statute  which  was  approved  on  that  day  it  waa 
enacted  by  the  Senate  and  House  of  Representa 
tives  of  the  United  States  in  Congress  assem 
bled,  that  during  the  present  insurrection  the 
President  of  the  United  States,  whenever  in  his 
judgment  the  public  safety  may  require,  is 
authorized  to  suspend  the  privilege  of  the  writ 
of  habeas  corpus  in  any  case  throughout  the 
United  States,  or  any  part  thereof;  and  whereas 
in  the  judgment  of  the  President  the  public 
safety  does  require  that  the  privilege  of  the  said 
writ  shall  now  be  suspended  throughout  the 
United  States  in  the  cases  where,  by  the  author 
ity  of  the  President  of  the  United  States,  mili 
tary,  naval,  and  civil  officers  of  the  United  States, 
or  any  of  them,  hold  persons  under  their  com 
mand  or  in  their  custody  either  as  prisoners  of 
war,  spies,  or  aiders  or  abettors  of  the  enemy,  or 
officers,  soldiers,  or  seamen  enrolled  or  drafted 
or  mustered  or  enlisted  in  or  belonging  to  the 
land  or  naval  forces  of  the  United  States,  or  as 
deserters  therefrom,  or  otherwise  amenable  to 
the  military  law  or  the  Rules  and  Articles  of 
War,  or  the  rules  or  regulations  prescribed  ibr 
the  military  or  naval  services  by  authority  of 
the  President  of  the  United  States,  or  for  re 
sisting  a  draft,  or  for  any  other  offence  against 
the  military  or  naval  service  : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  Presi 
dent  of  the  United  States,  do  hereby  proclaim 
and  make  known  to  all  whom  it  may  concern, 
that  the  privilege  of  the  writ  of  habeas  corpus  is 
suspended  throughout  the  United  States  in  the 
several  cases  before  mentioned,  and  that  this 
suspension  will  continue  throughout  the  dura 
tion  of  the  said  rebellion,  or  until  this  procla 
mation  shall,  by  a  subsequent  one  to  be  issued 
by  the  President  of  the  United  States,  be  modi 
fied  or  revoked.  And  I  do  hereby  require  all 
magistrates,  attorneys,  and  other  civil  officers 
within  the  United  States,  and  all  officers  and 
others  in  the  military  and  naval  services  of  the 
United  States,  to  take  distinct  notice  of  this 
suspension,  and  to  give  it  full  effect,  and  all 


178 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


citizens  of  the  United  States  to  conduct  and 
govern  themselves  accordingly  and  in  conform 
ity  with  the  Constitution  of  the  United  States 
and  the  laws  of  Congress  in  such  case  made 
and  provided. 

In  testimony  whereof,  I  have  hereunto  set 
my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed,  thus  15th  day  of  September, 
1863,  and  the  independence  of  the  United  States 
of  America  the  eighty-eighth. 

'ABRAHAM  LINCOLN. 

By  the  President : 

WM.  H.  SEWARD,  Secretary  of  State. 

1864. 

SUSPENSION    OF    THE  WRIT    IN    KENTUCKY. 

Whereas,  by  a  proclamation   which   was  is 


sued  on  the  15th  day  of  April,  1861,  the  Presi 
dent  of  the  United   States  announced  and  de 
clared  that  the  laws  of  the  United  States  had 
been   for   some  time  past,  and  then   were,  op 
posed  and  the  execution  thereof  obstructed,  in 
certain  States  therein  mentioned,  by  combina 
tions  too  powerful  to   be  suppressed  by  the  or 
dinary   course  of  judicial   proceedings,  or  by 
the  powers  vested  in  the  marshals  by  law  ;   and 
whereas,  immediately  after  the  issuing  of  the 
said  proclamation,  the  land  and  naval  forces  of 
the  United  States  were  put  into  activity  to  sup 
press  the  said  insurrection  and  rebellion ;  and 
whereas  the  Congress  of  the  United  States,  by 
an  act  approved  on  the  3d  day  of  March,  1863, 
did  enact    that  during    the    said  rebellion  the 
President  of  the    United    States,    whenever  in 
his  judgment  the  public  safety  may  require  it, 
is  authorized  to  suspend  the  privilege  of  the 
writ  of  habeas  corpus  in  any  case  throughout 
the  United  States,  or  in  any  part  thereof;   and 
whereas   the    said   insurrection  and  rebellion 
still  continue,  endangering  the  existence  of  the 
Constitution  and   Government    of    the    United 
States  ;  and  whereas  the  military  forces  of  the 
United  States  are  now  actively  engaged  in  sup 
pressing  the  said  insurrection  and  rebellion  in 
various  parts  of  the  States  where  the  said  re 
bellion  has  been   successful  in   obstructing  the 
laws  and  public  authorities,  especially  in  the 
States  of  Virginia  and  Georgia; 

And  whereas,  on  the   fifteenth  day  of  Sep 
tember  last,  the  President  of  the  United  States 
duly  issued  his  proclamation,  wherein  he  de 
clared  that  the  privilege  of  the  writ  of  habeas 
corpus   should   be    suspended   throughout   the 
United  States  in  cases  where,  by  the  authority 
of  the  President  of  the  United  States,  military, 
naval,  and  civil  officers  of  the  United  States, 
or  any  of  them,  hold  persons  under  their  com 
mand  or  in  their  custody,  either  as  prisoners  of 
war,  spies,  or  aiders  or  abettors  of  the  enemy, 
or  officers,  soldiers,  or  seamen  enrolled  or  draft 
ed  or  mustered  or  enlisted  in  or  belonging  t.o 
the  laud  or  naval  forces  of  the  United  States  or 
as  deserters  therefrom,  or  otherwise  amenable 
to  military  law  or  the  rules  and  articles  of  war, 
or  the  rules  or  regulations  prescribed  for  the 
military  or  naval  service  by  authority  of  the 
President  of  the  United  States,  or  for  resisting 
a  draft,  or  for  any  other  offence  against  the 
military  or  naval  service; 

And  whereas  many  citizens  of  the  State  of 


Kentucky  have  joined  the  forces  of  the  insur 
gents,  and  such  insurgents  have  on  several  oc 
casions  entered  the  said  State  of  Kentucky  iu 
large  force,  and,  not  without  aid  and  comfort 
furnished  by  disaffected  and  disloyal  cLizens  of 
the  United  States  residing  therein,  have  not 
only  greatly  disturbed  the  public  peace,  but 
have  overborne  the  civil  authorities  and  made 
flagrant  civil  war,  destroying  property  and  life 
u  various  parts  of  that  State  ; 

And  whereas  it,  has  been  made  known  to  the 
President  of  the  United  States  by  the  officers 
commanding  the  national  armies  that  combina- 
ions  have  been  formed  in  the  said  S^ate  of 
Kentucky  with  a  purpose  of  inciting  rebel 
forces  to  renew  the  said  operations  of  civil  war 
within  the  said  State,  and  thereby  to  embarass 
the  United  States  armies  now  operating  in  the 
said  States  of  Virginia  arid  Georgia,  and  even 
to  endanger  their  safety : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  Presi 
dent  of  the  United  States,  by  virtue  of  the  au 
thority  vested  in  me  by  the  Constitution  and 
[aws,  do  hereby  declare  that,  in  my  judgment, 
the  public  safety  especially  requires  that  the 
suspension  of  the  privilege  of  the  writ  of  habeas 

i       •  i     •  __       j  1 •    1    ^1  ,  „ 


torpus,  so  proclaimed  in  the  said  proclamation 
of  the  15th  of  September,  1863,  be  made  effec 
tual  and  be  duly  enforced  in  and  throughout 
the  said  State  of  Kentucky,  and  that  martial 
law  be  for  the  present  established  therein.  I 
do,  therefore,  hereby  require  of  the  military 
officers  in  the  said  State  that  the  privileges  ot 
the  writ  of  habeas  corpus  be  effectually  sus 
pended  within  the  said  State,  according  to  the 
aforesaid  proclamation,  arid  that  martial  law 
be  established  therein,  to  take  effect  from  the 
date  of  this  proclamation,  the  said  suspension 
and  establishment  of  martial  law  to  continue 
until  this  proclamation  shall  be  revoked  or 
modified,  but  not  beyond  the  period  when  the 
said  rebellion  shall  have  been  suppressed  or 
come  to  an  end.  And  I  do  hereby  require  and 
command,  as  well  all  military  officers  as  all  civil 
officers  and  authorities  existing  or  found  within 
the  said  State  of  Kentucky,  to  take  notice  of 
this  proclamation  and  to  give  full  effect  to  the 


The  martial  law  herein  proclaimed,  and  the 
:hiugs  in  that  respect  herein  ordered,  will  not 
be  deemed  or  taken  to  interfere  with  the  hold 
ing  of  lawful  elections,  or  with  the  proceedings 
of°the  constitutional  Legislature  of  Kentucky, 
or  with  the  administration  of  justice  in  the 
courts  of  law  existing  therein  between  citizens 
of  the  United  States  in  suits  or  proceedings 
which  do  not  affect,  the  military  operations  or 
the  constituted  authorities  of  the  Government 


of  the  United  States. 
In   testimony  whereof 


have  hereunto  set 


my  hand  and  caused  the   seal   of  the   United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  5th  day 
of  July,  in  the  year  of  our  Lord,  1864,  and  of 
the  independence  of  the  United  States  th« 
eighty-ninth. 

ABRAHAM  LINCOLN. 
By  the  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

The    Military   Governors,    appointed   by  tho 


ADMINISTRATION   OF   ABRAHAM   LINCOLN. 


179 


President,  were  clothed  with  like  power.    This 
is  the  letter  of  appointment: 

WAR  DEPARTMENT, 
WASHINGTON  CITY.  D.  C.,  May  19, 1862. 

SIR:  You  are  hereby appointed  military  governor  of  the 
State  of  North  Carolina,  with  authority  to  exercise  and 
perform  within  the  limits  of  that  State  all  and  singular  the 
powers,  duties,  and  functions  pertaining  to  the  office  of  mili 
tary  governor,  (including  the  power  to  establish  all  neces 
sary  offices  and  tribunals,  and  suspend  the  writ  of  habeas 
ctrpw.O  during  the  pleasure  of  the  President,  or  until  the 
loyal  inhabitants  of  that  State  shall  organize  a  civil  gov 
ernment  in  conformity  with  the  Constitution  of  the  United 
States.  EDWIN  M.  STANTON, 

Secrtfary  of  War. 

NOTE. — Major  General  MCCLELLAN  authorized  Gen<>ral 
BANKS  to  suspend  the  writ  of  habeas  corpus,  if  necessary  in 
carrying  out  the  instructions  of  the  former  for  the  arrest  of 
certain  members  of  th •;  Maryland  Legislature  in  October, 
]8G1.  (See  ''  Military  Orders  respecting  Elections."; 

ACTION    OF    CONGRESS. 
First  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

1861,  July  29 — Mr.  TRUMBULL,  from  the  Com 
mittee  on  the  Judiciary,  reported  back  the  me 
morial  of  Charles  Howard  and  others,  Police 
Commissioners  of  Baltimore,  arrested  arid  con 
fined  as  prisoners  in  Fort  McHenry,  and  asked 
to  be  discharged  from  the  subject,  the  Com 
mittee  being  of  opinion  that  no  legislation  by 
Congress  is  practicable  with  reference  to  the 
matter  set  forth  in  the  memorial.* 

Mr.  BAYAKD  proposed  to  amend  the  report 
by  substituting : 

Resolved,  That  the  members  of  the  police  board  of  the 
city  of  Baltimore  ought  to  be  either  surrendered  to  the  civil 
authorities  on  some  charge  sufficient  in  law  for  their  arrest 
and  detention,  or  be  discharged  from  confinement  at  Fort 
McHenry,  and  suffered  to  resume  their  official  functions. 

Resolved,  That  the  control  of  the  municipal  police  of  Bal 
timore  ought  to  be  restored  to  those  civil  officers  to  whom, 
by  the  laws  of  Maryland,  it  is  intrusted. 

Resolved,  That  George  P.  Kane,  marshal  of  police  in  the 
city  of  Baltimore,  ought  either  to  be  delivered  up  to  the 
civil  authorities  on  some  charge  sufficient  in  law  to  hold 
him  in  custody,  or  be  discharged  from  confinement  in  Fort 
McHenry. 

The  subject  was  postponed. 

Aug.  6 — Mr.  POWELL  proposed  in  the  Senate 
a  resolution  similar  to  Mr.  May's  in  the  House, 
but  the  motion  to  take  it  up  was  lost — yeas  7, 
nays  33.  The  seven  were  Messrs.  Breckinridge, 
Bright,  Johnson  of  Missouri,  Latham,  Polk, 
Powell,  Saulsbury. 

IN  HOUSE. 

1861,  July  31 — Mr.  MAY  offered  this  resolu 
tion  : 

Whereas  the  Constitution  of  the  United  States  declares 
that  no  warrant  shall  issue  but  upon  probable  cause,  sup 
ported  by  oath  or  affirmation ;  that  no  citizen  shall  be  de 
prived  of  his  liberty  without  due  process  of  law ;  and  that 
the  accused  shall  enjoy  the  right  of  a  speedy  trial  by  a  jury 
of  the  district  where  the  offence  was  committed:  and 
whereas  Charles  Howard,  William  II.  Gatchell,  and  John 
W.  Davis,  citizens  of  Baltimore,  in  the  State  of  Maryland, 
were,  on  the  1st  day  of  July,  1861,  seized  without  warrant, 
and  without  any  process  of  law  whatever,  by  a  body  of 
soldiers  from  the  Army  of  the  United  States,  by  order  of 
Major  General  Banks,  alleged  to  have  been  made*  in  pursu 
ance  of  orders  issued  from  the  headquarters  of  the  Army 
at  Washington,  and  were  removed  by  force  and  against  their 
will  from  their  homes  to  Fort  Mcllenry,  where  they  have 
ever  since  been,  and  now  are,  confined  as  prisoners;  and 
whereas  the  said  military  officer,  without  warrant  or  au 
thority  of  law,  superceded  and  suspended  the  official  func 
tions  (;f  the  said  Charles  Howard  and  others,  members  of  the 
board  of  police  of  Baltimore  :  and  whereas,  since  their  said 
arrest,  a  grand  jury  attending  the  United  States  district 

*  For  further  facts,  see  "  The  Conspiracy     of   Disunion. " 


court  in  Baltimore,  and  selected  and  summoned  by  a  mar 
shal  appointed  by  tho  present  Executive  of  the  United 
States,  having  jurisdiction  in  the  premises,  and  having  fully 
investigated  all  cases  of  alleged  violation  of  law,  has  finally 
adjourned  its  session  without  finding  any  presentment  or 
indictment  or  other  proceeding  against  thorn,  or  either  of 
them ,  and  the  President  of  the  United  States,  being  re 
quested  by  a  resolution  of  the  House  of  Representatives  to 
communicate  the  grounds,  reasons  and  evidence  for  their 
arrest  and  imprisonment,  1ms  declined  so  to  do.  because  he 
is  advised  that  it  is  incompatible  with  the  public  interests : 
and  whereas,  since  these  proceedings,  the  said  citizens,  with 
others,  have  been,  by  force  and  against  their  wills,  trans 
ferred  by  the  authority  of  the  Government  of  tho  United 
States  beyond  the  State  of  Maryland  and  tho  jurisdiction  of 
that  court  which  it  is  then"  constitutional  right  to  claim,  and 
are  to  be  subjected  to  an  indefinite,  a  hopeless,  and  cruel 
imprisonment  in  some  fort  or  military  place,  unfit  for  the 
confinement  of  the  citizen,  at  a  remote  distance  from  their 
families  and  friends,  and  this  without  any  accusation,  inves 
tigation,  or  trial  whatever :  and  whereas  the  constitutional 
privilege  of  the  writ  of  habeas  corpus  has  been  treated  with 
contempt,  and  a  military  officer  (the  predecessor  of  General 
Banks)  has  taken  upon  himself  the  responsibility  of  wilful 
disobedience  to  the  writ,  and  the  privilege  of  the  same 
now  continues  suspended,  thereby  subordinating  the  civil  to 
the  military  power,  thus  violating  and  overthrowing  the 
Constitution  of  the  United  States,  and  setting  up  in  its  stead 
a  military  despotism  :  and  whereas  the  Congress  of  the  United 
States  regards  the  acts  aforesaid  as  clear  and  palpable  vio 
lations  of  the  Constitution  of  the  United  states,  and  de 
structive  to  the  liberties  of  a  free  people :  Therefore, 

Resolved,  That  the  arrest  and  imprisonment  of  Charles 
Howard,  William  II.  Gatchell,  and  John  W.  Davis,  and 
others,  without  warrant  and  process  of  law,  is  flagrantly 
unconstitutional  and  illegal ;  and  they  should,  without  de 
lay,  be  released,  or  their  case  remitted  to  the  proper  judicial 
tribunals,  to  be  lawfully  heard  and  determined. 

Ruled  out  of  order  under  the  rule  regulating 
the  business  of  the  session. 

Second  Session.  Thirty-Seventh  Congress. 

IN  SENATE. 

1861,  Dec.  16— Mr.  TRUMBDLL  offered  the 
following  resolution  : 

.  Resolved,  That  the  Secretary  of  State  be  directed  to  in 
form  the  Senate  whether,  in  the  loyal  States  of  the  Union, 
any  person  or  persons  have  been  arrested  and  imprisoned, 
and  are  now  held  in  confinement  by  orders  from  him  or  hia 
Department;  and  if  so,  under  what  law  said  arrests  have 
been  made,  and  said  persons  imprisoned. 

Which  was  referred  to  the  Judiciary  Com 
mittee — yeas  25,  nays  17,  as  follows  : 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster, 
Harris,  Howe,  Johnson  of  Tennessee,  King,  Lane  of  Indiana, 
Morrill,  Pomeroy,  Rice,  Sherman,  Simmons,  Sumner  Ten 
Eyck,  Wade,  Wilson— 25. 

NAYS — Messrs.  Bayard,  Bright,  Carlile,  Grimes,  Hale, 
Harlan,  Kennedy,  Latham,  McDourjall,  Nesmith,  Pearce, 
Powell,  Saulsbury,  Thomson,  Trumbull,  Wilkinson  Wil- 
ley— 17. 

1861,  December  23— Mr.    KING  offered   this 
resolution,  which  was  referred  to  the  Commit 
tee  on  the  Judiciary  : 

Resolved,  That  the  President  be  requested  to  cause  pro 
ceedings  to  be  instituted  in  the  courts  of  law  against  per 
sons  who  have  been  arrested  by  executive  authority  or 
order  since  tho  breaking  out  of  the  present  insurrection, 
and  who  are  now  detained  in  custody,  so  that  a  judicial 
examination  may  be  had  in  each  case  to  ascertain  who,  if 
uny  of  them,  may  be  allowed  to  take  the  oath  of  allegiance 
to  the  United  States,  and  be  discharged,  and  who  shall  be 
detained  for  a  further  examination  or  be  prosecuted  for 
treason  or  other  crime;  and  to  communicate  the  names  of 
all  persons  that  have  been  so  arrested,  and  the  date  of  arrest, 
to  the  Senate. 

CASE  OP  GENERAL  CHARLES   P.  STONE. 

1862,  April  11— Mr.  McDouGALL  offered  this 
resolution  : 

Resolved,  That  the  Secretary  of  War  be  requested  to  in 
form  the  Senate  at  once  on  the  following  points,  namely: 
1.  Whether  or  not  Brigadier  General  Charles  P.  Stone  has 
been  arrested  by  any  person  in  authority  in  the  War  De 
partment  or  in  the  Army  of  the  United  States;  audit' he  has 
been  so  arrested,  from  whom  the  order  for  General  Stoue'g 


180 


ADMINISTRATION   OP    ABRAHAM    LINCOLN. 


arrest  originally  proceeded— whether  the  Secretary  himself 
or  the  general  then  commanding  the  army  of  the  Potomac. 
•2.  Also,  whether  at  the  time  of  such  arrest  General  Stone 
was  not  subject  to  the  Articles  of  War,  and  entitled  to  the 
benefit  of  them;  and  if  he  was  so  subject  and  entitled, 
whether  or  not  he  was  arrested  for  a  violation  of  any  and 
which  of  those  articles;  and  on  whose  complaint  General 
Stone  was  arrested,  and  by  whom,  if  by  any  persons,  charges 
have  been  preferred  against  him;  and  that  the  Secretary  of 
War  bo  requested  to  communicate  to  the  Senate  the  speci 
fications  under  such  charges  as  fully  as  his  present  infor 
mation  will  enable  him  to  state  them.  3.  Also,  whether 
any,  arid  if  any,  what,  steps  have  been  taken  toward  the 
preparation  of  such  charges  and  specifications ;  and  if  any 
euch  steps  have  been  so  taken,  whether  or  not  the  prose 
cution  of  the  matter  has  been  intrusted  to  the  judge  advo 
cate  general  of  the  Army,  or  of  the  army  of  the  Potomac, 
or  to  some  other,  and  what  other,  special  judge  advocate; 
and  if  not  to  either  of  said  judges  advocate  general,  why 
the  case  of  General  Stone  did  not  take  the  customary  course 
when  a  general  officer  is  arrested,  and  whether  or  not  either 
of  the  judges  advocate  above  specially  named  has  been,  and 
when  first,  consulted  in  this  matter.  4.  Also,  whether  or 
not  General  Stono  has  at  any  time,  and  when,  and  how 
often,  in  person  or  by  counsel,  applied  for  an  immediate  trial ; 
and  whether  ho  has  not  represented  to  the  Secretary  of  War 
the  injustice  which  he  supposed  would  result  to  him  from 
deferring  his  trial  by  reason  of  the  death  of  important  wit 
nesses  in  any  manner  connected  with  the  administration  of 
his  late  command  upon  the  Potomac;  and  what  answer,  if 
any,  has  been  made  to  such  representation  by  or  on  behalf 
of  General  Stone.  5.  Also,  whether  or  not  the  substance 
of  said  charges,  more  or  less,  has  been  in  any,  and  what 
way,  und  upon  whose  application,  communicated  to  Gen 
eral  Stone;  and  if  not,  why  not ;  and  if  not,  whether  or  not 
General  Stone  has  applied  directly  or  indirectly  for  such 
charges.  6.  Also,  whether  any,  arid  what,  privileges  have 
inured  to  General  Stone  under  the  Articles  of  War  Nos. 
74,  70,  80,  and  82,  and  Noe.  221  and  223  of  the  Revised  Reg 
ulations  of  the  Army,  and  what  degree  of  confinement 
was  originally  ordered  in  reference  to  General  Stone,  and 
whether  any  and  what  change  has  been  made,  and  when, 
from  its  original  severity.  7.  Also,  if  General  Stone  was 
not  arrested  for  some  alleged  violation  of  the  Articles  of 
War,  upon  what  pretence  is  he  kept  in  close  custody. 

April  22 — On  motion  of  Mr.  WILSON,  the  res 
olution  was  amended  so  as  to  read  thus,  and 
passed  : 

That  the  President  of  the  United  States  be  requested  to 
communicate  to  the  Senate  any  information  touching  the 
arrest  and  imprisonment  of  Brigadier  General  Stone,  not 
deemed  incompatible  with  the  public  interest. 

May  2 — The  PRESIDENT  transmitted  this  mes 
sage  in  reply : 

EXECUTIVE  MANSION, 
WASHINGTON,  May  1, 1862. 
To  the  SENATE  OF  THE  UNITED  STATES  : 

In  answer  to  thu  resolution  of  the  Senate  in  relation  to 
Brigadier  General  Stone,  I  have  the  honor  to  state  that  he 
was  arrested  and  imprisoned  under  my  general  authority, 
and  upon  evidence  which,  whether  he  bo  guilty  or  inno 
cent,  required,  as  appears  to  me,  such  proceedings  to  be  had 
against  him  for  the  public  safety.  I  deem  it  incompatible 
with  the  public  interest,  as  also,  perhaps,  unjust  to  General 
Stone,  to  make  a  more  particular  statement  of  the  evidence. 

He  has  not  been  tried  because,  in  the  state  of  mil  tury 
operations  at  the  time  of  his  arrest  and  since,  the  officers  to 
constitute  a  court-martial  and  for  witnesses  could  not  be 
withdrawn  from  duty  without  serious  injury  to  the  service. 
H"  will  be  allowed  a  trial  without  any  unnecessary  delay; 
th-.'  charges  and  specifications  will  be  furnished  him  in  due 
season,  and  every  facility  for  his  defence  will  be  afforded 
him  by  the  War  Department. 

ABRAHAM  LINCOLN. 

1862,  May  14 — Mr.  POWELL  offered  the  fol 
lowing  : 

Resolved,  That  the  Secretary  of  State  be  directed  to  in 
form  the  Senate,  how  many  citizens  of  Kentucky  have  been 
arrested  and  confined  outside  the  limits  of  the  State  by  his 
order  since  1st  September^ast,  and  state  the  names  of  Mich 
citizens,  places  where  imprisoned,  and  how  long  confined, 
and  also  the  number  and  names  of  persons  released  and 
where  imprisoned. 

Mr.  SUMNEK  offered  the  following  as  a  sub 
stitute  : 

Resolved,  That  the  President  of  the  United  States  be-  re 
quested  to  communicate  to  the  Senate,  if  not  incompatible 
with  the  public  interests,  any  information  in  his  possession 


touching  the  arrest  of  persons  in  Kentucky  since  the  1st  of 
September,  1861,  and  their  imprisonment  beyond  the  limit* 
of  that  State. 

Which  was  adopted  —  yeas  30,  nays  7,  as  fol 
lows  : 

YEAS  —  Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col 
lamer,  Dixon.  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Harlan,  Harris,  Howard,  Howe,  King,  Lano  of  Indian  t, 
Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman,  Simmons, 
Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilmot^ 
Wilson  of  Massachusetts,  Wright—  3&. 

NATS—  Messrs.  Davis,  McDougall,  Nesmith,  Powell,  Sault- 
bury,  Willey,  Wilson  of  Missouri—  7. 

IN  HOUSE. 

1861,  December  10  —  Mr.  BINGHAM,  from  the 
Judiciary  Committee,  asked  to  be  discharged 
from  the  further  consideration  of  the  memorial 
of  Messrs.  Howard,  Gatchell,  and  Davis,  Police 
Commissioners  of  Baltimore. 

Mr.  PENDLETON  moved  to  recommit  the  report, 
with  these  instructions  : 

Resolved,  That  the  Congress  alone  has  the  power,  under 
the  Constitution  of  the  United  States,  to  suspend  the  privi 
lege  of  the  writ  of  habeas  corpus  ;  that  the  exercise  of  that 
power  by  any  other  department  of  the  Government  is  a 
usurpation,  and  therefore  dangerous  to  the  liberties  of  the- 
people  ;  that  it  is  the  duty  of  the  President  to  deliver  Charles 
Howard,  William  H.  Gatchell,  and  John  W.  Davis  to  th«* 
custody  of  the  mar&hal  of  the  proper  district,  if  thf-y  aro 
charged  with  any  offence  against  the  laws  of  the  United 
States,  to  the  end  that  they  may  be  indicted,  and  "  enjoy  the 
right  of  a  speedy  and  public  trial  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  "  is  alleged  to  hav» 
been  committed. 

Mr.  BINGHAM  moved  to  lay  the  whole  subject 
on  the  table,  which  was  agreed  to  —  yeas  108, 
nays  26,  as  follows  : 

YEAS—  Messrs.  Aldrich,  Alley,  Arnold,  Babbitt,  Goldsmith 
F.  Bailey,  Baker,  Baxter.  Beaman.  Bingham,  Francis  P.  Blair, 
Jacob  B.  Blair,  Samuel  S.  Blair,  Blake,  Buffintou.  Burnham, 
Calvert,  Campbell,  Chamberlain,  Clark,  Cabb,  Colfax.  Frede 
rick  A.  Coukling,  Roscoe  Conkling,  Cravens,  Davis,  Dawes, 
Delano,  Diven,  Duell,  Dunlap,  Dunn,  Edg»  rton,  Edwards,  El 
iot,  English,  Feuton,  Fossemlen,  Franc-hot,  Frank,  Goodwin, 
Granger,  Grider,  Haiyht,  Hale,  Hanchctt,  Harrison,  Ilolman, 
Hooper,  Horton,  Hutchins,  Julian,  Kelley,  Francis  W.  Kel 
logg,  William  Kellogg,  Killinger,  Lansing,  Law,  Loomis, 
Lovcjoy,  McPhorson,  Mallnr.i,  Maynard,  Menzies.  Moorhend, 
Anson  P.  Merrill,  Justin  S.  Morrill,  Nixon,  Noell,  Olin,  Pat- 
ton.  T.  G.  Phelps,  Pike,  Pomeroy,  Porter,  Potter,  Alexander 
H.  Rice,  Riddle,  Edward  II.  Rollins,  Sargent.  Sedgwick, 
Shanks.  Sheffield.  Shcllabarger,  Sherman,  Sloan.  Smith,  Ste 
vens.  Stratton,  Benjamin  F.  Thomas.  Francis  Thomas,  Train, 
Trimble,  Trowbridge,  Upton,  Van  Horn,  Van  Wyck,  Vi-rree, 
Wall,  Wallace,  Charles  W.  Walton,  E.  P.  Walton,  Wash- 
burnc,  Wheeler,  Albert  S.  White,  Wilson,  Woodruff,  Wor 
cester,  Wright  —  108. 

NAYS  —  Messrs.  Allen.  Ancona,  Joseph  Baily,  Biddle,  George 
II.  Browne,  William  G.  Brown,  Cooper,  Fouke,  Harding, 
Johnson,  Lazcar,  May,  Morris,  Noble.  Ncrton,  Pe,idlet(/n, 
Psrry,  Robinson,  Shiel,  John  B.  SttOe.  William  G.  Sttele, 
VaUandigham,  Wadsworth,  Ward,  Chilian  A.  White,  Wick- 


Third  Session,  Thirty-Seventh  Congress 
IN  SENATE. 

1862,  December  2  —  Mr.  POWELL,  offered  the 
following  resolution  : 

Resolved,  That  the  President  be  requested  to  inform  the 
Senate  the  number  and  the  names  of  citizens  of  Kcnturky 
who  have  been,  and  who  are  now  confined  in  the  mintur> 
prisons  and  camps  of  the  United  States,  outside  the  limit* 
of  Slid  State;  what  are  tho  charges  against  them,  by  whom 
made,  and  by  whose  order  the  arrests  were  made. 

December  5—  Mr.  CLARK  offered  an  amend 
ment  :  to  insert  the  words  "  if  not  incompatible 
with  the  public  service;"  which  was  agreed  to, 
and  the  resolution  as  amended  was  adopted. 

December  16—  Mr.  SAULSBURY  offered  the  fol 
lowing  resolution  : 

Resolved,  That  the  Secretary  of  War  be  and  is  hereby  dl- 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


181 


rccted  to  inform  the  Senate  whether  Dr.  John  Law  and  I  lay  the  whole  subject  on  the  table  ;    which  waa 
Whiteley  Meredith,  or  either  of  them,  citizens  of  the  State  ,  agree(j  to — yeas  22,  nays  16,  as  follows  : 


YEAS_Messr,  Anthony,  Arnold,  Chandler  Clark, 

;  by  whom  made;  by  what  orders  they  !  den,  Foot,   Foster,  Grimes,  Hale,  Harlan,   Hams, 
and  imprisoned;  and  that  he  communicate  to  j  Howard,  Howe    King,  Lane  of  Kansas^  Morrill,  Pomoroy 

-  Wlsn  of  Msachsets-22. 


the  Senate  all  papers  relating  to  their  arrest  and  imprison 
ment. 

Which  was  laid  upon  the  table -yeas  29, 
nays  13,  as  follows  : 

YEAS  — Messrs.  Anthony,  Arnold,  Browning,  Chandler, 
€lark  Collamer,  Dixon,  Doolittle,  Fessenden,  Field,  Foot, 
Foster,  Grimes,  Hale,  Harlan,  Harris,  Howard,  Howe,  King, 
Lane  of  Kansas,  Morrill,  Sumner,  Ten  Eyck,  Trumbull, 
Wade,  Wilkinson,  Wilmot,  Wilson  of  Massachusetts,  Wright 


Sumner,  Wade,  Wilkinson,  Wilson  of  Massachusetts— 22. 

NAYS — Messrs.  Bayard,  Carlile,  Davis,  Harding,  Hender 
son  Kennedy,  Latham,  McDougall,  Powell,  Rice,  Richardson, 
Saulsbury,  Turpic,  Wall,  Willey,  Wilson  of  Missouri— 16. 

IN  HOUSE. 

1862,  Dec.  1— Mr.  Cox  offered  the  following 
preamble  and  resolution : 


WhereaS)  many  citizens  of  the  United  States  have  been 
—  29.  .  .         seized  by  persons  acting,  or  pretending  to  be  acting,  under 

XAYS-Messrs.  Bayard,  Carhle,  Cowan,  Davis  Hardmg   (  tfao  authJ0^ity  of  the  Unitcd  Statcs   aud  have  ,)cen  CJUrrio<1 
Henderson,  Kennedy,  Afemtfft,  Powell,  Rice,  baulsoury,  j  Qut  Qf  thft  urisdicti 
Willey,  Wilson  of  Missouri  —  13. 


December  3  —  Mr.  P  DWELL  offered  the  follow 
ing  joint  resolution  : 


!  out  of  the  jurisdiction  of  the  States  of  their  residence,  and 
imprisoned  in  the  military  prisons  and  camps  of  the  United 
States,  without  any  public  charge  being  preferred  ugainst 
them,  and  without  any  opportunity  being  allowed  to  learn 
or  disprove  tho  charges  made,  or  alleged  to  be  made,  against 


Whereas,  many  citizens  of  the  United  States  have  been  them :  and  whereas~such  arrests  have  been  made  in  Stated 
seized  by  persons  acting,  or  pretending  to  be  acting,  under  i  where  there  was  no  insurrection  or  rebellion,  or  pretuuce 
the  authority  of  the  United  States,  and  have  been  carried  thereof,  or  any  other  obstruction  against  the-  authority  of 
out  of  the  jurisdiction  of  the  States  of  their  residence  and  i  the  Government:  and  whereas,  it  is  the  sacred  right  of 
imprisoned  in  the  military  prisons  and  camps  of  the  United  •  every  citizen  of  the  United  States,  that  he  shall  not  be  de- 
.Stutes  without  any  public  charge  being  preferred  against  ! 


them,  and  without  any  opportunity  being  allowed  to  learn 
or  disprove  the  charges  made  or  alleged  to  be  made  against 
them  ;  and  whereas,  it  is  the  sacred  right  of  every  citizen 
that  he  shall  not  be  deprived  of  liberty  without  due  process 
of  law,  aud  when  arrested  shall  have  a  speedy  and  public 
trial  by  an  impartial  jury  :  Therefore 

Be  it  resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
all  such  arrests  arc  unwarranted  by  the  Constitution  and 
laws  of  the  United  States,  and  a  usurpation  of  power  never 
given  by  the  people  to  the  President  or  any  other  official. 
All  such  arrests  are  hereby  condemned  aud  declared  palpa 
ble  violations  of  the  Constitution  of  the  United  States  ;  and 
it  is  hereby  demanded  that  all  such  arrests  shall  hereafter 
•cease,  and  that  all  persons  so  arrested  and  yet  held  should 
have  a  prompt  and  speedy  public  trial  according  to  the  pro 
visions  of  the  Constitution,  or  should  be  immediately  re 
leased. 

Laid  on  the  table  and  printed. 

1863,  February  26—  Mr.  POWELL  offered  the 
following  r  solution  : 

Resolved,  That  ;\  committee  of  three  be  appointed  to  in" 
Testigato  tho  conduct  of  Colonel  Gilbert,  who,  in  command 
of  a  regiment  of  United  States  soldiers,  dispersed  a  Demo- 
•cratic  C  invention  of  peaceable  citizens  of  the  State  of  Ken 
tucky,  assembled  at  the  capital  of  that  State,  on  the  18th  of 
February,  1863,  for  the  purpose  of  nominating  candidates 
for  Governor  and  Lieutenant  Governor  aud  oth-r  St;ite  offi 
cers.  That  said  committee  investigate  all  the  facts  con 
nected  with  the  aforesaid  action  of  Colonel  Gilbert  and  the 
officers  and  soldiers  under  his  command  ;  and  the  said  com 
mittee  are  hereby  authorized  to  send  for  persons  and  papers, 
to  examine  witnesses,  and  that  they  be  authorized  to  ad 
minister  oat'as  to  witnesses;  and  that  said  committee  be 
authorized  to  hold  sessions  in  the  State  of  Kentucky  or 
elsewhere,  and  to  employ  a  reporter  to  take  down  testi 
mony  ;  and  that  they  report,  &c. 

March  3  —  The  Senate  refused  to  rake  up  the 
resolution  —yeas  10,  nays  25,  as  follows  : 

YEAS  —  Messrs.  Carlile,  Cowan,  Davis,  Lane  of  Kansas, 
Latham.  Nesmith,  Powett,  Saulsbury,  Wall,  Wilson  of  Mis- 
eouri  —  10. 

TS'AYS  —  Messrs.  Anthony,  Arnold,  Clark,  Collaim-r.  Dixon, 
Fessenden.  Foot,  Foster.  Grimes,  Harding,  Harlan,  Harris, 
Henderson,  Hicks,  Howe,  Morrill,  Pomeroy,  Rice,  Sumner, 
Ten  Eyck,  Wade,  Wilkinson,  Willey,  Wilmot,  Wilson  of 
Massachusetts—  25. 

THE  CASE  OF   MADISON  Y.  JOHNSON. 

Feb.  2  —  Mr.  RICHARDSON  offered  this  resolu 
tion  : 


That  a  committee  of  three  be  appointed  to  in- 
vestig.ite  the  facts  in  reference  to  the  arrest  and  imprison 
ment  of  Madison  Y.  .Johnson,  and  that  said  committee  have 
the  po\vor  to  send  for  persons  and  papers,  to  examine  wit 
nesses  under  oath,  iiiul  administer  oaths  to  said  witnesses. 

The  memorial  of  Madison   Y.  Johnson    was 
read  <vhen   Mr.  HOWK,  of  Wisconsin,  moved  to 


prived  of  liberty  without  due  process  of  law,  and  when,  ar 
rested,  that  he  shall  have  a  speedy  and  public  trial  by  an 
impartial  jury  of  his  countrymen  :  Therefore, 

Resolved,  That  the  House  of  Representatives  do  hereby 
condemn  all  such  arrests  as  unwarranted  by  the  Constitu 
tion  and  laws  of  the  United  States,  aud  as  a  usurpation  of 
power  never  given  up  by  the  people  to  their  rulers,  and  do 
hereby  demand  that  all  such  arrests  shall  hereafter  cease, 
and  that  all  persons  so  arrested  and  yet  held  should  have  a 
prompt  and  public  trial,  according  to  the  provisions  of  the 
Constitution. 

Which  was  laid  on  the  table  —yeas  80,  nays 
40.  The  NAYS  were  : 

Messrs.  Ancona,  Baily,  Biddle,  Jacob  B.  Blair,  Cal* 
vert,  Corning,  Cox,  Crittenden,  English,  Foulce,  Granger, 
Grider,  Haight,  Hall,  Harding,  Holman,  Knapp,  Law,  La- 
zear,  Menzies,  Morris,  Noble,  Norton,  Nugan,  Odell,  Pnce, 
Richardson,  Sheffield,  Shiel,  John  B.  Stedt,  William  G. 
Steek,  Stiles,  Benjamin  F.  Thomas,  Francis  Thomas,  Val- 
landigham,  Ward,  Chilton  A.  White,  WicUiffe,  Wright, 
Yeaman — 40. 

December  1 — Mr.  RICHARDSON  offered  the 
following  resolution  : 

Resolved,  That  the  President  of  the  United  States  be  re 
quested  to  inform  this  House  what  citizens  of  Illinois  are 
now  confined  in  the  Forts  Warren,  Lafayette,  and  Delaware, 
or  the  Old  Capitol  prison,  and  any  other  forts  or  places  of 
confinement;  what  the  charges  are  against  said  persons; 
also  the  places  where  they  were  arrested.  That  the  Presi 
dent  be  further  requested  to  inform  this  House  of  the  names 
of  the  persons  that  have  been  arrested  in  Illinois  and  tak<-u 
to  and  confined  in  prisons  outside  of  the  limits  of  said  State, 
and  who  have  been  released,  what  were  the  charges  against 
each  of  them,  by  whom  the  charges  were  made,  also  by 
whose  order  said  arrests  were  made,  and  the  authority  of 
law  for  such  arrests. 

Which  was  laid  upon  the  table — yeas  74, 
nays  40.  The  NAYS  were — 

Messrs.  Ancona,  Baily,  Biddle,  Calvert,  Roscoe  Conkling, 
Conway,  Corning,  Cox,  Crittenden,  Dunn,  English,  Fnuke, 
Granger,  Grider,  Hall,  Harding,  Holman,  William  Kellogg, 
Knapp,  Law,  Lazear.  Leary,  Menzies,  Morris,  Noble,  Nor 
ton,  Nugen,  Odell,  Porter,  Price,  Richardson.  Shiel,  John  B. 
Steele,  William  G.  Stcele,  Stiles,  Benjamin  F.  Thomas,  Val- 
landigham,  Ward,  Chilton  A.  White,  Wright — 40. 

Dec.  22 — Mr.  MAY  offered  the  following  res 
olution  : 

Resolved,  That  the  Secretary  of  State  be  requested  to 
communicate  to  this  House  a  copy  of  an  order  which,  on  or 
about  the  28th  of  November,  18b'l,  ho  caused  to  be  read  to 
State  prisoners  confined  in  Fort  Warren,  whereby  they  were 
forbidden  to  employ  counsel  in  their  behalf,  and  informed 
that  such  employment  of  counsel  would  be  regarded  by  the 
Government  and  by  the  State  Department  as  a  reason  for 
prolonging  the  term  of  their  imprisonment. 

Which   was  laid    upon    the    table — yeas  63, 
nays  48.     The  NAYS  were — 
Messrs.  William  Allen,  William  J.  Allen,  Ancona,  Biddle, 


182 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


Burnham,  Calvert.  Clements,  Cobb,  Cox,  Cravens.  Crittenden, 
Dunn,  English,  Granger,  Grider,  Hale,  Harding,  Johnson, 
Wii!i;tm  Kellogff.  Kerrigan,  Knupp,  Law,  Lazear,  Leary, 
May,  Morris,  Noble,  Norton,  Nugen,  Pendhton,  Pi-ice,  Rob 
inson,  Jamc.3  S.  Rollins,  Shiel,  Smith,  Benjamin  F.  Thomas, 
Francis  Thomas,  Vallandigham,  Vibbard,  Voorhees,  Wads- 
worth,  Ward,  Cldlton  A.  White,  Wickliffe,  Woodruff,  Wor 
cester,  Wright,  Yeainan — 48. 

December  15 — Mr.  PENDLETON  offered  the  fol 
lowing  resolution  : 

Resolved,  That  the  President  be  requested  to  inform  this 
House,  if  in  his  opinion  not  inconsistent  with  the  public 


invaded,  and  in  which  the  civil  and  judicial  powers  are  io 
full  operation. 

'2.  Resolved,  That  Congress  has  no  power  tinder  the  Con 
stitution  to  delegate  to  the  President  of  the  United  States 
the  authority  to  suspend  the  privilege  of  the  writ  of  habeas 
corpus,  and  imprison  at  his  pleasure,  without  process  of  law 
or  trial,  the  citizens  of  the  loyal  States. 

3.  Resolved,  That  the  assumption  of  the  right  by  the  Ex 
ecutive  of  the  United  States  to  deprive  the  Citizens  of  such 
loyal  States  of  the  benefits  of  the  writ  ot  habeas  corpus. 
and  to  imprison  them  at  his  pleasure,  without  process  of 
law,  is  unworthy  the  progress  of  the  age,  is  consistent  only 
with  a  despotic  power  unlimited  by  constitutional  obliga 
tions,  and  is  wholly  subversive  of  theelementary  principles 


interest,  whether  in  any  oath  of  allegiance  or  parole  re-    of  freedom,  upon  which  the  Government  of  "the  United 
quired  to  be  taken  by  any  prisoner  held  in  custody  as  a  so-  |  gtutes  an(1  of  tho  Kevural  States  is  lwi-ed. 


called  political  prisoner,  there  has  been  inserted  a  clause  to 
the  effect  that  he  should  not  bring  suit  for  the  recovery  of 
damages  for  such  imprisonment,  or  that  he  should  not  op 
pose,  by  speech  or  otherwise,  the  war  measures  of  the  Ad 
ministration. 

Which  was  laid  on  the  table  by  the  following 
vote — yeas  77,  nays  43. 

March  3 — Mr.  MAY  offered  the  following  res 
olution  : 

Whereas  it  is  represented  that  Major  General  Schenck, 
commanding  the  forces  of  the  United  States  stationed  in 
Baltimore,  Maryland,  has  ordered,  as  a  condition  to  be  an- 

noxed  to  the  worship  of  Almighty  God  by  certain  religious  j  *™*  Jf>><>"™,  Kernan  King,  Ar 
eocieties  or  congregations  of  the  Methodist  Church  of  that     Mallory,  Marcy,  McAllister,  J/c_ 

city,  that  the  flag  of  the  United  States  shall  be  conspicu- j  *™}  WiJ*l,a™  *f;^£  ?>.#"£?*  ^^^'Tl'-^^^L^*^' 
ously  displayed  at  the  time  and  place  of  such  worship:  and 


4.  Resolved.  That  the  Judiciary  Committee  be  instructed  to 
prepare  and  report  a  bill  to  this  House  protecting  the  rights 
of  the  citizens  in  the  loyal  States,  in  strict  accordance  with 
the  foregoing  provisions  of  the  Constitution  of  the  United 
States. 

Which  was  negatived — yeas  67,  nays  90,  as 
follows  : 

YEAS — Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Augustus  C.  Baldwin,  Bliss,  Brooks,  Brown,  Chanler,  Cof 
froth,  Cox,  Cravens,  Dawson,  Denison,  Eden,  Edgerton,  E'- 
dridge,  English,  Finck,  Ganson,  Grider,  Hall,  Harding, 
Harrington,  Benjamin  G.  Harris,  Hcrrick,  Holman,  Wil- 
•>,  Law,  Le  Blond,  Long, 
/,  AKddle- 


wherens  the  said  order  is  a  plain  violation  oi'  the  inalien 
able  right  to  worship  God  according  to  the  dictates  of  every 
one's  conscience,  as  it  is  asserted  by  tho  said  congregations, 
and  also  by  our  declarations  of  fundamental  rights  and  se 
cured  by  our  State  and  Federal  Constitutions  :  and  whereas 
a  minister  of  the  said  congregation,  the  Rev.  John  II.  Dash- 
iell,  having,  on  Monday,  the  loth  ultimo,  removed  the  said 
flag  from  his  own  premises,  which  was  also  the  place  of 
worship  of  one  of  said  congregations,  where  the  said  flag 
had  been  placed  surreptitiously  by  some  evil-minded  per 
son,  and  for  so  doing  was  arrested  by  order  of  tho  said  Gen 
eral  Schenck  and  held  as  a  prisoner :  Therefore, 

Be  it  resolved,  That  the  Judiciary  Committee  be,  and 
hereby  is,  instructed  to  inquire  into  the  allegations  afore 
said,  and  ascertain  by  what  authority  tho  said  General 
Schenck  exercises  a  power  to  regulate  or  interfere  with  the 
privileges  of  divine  worship,  and  also  to  arrest  and  detain 
as  a  prisoner  the  said  minister  of  the  Gospel,  as  aforesaid ; 
and,  further,  that  said  committee  be  instructed  to  report 
upon  the  same  at  an  early  day. 

The  House  refused  to  suspend  the  rules  to 
get  the  resolution  before  the  House — ayes  28, 
noes  79,  (yeas  and  nays  not  called  ) 

First  Session,  Thirty-Eighth  Congress. 
1863,  December  17 — Mr.  HARRINGTON  offered 
this  resolution  : 

Whereas  the  Constitution  of  the  United  States  (article 
one,  section  nine)  provides:  "The  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended,  unless  •when,  incases 
of  rebellion  or  invasion,  thu  public  safety  may  require  it:" 
and  whereas  such  provision  is  contained  in  the  portion  of 
the  Constitution  defining  legislative  powers,  and  not  in  the 
provisions  defining  executive  power;  and  whereas  the 
Constitution  (article  four  of  Amendments)  further  provides: 
"The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,"  &c. ;  and  whereas  the 
Thirty-Seventh  Congress  did.  by  act,  claim  to  confer  upon 
the  President  of  tho  United  States  the  power,  at  bis  will 
ancj  pleasure,  to  suspend  the  privilege  of  the  writ  of  habeas 
corpus  throughout  the  United  States,  without  limitations 
or  condition*;  and  whereas  tho  President  of  the  United 
States,  by  proclamation,  has  assumed  to  s  ;spend  such  priv 
ileges  of  the  citizen  in  the  loyal  States;  and  whereas  the 
people  of  such  States  have  been  subjected  to  arbitrary  ar 
rests  without  process  of  law,  and  to  unreasonable  search 
and  seizu  es,  and  nave  been  denied  the  riiiht  to  a  speedy 
trial  and  investigation,  and  have  languished  in  prisons  at 
the  arbitrary  pleasure  of  the  Chief  Executive  and  his  mili 
tary  subordinates:  Now, therefor*-, 

Resolved  by  the  House  of  Representatives  of  the  United 
States,  That  no  power  is  delegated  by  the  Constitution  of 
the  United  States,  either  to  the  legislative  or  executive 
power,  to  suspend  the  privileges  of  the  writ  of  habeas  corpus 
in  any  State  loyal  to  the  Constitution  and  Government  not 


»hl<;  Oddl,John  O'Neill,  Pendleton,  Perry,  Radford,  Sam- 


uelJ.  Randall,  Robinson,  Rof/ers,  Ross,  Scott,  John  B.  Stede, 
William  G.  Steele,  Stiles,  Sfrouse,  Sweat,  Voorhees,  Wads- 
worth,  Ward,  Wheeler,  Glutton  A.  White,  Joseph  W.  White, 
Win  field,  Wood—  67. 

NAYS—  Messrs.  Alley,  Allison.  Ames,  Arnold,  Ashley,  John 
D.  Baldwin,  lieaman.  Blaine,  Blow,  Boutwell,  Brandegee. 
Broomall,  William  G.  Brown,  Ambrose  W.  Clark.  Freeman 
Clarke,  Clay,  Cobb,  Cole,  Creswell,  Henry  Winter  Davis, 
Thomas  T.  Davis,  Dawes,  Dixon,  Donnelly,  Driggs,  Dumont, 
Eckley,  Eliot,  Farnsworth,  Fenton,  Frank,  Gartield.  Gooch, 
Grinncll,  Hale,  Iligby,  Hooper,  Hotchkiss,  A*;ihel  W.  Hul>- 
bard.  John  II.  Ilubbard,  Hulburd,  Jenckes,  Julian,  Kasson, 
Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Loan.  Long- 
year,  Lovejoy,  Marvin.  McBride,  McClurg,  Mclndoe,  Samuel 
F.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Norton,  Charles  O'Neill,  Orth.  Perham,  Pike, 
Pomeroy,  Price.  William  II.  Randall,  Alexander  II.  Rice, 
John  II.  Rice,  Edward  II.  Rollins,  Schenck,  Scotield,  Shan 
non,  Sloan,  Smithers,  Spaldiug,  Stevens,  Thayer,  Tracy,  Van 
Valkenburgh,  Ellihu  B.  Washburne,  William  B.  Wash- 
burn,  Whale}',  Williams,  Wilder,  Wilson,  Windom,  Wood- 
bridge—  90.  « 

1864.  February  29  —  Mr.  PENDLETON  offered 
the  following  resolution  : 

Resolved,  (as  the  sense  of  this  House.)  That  the  military 
arrest,  without  civil  warrant,  and  trial  by  military  com 
mission  without  jury,  of  Clement  L.  Vallandigham,  a  citizou 
of  Ohio,  riot  in  the  land  or  naval  forces  of  the  United  Stutet* 
or  the  militia  in  actual  service,  by  order  of  Major  Gener.il 
Burnside,  and  his  subsequent  banishment  by  order  of  the 
President,  executed  by  military  force,  were  acts  of  -mere 
arbitrary  power,  in  palpable  violation  of  the  Constitution 
and  laws  of  the  United  States. 

Which  the  House  refused  to  table  —  yeas  33. 
nays  84,  and  then  rejected  —  yeas  47,  nays  77, 
as  follows  : 

YEAS  —  Messrs.  James  C.  Allen,  Ancona,  Augustus  C.  Bald 
win,  Brooks,  Chanler,  Coffroth,  Cox,  Dawson,  Denison, 
Eden,  Eldridgc,  Finch;  Ganson,  Harding,  Harrington,  Her- 
rick,  Holman,  Hutchins,  Kvrruin,  Knapp,  Law,  Long, 
Marci/,  Ali-.ltoivell,  McKinnty,  William  II.  Miller,  Mot  ri.o/r  , 
Nelson,  Noble,  John  O'NeW,  Pmdleton,  Radford.  Samuel  ./. 
Randall,  Rogers,  Ross,  Scott,  Stebbins,  John'  B.  Steele,  Wil 
liam  G.  Steele,  Stiles,  Strouse,  Stuart,  Sweat,  Voorhees,  ^l- 
liam  H.  Wadsioorth,  ChiUon  A.  White,  Winfirld  —  47. 

NAYS  —  Messrs.  Alley,  Allison.  Anderson,  'Arnold,  Baily, 
John  D.  Baldwin,  Baxter,  Francis  P.  Blair,  jr..  Blow,  Bout- 
well,  Boyd,  Brandegee,  Ambrose  W.  Clark,  Freeman  Clarke, 
Clay,  Cobb,  Cole,  Creswell.  Henry  Winter  Davis,  Dawes, 
Doming,  Dixon,  Donnelly,  Driggs,  Dumont,  Eckley,  Eliot, 
Karnsworth,  Frank,  Grinnell,  Hale,  Iligby,  Hooper,  llotch- 
kis*,  Asahel  W.  Ilubbard,  John  H.  Hubbard,  Jeuckes, 
Julian,  Kelley,  Francis  W.  Kellogg.  Orlando  Kellogg,  Loan, 
Marvin,  Me  Bride,  McClurg,  Moorhead.  Morrill,  Daniel  Mor 
ris,  Amos  Myers,  Leonard  Myers,  Norton,  Charles  O'Neill. 
Patterson,  Perhain,  Pomeroy,  Price,  William  II.  Randall, 
John  II.  Rice,  Schenck,  Sconeld,  Shannon,  Sloan,  Smithers, 


ADMINISTRATION    OK    ABRAHAM    LINCOLN. 


183 


Starr.  Stevens,  Thayer,  Thomas,  Upson,  Van  Valkenlmrgh, 
Ellihu  B.  Wwhburne,  William  B.  Wiwhlmrn,  Whaley, 
Williams,  Wilder,  Wilson,  Windom,  Woodbridge—  77. 

January  25  —  Mr.  McDowELL  offered  the  fol 
lowing  resolutions,  which  were  laid  over  under 
the  rule: 


l.  1.  That  the  House  fully  recognizes  the  great  fund 
amental  provision  of  the  Constitution  of  the  United  States 
which  guarantees  the  freedom  of  speech  to  every  American 
citizen;  and  that  neither  the  President,  nor  any  person  act 
ing  in  a  rabordinate  capacity  to  him,  has  the  rightful  author 
ity  to  arrest  and  imprison  a  citizen  of  the  loyal  States  for 
the  utterance  of  sentiments  distasteful  to  the  men  in  power. 

2.  That  wo  recogni/e  in  the  freedom  of  the  press  the  great 
bulwark  of  civil  liberty;  and  that  those  persons  tempora 
rily  intrusted  with  power  have  not  the  rightful  authority, 
in  those  States  not  in  rebellion,  to  subvert  this  great  con 
stitutional  guarantee  by  issuing  military  orders,  or  by  a 
resort  to  any  other  means  unknown  to  the  laws  of  the 
country. 

3.  That  the  right  to  security  of  person  from  arrest  in  the 
loyal  stales,  when  no  crime  is  charged,  is  a  sacred  right 
guaranteed  to  every  citizen;  and  that  neither  the  President, 
nor  any  one  acting  by  his  authority,  has  the  legal  right  to 
arrest,  imprison,  or  transport  our  people  without  "  due  pro 
cess  of  fait',"  requiring  affidavit,  warrant,  arrest,  and  trial 
by  a  jury  of  the  country,  impartially  selected. 

4.  That  tlio  privilege  of  the  writ  of  habeas  corpus  is  a 
fundamental  and  inherent  right  belonging  to  the  American 
people,  solemnly  guaranteed  by  express  provision  of  the 
Constitution,  that  cannot  be  denied  to  the  citizens  of  the 
loyal  States,  where  the  courts  are  open  and  the  administra 
tion  of  justice  is  unobstructed,  and  "invasion  and  rebel 
lion''  do  not  exist. 

5.  That  the  Constitution  of  the  United  States  is  one  of 
expressed  and  limited  powers,  and  that  neither  Congress 
nor  the  Executive  have  the  "lawful  right''  to  interfere  with 
the  established  rights  and  domestic  institutions  of  the  sev 
eral  States. 

6.  That  we  reaffirm  our  unalterable  devotion  to  the  Con 
stitution  of  the  United  States,  and  to  each  and  every  pro 
vision  thereof,  as  framed  by  the  fathers,  including  those 
provisions  relating  to  the  rights  of  property  and  the  invio 
lability  of  contracts,  as  understood  and  interpreted  by  the 
Supreme  Court  of  the  United  States. 

March  21  —  Mr.  ELDRIUGE  offered  this  reso 
lution,  which  was  laid  over  under  the  rule  : 

Resolved,  That  the  President  of  the  United  States  be  res 
pectfully  requested,  and  that  the  Secretory  of  State  and  the 
Secret-try  of  War  be  directed,  to  report  and  furnish  to  this 
House  the  names  of  all  persons,  if  any  there  are,  arrested 
and  held  in  prison  or  confinement  in  any  prison,  fort,  or  other 
place  whatsoever,  for  political  offences,  or  any  other  alleged 
offence  against  the  Government  or  authority  of  the  United 
States,  by  the  order,  command,  consent,  or  knowledge  of 
them  or  either  of  them,  respectively,  and  who  have  not  been 
charged,  tried,  or  convicted  before  any  civil  or  criminal  (not 
military)  court  of  the  land,  together  with  the  charge  against 
such  person,  or  cause  for  such  arrest  and  imprisonment,  if 
there  be  any,  and  the  name  of  the  prison,  fort,  or  place  where 
they  are  severally  kept  or  confined.  Also,  whether  any  person 
or  persons,  for  any  alleged  like  offence,  have  been  banished  or 
Mint  from  the  United  States,  or  from  the  States  not  in  rebel 
lion  to  the  rebellious  States;  and  the  names,  times,  alleged 
oflcuoa  or  cause  thereof;  and  whether  with  or  without  trial  • 
and  if  tried,  before  what  court. 

April  4  —  The  resolution,  on  motion  of  Mr. 
EDWAKD  H.  ROLLINS,  was  laid  upon  the  table  _ 
yeas  62,  nays  40.  The  NAYS  were— 

Messrs.  Jam<>.s  C.  Allen,  Ancona,  A.  C.  Baldwin,  Bliss,  J. 


nfield,  Yeoman — 40. 
June  20 — Mr.  Ross  offered  the  followiogres- 
o'ution,  which  went  over  under  the  rule  : 

Resolved,  That  all  persons  not  in  the  military  or  naval 
service  of  the  United  States  who  have  been  arrested  arid  im 
prisoned  by  the  agents  of  the  Government  without  process 
Of  law,  and  released  without  trial  or  examination,  areentitl.-d 
to  the  same  pay  and  mileage  for  the  time  they  were  deprived 
t  their  liberties  as  members  of  Congress ;  and  the  Commit- 
Keotuolmi  are  hereby  instructed  to  report  a  bill  at  an 
ear.y  day  for  that  purpose. 

Sume  day,   in  SENATE— Mr.  MORIULL  offered 


this  bill,  which  was  referred  to  the  Committee 
on  the  Judiciary  : 

Be  it  enacted,  <£c.,  That  upon  all  arrests  under  section  6, 
of  chapter  2CO,  of  an  act  approved  the  17th  of  July,  1862, 
bail  shall  be  admitted,  and  such  bail,  on  the  demand  of  the 
party  so  arrested,  may  be  taken  before  any  judge  of  the 
United  States,  any  chancellor,  judge  of  a  supreme  or  supe 
rior  court,  or  chief  or  first  judge  of  court  of  common  pleaa 
of  any  State,  who  shall  exercise  their  discretion  therein,  re 
garding  the  nature  and  circumstances  of  the  offence,  and  of 
the  evidence  and  the  usages  of  the  law. 

Third  Session,  Thirty-Seventh  Congress. 

THE  ACT   OF   INDEMNITY  OF   MARCH   3,   1863. 

Section  1  provides  :  That,  during  the  pres 
ent  rebellion,  the  President  of  the  United 
States,  whenever,  in  his  judgment,  the  public 
safety  may  require  it,  is  authorized  to  suspend 
the  privilege  of  the  writ  of  habeas  corpus  in 
any  case  throughout  the  United  States,  or  any 
part  thereof.  And  whenever  and  wherever  the 
said  privilege  shall  be  suspended,  as  aforesaid, 
no  military  or  other  officer  shall  be  compelled, 
in  answer  to  any  writ  of  habeas  corpus,  to  re 
turn  the  body  of  any  person  or  persons  detained 
by  him  by  authority  of  the  President ;  but 
upon  the  certificate,  under  oath,  of  the  officer 
having  charge  of  any  one  so  detained  that  such 
person  is  detained  by  him  as  a  prisoner  under 
authority  of  the  President,  further  proceedings 
under  the  writ  of  habeas  corpus  shall  be  sus 
pended  by  the  judge  or  court  having  issued  the 
said  writ,  so  long  as  said  suspension  by  the 
President  shall  remain  in  force,  and  said  rebel 
lion  continue. 

Section  2  directs  the  Secretary  of  State  and 
the  Secretary  of  War  to  furnish  to  the  judges 
of  the  circuit  and  district  courts  of  the  United 
States  and  of  the  District  of  Columbia,  a  list 
of  the  names  of  all  persons,  citizens  of  loyal 
States,  held  as  State  or  political  prisoners  of 
the  United  States,  in  any  fort,  arsenal,  or  other 
place;  and  provides  that  where  a  grand  jury 
has  adjourned  without  finding  an  indictment 
against,  any  such  person,  the  judge  shall  forth 
with  make  an  order  that  any  such  prisoner 
desiring  a  discharge  be  brought  before  him  to 
be  discharged,  and  every  officer  of  the  United 
States  is  directed  immediately  to  obey  this 
order,  under  penalty  of  fine  and  imprisonment 
— the  party  first  to  take  a  prescribed  oath  of 
allegiance.  Another  section  provides :  That 
any  order  of  the  President,  or  under  his  au 
thority,  made  at  any  time  during  the  existence 
of  the  present  rebellion,  shall  -be  a  defence  in. 
all  courts  to  any  action  or  prosecution,  civil 
or  criminal,  pending,  or  to  be  commenced,  for 
any  search,  seizure,  arrest,  or  imprisonment, 
made,  done,  or  committed,  or  acts  omitted  to 
be  done,  under  and  by  virtue  of  such  order,  or 
under  color  of  any  law  of  Congress,  and  such 
defence  may  be  made  by  special  plea,  or  under 
the  general  issue. 

Suits  begun  in  State  courts  may  be  trans 
ferred  to  United  States  Courts  under  circum 
stances  described.  Any  suit  described  in  this 
act  may  be  carried  on  writ  of  error  to  the  Su 
preme  Court  of  the  United  States,  and  all  suits 
or  prosecutions  for  any  arrest  or  imprisonment 
or  other  trespasses  or  wrongs,  shall  be  com 
menced  within  two  years. 

This  bill  passed  the  House   of  Representa- 


184 


ADMINISTRATION   OF    ABRAHAM    LINCOLN. 


lives,    March  2,   1863 — yeas  99,    nays  45,    as 
follows  : 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baker, 
Baxter,  Beaman,  Bingham,  Jacob  B.  Blair,  Samuel  S.  Blair, 
Blake,  William  U.  Brown.  Buffinton,  Campbell,  Case}-, 
Chamberlain,  Clark,  Colfax,  Frederick  A.  Conkling, 
Roscoe  Conkling,  Conway,  Cutler,  Davis,  Dawes,  Delano, 
Dunn,  Edgerton,  Eliot,  Ely,  Fenton,  Samuel  C.  Fessenden, 
Thomas  A.  D.  Fessenden,  Fisher,  Flanders,  Franchot, 
Frank,  Goodwin,  Gurley,  Hahn,  Hale,  Harrison,  Hooper, 
HurtOD,  Hutchins,  Jufian,  Kelley,  Francis  W.  Kollogg, 
William  Kellopg,  Killinger,  Lansing,  Leary,  Lehman, 
Loomis,  Low,  Mclndoe,  McKean,  McKnight,  McPherson, 
Marston,  Maynurd,  Mitchell,  Moorhead,  Anson  P.  Morrill, 
Nixon.  Olin,  Fatten,  Timothy  G.  Phelps,  Pike,  Pomeroy, 
Porter,  John  II.  Kice.  Riddle,  Edward  H.  Rollins,  Sargen', 
Sedgwick,  Segar,  Shanks,  Shellabarger,  Sherman,  Sloan, 
Spaulding,  Stevens,  Stratton,  Francis  Thomas,  Trimble, 
Trowbridge.  Van  Horn,  Van  Valkenbiirgh.  Van  Wyck, 
Verree,  Walker,  Wall,  Wallace,  Wtthburne,  Wheeler. 
Albert  8.  White,  Wilson,  Windoin.  Worcester— 99. 

NAYS — Messrs.  William  Allen,  William  J.  Allen,  Ancona, 
Biddle,  Calvert,  Cravens,  Crisfeld.  Delaplaine,  Dunlap, 
English,  Granger,  Grider,  Hall* Harding,  Holman,  Johnson, 
Kerriyan,  Knapp,  Law,  Mallory,  Mai/,  Mmties.  Morris,  JVo- 
ble,,  Norton,  Nuycn,  I'endleton,  Perry.  Price,  Robinson,  Shiel, 
Smith,  John  B.  Stefle.  William  G.  Steele,  Stiles,  Benjamin 
K.  Thomas,  Vallandialunn,  Voorhees,  Wadsworth,  Ward, 
ChMon  A.  White,  Wickliffe,  Wo:>d,  Woodruff,  1  'eaman— 45. 

Same  day,  the  bill  passed  the  SENATE,  without 
a  record  of  yeas  and  nays,  owing  to  a  misun 
derstanding  respecting  the  putting  of  the  vote. 

March  3 — Mr.  BAYARD  moved  that  the  Secre 
tary  of  the  Senate  be  direct  d  to  request  the 
House  of  Representatives,  to  return  to  the 
Senate  the  above  report  of  the  Committee  of 
Conference;  which  was  rejected  -yeas  13,  nays 
25,  as  follows : 

YEAS — Messrs.  Bayard,  Carlile,  Davis.  Henderson, 
Latham,  JYesmith,  Powell,  Rice,  Richardson,  Saulsbury, 
TurpU;  Willey,  Wilson,  of  Missouri— 13. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Dixon,  Doo- 
littte,  Foster,  Grimes,  llarlan,  Harris,  Hicks,  Howard, 
Howe,  King,  Lane  of  Indiana.  Lane  of  Kansas,  Morrill, 
Pomeroy,  Sherm  jn,  Sumner,  Ten  Eyck,  Trumbull,  Wade, 
Wilkinson,  Wilmot,  Wilson  of  Massachusetts— -Jo. 

While  this  subject  was  pending  before  Con 
gress,  the  House,  December  8,  1802,  passed  an 
indemnity  bill — yeas  90,  nays  45,  against  which, 
on  the  22d  of  December,  thirty-six  members  of 
the  House  moved  to  enter  on  the  journal  this 
protest : 

Resolved,  That  the  following  protest  of  thirty-six  mem 
bers  of  this  House  against  the  passage  of  the  House  bill  No. 
5?>1  be  entered  upon  the  Journal : 

On  the  8th  day  of  December,  A  D.  186'J,  and  during  the 
present  session  of  Congress,  Mr.  STKVENS,  of  Pennsylvania, 
introduced  the  bill  No.  691,  entitled  "  An  act  to  indemnify 
the  President,  and  other  persons,  for  suspending  the  privi 
lege  of  the  writ  of  habeas  corpus,  and  acts  done  in  pursu 
ance  thereof."  and  after  its  second  reading  moved  that  its 
consideration  be  made  the  special  order  for  the  Thursday 
then  next  ensuing,  which  motion  being  objected  to,  he 
moved  the  previous  question,  and  this  being  sustained,  un 
der  the  operation  thereof  the  bill  was  read  a  third  time, 
and  passed. 

This  bill  involves  questions  of  the  gravest  importance.  It 
provides  that  all  suspensions  of  the  privilege  of  the  writ  of 
habeas  corpus,  all  arrests  and  imprisonments  upon  what 
ever  pretexts  or  by  whomsoever  mad.-,  under  the  authority 
of  the  President,  howeverarbitrary  or  tyrannical  or  unjust, 
are  confirmed  and  made  valid;  and  that  all  persons  who 
advised  or  executed  or  assisted  in  the  execution  of  miy  such 
acts  are  discharged  from  all  liability,  whether  to  the  State 
or  to  individuals  "in  respect  thereof;''  and  that  all  proceed 
ings  against  them  of  any  nature,  whether  for  the  recovery 
of  damages  or  f«r  the  infliction  of  punishment  "  commenced 
or  to  bo  commenced,"  are  discharged  and  made  void.  It 
also  provides  that  the  President  may.  during  the  existence 
of  this  rebellion,  at  any  time  aud  anywhere  thr<  ughdut  any 
of  the  United  States,  and  as  to  any  person,  suspend  the 
privi  e^H  of  the  writ  of  habeas  corpus. 

The  bill  is  framed  upon  the  idea  that  the  acts  recited 
were  illegal,  and  without  just  cause  or  excuse;  that  they 
were  violations  of  the  rights  of  the  persons  arrested  and 


imprisoned ;  and  that  tor  them  redress  might  !>••  had  in  tha 
Courts  of  the  United  States,  by  resort  to  the  peaceful,  reg 
ular,  and  ordinary  administration  of  the  law.  It  is  fniined 
upon  the  idea  that  the  citizen  was  arrested  without  the 
existence  of  crime  on  his  part,  or  even  probable  cause;  to 
suspect  it,  and  that  in  making  such  arrests,  the  substance, 
as  well  as  the  form,  of  those  provisions  of  law  Intended 
to  secure  personal  liberty  were  entirely  disregarded.  It 
makes  no  exception  of  those  cases  in  which  the  arrest* 
have  been  made  with  malice,  and  the  imprisonments  have 
been  inflicted  with  circumstances  of  brufcvlity  and  cruelty, 
in  which  the  "public  good''  has  been  made  the  cloak 
wherewith  to  rover  the  gratification  of  jwlitical  animosity 
or  private  hatred.  It  distinguishes  in  nothing  between  the 
cases  in  which  an  honest  mistake  hits  been  followed  by  its 
immediate  correction,  and  cases  iu  which  malignity  has 
been  enabled,  by  false  pretences,  to  procure  the  arrest  and 
to  prolong  the  imprisonment,  to  the  loss  of  property,  the 
destruction  of  health,  and,  in  some  instances,  the  insanity, 
suicide,  or  lingering  death  of  the  unhappy  victim.  It  dis 
tinguishes  in  nothing  between  the  active  officer,  zealous  in 
the  full  discharge  of  his  official  duties,  and  the  base  mis 
creant  who  volunteers  to  assume  the  degrading  character 
of  spy  and  informer,  that  he  may,  with  more  effect  and 
security,  use  the  falsehood  which  the  venom  of  his  heart 
prompted  him  to  invent.  It  proposes  to  condone  all  of 
fences,  to  protect  all  offenders,  and  to  take  away  all  redress 
for  injuries,  however  great,  or  with  whatever  circumstances 
of  aggravation  or  bad  motive  inflicted. 

If  these  acts  hail  been  done  in  all  ca.ses  from  the  purest 
motives,  with  an  eye  single  to  the  public  good,  with  as  lit 
tle  aggression  as  possible  on  private  rights,  with  all  circum 
spection  and  care  that  only  those  who  wore  really  guilty 
should  suffer  such  confinement  as  would  prevent  the  com 
mission  of  an  unlawful  act — if  the  public  good  were  in  fact 
subserved  by  them — it  might  be  proper  to  protect  the  Pres 
ident,  and  those  acting  under  his  authority,  from  criminal 
prosecution  and  penal  sentence;  it  might  be  proper  to  pro 
tect  them  from  pecuniary  loss,  by  the  payment,  from  the  pub 
lic  Treasury,  of  the  damages  assessed  against  them.  Even 
then,  whilst  admitting  that  circumstances  like  these  would 
in  seasons  of  great  public  dangers  negative  all  wrongful  in 
tent  in  the  commission  of  these  illegal  acts,  it  would  be  the 
duty  of  the  Representatives  of  the  people  to  affirm  that  at 
all  times  the  President  of  the  United  States,  before  all  other 
men,  should  adhere  most  strictly  to  the  forms  of  legal  pro 
cedure  when  directing  his  powers  against  the  personal  lib 
erty  of  the  citizen.  It  could  never  be  proper  to  indemnify 
the  President,  and  those  acting  under  his  authority,  at  the 
expense  of  the  citizen  whom  they  had  injured,  or  to  add  to 
their  security  by  the  destruction  of  his  remedies. 

The  Constitution  of  the  United  States  guards  most  care 
fully  the  rights  of  the  citizen;  it  was  ordained  "'to  estab 
lish  justice,  insure  domestic  tranquillity,"  and  to  ''secure 
the  blessings  of  liberty,"  and  so  steadily  was  this  object  kept 
in  view,  that  in  addition  to  the  reservation  of  all  powers 
not  granted,  there  are  special  prohibitions  of  seizures  with 
out  warrant,  detentions  without  indictment,  imprisonment 
without  a  speedy  and  public  trial,  and  deprivation  of  life, 
liberty,  or  property  without  due  process  of  law;  and  thero 
are  clauses  which  extend  the  judicial  power  of  the  United 
States  to  all  controversies  between  citizens  of  different 
States,  and  secure  a  trial  by  jury  in  all  cases  in  which  the 
value  in  controversy  exceeds  twenty  dollars.  Congress  has 
hitherto  uniformly  maintained,  and,  as  far  as  was  neces 
sary,  has  perfected  by  its  legislation  these  guarantees  of  per 
sonal  liberty,  and  the  courts  have  enforced  them  by  the  as 
sessment  of  damages  for  their  infraction.  This  bill  proposes 
to  deprive  the  courts  of  the  power  to  afford  such  protection. 
It  will,  it  carried  out  into  practical  and  general  operation, 
release  the  people  from  the  duty  of  appealing  to  such  peace 
ful  and  legal  means  of  redress,  and  will  provoke  more  sum 
mary  and  less  constitutional  measures.  Yet  this  hill,  without 
precedent  in  our  history, suggesting  such  grave  questions  of 
constitutionality  and  expediency,  believed  by  many  mem 
bers  to  be  utterly  subversive  of  the  rights  of  the  citizen  and 
of  the  express  provisions  of  the  Constitution,  by  the  force 
of  mere  numbers  and  against  the  remonstrance  of  the  mi 
nority,  was  passed  within  one  hour  of  its  first  introduction, 
without  having  been  printed,  without  having  been  referred 
to  any  committee,  select  or  stimling,  and  without  any  op 
portunity  for  consideration  or  discussion. 

The  undersigned,  members  of  the  House  of  Representa 
tives,  do  therefore  most  solemnly  remonstrate  against  this 
action  of  the  House,  and  respectfully  ask  that  this  their 
protest  may  be  entered  upon  the  Journal. 

They  protest  against  the  refusal  of  the  House  to  permit 
consideration  and  discussion  of  the  bill  as  an  arbitrary  ex 
ercise  of  power  by  the  majority,  unjust  to  the  members, 
unjust  to  their  constituents,  and  derogatory  to  its  character 
as  a  deliberative  legislative  l»ody. 

They  protest  against  the  passage  of  the  bill — 

1.  Because  it  purports  to  deprive  the  citizen  of  all  exiwt- 
!  lag,  peaceful,  legal  modes  of  redress  for  admitted  wrongs, 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


185 


anil  thus  constrain*  him  tamely  to  submit  to  the  injury  in 
flicted  or  to  seek  illegal  and  forcible  remedies. 

2.  Because  it  purports  to  indemnity  the  President  and 
all  acting  under  his  authority  for  acts  admitted  to  be  wrong 
ful,  at  the  expense  of  tire  citizen  upon  whom  the  wrongful 
act*;  have  been  perpetrated,  in  violation  of  the  plainest 
principles  of  justice,  and  the  most  familiar  precepts  of  con 
stitutional  law. 

0.  Because  it  purports  to  confirm  arid  make  valid,  by  act 
of  Congress,  arrests  and  imprisonments  which  were  not 
only  not  warranted  by  the  Constitution  of  the  United  States, 
b'lf  wen,'  in  palpable  violation  of  its  express  prohibitions. 

4.  Because  it  purports  to  authorize  the  President,  during 
this  rebellion,  at  any  time,  as  to  any  person,  and  every 
where  throughout  the  limits  of  the  United  Sfates,  to  sus 
pend  the  privilege  of  the  writ  of  habeas  corpus,  whereas  by 
the  Constitution  the  power  to  suspend  the  privilege  of  that 
writ  is  confided  to  the  discretion  of  Congress  alone,  and  is 
limited  to  the  places  threatened  by  the  dangers  of  invasion 
or  insurrection. 

5.  Because,  for  these  and  other  reasons,  it  is  unjust  and 
unwise,  an  invasion  of  private  rights,  an  encouragement  to 
lawless  violence,  and  a  precedent  full  of  hope  to  all  who 
would  usurp  despotic  power  and  perpetuate  it  by  the  arbi 
trary  arrest  and  imprisonment  of  those  who  oppose  them. 

6." And  finally,  because  in  both  its  sections  it  is  "a  delib 
erate,  palpable,  and  dangerous"  violation  of  the  Constitu 
tion,  "  according  to  the  plain  sense  and  intention  of  that  in 
strument,"  and  is  therefore  utterly  null  and  void. 

Georgo  II.  Pendleton,    C.  A.  Wickliffe, 
W.  A.  Richardson,  Charles  J.  Biddle, 

J.  C.  Robinson,  J.  A.  Cravens, 

P.  B.  Fouke,  Elijah  Ward, 

James  R.  Moms,  Philip  Johnson, 

A.  L.  Knapp,  John  D.  Stiles, 

C.  L.  Vallandigham,       D.  W.  Voorhees, 
C.  A.  White.  G.  W.  Dunlap, 

Warren  P.  Noble,  Hendrick  B.  Wright, 

W.  Allen,  H.  Grider, 

William  J.  Allen,  WT.  H.  Wadsworth, 

S.  S.  Cox,  A.  Harding, 

E.  II.  Norton,  Charles  B.Calvert, 

George  K.  Shiel,  James  E.  Kerrigan, 

S.  E.  Ancona,  Henry  May, 

J.  Lazear,  R.  H.  Nugen, 

Nehemiah  Perry,  George  H.  Yeaman, 

C.  Vibbard,  B.  S.  Granger. 

John  Law, 

The  motion  to  enter  this  protest  was  tabled — 
yeas  75,  nays  41. 

The  above  bill  of  Mr.  STEVENS  was  amended 
in  the  Senate,  and  finally  passed  that  body — 
yeas  33,  naye  7,  as  follows,  January  28  : 

YEAS— Messrs.  Anthony,  Arnold,  Browning,  Chandler, 
Clark,  Collamer,  Cowan,  Dixon,  Doolittle,  Fessenden.  Foot, 
Foster,  Grimes,  Hale,  Harlan,  Harris,  Henderson,  Hicks, 
Howard,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Morrill, 
Pomeroy,  Sherman,  Sumner,  Ten  Eyck,  Trumbull,  Wade 
Wilkinson,  Willey,  Wilmot,  Wilson  of  Massachusetts— 33.  ' 

NAYS— Messrs.  Bayard,  Carlile,  McDougall,  Powell,  Turpie, 
Wall,  Wilson  of  Missouri— 7. 

The  House  non-concurred  in  the  amendments, 
and  a  Committee  of  Conference  having  met, 
agreed  upon  a  report,  which  was  agreed  to  in 
both  Houses  as  stated  before,  p,  184. 

VOTE  ON  SUSPENSION  OF  HABEAS  CORPUS. 

Pending  the  consideration  of  the  original 
House  bill  in  the  Senate, 

1863,  Feb.  19 — Mr.  POWELL  moved  to  strike 
out  the  third  section  authorizing  the  President 
to  suspend,  by  proclamation,  the  writ  of  habeas 
corpus  in  certain  contingencies  ;  which  was  re 
jected—yeas  13,  nays  27,  as  follows: 

YriAS— Messrs.  Bayard,  Carl  He,  Cowan,  Kennedy,  Latham 
Xfsmith  Powell,  Rice,  KMiardson,  Xaulsbury,  Turpie, 
Willey,  Wilson  of  Missouri— 13. 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Davis 
Dixon,  Doolittle,  Fessenden.  Foot,  Grimes,  Harris,  Hender 
son,  Hicks,  Howard,  Howe,  King,  Lane  of  Indiana,  Lane  of 
Kansas,  Morrill,  Pomeroy,  Sherman,  Sumuer.  Ten  Evck 
Trumbull,  Wilkinson,  Wilmot,  Wilson  of  Massachusetts— 27. 

VOTK  ON  ARRESTS. 

Feb  23— Mr.  CARLILK  moved  this  substitute 
for  the  bill  : 
From  and  after  the  passage  of  this  act,  and  during  the 


present  rebellion,  it  shall  not  be  lawful  fur  any  officer  or 
servant  of  th<»  United  States  to  arrest  or  detain  any  citizen 
of  the  United  States  who  may  be  supposed  or  alleged  to  be 
disloyal  thereto,  or  for  any  other  cause,  except  upon  oath  or 
affirmation  of  some  person  or  persons  well  known  to  be 
loyal  to  the  United  States,  and  particularly  describing  in 
said  oath  or  affirmation  the  act  of  disloyalty  or  other  cause 
for  which  the  said  citizen  should  be  arrested  and  detained, 

SEC.  2.  That  any  and  every  officer  or  servant  of  the  United 
States  who  shall  arrest  or  detain  any  citizen  of  the  United 
States  in  contravention  of  tho  provisions  of  the  first  section 
of  this  act  shall,  on  conviction  thereof  in  any  court  having 
jurisdiction  in  the  case,  suffer  a  fine  of  not  less  than 
$10,000,  or  imprisonment  in  the  penitentiary  for  a  term  not 
less  than  five  years. 

SEC.  3.  That  all  persons  arrested  under  the  provisions  of 
this  act  upon  the  charge  of  disloyalty  to  the  Government 
of  the  United  States,  or  for  any  other  cause,  shall  have  the 
privilege  of  the  writ  of  habeas  corpus  ;  and  the  said  writ 
shall  not  be  suspended  at  any  time  so  far  as  the  same  may 
relate  to  persons  arrested  as  aforesaid. 

SEC.  4.  That  nothing  in  this  act  shall  be  so  construed  a» 
to  prevent  the  arrest  of  any  person,  a  citizen  of  any  or 
either  of  the  States  now  in  rebellion  against  the  Govern 
ment  of  the  United  States,  who  may  be  charged  with  trea 
son  or  disloyalty  thereto:  I*roridwl,  That  all  arrests  of 
such  persons  shall  be  made  as  provided  in  the  first  section 
of  this  act,  or  upon  the  precept  of  the  President  of  the 
United  States. 

Which  was  rejected — yeas  7,  (Messrs.  Car- 
lile,  Kennedy,  Powell,  Richardson,  Saulsbury, 
Turpie,  Wall,}  nays  29. 

THE  ACT  SUSTAINED  BY  THE  COURTS. 

The  important  case  of  George  W.  Jones,  ex- 
Minister  to  Bogota,  vs.  William  H.  Seward,  haa 
been  decided  in  New  York  by  the  Supreme 
Court.  Mr.  Jones  was  arrested  on  a  telegraphic 
dispatch  from  Secretary  Seward,  and  impris 
oned  at  Fort  Lafayette.  When  released  he 
brought  a  suit  for  $5,000  damages  for  false  im 
prisonment.  Mr.  Seward,  by  counsel,  moved 
to  transfer  the  case  to  the  United  States  Circuit 
Court,  under  the  act  of  March,  1863.  The  mo 
tion  was  denied,  and  the  General  Term  decided 
an  appeal  which  was  taken  to  it.  The  majority 
of  the  judges  affirm  the  act;  one,  Clerke,  dis 
sented. 

George  W.  Jones  vs.  William  H.  Seward. 

LEONARD,  J.— The  question  is  not  whether  the  4th  section 

!  of  the  act  of  Congress  passed  March  3,  1863,  affords  a  valid 

defence  to  the  action.    The  true  question  is  this:  Is  it  iu 

the  power  of  Congress  to  give  the  circuit  court  jurisdiction 

of  the  case '( 

The  Constitution  extends  the  judicial  power  of  the  Union 
to  all  cases  in  law  and  equity  arising  under  the  Constitu 
tion,  laws,  and  treaties  of  the  United  States. 

The  defence  in  this  case  arises  under  the  act  of  Congreww, 
and  the  validity  of  that  act,  considered  in  the  light  afforded 
by  the  Constitution,  will  be  one  of  the  principal  subjects  to 
be  determined  at  the  trial.  It  has  been  decided  thatacas« 
arises  within  the  meaning  of  the  Constitution  as  well  when 
the  defendant  seeks  protection  under  a  law  of  Congress,  a* 
when  a  plaintiff  comes  into  court  to  demand  some  right 
conferred  by  law. 

It  has  been  objected  that  the  original  jurisdiction  of  all 
actions  may  be  drawn  into  the  Federal  courts,  by  similar 
enactments  of  Congress,  and  that  the  case  arises  within  thu 
meaning  of  the  Constitution  only  after  a  trial  and  judgment 
in  this  court,  when  the  action  can  be  referred  by  a  writ  of 
error  or  appeal,  and  brought  before  tho  Federal' courts  for 
review. 

The  power  of  transferring  causes  to  the  United  State* 
Circuit  in  a  similar  manner,  where  the  question  involved 
was  of  an  appellate  and  not  original  jurisdiction,  has  long 
been  sustained. 

Chief  Justice  Marshall  says,  in  the  case  of  Oaborn  vs.  Th« 

j  Bank  of  the  United  States  (9  Wheaton,  821):  "  We  perceive 

!  no  ground  on  which  the  proposition  can  be  maintained,  that 

Congress  is  incapable  of  giving  the  circuit  courts  original 

jurisdiction,  in  any  case  to  which  the  appellate  jurisdiction 

extends." 

Congress  has  enacted  that  the  defendant  may  interpose 
in  his  defence  the  orders,  Ac.,  of  the  President,  and  has 
directed  the  transfer  of  cases  involving  such  a  defence,  in 
the  manner  prescribed,  into  the  circuit  court. 

According  to  the  statements  of  the  defendant  such 


186 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


has  aris'-n.  Wo  have  nothing  to  do  with  the  validity  of  the 
law  as  a  defence  to  the  actioii.  It  in  sufficient  lor  the  State 
court  that  the  defence  involves  the  construction  and  effect 
of  a  law  of  Congress.  The  case  has  then  arisen  when  the 
courts  of  the  United  States  may  have  jurisdiction,  if  Con 
gress  so  directs.  If  tho  law  does  not  afford  a  constitutional 
or  valid  defence,  it  cannot  now  be  doubted  that  the  learned 


the  Judiciary  Act  ;  1  Stat.  at  Larpp,  85:  Cohen  va.  Virgin'*, 


6  Wheat  .11,  2C4;  .Millar  vx   Nicholl*   4  Wheato 


il  . 


Cannot  Coagrerl  give  the  Circuit  <'ourt  of  thu 
States  original  jurisdiction  in  any  case  to  which  this  app 


late  jurisdiction  exti-inl>i' 

In  Osborn  rx.  United  States   Bank,  '.»  Wheaton,  citeil   by 

Judge  Leonard.  Chief  Justice  Marshall  said  he  could  p~r- 

instices  of  tlie  United  States  Courts  will  so  declare  it,  when  !  ceive  no  ground  for  saying  that  Congress  could  not. 
the  jurisdiction  of  such  cases  will  remain  in  the  State  I  In  that  case  one  of  the  questions  was  whether  Congre<<o 
courts,  as  before  the  enactment  oi'  the  law.  It  is  not  our  j  could  constitutionally  confer  on  the  Bank  the  right  to  sus 
duty  to  assert  the  independence  of  our  State  sovereignty  and  be  sued  "in  every  Circuit  Court  of  tho  United  States/' 
and  jurisdiction ;  for  the  linal  construction  and  effects  of  all  ]  It  was  held  that  such  a  suit  was  a  case  arising  under  a 
acts  of  Congress  may  be  brought  before  the  United  States  |  law  of  the  United  States,  consequently  that  it  was  within 
Courts  by  tho  express  provision  of  the  Constitution.  |  the  judicial  power  of  the  United  States,  and  Congress  could 


The  manner  of  taking  the  cause  to  those  courts  is  of  con 
sequence.  The  Supreme  Court  of  tho  Union  must  be  relied 
on  to  prevent  its  jurisdiction  from  being  unlawfully  ex 
tended  by  Congress.  1  am  of  the  opinion,  therefore,  that 


confer  upon  the  Circuit  Court  jurisdiction  over  it. 

See,  also,  Curtir-s's  Com.  on  the  Jurisdiction,  &c.,  of  the 
Courts  of  the  United  States,  sections  12  and  13;  the  latter 
tion,  containing  a  quotation  from  another  portion  (p.  8C5) 


Congress  has  the  power  to  direct  the  transfer  of  such  cases,  j  of  the  opinion  of  Chin  .iu-ti<-.-  Marshall  in  Osboin  Vv.  the 
In  my  opinion  this  application  was  necessary  in  order  to  | 


Bank  of  the  United  States,  apparently  quite  pertinent  to 

vest  the  U.  S.  Circuit  Court  with  the  possession  of  the  ac-  |  the  question  in  this  case. 

tion,  but  the  discussion  has  not  been  lost,  inasmuch  as  it  \       I  concur,  then,  in  the  conclusion  of  Judge  Leonard,  that 

Congress  had  the  power  to  direct  the  transfer  to  the  Circuit 
Court  of  the  United  States. 

Probably  an  order  of  this  Court  directing  such  transfer  i» 
not  absolutely  necessary,  but  to  make  one  would  be  in  ac 
cordance  w'th  usage  in  like  cases;  and  besides,  such  an 
order  would  be  the  best  evidence  of  tha  tlutvrminutiou  of 
this  Court,  that  it  no  Linger  had  jurisdiction  of  this  action. 
It  appearing  that  the  defendant  has  complied  with  the 
requirements  of  tho  act  lor  such  transfer,  tho  order  ap- 


wili  be  now  settled  that  this  Court  will  not,  in  this  judicial 
district,  take  further  cogni/ance  of  cases  which  have  been 
transferred  under  this  act  of  Congress.  It  is  very  proper 
that  an  order  bo  entered  transferring  the  cause  to  the  U.  S. 
Circuit,  as  it  affords  tho  evidence  iu  the  Court  of  the  dispo 
sition  made  of  it. 

In  arriving  at  my  conclusions  I  have  consulted  Story's 
Com.ontheConstitution,chap.oS,2?903,90o,  Ac.;  1  Wheat., 
Martin  rs.  Hunter;  t"<  Wheat.,  Cohen  -iw.  The  State  of  Vir 
ginia;  'J  Wheat.,  Osboru  vs.  The  Bank  of  United  States. 

As  a  rule  of  practice  I  think  the  Court  should  not  ap 
prove  any  sureties  unless  the  amount  of  the  bond  is  equal  j  therein  to  tiie  Circuit  Court  of  the  United  States, 
to  the  sum  in  which  the  defendant  in  the  action  has  been 
held  to  bail,  if  bail  has  been  required  in  the  State  Court. 
This  tr.ct  should  be  made  to  appear  to  the  satisfaction  of  the 
judge  to  whom  the  bond  is  presented  for  approval. 


pealed  from  should  be  reversed,  and  an  order  made  by  this 
Court  for  the  removal  of  the  action  and  all  proceeding* 


Dissenting  Opinion. 

CLERKE.  J. — 1  see  nothing  whatever  in  the  arguments  of 

,__„.   --  r --rr my  brethren,  or  in  those  of  other  judges  on  the  same  sub- 

Tho  decision  in  this  case  will  also  embrace  the  case  of  I  ject,  to  induce  me  to  recede  from  the  position  which  1  have 
Gudeman  vs.  Wool,  argued  at  the  same  general  term  as  the  j  attempted   to  maintain-  at   Special  Term.     They  have  ail 

j  alike,  in  my  very  humble  judgment,  unaccountably  over- 


case. 


The  order  appealed  from  should  be  reversed,  and  the  mo 
tion  below  should  be  granted  without  costs. 

ScTHLRL.OJjj,  J. — The  question  is  not  as  to  the  constitu 
tionality  of  the  fourth  section  of  the  act  declaring  that  the 
order  or  authority  of  the  President,  during  the  rebellion, 
••mall  be  a  defence  in  all  Courts,  to  any  order  for  ii.ny  arrest, 
imprisonment,  or  act  done,  or  omitted  to  be  done,  under  or 
by  color  of  the  President's  order,  or  of  any  law  of  Con 
gress;  but  the  question  is  as  to  the  constitutionality  of  the 
tiith  section  of  the  act,  authorizing  the  defendant  iu  any  such 
action,  to  remove  the  same  from  tho  State  Court  to  the  Cir 
cuit  of  the  United  States  for  the  district  where  the  suit  is 
brought  for  trial,  on  complying  with  certain  requirements 
ispeciiicd  in  the  section ;  that  i.s.  on  entering  his  appearance, 
tiling  his  petition  stating  the  facts,  offering  good  and  suffi 
cient  surety,  <fec. 

The  question  presented  by  this  appeal  is  not  as  to  the  con 
stitutional  power  of  the  President  to  order  th«  arrest,  im 
prisonment,  &c  ,  or  as  to  the  constitutional  power  of  Con 
gress  to  authorize  the  President  to  order  the  arrest,  impris 
onment,  &.-.;  but  the  question  presented  by  the  appeal  is 
an  to  the  constitutional  power  of  Congress  to  give  the  Cir 
cuit  Courts  of  the  United  States,  primary  or  original,  and 
.as  to  the  State  Courts)  exclusive  jurisdiction,  of  the  trial  of 
actions  for  such  arrests,  imprisonments.  Ac. 

In  determining  the  question  as  to  the  constitutionality  of 
the  sixth  section  of  the  act,  we  mustassHine,  I  think,  that 


looked  the  only  point  claiming  consideration  on  this  great 
constitutional  subject. 

A<  cording  to  the  doctrine  upheld  by  my  brethren,  we 
cau  scarcely  conceive  of  any  act  committed  by  any  oftice'- 
of  the  General  Government,  under  color  of  any  authority 
derived  from  or  under  the  President,  which  may  not  con 
stitute,  a  genuine,  veritable  case  arising  under  the  Consti 
tutinn  of  the  United  States,  and  which,  therefore,  may  not 
rightly  come  within  the  cognizance  of  their  judicial  power 
It  is  only  necessary  to  claim  that  it  was  committed  undei 
color  of  that  authority,  aod  was,  therefore,  justified  by  tb« 
Constitution,  however  monstrous  ami  appalling  the  act 
may  be.  to  make  i  t,  according  to  this  doctrine,  a  case  arising 
under  that  Constitution.  For,  of  course,  according  to  th» 
terms  of  that  claim,  the  claimant  appeals  through  this  r» 
markable  statute,  to  the  Constitution  foi  his  justification^ 
and,  however  palpably  frivolous  such  a  claim  may  be-- 
however  palpably  manifest  may  b  '•  the  conviction  that  th* 
Constitution  no  more  sanctions  such  an  act  than  it  sane  tiont . 
the  burning  of  the  Capitol,  the  dispeisiou  of  CougveitB,  &n< 
the  shooting,  imprisonment  or  exile  of  the  men  of  trboui  iK 
is  composed,  yet  it  is  claimed  to  present  a  question,  and  . 
therefore,  a  case  arising  under  the  Great  Charter  of  Consti  - 
sutional  Liberty  in  America — the  perpetrator  of  the  out 
rage  in  (king  that  a  question  which  is  unr.uistionably  n:> 
question  ;  and  the  judicial  power  of  the  Slata  is  ousted  ot 


its  legitimate  jurisdict 


Th us.  this  extraordinary  statute 


the  trial  of  this  action  will  involve  the  determination  of  the     prescribes  not  only  that  the  character,  but  the  mereasser- 
(Keation  aq  the  constitutionality  of  the  fourth  section ;  that  |  tion  of  the  wrong-doer  shall  determine  jurisdiction, 


Congress,  in  passing  the  act.  considered  that  the  trials  of 
the  actions  to  be  removed  to  the  Circuit  Courts  of  the  Uni 
ted  States  under  it  would  involve  the  determination  of  the 
question  as  to  tho  constitutionality  of  the  fourth  section. 
whether  tried  in  the  Stale  or  United  States  Courts;  and 


that  the  subject-matter,  which  ban  beau  alwajs  held,  ex 
cept  in  cases  affecting  Embassaijkra,  other  diplomatic 
Ministers  and  Consuls,  as  alone  the  criterion  of  jurisdiction, 
shall  be  excluded  from  consideration.  Surely,  if  thh  can 
be  done  by  Congress,  the  Government  of  the  United  States 


thai  Congress  intended  by  ihe  fifth  section  to  take  from  the  \  of  America,  is  not  us  all   men   n?.ve  heretofore  supposed, 


State  Courts,  and  give  it  to  the  Circuit  Courts  of  the  United 
States,  the  right  and  power  to  determine  that  question. 

Had  Congress  the  constitutional  power  to  do  this '(    That 
is  the  question. 


incontestably  a  Government  of  limited  powers  and  duties, 
and  is.  if  not  one  of  unlimited  powers  and  duties,  neverthe 
less,  of  very  accommodating  expansibility.  This  is  a  novel 
and  strange  theory  of  development  in  America. 


If  Congress!  had  the  power,  then  the  order  appealed  from  i  But,  it  is  asserted  as  the  appellate  power  of  the  Supreme 
denying  the  defendant's  motion  to  remove  the  actioii  and  Court  of  the  United  State*  extends  in  certain  cases  to  State 
all  proceedings  therein  t*  the  Circuit  Court  of  the  United  tribunals,  that  this  case  would,  after  judgment,  reach  th» 
States  for  the  Southern  District  of  New  York  should  be  re-  j  Federal  jurisdiction,  arJ  that,  therefore,  it  may  as  well  be 
versed,  and  1  think  an  order  made  directing  such  removal,  j  transferred  to  the  U0UeO  States  Circuit  Court  before  judg- 
If  Congress  had  not  the  power,  then  the  order  appealed  from  i  ment.  Even  if  the  Supreme  Court  of  the  United  States 


should  be  affirmed. 

If  no  steps  had  been  taken  for  the  removal  of  the  action 


wMild  entertain  sac)',  a  case  on  appeal  this  i.s  no  controlling 
reason  why  it  should,  necessarily,  be  transferred  to  tho 


from  this  Court,  a»d  the  action  should  be  tried  iu  this  Court,  United  States  Circuit  for  adjudication  in  the  first  instance. 
ami  the  question  as  the  constitutionality  ofthe  fourth  section  i  For.  the  only  question  to  be  determined  by  us  on  this 
<'f  the  act  should  be  decided  adversely  to  the  defendant  by  '  motion,  is  whether  Congress  has  the  power  to  transfr- 
the  Court  of  Appeals  of  this  State,  the  Supreme  Court  of  the  !  cases  of  this  description  to  the  Circuit  Court  of  the  United 
United  Sates  won!  1  have  final  and  conclusive  appellate  State-,  not  .whether,  ultimately,  it.  may  reach  the  appellate 
jurisdiction  of  thequestion.  (Const.  U.  S.  Art.  3;  sec  25  of  jurisdiction  of  the  United  States  Supreme  Court. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


187 


The  act  of  Congress,  passed  in  1789,  "to  establish  the  ju 
dicial  courts  of  the  United  States,1'  no  doubt  provides  that 
a  final  judgment  or  decree  in  any  suit  in  the  highest  court 
of  law 'or  equity  of  a  State,  where  is  drawn  in  question  the 
validity  of  a  statute  of  the  United  States,  and  the  decision 
is  against  its  validity,  may  be  re-examined  and  revised  or 
affirmed  in  the  Supreme  Court  of  the  United  States.  But, 
if  it  is  too  clear  for  controversy  that  the  statute  is  an  out 
rage  on  the  Constitution,  if  it  is  palpably  usurpation,  if  it 
is  plain  to  the  most  unlettered  citizen,  that  the  statute  is 
an  attempt  to  subvert  all  the  securities  which  the  founders 
of  tho  Government  have  provided  for  the  preservation  of 
personal  liberty,  and  to  invest  one  man  with  unlimited  dic 
tatorial  power,  and,  therefore,  that  the  appeal  was  palpably 
frivolous,  I  presume  the  court  would  hear  no  argument  on 
such  an  appeal,  and  would,  forthwith,  affirm  the  judgment 
or  dismiss  the  writ. 

Would  they,  for  instance,  hearken  to  an  appeal  involv 
ing  the  validity  of  an  act  of  Congress  giving  the  President 
or  any  other  member  of  the  Government  power,  by  a  coup 
d'etat,  to  extinguish  the  legislative  branch,  as  Cromwell  did 
the  Long  Parliament,  and  substitute  a  Barebones  Legisla 
ture  in  its  place  ?  Surely  not ;  if  they,  too.  were  not  struck 
down,  and  were  not  (if  said  debasement  can  be  imagined) 
by  force,  by  fear,  or  by  corrupt  appliances  or  selfish  aspira 
tions,  robbed  of  independence.  So  that  the  consideration 
whether  the  act  is  not  palpably  void  must  present  itself  on 
appeal  as  it  now  presents  itself  to  us  on  this  motion;  and, 
if  it  is  palpably  void.  T  repeat  it  would  not  be  treated  on 
appeal  as  worthy  of  being  for  a  moment  entertained. 

I  still  consider  the  defence  in  this  case  just  as  destitute 
of  color  as  tho  case  which  I  have  imagined.  Whether,  un 
der  the  pretext  of  authority  from  the  President  of  the  United 
States,  anyone  citizen,  at  his  mere  will  and  pleasure,  with 
out  any  intervention  of  the  judicial  tribunals,  can  incar 
cerate  another  citizen  cot  subject  to  military  law  in  a  loath 
some  dungeon,  for  many  months,  or  for  a  day  or  an  hour, 
cannot,  under  any  circumstances  in  which  the  nation  may 
be  placed,  be  treated  as  a  question  constituting  a.  case  aris 
ing  under  the  Constitution ;  and  any  statute  which  declares 
the  contrary  is  palpably  void.  The  order  at  Special  Term 
should  be  affirmed  with  costs. 

MILITARY    ARRESTS. 

The  following  order  has  been  issued  by  Gen 
eral  Augur : 

HEADQUARTERS  DEPARTMENT  OF  WASHINGTON, 

22D  ARMY  CORPS,  June  20,  1864. 

GENERAL  ORDER  No.  51.— First :  Hereafter  no  citizen,  com 
missioned  officer,  or  enlisted  man,  will  be  arrested  on  the 
report  of  a  detective  employed  by  any  officer  subject  to  the 
jurisdiction  of  this  department,  except  in  extreme  cases 
where  there  is  no  doubt  of  guilt,  and  immediate  action  is 
needed,  until  the  report  has  first  been  forwarded  for  action 
at  these  headquarters. 

Second:  All  officers  serving  in  this  department  employing 
detectives  will  send  with  as  little  delay  as  possible  a  list  of  I 


same  is  hereby  suspended :  but  eueh  suspension  shall  apply 
only  to  the  cases  of  persons  arrested  or  detained  by  order  of 
the  President,  Secretary  of  War,  or  the  general  officer  com 
manding  the  Trans-Mississippi  Military  Department,  by  tho 
authority  and  under  the  control  of  the  President.  It  is 
hereby  declared  that  the  purpose  of  Congress  in  the  passage 
of  this  act  ist'>  provide  more  effectually  for  the  public  sat'ety 
by  suspending  the  writ  of  habeas  corpus  in  the  following 
cases,  and  no  other  : 

1.  Of  treason,  or  treasonable  efforts  or  combinations,  to 
subvert  the  Government  of  the  Confederate  States. 

2.  Of  conspiracies  to  overthrow  the  Government,  or  con 
spiracies  to  resist  the  lawful  authority  of  the  Confederate 
States. 

3.  Of  combining  to  assist  the  enemy,  or  of  communi 
cating  intelligence  to  the  enemy,  or  giving  him  aid  and: 
comfort. 

4.  Of  conspiracies,  preparations  and  attempts  to  incite 
servile  insurrection. 

5.  Of  desertions  or  encouraging  desertions,  or  harboring 
deserters,  and  of  attempts  to  avoid  military  service  :  Pro 
vided,  That  in  cases  of  palpable  wrong  and  oppression  by 
any  subordinate  officer,  upon  any  party  who  does  not  le 
gally  owe  military  service,  his  superior  officer  shall  grant 
prompt  relief  to  the  oppressed  party,  and  the  subordinate 
shall  be  dismissed  from  office. 

6.  Of  spies  and  other  emissaries  of  the  enemy. 

7.  Of  holding  correspondence  or  intercourse  with   the 
enemy,  without  necessity,  and  without  the  permission  of 
the  Confederate  States. 

8.  Of  iinlawful  trading  with  the  enemy  and  other  offences 
against   the  laws  of   the  Confederate   States,  enacted  to 
promote  their  success  in  the  war. 

9.  Of  conspiracies,  or  attempts  to  liberate  prisoners  of 
war  held  by  the  Confederate  States. 

10.  Of  conspiracies,  or  attempts  or  preparations  to  aid 
the  enemy. 

11.  Of  persons  aiding  or  inciting  others  to  abandon  tho 
Confederate  cause,  or  to  resist  the  Confederate  States,  or  to 
adhere  to  the  enemy. 

12.  Of  unlawful  burning,  destroying  or  injuring,  or  at 
tempting  to  burn,  destroy  or  injure  any  bridge  or  railroad, 
or  telegraph  line  of  communication,  or  other  property  with 
the  intent  of  aiding  the  enemy.* 

13.  Of  treasonable  designs  to  impair  the  military  power 
of  the  Government  by  destroying  or  attempting  to  destroy 
the  vessels  or  arms,  or  munitions  of  war,  or  arsenals,  foun- 
deries,  workshops,  or  other  property  of  the  Confederate 
States. 

The  remaining  sections  are   unimportant.    The  act   to- 
continue  in  forco  90  days  after  meeting  of  next  Congress. 

EXTENT   OF    POWER   CLAIMED   BY   THE   GOVERNMENT. 

The  instructions  of  the  War  Department  with  respect  to 
proceedings  under  the  law  making  a  limited  or  quasi  sus 
pension  of  the  habeas  corpus,  remove  many  grounds  of 
clamor,  and  propose  what  may  be  considered  as  a  very 
execution  of  the  law.  Parties  arrested,  in  the 


those  employed  to  these  headquarters,  specifying  the  author-    Cftv<os  specified  in  the  law,  will  not  be  denied  a  trial,  but 
ity  by  whom  employed :  and  they  arc  notified  that  they  will     their       es  Wl11  be  investigated  by  commissioners,  who  will 
be  held  responsible  for  improper  action  or  abuse  of  authority 
on  the  part  of  their  employees. 
By  command  of  Major  General  C.  C.  AUGUR  : 

J.  H.  TAYLOR, 
Chief  of  Staff,  A.  A.  G. 


"Confederate"  Legislation. 

[From  the  Richmond  Sentinel,  Feb.  17, 1864.] 

SUSPENSION  OF  THE  WRIT  OF  HABEAS  CORPUS. 

The  following  bill  passed  both  Houses  of 
Congress : 

A  Bill  to  suspend  the  privilege  of  the  writ  of  habeas  corpus 

in  certain  cases. 

Whereas,  the  Constitution  of  the  Confederate  States  of 
America  provides,  in  article  1,  section  9,  paragraph  3,  that 
'*  tho  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus 


*  Respecting  this  oli'ence,  this  order  was  issued  in  1861 : 

WAR  DEPARTMENT. 
RICHMOND,  November^,  1861 . 

SIR:  Your  report  of  the  20th  instant  is  received,  and  I 
now  proceed  to  give  you  the  desired  instructions  in  relation 
to  the  prisoners  taken  by  you  among  the  traitors  of  East 
Tennessee. 

First.  All  such  as  can  be  identified  in  having  been  en 
gaged  in  bridge  burning  are  to  be  tried  summarily  by  drum 
head  court-martial,  and,  if  found  guilty,  executed  on  th& 
spot  by  hanging.  It  would  be  well  to  leave  their  bodies 
hanging  in  the  vicinity  of  the  burnt  bridges. 

Second.  All  such  as  have  not  been  so  engaged  are  to  be 
treated  as  prisoners  of  war,  and  sent  with  an  armed  guard 
to  Tu.scaloo.sa,  Alabama,  there  to  be  kept  imprisoned  at  tho 
depot  selected  )>y  the  Government  for  prisoners  of  war. 

Whenever  you  can  discover  that  arms  are  concentrated 


j  by  these  traitors,  you  will  send  ouf  detachments,  search  for 
pended,  unless  when,  in  ca.ses  of  rebellion  or  invasion,  the  |  and  seize  tho  arms.  In  no  case  is  one  of  the  men  known  to 
public  safety  may  require  it:"  and  whereas  the  power  of:  have  been  up  in  arms  against  the  Government  to  be  re- 
suspending  the  privilege  of  said  writ,  as  recognized  in  said  ,  leased  on  any  pledge  or  oath  of  allegiance.  The  time  tor 
article  1,  is  vested  solely  in  the  Congress,  which  is  the  ex-  such  measures  is  past.  They  are  to  be  held  as  prisoners  of 
elusive  judge  of  the  necessity  of  surh  suspension;  and  war,  and  held  in  jail  till  the  end  of  the  war.  Such  as  come 
whereas,  in  the  opinion  of  the  Congress,  the  public  safety  in  voluntarily,  take  the  oath  of  allegiance,  and  surrender 
requires  the  suspension  of  said  writ  in  tho  existing  case  of  their  arms,  are  alone  to  be  treated  with  leniency, 
the  invasion  of  these  States  by  the  armies  of  the  United  '  Your  vigilant  execution  «f  these-  orders  is  earnestly  urged 
btates;  and  whereas,  the  President  has  asked  for  the  sus-  I  by  the  Government. 
pension  of  the  writ  of  habeas  corpus,  and  informed  Congress  |  Your  obedient  servant, 

of  conditions  of  public  danger  which  render  the  suspension  !  J.  P.  BENJAMIN,  Secretary  of  War. 

of  the  writ  a  measure  proper  for  the  public  defence  against        Col.  W.  B.  WOOD,  Ktwxville,  Tcnn. 

invasion  and  insurrection:  Now,  therefore,  P.  S.— Judge  Patterson,  Col.  Pickens.  and  other  ring- 

Ihat  during  the  present  invasion  of  the  Confederate    leaders  of  the  same  class,  must  be  sent  at  once  to  Tuscaloosa 
Suites,  the  privilege  of  the  writ  of  habeas  corpus  be  and  the    to  jail  as  prisoners  of  war. 


188 


ADMINISTRATION    OP   ABRAHAM    LINCOLN". 


be  appointed  for  those  duties  in  the  different  military  de 
partments. 

Information  of  all  arrests  under  the  law  will  be  given  by 
the  department  commander  as  Boon  as  practicable  after 
they  are  made,  and  the  commissioner  will  proceed  to  inves 
tigate  the  same.  If,  upon  examination,  a  reasonable  and 
probable  cause  for  detention  does  not  appear,  he  will  certify 
the  fact  to  the  general  or  other  officer  in  command,  who 
will  immediately  discharge  the  prisoner  from  arrest.  But 
if  a  reasonable  and  probable  cause  does  appear,  the  com 
missioner  will  forthwith  transmit  to  the  War  Department  a 
copy  of  the  evidence  taken  in  the  case,  with  his  opinion 
thereon,  for  instructions,  and  meanwhile  the  prisoner  will 
remain  in  custody. 

In  cases  where  persons  not  belonging  to  the  military  ser 
vice  shall  apply  to  any  court  or  officer  in  the  Confederate 
States  for  a  writ  of  liabeas  corpus,  it  will  be  the  duty  of  the 
officer  having  the  command  or  custody  of  such  person  forth 
with  to  report  the  case,  with  all  the  relevant  facts,  to  the 
War  Department,  for  instructions  as  to  the  proper  answer 
to  be  made  to  such  writ. 

Newspaper  Exclusion  and  Suppres 
sion. 

August  16,  1861— In  the  United  States  Circuit 
Court  of  New  York  the  grand  jury  presented 
the  Journal  of  Commerce,  the  Daily  News,  the 
Freeman's  Journal,  and  the  Brooklyn  Eagle  as 
aiders  and  abettors  of  treason,  in  terms  follow 
ing: 

To  the  Circuit  Court  of  the.  United  States 

for  the  Southern  District  of  New  York: 

The  Grand  Inquest  of  the  United  States  of  America  for 
the  f  outhern  District  of  New  York  beg  leave  to  present  the 
following  facts  to  the  Court  and  ask  its  advice  thereon : 

There  are  certain  newspapers  within  this  district  which 
are  in  the  frequent  practice  of  encouraging  the  rebels  now 
in  arms  against  the  Federal  Government  by  expressing  sym 
pathy  and  agreement  with  them,  the  duty  of  acceding  to 
their  demands,  and  dissatisfaction  with  the  employment  of 
force  to  overcome  them.  These  papers  are  the  New  York 
•daily  and  weekly  Jour, ml  of  Commerce,  the  daily  and  weekly 
Jfeius,  the  daily  and  weekly  Dan-Bonk,  the  Freeman's  Jour 
nal, &\\  published  in  the  city  of  New  York,  and  the  daily  and 
weekly  K'JLglf,  published  in  the  city  of  Brooklyn.  The  first 
named  of  these  has  just  published  a  list  of  newspapers  in 
the  free  Stated  opposed  to  what  it  calls  "  the  present  unholy 
war" — a  war  in  the  defence  of  our  country  and  its  institu 
tions,  and  our  most  sacred  rights,  and  carried  on  solely  for 
the  restoration  of  the  authority  of  the  Government. 

The  Grand  Jury  are  aware  that  Ires  Governments  allow 
liberty  of  speech  and  of  the  press  to  their  utmost  limit,  but 
there  is  nevertheless  a  limit.  If  a  person  in  a  fortress  or 
an  army  were  to  preach  to  the  soldiers  submission  to  the 
enemy  ho  would  be  treated  as  an  offender.  Would  he  be 
more  culpable  than  the  citizen  who,  in  the  midst  of  the 
most  formidable  conspiracy  and  rebellion,  tells  the  con 
spirators  and  rebels  that  they  are  right,  encourages  them 
to  persevere  in  resistance,  and  condemns  the  effort  of  loyal 
citizens  to  overcome  and  punish  them  as  an  ''unholy  war';'' 
If  the  utterance  of  such  language  in  the  streets  or  through 
the  press  is  not  a  crime,  then  there  is  a  great  defect  in  our 
laws,  or  they  were  not  made  for  such  an  emergency. 

The  conduct  of  these  disloyal  presses  is  of  course  con 
demned  arid  abhorred  by  all  loyal  men;  but  the  Grand  Jury 
•will  be  glad  to  learn  from  the  Court  that  it  is  also  subject 
to  indictment  and  condign  punishment. 

All  which  is  respectfully  presented. 

CHARLES  GOULD,  Foreman. 

Nnw  YORK,  August  16, 1861. 

[Signed  by  all  the  Grand  Jurors.] 

ORDER  OF  THE  POSTMASTER  GENERAL. 

POST  OFFICE  DEPARTMENT,  August  22,  1861. 
Sm :  The  Postmaster  General  directs  that 'from  and  after 
your  receipt  of  this  letter  none  of  the  newspapers  pub- 
(ished  in  New  York  city  which  were  lately  presented  by 
th'j  grand  jury  as  dangerous,  from  their  disloyalty,  shall  be 
forwarded  in  the  mails. 
I  am,  respectfully,  your  obedient  servant, 

T.  B.  TROTT,  Chief  Cltrk. 
To  the  POSTMASTER,  New  York  City. 

SEIZURKS    OF    NEWSPAPERS. 

PHILADELPHIA,  August  22 — 0:i  the  arrival  of  the  New 
York  train  this  morning  Marshal  Millward.  and  his  officers, 
examined  all  the  bundles  of  papers  and  seized  every  copy 
of  the  New  York  Daily  Now*.  The  sale  of  this  paper  is 
totally  suppressed  in  this  city.  Marshal  Millward  also 
seized  all  the  bundles  ol  the  Duily  News  at  the  Express 


office?  for  the  We<?t  and  South,  including  over  one  thousand 
copies  for  I/>uisville,  and  nearly  five  hundred  copies  for 
Baltimore,  Washington,  Alexandria,  and  Annapolis.  Th* 
Marshal  also  took  possession  of  the  office  of  the  Christina 
Observer  in  consequence  of  a  late  violent  article  on  the  "on- 
holy  war." 

Other  newspapers  were  similarly  excluded  from 
the  mails,  and  in  due  time,  the  subject  engaged 
the  attention  of  Congress ;  resolutions  of  in 
quiry  having  been  offered  in  the  Senate,  January 
14,  1863,  by  Mr.  CARLILE,  and  in  the  House, 
December  1,  1862,  by  Mr.  VALLANDIGHAM. 

1863,  January  20 — The  Committee  on  Judici 
ary  of  the  House  of  Representatives  made  a 
report,  which  embodied  the  following  letter  of 
the  Postmaster  General : 

POST  OFFICE  DEPARTMENT,  January  5. 1863. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  ths 
communication  signed  by  you  in  behalf  of  the  Judiciary 
Committee,  embracing  a  copy  of  the  resolution  of  the  Honu« 
of  Representatives,  in  the  following  words: 

"Resolved,  That  the  Committee  on  the  Judiciary  be  in 
structed  to  inquire  and  report  to  the  House  at  an  early  day 
by  what  authority  of  Constitution  and  law.  if  any"  the 
Postmaster  General  undertakes  to  decide  what  newspapers 
may  and  what  shall  not  be  transmitted  through  the  mail* 
of  the  United  States." 

On  the  first  day  of  the  last  session  of  Congress,  being  the 
earliest  opportunity  after  the  action  to  which  the  resolution 
relates,  I  submitted  to  Congress  a  statement  of  my  action, 
and  of  the  general  reasons  and  authority  for  the  same,  in 
the  following  language: 

"Various  newspapers,  having  more  or  lees  influence 
within  the  sphere  of  their  circulation,  were  represented  to 
be,  and  were,  in  fact,  devoting  their  columns  to  the  further 
ance  of  the  schemes  of  our  national  enemies.  These  effort* 
were  persistently  directed  to  the  advancement  of  hostile 
interests,  to  thwart  the  efforts  made  to  preserve  the  integ 
rity  of  the  Union,  and  to  accomplish  the  results  of  open 
treason  without  incurring  its  judicial  penalties.  To  await 
the  results  of  slow  judicial  prosecution  was  to  allow  crim<» 
to  bo  consummated,  with  the  expectation  of  subsequent 
punishment,  instead  of  preventing  its  accomplishment  by 
prompt  and  direct  interference. 

"  The  freedom  of  the  press  is  secured  by  a  high  constitu 
tional  sanction.  But  it  is  freedom  and  not  license  that  is 
guaranteed.  It  is  to  be  used  only  for  lawful  purposes.  It 
cannot  aim  blows  at  the  existence  of  the  Government,  the 
Constitution,  and  the  Union,  and  at  the  same  time  claim  its 
protection.  As  well  could  the  assassin  strike  his  blow  at 
human  life,  at  the  same  time  claiming  that  his  victim 
should  not  commit  a  breach  of  the  peace  by  a  counter 
blow.  While,  therefore,  this  department  neither  enjoyed 
nor  claimed  the  power  to  suppress  such  treasonable  publi 
cations,  but  left  them  free  to  publish  what  they  pleased,  it 
could  not  be  called  upon  to  give  them  circulation.  It  could 
not  ami  would  not  interfere  with  the  freedom  secured  by 
law,  but  it  could  and  did  obstruct  the  dissemination  of  that 
license  which  was  without  the  pale  of  the  Constitution  and 
law.  The  mails  established  by  the  United  States  Govern 
ment  could  not,  upon  any  known  principle  of  law  or  public 
right,  be  used  for  its  destruction.  As  well  could  the  com 
mon  carrier  be  legally  required  to  transport  a  machine 
designed  for  th«  destruction  of  the  vehicle  conveying  it,  or 
an  innkeeper  be  compelled  to  entertain  a  traveller  whom 
he  knew  to  be  intending  to  commit  a  robbery  in  his  house. 

"  I  find  these  views  supported  by  the  high  authority  of 
the  late  Justice  Story,  of  the  Supreme  Court  of  the  United 
States.  He  Bays,  in  commenting  on  that  clause  of  the  Con 
stitution  securing  the  freedom  of  the  press: 

"  'That  this  amendment  was  intended  to  secure  to  every 
citizen  an  absolute  right  to  speak,  or  write,  or  print  what 
soever  he  might  please,  without  any  responsibility,  public 
or  private,  therefor,  is  a.  supposition  too  wild  to  be  indulged 
in  by  any  rational  man.  This  would  be  to  allow  to  every 
citizen  the  right  to  destroy  at  his  pleasure  the  reputation, 
the  peace,  the  property,  and  even  the  personal  safety  of  ev 
ery  other  citizen.  A  man  might,  out  of  mere  malice  or 
revenge,  jiccuse  another  of  the  most  infamous  crimes; 
might  excite  against  him  the  indignation  of  all  his  fellow- 
citizens  by  the  most  atrocious  calumnies:  might  disturb, 
nay,  overturn  all  his  domestic  peace  and  embitter  his  par 
ental  affections;  might  inflict  the  most  distressing  punish 
ment  upon  the  weak,  the  timid,  and  the  innocent;  might 
prejudice  all  a  man's  civil  and  political  and  private  rights; 
and  might  stir  up  sedition,  rebellion,  and  treason,  even 
against  the  Government  itself,  in  the  wantonness  of  bis 
passions,  or  the  corruption  of  his  heart.  Civil  society  could 
not  go  on  under  sucli  circumstances.  Men  would  then  bw 
obliged  to  resort  to  private  veugeauco  to  make  up  the  den- 


ADMINISTRATION    OF    ABRAHAM   LINCOLN. 


eiency  of  the  law:  and  assawinntionfl  and  savage  crueltiop 
would  be  perpetrated  with  all  the  frequency  belonging  *o 
barbarous  and  cruel  communities.  It  is  plain,  then,  that 
the  language  of  this  amendment  imports  no  more  than  that 
every  man  has  a  right  to  speak,  write,  and  print  his  opin 
ions  upon  any  subject  whatever,  without  any  prior  re 
straint,  so  always  that  he  does  not  injure  any  other  person 
in  his  rights,  person,  property,  or  reputation ;  andtoahoays 
that  fie  d(M's  nut  thereby  disturb  the  public  peace,  or  attempt  to 
rubrert  the,  Gmvrnment.' " 

"Of  the  cases  presented  for  my  action,  upon  the  princi 
ples  above  named,  I  have  by  order  excluded  from  the  mails 
twelve  of  these  treasonable  publications,  of  which  several 
had  been  previously  presented  by  the  grand  jury  as  incen 
diary  and  hostile  to  constitutional  authority." 

I  am  not  aware  that  at  any  time,  nor  from  any  quarter, 
during  that  long  session,  any  inquiry  or  complaint  was  made, 
or  objection  taken  touching  that  action,  or  the  considera 
tions  then  presented  in  support  of  it.  From  this  it  was 
fairly  inferred  that  Congress  then  unanimously  recognized 
the  action  as  not  only  in  harmony  with,  but  in  direct  aid  of, 
the  Constitution  of  the  United  States,  then  shaken  by  the 
assaults  of  its  avowed  enemies. 

The  immediate  occasion  of  the  orders  excluding  certain 
newspapers  from  the  mails  was  a  communication  to  this  de 
partment  of  the  action  of  a  grand  jury  of  the  United  States 
circuit  court  for  the  Southern  District  of  New  York.  Their 
presentment  was  in  the  following  words.  [See  ante  for  pre 
sentment.] 

This  authoritative  exhibition  of  the  character  of  these 
papers,  as  disseminators  of  treason  and  instigators  of  the 
highest  crime  known  to  our  laws,  could  not  be  disregarded, 
accompanied,  as  it  was,  by  representations  of  their  danger 
ous  effect  upon  the  military  operations  of  the  country. 
Entertaining  the  highest  possible  regard  for  the  liberty  of 
the  press,  distinguished  from  its  uncontrolled  and  criminal 
license,  I  would  not,  except  in  time  of  war,  have  adopted 
the  arguments  of  my  predecessors  in  office,  in  justification 
of  the  non-delivery  of  printed  matter  sent  through  the 
mails.  The  question  has  been  repeatedly  presented  to  my 
predecessors  in  time  of  peace  in  relation  to  printed  matter 
Htyled  '-incendiary,'1  or  " abolition  in  its  character,"  and 
in  respect  to  the  States  now  in  insurrection.  While  justify 
ing  postmasters  in  their  refusal  to  receive  or  forward  mail 
matter  described  by  the  general  terms  of  the  postal  laws  as 
"mailable  matter,"  an  eminent  Postmaster  General  of  the 
administration  of  General  Jackson,  under  date  of  August 
'22,  18C5.  addressed  a  letter  to  the  postmaster  at  New  York 
giving  his  views  upon  the  question  under  discussion.  The 
New  York  postmaster  had  assumed  to  decide  that  certain 
newspapers,  placed  in  that  post  office  for  conveyance  in  the 
mails,  were  incendiary  in  their  character,  and  calculated  to 
promote  insurrection.  He  refused  to  forward  them.  The 
Postmaster  General,  declining  himself  to  decide  upon  the 
character  of  the  publications  in  question,  and  refusing  to 
make  the  orders  thereon,  justified  his  deputy  postmaster  in 
the  decision  made  by  him,  and  supported  him  by  the  follow 
ing  arguments,  extracted  from  his  letter  of  that  date,  to  which 
the  attention  of  Congress  was  subsequently  called.  Tiiat 
Congress,  however,  by  its  inaction,  seemed  to  concur  in  the 
right  and  the  policy  of  excluding  such  alleged  treasonable 
and  insurrectionary  publications  from  the  mails. 

POST  OFFICE  DEPARTMENT,  August  22, 1805. 

*  "Postmasters  may  lawfully  know,  in  all  cases,  the  cun 
tents  of  newspapers,  because  the  law  exprc-ss'y  provides 
that  they  shall  be  so  put  up  that  tbey  may  be  readily  ex 
amined;  and  if  they  know  those  contents  to  be  calculated 
.ind  designed  to  produce,  and.  if  delivered,  will  certainly 
produce,  the  commission  of  the  most  aggravated  crimes 
upon  the  property  and  persons  of  their  fellow  citizens,  it 
cannot  be  doubted  that  it  is  their  duty  to  detain  them, 
if  not  even  to  hand  them  over  to  the  civil  authorities.        * 

*  "  If  it  be  justifiable  to  detain  papers  passing  through 
the  mail,  for  the  purpose  r f  preventing  or  pu   isbing  isol  it- 
ed  crimes  against  individuals,  how  much  more  important 
is  ir,  that  thia  responsibility  should  be  assumed  to  preven', 
insurrections  and  save  communities?     If,  in  time  of  war.  a 
postmaster  should  detect  a  letter  of  an  enemy  or  spy  pass 
ing  through  the  mail,  which,  if  it  reached  its  destination, 
would  expose  his  country  to  invasion  and  her  armies  to 
destruction,  ought  he  not  to  arrest  it?     Yet,  where  is  the 
legal  power  to  do  so  ? 

"  As  a  measure  of  great  public  necessity,  therefore,  you  and 
{Jie  other  postmasters  who  have  assumf.d  the  responsibility  of 
flopping  these  inflammatory  papers  wilt,  //tare  nodoubt,  stand 
jiuttflea  in  that  step  before  your  country  ami  all  mankind. 
*  "  Are  the  officers  of  the  United  States  com 
pelled  by  the  Constitution  and  laws  to  become  the  instru 
ments  and  accomplices  of  those  who  design  to  baffle  and 
make  nugatory  the  constitutional  laws  of  the  States;  to  fill 
them  with  sedition  and  murder  and  insuirection;  to  over 
throw  those  institutions  which  are  recognized  and  guaran 
tied  by  the  Constitution  itself?  *  *  In  these  con- 


!  fiderations  there  is  reason  to  doubt  whether  the  abolition- 
j  ists  have  a  right  to  make  use  ot  the  mai's  of  the  United 
!  States  to  convey  their  publications  into  States  where  tlmir 
I  circulation   is  forbidden  by   law,   and   it  is  by  no   means 
|  certain  that  mail-carriers  and  postmasters  are  secure  from 
the  penalties  of  that  law.  il   they  knowingly  carry,  dis 
tribute,  or  h-ind  them   out.         *         *         As  well  may 
the  counterfeiter  and  robber  demand  the  use  of  the  mails 
for  consummating  their  crimes,  and  complaiu  ot  a  violation 
of  their  rights  when  it  is  denied. 

"  Upon  these  grounds  a  postmaster  may  well  hesitate  to 
be  the  agent  of  the  abolitionists  in  sending  their  incendiary 
publications  into  States  where  their  circulation  is  prohibi 
ted  by  law:  and  much  more  may  postmasters  residing  in 
those  States  refuse  to  distribute  them.  *  *  I  do- 
not  desire  to  be  understood  as  affirming  that  the  sugges 
tions  here  thrown  out  ought,  without  the  action  of  higher 
authority,  to  be  considered  as  the  settled  construction  of  the 
law,  or  regarded  by  postmasters  as  the  rule  of  their  future- 
action.  It  is  only  intended  to  say  that  in  a  sudden  emer 
gency,  involving  principles  so  grave  and  consequences  so> 
serious,  the  safest  course  -for  postmasters  and  the  best  for 
the  country  is  that  which  you  have  adopted.  *  *  * 
You  prevent  your  Government  from  being  the  unwilling 
agent  and  abettor  of  crimes  against  the  States  which  strike 
at  their  very  existence,  and  give  time  for  the  proper  au 
thorities  to  discuss  the  principles  involved  and  digest  a  safe 
rule  for  the  future  guidance  of  the  department. 

"While  persisting  in  a  course  which  philanthropy  re 
commends  and  patriotism  approves,  I  doubt  not  that  you 
and  the  other  postmasters  who  have  assumed  the  responsi 
bility  of  stopping  these  inflammatory  papers  in  their  pas 
sage  to  the  South  will  perceive  the  necessity  of  performing 
your  duty  in  transmitting  and  delivering  ordinary  news 
papers,  magazines,  and  pamphlets,  with  perfect  punctuality. 
Occasion  must  not  be  given  to  charge  the  postmasters  with 
carrying  their  precautions  beyond  the  necessities  of  the 
case,  or  capriciously  applying  them  to  other  cases  in  which 
there  is  no  necessity ;  and  it  would  be  the  duty,  as  well  as 
the  inclination,  of  the  department  to  punish  such  assump 
tion  with  unwonted  severity.  This  suggestion  I  do  not 
make  because  I  have  any  apprehension  that  it  is  needed 
for  your  restraint,  but  because  I  wish  this  paper  to  bear 
upon  its  face  a  complete  explanation  of  the  views  which  I 
take  of  my  own  duty  in  the  existing  emergency." 

The  question  was  afterwards  repeatedly  presented  in  this 
department.  In  February,  1857,  it  was  brought  before 
Postmaster  General  Campbell,  in  connection  with  the  ex 
clusion  of  the  Cincinnati  Gazette  from  postal  privileges  in 
Mississippi.  A  certain  postmaster  at  Yazoo  had  denied  it 
the  privilege  of  his  post  office.  Mr.  Campbell  referred  the 
question  to  the  Attorney  General  of  President  Pierce's  ad 
ministration.  Under  date  of  March  2,  1857,  the  Attorney 
General,  as  the  law  officer  of  the  Government,  replied 
officially  to  the  Postmaster  General,  justifying  such  action 
on  the  part  of  postmasters,  and  asserting,  among  others, 
the  following  arguments  and  conclusions : 

"ATTORNEY  GENERAL'S  OFFICE, 
"March  2, 1857. 

*  *  "  With  these  premises  we  have  the  main  question 
very  much  simplified.  It  is  this:  Has  a  citizen  of  one  of 
the  United  States  plenary  indisputable  right  to  employ  the 
functions  and  the  officers  of  the  Union  as  the  means  of  en 
abling  him  to  produce  insurrection  in  another  of  the  United 
States  ?  Can  the  officers  of  the  Union  lawfully  lend  its  func 
tions  to  the  citizens  of  one  of  the  States  for  the  purpose  of 
promoting  insurrection  in  another  State  ? 

"Taking  the  last  of  these  questions  first,  it  is  obvious  to- 
say  that,  inasmuch  as  it  is  the  constitutional  obligation  of 
the  United  States  to  protect  each  of  the  States  against '  do 
mestic  violence,'  and  to  make  provision  to  '  suppress  insur 
rections,'  it  cannot  be  the  right  of  the  United  States,  or  of 
any  of  its  officers,  and,  of  course,  it  cannot  be  their  duty  to 
promote,  or  be  the  instrument  of  promoting,  insurrection  in 
any  part  of  the  United  States. 

"As  to  the  first  question,  likewise,  it  seems  obvious  to  say, 
that,  as  insurrection  in  any  one  of  the  States  is  violation  of 
law,  not  only  so  far  as  regards  that  State  itself,  bnt  also  as 
regards  the  United  States,  therefore  no  citiz<  n  of  the  Union 
can  lawfully  incite  insurrection  in  any  one  of  tho  States. 
*  *  *  It  would  be  preposterous  to  suppose  that  any 
citizen  of  the  United  States  has  lawful  right  to  do  that 
which  he  is  bound  by  law  to  prevent  when  attempted  by 
any  and  all  others;  and  monstrous  to  pretend  that  a  citi/eu 
of  one  of  the  States  has  a  moral  right  to  promote  or  com. nit 
insurrection  or  domestic  violence,  that  is,  robbery,  burglary, 
arson,  rape,  and  murder,  by  wholesale,  in  another  of  the 
States. 

'•  These  considerations,  it  seems  to  me,  are  decisive  of  the 
question  of  the  true  construction  of  the  act  of  Congress. 
Of  that  it  is  impossible  for  me  to  doubt.  Its  enactment  is. 
that '  if  any  postmaster  shall  unlawfully  detain,'  he  shall 
be  subject  to  fine,  imprisonment,  and  disqualification. 


190 


ADMINISTRATION   OF   ABRAHAM   LINCOLN. 


Then,  if  the  thing  be  of  lawful  delivery,  it  cannot  be  law 
fully  detained;  wl.ile,  on  the  other  hand,  it  cannot  be  un- 
Iiiwful  to  detain  that  which  it  is  unlawful  to  deliver.  Such 
is  the  plain  language  and  the  manifest  import  of  the  act  of 
Congress. 

"  I  do  not  mean  to  be  understood  that  the  word  '  unlaw 
fully'  of  the  act  determines  the  case:  on  the  contrary,  my 
conclusion  would  be  the  same,  though  that  word  had  not 
been  hero  inserted.  By  employing  it,  indeed,  the  act  ex 
pressly  admits  that  there  maybe  lawful  cause  of  detention. 
But  such  lawful  cause  would  not  the  less  exist,  although 
its  existence  were  not  thus  expressly  recognized.  And,  of 
all  conceivable  causes  of  detention,  there  can  be  none  more 
operative  than  treasonablcness  of  character,  for  in  every 
society  tho  public  safety  is  the  supremcst  of  laws. 

"  Nay,  if,  instead  of  expressly  admitting  lawful  causes  of 
detention,  the  act  had  undertaken  to  exclude  them — if,  for 
instance,  it  had  in  terms  required  the  postmasters  to  circu 
late*  papers,  which,  in  tendency  and  purpose,  are  of  character 
to  incite  insurrection  in  any  of  the  States — still  my  conclu 
sion  would  be  the  same.  1  should  say  of  such  a  provision 
of  law  it  is  a  nullity,  it  is  unconstitutional ;  not  so  by 
reason  of  conflict  with  any  State  law,  but  because  incon 
sistent  with  tho  Constitution  of  the  United  States. 

"Tho  Constitution  forbids  insurrection;  it  imposes  on 
Congress  and  tho  President  the  duty  of  suppressing  insur 
rection;  this  obligation  descends  through  Congress  and  the 
President  to  all  tho  subordinate  functionaries  of  the  Union, 
civil  and  military;  and  any  provision  of  an  act  of  Congress 
r"quiring  a  Federal  functionary  to  be  the  agent  or  minister 
of  insurrection  in  either  of  the  States  would  violate  palpably 
tho  positive  letter,  and  defeat  one  of  the  primary  objects,  of 
tho  Constitution. 

"  These,  my  conclusions,  apply  only  to  newspapers,  pamph 
lets,  or  other  printed  matter,  the  character  of  which  is  of 
public  notoriety,  or  is  necessarily  brought  to  the  knowledge 
of  the  postmaster  by  publicity  of  transmission  through  the 
mails  unsealed,  and  as  to  the  nature  of  which  he  cannot 
plead  ignorance. 

*  *        ''  It  is  intimated  in  one  of  the  documents  before 
me  that  to  permit  a  deputy  postmaster  to  detain  a  news 
paper  because  of  its  imputed  unlawfulness  would  be  to  erect 
him  into  a  censor  of  the  press.     Those  are  but  words  of  rhe 
torical  exaggeration.    Public  journals  are  a  necessary  part 
of  our  social  life,  just  as  much  as  the  steamboat,  the  rail 
way  train,  or  the  telegraph.    There  is  not  the  least  reason 
to  apprehend  that  we  shall  suffer  ourselves  to  be  deprived 
•of  them  by  tho  interposition  of  unlawful  impediments  to 
their  circulation. 

*  *     "  We  shall  appreciate  the  true  legal  relation  of  the 
•whole  question  if  we  consider  a  supposition  which  has  more 
than  once  heretofore   been  actual  fact,  and  may  be  such 
again.   Suppose  that  some  European  Government — whether 
in  the  prosecution  of  war,  or  induced  by  hostility  of  purpose 
notyet  become  war,  but  tending  towards  it,  or  in  the  spirit  of 
misdirected  propagandist!!  of  its  own  particular  social  or 
political  opinions — should  undertake  to  produce  revolution 
or  insurrection  in  the  United  States.     Would  it,  in  that 
case,  be  the  duty,  would  it  be  the  right,  of  the  Government 
or  officers  of  the  Union  to  aid  tho  foreign  Government  in  its 
inimical  machinations  ?     To  this  general  inquiry,  of  coursw, 
thorn  can  bo  but  one  possible  answer.    It;  won  id  bo  the  ina.ii- 
fest  duty  of  every  officer  of  theJUnited  States — nay,  of  every 
officer  of  each  State — nay,  of  every  citizen  of  the  U.iited 
States,  to  resist,  and  to  do  everything  in  his  power  to  do 
feat  all  such  machinations;  for  every  citizen  of  the  United 
Stales  is  under  engagement,  express  or  implied,  to  uphold 
and  maintain  the  Constitution. 

"  In  the  general  contingency  supposed  it  is  quite  imma 
terial  whether  foreign  attempts  to  produce  revolution  con 
sist  of  exhortations  to  insurrection  by  word  of  mouth- -that 
is.  the  introduction  of  emissaries  of  sedition  into  the  coun 
try — or  of  exhortations  to  insurrection  in  thefjrin  of  band- 
bills,  newspapers,  or  pamphlets.  In  whatever  manner  at 
tempted,  the  thing  itself  would  be  an  act  of  wrongful  or 
hostile  attack  on  our  sovereignty  and  on  our  national  and 
private  peace;  defensible  as  an  act  of  war  on  tho  part  of  an 
enemy  Government,  but  otherwise  against  natural  law, 
ngivinst  public  law.  aga.nst  municipal  law  ;  and  therefore, 
on  all  these  accounts,  requiring  to  be  manfully  withstood 
and  counteracted  by  every  sound-hearted  and  true-minded 
citizen  of  the  United  States,  and  more  especially  by  all  offi 
cers,  civil  atrl  military,  of  the  Federal  Government,  from 
the  President  down  to  the  humblest  village  postmaster  in 
the  land. 

'•  The  general  supposition  includes  printed,  equally  with 
oral,  exhalations  to  insurrection.  Take  now,  by  itself,  the 
case  of  printed  matter  of  that  description.  Is  it  tho  legal 
duty  of  the  Post  Office  Department  knowingly  to  circulate 
such  matter?  Is  it  the  legal  duty  of  deputy  postmasters? 
Or  reducing  the  general  supposition  down  to  its  narrowest 
expression  in  the  limited  exigencies  of  the  present  case,  is  a 
<1  -p.nty  postmaster  required  knowingly  to  circulate  such 
matter  under  penalty  of  indictment,  removal  from  office. 


and  disqualification  ?  Is  the  inconvenience  which  the  for 
eign  Government  or  its  emissary  may  suffer,  ir.  not  being 
able  to  effect  the  free  circulation  of nuch  treasonable  matter 
— or  the  inconvenience  which  the  disaffected  person  to  whon. 
it  was  addressed  suffers,  in  his  not  being  able  to  receive  and 
to  circulate  further  surh  treasonable  matter — nro  theso  in 
conveniences  to  outweigh  the  inconvenience  to  the  whole 
country,  as  well  as  to  individuals,  of  insurrection,  and  of 
civil  or  servile  war?  Is  tliat  the  true  construction  of  the 
act  of  Congress?  I  think  no  legal  expositor  could  hesitate 
to  say,  no. 

li  Now  in  what  does  the  general  case  supposed,  with  ita 
all  but  salt-evident  conclusions,  differ  from  the  specific  case 
under  consideration?  Simply,  that  any  European  Govern- 
mrnt  possesses  the  sovereign  right,  as  an  act  of  war,  to 
attack  us  with  attempts  to  excite  insurrection  as  well  as 
with  cannon — subject  to  bo  repelled  by  tho  sovereign  power 
of  the  Union — but  no  citizen  of  the  United  States  possesses 
legal  right  to  promote  rebellious  acts  in  any  part  of  the 
country,  whether  as  against  the  authority  of  the  United 
States  or  of  the  particular  State  in  which  he  is,  or  of  any 
other  of  the  States. 

*  *  "In  tine,  the  proposition  may  be  made  universal 
to  the  effect  that  no  person  in  tho  United  States,  whether  he 
be  citizen,  subject,  or  alien,  has  the  legal  right  to  promote  re 
bellion.  *  *  In  the  foregoing  sories  of  supposi 
tions  we  have  reasoned  out  a  conclusion  from  the  premises 
of  the  attempt  of  a  foreign  Government,  by  the  use  of  our 
mails  and  post  offices,  to  promote  insurrection  in  the  United 
States.  *  *  And  shall  not  the  citizens  of  one  of 
tho  States  of  the  Union  bo  held  entitled  to  the  tame  security 
from  attempts  to  promote  insurrection  among  them,  on  the 
part  of  their  fellow-citizens  of  other  States?  *  * 
On  the  whole,  then,  it  seems  clear  to  me  that  a  deputy 
postmaster,  or  other  officer  of  tho  United  States,  is  not  re 
quired  by  law  to  become  knowingly  tho  enforced  agent  or 
instrument  of  enemies  of  tho  public  peace,  to  disseminate, 
in  their  behalf,  within  the  limits  of  any  one  of  the  States 
of  the  Union  printed  matter,  the  design  and  tendency  of 
which  are  to  promote  insurrection  in  such  State.''* 

Again,  in  1859,  Mr.  Holt,  then  at  the  head  of  this  depart 
ment,  in  a  letter  dated  tho  5th  of  December  of  that  year, 
addressed  to  a  postmaster  in  Virginia,  adhered  to  the  prece 
dents,  and  said : 

"One  of  the  most  solemn  constitutional  obligations  im 
posed  on  the  Federal  Government  is  that  of  protecting  the 
States  against  'insurrection'  and  'domestic  violence;'  of 
course  none  of  its  instrumentalities  can  be  lawfully  em 
ployed  in  inciting,  even  in  tho  remotest  degree,  to  tho  very 
crime  which  involves  in  its  train  all  others,  and  with  the 
suppression  of  which  it  is  especially  charged." 

These  citations  show  that  a  courso  of  precedents  has  ex 
isted  in  this  department  for  twenty-five  years — known  to 
Congress,  not  annulled  or  restrained  by  act  of  Congivss — in 
accordance  with  which  newspapers  and  other  printed  mat 
ter,  decided  by  postal  officers  to  bo  insurrectionary,  or  trea 
sonable,  or  in  any  degree  inciting  to  treason  or  insurrection, 
have  been  excluded  from  the  mails  and  post  offices  of  the 
United  States  solely  by  authority  of  tho  executive  adminis 
tration.  This,  under  the  rules  settled  by  the  Supreme  Court 
of  tho  United  States,  as  applicable  to  executive  construction 
of  laws  with  whose  execution  tho  departments  aiv  specially 


*  JEFFERSON  DAVIS  thus  expressed  himself  on  this  opinion 
of  Attorney  General  CUSHING  a  few  months  after  its  publi 
cation  : 

WASHINGTON,  January  4,  1858. 

GENTLEMEN  :  When  I  last  addressed  you  in  answer  to  your 
letter  communicating  the  views  and  feelings  of  the  citi/cns 
of  Ya/oo  City,  in  relation  to  tho  circulation  of  incendiary 
matter  through  tho  mails  of  the  United  States,  I  promised 
that  you  should  hear  from  me  further,  and  gave  you  assur 
ance  of  such  action  by  the  last  Administration  as  would  bo 
satisfactory  to  you. 

I  have  thus  long  delayed  the  promised  communication  in 
expectation  of  receiving  the  opinion  of  the  Attorney  G  -n- 
eral  upon  the  legal  merits  of  the  case,  the  question  ha\i;ic: 
been  rofi-rred  to  him  by  the  Postmaster  General,  the  Hon. 
James  Campbell. 

Tho  Attorney  General,  in  the  opinion  enclosed,  sustain 
tho  conclusion  of  the  President  and  the  Postmaster  Gen 
eral,  and  so  satisfactorily  disposes  of  the  question  at  issuo 
that  I  hope  that  we  shall  bo  saved  from  any  further  agita 
tion  of  it. 

Concurring  fully  with  you  in  your  opinion  of  the  powers 
of  a  State,  the  duty  of  its  citizens,  and  the  obligation  of  our 
community  in  such  contingency  as  that  presented  by  tho 
case  reported  in  your  letter,  I  trust  wo  shall  al.-x>  r.gree  that 
the  matter  has  been  concluded  in  a  manner  worthy  of  the 
Si  it  -Rights  Administration  under  which  it  arose. 

With  great  regard,  lam  your  friend  and  fellow-citizen, 
JEFFERSON  DAVIS. 
To  M.'ssrs.  Robert  Bowman,  George  B.  Wilkinson,  and  A 

M.  Harlow.  committee,  Yazoo  City. 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


191 


charged,  won  1<J  establish  my  action  a?  within  the  legal  con-  '       The    committee  review  the     case,    and    con 
struction  of  the  postal  acts  authorizing  the  transportation  i  pinfip  .,a  fniin.vt.  . 
matter  in  the  United  States  mails.    It  would  set-    * 


of  printed  in 

tie  the  right  o!'  tlii.s  deparL-nent  iind  its  various  officers  to  [ 
resist  all  efforts  to  make  them  particeps  criminis  of  treason 
and  rebellion,  by  compelling  them  to  circulate  and  distrib-  j 
ute  with  their  own  hands  tho  moral  \veipons  which  are  to 
bring  civil  war  to  their  firesides,  with  its  horrible  train  of 
barbarities  in  the  destruction  of  life  and  property. 

Upon  the  like  considerations  I  have,  at  different  times, 
•excluded  from  tho  mails  obscene  ;.nd  scandalous  printed 
mutter  on  exhibition  of  its  criminal  immorality.  If  an  uu- 
«ealed  printed  publication  were  offered  to  the  mails,  insti 
gating  murder,  arson,  destruction  of  railroads,  or  oth 


Your  committee  are  not  unmindful  of  the  fact  that  too 
great  caution  cannot  be  exercised  in  arriving  at  a  conclusion 
as  to  what  is  and  what  is  not  lawful  mailable  matter  ;  or, 
in  other  words,  what  papers,  publications,  or  messages  are 
treasonable  in  their  character,  or  for  other  reasons  unlaw 
ful,  and  should,  therefore,  be  excluded  from  the  mails. 

In  the  case  now  before  the  committee  the  grand  jury  of 
one  of  the  federal  courts  in  the  State  of  Now  York  concur 
red  in  opinion  with  the  head  of  the  Post  Office  Department 
in  the  construction  of  the  character  of  the  publications, 
and  the  purposes  of  the  publishers,  it  being,  too.  in  a  time 


and  advocating  an  organization  for  su.-h  purposes,  I  j  whpu  extreme  vigilance  was  demanded  in  the  executive 
should,  upon  the  same  principles  without  hesitation,  ex-  department  o:  the  Government  to  preserve  the  integrity  of 
elude  it  from  the  mails  as  unlawful  matter,  m  tho  absence  ,  the  Unil)n  AII(I  thc  obj,  ct  bei  tF0  securo  that  nogle  and 
of  a  contravening  act  of  Congress.  patriotic  object,  your  committee  believe  tho  act  of  the  Post- 

I  do  not  wish  to  be  understood,  however,  as  indorsing,  but  I  master  General  was  not  only  wkhinthe  scope  of  his  powers, 

3    but  induced  solely  by  considerations  of  the  public  good. 

Mr.  GEO.  H,  PENDLETON,  of  Ohio,  (of  the  Ju 
diciary  Committee,)  in  his  speech,  March  3, 
1863,  in  thc  House,  quoted  these  two  additional 
paragraphs  from  AMOS  KENDALL'S  opinion  of 
1835  : 

44  After  mature  consideration  of  the  subject,  and  seeking 
the  best  advice  within  my  reach,  I  am  confirmed  in  tho 
opin;on  that  the  Postni  aster  General  has  no  legal  authority, 
by  any  order  or  regulation  of  the  Department,  to  exclude 
from  the  mails  any  species  of  magazines,  newspapers,  or 
pamphlets.  Such  a  power  vested  in  the  head  of  this  De- 


rather  as  distinctly  diss 

and  conclusions,  and  from  the  cxten 

Administrations  have  gone,  as  indicated  by  some  of  tho 

foregoing  citations.    The  precedents  and  arguments  go  far 

beyond  any  action  which  I  have  taken,  or  would  be  willing 

to  take,  under  tho  like  circumstances. 

1st.  I  reject  that  portion  of  the  precedents  which  allows 
twenty-eight  thousand  postmasters  of  tho-country  to  judge, 
each  for  himself,  what  newspapers  are  lawful  and  what  un 
lawful  ;  what  may  go  in  tho  mails  and  what  shall  be  ex 
cluded.  I  have  refused  to  allow  postmasters  to  sit  in  final 
judgment  upon  all  the  interests  involved,  subject  as  they 
are  to  conflicting  local  prejudices.  Tho  Postmaster  General, 
who  is  more  directly  responsible  to  Congress,  and  more  ac 
cessible  to  their  inquiries,  should  alone  exercise  such 


minority,  in  whatever  degree  it  exists,  and  should  not  I  partment  would  be  fearfully  dangerous,  and  has  therefore 
devolve  it  on  subordinates.  Whatever  control  can  be  law-  j  been  withheld.  Any  order  or  letter  of  mine  directing  or 
fully  exercised  over  the  mails  by  a  postmaster  may  always  j  officially  sanctioning  the  step  you  have  taken  would,  there- 
be  exercised  or  ordered  by  tho  chief,  under  whose  direction  j  fore,  be  utterly  powerless  and  void,  and  would  not  in  the 
the  law  expressly  subordinates  the  postmaster.  This  is  a  |  slightest  decree  relieve  you  from  itsresponsibility.  *  * 
•elf-evident  proposition.  It  has,  however,  been  sustained  4i  The  Postmaster  General  has  no  legal  power  to  pre- 
ty  the  official  opinion  of  the  Attorney  General  of  the  scribe  any  rules  for  tho  government  of  postmasters  in  such 
United  Slates,  dated  March  2,  1857.  cases  ;  nor  has  he  ever  attempted  to  do  so.  They  act  in 

2d.  I  dissent  from  tho  extent  to  which  the  doctrine  has  each  case  on  their  own  responsibility;  and  if  they  im- 
been  carried  by  late  administrations,  that  in  time  of  peace,  j  properly  detain  or  use  papers  sent  to  their  offices  for  trans- 
and  in  the  absence  of  all  hostile  or  criminal  organizations,  j  mission  or  delivery  it  is  at  their  peril,  and  on  their  headg 
operating  against  Constitution  or  law,  either  a  Postmaster  i  falls  tho  punishment.  If  in  time  of  war  a  postmaster  should 


General,  or  any  postmaster,  can  at  will  exclude  from  the 
mails  newspapers  and  other  printed  matter  which  contain 


discussions  obnoxious  to  some  special  interest,  but  not 
aimed  against  Government,  law,  or  the  public  safety.  It  is 
too  dangerous  a  discretion  to  be  exercised  or  desired  by  any 
executive  officer  attached  to  the  constitutional  freedom  of 
the  press.  Such  has  been,  in  some  cases,  the  action  of  this 
department  in  late  years,  and  1  take  this  occasion  to  break 
the  too  great  uniformity  of  its  decisions  in  this  respect. 
Even  in  time  of  war,  tho  power  so  long  conceded  should  be 
used  with  great  care  and  delicacy.  I  say  in  time  of  war, 


detect  the  letter  of  an  enemy  or  a  spy  passing  through  the 
mail,  which,  if  it  reached  its  destination,  would  expose  his 


country  to  invasion  and  her  armies  to  destruction,  ought  he 
not  to  arrest  it  ?     Yet  where  is  his  legal  power  to  do  so  ?" 
He  added : 

In  1836,  Mr.  Calhoun,  as  chairman  of  a  special  committee 
of  the  Senate,  reported  a  bill  making  it  a  penal  offence  for 
any  postmaster  to  receive  into  the  mails  for  transmission 
to  any  person  within  a  State,  or  to  deliver  out  of  the  mails 
to  any  such  person,  any  publication  the  circulation  of 

first 

._, j,  „.     „„  —  „, —  ery  of  such  matter,  was  retained.    It  gave  rise 

icrty  without  due  process  of  law;    nor  shall  private  |  to  much  discussion,  and  elicited  an  extremely  able  debate 

members  of  that  then  very  able 
zealous  advocate  of  the  bill,  con- 

— is  nature  was  the  only  one  which 

f  the  United  States,  are  necessarily  taken  without  |  Congress  had  the  power  to  pass;  that  Congress  could  not 


because  the  executive  department  has  powers  then  which  |  which  was  forbidden  by  that  State.    Subsequently  the  firs 

do  not  attach  to  it  in  time  of  peace.    The  Constitution  pro-    clause  of  the  bill  was  stricken  out,  and  tho  latter,  relatin 

vidas  that  no  person  shall  "  be  deprived  of  life,  liberty,  or    to  the  delivery  of  such  matter,  was  retained.    It    ave  ris 

property  without  duo  process  of  law;    nor  shall  private  |  to  much  discussion,  and  e 

property  be  taken  for  public  use  without  just  compensa-  i  from  tho  most  eminent 

tiou."    Yet,  in  time  of  war,  the  life,  liberty,  and  property  of    body.    Mr.  Calhoun,  the 

persojie  in   the  United  States,  being  also  insurrectionary    tended  that  a  bill  of  thi 

aneimes  of  tho  United  States,  are  necessarily  taken  without  j  Congress  had  the  power 

any  process  except  that  of  powder  and  the  bayonet.    And    discriminate  in  reference  to  character  what  publications 

TV.  man  denies  the  right  as  an  incident  of  war.    Yet,  in    shall  or  shall  not  be  transmitted  through  the  mail,  without 

peace,  it  could  not  be  done.    These  acts  are  as  thoroughly    abridging  tho  liberty  of  tho  press,  and  subjecting  it  to  the 


constitutional  in  war  as  they  are  unconstitutional  in 
Jn  harmony  with   this  principle.  I  would  give  far  greater 
latitude  to  alleged  wrongful  and  obnoxious  printed  matter 
in  a  period  of  peace  than  would  be  justifiable  in  a  time  of  war. 

Thia  reply  to  the  inquiry  transmitted  to  me  by  the  com 
mittee  embraces  the  following  conclusions: 

First.  That  the  exercise  of  the  authority  inquired  of  rests 
upon  ihe  Constitution  of  the  United  States,  and  the  defini 
tion  of  mailable  matter  given  in  the  postal  law,  as  construed 
by  past  administrations  of  this  department,  enforced  by  the 
Official  opinion  of  a  late  Attorney  General  of  the  United 
States,  and  known  to  and  recognized  by  former  Congresses 
of  tin-  United  States. 

Second.  That  a  power  and  a  duty  to  prevent  hostile  printed 
matter  from  reaching  the  enemy,  and  to  prevent  such  mat 
ter  from  instigating  others  toco-operate  with  the  enemy,  by 
the  aid  of  the  United  States  mails,  exist  in  time  of  war,  and 
in  the  presence  of  treasonable  and  armed  enemies  of  the 
United  State.s,  which  do  not  exist  in  time  of  peace,  and  in 
the  absence  of  criminal  organizations. 

Tiard.  That  the  present  Postmaster  General  has  restricted 
tiie  exorcise  of  the  power  during  this  war  far  within  tho 
scope  claimed  and  allowed  by  former  Administrations  in 
periods  of  national  peace. 

i  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  M.  BLAIR,  Postmaster  General. 


control  of  congressional  legislation ;  but  that  no  such  re 
striction  applied  to  tho  States ;  they  might  forbid  such 
publications  as  they  thought  dangerous,  and  that  Congress 
hud  the  power,  and  ought  to  exercise  it,  of  co-operating 
with  tho  States  in  repressing  the  circulation  of  publications 
thus  prohibited. 

The  circulation  of  anti-slavery  documents,  tending  to  ex 
cite  servile  insurrection,  had  become  a  great  evil.  It  had 
awakened  fears  of  trouble  among  the  slaves,  and  had  there 
fore  exasperated  tho  people.  Most  of  the  slaveholding  States 
had  passed  laws  forbidding  their  circulation  under  severe 
penalties.  They  were  still  carried  through  the  mails,  and 
it  began  to  bo  questioned  whether  tho  postmasters  were  not 
relieved  from  the  penalties  of  the  State  law  because  the> 
were  acting  under  tho  sanction  of  Federal  law.  Great  an 
xiety  existed  to  relieve  the  apprehensions  of  the  southern 
people.  The  President,  General  Jackson,  recommended  tho 
subject  most  earnestly  to  Congress.  Ho  did  not  protend  that 
there  existed  any  power  of  relief  in  any  of  the  Executive 
Departments.  Senators,  almost  without  exception,  expressed 
a  determination  to  go  as  far  as  they  could  to  apply  a  remedy. 
But  the  bill  was  most  strenuously  opposed.  It  was  said  to 
curtail  the  freedom  of  the  press.  ***** 

The  bill  was  lost  by  a  majority  of  seven:  Messrs.  Bonton, 
Clay,  Crittenden,  Southard,  Wall,  Leigh,  Goldsborough, 
among  others  from  the  slaveholding  States;  and  Messrs! 


192 


ADMINISTRATION    OF    ABRAHAM    LINCOLN. 


Webster,  Niles,  Ewing,  and  Davis,  with  others  from  the 
non-slaveholding  States  voting  against  it.  And  yet  it  is  in 
reference  to  this  discussion  aud  this  action  that  the  Post- 
matter  General  in  his  letter  to  the  committee  says  "that 
Congress  by  its  inaction  seemed  to  concur  in  the  right  and 
the  policy  of  excluding  such  alleged  treasonable  and  insur 
rectionary  publications  from  the  mails."  On  the  contrary, 
(Jougrcss  expressly  refused  to  sanction  the  idea  that  it  had 
the  power  ;  and  certainly  no  other  department  of  the  Gov 
ernment  has. 

Generals  commanding  departments  frequent 
ly  prohibit  the  circulation  of  certain  newspapers 
within  the  limits  of  their  commands.  Major 
General  Wallace,  May  18,  1864,  suppressed  the 
Baltimore  Evening  Transcript.  Major  General 
Rosecrans,  May  26,  1864.  prohibited  the  circu 
lation  of  the  Metropolitan  Record  in  the  depart 
ment  of  Missouri.  The  circulation  of  the  Cin 
cinnati  Enquirer  has  recently  been  prohibited^ 
by  the  General  commanding,  in  Kentucky. 

A  REMINISCENCE. 
VIRGINIA  AND  THE  TRIBUNE. 

POST  OFFICE,  LTNOHBURG,  VIRGINIA, 

December  2,  1859. 
MR.  HORACE  GREELEY  : 

SIR  :  I  hereby  inform  you  that  I  shall  not,  in  future,  de 
liver  from  this  office  the  copies  of  the  Tribune  which  come 
here,  because  I  believe  them  to  bo  of  that  incendiary  char 
acter  which  are  forbidden  circulation  alike  by  the  laws  of 
the  land,  am'  a  proper  regard  for  the  safety  of  society.  You 
will,  therefore,  discontinue  them. 
Respectfully,  R. 


Reply. 

NEW  YORK,  December  9,  1859. 
MR.  POSTMASTER  OF  LYNCHBUKG,  VIRGINIA  : 

SIR  :  I  take  leave  to  assure  you  that  I  shall  do  nothing  of 
the  sort.  The  subscribers  to  the  Tribune  in  Lynchburg 
have  paid  for  their  papers;  we  have  taken  their  money,  and 
shall  fairly  and  fully  earn  it,  according  to  contract,  if  they 
direct  us  to  send  their  papers  to  some  other  post  office,  we 
shall  obey  the  request  ;  otherwise,  we  shall  send  them  as 
originally  ordered.  If  you  or  your  masters  choose  to  steal 
and  destroy  them,  that  is  your  affair  —  at  all  events,  not  ours; 
and  if  there  is  no  law  in  Virginia  to  punish  the  larceny,  so 
much  the  worse  for  her  and  our  plundered  subscribers.  If 
tho  Federal  Administration,  whereof  you  are  the  tool,  after 
monopolizing  the  business  of  mail-carrying,  sees  fit  to  be 
come  the  accomplice  and  patron  of  mail-robbery,  I  suppose 
the  outrage  must  be  borne  until  more  honest  and  less  ser 
vile  rulers  can  be  put  into  high  places  at  Washington,  or 
till  the  people  can  recover  their  natural  right  to  carry  each 
other's  letters  and  printed  matter,  asking  no  odds  of  the 
Government.  Go  ahead  in  your  own  base  way.  I  shall 
stand  steadfast  for  human  liberty  and  the  protection  of  all 
natural  rights. 

Yours,  stiffly,  HORACE  GREELEY. 

THE    RECENT    SUPPRESSION    IN    NEW    YORK. 

18G4,  May  19  —  By  order  of  the  Secretary  of 
War,  the  offices  of  the  Journal  of  Commerce  and 
the  World  —  in  which  papers  had  appeared  a 
forged  proclamation  of  the  President  for  400,- 
000  troops  —  were  seized  by  the  military  au- 
thoriti's  and  held  for  several  days.  This  led 
to  these  proceedings  : 

Gov.  Seymour's  Letter  to  the  District  Attorney. 

STATE  OF  NEW  YORK,  EXECUTIVE  DEPARTMENT, 
'  ALBANY,  May  23,  1864. 

To  A.  OAKEY  HALL,  Esq., 

District  Attorney  of  the  County  of  New  York: 

SIR:  I  am  advised  tliat  on  the  19th  inst.,  the  office  of  The 
Journal  of  Commerce  and  that  of  The  New  York  World 
were  entered  by  armed  men,  the  property  of  the  owners 
seized,  and  the  premises  held  by  force  for  several  days.  It 
is  charged  that  these  acts  of  violence  were  done  without 
duo  legal  process,  and  without  the  sanction  of  State  or 
national  laws. 

If  this  be  true  the  offenders  must  be  punished. 

In  the  month  of  July  last,  when  New  York  was  a  scene 
of  violence,  I  gave  warning  that  "  the  laws  of  the  State 
must  be  enforced,  its  peace  and  order  maintained,  and  the 
property  of  its  citizens  protected  at  every  hazard."  The 
lawj  were  enforced  at  a  fearful  cost  of  blood  and  life. 

The  declaration  I  then  made  was  not  intended  merely  for 


!  that  occasion  or  against  any  class  of  men.  It  is  one  of  SIP 
!  enduring  character,  to  be  asserted  at  all  times  and  ugaiust 
all  condition  of  citizens,  without  favor  or  distinction.  Un- 
j  less  all  are  made  to  bow  to  the  law,  it  will  be  respected  by 
!  none. 

Unless  all  are  made  secure  in  their  rights  of  pert  HI  and 
;  property,  none  can  be  protected.    If  the  owners  of  the 
j  above-named  journals  have  violated  State  or  national  laws, 
!  they  must  be  proceeded  against  and  punished  by  those  laws. 
'  Any  action  against  them  outside  of  legal  procedures  is 
criminal.     At  this   time  of  civil  war  and   disorder,  the  ma 
jesty  of  the  law  must  be  upheld  or  society  will  hink  into 
anarchy.    Our  soldiers  in  the  field  will  battle  m  vain  lor 
constitutional  liberty  if  persons  or  property,  or  opinions, 
are  trampled  upon  at  home.    We  must  not  give  up  home 
freedom,  and  thus  disgrace  the  American  character  while 
our  citizens  in  the  army  are  pouring  out  their  blood  to> 
maintain   the  national   honor.    They  must   not  find  wh«-n 
they  come  back  that  their  personal  and  fireside  rights  have 
been  despoiled. 

In  addition  to  the  general  obligation  to  enforce  the  laws 
of  the  land,  there  are  local  reasons  why  they  must  be  up 
held  in  the  city  of  New  York.  If  they  are  not,  its  commei  ce 
and  greatness  will  be  broken  down.  If  this  great  center  of 
wealth,  business,  and  enterprise  is  thrown  into  disorder  and 
bankruptcy,  the  National  Government  will  be  paralyzed. 
What  makes  New  York  the  heart  of  our  country?  Why 
are  its  pulsations  felt  at  the  extremities  of  our  land?  Not 
through  its  position  alone,  but  because  of  the  world-wide 
belief  that  property  is  safe  within  its  limits  from  waste  by 
mobs  and  from  spoliation  by  Government. 

The  laborers  in  the  workshop,  the  mine,  and  in  the  field, 
on  this  continent  and  in  every  other  part  of  the  globe,  send 
to  its  merchants,  for  sale  or  exchange,  the  products  of  their 
toil.  These  merchants  are  made  the  trustees  of  the  wealth 
of  millions  living  in  every  land,  because  it  is  believed  that 
in  their  hands  property  is  safe  under  the  sliield  of  laws  ad 
ministered  upon  principle  and  according  to  known  usages. 
This  great  confidence  has  grown  up  in  the  course  of  many 
years  by  virtue  of  a  painstaking,  honest  performance  of 
duty  by  the  business  men  of  your  city.  In  this  they  havo 
been  aided  by  the  enforcement  of  laws  based  upon  the 
solemnly-recorded  pledges  that  "  the  right  of  the  people  to 
bo  secure  in  their  persons,  houses,  papers,  and  effects 
against  unreasonable  searches  and  seizures  shall  not  be  vio 
lated,  and  that  no  one  shall  be  deprived  of  liberty  or  prop 
erty  without  due  process  of  law.'' 

For  more  than  eighty  years  have  we  as  a  people  been 
building  up  this  univen-al  faith  in  the  sanctity  of  our 
jurisprudence.  It  is  this  which  carries  our  commerce  upon 
every  ocean  and  brings  back  to  our  merchants  the  wealth 
of  every  clime.  It  is  now  charged  that,  in  utter  disregard 
of  the  sensitiveness  of  that  faith,  at  a  moment  when  the 
national  credit  is  undergoing  a  fearful  trial,  the  organs  of 
commerce  are  seized  and  held,  in  violation  of  constitutional 
pledges,  that  this  act  was  done  in  a  public  mart  of  your 
great  city,  and  wa.s  thus  forced  upon  the  notice  of  the  com 
mercial  agents  of  the  world,  and  tLey  WITC  shown  in  an 
offensive  way  that  property  is  seized  by  military  force  and 
arbitrary  orders. 

These  things  are  more  hurtful  to  the  national  honor  and 
strength  than  the  loss  of  battles.  The  world  will  confound 
such  acts  with  the  principles  of  our  Government,  and  the 
folly  and  crimes  of  officials  will  be  looked  upon  as  the 
natural  results  of  the  spirit  of  our  institutions.  Our  St*te 
and  local  authorities  must  repel  this  ruinous  inference.  If 
the  merchants  of  New  York  are  not  willing  to  have  their 
harbor  sealed  up  and  their  commerce  paralyzed,  they  must 
unite  in  this  demand  for  the  security  of  persons  and  prop 
erty.  If  this  is  not  done,  the  world  will  withdraw  from 
their  keeping  its  treasures  and  its  commerce. 

History  has  taught  all  that  official  violation  of  law  in 
times  of  civil  war  and  disorder  goes  before  aits  of  spoliation 
aud  other  measures  which  destroy  the  safeguards  of  com 
merce. 

I  call  tipon  you  to  look  into  the  facts  connected  with  tho 
seizure  of  The  Journal  of  Comnu-rce  and  of  The  New  York 
World.  If  these  acts  were  illegal,  the  offenders  m^t  be 
punished.  In  making  your  inquiries  nud  in  prosecuting 
the  parties  implicated,  you  will  call  upon  the  Sheriff  of  the 
county  and  the  heads  of  the  Police  Department  for  auy 
needed  force  or  assistance.  The  failure  to  give  this  by  any 
official  under  my  control  will  be  deemed  a  sufficient  causo 
for  his  removal. 
Very  respectfully  yours,  &c., 

HORATIO  SEYMOUR. 

CHARGE    OF   JUDGE  RUSSELL, 

Of  the  New  York  Court  of  General  Sessions, 
June  13,  to  the  grand  jury,  composed  as  follows  • 
Cyrus  Mason,  Foreman,  John  E.  Anderson,  Nathaniel  tt'. 
Carter,  Martin  L.  Delafield,  Mathew  Hottrick,  John  J.  Hav 
er,  David  C.  Newell,  James  II.  Pinckney,  Wm.  1'Mlen,  Win. 


ADMINISTRATION    OF   ABRAHAM    LINCOLN. 


193 


IK  ton,  J.  AuBtin  Stevens,  jr.,  Amoe  H.  Trowbridge,  ?am- 
u>  l  \  Beukmttn,  Seabury  Breweter,  Jacob  D.  T.  Hereey, 
BenMict  Lewie,  jr.,  Willard  Phelps,  Win.  T  Skeff,  W.  M. 
Thuraon,  JoLn  P.  Worstell,  John  Townsend,  Juhn  D. 
Welsh,  Chris.  Zubriskie,  jr. 

The  gr<uid  jury  having  taken  the  usual  oath, 
Judge  Russell  delivered  a  charge  in  which  he 
thub  alluded  to  the  order  for  the  arrest  of  the 
proprietors,  and  for  the  suppression  of  their 
journals  : 

The  first  part  of  the  order  was  never  fully  executed.  The 
latter  part  wa^,  and  the  forcible  possession  maintained  for 
several  days.  The  author  of  the  fraud,  it  is  said,  has  been 
discovered,  and  the  newspapers  in  question  have  been 
exonerated  froa>  all  suspicion  of  guilt  or  blame.  If  this  bo 


THE  LAWS  TO  BE  ENFORCED. 

Letter  from  Governor  Seymour  t<>  District  Attorney  Hall,  of 
New  York 

EXECUTIVE  CHAMBER, 

ALBANY,  June  25. 
A.  OAKEY  HALL,  Esq., 

District  Attorney  of  the  Oily  and  Courtly  of  Neua  York : 
SIR  :  In  the  mutter  of  the  seizure  of  the  offices  of  The 
Woj'Mand  Journal  of  Commerce,  the  grand  jury,  in  disre 
gard  of  their  oaths,  "  to  diligently  inquire  into  and  true 
presentment  make  of  all  such  matters  and  things  as  should 
be  given  them  in  charge,"  have  refused  to  make  such  in 
quiries,  and  declare  that  "  it  is  Inexpedient  to  examine  into 
the  subject  referred  to  in  the  charge  of  the  court"  with  re 
spect  to  such  seizures.  It  becomes  my  duty,  under  the  ex 
press  requirements  of  the  constitution,  •<  to  take  caio  that 
" 


ly  I  luc  law 
ir  |  Jur>"  >  m 


BO,  this  is  an  instance  of  innocent  men  being  summarily  |  tbc  'aws  of  the  State^are  faithfully^ executed,^'   ITtbc  grand 

interfered  with,  or  trespassed  upon,  in  the  sanctity  of  their 

persons  and  property.    As  such,  it  is  a  violation  of  both  the 

Federal  and  State  Constitutions,  and  it  is  your  dxity  to 

examine  into  it.    This  is  not  a  self-imposed  or  self-assumed 

duty  by  this  court.    T'io  facts  were  communicated  to  the 

Executive  of  this  State,  and  he  addressed  to  the  district 

attorney  of  this  county  the  communication  I  now  read  to 

you. 

[The  Judge  then  read  Governor  Seymour's  letter.] 

Acting  upou  the  duty  this  Court  owes  to  the  laws  of  this 
State,  which  is  repeated  in  the  official  document  I  have  just 
read  to  you,  I  Leg  to  submit  the  matter  to  your  calmestand 
most  careful  consideration.  The  Court  is  convinced  that  you 
will  deal  with  it  in  such  a  manner  as  becomes  the  dutiful 
and  loyal  citizens  of  a  dutiful  and  loyal  State.  Anything 
like  political  bias  should  be  discarded.  The  question  is 
simply  thus:  Have  the  laws  of  tbe  Stale,  in  reference  to 
the  protection  of  person  aud  property,  been  violated,  and 
if  so,  who  are  the  parties  who  have  been  concerned  in  it? 
No  matter  what  their  station  may  be,  they  must  answer 
for  the  wrong,  if  there  be  one.  If  the  President  of  the 
United  States,  or  other  officer  who  assumed  to  issue  the  or 
der,  had  no  such  power  or  authority,  those  who  obeyed  and 
enforced  it  are  clearly  responsible. 

For  the  purposes  of  this  occasion ,  the  Court  instructs  you 
tint  such  an  order  as  has  been  referred  to  would  not,  under 
the  circumstances  stated,  be  any  protection  to  those  cou- 


pursuance  of  the  demands  of  the  law  and  the  obli 
gations  of  their  oaths,  had  inquired  into  the  matter  given 
them  in  charge  by  the  court  and  tho  public  prosecutor,  their 
decision,  whatever  it  might  have  been,  would  have  beon 
entitled  to  respect.  As  they  have  refused  to  do  their  duty, 
the  subjectof  the  seizure  of  these  journals  should  at  once  be 
brought  beibre  some  proper  magistrate.  If  you  wish  any 
assistance  in  the  prosecution  of  these  investigations,  it  will 
be  given  to  you. 

As  it  is  a  matter  of  public  interest  that  violations  of  the 
laws  of  the  State  be  punished,  the  views  or  wishes  of  the 
parties  immediately  affecttd  must  not  be  suffered  to  in 
fluence  the  action  of  public  officers.  If  through  fear  or 
other  motives  they  are  unwilling  to  aid  you  in  getting  at 
facts,  it  will  be  your  duty  to  compel  their  attendance  as 
witnesses  in  behalf  of  the  people. 
Respectfuiiy  yours, 

HORATIO  SEYMOUR. 

The  newspapers  give  this  account  of  further 
proceedings: 

THE  ARREST  OF  GENERAL  DIX. 

The  arrest  of  General  Dix  and  several  other  officers  on 
Friday,  July  1,  was  made  upon  warrants  issued  by  City 
Judge  Russell.  Several  persons  appeared  before  the  city 

'     ,  in  answer  to  subpoenas  allowed  by  him,  at  the  in 


cerned  in  its  execution.  This  will  raise  the  question  at  issue  I  stance  of  District  Attorney  Hall,  and  had  testified  to  facts 
between  the  State  and  General  Government  in  a  legal  way.  )  relating  to  the  seizure  of  The  World  and  Journal  of  Com- 
Any  attempt  to  interfere  with  freedom  of  speech  or  liberty  j  nierce  newspapers.  The  letter  of  Governor  Seymour  to  the 
of  the  press  has  been  regarded  and  watched  with  the  great-  I  district  attorney,  condemning  the  grand  jury  for  its  return 
est  jealousy  by  tho  constituents  of  our  Federal  aud  State  in  tb-°  case  of  those  newspapers,  and  saying  that  "  thesub- 
Goverumeuts.  These  invaluable  privileges  are  protected  jcet  should  be  brought  before  some  proper  magistrate,"  is 
in  both  the  Federal  and  State  Constitutions.  Neither  Con-  i  R»M  to  have  induced  the  district  attorney  to  procure  the  af- 


gress  nor  our  State  Legislature  caa  make  a  law  abridging 
either  right.  In  the  year  1788,  the  famous  "Sediuou  law" 
was  passed  by  Congress,  giving  the  Government  extraor 
dinary  power  in  reference  to  publications  calculated  to 
weaken  its  authority.  So  unpalatable  was  this  law  that  it 
was  finally  repealed.  Two  of  the  State  Legislatures  ex 
pressly  declared  against  its  constitutionality.  At  the  time 
it  was  passed,  the  Government  being  in  a  state  of  compara 
tive  infancy,  it  ought  probably  to  have  been  more  favor 
ably  regarded ;  but  it  involved  rights  too  clear  to  be  trenched 
upon  or  surrendered.  In  reference  to  the  alleged  author  of 
the  spurious  proclamation,  you  will  receive  evidence  of  the 
fact  establishing  his  guilt,  and  if  you  are  satisfied  of  it,  you 
will  present  him  for  such  an  offence  as,  under  the  advice  of 
the  district  attorney .  (to  whom  you  are  entitled  to  appeal 
for  advice,)  may  be  proper.  At  common  law,  the  "  spread 
ing  false  news  to  make  discord  between  the  king  and  no 
bility,  or  concerning  auy  great  man  of  the  realm,"  was  an 
offence  against  the  public  peace,  punishable  with  fine  and 
Imprisonment. 

It  may  be  t;  at  the  elements  of  the  common  law  will  bo 
invoked  by  thedistrictattorney  in  reference  to  this  offender. 
I  >  relereuco  to  the  parties  engaged  in  taking  and  maintain 
ing  forcible  possession  of  the  newspaper  establishments, 
the  couit  instructs  you  that  if  there  were  three  or  more  of 
them,  they  would  be  liable  as  for  riot,  which  has  been  de 
fined  t  >  bu  '•  where  three  or  more  actually  do  an  unlawful 
act  of  violence,  either  with  or  wilhortt  a  common  cause  or 
quarrel,  or  even  do  a  lawful  act,  as  removing  a  nuisance,  in 
a  violent  or  tumultuous  manner." 

RESPONSE  OF  THE  GRAND  JURY. 

Resolotd,  That  the  grand  inquest  respectfully  represent  to 
tbe  honorable  court  that,  in  their  judgment,  it  is  inexpe 
dient  to  examine  into  the  subject  referred  to  in  the  commu 
nication  of  the  Executive  of  the  State  and  the  charge  of  the 
court,  namely  :  the  action  of  the  General  Government  as  to 
certain  newspapers  in  this  city. 

CYRUS  MASON,  Foreman. 

JOHN  AUSTIN  STEVKNS,  Jr.,  Secrctai-y. 


fidavits  to  bo  made  before  Russell.  The  district  attorney 
first  made  an  affidavit  in  the  form  of  a  complaint,  dated  28th 
June,  \i;-.  which  he  declared  that  he  had  been  informed  and 
believed  that  "Hon.  A.  Lincoln"  directed  "John  A.  Dix" 
to  do  several  acts  against  The  World  and  Journal  of  Com 
merce,  and  thu  editors  of  those  journals,  enumerated  in  the 
complaint  of  tho  district  attorney,  and  changing  that  the 
said  Dix  "  feloniously  ordered  one  William  Barstow"  (Cap 
tain  Barstow)  to&rrest  the  editors  of  the  newspape-  s  named, 
and  "mischievously  ordered  one  William  Hays"  (Acting* 
Assistant  Provost  Marshal  General  Hays)  to  procure  ths 
closing  up  of  the  newspaper  offices  ;  that,  the  arrest  of  Mr. 
Hallock  was  procured,  and  that  gentleman  kept  for  the 
space  of  about  three  hours  ;  that  '-the  said  Hays  instructed 
Major  Powers,  who  caused  one  Fundy"  (Captain  Fuiuly) 
and  some  commissioned  officers  and  privates,  whom  the 
district  attorney  names,  to  '«go  armed  aud  equipped"  to 
take  possession  of  the  Journal  if  Commerce  office  ;  and  i  hat 
the  said  Hays  caused  similar  acts  to  be  done  to  The  World, 
through  Lieutenant  Gabriel  Tuthill  and  several  other  sol 
diers.  Tho  district  attorney  then  charges  that  John  A .  Dix 
and  William  Barstow  are  gni.ty  of  kidnapping,  and  tho 
others,  with  John  A.  Dix,  of  inciting  to  a  riot  and  forcibly 
detaining  property  :  and  the  district  n'torney  prays  that 
action  be  taken  to  sustain  the  dignity  of  the  State. 

Judge  Russell  then  issued  subpoenas,  directed  to  Messrs. 
William  H.  Hallock,  of  the  Journal  of  Commerce;  David  G. 
Croly,  of  The  World;  William  W.  Jacobus,  John  S.  lietts 
auctioneer,  Daniel  R.  Kirwan,  and  Washington  Hil!«,  Jr., 
clerk  in  The  World  office,  who  appeared  before  the  .ridge 
and  made  their  several  affidavits,  the  district  attorney  ex 
amining  the  witnesses. 

ARREST  OF  GENERAL  DIX  BY  THE  SHERIFF. 

In  accordance  with  the  lotter  of  Governor  Seymwir,  di 
recting  the  matter  of  the  suppressed  newspapers  to  be 
brought  before  a  magistrate,  Mr.  A.  Oakey  Hall  commenced 
taking  evidence  and  submitting  testimony  before  Jiitlgo 
Russ  11  on  Tuesday.  After  examining  the  witnesses,  Judge 
Russell  came  to  the  conclusion  that  it  was  a  proper  case  Tor 
him  to  issue  his  warrant.  Accordingly  warrants  were  placed 


194 


ADMINISJRATION   OF    ABRAHAM   LINCOLN. 


in  the  hands  of  the  sheriff,  who  arrested  Major  General  Dix, 
Major  Barstow,  Captain  Fundy,  Major  Powers,  and  other 
officers  on  guard  at  the  offices  of  The  World  and  Journal 

ThTmilitary  gentlemen  very  courteously  submitted  to  the 
arrest  and  their  counsel,  E.  Delafleld  Smith,  appeared  be 
fore  Judge  Russell.  Mr.  Smith  ask-ed  for  time  to  examine 
into  the  papers  and, consult  with  his  associate,  ex-Jn<lg< 
Pierrepont,  as  to  the  future  course  to  be  pursued  by  them. 
The  matter  was  then  adjourned,  the  defendant*  in  the  moan- 
time  being  released  on  their  own  verbal  recognizances. 

First  Session,  Thirty-Eighth  Congress. 
IN  SENATE. 

1864,  May  26 — Mr.  POWELL  offered  this  res 
olution,  which  went  over  : 

Resolved,  That  the  conduct  of  the  executive  authority  of 
this  Government,  in  recently  closing  the  offices  and  sup- 
bressin^  the  publication  of  The  World  and  Journal  of  Cor,i- 
merce,  newspapers  in  the  city  of  New  York,  under  circum 
stances  which  have  been  placed  before  the  public,  was  an 
act  unwarranted  in  itself,  dangerous  to  the  cause  of  the 
Union,  in  violation  of  the  Constitution,  and  subversive  of 
the  principles  of  civil  liberty,  and  as  such  is  hereby  cen- 
Bured  by  the  Senate. 

IN  HOUSE. 

May  23 — Mr.  GRINNELL  asked  consent  to  offer 
this  resolution,  but  it  was  objected  to  : 

Resolved,  That  the  President  be  requested  to  communi 
cate  to  this  House  whether,  by  any  order  of  the  Govern 
ment  or  by  any  officer  thereof,  The  World  and  Journal  oj 
Commerce,  newspapers  in  the  city  of  New  York,  were  sus 
pended  from  bein-  published;  and  if  so,  that  said  order  be 
communicated  to  this  House,  and  the  proceedings  m  th 
execution  of  that  order. 

May  23 — Mr.  PRUYN  asked  consent,  on  V;ehal 
of  a  portion  of  the  New  York  delegation,  to  offer 
tbis  resolution : 

Resolved,  That  the  conduct  of  the  executive  authority  o 
the  Government  in  recently  closing  the  offices  and  sup 
pressing  the  publication  of  The  World  and  Journal  of  Com 


merce,  newspapers  in  the  city  of  New  York,  under  ircum- 
stances  which  have  been  placed  before  the  public,  was  an 
act  unwarranted  in  itself,  dangerous  to  the  causo  of  the 
Union,  in  violation  of  the  Constitution,  and  subvevruve  of 
the  principles  of  civil  liberty,  and  as  such  is  hereby  closured 
by  this  House. 

Several  members  objected.  At  a  later  hour 
he  moved  a  suspension  of  the  rules  for  th»-  pur 
pose  of  offering  it,  but  this  motion  was  reject 
ed — yeas  54,  nays  79,  as  follows  : 

YEAS— Messrs.  James  C.  Allen,  Augustus  C.  Baldwin,  Bliss, 
Brooks,  JUIMS  S.  Brown,  C'hanler,  Coffroth,  Cox,  Dt,\vson, 
Denison,  Eden,  Edyerton,  Eldridfje,  Fhick,  Grider,  Hai-duxj, 
Charles  M.  Harris,  Herrir,k,Hoiman,Hut.chin*,  Philip  John 
son,  William  Johnson,  Kalbfaisch,  K<:rnun,  King,  Knapp, 
Law,  Lazear,  Maliory,  Mnrcy,  McAllitUr,  MeDmaeU.  WuVam 
//.  Miller,  Morrison,  Nds>m,  Noble,  John  O'Neill,  Pendl'Jon, 
Prui/n  Radford,  Samuel  J.  Randall,  Robinson,  James  .S.  KM- 
lins,  Rons,  Scott,  John  B.  StwU,  William  G.  Steele  Strcwc, 
Vom-Jiees,  Wadsworth,  Ward,  Wheeler,  Joseph  W.  White, 
Fernando  Wood — 54. 

NAYS— Messrs.  Alley,  Ames,  Arnold,  John  D.  Baldvm, 
Baxter,  Beaman,  Jacob  B.  Blair,  Blow,  Boutwcll,  Boyd, 
Brooniall,  William  G.  Brown,  Ambrose  W.  Clark,  Freeaoan 
Clarke,  Cobb,  Cole,  Creswell,  Henry  Winter  Davis,  Thomas 
T  Davis,  Dawes,  Doming,  Dixon,  Donnelly,  Driggs,  Eckley, 
Eliot,  Farnsworth,  Garneld,Gooch,Grinnell,  Higby,  Hooper, 
Hotchkiss,  Asahel  W.  Hubbard,  Ingersoll,  Jenckes,  Julian, 
Kelley,  Francis  W.  Kellogg,  Loan.,  Longyear,  Marvin,  Mc- 
Bride,  McClurg,  Samuel  F.  Miller,  Moorhead,  Morrill,  Amoa 
Myers,  Leonard  Myers,  Charles  O'Neill,  Orth,  Patterson. 
Perham  Pike,  Pomeroy,  Price,  William  II.  Randall,  John 
H.  Rice,  Edward  H.  Rollins,  Schenck,  Scofield,  Shannon, 
Sloan  Smith,  Smithers,  Spaldiug,  Stevens,  Thayer,  Thomas, 
Unson,  Elihu  B.  Washburne,  William  B..Washburn,  •«  ob- 
ster,  Whaley,  Williams,  Wilder,  Wilson,  Windom,  Wood- 
bridge— 79. 

Same  day,  Mr.  ARNOLD  offered  this  resolution, 
which  was  adopted: 

Resolved,  That  the  Committee  on  the  Judiciary  be  in 
structed  to  inquire  and  report  what,  if  any,  additional  legis 
lation  mav  be  necessary  to  punish  the  forgery  and  publieit- 
tion  of  official  documents,  and  what  legislation  is  necessary 
to  punish  those  who  through  the  press  or  otherwise  give  ir- 
formation,  aid,  or  comfort  to  the  rebels. 


CONFISCATION   AND   EMANCIPATION. 


CONFISCATION. 


First  Session,  Thirty-Seventh  Congress. 

1861,  August  6  — A  bill  was  approved,  of 
which  these  are  the  first  and  fourth  sections: 

That  if,  during  the  present  or  any  future  insurrection 
against  the  Government  of  the  United  States,  after  the 
President  of  the  United  States  shall  have  declared,  by 
proclamation,  that  the  laws  o:  the  United  States  are  op 
posed,  and  the  execution  thereof  obstructed,  by  combina 
tions  too  powerful  to  be  suppressed  by  the  ordinary  course 
of  judicial  proceedings,  or  by  the  power  vested  in  the  mar 
shals  bylaw,  any  person  or  persons,  his,  her,  or  their  agent, 
attorney,  or  employee,  shall  purchase  or  acquire,  sell  or 
give,  any  property 'of  whatsoever  kind  or  description,  with 
intent  to  use  or  employ  the  same,  or  suffer  the  same  to  be 
used  or  employed,  in  aiding,  abetting,  or  promoting  such 
insurrection  or  resistance  to  tne  laws,  or  any  persons  en 
gaged  therein;  or  if  any  person  or  persons,  being  the 
owner  or  owners  of  any  such  property,  shall  knowingly  use 
or  employ,  or  consent  to  the  use  or  employment  of  the 
same  as  aforesaid,  all  such  property  is  hereby  declared  to 
bo  lawful  subject  of  prize  and  capture  wherever  found; 
and  it  shall  be  the  duty  of  the  President  of  the  United 
States  to  cause  the  same  to  be  seized,  coniiscated,  and  con 
demned. 

SEC.  -1.  That  whenever  hereafter,  during  the  present  in 
surrection  against  the  Government  of  the  United  States, 
«ny  person  claimed  to  be  held  to  labor  or  service  under  the 
law  of  any  State  shall  be  required  or  permitted  by  the  per 
son  to  whom  such  labor  or  service  is  claimed  to  be  due,  or 
by  the  lawful  agent  of  such  person,  to  take  up  arms  against 
the  United  States ;  or  shall  be  required  or  permitted  by  the 
person  to  whom  Mich  labor  or  service  is  claimed  to  be  due, 
or  his  lawful  agent,  to  work  or  to  be  employed  in  or  upon 
any  fort,  navy-yard,  dock,  armory,  ship,  entrenchment,  or 
in  any  military  or  naval  service  whatsoever,  against  the 
Government  and  lawful  authority  of  the  United  States, 
then,  and  in  every  such  case,  the  person  to  whom  such  la 
bor  or  service  is  claimed  to  be  duo  shall  forfeit  his  claim  to 
euch  labor,  any  law  of  the  State  or  of  the  United  States  to 
the  contrary  notwithstanding.  And  whenever  thereafter 
the  person  claiming  such  labor  or  service  shall  seek  to  en 
force  his  claim,  itHhall  be  a  full  and  sufficient  answer  to  such 
claim  that  the  person  whose  service  or  labor  is  claimed  had 
been  employed  in  hostile  service  against  the  Government  of 
the  Unit6d  States,  contrary  to  the  provisions  of  this  act. 

This  bill,  as  reported  from  the  Judiciary  Com 
mittee  of  Hie  Senate,  did  not  contain  the  fourth 
section,  and  while  it  was  pending  in  the  Senate 
Mr.  TKUMHULL  moved  to  add  this  as  a  new  sec 
tion  July  22  :  III 

That  whenever  any  person  claiming  to  be  entitled  toThe 
service  or  lalior  of  niiy  other  person  under  the  lnws  of  any 
State,  shall  employ  such  person  in  aiding  or  promoting  a;iy 
inxiirroctiiH),  •  r  in  resisting  the  laws  of  the  United  States, 
or  shall  permit  him  to  be  FO  employed,  he  shall  forfeit  all 
right  to  Mich  8  rvice  or  labor,  and  the  person  whose  labor 
<T  Ki-rvice  it)  thus  claimed  shall  be  thenceforth  discharged 
tliorefi om,  any  law  to  the  contrary  i  otwithstanding. 

Which  was  agreed  to — yeas  33,  nays  6,  as 
I  o1  lows  : 

Yi  AS— Messrs.  Anthony,  Bingbam,  Browning,  Chandler. 

i  . •  k.  Coll  imer.  Cowan,  Dixon,  Doolittle,  Fessenden.  Foot. 

r.  Gr  mes.  Hale,  Iliirlan,  Harris,  Howe,  Johnson  of  Ten- 


neasee,  King,  Lane  of  Kansas,  McDougall,  Morrill, 
Pomeroy,  Sherman,  Simmons,  Sumner,  Ten  Eyck,  Trum- 
bull,  Wade,  Wilkinson,  Wilmot,  Wilson— 33. 

NATS — Messrs.  Breckinridge,  Johnson  of  Missouri,  Kenne 
dy,  Pearce,  Polk,  Powell— Q. 

The  bill  then  passed  without  a  division. 
IN  HOUSE. 

August  2 — The  House  Committee  on  the  Ju 
diciary  reported  a  substitute  for  the  bill,  which 
provides  that  whenever  hereafter,  during  the 
existence  of  the  present  insurrection  against  the 
Government  of  the  United  States,  any  person 
held  to  labor  or  service  under  the  laws  of  any 
State  shall  be  required  or  permitted,  by  the 
person  to  whom  such  labor  or  service  is  due,  or 
his  legal  agent,  to  take  up  arms  against  the 
United  States,  or  to  work,  or  be  employed  in  or 
about  any  fort,  navy-yard,  armory,  dock-yard, 
ship,  or  in  any  military  or  naval  service,  against 
the  Government  of  the  United  States,  or  as  the 
servant  of  any  person  engaged  in  active  hos 
tilities  against  the  United  States,  then  the  per 
son  to  whom  such  labor  is  due  shall  forfeit  all 
claim  to  such  service  or  labor,  any  law  of  any 
State,  or  of  the  United  States,  to  the  contrary 
notwithstanding ;  and,  in  case  of  a  claim  for 
such  labor,  such  facts  shall  be  a  full  and  suffi 
cient  answer. 

Which  was  rejected  without  a  division  ; 
when,  after  debate,  the  bill  was  recommitted 
to  the  committee. 

August  3 — The  committee  reported  the  Sen 
ate  bill  with  a  substitute  for  section  four, 
adopted  above  in  the  Senate,  being  the  fourth 
section  of  the  act  as  approved. 

A  motion  to  table  the  bill  was  lost — yeas  47, 
nays  66 ;  and  the  amendment  was  agreed  to, 
and  the  bill  passed — yeas  61,  nays  48,  as  fol 
lows  : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baxter,  Beaman,   Bingham,   Francis  P.   Blair,   Samuel   S, 
Blair,  Blake,  Buffinton,  Chamberlain,  Clark,  Colfax,  Fred 
erick  A.  Conkling,  Covode,  Duell,  Edwards,  Eliot.  Fenton, 
Fessenden,  Franchot,   Frank,  Granger,  Gurley,   Hanchett, 
Harrison,  Hutchins,  Julian,  Kelley,  Francis  W.  Kellogg, 
William    Kellogg,    Lansing,   Loomis,    Lovejoy,    McKean, 
i  Mitchell,  Justin  S.  Morrill,  01  in.  Potter,  Alexander  H.  Rice, 
Edward  II.  Rollins.  Scdgwick,  Sheffield,  Bhel'aberger,  Pher- 
|  man,  Sloan,  Spanlding,   W.  6,  Stede,  Stevens,  Benjamin  F. 
I  Thomas,  Train,  Van  Horn,  Verreo.  Wallace,  Charles  W.  Wal- 
j  ton,  E.  P.  Walton,  Wheeler,  Albert  S.  White,  Windom— 61. 

NATS — Messrs.  Allen,  Ancona,  Joseph  Baily,  George  H. 
Browne,  Burnett,  Culvert,  Cox,  Cravens,  Crisjic.ld,  Critten- 
den,  Diven,  Dunlap,  Dunn,  English,  Fouke,  Grider,  Haight, 
Hale,  Harding,  Holman,  Horton,  Jackson,  Johnson,  Law, 

195 


196 


CONFISCATION. 


May,  McCUrnand,  MePhereon,  MaUory,  Mfnzies,  Morris, 
Noble,  Norbm,  Ode!!,  J'endfetim,  Porter,  Reid,  Robinson, 
James  S.  Kolli-*is,  Shiel,  Xmith,  John  B.  Steele,  Strattoii, 
Francis  Thomas,  ValLandiyham,  Voorhees,  Wadsworth, 
Webster,  Wickliffe.— 48. 

August  5 — The  Senate  concurred  in  the 
amendment  of  the  House — yeas  24,  nays  11, 
as  follows : 

YEAS— Messrs.  Anthony,  Bingham,  Browning,  Clark,  Col- 
lamer,  Dixou,  Doolittle,  Fcssenden,  Foot,  Foster,  Grimes, 
Hale,  Harris,  King,  Lane  of  Indiana,  Lane  of  Kansas,  JHc- 
Dougall,  Sherman,  Simmons,  Sumuer.  Ten  Eyck,  Trumbull, 
Wade,  Wilson— 24. 

NAYS — Messrs.  JSreclcinridge,  Bright,  Carlilf.  Cowan,  John- 
son  of  Missouri,  Latfiam,  Pearce,  Polk,  Powell,  Rice,  Sauls- 
bury — 11. 

Second  Session,  Thirty-Seventh  Congress. 

18G2,  July  17 — A  bill  was  approved  to  "  sup 
press  insurrection,  to  punish  treason  and  re 
bellion,  to  seize  and  confiscate  the  property  of 
rebels,  and  for  other  purposes,"  which  con 
tains  these  provisions  : 

That  every  person  who  shflll  hereafter  com 
mit  the  crime  of  treason  against  the  United 
States,  and  shall  be  adjudged  guilty,  shall  suf 
fer  death,  or  be  imprisoned  not  less  than  five 
years  and  fined  not  less  than  $10,000,  (the  fine 
to  be  levied  on  all  property  excluding  slaves,) 
and  all  his  slaves,  if  any,  shall  be  declared  and 
made  free. 

That  if  any  person  shall  hereafter  incite,  set 
on  foot,  assist,  or  engage  in  any  rebellion  or 
insurrection  against  the  authority  of  the  United 
States,  or  the  laws  thereof,  or  shall  give  aid  or 
comfort  thereto,  or  shall  engage  in,  or  give  aid 
and  comfort  to,  any  such  existing  rebellion  or 
insurrection,  and  be  convicted  thereof,  such 
person  shall  be  punished  by  imprisonment  for 
a  period  not  exceeding  ten  years,  or  by  a  fine 
not  exceeding  ten  thousand  dollars,  and  by  the 
liberation  of  all  his  slaves,  if  any  he  have  ;  or 
by  both  of  said  punishments,  at  the  discretion 
of  the  court. 

That  every  person  guilty  of  either  of  the  of 
fences  described  in  this  act  shall  be  forever 
incapable  and  disqualified  to  hold  any  office 
under  the  United  States. 

That  this  act  shall  not  be  construed  in  any 
way  to  aifect  or  alter  the  prosecution,  convic 
tion,  or  punishment  of  any  person  or  persons 
guilty  of  treason  against  the  United  States  be 
fore  the  passage  of  this  act,  unless  such  person 
is  convicted  under  this  act. 

That,  to  insure  the  speedy  termination  of 
the  present  rebellion,  it  shall  be  the  duty  of  the 
President  of  the  United  States  to  cause  the 
seizure  of  all  the  estate  and  property,  money, 
stocks,  credits,  and  effects  of  the  persons  herein 
after  named  in  this  section,  and  to  apply  and 
use  the  same  and  the  proceeds  thereof  for  the 
support  of  the  army  of  the  Uni  ed  States,  that 
is  to  say  : 

First.  Of  any  person  hereafter  acting  as  an 
officer  of  the  army  or  navy  of  the  rebels  in 
arms  against  the  Government  of  the  United 
States. 

Secondly.  Of  any  person  hereafter  acting  as 
President,  Vice  President,  member  of  Congress, 
judge  of  any  court,  cabinet  officer,  foreign 
minister,  commissioner  or  consul  of  the  so- 
called  Confederate  States  of  America. 

Thirdly.  Of  any  person  acting  as  Governor 


of  a  State,  member  of  a  convention 

ture,  or  judge  of  any  court  of  any  of  the  so* 

called  Confederate  States  of  America. 

Fourthly.  Of  any  person  who,  having  held 
an  office  of  honor,  trust,  or  profit  in  the  United 
States,  shall  hereafter  hold  an  office  in  the  so- 
called  Confederate  States  of  America. 

Fifthly.  Of  any  person  hereafter  holding  any 
office  or  agency  under  the  Government  of  ihe 
so-called  Confederate  States  of  America,  or 
under  any  of  the  several  States  of  the  said  Con 
federacy,  or  the  laws  thereof,  whether  such 
office  or  agency  be  national,  State,  or  municipal 
in  its  name  or  character:  Provided,  That  the 
persons,  thirdly,  fourthly,  and  fifthly  above  de 
scribed,  shall  have  accepted  their  appointment 
or  election  since  the  date  of  the  pretended  or 
dinance  of  secession  of  the  State,  or  shall  have 
taken  an  oath  of  allegiance  to,  or  to  support 
the  Constitution  of  the  so-called  Confederate 
States. 

Sixthly.  Of  any  person  who,  owning  property 
in  any  loyal  State  or  Territory  of  the  United 
States,  or  in  the  District  of  Columbia,  shall 
hereafter  assist  and  give  aid  and  comfort  to  such 
rebellion ;  and  all  sales,  transfers,  or  convey 
ances  of  any  such  property  shall  be  null  and 
void ;  and  it  shall  be  a  sufficient  bar  to  any  suit 
brought  by  such  person  for  the  possession  or 
the  use  of  such  property,  or  any  of  it,  to  allege 
and  prove  that  he  is  one  of  the  persons  described 
in  this  section. 

That  if  any  other  persons  in  armed  rebellion, 
or  abetting  it,  shall  not,  within  sixty  days  after 
proclamation  to  be  made,  return  to  their  alle 
giance,  all  their  estate  and  property  shall  be 
liable  to  seizure,  and  it  shall  be  the  duty  of  tJ  & 
President  to  seize  and  use  them  as  aforesaid. 

To  secure  condemnation  and  sale  of  such 
property,  proceedings  in  rein  shall  be  instituted 
in  the  name  of  the  United  States  in  any  district 
or  territorial  court  thereof  within  which  the 
property  may  be  found,  &c. 

That  all  slaves  of  persons  who  shall  hereafter 
be  engaged  in  rebellion  against  the  Government, 
of  the  United  States,  or  who  shall  in  any  way 
give  aid  or  comfort  thereto,  escaping  from  such 
persons  and  taking  refuge  within  the  lines  of 
the  army ;  and  all  slaves  captured  from  such 
persons  or  deserted  by  them  and  coming  under 
the  control  of  the  Government  of  the  United 
States  ;  and  all  slaves  of  such  persons  found  on 
[oi'^  being  within  any  place  occup'ed  by  re^el 
forces  arid  afterwards  occupied  by  the  forces  of 
the  United  States,  shall  be  deemed  captives  of 
war,  and  shall  be  forever  free  of  their  servitude 
and  not  again  held  as  slaves. 

That  no  slave  escaping  into  any  State,  Terri 
tory,  or  the  District  of  Columbia,  from  any 
other  State,  shall  be  delivered  up,  or  in  any 
way  impeded  or  hindered  of  his  liberty,  except 
for  crisne  or  some  offence  against  the  laws,  un 
less  the  person  claiming  said  fugitive  shall  first 
make  oath  that  the  person  to  whom  the  labor 
or  service  of  such  fugitive  is  alleged  to  be  due 
is  his  Lawful  owner,  and  has  not  borne  arms 
against  the  United  States  in  the  present  rebel 
lion,  nor  in  any  way  given  aid  and  comfort 
thereto;  and  no  person  engaged  in  the  military 
or  naval  service  of  the  United  States  shall. 


CONFISCATION. 


under  any  pretence  whatever,  assume  to  decide 
on  the  validity  of  the  claim  of  any  person  to 
the  service  or  labor  of  any  other  person,  or  sur 
render  up  any  such  person  to  the  claimant,  on 
Dain  of  being  dismissed  from  the  service. 

That  the  President  of  the  United  States  is 
authorized  to  employ  as  many  persons  of  Afri 
can  descent  as  he  may  deem  necessary  and 
proper  for  the  suppression  of  this  rebellion,  and 
for  this  purpose  he  may  organize  and  use  them 
in  such  manner  as  he  may  judge  best  for  the 
public  welfare. 

That  the  President  of  the  United  States  is 
hereby  authorized  to  make  provision  for  the 
transportation,  colonization,  and  settlement,  in 
some  tropical  country  beyond  the  limits  of  the 
United  States,  of  such  persons  of  the  African 
race  made  free  by  the  provisions  of  this  act  as 
may  be  willing  to  emigrate,  having  first  ob 
tained  the  consent  of  the  Government  of  said 
country  to  their  protection  and  settlement 
within  the  same,  with  all  the  rights  and  privi 
leges  of  freemen. 

That  the  President  is  hereby  authorized,  at 
any  time  hereafter,  by  proclamation,  to  extend 
to  persons  who  may  have  participated  in  the 
existing  rebellion  in  any  State  or  part  thereof, 
pardon  and  amnesty,  with  such  exceptions  and 
at  such  time  and  on  such  conditions  as  he  may 
deem  expedient  for  the  public  welfare. 

.Same  day — This  joint  resolution  was  ap 
proved  : 

That  the  provisions  of  the  third  clause  of  the  fifth  section 
of  "An  act  to  suppress  insurrection,  to  punish  treason  and 
rebellion,  to  seize  and  confiscate  the  property  of  rebels,  and 
for  other  purposes,"  shall  be  so  construed  as  not  to  apply  to 
any  act  or  acts  done  prior  to  the  passage  thereof;  nor  to  in 
clude  any  member  of  a  State  Legislature,  or  judge  of  any 
State  court,  who  has  not  in  accepting  or  entering  upon  his 
office,  taken  an  oath  to  support  the  Constitution  of  the  so- 
called  Confederate  States  of  America;  nor  shall  any  punish 
ment  or  proceedings  under  said  act  be  so  construed  as  to 
work  a  forfeiture  of  the  real  estate  of  the  offender  beyond 
his  natural  life. 

VOTE  ON  THE  BILL. 

July  11 — The  bill,  being  the  report  of  a  com 
mittee  of  coriferenc0,  passed  the  House — yeas 
82,  nays  42.  as  follows: 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baxter,  Beaman,  Bingham,  Jacob  B.  Blair,  Samuel  S.  Blair, 
Blake,  Buffinton,  Campbell,  Casey,  Clark,  Colfax,  Frederick 
A.  Conkling,  RoscoeConkling,Covode,  Cutler,  Davis,  Dawes, 
Duell,  Dunn,  Edwards,  Eliot,  Ely,  Fenton,  Fessenden,  Fisher, 
Frank,  Goo;-h,  Goodwin,  Gurley,  Hale,  Hooper,  Hutchins, 
Julian,  Kelley,  Francis  W.  Kellogg,  William  Kellogg,  Lan 
sing,  Loomis,  Lovejoy,  Low,  McKnight,  McPherson,  May- 
nurd,  Mitchell,  Moorhead,  Anson  P.  Morrill,  Justin  S.  Mor 
rill,  Nixon,  Patton,  Timothy  G.  Phelps,  Pike,  Porter,  Potter, 
Alexander  II.  Rice,  John  11.  Rice,  Riddle,  Edward  II.  Rol 
lins.  Sargent,  Sedgwick,  Shanks,  Bhellabarger,  Sherman, 
Stevens,  Stratton,  Trimble,  Trowbridge,  Van  Horn,  Verree, 
Wall,  Wallace,  Walton,  Washburne,  Wheeler,  Albert  S. 
White,  Wilson,  Windom,  Worcester— 82. 

NAYS— Messrs.  William  Allen,  William  J.  Allen,  Ancona, 
BaiJy,  Biddle,  George  H.  Browne,  Clements,  f'obb,  Cox,  (7m- 
Jield,  Crittfiiden,  Dunlap,  FouJce,  Granger,  Grider,  HaigJit, 
Hall,  Harding,  Ilolman,  Kerrigan,  Knapp,  Law,  Lazear, 
Lehman,  Malinry,  Menzies,  Morris,  Nugen,  Odell,  Pendleton, 
James  S.  Rollins,  Segar,  Shiel,  John  B.  Steele,  William  G. 
Steele,  Stiles,  Benjamin  F.  Thomas,  Francis  Thomas,  Ward, 
Webster,  Wickiiffe,  Wood— 42. 

July  12 — The  bill  passed  the  Senate — yeas 
28,  nays  13,  as  follows: 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Doolittle,  Fes- 
senden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  Harris,  Howard. 
Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Morrill, 
Pomeroy,  Sherman,  Simmons,  Sumner,  Ten  Eyck,  Trum- 
tmll.  Wade,  Wilkinson,  Wilmot,  Wilson  of  Massachusetts, 
Wti.jht— 28. 


NATS—  Messrs.  Bayard,  Browning,  Carlile,  Cbwm,  Davis, 
Henderson,  Kennedy,  McDougall,  Powell,  Saulsbury,  Siark. 
Willey,  Wilson  of  Missouri—  13. 

THK  JOINT  RESOLUTION. 

July  15  —  Mr.  MAYNARD,  on  a  suspension  of 
the  rules,  (yeas  68,  nays  33,)  introduced  the 
joint  resolution,  which  is  the  same  as  the  above, 
omitting  the  last  clause,  and  which  passed  the 
House  without  a  division. 

July  16  —  In  SENATE, 

Mr.  CLARK  moved  to  add  the  last  clause. 

Mr.  POWELL  moved  to  strike  out  the  word 
"real"  ;  which  was  rejected  —  yeas  6,  nays  31, 
as  follows  : 

YEAS—  Messrs.  Davis,  Henderson,  Powell,  Saulsbury, 
Stark.  Wilson  of  Missouri—  6. 

NAYS—  Messrs.  Anthony,  Browning,  Chandler,  Clark, 
Cowan,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale, 
Harlan,  Harris,  Howard,  Howe,  King,  Lane  of  Indiana, 
Lane  of  Kansas,  McDougall,  Morrill,  Porneroy,  Sherman, 


Simmons,  Sumner,  Ten 


ougall, 
Eyck, 


Trumbull,  Wade,  Wilkinson, 


Wilmot,  Wilson  of  Massachusetts,  Wright— 31. 

The  amendment  of  Mr.  CLARK  was  agreed 
to — yeas  25,  nays  15,  as  follows: 

YEAS— Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Cowan,  Doolittle,  Fessenden,  Foot,  Foster,  Hale, 
Harris,  Henderson,  Howard,  Howe,  Lane  of  Kansas,  Mor 
rill,  Pomeroy,  Sherman,  Simmons,  Sumner,  Ten  Eyck,  Wil 
ley,  Wilson  of  Massachusetts,  Wright — 25. 

NAYS — Messrs.  C'arlile,  Davis,  Grimes,  Harlan,  Kennedy, 
King,  Lane  of  Indiana,  Powell,  Saulsbury,  Stark,  Trunibull, 
Wade,  Wilkinson,  Wilmot,  Wilson  of  Missouri— 15. 

July  17 — The  PRESIDENT  sent   this  message 
to  Congress  : 
Fellow-Citizens  of  the  Senate  and 

House  of  Representatives : 

Considering  the.  bill  for  ••  An  act  to  suppress 
insurrection,  to  punish  treason  and  rebellion, 
to  seize  and  confiscate  the  property  of  rebels, 
and  for  other  purposes,"  and  the  joint  resolu 
tion  explanatory  of  said  act,  as  being  substan 
tially  one,  I  have  approved  and  signed  both. 

Before  I  was  informed  of  the  resolution,  I 
had  prepared  the  draft  of  a  message,  stating 
objections  to  the  bill  becoming  a  law,  a  copy 
of  which  draft  is  herewith  submitted. 

ABRAHAM  LINCOLN. 

July  12,  1862. 

[Copy.] 
Fellow-Citizens  of  the  House  of  Representatives : 

I  herewith  return  to  your  honorable  body,  in  which  it 
originated,  the  bill  for  an  act  entitled  "  An  act  to  suppress 
treason  and  rebellion,  to  seize  and  confiscate  the  property 
of  rebels,  and  for  other  purposes,"  together  with  my  objec 
tions  to  its  becoming  a  law. 

There  is  mui.h  in  the  bill  to  which  I  perceive  no  objec 
tion.  It  is  wholly  prospective  ;  and  it  touches  neither 
person  or  property  of  any  loyal  citizen,  in  which  particular 
it  is  just  acd  proper. 

The  first  and  second  sections  provide  for  the  conviction 
and  punishment  of  persons  who  shall  be  guilty  of  treason, 
and  persons  who  shall  "  incite,  set  on  foot,  assist,  or  engage 
in  any  rebellion  or  insurrection  against  the  authority  of 
the  United  States,  or  the  laws  thereof,  or  sbail  give  aid  or 
comfort  thereto,  or  shall  engage  in  or  give  aid  and  comfort 
to  any  such  existing  rebellion  or  insurrection.''  By  fair 
construction, persons  within  those  sections  are  not  punished 
without  regular  trials  in  duly  constituted  courts  under  the 
forms  and  all  the  substantial  provisions  of  law  and  the 
Constitution  applicable  to  their  several  cases.  To  thin  I 
perceive  no  objection  ;  especially  as  such  persons  would  be 
within  the  general  p»rdming  power,  and  also  the  special 
provision  lor  pardon  and  amnesty  contained  in  this  act. 

It  is  also  provided  that  the  slaves  of  persons  convicted 
under  these  sections  shall  be  free.  I  think  there  is  an  un 
fortunate  form  of  expression,  rather  than  a  substantial  ob 
jection,  in  this.  It  is  startling  to  say  that  Congress  can  free 
a  slave  within  a  State,  and  yet  if  it  were  said  the  ownershi, 
of  the  slave  had  first  been  transferred  to  the  nation,  ami 
Congress  had  then  liberated  him,  the  difficulty  would  at 
once  vanish.  And  this  is  the  real  case.  The  traitor  against 
the  General  Government  forfeits  his  slave  at  least  as  justly 


:i08 


CONFISCATION. 


as  he  does  any  other  property ;  and  he  forfeits  both  to  the 
Governmen  t  against  which  he  offends.  The  Government,  so 
far  as  there  can  be  ownership,  thus  owns  the  forfeited  slaves, 
and  the  question  for  Congress  in  regard  to  them  is,  "  shall 
they  bo  made  free  or  sold  to  new  masters?"  I  perceive  no 
objection  to  Congress  deciding  in  advance  that  they  shall 
bo  free,  lo  the  high  honor  of  Kentucky,  as  I  am  informed, 
ehe  is  the  owner  of  some  slaves  by  cxcheat,  arid  has  sold  none, 
but  liberated  all.  I  hope  the  same  is  true  of  some  other 
States.  Indeed,  I  do  not  believe  it  will  be  physically  possible 
for  the  General  Government  to  return  persons  so  circum 
stanced  to  actual  slavery.  I  believe  there  would  be  physical 
resistance  to  it,  which  could  neither  bo  turned  aside  by  ar 
gument  nor  driven  away  by  force.  In  this  view  I  have  no 
objection  to  this  feature  of  the  bill.  Another  matter  in 
volved  in  these  two  sections  and  running  through  other 
parts  of  the  act  will  be  noticed  hereafter. 

I  perceive  no  objections  to  the  third  and  fourth  sec 
tions. 

So  far  as  I  wish  to  notice  the  fifth  and  sixth  sections,  they 
may  be  considered  together.  That  the  enforcement  of  these 
sections  would  do  no  injustice  to  the  persons  embraced 
within  them  is  clear.  That  those  who  make  a  causeless  war 
should  be  compelled  to  pay  the  cost  of  it  is  too  obviously 
just  to  bo  called  in  question.  To  give  governmental  protec 
tion  to  the  property  of  persons  who  have  abandoned  it  and 
gone  on  a  crusade  to  overthrow  that  same  Government  is 
absurd,  if  considered  in  the  mere  light  of  justice.  The  se 
verest  justice  may  not  always  be  the  best  policy.  The  prin 
ciple  of  seizing  and  appropriating  the  property  of  the  person 
embraced  within  these  sections  is  certainly  not  very  objec 
tionable,  but  a  justly  discriminating  application  of  it  would 
be  very  difficult,  and,  to  a  great  extent  impossible.  And 
•would  it  not  be  wise  to  place  a  power  of  remission  some 
where,  so  that  these  persons  may  know  they  have  something 
to  lose  by  persisting  and  something  to  gain  by  desisting?  I 
am  not  sure  whether  such  power  of  remission  is  or  is  not 
within  section  thirteen.  Without  any  special  act  of  Con 
gress,  I  think  our  military  commanders,  when,  in  military 
phrase,  "they  are  within  the  enemy's  country,"  should,  in 
an  orderly  manner,  seize  and  use  whatever  of  real  or  per 
sonal  property  may  bo  necessary  or  convenient  for  their 
commands;  at  the  banie  time  preserving,  in  some  way,  the 
evidence  of  what  they  do. 

What  I  have  said  in  regard  to  slaves  while  commenting 
on  the  first  and  second  sections  is  appplicable  to  the  ninth, 
with  the  difference  that  no  provision  is  made  in  the  whole 
act  for  determining  whether  a  particular  individual  slave 
does  or  does  not  fall  within  the  classes  defined  in  that  sec 
tion,  lie  is  to  be  free  upon  certain  conditions ;  but  whether 
those  conditions  do  or  do  not  pertain  to  him,  no  mode  of 
ascertaining  is  provided.  This  could  be  easily  supplied. 

To  the  tenth  section  I  make  no  objection.  The  oath 
therein  required  seems  to  be  proper,  and  the  remainder  of 
the  section  is  substantially  identical  with  a  law  already 
existing. 

The  eleventh  section  simply  assumes  to  confer  discre 
tionary  power  upon  the  Executive.  Without  the  law,  I 
have  no  hesitation  to  go  as  far  in  the  direction  indicated  as 
I  may  at  any  time  deem  expedient.  And  I  am  ready  to  say 
now,  I  think  it  is  proper  for  our  military  commanders  to 
«mploy,  as  laborers,  as  many  persons  of  African  descent  as 
jan  be  used  to  advantage. 

The  twelfth  and  thirteenth  sections  are  something  better 
than  objectionable;  and  the  fourteenth  is  entirely  proper, 
if  all  other  parts  of  the  act  shall  stand. 

That  to  which  I  chiefly  object  pervades  most  part  of  the 
act,  but  more  distinctly  appears  in  the  first,  second,  seventh, 
and  eighth  sections,  it  is  the  sumof  those  pro  visions  which 
results  in  the  divesting  of  title  forever. 

For  the  causes  of  treason  and  ingredients  of  treason,  not 
amounting  to  the  full  crime,  it  declares  forfeiture  extending 
beyond  the  lives  of  the  guilty  parties ;  whereas  tho  Consti 
tution  of  the  United  States  declares  that  "  no  attainder  of 
treason  shall  work  corruption  of  blood,  or  forfeiture  except 
during  the  life  of  the  person  attainted."  True,  there  is  to 
bo  no  formal  attainder  in  this  case ;  still,  I  think  the  greater 
punishment  cannot  be  constitutionally  inflicted,  in  a  differ 
ent  form,  for  tho  same  offence. 

With  great  respect  I  am  constrained  to  say  I  think  this 
feature  of  the,  act  is  unconstitutional.  It  would  not  be 
difficult  to  modify  it. 

I  may  remark  that  the  provision  of  the  Constitution,  pul 

in  language  borrowed  frdfa  Great  Britain,  applies  only  in 

this  country,  as  I  understand,  to  real  or  landed  estate. 

Again,  this  act,  in  rcm,  forfeits  property  for  the  ingredi 

^s  of  treason  without  a  conviction  of  the  supposed  crim- 

ial,  or  a  personal  hearing  given'  him  in  any  proceeding 

.3,ihatwe  may  not  touch  property  lying  within  our  reach 

11  because  we  cannot  give  personal  notice  to  an  owner  who 

is  absent  endeavoring  to  destroy  tho  Government  is  cer 

tainly  satisfactory.    Still,  the  owner  may  not  be  thus  en 

gaged;  and  I  think  a  reasonable  time  should  be  providec 

for  such  parties  to  appear  and  have  personal  hearings.   Sim 


ilar  provisions  are  not  uncommon  in  connection  with  pro- 
eedings  in  rem. 

For  tho  reasons  stated,  I  return  the  bill  to  the  House  in 
which  it  originated. 

Other  Proceedings. 
IN  HOUSE. 

1862,  May  14 — The  Select  Committee  consist- 
ng  of  Messrs.  Eliot  of  Mass.,  Sedgwick  of  New 
oi'k,  Noell  of  Missouri,  Hutchins  of  Ohio,  Mal 
ory  of  Kentucky,  Beaman  of  Michigan,  and 
3obb  of  New  Jersey,  reported  t\vo  bills — one  '*to- 
confiscate  the  property  of  icbels  for  the  pay 
ment  of  the  expenses  of  the  present  rebellion, 
and  lor  other  purposes;"  and  the  other  "to 
free  from  servitude  the  slaves  of  rebels  engaged 
n  or  abetting  the  existing  rebellion  against  the 
jrovernment  of  the  United  States." 

The  former  bill  was  first  considered.  It 
provided  "  that  all  the  estate  and  property, 
money,  stocks,  credits,  and  effects  of  the  persons 
hereafter  named  in  this  section,  are  hereby 
forfeited  to  the  Government  of  the  United  States, 
and  are  declared  lawful  subjects  of  seizure  and 
of  prize  and  capture  wherever  found,  for  the  in 
demnity  of  the  United  States  against  the  ex 
penses  of  suppressing  the  present  rebellion." 

The  classes  are  substantially  as  stated  in  the 
act,  and  the  provisions  of  the  bill  are,  in  large 
part,  those  of  the  act. 

Pending  its  consideration, 

May  26 — Mr.  ROSCOE  CONKLINO  moved  the 
addition  of  the  proviso  to  the  fifth  clause  of 
the  fifth  section,  which  was  agreed  to — yeas 
100,  nays  50 — as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt,  Ba 
ker,  Baxter,  Beaman,  Francis  P.  Blair,  Jacob  B.  Blair,  Samuel 
S.  Blair,  Blake,  William  G.  Brown,  Buffinton,  Campbell, 
Chamberlain,  Clark,  Clements,  Coltax,  Frederick  A .  Conlding, 
Roscoe  Conkling,  Cutler,  Davis,  Dawes,  Delano,  Duell,  Dunn, 
Edgerton,  Iklwards,  Eliot,  Ely,  Feiiton,  Fessenden,  Fish'  r 
Frank,  Gooch,  Goodwin,  Granger,  Gurley,  Ilanchctt,  Ilai  »• 
son,  llickman,  Hooper,  Ilorton,  Hutchins,  Julian.  Kell<  y, 
Francis  W.  Kellogg,  William  Kellogg,  Killinger,  Lansi  ig, 
Looinis,  Lovejoy,  Me  Knight,  McPherson,  Mitchell,  M<or- 
head.  Anson  P/Morrill,  Justin  S.  Merrill, Nixon,  Ncell,  Olio, 
Pation,  Timothy  G.  Phelps,  Pike,  Pomeroy,  Porter,  Polter, 
Price,  Alexander  II.  Rice,  John  II.  Rice,  Riddle,  Edward  II. 
Rollins,  Sargent,  Sedgwick,  Shanks,  Mtcflicht,  Sloan,  /rm'tft, 
Spaulding,  Stevens,  Stratton,  Benjamin  F.  Thomas,  F  ancift 
Thomas,  Train,  Trimble,  Trowbridge,  Van  Horn,  Van  Val- 
kenburgh,  Verree,  Wall,  Wallace,  E.  P.  Walton,  Washburne, 
Wheeler,  Whaley,  Albert  S.  White,  Wilson,  Windom,  Wor 
cester— 100. 

NAYS — Messrs.  Allen,  Ancana,  Baily,  Biddle,  George  H. 
Browne,  Culvert,  Cobb,  Corning,  Cox,  Cravens,  Cri*/ic'd, 
Crittcnden,  Dunlap,  English,  Grider,  Haight,  Hall,  Harding, 
Ilolman,  Johnson,  Kerrigan,  Knapp,  Law,  Lazear,  Leary, 
Lehman,  3/allory,  Mayuard,  Mcmics,  Noble,  Norton,  Nurjen, 
Od-dl,  Fcndleton,  Perry,  John  S.  Phelps,  RicJiardson,  Rob 
inson,  James  S.  Rollins,  Shiel,  John  B.  Steele,  William  G. 
Steele,  Vallandiyham,  Voorhees,  Wadsworth,  Ward,  Webster, 
Wickliffe,  Wood,  Woodruff— 50. 

Mr.  MAYNARD  submitted  a  substitute,  defining 
the  offence  of  treason  an  \  affixing  the  penalty 
of  death  by  hanging;  "and  if  the  offender 
shall  theretofore  have  held  any  office  under 
the  Government  of  the  United  States,  of  honor 
or  profit,  whether  military,  naval,  or  civil,  he 
shall  be  adjudged  in  a  fine  at  least  equal  to  the 
proven  value  of  his  entire  estate."  It  also 
defines  misprision  of  treason,  and  affixes  the 
pu  ishment  of  confinement  at  hard  labor  for 
not  less  than  five  years  and  a  fine  equal  to  his 
or  her  em  ire  estate.  It  makes  other  offences, 
described,  high  misdemeanors,  punishable,  on 
conviction,  with  fine  not  less  than  $100,  and 


CONFISCATION. 


imprisonment  not  less  than  fifty  days.  U  pro 
vides  for  trying  persons  charged  with  the  de 
scribed  offences  upon  the  presentment  or  the 
indictment  of  a  grand  jury  in  any  of  the  cir 
cuit  or  district  courts  within  the  judicial  dis 
trict  in  which  the  crimes  shall  be  alleged  to 
have  been  committed,  or  authorizes  a  writ  of 
capias  to  the  marshals  of  the  districts,  to  be 
furnished,  on  application  to  the  President,  with 
sufficient  military  force  to  execute  the  writ. 
An  oath  is  prescribed  for  all  officials,  jurors, 
Ac.,  and  the  President  is  authorized  to  grant  an 
amnesty  to  all  offenders  within  the  act,  except 
those  who,  having  held  office  under  the  United 
States,  have  at  any  time  engaged  in  rebellion 
and  held  office. 

This  was  rejected — yeas  9,  (Messrs.  J.  B. 
Blair,  Clements,  Diven,  Fisher,  Harrison,  Hor- 
ton,  Lazear,  Maynard,  Mitchell,)  nays  140. 

Mr  MORRILL,  of  Vermont,  offered  a  substi- 
stute  whose  principal  difference  was  the  omis 
sion  of  this  the  second  section  of  the  reported 
bill: 

That  if  any  person  within  any  State  or  Territory  of  the 
United  States,  other  than  those  named  as  the  aforesaid,  after 
the  passage  of  this  act,  being  engaged  in  armed  rebellion 
against  the  Government  of  the  United  States,  or  aiding  or 
abetting  such  rebellion,  shall  not,  within  sixty  days  after 
public  warning  and  proclamation  duly  given  and  made  by 
the  President  of  the  United  States,  coase  to  aid,  countenance, 
and  abet  such  rebellion,  and  return  to  his  allegiance  to  the 
United  States,  all  the  estate  and  property,  moneys,  stocks, 
and  credits  of  such  person  are  hereby  forfeited  thereafter- 
wards  to  the  Government  of  the  United  States,  and  the 
same  are  declared  lawful  subjects  of  seizure  and  of  prize 
and  capture  wherever  found ;  and  the  President  of  the 
United  States  shall  cause  the  same  to  be  seized,  to  the  end 
tbnt  they  may  be  confiscated  and  condemned,  as  hereinafter 
provided,  to  the  use  of  the  United  States ;  and  all  sales, 
transfers,  or  conveyances,  of  any  such  property  after  the 
expiration  of  tho  said  sixty  days  from  the  date  of  such 
warning  and  proclamation  shall  be  null  and  void:  and  it 
shall  be  a  sufficient  bar  to  any  suit  brought  by  such  person 
for  the  possession  or  the  use  of  such  property,  or  any  of  it, 
to  allege  and  prove  that  he  is  one  of  the  persons  described 
in  this  section. 

And  this  addition  : 

That  every  person  guilty  of  the  acts  described  in  the  first 
(section  shall,  in  addition  to  the  forfeitures,  be  incapable  of 
voting  for  President  or  Vice  President,  and  not  be  an  elector 
of  the  United  States,  and  disqualified  from  holding  the 
office  of  President  or  Vice  President,  or  holding  any  office 
by  appointment  from  tho  President. 

The  substitute  was  rejected — yeas  25,  nays 
122.  The  YEAS  were: 

Messrs.  Baxter,  Jacob  B.  Blair,  W.  G.  Brown,  Roscoe  Conk- 
ling,  Diven,  Dunn,  Fisher,  Goodwin,  H< tight,  William  Kel 
logg,  Killinger,  McKnight,  McPherson,  Maynard,  Mitchell, 
Moorhcad,  .Justin  S.Morrill.  Nixon,  Timothy  G.  Phelps,  Por 
ter,  SItejJic(d,Strntton, Trimble,  E.P.  Walton,  Worcester— 123. 

The  bill  reported  by  the  committee  was  then 
passed— yeas  82,  nays  G8,  as  follows : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt 
Baker,  Baxter,  Beainan,  Francis  P.  Blair,  Samuel  S.  Blair, 
Blake,  William  G.  Brown,  Buffinton,  Campbell,  Chamber 
lain,  Clark,  Colfax,  Frederick  A.  Conkling,  Roscoe  Conkling, 
Cntler,  Davis,  Dnell,  Dunn,  Edgerton,  Edwards,  Eliot,  Ely 
Fenton,  Fessendon,  Frank,  Gooch,  Goodwin,  Gurley  Hick- 
man,  Hooper,  Ilutchins,  Julian,  Kolley,  Francis  W.  Keiiogg, 
William  Kellogg,  Killinger,  Lansing,  Loomis,  Love  joy' 
McKnight,  McPhenon,  Mitchell,  Moorhead,  Anson  P.  Mor- 
rill,  Justin  S.  Morrill,  Noe.llt  Olin,  Patton,  Pike,  Pomerov 
Porter,  Potti-r,  John  II.  Kice,  Uiddk-,  Edward  II.  Rollins' 
Sargent,  Sedgtrlck,  Shanks,  Sloan,  Spanieling,  Stevens, 
btratton,  Trimble,  Trowbridge,  Van  Horn,  Van  Valken- 
burgh,  Verree,  Wall,  Wallace,  E.  P.  Walton,  Washburne 
Wheeler,  Whaley,  Albert  S.  White,  Wilson,  Wiudom 
W  orcester — 82. 

NAYS— Messrs.  Allen,  Ancrma,  Baily,  Jiiddle,  Jacob  B. 
Blair,  Geatrfft  H.  Brmane,  Calvcrt,  Clements,  Cobb,  Corninfi 
Cox,  Cravens,  Crisjldd,  Crilfenden,  Dawes,  Delano,  Diven 
Dunlap,  English,  Fisher,  Granger,  Grider,  Haight,  Hall, 


Harding,  Harrison.  Holman,  Horton,  Johnson,  Kerrigan, 
Knapp,  Law,  Lazear,  Leary,  Lehman,  Mallory,  Maynard, 
Msnzies,  Nixon,  Noble,  Norton,  Nut/en,  Odtll,  Pendleton, 
Perry,  John  S.  Phelps,  Price,  Alexander  H.  Rice,  Ridiard- 
son,  Robinxon,  Jam**  S.  Rollins,  Segar,  Sheljidd,  Shic',  Smith, 
John  B.  Stedc,  William  G.  Steele,  Benjamin  F.  Thomas, 
Francis  Thomas,  Train,  Vallandfgham,  Voorhees,  Wadsworth, 
Ward,  Webster,  Wickliffe,  Wood,  Woodruff— OS. 

AN  EMANCIPATION  BILL. 

May  14 — The  Select  Committee  reported  this 
bill: 

That  if  any  person  within  any  State  or  Territory  of  the 
United  States  shall,  after  the  passage  of  this  act,  wilfully 
engage  in  armed  rebellion  against  the  Government  of  the 
United  States,  or  shall  wilfully  aid  or  abet  such  rebellion, 
or  adhere  to  those  engaged  in  such  rebellion,  giving  them 
aid  and  comfort,  every  such  person  shall  thereby  forfeit  all 
claim  to  tho  service  or  labor  of  any  persons,  commonly 
known  as  slaves ;  and  all  such  slaves  are  hereby  declared 
free  and  forever  discharged  from  such  servitude,  anything 
in  the  laws  of  the  United  States  or  of  any  State  to  the  con- 
traiy  notwithstanding.  And  whenever  thereafter  any  per 
son  claiming  the  labor  or  service  of  any  such  slave  shall 
seek  to  enforce  his  claim,  it  shall  be  a  sufficient  defence 
thereto  that  the  claimant  was  engaged  in  the  said  rebellion, 
or  aided  or  abetted  the  same,  contrary  to  the  provisions  of 
this  act. 

That  whenever  any  person  claiming  to  be  entitled  to  the 
service  or  labor  of  any  other  person  shall  seek  to  enforce 
such  claim,  he  shall,  in  the  first  instance,  and  before  any 
order  shall  be  made  for  the  surrender  of  the  person  whose 
service  or  labor  is  claimed,  establish  not  only  his  claim  to 
such  service  or  labor,  but  also  that  such  claimant  has  not 
in  any  way  aided,  assisted,  or  countenanced  the  existing 
rebellion  against  the  Government  of  the  United  States. 

May  26,  pending  its  consideration, 
Mr.  FRANCIS  P.  BLAIR  Jr.,  offered  an  amend 
ment,  to  add  to  the  bill  sections  providing  for 
the  appointment  by  the  President  of  commis 
sioners  for  each  slave  States,  to  make  lists  of 
the  names  of  slaves  held  by  persons  described 
in  the  first  section,  to  be  reported  to  the  district 
court  of  the  United  States,  of  the  proper  dis 
trict.  If  the  slaves  are  not  claimed  by  any  one, 
they  will  be  declared  free  by  the  court;  if  they 
are  claimed,  the  claimant  must  prove  that  he 
has  not  been  engaged  in,  nor  aided  and  abetted 
the  rebellion,  nor  given  aid  and  comfort  to  those 
engaged;  or  if  engaged  under  compulsion  this 
must  be  proved.  In  failure  of  proof,  the  slaves 
shall  be  declared  free,  and  be  given  a  certifi 
cate  of  freedom,  and  to  be  employed  under  the 
direction  of  the  commissioners,  in  cultivating 
lands  belonging  to  the  United  States,  or  other 
useful  labor,  and  may  be  employed  by  the  com 
manding  officers  of  the  army,  with  the  consent 
of  the  commissioners,  as  may  be  agreed  upon. 
Commissioners  authorized  to  bind  them  as  ap 
prentices  to  loyal  proprietors  of  lands  or  me 
chanics,  for  not  over  five  years  wh'  re  the  slaves 
are  over  twenty-one,  and  if  under,  not  to  extend 
beyond  their  twenty-fifth  year.  The  President 
was  authorized  to  purchase  lands  in  Mexico, 
Central  or  South  America,  or  islands  in  the  Gulf 
of  Mexico,  to  be  removed  with  their  own  con 
sent,  they  to  receive  not  exceeding  fifty  acres 
to  an  individual,  or  eighty  to  the  head  of  a 
family,  and  be  guaranteed  the  civil  and  political 
rights  secured  to  all  other  citizens  in  said  coun 
tries — the  proceeds  of  confiscation  and  the  earn 
ings  of  those  liberated  persons  to  be  applied  to 
the  payment  of  those  expenses. 

This  was  rejected— yeas  52,  nays  95,  as  fol 
lows  : 

YEAS— Messrs.  Aldrich,  Arnold,  Baker,  Baxter,  FrancisP. 
Blair,  Cnmpbell,  Clements,  Coifux,  Roscoe  Conlding,  Dawes, 
Delano,  Diven,  Dunn.  Edgerton,  Edwards,  Fenton,  Fisher, 
Frank,  Gooch,  Goodwin,  Gurley,  Kellev,  Killinger,  Me- 


200 


CONFISCATION. 


Knight,  McVhersun.  Maynard,  Moorhead,  Anson  P.  Morrill, 
Ju«tin  S.  Mori  ill,  Nixon,  Olin,  Patton.  Timothy  G.  I'helps, 
Pike,  i'omcroy,  Porter,  Alexander  H.  Rice,  Riddle,  E  Iward 
H.  Rollins.  James  S.  Rollins,  ?hauks,  Stratton,  Train.  Trim 
ble  Verree,  Wallace,  E.  P.  Wi.lton,  Washburue,  Wheeler, 
Wlialey,  Albert  8.  White.  Worcester— 52. 

NATS— Messrs.  Allen,  Alloy,  -Ancona,  Ashley,  Babbitt, 
Bit-fly,  Beaman,  Biddle,  Jacob  B.  Blair,  Samuel  S.  Blair, 
BI.-Lice.  George  H.  Browne,  William  O.  Brown,  Buffiiiton, 
advert, Chamberlain, dark,  C'obb.  Frederick  A.  Coukling, 
Coming,  Cox,  Cravens,  Crisfidd,  Crittni'Jen,  Cutler,  D»vis 
Dnell,  Dunliip,  Eliot,  English,  Fessenden,  Granger,  Grider, 
Haigld,  Hall,  llanchett.  Hard  ing,  Harrison .  Ilickman,  Hoi- 
man,  Hooper,  Htrrton,  IIutchinB,  Johnson,  Julian,  Francis 
W.  Kellogg,  William  Kellogg,  Kerrigan,  Knapp,  Lansing, 
Law,  Lazear,  Leary.  Lehman,  Lovejoy,  Mallory,  NoKe,  Noel  I, 
Norton,  Nugcn,  Odell,  Pendlelcm,  Perry,  John  S.  Pitelps, 
Potter,  Price,  John  II.  Rice.  Richardson,  Robinson,  Sargent, 
Sedgwirk,  Segar,  Sheffield,  Kind,  Sloan.  Spaufdlnc,  John  B. 
Steele,  William  G.  Steele,  Stevens,  Benjamin  F.  Thomas, 
Francis  Thomas,  Trowbridge.  Va'Jandiyham,  Van  Horn, 
Van  Valkenburgh,  Vooritees,  Wadswortli,  Wall,  Ward,  Web 
ster,  Wicklijfe,  Wilson,  Windorn^  Wood,  Woodruff— -95. 
Mr  SEDGWICK'S  substitute,  ns  follows  : 
And  whereas  the  several  States  of  Virginia,  North  Caro 
lina,  South  Carolina,  Georgia,  Tennessee,  Alabama,  Missis 
sippi,  Louisiana,  Florida,  Texas,  and  Arkansas,  wickedly 
and  unlawfully  combining  under  the  title  of  the  Confederate 
States  of  America,  have,  together,  made  war  upon  and  re 
belled  against  the  Government  of  the  United  States,  and 
continue  in  such  state  of  war  and  rebellion :  Therefore, 

SEC.  3.  Be  it  further  enacted,  That  every  commanding 
military  or  naval  officer  whose  military  district  shall  em 
brace  any  portion  of  the  above-named  States  may,  and  it 
shall  be  his  duty,  by  proclamation  or  otherwise,  to  invite 
all  loyal  persons  to  come  within  his  lines  and  lie  enrolled 
in  the  service  of  the  United  States;  and  it  sliall  be  his  duty 
to  enroll  every  such  loyal  person  and  to  employ  such  of 
them  as  may  be  necessary  iu  the  service  of  the  United 
States,  and  no  person  so  enrolled  and  declaring  his  loyalty 
to  the  United  States  shall  ever  thereafter  be  hold  to  invol 
untary  service  or  labor,  (excepting  as  a  punishment  for 
crime,)  any  law  or  regulation  of  any  State  to  the  contrary 
notwithstanding :  Provided,  That  if  thn  slaves  of  any  per 
son  or  persons  who  have  been  and  continued  loyal  to  the 
Government  of  the  United  States  ?hall  be  made  live  by  the 
operation  of  this  section,  such  loyal  citizen  or  citizens  shall 
bo  entitled  to  jtist  and  reasonable  compensation  for  his 
claim  to  the  service  or  labor  of  such  slave :  And  procuM 
furl'tcr.  That  if  the  slaves  of  any  person  or  persons  who  are 
minors  or  married  women  shall  be  made  free  by  the  opera 
tion  of  this  section,  they  shall  also  be  entitled  to  just  and 
reasonable  compensation  for  their  claim  to  the  service  or 
labor  of  such  slaves. 

Was  rejected — yeas  33.  nays  116,  as  follows: 
YEAS— Messrs.  Aldrich,  Babbitt,  Baker,  Beaman,  Samuel 
S.  Blair,  Blake,  Buffinton.  (-lark,  Davis,  Duell,  Edgerton, 
Eliot.  Fcssondeu,  Frank,  llickiuan,  Hutchins,  Julian,  Fn«n- 
cis  W.  Kellogg,  Lansing,  I.ovejoy,  Alison  P.  Morrill,  Pike, 
Potter,  John  H.  Rice,  Riddle, Edward  H.  Rollins,  Sedgwick, 
Sloan,  Trowbridge,  Van  Valkonburgh,  E.  P.  Walton,  Wilson, 
Wimlom— 33. 

NAYS— Messrs.  Alten,  Anemia,  Arnold,  Ashley,  B'til;/,  Bax 
ter,  Biddle,  Francis  P.  Blair,  Jacob  B.  Blair,  Geory.  IF. 
Browne,  William  G.  Brown,  (.Wwt,  Campbell,  Chamberlain, 
Clements,  Cohb,  Colfax.  Frederick  A.  Conkling,  Roscoe  Conk- 
ling,  Corning,  Cox,  Crarma,  Crisfield,  Crittenckn,  Cutler, 
Dawee,  Delano.  Diven,  Dtudap,  Dunn.  Edwards,  Ely,  Eny- 
Kn/>,  Fenton,  Fisher,  Gooch,  Goodwin,  Granger,  GW<fcr,Gur- 
ley,  tlaight,  Hall,  Hanchett,  Harding,  Harrison,  Ifolnutn, 
Horton,  Jolmsmi,  Kelley,  William  Kellogg,  Kerrigan,  Kil- 
linger,  Knapp,  Law,  L?t:e(ti;  Leary,  L"hman,  McKnight, 
McPhorson,  Mallonj,  Maynard,  M>-n:n>s,  Mitchell,  Moorhead, 
Justin  S.  Morrill,  Nixon,  .Y«<V/.  ,\V  7,  \<>H<,n,  .\i'!/ni.  (>d>-H. 
Olin,  Patt 
Phelps 
ardsim, 
Sheffield 

£tteJ>l<;  .Stevens,  Strattoii,  Benjamin  F.  Thomas,  Francis 
Thomas,  Train,  Trimble,  Tdllandigham,  Van  Horn,  \erree, 
Votn-Jif.es  Wadsworth,  Wall,  Wallace,  Ward,  Washburue, 
Webster,  Wherler,  Whaley,  Albert  S.  White,  Wickliffe,  Woixl, 
Woodruff,  Wore  ester— 11«. 

Mr.  E.  P.  WALTON'S  substitute  provides: 
SEC.  1.  That  every  person  who  shall  hereafter  commit 
treason,  shall  sutler  death,  and  all  his  slaves  made  free:  or  be 
imprisoned  not  less  than  five  years,  and  lined  not  less  than 
$10,000,  and  all  his  slaves  made  free;  said  fine  shall  be  levied 
on  property  excluding  slaves. 

SF.C.   2.    That  it    any  person   shall   engage  in   rebellion 
•gainst  the  United  States,  or  give  aid  and  comlort  thereto, 


shall  be  punished  by  the  forfeiture  of  his  personal  property, 
including  chosen  in  action,  and  his  life  estate  in  any  real 
property  within  the  United  States,  and  by  the  liberation  of 
his  slaves. 

SEC.  3.  That  every  such  person  described  disqualified  to 
hold  any  office  under  the  Government. 

SEC.  4.  This  act  shall  not  be  construed  as  to  affect  prose 
cution  or  conviction  of  persons  guilty  of  treason  before  the 
passage  of  this  act,  unless  convicted  under  it. 

SEC.  5.  The  duty  of  tho  President,  by  his  marshals  or 
other  officers,  to  seize  and  sequester  property  of  every  kind, 
of  pennons  engaged  in  rebellion  and  especially  of  officers  of 
the  rebel  army  and  navy,  and  of  the  President  and  other 
officers,  military,  naval,  or  civil,  of  persons  formerly  hold 
ing  office  under  tho  United  States  and  taking  up  arms,  or 
give  aid  and  comfort  to  the  rebellion,  or  pi  raons  owning 
property  in  loyal  portions  of  tho  country  hereafter  engaged 
in  the  rebellion ;  to  hold  and  possess  such  property  until 
appearance  and  trial  of  the  offender.  No  slave  to  he 
seized  under  this  act,  but  tho  United  States  to  have  a  lion 
on  all  slaves  of  the  persons  described  to  answer  such  order 
as  may  be  madu  touching  their  liberation,  and  no  sale  of 
any  force  made  al'ter  the  commission  of  the  offence. 

SKC.  6.  That  the  property  eo  seized  and  sequestered  shall 
be  held  or  rented  until  the  owners  can  be  proceeded 
against,  and  if  convicted,  said  property  shall  be  forfeited 
and  all  perishable  property  may  be  sold  and  proceeds  paid 
into  the  Treasury,  and  ii'  owner  discharged  011  trial  shall  he 
returned  to  said  owner. 

SEC.  7.  That  if  the  owner  of  any  property  seized  shall 
flee  from  justice,  and  cannot  be  brought  to  trial,  an  order 
shall  be  made  by  the  court  requiring  such  person  to  appear 
at  a  certain  time,  and  if  he  do  not,  all  his  estate  shall  b« 
forfeited,  and  the  liberation  of  his  slaves,  and  himself  and 
heirs  forever  barred  from  recovery  thereof. 

SEC.  8.  That  the  President  of  the  United  States,  when  he 
deems  it  necessary  that  any  personal  property  seized  by  the 
army  and  navy,  and  belonging  to  a  person  hereafter  en 
gaged  iu  the  rebellion  or  given  aid  and  comfort  th-reto 
should  be  confiscated,  may  cause  proceedings  in  rem  against 
such  property,  and  if  found  to  belong  to  a  person  engaged 
in  tho  rebellion,  said  property  shall  be  forfeited. 

SEC.  9.  President  may  by  proclamation  command  insur 
gents  to  lay  down  their  arms  within  sixty  days,  and  if  they 
do  not,  their  property  shall  be  confiscated  and  slaves  freed. 

Si:c.  10.  That  no  person  discharged  from  labor  under  thia 
act,  nor  the  descendants  of  any  one,  shall  ever  be  reduced 
to  involuntary  servitude,  (except  at*  a  punishment  for  cri.ne,) 
and  entitled  to  be  discharged  on  habeas  corpus. 

SEC.  11.  That  whenever  any  person  shall  be  discharged 
from  service  or  labor  owing  to  another,  the  court  shall  give 
such  person  a  certificate  of  discharge,  under  seal  of  tho 
court,  and  conclusive  evidence  of  hia  freedom,  and  if  there 
after  seized,  shall  be  discharged  on  habeas  corpus,  and  if  tho 
person  so  holding  the  freed  man  shall  be  convicted,  he  shall 
bo  punished  with  imprisonment  for  not  less  than  one  year 
or  more  than  five  years. 

SEC.  12.  That  no  slave  escaping  from  one  State  or  terri 
tory  to  another  shall  be  delivered  up,  (except  for  crime,) 
unless  the  owner  make  oath  that  he  has  not  been  engaged 
in  the  rebellion  of  aided  and  abetted  it;  and  no  person  in 
the  military  or  naval  service  of  tho  country  shall  assume  to 
pass  on  the  validity  of  any  claim  of  one  person  to  the  ser 
vices  of  another. 

Src.  13.  That  the  President  is  authorized  to  employ 
negroes  for  the  suppression  of  rebellion  and  treason,  and 
organize  and  use  them  as  he  may  deem  proper. 

SEC.  14.  And  is  also  authorized  to  make  provision  for  tha 
colonization  of  negroes  made  free  by  this  act  as  may  l>e 
willing  to  emigrate,  and  obtain  the  consent  of  the  Gov 
ernment  of  tho  said  country  to  their  protection  and  settle 
ment  within  the  same,  with  all  the  rights  and  privileges  of 
freemen. 

SEC.  15.  And  is  also  authorized  to  extend  pardon  and 
amnesty  to  those  engaged  in  the  rebellion. 

SEC.  16.  That  tho  courts  shall  have  full  power  to  carry 
this  act  into  effect. 

Which  was  rejected— yeas  29,  nays  121.  The 
YEAS  were 

Messrs.  Baxter,  Francis  P.  Blair,  Dawes,  Delano,  Dunn, 
Fisher,  Frank,  Gooch,  Goodwin,  Granger,  Killinger,  Mc- 
Knight,  Maynard,  Mitchell,  Moorhead,  Justin  S.  Morrill, 
Nixon,  Olin,' Patton,  Timothy  G.  Phelps,  Porier,  Alexander 
II.  Rico,  Siu[iiiM,  Stratton,  Train,  Trimble,  Verree,  E.  P. 
Walton,  Worcester. 

Mr.  MORRILL,  of  Vermont,  offered  a  substi 
tute  providing 

SEC.  2.  That  the  President  shall  appoint  commissioners 
for  each  State  by  whose  laws  persons  are  held  to  service, 
who  shall  make  a"  list  of  the  names  of  slaves  and  their  owners 
and  return  it  to  the  district  where  the  slave  resides;  which 


CONFISCATION. 


201 


list  shall  be  published,  requiring  all  persons  to  appear  and  ;  incapable  of  holding  or  exercising  any  office  of 
show  cause  why  certain  persons  held  to  labor  should  not  be     h  t        fc  fifc   und       t}      Government  of 

discharged  ;  and  on  failure  ot  such  persons  to  appear,  their  ' .  ' 

the  United  States;   which  was  agreed  to — yeas 


slaves  shall  be  declared  free,  and  on  appearance  the  claim 

ant  shall  file  an  affidavit  that  he  has  not  been  engaged  in     84,  nays  GG,  as  follows  : 

rebellion,  or  aided  and  abetted  it,  or  if  engaged  under  com-  ' 

pulsion  must  show  it,  and  if  proved  tluvt  he  was  not  engaged 

in  rebellion  his  slaves  shall  be  returned  to  him ;  but  on  fail 


ure  QI  such  proof,  or  on  the  failure  or  refusal  to  take  the 
foregoing  affidavit  to  provo  the  compulsion  when  alleged  as 
an  excuse,  the  court  shall  declare  the  person  so  claimed  as 
free,  and  grant  him  a  certificate  of  the  same  under  seal,  and 
ahall  be  conclusive  evidence  of  his  freedom.  And  all  per 
sons  so  declared  free,  if  seized,  shall  be  forthwith  discharged 
on  hubeatt  corpus ;  and  the  court,  acting  on  said  writ,  shall 
commit  for  trial  for  kidnapping  the  person  so  holding  the 
freed  man,  and  on  conviction  imprisoned  for  not  less  than 
one  or  mere  than  five  years,  and  any  one  swearing  falsely 
shall  be  guilty  of  perjury. 

SEC.  o.  That  if  any  person  held  to  labor  by  one  engaged 
in  rebellion,  if  omitted  from  the  commissioner's  list  may,  on 
summary  application  to  the  district  court,  be  placed  on  the 
list,  and  to  be  treated  in  every  way  the  same  as  if  his  name 
had  been  placed  on  the  list  by  the  commissioner. 

Commissioners  shall  have  ample  time  to  complete  their 
lists. 

SEC.  4.  That  no  such  person  or  his  descendants  shall  ever 
again  be  reduced  to  involuntary  servitude,  and  every  such 
person  shall  i/e  entitled  to  discharge  from  such  service  on 
habeas  corpus. 

Which  was  rejected — yeas  16,  nays  126.  The 
YEAS  were — 

Messrs.  Roscoe  Conkling,  Dunn,  Frank,  Goodwin,  Kill- 
iuger,  Loomis,  McKnight,  Justin  S.  Morrill,  Nixon,  Olin, 
Patton,  Timothy  G.  Pheips,  Porter,  Stratton,  E.  P.  Walton, 
Worcester— 16. 

The  original  bill  reported  from  the  commit 
tee  was  then  negatived — yeas  74,  nays  78  ;  as 


YEAS— Messrs.  Aldrich,  Alley,  Arnold.  Ashloy,  Babbitt, 
Baker,  Baxter,  Beaman,  Bingham,  Francis  P.  Bluir,  Blake, 


YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Bak-'r,  Baxter,  Beaman,  Francis  P.  Blair,  Samuel  S.  Blair, 
Bloke,  Buffinton,  Campbell,  Chamberlain,  Clark,  Colfax, 


Buftintoi',  Burnharn,  Chamberlain,  Clark,  Colfax,  Federick 
A.  Conkling,  RoscoeCo-ikling,  Covode,  Davis,  Dawes.  Duel!, 
Dunn,  Edgertcn.  Edwards,  Ely,  Fessenden.  Fisher,  Fran- 
chof,  Frank,  Gooch,  Goodwin,  Gurley,  Hale,  Hanebetr, 
Ilickman,  Hooper,  Hutchins,  Julian,  Kelley,  Francis  W. 
Kellogg,  Killinger,  Lansing,  Loomis,  Lovejoy,  Low,  Mc 
Knight,  McPherson,  Mitchell,  Moorbeacl,  Aujton  P.  Merrill,- 
Justin  S.  Morrill,  Nixon,  Timothy  G.  Pheips,  Pike,  Poine- 
roy,  Porter,  Potter,  Alexander  II.  Rice,  John  II.  Rice,  Rid 
dle,  Edward  H.  Rollins,  Sargent,  Sedgwick,  shanks.  :•  hella- 
barger.  Sloan,  Spaulding,  Stevens,  .'tratfoii,  Train,  Trimble, 
Trowbridge,  Van  Horn,  Van  Valkcnburgh,  Verree,  Wail, 
Wallace,  E.  P.  Walton,  Washburne,  Albert  S.  White,  Wilson, 
Windom,  Worcester — 84. 

NAYS— Messrs.  W.  J.  Allen,  Ancona,  Baily,  Biddlc,  J.  B. 
Blair,  George  II.  Browne,,  William  G.  Brown,  Culvert,  I  leni 
ent*,  Cobb,  Corning,  Cox,  Cravens,  Crittenden,  Delano,  Dela- 
plaine,  Dunlap,  English,  Fouke,  Gra.  ger,  Grider,  Haight, 
Harding,  Ilarnsrn,  Holman,  Hortoii,  Johnson,  William  Kel- 
logu1,  Kerrigan,  Knapp,  Law,  Lazear,  Leary,  Lehman,  Mo.l- 
lory,  May,  Maynard,  Menzies,  Noble,  Noell,  Norton,  Nugen, 
Pcndleton,  John  S.  Pheips,  Price,  Robinson,  James  S.  Rollins. 
Segar,  Sheffield,  Shiel,  Smith,  John  B.  Steele,  William  ff. 
Steele,  Stiles,  Benjami'i  F.  Thomas,  Fnncis  Thomas.  Val- 
landigham,  Vibbard,  Voorhees,  Wadsworih,  Ward,  Webster, 
Chilton  A.  White,  Wicklife,  Woodruff,  Wright— GQ. 

June  18 — The  House  passed  a  bill  reported  in 
pursuance  of  these  instructions — yeas  82,  nays 
34.  It  was  not  considered  in  the  Senate  ;  but 
emancipation  clauses  were  inserted  in  the  con 
fiscation  bill,  and  agreed  to  by  both  Houses. 

During  the  pendency  of  another  bill  (107)  to 
forfeit  the  property  and  slaves  of  persons  who 
shall  engage  in,  or  aid  and  abet,  armed  rebel- 


Valke'nburgh,  Verree,  Wall',  Wallace,  E.'  P.  Walton,  Wash-    person  or  persons  are  hereby  declared  lawful  subjects  of 
burne,  AV  heeler,  Albert  S.  White,  Wilson,  Windom,  Wor- !  prize  and  cap 


Frederick   A.  Conkling,  Roscoe  Conkling.  Cutler,  Davis,  I  lion  against  the  United   States, 
Duell,  Edgerton    Edwards,  Eliot,  Ely  Fentou,   Fessendcn,          1862,  April  22— Mr.  BlNGHAM  offered   a  sub- 
Frank,    Gooch,  Goodwin,    Gurley,    Hanchett,    Hickmau, 
Hooper,   Hutchins,  Julian,   Kelley,  Francis  W.  Kellogg,     BUtUW 

Lansing,  Loomis,  Lovejoy,  McKuight,  McPherson,  Moor-  That  if  any  person  or  persons,  within  any  State  or  Terri- 
iK'ad,  Anson  P.  Morrill,  Justin  S.  Morrill,  Olin,  Patton,  I  tory  of  the  United  States,  shall,  after  the  taking  effect  of 
Timothy  G.  Pheips,  Pike,  Pomeroy,  Potter,  John  H.  Rice,  this  act,  engage  in  armed  rebellion  against  the  Government 
Riddle,  Edward  H.  Rollins,  Sargent,  Sedgwick,  Shanks,  of  the  United  States,  or  shall  aid  or  abet  such  rebellion,  all 
Sloan,  Spaulding,  Stevens,  Trowbridge,  Van  Horn,  Van  |  the  property,  moneys,  stocks,  credits,  and  effects  of  such 

icrsons  are  hereby  declared  lawful  subjects  of 
pture,  wherever  found,  for  the  indemnity  of  the 

cester — <4.  United  States  against  the  expenses  of  suppressing  such  re- 

NAYS— Messrs.  Allen,  Ancona,  Baily,  Biddle,  Jacob  B.    bellion;  and  it  is  hereby  made  the  duty  of  the  President  of 
Blair,  George  H  Browne,  William  G.  Brown,  Calvert,  Clem-  |  the  United  States  to  cause  all  such  property,  wherever 
ents,   Q*6,t   Cornmg,  ^Cox^  Craven*,    CriaJMd^  Crittmden,  |  found,  to  be  seized,  to  the  end  that  the  same  maybe  confis 
cated  and  condemned  as  hereinafter  provided  for  the  use  of 
the  United  States. 

SEC.  2.  That  all  property  so  captured  or  seized  shall  be 
condemned  in  the  district  courts  of  the  United  States,  and 
that  the  proceedings  of  condemnation  shall  be  in  rein,  and 
shall  be  instituted  and  prosecuted  in  the  name  of  the  United 
States  in  any  district  court  of  the  United  States  within  any 
district  in  which  the  same  may  be  seized  or  situate,  or  into 
which  the  same  may  be  taken  and  proceedings  first  insti- 


Dawes,  Delano,  Diven,  Dunlap,  Dunn,  English,  Fisher, 
Granger,  Grider,  HaigJit,  Hall,  Harding,  Harrison,  Holnian, 
Horton,  Johnson,  William  Kellogg,  Kerrigan,  Killinger, 
Knapp,  Law,  Luzear,  Leary,  Lehman,  Mallory,  Maynard, 


Menzien,  Mitchell,  Nixon,   Noble,  Noell,   Norton,  Nugen, 
erry,  John  S.  Pheips,  Porter,  Price,  Alex 


Odell,  Pendlcton,  Per 


ander  II.  Rice,  Richardson,  Robinson,  James  S.  Rollins,  Se 
gar,  Sheffield,  Shiel,  Smith,  John  B.  Steele,  William  G.  Steele, 
Stratton,  Benjamin  F.  Thomas,  Francis  Thomas,  Train, 
Trimble,  Valla  ndigham,  Voor/tees,  Wudsworth,  Ward,  Web 
ster,  Whaloy,  Wickli/e,  Wood,  Woodruff—  78. 

May  27  —  Mr.  PORTER  moved  to  reconsider 
this  vote.  A  motion  to  table  the  motion  to  re 
consider  was  lost  —  yeas  G9,  nays  73. 

June  4  —  The  motion  to  reconsider  was  agreed 
to  —  yeas  84,  nays  65  ;  and 

Mr.  PORTER  moved  that  the  bill  be  recom 
mitted  to  the  Committee  with  instructions  to 
prepare  a  substitute,  providing  that  the  slaves 
of  the  persons  included  in  the  classification  in 
the  confiscation  law,  are  declared  forever  dis 
charged  from  service  or  labor,  and  providing 
for  an  enrolment  of  them  by  commissioners, 


tuted,  and  which  proceedings  shall  conform  as  nearly  as 
may  be  to  proceedings  in  prize  cases,  or  to  cases  of  forfeit 
ure  arising  under  the  revenue  laws ;  and  in  all  cases  the 
property  so  seized  and  condemned,  whether  real  or  per 
sonal,  shall  bo  sold  pursuant  to  such  rules  as  the  Secretary 
of  the  Treasury  may  prescribe,  and  the  proceeds  deposited 
in  the  Treasury  of  the  United  States  for  the  sole  use  of  the 
United  States. 

SEC.  o.  That  th«  Attorney  General  or  any  district  attorney 
of  the  United  States  of  any  district  in  which  the  said  prop 
erty  or  effects  nuiy  at  Iho  time  be,  or  into  which  the  same 
may  bo  taken,  shall  institute  the  proceedings  of  condemna 
tion  as  hereinbefore  provided. 

Which  was  agreed  to — yeas  62,  nays  48 ;  aa 
follows  : 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baker, 
Beaman,  Bingham,  Samuel  S.  Blair,  Blake,  Buffinton,  Burn- 


aud  the  action  of  United  States  judges   as  indi-    hani, Chamberlain,  Colfax,  Frederick  A.  Conkling,  Roscoe 
oated  h,  other  amend,nents,  fo/coltn^tion  of  ?^^^,^^^^^ 

them  in  Mexico,  Central  or   South    America,  or  |  Julian,  Kelley,  Francis  W.  Kellogg,  Lansing,  Loomis,  Love- 

the  Gulf  Islands,  with  homesteads,  and  dcclar-  I J..11'.  McPher,on    Mitchell    Moorhoad    Nixon, 
ing  every  pe^ou  embraced  in  the  classification    R 


202 


CONFISCATION. 


labarger.  Stevens,  Stratton,  Trimble,  Trowbridge, Van  Horn, 
Van  Valkenburgh,  Albert  S.  White,  Wilson,  Windom,  Wor- 

N  \YS-Messrs.  Allen,  Joseph  Baily,  Baxter,  Biddle,  Francis 
P.  Blair,  Jacob  B.  Klair,  George  If.  Browne,  William  G. 
Brown,  Culvert,  Casoy,  Clements,  Cox,  Crixfteld,  Cnttni'ini, 
Divcn,  Dunlap,  Grider,  Hall,  Hardinn,  Harrison,  Hickman, 
Kcrriaan,  Knanp,  Law,  Lehman,  Mallory,  Man,  Mttltiet, 
Justin  S.  Merrill,  Morris,  Noble,  Norton,  Odell,  Olin,  James 
8.  Rollins,  Sheffield,  Smith,  John  B.  Stcefa  benjamin  F. 
Thomas,  Francis  Thomas*,  Vailandifiham,  Vibbard,  VoorhK.-a, 
E.  P.  Walton,  Ward,  ChilLon  A.  White,  Woodruff,  Wright 
—48. 

Mr.  E.  P.  WALTON  offered  a  substitute,  defin 
ing  the  crime  of  treason,  and  affixing  a  penalty 
of  death,  or  imprisonment  and  fine,  on  convic 
tion  or  confession,  and  bis  slaves  shall  be  free. 
The  President  is  authorized  to  appoint  commis 
sioners  to  sequester  and  seize  the  property,  real 
and  personal,  of  persons  bearing  arms  against 
the  United  States,  or  giving  them  aid  and  com 
fort,  and  is  also  authorized  to  grant  pardon 
and  amnesty.  These  are  the  concluding  sec 
tions  : 

S^c  6.  And  be  it  further  enacted,  That  if  any  State,  or 
part  thereof,  in  which  the  inhabitants  have  by  the  President 
been  declared  in  a  state  of  insurrection,  the  said  insurrec 
tion  shall  have  continued  for  a  period  of  six  months,  then 
:tnd  in  that  case  the  President  is  hereby  authorized,  if  in 
his  opinion  it  shall  be  necessary  to  the  successful  suppres 
sion  of  Kiiid  insurrection,  by  proclamation  to  fix  and  appoint 
a  day  when  all  persons  holden  to  service  or  labor  in  any 
such  State,  or  part  thereof  as  he  shall  declare,  whose  ser 
vice  or  labor  is  by  the  law  or  custom  of  said  State  due  to 
,"ny  person  or  persons,  who,  after  the  day  so  fixed  by  said 
proclamation,  shall  levy  war  or  participate  in  insurrection 
against  the  United  States,  or  give  aid  to  the  some,  shall  be 
free  and  discharged  from  all  such  claim  to  labor  or  service; 
and  thereupon  said  person  shall  be  forever  free  and  dis 
charged  from  said  labor  and  service,  any  law  or  custom  of 
said  St.ite  to  the  contrary  notwithstanding. 

SEC.  7.  That  whenever  any  person  claiming  to  be  entitled 
to  the  service  of  any  other  person  as  a  slave  shall  seek  to 
enforce  such  claim,  he  shall,  in  the  first  instance,  and  as 
preliminary  to  the  trial  of  such  claim,  show  satisfactorily 
that  he  and  the  person  to  whom  said  service  was  claimed  to 
be  due  during 'tho  period  of  insurrection  or  rebellion  was 
loyal  to  the  United  States. 

Which  was  rejected— yeas  33,  nays  70,  as 
follows : 

YEAS— Messrs.  Baxter,  Francis  P.  Blair,  William  G.  Brown, 
Calvert,  Casey,  Clements,  Roscoe  Conkling,  Cnttcnden,  Dun- 
lap  Dunn,  Fisher,  Goodwin.  Granger,  Gridcr,  Gurley,  Herd 
ing,  Harrison,  McKnight,  Mcl'herson,  Mallary,  Menzies, 
Mitchell,  Moorhead,  Justin  S.  Merrill,  Nixon,  Olin,  Edward 

II.  Rollins.  Januis  »V.  Hollfns.  Sheffield,  Shellabarger,  Strat 
ton,  E.  P.  Walton,  Worcester— 33. 

NATS— Messrs.  Aldrich,  Allen,  Arnold,  Ashley,  Babbitt, 
Joseph  Baily,  Baker,  Beaman,  Bid<llc,  Bingham,  Jacob  B. 

Blair  Samuel  S.  Blair,  Blake,  George  H.  Browne,  Buffinton, 
Chamberlain,  Colfax,  Frederick  A.  Conkling,  Covode,  Vox, 

Cutler,  Davis,  Duel),  Eliot,  Ely,  Fenton,  Franchot,  Frank. 

Gooch,  Hickman,  Julian,  Kelley,  Francis  W.  Kellogg,  Kcr- 

riaan,  Knapp,  Lansing,  Lau\  Loomis,  Love.joy,  May,  Morns, 

Nolle,  Noe.ll,  Odell,  Patton,  Timothy  G.  Phclps,  Pike,  Potter. 

John  II  Rice,  Riddle,  Sargent,  Shanks,  &nit!i,John  B.Nlcele. 

Benjamin  F.  Thomas,  Francis  Thomas,  Trimble,  Trowbridge 

Vallandi'iliam,  Van  1  lorn,  Van  Valkenburgh,  Voorheet,  \V  all 

Ward,  Albert  S.  White,  Chilian  A.  White,  Wilson,  Windoiu 

Woodruff,  Wright— -70. 

Mr.  PORTER  also  proposed  a  substitute,  whicl: 

was  rejected — yeas  30,  nays  72 

April  23 — The  bill  was  tabled — yeas  59,  nays 

52. 

Subsequently  a  new  bill  was  prepared  by  th( 

Select  Committee,  to  whom,  April  24,  the  whol( 

subject  was  referred. 

IN  SENATE. 

Pending  the  consideration  of  a  bill  to  conn's 
cate  the  property  and  free  the  slaves  of  rebels 

1862,  April  24 — Mr.  SHERMAN  moved  to  strik 
from  the  first  section  the  words  : 

Belonging  to  any  person  or  persons  beyond  the  jurisdi 


.on  of  the  same,  or  to  any  p»reon  or  persons  in  any  State 
r  district  within  the  United  States,  now  in  a  State  of  in- 
urrection  and  rebellion  against  tho  authority  thereof,  so- 
hat  in  either  case  tho  ordinary  process  of  law  cannot  be 
erved  upon  them,  who  shall  during  the  present  rebellion 
e  found  in  arms  against  the  United  States,  or  giving  aid 
nd  comfort  to  said  rebellion. 

And  to  insert  in  lieu  thereof  the  following : 

First.  Persons  hereafter  acting  as  officers  of  the  army  or 
lavy  of  the  rebels  now  or  hereafter  in  arms  against  the 
Jnited  States.  Second.  Persons  hereafter  acting  as  Presi- 
[ent,  Vice  President,  member  of  Congress,  judge,  foreign 
ninister,  consul,  or  commissioner  of  the  iO-Oillod  Confed- 
rato  States.  Third.  Persons  hereafter  acting  a.s  an  officer, 
vhether  civil,  military,  or  naval,  of  any  State  or  Territory 
vho  by  the  Constitution  of  the  so-called  Confederate  States 
s  required  to  take  an  oath  to  support  said  Constitution. 
Fourth.  Persons  who  having  held  an  office  of  honor,  trust, 
r  profit  under  tho  United  States,  shall  hereafter  take  up 
rms  against  the  United  States.  Fifth.  Persons  who,  own- 
ng  property  in  the  loyal  States  or  Territories,  or  the  loyal 
KH-tions  of  disloyal  States,  shall  hereafter  assist  or  give  aid. 
ind  comfort  to  the  present  rebellion. 
Mr.  KING  moved  to  amend  by  adding: 

Sixth.  Persons  in  the  present  insurrection  levying  war 
against  the  United  States  or  adhering  to  their  enemies,  giv- 
ng  them  aid  and  comfort. 

Which  was  rejected— yeas  7.  nays  32,  as  fol- 
ows  : 

YEAS— Messrs.  Chandler,  Grimes,  King,  Pomeroy,  Tram- 
rail,  Wade,  Wilkinson— 7. 

NAYS— Messrs.  Anthony,  Browning,  OarUU,  Clark,  Cuwan, 
Davis  Dixon,  Doolittle,  ,  esseudeu,  L'oot,  Foster,  Hale,  llen- 


on  of  Masaochc 

The  amendment  of  Mr.  SHE  UMAX  was  then 
agreed  to — yeas  26,  nays  11,  as  follows : 

YEAS— Messrs.    Anthony,    Browning,    Chandler,    Clark, 
Cowan,  Davis,  Dixon,  Doolittle,  Fessenden,  Foot.  Fos'.'.r, 
Grimes,  Halo,  Henderson,  Howard,  Howe-,  Lane  of  IiuKrt.ia. 
N'-xmilh.  Sherman.  Simmons.  Surnner,  Ten  Kycli,  Thomson, 
Willey,  of  Wilson  Massacuhsetts,  Wright — 26. 

NAYS— Messrs.  Carlile,  King,  L.me  of  Kansas,  Morrill, 
Pomeroy,  Siulxbury,  Stark,  Trumbull,  Wade,  Wilkinson, 
Wilson  of  Missouri— 11. 

The  bill  was  referred  to  a  select  committee, 
and  was  not  reported ;  but  this  classification 
was  introduced  into  the  confiscation  act. 

SECOND    AMENDATORY    JOINT    ABSOLUTION. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1864,  February  5— The  House  passed  this 
joint  resolution  : 

That  the  last  clause  of  a  "joint  resolution  explanatory 
of  '  \n  act  to  suppress  insurrection,  to  punish  treason  and 
rebellion,  to  seize  and  confiscate  the  property  of  rebels,  and 
for  other  purposes,' "  approved  July  17,  1802  be,  ami  the 
same  hereby  is,  so  amended  as  to  read :  "  nor  shall  any  pun- 
Hiim-nt  or 'proceeding  under  said  a-.-t  be  so  construed  as  tc 
work  a  forfeiture  of  the  estate  of  the  offender  contrary  to 
the  Constitution  of  the  United  States:  Proculfd,  lliat  no 
other  public  warning  or  proclamation  under  the  act  of  July 
17  186U,  chapter  ninety-five,  section  six,  is  or  shall  be  n 
quired  than  the  proclamation  -f  the  President  made  and 
published  by  him  on  the  25th  Jay  ot  July,  1802,  which 
proclamation  so  made  shall  be  received  and  hold  sullicR-nt 
ill  all  cases  now  pending,  or  which  may  hereafter  arisi 
under  said  act." 

By  a  vote  of  yeas  83  to  nays  76,  as  follows : 
YE \s— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashlev  John  D.  Baldwin,  Baxter,  Boaman,  Blow,  Boutwc-11, 
Boyd  '  Brando -ec,  Broomall,  Ambrose  W.  Clark,  Freeman 
Clarke  Cobb/Cole,  Crwwretf  H'-nry  Winter  Davis,  Thomas 
T  Davis,  Dawes,  Ueming,  Donnelly,  Drijw-s  Eliot  Janis- 
worth  Fenton,  Frank,  Gartield,  Gooch,  Gnnuel  .  Ilfeby, 
Hooper.  Hnh-hkiss,  Asahel  W.  Ilubbard,  John  H-Hnblun  , 
llul  mr.l,  Jciu'Ues.  Julian,  Kanson,  Kelley,  irancis  U  .  KH- 
,".,  Orlando  K,'ll,.ss,  Loan,  Li-nsry-ar.  Marv.n  McBndo, 
MrfMur"  Mrlndoe.  Samuel  F.  Milb-r.  Moovliead,  Mori.ll, 
Daniel  M'>rns.  Amos  Myers,  Leonard  Myers,  Norton  Cl.ar-s 
O'Neill  Orth  Patterson,  Perham,  Pike,  I'omeroy,  Alexander 


CONFISCATION. 


203 


H.  Rice.  John  II.  Rice,  Edward  H.  Rollins,  Scbenck,  Scofield, 
Shannon,  Sloan,  Smithers,  Spulding,  Stevens.  Thaver.  Tracy, 
Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne,  William  B. 
Washburn.  Williams,  Wilson,  Windom,  Woodbridge  —  83. 

NAYS  —  Messrs.  James  C.  Allen,  Ancona,  Baity,  Augustus 
C.  Baldwin,  Jacob  B.  Blair,  Bliss,  Brooks,  James  S.  Brown, 
William  G.  Brown,  Chanlcr,  Clay,  Coffroth,  Cox,  Cravens, 
Dawsmi,  Dmison,  Eden,  Edyerton,  Eldridye,  Finch,  Ganson, 
Grider,  Harding,  Harrington,  Benjamin  G.  Harris,  Herrick, 
Jfolman,  Hutch  ins,  William  Johnson,  Kalhjlei&ch,  Kernan, 
King,  Knapp,  Law,  Lazear,  LeBlond,  Lour/,  Mallory,  Marcy, 
McDowell,  McKinnrt/,  Middlrton,  Win.  H.  Miller,  James  It. 
Morrix  Morrison,  Nelson,  Noble,  Odell,  John  O'Neill,  Pen- 
dleton,  Prut/n,  Radford,  Samuel  J.  Randall,  William  H. 
Randall,  Robinson,  R'^ers,  James  S.  Rollins,  Ross,  Scott, 
John  B.  Stfele,  William  G.  Steele,  Stiles,  Strouse,  Stuart, 
Sweat,  Thomas,  Voorhcf,*,  Wadsworth,  Webster,  Whaley, 
Wfieeler,  Chilton  A.  White,  Joseph  W.  White,  Winfeld, 
Wood,  Yeaman  —  76. 


IN    SENATE. 

February  1  7  —  Mr.  REVERDY  JOHNSON,  from  the 
Committee  on  the  Judiciary,  reported  back  this 
joint  resolution,  without  amendment,  and  with 
a  recommendation  that  it  do  not,  pass. 

June  27  —  Pending  the  consideration  of  the 
bill  to  establish  a  bureau  of  Freedmen's  Af 
fairs. 

Mr  TROMBULL  offered  this  as  a  new  section  : 

And  be  it  further  enacted,  That  the  last  clause  of  a  joint 
resolution  explanatory  of  an  act  to  suppress  insurrection, 
to  punish  treason  and  rebellion,  to  seize  and  confiscate  the 
property  of  rebels,  and  for  other  purposes,  approved  July  17, 
1862,  be,  and  the  same  is  hereby,  repealed. 

The  words  proposed  to  be  repealed  are,  "  nor 
shall  any  punishment  or  proceedings  under  said 
act  be  so  construed  as  to  work  a  forfeiture  of 
the  real  estate  of  the  offender  beyond  his  natural 
life." 

June  28  —  This  was  agreed  to  —  yeas  23,  nays 
15,  as  follows  : 

YEAS—  Messrs.  Anthony,  Brown,  Chandler,  Conness,  Foot, 
Grimes,  Hale,  llarlan,  Harris,  Howe,  Lane  of  Indiana,  Lane 
of  Kansas,  Morgan,  Morrill,  Poiueroy,  Sherman,  Sprague, 
Sumner,  Trumbull,  Van  Winkle,  Wade,  Wilkinson,  Wilson 
—23. 

NAYS—  Messrs.  Carlile,  Clark,  Collamer,  Cowan,  Davis, 
Doolittle,  Henderson,  Hendricks,  Hicks,  McDougall,  Powell, 
Riddle,  Saulsburu,  Ten  Eyck,  \Villey—  15. 

•Same  day,  Mr.  HENDUICKS  moved  to  strike 
out  this  section  ;  which  was  disagreed  to  — 
yeas  13,  nays  16,  as  follows  : 

YEAS  —  Messrs.  Buckalew,  Carlile,  Clark,  Cowan,  Davtisi 
Doolittle,  Hendricks,  McDougall,  Powell,  Riddle,  Ten  Eyck. 
Van  Winkle,  Willey—  13. 

NAYS  —  Messrs.  Anthony,  Chandler,  Conness,  Foot,  Har- 
lan,  Howe,  Lane  of  Indiana,  Morgan,  Morrill,  Pomeroy, 
Ramsey,  Sprague,  Sumner,  Trumbull,  Wilkinson,  Wilson 
—16.  (see  page  260.) 

"  Rebel"  Sequestration. 

"  861,  August  6  —  The  il  Confederate"  Con- 
gress  passed  a  bill  "for  the  sequestration  of 
the  estates,  property,  and  effects  of  alien  ene 
mies,  and  for  the  indemnity  of  citizens  of  the 
Confederate  States,  and  persons  aiding  the  same 
in  the  existing  war  against  the  United  States," 
of  which  the  Richmond  Examiner  of  the  follow 
ing  Monday  gave  an  abstract. 

The  following  is  the  principal  legislative 
clause  : 

Be  it  enacted  by  the  Congress  of  the  Confederate  States, 
That  all  and  every  the  lands  tenements,  and  hereditaments, 
goods  and  chattels,  rights  and  credits  within  these  Confed 
erate  States,  and  every  right  and  interest  therein  held, 
owned,  possessed,  or  enjoyed  by  or  for  any  alien  enemy 
since  the  twenty-first  day  of  May,  1861,  except  such  debts 
due  to  an  alien  enemy  as  may  have  been  paid  into  the 
Treasury  of  any  one  of  the  Confederate  States  prior  to  the 
passage  of  this  law,  be  and  'the  same  are  hereby  seques 
trated  by  the  Confederate  States  of  America,  and  shall  b  <.• 


held  for  the  full  indemnity  of  any  true  and  loyal  citizen,  a 
resident  of  these  Confederate  States,  or  other  nerson  aiding 
said  Confederate  States  in  the  prosecution  of  the  present 
war  between  said  Confederate  States  and  the  United  States 
of  America,  and  for  which  he  may  suffer  any  loss  or  in 
jury  under  the  act  of  the  United  States,  or  ot  any  State- 
thereof,  authorizing  the  seizure  or  confiscation  of  the 
property  of  citizens  or  residents  of  the  Confederate  States, 
or  other  persons  aiding  said  Confederate  States,  and 
the  same  shall  be  seized  and  disposed  of  as  provided 
for  in  this  act:  Provided,  however,  When  the  estate,  prop 
erty,  or  rights  to  be  effected  by  this  act  were  or  are  within 
some  State  of  this  Confederacy,  which  has  become  such 
since  paid  twenty-first  day  of  May,  then  the  act  shall  oper 
ate  upon  and  as  to  such  estate,  property,  or  rights,  and  all 
persons  claiming  the  same  from  and  after  the  day  such 
btate  became  a  member  of  this  Confederacy,  and  not  be 
fore:  Provided  further,  That  the  provisions  of  this  act  shall 
not  extend  to  the  stocks  or  other  public  securities  of  this 
Confederate  Government,  or  of  any  of  the  States  of  this 
Confederacy,  held  or  owned  by  an  alien  enemy,  or  to  any 

i  debt,  obligation,  or  sum  duo  from  the  Confederate  Govern 
ment,  or  any  of  the  States  to  such  alien  enemy.  Andpro- 

\  vided,  also.  That  the  provisions  of  this  act  shall  not  embrace 
the  property  of  citizens  or  residents  of  either  of  the  States 
of  Delaware.  Maryland,  Kentucky,  Missouri,  or  the  District 
of  Columbia,  or  the  Territories  of  New  Mexico,  Arizona,  or 
the  Indian  Territory  south  of  Kansas,  except  such  of  said 
citizens  or  residents  as  shall  commit  actual  hostilities  against 
the  Confederate  States,  or  aid  or  abet  the  United  States  in- 
the  existing  war  against  the  Confederate  States. 

Sections  2  to  13  provide  for  the  appointment  of  receiv 
ers  in  each  county,  and  impose  a  penalty  of  $2,000  on  all 
who  may  endeavor  to  conceal  the  ownership  of  property 
belonging  to  alien  enemies.  Section  14  provides  for  the 
appointment  of  three  commissioners  to  take  charge  of  the 
sequestration  fund,  and  to  hear  and  decide  on  all  claims 
against  it. 

For  its  enforcement,  the  then  Attorney  Gen 
eral,  J.  P.  Benjamin,  issued  this  circular: 

DEPARTMENT  OF  JUSTICE, 
RICHMOND,  September  12, 1S61. 

Instructions  to  receivers  under  the  act  entitled  "  An  act  for 
the  sequestration  of  the  estates,  property,  and  effects  of 
alien  enemies,  and  for  the  indemnity  of  citizens  of  the 
Confederate  States  and  persons  aiding  the  same  in  the 
existing  war  against  the  United  States,"  approved  Au 
gust  8th,  1861. 

The  following  persons  are  subject  to  the  operation  of  the 
law  as  alien  enemies  : 

All  citizens  of  the  United  States,  except  citizens  or  resi 
dents  of  Delaware,  Maryland,  Kentucky,  or  Missouri,  or 
the  District  of  Columbia,  or  the  Territories  of  New  Mexico, 
Arizona,  or  the  Indian  territory  south  of  Kansas. 

All  persons  who  have  a  domicil  within  the  States  with 
which  this  Government  is  at  war,  no  matter  whether  they 
he  citizens  or  not :  thus  the  subjects  of  Great  Britain,  France, 
or  other  neutral  nations,  who  have  a  domicil,  or  are  carry 
ing  on  business  or  traffic  within  the  States  at  war  with  this 
Confederacy,  are  alien  enemies  under  the  law. 

All  such  citizens  or  residents  of  the  States  of  Delaware, 
Maryland,  Kentucky,  or  Missouri,  and  of  the  Territories  of 
New  Mexico,  Arizona,  and  the  Indian  territory  south  of 
Kansas,  and  of  the  District  of  Columhia,  as  shall  commit  ac 
tual  hostilities  against  the  Confederate  States,  or  aid  or 
assist  the  United  States  in  the  existing  war  against  the  Con 
federate  States. 

%  Immediately  after  taking  your  oath  of  office,  you  will 
take  possession  of  all  the  property  of  every  nature  and  kind 
whatsoever  within  your  district  belonging  to  alien  enemie* 
as  above  defined. 

You  will  forthwith  apply  to  the  clerk  of  the  court  for 
writs  of  garnishment  under  the  8th  section  of  the  law,  and 
will  propound  to  the  garnishees  the  interrogatories  of  which. 
a  form  is  annexed.  These  interrogatories  you  will  pro 
pound  to  the  following  persons,  viz : 

1st.  All  attorneys  and  counsellors  practicing  law  within 
your  district. 

2d.  The  presidents  and  cashiers  of  all  banks,  and  princi 
pal  administrative  officers  of  all  railroad  and  other  corpora 
tions  within  your  district. 

AH  agents  of  foreign  corporations,  insurance  agents,  com 
mission  merchants  engaged  in  foreign  trade,  agents  of  for 
eign  mercantile  houses,  dealers  in  bills  of  exchange,  exec 
utors  and  administrators  of  estates,  assignees  and  syndics  of 
insolvent  estates,  trustees,  and  generally  all  persons  who- 
are  known  to  do  business  as  agents  for  others. 

In  the  first  week  of  each  month  you  will  exhibit  to  the- 
judge  a  statement  showing  the  whole  amount  of  money  in 
your  hands  jus  receiver,  and  deposit  the  same  for  sitfe  keep 
ing  in  such  bank  or  other  depository  as  may  be  selected  for 
that  purpose  by  the  judge— reserving  only  ouch  amount  u* 


204 


CONFISCATION. 


maybe  required  for  immediate  necessary  expenditure  in  the 
discharge  of  your  duties  as  receivers. 

Whenever,  in  the  discharge  of  your  duties,  you  discover 
that  any  attorney,  agent,  former  partner,  trustee,  or  other 
person  holding  or  controlling  any  property,  rights,  or  credits 
of  an  alien  enemy,  has  wilfully  failed  to  give  you  informa 
tion  of  the  same,  you  will  immediately  report  the  fact  to  the 
district  attorney  for  your  district,  to  the  end  that  the  guilty 
party  may  l>e  subjected  to  the  pains  and  penalties  prescribed 
by  the  third  section  of  the  law. 

J.  P.  BENJAMIN,  Attorney  General. 

The  following  interrogatories  to  garnishees  have  been 
prepared  for  your  use,  together  with  a  note  annexed  for 
the  information  of  the  garnisheo: 

1.  Have  you  now,  or  have  you  bad  in  your  possession  or 
under  your  control,  since  the  twenty-first  day  of  May  last, 
(1861,)  and  if  yea,  at  what  time,  any  laud  or  lands,  tene 
ment  or  tenements,  hereditament  or  hereditaments,  chat 
tel  or  chattels,  right  or  rights,  credit  or  credits,  within  the 
Confederate  States  of  America,  held,  owned,  possessed,  or 
enjoyed  for  or  by  an  alien  enemy,  or  in  or  to  which  any 
alien  enemy  had,  and  when,  nince  that  time,  any  right, 
title,  or  interest,  either  directly  or  indirectly? 

2.  If  you  answer  any  part  of  the  foregoing  interrogatory 
in  the  affirmative,  then  set  forth,  specifically  and  particu 
larly,  a  description  of  such  property,  right,  title,  credit,  or 
interest,  and  if  you  have  disposed  of  it  in  whole  or  in  part, 
or  of  the  profit,  or  rent,  or  interest  accruing  therefrom, 
then  state  when  you  made  Kiiflh  disposition,  and  to  whom, 
and  where  such 'property  now  is.,  and  by  whom  held? 

3.  Were  you,  since  the  twenty-first  day  of  May,  1861, 
and  if  yea/at  what  time,  indebted,  either  directly  or  indi 
rectly,  to  any  alien  enemy  or  alien  enemies?    If  yea,  state 
the  amount  of  such  indebtedness,  if  one,  and  of  each  indebt 
edness  if  more  than  one;  give  the  name  or  names  of  the 
creditor  or  creditors,  and  the  place  or  places  of  residence, 
and  state  whether  and  to  what  extent  such  debt  or  debts 
have  been  discharged,  and  also  the  time  and  manner  of  the 
•discharge. 

4.  Do  you  know  of  any  land  or  lands,  tenement  or  tene 
ments!,  hereditament  or  hereditaments,  chattel  or  chattels, 
right  or  rights,  credit  or  credits,  within  the  Confederate 
States  of  Ameiica,  or  any  ri..ht  or  interest  held,  owned, 
posses 


«ed,  or  enjoyed,  directly  or  indirectly,  by  or  for  one  or  j 
more  alien  enemies  since  the  twenty-first  day  of  Slay,  1861, 
or  in  or  to  which  any  one  or  more  alien  enemies  had  since 
that  time  any  claim,  title,  or  interest,  direct  or  indirect'? 
If  yea,  set  forth  specially  and  particularly  what  and  where 
the  property  is,  and  th  -  name  and  residence  of  the  holder, 
debtor,  trustee,  or  agent. 

5.  State  all  else  that  you  know  which  may  aid  in  carry 
ing  into  full  effect  the  sequestration  act  of  the  30f.h  of  Au 
gust,  1SG1,  and  state  the  same  as  fully  and  pnrticularly  as 
if  thereunto  specially  interrogated.  A.  15.,  Receiver. 

NOTK — The  garnishee  in  the  foregoing  interrogatories  is 
specially  warned  that  the  sequestration  act  makes  it  the 
duty  of  each  and  every  citizen  to  give  the  information 
asked  in  said  interrogatories. — [Act  30th  August,  1861,  t;ec. 
2. 1  And  if  any  attorney,  agent,  former  partner,  trustee,  or 
other  person  holding  or  controlling  any  property  or  inte 
rest  therein  of  or  lor  any  alien  enemy  shall  fail  speedily  to 
inform  the  receiver  of  the  same,  and  to  render  him  an  ac- 
account  of  such  property  or  interest,  Ire  si, all  be  guilty  of  a 
high  misdemeanor  and,  upon  conviction,  shall  be  fined  in  a 
sum  not  >  xceeding  five  thousand  dollars,  and  imprisoned 
not  longer  than  six  months,  and  be  liable  to  pay  besides  to 
the  Confederate  States  double  the  va.ue  of  the  property  or 
interest  of  the  alien  enemies  so  held  or  subject  t3  his  con 
trol  .— .  Sec.  o.]  >  ^ 
This  act  was  rigidly  enforced.  Subjoined 
are  two  notices,  preserved  from  the  newspapers 
of  the  day : 

Thomas  T.  Giles,  who  has  been  appointed  receiver  for  the 
eastern  district  of  Virginia,  has  issued  a  notice  addressed 
44  to  all  whom  it  may  concern,"  in  the  following  words : 

•'  I  hereby  notify  every  attorney,  agent,  former  partner, 
trustee,  or  other  person  holding  or  controlling  any  lands, 
tenements,  or  hereditaments,  goods  or  chattels,  rights  or 
credits,  or  any  interest  therein,  within  the  eastern  district 
of  Virginia;  of  or  for  any  alien  enemy  of  the  Confederate 
States  of  America,  speedily  to  inform  me,  appointed  receiver 
for  the  said  district,  of^tho  same;  und  to  render  to  mean 
account  thereof,  and,  so  far  as  is  practical >le,  to  place  tho 
same  in  my  hands.  Any  such  person  wilfully  failing  to  do 
so  will  be  guilty  of  a  high  misdemeanor,  and  liable  to  be 
indicted,  convicted,  fined,  and  imprisoned,  as  provided  by 
law. 

"  I  also  notify  each  and  every  citizen  of  the  Confederate 
States  speedily  to  give  information  to  me  (as  he  is  required 
by  law  to  do)  of  any  and  every  lands,  tenements,  and  here 
ditaments,  goods  nnd  chattels,  rights  and  credits,  within 
the  said  eastern  district  of  Virginia,  and  of  every  right  and 


interest  therein  held,  owned,  possessed,  or  enjoyed  by  or  for 
any  such  alien  enemy. 

"  My  office  is  on  the  northern  aide  of  Main  street,  in  the 
city  of  Richmond,  between  Tenth  and  Eleventh  streets." 

SEQUESTRATION   NOTICK. 

Merchants  and  all  other  persons  residing  in  Nansemond, 
Norfolk  city,  city  of  Portsmouth,  Princess  Anne,  and  Isle 
of  Wight  who  owe  debts  to  alien  enemies,  or  have  property 
of  any  kind  in  their  possession,  or  under  their  control,  be 
longing  to  any  such  alien  enemies,  and  who  have  failed  and 
neglected  to  make  report  thereof,  are  hereby  notified  that 
unless  a  report  of  the  said  debts  and  information  of  said 
property  is  rendered  by  them  to  the  undersigned,  receiver 
of  this  district,  on  or  before  Saturday,  the  30th  instant,  thej 
will  be  reported  as  delinquents  and  subject  to  the  fine  of 
*i"e  thousand  dollars  imposed  by  law. 

JOHN  T.  FRANCIS, 
Receiver. 

This  is  a  copy  of  the  writ  served  upon  t):« 
wife  of  Hon.  Horace  Maynard,  of  Tennessee, 
while  he  was  in  Washington,  in  attendance 
upon  Congress,  quoted  in  his  speech  of  May 
23,  1862: 

To  Hon.  WEST  H.  HUMPHREYS,  Judge  of  the  District  Court  of 
the  Confederate  States  of  America  for  tfte  District  of  Ten 
nessee  : 

The  Confederate  States  of  America,  through  Landon  C. 
Ilaynes,  the  receiver  for  the  eastern  district  of  Tennessee, 
respectfully  represents  unto  your  honor  that  within  the  ju 
risdiction  of  this  court  there  are  [various  items  of  property 
speciticolly  enumerated.]  The  said  States,  by  said  receiver, 
show  that  said  property,  real,  and  personal,  and  mixed,  be 
longs  to  one  Horace  Maynard,  who  has  his  domicil  and  who 
resides  in  Kentxicky,  or  some  one  of  the  States  or  districts 
of  the  United  States,  and  who  is  in  actual  hostility  to  the 
Government  of  the  Confederate  States  of  America,  and  who 
adheres  to  the  enemy  of  said  States  by  speeches,  words,  and 
acts,  giving  them  aid  and  comfort  in  Kentucky  and  other 
places  in  the  United  States,  and  is  an  alien  enemy  to  said 
Confederate  States.  All  of  which  i-re  situate  nnd  being  in 
the  counties  of  Knox  and  Campbell,  in  the  State  and  within 
the  district  of  said  receiver.  And  the  said  Confederate  States 
further  represent  that  the  said  property,  debts,  claims.  chosea 
in  action,  are.  as  said  States  have  been  informed  by  t^ud  re 
ceiver,  under  the  control  and  supervision  of  Mrs.  Maynard, 
wife  of  said  Horace  Maynard,  and  the  said  W.  P.  Washburn, 
who  resides  in  Knox  county,  in  this  State,  which  property  is 
liable  to  be  seized,  under  the  act  of  the  Confederate  Con 
gress  for  the  sequestration  of  the  estates,  property,  and  ef 
fects  of  alien  enemies.  The  said  Mrs.  Maynard  jind  Wash- 
burn  are  required  to  set  forth,  on  oath,  and  specifically  to 
describe  said  property,  and  debts,  and  choses  in  action,  as 
they  have  full  knowledge  of  the  same,  and  answer  the  inter 
rogatories  herewith  filed,  on  oath,  nnd  marked  exhibit  A,  as 
a  part  of  this  petition. 

The  Confederate  States  of  America,  through  said  receiver, 
therefore  pray  that  the  said  persons  having  supervision  and 
control  over  said  property,  as  aforesaid,  who  reside  in  tho 
county  of  Knox,  be  made  porties  to  this  petition,  and  that 
a  copv  thereof,  together  with  notice,  be  issued  by  the  clerk 
of  this  court  to  the  marshal  or  his  deputy,  to  be  served  on 
said  persons.  Said  Confederate  States  furt  her  pray  that  your 
honor  direct  said  property  to  be  seized  and  sequestrated,  and 


~ id  property  to  bese 

placed  in  the  hands  of  said  receiver,  and  by  him  Bold  or  dis 
posed  of  upon  such  terms  and  conditions  as  your  honor  nmy 
direct.  And  on  final  hearing,  the  Confederate  States  pray 
for  all  such  other,  further,  and  different  relief  in  the  prom- 
may  be  consistent  with  the  act  of  the  Confederate 


LANDON  C.  HAYNES, 

Receiver  for  the  Eastern  District  of  Tennessee, 
A  true  copv  of  the  original. 

WILLIAM  G.  McADOO,  Clerk,  <tc. 
Proceedings  were  also  taken  against  Judge 
Catron  and  Andrew  Johnson. 

SUNDRY   ITEMS. 

The  Southern  Commercial  Convention  which 
met  at  Macon,  Oct.  16,  1861,  passed  a  series  of 
resolutions  in  relation  to  tho  sequestration  act, 
and  recommending  that  the  payment  of  debts 
sequestered  be  not  required  during  the  war; 
that  claims  for  indemnity  and  indebtedness  due 
the  North  be  allowed  *as  a  set-off;  that  the 
courts  be  empowered  in  certain  cases  to  modify 
the  retroactive  effect  of  the  bill ;  and  that  the 
property  of  northern  residents  laboring  under 


CONFISCATION. 


205 


*,he  disabi'ities  of  coverture  of  infancy  be  ex- 
'.jmpted. 

Tbe  Ri  hmond  Enquirer  of  Oct.  14th  says: 
"It  was  understood  nt  Richmond  by  a  gentleman  who  is 
connected  with  the  Department  of  the  Interior,  that  the 
returns  were  being  made  of  debts  due  to  the  alien  enemies 
•with  the  utmost  promptitude,  and  that  from  the  city  of 
Petersburg  there  would  be  realized  a  sum  not  less  than 
six  hundred  thousand  dollars.  As  for  Richmond,  it  was 
difficult  to  estimate  the  aggregate,  but  the  lowest  estimate 
placed  it  ;>t  two  millions  of  dollars." 

The  Confederate  States  Court  in  Richmond  have  confis 
cated  $15,000  in  the  hand  of  the  bankers  Purcell,  in  that 
city,  the  property  of  Ashmead  et  als.,  of  Philadelphia. 

In  April,  18G3.  the  -'Confederate"'  Senate  con 
sidered  a  bill  to  confiscate  the  leasehold  interest 
and  shares  of  stock  owned  by  the  American 
Telegraph  Company  and  other  alien  enemies  in 
the  lines  of  telegraph  in  the  Confederate  States. 
Mr.  Oldham  and  Mr.  Hill  favored  the  bill,  and 
Mr.  Johnson,  of  Arkansas,  and  Mr.  Johnson, 
of  Georgia,  opposed  it — the  former,  because 
many  of  the  stockholders  whose  property  it 
was  proposed  to  confiscate  were  not  enemies, 
but  friends  living  in  Washington  city  and 
Maryland — the  latter  because  he  considered 
confiscation  "an  act  of  legal  plunder  unworthy 
of  the  age."  The  bill  was  postponed  until  the 
next  day,  and  its  fate  is  not  known. 

A  movement  was  made  about  the  same  time 
in  the  Legislature  of  Virginia,  appropriating 
so  much  of  the  public  debt  of  the  State  and 
other  securities  held  by  resident  citizens  of  the 
United  States  and  the  District  of  Columbia  as 
may  be  necessary  to  indemnify  the  citizens  of 
Virgi-ia  who  are  loyal  to  the  State  for  losses 
sustained  by  them  in  consequence  of  any  con 
fiscation  act  of  the  Congress  of  the  United 
States,  or  any  other  act  growing  out  of  the  war. 

Up  to  September  30,  18G3,  the  rebel  treas 
ury  had  received  from  sequestration  $1,862.550 
27,  as  reported  by  the  Secretary -of  the  Treasury. 

THE  "SEQUESTRATION"  ACT  DECLARED  CONSTITU 
TIONAL. 

In  the  fall  of  1861,  in  the  first  session  of  the 
Confederate  States  Court,  in  Charleston,  after 
Judge  Magrath  charged  the  Jury,  the  following 
proceedings  are  reported  to  have  taken  place  : 

Mr.  Petigru  read  a  writ  of  garnishment,  served  upon  him, 
and  interrogatories  attached,  in  reference  to  alien  enemy's 
property. 

Mr.  Petigru  said  the  objection  he  had  to  these  interroga 
tories  was,  that  no  human  authority  has  the  right  to  put 
these  questions  to  him  or  any  one  in  the  same  circumstances. 
He  might  recognize  the  authority  of  South  Carolina  to  do 
as  proposed  by  the  act,  because  in  a  Slate  like  South  Carolina 
a  sufferer  has  no  security  or  remedy  against  those  in  power, 
unless  from  some  guarantee  in  the  constitution  of  the  State; 
for  <t  State  may  do  whatever  it  is  not  forbidden  to  do  by  the 
famlament'il  law  of  the  St'ite.  But  the  Confederate  States 
Ir.ive  no  such  claim  to  generality.  Their  authority  is  con 
fined  to  the  constitution  which  confers  it  and  the  powers 
delegated  to  them,  and  whereas,  in  the  case  of  a  sovereign, 
wo  must  sl'.ow  a  guarantee  against  the  power,  in  the  case  of 
the-  Confederacy  they  must  show  a  warrant. for  their  power. 

There  is  no  article  in  the  Constitution  of  the  Confederate 
States  which  authorizes  them  to  set  up  an  inquisition,  or  to 
proceed  otherwise  than  according  to  the  laws  of  tho  land. 
In  fact,  the  best  authority  lor  this  proceeding  is  Hudson's 
treatise  on  the  Star  Chamber,  in  Second  (MlutancaJuridicfa. 
It  will  be  found  that  the  method  prescribed  in  this  confis 
cation  act  is  precisely  that  of  the  Star  Chamber.  They  call 
this  a  writ  of  garnishment;  Mr.  Hudson  calls  it  a  subpoena. 
This  calls  upon  me  to  disclose  all  the  cases  in  my  knowledge 
of  property  held  by  an  alien  enemy.  Mr.  Hudson  requires 
the  party  to  appear  before  the  Star  Chamber,  and  answer 
nil  questions  which  may  be  put  to  him.  These  are  alike  in 
l>eiag  general.  There  is  no  plaintiff.  It  is  an  inquisition. 
'  *  If  no  such  power  has  been  granted,  how  can  such 


a  thing  be  legal?  *  *  Vhnt  is  incident  to  cases  of 
the  war  power,  the  grant  of  the  war  power  covers ;  but  doe* 
the  war  power  require  the  creation  of  a  Star  Chamber  to- 
wrong  and  harass  our  people?  *  *  Where  is  the- 
authority  given?  Where  is  the  power  to  call  upon  the  citi 
zen  in  a  now  and  unheard-of  manner  to  answer  questions, 
upon  oath  for  tho  purpose  of  enforcing  tho  confiscation  law? 
Shall  it  be  said  that  it  is  to  furnish  the  means  to  carry  oa 
tho  war?  How  can  that  bo  said  to  be  necessary,  which  is 
absolutely  nwer  known  to  have  been  done,  before  ?  Was  there 
anybody  that  ever  fought  before  Gen.  Beauregardf  War 
unfortunately  is  not  a  new  thing.  Its  history  is  found  on 
every  page.  Was  there  ever  a  law  like  this  endured,  prac 
ticed,  or  heard  of?  It  certainly  was  not  found  among  the 
people  from  whom  we  derive  the  common  law.  No  Eng 
lish  monarch  or  Parliament  has  ever  sanctioned  or  undei 
taken  such  a  thin:;.  It  is  utterly  inconsistent  with  the 
common  law  to  require  an  inquisitorial  examination  of  th< 
subjects  of  the  laws  of  war.  1 1  is  no  more  a  part  of  tho  law 
of  war  than  it  is  a  part  of  tho  law  of  peace.  * 

All  that  can  be  Kaid  in  favor  of  tho  end  and  object  pro 
posed  can  be  said  in  favor  of  the  Star  Chamber  and  the 
Spanish  Inquisition.  Torquemudaset  out  on  the  latter  in 
stitution  with  the  best  of  motives.  It  was  to  save  men's, 
souls.  He  labored  most  earnestly,  in  season  and  out  of 
season;  and  when  high  necessity  commanded,  he  burnt 
their  bodies  to  save  their  souls.  *  *  *  We  do  not  con 
sider  that  the  «nd  justifies  the  means  in  these  days,  but 
Torqueinada  might  have  burnt  Jews  and  Protestants,  with- 
calling  upon  their  bent  friends  to  inform  against  them, 
and  making  it  penal  not  to  do  so.  *  *  * 

The  war  power  includes  as  an  incident,  everything  which 
s  necessary  or  usual.  It  cannot  be  pretended  that  this  is 
necessary  or  usual,  since  it  never  was  done  before.  This  is 
not  the  first  war  that  ever  was  waged ;  and  tho  laws  of  war 
are  not  the  subject  of  wild  speculation.  Now,  the  mean» 
granted  to  attain  this  end  are  based  upon  the  supposition 
that  the  end  deserves  all  commendation ;  that  nothing  inthe 
world  is  more  calculated  to  advance  ike  repute  of  the  country 
than  to  be  keen  in  starching  out  the  property  of  enemies,  and 
proceeding  against  them  ivhen  they  have  no  opportunity  of 
being  heard,  and  to  impoverish  them  by  taking  away  tlie 
earnings  of  their  industry  and  applying  it  to  other  uses.  *  * 
It  would  be  the  most  intolerable  hardship  for  me,  for  a 
citizen,  at  every  quarter  section  to  be  obliged  to  tell  all  he 
knows  or  suspects  against  his  neighbor.  It  is  pretended 
that  it  is  an  innocent  proceeding.  How  can  that  bo  inno 
cent  which  calls  upon  one  to  commit  a  breach  of  trust  ?  * 
The  law  protects  i^very  mna  in  keeping  silence  wtien  a 
question  is  asked  that  involves  professional  confidence. 
There  can  be  no  greater  oppression  than  to  compel  a  per 
son  to  violate  amoral  or  lethal  duty. 

Something  should  be  said  about  the  objects  of  this  law, 
for  ther.:  is  a  very  common  error  in  supposing  that  it  ap 
plies  to  the  estates  of  native  citizens  wuo  are  living  abroad 
in  an  enemy's  country.  The  tei  in  ali<-n  enemy  is  the  only 
one  usr-diiilho  act.  It  is  a  definite,  technical  construction 
An  alien  enemy  must,  be  born  out  of  the  legia:ic«>  of  the 
sovereign.  There  can  be  no  dispute  ab;>ut  it.  He  is  not  an 
alien  enemy  if  he  was  born  within  the  domains  of  the  sov 
ereign  A  sovereign  has  a  right  to  rpquiro  his  return.  He 
may  call  on  him  to  come  home.  What  i.s  it  in  the  sover 
eign's  power  to  do,  and  what  he  may  do  with  his  subject 
when  be  refuses  to  retmn,  is  another  matter.  But  until  he 
has  been  called  on  by  his  sovereign  to  return,  a  innn  com 
mits  no  breach  of  duty  in  living  iu  an  enemy's  country, 
according  to  Hw.  It  is  impossible  that  tho  makers  of  the 
law  should  n->t  be  aware  of  this,  and  they  seem  to  have  pur 
posely  left  this  open  for  the  interposition  of  humanity. 

Mr.  Petigru  denied  that  there  was  any  precede. st  for 
this  hiw;  and  a  freeman  could  not  bo  compelled  to  aid  this 
confiscating  law,  by  informing  against  both  his  friends  and 
enemies.  It  was  this  which  moved  those  bravo  men,  who 
not  only  shook  tho  pillars  c.f  uio.iarchy  to  its  br.se,  and 
abolished  the  Star  Chamber,  but  did  itwiih  the  declaration 
th>it  no  such  thing  should  be  tolerated  a^oin.  Are  we 
going,  in  the  hey-day  of  our  youth,  to  set  an  example  which 
has  been  repudiated  by  every  lover  of  freedom  from  the  be 
ginning  of  time  to  this  day,  which  has  never  found  au  ndvo- 
cate,  shocks  the  conscience,  and  invades  the  rights  of  the 
private  citizen. 

It  is  an  extraordinary  stretch  of  power,  in  an  extraordi 
nary  time,  when  we  are  endeavoring  to  make  good  before- 
the  world  our  right  to  its  respect  as  an  enlightened  people, 
a  people  capable  of  self-government,  and  of  governing  them 
selves  in  a  manner  worthy  of  the  civilization  and  light  of 
the  age ;  anil  this  act,  borrowed  from  the  darkest  period  of 
tyranny,  is  dug  up  from  the  very  quarters  of  despotism,  and 
put  forward  as  our  sentiments.  They  are  not  my  sentiments ; 
and  sorry  will  I  be  if  in  this  sentiment  I  am  solitary  and 
alone.  *  *  With  regard  to  that  which  requires  the 
violation  of  professional  confidence,  he  must  be  better  in 
structed  before  making  up  his  mind  to  the  order  of  responsi 
bility  or  not.  There  are  cases  when  it  is  dishonor  or  death 


206 


CONFISCATION. 


— and  death  will  certainty  be.  chosen  by  every  man  who  de- 
-terves  the  name. 

Mr.  Miles,  the  District  Attorney,  moved  that  Mr.  Petigru 
make  a  return  to  the  court  of  garnishment,  in  which  the 
question  stated  by  him  should  lie  raised,  that  if  the  first 
<luty  which  devolved  upon  his  honor  since  ho  had  put  on 
his  robes,  and  opened  tiie  first  tt?/m  of  the  Confederate  court 
in  South  Carolina,  was  to  listen  to  ail  ff^octive  against  the 
Government  whose  commission  he  bore,  ut  least  so  much 
respect  might  bo  paid  to  the  mandate  of  the  court,  which 
issued,  with  the  sanction  of  his  honor's  numo,  that  a  formal 
return  might  be  made  to  it,  so  that  tho  points  made  L>y  the 
respondent,  in  which  not  only  the  constitutionality  of  tho 
law  passed  by  tho  Congress  of  tho  Confederate  States,  but 
the  wry  authority  nf  that  Congress  itself,  and  the  validity  of 
the  Government  which  it  represents,  are  dra  wn  in  question, 
may  be  at  least  set  down  for  argument,  and  not  be  al 
lowed  to  be  treated  only  with  invective.  *  *  * 

lie  might  be  pardoned,  however,  if,  in  parsing,  he  called 
tho  attention  of  the  audience  for  whose  benefit  the  remarks 
of  the  respondent  seem  to  have  been  made,  to  the  singular 
position  wlvch  the  Fuccinct  respondent  to-day  for  the  first 
time  occupied.  It  was  not  strange  that  one  who  had  so 
often  distinguished.hims.'lf  by  the  undaunted  boldness  with 
which  he  threw  himself  in  opposition  to  the  weight  of  pub 
lic  opinion,  should  be  the  one  who  now  invoked  the  aid  of 
the  Court  lo  protect  those  whom  the  law  of  Congress  desig 
nates  as  alien  enemies,  but  whom  he  siillpridcs  himself  on 
•calling  "fellow-countrymen,"' from  the  tyranny  of  a,  Govern 
ment  which  attempts  to  make  their  jiroperty  subject  to  the 
rules  of  war.  This  was  consistent  with  his  p;ist  position. 
But  it  was  certainly  a  remarkable  metamorphosis,  that  the 
eminent  jurist  who  fearlessly,  and  almost  alone,  in  his  op 
position  to  the  political  sentiments  of  the  State,  should  now 
invoke  tho  strictest  and  sternest  construction  of  State 
rights  that  had  ever  been  contended  for  even  in  South 
Carolina,  in  opposition  to  the  power  of  the  Confederate 
Government  to  pass  a  law  in  relation  to  a  subject-matter 
expressly  intrusted  to  Congress  by  the  Constitution. 

It  is  true  that  the  profession  of  submission  to  the  au 
thority  of  the  State  in  this  matter  was  accompanied  by  the 
explanation,  that  such  submission  would  be  given  only 
because  tliere  could  be  no  successful  resistance  to  the  tyranny. 
But  even  with  this  qualification,  the  acknowledgment  of 
tho  authority  of  the  State  was  remarkable  from  such  a 
quarter. 

Subsequently  Judge  Magrath,  refusing  to 
sustain  the  demurrer  of  Messrs.  Petigru,  Mit 
chell  and  Whaley,  sustained  the  constitution 
ality  of  the  act. 

JUDICIAL    ACTION  UNDER  THE  CONFISCATION  LAW. 

The  law  has  been  enforced.  The  life  estate 
of  Joseph  R.  Anderson,  an  officer  in  the  rebel 
army,  in  about  50,000  acres  of  land  in  Alle- 
gany  county,  Maryland,  has  been  condemned. 
Also,  that  of  Hunter,  Quid,  Aiken,  Magoffin, 
Boyce,  McQueen,  Corcoran,  and  Flouruoy,  in 
lands  in  Wisconsin.  Also  of  rebel  owners, 
various  properties  in  Washington  city,  New 
York,  Alexandria,  &c. 

In  Alexandria,  Judge  John  C.  Underwood 
of  the  United  States  District  Court  for  the 
eastern  district  of  Virginia,  has  condemned 
"all  the  right,  title,  and  interest"  of  parties 
under  his  view  of  the  law,  which  he  thus 
argues : 

United  States  vs.  the  Right,  Title,  and  Interest  of  Hugh 
Latham,  <f-c. 

The  decree  in  this  and  similar  cases  must  depend  upon 
the  construction  given  to  article  third,  section  third,  of  the 
Constitution  of  the  United  States,  and  the  legislation  of  tho 
last  Congress  for  tho  confiscation  of  rebel  property. 

As  tho  Supreme  Court  of  the  United  States  has  never 
decided  tho  questions  involved  in  this  case,  and  this  court 
feels  constrained  to  differ  from  tho  opinion  of  the  supreme 
court  of  tho  neighboring  district  in  some  recent  cases,  a 
brief  statement  of  the  reasons  of  such  dissent  from  the 
able, jurists  of  that  court  may  not  be  inappropriate. 

This  Court  cannot  limit  a  decree  to  a  condemnation  of  a 
traitor's  right,  title,  and  interest  in  the  property  forfeited 
for  the  term  of  his  own  life,  with  a  reversion  to  his  heirs, 
for  the  rea-son  that  it  does  not  consider  such  limitation 
warranted  by  tho  section  and  acts  of  Congress  above  re 
ferred  to.  The  language  of  the  Constitution  is  as  follows : 

"  The  Congress  shall  have  power  to  declare  the  punish 
ment  of  treason,  but  no  attainder  of  treason  shall  work 


corruption  of  the  blood  or  forfeiture,  except  during  the  lite 
of  the  person  so  attainted." 

The  general  power  to  punish  treason  is  expressly  granted 
in  the  first  part  of  the  above  constitutional  provision. 
The  consequences  of  attainder  of  treason  mentioned  in  the 
latter  part  of  the  provision  would  not  require  notice,  aa 
this  is  not  a  case  of  attainder  of  treason,  were  it  not  for  the 
reference  made  to  tho  limitations  of  this  provision  in  the 
joint  explanatory  resolution  passed  by  Congress  July  17, 
1862.  But  that  reference  and  tho  quotation  of  the  limita 
tions  made  it  necessary  to  inquire  what  was  the  "forfeit 
ure"  to  bo  worked,  and  when  tho  •'  work"  was  to  be  effected. 

The  authors  of  the  constitutional  provision  were  doubt 
less  profound  lawyers,  and  used  the  term  "  forfeiture,"  in  its 
strict  technical  and  well  settled  legal  meaning.  Blackstone 
gives  us  a  whole  chapter  on  this  important  word,  which  he 
begins  thus : 

"Forfeiture  is  a  punishment  annexed  by  law  to  some  ille 
gal  act  or  negligence  in  the  owner  of  lands,  tenements,  and 
hereditaments,  whereby  he  loses  all  Uds  interest  therein, 
and  they  go  to  the  party  injured  as  a  recompense  for  the 
wrong  sustained." 

Again,  ho  enumerates  "  forfeiture,"  deed,  device,  Ac.,  as 
the  modes  of  absolute  conveyance  of  real  estate;  and  it 
seems  clearly  that  this  was  the  sense  in  which  it  was  used 
in  the  constitutional  provision.  Besides  being  good  law 
yers,  the  authors  were  evidently  thorough  scholars,  fioni- 
"iar  with  King  James's  translation  of  the  Bible  and  the  old 


English  classics,  and  employed  the  word  "  except,"  in  tho 
phrase — "Except  diiring  the  life  of  the  person  attainted,"  in 
a  sense  now  nearly  obsolete,  though  common  a  hundred 
years  ago,  and  at  the  date  of  tho  Constitution  making  it 
synonymous  with  the  word  "  unless,"  as  in  the  Bible  decla 
rations — "Except  ye  repent  ye  shall  all  likewise  perish." 
"  Except  a  man  be  born  again  he  cannot  see  the  Kingdom 
of  God."  "Except  these  abide  in  the  ship  ye  cannot  be 
saved."  Shakspeare  and  other  English  classics  abound  in 
examples  of  the  use  of  this  word  as  a  conditional  conjunc 
tion,  but  one  will  suffice: 

The  Bishop  of  Winchester,  when  accused  of  sedition  in 
King  Henry  VI,  act  III,  scene  1,  indignantly  exclaims — 
"And  for  dissension,  who  preferreth  peace, 
More  than  I  do — except  I  be  provoked?" 

We  find  a  similar  definition  of  the  term  in  Webster's 
Dictionary. 

If  we  use  the  word  "except"  in  the  above  sense  in  the 
the  constitutional  provision,  or  make  it  read  "  unless  during 
the  life  of  the  person  attainted."  we  shall  at  once  come  to 
the  true  intent  and  meaning  of  the  provision,  to  wit:  That 
tho  forfeiture  was  to  bo  perfected  during,  and  not  after,  the 
lifetime  of  the  party  attainted. 

Bills  of  attainder  were  common  in  the  British  Parlia 
ment.  Several  of  the  Colonial  Legislatures  passed  similar 
acts  during  the  war  of  tho  Revolution.  They  were  sum 
mary  and  sweeping  in  their  character,  requiring  no  process 
or  any  action  of  courts  of  law,  but  included  in  a  single  bill 
many  persons,  and  in  a  single  section  confiscated  all  their 
property,  both  real  and  personal.  In  some  cases  the  dead 
as  well  as  the  living  were  included  in  these  hills,  so  tran- 
scendingly  wicked  did  the  crime  of  treason  appear  to  our 
ancestors.  The  Government  thus  convicted  men  of  this 
crime  without  trial,  and  after  they  were  dead  and  buried, 
takingas  a  punishment  estates  which  had  already  descended 
to  their  heirs  or  passed  to  innocent  purchasers  in  good 
faith.  This  mode  of  proceeding  was  manifestly  in  violation 
of  the  general  spirit  and  principles  of  English  and  Ameri 
can  criminal  laws,  by  which  crimes,  trespasses,  and  torts  of 
every  description,  from  the  highest  to  the  lowest,  are  alone 
punishablo  during  the  life  of  the  wrong-doer,  whose  death 
before  final  judgment  is  a  perpetual  stay  of  all  proceedings 
and  all  legal  consequences.  According  to  the  maxim: 
"Actio  personalis,  cum  persona  moritor."  The  Constitu 
tional  provision  was  therefore  inserted  to  correct  this  harsh 
anomaly,  and  to  bring  tho  punishment  of  treason  into  har 
mony  with  that  of  all  other  crimes  and  misdemeanors. 

It  also  abolished  entirely  the  cruel  doctrine  of  "corrup 
tion  of  tho  blood,"  which  prevented  the  children  of  a 
traitor  who  had  been  attainted  from  ever  inheriting  from, 
or  through  the  father  either  title  or  estate.  Its  limitation 
was  .is  to  time  of  working  forfeiture  and  not  «*  to  the 
definition  of  the  term  or  character  of  the  estate  forfeited, 
and  it  made  no  distinction  between  personal  and  real  rstatc. 

Nor  is  there  anything  in  the  act  of  Congress  of  July  17, 
1862,  limiting  tho  forfeiture  within  more  narrow  bound* 
than  those  of  the  Constitution.  On  the  contrary,  the  only 
fear  ever  expressed  in  relation  to  that  act  was  that  it 
transcended  the  Constitution. 

The  only  ground  for  restricting  the  forfeiture  then  must 
be  found  in  the  joint  resolution  of  the  two  Houses  of  Con 
gress  of  the  same  date  of  the  act  aforesaid. 

The  first  branch  of  this  resolution  was  evidently  intended 
to  explain  the  act  and  to  prevent  its  application  in  snrh  a 
way  as  to  give  it  an  unconstitutional  nudexpostfui!"  <>per- 


CONFISCATION. 


207 


And  a  cHreful  consideration  of  its  last  clause  affords 
the  strongest  internal  evidence  that  it  also  was  intended 
simply  to  pr»vrr.  t  an  infringoment  of  the  Constitution.  Its 
language  is  copi-'d  almost  verbatim  from  the  Constitution. 
Even  the  very  umisual  legal  phrase,  '•  work  a  forfeiture,"  is 
borrowed  from  t  ho  pamo  source,  and  means  finish,  perfect 
and  complete,  the  necessary  legal  proceedings  for  a  forfeit 
ure  or  conveyance  of  estate,  as  v.-o  work  out  or  perfect  a 
problem.  Tho  only  variance  is  tho  substitution  of  the 
preposition  "boyond"'  for  tho  conjunction  "except"  in  tho 
phrase  "beyo  id  tho  lifr,"  instead  of  '-except  during  the 
life."  But  ti.-»  similarity  of  language  is  so  great  as  to  force 
aconvictio  j  hat  tho  last  part  of  tho  resolution,  like  thu 
first  part,  vm  intended  to  restrain  tho  courts  within  the 
bounds  of  '  .0  Constitution.  It  cannot  be  supposed  that 
Congros«.'/'onded  to  repoal  its  own  act  by  the  resolution, 
or  so  to  jraasculato  it  as  to  make  it  worse  than  a  nullity. 

It  seems  also  but  reasonable  that  wo  should  give  such  a 
construction  to  the  resolution  as  will,  it'  possible,  bring  it 
into  harmony  with  those  more  weighty  and  formal  instru 
ments,  tho  act  and  the  Constitution.  The  variation  of  a 
single  word  in  quoting  the  Constitution  is  not  surprising 
when  we  consider  the  probable-  hurry  and  pressure  which 
attended  the  passage  of  this  resolution  among  many  others 
on  the  last  dr.y  of  a  long  session  of  Congress.  We  could 
hardly  expert  the  same  precision  of  language  under  such 
•circumstances  as  in  an  act  p;issed  with  mature  considera 
tion  iu  committees,  and  after  three  separate  readings  in 
each  house  of  Congress.  And  though  the  construction 
.given  by  tho  court  of  the  District  of  Columbia  would  seem 
very  natural,  taking  the  clause  without  its  connections,  yet 
when  we  consider  those  connections,  it  will  appear  that  our 
•construction  will  not  only  best  secure  the  objects  of  the 
law  but  entirely  harmonizes  with  the  act  «.nd  Constitution, 
-•"•incut  t>..e  least  violence  to  tho  language  of  the  resolu 
tion.  By  juoting  the  language  of  tho  Constitution,  the 
conclusior  is  inevitable  that  the  constitutional  authority 
and  powe?  was  referred  to  tho  action  of  the  courts. 

If  the  onstruction  that  only  a  life  estate  is  to  bo  confis 
cated  sha'  1  be  established,  the  bill  passed  by  Congress  on 
the  17tb  of  July,  1862,  instead  of  being  true  to  its  title, 
"  An  Act  to  suppress  insurrection,  to  punish  treason  and 
rehellioi ,  to  seize  and  confiscate  the  property  of  rebels," 
would  \j  Its  effects  become  an  act  to  prevent  the  re-settle 
ment  ar  1 1  improvement  of  the  country ;  an  act  to  promote 
jealousy  envy,  and  hatred  between  the  holders  of  life 
estates  'Mid  reversionary  interests,  and  to  continue  the 
desolatj  >ns  caused  by  the  rebellion  for  a  whole  generation 
without  any  benefit  to  the  National  Treasury,  to  tho  parties 
interested,  or  to  anybody  else  except  the  lovers  of  discord 
and  officers  of  law;  an  act  to  defeat  the  leading  objects 
of  its  own  friends  in  and  out  of  Congress,  which  objects  are 
well  known  to  be,  1st — by  the  sale  of  rebel  estates  to  re 
imburse  in  some  degree  the  immense  expenditures  incurred 
in  suppressing  the  rebellion,  and'2d — to  supply  the  places  of 
departed  rebels  with  loyal  men  and  bring  again  into  culti 
vation  and  improvement  those  deserted  and  wasted  estates. 
But  if  only  a  life  interest  is  to  be  acquired,  no  purchaser 
could  afford  to  take  on  so  uncertain  a  tenure,  at  even  a 
nominal  price,  the  wasted  plantations,  and  restore  the  de 
stroyed  houses  and  fences  by  building  valuable  and  perma 
nent  structures. 

Those  of  us  who  remember  the  condition  of  the  country 
between  the  Potomac  and  the  Rappahannock  from  twenty 
to  forty  years  ago,  tho  desolation  and  heart-burning,  tho 
agony  and  despair,  tho  ejectments  and  expulsions  attend 
ing  the  expiration  of  tho  anti-republican  life  leases  of  the 
old  proprietor,  Lord  Fairfax,  will  certainly  pray  to  be  de 
livered  from  a  repetition  of  tho  scenes  which  this  construc 
tion  would  inevitably  produce.  Tho  life  state  theory  also 
involves  the  absurdity  that  in  proportion  to  tho  enormity 
und  certainty  of  the  guilt  of  any  person,  should  be  the 
shortness  of  tho  forfeiture  of  his  estate,  for  in  the  most 
flagrant  cases  the  time  between  conviction  and  execution  is 
usually  very  brief,  andfoi-feiturefor  thatbrief  period  would 
be  both  puerile  and  preposterous.  Applying,  then,  the  well 
settled  rub-  of  interpretation,  that  where  two  constructions 
can  hr-  pivon  to  a  written  instrument,  that  must  be  pre 
sumed  which  is  most  just  and  beneficial  to  the  public  in  its 
operation,  wo  can  have  no  doubt  of  the  meaning  of  this 
resolution. 

Judging  {•••'  m  the  many  wise  enactments  of  the  last  Con 
gress,  we  should  b**  forced  to  tho  belief  that  its  in'entions 
wen-  uniformly  beneficent,  and  therefore  it  could  not  have 
intended  to  open  the  door  to  such  absurdities  and  cahimi 
ties  We  must  conclude  from  its  words  and  connections 
that  the  reaolutinn  had  ita  origin  in  an  abundant  caution 
agalnat  a  vlolnticn  of  the  Constitution,  but  was  never  in- 
teiidrd  to  roriflne  the  action  rf  the  courts  wifhin  any  limits 
lesscxU'iidod  il-an  the  Con*titu  i<>r>,  nor  to  give  a  construe 
tioTi  *o  the  Cons  ituti  •!•>.  It  was  not  meant  to  prevent  the 
full  and  just  tK-tion  of  all  the  pn  per  and  legitimate  powers 
of  the  Government  f  >r  the  punishment  of  treason.  Nor  has 
cur  construction  any  color  of  undue  harshness  and  severity 


toward  the  great  criminals  who  have  brought  upon  the 
country  this  terrible  civil  war.  In  all  Christian  or  civilized 
nations  on  the  et«rth,  the  punishment  of  treason  has  been  a 
total  forfeiture  both  »f  (State  and  life,  and  justly  so.  for  it 
is  not  iu  its  consequences  simply  murder,  but  wholesale 
murder  with  all  the  other  crimes  of  the  decalogue  addM 
thereto. 

And  how  absurd  is  the  idea  that  we  may  take  the  life  oJ 

traitor  but  may  not  take  that  which  is  less  valuable  than 
life,  to  wit :  his  property  ?  Does  not  the  greater  always  in 
clude  the  less  ? 

By  this  court,  then,  looking  for  light  and  guidance  to 
the 'tribunal  of  Eternal  Justice,  it  must  be  held  that  enough 
loyal  Mood,  and  widows'  and  orphans'  tears,  have  been 
poured  out  and  mingled  with  the  soil  of  Virginia  to  extin 
guish  all  rebel  rights  and  establish  a  perfect  title  in  tho 
Government,  for  the  benefit  of  the  heirs  of  those  who  have 
fallen  defending  the  republican  institutions  received  from 
our  patriot  fathers— institutions  which  we  are  bound  to 
preserve  and  to  transmit  unimpaired  and,  if  possible,  im 
proved  and  purified  to  our  posterity. 

The  point  raised  by  the  respondent's  counsel  against  the 
constitutionality  of  the  law  under  which  this  suit  is  brought, 
because  it  does  not  provide  a  jury  trial  in  any  case,  is  one 
of  very  grave  import.  In  the  judgment  o*'  *his  court  it 
would  be  much  more  in  the  spirit,  not  only  of  the  Consti 
tution,  but  of  the  great  charter  ratified  at  Runnymede,  if  a 
respondent,  on  putting  in  his  answer  and  taking  tho  oath 
of  allegiance  to  the  Government,  was  permitted  to  demand 
a  trial  by  jury. 

But  the  decisions  of  the  Supreme  Court  of  the  United 
States  in  the  Dred  Scott  case,  and  other  cases  under  the 
fugitive  slave  laws  of  Congress,  deprived  men  of  liberty, 
which  is  dearer  than  property,  without  trial  by  jury,  will 
not  permit  this  court,  especially  where  no  oath  of  allegiance 
is  offered  by  the  respondent,  to  declare  the  law  unconstitu 
tional  on  tliis  ground. 

It  is  to  be  hoped,  however,  that  all  uncertainty  arising 
from  different  constructions  of  the  courts  may  be  speedily 
removed  by  tho  action  of  the  Supreme  Court  of  the  United 
States,  or  by  tho  explanatory  legislation  of  Congress  now 
about  to  be  assembled. 

The  decree  of  the  court  in  this  case  is,  that  all  right,  title, 
interest  and  estate  of  the  said  Hugh  Latham,  in  and  to  the 
property  mentioned  in  the  libel  in  this  case,  be  forfeited  and 
confiscated  to  tho  United  States,  and  that  the  marshal  of 
the  court  proceed  to  sell  said  right,  title,  interest  and  estate 
at  public  auction  for  cash  to  the  highest  bidder,  after  having 
given  ten  days'  notice  of  the  time,  place,  and  terms  of  sale 
of  the  personal  property,  and  at  least  twenty  days'  notice 
of  the  time,  place,  and  terms  of  sale  of  the  real  estate,  by 
advertisement  in  one  or  more  newspapers  printed  and  pub 
lished  in  the  cities  of  Alexandria  and  Washington.  That 
said  marshal  deliver  the  personal  property  to  the  purchaser, 
and  also  make  and  deliver  a  deed  of  the  real  estate  to  the 
purchaser  on  the  payment  of  the  purchase  money  therefor, 
and  that  the  marshal  bring  the  proceeds  of  said  sale  into 
this  court  to  await  the  further  order  thereof. 

MILITARY  ORDERS.* 
CONFISCATION  OF  PROPERTY. 

The  following  important  military  order  has 
been  issued  by  Major  General  Wallace: 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STII  ARMY  CORPS, 

BALTIMORE,  MD.,  April  26, 18G4. 
[General  Orders  No.  30.] 

Many  citizens  of  this  department  have  gone  voluntarily 
into  tlie  States  in  rebellion  against  the  United  States,  some 
to  join  tho  rebel  army,  others  to  aid  and  encourage  the  re 
bellion  by  their  presence  and  otherwise,  who  have  left  prop 
erty  in  real  estate, slaves,  stocks  of  various  descriptions,  and 
other  securities  for  money  in  this  department.  And  many 
citizens  of  the  States  in  rebellion,  who  have  participated  in 
and  encouraged  that  movement,  have  similar  property 
within  this  department.  It  is  deemed  important  that  nuch 
property  should  not  be  under  the  control  of  such  persons, 
and  liable  to  be  used  in  whole  or  in  part  in  the  support  of 
the  rebellion,  and  against,  the  interests  of  the  United  States. 

It  is  therefore  hereby  ordered  that  the  proceeds  of  all 
real  estate,  tho  biro  of  all  slaves,  tho  interest  on  all  debts 
due  from  persons  in  this  department,  the  current  interest 
on  all  private  debts,  the  dividends  and  interest  on  all 
stocks  and  bonds  of  railroad  companies,  banks,  turnpike 
road  companies,  manufacturing  companies,  and  public  cor 
porations,  howsoever  declared  and  payable,  which  are  the 
property  of  the  persons  above  described,  and  are  within 
this  department,  shall  be  withheld  by  the  persons  uuihor- 
ized,  and  whose  duty  it  is  to  pay  the  same,  from  such  per 
sons,  their  representatives,  agents,  and  attorneys,  howso- 


*  The  President  has  suspended  the  execution  of  theao 
orders.    Moneys  paid  under  them  are  ordered  repaid. 


208 


CONFISCATION. 


ever  constituted;  and  that  the  same  shall  be  paid  over  to 
Lieutenant  Colonel  Alexander  Bliss,  Quartermaster  of  this 
department,  or  such  other  agent  as  the  g*n«ral  command 
ing  may  authorize  and  appoint  from  time  to  time.  All  pcr- 
BOIIS  bavin-  authority  ovt-r  such  property  will  be  held  re- 
Hponsible  for  such  sums  as  may  be  paid  in  violation  of  this 
order  and  be  otherwise  punished  by  military  commission. 

Tho  hire  and  tho  proceeds  of  the  labor  of  such  slaves  as 
are  in  the  counties  of  Maryland  in  this  department,  and 
belon-'ino- to  the  persons  above  described,  will  in  due  pro 
portion  bo  set  apart  and  reserved  for  the  use  of  such  slaves 
when  they  shall  have  been  freed  by  the  constitutional  law 
of  Maryland,  an  it  is  hoped  they  soon  will  be. 

By  command  of  Major  General  Wallace  : 

SAMUEL  I?.  LAWRENCE,  Asst.  Adj.  Gen. 

Official :  JAS.  R.  Ross,  A.  D.  C. 

HEADQUARTERS  MIDDLE  D!:PARTME^T,  STH  ARMY  CORPS, 

BALTIMORE,  MD.,  May  1, 18C4. 
[General  Orders  No.  33.] 

In  order  mo»j  effectually  to  carry  out  the  provisions  of 
General  Orders  No.  30,  from  these  headquarters,  it  is 

1st— That  the  President  and  directors,  or  other  authorized 
agents  and  representatives  of  all  banks,  insurance  com 
panies,  railroad,  turnpike,  ferry,  and  manufacturing  com 
panies,  and  all  other  monied  corporations,  institutions,  and 
joint  stock  companies  whatsoever  within  this  military  de 
partment,  shall,  with  the  least  possible  delay,  and  not  later 
than  the  15. h  day  of  June  next,  forward  to  the  office  ot 
Lieut.  Col.  Alexander  Bliss.  Quartermaster  of  this  depart 
ment,  a  written  statement  verified  under  oath  by  the  presi 
dent,  and  by  the  secretary  or  treasury  of  such  corporation 
or  company,  &c.,  setting  forth  the  names  and  address  of  all 
tho  proprietors  or  stockholders,  or  others  having  now  or 
within  the  past  year, any  interest  whatsoever  in  the  capital 
jitock,  the  bonds' or  other  debt,  funded  or  otherwise  ot  such 
corporation  or  company,  or  in  the  dividends,  interest,  pre 
miums  or  other  profits  whatsoever  irisingtheroiromor  from 
its  business,  who  are,  or  who  since  April  19th,  1861,  havo 
been  residents  of,  or  have  lived  within  any  of  the  btates 
now  in  rebellion,  or  who  now  arc-,  or  who  have  been  in  the 
rebel  army,  or  in  the  employment  of  tho  rebel  government, 
to  the  best  knowledge  and  belief  of  the  deponents— the 
exact  amount  and  nature  of  the  share  or  other  interest  ot  i 
cverv  «uch  rrrson  the  date  of  the  commencement  of  such  - 

inS?  or  of  any  increase  thereof;  also,  the  dates  and    and  confiscate  the   property  of  rebels,  and  for 
amounts  of  all  payments  of  dividends,  interest,  premiums  j  ot|ier   purposes,"    approved    July    IT.  18G2,   and 
rnSwwoiiMawmtS  |  which  act,  and  the  joint  resolution  explanatory 

any  such  persons,  and  the  names  of  those  to  whom  paid.  |  thereof,  areherewith  published,  1,  ABRAHAM  LlN- 
Also  the  name  of  any  of  the  said  persons  to  whom  any  in-  |  CQLN  president  of  the  Unit  d  States,  do  hereby 
tcrests  or  profita  are  now  payable,  aud  t  1  j  proclaim  to  and  warn  an  persons  within  the  con- 

2d!— tt5  ordered  that  all  corporations,  joint  stock  com-  j  templation  of  said  sixth  section  to  cease  partici 
pates,  and  all  individuals  within  this  department,  who  j  Datjnff  jn  aiding,  countenancing,  or  abetting 
KM±^Sa%SSS3fiS  :  the  exiting  rebellion,  or  any  rebellion,  against 
1st,  1863,  havo  paid  any  interest  upon  the  Government  of  the  United  fetates,  and  I 

turn  to  their  proper  allegiance  to  the  United 
States,  on  pain  of  the  forfeitures  and  seizures 
as  within  and  by  said  sixth  section  provided. 

In  testimony  whereof,  L  have  hereunto  set  un 
hand  and  caused  the  seal  of  the  United  States 
to  be  affixed. 

at,  the  city  of  Washington,  this  twenty- 


buildings,  or  other  real  estate  whatsoever  owned  either  in 
whole  or  in  part  by,  or  of  which  the  rent  or  other  proceeds 
in  any  manner  accrue  to,  any  of  the  persons  of  any  of  the 
classes  above  enumerated  in  paragraph  1  of  this  Order,  shall, 
with  tho  least  possible  delay,  and  not  later  than  the  15th, 
day  of  .Tune  next,  forward  to  the  office  of  Lieutenant  Colonel 
Alexander  Bliss,  Quartermaster  of  the  Middle  department, 
a  written  statement,  verified  mid»r  oath,  setting  forth  their 
names  and  address,  the  location  and  description  of  any  such 
lands,  buildings,  or  other  real  estate,  tho  names  of  the  own 
ers,  lessees,  Ac.,  thereof,  the  nito  of  the  rent  or  hire  thereof, 
and  any  amount  now  due  on  account  of  the  rent  or  hire 
thereof,  or  which  havo  since  May  1st,  1863,  been  due,  or 
which  have  since  that  date  been  paid  to  any  person  what 
soever,  and  the  names  and  address  of  all  persons  to  whom 
said  amounts  are  or  have  been  due  or  paid,  and  the  date 
when  due  or  paid. 

4th.  It  is  ordered  that  all  persons  in  the  counties  of  Ma 
ryland  within  this  department  now  hiring,  or  who  since 
January  1st,  1864,  have  hired  slaves,  belonging  wholly  or  in 
part,  now  or  within  the  past  year,  to  any  of  the  persons  of 
the  class  enumerated  in  paragraph  1  of  this  Order,  shall 
furnish  to  Lieutenant  Colonel  Alexander  Bliss,  Quarter 
master  of  the  Middle*  department,  a  written  statement,  ver 
ified  under  oath,  of  their  names  and  address,  of  the  number 
of  such  slaves  hired  by  them,  the  rate  of  hire,  the  names  of 
the  owners  of  each,  th&  name  of  each  slave,  and  the  nametj 
of  the  persons  to  whom  any  payments  have  been  since  Jan 
uary  1st,  18C4,  made,  or  are  now  due  on  account  of  such 
hire,  the  amounts  of  such  payments,  and  the  amounts  now 
due. 

And  all  slaves  are  required  to  furnish  themselves  such  of 
the  above  information  as  is  in  their  power,  by  appearing 
personally  at  tho  above  place  for  that  purpose,  or  otherwise, 
as  they  may  be  able. 

By  command  of  Major  General  Wallace: 

SAMUEL  B.  LAWRENCE,  Asst.  Adj.  Gen. 

Official:  MAX  WOODHULL,  A.  D.  C. 

THE  PRESIDENT'S  PROCLAMATION  UNDER  THE  CON 
FISCATION  LAW. 

In  pursuance  of  the  sixth  section  of  the  act 
of  Congress  entitled  "  An  act  to  suppress  insur- 


rection,to  punish  treason  and  rebellion,  to  seize 


wbo  shce 
siny   morn- 


e     bond,   note,   or  other    security,    or   any 


to  any  agent,  attorney,  or  representative  of  any  of  the 
'hall,  with  the  least  possible  delay,  and  not 


* 

the  Middle  department,  a  written  statement  verified  under 
oath  setting  forth  the  names  and  address  of  all  persons  to 

SST5S    nfth  day  of  July  in  .he  ye.r  of  our  Lord  one 

thousand  eight  hundred  and  sixty-two,  and  , 
Independence    of    the     United    States    the 


which  it  is  due  or  has  been  paid,  the  nature  of  the  debt, 

uh.-tbir  bond,  (secured  or  not  by  mortgage,)  or  note,  or     ^    1U 

other  security  or  evidence  of  debt  whatsoever,  and  the  date        ...      apvpnti. 
of  ite  maturity. 

3d.  It  is  ordered  that  all  corporations  and  joint  stock 
companies,  and  all  individuals  within  this  department  who     $     tne  President : 

now  occupy  or  enjoy  the  use  of,  or  since  May  1st,  1863,        '  _       „    gEWAHD    Secretary  of  State. 

Wo  occupied  or  enjoyed  the  use  of  any  lands,  tenements,  ,  !»•  «•  a. 


ABRAHAM  LINCOLN. 


EMANCIPATION. 


209 


EMANCIPATION. 


Compensated   Emancipation. 

Second   Session,  Thirty-Sixth  Congress. 
IN  HOUSE. 

Feb.  11,  1861 — Mr.  JAMES  B.  McKEAN,  of 
New  York,  introduced  into  the  House  the  fol 
lowing  resolution,  which — Mr.  BURNETT,  of 
Kentucky,  indicating  a  desire  to  discuss  it — 
was  laid'ou  the  table  under  the  rule,  and  was 
not  again  considered  : 

Whereas  the  ':Gulf  States"  have  assumed  to  secede  from 
tin-  Union,  and  it  is  deemed  important  to  prevent  the  •'  bor 
der  blav.i  States"  from  following  their  example;  and  whereas 
it  is  believed  that  those  who  are  inflexibly  opposed  to  any 
measure  of  compromise  or  concession  that  involves,  or  may 
involve,  a  sacrifice  of  principle  or  the  extension  of  slavery, 
would  nevertheless  cheerfully  concur  in  any  lawful  measure 
for  the  emancipation  of  the  slaves:  Therefore, 

Rexolrcd.  That  the  select  committee  of  five  be  instructed 
to  inquire  whether,  by  the  consent  of  the  people,  or  of  the 
State  governments,  or  by  compensating  the  slaveholders,  it 
be  practicable  for  the  General  Government  to  procure  the 
emancipation  of  the  slaves  in  some,  or  all,  of  the  "border 
States;''  and  if  so,  to  report  a  bill  for  that  purpose. 

Second  Session,  Thirty-Seventh  Congress. 
THE  PRESIDENT'S  RECOMMENDATION  TO  CONGRESS. 
March  6,  1862 — The  PRESIDENT  sent  the  fol 
lowing  message  to  Congress  : 

fWUw-Citizens  of  the  Senate 

and  House  of  Representatives : 

I  recommend  the  adoption  of  a  joint  resolu 
tion  oy  your  honorable  bodies,  which  shall  be 
substantially  as  follows  : 

Sesolved,  That  the  United  States  ought  to  co-operate 
•with  any  State  which  may  adopt  gradual  abolishment  of 
slavery,  giving  to  such  State  pecuniary  aid,  to  be  used  by 
such  Ktate  in  its  disci etion,  to  compensate  for  the  incon- 
f enienee*,  jmblic  and  private,  produced  by  auch  change  of 
system. 

If  the  proposition  contained  in  the  resolution 
does  not  meet  the  approval  of  Congress  and 
the  country,  there  is  the  end;  but  if  it  does 
command  such  approval,  I  deem  it  of  impor 
tance  that  the  States  and  people  immediately 
interested  should  be  at  once  distinctly  notified 
of  the  fact,  so  that  they  may  begin  to  consider 
whether  to  accept  or  reject  it.  The  Federal 
Government  would  find  its  highest  interest  in 
such  a  measure,  as  one  of  the  most  efficient 
means  of  self-preservation.  The  leaders  of  the 
existing  insurrection  entertain  the  hope  that 
this  Government  will  ultimately  be  forced  to 
acknowledge  the  independence  of  some  part  of 
the  disaffected  region,  and  that  all  the  slave 
States  north  of  such  part  will  then  say,  "the 
Union  for  which  we  have  struggled  being 
already  gone,  we  now  choose  to  go  with  the 
southern  section."  To  deprive  them  of  this 
hope,  substantially  ends  the  rebellion  ;  and  the 
initiation  of  emancipation  completely  deprives 
them  of  it  as  to  all  the  States  initiating  it.  The 
point  is  not  that  all  the  States  tolerating  slavery 
would  very  soon,  if  at  all,  initiate  emancipation ; 
but  that,  while  the  offer  is  equally  made  to  all, 
the  more  northern  shall,  by  such  initiation, 
make  it  certain  to  the  more  southern  that  in  no 
14 


event  will  the  former  ever  join  the  latter  in  their 
proposed  confederacy.  I  say  "initiation,"  be 
cause,  in  rny  judgment,  gradual,  and  not  sudden 
emancipation,  is  better  for  all.  In  the  mere 
financial  or  pecuniary  view,  any  member  of 
Congress,  with  the  census  tables  and  Treasury 
.•eports  before  him,  can  readily  see  for  himself 
how  very  soon  the  current.t^xpenditures  of  this 
war  would  purchase,  at  fair  valuation,  all  the 
slaves  in  any  named  State.  Such  a  proposition 
on  the  part  of  the  General  Government  sets  up 
no  claim  of  a  right  by  Federal  authority  to  in- 
rerf  re  with  slavery  within  State  limits,  refer- 
ting,  as  it  does  the  absolute  control  of  the  sub 
ject  in  each  case  to  the  State  and  its  people  im 
mediately  interested.  It  is  proposed  as  a  mat 
ter  of  perfectly  free  choice  with  them. 

In  the  annual  message  last  December,  I 
thought  fit  to  say,  "the  Union  must  be  pre 
served  ;  and  hence  all  indispensable  means  must 
be  employed."  1  said  this  not  hastily,  but  de 
liberately.  War  has  been  made,  and  continues 
to  be  an  indispensable  means  to  this  end.  A. 
practical  reacknowledgment  of  the  national  au 
thority  would  render  the  war  unnecessary,  and 
it  would  at  once  cea^e.  If,  however,  resistance 
continues,  the  war  must  also  continue;  and  it 
is  impossible  to  foresee  all  the  incidents  which 
may  attend,  and  all  the  ruin  wlr'ch  may  follow 
it.  Such  as  may  seem  indispensable,  or  may 
obviously  promise  great  efficiency  toward  end 
ing  the  struggle,  must  and  will  come. 

The  proposition  now  made,  though  an  offer 
only,  I  hope  it  may  be  esteemed  no  offence  to 
ask  whether  the  pecuniary  consideration  ten 
dered  would  not  be  of  more  value  to  the  States 
and  private  persons  concerned,  than  are  the  in 
stitution,  and  property  in  it,  in  the  present  as 
pect  of  affairs? 

While  it  is  true  that  the  adoption  of  the  pro 
posed  resolution  would  be  merely  initiatory, 
and  not  within  itself  a  practical  measure,  it  is 
recommended  in  the  hope  that  it  would  soon 
lead  to  important  practical  results  In  full 
view  of  my  great  responsibility  to  my  God  and 
to  my  country,  I  earnestly  beg  the  attention  of 
Congress  and  the  people  to  the  subject. 

ABRAHAM  LINCOLN. 

March  6,  1862. 

IN  HOUSE. 

March  10 — Mr.  ROSCOE  CONKLINO,  of  New 
York,  introduced  under  a  suspension  of  the 
rules,  which  was  carried— yeas  86,  nays  35, 
this  joint  resolution  : 

Resolved,  d-c.,  That  the  United  States  ought  to  co-operate 
with  any  State  which  may  adopt  gradual  abolishment  of  h-la- 
very,  giving  toFuch  State  pecuniary  aid,  to  boused  by  such 
State  in  its  discretion,  to  compensate  for  the  inconveniences, 
public  and  private,  produced  by  such  change  of  system. 

March   11 — The  resolution  passed  the  House 
of  Representatives  —yeas   97,    nays  36,  as  fol 
lows : 
YKAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baker. 


210 


EMANCIPATION. 


Baxter,  B^aman,  Bingham,  Francis  P.  Blair,  Jacob  B.  Blair, 
Samuel  S.  Blair,  Blake,  William  G.  Brown,  Buffintori,  Camj 
bell.  Chamberlain,  Clark,  Clements,  f.'obl>,Co\i'ax.,  Frederick 
A.  ConkMug,  Roscoo  Conkling,  Con  way,  Covode,  Cutler, 
Davis,  Delano,  Diven.Duell,  Dunn.  Edgerton,  Kdwards,  Kliot, 
Ely,  Fessenden,  Fisher,  Franrhot,  Frank,  Gooch,  Goodwin, 
Granger,  Gurley,  llaif/ld,  Hale.  Harrison,  Ilickman,  Hooper. 
Borton,  Hntchins,  Julian,  Kelley,  Francis  W.  Kellogg,  Wil 
liam  Kellogg.  Killinger,  Lansing,  Lehman,  Loomia,  Lovejoy, 
MeKnighr, 'McPherson,  Mitchell,  Moorhead,  Anson  P.  Mor- 
rill,  Justin  S.  Morrill,  Nixon,  Oliii,  Patton,  Tini(;thy  G. 
Phelpa.  Pike,  Pomeroy,  Porter,  Alexander  II.  Rice-,  John  II. 
Rice,  Riddle,  Edward  II.  Rollins,  Sargent,  Shanks,  Kl,t't!i<l<l, 
Bhtllabarger,  Sloan,  Stratton,  B.  F.  lTM>mA«,Trimble,TTOW' 
bridge,  Van  Valkenburgh,  Verree,  Wall,  Wallace,  Charles 
W.Walton,  E.  P.Wulton.Wlmley,  Wheeler,  Alberts.  White, 
Wilson,  Windom,  Worcester — 97. 

NAYS — Messrs.  Ancona,  Joseph  Kaily,  Biddle,  Calrrrt,  C»rn- 
ir/f/,  Cos,  Cravens,  Crisjldd,  ('ritlemlen,  Dunlap,  English,  Gri- 


worth,  Ward,  CluUxmA.  White,  Wicldiffe,  Wood,  Woodruff— 36. 

April  2 — The  resolution  passed  the  Senate — 
yeas  32,  nays  10,  as  follows 

YEAS— Messrs.  Anthony,  Browning,  Chandler,  Clark, 
Collamer,  Davis,  Dixon,  Doollttle, Pewenden,  Foot,  Foster, 
Grimes,  Hale,  llarlan,  Henderson,  Howard,  Howe,  King, 
Lane  of  Indiana,  Lane  of  Kansas,  Mori-ill,  Pomeroy,  Sher 
man,  Boomer,  Tea  Eyek.  Tliomson,  Trumbull,  Wade,  Wil 
kinson,  Willey,  Wilmot,  Wilson  of  Massachusetts — 32. 

NAYS —  M essrs.  Bayard,  Carlile,  Kennedy,  Latham,  Nesmith, 
Powell,  Salisbury,  Stark,  Wilson,  of  Missouri,  Wright— 10. 

MEMORANDUM  OF  AN  INTERVIEW  BETWEEN  THE 
PRESIDENT  AND  SOME  BORDER  SLAVE  STATE 
REPRESENTATIVES,  MARCH  10,  1862,  BY  HON. 
J.  W.  CRISFIELD. 

'•DEAR,  SIR:  I  called,  at  the  request  of  the  President,  to 
ask  you  to  come  to  the  White  House  to-morrow  morning, 
at  nine  o'clock,  and  bring  such  of  your  colleagues  aa  are  in 
town." 

WASHINGTON,  March  10,  1862. 

Yesterday  on  my  return  from  church  I  found 
Mr.  Postmaster  General  Blair  in  my  room, 
writing  frhe  above  note,  which  he  immediately 
suspended,  and  verbally  communicated  the 
President's  invitation ;  and  stated  that  the 
President's  purpose  was  to  have  some  conver 
sation  with  the  delegations  of  Kentucky,  Mis 
souri,  Maryland,  Virginia,  and  Delaware,  in 
explanation  of  his  message  of  the  6th  inst. 

This  morning  these  delegations,  or  such  of 
them  as  were  irfTown,  assembled  at  the  White 
House  at  the  appointed  time,  and  after  some 
little  delay  were  admitted  to  an  audience.  Mr. 
Leary  and  myself  were  the  only  members  from 
Maryland  present,  and,  I  think,  were  the  only 
members  of  the  delegation  at  that  time  in  the 
city.  I  know  that  Mr.  Pearce,  of  the  Senate, 
and  Messrs.  Webster  and  Calvert,  of  the  House, 
were  absent. 

After  the  usual  salutations  and  we  were 
seated,  the  President  said,  in  substance,  that 
he  had  invited  us  to  meet  him  to  have  some 
conversation  with  us  in  explanation  of  his  mes 
sage  of  the  6th  ;  that  since  he  had  sent  it  in 
several  of  the  gentlemen  then  present  had 
visited  him,  but  had  avoided  any  allusion  to 
the  n.u's?age,  and  he  therefore  interred  that  the 
import  of  the  message  had  been  misunderstood, 
and  was  regarded  as  inimical  to  the  interests 
we  represented ;  and  he  had  resolved  he  would 
talk  with  us,  and  disabuse  our  minds  of  that 
erroneous  opinion. 

The  President  then  disclaimed  any  intent  to 
injure  the  interests  or  wound  the  sensibilities 
of  the  slave  States.  On  the  contrary,  his  pur 


pose  was  to  protect  the  one  and  respect  the 
other;  that  we  were  engaged  in  a  terrible, 
wasting,  and  tedious  war;  immense  armies 
were  in  the  field,  and  must  continue  in  the  field 
as  long  as  the  war  lasts;  that  these  armies 
must,  of  necessity,  be  brought  into  contact  with 
slaves  in  the  States  we  represented  and  in  other 
States  as  they  advanced :  that  slaves  would 
come  to  the  camps  and  continual  irritation  was 
kept,  up ;  that  he  was  constantly  annoyed  bv 
conflicting  and  antagonistic  complaints  ;  on  the 
one  side,  a  certain  cluss  complained  if  the  slave 
was  not  protected  by  the  army  ;  persons  were 
frequently  found  who,  participating  in  these 
views,  acted  in  a  way  unfriendly  to  (he  slave 
holder ;  on  the  other  hand,  slaveholders  com 
plained  that  their  rights  were  interfered  with, 
their  slaves  induced  to  abscond  and  protected 
within  the  lines  ;  these  complaint?  were  numer 
ous,  loud,  and  deep  ;  were  a  serious  annoyance 
to  him  and  embarrassing  to  the  progress  of  the 
war  ;  that  it  kept  alive  a  spirit  hostile  to  the 
Government  in  the  States  we  represented  ; 
strengthened  the  hopes  of  the  confederates  that 
at  some  day  the  border  States  would  unite  with 
them,  and  thus  tend  to  prolong  the  war  ;  and 
he  was  of  opinion,  if  this  resolution  should  b» 
adopted  by  Congress  and  accepted  by  our  States, 
these  causes  of  irritation  and  these  hopes  would 
be  removed,  and  more  would  be  accomplished 
towards. shortening  the  war  than  could  be  hoped 
from  the  greatest  victory  achieved  by  Union 
armies  ;  that  he  made  this  proposition  in  good 
faith,  and  desired  it  to  be  accepted,  if  at  all, 
voluntarily,  and  in  the  same  patriotic  spirit  in 
which  it  was  made;  that  emancipation  was  a 
subject  exclusively  under  the  control  of  the 
States,  and  must  be  adopted  or  rejected  by  each 
for  itself;  that  he  did  not  claim  nor  had  this 
Government  any  right  to  coerce  them  for  that 
purpose ;  that  such  was  no  part  of  his  purpose 
in  making  this  proposition,  and  he  wished  it  tc 
be  clearly  understood;  that  he  did  not  expect 
us  there  to  be  prepared  to  give  him  an  answer, 
but  he  hoped  we  would  take  the  subject  into 
serious  consideration  ;  confer  with  one  another, 
and  then  take  such  course  as  we  felt  our  duty 
and  the  interests  of  our  constituents  required 
of  us. 

Mr.  N)ELL,  of  Missouri,  said  that  in  his 
State  slavery  was  not  considered  a  permanent 
institution  ;  that  natural  causes  were  there  in 
operation  which  would,  at  no  distant  day,  ex 
tinguish  it,  and  he  did  not  think  that  this  prop 
osition  was  necessary  for  that ;  and,  besides 
that,  he  and  his  friends  felt  solicitous  as  to  the 
message  on  account  of  the  different  construc 
tions  which  the  resolution  and  message  had 
received.  The  New  York  Tribune  was  for  it, 
and  understood  it  to  mean  that  we  must  accept 
gradual  emancipation  according  to  the  plan 
suggested,  or  get  something  worse. 

The  PRESIDENT  replied,  he  must  not  be  ex 
pected  to  quarrel  with  the  New  York  Tribune 
before  the  right  time;  he  hoped  never  to  have 
to  do  it ;  he  would  not  anticipate  events.  In 
respect  to  emancipation  in  Missouri,  he  said 
that  what  had  been  observed  by  Mr.  Noell  was 
probably  true,  but  the  operation  of  these  nat 
ural  causes  had  not  prevented  the  irritating 


EMANCIPATION. 


211 


conduct  to  which  he  had  referred,  or  destroyed 
the  hopes  of  the  Confederates  that  Missouri 
would  at  some  time  range  herself  alongside  of 
them,  which,  in  his  judgment,  the  passage  of 
this  resolution  by  Congress  and  its  acceptance 
by  Missouri  would  accomplish. 

Mr.  URISFII:LD.  of  Maryland,  asked  what 
would  be  the  effect  of  the  refusal  of  the  State 
to  accept  this  proposal,  and  desired  to  know  if 
the  President  looked  to  any  policy  beyond  the 
acceptance  or  rejection  of  this  scheme. 

The  PRESIDENT  replied  that  he  had  no  designs 
beyond  the  action  of  the  States  on  this  particu 
lar  subject.  He  should  lament  their  refusal  to 
accept  it,  but  he  had  no  designs  beyond  the;r 
refusal  of  it. 

Mr.  MENZIES,  of  Kentucky,  inquired  if  the 
President  thought  there  was  any  power  except 
in  the  States  themselves  to  carry  out  his 
scheme  of  emancipation. 

The  PRESIDENT  replied,  he  thought  there 
could  not  be.  He  then  went  oif  into  a  course 
of  remark  not  qualifying  the  foregoing  decla 
ration  nor  material  to  be  repeated  to  a  just  un 
derstanding  of  his  meaning. 

Mr.  CRISPIELD  said  he  did  not  think  the 
people  of  Maryland  looked  upon  slavery  as  a 
permanent  institution ;  and  he  did  not  know 
that  they  would  be  very  reluctant  to  give  it  up 
if  provision  was  made  to  meet  the  loss,  and 
they  could  be  rid  of  the  race  ;  but  they  did  not 
like  to  be  coerced  into  emancipation,  either  by 
the  direct  action  of  the  Government  or  by  indi 
rection,  as  through  the  emancipation  of  slaves 
in  this  District,  or  the  confiscation  of  southern 
property  as  now  threatened ;  and  he  thought 
before  they  would  consent  to  consider  this 
proposition  they  would  require  to  be  informed 
on  these  points. 

The  PRESIDENT  replied  that,  "  unless  he  was 
expelled  by  the  act  of  God  or  the  Confederate 
armies,  he  should  occupy  that  house  for  three 
years,  and  as  long  as  he  remained  there  Mary 
land  bad  nothing  to  fear,  either  for  her  institu 
tions  or  her  interests,  on  the  points  referred  to." 

Mr.  CRISFIELD  immediately  added :  u  Mr. 
President,  if  what  you  now  say  could  be  heard 
by  the  people  of  Maryland  they  would  consider 
your  proposition  with  a  much  better  feeling 
than  I  fear  without  it  they  will  be  inclined  to 
do." 

The  PRESIDENT.  "That  (meaning  a  publi 
cation  of  what  he  said)  will  not  do;  it  would 
force  me  into  a  quarrel  before  the  proper  time ;" 
and,  again  intimating,  as  he  had  before  done, 
that  a  quarrel  with  the  "  Greeley  faction"  was 
impending,  he  said  "  he  did  not  wish  to  en 
counter  it  before  the  proper  time,  nor  at  all  if 
it  could  be  avoided." 

Governor  WJCKLIFFE,  of  Ky.,  then  asked  him 
respecting  the  constitutionality  of  his  scheme. 

The  PRESIDENT  replied :  "As  you  may  sup 
pose,  I  have  considered  that ;  and  the  proposi 
tion  now  submitted  does  not  encounter  any 
constitutional  difficulty.  It  proposes  simply  to 
co-operate  with  any  State  by  giving  such  State 
pecuniary  aid;  and  he  thought  that  the  reso 
lution,  as  proposed  by  him,  would  be  consid 
ered  rather  as  the  expression  of  a  sentiment 
than  as  involving  any  constitutional  question." 


Mr.  HALL,  of  Mo.,  thought  that  if  this  pro 
position  was  adopted  at  all  it  should  be  by  the 
votes  of  the  free  States,  and  come  as  a  propo 
sition  from  them  to  the  slave  States,  affording 
them  an  inducement  to  put  aside  this  subject 
of  discord;  that  it  ought  not  to  be  expected 
that  members  representing  slaveholding  con 
stituencies  should  declare  at  once,  and  in  ad 
vance  of  any  proposition  to  them,  for  the 
emancipation  of  slavery. 

The  PRESIDENT  said  he  saw  and  felt  the  force 
of  the  objection  ;  it  was  a  fearful  responsibility, 
and  every  gentleman  must  do  as  he  thought 
best;  that  he  did  not  know  how  this  scheme 
was  received  by  the  members  from  the  free 
States  ;  some  of  them  had  spoken  to  him  and 
received  it  kindly  ;  but  for  the  most  part  they 
were  as  reserved  and  chary  as  we  had  been, 
and  he  could  not  tell  how  they  would  vote. 
And  in  reply  to  some  expression  of  Mr.  Hall 
as  to  his  own  opinion  regarding  slavery,  he 
said  he  did  not  pretend  to  disguise  his  anti- 
slavery  feeling;  that  he  thought  it  was  wrong 
and  should  continue  to  think  so;  but  that  was 
not  the  question  we  had  to  deal  with  now. 
Slavery  existed,  and  that,  too,  as  well  by  the 
act  of  the  North  as  of  the  South  ;  and  in  any 
scheme  to  get  rid  of  it,  the  North,  as  well  aa 
the  South,  was  morally  bound  to  do  its  full  and 
equal  share.  He  thought  the  institution  wrong, 
and  ought  never  to  have  existed ;  but  yet  he  "\ 
recognized  the  rights  of  property  which  had  r 
grown  out  of  it,  and  would  respect  those  rights 
as  fully  as  similar  rights  in  any  other  property  ; 
that  property  can  exist,  and  does  legally  exist. 
He  thought  such  a  law  wrong,  but  the  rights 
of  property  resulting  must  be  respected ;  he 
would  get  rid  of  the  odious  law,  not  by  violat 
ing  the  right,  but  by  encouraging  the  proposi 
tion  and  offering  inducements  to  give  it  up. 

Here  the  interview,  so  far  as  this  subject  is 
concerned,  terminated  by  Mr.  Crittenden's 
assuring  the  President  that,  whatever  might 
be  our  final  action,  we  all  thought  him  solely 
moved  by  a  high  patriotism  and  sincere  devo 
tion  to  the  happiness  and  glory  of  his  country  ; 
and  with  that  conviction  we  should  consider 
respectfully  the  important  suggestions  he  had 
made. 

After  some  conversation  on  the  current  war 
news,  we  retired,  and  I  immediately  proceeded 
to  my  room  and  wrote  out  this  paper. 

J.  W.  CRISFIELD. 

We  were  present  at  the  interview  described 
in  the  foregoing  paper  of  Mr.  CRISPIELD,  and 
we  certify  that  the  substance  of  what  passed 
on  the  occasion  is  in  this  paper  faithfully  and 
fully  given. 

J.  W.  MENZIES, 
J.  J._  CRITTENDEN, 

March  10,  1862. 


R.  MALLORY. 


COMPENSATED  EMANCIPATION  IN  THE  DISTRICT  OF 
COLUMBIA. 

April  16— A  bill  was  passed  liberating  all 
persons  of  African  descent  held  to  service  or 
labor  within  the  District  of  Columbia,  and  pro 
hibiting  slavery  or  involuntary  servitude  in  the 


212 


EMANCIPATION. 


District  except  as  a  punishment  for  crime.  It 
provided  for  a  commission  to  appraise  the  val 
uation  of  the  slaves  liberated,  but  limited  their 
allowance  in  the  aggregate  to  an  amount  equal 
to  $300  per  slave ;  and  appropriated  $1,000,000 
to  pay  loyal  owners,  and  $100,000  to  colonize 
such  of  the  slaves  as  desired  to  emigrate  to 
Hsiyti  or  Liberia,  this  expenditure  not  to  ex 
ceed  $100  for  each  person  emigrating.* 

*  Pending  the  civil  appropriation  bill  in  the  Senate  and 
House,  Juno  25  and  29, 1864,  a  section  was  adopted  without 
it  division,  repealing  this  section,  and  also  that  part  of  the 
lirst  section  of  the  civil  appropriation  bill  of  July  16, 1802, 
which  appropriated  £500,000  to  colonize  emancipated  slaves 
of  the  District  of  Columbia,  to  be  repaid  to  the  Treasury  out 
of  the  proceeds  of  confiscated  property. 

This  report  from  the  Secretary  of  the  Interior,  March  7, 
1864,  to  the  President,  gives  a  statement  of  the  results  of  the 
experiment : 

DEPARTMENT  OF  THE  INTERIOR, 

WASHINGTON,  D.  C.,  March  7, 1864. 

SIR  :  I  have  the  honor  to  return  herewith  the  letter  of 
lion.  Benjamin  F.  Wade,  chairman  of  the  Committee  on  j 
Territories  in  the  Senate,  requesting  to  be  informed  how 
much  of  the  fund  appropriated  by  the  Thirty-Seventh  Con 
gress  for  colonization  purposes  has  been  paid  out,  Cor  what 
purpose,  and  to  whom,  which  you  referred  to  this  Depart 
ment  for  report,  and  to  state  that  as  the  accounts  of  all  the 
persons  to  whom  money  was  advanced  for  colonization  pur 
poses  have  not  yet  been  finally  settled  at  the  Treasury,  I 
»m  not  able,  at  the  present  time,  to  state  the  exact  amount 
actually  expended.  The  total  amount  drawn  from  the 
Treasury  up  to  the  present  time,  however,  is  $33,226  97. 

It  was  paid  or  advanced  to  the  following  named  persons, 
and  for  the  objects  herein  stated : 
Amount  paid  to  John  D.  Defrees,  Superintendent 
of  Public  Printing,  for  binding  in  paper  5,000 

copies  "  White  and  African  Races" $127  50 

Amount  paid  Green  &  Williams  for  six  cane-seat 

chairs 1200 

Amount  advanced  Hon.  S.  0.  Pomeroy,  special 

agent  for  colonization  in  Central  America 25,000  00 

Amount  paid  Watt  J.  Smith  for  traveling  ex 
penses  to  New  York  and  back  52  40 

Amount  paid  John  P.  Usher  for  traveling  ex 
penses  to  New  York  and  back,  and  for  advance 
made  to  agent  sent  to  the  East  to  obtain  in 
formation  in  relation  to  colonization 152  40 

Amount  paid  .fames  Mitchel,  lor  clerical  services 
of  W.  13.  Smith  and  Thomas  K.  Smith;  for  ser 
vices  of  Rev.  A.  Bemar,  (colored  minister;)  and 
for  advance  to  J.  E.  Williams,  (colored,)  agent 

of  A.  W.Thompson 112  00 

Amount  advanced  Rev.  R.  11.  Gurley,  correspond 
ing  secretary  of  the  American  Colonization  So 
ciety,  to  aid  the  Rev.  Chancey  Leonard,  pastor 
of  the  First  Baptist  Church  in  Washington  city, 
in  visiting  Liberia,  with  reference  to  the  estab- 

niont  of  a  colony  on  the  St.  John's  river 

Amount  paid  Augustus  A.  Smith,  as  clerk 

Amount  paid  J.  Mitchell,  for  office  furniture,  and 

for  services  of  J.  W.  Menard,  in  emigration  olfice 

Amount  paid  J.  W.  Menard,  for  services  as  clerk 

in  emigration  office 

Amount  paid  Aug.  A.  Smith,  for  services  as  clerk 
Amount  paid  J.  W.  Fitzhugh,  for  furniture  for 

emigration  office 

Amount  paid  James  Mitchell  to  31st  December, 

1863,  as  agent  of  emigration 2,838  46 

Amount  advanced  to  D.  C.  Donnohue,  to  defray 

his  expenses  as  special  agent  to  He  a  Vache.... 

Amount  paid  Cronin,  Ilurxthal  &  Sears,  forcloth- 

ing  purchased  and  sent  to  colonists  at  He  -i 

Vache  

Amount  paid  to  Ilurxthal  &  Barnum,  for  clothing 
purchased  and  sent  to  colonists  at  He  a  Vache. 
Amount  paid  American  Colonization  Society,  for 
passage  engaged  for  J.  W.  Mcuard  to  Liberia... 
Amount  paid  American  Colonization  Society,  for 
passage,  &c.,  to  Liberia  of  three  colored  emi 
grants  from  the  District  of  Columbia 

Amount  paid  Wilson  <fe  Cammann,  for  draft  of 

D.  C.  Donnohue.  special  agent 750  00 

Amount  paid  Hallet  Kilbourn,  for  traveling  ex 
penses  to  New  York  as  special  agent  to  pur 
chase  clothing  for  the  relief  of  the  colonists  at 
He  a  Vache - 61  *0 

Making  in  all 33,226  97 


200  00 
18  33 


60  00 


50  00 
100  00 


326  15 


300  00 


900  00 

1,786  33 

95  00 


285  00 


April  3 — The  bill  passed  the  Senate — yeas 
29,  nays  14  ;  as  follows  : 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster.  Grimes, 
Hale,  Harlau,  Harris,  Howard,  Howe,  King.  Lane  of  Indi 
ana,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman.  Surnner, 
Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wiliaot,  Wilson  of 
Massachusetts — 29. 

NAYS — Messrs.  Bayard,  Carlilf.,  Davis;  Henderson,  Ken 
nedy,  Latham,  McDougall,  Nfrmith,  Powell,  Saulsuury,  Stark, 
Willey,  Wilson  of  Missouri,  Wright— 14. 

April  11 — It  passed  the  House — yeas  92,  nays 
39,  as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baker,  Baxter,  Beaman.  Bingham,  Francis  P.  Blair,  Samuel 
S.  Blair,  Blake,  Geargt  If.  Browne,  Buffinton,  Campbell, 
Chamberlain,  Clark,  Colfax,  Frederick  A.  Conkling,  Roscoe 
Conkling,  Covode.  Davis,  Dawes,Delano,Diven,Duell,  Dunn, 
Edgerton,  Edwards,  Eliot,  English,  Fenton,  Fessonden. 
Fisher,  Franchot,  Frank,  Gooch,  Goodwin.  Granger,  Hai'tfit. 
Hale,  Hanchett,  Harrison,  Hickmau,  Hooper,  Hutchins. 
Julian,  Kelley,  Francis  W.  Kellotrg,  Killinger,  Lansing. 
Loomis,  Lovejoy,  McKnight,  Me  Pliers*  m,  Mitchell,  Moor- 
head,  Anson  P.  Morrill,  Justin  S.  Morrill.  Nixon,  0rfeM,01in. 
Patton,  Pike,  Porter,  Potter,  Alexander  If.  Rice.  John  H. 
Rice,  Riddle,  Edward  II.  Rollins,  Sargent,  Sedgwick.  Shanks, 
Sheffield,  Shellabarger,  Sloan.  Spaulding,  Stevens.  Stratton. 
Benjamin  F.  Thomas,  Train,  Trowbridge,  Van  Horn,  Van. 
Valkenburgh,  Verree,  Wallace,  E.  P.  Walton,  Washburne, 
Wheeler,  Albert  S.  White,  Wilson,  Windom— 92. 

NAYS— Messrs.  Allen,  Joseph  Baihj,  Biddle,  Jacob  B.  Blair, 
William  G.  Brown,  Casey,  Crittendcn,  Ddaplainn,  Dunlfp, 
Grider,  Hall,  Harding,  Hnlman,  Johnson,  Knupp,  Law,  Lu- 


hees,  Wadsworth,  Ward,  Chilton  A.  White,  Wickliffe,  Wriyht 
—39. 

April  16 — The  PRESIDENT  sent  to  Congress 
this  message  : 

Fellow-Citizen*  of  the  Senate  and 

House  of  Representatives  : 

The  act  entitled  "An  act  for  the  release  of 
certain  persons  held  to  service  or  labor  in  the 
District  of  Columbia,"  has  this  day  been  ap 
proved  and  signed. 

I  have  never  doubted  the  constitutional  au 
thority  of  Congress  to  abolish  slavery  in  this 
District ;  and  1  have  ever  desired  to  see  the  na 
tional  capital  freed  from  the  institution  in  some 
satisfactory  way.  Hence  there  has  never  been 
in  my  mind  any  question  upon  the  subject  ex 
cept  the  one  of  expediency,  arising  in  view  of 
all  the  circumstances.  If  there  be  matters 
within  and  about  this  act  which  might  have 
taken  a  course  or  shape  more  satisfactory  to  my 
judgment,  I  do  not  attempt  to  specify  them.  I 
am  gratified  that  the  two  principles  of  compen 
sation  and  colonization  are  both  recognized  and 
practically  applied  in  the  act.  In  the  matter 
of  compensation,  it  is  provided  that  claims  may 
be  presented  within  ninety  days  from  the  pass 
age  of  the  act,  •'  but  >aot  thereafter  ;"  and  there 


It  is  proper  that  I  should  state  that  the  claim  of  Messrs. 
Fv;bes  &  Tuckerman.  for  transporting  a  number  of  emi 
grants  to  lie  a  Vache,  >a  not  yet  liquidated,  and  that  the 
colonization  fund  is  also  liable  for  the  expenses  which  havf 
been  incurred  by  the  special  agent  sent  by  the  Government 
to  He  a  Vache  to  look  into  and  report  upon  the  condition 
of  the  colonists  then*.  The  agent  has  not  yet  returned 
and  consequently  the  expenses  incurred  by  him  cannot 
now  be  ascertained.  It  is  also  liable  for  the  expenses  of 
the  vessel  sent  «ut  to  return  the  colonists  to  the  United 

IN  HOUSE. 

April  5, 1864— Mr.  Cox  asked  leave  to  offer  this  resolution, 
but  it  was  objected  to: 

Kf solved,  That  the  Secretary  of  State  communicate  to 
this  House  all  correspondence"  between  our  consul  at  Aux 
Cayes  and  the  State  Department  in  regard  to  our  colony 
of  blacks  at  the  Isle  &  Vache. 


EMANCIPATION. 


213 


is  no  saving  for  minors,  femmes  covert,  insane,  or  ] 
aosent  persons.     I  presume  this  is  an  omission  ' 
by  mere  oversight,  and  I  recommend  that  it  be 
supplied  by  an  amendatory  or  supplemental  act. 

ABhAHAM  LINCOLN. 

An  amendatory  bill,  meeting  the  President's 
suggestions,  was  passed  in  the  House — yeas 
69.  nays  36 ;  and  in  the  Senate — yeas  28,  nays 
6,  and  approved  by  him. 

COMPENSATED    EMANCIPATION   IN    THE    BORDER 
STATES. 

IN   HOUSE. 

2862,  April  7 — Mr.  ALBERT  S.  WHITE,  of  In 
diana,  offered  a  resolution  for  the  appointment 
of  a  select  committee  ef  nine  members,  to  re 
port  whether  any  plan  can  be   proposed   and  I 
recommended  for  the  gradual  emancipation  of  j 
all  the  African    slaves,   and   the  extinction  of  j 
slavery  in  Delaware,  Maryland,  Virginia,  Ken-  j 
tucky,  Tennessee,  and  Missouri,  by  the  people  j 
•or   local  authorities  thereof,  and  how  far  and  j 
in   what,  way   the  Government   of  the   United 
States  can  and  ought  equitably  to  aid  in  facili 
tating  either  of  the  above  objects. 

Mr.  MALLORY  moved  to  lay  the  resolution  on 
the  table,  which  was  disagreed  to — yeas  51,  nays 
€8;  and  the  resolution  was  adopted — yeas  67, 
nays  52,  as  follows  : 

YEAS— Messrs.  Alley,  Arnold,  Ashley,  Babbitt,  Baker, 
Baxter,  Beaman,  Eingham,  Francis  P.  Blair,  Blake,  Buffin- 
•ton,  Campbell,  Chamberlain, Clark.  Colfax,  Frederick  A. 
•Conkling,  Davis,  Dawes,  Duell,  Edgerton,  Eliot,  Fenton, 
Fessenden,  Gurley,  Hanchett,  llickman,  llutchins,  Jiilian, 
Kelley,  Francis  W.  Kellogg,  Lansing.  Loomis,  Lovejoy,  Mc- 
KKlfeht,  McPherson,  Moorhead,  Anson  P.  Merrill,  Justin  S. 
Morrill,  Nixon,  Olin,  Pike,  Pomeroy,  Potter,  Alexander  II. 
Rice,  John  II.  Rice,  Riddle,  Edward  II.  Rollins,  Sargent, 
.Shanks,  Sheffield,  Shellabarger,  Sherman,  Sloan,  Stevens, 
Stratton,  Train,  Van  Horn,  Van  Valkenburgh,  Verree,  Wal 
lace,  Charles  W.  Walton,  E.  P.  Walton,  Washburne, 
Wheeler,  Albert  S.  White,  Wilson,  Windom— 67. 

NAYS— Messrs.  Allen,  Biddle,  Jacob  B.  Blair,  George  If. 
Brr.wne,  William  G.  B^own,  Culvert,  Casey,  Cobb,  Coming, 
Cox,  Cravens,  Critlendcn,  Delano,  Delaplaine,  Diven,  Dunlap, 
Enijli-sh,  Fisher,  Grid<r,Hai/jht,IIa>-ding,H3irTison,  Horton, 
Kerrigan,  Knupp,  Law,  Lascar,  Leary,  Lehman,  Mallory, 
Mi'nnes,  Mitchell,  Noble,  Noe.ll,  Norton,  Nugen,  Pcndleton, 
Ptrry,  Timothy  G.  Phelps,  Price,  Ricliurdion,  SJiiel,  Smith, 
John  B.  Steel?,  William  G.  8teele,  Vallandigham,  Voorhe.es, 
Wadsworth,  Ward,\\ebster,CkiUonA.  White,  Wickliff'e—52. 

April  14 — The  SPEAKER  appointed  the  com 
mittee  as  follows  :  Albert  S.  White  of  Indiana, 
Francis  P.  Blair  of  Missouri,  George  P.  Fisher 
of  Delaware,  \\illiam  E.  Lehman  of  Pennsyl 
vania,  C.  L.  L.  Leary  of  Maryland,  K  V.  Wha- 
ley  of  Virginia,  James  F.  Wilson  of  Iowa, 
Samuel  L.  Casey  of  Kentucky,  and  Andrew  J. 
Clements  of  Tennessee. 

In  July,  1862,  the  President  requested  and 
obtained  an  interview  with  the  border  State 
Congressmen,  the  result  of  which  is  contained 
in  this  statement: 

THE  PRESIDENT'S  APPEAL  TO  THE  BORDER 
STATES. 

The  Representatives  and  Senators  of  the  bor 
der  ?laveholding  States  having,  by  special  in 
vitation  of  the  President,  been  convened  at  the 
Executive  Mansion,  on  Saturday  morning  last, 
(July  12.)  Mr.  Lincoln  addressed  them  as  fol 
lows  from  a  written  paper  held  in  his  hand: 

'«  GKNTLEMEN:  After  the  adjournment  of  Con 
gress,  now  near,  I  shall  have  no  opportunitv 
of  seeing  you  for  several  months.  Believing 


tl:at  you  of  the  border  States  hold  more  power 
for  good  than  any  other  equal  number  of  mem 
bers,  1  feel  it  a  duty  which  I  cannot  justifiably 
waive,  to  make  this  appeal  to  you. 

"I  intend  no  reproach  or  complaint  when  I 
assure  you  that,  in  my  opinion,  if  you  all  had 
voted  for  the  resolution  in  the  gradual  emanci 
pation  message  of  last  March,  the  war  would 
now  be  substantially  ended.  And  the  plan 
therein  proposed  is  yet  one  of  the  most  potent 
and  swift  means  of  ending  it.  Let  the  States 
which  are  in  rebellion  see  definitely  and  cer 
tainly  that  in  no  event  will  the  States  you  rep 
resent  ever  join  their  proposed  Confederacy, 
and  they  cannot  much  longer  maintain  the  con 
test.  But  you  cannot  divest  tbem  of  their  hope 
to  ultimately  have  you  with  them  so  long  as 
you  show  a  determination  to  perpetuate  the 
institution  within  your  own  States.  Beat  them 
at  elections,  as  you  have  overwhelmingly  done, 
and,  nothing  daunted,  they  still  claim  you  as 
their  own.  You  and  I  know  what  the  lever  of 
their  power  is.  Break  that  lever  before  their 
faces,  and  they  can  shake  you  no  more  forever. 

"  Most  of  you  have  treated  me  with  kind 
ness  and  consideration,  and  I  trust  you  will 
not  now  think  I  improperly  touch  what  is  ex 
clusively  your  own,  when,  for  the  sake  of  the 
whole  country,  I  ask,  '  Can  you,  for  your 
States,  do  better  than  to  take  the  course  I 
urge  V  Discarding  punctilio  and  maxims 
adapted  to  more  manageable  times,  and  look 
ing  only  to  the  unprecedentedly  stern  facts  of 
our  case,  can  you  do  better  in  any  possible 
event  1  You  prefer  that  the  constitutional  re 
lations  of  the  States  to  the  nation  shall  be 
practically  restored  without  disturbance  of  the 
institution  ;  and,  if  this  were  done,  my  whole 
duty,  m  this  respect,  under  the  Cons  itutiou 
and  my  oath  of  office,  would  be  performed.  But 
it  is  not  done,  and  we  are  trying  to  accomplish 
it  by  war.  The  incidents  ot  the  war  cannot  be 
avoided.  If  the  war  continues  long,  as  it  must, 
if  the  object  be  not  sooner  attained,  the  insti 
tution  in  your  States  will  be  extinguished  by 
mere  friction  and  abrasion — by  the  mere  inci 
dents  of  the  war.  It  will  be  gone,  and  you  will 
have  nothing  valuable  in  lieu  of  it.  Much  of 
its  value  is  gone  already.  How  much  better 
for  you  and  for  your  people  to  take  the  step 
which  at  once  shortens  the  war  and  secures 
substantial  compensation  for  that  which  is 
sur.'  to  be  wholly  lost  in  any  other  event  I 
How  much  better  to  thus  save  the  money  which 
else  we  sink  forever  in  the  war !  How  much 
better  to  do  it  while  we  can,  lest  the  war  ere 
long  render  us  pecuniarily  unable  to  do  it ! 
How  much  better  for  you,  as  seller,  and  the 
nation,  as  buyer,  to  sell  out  and  buy  out  that 
without  which  the  war  could  never  have  been, 
than  to  sink  both  the  thing  to  be  sold  and  the 
price  of  it  in  cutting  one  another's  throats  ! 

u  I  do  not  speak  of  emancipation  at  once,  but 
of  a  decision  at  once  to  emancipate  gradually. 
Room  in  South  America  for  colonization  can  be 
obtained  cheaply  and  in  abundance,  and  when 
numbers  shall  be  large  enough  to  be  company 
and  encouragement  for  one  another,  the  freed 
people  will  not  be  so  reluctant  to  go. 

"  I  am  pressed  with  a  difficulty  not  yet  men- 


214 


EMANCIPATION. 


tioued,  one  which  threatens  division  among 
those  who,  united,  are  none  too  strong.  An  in 
stance  of  it  is  known  to  you.  General  Hunter 
is  an  honest  man.  He  was,  and  I  hope  still  is, 
my  friend.  I  valued  him  none  the  less  for  his 
agreeing  with  me  in  the  general  wish  that  all 
men  everywhere  could  be  freed.  He  proclaimed 
all  men  free  within  certain  States,  and  I  repu 
diated  the  proclamation.  He  expected  more 
good  and  less  harm  from  the  measure  than  I 
could  believe  would  follow.  Yet,  in  repudiat 
ing  it,  I  gave  dissatisfaction,  if  not  offence,  to 
many  whose  support  the  country  cannot  afford 
to  lose.  And  this  is  not  the  end  of  it.  The 
pressure  in  this  direction  is  still  upon  me,  and 
is  increasing.  By  conceding  what  I  now  ask 
you  can  relieve  me,  and,  much  more,  can  relieve 
the  country  in  this  important  point. 

"Upon  these  considerations  I  have  again 
begged  your  attention  to  the  message  of  March 
last.  Before  leaving  the  Capitol,  consider  and 
discuss  it  among  yourselves.  You  are  patriots 
and  statesmen,  and  as  such  I  pray  you  consider 
this  proposition  ;  and  at  the  least  commend  it 
to  the  consideration  of  your  States  and  people. 
As  you  would  perpetuate  popular  government 
for  the  best  people  in  the  world,  I  beseech  you 
that  you  do  in  nowise  omit  this.  Our  common 
country  is  in  great  peril,  demanding  the  loftiest 
views  and  boldest  action  to  bring  a  speedy  re 
lief.  Once  relieved,  its  form  of  government  is 
saved  to  the  world,  its  beloved  history  and 
cherished  memories  are  vindicated,  and  its 
happy  future  fully  assured  and  rendered  incon 
ceivably  grand.  To  you,  more  than  to  any 
others,  the  privilege  is  given  to  assure  that 
happiness  and  swell  that  grandeur,  and  to  link 
jour  own  names  therewith  forever." 

At  the  conclusion  of  these  remarks  some 
conversation  was  had  between  the  President 
and  several  members  of  the  delegations  from 
the  border  States,  in  which  it  was  represented 
that  these  States  could  not  be  expected  to  move 
in  so  great  a  matter  as  that  brought  to  their 
notice  in  the  foregoing  address  while  as  yet 
the  Congress  had  taken  no  step  beyond  the 
passage  of  a  resolution,  expressive  rather  of  a 
sentiment  than  presenting  n  substantial  and 
reliable  basis  of  action. 

The  President  acknowledged  the  force  of 
this  view,  and  admitted  that  the  border  States 
were  entitled  to  expect  a  substantial  pledge  of 
pecuniary  aid  as  ihe  condition  of  taking  into 
consideration  a  proposition  so  important  in  its 
relations  to  their  social  system. 

It  was  further  represented,  in  the  conference, 
that  the  people  of  the  border  States  were  in 
terested  in  knowing  the  great  importance 
which  the  President  attached  to  the  policy  in 
question,  while  it  was  equally  due  to  the 
country^  to  the  President,  and  to  themselves, 
that  the  representatives  of  the  bord<  r  slave- 
holding  States  should  publicly  announce  the 
motives  under  which  they  were  called  to  act, 
and  the  considerations  of  public  policy  urged 
upon  them  and  their  constituents  by  the  Presi 
dent. 

With  a  view  to  such  a  statement  of  their 
position,  the  members  thus  addressed  met  in 
council  to  deliberate  on  the  reply  they  should 


make  to  the  President,  and,  as  the  result  of  a 
comparison  of  opinions  among  themselve.% 
they  determined  upon  the  adoption  of  a  major 
ity  and  minority  answer. 


REPLY   OP   THK    MAJORITY. 


The  following  paper  was  yesterday  sent  to 
the  President,  signed  by  the  majority  of  the 
Representatives  from  the  border  slaveholding 
States : — 

WASHINGTON,  July  14,  1862. 
To  the  PRESIDENT  : 

The  undersigned,  Representatives  of  Ken 
tucky,  Virginia,  Missouri,  and  Maryland,  in  the 
two  Houses  of  Congress,  have  listened  to  your 
address  with  the  profound  sensibility  naturallv 
inspired  by  the  high  source  from  which  it  ema 
nates,  the  earnestness  which  marked  its  ddiv- 
ery,  and  the  overwhelming  importance  of  the 
subject  of  which  it  treats.  We  have  given  ;t  a 
most  respectful  consideration,  and  now  lay  be 
fore  you  our  response.  We  regret  that  want 
of  time  has  not  permitted  us  to  make  it  more- 
perfect. 

We  have  not  been  wanting,  Mr.  President,  in 
respect  to  you,  and  in  devotion  to  the  Constitu 
tion  and  the  Union.  We  have  not  been  indif 
ferent  to  the  great  difficulties  surrounding  you, 
compared  with  which  all  former  national 
troubles  have  been  but  as  the  summer  cloud; 
arid  we  have  freely  given  you  our  sympathy 
and  support.  Repudiating  the  dangerous  here 
sies  of  the  secessionists,  we  believed,  with  you, 
that  the  war  on  their  part  is  agressive  and 
wicked,  and  the  objects  for  which  it  was  to  be 
prosecuted  on  ours,  defined  by  your  message  at 
the  opening  of  the  present  Congress,  to  be  such 
as  all  good  men  should  approve.  We  have  not 
hesitated  to  vote  all  supplies  necessary  to  carry 
it  on  vigorously.  We  have  voted  all  the  men 
and  money  you  have  asked  for,  and  even  more  ; 
we  have  imposed  onerous  taxes  on  our  people, 
and  they  are  paying  them  with  cheerfulness  and 
alacrity;  we  have  encouraged  enlistments  and 
sent  to  the  field  many  of  our  best  men  ;  and 
some  of  our  number  have  offered  their  persons 
to  the  enemy  as  pledges  of  their  sincerity  and 
devotion  to  the  country. 

We  have  done  all  this  under  the  most  dis 
couraging  circumstances,  and  in  the  face  of 
-measures  most  distasteful  to  us  and  injurious 
to  the  interests  we  represent,  and  in  the  hear 
ing  of  doctrines  avowed  by  those  who  claim 
to  be  your  friends,  must  be  abhorrent  to  us 
and  our  constituents.  But,  for  all  this,  we 
have  never  faltered,  nor  shall  we  as  long  as 
we  have  a  Constitution  to  defend  and  a  Gov 
ernment  which  protects  us.  And  we  are 
ready  for  renewed  efforts,  and  even  greater 
sacrifices,  yea,  any  sacrifice,  when  we  are  satis 
fied  it  is  required  to  preserve  our  admirable 
form  of  government  and  the  priceless  blessings 
of  constitutional  liberty. 

A  few  of  our  number  voted  for  the  resolu 
tion  recommended  by  your  message  of  the  Gth 
of  March  last,  the  greater  portion  of  us  did  not, 
and  we  will  briefly  state  the  prominent  reasons 
which  influenced  our  action. 

In  the  first  place,  it  proposed  a  radical 
change  of  our  social  system,  and  was  hurried 
through  both  Houses  with  undue  haste,  with- 


EMANCIPATION. 


215 


out  reasonable  time  ror  consideration  and  de 
bate,  and  with  no  time  at  all  for  consulta 
tion  with  our  constituents,  whose  interests  it 
deeply  involved  It  seemed  like  an  interfer 
ence  by  tliis  Government  with  a  question 
which  peculiarly  and  exclusively  belonged  to 
our  respective  States,  on  which  they  had  not 
sought  advice  or  solicited  aid.  Many  of  us 
doubted  the  constitutional  power  of  this  Gov 
ernment  to  make  appropiiations  of  money  for 
the  object  designated,  and  all  of  us  thought 
our  finances  were  in  no  condition  to  bear  the 
immense  outlay  which  its  adoption  and  faith 
ful  execution  would  impose  upon  the  national 
Treasury.  If  we  pause  but  a  moment  to  think 
ol'  the  debt  its  acceptance  would  have  entailed, 
we  are  appalled  by  its  magnitude.  The  propo 
sition  was  addressed  to  all  the  States,  and  em 
braced  the  whole  number  of  slaves. 

According  to  the  census  of  1860  there  were 
then  nearly  four  million  slaves  in  the  country  ; 
from  natural  increase  they  exceed  that  number 
now.  At  even  the  low  average  of  $300,  the 
price  fixed  by  the  emancipation  act  for  the 
slaves  of  this  District,  and  greatly  below  their 
real  worth,  their  value  runs  up  to  the  enormous 
sum  of  §1, 200, 000, 000  ;  and  if  to  that  we  add 
the  cost  of  deportation  and  colonization,  at  $100 
each,  which  is  but  a  fraction  more  than  is  ac 
tually  paid  by  the  Maryland  Colonization  So 
ciety,  W3  have  $400,000,000  more.  We  were 
not  willing  to  impose  a  tax  on  our  people  suffi 
cient  to  pay  the  interest  on  that  sum,  in  addi 
tion  to  the  vast  and  daily  increasing  debt 
already  fixed  upon  them  by  the  exigencies  of 
the  war,  and  if  we  had  been  willing,  the  coun 
try  could  not  bear  it.  Stated  in  this  form  the 
proposition  is  nothing  less  than  the  deportation 
from  the  country  of  $l,GOO,000,OOOworth  of  pro 
ducing  labor,  and  the  substitution  in  its  place 
of  an  interest-bearing  debt  of  the  same  amount. 

But,  if  we  are  told  that  it  was  expected  that 
only  the  States  we  represent  would  accept  the 
proposition,  we  respectfully  submit  that  even 
then  it  involves  a  sum  too  great  for  the  finan 
cial  ability  of  this  Government  at  this  time. 
According  to  the  census  of  1860 — 

Slaves. 

Kentucky  had 225,490 

Maryland "'.[  87,'l88 

Virginia 490.887 

Delaware ^793 

MiMouri 114,905 

Tennessee '.75,784 


Making  in  the  whole 1,196  112 

At  the  came  rate   of  ral  nation  these  would 

amount  to $358,033,500 

Add  fur  deportation  and  colonization  $100  each..  118,244,5^3 

And  we  have  the  enormous  sura  of. $478,03>,133 

We  did  not  feel  that  we  should  be  justified 
in  voting  for  a  measure  which,  if  carried  out, 
would  add  this  vast  amount  to  our  public  debt 
at  a  moment  when  the  Treasury  was  reeling 
under  the  enormous  expenditure  of  the  war. 

Again,  it  seemed  to  us  that  this  resolution 
was  but  the  annunciation  of  a  sentiment  which 
could  not  or  was  not  likely  to  be  reduced  to  an 
actual  tangible  proposition.  No  movement 
was  then  made  to  provide  and  appropriate  the 
funds  required  to  carry  it  into  effect;  and  we 
were  not  encouraged  to  believe  that  funds 


would  be  provided.  And  our  belief  has  been  fully 
justified  by  subsequent  events.  Not  to  mention 
other  circumstances,  it  is  quite  sufficient  for  out 
purpose  to  bring  to  your  notice  the  fact  that, 
while  this  resolution  was  under  consideration 
in  the  Senate,  our  colleague,  the  JSe-  ator  from 
Kentucky,  moved  an  amendment  appropriating 
$500,000  to  the  object  therein  designated,  and 
it  was  voted  down  with  great  unanimity.  What 
confidence,  then,  could  we  reasonably  feel  that 
if  we  committed  ourselves  to  the  policy  it  pro 
posed,  our  constituents  would  reap  the  fruits  of 
the  promise  held  out;  and  on  what  ground 
could  we,  as  fair  men,  approach  them  and  chal 
lenge  their  support? 

The  right  to  hold  slaves  is  a  right  apper- 
j  taining  to  all  the  States  of  this  Union.  They 
have  the  right  to  cherish  or  abolish  the  insti 
tution,  as  their  tastes  or  their  interests  may 
prompt,  and  no  one  is  authorized  to  question 
the  right  or  limit  the  enjoyment.  And  no  one 
has  more  clearly  affirmed  that  right  than  you 
have.  Your  inaugural  address  does  you  great 
honor  in  this  respect,  and  inspired  the  country 
with  confidence  in  your  fairness  and  respect  for 
the  law.  Our  States  are  in  the  enjoyment  of 
that  right.  We  do  not  feel  called  on  to  defend 
the  institution  or  to  affirm  it  is  one  which 
ought  to  be  cherished ;  perhaps,  if  we  were  to 
make  the  attempt,  we  might  find  that,  we  differ 
even  among  ourselves.  It  is  enough  for  our 
purpose  to  know  that  it  is  a  right ;  and,  so 
knowing,  we  did  not  see  why  we  should  now 
be  expected  to  yield  it.  We  had  contributed 
our  full  share  to  relieve  the  country  at  this  ter 
rible  crisis  ;  we  had  done  as  much  as  had  been 
required  of  others  in  like  circumstances ;  and 
we  did  not  see  why  sacrifices  should  be  expected 
of  us  from  which  others,  no  more  loyal,  were 
exempt.  Nor  could  we  see  what  good  the  na 
tion  would  derive  from  it. 

Such  a  sacrifice  submitted  to  by  us  would 
not  have  strengthened  the  arm  of  this  Govern 
ment  or  weakened  that  of  the  enemy.  It  was 
not  necessary  as  a  pledge  of  our  loyalty,  for 
that  had  been  manifested  beyond  a  reasonable 
doubt,  in  every  form,  and  at  every  place  pos 
sible.  There  was  not  the  remotest  probability 
that  the  States  we  represent  would  join  in  the 
rebellion,  nor  is  there  now,  or  of  their  electing 
to  go  with  the  southern  section  in  the  event  of 
a  recognition  of  the  independence  of  any  part 
of  the  disaffected  region.  Our  States  are  fixed 
unalterably  in  their  resolution  to  adhere  to  and 
support  the  Union.  They  see  no  safety  for 
themselves,  and  no  hope  for  constitutional  lib 
erty  but  by  its  preservation.  They  will,  under 
no  circumstances,  consent  to  its  dissolution  ;  and 
we  do  them  no  more  than  justice  when  we  as 
sure  you  that,  while  the  war  is  conducted  to 
prevent  that  deplorable  catastrophe,  they  will 
sustain  it  as  long  as  they  can  muster  a  man  or 
command  a  dollar.  Nor  will  they  ever  consent, 
in  any  event,  to  unite  with  the  Southern  Con 
federacy.  The  bitter  fruits  of  the  peculiar 
doctrines  of  that  region  will  forever  prevent 
them  from  placing  their  security  and  happiness 
in  the  custody  of  an  association  which  has  in 
corporated  in  its  organic  law  the  seeds  of  its 
own  destruction. 


210 


EMANCIPATION'. 


We  cannot  admit,  Mr.  President,  that  if  we 
hud  voted  for  the  resolution  in  the  emancipa 
tion  message  of  March  last,  the  war  would  now 
be  substantially  ended.  We  are  unable  to  see 
how  our  action  in  this  particular  has  given,  or 
could  give,  encouragement  to  the  rebellion. 
The  resolution  has  passed  ;  and,  if  there  be 
virtue  in  it,  it  will  be  quite  as  efficacious  as  if 
we  had  voted  for  it.  We  have  no  power  to 
b.nd  our  States  in  this  respect  by  our  votes 
here;  and.  whether  we  had  voted  the  one  way 
or  the  other,  they  are  in  the  same  condition  of 
freedom  to  accept  or  reject  its  provisions.  No, 
sir,  the  war  has  not  been  prolonged  or  hindered 
by  our  action  on  this  or  any  other  measure. 
We  must  look  for  other  causes  for  that  lamented 
fact.  We  think  there  is  not  much  difficulty, 
not  much  uncertainty,  in  pointing  out  others 
far  more  probable  and  potent  in  their  agencies 
1o  that  end. 

The  rebellion  derives  its  strength  from  the 
union  of  all  classes  in  the  insurgent  States ; 
and  while  that  union  lasts  fhe  war  will  never 
end  until  they  are  utterly  exhausted.  We  know 
that  at  the  inception  of  these  troubles  southern 
society  was  divided,  and  that  a  large  portion, 
perhaps  a  majority,  were  opposed  to  secession. 
Now  the  great  mass  of  southern  people  are 
united.  To  discover  why  they  are  so  we  must 
glance  at  southern  society/ and  notice  the 
clisses  into  which  it  has  been  divided,  and 
which  still  distinguish  it.  They  are  in  arms, 
but  not  for  the  same  objects;  they  are  moved 
to  a  common  end,  but  by  different  and  even 
inconsistent  reasons.  The  leaders,  which  com 
prehends  what  was  previously  known  as  the 
State-rights  party,  and  is  much  the  lesser  class, 
seek  to  break  down  national  independence  and 
set  up  State  domination.  With  them  it  is  a 
war  against  nationality.  The  other  class  is 
fighting,  as  it  supposes,  to  maintain  and  pre 
serve  its  rights  of  property  and  domestic  safety, 
which  it  has  been  made  to  believe  are  assailed 
by  this  Government  This  latter  class  are  not 
disuriionists  perse;  they  are  so  only  because 
they  have  been  made  to  believe  that  this  Ad 
ministration  is  inimical  to  their  rights,  and  is 
making  war  on  their  domestic  institution.  As 
long  as  these  two  clas-es  act  together  they  will 
never  assent  to  a  peace. 

The  policy,  then,  to  be  pursued,  is  obvious. 
The  former  class  will  never  be  reconciled,  but 
the  latter  may  be.  Remove  their  apprehen 
sions;  satisfy  them  that  no  harm  is  intended  to 
them  and  their  institutions  ;  that  this  Govern 
ment  is  not  making  war  on  their  rights  of 
property,  but  is  simply  defending  its  legitimate 
authority,  and  they  will  gladly  return  to  their 
allegiance  as  soon  as  the  pressure  of  military 
dominion  imposed  by  the  Confederate  authority 
is  removed  from  them. 

Twelve  months  ago  both  Houses  of  Congress, 
adopting  the  spirit  of  your  message,  then  but 
recently  sent  in,  declared  with  singular  una 
nimity  the  objects  of  the  war,  and  the  country 
instantly  bounded  to  your  side  to  assist  you  in 
carrying  it  on.  If  the  spirit  of  that  resolution 
had  been  adhered  to,  we  are  confident  that  we 
should  before  now  have  seen  the  end  of  this  de 
plorable  conflict.  But  what  have  we  seen  ? 


In  both  Houses  of  Congress  we  have  heard 
doctrines   subversive   of  the  principles  of  the 
Constitution,  and   seen  measure  after  measure 
founded  in  substance  on  those  doctrines  pro 
posed  and  carried  through  which  can  have  no 
other  effect  than  to  distract  and  divide  loyal  men, 
|  and  exasperate  and  drive  still  further  from  us  and 
j  their  duty  the  people  of  the  rebellious  States 
|  iMilitary  officers,  following  these  bad  examples, 
I  have  stepped  beyond  the  just  limits  of  their  au 
thority  in  the  same  direction,  until  in  several 
instances  you  have  felt  the  necessity  of  inter 
fering  to  arrest  them.     And  even  the  passage 
of  the  resolution  to  which  you  refer  has  been 
ostentatiously  proclaimed  as  the  triumph  of  a 
principle   which   the   people    of   the    southern 
States  regard  as  ruinous  to  them.     The  effect 
of  these  measures  was  foretold,  and  may  now 
be  seen  in  the  indurated  state  of  southern  feel 
ing. 

To  these  causes,  Mr.  President,  and  not.  to  our 
omission  to  vote  for  the  resolution  recommended 
|  by  you,  we  solemnly  believe  we  are  to  attribute 
I  the  terrible  earnestness  of  those  in  arms  against 
the  Government  and    the    continuance  of  the 
!  war.     Nor  do  we  (permit  us  to  say,  Mr.  Pres 
ident,  with  all  respect  to  you)  agree  that  the 
institution   of  slavery  is  "the  lever    of  their 
power,"  but  we  are  of  the  op:nion  that  "the 
I  lever  of  their  power"  is  the  apprehension  that 
|  the  powers  of  a  common  Government,  created 
for  common  and  equal  protection  to  the  inter 
|  ests  of  all,  will  be  wielded  ugainst  the  institu- 
j  tions  of  the  southern  States. 

There  is  one  other  idea  in  your  address  we 
,  feel  called  on  to  notice.  After  stating  the  fact 
|  of  your  repudiation  of  General  Hunter's  proc- 
I  lamation,  you  add  : 

"  Yet,  in  repudiating  it,  I  gave  dissatisfaction,  if  not  of 
fence,  to  many  whose  support  the  country  cannot  afford  to 
lose.  And  this  is  not  the  end  of  it.  The  pressure  in  this 
direction  is  still  upon  me  and  is  increasing.  By  conceding 
what  I  now  ask,  you  can  relieve  me,  and,  much  more,  can 
relieve  the  country,  in  this  important  point." 

We  have  anxiously  looked  into  this  passage 
to  discover  its  true   import,  but  we  are  yet  in 
painful  uncertainty.     How  can  we,  by  conced- 
i  ing   what  you   now  ask,  relieve  you    and   the 
i  country  from  the  increasing  pressure  to  which 
'you   refer?     We  will  not    allow  ourselves  to 
think   that   the   proposition  is,    that    we   con 
sent  to  give  up  slavery,  to  the  end  that  the  Hun 
ter  proclamation  may  be  let  loose  on  the  south 
ern   people,  for  it  is   too  well    known   that  we 
would  not  be  parties  to  any  such  measure,  and 
i  we  have  too  much  respect  for  you  to  imagine 
you  would   propose   it.     Can  it   mean  that  by 
sacrificing  our  interest  in  slavery  we  appease 
;  the  spirit  that  controls  that  pressure,  cause  it 
;  to  be  withdrawn,  and   rid    the  country  of  the 
pestilent   agitation    of   the   slavery    question? 
!  We  are  forbidden  so  to   think,  for  that    spirit 
!  would  not  be   satisfied  with   the   liberation   of 
i  700,000  slaves,  and  cease    its  agitation  while 
:  3,000,000    remain    in  bondage.      Can  it  mean 
I  that  by  abandoning  slavery  in   our   States  we 
'  are  removing   the   pressute  from  you   and  the 
country,  by  preparing  for  a  separation  on  the 
!  line  of  the  cotton  States? 

We  are  forbidden  so  to  think,  because  it  is 
(  known  that  we  are,  and  we  believe  that  you 


EMANCIPATION. 


217 


are,  unalterably  jpposed  to  any  division  at 
all.  We  would  prefer  to  think  that  you  de 
sire  this  concession  as  a  pledge  of  our  support, 
and  thus  enable  you  to  withstand  a  pressure 
which  weighs  heavily  on  you  and  the  coun 
try.  Mr.  President,  no  such  sacrifice  is  neces 
sary  to  secure  our  support.  Confine  yourself 
to  your  constitutional  authority;  confine  your 
subordinates  within  the  same  limits;  conduct 
this  war  solely  for  the  purpose  of  restoring  the 
Constitution  to  iis  legitimate  authority;  con 
cede  to  each  State  and  its  loyal  citizens  their 
just  rights,  and  we  are  wedded  to  you  by  in 
dissoluble  ties.  Do  this,  Mr.  President,  and 
you  touch  the  American  heart  and  invigorate 
it  with  new  hope.  You  will,  as  we  solemnly 
believe,  in  due  time  restore  peace  to  your  coun 
try,  lift  it  from  despondency  to  a  future  of 
glory,  and  preserve  to  your  countrymen,  their 
posterity,  and  man,  the  inestimable  treasure  of 
a  constitutional  government. 

Mr.  President,  we  have  stated  with  frank 
ness  and  candor  the  reasons  on  which  we  for 
bore  to  vote  for  the  resolution  you  have  men 
tioned  ;  but  you  have  again  presented  this 
proposition,  and  appealed  to  us  with  an  earnest 
ness  and  eloquence  which  have  not  failed  to 
impress  us,  to  "consider  it,  and  at  the  least 
to  commend  it  to  the  consideration  of  our 
States  and  people  "  Thus  appealed  to  by  the 
Chief  Magistrate  of  our  beloved  country,  in 
the  hour  of  its  greatest  peril,  we  cannot  wholly 
decline.  We  are  willing  to  trust  every  ques 
tion  relating  to  their  interest  and  happiness  to 
tbe  consideration  and  ultimate  judgment  of 
our  own  people.  While  differing  from  you  as 
to  tbe  necessity  of  emancipating  the  slaves  of 
our  States  as  a  means  of  putting  down  the  re 
bellion,  and  while  protesting  against  the  pro 
priety  of  any  extra-territorial  interference  to 
induce  the  people  of  our  States  to  adopt  any 
particular  line  of  policy  on  a  subject  which 
peculiarly  and  exclusively  belongs  to  them, 
yet,  when  you  and  our  brethren  of  the  loyal 
States  sincerely  believe  that  the  retention  of 
slavery  by  us  is  an  obstacle  to  peace  and  na 
tional  harmony,  and  are  willing  to  contribute 
pecuniary  aid  to  compensate  our  States  and 
people  for  the  inconveniences  produced  by 
such  a  change  of  system,  we  are  not  unwilling 
that  our  people  shall  consider  the  propriety  of 
putting  it  aside. 

But  we  have  already  said  that  we  regarded 
this  resolution  as  the  utterance  of  a  sentiment, 
and  we  had  no  confidence  that  it  would  assume 
the  shape  of  a  tangible,  practical  proposition, 
which  would  yield  the  fruits  of  the  sacrifice  it 
required  Our  people  are  influenced  by  the 
same  want  of  confidence,  and  will  not  consider 
the  proposition  in  its  present  impalpable  form. 
The  interest  they  are  asked  to  give  up  is  to 
them  o.?  immense  importance,  and  they  ought 
not  to  be  expected  even  to  entertain  the  propo 
sal  until  they  are  assured  that  when  they  ac 
cept  it  their  just  expectations  will  not  be  frus 
trated.  We  regard  your  plan  as  a  proposition 
from  the  Nation  to  the  States  to  exercise  an  ad 
mitted  constitutional  right  in  a  particular  man 
ner  and  yield  up  a  valuable  interest.  Before 
they  ought  to  consider  the  proposition,  it  should 


j  be  presented  in  such  a  tangible,  practical,  effi- 

I  cient   shape  as   to    command   their  confidence 

j  that  its  fruits  are    contingent  only   upon   their 

acceptance.     We  cannot  trust  anything  to  the 

contingencies  of  future  legislation. 

If  Congress,  by  proper  and  necessary  legisla 
tion,  shall  provide  sufficient  funds  and  place 
them  at  your  disposal,  to  be  applied  by  you  to 
the  payment  of  any  of  our  States  or  the  citizens 
i  thereof  who  shall  adopt  the  abolishment  of 
slavery,  either  gradual  or  immediate,  as  they 
may  determine,  and  the  expense  of  deportation 
and  colonization  of  the  liberated  slaves,  then 
will  our  State  and  people  take  th's  proposition 
into  careful  consideration,  for  such  decision  as 
in  their  judgment  is  demanded  by  their  interest, 
their  honor,  and  their  duty  to  the  Avhole  coun 
try.  We  have  the  honor  to  be,  with  great  res 
pect, 

C.  A.  WICKLIFFE,  C%'n..        CHAS.  B.  CALVERT, 

GARRETT  DAVIS,  C.  L.  L.  LEARY, 

R.  WILSON,  EDWIN  H.  WEBSTER, 

J.  J.  CRITTENDEN,  R.  MALLO.iY, 

JOHN  S.  CARLILE,  AARON  HARDING, 

J.  W.  CRISFIELD,  JAMES  S  ROLLINS, 

J.  S.  JACKSON,  J.  W.  MENZIES, 

II   GRIDER,  THO M  A  SL.  PRICE, 

JOHN  S.  PIIKLPS,  G.  W.  DUNLAP, 

FRANCIS  THOMAS,  WM.  A.  HALL. 

REPLY  OF   THE  MINORITY. 

WASHINGTON,  July  15, 1862. 

MR.  PRESIDENT:  The  undersigned,  members 'of  Congress 
from  the  border  States,  in  response  to  your  address  of 'Sat 
urday  lust,  beg  leave  to  say  that  they  attended  a  meeting 
on  the  same  day  the  address  was  delivered,  for  the  purpose 
of  considering  the  same.  The  meeting  appointed  a  coui- 
inittee  to  report  a  response  to  your  address.  That  report 
was  made  on  yesterday,  and  the  action  of  the  majority  in 
dicated  clearly  that  the  response,  or  one  in  substance  the 
same,  would  be  adopted  and  presented  to  you. 

Inasmuch  as  we  cannot,  consistently  with  our  own  sense 
of  duty  to  the  country,  under  the  existing  perils  which  sur 
round  us,  concur  in  that  response,  wo  feel  it  to  be  due  to 
you  and  to  ourselves  to  make  to  you  a  brief  and  candid  an 
swer  over  our  own  signatures. 

We  believe  that  the  whole  power  of  the  Government,  up 
held  and  sustained  by  all  the  influences  and  means  of  all 
loyal  men  in  all  sections,  and  of  all  parties,  ia  essentially 
necessary  to  put  down  the  rebellion  and  preserve  the  Unioii 
and  the  Constitution.  We  understand  your  appeal  to  us  to 
have  been  made  for  the  purpose  ef  securing  this  result.  A 
very  large  portion  of  the  people  in  the  northern  States  be 
lieve  that  slavery  is  the  ''  lever-power  of  the  rebellion."  It 
matters  not  whether  this  belief  be  well  founded  or  not. 
The  belief  does  exist,  and  we  have  to  deal  with  things  as 
they  are,  and  not  as  we  would  have  them  be.  I  n  conscv- 
quence  of  the  existence  of  this  belief,  we  understand  that 
an  immense  pressure  is  brought  to  bear  for  the  purpose  of 
striking  down  this  institution  through  the  exercise  of  mili 
tary  authority.  The  Government  cannot  maintain  thin 
great  struggle  if  the  support  and  influence  of  the  men  who 
entertain  these  opinions  be  withdrawn.  Neither  can  tho 
Government  hope  for  early  success  if  the  support  of  that 
element  called  "conservative"  be  withdrawn. 

Such  being  the  condition  of  things,  the  President  appeals 
to  tho  border  State  men  to  step  forward  and  prove  their 
patriotism  by  making  the  first  sacrifice.  No  doubt,  like 
appeals  have  been  made  to  extreme  men  in  the  North  to 
meet. us  half  way,  in  order  that  the  whole  moral,  political, 
pecuniary,  and  physical  force  of  the  nation  may  be  firmly 
and  earnestly  united  in  one  grand  effort  to  save  the  Union 
and  the  Constitution. 

Believing  that  .such  were  the  motives  that  prompted  your 
addrtMS,  and  such  the  results  to  which  it  looked,  we  c;mnot 
reconcile  it  to  our  sen^e  of  duty,  in  this  trying  hour,  to  re 
spond  in  a  spirit  of  fault-finding  or  querulousness  over  the 
things  that  are  past.  We  are  not  disposed  to  seek  for  tho 
cause  of  present  misfortunes  in  tho  errors  and  wrongs  of 
others  who  now  propose  to  unite  with  us  in  a  common  pur 
pose.  But,  on  the  other  hand,  we  meet  your  address  in  the 
spirit  in  which  it  was  made,  and,  as  loyal  Americans,  de 
clare  to  you  and  to  the  world  that  there  is  no  sacrifice  that 
we  are  not  ready  to  make  to  save  the  Government  and  in 
stitutions  of  our  fathers. 

That  wy,  few  of  us  though  there  may  be,  will  permit  uo 


EMANCIPATION. 


man,  from  the  North  or  from  the  South,  to  go  further  than 
we  in  the  accomplishment  of  the  great  work  before  us. 
That,  in  order  to  carry  out  these,  views,  we  will,  so  far  as 
may  be  in  our  power,  ask  the  people  of  the  border  States 
calmly,  deliberately,  and  fairly  to  consider  your  recom 
mendations.  We  are  the  more  emboldened  to  assume  this 
position  from  the  fact,  now  become  history,  that  the  leaders 
of  the  southern  rebellion  have  offered  to  abolish  slavery 
among  them  as  a  condition  to  foreign  intervention  in  favor 
of  their  independence  as  a  nation. 

If  they  can  give  up  slavery  to  destroy  the  Union,  we  can 
surely  ask  our  people  to  consider  the  question  of  emancipa 
tion  to  save  the  Union. 
With  great  respect,  your  obedient  servants, 

JOHN  W.  NOELL, 

SAMUEL  L.  CASEY, 

GEORGE  P.  FISHER, 

A.  J.  CLEMENTS, 

WILLIAM  G.  BROWN, 

JACOB  B.  BLAIR, 

W.  T.  WILLEY. 

REPLY   OP   MR.   MAYNARD. 

HODSE  OF  REPRESENTATIVES,  July  16, 1862. 

SIR:  The  magnitude  and  gravity  of  the  proposition  sub 
mitted  by  you  to  Representatives  from  the  slave  States 
•would  naturally  occasion  diversity,  if  not  contrariety,  ot 
opinion.  You  will  not,  therefore,  be  surprised  that  I  have 
not  been  able  to  concur  in  view  with  the  majority  of  them. 
This  is  attributable,  possibly,  to  the  fact  that  my  State  is 
not  a  border  State,  properly  so  called,  and  that  my  immedi 
ate  constituents  are  not  yet  disenthralled  from  the  hostile 
arms  of  the  rebellion.  This  fact  is  a  physical  obstacle  in 
the  way  of  my  now  submitting  to  their  consideration  this 
or  ai;y  other  proposition  looking  to  political  action,  especi 
ally  such  as,  in  this  case,  would  require  a  change  in  the 
organic  Jaw  of  the  State. 

But  do  not  infer  that  I  am  insensible  to  your  appeal.  I 
am  not.  You  an;  surrounded  with  difficulties  far  greater 
than  have  embarrassed  any  of  your  predecessors.  You  need 
the  support  of  every  American  citizen,  and  you  ought  to 
have  it — active,  zealous,  and  honest  The  union  of  every 
Union  man  to  aid  you  in  preserving  the  Union  is  the  duty 
of  the  time.  Differences  as  to  policy  and  methods  must  be 
subordinated  to  the  (  oinmon  purpose. 

In  looking  for  the  cause  of  this  rebellion,  it  is  natural 
that  each  section  and  each  party  should  ascribe  as  little 
blame  as  possible  to  itself,  and  as  much  as  possible  to  its 
opponent  section  and  party.  Possibly  you  and  I  might  not 
a;  ree  o;»  a  comparison  of  our  views.  That  there  should  be. 
differences  of  opinion  as  to  the  best  mode  of  conducting  our 
military  operations,  and  the  b;-st  men  to  lead  our  armies,  is 
equal. y  natural.  <,'ontests  on  such  questions  weaken  our 
selves  and  strengthen  our  enemies.  They  are  unprofitable, 
and  possibly  unpatriotic.  Somebody  must  yield,  or  wo 
waste  our  strength  in  a  contemptible  struggle  among  our 
selves. 

You  appeal  to  the  loyal  men  of  the  slave  States  to  sacri 
fice  something  of  feeling  and  a  great  deal  of  interest.  The 
sacrifices  they  have  already  made  and  the  Bufferings  they 
have  endured  give  the  best  assurance  that  the  appeal  will 
not  have  been  made  in  vain.  He  who  is  not  ready  to  yield 
all  his  material  interests,  and  to  forego  his  most  cherished 
sentiments  and  opinions  for  the  preservation  of  his  country, 
although  he  may  have  periled  his  life  on  the  battle-field  in 
her  defence,  is  but  half  a  patriot.  Among  the  loyal  people 
that  I  represent  there  are  no  half  patriots. 

Already  the  rebellion  has  cost  us  much,  even  to  our  un 
doing  ;  we  are  content,  if  need  be,  to  give  up  the  rest  to 
suppress  it.     We  have  stood  by  you  from  the  beginning  of  j  to  others  tne  same  sincerity  ..,  ,,Ui  j.i.ni,-  n.ui.  ..  D.™«.«  « ....... 

"•  and  we  mean  to  stand  by  you,  God  willing,    for  myself  under  similar  circumstances,  I   voted  tor   the 

"''  J     J  ...  T     _       "ll       ,.      4.1...*.       ..tl. ......     ,.-......     .,..!  11.,  f  ...  I       llW 


sacrifice  not,  in  your  judgment,  imperatively  required  l>y 
the  safety  of  the  country. 

This  is  the  spirit  of  your  appeal,  and  I  respond  to  it  in  tL« 
same  spirit. 

I  am,  very  respectfully,  vour  obedient  servant. 

HORACE  MAYNARD. 
To  the  PRESIDENT. 

SENATOR  HENDERSON'S  REPLY  TO  THE  PRESIDENT. 

WASHINGTON  CITY,  July  21,  1862. 

Mr.  PRESIDENT  :  The  pressure  of  business  in  the  Senate 
during  the  last  few  days  of  the  session  prevented  my  at 
tendance  at  the  meeting  of  the  border  State  members, 
called  to  consider  your  proposition  in  reference  to  gradual 
emancipation  in  our  States. 

It  is  for  this  reason  only,  and  not  because  I  fail  to  appre 
ciate  their  importance  or  properly  respect  your  suggestions, 
that  my  name  does  not  appear  to  any  of  the  several  pa 
pers  submitted  in  response.  1  may  also  add  that  it  was  my 
intention,  when  the  subject  came  up  practically  for  consid 
eration  in  the  Senate,  to  express  fully  my  views  in  regard 
to  it.  This  of  course  would  have  rendered  any  other  re 
sponse  unnecessary.  But  the  want  of  time  to  consider  th<? 
matter  deprived  me  of  that  opportunity,  and,  lest  now  my 
silence  bo  misconstrued,  I  deem  it  proper  to  say  to  you 
that  I  am  by  no  means  indifferent  to  the  great  questions  6<> 
earnestly,  and  as  I  believe  so  honestly,  urged  by  you  upon 
our  consideration. 

The  border  States,  so  far,  are  the  chief  suftVrers  by  this 
war,  and  the  true  Union  men  of  those  States  have  m:-,de  the 
greatest  sacrifices  for  the  preservation  of  the  Government. 
This  fact  does  not  proceed  from  mismanagement  on  the  part 
of  the  Union  authorities,  or  a  want  of  regard  for  our  peo 
ple,  but  it  is  the  necessary  result  of  the  war  that  is  upon 
us.  Our  States  are  the  battle-fields.  Our  people,  divided 
among  themselves,  maddened  by  the  struggle  and  blinded 
by  the  smoke  of  battle,  invited  upon  our  soil  contending 
armies  —  the  one  to  destroy  the  Government,  the  other  to 
maintain  it.  The  consequence  to  us  is  plain.  The  shock 

We 


of  the  contest  upturns  society  and  desolates  the  laud, 
have  made  sacritic<  s,  but  at  last  they  were  only  the  sacri 
fices  demanded  by  duty,  and  unless  we  are  willing  to  make 
others,  indeed  any  that  the  good  of  the  country,  involved 
in  the  overthrow  of  treason,  may  exact  at  our  hands,  our 
title  to  patriotism  is  not  complete. 

When  you  submitted  your  proposition  to  Congress,  in 
March  last,  "  that  the  United  States  ought  to  co-operate 
with  any  State  which  may  adopt  a  gradual  abolishment  of 
slavery,  giving  to  such  State  pecuniary  aid,  to  be  used  by 
such  State  in  its  discretion,  to  compensate  for  the  incon 
veniences,  public  and  private,  produced  by  such  change  of 
system,"  I  gave  it  a  most  cheerful  support,  and  I  tun  satis 
fied  it  would  have  received  the  approbation  of  a  largo 
majority  of  the  border  States  delegations  in  both  branches 
of  Congress,  if,  in  the  first  place,  they  had  believed  the  war, 
with  its  continued  evils — the  most  prominent  of  which,  in 
a  material  point  of  view,  is  its  injurious  effect  on  the  insti 
tution  of  slavery  in  our  States — could  possibly  have  been 
protracted  for  another  twelvemonths;  and  if,  in  the  second 
place,  they  had  felt  assured  that  the  party  having  the  ma 
jority  in  Congress  would,  like  yourself,  be  equally  prompt 
in  practical  action  as  in  the  expression  of  a  sentiment. 
While  scarcely  any  one  doubted  your  own  sincerity  in  the 
raises,  and'  your  earnest  wish  speedily  to  terminate  the 

,  you  can  readily  conceive  the  grounds  for  difference  ot 

opinion  where  conclusions  could  only  be  based  upon  con 
jecture. 

Believing,  as  I  did,  that  the  war  was  not  so  near  its  term 
ination  as  some  supposed,  and  feeling  disposed  to  accord 
to  others  the  same  sincerity  of  purpose  that  I  should  claim 


premises, 


proposition.    I  will  suppose  that  others  were  actuated  by 
no  sinister  motives. 

In  doing  so,  Mr.  President,  I  desire  to  be  distinctly  under- 
stood  by  you  and  by  my  constituents.    I  did  not  BnppOM 


this  struggle, 
till  the  end  of  it. 

I  did  not  vote  for  the  resolution  to  which  you  allude, 
eolely  for  the  reason  that  at  the  time  I  was  absent  at  the 
capital  of  my  own  State.  It  is  right.  I  siooa  oy  you  mm  vy  mj  ....,.-. .1...  ...-.  - ;••' '  y 

Should  any  of  the  slave  States  think  proper  to  terminate  I  at  the  time  that  I  was  personally  making  any  sa 
that  institution,  asseveral  of  them,  I  understand, or  at  least     supporting  the  resolution,  nor  that  the  people  ot 
someof  their  citizens  propose,  justiceand  a  generous  comity     were  called  upon  to  make  any  sacrifice,  either  in  con 
require  that  the  country  should  interpose  to  aid  it  in  lessening  i  ing  or  accepting  the  proposition,  it  they  saw  nt.     I 
the  burden,  public  and  private,  occasioned  by  so  radical  a  j  with  you  in  the  remarks  contained  in  the  mess; 
change  in  its  social  and  industrial  relations.  i  panying  the  resolution,   that  "the   Union   must   be   pre- 

I  will  not   now  speculate  upon  the  effect,  at  home  or  i  served,  and  hence  all  indispensable  means 
abroad,  of  the  adoption  of  your  policy,  nor  inquire  what  I  ployed.       *    *    *     War  has  been  ami  continues  to  be  nit 
action  of  the  rebel  h-ad.-A  lias  rendered  something  of  the     Indispensable  means  to  this  end.     A  practfc 


destroy  an  institu     ., —      ~ . 

lion,  which  a  portion  of  us  only 'consider  bad,  but  to  save  :  pendous  as  the  present.     I  shall  be  much  rejoiced 
institutions  which  we  all  alike'consid-r  good.     I  am  satis-     thing  more  dreadful  than  the  sale  of  freedom i  ton  tew '  sia\e 
tied  you  would  not  ask  from  any  of  your  fellow  -citizens  a  ;  in  the  border  States  shall  not  result  trom  it.     1 


EMANCIPATION. 


with  the  Government  of  our  fathers  secure,  and  constitu 
tional  liberty  in  all  its  purity  guarantied  to  the  white  man, 
the  result  w'ill  be  better  than  that  having  a  place  in  the 
fears  of  many  good  men  at  present,  and  much  better  than 
the  past  history  of  such  revolutions  can  justify  us  in  ex 
pecting. 

In  this  period  of  tho  nation's  distress,  I  know  of  no  hu 
man  institution  too  sacred  for  discussion;  no  material  in 
terest  belonging  to  the  citizen  that  he  should  not  willingly 
place  upon  the  altar  of  his  country,  if  demanded  by  the 
public  good.  The  man  who  cannot  now  sacrifice  party  and 
put  aside  selfish  considerations  is  more  than  half  disloyal. 
Such  a  man  does  not  deserve  the  blessings  of  good  govern 
ment.  Pride  of  opinion,  based  upon  sectional  jealousies, 
should  not  be  permitted  to  control  the  decision  of  any  political 
question.  These  remarks  are  general,  but  apply  with  pe 
culiar  force  to  the  people  of  the  border  States  at  present. 

Let  us  look  at  our  condition.  A  desolating  war  is  upon 
us.  We  cannot  escape  it  if  we  would.  If  the  Union  armies 
were  to-day  withdrawn  from  the  border  States  without  first 
crushing  the  rebellion  in  the  South,  no  rational  man  can 
doubt  for  a  moment  that  the  adherents  of  the  Union  cause 
in  those  States  would  soon  be  driven  in  exile  from  their 
homes  by  the  exultant  rebels,  who  have  so  long  hoped  to 
return  and  take  vengeance  upon  us. 

The  people  of  the  border  States  understand  very  well  the 
unfriendly  and  selfish  spirit  exercised  toward  them  by  the 
leaders  of  this  cotton  State  rebellion;  beginning  some  time 
previous  to  its  outbreak.  They  will  not  fail  to  remember 
their  insolent  refusal  to  counsel  with  us,  and  their  haughty 
assumption  of  responsibility  upon  themselves  for  their  mis 
guided  action.  Our  people  will  not  soon  forget  that,  while 
declaiming  against  coercion,  they  closed  their  doors  against 
the  exportation  of  slaves  from  the  border  States  into  the 
South,  with  the  avowed  purpose  of  forcing  us  into  rebellion 
tlirough  fears  of  losing  that  species  of  property.  They 
knew  very  well  the  effect  to  be  produced  on  slavery  by  a 
civil  war,  especially  in  those  States  into  which  hostile  ar 
mies  might  penetrate,  and  upon  the  soil  of  which  the  great 
contests  for  the  success  of  republican  government  were  to 
be  decided.  They  wanted  some  intermediate  ground  for  the 
conflict  of  arms — territory  where  the  population  would  be 
divided.  They  knew,  also,  that  by  keeping  slavery  in  the 
border  States  the  mere  "  friction  and  abrasion,"  to  which 
you  so  appropriately  allude,  would  keep  up  a  constant  irri 
tation,  resulting  necessarily  from  the  frequent  losses  to 
which  the  owners  would  be  subjected.  They  also  calculated 
largely,  and  not  without  reason,  upon  the  repugnance  of 
non-slaveholders  in  those  States  to  a  free  negro  population. 
In  the  meantime  they  intended  persistently  to  charge  the 
overthrow  of  slavery  to  he  the  object  of  the  Government, 
and  hostility  to  this  institution  tins  origin  of  the  war.  By 
this  means  the  unavoidable  incidents  of  the  strife  might 
easily  be  charged  as  the  settled  purposes  of  the  Government. 
Again,  it  was  well  understood  by  these  men  that  exemplary 
conduct  on  the  part  of  every  officer  and  soldier  employed 
by  the  Government  could  not  in  the  nature  of  things  be  ex 
pected,  and  the  hope  was  entertained,  upon  the  most  reason 
able  grounds,  that  every  commission  of  wrong  and  every 
omission  of  duty  would  produce  a  new  cause  for  excitement 
and  a  new  incentive  to  rebellion. 

By  these  means  the  war  was  to  be  kept  in  the  border 
States,  regardless  of  our  interests,  until  an  exhausted  treas 
ury  should  render  it  necessary  to  send  the  tax-gatherer 
among  our  people,  to  take  the  little  that  might  be  left  them 
from  the  devastations  of  war.  They  then  expected  a  clamor 
for  peace  by  us,  resulting  in  the  interference  of  France 
and  England,  whose  operatives  in  the  meantime  would  be 
driven  to  want,  and  whose  aristocracy  have  ever  been  ready 
to  welcome  a  dissolution  of  the  American  Union. 

This  cunningly-devised  plan  for  securing  a  Gulf-Confed 
eracy,  commanding  the  mouths  of  the  great  western  rivers, 
the  Gulf  of  Mexico,  and  the  southern  Atlantic  ocean,  with 
their  own  territory  unscathed  by  the  horrors  of  war,  and 
surrounded  by  the  border  States,  half  of  whose  population 
would  be  left  in  sympathy  with  them  for  many  years  to 
come,  owing  to  the  irritations  to  which  I  have  alluded,  has 
so  far  succeeded  too  well. 

In  Missouri  they  have  already  caused  us  to  lose  a  third  or 
more  of  the  slaves  owned  at  the  time  of  the  last  census.  In 
addition  to  this,  I  can  make  no  estimate  of  the  vast  amount 
of  property  of  every  character  that  has  been  destroyed  by 
military  operations'iu  the  State.  The  loss  from  general  de 
preciation  of  values,  and  the  utter  prostration  of  every 
business  interest  of  our  people,  is  wholly  beyond  calcula 
tion.  The  experience  of  Missouri  is  but  the  experience  of 
other  sections  of  the  country  similarly  situated.  The  ques 
tion  is  therefore  forced  upon  us,  "  How  long  is  this  war  to 
continue;  and,  if  continued,  as  it  has  been,  on  our  soil,  aided 
by  the  treason  and  folly  of  our  own  citizens,  acting  in  con 
cert  with  the  Confederates,  how  long  can  slavery,  or,  if  you 
please,  any  other  property  interest,  survive  in  oiir  States  ? " 

As  things  now  are,  the  people  of  the  border  States  yet 
divided,  we  cannot  expect  an  immediate  termination  of  the 


struggle,  except  upon  condition  of  southern  independence,, 
losing  thereby  control  of  the  lower  Mississippi.  For  this- 
we  in  Missouri  are  not  prepared,  nor  are  we  prepared  to  be 
come  one  of  tin-  Confederate  States,  should  the  terrible 
calamity  of  dissolution  occur.  This,  I  presume,  the  Union 
men  of  Missouri  would  resist  to  the  duath.  And  whether 
they  should  do  KO  or  not,  I  will  not  suppose  for  an  instant 
that  the  Government  of  the  United  States  would  upuu  any 
condition  submit  to  the  loss  of  territory  so  essential  to  its 
future  commercial  greatness  as  is  the  State  of  Missouri, 
But  should  all  other  reasons  fail  to  prevent  such  a  misfor 
tune  to  our  people  of  Missouri,  there  is  one  that  cannot  fail. 
The  Confederates  never  wanted  us,  and  would  not  have  us. 
I  assume,  therefore,  tiiat  the  war  will  not  cease,  but  will  bo 
continued  until  the  rebellion  shall  be  overcome.  It  cannot 
and  will  not  cease,  so  far  as  the  people  of  Missouri  are  con 
cerned,  except  upon  condition  of  our  remaining  in  the- 
Union,  and  the  whole  West  will  demand  the  entire  control 
of  the  Mississippi  river  to  the  Gulf.  Our  interest  is  there 
fore  bound  up  with  the  interests  of  those  States  maintaining 
the  Union,  and  especially  with  the  great  States  of  the  West, 
that  must  be  consulted  in  regard  to  the  terms  of  any  peace- 
that  may  be  suggested,  even  by  the  nations  of  Europe, 
should  they  at  any  time  unfortunately  depart  from  their 
former  pacific  policy  and  determine  to  intervene  in  our  af 
fairs. 

The  war,  then,  will  have  to  be  continued  until  the  Union 
shall  be  practically  restored.  In  this  alone  consists  the  fu 
ture  safety  of  the  border  States  themselves.  A  separation 
of  the  Union  is  ruinous  to  them.  The  preservation  of  the 
Union  can  only  bo  secured  by  a  continuation  of  the  war. 
The  consequences  of  that  continuation  may  be  judged  of  by 
the  experience  of  the  last  twelve  months.  The  people  of 
my  State  are  as  competent  to  pass  judgment  in  the  premises 
as' I  am.  I  have  every  confidence  in  their  intelligence,  their 
honesty,  and  their  patriotism. 

In  your  own  language,  the  proposition  you  make  "set* 
up  no  claim  of  a  right  by  Federal  authority  to  interfere 
with  slavery  within  State  limits,  referring,  as  it  does,  the 
absolute  control  of  the  subject  in  each  case  to  the  State  and» 
its  people  immediately  interested.  It  is  proposed  as  a  mat 
ter  of  perfectly  free  choice  with  them." 

In  this  view  of  the  subject  I  can  frankly  sny  to  you  that, 
personally.  I  never  could  appreciate  the  objections  so  fre 
quently  urged  against  the  proposition.  If  I  understood 
you  properly,  it  was  your  opinion,  not  that  slavery  should 
bo  removed  in  order  to  secure  our  loyalty  to  the  Govern 
ment,  for  every  personal  act  of  your  administration  pre 
cludes  such  as  inference,  but  you  believe  that  the  peculiar 
species  of  property  was  in  imminent  danger  from  ihe  war  in 
which  w«  were  engaged,  and  that  common  justice  demand 
ed  remunenition  for  the  loss  of  it.  You  then  believed, 
and  again  express  the  opinion,  that  the  peculiar  nature  of 
the  content  is  such  that  its  loss  is  almost  inevitable,  and 
lest  any  pretext  for  a  charge  of  injustice  against  the  Gov 
ernment  be  given  to  its  enemies,  you  propose  to  ex'en'i  to 
the  people  of  those  States  standing  by  the  Union  the  choice 
of  payment  for  their  slaves  or  the  responsibility  of  loss, 
should  it  occur,  without  complaint  against  theGovernmcnt. 

Placing  the  matter  in  this  light,  (a  mere  remuneration  for 
losses  rendered  inevitable  by  the  casualties  of  war.)  the 
objection  of  a  constitutional  character  may  be  rendered: 
much  less  formidable  in  the  minds  of  northern  Represent 
atives  whose  constituents  will  have  to  share  in  the  pay 
ment  of  the  money  ;  and,  so  far  as  the  border  States  are 
concerned,  this  objection  should  be  most  sparingly  urged, 
for  ic  being  a  matter  entirely  of  their  "own  free  choice." 
in  case  of  a  desire  to  accept,  no  serious  argument  will 
liiv'ely  be  urged  against  the  receipt  of  the  money,  or  a  fund 
for  colonization.  But,  aside  from  the  power  derived  from 
the  operations  of  war.  there  may  be  found  numerous  pre 
cedents  in  the  legislation  of  the  past,  such  as  grnnts  of  land 
and  money  to  the  several  States  for  specified  objects 
deemed  worthy  by  the  Federal  Congress.  And  in  addition 
to  this  may  be  cited  a  deliberate  opinion  of  Mr.  Webster 
upon  this  very  subject,  in  one  of  fhe  ablest  arguments  of 
his  life. 

I  allude  to  this  question  of  power  merely  in  vindication 
of  the  position  assumed  by  mo  in  my  vote  for  the  resolution 
of  March  last.  In  your  last  communication  to  us,  you  beg 
of  us  "  to  commend  this  subject  to  the  consideration  of  our 
States  and  people."  While  I  entirely  differ  with  you  in 
the  opinion  expressed,  that  had  the  members  from  the 
border  States  approved  of  your  resolution  of  March  last 
"  the  war  would  now  be  substantially  ended,"  »nd  while  I 
do  r.ot  regard  the  suggestion  "as  one  of  the  most  potent 
and  swift  means  of  ending"  the  war,  I  dm  yet  free  to  say 
that  I  have  the  most  unbounded  confidence  in  your  sin 
cerity  of  purpose  in  calling  our  attention  to  the  dangers 
surrounding  us.  I  nrn  satisfied  that  you  apprecia'e  the 
troubles  of  the  border  States,  and  that  your  suggestions  are 
intended  for  our  good.  I  feel  the  force  of  y<  ur  urgent  ap 
peal,  and  the  logic  of  surrounding  circumstances  brin_» 
conviction  even  loan  unwilling  believer.  Having  said  that. 


220 


EMANCIPATION. 


in  my  judgment,  you  attached  too  much  importance  to  this 
measure  as  a  means  for  suppressing  the  rebellion,  it  indue 
to  you  that  I  shall  explain. 

Whatever  may  be  tho  status  of  the  border  States  in  this 
respect,  the  war  cannot  be  ended  a  "til  the  "power  of  the 
Government  is  made  manifest  in  the  seceded  States.  They 
appealed  to  the  sword;  give  them  the  sword.  They  asked 
tor  war;  let  them  see  its  evils  on  their  own  soil.  They 
tiave  erected  a  Government  and  thoy  force  obedience  toil* 
behests.  This  structure  must  be  destroyed;  this  image, 
before  which  an  unwilling  people  have  been  compelled  to 
bow,  must  be  broken.  The  authority  of  the  Federal  Gov 
ernment  must  be  felt  in  the  heart  of  the  rebellious  district. 
To  do  this  let  armies  be  marched  upon  them  at  once,  and 
let  them  feel  what  they  \\av  •  inflicted  on  us  in  the  border. 
Do  not  fear  our  States  ;  we  will  stand  by  the  Government 
in  this  work. 

I  ought  not  to  disguise  from  you  or  the  people  of  iny  State 
that  personally  I  have  fixed  and  unalterable  opinions  on 
the  subject  of  your  communication.  Those  opinions  I  shall 
communicate  to  the  people  in  that  spirit  of  frankness  that 
should  characterize  tho  intercourse  of  tho  representative 
with  his  constituents.  If  I  were  to-day  the  owner  of  the 
lands  and  slaves  of  Missouri,  your  proposition,  so  far  as  that 
State  is  concerned,  would  bo  immediately  accepted.  Not  a 
•day  would  be  lost.  Aside  from  public  considerations,  which 
you  suppose  to  be  involved  in  the  proposition,  and  which 
no  patriot,  I  agree,  should  disregard  at  present,  my  own 
personal  interest  would  prompt  favorable  and  immediate 
action. 

But  having  said  this,  it  is  proper  that  I  say  something 
more.  The  representative  is  the  servant  and  not  the  mas 
ter  of  the  people.  He  has  no  authority  to  bind  them  to 
any  course  of  action,  or  even  to  indicate  what  they  will  or 
will  not  do  when  the  subject  is  exclusively  theirs  and  not 
his.  I  shall  take  occasion,  I  hope  honestly,  to  give  my 
views  of  existing  troubles  and  impending  dangers,  and  shall 
leave  the  rest  to  them,  disposed,  as  I  am,  rather  to  trust 
their  judgment  upon  the  case  stated  than  my  own,  and 
at  the  same  time  most  cheerfully  to  acquiesce  in  their  de 
cision. 

For  you,  personally,  Mr.  President,  I  think  I  can  pledge 
the  kindest  considerations  of  the  people  of  Missouri,  and  I 
shall  not  hesitate  to  express  the  belief  that  your  recom 
mendation  will  be  considered  by  them  in  the  same  spirit  of 
kindness  manifested  by  you  in  its  presentation  to  us,  and 
that  their  decision  will  be  such  as  is  demanded  "  by  their 
interests,  their  honor,  and  their  duty  to  the  whole  coun 
try/' 

I  am,  very  respectfully,  your  obedient  servant, 

J.  B.  HENDERSON. 
To  his  Excellency  A.  LINCOLN,  President. 

December  1,  1862 — The  President,  in  his 
second  annual  message,  recurs  to  the  subject: 

EXTRACT    FROM    PRESIDENT    LINCOLN'S    SECOND    ANNUAL 
MESSAGE. 

On  the  22d  day  of  September  last,  a  procla 
mation  was  issued  by  the  Executive,  a  copy  of 
which  is  herewith  submitted. 

In  accordance  with  the  purpose  expressed 
in  the  second  paragraph  of  that  paper,  I  now 
respectfully  recall  your  attention  to  what  may 
be  called  ''compensated  emancipation." 

A  nation  may  be  said  to  consist  of  its  ter 
ritory,  its  people,  and  its  laws.  The  territory 
is  the  only  part  which  is  of  certain  durability. 
4-  One  generation  passeth  away,  and  another 
generation  cometh,  but  the  earth  abideth  for- 
-ever."  It  is  of  the  first  importance  to  duly 
consider  and  estimate  this  ever-enduring  part. 
That  portion  of  the  earth's  surface  which  is 
owned  and  inhabited  by  the  people  of  the 
United  State?,  is  well  adapted  to  be  the  home 
of  one  national  family  ;  and  it  is  not  well 
adapted  for  two,  or  more.  Its  vact  extent,  and 
its  variety  of  climate  svnd  productions,  are  of 
advantage,  in  this  age,  for  one  people,  what 
ever  they  might  have  been  in  former  ages. 
Steam,  telegraphs,  and  intelligence,  have 
brought  these  to  be  an  advantageous  combina 
tion  for  one  united  people. 

In  the  inaugural  address  I  briefly  pointed 
out  the  total  inadequacy  of  disunion,  as  a 


remedy  for  the  differences  between  the  people 
of  the  two  sections.  I  did  so  in  language 
which  I  cannot  improve,  and  which,  therefore, 
I  beg  to  repeat : 

"  One  section  of  our  country  believes  slavery  is  right,  and 
ought  to  be  extended,  while  the  other  believes  it  is  wrong, 
and  ought  not  to  be  extended.  This  is  the  only  substanti.il 
dispute.  The  fugitive  slave  clause  of  tho  Constitution,  and 
the  law  for  tho  suppression  of  the  foreign  slave  trade,  are 
each  as  well  enforced,  perhaps,  as  any  law  can  ever  be  in  a 
community  where  the  moral  sense  of  the  people  imperfectly 
supports  the  law  itself.  The  great  body  of  the  people  abidu 
by  the  dry  legal  obligation  in  both  cases,  and  a  few  break 
oyer  in  each.  This,  I  think,  cannot  be  perfectly  cured ;  and 
it  would  be  worse  in  both  cases  after  the  separation  of  tho 
sections,  than  before.  The  foreign  slave  trade,  now  im 
perfectly  suppressed,  would  bt3  ultimately  revived  without 
restriction  in  one  section ;  while  fugitive  slaves,  now  only 
partially  surrendered,  would  not  be  surrendered  at  all  by 
the  other. 

"Physically  speaking,  we  cannot  separate.  We  cannot 
remove  our  respective  sections  from  each  other,  nor  build 
an  impassable  wall  between  them.  A  husband  and  wife 
may  be  divorced,  and  each  go  out  of  the  presence  and  be 
yond  the  reach  of  each  other  ;  but  the  different  parts  of  out 
country  cannot  do  this.  They  cannot  but  remain  face  to 
faci) ;  and  intercourse,  either  amicable  or  hostile,  mu-t  con 
tinue  between  them.  Is  it  possible,  then,  to  make  that  in 
tercourse  more  advantageous  or  more  satisfactory  after 
separation  than  before  f  Can  aliens  make  treaties  easier 
than  friends  can  make  laws  t  Can  treat ic-s  be  more  faith 
fully  enforced  between  aliens  than  laws  can  among  friends? 
Suppose  yon  go  to  war,  you  cannot  fight  always :  and  when, 
after  much  loss  on  both  sides,  and  no  gain  on  either,  you 
cease  fighting,  the  indentical  old  questions  as  to  terms  ot 
intercourse  are  again  upon  you." 

There  is  no  line,  straight  or  crooked,  suitable 
for  a  national  boundary  upon  which  to  divide. 
Trace  through,  from  East  to  West,  upon  the  line 
between  the  free  and  slave  country,  and  we  shall 
find  a  little  more  than  one  third  of  its  length 
are  rivers,  easy  to  be  crossed,  and  populated, 
or  soon  to  be  populated,  thickly  upou  both 
sides;  while  nearly  all  its  remaining  length  are 
merely  surveyor's  lines,  over  which  people  may 
walk  back  and  forth  without  any  consciousness 
of  their  presence.  No  part  of  this  line  can  be 
made  any  more  difficult  to  pass  by  writing  it- 
down  on  paper  or  parchment  as  a  national 
boundary.  The  fact  of  separat  on,  if  it  comes, 
gives  up  on  the  part  of  the  seceding  seciion  the 
fugitive  slave  clause,  along  with  all  other  con 
stitutional  obligations  upon  the  section  seceded 
from,  while  I  should  expect  no  treaty  stipula 
tion  would  ever  be  made  to  take  its  place. 

But  there  is  another  difficulty.  The  great  in 
terior  region,  bounded  east  by  the  Alleghanies, 
north  by  the  British  dominions,  west  by  the 
Rocky  mountains,  and  south  by  the  line  along 
which  the  culture  of  corn  and  cotton  meets, 
and  which  includes  part  of  Virginia,  part  of 
Tennessee,  all  of  Kentucky,  Ohio,  Indiana, 
Michigan.  Wisconsin,  Illinois,  Missouri,  Kansas, 
Iowa,  Minnesota,  and  the  Territories  of  Dakota, 
Nebraska,  and  part  of  Colorado,  already  has 
above  ten  million  people,  and  will  have  fifty 
millions  within  fifty  years,  if  not  prevented  by 
any  political  folly  or  mistake.  It  contains 
more  than  one  third  of  the  country  owned  by 
the  United  States — certainly  more  than  one 
million  square  miles.  Once  half  as  populous 
as  Massachusetts  already  is,  it  would  have  more 
than  seventy-five  million  people.  A  glance  at 
the  map  shows  that,  territorially  speaking,  it 
is  the  great  body  of  the  Republic.  The  other 
parts  are  but  marginal  borders  to  it,  the  mag 
nificent  region  sloping  west  from  the  Rocky 
Mountains  to  the  Pacific,  being  the  deepest  and 


EMANCIPATION. 


221 


also  the  richest  in  undeveloped  resources.  In 
the  production  of  provisions,  grains,  grasses, 
and  all  which  proceed  from  them,  this  great 
interior  region  is  naturally  one  of  the  most 
important  in  the  world.  Ascertain  from  the 
Bta  istics  the  small  proportion  of  the  region 
which  has,  as  yet,  been  brought  into  cultiva 
tion,  and  also  the  large  and  rapidly  increasing 
amount  of  its  products,  and  we  shall  be  over 
whelmed  with  the  magnitude  of  the  prospect 
presented.  And  yet  this  region  has  no  sea- 
coast,  touches  no  ocean  anywhere.  As  part  of 
one  nation,  its  people  now  find,  and  may  for 
ever  find,  their  way  to  Europe  by  New  York, 
to  South  America  and  Africa  by  New  Orleans, 
and  to  Asia  by  San  Francisco.  But  separate 
our  common  country  into  two  nations,  as 
designed  by  the  present  rebellion,  and  evei'y 
man  of  this  great  interior  region  is  thereby 
cut  off  from  some  one  or  more  of  these  outlets, 
not,  perhaps,  by  a  physical  barrier,  but  by  em 
barrassing  and  onerous  trade  regulations. 

And  this  is  true,  wherever  a  dividing  or  bound 
ary  line  may  be  fixed.  Place  it  between  the 
now  free  and  slave  country,  or  place  it  south 
of  Kentucky,  or  north  of  Ohio,  and  still  the 
truth  remains,  that  none  south  of  it  can  trade 
to  any  port  or  place  north  of  it,  and  none  north 
of  it  can  trade  to  any  port  or  place  south  of  it 
except  upon  terms  dictated  by  a  Government 
foreign  to  them.  These  outlets,  east,  west,  and 
south,  are  indispensable  to  the  well-being  of1 
the  people  inhabiting,  and  to  inhabit,  this  vast 
interior  region.  Which  of  the  three  may  be 
the  best  is  no  proper  question.  All  are  better 
than  either  ;  and  all  of  right  belong  to  that 
people,  and  to  their  successors  forever.  True 
to  themselves,  they  will  not  ask  where  a  line  of 
separation  shall  be,  but  will  vow  rather  that, 
there  shall  be  no  such  line.  Nor  are  the  mar 
ginal  regions  less  interested  in  these  communi 
cations  to  and  through  them,  to  the  great 
outside  world.  They,  too,  and  each  of  them, 
must  have  access  to  this  Egypt  of  the  West 
without  paying  toll  at  the  crossing  of  any  na 
tional  boundary. 

Our  national  strife  springs  not  from  our  per 
manent  part;  not  from  the  land  we  inhabit; 
not  from  our  national  homestead.  There  is  no 
possible  severing  of  this,  but  would  multiply 
and  not  mitigate  evils  among  us.  In  all  its 
adaptations  and  aptitudes  it  demands  union 
and  abhors  separation.  In  fact  it  would,  ere 
long,  force  reunion,  however  much  of  blood 
and  treasure  the  separation  might  have  cost. 

Our  strife  pertains  to  ourselves — to  the  pass 
ing  generations  of  men  ;  and  it  can,  without 
convulsion,  be  hushed  forever  with  the  passing 
of  one  generation. 

In  this  view,  I  recommend  the  adoption  of 
the  following  resolution  and  articles  amenda 
tory  to  the  Constitution  of  the  United  States: 

"  Rf.S'Hced  by  the  Senate  and  House  of  Representatives  of 
tli?  Unitr.it  Stales  of  Amtrica  in  L'ongn-ss  assembled,  (two 
thirds  of  botli  Houses  concurring.)  That  the  following 
articles  I* proposed  to  the  Legislatures  (or  conventions)  of 
the  several  States  us  amendments  to  the  Constitution  of 
the.  United  States,  all  or  any  of  which  articles  when  ratified 
by  three  fourths  of  the  s.iid  Legislatures  (or  conventions) 
to  bo  valid  as  part  or  parts  of  the  said  Constitution, 
namely : 

"AKTICLE  — .  Every  State,  wherein  shivery  imw  exists, 


which  shall  abolish  the  same  therein,  at  any  time,  or  times, 
before  the  first  day  of  January,  in  the  year  of  our  Lord  one- 
thousand  nine  hundred,  shall  receive  compensation  from 
the  United  States,  as  follows,  to  wit : 

"The  President  of  the  United  States  shall  deliver  to  every 
such  State  bonds  of  the  United  States,  bearing  interest 

at  the  rate  of per  cent,  per  annum,  to  an  amount 

equal  to  the  aggregate  sum  of for  each  slave  showi* 

to  have  been  therein  by  the  eighth  census  of  the  United: 
States,  said  bonds  to  be  delivered  to  such  States  by  instal 
ments,  or  in  one  parcel,  at  the  completion  of  the  abolish 
ment,  accordingly  as  the  tame  shall  have  been  gradual,  or 
at  one  time,  within  such  State;  and  interest  shall  begin  to- 
run  upon  any  such  bond  only  from  the  proper  time  of  it* 
delivery  as  aforesaid.  Any  State  having  received  bonds  as 
aforesaid,  and  afterwards  reintroducing  or  tolerating  slavery 
therein,  shall  refund  to  the  United  States  the  bonds  so  re 
ceived,  or  the  value  thereof,  and  all  interest  paid  thereon. 

"ARTICLE — .  All  slaves  who  shall  have  enjoyed  actual 
freedom  by  the  chances  of  the  war  at  any  time  before  the 
end  of  the  rebellion,  shall  be  forever  free;  but  all  owners 
of  such,  who  shall  not  have  been  disloyal,  shall  be  compen 
sated  for  them,  at  the  same  rates  as  is  provided  for  Suites 
adopting  abolishment  of  slavery,  but  in  such  way  that  no- 
slave  shall  be  twice  accounted  for. 

"  ARTICLE  — .  Congress  may  appropriate  money  and  oth 
erwise  provide  for  colonizing  tree  colored  persons,  with 
their  own  consent,  at  any  place  or  places  without  the  United 
States." 

1  beg  indulgence  to  discuss  these  proposed 
articles  at  some  length.  Without  slavery  the 
rebellion  could  never  have  existed ;  without 
slavery  it  could  n'ot  continue. 

Among  the  friends  of  the  Union  there  is  great 
diversity  of  sentiment  and  of  policy  in  regard  to 
slavery,  and  the  African  race  among  us.  Some 
would  perpetuate  slavery  ;  some  would  abolish 
it  suddenly,  and  without  compensation  ;  some 
would  abolish  it  gradually,  and  with  compensa 
tion  ;  some  would  remove  the  freed  people  from 
us,  and  some  would  retain  them  with  us  ;  and 
there  are  yet  other  minor  diversities.  Because 
of  these  diversities,  we  waste  much  strength  in 
struggles  among  ourselves.  By  mutual  conces 
sion  we  should  harmonize  and  act  together. 
This  would  be  compromise ;  but  it  would  be 
compromise  among  the  friends,  and  not  with  tie 
enemies  of  the  Union.  These  articles  are  in 
tended  to  embody  a  plan  of  such  mutual  con 
cessions.  If  the  plan  shall  be  adopted,  it  is 
assumed  that  emancipation  will  follow,  at  least, 
in  several  of  the  States. 

As  to  the  first  article,  the  main  points  are: 
first,  the  emancipation  ;  secondly,  the  length  of 
time  for  consummating  it — thirty-seven  years  ; 
and,  thirdly,  the  compensation. 

The  emancipation  will  be  unsatisfactory  to 
the  advocates  of  perpetual  slavery ;  but  the 
length  of  time  should  greatly  mitigate  their  dis 
satisfaction.  The  time  spares  both  races  from 
the  evils  of  sudde  i  derangement — in  fact,  from 
the  necessity  of  any  derangement — while  most 
of  those  whose  habitual  course  of  thought  will 
be  disturbed  by  the  measure  will  have  passed 
away  before  its  consummation.  They  will  never 
see  it.  Another  class  will  bail  the  prospect  of 
emancipation,  but  will  deprecate  the  length  of 
time  They  will  feel  that  it  gives  too  little  to 
the  now  living  slaves.  But  it  really  gives  them 
much.  It  saves  them  from  the  vagrant  desti 
tution  which  must  largely  attend  immediate 
emancipation  in  localities  where  their  numbers 
ire  very  great;  and  it  gives  the  inspiring  as 
surance  that  their  posterity  shall  be  free  for 
ever.  The  plan  leaves  to  each  State,  choosing 
to  act  under  it,  to  abolish  slavery  now  or  at  the 
end  of  the  century  or  at  any  intermediate  time 


222 


EMANCIPATION. 


or  by  degrees,  extending  over  the  whole  or  any 
part  of  the  period  ;  and  it  obliges  no  two  States 
to  proceed  alike.  It  also  provides  for  compen 
sation,  nnd  generally,  the  mode  of  making  it. 
This,  it  would  seem,  must  further  mitigate  the 
dissatisfaction  of  those  who  favor  perpetual 
slavery,  and  especially  of  those  who  are  to  re 
ceive  the  ».  ^mpensation.  Doubtless  some  of 
those  who  are  to  pay,  and  not  to  receive,  will 
object.  Yet  the  measure  is  both  just  and 
economical.  In  a  certain  sense,  the  liberation 
of  slaves  is  the  destruction  of  property — pro 
perty  acquired  by  descent,  or  by  purchase,  the 
same  as  any  other  property.  It  is  no  less  true 
for  having  been  often  said,  that  the  people  of 
the  South  are  not  more  responsible  for  the  ori 
ginal  introduction  of  this  property  than  are  the 
people  of  the  North  ;  and  when  it  is  remem 
bered  how  unhesitatingly  we  all  use  cotton  and 
sugar,  and  share  the  profits  of  dealing  in  them, 
it  may  not  be  quite  safe  to  say  that  the  South 
has  been  more  responsible  than  the  North  for 
its  continuance.  If,  then,  for  a  common  object, 
this  property  is  to  be  sacrificed,  is  it  not  just 
that  it  be  done  at  a  common  charge? 

And  if,  with  less  money,  or  money  more 
•easily  paid,  we  can  preserve  the  benefits  of  the 
Union  by  this  means  than  we  can  by  the  war 
Alone,  is  it  not  also  economical  to  do  it  ?  Let 
jus  consider  it  then.  Let  us  ascertain  the  sum 
we  have  expended  in  the  war  since  compensa 
ted  emancipation  was  proposed  last  March,  and 
consider  whether,  if  that  measure  had  been 
promptly  accepted,  by  even  some  of  the  slave 
States,  the  same  sum  would  not  have  done  more 
to  close  the  war  than  has  been  otherwise  done. 
If  so,  the  measure  would  save  money,  arid,  in 
that  view,  would  be  a  prudent  and  economical 
measure.  Certainly  it  is  not  so  easy  to  pay 
something  as  it  is  to  pay  nothing  ;  but  it  is  easier 
to  pay  a  large  sum  than  it  is  to  pay  a  Larger 
one.  And  it  is  easier  to  pay  any  sum  when  we 
are  able,  than  it  is  to  pay  it  before  we  are  able. 
The  war  requires  large  sums,  and  requires 
them  at  once.  The  aggregate  sum  necessary 
for  compensated  emancipation  of  course  would 
be  large.  But  it  would  require  no  ready  cash, 
nor  the  bonds,  even,  any  faster  than  the  eman 
cipation  progresses.  This  might  not,  and  pro 
bably  would  not,  close  before  the  end  of  the 
thirty-seven  years.  At  that  time  we  shall 
probably  have  a  hundred  million  people  to 
share  the  burden,  instead  of  thirty-one  rnil- 
1  ons,  as  now.  And  not  only  so,  but  the  in-  I 
crease  of  our  population  may  be  expected  to  I 
continue  for  a  long  time  after  that  period  as  ' 
ranidly  as  before ;  because  our  territory  will 
not  have  become  full.  1  do  not  state  this  in 
considerately.  At  the  same  ratio  of  increase 
which  we  have  maintained,  on  an  average,  from 
our  first  national  census  in  1790,  until  that  of 
18GO,  we  should,  in  1900,  have  a  population  of 
103,208,415.  And  wjiy  may  we  not  continue 
that  ratio  far  beyond  that  period?  Our  abun 
dant  room — our  broad  national  homestead — is 
ouraniple  resource.  Were  our  territory  as  limited 
us  are  the  British  Isles,  very  certainly  our  popu 
lation  could  riot  expand  as  stated.  Instead  of  re 
ceiving  the  foreign  born,  as  now,  we  should  be 
compelled  to  send  part  ?f  the  native  born  away. 


But  such  is  not  our  condition.  We  have  two 
million  nine  hundred  and  sixty-three  thousand 
square  miles.  Europe  has  three  million  and 
eight  hundred  thousand,  with  a  population 
averaging  seventy-three  and  one  third  persons 
to  the  square  mile.  Why  may  not  our  country, 
at  some  time,  average  as  mauy?  Is  it  less 
fertile?  Has  it  more  waste  surface,  by  moun 
tains,  rivers,  lakes,  deserts,  or  other  causes? 
Is  it  inferior  to  Europe  in  any  natural  advan 
tage  ?  If,  then,  we  are  at  some  time  to  be  as 
populous  as  Europe,  how  soon  ?  As  to  when 
this  may  be,  we  can  judge  by  the  past  and  the 
present;  as  to  when  it  will  be,  if  ever,  depends 
much  on  whether  we  maintain  the  Union.  Sev 
eral  of  our  States  are  already  above  the  average 
of  Europe — seventy-three  and  a  third  to  the 
square  mile.  Massachusetts  has  157  ;  Rhode 
Island,  133;  Connecticut,  99;  New  York  and 
New  Jersey,  each,  80.  Also  two  'other  great 
States,  Pennsylvania  andOhio.  are  not  far  below, 
the  former  having  63  and  the  latter  59.  The 
States  already  above  the  European  average,  ex 
cept  New  York,  have  increased  in  as  rapid  a 
ratio,  since  passing  that  point,  as  ever  before  ; 
while  no  one  of  them  is  equal  to  some  other 
parts  of  our  country  in  natural  capacity  for 
sustaining  a  dense  population. 

Taking  the  nation  in  the  aggregate,  and  we 
find  its  population  and  ratio  of  increase,  for  the 
several  decennial  periods,  to  be  as  follows  : 

1790 3,929,827 

1800 5,305.937  35.02  per  cent,  ratio  of  increase. 

1810 7,239.814  30.45   "         « 

1820 9,6o8.131  33.13   "         " 

1830 12,866,020  33.49   " 

1840 17,OC9,453  32.67   "         " 

1850 23,191,876  35.87   " 

1860 31.443,790  35.58   "         « 

This  shows  an  average  decennial  increase  of 
34  69  per  cent,  in  population  through  the  sev 
enty  years  from  our  first  to  our  last  census  yet 
taken.  It  is  seen  that  the  ratio  of  increase,  at 
no  one  of  these  seven  periods,  is  either  two  per 
cent,  below  or  two  per  cent,  above  the  average: 
thus  showing  how  inflexible,  and.  consequently, 
how  reliable,  the  law  of  increase,  in  our  case, 
is.  Assuming  that  it  will  continue,  gives  the 
following  results  : 

1870 42,323,341 

1880 56.567,216 

1800 76.677.8,2 

1900 U%:V-OS.41.-, 

1910 138 .91  s,;,  6 

19-0 186,9-4.:'*;.-, 

1930 -J5I,«  80,914 

These  figures  show  that  our  country  may  be 
as  populous  as  Europe  now  is  at  some  point 
between  1920  and  1930 — say  about  1925 — our 
territory,  at  severity-three  and  a  third  persons 
to  the  square  mile,  being  of  capacity  to  contain 
217,180,000. 

And  we  will  reach  this,  too,  if  we  do  not 
ourselves  relinquish  the  chance  by  the  folly 
and  evils  of  disunion,  or  by  long  and  exhaust 
ing  war  springing  from  the  only  great  element, 
of  national  discord  among  us.  While  it  can 
not  be  foreseen  exactly  how  much  one  huge 
example  of  secession,  breeding  lesser  ones  in 
definitely,  would  retard  population,  civiliza 
tion,  and  prosperity,  no  one  can  doubt  that  the 
extent  of  it  would  be  very  great  and  injurious. 

The   proposed   emancipation    would   sliortca 


EMANCIPATION. 


223 


the  w.-tr,  perpetuate  peace,  insure  this  increase 
of  population,  and  proportionately  the  wea  th 
of  the  country.  With  these,  we  should  pny 
all  the  emancipation  won  d  cost,  together  with 
our  other  debt,  easier  than  we  should  pay  our 
other  debt  without  it.  If  we  had  allowed  our 
old  national  debt  to  run  at  six  per  cent,  per 
annum,  simple  interest,  from  the  end  of  our 
revolutionary  struggle  until  to-day,  without 
paying  anything  on  either  principal  or  iotere  t, 
each  man  of  us  would  owe  less  upon  that  debt 
now  than  each  man  owed  upon  it  then  ;  and 
this  because  our  increase  of  men  through  the 
whole  period  has  been  greater  than  six  per 
<5ent.;  has  run  faster  than  the  interest  upon  the 
debt.  Thu?,  time  alone  relieves  ;,  debtor  na 
tion,  so  long  as  its  population  increases  faster 
than  unpaid  interest  accumulates  on  its  debt. 

This  fact  would  be  no  excuse  for  delaying 
payment  of  what  is  justly  due;  but  it  shows 
the  great  importance  of  time  in  this  connec 
tion — the  great  advantage  of  a  policy  by  which 
we  shall  not  have  to  pay  until  we  number  a 
hundred  millions,  what,  by  a  different  policy, 
we  would  have  to  pay  now,  when  we  number 
but  thirty- one  millions.  In  a  word,  it  shows 
that  a  dollar  will  be  much  harder  to  pay  for 
the  war  than  will  be  a  dollar  for  emancipation 
on  the  proposed  plan.  And  then  the  latter  will 
cost  no  blood,  no  precious  life.  It  will  be  a 
saving  of  both. 

As  to  the  second  article,  I  think  it  would  be 
impracticable  to  return  to  bondage  the  class  of 
persons  therein  contemplated.  Some  of  them, 
doubtless,  in  the  property  sense,  belong  to  loyal 
owners,  and  hence  provision  is  made  in  this  ar 
ticle  for  compensating  such. 

The  third  article  relates  to  the  future  of  the 
freed  people.  It  does  not  oblige,  but  merely 
authorizes,  Congress  to  aid  in  colonizing  such 
as  may  consent.  This  ought  not  to  be  regarded 
as  objectionable  on  the  one  hand  or  on  the  other, 
insomuch  as  it  comes  to  nothing,  unless  by  the 
mutual  consent  of  the  people  to  be  deported, 
and  the  American  voters,  through  their  repre 
sentatives  in  Congress. 

I  cannot  make  it  belter  known  than  it  already 
is,  that  I  strongly  favor  colonization.  And  yet 
I  wish  to  say  there  is  an  objection  urged  against 
free  colored  persons  remaining  in  the  country 
which  is  largely  imaginary,  if  not  sometimes 
malicious. 

It  is  insisted  that  their  presence  would  in 
jure  and  displace  white  labor  and  white  la 
borers.  If  there  ever  could  be  a  proper  time 
for  mere  catch  arguments,  that  time  surely  is 
not  now.  In  times  like  the  present  men  should 
titter  nothing  for  which  they  would  not  will 
ingly  be  responsible  through  time  and  in  eter 
nity.  Is  it  true,  then,  that  colorpd  people  c  n 
displace  any  more  white  labor  by  being  free  than 
by  remaining  slaves  1  If  they  stay  in  their  old 
places,  they  jostle  no  white  laborers;  if  they 
leave  their  old  places,  they  leave  them  open  to 
white  laborers.  Logically,  there  is  neither  more 
nor  less  of  it.  Emancipation,  even  without  de 
portation,  would  probably  enhance  the  wages  of 
white  labor,  and,  very  surely  would  not  reduce 
them.  Thus,  the  customary  amount  of  labor 
would  still  have  to  be  performed  ;  the  freed  peo 


ple  would  surely  not  do  more  than  their  old  pro 
portion  of  it,  and,  very  probably,  for  a  time  would 
do  less,  leaving  an  increased  part  to  white  la 
borers,  bring  their  labor  into  greater  demand, 
and  consequently  enhancing  the  wages  of  it. 
With  deportation,  even  to  a  limited  extent,  en 
hanced  wages  to  white  labor  is  mathematically 
certain.  Labor  is  like  any  other  commodity  in 
the  market — increase  the  demand  for  it  and 
you  increase  the  price  of  it.  Reduce  the  sup 
ply  of  black  labor  by  colonizing  the  black  la 
borer  out  of  the  country,  and  by  precisely  so 
much  you  increase  the  demand  for  and  wages 
of  white  labor. 

But  it  is  dreaded  that  the  freed  people  will 
swarm  forth,  and  cover  the  whole  land  1  Are 
they  not  already  in  the  land?  Will  liberation 
make  them  any  more  numerous?  Equally  dis 
tributed  among  the  whites  of  the  whole  coun 
try,  and  there  would  be  but  one  colored  to  seven 
whites.  Could  the  one,  in  any  way,  greatly 
disturb  the  seven  ?  There  are  many  communi 
ties  now,  having  more  than  one  free  colored 
p  rson  to  seven  whites  ;  and  this,  without  any 
apparent  consciousness  of  evil  from  it.  The 
Disirict  of  Columbia,  and  the  States  of  Mary 
land  and  Delaware,  are  all  in  this  condition. 
The  District  has  more  than  one  free  colored  to 
six  whites  ;  and  yet,  in  its  frequent  petitions 
to  Congress,  I  believe  it  has  never  presented  the 
presence  of  free  colored  persons  as  one  of  its 
grievances.  But  why  should  emancipation 
south,  send  the  freed  people  north?  People,  of 
any  color,  seldom  run,  unless  there  be  some 
thing  to  run  from.  Heretofore  colored  people, 
to  some  extent,  have  fled  north  from  bondage, 
and  now,  perhaps,  from  both  bondage  and  des 
titution.  But  if  gradual  emancipation  and  de 
portation  be  adopted,  they  will  have  neither  to 
flee  from.  Their  old  masters  will  give  them 
wages  at  least  until  new  laborers  can  be  pro 
cured  ;  and  the  freed  men,  in  turn,  will  gladly 
give  their  labor  for  the  wages,  till  new  homes 
can  be  found  for  them,  in  congenial  climes,  and 
with  people  of  their  own  blood  and  race.  This 
proposition  can  be  trusted  on  the  mutual  inter 
ests  involved.  And,  in  any  event,  cannot  the 
North  decide  for  itself,  whether  to  receive  them  ? 

Again,  as  practice  proves  more  than  theory, 
in  any  case,  has  there  been  any  irruption  of 
colored  people  northward  because  of  the  abo 
lishment  of  slavery  in  this  District  last  spring  ? 

What  I  have  said  of  the  proportion  of  free 
colored  persons  to  the  whites  in  the  District  is 
from  the  census  of  1800,  having  no  reference  to 
persons  called  contrabands,  nor  to  those  made 
free  by  the  act  of  Congress  abolishing  slavery 
here. 

The  plan  consisting  of  these  articles  is  recom 
mended,  not  but  that  a  restoration  of  the  na 
tional  authority  would  be  accepted  without  its 
adoption. 

Nor  will  the  war,  nor  proceedings  under  the 
proclamation  of  September  22,  1862.  be  stayed 
because  of  the  recommendation  of  this  plan.  Its 
timely  adoption,  I  doubt  not,  would  bring  res 
toration,  and  thereby  stay  both. 

And,  notwithstanding  this  plan,  the  recom 
mendation  that  Congress  provide  by  law  for 
compensating  any  State  which  may  adopt  eman- 


EMANCIPATION. 


cipation  before  this  plan  shall  have  been  acted 
upon  is  hereby  earnestly  renewed.  Such  would 
be  only  an  advance  part  of  the  plan,  and  the 
same  arguments  apply  to  both. 

This  plan  is  recommended  as  a  means,  not  in 
exclusion  of  but  additional  to  all  others  for 
restoring  arid  preserving  the  national  author 
ity  throughout  the  Union.  The  subject  is  pre- 
Hented  exclusively  in  its  economical  aspect. 
The  plan  would,  I  am  confident,  secure  peace 
more  speedily,  and  maintain  it  more  perma 
nently,  than  can  be  done  by  force  alone  ;  while 
all  it  would  cost,  considering  amounts,  and 
manner  of  payment,  and  times  of  payment, 
would  be  easier  paid  than  will  be  the  additional 
cost  of  the  war,  if  we  rely  solely  upon  force. 
It  is  much,  very  much,  that  it  would  cost  no 
blood  at  all.. 

The  plan  is  proposed  ws  permanent  consti 
tutional  law  It  cannot  become  such  without 
the  concurrence  of,  first,  two  thirds  of  Con 
gress,  and  afterwards,  three  fourths  of  the 
States.  The  requisite  three  fourths  of  the 
States  will  necessarily  include  seven  of  the 
slave  States.  Their  concurrence,  if  obtained, 
wiil  give  assurance  of  their  severally  adopting 
emancipation  at  no  very  distant  day  upon  the 
the  new  constitutional  terras.  This  assurance 
would  end  the  struggle  now,  and  save  the  Union 
forever. 

I  do  not  forget  the  gravity  which  should 
characterize  a  paper  addressed  to  the  Congress 
of  the  nation  by  the  <  hief  Magistrate  of  the 
nation.  Nor  do  I  forget  that  some  of  you  are 
my  seniors,  nor  that  many  of  you  have  more 
experience  than  I  in  the  conduct  of  public 
affairs.  Yet  I  trust  that  in  view  of  the  great 
responsibility  resting  upon  me,  you  will  per 
ceive  no  want  of  respect  to  yourselves  in  any 
undue  earnestness  I  may  seem  to  display. 

Is  it  doubted,  then,  that  the  p'an  I  propose, 
if  adopted,  would  shorten  the  war,  and  thus 
lessen  its  expenditure  of  money  and  of  blood  ? 
Is  it  doubted  that  it  would  restore  the  national 
authority  and  national  prosperity,  and  perpet 
uate  both  indefinitely  ?  Is  it  doubted  that  we 
here — Congress  and  Executive — can  secure  its 
adoption?  Will  not  the  good  people  respond 
to  a  united  and  earnest  appeal  from  us  ?  Can 
we,  can  they,  by  any  other  means  so  certainly 
or  so  speedily  assure  these  vital  objects?  We 
can  succeed  only  by  concert.  It  is  riot  "  can 
any  of  us  imagine  better?  '  but  ••  can  we  all  do 
better?"  Object  whatsoever  is  possible,  still 
the  question  recurs  "can  we  do  better?"  The 
dogmas  of  the  quiet  past  are  inadequate  to  the 
stormy  present.  The  occasion  is  piled  high 
with  difficulty,  and  we  must  rise  with  the  oc 
casion.  As  our  case  is  new,  so  we  must  think 
anew  and  act  anew.  We  must  disenthrall  our 
selves,  and  then  we  shall  save  our  country. 

Fellow-citizens,  wt  cannot  escape  history. 
We,  of  this  Congress  and  this  Administration, 
will  be  remembered  in"spite  of  ourselves.  No 
personal  significance,  or  insignificance,  can 
spare  one  or  another  of  us.  The  fiery  trial 
through  which  we  pass  will  light  us  down,  in 
honor  or  dishonor,  to  the  latest  generation. 
We  say  we  ate  for  the  Union.  The  wor  d  will 
not,  forget  that  we  say  this.  We  know  how  to 


save  the  Union.  The  world  knows  we  do  know 
how  to  save  it.  We — ev  n  we  here — hold  the 
power  and  bear  the  responsibility.  In  giving 
freedom  to  the  slave  we  assure  freedom  to  the 
free — honorable  alike  in  what  we  give  and  what 
we  preserve.  We  shall  nobly  save,  or  meanly 
lose,  the  last,  best  hope  of  earth.  Other  means 
may  succeed  ;  this  could  not  fail.  The  way  is 
plain,  peaceful,  generous,  just — a  way  which, 
if  followed,  the  world  will  forever  applaud, 
and  God  must  forever  bless. 

ABRAHAM  LINCOLN. 

COMPENSATED  EMANCIPATION    IN    MISSOURI.* 

Third  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

1863,  Jan.  6 — Mr.  NOELL,  of  Missouri,  from 
the  Select  Committee,  reported  a  bill,  providing 
that  the  following  propositions  be  submitted  to 
the  State  of  Missouri  to  be  accepted  "r  rejected 
by  the  Legislature  or  people  thereof: 

1.  The  Government  of  the  United  States  will,  upon  the 
passage  by  said  State  of  a  good  and  valid  act  of  emancipa 
tion  of  all  the  slaves  therein,  to  take  effect  within  the  period 
hereinafter  named,  and  to  be  irrc-pealable  unless  by  the 
consent  of  the  United  States,  apply  the  sum  of  $10,000,000, 
in  United  States   bonds,  redeemable  in   thirty  yearn  from 
their  date,  and  bearing  interest,  payable  seini-annually,  at 
the  rate  of  five  per  cent,  per  annum,  for  the  purpose  of 
paying  to  the  loyal  owners  of  such  slaves  in  said  State  a  just 
compensation  for  the  loss  of  the  services  of  such  slaves; 
the  said  bonds  to  be  prepared  and  issued  by  the  Secretary 
of  the  Treasury,  under  such  rules  and  regulations  as  he 
may  prescribe  to  make  effective  the  provisions  of  this  act. 

2.  That  in  the  event  of  the  adoption  by  the  said  State  of 
abolishment  of  slavery  therein,  as  hereinbefore  provided, 
the  Government  of  the  United  States  will  employ  all  rea 
sonable  means  for  the  deportation  of  such  of  said  emanci 
pated  slaves,  and  for   their  settlement  or  colonization  in 
someplace  outside  of  the  United  States,  as  may  con~>  ut 
thereto,  so  soon  as  and  whenever  proper  negotiations  con 
be  made  with  any  country  for  such  settlement  or  coloniza 
tion  in  a  congenial  climate,  or  within  a  reasonable  time 
thereafter. 

The  semi-annual  interest  to  be  payable,  and  the  bonds  re 
deemable  out  of  moneys  to  be  hereafter  appropriated  by 
Congress,  and  to  be  reimbursed  to  the  United  States  Treas 
ury  from  the  property  of  rebels  confiscated,  and  no  part  of 
the  money  to  be  paid  to  persons  who  have,  at  any  time 
engaged  in  or  in  any  manner  aided  in  the  rebellion,  or  held 
office  under  the  Confederate  States,  &c.  The  bonds  to  be 
delivered  to  the  Governor  of  Missouri  when  the  President 
shall  be  satisfied  that  a  valid  act  of  immediate  emancipa 
tion  shall  have  been  passed  by  the  Legislature,  irrepealable 
without  the  consent  of  the  United  States,  and  within  one 
year  from  Jan.  1, 1863. 

Mr.  HOLMAN  moved  to  lay  the  bill  on  the 
table  ;  which  was  lost — yeas  42,  nays  73. 

An  unimportant  amendment  was  made,  when 
Mr.  PENULETON  moved  to  lay  the  bill  on  the 
table  ;  which  was  lost — yeas  44,  nays  72. 

Mr.  CRAVENS  then  moved  that  the  House  ad 
journ  ;  which  was  lost — yeas  19,  nays  82 

When  the  bill  passed— yeas  83,  nays  50,  as 
follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Ashley,  Babbitt,  Baker,  Ba»- 
ter,  Bingham,  Jacob  B.  Blair,  Blake,  Buflinton,  Riirnham, 
Campbell,  Chamberlain,  Clark,  Colfax,  Frederick  A.  Conk- 
ling,  Roscoe  Conkling,  Covode,  Ducll,  Edgerton,  Edward*, 
Eliot,  Ely,  Fentou,  Samuel  C.Fessendon.  Thomas  A.  l>.  I  >- 
senden,  Fisher,  Franchot,  Gom^h,  Goodwin,  Halo,  Harrison, 
llickman,  Hooper,  Horton,  Hutehins,  Julian,  Kelley,  Fran 
cis  W.  Kellogg,  Lansing,  Lehman,  Loomis,  Lovcjoy,  Low, 
McKe*n,  Me  Knight,  McPhemm?Maynarcl,Moorbead,An*OD 
P.  Morrill,  Justin  S.  Morrill.  Nntll.  Olin.  Patton,  Timothy 
G.  Phelps,  Pike,  Pomeroy,  Alexander  11.  Rice,  John  H.  Rice. 
|  Riddle,  Edward  II.  Rollins.  Jamts  S.  Rollins,  Sargent,  S-d-- 
|  wick,  Shanks,  Sheffield,  Shellabargcr.  Sherman,  Boftulding, 
i  Stevens,  Benjamin  F.  Thomas, Train,  Trowbridge, Van  Horn, 


*  See  resolutions  of  Convention,  supra. 


EMANCIPATION. 


225 


Tan  Valkenburgh,Ven<»p,'Wnlkor,  Wall,  Wallace,  Wheeler, 
Albert  S.  \\liito,  Windom,  U'orcestor— 83. 

NAY? — Messrs.  William  Allen,  Awona,  Jiaily,  Middle,  Cal- 
vert, Clements.  f'o'.>b,  Cwniny, O>x,  Cravms,  ('riftendfn.Dnvift, 
Dunhijt,  Dunn,  Granger,  Onaer.  Hactffbt,  Hall,  Harding,  Hoi- 
•man,  Johnson,  William  Kellogg  K<rrigan,  Kntqip,  Law, 
Ma/lor;/,  Men:iet,  Morris,  Norton,  Oddl,  I'm  'lie! on,  Perry, 
Porter.'  Price,  SfiifJ,  Smith,  John  B.  Slecfe.,  William  G.  StetU, 
K'ili  *,  .Strutton,  Trimble,  Vallandigham,  Vourhtes,  Wadsioorth 
Ward,  Webster,  Wicldiffe,  Wilson,  Wood,  Woodruff— -50. 


IN  SENATE. 

January  14 — Mr.  TRUMBULL,  from  the  Com 
mittee  on  the  Judiciary,  reported  a  substitute  as 
follows  : 

That  whenever  satisfactory  evidence  shall  be  presented  to 
the  President  of  the  United  States  that  the  State  of  Mis 
souri  has  adopted  a  valid  and  constitutional  law,  ordinance, 
or  other  provision  for  the  gradual  or  immediate  emancipa 
tion  of  all  the  slaves  therein,  and  the  exclusion  of  slavery 
forever  thereafter  from  said  State,  it  shall  be  his  duty  to 
prepare  and  deliver  to  the  Governor  of  said  State,  as  here 
inafter  provided,  to  be  used  by  said  State  to  compensate  for 
the  inconveniences  produced  by  such  change  of  system, 
bonds  of  the  United  States  to  the  amount  of  $20,000,000,  the 
name  to  bear  interest  at  the  rate  of  rive  percent,  per  annum, 
and  payable  thirty  years  after  the  date  thereof:  Provided, 
That  the  said  bonds  shall  not  be  delivered  as  herein  di 
rected  unless  the  act  of  emancipation  shall  be  adopted  by 
s:n;i  State  within  twelve  months  after  the  passage  of  this 
act,  nor  unless  said  act  shall  provide  that  slavery  or  invol 
untary  servitude  within  said  State,  except  in  punishment 
of  crime,  shall  forever  cease  and  determine  on  some  day  not 
later  than  the  4th  day  of  July,  1876,  and  never  afterwards 
bo  introduced  therein:  And  provided  further,  That  said 
bonds  in  their  aggregate  amount  shall  not  exceed  the  sum 
of  !?  !00  for  each  slave  emancipated  under  the  provisions  of 
this  act  and  the  act  of  emancipation  to  be  passed  in  the 
State  of  Missouri  in  pursuance  thereof,  not  including  any 
slave  who  shall  be  introduced  into  said  State  subsequently 
to  the  passage  of  this  act,  or  lias  been  emancipated  or  shall 
become  free  under  the  provisions  of  an  act  entitled  l>Anact 
to  suppress  insurrection,  to  punish  treason  and  rebellion,  to 
neize  and  confiscate  the  property  of  rebels,  and  for  other 
purposes.''  approved  July  17, 1862. 

SEC.  2.  And  be  it  further  enacted,  That  in  the  event  of 
the  adoption  by  said  State  of  an  act  or  ordinance  for  the 
abolition  of  slavery  therein,  as  hereinbefore  provided,  the 
President  shall,  from  time  to  time,  as  they  may  be  re 


Mr.  WILSON,  of  Missouri,  moved  to  strike  out 
the  provision  limiting  the  amount  to  be  paid 
for  each  slave,  as  follows  : 

And  provided  further,  That  said  bonds  in  their  aggregate 
amount  shall  not  exceed  the  sum  of  $300  for  each  slave 
emancipated  under  the  provisions  of  this  act  and  the  act  of 
emancipation  to  be  passed  by  the  State  of  Missouri  in  pur 
suance  thereof. 

Which  was  disagreed  to — yeas  9,  nays  27,  as 
follows  : 

YEAS— Messrs.  Davis,  Kennedy,  Latham.  Nesmith,  Powell, 
Rice,  Wall,  Willey,  Wilson  of  Missouri— 9. 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla 
mer,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Harding,  Harlan,  Harris.  Henderson,  Hicks,  King,  Lane  of 
Indiana,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman,  Sum 
ner,  Ten  Eyck,  Trumbull,  Wilmot,  WiUon"of  Massachusetts 
—27. 

Mr.  POWELL  moved  to  strike  out.  of  the  first 
section  the  words  "riot  to  exceed  $20,000,000," 
and  insert  "  $11,000,000  ;"  which  was  disagreed 
to — yeas  13,  nays  22,  as  follows: 

YEAS— Messrs.  Carlile,  Clark,  Collamer,  Davis,  Fessenden, 
Grimes,  Hen-ding,  Harlan,  Lane  of  Indiana,  Nesmith,  Pow 
ell.  Rice,  Wall— 13. 

NAYS — Messrs.  Anthony,  Arnold,  Chandler,  Dixon,  Doo 
little,  Foot,  Foster,  Harris,  Henderson,  Howard,  King,  Lane 
of  Kansas,  Morrill,  Pomeroy,  Sunnier,  Ten  Eyck.  Triimbul!, 
Wade,  Willey,  Wilmot,  Wilson  of  Massachusetts,  Wilson  of 
Missouri— 22. 

Mr.  WILSON,  of  Missouri,  offered  the  follow 
ing  amendment : 

And  be  it  further  enacted,  That  no  part  of  the  bonds 
herein  specified  shall  be  delivered  until  the  act  of  the  Legis 
lature  or  the  Constitutional  Convention  of  the  State  of  Mis 
souri  providing  for  the  emancipation  of  the  slaves  in  said 
State  shall  be  submitted  to  a  vote  of  the  people  and  ap 
proved  by  a  majority  of  the  legal  voters  of  said  State. 

Which  was  disagreed  to — yeas  13,  nays  27,  as 
follows  : 

YEAS — Messrs.  Carlile,  Dans-,  Harding,  Kennedy,  Nesmith, 
Powell,  Rid>,  Richardson,  Saulsbury,  Turpie,  Wall,  Willey, 
Wilson  of  Missouri — 13. 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Collar 


quired,  cause  bonds  to  be  prepared  and  delivered,  as  afore-  j  mn'  i)ixon  Doolittle,  Fessenden,  Foot  Foster  Grimes  Har- 
^^^^^^^^L^jy^^^  ™  for  ?a?h     Ian/Harris,'  Henderson,  Howard,'  Howe,  Kfng   Lane  of  In- 

diana,   Lane  of  Kansas,   Morrill,    Pomeroy,   Sunnier,  Tea 
Eyck,  Trumbull,  Wade,  Wilmot,  Wilson  of  Massachusetts 


Hlave  made  free  under  the  provisions  of  this  act,  and  the 
act  to  be  passed  by  the  State  of  Missouri  in  pursuance 
thereof,  not  to  exceed  an  average  of  $300;  said  bonds  to  be 
delivered  only  as  said  slaves  are  made  free,  and  in  the  ag 
gregate  not  to  exceed  $20,000,000;  and  not  to  exceed 
$10.000,000,  unless  the  law  or  act  of  emancipation  to  be 
adopted  by  said  State  shall  provide  for  the  full  and  perfect 
manumission  of  all  the  slaves  therein  on  or  before  the  4th 
day  of  July,  A.  D.  1865,  and  the  future  exclusion  of  the 
system  of  slavery  from  the  State  forever  thereafter. 

SEC.  3.  And  be  it  further  enacted,  That  upon  the  enact 
ment  of  a  law  by  said  State  referring  to  this  act,  accepting 
its  provisions  and  adopting  laws  lor  the  ultimate  extinction 
of  slavery  therein,  the  faith  of  the  United  States  and  of  the 
said  State  will  be  pledged  to  carry  out  the  terms  of  the 
compact  thus  created :  Provided,  That  nothing  herein  con 
tained  shall  prevent  the  State  from  making  at  any  time 
such  alterations  or  amendments  in  its  emancipation  laws 
as  do  not  conflict  with  this  act,  or  such  as  shall  only  de- 
•Ti-ase  the  time  during  which  slavery  may  exist  in  the  said 
gtate. 

Feb.  7 — Mr.  WILSON,  of  Missouri,  offered  the 
following  amendment: 

That  the  said  bonds  shall  not  be  delivered  as  herein  di 
rected  unless  the  act  of  emancipation  shall  be  adopted  by 
said  State  within  three  years  after  the  passage  of  this  act. 
Striking  out  "  twelve  months"  and  inserting 
*•  three  years  ;"  which  was  disagreed  to — yeas 
8.  nays  27,  as  follows: 

YEAS— Messrs.  Carlile,  Davis,  Kennedy,  Nesmith,  Powell 
Ridiardxon,  Wall,  Wilson  of  Missouri— 8. 


Mr.  SUMNER  offered  an  amendment  to  strike 
out  «•  seventy-six,"  in  the  first  section,  and  in 
sert  "sixty-four," making  the  act  to  take  effect 
on  the  4th  of  July,  1864  ;  which  was  disagreed 
to — yeas  11,  nays  26,  as  follows: 

YEAS— Messrs.  Fessenden,  Grimes,  Harlan,  Lane  of  Indi 
ana,  Lane  of  Kansas,  Pomeroy,  Rice,  Sumner,  Wade,  Wil 
mot,  Wilson  of  Massachusetts— 11. 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Cowan, 
Davis,  Dixon,  Doolittle,  Foot,  Foster,  Harding.  Harris,  Hen 
derson,  Howard,  Howe,  King,  Latham,  Morrill.  NesmUh, 
Powell.  Sherman,  Ten  Eyck,  Trumbull,  Wall,  Willey,  WO- 
son  of  Missouri— 26. 

February  12 — Mr.  SUMNER  offered  the  follow 
ing  amendment : 

That  said  bonds,  in  their  aggregate  amount,  shall  not  ex 
ceed  the  sum  of  $200  for  each  slave  emancipated. 

Which  was  agreed  to — yeas  19,  nays  17,  as 
follows  : 

YEAS— Messrs.  Carlile.,  Clark,  Collamer,  Fessenden,  Grimes. 
ILirlan,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kars-is, 
Pomeroy,  Rice,  Sherman,  Sumner,  Trumbull,  Wade,  Wilkin 
son.  Wilmot,  Wilson  of  Massachusetts— 19. 

NAYS— Messrs.  Anthony,  Arnold,  Cowan,  Dixon,  Doolittle, 


twfu/./.M//,,  tr«u,  rruson  01  Missouri — o.  i  Foster.   Harris,    Henderson,  Hicks,  Howard,  iMt/iam,  J/c- 

NAVS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla-  '  DwffaU,  Morrill,  Richardson,  Ten  Eyck,    Wall,  Wilson  of 
nier,  Dixon,   Doolittle,   Fessenden,   Foot,   Foster,  Grimes      Missouri— 17. 

SSSfSSfBSZ  03SS.  USM    f'vTT  ,offered  an  r endment  to  •"*• 

Eyck,  Trumbull,  Willey,  Wilmot,  Wilson  of  Massachusetts     °ut  .°f  the   first   section    the   word    "gradual," 
~Tt-  making  the  operation   of  emancipation  imme- 


226 


EMANCIPATION. 


diate;  which  was  disagreed  to — yeas  11,  nays 
27,  as  follows : 

YEAS  — Messrs.  Carlile,  Collamer,  Cowan,  Fessenden, 
Grimes,  Harlan,  Lane  of  Kansas,  Pomeroy,  Sumner,  Wade, 
Wilson  of  Massachusetts — 11. 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Davis, 
Dixoii,  Doolittle,  Foster,  Harris,  Henderson,  Hicks,  Howard, 
Howe,  King,  Latham,  Mr. Dour/all,  Morrill,  Ne.smith,  Powell, 
jRtce,  Richardson,  Sherman,  Ten  Eyck,  Truiubull,  Wilkin 
son,  Wilniot,  Wilson  of  Missouri — 27. 

The  bill,  as  amended,  then  passed  the  Senate 
— yeas  23,  nays  18,  as  follows  : 

YEAS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Col- 
lamer,  Doolittle,  Foot,  Foster,  Ilarlan,  Harris,  Henderson, 
Howard,  Howe,  King,  Lane  of  Kansas,  Morrill,  Pomeroy, 
Sumner,  Trumbull,  Wade,  Wilkinson,  Wilmot,  Wilson  of 
Massachusetts — 23. 

NAYS— Messrs.  Carlile,  Cowan,  Davis,  Fessenden,  Grimes, 
Harding,  Kennedy,  Lane  of  Indiana,  Latham,  McDdugall, 
Nesmith,  Powell,  Richardson,  Saulsbury,  Ten  Eyck,  Turpie, 
Wall,  Wilson  of  Missouri— 18. 

February  18 — The  bill  was  considered  in  the 
House  of  Representatives,  and  recommitted  to 
the  Select  Committee — yeas  81,  nays  51. 

February  25 — The  committee  reported  back 
the  bill,  but  it  was  not  again  considered  by  the 
House. 

March  3 — Mr.  WHITE,  of  Indiana,  moved  to 
suspend  the  rules  to  take  it  up,  but  the  motion 
was  lost — yeas  62,  nays  5*7,  (two  thirds  being 
required.) 

COMPENSATED    EMANCIPATION    IN    MARYLAND. 

1863,  January  12 — Mr.  FRANCIS  THOMAS  of 
fered  the  following  resolution,  which  was 
agreed  to : 

Resolved,  That  the  Committee  on  Emancipation  and  Colo 
nization  be  instructed  to  inquire  into  the  expediency  of 
making  an  appropriation  to  aid  the  State  of  Maryland  in  a 
system  of  emancipation  and  colonization  of  persons  of  color, 
inhabitants  of  said  State. 

January  19 — Mr.  BINGHAM,  of  Ohio,  intro 
duced  a  bill  giving  aid  to  the  State  of  Mary 
land,  for  the  purpose  of  securing  the  abolish 
ment  of  slavery  in  said  State. 

February  25— Mr.  WHITE,  of  Indiana,  report 
ed  back  the  bill  with  amendments.  The  bill 
appropriated  $10,000,000,  upon  the  passage  of 
an  emancipation  bill,  to  take  effect  within  two 
years  from  Jan.  1,  1863,  upon  substantially  the 
terms  set  forth  in  the  Missouri  bill,  as  passed 
by  the  House. 

After  some  debate,  the  bill  was  re-committed 
to  the  Select  Committee  by  a  vote  of — yeas  75, 
nays  55,  as  follows: 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baker,  Beainan,  Bingham,  Jacob  B.  Blair,  Samuel  S.  Blair, 
Blake,  William  G.  Brown,  Buffinton,  Campbell.  Casey, 
Chamberlain,  Clark,  Clements,  Colfax,  Frederick  A.  Conk- 
ling,  Roscoe  Conkling,  Cutler,  Davis,  Dawes,  Piveri,  Ed- 
gcrton,  Edwards,  Eliot,  Ely,  Fenton,  Samuel  C.  Fessenden, 
Thomas  A.  D.  Fessenden,  Fisher,  Flanders,  Frank,  Gooch 
Gurley,  Halm,  Hutchins,  Kelley,  Lansing,  Leary,  Lehman 
Loom'is,  Lovejoy,  Low,  Mclndoe,  McKean,  Mr-Knight,  May- 
nnrd,  Mitchell,  Moorhead,  .Justin  S.  Morrill,  Nixon,  Pendle- 
t'jii,  Timothy  G.  Phelps,  Pomeroy,  Alexander  II.  Rice,  .John 
II.  Rice,  Riddle,  Edward  II.  Rollins,  Sargent,  Sedgwiek, 
Sheffield,  Shellabarger,  Sherman,  Stevens,  Francis  Thomas, 
Troworidge,  Verree,  Walker,  Wallace,  Albert  S.  White, 
Wilson,  Windom— 75. 

NAYS — Messrs.  William  Allen,  William  J.  Allen,  Ancona. 
Kiddie,  Culvert,  Conway,  Cox,  Cravens,  Crisfisld,  Delano. 
Dunltp,  Dunn,  Foulce,  Granger,  ffaif/ht,  Hale.  Hall,  Hard 
intj.  Harrison,  Ilolman,  Johnson,  Ken-iyan,  Knapp,  Law. 
Lazear,  Mcl'herson,  Alallonj,  May,  Menses,  Morris,  Noble, 
Norton  Nttgrn,  Pern/,  Porter,  Price,  Robinson,  Jamrs  A'. 
Rollins,  Segar,  Smith,  John  B.  Steel",  William  G.  Sterlt 
Slilsi*  Benjamin  F.  Thomas,  Train,  Trimble,  Vallandiyham 
Wadsworih,  Ward,  Webster,  Wichliffe,  Wood,  Woodruff 
Worcester,  Teaman^- 55. 

It  was  not  ugain  reached. 


EMANCIPATION  IN  MARYLAND — ITS  DAWNING. 

At  the  meeting  of  the  Union  Convention  of 
Baltimore  city,  May  28,  18G2,  Mr.  P.  G.  Sauer- 
wein,  from  the  Business  Committee,  reported 
these  resolutions,  which  were  adopted,  seriatim, 
unanimously: 

Whereas,  the  Union  men  of  the  city  of  Baltimore  have 
eceuuy,  by  large  meetings  in  their  respective  wards, 
chosen  this  City  Convention  to  represent  their  political  in 
terest  for  the  ensuing  year,  and  it  is  proper  that  amid  the 
rapid  progress  of  events,  and  in  these  times  of  emergency 
ind  peril,  we  should  more  definitely  settle  and  define  our 
position  aud  principles  in  the  face  of  the  country  :  There- 
ore, 

Resolved,  By  theUniou  City  Convention  of  Baltimore,  that 
we  reaffirm  our  unconditional  adhesion  to  the  Constitution 
and  Government  of  the  United  States. 

2.  That  the  National  Government  ought  not  to  lay  down 
ts  arms  until  its  authority  shall  be  acknowledged  and 

obeyed  in  every  portion  of  the  national  territory. 

3.  That  the  attempt  to  revive  a  political  organization  un 
der  the  leadership  of  men  who  have,  by  their  votes  and 
speeches,  encouraged  the  rebellion,  or  carped  at  the  neces 
sary  measures  of  the  Government  in  its  hour  of  trial,  or 

ailed  to  sympathize  in  the  great  uprising  of  the  people  to 
lefeud  the  Union,  ought  to  be  discouraged  by  every  true 
patriot  as  a  selfish  and  disloyal  effort  to  obta'n  power  in 
the  future  by  conciliating  those  who  are  now  in  flagrant  re 
bellion. 

4.  That  we  cordially  approve  the  firm  and  vigorous  ef 
forts  of  the  Administration  to  maintain  the  integrity  and 
honor  of  our  country,  to  crush  rebellion,  and  to  anticipate 
and  defeat  the  acts  of  traitors;  and  wo  are  fully  persuaded 
that,  so  long  as  the  insurrection  is  raging,  leniency  is  wasted 
alike  upon  the  rebels  in  arms,  and  upon  their  malignant 
sympathizers  at  home  ;  aud  that  all  efforts  at  conciliation 
will  prove  unavailing  till  the  Government  shall  have  fully 
demonstrated  its  power. 

5.  That  we  approve  the  wise  and  conservative  policy  pro 
posed  by  the  President  in  his  message  of  the  6th  March, 
1862,  and  sunctioaed  by  Congress,  tendering  pecuniary  aid 
to  such  States  as  may  choose  to  adopt  a  system  of  gradual 
emancipation-,  and  that  it  is  not  only  the  duty  of  the  loyal 
people  of  Maryland  to  meet  the  Government  in  this  en 
deavor  to  relieve  them,  in  the  only  practical  way,  from  the 
evils  which  armed^  insurrection  has  brought  upon  the  land, 
thus  sustaining  the  Government  as  well  against  the  treason 
of  secession  as  against  the  radical  and  violent  projects  of 
fanatical  abolitionists,  but  that  it  is  likewise  for  the  interest 
of  all  the  people  of  this  State,  more  especially  of  the  s  ave- 
owners,  promptly  to  accept  the  aid  thus  tendered,  anil  re 
move  from  our  midst  an  institution  which  has  ceased  to  bo 
profitable,  and  is  now  injurious  to  our  political  and  material 
interests,  and  dangerous  to  our  peace  and  safety,  by  inau 
gurating  such  a  plan  of  emancipation  and  colonization  as 
will  be  equitable  to  those  interested,  and  as  will  tend  to 
secure  the  industry  of  the  State  to  the  white  labor  of  the 

6.  That  the  Legislature,  at  its  late  session,  in  failing  to 
adopt  stringent  measures  for  the  suppression  of  treason;  in 
failing  to  make  adequate  provision  for  the  families  of  our 
volunteers;  in  failing  to  organize  the  military  of  the  State; 
in  putting  forth  unnecessary  protests  calculated  to  embar 
rass  the  action  of  the  Government  and  throw  doubt  upon 
the  position  of  the  Suite;  and,  in  neglecting  to  comply  with 
its  constitutional  duty,  to  provide  for  a  vote  on  the  question 
of  a  Constitutional  Convention,  did  not  meet  the  demands 
of  the  crisis,  or  answer  the  just  expectations  of  the  loyal 
peop'e  of  Maryland. 

Whereas,  the  principleof equal  rights  underlies  the  (or.n  i.. 
tionof  republican  institutions:  and  whereas  notwithstand 
ing  the  eight  counties  (this  city  included)  lying  north  ot  the 
Sassafras  and  Patapsco  rivers  contain  about  three  fourths 
of  the  white  population  and  wealth  of  this  State,  and  pay 
more  than  three  fourths  of  the  fixes,  yet,  according  to  the 
basis  of  representation  under  the  present,  constitution,  the 
southern  counties,  containing  one  fourth  of  the  population 
and  wealth,  and  paying  less  than  one  fourth  ol  the  taxes, 
possess  the  victual  control  of  the  whole  State,  sending 
thirtv-fouroutof  the  seventy  four  delegates,  and  fourteen 
out  of  twenty-two  senators,  to  the  Legislature,  being  an 
avenure,  of  one  delegate  to  3,831  white  persons  in  the  south 
ern  co'inties  against  one  delegate  to  9,f4l  in  the  northern, 
and  one  senator  to  9,205  in  the  former  against  one  senator 
to  48  205  free  white  persons  in  the  latter ;  and  whereas,  in 
the  present  arrangement  of  representation,  according  t< 
which  Baltimore  city  has  no  more  voice  in  the  >enate  ( 
counties  containing  hardly  more  voters  than  one  of  her 
wards,  and  was  deprived  of  fifteen  delogat  s  to  which  she 
was  entitled,  which  were  distributed  among  the  southern 


EMANCIPATION. 


227 


•counties  exclusively,  tho  object  was  to  tit-cure  tlie  power  of 
the  State  to  the  slave-owners,  constituting  less  than^ixteen 
thousand  individuals,  us  is  apparent  from  the  fact  that  the 
cumber  of  slaves  in  the  city  is  less  than  one  per  cent,  of  the 
whole  population,  and  that  the  proportion  of  slaves  to  the 
whites  throughout  the  northern  part  of  tho  State  i.s  less  than 
four  of  the  former  to  one  hundred  of  the  latter,  whilst  the  pro 
portion  in  the  favored  counties  is  fifty  six  slaves  toons  hun 
dred  white  people  ;  and  whereas.  theGovcrnor,  the judges  of 
the  court  of  appeals,  and  the  United  States  Senators  are  elect 
ed  according  to  a  similar  unjust  arrangement,  for  the  same 
purpose  t,f  confirming  and  perpetuating  this  domination  of 
the  slaveholding  counties;  and  whereas,  in  pursuance  of 
the  same  partial  and  iniquitous  scheme,  the  owners  of  slave 
property  are  exempted  from  equal  taxation,  while  they  are 
compensated  to  its  full  value  in  tho  case  of  convict  slaves — 
all  of  which  is  an  intolerable  burden  to  the  majority  of  our 
people,  who  are,  nevertheless,  without  a  remedy  under  the 
present  constitution ;  Therefore 

Resolved,  That  the  State  constitution  ought  to  be  changed, 
RO  as  to  correct  the  present  unequal  representation  of  the 
people  in  the  Legislature,  and  to  secure  the  right  of  repre 
sentation  in  proportion  to  white  population  to  all  parts  of 
the  State.  ARCHIBALD  STIRLING,  JR.,  Pres't. 

JOHN  H.  LLOYD,  Secretary. 


IN  CONSTITUTIONAL   CONVENTION. 

1864,  June  24 — The  question  recurred  on  the 
twenty-third  article  of  the  Bill  of  Rights  : 

Hereafter,  in  this  State,  there  shall  be  neither  slavery  nor 
involuntary  servitude,  except  in  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted,  and  all 
persons  held  to  labor  as  slaves  are  hereby  declared  free. 

An  amendment  was  pending,  offered  by  Mr. 
Brown,  of  Queen  Anne's,  as  follows: 

And  the  Legislature  shall  make  provision  from  the  trea 
sury  of  the  State  for  the  comfortable  support  and  mainte 
nance  of  the  helpless  and  paupers  hereby  emancipated. 

Tho  amendment  was  rejected — yeas  27,  nays  53  : 

YEAS — Messrs.  Berry  of  Baltimore  county.  Berry  of  Prince 
George's,  Billingsley,  Blackiston,   Briscoe,   Brown,   Cfeam- I 
bcrs,  Clarke,  Crawford,  Dail,  Dennis,  Duvall.  Edelen,  Gale,  : 
Harwood,  Hollyday,  Horsey,  Johnson,  Lausdale,  Lee,  Mar- 
bury,  Mitchell,  Miller,  Parran,  Peter,  Smith  of  Dorchester 
Turner — 27. 

NATS— Messrs.  President  (II.  II.  Goldsborough),  Abbott,  j 
Annan.  Audoun,  Baker,  Barron,  Carter,  Cunningham,  Cush-  j 
ing,  Daniel,  Davis  of  Charles,  Davis  of  Washington,  Earle  ; 
Ecker,  Farrow,  Galloway,  Greene,  Hatch,  Hebb,  Hoffman,  : 
Hopkins.  Hopper,  Jones  of  Cecil,  Keefer,  Kennard,  Kin°-'  ! 
Larsh,  Mace,  Markey,  McComas,  Mullikin,  Murray,  Negley  i 
Nyman.  Parker.  Purncll,  Ridgely,  Robinette,  Russell,  Sands  I 
Schley,  Schlosser,  Scott,  Smith  of  Carroll,  Sneary,  Stirling,  j 
Storkbridge,  Sykes,  Thomas,  Thruston,  Valliant,  Wickard'  > 
Wooden— 53. 

The  article  was  then  adopted— yeas  53,  nays  27  : 

YEAS— Messrs.  H.  II.  Goldsborough,  E.  A.  Abbott,  A.  An 
nan,  J.  H.  Audoun,  II.  Baker,  J.  Barron,  J.  S.  Berry,  Jas.  D. 
Carter,  B.  A.  Cunningham,  Jos.  M.  Cushing,  Win.  Daniel  J. 
F.  Davis,  G.  Earle.  .1.  Ecker,  W.  H.  W.  Farrow,  W.  Galloway' 
A.  C.  Greene,  S.  T.  Hatch,  II.  Hebb,  W.  H.  Hoffman  Joel 
Hopkins,  J.  A.  Hopper,  T.  P.  Jones,  S.  Keefer,  B.  H.  Kennard 
D.  King,  S.  Larsh,  \Y.  H.Mace,  D.  J.  Markey,  G.  M.  McComas 
J.  F.  Mullikin,  F.  T.  Murray,  P.  N-gley,  L.  B.  Nyman,  E.  L' 
Parker,  W.  T.  Purncll,  J.  L.  Ridgely,  J.  Robinette,  T.  Rus 
sell,  G.  W.  Sands,  F.  Schley,  P.  G.  Schlosser,  D.  Scott,  J.  E 
Smith,  J.  R.  Sneary,  A.  Stirling,  II.  Stockbridge,  J.  Sykes 
J.  L.  Thomas,  Jr.,  G.  A.  Thruston,  J.  Valliant,  J.  Wickard' 
W.  S.  Wooden— 53. 

NATS-Messrs.  S.  II.  Berry,  C.  Billingsley,  D.  G.  Blackis 
ton.  J.  T.  Briscoe,  J.  Brown,  E.  F.  Chambers,  D.  Clarke  A 
J.  Crawford,  T.  I.  Dail,  Peregrine  Davis,  J.  U.  Dennis,  E.  P 
Duvall,  R.  H.  Edelen,  W.  II.  Gale,  S.  Harwood,  G.  S.  Hollv- 
day,  C.  Horsey,  A.  Johnson,  Thomas  Lansdale,  J.  Lee,  F. 
Marbury,  J.  W.  Mitchell,  0.  Miller,  C.  S.  Parran,  G.  Peter 
W.  A.  Smith,  J.  Turner— 27. 

Emancipation. 

PROCLAMATIONS  OF  THK  PRESIDENT. 

September  22,  1862.* 
I,  ABRAHAM  LINCOLN,  President  of  the  United 

*  Major  General  McClellan's  Order  respecting  iti 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
[General  Order  No.  163.]  October  7,  1862. 

Ike  attention  of  the  officers  and  soldiers  of  the  army  of 


States  of  America,  and  Commander-in-Chief  of 
the  army  and  navy  thereof,  do  hereby  proclaim 
and  declare  that  hereafter,  as  heretofore,   the 
!  war  will  be  prosecuted  for  the  object  of  prac 
tically  restoring  the  constitutional  relation  be- 
j  tweeri  the  United  States  and  each  of  the  States 
!  and  the  people  thereof,  in  which  States  that  re- 
j  lation  is  or  may  be  suspended  or  disturbed. 

That  it  is  my  purpose,  upon  the  next  meeting 
of  Congress,  to  again  recommend  the  adoption 
of  a  practical  measure  tendering  pecuniary  aid 
I  to  the  free  acceptance  or  rejection  of  all  s-lave 
:  States,  so  called,  the  people  wh.  reof  may  not 
1  then  be  in  rebellion  against  the  United  States, 
and  which   States  may  then   have  voluntarily 
adopted,  or  thereafter  may  voluntarily  adopt, 
immediate  or  gradual   abolishment   of  slavery 
I  within    their  respective  limits ;  and   that  the 
j  effort  to  colonize  persons    of   African  descent 
|  with  their  consent  upon  this  continent  or  else- 
j  where,  with  the  previously  obtained  consent  of 
j  the  Governments  existing  there,  will  be  contin- 
I  ued. 

That  on  the  first  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 
sixty-three,  all  persons  held  as  slaves  within  any 
'  State  or  designated  part  of  a  State,  the  people 
whereof  shall  then  be  in  rebellion  against  the 
United  States,  shall  be  then,  thenceforward,  and 
forever  free ;  and  the  Executive  Government  of 
the  United  States,  including  the  military  and 

the  Potomac  is  called  to  General  Order  No.  139,  War  De 
partment,  September  24th,  1862,  publishing  to  the  army 
the  President's  proclamation  of  September  22d. 

A  proclamation  of  such  grave  moment  to  the  nation,  offi 
cially  communicated  to  the  army,atlbrds  to  the  General 
Commanding  an  opportunity  of  defluing  specifically  to  the 
officers  and  soldiers  under  his  command  tho  relation  borne 
by  all  persons  in  the  military  service  of  the  United  States 
towards  the  civil  authorities  of  the  Government. 

The  Consiitutioii  confides  to  the  civil  authorities — legisla 
tive,  judicial,  and  executive — the  power  and  duty  of 
making,  expounding,  and  executing  the  Federal  laws. 
Armed  forces  are  raised  and  supported  simply  to  sustain 
tho  civil  authorities,  and  are  to  be  held  in  strict  subordi 
nation  thereto  iu  ail  respects.  This  fundamental  law  of 
our  political  system  is  essential  to  the  security  of  our  re 
publican  institutions,  ana  should  be  thoroughly  underutood 
and  observed  by  every  soldier. 

The  principle  upon  which  and  tho  objects  for  which  ar 
mies  shall  be  employed  in  suppressing  rebellion  must  be 
determined  and  declared  by  the  authorities,  and  tho  Chief 
Executive,  who  is  charged  with  tho  administration  of  the 
national  affairs,  is  the  proper  and  only  source  through 
which  the  views  and  orders  of  tho  Government  can  be 
made  known  to  the  armies  of  the  nation. 

Discussion  by  officers  and  soldiers  concerning  public 
measures  determined  upon  and  declared  by  the  Govern 
ment,  when  carried  beyond  the  ordinary,  temperate,  and 
respectful  expression  of  opinion,  tend  greatly  to  impair  and 
destroy  tho  discipline  and  efficiency  of  the  troops,  by  sub 
stituting  the  spirit  of  political  faction  for  the  firm,  steady, 
and  earnest  support  of  the  authority  of  the  Government, 
which  is  the  highest  duty  of  the  American  soldier.  The 
remedy  for  political  errors,  if  any  are  committed,  is  to  be 
found  only  in  the  action  of  the  people  at  the  polls. 

In  thus  calling  the  attention  of  this  army  to  tho  true 
relation  between  the  soldiers  and  the  Government,  the 
General  Commanding  merely  adverts  to  an  evil  against 
which  it  has  been  thought  advisable  during  our  whole  his 
tory  to  guard  tho  armies  of  the  Republic,  and  in  BO  doing 
he  will  not  be  considered,  by  any  right  minded  person,  as 
casting  any  reflection  upon  that  loyalty  and  good  conduct 
which  has  been  so  fully  illustrated  upon  so  many  battle 
fields. 

In  carrying  out  all  measures  of  public  policy  this  army 
will,  of  course,  be  guided  by  the  same  rules  of  mercy  and 
Christianity  that  have  ever  controlled  its  conduct  towards 
the  defenceless. 

By  command  of  Maj.  Gen.  McCl«llan : 

JAMES  A.  HARDIE,  Lieut.Col. 
Aid-de  Camp  and  Act'g  Ass't  Adjt.  General. 


228 


EMANCIPATION. 


naval  authority  thereof,  will  recognize  and 
m  lintain  the  freedom  of  such  persons,  and  will 
do  no  act  or  acts  to  repress  such  persons,  or  any 
of  them,  in  any  efforts  they  may  make  for  their 
actual  freedom. 

That  the  Executive  will,  on  the  first  day  of 
January  aforesaid,  by  proclamation,  designate 
the  States  and  parts  of  Slates,  if  any,  in  which 
the  people  thereof  respectively,  shall  then  be 
in  rebellion  against  the  United  States;  and  the 
fact  that  any  State,  or  the  people  thereof,  shall 
on  that  day  be,  in  good  faith,  represented  in  the 
Congress  of  the  United  States  by  members 
chosen  thereto  at  elections  wherein  a  majority 
of  the  qualified  voters  of  such  State  shall  have 
participaied,  shall,  in  the  absence  of  strong 
countervailing  testimony,  be  deemed  conclusive 
evidence  hat  such  State,  and  the  people  thereof, 
are  not  in  rebellion  against  the  United  States. 

That  attention  is  hereby  called  to  an  act  of 
Congress  entitled  u  An  act  to  make  an  addi 
tional  article  of  war,"  approved  March  3. 
1862,  and  which  act  is  in  the  words  and  figures 
following: 

''Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  tlie  United  States  of  America  zn  Congress  assembled, 
That  hereafter  the  following  shall  be  promulgated  as  an  ad 
ditional  article  of  war,  for  the  government  of  the  army  of 
the  United  States,  and  shall  be  obeyed  and  observed  as 
such. 

"  ARTICLE  — .  All  officers  or  persons  in  the  military  or 
naval  service  of  the  United  States  are  prohibited  from -em 
ploying  any  of  the  forces  under  their  respective  commands 
for  the  purpose  of  returning  fugitives  from  service  or  labor 
who  may  have  escaped  from  any  persons  to  whom  such  ser 
vice  or  labor  in  claimed  to  be  due,  and  any  officer  who  shall 
be  1 6111  id  guilty  by  a  court-rnartial  of  violating  this  article 
shall  be  dismissed  from  the  service. 

"  SEC.  2.  And  be  it  further  enacted,  That  this  act  shall 
take  eflect  from  and  after  its  passage." 

Also  to  the  ninth  and  tenth  sections  of  an  act 
entitled  l'  An  act  to  suppress  insurrection,  to 
punish  treason  and  rebellion,  to  seize  and  con 
fiscate  property  of  rebels,  and  for  other  purpo 
ses,"  approved  July  17,  1862,  and  which  sections 
are  in  the  words  and  figures  following: 

"SEC.  9.  And  be  it  further  enacted,  That  all  slaves  of  per 
sons  who  shall  hereafter  be  engaged  in  rebellion  against 
the  Government  of  the  United  States  or  who  shall  in  any 
way  give  aid  or  comfort  thereto,  escaping  from  such  persons 
and  taking  refuge  within  the  lines  of  the  army;  and  all 
slaves  captured  from  such  persons  or  deperted  by  i  hem, 
and  coming  under  the  control  of  the  Government  of  the 
United  States  ;  and  all  slaves  of  such  persons  found  on  [or] 
being  within  any  place  occupied  by  reb.  1  forces  «nd  after 
wards  occupied  by  the  forces  of  the  United  States,  shall  be 
deemed  captives  of  war,  and  shall  be  forever  free  of  their 
servitude,  and  not  ngain  held  as  slaves. 

"  SEC.  10.  And  be  it  further  enacted,  That  no  slave  escap 
ing  into  any  State,  Territory,  or  the  District  of  Columbia, 
from  any  other  State,  shall  be  delivered  up,  or  in  any  way 
impeded  or  hindered  of  his  liberty,  except  for  crime,  or 
some  ollence  against  the  laws,  unless  the  person  claiming 
«»id  fugitive  shall  first  make  oath  Ihatthe  person  to  whom 
the  labor  or  service  of  such  fugitive  is  alleged  to  be  due  is 
his  lawful  owner,  and  has  not  borne  arms  against  the 
United  States  in  the  present  rebellion,  nor  in  any  way  given 
aid  and  comfort  thereto;  and  no  person  engaged  in  the 
military  or  naval  service  of  the  United  States  shall, 
under  any  pretence  what  ver,  assume  to  decide  on  the  va 
lidity  of  the  claim  of  any  person  to  the  service  or  labor  of 
any  other  person,  or  sui render  up  any  such  person  to  the 
claimant,  on  pain  of  being  dismissed  from  the  service." 

And  I  do  hereby  enjoin  upon  and  order  all 
persons  engaged  in  the  military  and  naval  ser 
vice  of  the  United  States  to  observe,  obey,  and 
enforce,  within  their  respective  spheres  of  ser 
vice,  the  act  and  sections  above  recited. 

And  the  Executive  will  in  due  time  recom 
mend  that  all  citizens  of  the  United  States  who 


shall  have  remained  loyal  thereto  throughout 
the  rebellion  ahall  (upon  the  restoration  of  the 
constitutional  relation  between  the  United  States 
and  their  respective  States  and  people,  if  that 
relation  shall  have  been  suspended  or  di?*,urbed) 
be  compensated  for  all  losses  by  acts  of  the 
United  States,  including  the  loss  of  slaves. 

In  witness  whereof,  I  have  hereunto  set  my 
hand,  and  caused  the  seal  of  the  United  States 
to  be  affixed. 

Done  at  the  city  of  Washington  this  twenty- 
second  day  of  September,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty- 
two,  and  of  the  Independence  of  the  United 
States  the  eighty-seventh. 

ABRAHAM  LINCOLN. 
By  the  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

January  1,  1863. 

WHEREAS,  on  the  twenty-second  day  of  Sep 
tember,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-two,  a  proclamation' 
was  issued  by  the  President  of  the  United 
States,  containing,  among  other  things,  the 
following,  to  wit: 

"  That  on  the  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  all  per 
sons  held  as  slaves  within  any  State  or  designated  part  of 
a  State,  tho  people  whereof  shall  then  be  in  rebellion 
against  the  United  Spates,  shall  be  then,  thenceforward, 
and  forever,  free  ;  and  the  Executive  Government  of  the 
United  States,  including  the  military  and  naval  authority 
thereof,  wil!  recognize  and  maintain  the  freedom  ol  such 
persons,  and  will  do  no  act  or  acts  to  repress  such  persons, 
or  any  of  them,  in  any  efforts  they  may  make  for  their  ac 
tual  freedom. 

"That  the  Executive  will,  on  the  first  day  of  January 
af  resairt,  by  proclamation,  designate  the  States  and  parts, 
of  States,  if  any,  in  which  the  people  thereof,  respectively . 
.shall  then  be  in  rebellion  against  the  United  States  ;  and 
the  lact  that  any  State,  or  the  people  thereof,  shall  on  that 
day  be  in  good  faith  represented  in  the  Congress  of  th« 
United  Slates,  by  members  chosen  thereto  at  elections 
wherein  a  majority  of  the  qualified  voters  of  such  States 
shall  have  participated,  shall,  in  the  absence  of  strong 
countervailing  testimony,  be  deemed  conclusive  evid<-nco 
that  such  State,  and  the  people  thereof,  are  not  then  in  re- 
belliou  against  the  United  States." 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  Pres 
ident  of  the  United  States,  by  virtue  of  the 
power  in  me  vested  as  Coramander-in-Chief  of 
the  Army  and  Navy  of  the  United  States,  in 
time  of  actual  armed  rebelli  n  against  th-s  au 
thority  and  Government  of  the  United  States, 
and  as  a  fit  and  necessary  war  measure  for  sup 
pressing  said  rebellion,  do,  on  this  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-three,  and  in  accord 
ance  with  iny  purpose  so  to  do,  publicly  pro 
claimed  for  the  full  period  of  one  hundred  days 
from  the  day  first  above  mentioned,  order  and 
designate  as  the  States  and  parts  of  States 
wherein  the  people  thereof,  respectively,  are 
this  day  in  rebellion  against  the  United  States, 
the  following,  to  wit : 

Arkansas,  Texas,  Louisiana,  (except  the  par 
ishes  of  St.  Bernard,  Plaquemines,  Jefferson, 
St.  John,  St.  Charles,  St.  James,  Ascension, 
Assumption,  Terre  Bonne,  Lafourche,  St.  Mary, 
St.  Martin,  and  Orleans,  including  the  city  of 
New  Orleans,  Mississippi,  Alabama,  Florida, 
Georgia,  South  Carolina,  North  Carolina,  and 
Virginia,  (except  the  forty-eight  counties  de 
signated  as  West  Virginia,  and  also  the  counties 


EMANCIPATION. 


229 


of  Berkeley,  Accomac,  Northampton,  Elizabeth 
City,  York,  Princess  Ann,  and  Norfolk,  includ 
ing  the  cities  of  Norfolk  and  Portsmouth,) 
and  which  excepted  parts  are  for  the  present 
left  precisely  as  if  this  proclamation  were  not 
issued. 

And  by  virtue  of  the  power  and  for  the  pur 
pose  aforesaid,  I  do  order  and  declare  that  all 
persons  held  as  slaves  within  said  designated 
States  and  parts  of  States  are,  and  henceforward 
shall  be,  free  ;  and  that  the  Executive  Goverri- 
juent  of  the  United  States,  including  the  mili 
tary  and  na'al  authorities  thereof,  will  recognize 
and  maintain  the  freedom  of  said  persons. 

And  I  hereby  enjoin  upon  the  people  so  de 
clared  to  be  free  to  abstain  from  all  violence, 
unless  in  necessary  self-defence  ;  and  I  recom 
mend  to  them  that,  in  all  cases  when  allowed, 
they  labor  faithfully  for  reasonable  wages. 

And  I  further  declare  and  make  known  that 
such  persons,  of  suitable  condition,  will  be  re 
ceived  into  the  armed  service  of  the  United 
States  to  garrison  forts,  positions,  stations,  and 
other  places,  and  to  man  vessels  of  all  sorts  in 
said  Fervice. 

And  upon  this  act,  sincerely  believed  to  be 
an  act  of  justice,  warranted  by  the  Constitution 
upon  military  necessity,  I  invoke  the  consid 
erate  judgment  of  mankind  and  the  gracious 
favor  of  Almighty  Qpd. 

in  witness  whereof,  I  have  hereunto  set  my 
hand  and  caused  the  seal  of  the  United  States 
to  be  affixed. 

Done  at  the  city  of  Washington  this  first  day 
of  January,  in  the  year  of  our  Lord  one  thou 
sand  eight  hundred  and  sixty-three,  and  of  the 
independence  of  the  United  States  of  America 
the  eighty-seventh. 

ABRAHAM  LINCOLN. 
By  the  Presidor  t : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

VOTE  ON  THE  KMANCIPATION    PROCLAMATION. 

Third  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

1862,  December  11 — Mr.  YEAMAN,  of  Ky., 
offered  the  following  resolutions : 

Resolved  by  the  House  of  Rejn-esenta  tires,  (the  Senate 
concurring,)  That  the  proclamation  of  the  President  of  the 
United  States,  of  date  the  22d  of  September,  1802,  is  not 
warranted  by  the  Constitution. 

Resolved,  That  the  policy  of  emancipation,  as  indicated 
in  that  proclamation,  is  not  calculated  to  hasten  the  resto 
ration  of  peace,  was  not  well  chosen  aa  a  war  measure, 
and  is  an  assumption  of  power  dangerous  to  the  rights  of 
citizens  and  to  the  perpetuity  of  a  free  people. 

Which  were  laid  on  the  table — yeas  95,  nays 
47,  as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baker,  Baxter,  Beaman,  Bingham,  Samuel  S.  Blair,  Blake, 
JUuftinton,  Rurnhitm,  Campbell,  Casey,  Chamberlain,  Clark, 
Col  lax,  Frederick  A.  Colliding,  Hoscoo  Conkling.  Conway, 
Covode,  Cutler,  Davis,  Dawes,  Duell,  Dunn,  Edgerton,  Ed 
wards,  Eli,)t,  Ely,  Fenton,  S.  C.  Fessenden,  Thomas  A.  D. 
Fesscuden,  Franchot,  Frank,  Gooch,  Goodwin,  Gurley, 
Haigld,  Hale,  Ilickman.  Horton,  Hutchins,  Julian,  Kelley, 
Francis  W.  Kellogg,  William  Kellogg,  Killinger,  Lansing, 
Leary,  Lehman,  Loomis,  Lovejoy,  Low,  McKnight,  Mcl'her- 
Bon,  Mitchell,  Moorhead,  Anson'p.  Morrill,  Justin  S.Morrill, 
Noell,  Olin,  Patton,  Timothy  G.  Phelps,  Pike,  Pomoroy, 
Porter.  Potter,  Alexander  II.  Rice,  John  II.  Rice.  Riddle, 
Edward  II.  Rollins,  Sargent,  Sedgwick,  Shank*,  Ahella- 
uarger,  Sloan,  Spaulding,  Sievens,  Strattou,  Train,  Trim- 
-ble.  Trowbridge,  Vandever,  Van  Horn,  Verree,  W'tlker.  Wall, 
Wallace,  Wa«hburne,  Albert  S.  White,  Wilson,  Windom, 
Worcester— 95. 


NATS—  Messrs.  William  J.  Allen,  Ancona,  Baily,  Biddle, 
Clements,  Cobb,  Cox,  Vrisfield,  Crittendcn,  Ddaplaine,  Dun- 
lap,  English,  Foulce,  Granger,  Grider,  Hall,  Harding,  Har 
rison,  Holman,  Knapp,  Law,  Lazear,  JUallt/ry,  May,  May- 
uard,  Menzies,  Morris,  Noble,,  Norton,  Odell,  PendLeLon,  Price, 
Robinson,  Sheffield,  Sldel,  Smith,  John  B.  SLede,  Yiilliani,  G. 
Stede,  Stiles,  Benjamin  F.  Thomas,  Vallandigltam,  Voorhccs, 
Wadsworth,  Chilian  A.  White,  Wicklijfe,  Woodruff,  Yeo 
man  —  i7. 

1862,  December  15—  Mr.  S.  C.  FESSENDEN,  of 
Maine,  offered  the  following  resolutions  : 

Resolved,  That  the  proclamation  of  the  President  of  the 
United  States,  of  the  date  of  'Ji-d  September,  1862,  is  war 
ranted  by  the  Constitution. 

Resolved,  That  the  pnlicy  of  emancipation,  as  indicated 
in  that  proclamation,  is  well  adapted  to  hasten  the  restora 
tion  of  peace,  was  well  chosen  asa  war  measure,  and  is  an 
exercise  of  power  with  proper  regard  for  the  rights  of  the 
States,  and  the  perpetuity  of  free  government. 

Which  were  adopted  —  yeas  78,  nays  52,  as 
follows  : 

YEAS  —  Messrs.  Aldrich,  Alley,  Arnold,  Babbitt,  Ba'.cer, 
Beaman,  Bingham,  Samuel  S.  Blair,  Blake,  Buffluton,  Barn- 
ham,  Chamberlain,  Clark,  Colfex,  Frederick  A.  Conkling, 
Roscoe  Cockling,  Cutler,  Dawes,  Delano,  Duell,  EJgertou, 
Edwards,  Eliot,  Ely,  Fenton,  Samuel  C.  Fessenden.  Thomas 
AD  Fessenden,  Fisher,  Franchot,  Frank,  Gooch,  Gnod- 
win,  Gurley,  Haight,  Hickman,  Hooper,  Hutchinc,  Julian, 
Kelley,  Francis  W.  Kellogg,  William  Kellogg,  Killinger, 
Lansing,  Loomis,  Lovejoy,  Low,  McPherson,  Mitchell, 
Moorbead,  Anson  P.  Morrill,  Justin  S.  Morrill,  Nodi,  I'nt- 
ton,  Pike,  Pomeroy,  Porter,  Potter,  Alexander  H.  Rice, 
John  II.  Rice,  Riddle,  Edward  II.  Rollins,  Sargent,  Serig- 
wick,  Shellabarger,  Sloan,  Spaulding,  Train,  Trowbridge, 
Van  Vallcenburgh,  Van  Wyck,  Verree,  WalUer,  Wrall, 
Washburne,  Albert  S.  White,  Wilson,  Windom,  Worces 
ter—  78. 

NAYS—  Messrs.  W.  J.  Allen,  Ancona,  Baily,  BiddU,  Calvert, 
Cobb,  Lox,  Cravens,  Crisjleld,  Crittendcn,  Ddaplaine,  llwdap, 
English,  Foulce,  Granger,  Grider,  Hall,  Hardiny,  Harrison, 
Holman,  Kerrigan,  Knapp,  Leary,  Mallory,  Mayn;»rd,  Mm- 
zies,  Morris,  Noble,  Norton,  Odell,  Pendleton,  Perry,  Price, 
Richardson,  Robinson,  James  S.  Rollins,  SJie.ffleld,  Sldel, 
Smith,  John  B.  Sfeele,  Stiles,  Benjamin  F.  Thomas,  Francis 
Thomas.  Vallandigham,  Wadsworth,  Ward,  Whaley,  Cltil- 
ton  A.  White,  Wickliffe,  Woodruff,  Wright, 


First  Session,  Thirty-Eighth  Congress. 
IN  SENATE. 

1864,  Feb.  10  —  Mr.  CLARK  introduced  to  the 
Senate  a  bill  ratifying  the  emancipation  proc 
lamation  and  giving  it  the  force  of  statute  ; 
which  was  referred  to  the  Committee  on  Sla 
very  and  Freedmeu.  (See  Reconstruction  bill 
for  a  vote  of  the  Senate,  page  318.) 

IN  HOUSE. 

1863,  Dec.  14  —  Mr.  ARNOLD  introduced  this 
bill  : 

A  bill  to  aid  the  President  of  the  United  States  in  carrying 
in.'o  more  immediate  execution  the  proclamation  of 
emancipation  issued  by  him  on  the  first  day  of  January, 
A.  I).  1863,  prohibiting  the  holding  of  certain  persons  as 
slaves  in  all  that  portion  of  the  United  States  designated 
therein. 

Whereas  the  President  of  the  United  States,  by  his  proc 
laim)  tivn  issued  on  the  1st  day  of  January,  in  the  year 
1863,  \'t  Commander-m-Chief  of  the  Army  thereof,  did,  as 
a  fit  aud  lawful  means  of  suppressing  the  rebellion,  in  ac- 
cordnuce  with  the  laws  of  war  aud  with  the  dictates  of 
justice  and  humanity,  order,  proclaim,  and  declare  that 
all  persons  held  as  slaves  within  the  limits  of  certain  States 
and  parts  of  States  therein  designated  were,  and  sljould 
thereafter  and  forever  be,  free;  and  that  the  executive, 
military,  and  n-tval  authorities  would  and  should  thencefor 
ward  recognize  and  maintain  the  freedom  of  all  such  per 
sons  ;  and  whereas  by  said  proclamation  aud  order  the 
President  has  guarantied  to  all  such  persons  their  freedom, 
and  has  pledged  the  faith  and  honor  of  the  country  that 
their  freedom  shall  be  recognized  and  forever  maintaincil  ; 
and  whereas  it  is  the  right  and  the  duty  of  Congress  to 
make  all  laws  which  may  be  necessary  aud  proper  for  car 
rying  into  execution  a<l  the  powers,  whether  civil  or  mili 
tary.  verted  by  the  Constitution  in  the  President  as  Com- 
mauder-in-Chief  of  the  Army  aud  Navy  ;  and  among  such 


230 


EMANCIPATION. 


military  powers  is  that  of  making  and  executing  the  proc 
lamation  aforesaid  ;  and  whereas  all  persons  heretofore 
held  as  slaves,  as  aforesaid,  within  said  designated  States 
or  parts  of  ^tat'-s  are  now  of  right  free,  and  ought  to  be 
hereafter  forever  unmolested  in  the  enjoyment  of  that  free 
dom  which  the  Government  of  the  United  States  is  boun'l 
to  '•  recognize  and  maintain  :'' 

Now,  therefore,  for  the  purpose  of  carrying  into  more 
complete  and  immediate  execution  the  aforesaid  proclama 
tion,  and  to  secure  forever  the  recognition  and  maintenance 
of  the  freedom  of  all  persons  designated  therein,  and  thereby 
to  provide  more  effectually  for  the  suppression  of  the  rebel 
lion,  the  securing  of  domestic  tranquillity,  the  maintaining 
of  the  common  defence,  and  the  preservation  of  the  liber 
ties  of  the  people  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
in  all  States  and  parts  of  States  designated  in  said  procla 
mation  as  in  rebellion,  the  re-enslaving  or  holding,  or  at 
tempting  to  hold,  in  slavery  or  in  involuntary  servitude  of 
anv  person  who  shall  have  been  made  or  declared  to  be  free 
by  Mid  proclamation,  or  any  of  their  descendants,  from  and 
ai'ter  the  date  of  said  proclamation,  otherwise  than  in  pun 
ishment  of  crime  whereof  the  accused  shall  have  been  duly 
convicted,  is  and  shall  be  forever  prohibited,  any  law  or 
regulation  of  either  of  such  States  to  the  contrary  notwith 
standing. 

Which  was  referred  to  the  Committee  on  the 
Judiciary. 


RESOLUTIONS   OFFERED. 

Second  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

1861,  December  3  —  Mr.  SHELLABARGER  of 
fered  these  resolutions  : 

Whereas  the  Constitution  has  wisely  withdrawn  from 
Congress  the  command  of  the  armies  of  the  United  States  ; 
and,  ai'ter  they  have  been  called  forth,  organized,  and  dis 
ciplined,  under  the  rules  which  it  is  competent  for  Congress 
to  make,  and  which  it  has  made  for  the  government  of  the 
land  and  naval  forces,  has  placed  that  supreme  command 
exclusively  in  the  President  of  the  United  States  :  There 
fore, 

Resolved,  That  it  is  neither  within  the  province  of  this 
House,  nor  would  it  be  wise,  to  lay  down  any  rules  what 
ever  regulating  or  attempting  to  control  any  part  of  that 
chief  command  of  our  armies  in  the  field,  either  in  the  mat 
ter  as  to  what  "  military  necessities"  do  or  do  not  exist  as 
to  the  treatment  or  use  of  slaves  within  any  of  the  States, 
nor  in  any  other  matter  whatever  affecting  the  supreme 
command  of  the  President. 

Resolved,  That  whilst  this  House  refrains  from  all  at 
tempts  to  assume  any  of  the  functions  of  the  Commander- 
in-Chief  of  the  Army,  and  hereby  expresses  its  confidence 
in  the  wisdom,  prudence,  and  patriotism  of  the  President, 
as  indicated  in  the  discharge  of  the  most  responsible  and 
arduous  duties  of  the  present  Executive  term,  and  its  wil 
lingness  to  continue  to  him  the  untrammelled  exercise  of 
his  powers  as  the  Commander-in-Chief  of  the  Army  and 
Navy,  yet  the  House  deems  it  appropriate  to  express  its 
earnest  sense  and  conviction  that  in  the  prosecution  of  this 
war  no  resort,  on  the  one  hand,  should  be  had  to  u  plea  of 
"  military  necessity"  as  a  cover  for  any  violation  of  any  con 
stitutional  right  of  any  citizen  of  the  United  States,  either 
in  slaves  or  any  other  right  of  the  citizen  ;  nor,  on  the 
other  hand,  should  any  privileges  or  protections  whatever 
be  extended  by  our  armies  either  to  the  title  in  slaves  or  in 
any  property  whatever  which  is  incompatible  with  the 
safety  of  the  Government  itself  or  with  the  success  of  our 
arms  in  suppressing  the  rebellion;  but  all  individual  rights 
of  property,  when  necessary,  should,  in  the  prosecution  of 
the  war,  bo  made  to  yield  to  the  paramount  right  of  the 
Government  to  re-establish  the  authority  of  the  Constitu 
tion  over  all  the  people  and  States  of  the  Union. 

Which  were  postponed,  and  not  voted  upon. 

December  4  —  Mr.  CONWAY,   on  leave,  intro 
duced  the  following  joint  resolution: 
Joint  resolution  in  relation  to  persons  claimed  as  slaves  in 
the  State?  now  in  rebellion. 

Whereas  the  belligerent  character  acquired  by  the  States 
now  in  rebellion  confers  upon  them  a  recognized  status 
among  nations,  in  contravention  of  their  Federal  status,  and 
arising  from  incompatible  relations,  which,  though  not  im 
plying  nationality,  is,  nevertheless,  one  from  which  they 
derive  important  advantage  in  making  war  upon  the  United 
States;  and  whereas  the  Federal  Government  is  by  this  fact 
fully  exonerated  from  respecting,  in  any  manner  whatso 


ever,  the  constitutional  obligations  it  would  otherwise  be 
under  to  said  Suites  :  Therefore — 

Be  it  resolved  by  the  Senate  and  House  of  Representative* 
of  the  United  States  of  America  in  Congress  axzrmbled,  That 
the  President  be  requested  not  to  permit  the  enforcement  of 
any  law  or  usage  under  which  persons  may  be  claimed  as 
slaves  within  any  of  s.iid  States  into  which  the  authority  of 
the  United  States  may  be  extended,  and  that  he  be  requested 
to  declare,  by  proclamation,  all  persons  eo  claimed  to  be 
free,  and  to  employ  them  in  the  service  of  the  United  States 
in  any  capacity  to  which  they  may  be  suited,  and  in  such 
numbers  as  the  public  service  may  require. 

Resolved,  further,  That  the  faith  of  the  nation  be  pledged 
to  all  persons  sustaining  loss  through  the  operation  of  this 
measure  who  are  now  and  shall  remain  loyal  to  the  United 
States. 

The  resolutions  were  postponed. 

Third  Session,  Thirty-Seventh  Congress. 

1863,  January  12 — Mr.  WILSON  introduced  & 
joint  resolution  to  approve,  ratify,  and  confirm 
the  proclamation  issued  by  the  President,  as 
Commander-in-Chief  of  the  Army  and  Navy  of 
the  United  States,  dated  January  1,  1863. 

Mr.  Cox  moved  that  it  be  tabled ;  which  was 
lost — yeas  50,  nays  85.  It  was  then  referred  to 
the  Committee  on  the  «-  udiciary. 

First  Session,  Thirty-Eighth  Congress- 
1863,  December   17 — Mr.   EDGERTON   offered 
this  resolution  : 

Whereas  the  proclamations  of  the  President  of  January 
1, 1863,  and  December  8,  1863,  in  relation  to  emancipation, 
impose  conditions  of  pardon  and  amnesty  to  the  persons 
who  have  participated  in  the  existing  rebellion,  as  well  as 
conditions  precedent  to  the  establishment  and  recognition 
of  State  government  in  the  States  to  which  said  proclama 
tions  apply,  which,  in  the  judgment  of  u  large  number  of 
faithful  citizens,  have  a  tendency  to  give  to  the  rebellion 
"  the  advantage  of  a  changed  issue,"  and  "  to  reinvigorate 
the  otherwise  declining  insurrection  in  the  South,"  and  to 
prolong  the  war:  and  whereas  this  House  cannot  but  re 
gard  with  anxiety  the  unprecedented  and  extraordinary 
claims  and  assumption  of  high  prerogative  by  the  President 
in  said  proclamations,  especially  in  view  of  the  fact  that 
the  President,  in  his  inaugural  address  of  the  4th  day  of 
March,  18G1,  declared,  "I  have  no  purpose  directly  or  indi 
rectly  to  interfere  with  the  institution  of  slavery  in  the 
States  where  it  exists ;  I  believe  I  have  no  right  to  do  so, 
.and  1  have  no  inclination  to  do  so :"  Therefore, 

Resolved,  As  the  judgment  of  this  House,  that  the  main 
tenance  inviolate  of  the  constitutional  powers  of  Congress, 
and  the  rights  of  the  States,  and  especially  the  right  of 
each  State  to  order  and  control  its  own  domestic  institu 
tions  according  to  its  own  judgment  exclusively,  is  essential 
to  the  balance  of  power  On  which  the  perfection  and  endu 
rance  of  our  political  fabric  of  federal  union  depends  ;  and 
we  denounce,  as  among  the  gravest  of  crimes,  the  invasion 
or  occupation,  by  armed  force,  of  any  State,  under  the  pre 
text  or  for  the  purpose  of  coercing  the  people  thereof  to 
modify  or  abrogate  any  of  their  laws  or  domestic  institu 
tions  that  are  consistent  with  the  Constitution  of  the 
United  States ;  and  we  affirm  the  principle  declared  in  this 
resolution  to  be  a  law,  alike  to  the  President  and  the  peo 
ple  of  the  United  States. 

Mr.  GRINNELI,  moved  to  table  the  resolution  ; 
which  was  agreed  to — yeas  90,  nays  6«3,  as 
follows : 

YKAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Beaman,  Elaine,  Blow,  Boutwell, 
Boyd,*Braudegee,  Broomall,  William  G.  Brown,  Ambrose 
W.  Clark,  Freeman  Clarke,  Cobb,  Cole,  Creswell.  Henry 
Winter  Davis,  Thomas  T.  Davis,  Dawes,  Deming,  Dixonr 
Driggs,  Dumont,  Eliot,  Farnsworth,  Fenton,  Frank,  Gar- 
field,  Uooch,  Grinnell,  Hale,  Higby,  Hooper,  Hotrhki.-s 
Asahel  W.  Hubbard,  John  H.  Hubbard,  Hulburd,  Julian, 
Ka-sson,  Kelley,  Francis  W.  Kellogg,  Orlando  Kelloirg,  Loan, 
Longyear,  Lovejoy,  Marvin,  McBride,  McClurg,  Mclndoe, 
S.  F.  Miller,  Mobrhead,  Moi  rill,  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson, 
IVrham,  Pike,  Pomeroy,  Price,  William  II.  Randall.  Alex 
ander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins,  Schem  k. 
Scofield,  Shannon,  Sloan,  Smith.  Smithers,  Spalding,  Stoven>, 
Thayer,  Tracy,  Van  Valkenburgh,  Ellihu  B.  Washburue, 
William  B.  Washburn,  Whaley,  Williams,  Wilder,  Wilson, 
Windom,  Woodbridge— 90. 


EMANCIPATION. 


231 


Respecting  the  Issue  of  the  Proclama 
tion. 

THE    PRESIDENT    AND    THIS    CHICAGO  DEPUTATION. 

1862,  September  13 — The  President  gave  an 
audience  to  a  deputation  from  all  the  religious 
denominations  of  Chicago,  presenting  a  me 
morial  for  the  immediate  issue  of  an  emancipa 
tion  proclamation,  which  was  enforced  by  some 
remarks  by  the  chairman.  The  President  re 
plied  : 

The  subject  presented  in  the  memorial  is  one  upon  which 
I  have  thought  much  for  weeks  past,  and  I  may  even  say 
for  months.  I  am  approached  with  the  most  opposite  opin 
ions  and  advice,  and  that  by  religious  men,  who  are  equally 
certain  that  they  represent  the  Divine  will.  I  am  sure  that 
either  the  one  or  the  other  class  is  mistaken  in  that  belief, 
and  perhaps,  in  some  respect,  both.  I  hope  it  will  not  be 
irreverent  for  me  to  say  that,  if  it  is  probable  that  God  would, 
reveal  his  will  to  others,  on  a  point  so  connected  with  my 
duty,  it  might  be  supposed  he  would  reveal  it  directly  to 
me ;  for,  unless  I  am  more  deceived  in  myself  than  I  often 
am,  it  is  rny  earnest  desire  to  know  the  will  of  Providence 
in  this  matter.  And  if  I  can  learn  what  it  is  I  will  do  it! 
These  are  not,  however,  the  days  of  miracles,  and  I  suppose 
it  will  be  granted  that  I  am  not  to  expect  a  direct  revela 
tion.  I  must  study  the  plain  physical  facts  of  the  ca&e, 
as  certain  what  is  possible,  and  learn  what  appears  to  be 
wise  and  right. 

The  subject  is  difficult,  and  good  men  do  not  agree.    For 
instance,  the  other  day  four  gentlemen  of  standing  and  in 
telligence  from  New  York  called  as  a  delegation  on  business 
connected  with  the  war;  but  before  leaving  two  of  them 
,  earnestly  besought  me  to  proclaim  general  emancipation, 

tian  humanity,  and  wise  statesmanship  alike  demand  strict  j  upon  which  the  other  two  at  once  attacked  them.    You 

adherence  by  the  "  constituted  authorities  of  the  Govern-  '  ' 

iiient '  to  the  purpose  or  object  of  the  war,  as  thus  declared 

by  Congress  and  accepted  by  the  people. 
*'2.  That  the  demand  of  the  President,  in  his  proclamation 

of  December  8, 1863,  that  the  people  of  the  States  wherein 

rebellion  exists  shall  swear  to  abide  by  and  support  his 


NAYS— Messrs.  James  C.  Allen,  Ancona,  Augustus  C.  Bald 
win,  Bliss.  Brooks,  James  ,S".  Ilrmvn,  Cox,  Cravens,  Dawson, 
Denison  Eden,  Edyertvn,  Eldridge,  Finck,  Ganson,  Grider, 
Griswold,  Hull,  Harding,  Harrington,  C.  M.  Harris,  Herrick, 
Holman,  Willunn  Johnson,  Kernan,  Riny,  Knapp,  Law, 
Laza.tr,  LeBlmd,  Lony,  Mallory,  Marcy,  McDowell,  MrKin- 
ney,  Middleton,  Wm.  H.  Miller,  James  R.  Morris,  Morryon, 
ffelsrni,  Noble,  John  O'Neill,  Pendleton,  Perry,  Radfnrd, 
Samuel  J.  Rmidall.  Robinson,  Rogers,  James  &  Rollins,  Ross, 
Scott,  John  B.  Steele,  Wm.  G.  Steele,  Stiles,  Strouxe,  Stuart, 
Sweat,  V'wrhees,  Wadsworth,  Ward,  Wheeler,  Chilian  A. 
White,  Joseph  W.  White,  Winfield,  Fernando  Wood,  Yea- 
man—66. 

1864,  Jan.  25 — Mr.  EDGERTON  offered  the 
following  preamble  and  resolutions,  which  were 
laid  over  under  the  rule  : 

Whereas  this  House  on  the  17th  day  of  December  last 
adopted,  with  but  one  dissentient  vote,  the  following  reso 
lution,  to  wit :  "Resolved,  That  we  hold  it  to  be  the  duty  of 
Congress  to  pass  all  necessary  bills  to  supply  men  and 
money,  and  the  duty  of  the  people  to  render  every  aid  in 
their  power  to  the  constituted  authorities  of  the  Govern 
ment  in  the  crushing  out  of  the  rebellion,  and  in  bringing 
the  l(#ders  thereof  to  condign  punishment ;" 

Therefore  in  explanation  of  the  foregoing  resolution,  and 
in  further  expression  of  the  opinion  and  purpose  of  this 
House, 

Resolved,  That  the  aid  hitherto  liberally  supplied  in  men 
and  money  by  the  people  of  the  United  States,  to  enable  the 
Federal  Executive  to  prosecute  the  existing  civil  war,  has 
been  so  supplied  by  all  citizens  truly  faithful  to  the  Federal 
Union  and  Constitution,  for  the  purpose,  and  no  other,  ex 
pressed  in  the  resolution  adopted  by  Congress  in  July,  1861, 
declarative  of  the  object  of  the  war,  and  commonly  known 
au  "  the  Crittenden  resolution ;"'  and  public  faith,  true  Chris 


know  also  that  the  last  session  of  Congress  had  a  decided 
majority  of  anti-slavery  men,  yet  they  could  not  unite  on 
this  policy.  And  the  same  is  true  of  the  religious  people. 
"Why,  the  rebel  soldiers  are  praying  with  a  great  deal  more 
earnestness,  I  fear,  than  our  own  troops,  arid  expecting  God 
to  favor  their  side ;  for  one  of  our  soldiers  who  had  been 


proclamation  of  emancipation  (in  other  words,  change,  or  I  takqu  prisoner  told  Senator  Wilson  a  few  days  since  that  he 
submit  to  the  change,  at  his  dictation,  of  their  State  con-    met  nothing  so  discouraging  as  the  evident  sincerity  of 
stitutions,  local  laws,  and  domestic  institutions,  not  incou-    those  he  was  among  in  their  prayers.    But  we  will  talk  over 
sisteut  with  the  Constitution  of  the  United  States)  before  j  the  merits  of  the  case, 
such  States  or  their  people  will  by  him  be  considered  to  have  j      What  good  would  a  proclamation  of  emancipation  from 


ceased  to  be  in  rebellion,  and  entitled  to  pardon  or  amnesty, 
and  entitled  to  their  constitutional  rights  of  State  govern 
ment,  in  harmony  with  the  Government  of  the  United 
States,  is,  in  the  judgment  of  this  House,  an  oppressive  and 
unconstitutional  demand,  the  tendency  and  effect  of  which, 
if  persisted  in  and  enforced  by  war,  will  be  to  substantially 
change  the  object  and  character  of  the  war  on  the  part  of 
the  Federal  Government,  from  one  to  preserve,  protect,  and 
defend  the  Constitution  of  the  United  States  as  the  supreme 
law  of  the  land,  to  a  revolutionary  war  against  the  consti 
tutional  rights  and  sovereignty  of  Federal  States,  and  vir- 
tua'Iy  subversive  of  the  constitutional  Government  of  the 
United  States ;  and  of  such  a  war  we  now  record  our  disap 
proval. 

3.  That  in  view  of  the  immense  power  of  war  demanded 
by  the  President  and  supplied  to  him  by  a  patriotic  people, 
and  hitherto  wielded  by  him  according  to  his  own  will,  with 
little  deference  or  regard  to  the  opinions  and  convictions  of 
the  very  large  number,  if  nol  majority,  of  faithful  Union 
citizens  in  the  United  States  who  have  doubted  or  disap 
proved  his  policy  in  the  conduct  of  the  war  and  his  extra 
ordinary  assumptions  of  executive  power,  and  in  view  of 
the  dangers  to  constitutional  liberty  and  the  manifold  evils 
that  ever  attend  civil  war,  we  desire  peace,  and  the  replace 
ment  under  its  healthful  and  benign  influence,  with  the 
least  possible  further  waste  of  blood  and  treasure  of  the 
people,  of  all  the  relations  and  functions  of  constitutional 
government,  State  and  Federal,  now  disturbed  and  endan 
gered:  and  we  therefore  deprecate  all  vindictive  and  revo 
lutionary  measures  and  policy,  military  or  civil,  as  tending 
to  divide  the  Union  men  of  the  country,  to  aggravate  the 
«vils  and  to  intensify  the  animosity  of  the  war  and  prolong 
its  duration:  and  we  ad  vise,  and  do  cordially  invite  and  pledge 
our  co-operation  in  negotiations,  proposal?,  and  efforts  for 
peace  upon  the  basis  of  a  restoration  of  the  Federal  Union 
under  the  Constitution  as  it  is,  leaving  to  the  free  consti 
tutional  action  of  the  people  the  questions  of  amendments 
of  the  Federal  Constitution, and  leaving  also  to  the  people 
of  each  State,  as  th  ir  unquestionable  right,  the  right,  and 
its  free  exercise,  to  form,  regulate,  and  control  their  State 
constitutions,  laws,  and  domestic  institutions  in  their  own 
way,  subjert  only  to  the  Constitution  of  the  United 
States. 


me  do,  especially  as'we  are  now  situated?  I  do  not  want 
to  issue  a  document  that  the  whole  world  will  see  must  ne 
cessarily  be  inoperative,  like  the  Pope's  bull  against  the 
comet!  Would  my  word  free  the  slaves,  when  I  cannot 
even  enforce  the  Constitution  in  the  rebel  States?  Is  there 
a  single  court,  or  magistrate,  or  individual  that  would  bo 
influenced  by  it  there?  And  what  reason  is  there  to  think 
it  would  have  any  greater  effect  upon  the  slaves  than  the 
late  law  of  Congress,  which  1  approved,  and  which  offers 
protection  and  freedom  to  the  slaves  of  rebel  masters  who 
come  within  our  lines?  Yet  I  cannot  learn  that  that  law 
has  caused  a  single  slave  to  come  over  to  us.  And  suppose 
they  could  be  induced  by  a  proclamation  of  freedom  from 
me  to  throw  themselves  upon  us,  what  should  we  do  with 
them  ?  How  can  we  feed  and  care  for  such  a  multitude  ? 
General  Butler  wrote  me  a  few  days  since  that  he  was  issu 
ing  more  rations  to  the  slaves  who  have  rushed  to  him  thaii 
to  all  the  white  troops  under  his  command.  They  eat,  and 
that  is  all;  though  it  is  true  General  Butler  is  feeding  th« 
whites  also  by  the  thousand  ;  tor  it  nearly  amounts  to  a 
famine  there.  If,  now,  the  pressure  of  the  war  should  call 
off  our  forces  from  New  Orleans  to  defend  some  other  point, 
what  is  to  prevent  the  masters  from  reducing  the  blacks  to 
slavery  again;  for  I  am  told  that  whenever  the  rebels  take 
any  black  prisoners,  free  or  slave,  they  immediately  auction 
them  off!  They  did  so  with  those  they  took  from  a  boat 
that  was  aground  in  the  Tennessee  river  a  few  davs  ago. 
And  then  I  am  very  ungenerously  attacked  for  it!  For  ii>- 
stance.  when,  after  the  late  battles  at  and  near  Bull  Run,  au 
expedition  went  out  from  Washington  under  a  flag  of  truce 
to  bury  the  dead  and  bring  in  the  wounded,  and  tl)3  rebels 
sei/.ed  the  blacks  who  went  along  to  help,  and  sent  them 


into  slavery,  Horace  Greeley  s 


long  to 
aid  in  hi 


s  paper  that  the  Gov 


ernment  would  probably  do  nothing  about  it.    What  could 
I  do? 

Now,  then,  tell  me,  if  you  please,  what  possible  result  of 
good  would  follow  the  issuing  of  such  a  proclamation  as  you 
desire  ?  Understand,  I  raise  no  objections  against  it  on  l 
or  constitutional  grounds,  for,  asCommander-in-Chief  of 
Army  and  Navy,  in  time  of  war  I  suppose  I  have  a  right  to 
take  any  measure  which  may  best  subdue  the  enemy,  nor 
do  I  urge  objections  of  a  moral  nature,  in  view  of  possible 
consequences  of  insurrection  and  massacre  at  the  South  I 


gal 
th« 


232 


EMANCIPATION. 


Tiew  (his  matter  as  a  practical  war  measure,  to  bo  decided 
on  according  to  the  advantages  or  disadvantages  it  may  offer 
to  the  suppression  of  the  rebellion. 

The  committee  replied  to  these  remarks,  and 
the  President  responded  : 

t  admit  that  slavery  is  at  tl  •*  root  of  the  rebellion,  or  at 
kmt>t  its  sine  qua  ncm.  Tho  ambition  of  politician:*  may 
have  instigated  them  to  act,  lut  they  would  have  been  im 
potent  without  slavery  as  their  instrument.  I  will  also 
concede  that  emancipation  would  help  us  in  Europe,  and 
convince  them  that  we  are  incited  by  something  more  than 
ambition.  I  grant,  further,  that  it  would  help  somewhat  at 
the  North,  though  not  so  much,  I  fear,  as  you  and  those  you 
represent  imagine.  Still,  some  additional  strength  would 
be  added  in  that  way  to  the  war,  and  then,  unquestionably, 
it  would  weaken  the  rebels  by  drawing  oft  their  laborers, 
which  is  of  great  importance;  but  I  am  not  so  sure  we  could 
do  much  with  the  blacks.  If  we  were  to  arm  tlr.-iu,  I  iV-ar 
that  in  a  few  weeks  the  arms  would  be  in  the  hands  of  the 
rebels;  and,  indeed,  thus  liir,  we  have  not  had  arms  enough 
to  equip  our  white  troops.  1  will  mention  another  thing, 
though  it  meet  only  your  scorn  and  contempt.  There  are 
50.000  bayonets  in  the  Union  Army  from  the  border  slave 
States.  It  would  be  a  serious  matter  if,  in  consequence  of 
a  proclamation  such  as  you  desire,  they  should  go  over  to 
The  rebels.  I  do  not  think  they  all  would — not  so  many, 
indeed,  as  a  year  ago,  or  as  six  months  ago — not  so  many  to 
day  as  yesterday.  Every  day  increases  their  Union  feeling. 
They  are  also  getting  their  pride  enlisted,  and  want  to  beat 
the  rebels.  Let  me  say  one  thing  more :  1  think  you  should 
admit  that  wo  already  have  an  important  principle  to  rally 
and  unite  the  people,  in  the  fact  that  constitutional  govern 
ment  is  at  stake.  This  is  a  fundamental  idea  going  down 
about  as  deep  as  anything. 

After  further  remarks  from  the  committee, 
the  President  said  : 

Do  not  misunderstand  me  because  I  have  mentioned  these 
objections.    They  indicate  the  difficulties  that  have  thus  far  j 
prevented  my  action  in  some  such  way  as  you  desire.     I  | 
have  not  decided  against  a  proclamation  of  liberty  to  the  j 
slaves,  but  bold  the  matter  under  advisement.     And  I  can  | 
assure  you  that  the  subject  is  on  my  mind,  by  day  and  \ 
night,  more;  than  any  other.     Whatever  shall  appear  to  be 
God's  will  I  will  do.    I  trust  that  in  the  freedom  with  which  | 
1  have  canvassed  your  views  I  have  not  in  any  respect  in 
jured  your  feelings. 

RKMAKK8    IN    THE    HOUSE. 

First  Session,  Thirty-Eighth  Congress. 

1861,  June  25 — Mr.  BOUTWEI/L.  of  Massachusetts:  The 
gentleman  from  Kentucky  [Mr.  Mallory]  said  this  morning 
that  the  whole  policy  of  the  country  was  changed  by  the 
proclamation  ot  the  President,  and  he  attributed  that  proc 
lamation  to  the  meeting  of  tho  Governors  of  certain  States 
at  Altoona.  I  am  not  here  to  be  put  upon  the  witness 
stand,  but  it  so  happens  that  1  have  the  means  of  knowing 
that  the  proclamation  of  September,  18(32,  was  entirely  in 
dependent  of  and  antecedent  to  the  meeting  <.-f  the  Gover 
nors  at  Altoona.  The  meeting  of  the  Governors  had  no 
connection  with  the  proclamation.  The  gentleman  from 
Kentucky  should  remember  that  prior  to  the  issuing  of  that 
proclamation  we  had  met  with  but  few  successes,  and  that 
we  had  endured  many,  many  reverses.  Lee  had  battled  for 
four  days  under  The  fortifications  of  the  capital,  and  had 
finally  crossed  the  Potomac  into  Maryland.  It  was  not 
until  the  country  put  itself  on  the  side  of  justice  that  it  had  j 
a  right  to  expect  the  favor  of  Divine  Providence,  or  any  of 
those  successes  which  have  rendered  this  war  glorious  in 
the  cause  of  freedom,  truth,  and  justice. 

Mr.  MALLOKY.  Will  the  gentleman  state  when  that  con 
vention  of  Governors  assembled  at  Altoona? 

Mr.  BOUTW  ELL.  1  think  it  assembled  at  Altoona  previous 
to  the  22d  of  September,  but  I  assert  as  within  my  own 
knowledge  that  the  issuing  of  the  proclamation  was  de 
termined  upon  previous  to  the  meeting  at  Altoona. 

Mr.  MALLORY.  Can  the  gentleman  inform  me  when  the 
issuing  of  that  proclamation  was  determined  upon? 

Mr.  130UTWKLL.  I  cannot  go  far  in  this  matter.  I  assert 
distinctly  the  fact  which  is  within  my  own  knowledge  that 
the  President,  previous  to  tho  meeting  of  the  Governors  at 
Altoona,  had  decided  in  a  certain  contingency,  which  hap 
pened  upon  the  Wednesday  preceding  the  22d  of  September, 
to  issue  the  proclamation,  and  therefore  the  inference  I 
draw  is  isi  contravention  oT  the  declaration  of  the  gentle- 
ni'iu  from  Kentucky  that  that  proclamation  was  the  result 
of  ihe.  meeting  of  the  Governors  at  Altoona. 

Mr.  MALLORY.  Will  the  gentleman  tell  us  the  contin 
gency  on  the  happening  of  which  that  proclamation  was  to 
be  issued  ? 

Mr.  BouTWfcLL.    I  said,  Mr.  Speaker,  when  I  mentioned 


this  fact,  that  I  was  not  to  be  put  upon  the  stand  as  A  wit 
ness.  1  have  made  a  statement  as  of  a  fact  within  my  own 
knowledge,  and  history  will  confirm  the  statement. 

Mr.  MALLOUY.  If  the  gentleman  from  Massachusetts  does 
not  wish  to  answer  the  question  or  to  state  the  fact,  I  will 
not  insist. 

AUDPE8S  OP  LOYAL  GOVERNORS  TO  THE  PRESIDENT, 
Adopted  at  a  meeting  (  f  Governors  of  loyal  States,  held  to 
take  measures  for  the  more  active  support  of  the  Govern 
ment,  at  Altoona  Pennsylvania,  on  the  22d  day  of  S*-n- 
tember,  1862. 

After  nearly  one  year  and  a  half  spent  in  contest  with 
an  armed  and  gigantic  rebellion  against  the  national  Gov 
ernment  of  the  United  States,  the  duty  and  purpose-  <>f  th« 
loyal  States  and  people  continue,  and  must  always  r;  main 
as  they  were  at  its  origin— namely,  to  restore  end  perpetu 
ate  the  authority  of  this  Government  und  the  life  of  tho 
nation.  No  matter  what  consequence  are  involved  in  our 
fidelity,  this  work  of  restoring  the  Republic,  preserving  the 
institutions  of  democratic  liberty,  and  justifying  the  hopes 
and  toils  of  our  fathers  hhiill  not.  fuil  to  be  performed. 

And  we  pledge  without  hesitation,  to  the  President  of  the 
United  States,  the  most  loyal  and  cordial  support,  here.'fteras 
heretofore,  in  the  exercise  of  tho  functions  of  hia  great  office. 
We  recognize  in  him  the  Chief  Executive  Magistrate  of  the 
nation,  the  Commander-in-Chief  of  the  Army  suid  Navy  of 
the  United  States,  their  responsible;; rid  constitutional  head, 
whose  rightful  authority  and  power,  as  well  us  the  consti 
tutional  powers  of  Congress,  must  be  rigorously  and  reli 
giously  guarded  and  preserved,  as  the  condition  on  which 
alone  our  form  of  Government  and  the  constitutional  rights 
and  liberties  of  the  people  themselves  can  be  saved  from 
the  wreck  of  anareoy  or  i'rora  the  gulf  of  despotism. 

In  submission  to  the  laws  which  may  have  been  or 
which  may  be  duly  enacted,  and  to  the  lawful  orders  of  the 
President,  co-operating  always  in  our  own  spheres  witli 
the  national  Government,  we  mean  to  continue  in  the  most 
vigorous  exercise  of  all  our  lawml  and  proper  powers,  con 
tending  against  treason,  rebellion,  and  the  public  enemies, 
and,  whether  in  public  life  or  in  private  station,  support 
ing  the  arms  of  the  Union,  until  its  cause  .-hall  conquer, 
until  final  victory  shall  perch  upon  its  standard,  or  tho 
rebel  toe  shall  yield  a  dutiful,  rightful,  and  unconditional 
submission. 

And,  impressed  with  the  conviction  that  an  army  of 
reserve  ought,  until  the  war  shall  end,  to  be  constantly 
kept  on  foot,  to  be  raised,  armed,  equipped,  and  trained  at 
home,  and  ready  for  emergencies,  we  respectfully  r.sk  the 
President  to  call  for  such  a  force  of  volunteers  for  one 
year's  service,  of  not  less  than  one  hundred  thousand  in  the 
aggregate,  the  quota  of  each  State  to  be  raised  after  it  shall 
have  filled  its  quota  of  the  requisitions  already  made,  botu 
for  volunteers  and  militia.  We  believe  that  tins  would  be 
a  measure  of  military  prudence,  while  it  would  greatly 
promote  the  military  education  of  the  people. 

We  hail  with  heartfelt  gratitude  and  encouraged  hope  the 
proclamation  of  the  President,  issued  on  the  22d  instant, 
declaring  emancipated  Ironi  their  bondage  all  persons  held 
to  service  or  labor  as  slaves  in  the  rebel  States,  whose  re 
bellion  shall  last  until  the  first  day  of  January  now  next 
ensuing.  The  right  of  any  person  to  retain  authority  to 
compel  any  portion  of  the  subjects  of  the  national  Govern 
ment  to  rebel  against  it,  or  to  maintain  its  enemies,  implies 
in  those  who  are  allowed  possession  of  such  authority  the 
right  t;i  rebel  themselves;  and  therefore  the  right  to  estab 
lish  martial  law  or  military  government  in  a  State  or  Ter 
ritory  in  rebellion  implies  the  right  and  the  duty  of  the  Gov 
ernment  to  liberate  the  minds  of  .ill  men  living  therein  by 
appropriate  proclamations  and  assurances  of  protection,  in 
order  that  all  who  are  capable,  intellectually  and  morally, 
of  loyalty  and  obedience,  may  not  be  forced  into  treason  a* 
the  unwilling  tools  of  rebellions  traitors.  To  have  con 
tinued  indefinitely  the  most  efficient  cause,  support,  and 
stay  of  the  rebellion,  would  have  been,  in  our  judgment, 
unjust  to  the  loyal  people  whose  treasure  and  lives  j.rc  made 
a  willing  sacrifice  on  the  altar  of  patriotism— would  have 
discriminated  against  the  wife  who  is  compelled  to  surren 
der  her  husband,  against  the  parent  who  is  to  surrender  his 
child  to  the  hardships  of  the  camp  and  the-  perils  of  battle, 
in  favor  of  rebel  masters  permitted  to  retain  their  slaves. 
It  would  have  been  a  final  decision  alike  against  humanity, 
justice,  the  rights  and  dignity  of  the  Government,  and 
against  sound  and  wise  national  policy.  The  decision  of  the 
President  to  strike  at  the  root  of  the  rebellion  will  lend  new 
vigor  to  the  efforts  and  new  life  and  hope  to  the  hearts  of 
the  people.  Cordially  tendering  to  the  President  our  re 
spectful  assurances  of  personal  and  official  confidence,  we 
trust  and  believe  that  the  policy  now  inaugurated  will  be 
crowned  with  success,  will  give  speedy  and  triumphant  vic 
tories  over  our  enemies,  and  secure  to  this  nation  and  this 
people  the  blessing  and  favor  of  Almighty  God.  We  believe 
that  tho  blood  of  the  heroes  who  have  already  fallen,  and 


EMANCIPATION. 


233 


those  who  may  yet  give  their  lives  to  their  country,  will 
not  have  been  shed  in  vain. 

The  splendid  valor  of  our  soldiers,  their  patient  endur 
ance,  their  manly  patriotism,  and  their  devotion  to  duty, 
demand  from  us  and  from  all  their  countrymen  the  homage 
of  the  sincerest  gratitude  and  the  pledge  of  our  constant 
reinforcement  and  support.  A  just  regard  for  these  brave 
men,  whom  we  have  contributed  to  place  in  the  field,  and 
for  the  importance  of  the  duties  which  may  lawfully  pertain 
t«  us  hereafter,  has  called  us  into  friendly  conference. 
And  now,  presenting  to  our  national  Chief  Magistrate  this 
conclusion  of  our  deliberations,  we  devote  ourselves  to  our 
country's  eervice,  and  wo  will  surround  the  President  with 
our  constant  support,  trusting  that  the  fidelity  and  zeal  of 
the  loyal  States  and  people  will  always  assure  him  that  he 
will  be  constantly  maintained  in  pursuing  with  the  utmost 
vigor  this  war  for  the  preservation  01  the  national  life  and 
the  hope  of  humanity. 

A.  G.  CURTIN, 

JOHN  A.  ANDREW, 

RICHARD  YATES, 

ISRAEL  WASIIBURNE,  JR., 

EDWARD  SOLOMON, 

SAMUEL  J.  KIRKWOOD, 

0.  P.  MORTON, 

By  D.  G.  ROSE,  his  representative, 

WM.  SPRAGUE. 

F.  H.  PETRPOINT, 

DAVID  TOD, 

N.  S.  BERRY, 

AUSTIN  BLAIR. 

LETTER    FROM    CHARLES    SUMNER. 

SENATE  CHAMBER,  June  5, 1862. 

MY  DEAR  SIR  :  Your  criticism  of  the  President  is  hasty. 
I  am  confident  that,  if  you  knew  him  as  I  do,  you  would 
not  imiko  it. 

Of  course,  the  President  cannot  be  held  responsible  for 
the  misfeasances  of  subordinates,  unless  adopted  or  at  least 
tolerated  by  him.  And  I  am  sure  that  nothing  unjust  or 
ungenerous  will  be  tolerated,  much  less  adopted,  by  him. 

I  am  happy  to  let  you  know  that  he  has  no  sympathy 
with  Stanly  in  his  absurd  wickedness,  closing  the  schools, 
nor  again  in  his  other  act  of  turning  our  camp  into  a  hunt 
ing  ground  for  slaves.  He  repudiates  both — positively. 
The  latter  point  has  occupied  much  of  his  thought ;  and 
the  newspapers  have  not  gone  too  far  in  recording  his  re 
peated  declarations,  which  I  have  often  heard  from  his  own 
lips,  that  slaves  finding  their  way  into  the  national  lines 
are  never  to  be  re-enslaved.  This  is  his  conviction,  expressed 
without  reserve. 

Could  you  have  seen  the  President — as  it  was  my  privi 
lege  often— while  ho  was  considering  the  great  questions  on 
which  he  has  .already  acted — the  invitation  to  emancipa 
tion  in  the  States,  emancipationin  tbeDistrictof  Columbia, 
and  the  acknowledgment  of  the  independence  of  Hayti  and 
Liberia — even  your  zeal  would  have  been  satisfied,  for  you 
would  have  felt  the  sincerity  of  his  purpose  to  do  what  he 
could  to  carry  forward  the  principles  of  the  Declaration  of 
Independence.  His  whole  soul  was  occupied,  especially  by 
the  first  proposition,  which  was  pcetil  arly  his  own.  In 
familiar  intercourse  with  him,  I  remember  nothing  more 
touching  than  thoearnestnens  and  completeness  with  which 
he  embraced  this  idea.  To  his  mind,  it  was  just  and  benefi 
cent  while  it  promised  the  sure  end  of  slavery.  Of  course, 
to  me  who  had  already  proposed  a  bridge  of  gold  for  the  re 
treating  fiend,  it  was  most  we'come.  Proceeding  from  the 
President,  it  must  take  its  place  among  the  great  events  of 
history. 

If  you  are  disposed  to  be  impatient  at  any  seeming 


1. short-corn intr.«.  think.  I  pray  yon,  of  what  has  bee'i  dono  in 
a  brief  period,  and  from  the  past  discern  the  sure 
promise  of  the  future.  Knowing  something  of  my  convic 
tions  and  of  the  ardor  with  which  I  m  tintain  them,  you 
may,  perhaps,  derive  some  a.--Huran<  e  from  my  confidence 
I  may  say  to  you.  therefore,  stand  by  the  Administration. 
If  need  be,  help  it  by  word  and  act,  but  stand  by  ii  and 
have  faith  i:i  it. 

I  wish  that  you  really  knew  the  President,  and  had 
heard  the  artless  expression  of  his  convictions  on  those 
questions  which  concern  you  so  deeply.  You  might,  per 
haps,  wish  that  he  were  less  cautious,  but  you  would  bo 
grateful  that  he  is  so  true  to  all  that  you  have  at  heart. 
Believe  me,  therefore,  you  are  wrong,  and  I  regret  it  the 
more  because  of  my  desire  to  see  all  our  friends  stand 
firmly  together. 

If  I  write  strongly  it  is  because  I  feel  strongly;  for  my 

constant  and  intimate  intercourse  with  the  President,  be- 

!  ginning  with  the  4th  of  March,  not  only  binds  me  pecu- 

i  liurly  to  his  Administration,  but  gives  me  a  personal  as 

i  well  as  a  political  interest  in  seeing  that  justice  is  done 

him. 

Believe  me,  my  dear  sir,  with  much  regard,  ever  faith 
fully  yours,  CHARLES  SUMNER. 


LETTER  FROM  OWEN    LOVEJOY. 

The  Boston  Liberator  publishes  a  letter  from 

the  late  Owen   Lovejoy,  addressed  to   William 

Lloyd  Garrison,  under  the  date  of  Washington, 

February   22,   1864.     In  this  letter   Mr.  Love- 

jjoy  says: 

•'  I  write  you,  although  ill-health  compels  me  to  do  it  by 
the  hand  of  another,  to  express  to  you  my  gratification  at 
the  position  you  have  taken  in  reference  to  Mr.  Lincoln. 
I  am  satisfied,  as  the  old  theologians  used  to  say  in  regard 
to  the  world,  that  if  he  is  not  the  best  conceivable  Presi 
dent,  he  is  the  best  possible.  I  have  known  something  of 
the  facts  insida  during  his  Administration,  and  I  know 
that  he  has  been  just  as  radical  as  any  of  his  Cabinet.  And 
although  he  does  not  do  everything  that  yoxi  or  I  would 
like,  the  question  recurs,  whether  it  is  likely  we  can  elect 
a  man  who  would.  It  is  evident  that  the  great  mass  of 
Unionists  prefer  him  for  re-election;  and  it  seems  to  me 
certain  that  the  providence  of  God,  during  another  term, 
will  grind  slavery  to  powder.  I  believe  now  that  the 
President  is  up  with  the  average  of  the  House. 

''Recurring  to  the  President,  there  are  a  great  many  re 
ports  concerning  him  which  seem  to  be  reliable  and  authen 
tic,  which,  after  all,  are  not  so.  It  was  currently  reported 
among  the  anti-slavery  men  of  Illinois  that  the  emancipa 
tion  proclamation  was  extorted  from  him  by  the  outward 
pressure,  and  particularly  by  the  delegation  from  the  Chris 
tian  Convention  that  met  at  Chicago.  Now,  the  fact  is  this, 
as  I  had  it  from  his  own  lips:  lie  had  written  the  procla 
mation  in  the  summer,  as  early  as  Juno,  I  think — but  will 
not  be  certain  as  to  the  precise  time— an-'!  called  his  Cabinet 
together,  and  informed  them  he  had  written  it,  and  meant 
to  make  it,  but  wanted  to  read  it  to  them  for  any  criticism 
or  remarks  as  to  its  features  or  details.  A  fter  having  done 
so,  Mr.  Seward  suggested  whether  it  would  not  be  well  for 
him  to  withhold  its  publication  until  after  we  had  gained 
some  substantial  advantage  in  the  field,  as  at  that  time  we 
had  met  with  many  reverses,  and  it  might  be  considered  a 
cry  of  despair.  He  told  me  he  thought  the  suggestion  a 
wise  one,  and  so  held  on  the  proclamation  until  after  the 
battle  of  Antietam. 

"  I  mention  this  as  a  sample  of  a  great  many  others." 


REPEAL  OF  THE  FUGITIVE  SLAVE  LAWS, 

"CONTRABANDS,"  AND  KINDRED  SUBJECTS. 


The  act  of  1793  was  passed  by  the  following 
vote; 

IN  SENATE. 

January  18,  1793 — Without  a  call  of  the  yeas 
and  nays. 

IN  HOUSE. 

February  5,  1793 — Yeas  48,  nays  7,  as  fol 
lows  : 

YE.YS — Messrs.  Fisher  Ames,  John  Baptist  Ashe,  Abraham 
Baldwin,  Robert  Barnwell,  Egbert  Benson,  Elias  Boudinot, 
Shear  jaslmb  Bourne,  Benjamin  Bourne,  Abraham  Clark, 
Jonathan  Dayton,  William  Fimlley,  Thomas  Fitzsimons, 
Klbridge  Gerry,  Nicholas  Gilman,  Benjamin  Goodhue,  James 
Gordon.  Christopher  Greenup,  Andrew  Gregg,  Samuel  Grif 
fin,  William  Barry  Grove,  Thomas  Hartley,  James  Hill- 
house,  William  Hindrnan,  Daniel  Huger,  Israel  Jacobs, 
Philip  Key,  Aaron  Kitchell,  Anuisa  Learned, Richard  Bland 
Lee,  George  Leonard,,  Nathaniel  Macon,  Andrew  Moore, 
Frederick  Augustus  Muhlenberg,  William  Vans  Murray, 
Alexander  D.  Orr,  John  Page,  Cornelius  C.  Schoonmaker, 
Theodore  Sedgwick,  Peter  Silvester,  Israel  Smith,  William 
Smith,  John  Steele,  Thomas  Sumpter,  Thomas  Tudor  Tucker, 
Jeremiah  Wadsworth,  Alexander  White,  Hugh  Williamson, 
Francis  Willis-48. 

NAYS — Samuel  Livermore,  John  Francis  Mercer,  Nathan 
iel  Niles,  Josiah  Parker,  Jonathan  Sturges,  George  Thatcher, 
Thomas  Tredwell — 7. 

GEORGE  WASHINGTON,  President,  approved  it 
February  12,  1793. 

The  act  of  1850  was  passed  by  the  following 
vote : 

IN  SENATE. 

August  23,  1850 — yeas  27,  nays  12,  as  fol 
lows  : 

YEAS — Messrs.  Atchison,  Badger,  Barnwell,  Bell,  Berrien, 
Butler,  Davis  of  Mississippi,  Dawson,  Dodge  of  Iowa,  Downs, 
Foote,  Houston,  Hunter,  Jones,  King,  Mangum,  Mason, 
Pearce,  Rusk,  Sebastian,  Soule,Spruance,  Sturgeon,  Turney, 
Underwood,  Wales,  Yulee — 27. 

NAYS — Messrs.  Baldwin,  Bradbury,  Chase,  Cooper,  Davis 
of  Massachusetts,  Dayton,  Dodge  of  Wisconsin,  Greene, 
Smith,  Upham,  Walker,  Winthrop— 12. 

IN  HOUSE. 

September  12,  1850 — jeas  109,  nays  76,  as 
follows : 

YEAS— Messrs.  Nathaniel  Albertson,  William  J.  Alston, 
Josiah  M.  Anderson,  William  S.  Ashe,  Thomas  II.  Averett, 
William  V.  N.  Bay,  Thomas  H.  Bayly,  James  M.  II.  Beale, 
William  H.  Bissell,  Franklin  W.  Bowdon, Richard  I.Bowie, 
James  B.  Bowlin,  Lynn  Boyd,  Daniel  Brock,  Albert  G. 
Brown,  William  J.  Brown,  Alexander  W.  Bud,  Armistead 
Burt,  George  Alfred  Caldwell,  Joseph  P.  Caldwell,  Thomas 
L.  Clingman,  Williamson  R.  W.  Cobb.  William  F.  Colcock, 
John  R.  J.  Daniel,  Edmund  Dcberry,  Milo  M.  Dimmick, 
Cyrus  L.  Dunham,  Henry  A.  Edmundson,  Samuel  A.  Eliot, 
Andrew  Ewing,  winfleld  S.  Featherston,  Thomas  J.  D. 
Fuller,  Meredith  P.  Gentry,  Elbridge Gerry.  Edward  Gilbert, 
Willis  A.  Gorman.  James  S.  Green,  Willard  P.  Hall,  William 
T.  Hamilton,  Hugh  A.  Haralson,  IflhiUD  G.  Harris,  S.  W.  Har 


ris,  Thomas  L.  Harris,  Thomas  S.  Raymond,  Harry  Hibbard, 
Henry  W.  Billiard,  Moses  Hoagland,  Alexander  R.  Holla- 
day,  Isaac  E.  Holmes,  John  W.  Houston,  Volney  E.  Howard, 
David  Ilubbard,  Samuel  W.  Inge,  Joseph  W.  Jackson,  Afr 
drew  Johnson,  James  L.  Johnson,  Robert  W.  Johnson, 
George  W.  Jones,  David  S.  Kaufman,  John  B.  Kerr,  Emile. 
LaSere,  Shepperd  Leffler,  Nathaniel  S.  Littlefield,  Job  Mann, 
Humphrey  Marshall,  John  C.  Mason,  John  A.  McClernand, 
Joseph  E.  McDonald,  Edward  V,'.  McGaughey,  James  X. 
McLanahan.  Finis  E.  McLean,  Fayette  McMullen  John 
McQueen,  William  McWillie,  Richard  K.  Meade,  John  K. 
Miller,  John  S.  Millson,  Jeremiah  Morton,  James  L.  Orr, 
David  Outlaw,  Allen  F.  Owen,  Richard  Parker,  Charles  II. 
Peaslee,  John  S.  Phelpe,  Paulus  Powell,  William  A.  Rich 
ardson,  John  Robbins,  jr.x  Thomas  Ross,  John  II.  Savage, 
James  A.  Seddon,  Augustine  II.  Shepperd,  Edward  Stauly', 
Frederick  P.  Stanton,  Richard  II.  Stanton,  John  L.  Taylor, 
James  H.  Thomas,  Jacob  Thompson,  James  Thompson, 
John  B.  Thompson,  Robert  Toombs,  Abraham  W.  Venable, 
Hiram  Walden,  Daniel  Wallace,  Albert  (L  Watkins,  Mar 
shall  J.  Wellborn,Isaac  Wildrick,  Christopher  H.  Williams, 
Joseph  A.  Woodward,  Timothy  R.  Young — 109. 

NAYS— Henry  P.  Alexander,  Charles  Allen,  Edward  D. 
Baker,  Henry  Bennett,  Kinsley  S.  Bingham,  Walter  Booth, 
George  Briggs,  Lorenzo  Burrows, Thomas  B.Butler,  Joseph 
Cable,  Samuel  Calvin,  Lewis  D.  Campbell,  David  K.  Carttcr, 
Joseph  R.  Chandler,  Charles  E.  Clarke.  Orsamus  Cole,  Moses 
B.  Corwin,  John  Crowell,  Jesse  C.  Dickey,  David  T.  Disney, 
Nathan  F.  Dixon,  James  Duane  Doty,  James  H.  Duncan, 
Charles  Durkee,  Nathan  Evans,  Graham  N.  Fitch,  Orin 
Fowler,  John  Freedly,  Joshua  R.  Giddinsrs,  Daniel  Gott, 
Herman  D.  Gould,  Ransom  Halloway,  Moses  Hampton,  An 
drew  J.  Harlan,  Andrew  K.  Hay,  William  Ilr-bard,  William 
Henry,  John  W.  Howe,  William  F.  Hunter,  William  T. 
Jackson,  George  W.  Julian,  George  G.  King,  James  G. 
King,  John  A.  King,  Preston  King,  Horace  Mann,  Orsamus 
B.  Matteson,  Thomas  McKissock,  James  Meacham,  Henrv 
D.  Moore,  Jonathan  D.  Morris,  William  Nelson,  John  Otis, 
Charles  W.  Pitman,  Harvey  Putnam,  Robert  R.  Reed,  Johu 
L.  Robinson,  Joseph  M.  Root,  David  Rumsey,  jr.,  William 
A.  Sackett,  Culleu  Sawtelle,  Ab'm  M.  Schermcrhom,  Johu 
L.  Schoolcraft,  Peter  H.  Silvester,  William  Sprague,  Thad- 
deus  Stevens,  Charles  Stetson,  John  R.  Thurman,  Amos 
Tuck,  Walter  Underbill,  Samuel  F.  Vinton,  Loren  P.  Waldo, 
John  Wentworth,  William  A.  Whittlesev,  Amos  E.  Wood. 
George  W.  Wright— 76. 

MILLARD  FILLMOBE,  President,  approved  it, 
September  18,  1850. 

MOVEMENTS    FOR    ITS    REPEAL. 

First  Session,  Thirty-Second  Congress. 
IN  SENATE. 

1852,  Aug  26 — The  civil  and  diplomatic  bill 
pending, 

Mr.  SUMNEB  offered  an  amendment  to  add 
to  a  section  appropriating  money  to  pay  minis 
terial  officer?  of  the  Uni'ed  States  extraor 
dinary  expenses  incurred,  this  proviso  : 

That  no  such  allowance  shall  be  authorized  for  any  ex 
penses  incurred  in  executing  the  act  of  September  18, 1850, 
for  tbe  surrender  of  fugitives  Hum  sen  ice  or  labor;  which 
said  act  is  hereby  repealed. 

234 


REPEAL   OF   THE   FUGITIVE   SLAVE    LAWS. 


235 


Which  was  rejected — yeas  4,  nays  47,  as  fol 
lows  : 

YEAS— Messrs.  Chase  of  Ohio,  Hale  of  N.  H.,  Sumner  of 
Mass.,  Wade  of  Ohio-4. 

NAYS— Messrs.  Adams  of  Miss.,  Badger  of  N.  C.,  Bayard 
of  Del.,  Bell  of  Tenn.,  Borland  of  Ark.,  Bradbury  of  Maine, 
Bright  of  Ind.,  Brodhcad  of  Penn.,  Brooke  of  Miss.,  Butler 
of  S.  C.,  Cass  of  Mich.,  Churlton  of  Geo.,  Clark  of  R.  I., 
Clemens  of  Ala.,  Cooper  of  Penn.,  Dawson  of  Geo.,  DeSaus- 
sure  of  S.  C.,  Dodge  of  Iowa,  Douglass  of  111.,  Fitch  of 
Mich.,  Fish  of  N.  Y.,  Geyer  of  Mo.,  Gwin  of  Cal.,  Ilamlin  of 
Maine,  Houston  of  Texas,  Hunter  of  Va.,  James  of  R.  I., 
Jones  of  Iowa,  King  of  Ala.,  Mallory  of  Florida,  Mangum 
of  N.  C.,  Mason  of  Va.,  Meriwether  of  Ky.,  Miller  of  N.  J., 
Morton  of  Fla.,  Pearce  of  Md.,  Pratt  of  Md.,  Rusk  of  Texas, 
Shields  of  111.,  Smith  of  Conn.,Souleof  La.,  Spruance  of  Del., 
Toucey  of  Conn..  Underwood  of  Ky.,  Upham  of  Vt.,  Walker 
f  Wis.,  Weller  of  Cal.— 47. 

First  Session,  Thirty-Third  Congress. 
IN  HOUSE. 

1854,  July  28— Mr.  THOMAS  D.  ELIOT,  of 
Massachusetts,  asked  leave  to  introduce  a  bill 
to  repeal  the  fugitive  slave  law.  Mr.  BRIDGES, 
of  Pennsylvania,  objected. 

Mr.  ELIOT  moved  to  suspend  the  rules  for 
that  purpose;  which  was  rejected — yeas  45, 
nays  120,  as  follows  : 

YEAS— Messrs.  Edward  Ball,  Henry  Burnett,  Samuel  P. 
Benson,  L.  D.  Campbell,  David  Carpenter,  Moses  B.  Corwin, 
Samuel  L.  Crocker,  Thomas  Davis,  Alexander  DeWitt,  John 
Dick,  Edward  Dickinson,  Ben.  C.  Eastman,  J.  Wiley  Ed- 
mands,  Thomas  D.  Eliot,  William  Everhart,  Joshua  R. 
Giddings,  John  Z.  Goodrich,  Aaron  Ilarlan,  Thomas  M. 
Howe.  Daniel  T.  Jones,  James  Knox,  0.  B.  Matteson,  Sam 
uel  Mayall,  Edwin  B.  Morgan,  Jesso  0.  Norton,  Samuel  W. 
Parker,  Alexander  C.  M.  Pennington,  Benjamin  Pringle, 
David  Ritchie,  Samuel  L.  Russell,  Alvah  Sabin,  Russell 
Sage,  William  R.  Supp,  George  A.  Simmons,  Gen-it  Smith, 
Andrew  Stuart,  Benjamin  B.  Thruston,  M.  C.  Trout,  C.  W. 
Upham,  Edward  Wade,  Samuel  II.  Walley,  Ellihu  B.  Wash- 
Lurne,  Israel  Washburn,  jr.,  Daniel  Wells,  jr.,  Tappan  Went- 
worth — io. 

NAYS— William  Aiken,  James  C.  Allen,  Willis  Allen,  Wil 
liam  S.  Ashe,  D.  J.  Bailey,  W.  S.  Barry,  T.  II.  Benton,  T.  S. 
Bocock,  W.  W.  Boyce,  J.  C.  Breckinridge,  S.  A.  Bridges,  P. 
S.  Brooks,  S.  Caruthers,  E.  M.  Chamberlain,  E.  S.  Chastain, 
J.  S.  Chrisman,  W.M.Churchwell,  S.  Clark,  T.  L.  Clingman, 
W.  R.  W.  Cobb,  J.  P.  Cook,  L.  M.  Cox,  B.  Craige,  C.  B.  Cur 
tis,  J.  G.  Davis,  J.  L.  Dawson,  D.  T.  Disney,  J.F.Dowdell,  A. 
Drum,  W.  Dunbar,  N.  Eddy,  A.P.Edgerton,  II.  A. Edmund- 
son,  J.  M.  Elliott,  A.  Ellison,  W.  II.  English,  E.  W.  Farley, 
C.  J.  Faulkner,  T.  B.  Florence,  T.  J.  D.  Fuller,  W.  O.Goode, 
A.  B.  Greenwood,  G.  A.  Grow,  S.  W.  Harris,  W.  P.  Harris,  J. 
S.  Harrison,  S.  G.  Haven,  T.  A.  Hendricks,  B.  Ilenn,  H. 
Hibbard,  C.  S.  Hill,  G.  S.  Houston,  T.  G.  Hunt,  II.  H.  John 
son,  G.W.Jones,  R.Jones,  L.  M.  Keitt,  J.  Kerr,  Z.Kidwoll, 
G.  W.  Kettriclge,  W.  II.  Kurtz,  A.  W.  Lamb,  M.  S.  Latham, 
J.  Letchcr,  J.  J.  Lindley,  F.  McMullen,  J.  McNair,  J.  Mc 
Queen,  J.  B.  Macy,  J.  Maurice,  A.  E.  Maxwell,  J.  G.  Miller, 
S.  Miller,  J.  S.  Millson,  G.  W.  Morrison,  W.  Murray,  M.  H. 
Nichols,  D.  A.  Noble,  E.  B.  Olds,  A.  Oliver,  J.  L.  Orr,  R.  W. 
Peckham,  J.  S.  Phelps,  P.  Phillips,  J.  T.  Pratt,  W.  Preston 
R.  C.  Puryear,  D.  A.  Reese,  G.  R.  Riddle,  J.  Robbins,  jr.,  S. 
II.  Rogers,  T.  Ruffin,  J.  L.  Seward,  W.  Shannon,  H.  M.  Shaw, 
J.  Shower,  C.  Skelton,  S.  A.  Smith,  W.  R.  Smith,  G.  W. 
Smyth,  A.  R.  Sollers,  F.  P.  Stanton,  R.  H.  Stanton,  A.  H. 
Stephens,  II.  L.  Stevens,  N.  T.  Stratton,  C.  M.  Straub  D. 
Stuart,  F.  J.  Taylor,  J.  L.  Taylor,  N.  G.  Taylor,  G.  Vail,  J. 
Vansant,  II.  Walbridge,  W.  A.  Walker,  J.  Wheeler,  W.  H. 
Witte,  D.  B.  Wright,  H.  B.Wright,  F.  K.  Zollicoffer— 120. 

Second  Session,  Thirty-Seventh  Congress.* 

IN  SENATE. 
1861,  December  26 — Mr.  HOWE,  of  Wisconsin, 

»0n  the  23d  of  July,  1861,  the  Attorney  General,  in 
answer  to  a  letter  from  the  United  States  marshal  of 
Kansas,  inquiring  whether  he  should  assist  in  tho  execu 
tion  of  the  fugitive  slave  law,  wrote: 

ATTORNEY  GENERAI/S  OFFICE,  July  23, 1861. 
J   L.  MCDOWELL,  U.  S.  Marshal,  Kansas : 

Your  letter  of  the  '1th  of  July,  received  19th,  (under 
frank  of  Senator  Lane,  of  Kansas,)  asks  advice  whether  you 
should  give  your  official  services  in  the  execution  of  the 
fugitive  slave  law. 

Tt  is  the  President's  constitutional  duty  to  "  take  care  that 


introduced  a  bill  to  repeal  the  fugitive  slave 
law;  which  was  referred  to  the  Committee  on 
the  Judiciary. 

1862,  May  24 — Mr.  WILSON,  of  Massachusetts, 
introduced  a  bill  to  amend  the  fugitive  slave 
law ;  which  was  ordered  to  be  printed  and  lie 
on  the  table. 

June  10 — Mr.  WILSON  moved  to  take  up  the 
bill ;  which  was  agreed  to — yeas  25,  nays  JO,  as 
follows : 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark, 
Cowan,  Dixon,  Doolittle,  Fessendcn,  Foot,  Grimes,  Hale, 
Ilarlan,  Harris,  Howard.  Howe,  King,  Lane  of  Kansas,  Mor- 
rill,  Pomeroy,  Simmons,  Sumner,  Ten  Eyck,  Trumbull, 
Wade,  Wilson  of  Massachusetts — 25. 

NAYS — Messrs.  Carlile,  Davis,  Latham,  McDougall,  Wes- 
mith,  Powell,  Saulsbury,  Stark,  \Villey,  Wright— lu. 

The  bill  was  to  secure  to  claimed  fugitives  a 
right  to  a  jury  trial  in  the  district  court  for  the 
Unitcd  States  for  the  district  in  which  they 
may  be,  and  to  require  the  claimant  to  prove 
his  loyalty.  The  bill  repeals  sections  6,  7,  8, 
9,  and  10  of  the  act  of  1850,  and  that  part  of 
seetion  5,  which  authorizes  the  summoning  of 
i\\e  posse  comitatus.  When  a  warrant  of  return 
is  made  either  on  jury  trial  or  confession  of  the 
party  in  the  presence  of  counsel,  having  been 
warned  of  his  rights,  the  fugitive  is  to  be  sur 
rendered  to  the  claimant,  or  the  marshal  where 
necessary,  who  shall  remove  him  to  the  bound 
ary  Imeof  the  district,  and  there  deliver  him  to- 
the  claimant.  The  bill  was  not  further  consid 
ered. 

IN  HOUSE. 

1861,  December  iO — Mr.  JULIAN  offered  this- 

resolution  : 

Resolved,  That  the  Judiciary  Committee  be  instructed  to 
report  a  bill,  so  amending  the  fugitive  slave  law  enacted  in- 
1850  as  to  forbid  the  recapture  or  return  of  any  fugitive 
from  labor  without  satisfactory  proof  first  made  that  the 
claimant  of  such  fugitive  is  loyal  to  the  Government. 

Mr.  HOLMAN  moved  to  table  the  resolution, 
which  was  disagreed  to — yeas  39,  nays  78,  as 
follows  : 

YEAS — Messrs.  Ancona,  Joseph  Baity,  Biddle,  George  H. 
Browne,  Cobb,  Cooper,  Cox,  Cravens,  Crittenden,  Dunlap, 
English,  Fouke,  Grider,  Harding,  Holman,  Johnson,  Lawr 
Lazear,  Leary,  Lehman,  Mallory,  Morris,  Noble,  Noell,  Nor- 


NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Babbitt,  Bakerr 
Baxter,  Beaman,  Bingham,  Francis  P.  Blair,  Samuel  S. 
Blair,  Blake,  Buffinton,  Burnhan,  Chamberlain,  Clark,  Col- 
fax,  Frederick  A.  Conkling,  Roscoe  Conkling,  Cutler, 
Davis,  Dawes,  Delano,  Duel],  Edwards,  Eliot,  Fessenden, 
Franc-hot,  Frank,  Gooch,  Goodwin,  Gurley,  Hale,  Hanchett, 
Harrison,  Hooper,  Hutchins,  Julian,  William  Kellogg,  Lan 
sing,  Loomis,  Lovejoy,  McKnight,  McPherson,  Marston, 
Mitchell,  Moorhead,  Anson  P.  Morrill,  Justin  S.  Merrill, 
Olin,  Patton,  Pike,  Pomeroy,  Porter,  Potter,  John  H.  Rice, 
Riddle,  Edward  H.  Rollins,  Sargent,  Sedgwick,  Shanks,. 
Shellabarger,  Sherman,  Sloan,  Spaulding,  Stevens,  Ben 
jamin  F.  Thomas,  Train,  Vandever,  Wall,  Wallace,  E.  P. 
Walton,  Washburne,  Wheeler,  Whaley,  Albert  S.  White,. 
AVilson,  Windom,  Worcester — 78. 


the  laws  be  faithfully  executed."  That  means  all  the  laws. 
He  has  no  right  to  discriminate,  no  right  to  execute  the  laws 
he  likes,  and  leave  unexecuted  those  he  dislikes  And  of 
course  yoii  and  I,  his  subordinates,  can  have  no  wider  lati 
tude  of  discretion  than  he  has.  Missouri  is  a  State  in  the- 
Union.  Tbe  insurrectionary  disorders  in  Missouri  are  but 
individual  crimes,  and  do  not  change  the  legal  s;atusof  the 
State,  nor  change  its  rights  and  obligations  as  a  member  of 
the  Union 

A  refusal  by  a  ministerial  officer  to  execute  any  law  which 
properly  belongs  to  his  oftice,  is  an  official  misdemeanor,  of 
which  I  have  no  doubt  the  President  would  take  notice 
Very  respectful :y,  EDWARD  BATES 


236 


REPEAL   OF   THE    FUGITIVE    SLAVE    LAWg, 


The  resolution  was  then  adopted  —  yeas  78, 
nays  39. 

1802,  June  9  —  Mr.  JULIAN,  of  Indiana,  intro 
duced  into  the  House  a  resolution  instructing 
the  Judiciary  Committee  to  report  a  bill  for  the 
purpose  of  repealing  the  fugitive  slave  law  ; 
which  was  tabled  —  yeas  66,  nays  51,  as  follows  : 

YEAS  —  Messrs.  William  J.  Allen,  Ancona,  Bail>j,  /;/>/ 
Francis  P.  Blair,  Jacob  B.  Blair,  Gwge  If.  Browne,  William 
G.  Brown,  Burnham,  Calvert,  Casey,  Clements,  Cobb,  Corn 
ing,  Criltmden,  Delano,  Diven,  Granger,  Grider,  Haight, 
Hale.  Harding,  Holman,  Johnson,  William  Kellogg,  Kerri 
gan,  Knup2),  Luzcar,  Low,  Maynard,  Menzies,  Moorhead,  Mor 
ris,  Noble,  Noell,  Norton,  Odtll,  Pcndltton,  John  S.  Phelps, 
Timothy  G.  Phclpa,  Porter,  Richardson,  Robinson,  James  S. 
' 


,  Sarg<;nt,  Segar.  Sh-^irld,  Shifl,  Smith,  John  B.  Stecle. 
William  G.  Steel",  Benjamin  F.  Thomas,  Francis  Thomas, 
Trimble,  Vallandigham,  V'erree,  Vibbard,  Voorhees,  Wads- 
worth,  Webster,  CltiltmiA.  WJiite,  Wicklijfe,  Wood,  Woodruff', 
Worcester,  Wright—  66. 

NAYS—  Messrs.  Aldrich,  Alley,  Baker,  Baxter,  Beaman, 
Bingham,  Blake,  Buffinton,  Chamberlain,  Colfax,  Frederick 
A.  Conkling,  Davis,  Dawes,  Edgerton,  Edwards,  Eliot,  Ely, 
Franchot,  Gooch.  Goodwin,  Hanchett,  llutchins,  Julian,  Kel- 
ley,  Francis  W.  Kellogg,  Lansing,  Lovejoy,  McKnight,  Mc- 
Phorson.  Mitchell,  Anson  P.  Morrill,  Pike-',  Pomeroy,  Potter, 
Alexander  II.  Rice,  John  II.  Rice,  Riddle,  Edward  II.  Rollins, 
Shellabarger,  Sloan,  Spaulding,  Stevens,  Train,  Trowbridge, 
Van  Horn,  Van  Valkonburgh,  Wall,  Wallace,  Washburne, 
Albert  S.  White,  Windom—  51. 

Same  day  —  Mr.  COLFAX,  of  Indiana,  offered 
this  resolution  : 

Resolred,  That  the  Committee  on  the  Judiciary  be  in 
structed  to  report  a  bill  modifying  the  fugitive  slave  law  so 
as  to  require  a  jury  trial  in  all  cases  where  the  person 
claimed  denies  under  oath  that  he  is  a  slave,  and  also  re 
quiring  any  claimant  under  such  act  to  prove  that  he  has 
been  loyal  to  the  Government  during  the  present  rebellion. 
Which  was  agreed  to—  yeas  77,  nays  43,  as 
fo  lows  : 

YEAS—  Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt,  Ba 
ker,  Baxter,  L'eaman,  Bingham,  Francis  P.  Blair,  Blake,  Buf- 
finton,  Burnham,  Chamberlain,  Colfax,  Frederick  A.  Conk- 
ling,  Davis,  Dawes,  Delano,  Diven,  Edgerton,  Edwards,  Eliot, 
Ely,  Franchot,  Gooch,  Goodwin,  Granger,  Gurley,  Ifaiqht, 
Hale.  Hanchett,  llutchins,  Julian,  Kelley,  Francis  W.  Kel 
logg,  William  Kellogg,  Lansing,  Loomis,  Lovejoy,  Low, 
Mcivnight,  McPherson,  Mitchell,  Anson  P.  Morrill,  Justin 
S.  Morrill,  Nixon,  Timothy  G.  Phelps,  Pike,  Pomeroy,  Porter, 
Potter,  Alexander  H.  Rice,  John  II.  Rice,  Riddle,  Edward 
H.  Rollins,  Sargent,  Shanks,  Shield,  Shollabarger,  Sloan, 
Spaulding,  Stevens,  Stratton,  Benjamin  F.  Thomas,  Train, 
Trimble,  Trowbridge,  Van  Valkenburgh,  Verree,  Wall,  Wral- 
lace,  Washburue,  Albert  S.  White,  Wilson,  Windom,  Wor 
cester  —  77. 

NATS—  Messrs.  William  J.  Allen,  Ancona,  Baily,  Biddle, 
Jacob  B.  Blair,  William  G.  Brown,  Calrert,  Casey,  Clements, 
f'obb,  Corning,  CritLenden,  Fouke,  Grider,  Harding,  Hol- 
man  ,  Jolinson  ,  Knapp,  Mayuard,  Menzies,  Noble,  Nodi,  Nor 
ton.  1'end/eton,  John  S.  Phelps,  Richardson,  Robinsm,  James 
£.  Rollins,  Segar,  Shiel,  Smith,  John  B.  Steele,  William  G. 
JSteele,  Francis  Thomas,  Vallandigham,  Vibbard  Voorhees 
Wadsworth,  Webster,  Chilian  A.  White.  Wickliffe,  Wood, 
Wright—  43. 

Third  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

1863,  February  11—  Mr.  TEN  EYCK,  from  the 
Committee  on  the  Judiciary,  to  whom  was  re 
ferred  a  bill,  introduced  by  Senator  HOWE,  in 
second  session,  December  26,  1861,  to  repeal  the 
fugitive  slave  act  of  1850,  reported  it  back 
without  amendment,  and  with  a  recommenda 
tion  that  it  do  not  pass. 

First  Session,  Thirty-Eighth  Congress. 

IN  HOUSE. 

1863,  Dec.  14  —  Mr.  JULIAN,  of  Indiana,  of 
fered  this  resolution: 

Resolved,  That  the  Committee  on  the  Judiciary  be  in 
structed  to  report  a  bill  for  the  repeal  of  the  third  and  fourth 
sections  of  the  M  a  :t  respecting  fugitives  from  justice  and 


persons  escaping  from  the  Borvice  of  their  masters."  ap 
proved  February  12, 1793,  and  the  act  to  amend  and  sup 
plementary  to  the  aforesaid  act,  approved  September  18, 
1850. 

Mr  HOLMAN  moved  that  the  resolution  lie 
upon  the  table,  which  wa,s  agreed  to — yeas  81, 
nays  73,  as  follows : 

YEAS— Messrs.  James  C.  Allen,  William  J.  Allm,  Anrm\n, 
Anderson,  Baily,  Augustus  C.  Baldwin,  Jacob  B.  Blair,  Bliss, 
Brooks,  James  S.  Brown,  William  G.  Brown,  Clay,  Cobb, 
Ooffruth,  Cox,  Cravens',  Creswell,  Dawsr/n,  Deining,  Denison, 
Edtn,  Edgerton.  Eldridge,  English,  Finck,  Ganstm,  Grider, 
Griswold,  Hull,  Harding,  Harrington,  Benjamin  G,  Harris, 
Charles  M.  Harris,  Iligby,  IMman,  Hutching,  William  John 
son,  Kernan,  King,  Knapp,  Law.  Lazear,  Le  Blond,  Long, 
Mullonj,  Marcu,  Marvin,  McBride,  McDowell,  McKinney, 
William  H.  Miller,  James  R.  Morris,  Morrison,  Nelson,  Noble, 
Odcll,  John  O'NeiU,  Pendleton,  William  II.  Randall,  'jfoi.in- 
son,  Rogers,  James  S.  Rollins,  Ross,  Scott,  Smith,  Smithera, 
Steobins,  John  B.  Steele,  Stuart,  Sweat,  Thomas,  Voorhees, 
Wudsworth,  Wsrd,  Wheeler,  Chi!to~i  A.  White,  Joseph  W. 
White,  Williams,  Winfield,  Fernando  Wood,  Yen-man— 81. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley,  John 
D.  Baldwin,  Baxter,  Beaman,  Elaine,  Blow,  Boutwcli,  Boyd, 
Brandegee,  Broomall,  Ambrose  W.  Clark,  Freeman  ('bike, 
Cole,  Henry  Winter  Davis,  Dawes,  Dixon,  Donnelly,  Driggs, 
Dumont,  Eckley,  Eliot,  Farnsworth,  Fenton,  Frank'  Garfic-ld, 
Gooch,  Grinnell,  Hooper,  Hotchkiss,  Asahel  W.  Hubbard, 
John  H.  Hubbard,  Tlulburd,  Jenckcs,  Julian,  Francis  W. 
Kellogg,  Orlando  Kellogg,  Loan,  Longyear,  Lovejoy,  Mc- 
Clurg,  Mclndoe,  Samuel  F.  Miller,  Moorhead,  Morrill,  Amos 
Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Pat 
terson,  Pike,  Pomeroy,  Price,  Alexander  II.  Rice.  John  II. 
Rice,  Edward  H.  Rollins,  Schenck,  Scofield.  Shannon, 
Spalding,  Thayer,  Van  Valkeaburgh,  Ellihu  B.  Washburne, 
William  B.  Washburn,  Whaley,  Wilder,  Wilson,  W  indom, 
Woodbridge— 73. 

1864,  June  6 — Mr.  HUBBARD,  of  Connecticut, 
offered  this  resolution  : 

Resolved,  That  the  Committee  on  the  Judiciary  be  in 
structed  to  report  to  this  House  a  bill  for  the  repeal  of  all 
acts  and  parts  of  acts  which  provide  for  the  rendition  of 
fugitive  slaves,  and  tha^t  they  have  leave  to  make  such  re 
port  at  any  time. 

Which  went  over  under  the  rule.  May  30,  he 
had  made  an  ineffectual  effort  to  offer  it,  Mr. 
HOLMAN  objecting. 

/  REPEALING  BILLS. 

1864,  April  19— The  Senate  considered  the  bill 
to  repeal  all  acts  for  the  rendition  of  fugitives 
from  service  or  labor.  The  bill  was  taken  up — 
yeas  26,  nays  10. 

Mr.  SHERMAN  moved  to  amend  by  inserting 
these  words  at  the  end  of  the  bill  : 

Except  the  act  approved  February  12, 1793,  entitled  "An 
act  respecting  fugitives  from  justice,  and  persons  escaping 
from  the  service  of  their  masters." 

Which  was  agreed  to — yeas  24,  nays  17,  as 
follows  : 

YEAS— l^essrs.  Bucknlew,  Carlile,  Collamer,  Cowan.  Dams, 
Dixon,  Dbolittle,  Foster,  Harris,  Henderson,  Hemlricks, 
Howe,  Johnson,  Lane  of  Indiana,  McDougull,  Nexmith, 
Pmoell,  Riddle,  Suulsbury,  Sherman,  Ten  Eyck,  Trumbull, 
Van  Winkle,  Willey— 24. 

NAYS — Messrs.  Anthony,  Brown,  (Mark,  Conuess,  Fessen- 
den,  Grimes,  Hale,  Howard,  Lane  of  Kansas,  Morgan,  Mor 
rill,  Pomeroy.  Ramsey,  Sprague,  Sumner,  Wilkinson,  Wil 
son— 17. 

Mr.  SAULSBURY  moved  to  add  these  sections  : 
And  be  it  further  enacted,  That  no  white  inhabitant  of  the 
United  States  shall  be  arrested,  or  imprisoned,  or  held  to 
answer  for  a  capital  or  otherwise  inihmoas  crime,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger, 
without  due  process  of  law. 

And  be  it  further  enacted,  That  no  person  engaged  in  tho 
executive,  legislative,  or  judicial  departments  of  the  Gov 
ernment  of  the  United  States,  or  holding  any  office  or  trust 
ecognized  in  tho  Constitution  of  the  United  States,  and  no 
person  in  military  or  nuval  service  of  tho  United  States, 
shall,  without  due  process  of  law,  arrest  or  imprison  any 
white  Inhabitant  of  the  United  States  who  is  not,  or  has  not 
jeen,  or  shall  not  at  tho  time  of  such  arrest  or  imprison 
ment  be,  engaged  in  levying  war  against  the  United  States, 


AND    KINDRED    SUBJECTS. 


237 


or  in  adhering  to  the  enemies  of  the  United  States,  giving  J       Which  was  rejected  —yeas  9,  nays  29,  as  fol- 
them  ma  and  comlort,  nor  aid,  abet,  procure,  or  advise  the  i  TOW(,  . 
•dine,  except  in  cases  arising  in  the  land  or  naval  forces,  or  ; 

in  the  militia  when  in  actual  service  in  time  of  war  or  pub-  ;      YEAS— Messrs.    Buckalew,    Carlile,    Cowaii,   Davis     Mo 
lic  danger.    And  any  person  as  aforesaid  so  arresting,  or  j   ~ 
imprisoning,  or  holding,  as  aforesaid,  as  in  this  and  the  sec 
ond  section  of  this  act  mentioned,  or  aiding,  abetting,  or 
procuring,  or  advising  the  same,  shall  be  deemed  guilty  of 
felony,  and,  upon  conviction  thereof  in  any  court  of  compe- 


Douyall,  Pnwdl,  Richardson,  Riddle.  Satils'mry—9. 

NAYS— Messrs.  Anthony,  Brown,  Chandler.  Clark,  Con- 
ness,  Dixon,  Foot,  Grimes,   Hale,    Ilarlan,  Harris,    Hicks, 
Howard,  Howe,  Johnson,  Lane  of  Indiana,  Lane  of  Kansas, 
Morgan,  Morrill.  Pomeroy,  Ramsey,  Sprague,  Sumner,  Tea 
tent  jurisdiction,  shall  be  imprisoned  lor  a  term  of  not  less  j  Eyck,  Trumbull,  Van  Winkle,  Wade,  Willoy — 29. 


than  one  nor  more  than  five  years,  shall  pay  a  fine  of  not 
less  than  $1.000  nor  more  than  $5.000,  and  shall  be  forever 
incapable  of  holding  any  office  or  public  trust  under  the 
Government  of  the  United  States. 

Mr  HALF,  moved  to  strike  out  the  word 
"  white  "  wherever  it  occurs ;  which  was  agreed 
to. 

The  amendment  of  Mr.  SAULSBURY,  as  amend 
ed,  was  then  disagreed  to — yeas  9,  nays  27,  as 
follows  : 

YI:AS— Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Hen 
dricks.  McDougall,  Powell,  Riddle,  Saulsbury—Q. 

NAYS — Messrs.  Anthony,  Clark,  Collamer,  Conness,  Doo- 
little,  Fessemleu,  Foster,  Climes,  Hale,  Harris,  Howard, 
Howe,  Lane  df  Indiana,  Lane  of  Kansa*,  Morgan,  Morrill, 
Pomeroy,  Ramsey,  Sherm:.n,  Sprague,  Sumner,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Wilkinson,  Willey,  Wilson — 27. 

Mr.  CONNESS  moved  to  table  the  bill ;  which 
was  disagreed  to — yeas  9,  (Messrs.  Buckalew, 
Carlile,  '  'onness,  Davis,  Hendricks,  Ncsmith, 
Powell.  Riddle,  Saulsbury,)  nays  31. 

It  was  not  againLacted  upon. 

1804,  June  13 — The  House  passed  this  bill, 
reported  from  the  Committee  on  the  Judiciary 
by  Mr.  MORRIS,  of  New  York,  as  followf  • 

L-'.t.  it  KH-;(ted.  t£c..  That  sections  three  and  four  oi  an  act 
unlit  led  "  Au  act  respectutiic  fugitives  from  justice  and  per 
sons  escaping  from  ihe  Mrvice  of  their  masters,"  passed 
February  12, 179J,  and  <M»rf  entitled  '•  An  act  to  amend, 
and  supplementary  ti\  tlieTKt  entitled  '  An  act  respecting 
fngi.ives  from  justice,  and  persons  escaping  from  their 
masters,'  pussed  February  12, 1793,"  parsed  September  18, 
1850,  be.  and  the  same  aiv  hereby,  repealed. 

Yeas  90,  nays  tj2,  as  foll'nvs  : 

YEAS— Messrs  Alley,  Allison,  Ames,  Arnold,  Ashley 
John  D.  Baldwin,  Baxter,  Beaman,  Elaine,  Blair,  Blow 
Koutwell.^oyd,  Brandegee,  Broomall,  Ambrose  W.  Clark 
Fivei 


KUI  Clark",  Cobb,  Cole,Crcswe!l,  Henry  Winter  Davis, 
Thomas  T.  Davis,  Dawes,  Uemng,  Dixon,  Donnelly,  Dri-gs. 
Eok  ey,  Eliot,  Farnsworth,  Feuton,  Frank,  Gaifield,  Goocil, 
Criswold,  Uigby,  Hooper.  Hotchkiss,  Asahel  W.  Hubbard, 
.John  II.  Hubbard,  Hulburd,  Ingersoll.  Jenckes,  Julian. 
Ke/ley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Littlejohn', 
Loan,  Longyear,  Marvin,  McBride,  McClurg,  Mclndoe, 
Samuel  F.  Mil hr,  iMoorhead,  Morrill,  Daniel  Morris  Amos 
Myers,  Leonard  Myers,  Norton,  Chas.  O'Neill,  Orth,  Patter 
Hon.  Perham,  Pike,  Price,  Alexander  II.  Rice,  John  II.  Rice. 
Eldwurd  H.  Rollins,  tchenck,  Sc^field,  Shannon,  Sloan, 
Spaldiug,  Starr,  Stevens.  Thayer.  Thomas,  Tracy,  Upson. 
Van  Valkenburgh,  Wm.  B.  Wash  burn,  W.  bster,  Whaley 
William*.  Wilder.  Wilson,  Windom,  VVoodbridge— 90. 

NAYS— Messrs.  James  C.  Allen,  William  J.Allen,  Anco-na. 
Augustus  C.  Baldwin,  Bliss, Brooks,  James  .V.  Brown,  Chan- 
ler,  (offroth,  (.ox,  Craven:,  Dawson,  Denis^n,  Eden,  Edger- 
ton.  Eldridge.  English,  Find;  O-inso  >,  Grider,  Harding, 
Harrington.  Charles  M.  Harris,  Herric'c,  Holman,  Hutching. 
Philip  Johnson,  Kalhfleisvh,  Kernan,  Kiny,  Knupp.  Lhw 
Laziir,  Le  Bio  id,  Mattory.  Marcy,  McDowell.  McKinn°y 
William  II.  Miller,  James  R  Morris,  Morrison.  Odell,  Pen- 
dlcton,  Pruyn.  Radford*,  Samuel  J.  Randall.  Roliinson 
James  S  Rollins,  Ross.  Smithers.  John  B.  Steele,  William 
G.  Steele,  Stiles,  Strouse,  Stitari,  Sweat.  Wadsworth.  Ward 
Wheeler,  Chilton  A.  White,  Joseph  W.  White,  Fernanda 
Worxl — 62. 

June  22— This  bill  was  taken  up  in  the  Sen 
ate,  when  Mr.  SAULSBURY  moved  this  substitute: 

Th;it  no  person  held  to  service  or  labor  in  one  State 

der  the  laws  thereof,  escaping  into  another,  shall,  in  co 

any  law  or  regulation  therein,  be  discharged 
service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due ;  and  Congress  shall  pass  all  necsssary  and  proper  laws 
for  the  rendition  of  all  such  persons  who  shall  so  as  afore- 
•uid,  escape. 


quence  ot 
from  such 


m- 
conse- 


Mr  JOHNSON,  of  Maryland,  moved  an  amend 
ment  to  substitute  a  clause  repealing  the  act  of 
1850  ;  which  was  rejected — yeas  17,  nays  22,  as 
follows : 

YEAS— Messrs.  Buckalew,  Carlile,  Cowan,  Davis.  Harris, 
Hicks,  Johnson,  Lane  of  Indiana,  McDougall,  Powell,  Rich 
ardson,  Riddle,  Saulsbury,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Willey— 17. 

NAYS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
ness,  Dixon,  Fessemleii,  Foot,  Grimes,  Hale,  Harlan,  How 
ard,  Howe,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy, 
Ramsey,  Sprague,  Sumner,  Wade,  Wilson— 22. 

The  bill  then  passed — yeas  27,  nays  12,  as 
follows : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
ness,  Dixon,  Fessenden,  Foot,  Grimes.  Hale,  Harlan,  Harris, 


,  Trumbull,'  Wade,  Wilson— 27*. 


*YS~Mesrs- 


Winkle,  Willey— 12. 


Jowan,  Davis,  Johnson, 
Riddle,  Sdulsbury,  Van 


ABRAHAM    LINCOLN,    President,  approved    it, 
June  28,  1864. 


ESCAPE  OF  FUGITIVE  SLAVES,  FROM  1850  TO  1860. 

The  census  report  shows  that  notwithstand 
ing  all  the  controversies  upon  the  subject  of 
the  fugitive  slave  law  and  its  enforcement, 
from  1850  down  to  1860,  there  were  Igss  per 
cent,  escapes  of  fugi'ive  slaves  than  at  &ny 
former  period  of  the  Government.  The  report 
states  : 

"  The  number  of  slaves  who  escaped  from  their  masters 
m  1860  is  not  only  much  leas  in  proportion  than  in.  1850 
but  greatly  reduced  numerically.  The  greatest'lncr'ase  of 
escapes  appears  to  have  occurred  in  Mississippi,,  Missom-i, 
and  Virginia,  while  the -decrease  ^  mostwarKea  in  Dela 
ware,  Georgia,  Louisiana.  Maryland,  and  Tennessee. 

"That  the  complaint  of  insecurity  to  slave  property  by 
the  escape  of  this  class  of  persons  iiito  the  free  States  and 
their  recovery  impeded,  whereby  its  value  has  been  less 
ened,  is  the  result  of  misapprehension,  is  evident  not  only 
from  the  small  number  who  have  been  lost  to  their  owners, 
but  from  the  fact  that  up  tdtho  present  time  the  number  o? 
escapes  has  been  gradually  diminishing  to  such  an  extent 
that  the  whole  annual  loss  to  the  southern  States  from. this, 
cause  bears  less  proportion  tb  the  amount  of  capital  in 
volved  than  the  daily  variations  which  in  ordinary  time* 
occur  in  the  fluctuations  of  State  or  Government  securities 
in  the  city  of  New  York  alone.  «- . .  j- '  •> 

"  From  the  tables  annexed  it  appears  that  while  there 
escaped  frx>m  their  masters  1,011  slaves  in  1850,  or  1  in  each 
-3,lbo  held  in  bondage,  (being  about  one  thirtieth  of  one 
per  cent.)  during  the  census  year  ending  June!  18GO  out 
of  3,949.557  slaves,  there  escaped  only  803,  being  1  to  about 
5,000,  or  at  the  rate  of  one  fiftieth  of  one  per  cent. 

THE    NEW  ARTICLE  OF  WAR MARCH   13,   1862. 

Second  Session,   Thirty-Seventh   Congress. 
IN   HOUSE. 

ART.  102.  All  officers  or  persons  in  the  military  or  naval 
service  of  the  United  States  are  prohibited  from  emplovine 
any  of  the  forces  under  their  respective  commands  tor  the 
purpose  ot  returning  fugitives  from  service  or  labor  who 
may  have  escaped  from  any  persons  to  whom  such  service 
or  labor  is  claimed  to  be  due,  and  any  officer  who  shall  be 
found  guilty  by  a  court-martial  of  violating  this  article  shall 
be  dismissed  from  the  service. 

SEC.  2.  That  this  act  shall  take  effect  from  and  alter  it* 
passage. 


238 


REPEAL    OF   THE   FUGITIVE   SLAVE    LAWS, 


1862,  February  25 — The  article  passed  the 
House — yeas  95,  nays  51,  as  follows: 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
B.iker,  Baxter,  Beaman,  Bingham,  Francis  P.  Blair,  Samuel 
fi.  Blair,  Blake,  Buffinton,  Campbell,  Chamberlain,  Clark, 
€olfax,  Frederick  A.  Conkling,  Roscoe  Conkling,  Conway, 
Covode,  Cutler,  Davis,  Dawes,  Diven,  Duell,  Edgerton,  Ed 
wards,  Eliot,  Ely,  Fessendeu,  Franchot,  Frank,  Gooch,  Good 
win,  Granger,  Gurley,  Hale,  Hanchett,  Harrison,  Hickman, 
Uooper,  Hutching,  Julian,  Kelley,  Francis  W.  Kellogg, 
William  Kellogg,  Lanning,  Loomis,  Lovejoy,  McKnight, 
McPherson,  Mitchell,  Moorhead,  Anson  P.  Morrill,  Justin 
S.  Morrill,  Nixon,  Olin,  Patton,  Timothy  G.  Phelps,  Pike, 
Pomeroy,  Porter,  Potter,  Alexander  II.  Rice,  John  H.  llice, 
Riddle,  Edward  II.  Rollins,  Sargent,  Sedgwick,  Shanks, 
S'lfiTirld ,  Shellabarger,.Sherman,  Sloan,  Spaulding,  Stevens, 
Stratton,  Benjamin  F.Thomas,  Train, Trimble, Trowbridge, 
Van  Horn,  Van  Valkenburgh,  Van  Wyck,  Wall,  Wallace, 
Charles  W.  Walton,  E.  P.  Walton,  Washburne,  Wheeler, 
Albert  S.  White,  Wilson,  Windom,  Worcester— 95. 

NAYS — Messrs.  Ani-ona,  Joseph  Baity,  Biddle.,  Jacob  B. 
Blair,  Culvert,  Clements,  Cobb,  Corning,  Cox,  Cravens,  Cris- 
field,  Crittenden,  Dunlap,  English,  G  ruler,  Hall,  Harding, 
Holnian,  Johnson,  Knapp,  Law,  Lazcar,  Leary,  Lehman, 
Mallory,  May,  Mayriaru,  Menzies,  Morris,  Noell,  Norton, 
Nugen,  Pendle.ton,  Perry,  Price,  Robin. ion,  James  S.  Rollins, 
SI i If.!, Smith,  John  B.  Xtcde,  William  G.  Slctlf,  Francis  Thomas, 
VaUandijjliam,  Vibbard,  Voorliet*,  Ward,  Webster,  Wickliffe, 
Wood,  Woodruff,  Wright— 51. 

IN  SENATE. 

March  10 — The  article  was  considered. 

Mr.  DAVIS,  of  Kentucky,  moved  to  amend  by 
inserting  after  the  word  "  due"  th*  words  "  and 
also  from  detaining,  harboring,  or  concealing 
any  such  fugitives  ;"  which  was  disagreed  to — 
yeas  10,  nays  29,  as  follows  : 

YEAS — Messrs.  Bayard,  Carlile,  Davis,  Henderson,  La 
tham,  McDougall,  Powell,  Rice,  Saulsbury,  Wiis<m  of  Mis 
souri— 10. 

NAYS — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Cowan,  Dixon,  Doolittle,  Fcssenden,  Foot,  Foster, 
Grimes,  Hale,  Harlan,  Harris,  Howard,  Howe,  King,  Lane 
of  Indiana,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman, 
Sumner,  Ten  Eyck,  Truinbull,  Wade,  Wilson  of  Massachu 
setts,  Wright— 29. 

Mr.  SAULSBURY  moved  to  exempt  from  the 
operation  of  the  article,  Delaware,  Maryland, 
Missouri,  and  Kentucky,  and  elsewhere  where 
the  Federal  authority  is  recognized  or  can  be 
enforced  ;  which  was  lost — yeas  7,  (Bayard, 
Carl'de,  Latham,  McDougall,  Powell,  Saulsbury, 
WiLson  of  Missouri,)  nays  30. 

Mr.  SAULSBURY  moved  to  add  after  the  word 
41  due"  the  words  "  or  for  the  purpose  of  entic 
ing  or  decoying  any  person  held  to  service  or 
labor  from  the  service  of  their  loyal  masters  ," 
which  was  lost — yeas  10,  nays  29,  (same  as 
above.) 

The  article  then  passed — yeas  29,  nays  9. 
The  affirmative  vote  was  the  same  as  above, 
except  that  Mr.  Cowan  did  not  vote,  and  Mr. 
McDougall  voted  aye.  The  negative  vote  was: 

Messrs.  Bayard,  Curlile,  Davis,  Henderson,  Latham, 
Powell,  Rice,  Saulsbury,  Wilson  of  Missouri— 9. 

The  following  action  had  previously  been 
taken  in  the  House: 

First  Session,  Thirty-Seventh  Congress. 

18Gl,July9 — Mr.  LOVEJOY  offered  the  fol 
lowing  resolution :  * 

Resolved,  That,  in  the  judgment  of  this  House,  it  is  no 
part  of  the  duty  of  the  soldiers  of  the  United  States  to  cap 
ture  and  return  fugitive  slaves. 

Which   was  agreed  to — yeas  92,  nays  55,  as 

follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Goldsmith  F.  Bailey,  Baker,  Baxter,  Beamau,  Bingham, 


Francis  P.  Blair.  Samuel  S.  Blair,  Blake,  Bufflnton,  Camp 
bell,  Chamberlain,  Ambrose  W.  Clark,  Colfax,  Frederick  A. 
Conkling,  Roscoe  Conkling,  Conway,  Covode,  Cutler,  Davis, 
Dawes,  Delano,  Diven,  Duell,  Dunn,  Edgerton,  Edwards, 
Eliot,  Ely,  Fessenden,  Franchot,  Frank,  Gooch,  Gran 
ger,  Gurley,  Hale,  Hickman,  Hutchins.  Julian,  Kelley, 
Francis  W.  Kellogg,  Killinger,  Lansing,  Loomis,  Lovejoy, 
McKean,  McPherson,  Mitchell,  Moorhead, Amoo  P.  Morrill, 
Justin  S.  Morrill,  Olin,  Patton,  Pike,  Ponu-roy,  Porter.  Pot- 
ter,  Alexander  II.  Rice,  John  H.  Rice,  Riddle,  Edward  II. 
Rollins,  Sedgwick,  Shanks,  Shellabnrgcr,  Sherman,  Sloan, 
Spaulding,  Stevens,  Stratton,  Benjamin  F.  Thomas,  Tliaver. 
Train,  Trimble,  Trowbridge,  Vandever,  Van  Horn,  Van 
Valkenburgh,  Van  Wyck,  Verreo,  Wall,  Wallace,  Charles 
W.  Wralton,  E.  P.  Walton,  Washburne,  Wheeler,  Albert  S. 
White,  Windom,  Worcester— 9l>. 

NATS— Messrs.  Allen,  Ancona,  Joseph  Baily,  Burnett,  Col- 
vert,  Carlile,  Cobb,  Cooper,  Cox,  Cravens,  Crisfidd,  Cr  it  tew  ten, 
Dunlap,  English,  Fcuton,  Fisher,  Fouke,  'Grider,  Ha:>,ht, 
Harding,  Holtnan,  Horton,  Jackson,  Jolinson,  William  Kel 
logg,  Law,  Lazcar,  Logan,  JUcClemand,  MaUory,  Menzies, 
Morris,  Nixon,  Noble,  Noell.  Nugen,  George  H.  Pandhton, 
Richardson,  Robinson,  Shqffleld,  Smith,  Jo,tn  B.  Steele,  }Vm. 
G.  Steele,  Francis  Thomas,  Upton,  Vattandigham,  Wi:ds- 
worth,  Ward,  Webster,  Whaicy,  Chilian  A.  White  Wield  if/'e 
Wood,  Woodruff,  Wright~Z>S>. 

Dec.  20 — Mr.  SHANKS  offered  this  resolution, 
which  was  referred,  Dec.  23,  to  the  Committee 
on  the  Judiciary : 

Resolved,  That  the  constitutional  power  to  return  fugi 
tive  slaves  to  their  masters  rests  solely  with  the  civil  de 
partments  of  the  Government;  and  that  the  order  of  the 
Secretary  of  War,  under  date  of  December  6, 1861,  to  Gen 
eral  Wool,  for  the  delivery  of  a  slave  to  Mr.  Jes.sup,  of 
Maryland,  as  well  as  all  other  military  orders  for  the  return 
of  slaves,  are  assumptions  of  the  military  power  over  the 
civil  law  and  the  rights  of  the  slave. 

Second  Session.  Thirty-Seventh  Congress. 
1861,   December   23 — Mr.  WILSON,   of  Iowa, 
offered  this  resolution  : 

Resolved,  That  the  Committee  on  Military  Affairs  be  in 
structed  to  report  to  this  House  a  bill  for  the  enactment  of 
an  additional  article  of  war  for  the  government  of  the  army, 
whereby  the  officers  in  the  military  service  of  the  United 
States  shall  be  prohibited  from  using  any  portion  of  the 
forces  under  their  respective  commands  for  the  purpose  of 
returning  fugitives  from  service  or  labor;  and  providing  for 
the  punishment  of  such  officers  as  may  violate  said  article 
by  dismissal  from  the  service. 

Which  Mr.  NOELL  moved  to  lay  on  the  table; 
lost — yeas  83,  nays  70.  The  YEAS  were  : 

YEAS  —  Messrs.  Joseph  Baily,  Biddle,  Jacob  B.  Blair. 
George  H.  Browne,  Calvert,  Cobb,  Cravens,  Dunlap,  Dunn, 
Fouke,  Grider,  Haight,  Harding,  Knapp,  Law,  Leary, 
Logan,  Mavnard,  Menzies,  Noble.  NorU.  Norton,  Xn</>>t, 
Odell,  Perry,  Robinson,  S/iiel,  Smith,  John  B.  Stede,  Francu 
Thomas,  Upton,  Vallandigham,  Webster — 33. 

The  resolution  was  then  adopted. 

ON  EMPLOYMENT  OF    SLAVES  IN  DOCK-YARDS,  ETC. 

Second  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

,  1862,  June  14— Mr.  WILSON,  of  Massachu 
setts,  offered  this  additional  section  to  the 
naval  appropriation  bill : 

That  persons  held  to  service  or  labor,  commonly  called 
slaves,  shall  not  be  employed  in  any  capacity  whatever  in 
any  navy-yard,  dock-yard,  arsenal,  magazine,  fort,  or  in  the 
Naval  Academy. 

Which  was  agreed  to  in  Committee  of  the 
Whole. 

June  16 — It  was  rejected  in  open  Senate — 
yeas  17,  nays  18,  as  follows: 

YEAS — Messrs.  Clark,  Collumcr,  Dixon,  Foot,  Grimes, 
Hale,  Harlan,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Mor- 
rill,  Pomeroy,  Sunnier,  Truinbull,  Wiliuot,  Wilson  of  Mas 
sachusetts,  Wright — 17. 

NAYS — Messrs.  Anthony,  Browning,  Chandler,  Davis, 
Doolittle,  Fessenden,  Foster,  Henderson,  Howard,  Howe, 
Latham,  McDom/aJL  I'mvdl,  Saulsbury,  Stark,  Teu  Eyck, 
Willey,  Wilson  of  Missouri— 18. 


AND    KINDRED    SUBJECTS. 


RECOGNITION    OF    HAYTI    AND    LIBERIA. 

Second  Session,  Thirty-Seventh  Congress. 

The  bill  to  authorize  the  President  to  appoin 
diplomatic  representatives  to  the  republics  o 
Hayti  and  Liberia,  respectively,  each  represent 
ative  to  be  accredited  as  commissioner  and  con 
sul  general,  and  to  receive  the  pay  of  commis 
eioners,  that  at  Liberia  not  to  exceed  $4,001 
per  annum — 

1862.  April  24 — passed  the  Senate — yeas  32 
nays  7,  as  follows  : 

YEAS— Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col 
lamer,  Covvun,  Dixon,  Uoolittle,  Fessenden,  Foot,  Foster 
Grimes,  Hale,  Henderson,  Howard,  Howe,  King,  Lane  o 
Indiana,  Lane  of  Kans.is,  Latham,  McDougail,  Merrill 
Pomeroy,  Sherman,  Simmons,  Sunnier,  Ten  Eyck,  Trum 
bull,  Wade,  Wilkinson,  Wilson  of  Massachusetts,  Wrigh 

NAYS— Messrs.  Bayard,  Carlile,  Davis,  Powell,  Saulsbury 
Stark,  Thomson — 7. 

Previously,  an  amendment  like  that  offeree 
in  the  House  by  Mr.  Cox  was  lost — yeas  8 
nays  30. 

June  3 — It  was  taken  up  in  the  House. 

Mr.  Cox.  of  Ohio,  offered  ao  amendment  pro 
viding  for  the  appointment  of  a  consul  general 
to  each,  with  authority  to  negotiate  any  treaties 
of  commerce  between  Hayti  and  Liberia  and 
this  country,  and  with  the  compensation  of  con 
suls  general;  which  was  lost — yeas  40,  nays 

The  bill  then  passed — yeas  86,  nays  37,  as 
follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Ashley,  Babbitt,  Baker 
Baxter,  Beaman,  Bingham,  Francis  P.  Blair,  Blake,  Buffin- 
ton,  Casey,  Chamberlain,  Clark,  Clements,  Colfax,  Frederick 

A.  Conkling,  Roscoe  Conkliug,  Covode,  Davis,  Dawes   De 
lano,  Duell,  Dunn,  Edgerton,  Ely,  Fessenden,  Fisher  Frank 
Gooch.  Goodwin,  Granger,  Gurley,  Hale,  llickman,  Hooper' 
ilorton.  Hatching,  Julian,  Kelley,  William  Kelloea-.  Lan 
sing,  Lehman,  Loomis,  Lovejoy,  Low,  McKnfglu,  McPher- 
fion,  Maynard,  Mitchell,  Moorhead,  Anson  P.  Morrill  Justin 
S.  Morrill,  Nixon,  Timothy  G.  Phelps,  Pike,  Pomeroy,  Por 
ter,  Alexander  II.  Rice,  John  II.  Rice,  Riddle,  Edward  H 
Rollins  Sargent,  Bedgwlck,  Shanks,   Sheffield,  Shellabarger, 
Sloan,  Spauldmg,  Stevens,  Stratton,  Benjamin  F.  Thomas 
1'rancis  Thomas,  Train,  Trimble,  Trowbrido-e  Van  Horn' 
Van  Viilkenbtirgh,   Verree,  Wallace,  Walton,  Washburne' 
Albert  S.  White,  Wilson,  Windom,  Worcester— S6 

NAY.S— Messrs.  W.  J.  Allen,  Anemia,  Bally,  Biddl*  Jacob 

B.  Blair,   George  H.  Browne,  Calvert,   Cobb,  Comma    Cox 
MluaP'  (il'i(hb  Uardi"V'  Holm.m,  Kn<,pp,  Law,  Lazear, 
JUullory  May,  Menzies,  Noell,  Norton,  Nugen,  John  S.  Phelm 
I  mr,  Segar,  Smith,  Jotot  B.  Steele,  William  G.  Steele,  Stiles, 
w     // <  '  l-oorftef's>   Wadsworth,   Ward,  Webster,  Wickliffe, 
rVrifffit — o< .  •"  ' 


ROBERT  SMALL. 

Second  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

May  19 — Mr.  GRIMES  brought  in  a  bill  for 
the  relief  of  Robert,  Small,  which  passed  with 
out  a  division. 

It  authorizes  the  Secretary  of  the  Navy  to  cause  the  steam 
transport  boat  Planter,  recently  in  the  rebel  service  in  the 
harbor  ot  Charleston,  and  all  the  arms,  munitions    tackle 
and  other  property  on  board  of  her  at  the  time  of  her  de 
livery  to  the  Federal  authorities,  to  bo  appraised  by  a  board 
ot  competent  officers,  and,  when  the  value  shall  be  thus  as- 
ied,  to  cause  an  equitable  apportionment  of  one  half 
lu-li  value,  so  ascertained,  to  be  made  between  Robert 
Small  and  his  associates  who  assisted  in  rescuing  her  from 
icmies  ot    the  Government.    The  Secretary  of  the 
I?  L  T*         ie  (.lecmsit  expedient,  cause  the  sum  of  money 
allotted  to  each  individual  under  this  bill  to  be  invested  in 
iit.-d  States  securities  for  his  benefit,  the  interest  to  be 

ISlJ      , ""',  '£  t?-his  h('ir8  Annually  until  such  time  as  the 
Secretary  of  the  N       n      (leenj  Jt       edient  to 

01  his  heirs  the  principal  suui. 


I  IN  HOUSE. 

May  26 — It  passed — yeas  121,  nays  9.— 
(Messrs.  Calvert,  Dunlap,  Harding,  Johnson, 
Kerrigan,  Norton,  Shiel,  Vallandigham,  Voor- 
hees.) 

TO  RBMOVE  DISQUALIFICATION  OF  COLOR    IN    CAR 
RYING  THE  MAILS. 

Second  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

1862,  April  11— The  Senate  considered  a  bill 
"to  remove  all  disqualification  of  color  in 
carrying  the  mails  of  the  United  States."  It 
directed  that  after  the  passage  of  the  act  uo 
person,  by  reason  of  color,  shall  be  disqualified 
from  employment  in  carrying  the  mails,  and 
all  acts  and  parts  of  acts  establishing  such  dis 
qualification,  including  especially  the  seventh 
section  of  the  act  of  March  3,  1825,*  are  hereby 
repealed. 

The  vote  in  the  Senate  was,  yeas  24,  nays  11, 
as  follows  : 

YEAS— Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Hale,  Howard,  Howe,  King,  Lane  of  Kansas,  Morrill,  Pome 
roy,  Sherman,  Simmons,  Sumner,  Wade,  Wilkinson,  and 
Wilson  of  Massachusetts — 24. 

NATS — Messrs.  Davis,  Heuderson,  Kennedy,  Lane  of  In 
diana,  Latham,  Nesmith,  Powell,  Stark,  Willey.  Wilson  of 
Missouri,  Wright— 11. 


*  The  section  referred  to  is  in  these  words: 

That  no  other  than  a  free  white  person  shall  be  employed 
n  conveying  the  mail,  and  any  contractor  who  shall  em 
ploy  or  permit  any  other  than  a  free  white  person  to  con 
vey  the  mail  shall,  for  every  such  offence,  incur  a  penalty 
of  twenty  dollars. 

The  act  of  1825  passed  the  Senate  March  1,  and  the  House 
March  2,  without  a  division.  The  suggestion  of  this  meas 
ure  appea.-s  to  have  been  first  made  in  1802  by  Gideon 
Granger,  Postmaster  General  under  President  Jefferson, 
n  the  following  letter : 

GETTER  AL  POST  OFFICE,  March  23, 1802. 

SIR:  An  objection  exists  against  employing  negroes,  or 
people  of  color,  in  transporting  the  public  mails,  of  a  na 
ture  too  delicate  to  ingraft  into  a  report  which  may  become 
public,  yet  too  important  to  bo  omitted  or  passed  overwith- 
nit  full  consideration.  I  therefore  take  the  liberty  of  mak- 
ng  to  the  committee,  through  you,  a  private  representa- 
:ion  on  that  subject.  After  the  scenes  which  St.  Domingo 
ms  exhibited  to  the  world,  we  cannot  be  too  cautious  in  at- 
;emptiug  to  prevent  similar  evils  in  the  four  southern  States 
ivhere  there  are,  particularly  in  the  eastern  and  old  settled 
xirts  of  them,  so  great  a  proportion  of  blacks  as  to  hazard 
lie  tranquillity  and  happiness  of  the  free  citizens.  Indec-d 
n  Virginia  and  South  Carolina  (as  I  have  been  informed) 
plans  and  conspiracies  have  already  been  concerted  by 
;hem,  more  than  once,  to  rise  in  arms,  and  subjugate  their 
nasters. 

Everything  which  tends  to  increase  their  knowledge  of 
latural  rights,  of  men  and  things,  or  that  affords  them  an 
•pportunity  of  associating,  acquiring,  and  communicating ' 
ientiments,  and  of  establishing  a  chain  or  line  of  intelli 
gence,  must  increase  your  hazard,  because  it  increases  their 
neans  of  effecting  their  object. 

The  most  active  and  intelligent  are  employed  as  post- 
riders.  These  arc  the  most  ready  to  learn,  and  the  most 
able  to  execute.  By  traveling  from  day  to  day.  and  hourly 
mixing  with  people,  they  must,  they  Will  acquire  inibrma- 
1011.  They  will  learn  that  a  man's  rights  do  not  depend  on 
\is  color.  Tfi'-y  will,  in  time,  become  teachers  to  their  breth- 
en.  They  become  acquainted  with  each  other  on  the  line 
V  henever  the  body,  or  a  portion  of  them,  wish  to  act,  they 
re  an  organized  corps,  circulating  our  intelligence  openly 
heir  own  privately. 

Their  traveling  "creates  no  suspicion,  excites  no  alarm 
)ne  able  man  among  them,  perceiving  the  value  of  this  ma- 
hme,  might  lay  a  plan  which  would  be  communicated  by 
our  post-riders  from  town  to  town,  and  produce  a  ^ enenil 
ml  united  operation  against  you.  It  is  easier  to  prevent 
he  evil  than  to  cure  it.  The  hazard  may  be  small  and  th* 
rospect  remote,  but  it  does  not  follow  that  at  some  dav  the 
vent  would  not  be  certain. 

With  respect  and  esteem,  GIDEON  GRANGER 

Hon.  JAMES  JACKSON,  Senator  from  Georgia. 


240 


REPEAL   OF   THE    FUGITIVE    SLAVE   LAWS, 


IN  HOUSE. 

May  21—  It  was  considered  in  the  House  and 
laid  on  the  table  —  yeas  82,  nays  45,  as  follows: 

YEAS—  Messrs.  Allen,  Ancona,  Babbitt,  Baily,  Biddle,  Fran 
cis  I*.  Blair,  Jacob  B.Blair,  William  G.  Brown,  Cahcrt,Cusey, 
Clements,  Colfax,  Roscoe  Conkliug,  Corning,  Co.r,  Cravens, 
Crisficlil,  Crittende.ii,  Diven,  Dunlap,  Dunn,  Ely,  English, 
Fraiichot,  Granger,  Grider,  Haight,  Halo,  Hall,  Hanchett, 
Harding,  Harrison,  Holmun,  Horton,  Johnson,  Kolloy,  Wil 
liam  Kellogg,  Kerrigan,  Killinger,  Law,  Lazear,  Leary, 
Le.Ii.ncni,  McKnlght,  McPherson,.  MaUary.  Maynard,  Men- 
ifjen,  Ode.ll,  Patton,  PtndUton,  Perry, 
Richard- 


, 

lmS-Pnelps  Timothy  (1.  Phelps,  Porter,  Vri<~e.,  Richard- 
n  Rubinson,  Sargent,  <SRid,Sii*0,  William  G.  Ste.ele,  Strat- 
n,  Francis  Thomas,  Trowbridge,  Van  Valkenburgh,  Verree, 


!  in  the  description  of  those  authorized  to  vote. 

Mr.  HOLMAN  moved  that  the  report  be  tabled  ; 
which  was  lost  by  the  casting  vote  of  the 
Speaker — yeas  66,  nays  66. 

Upon  agreeing  to  the  report  the  yeas  were 
54,  nays  85,  as  follows : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Boyd,  Ambrose 
W.  Clark,  Cole,  Dawes,  Drigjis,  Dumont,  Eckley,  Farns- 
worth,  Frank,  Garfield,  Gooch,  Higby,  Hooper,  Hotchkiss, 
John  II.  Hubbard,  Jcnckes,  Julian,  Kolley,  Orlando  Kel 
logg,  Loan.  Lorigycar,  Marvin,  McClurg,  Mcln«loc,  Morrill, 
Daniel  Morris,  Amofl  Myers.  Leonard  Myero.  Charles  O'Neill, 
Patterson,  Perham,  Pike,  Price,  Alexander  H.  Rice,  John 
II.  Rice,  Edward  H.  Rollins,  Shannon.  Sloan,  Stevens.  Up- 
Bon,  Van  Valkenborgh,  William  B.  Waahburu,  Williams, 
Windom,  Woodbridge — 54. 

NAYS— Messrs.  James  ('.  All'-n.    William  J.  Alhn,  Baily, 


zies.  •% 

./'//. ,/ 

son, 

ton,  Francis  Thomas,  Trowhridgt , 

ViMinnL     Voorhees,    Wadsworlh,    Wall,    \\.trd,     \\ebster, 

Whaley,  Albert  S.  White,  ChiltonA.  White,Wicldiffe,  Wood.- 

ruff,  Worcester — 82. 

X A YS— .Messrs.  Aldrich,  Alley,  Beaman.  Bingham,  Samuel  Augustus  C.  Baldwin,  Francis  P.  Blair,  BU?s,  Brooks,  Jamet 
S.  Blair,  Blake,  Buffinton.  Chamberlain,  Frederick  A.  Conk-  &  Bmtvn,  Chanler,  Clay,  Cuffroth,  Cox,  Cravens.  Creswell, 
lin°-.  Cutler,  Davis,  Dawes,  Delano,  Duell,  Edgerton,  Ed- |  ncnrv  Winter  Davis,  Dawsim,  Deming, />enwo»,  Eakr,,  EJi- 
wards,  Eliot,  Fenton,  Fessendeu,  Frank,  Gooch,  Goodwin,  j  ridge',  Finck,  Gunson,  Grider.  Hall,  Harding.  £Jari/-r*tn  <*• 
Hooper,  Hutchins,  Julian,  Landing.  Loomis,  Pike,  Porncroy,  I  Harris,  Herrick.  Holman,  Asahel  W.  JV-y&ard,  Ittdddus, 
Potter  Alexander  II.  Rice,  Riddle.  Edward  II.  Rollins.  William  Johnson.  Kal'ilUisch,  KikSSv.i,  Francis  W.  Kdloirg, 
Sed"wick  SlitiTidd.  Sloan,  Spaulding,  Benjamin  F.  Thomas,  - 
Train,  Van  Horn,  Wallace,  Charles  Wr.  Walton,  E.  P.  Walton, 
Wilson,  Windom — io. 


First  Session,  Thirty-Eighth  Congress. 

1864.  February  26--  The  Senate  considered 
the  bill  —  the  question  being  on  agreeing  to  a 
new  section  proposed  by  the  Committee  on  Post 
Offices  and  Post  Roads  —  as  follows  : 

SEC.  2.  That  in  the  courts  of  the  United  States  there  shall 
be  no  exclusion  of  any  witness  on  account  of  color. 

Mr.  POWELL  moved  to  amend  by  inserting 
after  the  word  "States"  the  Avords  :  "in  all 
cases  for  robbing  or  violating  the  mails  of  the 
United  States." 

No  further  progress  was  made  on  the  bill. 

NEGRO    SUFFRAGE    IN    MONTANA    TERRITORY. 

1864,  March  18  —  The  House  passed,  without 
a  division,  a  bill  in  the  usual  form,  to  provide 
a  temporary  government  for  the  Territory  of 
Montana. 

March  31  —  The  Senate  considered  it,  when 
Mr.  WILKINSON  moved  to  strike  from  the  second 
line  of  the  fifth  section,  (defining  the  qualifica 
tions  of  voters,)  the  words  "white  male  in 
habitant-"  and  insert  the  words  :  "  male  citizen 
of  the  United  States,  and  those  who  have  de 
clared  their  intention  to  become  such  ;"  which 
was  agreed  to  —  yeas  22,  nays  17,  as  follows  : 

YEAS—  Messrs.  Brown,  Chandler,  Clark,  Col  lamer,  Con- 
ness  Dixon,  Fessenden,  Fo'ot,  Foster,  Grimes,  Hale,  Harlan, 
Harris,  Howard,  Howe,  Morgan,  Morrill,  Pomeroy,  Stunner, 
Wade,  Wilkinson,  Wilson—  'J2. 

NAYS—  Messrs,  Biicka'fw,  Carlilr,Covrnn,Davi*,  Harding, 
Henderson,  Johnson,  Lane  of  Indiana,  Netmith,  PtnoeU, 
Riddle,  Kai'hbury,  Sherman,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Willey—  17. 

The  bill  was  then  passed  —  yeas  29,  nays  8, 
(Messrs.  Buckaleiv,  /^tfft'.v,  Johnson.  Powell,  Rid 
dle,  Sauisbury,  Van  Winkle,  Willey.) 

April  15  —  The  Senate  adopted  the  report  of 
the  Committee  of  Conference  on  the  Montana 
bill,  which  recommended  the  Senate  to  recede 
from  their  second  amendment,  and  the  House 
to  agree  to  the  first  and  third  amendments  of  the 


Seriate, 

April  15  —  Mr. 


the  above.) 

EAMAN  presented  the  report 


Kernan.  Knapp,  Law,  Laiear,  L'mq,  Mnllory,  Marcy,  Mc- 
Bride,  McDowell,  McXinney.  William  H.  Miller,  Janv-s  R. 
Morris,  Moi-riw,  cfcixrm,  Nohle,  Odell,  Orth,  Pttndl  /--/'. 
Pomeroy,  Pf.^n,  Radford,  &iinue.l  J.  Randall,  William  II. 
Randall,  K6binson.RomTStJa.metS.  Roll  ins.  Ross,  Schenck, 
S.-ott,  Smith,  Smithers,  Siskins,  John  Ji.  Stede.  William  G 
Stcelc,  Mrouse,  Mttart,  Sweat,  Thayer,  Thomas,  Tracy,  Vo->r- 
hies,  Ellihu  B.  Washburue,  Webster,  Whaley,  Whedrr,  C'.til- 
tmiA.  W  I  die, -Joseph  W.  Wldte,  Wilson,  Winfield,  Fernando 
Wood,  Teaman — So. 

On  a  motion  to  adhere  to  its  amendments, 
and  ask  another  Committee  of  Conference,  Mr. 
WKBSTFR  moved  instructions  : 

And  that  said  committee  be  instructed  to  agree  to  no 
report  that  authorizes  any  other  than  free  white  male  citi 
zens,  and  those  who  have  declared  their  intention  to  be 
come  such,  to  Vote. 

Which  was  agreed  to — yeas  75,  nays  67.  as 
follows  : 

YEAS— Messrs.  James  C.  Allen,  Win.  J.  Allen.  Baily,  Au 
gustus  C.  Baldwin,  Francis  P.  Blair,  Bliss,  Brorjks,  James 
S.  Brown,  Wm.  G.  Brown,  Chanler,  Clay,  Cnffroth,  Out, 
Cravens,  Creswell,  Henry  Winter  Davis,  Dawsim,  Denison, 
Eden,  Eldridae,  Finck,  Ganson,  Grider,  Hall,  Harding, 
Benjamin  G.  Harris,  Herri ck,  Ho' man,  Hidddns,  WilliouA 
Johnson,  Kalbjleiscli.  Kernan,  Knapp,  Luio,  Lazear,  Lona, 
Mallaru,  Marcy,  McBride,  McDowell.  McKinney,  Wm.  H. 
Miller',  James  'R.  Morris,  Morrison,  Xelsim,  Noblf,  OdrU. 
Pendleton,  Radford,  Samuel  J.  Randall,  Wm.  II.  Randall 
Ro'n'nson,  Bogcrt,  James  S.  Rollins.  Ross,  Scott,  Smith. 
Smithers,  Stebbins,  John  B.  Steele,  Wm.  G.  Steelc.  Strouse, 
Ntn-irt  flu-eat.  Thomas,  Tracy,  Vwrhees.  Webster,  Whaley, 
Wheeler,  ChiltonA.  Wldte,  Joseph  W.  White,  Winfield,  Fer 
nando  Wooil,  Yenman — 75. 

If  vrs Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 

John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Bontwell,  Boyd, 
Broomall,  Ambrose  W.  Clark,  Cobb,  Cole,  Dawes,  Demi  tig, 

iggs,  Dumont,  Farnsworth,  Frank,  Gooch,  Grinnell.  Hig- 


of  the  Committee  of  Conference  on  the  Montana 
bill,  a  feature  of  which  was  that  the  House 
should  recede  from  its  disagreement  to  the  Sen- 
ale  amendment  striking  out  the  word  "  white" 


1)V,  Hooper,  Hotchkiss,  Asahel  W.  llubbard,  John  II.  Hub- 
Jiiird,  Jenckes,  Julian,  Kolley,  Francis  W.  Kellogg,  Orlando 
Kellogg,  Loan,  Longyear.  Marvin,  McClurg,  Mcln-loe 
Samuel  F.  Miller,  Morrill,  Daniel  Morris,  Leonard  M.vor* 
Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham,  Pike, 
Pomeroy,  Price,  Alexander  II.  Rice,  John  II.  Rice,  Edward 
H  Roliins,  Sclienck,  Shannon,  Sloan.  Stevens.  Thayer. 
Upson  Van  Valkenburgh,  Ellihu  B.  Washburne,  William 
B.Waahburn,  Williams,  Wilder,  Wilson,  Windom,  Wood- 
bridge— 67. 

April  15 — The  Senate  declined  the  conference 
upon  the  terms  proposed  by  the  House  resolu 
tion  of  that  day. 

April  18 — The  House  proposed  a  further  free 
conference,  to  which,  April  25,  the  Senate 
acceded. 

May  17 — In  Senate,  Mr.  MORRILL  submitted  a 
report  from  the  Conference  Committee  who  re 
commend  that  qualified  voters  shall  be  : 

All  citizens  of  the  United  States,  and  those  who  lmv» 
declared  their  intention  to  become  such,  and  who  are  other 
wise  described  and  qualified  under  the  fifth  section  of  th» 


AND    KINDRED    SUBJECTS. 


241 


act  of  Congress  providing  for  a  temporary  government  for 
the  Territory  of  Idaho  approved  March  3,  1863.* 

The  report  was  concurred  in — yeas  26,  nays 
13,  as  follows : 

YEA^  --  Messrs.  Buckalew,  Carlile,  Collamer ,  Cowan,  Davis. 
Doolittle,  Foot,  Foster.  Harding,  Harris,  Henderson,  Hen 
dricks,  Howard,  Johnson, Lane  01  Indiana,  Morrill,  Nesmith, 
Powell,  Ramsey,  Saulsbury,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Wade,  Wilkinson,  Willey— 26. 

NAYS— Messrs.  Anthony,  Chandler,  Clark,  Dixon, Grimes, 
Halo.  Harlan,  Lane  of  Kausas,  Morgan,  Pomeroy,  Sprague, 
Sumner,  Wilson— 13. 

May  20 — The  above  report  was  made  by  Mr. 
WKRSTER  in  the  House,  and  agreed  to — yeas  102, 
nays  26,  as  follows  : 

YEAS— Messrs.  James  C.  Allen,  Baily,  Beaman,  Elaine, 
Jacob  B.  Blair,  Bliss,  Brooks,  William  G.  Brown,  Chan- 
ler,  Cqffroth,  Cox,  Cravens,  Creswell,  Thomas  T.  Davis, 
Dawson,  Donnelly,  Driggs,  Eden,  Edgerton,  Eldridge, 
Farnsworth,  Finck,  Gridcr,  Hale,  Hall,  Harding,  Har- 
ringlim,  Chorhn  M.  I  Jan  is,  I&rrick.  Hoi  man.  Hooper.  Hotch- 
kiss,  Aahahel  W.  Hubbard.  Hutching  Ingersoll,  Wm.  John 
son,  KalbJteuch,KM8On,  Francis  W.  Kellogg,  Kernan,  King, 
Law,  Lazear,  Long,  Longyear,  Mallory,  Marcy,  McAllister, 
MoBruie.  McDowell,  Mclncloe,  McKinney,  Samuel  F.  Mil 
ler,  James  R.  Morris,  Morrison,  Amos  Myers,  Nelson,  Noble, 
Norton,  Charles  O'Neill,  John  0'Ne.iU,  Orth,  Ptndleton,  Per- 
ham,  Pike,  Pomeroy,  Pruyn,  Radford,  S.  J.  Randall,  Wm. 
H.  Kand.;ll.  Alexander  11.  Rice,  John  H.  Rice,  Robinson, 
Jaiues  S.  Rollins,  Ross,  Scofiold, Scott,  Shannon,  Sloan,  Smith, 
Sin  i  there,  John  B.  Stccle,  Wm.  G.  Stedc,  Stiles,  Strous.e, 
Stuart,  Sweat,  Thayer.  Tracy,  Upson,  Van  Valkenburgh, 
Voorltces,  Ellihu  B.  Washburne,  William  B.  Washburn, 
Webster,  Whaley.  Wheeler,  Wilson,  Windoin,  Fernando 
Wood,  Woodbridge,  Yeamaii — 102. 

NAYS — Messrs.  Alley,  Allison,  Ames,  John  D.  Baldwin, 
Boutwell,  Ambrose  W.  Clark,  Cobb,  Cole,  Dawes,  Dixon, 
Eliot,  Gooch.  Grinnell,  Higby,  John  H.  Hubbard,  Julian, 
Kelley.  Orlando  Kellogg,  Loan,  Moorhead,  Morrill,  Price, 
Edward  H.  Rollins,  Spalding,  Stevens,  Wilder— 26. 

IN    WASHINGTON    CITY.-j- 

1864,  May  6 — The  Senate  considered  the  bill 
for  the  registration  of  voters  in  the  city  of 
Washington,  when 

Mr.  <  'OWAN  moved  to  insert  the  word  "  white" 
in  the  first  section,  so  as  to  confine  the  right  of 
voting  to  white  male  citizens. 

May  12 — Mr.  MORRILL  moved  to  amend  the 
amendment  by  striking  out  the  words — 

And  shall  have  paid  all  school  taxes  and  all  taxes  on 
personal  property  properly  assessed  against  him,  shall  be 
entitled  to  vote  for  mayor,  collector,  register,  members  of 
the  board  of  aldermen  and  board  of  common  council,  and 
jissossor,  and  for  every  officer  authorized  to  be  elected  at 
any  election  under  any  act  or  acts  to  which  this  is  amend 
atory  or  supplementary. 

*  This  section  is  as  follows : 

SEC.  5.  And  be  it  further  enacted,  That  every  free  white 
male  inhabitant  above  the  age  of  twenty-one  years,  who 
shall  have  been  an  actual  resident  of  said  Territory  at  the 
time  of  the  passage  of  this  act,  shall  bo  entitled  to  vote  at 
the  first  election,  and  shall  be  eligible  to  any  office  within 
tin-  said  Territory  :  but  the  qualifications  of  voters,  and  of 
holding  office,  at  all  subsequent  elections,  shall  be  such  as 
Kbstll  be  prescribed  by  the  Legislative  Assembly. 

f  In  1860  a  vote  was  had  in  the  State  of  New  York  on  a 
proposition  to  permit  iwgro  suffrage  without  a  property 
qualification.  The  result  in  the  city  was — yeas  1,640,  nays 
37.471.  In  the  State— yeas  197.503,  nays  337,984.  In  1864 
*  like  proposition  was  defeated— yeus  85,400,  nays  224,330. 

In  18C2,  in  August,  a  vote  was  had  in  the  State  of  Illinois, 
on  several  propositions  relating  to  negroes  and  mulattoes, 
with  this  result: 

For  excluding  them  from  the  State 171,893 

Against 71,306 


Against  granting  them  suffrage  or  right  to 

office 211,920 

For 35,649 

For  the  enactment  of  laws  to  prohibit  them 

from  going  to,  or  voting  in,  the  State 198,938 

Against 44,414 

16 


100,587 


176,271 


154,524 


and  inserting  the  words  — 

And  shall  within  the  year  next  preceding  the  election 
have  paid  a  tax,  or  been  assessed  with  a  part  of  the  revenne 
of  the  District,  county,  or  cities  therein,  or  been  exempt 
from  taxation  having  taxable  estate,  and  who  can  read  and 
write  with  facility,  shall  enjoy  the  privileges  of  an  elector. 

May  26 — Mr.  SUMNER  moved  to  amend  the 
bill  by  adding  this  proviso: 

Provided,  That  there  shall  be  no  exclusion  of  any  person 
from  the  registry  on  account  of  color. 

May  27 — Mr.  HARLAN  moved  to  amend  the 
amendment  by  making  the  word  "  person,"  read 
"persons,"  and  adding  the  words — 

Who  have  borne  arms  in  the  military  service  of  the 
United  States,  and  have  been  honorably  discharged  there 
from. 

Which  was  agreed  to — yeas  26,  nays  12,  as 
follows  : 

YEAS  —  Messrs.  Anthony,  Chandler,  Clark,  Collamer 
Conness,  Dixon,  Fessendeu,  Foot,  Foster,  Grimes,  Hale, 
Harlan,  Harris,  Johnson,  Lane  of  Indiana,  Lane  of  Kansas> 
Morgan,  Morrill,  Pomeroy,  Ramsey,  Sherman,  Ten  Eyck, 
Trumbull,  Wade,  Willey,  Wilson— 26. 

NAYS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Ilen- 
dricks,  McDougall,  Powell,  Ric,hardson,  Saulsbury,  Sumner, 
Van  Winkle,  Wilkinson— 12. 

May  28 — -Mr.  SUMNER  moved  to  add  these 
words  to  the  last  proviso  : 

And  provided  further,  That  all  persons,  without  distinc 
tion  of  color,  who  shall,  within  the  year  next  preceding 
the  election,  have  paid  a  tax  on  any  estate,  or  been  as 
sessed  with  a  part  of  the  revenue  of  said  District,  or  been 
exempt  from  taxation  having  taxable  estate,  and  who  can 
read  and  write  with  facility,  shall  enjoy  the  privilege  of  an 
elector.  But  no  person  now  entitled  to  vote  in  the  said 
District,  continuing  to  reside  therein,  shall  be  disfranchised 
hereby. 

Which  was  rejected — yeas  8,  nays  27,  as  fol 
lows  : 

YEAS — Messrs.  Anthony,  Clark,  Lane  of  Kansas,  Morgan, 
Pomeroy,  Ramsey,  Suiuuer,  Wilkinson — 8. 

NAYS — Messrs.  Buckalew t  Carlile,  Collamer,  Cowan,  Davis, 
Dixon,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  Har 
ris,  Hendricks,  Hicks,  Johnson,  Lane  of  Indiana,  McDougall, 
Morrill,  Powell,  SauUbury,  Sherman,  Ten  Eyck,  Trumbull, 
Van  Winkle,  Willey,  Wilson— 27. 

The  other  proposition  of  Mr.  SUMNER,  amend 
ed  on  motion  of  Mr.  HARLAN,  was  then  rejected 
— yeas  18,  nays  20,  as  follows  : 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Dixon,  Foot, 
Foster,  Hale,  Harlan,  Howard,  Howe,  Lane  of  Kansas,  Mor 
gan,  Pomeroy,  Ramsey,  Sherman,  Sumner,  Wilkinson,  Wil 
son— 18. 

NAYS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Grimes, 
Harris,  Hendricks,  Hicks,  Johnson,  Lane  of  Indiana,  Mc 
Dougall,  Morrill,  Nesmith,  Powell,  Richardson,  Saulsbury, 
Ten  Eyck,  Trumbull,  Van  Winkle,  Willey— 20. 

The  bill  then  passed  the  Senate,  and  after 
ward  the  House,  without  amendment. 


EXCLUDING  COLORED  PERSONS  FROM  CARS. 

Third  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

1863,  February  27 — Pending  a  supplement  to 
the  charter  of  the  Washington  and  Alexandria 
Railroad  Company, 

Mr.  SUMNER  offered  this  proviso  to  the  first 
section : 

That  no  person  shall  be  excluded  from  the  cars  on  account 
of  color. 

Which  was  agreed  to — yeas  19,  nays  18,  as 
follows  : 

YEAS— Messrs.  Arnold,  Chandler,  Clark,  Fessenden,  root, 
Grimes,  Harris,  Howard,  King,  Lane  of  Kansas,  Morrill, 
Pomeroy,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
Wilmot,  Wilson  of  Massachusetts — 19. 

KAYS — Messrs.  Anthony,  Bayard,  Carlile.  Cowan,  Davit, 


242 


REPEAL   OP   THE   FUGITIVE   SLAVE   LAWS, 


Henderson,  flicks,  Howe,  Kennedy,  Lane  of  Indiana,  La 
tham,  McDowjall,  Powell,  Rir.hardson,  Saulsbury,  Turpie, 
Willey,  Wilson  of  Missouri— 18. 

March  2 — The  House  concurred  in  the  amend 
ment  without  debate,  under  the  previous  ques 


tion. 

First  Session,  Thirty-Eighth  Congress. 
IN  SENATE. 

1864,  February  10 — Mr.  SUMNER  offered  the 
following: 

Resolved,  That  the  Committee  on  the  District  of  Colum 
bia  be  directed  to  consider  the  expediency  of  further  pro 
viding  by  law  against  the  exclusion  of  colored  persons  from 
the  equal  enjoyment  of  all  railroad  privileges  in  the  Dis 
trict  of  Columbia.. 

Which  was  agreed  to — yeas  30,  nays  10,  as 
follows : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Colla- 
iner,  Conness,  Cowan,  Dixon,  Fessenden,  Foot,  Foster, 
Grimes,  Hale,  Harlau,  Harris,  Howard,  Howe,  Lane  of  Kan 
sas  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sherman,  Sprague, 
Sunnier,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilson 

NAYS— Messrs.  Buckalew,  Davis,  Harding,  Hendricks, 
Nesmith,  Powell,  Richardson,  Riddle,  Saulsbury,  Van  W  in 
kle— 10. 

February  24— Mr.  WILLEY,  from  the  Commit 
tee  on  the  District  of  Columbia,  made  this  re 
port,  and  the  committee  were  discharged  : 

The  Committee  on  the  District  of  Columbia,  who  were 
required  by  resolution  of  the  Senate,  passed  February  8, 
1804,  '-to  consider  the  expediency  of  further  providing  by 
law  against  the  exclusion  of  colored  persons  from  the  equal 
enjoyment  of  all  railroad  privileges  in  the  District  of  Co 
lumbia,"  have  had  the  matter  thus  referred  to  them  under 
consideration,  and  beg  leave  to  report : 

The  act  entitled  "An  act  to  incorporate  the  Washington 
and  Georgetown  Railroad  Company,"  approved  May  17, 
1SG2,  makes  no  distinction  as  to  passengers  over  said  road 
on  account  of  the  color  of  the  passenger,  and  that  in  the 
opinion  of  the  committee  colored  persons  are  entitled  to  all 
the  privile"es  of  said  road  which  other  persons  have,  and  to 
all  the  remedies  for  any  denial  or  breach  of  such  privileges 
which  belong  to  any  person. 

The  committee  therefore  ask  to  be  discharged  from  the 
further  consideration  of  the  premises. 

March  17 — The  Senate  considered  the  bill  to 
incorporate  the  Metropolitan  Railroad  Com 
pany,  in  the  District  of  Columbia,  the  pending 
question  being  an  amendment,  offered  by  Mr. 
SUMNER,  to  add  to  the  fourteenth  section  the 

words  : 

Provided,  That  there  shall  be  no  regulation  excluding 
any  person  from  any  car  on  account  of  color. 

Which  was  agreed  to — yeas  19,  nays  17,  as 
follows  : 

YE \s— Messrs.  Anthony,  Brown,  Clark,  Conness,  Fessen- 
den,  Foot,  Foster,  Grimes,  Harlan,  Howe,  Lane  ot  Kansas, 
Morgan,  Morrill,  Ponieroy,  Ramsey,  Sumner,  Wade,  W  ilkin- 

8°]V\YS— TleTsrs'.  Buckalew,  Carlile,  Davis,  Doolittle,  Hard 
ing  '  Harris  Hrndricks,  Johnson,  Lane  of  Indiana,  Powell, 
RTddlc.,  Scndtbvry.  Sherman,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Willey— 17. 


NATS— Messrs.  Alley,  Ames,  Anderson,  Arnold,  Ashley, 
John  D.  Baldwin,  Baxter,  Beamun,  Elaine,  Boutwell,  Boyd, 
Brandcgee,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cobb,  Cole,  Dawes,  Deming,  Dixon,  Driggs,  Better,  Eliot, 
Farnsworth,  Fenton,  Frank,  (Jarfield.Gooch,  HigPJ,  Hooper, 
Hotchkiss,  Asahel  W.IIubbard,  John  II.  Hubbard,  llulburd, 
Ingersoil  Julian,  Kclley,  Orlando  Kellogg,  Knox,  Loan, 
Longyoar,  Marvin,  McClurg,  Mclndoe,  Samuel  F.  Miller. 
Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson,  Ferham, 
Pike,  Ponieroy,  Price,  Alexander  II.  Rice,  John  II.  Rice, 
Edward  II.  Rollins,  Schenck,  Scofield,  Shannon,  Sloan, 
Smithors,  Stevens,  Thayer,  Upson,  Kllihu  B.  Washburne, 
William  B.  Washburn,  Williams,  Wilder,  Wilson,  Wiudom, 
Woodbridge— 76. 

And  the  bill  passed  the  House  and  was  ap 
proved  by  the  President 

IN    SENATE. 

June  21 — On  a  supplement  to  the  charter  of 
the  Washington  and  Georgetown  Railroad  Com 
pany,  in  Committee  of  the  Whole,  Mr.  SUMNER 
moved  to  insert : 

Provided,  That  there  shall  be  no  exclusion  of  any  person 
from  any  car  on  account  of  color. 

Which  was  rejected-  yeas  14,  nays  16,  as 
follows  : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Colla- 
mer,  Conness,  Dixon,  Foot,  Howard,  Morgan,  Ponieroy, 
Sumner,  Wade,  Wilson— 14. 

NAYS— Buckalew,  Carlile,  Cowan,  Davit,  loster,  Grimes, 
Hendricks,  Johnson,  Lane  of  Indiana,  Powell,  Ridale,tiuul»- 
bury,  Sherman,  Ten  Eyck,  Trumbull,  Willey— 10. 

Same  day,  in  the  Senate,  Mr.  SCMNER  renewed 
the  amendment,  which  was  agreed  to — yeas  17, 
nays  16  : 

YEAS— Messrs.  Brown,  Clark,  Conness,  Dixon,  Foot,  Hale, 
Harlan,  Howe,  Lane  of  Kansas,  Morgan,  Morrill,  Ponieroy, 
Ramsey  Sprague,  Sumner,  Wade,  Wilson — 17. 

N  YYS-MeJrs.  Buckalao,  Carlile,  Cowan,  Doolittle,  Foster, 
Grimes,  Johnson,  Lane  of  Indiana,  Powell,  tfuW/c-,  Sari* 
bur<j  Sherman,  Ten  Eyck,  Trumbull,  Van  Winkle,  \\il- 
ley— 16. 

The  bill  then  passed  the  Senate — yeas  23, 
nays  8,  (Messrs.  Buckalew,  Carlile,  Cowan,  Hale, 
Lane  of  Indiana,  Powell,  Riddle,  Saulsbury.) 

June  29— The  bill  fell,  the  House  having 
tabled  the  report  of  the  Committee  of  Confer 
ence  on  the  disagreeing  votes  of  the  two  Houses 


The  bill  then  passed  the  Senate. 

June  19— The  House  refused  to  strike  out  the 
proviso  last  adopted  in  the  Senate — yeas  62, 
nays  76, ..as  follows: 

YE  vs— Messrs.  James  C.  Alkn,  William  J.  Alkn,  Ancona 
Ba;l>i     \unnxlus  C,  Bablwin,  Blair,  Bliss,  Brooks,  James  A. 
jirm'vn,  William  G.  Brown,  Chanter,  Cnffroth,  Cravens  Daw- 
son    Venison,   men,   Edgtrton,   Eldridgc,    Finch;    Van.™,, 
GriCkr    GriswiM,  Harding,  Charles   M.  Harris,  Holman, 
Uutchins,  Philip  Johnson,  William  Johnson  A'rnan.  *»*&> 
Law  La*».ar,  LK  Bltrnd,  Long,  Mallory,  Marcy,  McDowell, 
McKinney,  Middldon,    W,n.  II.  Miller,  James  R.  Morris 
M'  rrfoon,  Aelxon,  A'obh,  llwUeton,  Perry,  Prui/n,  Radford, 
Samuel  /  Randall,  J.  S.  itoUfcu,  JtM*,  &ott,  John  B.  Stede,  . 
Stiles  Stuart,ThoVMt,  Wadsworth,  Word,  Whaley;  WhuLar,  \ 
Joseph  W.  White.    Winfield—62.  [ 


on  it. 

COLORED  PERSONS  AS  WITNESSES.    (See  App.) 

Second  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

Pending  the  confiscation  bill,  June  28,  1862, 

Mr.  SUMNER  moved  these  words  as  an  addi 
tion  to  the  14th  section  : 

And  in  all  proceedings  under  this  act  there  shall  be  no 
exclusion  of  any  witness  on  account  of  color. 

Which  was  rejected— yeas  14,  nays  25,  as  fol 
lows  : 

YEAS— Messrs.  Chandler,  Grimes,  Harlan  Howard,  King, 
Lane  of  Kansas,  Morrill,  Ponieroy,  Sumner,  Trumbull,  V\  ade, 

'os  AnThony,  Browning,  CarUle,  Clark,  Colla- 
mer,  Cowan,  Davi*,  Dixon,  Doolittle,  Fewenden,  FotMj  Po 
ter,  Harris,  Henderson,  Lane  of  Indiana,  Zutnnt h   H-arct, 
wrll,  Sherman.  Pimmona,  Slark,  Ten  Eyck,  WUley,  Wil 
of  Missouri,  Wright— 25. 

Pending  the  consideration  of  the  supplement 
to  the  emancipation  bill  for  the  District  of  Co 
lumbia, 

1862,  July  7— Mr.  SDMNER  moved  a  new  sec 
tion  : 

That  in  all  the  judicial  proceedings  in  the  District 
luinbia  there  shall  be  no  exclusion  of  any  witness  on  ao- 
count  of  color. 


AND    KINDRED   SUBJECTS. 


243 


Which  was  adopted — yeas  25,  nays    11,  as 

follows : 

YBAS— Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Doo 
little,  Fesscnden,  Foot,  Foster,  Grimes,  Hale,  Harlan, 
Harris  Howe,  King,  Lane  of  Kansas,  Morrill,  Sherman, 
Simmons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
Wilmot,  Wilson  of  Massachusetts— 25. 

NAVS— 'Ii-ssrs.  Trowning,  Carlile,  Cowan,  Davis,  Hender- 
flon,  Kennedy,  McDougall,  Powell,  Rice,  Willey,  Wrigld— 11. 

The  bill  then  passed — yeas  29,  nays  6, 
(Messrs.  Carlile, Davis,  Kennedy,  Powell,  Wilson, 
of  Missouri,  Wright.} 

July  9 — The  bill  passed  the  House — yeas  69, 
nays  36.  There  was  no  separate  vote  on  the 
above  proposition.  The  NAYS  were  : 

NAYS— Messrs.  William  Allen,  Ancona,  Baily,  Biddle, 
Jacob  B.  Blair,  Clements,  Cobb,  Corning,  Cox,  Crisficld, 
Dunlap,  English,  Fouke,  Grider,  Harding,  Knapp,  Law, 
Lazear,  Mallory,  Maynard,  Menzies,  Morris,  Nugen,  Pendle- 
ton,  Perry,  Richardson,  James  S.  Rollins,  Shiel,  John  B. 
Ste-le,  William  G.  Steele,  Stiles,  Francis  Thomas,  Voorhees, 
Ward,  Webster,  Wood— 36. 

Pending  the  consideration  in  the  Senate  of 
the  House  bill  in  relation  to  the  competency  of 
witnesses  in  trials  of  equity  and  admiralty, 

1862,  July  15 — Mr  SUMNER  offered  this  pro 
viso  to  the  first  section  : 

Provided,  That  there  shall  be  no  exclusion  of  any  wit 
ness  on  account  of  color. 

Which  was  rejected — yeas  14,  nays  23,  as  fol 
lows  : 

YEAS — Messrs.  Chandler,  Grimes,  Harlan,  Howard,  Howe, 
King,  Lane  of  Kansas,  Pomeroy,  Rice,  Sumner,  Wade,  Wil 
kinson,  Wilmot,  Wilson  of  Massachusetts — 14. 

NAYS— Messrs.  Anthony,  Bayard,  Browning,  Clark,  Cowan, 
Davis,  Doolittle,  Foster,  Hale,  Harris,  Henderson,  Kennedy, 
Lane  of  ludiana,  Powell*  Saulsbury,  Sherman,  Simmons, 
Sta  ?7.-,  Ten  Eyck,  Trumbull,  Willey,  Wilson  of  Missouri, 
Wright— -23. 

First  Session,  Thirty-Eighth  Congress. 

1864,  June  25 — Pending  the  civil  appropria 
tion  bill,  in  Committee  of  the  Whole,  Mr.  SUM 
NER  offered  this  proviso: 

Provided,  That  in  the  courts  of  the  United  States  there 
shall  be  no  exclusion  of  any  witness  on  account  of  color. 

Mr   BUCKALEW  moved  to  add  : 

Nor  in  civil  actions  because  he  is  a  party  to  or  interested 
in  the  issue  tried. 

Which  was  agreed  to  ;  and  the  amendment  as 
amended  was  agreed  to— yeas  22,  nays  16,  as 
follows : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Colla 
mer,  Conness,  Foot,  Foster,  Grimes,  Hale,  Harlan,  Howard. 
Howe,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Spraguej 
Sumner,  Wade,  Wilkinson,  Wilson— 22. 

NAYS — Messrs.  Buckolrw,  Carlile,  Cowan,  Davis,  Harris, 
Hendricks,  Hicks,  Johnson,  Nesmith,  Powell,  Richardson, 
Saulsbury,  Sherman,  Trumbull,  Van  Winkle,  Willey— 16. 

The  Senate  subsequently  concurred  in  this 
amendment — yeas  29,  nays  10,  as  follows: 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Conness, 
Dixon,  Doolittle,  Fcssenden,  Foot,  Foster,  Grimes,  Hale, 
Ilarlan,  Harris,  Howard,  Howe,  Lane  of  Indiana,  Lane  of 
Kansas,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sherman,* 
Sprague,  Sumner,  Ten  Eyck,  Wade,  Wilkinson,  Wilson 
— 2J. 

NAYS— Messrs.  Buckalew.  Carlile,  Hendricks,  Hicks,  Nes 
mith,  Powell,  Saidsbury,  Trumbull,  Van  Winkle,  Willey 
—10. 


*  Before  this  vote  was  taken,  Mr.  SHERMAX  said : 
"  It  is  due  to  myself  to  say  in  explanation  that  I  voted 
igtiinst  and  opposed  this  amendment  for  the  sole  ground, 
as  I  stated,  that  it  ought  not  to  be  put  upon  this  bill.  That 
lij  my  deliberate  conviction  yet;  but  as  the  Senate  have  by 
a  majority  vote  decided  to  put  the  amendment  on  the  bill 
in  spite  of  my  remonstrances  and  resistance,  I  feel  bound 
now  to  vote  according  to  my  conviction  on  the  merits  of 
the  proposition." 


IN  HOUSE. 

June  29 — The  question  being  on  agreeing  to 
the  amendment, 

Mr.  MALLOBY  moved  to  add  this  proviso  to 
the  section  amended  in  the  Senate: 

Provided,  That  negro  testimony  shall  only  be  taken  in 
the  United  States  courts  in  those  States  the  laws  of  which 
authorize  such  testimony. 

Which  was  rejected — yeas  47,  nays  66. 
The   amendment   of    the   Senate    was    then 
agreed  to — yeas  68,  nays  48,  as  follows  : 

YEAS  —  Messrs.  Allison,  Ames,  Arnold,  Ashley,  Baily, 
John  D.  Baldwin,  Beainan,  Boutwell,  Boyd,  Broomall, 
Cobb,  Cole,  Thomas  T.  Davis,  Dawes,  Deming,  Dixon,  Bon- 
nelly,  Driggs,  Eckley,  Eliot,  Farnsworth,  Fenton,  Frank, 
Garfield,  Gooch,  Ilig'by,  Hooper,  Hotchkiss,  Hulburd,  In- 
gersoll,  Jenckes.  Julian,  F.  \V.  Kellogg,  Orlando  Kellogg, 
Knox,  Littlejohn,  Loan,  Longyear,  McBride,  McClurg, 
Moorhead,  Morrill,  Baniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Charles  O'Neill,  Patterson,  Perham,  Alex 
ander  II.  Rice,  John  H.  Rice.  Edward  H.  Rollins,  Schenck, 
Scofield.  Shannon,  Sloan,  Smithers,  Spalding,  Stevens, 
Thayer,  Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne, 
William  B.  Washburn,  Williams,  Wilder,  Wilson,  Win- 
dom— 68. 

NAYS — Messrs.  William  J.  Allen,  Anemia,  Augustus  C, 
Baldwin,  Blair,  Bliss,  Brooks,  William  G.  Brown,  Chanler, 
Coffroth,  Dawson,  Dcnison,  Eden,  Edgerton,  Eldridge,  Finck, 
Harding,  Benjamin  G.  Harris,  Charles  M.  Harris,  Herrick, 
Holman,  William  Johnson,  Knapp,  Le  Blond,  Mallm-y,  Mar- 
cy,  James  R.  Morris,  Morrison,  Noble,  John  O'Neill,  Pen- 
dleton,  Perry,  Samuel  J.  Randall,  Robinson,  Ross,  John  B. 
Steele,  William  G.  Steele,  Stiles,  Strouse,  Stuart,  Thomas, 
Tracy,  Wadxworth,  Ward,  Webster,  Whaley,  Wheeler,  Chil- 
tonA.  White,  Joseph  W.  White — 48. 

REPEAL  OF  LAWS  REGULATING  THE  COASTWISE 
SLAVE  TRADE. 

First  Session,  Thirty-Eighth  Congress. 

1864,  June  25 — Mr.  SUMNER  offered  this  ad 
ditional  section,  the  Senate  sitting  as  in  Com 
mittee  of  the  Whole,  pending  the  considera 
tion  of  the  civil  bill : 

And  be  it  further  enacted,  That  sections  eight  and  nine 
of  the  act  entitled  "  An  act  to  prohibit  the  importation  of 
slaves  into  any  port  or  place  within  the  jurisdiction  of  the 
United  States  from  and  after  the  1st  day  of  January,  in  the 
year  of  our  Lord  1808,"  which  sections  undertake  to  regu 
late  the  coastwise  slave  trade,  are  hereby  repealed,  and  the 
coastwise  slave  trade  prohibited  forever. 

Which  was  rejected — yeas  13,  nays  20,  as 
follows : 

YEAS — Messrs.  Conness,  Grimes,  Harlan,  Howard,  Lana 
of  Kansas,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sprague, 
Sumner,  Wade,  Wilson— 13. 

NAYS — Messrs.  Buckalew,  Carlile,  Clark,  Collamer,  Cowan, 
Davis,  Harris,  Hendricks,  Hicks,  Howe,  Johnson,  McDou- 
f/att,  Nesmith,  Powell,  Richardson,  Riddle,  Saulsbury, 
Sherman,  Trumbull,  Van  Winkle — 20. 

Same  day,  in  open  Senate, 
Mr.  SUMMER  renewed  the  amendment,  which 
was  agreed  to — yeas  23,  nays  14,  as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Conness, 
Dixon,  Doolittle,*  Fessenden,  Foot,  Harlan,  Harris,  Howard, 
Howe,  Lane  of  Kansas,  Morgan.  Morrill,  Pomeroy,  Sprague, 
Sumner,  Ten  Eyck,  Wade,  Wilkinson,  Wilson— 23. 

NAYS  —  Messrs.  Burkalrw,  Carlile,  Clark,  Hendricks, 
Hicks,  Johnson,  Lane  of  Indiana,  Nesmith,  Powell,  Rich- 
o.rdson,  Saulsbury,  Sherman,  Trumbull,  Van  Winkle,  Wil- 
ley— 14. 

The  bill  passed  the  Senate — yeas  32,  nays  4, 
(Messrs.  Carlile,  Hendricks,  Powell,  Saulsbury.) 

June  29 — The  House  agreed  to  the  amend 
ment  without  a  division,  after  a  brief  debate. 

*  Before  the  vote  was  taken,  Mr  DOOLITTLE  said : 
"  I  voted  against  this  amendment  before  on  the  ground 
that  I  did  not  like  to  vote  for  such  measures  on  appropria 
tion  1  ills;  but  twc  or  three  others  have  been  put  on,  and  if 
this  is  to  be  legislated  upon,  as  I  am  in  favor  of  the  aboli 
tion  of  the  coastwise  slave  trade,  I  shall  vote  in  the  affir 
mative." 


244 


REPEAL    OF    THE    FUGITIVE    SLAVE    LAWS, 


T.   W.   HIGGIN80N  S  PARTICIPATION  IN  THE    BURNS 
CASK. 

1864,  March  14 — Mr.  DAVIB  offered  this  res 
olution  : 

Whereas  in  the  history  of  the  attempt  to  rescue  Anthony 
Burns,  a  fugitive  slave  from  the  State  of  Virginia,  from  the 
custody  of  the  United  States  officers  in  Boston,  in  1S54,  it  is 
represented,  and  it  is  also  generally  reported,  that  T.  W. 
Iligginson,  now  the  colonel  of  a  regiment  of  negro  troops  in 
the  service  of  the  United  States,  led,  or  was  engaged  in,  an 
assault  made  by  a  body  of  men,  with  force  and  arms,  upon 
the  court-house  in  Boston,  where  the  said  Anthony  Burns 
was  held  in  the  custody  of  the  law  and  officers  of  the  United 
States,  with  the  intent  and  purpose  of  forcibly  rescuing  him 
from  such  custody;  and  whereas  it  is  represented  and  gen 
erally  reported  that  a  citizen  of  the  United  States,  then  hav 
ing  the  custody  of  said  Burns,  was  killed  and  murdered  by 
said  assailants :  Therefore,  be  it 

Resolved,  That  the  president  of  the  Senate  appoint  a  com 
mittee  of  three  members  of  the  Senate  to  investigate  whether 
the  said  T.  W.  Higginson  had  any  connection,  and  if  any, 
what,  with  the  said  attempt  to  rescue  the  said  Burns,  arid 
with  the  killing  and  murdering  of  any  person  having  his 
custody,  and  that  said  committee  have  power  to  send  for 
persons  and  papers. 

March  17 — Mr.  TRUMBULL  moved  to  table  it  5 
which  was  agreed  to — yeas  29,  nays  10,  as  fol 
lows  : 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Collamer,  Dix- 
on,  Doolittle,,  Fessenden,  Foot.  Foster.  Grimes,  Harding,  liar- 
Ian,  Howard,  Howe,  Lane  of  Indiana,  Lane  of  Kansas,  Moi- 
gan,  Merrill,  Pomeroy,  Ramsey,  Sherman,  Sprague,  Sumrier, 
Ten  Eyck,  Trumbull,  Van  Winkle,  Wilkinson,  Willcy,  Wil- 
eon— 29. 

NAYS — Messrs.  Buclcalcw,  Carlile,  Conness,  Davis,  Hen. 
driclcs,  Johnson,  NcDougall,  Powell,  Riddle,  Suulsbury—IQ. 


COLORED  SCHOOLS. 

June  8 — The  House  passed  a  bill  to  provide 
for  the  public  instruction  of  youth  in  Washing 
ton  city,  with  an  amendment  providing  for 
separate  schools  for  the  colored  children,  by 
setting  apart  such  a  proportion  of  the  entire 
school  fund  as  the  number  of  colored  children 
between  the  ages  of  six  and  seventeen  bear  <o 
the  whole  number  of  children  in  the  District. 
The  bill,  with  amendments,  passed  both  Houses 
without  <i  division. 

Military  Reports,  Orders,  and  Proc 
lamations. 

MAJOR    GENERAL    M'CLELLAN'S    PROCLAMATION    IN 
WESTERN  VIRGINIA. 

HEADQUARTERS  DEPARTMENT  OF  Oaio, 

CINCINNATI,  May  '26, 1801. 
To  the  Union  mm  of  Western  Virginia : 

VIRGINIANS:  The  General  Government  has  long  enough 
endured  the  machinations  of  a  few  factious  rebels  in  your 
midst.  Armed  traitors  have  in  vain  endeavored  to  deter 
you  from  expressing  your  loyalty  at  the  polls.  Having 
failed  in  this  infamous  attempt  to  deprive  you  of  the  oxer- 
cine  of  your  dearest  rights,  they  now  seek  to  inaugurate  a 
reign  of  terror,  and  thus  force  you  to  yield  to  their  schemes 
and  submit  to  the  yoke  of  the  traitorous  conspiracy  digni 
fied  by  the  name  of  the  Southern  Confederacy.  They  are 
destroying  the  property  of  citizens  of  your  State  and  ruin 
ing  your  magnificent  railways. 

^he  General  Government  has  heretofore  carefully  ab 
stained  from  sending  troops  across  the  Ohio,  or  even  from 
posting  them  along  its  banks,  although  frequently  urged 
by  many  of  your  prominent  citizens  to  do  so.  It  determ 
ined  to  wait  the  result  of  the  State  election,  desirous  that 
no  one  might  be  able  to  say  Jhat  the  slightest  effort  had  been 
m.'ido  from  this  side  to  influence  the  free  expression  of  your 
opinions,  although  the  many  agencies  Drought  to  bear  upon 
you  by  the  rebels  were  well' known.  You  have  now  shown, 
under  the  most  adverse  circumstances,  that  the  great  mass 
of  tho  people  of  Western  Virginia  are  true  and  loyal  to  that 
beneficent  Government  under  which  wo  and  our  lathers 
lived  so  long. 

As  soon  as  the  result  of  the  election  was  known  the  trai 
tors  commenced  their  work  of  destruction.  The  General 


I  Government  cannot  close  its  ears  to  the  demand  you  hav« 
made  for  assistance.  I  have  ordered  troops  to  cross  the 
river.  They  come  as  your  friends  and  brothers — as  enemies 
only  to  armed  rebels,  who  arc  preying  upon  you;  your 
homes,  your  families,  and  your  property  are  safe  under  our 
protection.  All  your  rights  shall  be  religiously  respected, 
notwithstanding  all  that  has  been  said  by  the  traitors  to 
induce  you  to  believe  our  advent  among  you  will  be  signal 
ized  by  an  interference  with  your  slaves.  Understand  one 
thing  clearly :  not  only  will  we  abstain  from  all  such  inter 
ference,  but  we  will,  on  the  contrary,  with  an  iron  hand 
crush  any  attempt  at  insurrection  on'their  part.  Now  that 
wo  are  in  your  midst,  I  call  upon  you  to  lly  to  arms  and  sup 
port  the  General  Government;  sever  the  connection  that 
binds  you  to  traitors;  proclaim  to  the  world  that  the 
faith  and  loyalty  so  long  boasted  by  the  Old  Dominion  are 
still  preserved  in  Western  Virginia,  and  that  you  remain 
true  to  the  stars  and  stripes. 

G.  B.  McCLELLAN, 
Major  General  Commanding. 

MAJOR  GENERAL  ROBERT  PATTERSON'S  PROCLAMA 
TION. 

HEADQUARTERS  DEPARTMENT  OF  PENNSYLVANIA. 

CHAMBLRSBURG,  PA.,  June  3, 1861. 
To  the,  United  States  Troops  of  this  Department  : 

The  restraint  which  has  necessarily  been  imposed  upon 
you,  impatient  to  overcome  those  who  have  raised  their 
parricidal  hands  against  our  country,  is  about  to  be  re 
moved.  You  will  soon  meet  the  insurgents. 

You  are  not  the  aggressors.  A  turbulent  faction,  misled 
by  ambitious  rulers,  in  times  of  profound  peace  and  national 
prosperity,  have  occupied  your  furts  and  turned  the  guus 
against  you  ;  have  seized  your  arsenals  and  armories,  and 
appropriated  to  themselves  Government  supplies;  have  ar 
rested  and  held  as  prisoners  y  ur  companions  inarching  to 
their  homes  under  State  pledge  of  se  ;urity,  and  have  cap 
tured  vessels  and  provisions  voluntarily  assured  by  State 
legislation  from  molestation,  and  now  seek  to  perpetuate  a 
reign  of  terror  over  loyal  citizens. 

They  have  invaded  a  loyal  >tate,  and  entrenched  them 
selves  within  its  boundaries  in  defiance  of  its  constituted 
authorities. 

You  are  going  on  American  soil  to  sustain  the  civil  power,, 
to  relieve  the  oppressed,  and  to  retake  that  which  is  un 
lawfully  held. 

You  must  bear  in  mind  you  are  going  for  the  good  of  the 
whole  country,  and  that,  while  it.  is  your  duty  to  punish 
sedition,  you  must  protect  the  loyal,  and,  should  the  occa 
sion  offer,  at  once  suppress  servile  insurrection. 

Success  will  crown  your  efforts;  a  grateful  country  and. 
a  happy  people  Will  reward  you. 

By  order  of  MAJOR  GENERAL  PATTERSON  : 

F.  J.  POUTER,  Asst.  Adj.  General. 

SECRETARY    CAMERON'S  LETTER  TO  GEN.   BUTLER. 

WASHINGTON,  May  30, 1861. 

SIR:  Your  action  in  respect  to  the  negroes  who  canifr 
within  your  lines  from  the  service  of  the  rebels  is  approved. 
The  Department  is  sensible  of  the  embarrassments  which 
must  surround  officers  conducting  military  operations  in  a 
State  by  the  laws  of  which  shivery  is  sanctioned.  The  Gov 
ernment  cannot  recognize  tho  rejection  by  any  State  of  the 
Federal  obligations,  nor  can  it  refuse  the  performance  of 
tho  Federal  obligations  resting  upon  itself.  Among  these 
Federal  obligations,  however,  none  can  bo  more  important 
than  that  of  suppressing  and  dispersing  armed  combina 
tions  formed  for  the  purpose  of  overthrowing  its  whole- 
constitutional  authority.  While,  therefore,  you  will  per 
mit  no  interference  by  the  persons  under  your  command 
with  the  relations  of  persons  held  to  service  under  the  laws 
of  any  State,  you  will,  on  tho  other  hand,  so  long  as  any  State 
within  which  your  military  operations  are  conducted  is  under 
the  control  of  such  armed  combinations,  refrain  from  sur 
rendering  to  alleged  masters  any  persons  who  may  come 
within  your  lines.  You  will  employ  such  pel-sons  in  tho 
services  to  which  they  may  be  best  adapted,  keeping  an  ac 
count  of  the  labor  by  them  performed,  of  the  value  of  it, 
and  the  expenses  of  their  maintenance.  Tho  question  of 
their  iinal  disposition  will  be  reserved  for  future  deter 
mination. 

SIMON  CAMERON. 

Secretary  of  War. 

To  Major  General  BUTLER. 

MAJOR  GENERAL  BUTLER  TO  LIEUTENANT  GENERAL  SCOTT. 

HEADQUAHTERS  DEPARTMENT  OF  VIRGINIA, 

4/02/27,1861. 

*  *  ^ince  I  wrote  uay  last  despatch  the  question  in 
regard  to  slave  property  is  becoming  one  of  very  serious 
magnitude.  The  inhabitants  of  Virginia  are  using  their 


AND    KINDRED    SUBJECTS. 


245 


negroes  in  the  batteries,  and  are  preparing  to  Bend  the  wo- 
meii  aiid  childrou  south.  The  escapes  from  them  are  very 
numerous,  and  a  squad  has  come  in  this  mornim;  to  my 
pickets  bringing  their  women  and  children.  Of  course 
these  cannot  be  dealt  with  upon  the  theory  on  which  I  de 
signed  to  treat  the  services  of  able-bodied  men  and  women 
•who  might  come  within  my  lines,  and  of  which  I  gave  you 
a  detailed  account  in  my  last  despatch.  lam  in  the  ut 
most  doubt  what  to  do  with  this  species  of  property.  Up 
to  this  time  I  have  had  come  within  my  lines  men  and  wo 
men  with  'their  children,  entire  families,  each  family  be 
longing  to  the  pame  owner.  I  have,  therefore,  determined 
to  emp.oy,  as  I  can  do  very  profitably,  the  able-bodied  per-' 
soni  in  the  party,  issuing  proper  food  lor  the  support  of 
all,  and  charging  against  their  serv  ces  the  expense  of  care 
and  sustenance  of  the  non-laborers,  keeping  a  strict  and  ac 
curate  account  as  well  of  the  services  as  of  the  expendi 
ture,  having  the  worth  of  the  services  and  the  cost  of  the 
expenditure  determined  by  a  board  of  survey,  to  be  here- 
atter  detailed.  I  know  of  no  other  manner  in  which  to 
dispose  ( f  this  subjei  t  «nd  the  questions  connected  there 
with.  As  a  matter  of  property  to  the  insurgents,  it  will 
be  of  very  groat  moment,  the  number  that  I  now  have 
amonnting.  as  I  am  informed,  to  what,  in  good  times, 
wi'iild  be  of  the  value  of  sixty  thousand  dollars.  Twelve 
uf  these  negroes,  I  am  informed,  have  escaped  from  the 
batteiies  on  Sewall's  Point,  which,  this  morning,  fired 
upon  my  expedition  as  it  passed  by  out  of  range.  As  a 
means  of  offence  therefore  in  the  enemy's  hands,  these 
negroes,  when  able-bodied,  are  of  the  last  importance 
Without  them  the  batteiies  could  not  have  been  erected, 
at  least  for  many  weeks.  As  a  military  question,  it  would 
seem  to  be  a  measure  of  necessity  to  deprive  their  masters 
of  their  services.  How  can  this  be  done?  As  a  political 
question  «od  a  question  of  humanity,  can  I  receive  the 
services  of  a  father  and  mother,  and  not  take  the  children  ? 
Of  the  humanitarian  aspect  I  have  no  doubt.  01  the  po 
litical  one  I  have  no  right  to  judge.  I  therefore  submit 
all  this  to  your  better  judgment,  and  as  the  questions  have 
a  political  aspect,  I  have  ventured,  and  I  trust  I  am  not 
wrong  in  so  doing,  to  duplicate  the  parts  of  my  despatch 
lelatiiig  to  this  subject,  and  forward  them  to  tiie  Secretary 
of  War.  *  *  *  * 

Very  respectfully,  your  obedient  servant, 

B.  F.  BUTLER. 
Lieutenant  General  SCOTT. 


SECRETARY   CAMERON'S   REPLY   TO  GEN.   BUTLER. 

WASHINGTON,  August  8, 1861. 

GENERAL:  The  important  que-tiou  of  the  proper  disposi 
tion  to  be  made  of  fugitive-*  from  service  in  States  in  insur 
rection  against  the  Federal  Government,  to  which  you  have 
again  directed  my  attention  in  your  letter  of  July  30,  has 
received  my  most  attentive  consideration. 

It  is  the  desire  of  the  President  that  all  existing  rights, 
in  all  the  States,  be  fully  respected  and  maintained.  The 
war  now  prosecuted  on  the  part  of  the  Federal  Govern 
ment  is  a  war  for  the  Union,  and  for  the  preservation,  of  all 
constitutional  rights  of  States,  and  the  citizens  of  the 
States,  in  the  Union.  Hence  no  question  can  arise  as  to 
fugitives  from  service  within  the  States  and  Territories  in 
which  the  authority  of  the  Union  is  fully  acknowledged. 
The  ordinary  forms  of  judici.-il  proceeding,  which  must  be 
respected  by  military  and  civil  authorities  alike,  will  suffice 
for  the  enforcement  of  all  legal  claims.  But  in  States 
wholly  or  partially  under  insurrectionary  control,  where 
the  laws  of  the  United  States  are  so  far  opposed  and  resisted 
that  they  cannot  be  effectually  enforced,  it  is  obvious  that 
rights  dependent  on  the  execution  of  those  laws  must,  tem 
porarily,  fail ;  and  it  id  equally  obvious  that  rights  depend 
ent  on  the  laws  of  the  States  within  which  military  opera 
tions  are  conducted  must  be  necessarily  subordinated  to  the 
•military  exigencies  created  by  the  insurrection,  if  not 
wholly  forfeited  by  the  treasonable  conduct  of  parties  claim 
ing  them.  To  this  general  rule  rights  to  services  can  form 
BO  exception. 

The  act  of  Congress  approved  August  6,  18C1,  declares 
that  if  persons  held  to  service  shall  be  employed  in  hostility 
to  the  United  States,  the  right  to  their  services  shall  be 
forfeited,  and  such  persons  shall  be  discharged  therefrom. 
It  follows  of  necessity  that  no  claim  can  be  recognized  by 
the  military  authorities  of  the  Union  to  the  services  of 
such  persons  when  fugitives. 

A  more  difficult  question  is  presented  in  respect  to  per- 
eons  escaping  from  the  service  of  loyal  masters.  It  is  quite 
apparent  that  tho  laws  of  the  State,  under  which  only  the 
nervices  of  such  fugitiues  can  be  claimed,  must  needs  be 
•wholly,  or  Almost  wholly,  suspended,  as  to  remedies,  by  the 
insurrection  r.nd  the  military  measures  necessitated  by  it. 
And  it  is  equally  apparent  that  the  substitution  of  military 
1'cr  judicial  measures  for  the  enforcement  of  such  claims 
must  be  attended  by  great  inconveni -nces,  embarrassments, 
. uiid  i nj  uries. 


Under  these  circumstances  it  seems  quite  clear  that  tha 
substantial  rights  of  loyal  masters  will  be  best  protected  by 
receiving  such  fugitives,  as  well  as  fugitives  from  disloyal 
masters,  into  the  service  of  the  United  States,  and  employ 
ing  them  under  such  organizations  and  in  such  occupations 
as  circumstances  may  suggest  or  require.  Of  course  a  rec 
ord  should  l)e  kept  showing  the  name  and  description  of 
the  fugitives,  the  name  and  the  character,  as  loyal  or  dis 
loyal,  of  the  master,  and  such  facts  as  may  be  necessary  to 
a  correct  understanding  of  the  circumstances  of  e;ich  caso 
after  tranquillity  shall  have  been  restored.  Upon  the  re- 
tu-  1-  of  peace,  Congress  will,  doubtless,  properly  provide  for 
al!  (he  persons  thus  received  into  the  service  of  the  Union, 
ais  for  just  compensation  to  loyal  masters.  In  this  way 
oi«  v,  it  would  seem,  can  the  duty  and  safety  of  the  Govern- 
m  -lit  and  the  just  rights  of  all  be  fully  reconciled  and  har- 
m  uivsed. 

/ou  will  therefore  consider  yourself  as  instructed  to  gov- 
<•"  <i  your  future  action,  in  respect  to  fugitives  from  service, 
I  v  the  principles  herein  stated,  and  will  report  from  time 
*•  time,  and  at  least  twice  in  each  month,  your  action  in 
'  i.e  premises  to  this  Department.  You  will,  however,  neither 
mthorize  nor  permit  any  interference,  by  the  troops  under 
>  our  command,  with  the  servants  of  peaceful  citizens  in 
house  or  field;  nor  will  you,  in  any  way,  encourage  such 
-ervants  to  leave  the  lawful  service  of  their  masters  ;  nor 
will  you,  except  in  cases  where  the  public  safely  may  seem 
to  require,  prevent  the  voluntary  return  of  any  fugitive,  to 
the  service  from  which  he  may  have  escaped. 

I  am,  General,  very  respectfully,  your  obedient  servant, 

SIMON  CAMERON,  Secretary  of  War. 
Maj.  Gen.  B.  F.  BUTLER,  Commanding  Department  of  Vir 

ginia,  Fortress  Monroe. 

CONCERNING  FUGITIVE   SLAVES. 

HEADQUARTERS  DEPARTMENT  OF  WASHINGTON, 

WASHINGTON,  July  17,  1861. 
[General  Orders  No  33.] 

Fugitive  slaves  will,  under  no  pretext  whatever,  be  per 
mitted  to  reside  or  be  in  any  way  harbored  in  the  quarters 
and  camps  of  the  troops  serving  in  this  Department. 
Neither  will  such  slaves  be  allowed  to  accompany  troops  on 
the  march. 

Commanders  of  troops  will  be  held  responsible  for  a  strict 
observance  of  this  order. 
By  command  of  Brigadier  General  Mansfield  : 

TIIEO.  TALEOT, 
Assistant  Adjutant  General. 

Complaint  having  been  made  that  slaves  were 
abducted  by  soldiers  going  North  on  the  cars, 
the  following  order  was  issued  : 

HEADQUARTERS  CITY  GUARD, 

WASHINGTON,  August  10,  1861. 
To  Captain  H.  DAVIDSON, 

Commanding  Guard  at  Railroad  D?pot  : 
SIR  :  It  is  directed  by  the  Provost  Marshal  that  you  per 
mit  no  soldiers  to  leave  this  city  by  the  railroad  who  are 
unable  to  show  that  they  have  been  properly  discharged 
from  the  service  of  the  United  States  ;  also,  that  no  negroes, 
without  sufficient  evidence  of  their  being  free  or  of  their 
right  to  travel,  are  permitted  to  leave  the  city  upon  the 
cars. 

I  am,  Captain,  very  respectfully,  your  obedient  servant, 
W.  W.  AVERELL,  A.  A.  A.  G. 

EMANCIPATION  PROCLAMATION  OP  GEN    FREMONT.* 

HEADQUARTERS  OF  THE  WESTERN  DEPARTMENT, 

ST.  Louis,  August  31,  1861. 

Circumstances  in  my  judgment,  of  sufficient  urgency, 
render  it  necessary  that  the  commanding  general  of  this 

This  Retaliatory  Proclamation  was  issued  by  a  rebel 


HEADQUARTERS  FIRST  MILITARY  DISTRICT  M.  S.  G. 

CAMP  HUNTER,  September  2,  1S61. 
To  all  whom  it  may  concern  : 

Whereas  Major  General  John  C.  Fremont,  commanding 
the  minions  of  Abraham  Lincoln  in  the  State  of  Missouri, 
has  seen  fit  to  declare  martial  law  throughout  the  whole 
State,  and  has  threatened  to  shoot  any  citizen  soldier  found 
in  arms  within  certain  limits  ;  also,  to  confiscate  the  prop 
erty  and  free  the  negroes  belonging  to  the  members  of  the 
Missouri  State  Guard  : 

Therefore,  know  ye  that  I,  M.  Jeff.  Thompson,  Brigadier 
General  of  the  first  military  district  of  Missouri,  having  not 
only  the  military  authority  of  Brigadier  General,  but  cer 
tain  police  powers  granted  by  Acting  Governor  Thomas  C. 
Reynolds,  and  confirmed  afterwards  by  Governor  Jackson, 
do  most  solemnly  promise  that  for  every  member  of  the 
Missouri  State  Guard  or  soldier  of  our  allies,  the  armies  of 
the  Confederate  States,  who  shall  be  put  to  death  in  pursu- 


246 


REPEAL    OF    THE   FUGITIVE    SLAVE    LAWS, 


Department  fihould  assume  tbe  administrative  powers  of  the  \  to  inflict  the  extraordinary  severities  of  the  now  governing 
State  Its  disorganized  condition,  the  helplessness  of  the  !  law  is  rigidly  confined  to  few,  who  are  to  be  held  strictly 
civil  authority  the  total  insecurity  of  life,  and  the  devastation  accountable  for  its  exercise.  They  are  also  reminded  that 
of  property  by  bands  of  murderers  and  marauders,  who  in-  ,  the  same  necessity  which  requires  the  ertabUfthme 
fest  nearly  every  county  of  the  State,  and  avail  themselves  i  martial  law  demands  also  the  enforcement  ot  the  military 
of  the  public  misfortunes  and  tbe  vicinity  of  a  hostile  force  |  law,  which  governs  themselves  with  the  same  sudden  se 
to  gratify  private  and  neighborhood  vengeance,  and  who  |  verity. 

find  an  e'notnv  wh.-rover  they  find  plunder,  finally  demand  I  The  commanding  general  therefore  strictly  prohibits  all 
the  severest  nic.-iMircs  to  repress  tbe  daily  increasing  crimes  !  vexatious  proceedings  calculated  unnecessarily  to  harass 
and  outrages  which  are  driving  off  the  inhabitants  and  I  the  citizens,  and  also  unauthorized  searches,  seizures,  and 
JutoiM  tlu-  State  !  destruction  of  property,  except  in  cases  of  military  neces- 

In  this  condition  the  public  safety  and  the  success  of  our  '  nity,  and  for  which  the  officer  authorizing  or  permitting  it 
ms  require  unity  of  purpose,  without  let  or  hindrance,  to      vill  be  held  strictly  and  personally  responsible. 
e  prompt  administration  of  affairs.  All  officers  commanding  districts,  posts,  or  detachments 

re  enjoined  to  use  tbe  utmost  prudence  and  circumspec- 
on  in  the  discharge  of  their  duties.  Under  the  circum- 
nnces  a  strict  obedience  to  orders,  close  attention  to  du- 
s,  and  an  earnest  effort  to  protect  and  to  avoid  harassing 
nocent  persons,  is  requested  and  expected  everywhere 
in  officers  and  men. 

The  commanding  general  trusts  that  he  will  find  few 
>o'«aioiis  to  reproach  the  troops.  He  hopes  and  believes 
h<ii  he  will  find  many  to  admire  and  commend  them. 

J.  C.  FREMONT, 
Major  General  Commanding. 

RESIDENT  LINCOLN'S  FIRST  LETTER  TO  GENERAL 

FREMONT. 
[Private.] 
WASHINGTON,  D.  C.,  Sept.  2,  1861. 

MY  DEAR  SIR:  Two  points  in  your  procla 
mation  of  August  30th  give  me  some  anxiety  : 

First.  Should  you  shoot  a  man  according 
to  the  proclamation,  the  Confederates  would 
very  certainly  shoot  our  best  men  in  their 
lands,  in  retaliation;  and  so,  man  for  m;iur 
ndefinitely.  It  is,  therefore,  my  order  that 
you  allow  no  man  to  be  shot  under  the  procla 
mation  without  first  having  my  approbation  or 
;onsent. 

Second.  I  think  there  is  great  danger  that 
the  closing  paragraph,  in  relation  to  the  con 
fiscation  of  property,  and  the  liberating  slaves 
of  traitorous  owners,  will  alarm  our  Southern 
Union  friends  and  turn  them  against  us ;  per 
haps  ruin  our  rather  fair  prospect  for  Kentucky. 

Allow  me,  therefore,  to  ask  that  you  will, 
as  of  your  own  motion,  modify  that  paragraph 
so  as  to  conform  to  t\ie  first  and  fourth  sections 
of  the  act  of  Congress  entitled,  u  An  act  ta 
confiscate  property  used  for  insurrectionary 
purposes,"  approved  August  6,  1861,  and  a 
copy  of  which  act  I  herewith  send  you. 

This  letter  is  written  in  a  spirit  of  cautionr 
and  not  of  censure. 

I  send  it  by  a  special  messenger,  in  that  it 
may  certainly  and  speedily  reach  you 


arms 

the  prompt  ad 

In  order,  therefore,  to  suppress  disorder,  to  maintain  as 
far  as  now  practicable  the  public  peace,  and  to  give  security 
and  protection  to  the  persons  and  property  of  loyal  citizens, 
I  do  hereby  extend  and  declare  established  martial  law 
throughout  the  State  oi  Missouri. 

The  lines  of  tbe  army  of  occupation  in  this  State  are  for 
the  present  declared  to  extend  from  Leavenworth  by  way 
of  the  posts  of  Jefferson  City,  Kolla,  and  Irouton,  to  Cape 
Girardeau,  on  the  Mississippi  river. 

All  persons  who  shall  be  taken  with  arms  in  their  hands 
within  these  Hues  shall  be  tried  by  court-martial,  and  if 
found  gudty  will  be  shot 

The  property,  real  and  personal,  of  all  persons,  in  the 
State  of  Missouri,  who  shall  take  up  arms  against  the  Uni 
ted  States,  or  who  shall  be  directly  proven  to  have  taken  an 
active  part  with  their  enemies  in  the  field,  is  declared  to  be 
confiscated  to  tbe  public  use,  and  their  slaves,  if  any  they 
have,  are  hereby  declared  free  men. 

All  persons  who  shall  be  proven  to  have  destroyed,  after 
the-  publication  of  this  order,  railroad  track?,  bridges,  or  tele 
graphs,  shall  suffer  the  extreme  penalty  of  the  law. 

All  persons  engaged  in   treasonable  correspondence,  in 


giving  or  procuring  aid  to  the  enemies  of  the  United  States, 
in  fomenting  tumults,  in  disturbing  the  public  tranquillity 
by  creating  and  circulating  false  reports  or  incendiary 
documents,  are  in  their  own  interests  warned  that  they  are 
exposing  themselves  to  sudden  and  seven;  punishment. 

All  persons  who  have  been  led  away  from  their  allegi 
ance  are  required  to  return  to  their  homes  forthwith;  aiiy 
such  absence,  without  sufficient  cause,  will  be  held  to  be 
presumptive  evidence  against  them. 

The  object  of  this  declaration  is  to  place  in  the  hands  of 
the  military  authorities  the  power  to  give  instantaneous 
effect  to  existing  laws,  and  to  supply  such  deficiencies  as 
the  conditions  of  war  demand  But  this  is  not  intended  to 
suspend  the  onlinnry  tribunals  of  the  country,  where  the 
law  will  be  administered  by  the  civil  officers  in  the  usual 
manner,  and  with  their  customary  authority,  while  the 
same  can  be  peaceably  exercised. 

The  commanding  general  will  labor  vigilantly  for  the 
public  welfare,  and  in  his  efforts  for  their  safety  hopes  to 
obtain  not  only  the  acquiescence,  but  the  active  support  of 
the  loval  people  of  the  country. 

J.  C.  FREMONT, 
Major  General  Commanding. 

[SPECIAL  MILITARY  ORDER.] 
HEADQUARTERS  WESTERN  DEPARTMENT, 

ST.  Louis,  August  30, 1861. 

The  commanding  general  sincerely  regrets  that  he  finds 
it  necessary  to  make  any  reproach  to  the  patriotic  army 
under  his  command.  He  had  hoped  that  the  rigid  enforce 
ment  of  discipline  and  the  good  example  of  the  mass  of  the 
enlightened  soldiery  which  he  has  the  honor  to  lend,  would 
havo  been  sufficient  to  correct  in  good  time  the  irregulari 
ties  and  licence  of  the  few  who  have  reflected  discredit 
upon  our  cause  and  ourselves 

But  the  extension  of  martial  law  to  all  the  State  of  Mis 
souri,  rendered  suddenly  necessary  by  its  unhappy  condition, 
renders  it  equally  imperative  to  call  the  army  to  good  order 
and  rigorous  discipline.  They  are  reminded  that  the  power 


ance  of  the  said  order  of  Gen.  Fremont,  I  will   hang,  draw, 
and  qiurtur  a  minion  of  said  Abraham  Lincoln. 

While  T  am  anxious  that  this  unfortunate  war  shall  be 
conducted,  if  possible,  upon  the  most  liboral  principles  o 
civilized  warfare — and  every  order  that  I  bavo  issued  has 
been  with  tliat  object — yet,  if  this  rule  is  to  be  adopted 
(ami  it  must  first  be  done  by  our  enemies.")  I  intend  to  ex 
ceed  Gen.  l-'remont  in  his  excesses,  and  will  make  all  tories 
that  come  within  my  i*6ach  rue  the  day  that  a.  differeu' 
policy  was  adopted  by  their  leaders.  Already  mills,  bari»s 
warehouses,  and  other  private  property  have  been  wasteful!  j 
and  wantonly  destroyed  by  the  enemy  in  this  district 
while  we  have  taken  nothing  except  articles  strictly  con 
traband  or  absolutely  necessary.  Should  these  things  b 
repeated,  I  will  retaliate  ten-fold,  so  help  me  God  ! 

M.  JEFF.  THOMPSON. 
Brig.  Gen.  Commanding. 


Yours,  very  truly, 
Major  General  FREMONT. 


A.  LINCOLN. 


GEN.  FREMONT'S  REPLY. 

HEADQUARTERS  WESTERN  DEPARTMENT, 

ST.   Louis,  September  8,  1861. 

MY  DEAR  SIR  :  Your  letter  of  the  second,  by 
special  messenger,  I  know  to  have  been  written 
before  you  had  received  my  letter,  and  before 
my  telegraphic  dispatches  and  the  rapid  develop 
ment  of  critical  conditions  here  had  informed 
you  of  affairs  in  this  quarter.  1  had  not  writ 
ten  to  you  fully  and  frequently  ;  first,  because 
in  the  incessant  change  of  affairs  I  would  be 
exposed  to  give  you  contradictory  accounts  ; 
and,  secondly,  because  the  amount  of  the  sub 
jects  to  be  laid  before  you  would  demand  too 
much  of  your  time. 

Trusting  to  have   your   confidence,   I 


AND   KINDRED   SUBJECTS. 


247 


been  leaving  it  to  events  themselves  to  show 
you  whether  or  not  I  was  shaping  affairs  here 
according  to  your  ideas.  The  shortest  com 
munication  between  Washington  and  St.  Louis 
generally  involves  two  days,  and  the  employ 
ment  of  two  days  in  time  of  war  goes  largely 
toward  success  or  disaster.  I  therefore  went 
along  according  to  my  own  judgment,  leaving 
the  result  of  my  movement  to  justify  me  with 
you.  And  so  in  regard  to  my  proclamation  of 
the  thirtieth.  Between  the  rebel  armies,  the 
provisional  government,  and  home  traitors,  L 
felt  the  position  bad,  and  saw  danger.  In  the 
night  I  decided  upon  the  proclamation  and  the 
form  of  it — I  wrote  it  the  next  morning  and 
printed  it  ihe  same  day.  I  did  it  without  con 
sultation  or  advice  with  any  one,  acting  solely 
with  my  best  judgment  to  serve  the  country  and 
yourself,  and  perfectly  willing  to  receive  the 
amount  of  censure  which  should  be  thought 
due,  if  I  had  made  a  false  movement.  This  is 
as  much  a  movement  in  the  war  as  a  battle,  and 
in  going  into  these  I  shall  have  to  act  accord 
ing  to  my  judgment  of  the  ground  before  me, 
as  1  did  on  this  occasion.  If,  upon  reflection, 
your  better  judgment  still  decides  that  I  am 
wrong  in  the  article  respecting  the  liberation 
of  slaves,  I  have  to  ask  that  you  will  openly 
direct  me  to  make  the  correction.  The  implied 
censure  will  be  received  as  a  soldier  always 
should  the  reprimand  of  his  chief.  If  I  were  to 
retract  of  my  own  accord,  it  would  imply  that 
I  myself  thought  it  wrong,  and  that  I  had  acted 
without  the  reflection  which  the  gravity  of  the 
point,  demanded.  But  I  did  not.  I  acted  with 
full  d  liberation,  and  upon  the  certain  convic 
tion  that  it  was  a  measure  right  and  necessary, 
and  I  think  so  still. 

In  regard  to  the  other  point  of  the  proclama 
tion  to  which  you  refer,  1  desire  to  say  that  I 
do  not  think  the  enemy  can  either  misconstrue 
or  urge  anything  against  it,  or  undertake  to 
make  unusual  retaliation.  The  shooting  of  men 
who  shall  rise  in  arms  against  an  army  in  the  mil 
itary  occupation  of  a  country  is  merely  a  neces 
sary  measure  of  defence,  and  entirely  according 
to  the  usages  of  civilized  warfare.  The  article 
docs  not  at  all  refer  to  prisoners  of  war,  and 
certainly  our  enemies  have  no  grounds  for  re 
quiring  that  we  should  waive  in  their  benefit 
any  of  the  ordinary  advantages  which  the 
usages  of  war  allow  to  us. 

As  promptitude  is  itself  an  advantage  in  war, 
I  have  also  to  ask  that  you  will  permit  me  to 
carry  out  upon  the  spot  the  provisions  of  the 
proclamation  in  this  respect. 

Looking  at  affairs  from  this  point  of  view,  I 
am  satisfied  that  strong  and  vigorous  measures 
have  now  become  necessary  to  the  success  of 
our  arms  ;  and  hoping  that  my  views  may  have 
the  honor  to  meet  your  approval, 

I  am,  with  respect  and  regard,  very  truly 
yours. 

The  PRESIDENT.  J.  C.  FREMONT. 

THE  PRESIDENT'S  REJOINDER  ORDERING  A  MODI 
FICATION  OF  THE  PROCLAMATION. 

WASHINGTON,  September  11,  1861. 
SIR:  Yours  of  the  8th,  in  answer  to  mine  of 
^e  2d  instant,  is  just  received.     Assuming  that 


you,  upon  the  ground,  could  better  judge  of  the 
necessities  of  your  position  than  I  could  at  this 
distance,  on  seeing  your  proclamation  of  Au 
gust  30th,  I  perceived  no  general  objection  to 
it.  The  particular  clause,  however,  in  relation 
to  the  confiscation  of  property  and  the  libera 
tion  of  slaves,  appeared  to  me  to  be  objection 
able  in  its  non-cunformity  to  the  act  of  Con 
gress  passed  the  6th  of  last  August  upon  the 
same  subjects  ;  and  hence  I  wrote  you  express 
ing  my  wish  that  that  clause  should  be  modi 
fied  accordingly.  Your  answer,  just  received, 
expresses  the  preference,  on  your  part,  that  I 
should  make  an  open  order  for  the  modifica 
tion,  which  I  very  cheerfully  do.  It  is  there 
fore  ordered  that  the  said  clause  of  said  procla 
mation  be  so  modified,  held,  and  construed  as 
to  conform  to  and  not  to  transcend  the  provis 
ions  on  the  same  subject  contained  in  the  act 
of  Congress  entitled  "An  act  to  confiscate  prop 
erty  used  for  insurrectionary  purposes,"  ap 
proved  August  6,  1861,  and  that  &aid  act  be 
published  at  length  with  this  order. 
Your  obedient  seivant, 

A.  LINCOLN. 
Maj.  Gen.  JOHN  C.  FREMONT. 

GENERAL  FREMONT'S    LETTER    TO    REBEL  COLONEL 
TAYLOR,  EXPLAINING  HIS  PROCLAMATION. 

HEADQUARTERS  WESTERN  DEPARTMENT, 

September  14,  1861. 
Col.  T.  T.  TAYLOR,  Commanding  at  Springfield,  Mo. : 

SIR  :  Yours  of  the  8th  instant,  containing  an  erroneous 
construction  of  my  proclamation  of  the  3<Jth  ultimo,  has 
had  my  attention. 

I  understand  the  object  of  your  note  to  be  to  enquire 
whether  it  was  my  intention  to  shoot  the  wounded  who 
might  be  made  prisoners  by  the  forces  under  my  com 
mand.  The  following  paragraph,  extracted  from  the  pro 
clamation,  will  be  strk-tly  enforced  within  the  lines  pre 
scribed  against  the  class  of  offenders  for  whom  it  was  in 
tended,  viz: 

"  All  persons  who  shall  be  taken  with  arms  in  their 
hands  within  these  lines  shall  be  tried  by  a  court  martial, 
and  if  found  guilty  will  bv.-  shot." 

The  lines  are  expressly  declared  to  be  those  of  the  army 
in  the  military  occupation  of  this  State. 

You  have  wholly  misapprehended  the  meaning  of  the 
proclamation.  Without  undertaking  to  determine  the  con 
dition  of  any  man  engaged  in  this  rebellion,  I  desire  it  to 
bo  clearly  understood  that  the  proclamation  is  intended 
distinctly  to  recognize  the  usual  rights  of  an  open  enemy 
in  the  field,  and  to  be  in  all  respects  strictly  conformable 
with  the  usages  of  war.  It  is  hardly  necessary  for  me  to 
say  that  it  was  not  prepared  with  any  purpose  to  ignore 
the  ordinary  rights  of  humanity  with  respect  to  tho 
wounded  men,  or  those  who  are  humanely  engaged  in  alle> 
viating  their  sufferings. 

J.  C.  FREMONT, 
Major  General  Commanding. 

GENERAL  INSTRUCTIONS  OF  THE  WAR  OFFICE. 
WAR  DEPARTMENT,  October  14, 1861. 

SIR  :  In  conducting  military  operations  within  States  de 
clared  by  the  proclamation  of  the  President  to  be  in  ;i  state 
of  insurrection,  you  will  govern  yourself,  so  far  as  persons 
held  to  service  under  the  laws  of  such  States  are  concerned, 
by  the  principles  of  the  letters  addressed  by  me  to  Major 
General  Butler  on  the  30th  of  May  and  the  8th  of  August, 
copies  of  which  are  herewith  furnished  to  you.  As  special 
directions,  adapted  to  special  circumstances,  cannot  be 
given,  much  must  bo  referred  to  your  own  discretion  as 
commanding  general  of  the  expedition.  You  will,  how 
ever,  in  general  avail  yourself  of  the  services  of  any  persons, 
whether  fugitives  from  labor  or  not,  who  may  offer  them  to 
the  national  Government;  you  will  employ  such  persons  iu 
such  services  as  they  may  be  fitted  for,  either  as  ordinary 
employes,  or,  if  special  circumstances  seem  to  require  it, 
in  any  other  capacity  with  such  organization,  in  squads, 
companies,  or  otherwise,  us  yon  deem  most  beneficial  to  the 
service.  This,  however,  not  to  mean  a  general  arming  of 


248 


REPEAL   OF    THE    FUGITIVE    SLAVE    LAWS, 


them  for  military  service.  You  will  assure  all  loyal  masters 
that  Congress  will  provide  just  compensation  to  them  lor 
the  loss  of  the  services  of  the  persons  so  employed.  It  is 
believed  that  the  course  thus  indicated  will  best  secure  the 
substantial  rights  of  loyal  masters,  anil  the  benefits  to  the 
United  Stales  of  the  services  of  all  disposed  to  support  the 
Government,  while  it  avoids  all  interference  with  the  social 
systems  or  local  institutions  of  every  State,  beyond  that 
which  insurrection  makes  unavoidable,  and  which  a  restora 
tion  of  peaceful  relations  to  the  Union,  under  the  Constitu 
tion,  will  immediately  remove. 

Kespectfully,  SIMON  CAMERON, 

Secretary  of  War. 
Brigadier  General  T.  W.  SHERMAN, 

Commanding  Expedition  to  the  Southern  Coast. 

In  pursuance  of  these  instructions,  a  procla 
mation  was  issued  by  General  Sherman  to  the 
people  of  South  Carolina,  saying  that — 

In  obedience  to  the  orders  of  the  President  of  these 
United  States  of  America,  I  have  landed  on  your  shores 
with  a  small  force  of  national  troops.  The  dictates  of  a 
duty  which,  under  these  circumstances,  I  owe  to  a  great 
sovereign  State,  and  to  a  proud  and  hospitable  people, 
among  whom  I  have  passed  some  of  the  pleasantest  days 
of  my  life,  prompt  me  to  proclaim  that  we  have  come 
amongst  you  with  no  feelings  of  personal  animosity,  no 
desire  to  harm  your  citizens,  destroy  your  property,  or  in 
terfere  with  any  of  your  lawful  rights  or  your  social  or 
local  institutions,  beyond  what  the  causes  herein  alluded 
to  may  render  unavoidable. 

Major  General  Dix  also  issued  a  proclamation 
to  the  people  of  Accoruac  arid  Northampton 
counties,  Virginia,  dated  November  13,  18G1, 
beginni  g  as  follows  : 

The  military  forces  of  the  United  States  are  about  to 
enter  your  counties  as  a  part  of  the  Union.  They  will  go 
among  you  as  friends,  and  with  the  earnest  hope  that  they 
may  not,  by  your  own  acts,  be  forced  to  become  your  ene 
mies.  They  will  invade  no  rights  of  person  or  property. 
On  the  contrary,  your  laws,  your  institutions,  your  usages, 
will  bo  scrupulously  respected.  There  need  be  no  fear  that 
the  quietude  of  any  fireside  will  be  disturbed,  unless  the 
disturbance  is  caused  by  yourselves. 

Special  directions  have  been  given  not  to  interfere  with 
the  condition  of  any  person  held  to  domestic  service ;  and, 
in  order  that  there  may  be  no  ground  for  mistake  or  pre 
text  for  misrepresentation,  commanders  of  regiments  and 
corps  have  been  instructed  not  to  permit  any  such  persons 
to  come  within  their  lines. 

The  same  day,  Major  General  Wool  issued 
this  order: 

HEADQUARTERS  DEPARTMENT  OF  VIRGINIA, 

FOKT  MONROE,  October  14,  1861. 
[Special  Orders  No.  72.  j 

All  colored  persons  called  contrabands,  employed  as  ser 
vants  by  officers  and  others  residing  within  Fort  Monroe, 
or  outside  of  the  Fort  at  Camp  Hamilton  and  Camp  Butler 
will  be  furnished  with  their  subsistence  and  at  least  eight 
dollars  per  month  for  males,  and  four  dollars  per  month  for 
females,  by  the  officers  or  others  thus  employing  them. 

So  much  of  the  above  named  sums,  as  m\y  be  necessary 
to  furnish  clothing,  to  be  decided  by  the  Chief  Quartermas 
ter  of  the  department,  will  be  applied  to  that  purpose,  and 
the  remainder  will  be  paid  into  his  hands  to  create  a  fund 
for  the  support  of  those  contrabands  who  are  unable  to 
work  f>r  their  own  support. 

All  able-bodied  colored  persona  who  are  under  the  pro 
tection  of  the  troops  of  this  department,  and  who  are  not 
employed  as  servants,  will  be  immediately  p  it  to  work  in 
either  the  Engineer's  or  Quartermaster's  Department. 

By  command  of  Minor  General  Wool : 

(Signed)  WAI.  D.  WHIFFLE, 

Assistant  Adjutant  General. 

Again,  November  1,  1801 

HEADQUARTERS  DEPARTMENT  OP  VIRGINIA, 

FORT  MONROE,  November  1,  1801. 
[General  Orders  No.  34.] 

The  following  pay  and  allowances  will  constitute  the 
valuation  of  the  labor  of  the  contrabands  at  work  in  the 
Engineer,  Ordnance,  Qua/termaster,  Commissary,  and  Medi 
cal  Departments  at  this  post,  to  be  paid  as  hereinafter  men 
tioned  : 

Class  1st. — Negro  men  over  eighteen  years  of  age,  and 
able  bodied,  ten  dollars  per  month,  one  ration  and  the 
necessary  amount  of  clothing. 

Class  2d. — Negro  boys  from  12  to  18  years  of  age,  and 
sickly  and  infirm  negro  men,  five  dollars  per  month,  one 
ration,  and  the  necessary  amount  of  clothing. 


The  quartermaster  will  furnish  all  the  clothing.  The  de 
partment  employing  these  men  will  furnish  the  subsiflt- 
encc-  specified  above,  and  a*  an  incentive  to  g<»od  behavior 
(to  be  withheld  ).t  the  direction  of  the  chiefs  of  the  depart 
ments  respectively)  each  individual  of  the  first  class  will 
receive  $2  per  month,  and  eacli  individual  of  the  second 
class  $1  per  month,  for  their  own  use.  The  remainder  of 
the  money  valuation  of  their  labor  will  be  turned  over  to 
the  quartermaster,  who  will  deduct  from  it  the  cost  of  the 
clothing  issued  to  them:  the  balance  will  constitute  a  fund 
to  be  expended  by  the  quartermaster  under  thedir«-rtii.n  of 
the  commanding  officer  of  the  department  of  Virginia  lor 
the  support  of  the  women  and  children  and  those  that  are 
unable  to  work. 

For  any  unusual  amount  of  labor  performed  they  may 
receive  extra  pay,  varying  in  amount  from  fifty  cents  to  one 
dollar,  this  to  be  paid  by  the  departments  employing  them, 
to  the  men  themselves,  and  to  be  for  their  own  use. 

Should  any  man  be  prevented  from  working,  on  account 
of  sickness,  for  six  consecutive  days,  or  ten  days  in  any  one 
month,  one  half  of  the  money  value  will  be  paid.  For  be 
ing  prevented  from  laboring  for  a  longer  period  than  ten 
days  in  any  one  month  all  pay  and  allowances  cease. 

By  command  of  Major  General  Wool: 

(Signed)  WM.  D.  WHIFFLE, 

A  Assistant  Adjutant  General. 


GENERAL     HALLECK'S     ORDER    OP    NOVEMBER     20, 

1861.* 

HEADQUARTERS  DEPARTMENT  OF  MISSOURI, 

ST.  Louis,  November  20, 1861. 
[General  Orders  No.  3.] 

I.  It  has  been  represented  that  important  information, 
respecting  the  number  and  condition  of  our  forces,  is  con 
veyed  to  the  enemy  by  means  of  fugitive  slaves  who  are 
admitted  within  our  lines.  In  order  to  remedy  this  ovil, 
it  is  directed  that  no  such  persons  be  hereafter  permitted 
to  enter  the  lines  of  any  camp,  or  of  any  forces  on  the 
march ;  and  that  any  now  within  such  lines  be  immediately 
excluded  therefrom. 


CONTRABANDS    IN    THE  DISTRICT. 

DEPARTMENT  OF  STATE, 
WASHINGTON.  December  4, 1861. 
To  Major  General  GEO.  B.  McCi.ELLAN,  Washington. 

GENERAL:  I  am  directed  by  the  President  to  call  your 
attention  to  the  following  subject: 

Persons  claimed  to  be  held  to  service  or  labor  linger  the 
laws  of  the  State  of  Virginia,  and  actually  employed  in 
hostile  service  against  the  Government  of  the  United 
States,  frequently  escape  from  the  lines  of  the  enemy's 
forces  and  are  received  within  the  lines  of  the  army  of  the 
Potomac. 

This  Department  understands  that  such  persons  after 
wards  coming  into  the  city  of  Washington  are  liable  to  be 
arrested  by  the  city  police,  upon  the  presumption,  arising 
from  coior,  that  they  are  fugitives  from  service  or  labor. 

By  the  4th  section  of  the  act  of  Congress  approved  Au 
gust  6th,  1861,  entitled  "An  act  t-,  confiscate  property 
used  for  insurrectionary  purposes,"  such  hostile  employ 
ment  is  made  a  full  and  sufficient  answer  to  any  further 
chvim  to  service  or  labor.  Persons  thus  employed  and  ew- 
cnping  are  received  into  the  military  protection  of  the 
United  States,  and  their  arrest  as  fugitives  from  service  or 
labor  should  be  immediately  followed  by  the  military  ar 
rest  of  the  parties  making  the  seizure. 

Copies  of  this  communication  will  be  sent  to  the  Mayor 
of  the  city  of  Washington  and  to  the  Marshal  of  the  Dia- 


*  General  Ualleck,  in  a  letter,  thus  explained  the  order : 
HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 
ST.  Louis,  December  8,  1861. 

Mr  DEAR  COLONEL  :  Yours  of  the  4th  instant  is  just  re 
ceived.  Order  No.  3  was,  in  my  mind,  clearly  a  military 
necessity.  Unauthorized  pel-sons,  black  or  white,  free  or 
slaves,  must  be  kept  out  of  our  camps,  unless  we  are  wil 
ling  to  publish  to  the  enemy  everything  we  do  or  intend 
to  do.  It  was  a  military  and  not  a  political  order. 

I  am  ready  to  carry  out  any  lawful  instructions  in  regard 
to  fugitive  slaves  which  my  superiors  may  give  me,  and  to 
enforce  any  law  which  Congress  may  pass.  But  I  cannot 
make  law,  and  will  not  violate  it.  You  know  my  private 
opinion  on  the  policy  of  confiscating  the  slave  property  of 
rebels  in  arms.  If  Congress  shall  pass  it,  you  may  be  cer 
tain  that  I  shall  enforce  it.  Perhaps  my  policy  as  to  the 
treatment  of  rebels  and  their  property  is  as  well  set  out  in 
Order  No.  13,  issued  the  day  your  letter  was  written,  as  I 
could  now  describe  it. 

Hon.  F.  P.  BLAIR,  Washington. 


AND    KINDRED    SUBJECTS. 


249 


trict  of  Colun  bin,  that  f»^y  collision  between  the  civil  and 
military  authorities  may  be  avoided. 
I  am  General,  your  very  obedient, 

WILLIAM  II.  SEWARD. 


FROM  T1JE  HEPORT    OF    THE    SECRETARY     OF    WAR, 
DEC.   1,    1861. 

It  is  already  a  grave  question  what  shall  be  done  with 
those  slaves  \vho  were  abandoned  by  their  owners  on  the 
advance  of  our  troops  into  southern  territory,  as  at  Bean- 
fort  district,  in  South  Carolina.  Tho  number  left  within 
our  control  at  that  point  is  very  considerable,  and  similar 
cases  will  probably  occur.  What  shall  be  done  with  them? 
Can  we  afford  to  send  them  forward  to  their  masters,  to  be 
bv  them  armed  against  us,  or  used  in  producing  supplies 
to  sustain  the  rebellion?  Their  labor  may  be  useful  to  us ; 
withheld  from  the  enemy  it  lessens  his  military  resources. 
and  withholding  them  has  no  tendency  to  induce  the 
horrors  of  insurrection,  even  in  the  rebel  communities. 
They  constitute  a  military  resource,  and,  being  such,  that 
they  should  not  be  turned  over  to  the  enemy  is  too  plain  to 
discuss.  Why  deprive  him  of  supplies  by  a  blockade,  and 
voluntarily  give  him  men  to  produce  them? 

The  disposition  to  be  made  of  the  slaves  of  rebel?,  after 
the  close  of  tho  war,  can  be  safely  left  to  the  wisdom  and 
patriotism  of  Congress.  The  Representatives  of  the  people 
will  unquestionably  secure  to  the  loyal  slaveholders  every 
right  to  which  they  are  entitled  under  the  Constitution  of 
the  country. 

SIMON  CAMERON, 

Secretary  of  War. 

It  is  understood  that  the  Report  of  the  Sec 
retary  of  War,  as  originally  prepared  was  as 
follows,  and  that  it  was  modified  at  the  request 
of  the  PRESIDENT  : 

It  has  become  a  grave  question  for  determination  what 
shall  be  done  with  the  slaves  abandoned  by  their  owners  on 
the  advance  of  our  troops  into  southern  territory,  as  in  the 
Beaufort  district  of  South  Carolina.  The  whole  white  popu 
lation  therein  is  six  thousand,  while  the  number  of  negroes 
exceeds  thirty-two  thousand.  The  panic  which  drove  their 
masters  in  wild  confusion  from  their  homes,  leaves  them  in 
undisputed  possession  of  the  soil.  Shall  they,  armed  by 
their  masters,  be  placed  in  tho  field  to  fight  against  us,  or 
shall  their  labor  be  continually  employed  in  reproducing 
the  means  for  supporting  the  armies  of  rebellion? 

The  war  into  which  this  Government  has  been  forced  by 
rebellious  traitors  is  carried  on  for  the  purpose  of  reposses 
sing  the  property  violently  and  treacherously  seized  upon 
by  the  enemies  of  the  Government,  and  to  re-establish  the 
authority  and  laws  of  the  United  States  in  the  places  whers 
it  is  opposed  or  overthrown  by  armed  insurrection  and  re 
bellion.  Its  purpose  is  to  recover  and  defend  what  is  justly 
its  own. 

War,  even  between  independent  nations,  is  made  to 
subdue  the  enemy,  and  all  that  belongs  to  that  enemy,  by 
occupying  the  hostile  country,  and  exercising  dominion 
over  all  the  men  and  things  within  its  territory.  This 
being  true  in  respect  to  independent  nations  at  war  with 
each  other,  it  follows  that  rebels  who  are  laboring  by  force 
of  arms  to  overthrow  a  Government,  justly  bring  upon 
themselves  all  the  consequences  of  war,  and  provoke  th« 
destruction  merited  by  the  worst  of  crimes.  That  Govern 
ment  would  be  false  to  national  trust,  and  would  justly 
excite  the  ridicule  of  tho  civilized  world,  that  would  abstain 
from  the  use  of  any  efficient  means  to  preserve  its  own 
existence,  or  to  overcome  a  rebellious  and  traitorous  enemy, 
by  sparing  or  protecting  the  property  of  those  who  are 
waging  war  against  it. 

The  principal  wealth  and  power  of  the  rebel  States  is 
a  peculiar  species  of  property,  consisting  of  the  service  or 
labor  of  African  slaves,  or  the  descendants  of  Africans. 
This  property  has  been  variously  estimated  at  the  value  of 
from  seven  hundred  million  to  one  thousand  million  dollars. 

Why  should  this  property  be  exempt  from  the  hazards 
and  consequences  of  a  rebellious  war? 

It  was  the  boast  of  the  leader  of  the  rebellion,  while  he 
yet  had  a  seat  in  the  Seriate  of  the  United  States,  that  the 
southern  States  would  be  comparatively  safe  and  free  from 
the  burdens  of  war,  if  it  should  be  brought  on  by  the  con 
templated  rebellion,  arid  that  boast  was  accompanied  by 
the  savage  threat  that  "northern  towns  and  cities  would 
become  the  victims  of  rapine  and  military  spoil,"  and  that 
'•northern  men  should  smell  southern  gunpowder  and  feel 
southern  steel."  No  one  doubts  the  disposition  of  the 
rebels  to  cany  that  threat  into  execution.  The  wealth  of 
northern  towns  and  cLties,  the  produce  of  northern  farms, 
northern  workshops  and  manufactories  would  certainly  be 
seized,  destroyed,  or  appropriated  as  military  spoil.  No 
property  in  the  North  would  be  spared  from  the  hands  of 


the  rebels,  and  their  rapine  would  be  defended  under  the 
laws  of  war.  While  the  loyal  States  thus  have  all  their 
property  and  possessions  at  stake,  are  the  insurgent  rel  els 
to  carry  on  warfare  against  tho  Government  in  peace  and 
security  to  their  own  property  ? 

Reason  and  justice  and  self-preservation  forbid  that 
such  should  be  the  policy  of  this  Government,  but  demand, 
on  the  contrary,  that,  being  forced  by  traitors  and  rebels  to 
the  extremity  of  war,  all  the  rights  and  powers  of  war 
should  be  exercised  to  bring  it  to  a  speedy  end. 

Those  who  war  against  the  Government  justly  forfeit 
all  rights  of  property,  privilege,  or  security,  derived  from 
the  Constitution  and  laws,  against  which  they  are  in  armed 
rebellion ;  and  as  the  labor  and  service  of  their  slaves  con 
stitute  the  chief  property  of  the  rebels,  such  prop-ji'ty  should 
share  the  common  fate  of  war  to  which  they  have  devoted 
the  property  of  loyal  citizens. 

While  it  is  plain  that  the  slave  property  of  the  South  is 
justly  subjected  to  all  the  consequences  of  this  rebellions 
war, 'and  that  the  Government  would  be  untrue  to  its  trust 
in  not  employing  all  the  rights  and  powers  of  war  to  bring 
it  to  a  speedy  close,  the  details  of  the  plan  for  doing  so,  like 
all  other  military  measures,  must,  in  a  great  degree,  be  left 
to  be  determined  by  particular  exigencies.  The  disposition 
of  other  property  belonging  to  the  rebels  that  becomes  sub 
ject  to  our  arms  is  governed  by  the  circumstances  of  tho 
case.  The  Government  has  no  power  to  hold  slaves,  none 
to  restrain  a  slave  of  his  liberty,  or  to  exact  his  service.  It 
has  a  right,  however,  to  use  the  voluntary  service  of  slaves 
liberated  by  war  from  their  rebel  masters,  like  any  other 
property  of  the  rebels,  in  whatever  mode  may  be  most  effi 
cient  for  the  defence  of  the  Government,  the  prosecution  of 
the  war,  and  the  suppression  of  rebellion.  It  is  clearly  a 
right  of  the  Government  to  arm  slaves  when  it  may  become- 
necessary  as  it  is  to  take  gunpowder  from  the  enemy. 
Whether  it  is  expedient  to  do  so  is  purely  u  military  ques 
tion.  The  right  is  unquestionable  by  the  laws  of  war.  The 
expediency  must  be  determined  by  circumstances,  keeping 
in  view  the  great  object  of  overcoming  the  the  rebels,  re-es- 
tablishirig  the  laws,  and  restoring  peace  to  the  nation. 

It  is  vain  and  idle  for  the  Government  to  carry  on  this 
war,  or  hope  to  maintain  its  existence  against  rebellious 
force,  without  employing  all  the  rights  and  powers  of  war. 
As  has  been  said,  the  right  to  deprive  the  rebels  of  their 
property  in  slaves  and  slave  labor  is  as  clear  and  abso 
lute  as  the  right  to  take  forage  from  the  field,  or  cotton  from 
the  warehouse,  or  powder  and  arms  from  the  magazine.  To 
leave  the  enemy  in  the  possession  of  such  property  as  for 
age  and  cotton  and  military  stores,  and  the  means  of  con 
stantly  reproducing  them,  would  be  madness.  It  is,  there 
fore,  equal  madness  to  leave  them  in  peaceful  and  secure 
possession  of  slave  property,  more  valuable  and  efficient  to 
them  for  war  than  forage,  cotton,  and  military  stores.  Such 
policy  would  be  national  suicide.  Wrhat  to  do  with  that 
species  of  property  is  aquestion  that  timeand  circumstances 
will  solve,  and  need  not  be  anticipated  further  than  to  re 
peat  that  they  cannot  be  held  by  the  Government  as  slaves. 
It  would  l>e  useless  to  keep  them  as  prisoners  of  war;  and 
self-preservation,  the  highest  duty  of  a  Government,  or  of 
individuals,  demands  that  they  should  be  disposed  of  or  em 
ployed  in  tho  most  effective  manner  that  will  teud  most 
speedily  to  suppress  the  insurrection  and  restore  the  author 
ity  of  the  Government.  If  it  shall  be  found  that  the  men 
who  have  been  held  by  the  rebels  as  slaves  are  capable  of 
bearing  arms  and  performing  efficient  military  service,  it  is 
the  right,  and  may  become  the  duty,  of  this  Government  to 
arm  and  equip  them,  and  employ  their  services  against  the 
rebels,  under  proper  military  regulations,  discipline,  and 
command. 

But  in  whatever  manner  they  may  be  used  by  the  Gov 
ernment,  it  is  plain  that,  once  liberated  by  the  rebellious 
act  of  their  masters,  they  should  never  again  be  restored  to 
bondage.  By  the  master's  treason  and  rebellion  he  forfeits 
all  right  to  the  labor  and  service  of  his  slave ;  and  the  slave 
of  tho  rebellious  master,  by  his  service  to  the  Government, 
becomes  justly  entitled  to  freedom  and  protection. 

The  disposition  to  be  made  of  the  slaves  of  rebels,  after 
the  close  of  the  war,  can  be  safely  left  to  the  wisdom  and 
patriotism  of  Congress.  The  representatives  of  the  people 
will  unquestionably  secure  to  the  loyal  slaveholders  every 
right  to  which  they  are  entitled  under  the  Constitution  of 
the  country. 


GENERAL    BURNSIDE'S    PROCLAMATION. 

ROANOKK  ISLAND,  N.  C.,  February  18, 1862. 
To  THE  PEOPLE  OF  NORTH  CAROLINA: 

The  mission  of  our  joint  expedition  is  not  toinvadeany  of 
your  rights,  but  to  assert  the  authority  of  the  Uaited  States, 
and  to  close  with  you  tho  desolating  war  brought  upon 
your  State  by  comparatively  a  few  bad  men  in  jour 
midst.  ***** 

The  Government  asks  only  that  its  authority  may  be  reo- 


250 


REPEAL   OP   THE   FUGITIVE   SLAVE   LAWS, 


ognized :  and  we  repeat,  in  no  manner  or  way  does  it  desire 
to  interfere  with  your  laws,  constitutionally  established, 
your  institutions  of  any  kind  whatever,  your  property  of 
any  sort,  or  your  usages  in  any  respect. 

L.  M.  GOLDSBOROUGH,  Flag  Officer, 
Commanding  North  Carolina  Blockading  Squadron. 

A.  E.  BURN6JDE,  BrigwHer  General, 
Commanding  Department  of  North  Carodna. 

GENERAL    HALLECIi's    PROCLAMATION. 

HEADQUARTERS  DEPARTMENT  OF  MISSOURI, 

ST.  Louis,  February  2:j,  1862. 

The  major  general  commanding  the  depari  ment  desires 
to  impress  upon  all  officers  the  importance  of  preserving 
goud  order  and  discipliun  among  their  troops  as  the  armies 
of  the  West  advance  into  Tennessee  and  the  southern 
States.  *  *  * 

Soldiers  i  let  no  excess  on  your  part  tarnish  the  glory  of 
our  urms! 

The  order  heretofore  issued  in  this  department,  in  regard 
to  pillaging  and  marauding,  the  destruction  of  private  prop 
erty,  mid  the  stealing  or  concealment  of  slaves,  must  be 
strictly  enforced.  It  does  not  belong  to  the  military  10  de 
cide  upon  the  relation  of  master  and  slave.  Such  questions 
must  he  settled  by  the  civil  courts.  No  fugitive  slave  will 
thereto: e  he  admitted  within  our  lines  or  camps,  except 
when  specially  ordered  by  the  general  commanding.  * 

Military  stores  and  the  public  property  of  the  enemy  must 
be  surrendered,  and  any  attempt  to  conceal  such  property, 
by  fraudulent  transfer  or  otherwise,  will  he  punished,  but 
110  private  property  will  be  touched  uc'ess  by  order  of  the 
general  commanding  Wherever  it  becomes  recessary  to 
obtain  forced  contributions  for  the  supply  and  subsistence  of 
our  troops,  such  levies  will  be  made  as  light  as  possible, 
and  be  so  distributed  as  to  produce  no  distress  among  the 
people.  All  property  so  taken  must  be  receipted  and  fully 
accounted  for,  as  heretofore  directed. 

These  orders  will  be  rend  at  th«  head  of  every  regiment, 
and  all  oilicers  are  commanded  to  strictly  enforce  them. 

By  command  of  Major  General  llulkck: 

N    H.  M-LEAN,  Adjutant  General. 

GENERAL  BUELL'S  LETTER. 

HEADQUARTERS  DEPARTMENT  OF  THE  OHIO, 

Nashville,  March  6, 1862. 

DEAR  SIR  :  I  have  had  the  honor  to  receive  your  commu 
nication  ol'  the  1st  instant  on  the  subject  of  fugitive  slaves 
in  the  camps  of  the  army. 

It  has  come  to  my  knowledge  that  slaves  sometimes  make 
their  way  improperly  into  our  lines,  and  in  some  instances 
they  may  he  enticed  there,  but  I  think  the  number  has 
been  magnified  by  report.  S"veral  applications  have  been 
made  to  me  by  persons  whose  servants  have  been  found  in 
our  camps,  and  in  every  instance  that  I  know  of  the  master 
has  reco » ered  his  servant  and  taken  him  away. 

I  need  hardly  remind  you  that  Ihero  will  always  be  found 
some  lawless  and  mischievous  persons  i:i  every  army  ;  but 
I  assure  you  that  themas^  of  this  army  is  law-abiding,  and 
that  it  is  neither  its  disposition  nor  its  policy  to  violate  law 
or  the  rights  of  individuals  in  any  particular. 
With  great  respect,  your  obedient  servant, 

D.  C.  BUELL, 

Brig.  Gen.  Commanding  Department. 
Hon.  J.K.  UNDERWOOO, 

Chairman  Military  Committee,  Frankfort,  Ky. 


GENERAL    HOOKER'S  ORDER  IN  A  FUGITIVE  SLAVE 
CASE. 

HEADQUARTERS,  HOOKER'S  DIVISION,  CAMP  BAKER, 

LOWER  POTOMAC,  March  26,  1862. 

To  BRIGADE  AND  REGIMENTAL  COMMANDERS  OF  THIS  DIVISION  : 
Messrs.  Nally,  Gray,  Dummiugtou,  Dent,  Adams,  Speake, 
Price,  Posey,  and  Cobey,  citizens  of  Maryland,  have  negroes 
supposed  to  be  with  some  of  the  regiments  of  this  division; 
the  brigadier  general  commanding  directs  that  they  be 
permitted  to  visit  all  tho  camps  of  his  command,  in  search 
of  their  property,  and  if  found,  that  they  bo  allowed  to  take 
possession  of  the  same,  without  uny  interference  whatever. 
Should  any  obstacle  bo  thrown  in  their  way  by  any  officer 
or  soldier  in  tho  division,  they  will  be  at  onco  reported  by 
the  regimental  commanders  to  these  headquarters. 
By  command  of  Brigadier  General  Hooker: 

JOSEPH  DICKINSON, 
Assistant  Adjutant  General. 

The  following  report  was  made  in  relation  to 
said  order  by  direction  of  General  Sickles: 

HEADQUARTERS  SECOND  REGIMENT,  EXCELSIOR  BRIGADE, 

CAMP  II.VLL,  March  27, 1862. 
LIEUTENANT  :  In  compliance  with  verbul  directions  from 


Brigadier  General  D.  E.  Sickles,  to  report  as  to  the  occur 
rence  at  this  camp  on  the  afternoon  of  the  2Cth  instant,  I 
beg  leave  to  submit  the  following  : 

At  about  3.!JO  o'clock  p.  m.,  March  26,  1862,  admission 
within  our  lines  was  demanded  by  a  party  of  horsemen, 
(civilians,)  numbering,  perhaps,  fifteen.  They  presented 
the  lieutenant  commanding  the  guard  with  an  order  of  en 
trance  from  Brigadior  General  Joseph  Hooker,  command 
ing  division,  (copy  appended,)  the  order  stating  that  nine 
ni"n  .-hould  b<«  admitted.  I  ordered  that  tbehdUwcti  of  the 
party  should  remain  without  the  lines;  which  w.is  done. 
Upon  the  appearance  of  tho  others,  there  was  visible  dis- 
sal  inaction  and  considerable  murmuring  among  the  sol 
diers,  to  so  great  an  extent  that  I  al  most  feared  for  the  safety 
of  the  slave-owners.  At  this  timii  General  tickles  oppor 
tunely  arrived,  and  instructed  me  to  order  them  outside  the 
camp,  which  I  did,  amidst  tho  loud  cheers  of  our  soldiers. 
It  is  proper  to  add,  that  before  entering  our  lines,  and  within 
about  seventy-five  or  one  hundred  yards  of  our  camp,  oi,e> 
of  their  number  discharged  two  pistol  shots  at  a  negro,  who 
was  running  past  them,  with  an  evident  intention  of  taking 
his  life.  This  justly  enraged  our  men. 

All  of  which  is  respectfully  submitted. 

Your  obedient  servant,  JOHN  TOLEN, 

Major  Commanding  !&cond  Regiment,  £.  B. 
To  Lieutenant  J.  L.  PALMER,  Jr., 

A.  D.  C.  and  A.  A.  A.  General. 


GENERAL  DOUBLWDAY'S  ORDER. 

HEADQUARTERS  MILITARY  DEFENSES 
NORTH  OF  THE  POTOMAC, 

WASHINGTON,  April  6, 1862. 

SIR  :  I  am  directed  by  General  Doubleday  to  say,  in  an 
swer  to  your  letter  of  the2d  instant,  that  all  negroes  coming 
into  the  lines  of  any  of  the  camps  or  fort?  under  his  com 
mand,  are  to  be  treated  as  persons,  and  not  as  chattels. 

Under  no  circumstances  has  the  commander  of  a  fort  or 
camp  the  power  of  surrendering  persons  claimed  as  fugitive 
slaves,  as  it  cannot  he  done  without  determining  their 
character. 

The  additional  article  of  war  recently  passed  by  Congress 
positively  prohibits  this. 

The  question  has  been  asked,  whether  it  would  not  bt> 
better  to  exclude  negroes  altogether  from  the  lines.  Tha 
general  is  of  the  opinion  that  they  bring  much  valuable  in 
formation,  which  cannot  be  obtained  from  any  other  source. 
They  are  acquainted  with  all  the  roads,  paths,  fords,  and 
other  natural  features  of  the  country,  and  they  make  excel 
lent  guides.  They  also  know  and  frequently  have  exposed 
the  haunts  of  secession  spies  and  traitors  and  the  existence 
of  rebel  organizations.  They  will  not,  therefore,  be  ex 
cluded. 

The  general  also  directs  me  to  say  that  civil  process  can 
not  be  served  directly  in  the  camps  or  forts  of  his  command, 
without  full  authority  be  obtained  from  the  commanding 
officer  for  that  purpose. 

I  am,  very  respectfully,  your  obedient  servant, 

E.  P.  HALSTED, 
Assistant  Adjutant  General. 
Lieut.  Col.  JOHN  D.  SHAUL, 

Commanding  16th  Reg.  N.  Y.  Vols. 

PRESIDENT'S  PROCLAMATION  RESCINDING  GENERAL 
HUNTER'S  PROCLAMATION — MAY  19,  1862. 

Whereas  there  appears  in  the  public  prints 
what  purports  to  be  a  proclamation  of  Major 
General  Hunter,  in  the  words  and  figures  t'oU 
lowing,  to  wit: 

HEADQUARTERS  DEPARTMENT  OF  THE  SOUTH, 

HILTON  HEAD,  S.  C.,  May  9,  1862. 
,  [General  Orders  No.  11.] 

The  three  States  of  Georgia,  Florida,  and  South  Carolina, 

comprising  the  military  department  of  the  South,  having 

deliberately  declared  themselves  no  longer  under  the  pro- 

'  tection  of  the  United  States  of  America,  and  having  taken 

S  up  arms   against    the   said    United   States,   it   becomes   a 

j  military    necessity   to    declare    them   under   martial    law. 

i  This  was  accordingly  done  on  the  25th  day  of  April,  1862. 

Slavery  and  martial  law  in  a  free  country  are  altogether 

incompatible;  the  persons  in  these  three  States-  -Georgia, 

!  Florida    and  South  Carolina — t ;  retolbro  held  as  slaves,  are 

therefore  declared  forever  free. 


Major  General  Commanding. 
Official : 
ED.  W.  SMITH,  Acting  Assistant  Adjutant  General. 

And    whereas  the  same    is    producing  some 
excitement  and  misunderstanding, 


AND    KINDRED    SUBJECTS. 


251 


Therefore,  I,  ABRAHAM  LINCOLN,  President  of 
the  United  States,  proclaim  and  declare,  that  the 
Government  of  the  United  States  had  no  knowl 
edge,  information,  or  belief,  of  an  intention  on 
the  pf  rt  of  General  Hunter  to  issue  such  a  proc 
lamation  ;  nor  has  it  yet  any  authentic  informa 
tion  that  the  document  is  genuine.  And  further, 
that  neither  G  neral  Hunter,  nor  any  other 
commander,  or  person,  Ins  been  authorized  by 
the  Government,  of  the  United  States  to  make 
proclamations  declaring  the  slaves  of  any  State 
tree;  and  tr.at  the  supposed  proclamation,  now 
in  question,  whether  genuine  or  false,  is 
altogether  void,  so  far  as  respects  such  declara 
tion. 

I  further  make  known  that  whether  it  be 
competent  for  me,  as  Commander- in- Chief  of 
the  Army  and  Navy,  to  declare  the  slaves  of  any 
State  or  States  free,  and  whether,  at  any  time, 
in  any  case,  it  shall  have  become  a  necessity 
indispensable  to  the  maintenance  of  the  Gov 
ernment,  to  exercise  such  supposed  power,  are 
questions  which,  under  my  responsibility,  I  re 
serve  to  myself,  and  which  I  cannot  feel  justi 
fied  in  leaving  to  the  decision  of  commanders 
in  the  field.  These  are  totally  different  ques 
tions  from  those  of  police  regulations  in  armies 
and  camps. 

On  the  sixth  day  of  March  last,  by  a  special 
message,  I  recommended  to  Congress  the  adop 
tion  of  a  joint  resolution  to  be  substantially 
as  follows  : 

Resolved,  That  the  United  States  ought  to  co-operate  with 
any  State  which  may  adopt  a  gradual  abolishment  of  slavery, 
giving  to  such  State  pecuniary  aid,  to  be  used  by  such  State, 
in  its  discretion,  to  compensate  for  the  inconveniences,  pub 
lic  and  private,  produced  by  such  change  of  system. 

The  resolution,  in  the  language  above  quoted, 
was  adopted  by  large  majorities  in  both 
branches  ot  Congress,  and  now  stands  an  au 
thentic,  definite,  and  solemn  proposal  of  the 
nation  to  the  States  and  people  most  immedi 
ately  interested  in  the  subject  matter.  To  the 
people  of  those  States  I  now  earnestly  appeal — 
I  do  not  argue — I  beseech  you  to  make  the  ar 
gument  for  yourselves— you  cannot,  if  you 
would,  be  blind  to  the  signs  of  the  times— I 
beg  of  you  a  calm  and  enlarged  consideration 
of  them,  ranging,  if  it  may  be,  far  above  per 
sonal  and  partisan  politics.  This  proposal 
makes  common  cause  for  a  common  object, 
casting  no  reproaches  upon  any.  It  acts  not. 
the  Pharisee.  The  changes  it  contemplates 
would  come  gently  as  the  dews  of  Heaven,  not 
rending  or  wrecking  anything.  Will  you  not 
embrace  it  ?  So  much  good  has  not  been  done, 
by  one  effort,  in  all  past  lime,  as,  in  the  Provi 
dence  of  God,  it  is  now  your  high  privilege  to 
do.  May  the  vast  future  not  have  to  lament 
that  you  have  neglected  it. 

In  witness  whereof,  I  have  hereunto  set  my 
hand  and  caused  the  seal  of  the  United  States 
to  be  affixed. 

Done  nt  the  City  of  Washington  this  nine 
teenth  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-two, 
and  of  the  Independence  of  the  United  States 
the  eighty-sixth. 

ABRAHAM  LINCOLN. 
By  the  President: 

WILLIAM  H.  SEWARD,  Secretary  of  State. 


AN    ORDER   OF    MAJOR    GENERAL    MCDOWELL. 

HEADQUARTERS  DEPARTMENT  OP  THE  RAPPAHANNOCK, 

OPPOSITE  FREDERICKSBCRG,  VA.,  May  '26, 1862. 
[Special  O.'der  No.  68.] 

Colonel  Meredith,  commanding  the  fifty-sixth  Pennsylva 
nia  volunteers  will  furnish  from  his  regiment  a  guard  lor 
the  house  and  property  of  Mr.  L.  J.  Huffman,  who  lives 
near  Belle  Plain.  Colonel  Meredith  will  see  that  no  more 
corn  is  taken  from  Mr.  Huffman,  and  that  no  more  fencing 
is  disturbed.  The  guard  will  be  so  placed  as  to  make  this 
sure,  even  if  it  should  be  necessary  to  place  a  sentinel  over 
every  panel  of  fence. 
By  command  of  Major  General  McDowell : 

SAMUEL  BRECK,  A.  A.  G. 
COL.  S.  A.  MEREDITH, 

Commanding  fifty-sixth  Pennsylvania  Volunteers. 
Sent  by  Mr.  Huffman. 
I  certify  that  the  above  is  a  true  copy, 

E.  P.  HALSTEU,  Capt.,  A.  A.  G. 

AN  ORDER  OP  GENERAL  T.  WILLIAMS. 

HEADQUARTERS  SECOND  BRIGADE, 

BATON  ROUGE,  June  5, 1862. 
[General  Orders  No.  46.] 

In  consequence  of  the  demoralizing  and  disorganizing 
tendencies  to  the  troops  of  harboring  runaway  negroes,  it 
is  hereby  ordered  that  the  respective  commanders  of  the 
camps  and  garrisons  of  the  several  regiments,  second  brig 
ade,  turn  all  such  fugitives  in  their  camps  or  garrisons  out 
beyond  the  limits  of  their  respective  guards  and  sentinels. 
By  order  of  Brigadier  General  T.  Williams : 

WICKHAM  HOFFMAN, 
Assistant  Adjutant  General. 

Colonel  H.  E.  Paine,  Fourth  Wisconsin,  de 
clined  to  have  his  regiment  employed  "in  vio 
lation  of  law  for  the  purpose  of  returning  fugi 
tives  to  rebels,"  and  reported  that  he  could  not 
obey  the  order.  He  was  then  placed  under 
arrest,  his  command  devolving  on  the  next 
ranking  officer. 

Lieutenant  Colonel  D.  R.  Anthony,  Seventh 
Kansas,  issued  this  order  : 

HEADQUARTERS  MITCHELL'S  BRIGADE, 
ADVANCE  COLUMN,  FIRST  BRIGADE,  FIRST  DIVISION, 

GENERAL  ARMY  OF  THE  MISSISSIPPI, 
CAMP  ETHERIDGE,  TENNESSEE,  June  18, 1862. 
[General  Orders  No.  26.] 

1.  The  impudence  and  impertinence  of  the  open  and 
armed  rebels,  traitors,  secessionists,  and  southern-rights 
men  of  this  section  of  the  State  of  Tennessee,  in  arrogantly 
demanding  the  right  to  search  our  camp  for  fugitive  slaves,. 
has  become  a  nuisance,  and  will  no  longer  be  tolerated. 

Officers  will  see  that  this  class  of  men,  who  visit  our  camp 
for  this  purpose,  are  excluded  from  our  lines. 

2.  Should  any  such  person  be  found  within  our  lines,  they 
will  be  arrested  and  sent  to  headquarters. 

3.  Any  officer  or  soldier  of  this  command  who  shall  ar 
rest  and  deliver  to  his  master  a  fugitive  slave  shall  be  sum 
marily  and  severely  punished,  according  to  the  laws  relative 
to  such  crimes. 

4.  The  strong  Union  sentiment  in  this  section  is  most 
gratifying,  and  all  officers  and  soldiers,  in  their  intercourse 
with  the  loyal  and  those  favorably  disposed,  are  requested 
to  act  in  their  usual  kind  and  courteous  manner  and  protect 
them  to  the  fullest  extent. 

By  order  of  D.  R.  Anthony,  Lieutenant  Colonel  Seventh 
Kansas  volunteers,  commanding : 

W.  W.  II.  LAWRENCE, 
Captain  and  Assistant  Adjutant  General. 

And  was  put  under  arrest. 


SECRETARY  OF  WAR  TO  GENERAL  SAXTON. 

WAR  DEPARTMENT. 

WASHINGTON  CITY,  D.  O.t  June  16,  1862. 
SIR  :  You  are  hereby  assigned  to  duty  in  the  department 
f  the  South,  to  act  under  orders  of  the  Secretary  of  War. 
You  are  directed  to   take  possession  of  all  the  plantations 
heretofore  occupied  by  the  rebels,  and  take  charge  of  the 
inhabitants  remaining  thereon  within  the  department,  or 
which  the  fortunes  of  war  may  hereafter  bring  into  it,  with 
authority  to  take  such  measures,  make  such  rules  and  reg 
ulations  for  the  cultivation  of  the  land,  and  for  the  protec 
tion,  employment,  and  government  of  the  inhabitants  as 
circumstances  may  seern  to  require. 
You  are  authorized  to  exercise  all  sanitary  and  polica 


•252 


REPEAL  OF  THE  FUGITIVE  SLAVE  LAWS, 


fxpwers  that  may  be  necessary  for  tho  health  and  sectn  ity    scent.    Such  persons  will  be  regarded  by  thb  army,  as  they 


of  tin-  persons  under  your  charge,  and  may  imprison  or 
exclude  ai!  disorderly,  disobedient,  or  dangerous  persons 
from  the  limits  of  your  operations. 

The  major  general  commanding  tho  department  of  the 
•South  will  be  instructed  to  give  you  all  the  military  aid  and 
protection  necessary  to  enable  you  to  carry  out  the  views 
of  the  Government.  You  will  have  the  power  to  act  upon 
tho  decisions  of  courts-martial  which  are  called  for  the 
trial  of  persons  not  in  the  military  service  to  the  same  ox- 
tent  that  a  commander  of  a  department  has  over  courts- 
martial  called  for  tho  trial  of  soldiers  in  his  department ; 
and,  so  far  as  the  persons  above  described  are  concerned, 
you  will  also  have  a  general  control  over  the  action  of  the 
provost  marshals. 

It  is  expressly  understood  that, so  far  as  tho  persons  anc1 
purposes  herein  specified  are  concerned,  your  action  wil. 
be  independent  of  that  of  the  other  military  authorities  01' 
the  department,  and  in  all  other  cases  subordinate  only  to 
the  major  general  commanding. 

In  cases  of  need  or  destitution  of  the  inhabitants,  you  are 
-directed  to  issue  such  portions  of  the  army  rations  and 
such  articles  of  clothing  as  may  be  suitable  to  the  habits 
and  wants  of  tho  persons  supplied,  which  articles  will  be 
furnished  by  the  quartermaster  and  commissary  of  the  de 
partment  of  the  South  upon  requisitions  approved  by  your 
self.  It  is  expected  that  by  encouraging  industry,  skill  in 
tho  cultivation  of  the  necessaries  ol  life,  and  general  self- 
improvement,  you  will,  as  far  as  possible,  promote  tho 
real  well  being  of  all  people  under  your  supervision. 

Medical  and  ordnance  supplies  wi'l  be  furnished  by  the 
proper  officers,  which  you  will  distribute  and  use  according 
to  your  instructions. 

You  will  account  regularly  with  the  proper  bureaus  of 
this  department  and  report  frequently — onco  a  week,  at 
least.  Yours,  truly, 

EDWIN  M.  STANTOX. 
Secretary  of  War 


GENERAL     INSTRUCTIONS     PROM     THE     PRESIDENT 
THROUGH    THE    WAR   OFFICE.* 

WAR  DEPARTMENT, 
WASHINGTON,  July  22, 1862. 

First.  Ordered  that  military  commanders  'within  the 
States  of  Virginia,  North  Carolina,  Georgia,  Florida.  Ala 
bama,  Mississippi,  Louisiana,  Texas,  and  Arkansas,  in  an 
orderly  manner  seize  and  use  any  property,  real  or  personal, 
•which  may  be  necessary  or  convenient  for  their  several 
commands,  for  supplies,  or  for  other  military  purposes;  and 
(hat  while  property  may  be  destroyed  for  proper  military 
objects,  none  shall  be  destroyed  in  wantonness  or  malice. 

Second.  That  military  and  naval  commanders  shall  em 
ploy  as  laborers,  within  and  from  said  States,  so  many  per 
sons  of  African  descent  as  can  bo  advantageously  used  for 
military  or  naval  purposes,  giving  them  reasonable  wages 
for  their  labor. 

Third.  That,  as  to  both  property,  and  persons  of  African 
descent,  aeccounts  shall  be  l:apt  sufficiently  accurate  and  in 
detail  to  Rhow  quantities  nzA  amounts,  and  from  whom  both 
property  ai.^  o»ica  persons  shall  have  come,  as  a  basis  upon 
which  compensation  can  bo  made  in  proper  cases;  and 
tho  several  departments  of  this  Government  shall  attend  to 
and  perform  their  appropriate  parts  towards  the  execution 
of  these  orders. 

By  order  of  the  President : 

EDWIN  M.  STANTON, 

Secretary  of  War. 


GEN.  M'CLELLAN'S  PROMULGATION  OF  IT. 
August   9,   1862 — Major  General  McClellan, 

from  liis  headquarters  at  Harrison's   Landing,  I  tci%  or  other  necessaries  ot  life:  that  to  this  end  they  ihoold 
promulgated  this  order,  with  directions  for  its    ^SSSS^ 


heretofore  have  been,  as  occupying  nimply  a  peculiar  legal 
status  under  State  laws,  which  condition  the  military  au 
thorities  of  the  United  Mates  are  not  required  to  regard  at 
all  in  districts  where  military  operations  are  made  neces 
sary  by  the  rebellious  action  of  the  State  governments. 

Persons  subject  to  suspicion  of  hostile  purposes,  residing 
or  beiu^  near  our  forces,  will  be,  as  heretofore,  subject  to 
arrest  and  detention,  until  tho  cause  or  necessity  is  re 
moved.  All  auch  arrested  parties  will  be  sent,  us  usual,  to 
the  Provost  Marshal  General,  with  astatenr-nt  of  the  facta 
in  each  case. 

The  general  commanding  takes  this  occasion  to  remind 
the  officers  and  soldiers  of  this  army  that  we  are  engaged 
in  supporting  the  Constitution  and  the  laws  of  th«  United 
States  and  suppressing  rebellion  against  their  authority; 
that  we  are  not  engaged  in  a  war  of  rapine,  revenge,  or 
subjugation  ;  that  this  is  not  a  contest  against  populations, 
but  against  armed  forces  arid  political  organizations;  that 
it  is  a  struggle  carried  On  with  the  United  Mates,  and  should 
be  conducted  by  us  upon  th<;  highest  principles  known  to 
Christian  civilization. 

Since  this  army  commenced  active  operations,  persons  of 
African  descent,  including  those  held  to  service  or  labor 
under  State  laws,  have  always  been  received,  protected,  and 
employed  us  laborers  at  wages.  Hereafter  it  shall  be  the 
duty  of  the  Provost  Marshal  General  to  cause  lists  to  be 
made  of  all  persons  of  African  descent  employed  in  thi» 
army  as  laborers  for  military  purposes — such  lists  beins 
made  sufficiently  accurate  and  in  detail  to  show  from  whom 
such  persons  *ha)l  have  come. 

Persons  so  subject  and  so  employed  have  always  under 
stood  that  after  being  received  into  the  military  service  of 
the  United  Stales,  in  any  capacity,  they  could  never  be  re 
claimed  by  their  former  holders.  Except  upon  such  under 
standing  on  their  part  the  order  of  the  President,  as  to  this 
class  of  persons,  would  be  inoperative.  The  general  com 
manding  therefore  feels  authorized  to  declare  to  all  such 
employees,  that  they  will  receive  permanent  military  pro 
tection  against  any  compulsory  return  to  a  condition  of 
servitude. 

By  command  of  Major  General  McClellan  : 

S.  WILLIAMS, 
Assistant  Adjutant  General. 

MAJOR  GENERAL  BUTLER  AND  BRIGAD1ERGENERAL 
PHELPS. 

August  2,  1862 — Major  General  Benjamin  F. 
Butler,  commanding  Department  of  the  Gulf, 
declined  to  approve  of  the  conduct  of  Brigadier 
General  J.  W.  Phelps,  in  organizing  five  com 
panies  of  negroes,  whom  he  proposed  to  arm 
and  equip,  upon  the  ground  that  the  President 
alone  had  the  authority  to  employ  Africans  in 
arms,  and  that  he  had  not  indicated  this  pur 
pose.  General  Phelps  resigned  his  commission 
in  consequence. 

REPLY  OF  THE  WAR  DEPARTMENT  ON  THE  CASE. 

WAR  DEPARTMENT, 
WASHINGTON  CITY,  July  3, 1862. 

GENERAL:  I  wrote  you  last  under  date  of  the  29th  ultimo, 
and  have  now  to  say  that  your  dispatch  of  the  18th  ultimo, 
with  tho  accompanying  report  of  General  Phelps,  concern 
ing  certain  fugitive  negroes  that  have  come  to  his  pickets, 
has  been  considered  by  the  President. 

lie  is  of  opinion  that  under  the  law  of  Congress  they  can 
not  be  sent  back  to  their  master;  that  in  common  humanity 
they  must  not  be  permitted  to  suffer  tor  want  of  food,  i 


departi 

be  set  in  work  and  paid  reasonable  waives. 

In  directing  this  to  be  done,  the  President  does  not  mean, 
at  present,  to  settle  any  general  rule  in  respect  to  slives  <>r 
Inhabitants,  especially  women  and  children,  remaining  |  slavery,  but  simply  to  provide  for  the  particular  caw  under 


observance.     We  quote  several  pertinent  para 
graphs  : 


peaceably  at  their  homes,  must  not  be  molested;  and 
wherever  commanding  ollicers  find  families  peculiarly  ex 
posed  in  tb«ir  persons  or  property  to  mar.iuding  from  this 
army,  they  will,  as  heretofore,  so  far  as  they  can  do  with 
safety  and  without  d&tnment  to  the  service,  post  guards 
for  their  protection. 

In  protecting  private  property,  no  reference  is  intended 
to  persons  held  to  service  or  labor  by  reason  of  African  do- 

*  The  issue  of  this  Order  is  one  of  the  reasons  given 
•by  JEFFERSON  DAVIS  for  his  Order  of  August  1,  1862,  direct 
ing  that  the  commissioned  officers  of  Pope's  and  Steinwehr's 
•commands  be  not  entitled,  M  hen  captured,  to  be  treated  as 
soldiers,  and  entitled  to  the  1(  inetit  of  the  cartel  of  exchange. 


the  circumstances  in  which  it  is  now  presented. 

I  am,  General,  very  respectfully,  your  obedient  servant, 
EDWIN  M.  STANTON. 

Secretary  of  War. 
Major  General  B.  F.  BUTLER, 

Commanding,  <£c.,  New  Orleans,  Louisiana. 

THE  PRESIDENT'S  ORDER  TO  GEN.  SCHOFIELD. 
OCT.  i,  1863. 

*  *  Under  your  recent  order,  which 
I  have  approved,  you  will  only  arrest  individ 
uals,  and  suppress  assemblies  or  newspapers, 


AND    KINDRED    SUBJECTS. 


255 


when  they  may  be  working  palpable  injury  to 
the  military  in  your  charge  ;  and  in  no  other 
case  will  you  interfere  with  the  expression  of 
opinion  in  any  form,  or  allow  it  to  be  inter 
fered  with  violently  by  others.  In  this  you 
have  a  discretion  to'exercise  with  great  caution, 
calmness,  and  forbearance.  * 

I  think  proper,  however,  to  enjoin  upon  you 
the  following  :  Allow  no  part  of  the  military 
under  yoiii'  command  to  be  engaged  in  either  i 
returning  fugitive  slaves,  or  in  forcing  or  en 
ticing  slaves  from  their  homes  ;  and,  so  far  as 
practicable,  enforce  the  same  forbearance  upon 
the  people. 

Report  to  me  your  opinion  upon  the  availa 
bility  for  good  of  the  enrolled  militia  of  the 
State.  Allow  no  one  to  enlist  colored  troops, 
except  upon  orders  from  you,  or  from  here 
through  you. 

Allow  no  one  to  assume  the  functions  of  con 
fiscating  property,  under  the  law  of  Congress, 
or  otherwise,  except  upon  orders  from  here. 

At  elections  see  that  those  and  only  those, 
are  allowed  to  vote,  who  are  entitled  to  do  so 
by  the  laws  of  Missouri,  including  as  of  those 
laws  the  restrictions  laid  by  the  Missouri  Con 
vention  upon  those  who  may  have  participated 
in  the  rebellion. 


GENERAL  TUTTLE'S  ORDERS  AT  NATCHEZ,  MISS., 
MARCH  19,  1864. 

NATCHEZ,  Miss.,  February  16, 1864. 
[General  Order  No.  2.] 

*  *  From  henceforward,  all  contraband  negroes  of 
Natchez  are  forbidden  from  the  renting  of  houses,  and 
living  to  themselves,  lixit  are  required  to  secure  legitimate 
employment  uith  responsible  respectable  persons, or  other- 
wine  be  sent  to  the  contraband  encampment.  Those  hiring 
them  aro  expccti-d  to  aid  in  the  enforcement  of  the  foregoing 
regulations  by  the  proper  employment  of  them  in  their 
families  or  messes. 

The  congregation  of  so  many  negroes  in  one  house,  with 
their  filthy  and  lazy  habits,  ^as  the  undersigned  has  found 
to  be  the  case,)  if  continued,  will  eventually  prove  fatal  to 
the  health  of  the  city. 

All  owners  or  renters  of  houses  are  forbidden  the  renting 
or  suit-renting  of  the  same  to  contraband  negroes  under  a 
penalty  for  so  doing.  Otherwise  it  will  be  impossible  for 
the  undersigned  to  carry  out  a  system  of  sanitary  regula 
tions  essential  to  the  well  being  of  the  city. 

By  order  of  A.  W.  Kelley,  Surgeon  and  Health  Oflicer: 
T.  A.  11ALSTON, 

A.  A.  Gen.  Post. 

NATCHEZ.  (Miss.,)  March  19, 1864. 

To  preserve  the  general  health  of  the  troops  stationed  in 
the  city  of  Natchez  and  of  the  inhabitants,  and  to  guard 
against  the  origination  here,  and  the  introduction  of  pesti 
lential  diseases  the  ensuing  summer  and  autumn,  it  im 
peratively  requires  the  prompt,  vigorous,  and  steady  enforce 
ment  of  the  sanitary  regulations  heretofore  prescribed  in 
this  city. 

It  is  o;  the  first  and  greatest  importance  and  necessity 
thai  uli  causes  tending  to  ibe  engendering  and  dissemina 
tion  of  pestilential  diseases  he  e,  so  soon  as  their  existence 
is  known,  shall  be  at  once  abated  or  removed,  so  iar  as 
l>ra<  ticabie  It  is  to  be  apprehended  that  serious  danger 
to  (lie  health  of  this  city  will  result  from  the  congregation 
within  its  limits  of  the  large  number  of  idle  negroes  which 
now  throng  the  streets,  lanes,  and  alleys,  and  overcrowd 
every  hovel.  Lazy  and  profligate,  unused  to  caring  for 
themselves  ;  thriftless  lor  the  present,  and  recklessly  im 
provident  of  the  future,  the  most  of  them  loaf  idiy  about 
tlie  streets  and  alleys,  prowling  in  secret  places, and  lounge 
luz.ly  in  crowded  hovels,  whLh  soon  become  dens  of 
noisome  filth,  the  hot-beds  fit  to  engender  and  rapidly  dis 
seminate  the  most  loathsome  and  malignant  diseases. 

'io  prevent  these  evil  effects,  it  is  hereby  ordered  that 
alter  the  Qrst  day  of  April,  1864,  no  contraband  shall  be 
allowed  to  remain  in  the  city  of  Natchez,  who  is  not  em 
ployed  by  some  responsible  white  person  in  some  legiti 
mate  business,  and  who  does  not  reside  at  the  domicil  of 
his  or  her  employer  ;  and  no  contraband  will  be  allowed  to 


hire  any  premises  in  the  city  for  any  purpose  whatever, 
and  no'othcr  person  will  be  allowed  to  hire  such  premises 
for  the  purpose  of  evading  this  order,  nor  allowed  to  hire 
or  harbor  any  contraband  who  cannot  satisfy  t'.io  health 
officer  that  he  or  she  neftds  the  services  of  said  contraband 
in  some  legitimate  employment.  All  contrabands  remain 
ing  in  the  city  in  contravention  of  this  order  ai'ter  April  1st 
will  be  removed  to  the  contraband  encampment 

The  word  contraband  is  hereby  defined  to  moan  all  per 
sons  formerly  slaves  who  are  not  now  in  the  employ  of 
their  former  owners. 

Persons  drawing  rations  from  the  United  States  Govern 
ment  ar«  not  supposed  to  need  any  hived  servants.  The 
number  allowed  to  each  family  will  be  determined  by  the 
undersigned. 

By  orde>-  of  A.  W.  Kelly,  Surgeon  and  Health  Officer 
Approved : 

J.  M-  TUTTLE,  Brig   Gen.  Com'g  District. 

HEADQUARTERS  OP  DEFENCES, 

NEW  ORLEANS,  March  24,  1864. 

Citizens  having  colored  people  in  their  employ,  who  are 
superfluous  or  insubordinate,  will  be  promptly  re:ieved  of 
them  by  reporting  the  fact  to  Col.  Hanks,  Superintendent 
of  Negro  Labor. 

OFFICE  PROVOST  MARSHAL, 
PARISHES  OF  JEFFERSON  AND  ST.  CHARLES,  LA. 

CARROLLTOX,  March  23. 18fi4. 

*  *  The  Provost  Marshal  of  the  Parish  of  Jefferson  i» 
also  charged  witli  the  execution  of  General  Order  Xo.  12, 
Headquarters  of  Defences  of  New  Orleans,  March  24, 1  64r 
so  far  as  it  relates  to  its  execution  within  this  district.  All 
persons  within  this  district  are  requested  to  report  at  once 
to  bia  ollice  the  names  of  their  colored  servants  of  eith'-r 
sex,  in  order  that  he  may  give  them  an  employment  certifi 
cate,  and  all  colored  people  of  either  sex  who  snail  not  on 
the  first  of  April  have  such  certificate  in  their  possession 
will  be  considered  unemployed,  the  males  organized  into 
squads  and  companies  for  labor  on  the  parapet,  and  the  fe 
males  turned  over  to  Col.  Hanks. 
By  command  of  Brig.  Gen.  Roberts: 

R.  8KTNNEK,  First  Lieut., 
IQth  U.  S.  Infantry,  A.D.C.  and  A.  A.  A.  G. 
H.  B   BROWN, 
Colonel  and  Provost  Marshal. 


RESOLUTION    OF    INQUIRY. 

First  Session,  Thirty-Eighth  Congress. 

IN  HOUSE. 

1864,  May  16 — Mr.  GBINNELL  offered  this  reso 
lution  which  was  adopted : 

Resolved,  That  the  committee  on  the  conduct  of  the  wat 
be  instructed  to  inquire  as  to  the  occasion  of  the  military 
order  of  Brigadier  General  J.  M.  Tuttle  for  the  government 
of  the  city  of  Natchez,  Mississippi,  which  forbids  any  con 
traband  remaining  in  the  city  of  Natchez  who  is  not  em 
ployed  by  some  responsible  white  person  ;  and  also  forbid* 
any  contraband  from  hiring  any  house  in  said  city ;  whereby 
hundreds  of  children  have  been  taken  from  the  schools 
and  many  of  the  families  of  soldiers  have  been  delivered  to 
slavery. 

PROPOSED    CENSURE    OF    GEN.    HAT,LECK's    ORDER. 

Second  Session,  Thirty-Seventh  Congress. 
1861,    Dec.    9— Mr.  LOVEJOT   offered  a  re-so 
lution  requiring  the  Secretary  of  War  to  revoke 
the  first  section  of  General  Halleck's  order,  No. 
3,  Nov.  20,  1861. 

A  motion  to  table  the  resolution  was  lost — 
yeas  63,  nays  68,  as  follows  : 

YEAS  —  Messrs.  Allen,  Anemia,  Joseph  Baily,  Piddle^ 
Jacob  B.  Blair,  George  11.  Browne,  William  G.  Brown,  Burn- 
ham,  Cobb,  Cox,  Cravens,  Crisfuld,  Crittenden,  Dawes,  De 
lano,  Dunlap,  Dunn,  English,  Fouke,  G-rider,  Hardinfj, 
Harrison,  Holman,  Hortou.  Johnson,  William  Kellojrg,  Kil- 
linger,  Law,  Lazear,  Leary,  Lehman,  McKnight,  McPher- 
son,  MaWtri/,  Mayuard,  Menzies,  Nixon,  Noble.,  Noe.ll,  iVtr- 
t(m,  Oddl,  Olin,  Ptndleton,  liichardson.  Robinson,  Sh^l'ield, 
Shellabarger,  .SVe/,  Smith,  John  B.  Steel*,,  William  G.  AV/'eZe, 
Stratton,  Benjamin  F.  Thomas,  Francis  Thomas,  Upton, 
VaUandighaiii,  Wadsworth,  Webster,  ChiLton  A.  WiiiteT 
Wicklifl'e,  Wood,  Woodruff,  Wriyht—ti3. 

NAYS— Messrs.  Aldrich,  Alley,  Ashley,  Babbitt,  Goldsmith 
F.  Bailey,  Baker,  Baiter,  Biugham,  Francis  P.  Blair,  Sam- 


REPEAL    OF   THE    FUGITIVE   SLAVE    LAWS, 


^el  S.  Blair,  Blake,  Buffinton,  Chamberlain,  Clark,  Colfax, 
.Frederick  A.  Conkling.  Roscoe  Conkling,  Conway,  Davis, 
Divcn,  Ducll,  Edgerton,  Edwards,  Eliot,  Fcnton,  Fessendon, 
Franchot,  Frank,  Gooch,  Granger,  Gurley,  Ilutchins,  Julian, 
Kellov.  Lansing,  Loomis,  Lovejoy,  Moorhead,  Anson  P. 
Morrill,  Justin  S.  Morrill,  T.  O.  Phelps,  Ponieroy,  Porter, 
Potter,  Alexander  II.  Rice,  Riddle,  Edward  II.  Rollins, 
Sargent,  Sedgwick,  Shanks,  Sherman,  Sloan,  Spaulding, 
Stevens,  Train,  Trimble,  Trowbridge,  Vandever,  Van  Horn, 
Van  Wyck,  Wall,  Wallace,  Charles  W.  Walton,  E.  P.  Wal 
ton,  Washburne,  Wheeler,  Wilson,  Worcester  —  68. 

Mr.  LOVEJOY  then  modified  this  resolution 
so  as  to  "reque-t"  (instead  of  "requiring") 
the  Secretary  of  War  to  revoke  it, 

When  Mr.  LANSING,  of  New  York,  offered  the 
following  as  a  substitute,  which  Mr.  LOVEJOY 
ac  epted  : 

Whereas  Major  General  Halleck,  of  the  western  depart 
ment,  has  issued  an  order  prohibiting  negroes  from  coming 
within  the  lines  of  our  army,  and  excluding  those  already 
under  the;  protection  of  our  troops  ,  and  whereas  a  different 
policy  and  practice  prevails  in  other  departments,  by  the 
direct  sanction  of  the  Administration  ;  and  whereas  said 
order  is  cruel  and  inhuman,  and  in  the  judgment  of  this 
House  based  upon  no  military  necessity  :  Therefore, 

Resolved,  That  the  President  be  respectfully  requested  to 
direct  General  Halleck  to  recall  said  order,  or  cause  it  to 
conform  with  the  practice  of  the  other  departments  of  the 
army. 

Dec  11  —  The  whole  subject  was  then  laid  on 
the  table  —  yeas  78,  nays  64,  as  follows  : 

YEAS  —  Messrs.  A  Urn,  Ancona,  Joseph  Baily,  BiddU,  Fran 
cis  P.  Blair,  Jacob  B.  Blair,  George,  IT.  Browne,  William  G. 
Brown,  Burnham,  Calvert,  Coob,  Cooper,  Cox,  Cravens,  Cris- 
fieU,  Critteiiden,  Delano,  Dclaplaine,  Diven,  Dunlap,  Dunn, 
English^  Fisher,  Fo-ulce,  Granger,  Gride.r,  IToigJit,  Ilanrhett, 
Harding,  Harrison,  Holman,  Hortoi\,Jofmson,  William  Kel 
logg,  Killingor,  Law,  Lazear,  Leary,  Lehman,  McPherson, 
ttuUory,  Maynard,  Mt.nzies,  Morris,  Nixon,  Noble,  Nodi, 
Norton,  Odell,  Olin,  Fendlcton,  Perry,  T.  G.  Phelps,  Porter, 
Alexander  II.  Rice,  Richardson.  Riddle,  Robinson,  Slieffidd, 
Shollabarger,  Skid,  Smith,  John  B.  Sieele,  William  G.  Ste.de, 
Stratton,  Benjamin  F.  Thomas,  Trimble,  Upton,  Vallan- 
•dirjham,  Voorltees.  Wadsworth,  Wird,  Webster,  Whaley, 
Chilian  A.  White,  Wickliffe,  Woodruff,  Wruiht—  78. 

NAYS—  Messrs.  Alley,  Arnold,  Ashley,  Babbitt,  Goldsmith 
F.  Bailey,  Baker,  Baxter,  Bingham,  Blake,  Buffinton,  Camp 
bell,  Chamberlain.  Clark,  Colfax,  Frederick  A.  Conkling, 
Roscoe  Conkling,  Conway,  Covode,  Davis,  Dawes,  Duel],  Ed 
gerton,  Edwards,  Eliot,  Fcnton,  Fesseiiden,  Franchot,  Frank, 
Gooch,  Goodwin,  Hooper,  Hutchius,  Julian,  Kelley,  Fran 
cis  W.  Kcllogs,  Lansing,  Loomis,  Lovejoy,  Moorhead,  Anson 
P.  Morrill,  Justin  S.  Morrill,  Patton,  Pike,  Potter,  Edward 
II.  Rollins,  Sedgwick  Shanks,  Sherman,  Sloan.  Spaulding, 
Stevens,  Train,  Trowbridge,  Van  Horn,  Van  Wyck,  Wall, 
Wallace,  Charles  W.  Walton,  E.  P.  Walton,  Washburne, 
Wheeler,  Albert  S.  White,  Wilson,  Worcester—  64. 


LEGISLATION      PROHIBITING     THE     EXISTENCE      OF 
SLAVERY  IN  TERRITORIES,  ETC. 

Second  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

1802,  May  12  —  Mr.  LOVEJOY  proposed  this  bill, 
being  a  substitute  for  one  previously  reported  by 
him,  and  introduced  by  Mr.  ISAAC  N.  ARNOLD  : 

To  the  end  that  freedom  may  be  and  remain  forever  the 
fundamental  law  of  the  land  in  all  places  whatsoever,  so 
iar  as  it  lies  within  the  powers  or  depends  upon  the  action 
of  the  Government  of  the  United  States  to  make  it  so; 
Therefor*, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
slavery  or  itiv.ihintnry  servitude,  in  all  cases  wh;ttsoev;?r, 
other  than  in  the  punishment  of  crime,  whereof  the  p;irty 
shall  have  been  duly  convicted.)  shall  henceforth  cease,  and 
b.'  prohibited  forever  in  all  the  Territories  of  the  United 
States,  now  existing,  or  hereafter  to  be  formed  or  acquired 
in  any  way. 

Mr.  Cox  moved  that  it  be  tabled  ;  which  was 
rejected  —  yeas  49,  nays  81  ;  and  the  bill  was 
then  passed  —  yeas  85.  nays  50,  as  follows: 

YI-AS—  Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baker,  Baxter,  Beaman,  Bingham,  Francis  P.  Blair,  Samuel 
t5.  lilair,  Blake,  BuUmton,  Campbell,  Chamberlain,  Clark, 


Colfax,  Frederick  A.  Conkling.  Roscoe  Coikling,  Cutler, 
Davis.  Dawes,  Delano,  Diven,  Duel!,  Dunn,  Edgerton, 
Edwards,  Eliot,  Ely,  Feuton,  Fessemlen.  Franchot,  Frank, 
Gooch,  Granger,  Hale,  Harrison,  Hickman,  Hooper,  Horton, 
Hutfhins,  Jnlian,  Kelley,  Willinm  Kellogg,  Lansing, 
Loomis,  Lovejoy,  McKnight.  McPherson,  Mitchell,  Moor 
head,  Anson  P.  Morrill,  Justin  S.  Morrill,  Olin,  Pike,  Por 
ter,  Potter,  Alexander  II.  Rice,  John  II.  Rice,  Riddle, 
Edward  II.  Rollins,  Sargent,  Sedgwick,  Sh.inks,  Shef 
field,  f  hellabarger,  Stevens,  Stratton,  Benjamin  F.  Thoma*, 
Train,  Trimble.  Trowbridge,  Van  Horn,  Verree,  Wall,  Wal 
lace,  Charles  W.  Wai  to.!,  E.  P.  Walton,  Washburne, 
Wheeler.  Albert  S.  White,  Wilson,  Windom,  Worcester  85. 
NATS — .Messrs.  Allen,  Ancona,  Joseph  Baily,  B  Jd'e  Jacob 
B.  Blair,  George  H.  Browne,  Wm.  G.  Brown.  Calvert.  Casey, 
Clements.  Cobb,  Cox.  Craven*.  Qrisfieid,  Crittenden,  Dunlap, 
English,  Grider.  Haight,  Hall.  Harding,  Hoi  man,  Johnson, 
Kerrigan,  Knapp,  Law,  Lazear,  Leary.  Leftm  /n,  Alallory, 
Maynard,  Memi>s,  Morris.  Noell,  Odell.  Perry.  John  S. 
FheJps,  Richardson,  Robinson.  Segar.  John  B.  Stfle.  H'm.  G. 
Steele.  Francis  Thomas,  Vibbar^.  Voorhees,  Wadsworth, 
Ward,  Webster,  Wickliffe,  Woodruff— W. 

As  originally  reported  the  bill  proposed  that 
slavery  should  cease  in  all  the  Territories  ;  the 
forts,  arsenals,  dock-yards,  &c.,  of  the  United 
States;  in  all  vessels  on  the  high  seas,  and  "in 
all  places  where  the  national  Government  is 
supreme,  or  has  exclusive  jurisdiction  or  power." 

A  motion  to  table  it  was  rejected — yeas  50, 
nays  64. 

May  9 — Mr.  LOVE  JOY  offered  a  substitute,  con 
taining  rhe  other  proposition  and  this  addition  : 
SEC.  2.  That  any  person  now  held  or  attempted  to  be 
held  hereafter  as  a  slave  in  any  of  the  places  above  named 
is  hereby  declared  to  be  free,  and  the  right  to  freedom 
hereby  declared  may  he  asserted  in  any  of  the  courts  of  the 
United  States  or  of  the  several  States,  in  behalf  of  the  party, 
or  his  or  her  posterity,  after  any  lapse  of  time. 

A  motion  to  table  the  bill  was  rejected— yeas 
50.  nays  65. 

May*  12 — Modified  and  passed  without  the 
preamble. 

IN  SENATE. 

June  9 — The  bill  was  reported  amended  by 
inserting  this  substitute  : 

That  from  and  after  the  passage  of  this  act  there  shall  be 
neither  slavery  nor  involuntary  servitude  in  any  of  the  Ter 
ritories  of  the  United  States  now  existing,  or  which  may  at 
any  time  hereafter  be  formed  or  acquired  by  the  United 
States,  otherwise  than  in  punishment  of  crimes  whereof  the 
party  shall  have  been  duly  convicted. 

And  was  passed — yeas  28,  nays  10,  as  fol 
lows  : 

YEAS— Messrs.  Anthony,  Browning.  Chandler,  Clark,  Col- 
lamer,  Cowan,  Dixon,  Fessenden,  Foot,  Foster,  Grimes,  Hale, 
Marian,  Hards,  Howard,  Howe,  King.  Lane  of  Indiana, 
Ponieroy,  Rice,  Simmons,  Sunnier,  Ten  Eyck,  Trumlmll, 
Wade,  Wilkinson,  Wilmot,  Wilson  of  Massachusetts— '28. 

NAYS — Messrs.  Carlile,  Davit,  Kennedy.  Latham,  McDou- 
gall,  Nesmith,  Powell,  Saidsbury,  Stark,  Wright— I  '. 

June  17 — The  House  concurred  in  the  amend 
ment  of  the  Senate — yeas  72,  nays  38. 

IN  THE  TERRITORY  OF  MONTANA. 

Third  Session,  Thirty-Seventh  Congress. 

IN   HOUSE. 

1863,  February  12 — Mr.  ASHLKY,  from  the 
Committee  on  Territories,  reported  a  bill  to 
provide  a  temporary  government  for  the  Terri 
tory  of  Montana. 

Mr.  Cox  moved  to  strike  out  the  proviso  to 
the  sixth  section,  as  follows  : 

Provided,  That  whereas  slavery  is  prohibited  in  said 
Territory  by  act  of  Congress  of  June  19,  1-S62,  nothing 
herein  contained  shall  be  construed  to  authorize  or  permit 
its  existence  therein. 

Which  was  disagreed  to — yeaa  39,  nays  96,  as 
follows  : 

YEAS— Messrs.  William  AUm,  Ancona,  Baily,  BiddU,  Cal> 


AND    KINDRED    SUBJECTS. 


255 


Ofrt,  Cobb,  Cox,  Crisfield,  Grider,  Hull,  Harding,  Holman, 
Kerrigan,  Knapp,  Law,  Mullory,  Men~ies,  Stem's,  Noble, 
JVbrton,  Nuc/en,  Pendleton,  Pric",  Robinson,  Scgar,  Khicl, 
Smith,  John  B.  Steelr,  Wm.  G.  Steel?,  Stilus,  Vallandigham, 

Voorhers,  Wadsworth,  Webster,  Chiltcn  A.  White,  Wick- 
W?\  Woodruff,  Wright,  Teaman— 38. 

"NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baxter,  Beaman,  Bingham,  Jacob  B.  Blair,  Samuel  S.  Blair, 
Blake,  William  G.  Brown,  Buftinton,  Chamberlain,  Clark, 
Clements,  Colfax,  Frederick  A.  Conkltng.  Conway,  Covode, 
Cutler,  Davis.  Dawes,  Delano,  Dunn,  Edgcrton,  Eliot,  Ely, 
Fenton,  Samuel  C.  Fessenden,  Thomas  A.  D.  Fessenden, 


sher.  Franchot,  Frank,  Gooch,  Goodwin,  Granger,  Gurley, 
\;ight,  Harrison,  Ilickman,  Horton,  Julian,  Kclley,  Fran 
cis  W.  Kellogg,  William  Kellogg,  Lansing.  Lehman,  Loomis, 
Lovejoy,  Low,  Mclndoe,  McKean,  Me  Knight,  Mayuard, 
Moorhead,  Auson  P.  Morrill,  Justin  S.  Morrill,  Nixon.  Noell, 
Olin,  Patton,  Timothy  G.  Phelps,  Pike,  Porneroy,  Porter, 
Potter,  Alexander  II/Rice,  John  II.  Rice,  Riddle,  Edward 
H.  Rollins,  Sargent,  Shanks,  Sheffield,  Shellabarger,  Sher 
man.  Sloan,  Spaulding,  Stevens,  Benjamin  F.  Thomas,  Fran 
cis  Thomas.  Train,  Trimble,  Trowbridge,  Van  Horn,  Van 
Valkenburgh,  Van  Wyck,  Verree,  Walker,  Wallace.  Walton, 
Washburne,  Wheeler,  Albert  S.  White,  Wilson,  Windom— 96. 

First  Session.  Thirty-Eighth  Congress. 

1864,  March  1Y — The  House  considered  the 
bill  to  enable  the  people  of  Colorado  to  form  a 
Constitution  and  State  Government,  when 

Mr.  MALLOBY  moved  to  strike  from  the  fourth 
section  this  clause  : 

First.  That  there  shall  be  neither  slavery  nor  involuntary 
servitude  in  the  said  State  otherwise  than  in  the  punish 
ment  of  crimes,  whereof  the  party  shall  have  been  duly 
convicted. 

Which  was  disagreed  to — yeas  18,  nays  8*7, 
as  follows  : 

YEA-— Messrs.  James  C.  Allen,  Ancona,  Chanler,  Cox,  Daw- 
son,  Dciriton,  Eldridge,  Hall,  Harding,  Knapp,  Long,  Mai- 
lory,  William  H.  Miller,  Morrison,  John  O'Neill,  Rogers, 
ffofs,  Miles— 18. 

NAYS— Messrs.  Allison,  Ames,  Anderson,  Arnold,  Ashley, 
Btn'ly,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Baxter, 
Beaman,  Francis  P.  Blair,  jr.,  Jacob  B.  Blair,  Blow,  Bout- 
well,  Boyd,  Brooraall,  James  S.  Brown,  Ambrose  W.  Clark, 
Cobb,  Cole,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes, 
Donnelly,  Driggs,  Duinont,  Eckley,  Eliot,  Farnsworth,  Fen- 
ton,  Frank,  Garfield,  Gooch,  Griswold,  Higby,  Hotchkiss, 
John  II.  Hubbard,  Hutching,  Jeuckcs,  Julian*  Kasson,  Kel- 
ley,  Francis  W.  Kellogg,  Kernan,  Longyear,  Marvin,  Mc 
Allister,  McBride,  McClurg,  Mclndoe,  S.  F.  Miller,  Moorhead, 
Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Norton,  Oddl, 
Charles  O'Neill,  Orth,  Perham,  Pike,  Price,  Alexander  II. 
Rice,  John  If.  Rice,  James  S.  Rollins,  Scofield,  Shannon, 
Smith,  Smithers,  Spalding,  Starr,  Stevens,  Swat,  Thaycr 
Thomas,  Tracy,  Upson,  Van  Valkenburgh,  Ellihu  11.  Wash- 
Larne,  William  B.  Washburn,  Webster,  Whaley,  Williams 
Wilder,  Wilson,  Wiudom,  Woodbridge— 87. 

Proposed  Amendment  of  the  Consti 
tution. 
IN  SENATE. 

1864,  January  11 — Mr.  HENDERSON  offered 
this  joint  resolution,  which  was  referred  to  the 
Committee  on  the  Judiciary,  proposing  amend 
ments  to  tho  Constitution : 

Be  U  resolved,  cCc.,  That  the  following  articles  be  proposed 
as  mnendmi'nts  to  the  Constitution  of  the  United  States, 
which,  when  adopted  by  the  Legislatures  of  threv-foui  ths  of 
the  several  States,  shall  be  valid,  to  all  intents  and  pur 
pose.-,  as  a  part,  of  tho  said  Constitution,  to  wit : 

ARTICLE  I.  Slavery  or  involuntary  servitude,  except  as  a 
punishment  for  crime,  shall  not  exist  in  the  United  States. 

Aim  LE  2.  The  Congress,  whenever  a  majority  of  the 
members  dec' ed  to  i-ach  house  shall  deem  it  necessary ,  may 
propose  amendment!  to  tho  Constitution,  or,  on  the  appli 
cation  of  the  Legislaturesof  a  majority  of  the  several  S;ates, 
shall  call  a  convention  for  proposing  amendments,  which  in 
nithcr  cr.se  Khali  bo  valid,  to  all  inteuts  and  purposes  as 
|i:m  of  the  Constitution,  when  ratified  by  the  Legislatures 
<>f  r.w<,-thirds  of  the  several  States,  or  by  conventions  in  two- 
tlr.'ds  thereof,  as  the  one  or  the  otb.tr  mode  of  ratification 
muy  be  proposed  by  Congress. 

18G4.  Feb.  8— Mr    SUMNER  introduced  this 


joint    resolution,   which    was    similarly  rv  %r- 
red: 

Be  it  resolved,  <6c.,  That  the  following  article  be  proposed 
to  the  Legislatures  of  tho  several  Statos  as  an  amendment 
to  the  Constitution  of  the  United  States,  -which,  when  rati 
fied  by  three  fourths  of  such  Legislatures,  shall  become  a 
part  of  the  Constitution,  to  wit : 

AP.TICLF,  — .  Everywhere  within  the  limits  of  tho  United 
States,  and  of  each  State  or  Territory  thereof,  all  persons 
are  equal  before  the  law,  so  that  no  person  can  hold  another 
as  a  slave. 

Mr.  SAULSBURY  moved  to  postpone  it  indefi 
nitely  ;  which  was  disagreed  to — yeas  8,  nays 
31,  as  follows : 

YEAS — Messrs.  BucJcolew,  Carlile,  Davis,  Harding,  Hen- 
dricks,  Pfsvjell,  Sauhbury,  Wright — 8. 

NAYS— Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster, 
Grimes,  Hale,  Harlan,  Harris,  Howard,  Howe,  Johnson, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  Nesmith, 
Pomeroy,  Ramsey,  Sherman,  Sprague.  Sumner,  Truinbull, 
Van  Winkle,  Wilson— 31. 

Feb.  9 — Mr.  POWELL  introduced  the  follow 
ing  joint  resolution,  (embodying,  as  he  stated, 
the  view  of  Judge  Nicholas,  of  Kentucky,)  which 
was  referred  to  the  Committee  on  the  Judiciary  : 

Retired  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  Constitution  of  the  United  States  be  amended  as  follows : 
ARTICLE  No.  — . 

SEC.  1.  Congress  shall  at  its  first  session  after  the  adop 
tion  of  this  amendment,  and  from  time  to  time  thereafter, 
apportion  among  the  several  States  tho  electors  of  Presi 
dent  and  Vice  President  according  to  the  following  ratio  of 
population  in  Federal  numbers :  One  elector  to  each  State 
having  less  than  a  million  ;  two  to  each  State  having  one 
but  less  than  two  million;  three  to  each  having  two  but 
less  than  three  million;  four  to  each  having  three  but  less 
than  four  million ;  live  to  each  having  four  but  less  than  six 
million  ;  six  to  each  having  six  but  less  than,-eight  million ; 
and  seven  to  each  having  eight  million  of  population.  Each 
State  having  but  one  elector  shall  be  an  electoral  district, 
and  each  of  tho  other  States  shall  be  divided  by  Congress 
into  districts  equal  to  the  number  of  its  electors,  to  be 
composed  of  coterminous  territory,  and  as  near  as  may  be 
the  districts  to  have  equality  of  population. 

Sec.  2.  The  voters  of  each  district,  qualified  to  vote  for 
members  of  the  most  numerous  branch  of  its  Legislature, 
shall  elect  an  elector. 

The  election  for  electors  shall  be  held  during  the  month 
of  October  next  proceeding  the  commencement  of  any  pres 
idential  term. 

The  several  State  Legislatures  shall  prescribe  the  time 
and  manner  for  holding  those  elections  and  makingreturns 
thereof;  also,  for  deciding  them  when  contested,  and  making 
new  elections  therein;  but  Congress  may  discharge  this 
duty,  in  whole  or  in  part,  when  deemed  necessary. 

SEC.  3.  Tho  electors  shall  convene  in  the  Senate  Chamber 
at  the  seat  of  Government,  at  noon  of  tho  first  Monday  in 
February  next  preceding  the  commencement  of  the  ensuing 
presidential  term,  and  form  an  electoral  college. 

Two  thirds  of  all  the  electors  elected  shall  be  a  quorum 
of  the  college. 

The  Chief  Justice  of  the  United  States,  or  in  his  absence 
the  President  of  the  Senate,  or  in  the  absence  of  both,  the 
Speaker  of  the  House  of  Representatives  shall  be  tho  pre 
siding  officer  of  tho  college. 

The  presiding  officer  shall  cause  all  the  electors  elected, 
whether  present  or  not,  to  bo  listed  in  the  alphabetical  order 
of  their  names,  and  in  that  order  divide  them  into  six  classes 
of  equal  numbers,  distributing  by  lot  separately  among  the 
several  classes  such  electors  at  the  bottom  of  the  list  if 
any,  as  are  left  out  in  the  division. 

He  shall  by  lot,  under  the  supervision  of  one  from  each 
class,  designate  tho  several  classes  by  numbers  from  one 
to  six. 

When  a  quorum  is  present  ho  shall  announce  that  the 
college  is  formed,  and  note  tho  time  at  which  the  enuncia 
tion  is  made;  but,  when  necessary,  tho  enunciation  shall  be 
postponed  until  after  the  verification,  by  a  majority  of 
tho  electors  present,  of  the  returns  and  qualifications  of 
members. 

SEC.  4.  After  the  college  is  formed  the  electors  present  of 
each  class  shall  choose  an  elector  from  the  class  next  suc 
ceeding  it  in  number,  except  class  six,  which  shall  choose 
from  class  one. 

In  open  session  of  the  college  the  presiding  officer,  under 
the  supervision  and  control  of  the  six  so  chosen,  or  a  ma- 


256 


REPEAL   OF   THE   FUGITIVE    SLAVE    LAWS, 


jority  of  them,  shall  cause  two  of  those  six  to  be  designated 
by  lot. 

From  those  two  the  college  shall  choose  one,  who  shall  be 
President  for  the  next  ensuing  term  of  four  years,  and  the 
oilier  Khali  be  the  Vice  President  for  that  term. 

The  voting  by  class  or  college  shall  be  viva  voce  in  open 
session  of  the  college. 

In  CJISIM  of  tie,  the  casting  vote  shall  be  given  by  the  pre 
siding  ofiicer,  who,  if  he  be  also  an  elector,  shall  not  vote 
except  in  cases  of  tie. 

The  college  may  adopt  rules  for  expediting  a  decision 
by  the  seven:!  classes,  and  to  prevent  more  than  two  per 
sons  from  receiving  an  equality  of  votes  on  the  final  vote 
of  ;i  class. 

If  there  be  a  failure  to  choose  one  of  the  six  from  any 
class  within  the  time  prescribed  by  the  college,  the  mem 
bers  of  that  class  shall  themselves  make  the  choice. 

There  shall  be  no  reconsideration  of  a  vote  given. 

Si;c.  5.  If  the  college  fail,  except  from  exterior  violence 
or  intimidation,  to  mako  an  election  of  President  and  Vice 
President  within  twenty-four  hours  from  the  time  when  the 
college  wits  formed,  it  shall  be  dissolved,  and  the  offices  of 
its  electors  vacated. 

Thereupon  the  presiding  officer  shall  order  a  new  election 
of  electors  on  any  day,  not  less  than  thirty  from  the  date 
of  his  proclamation,  and  at  least  thirty  before  the  next 
month  of  June,  which  election  shall  be  held,  and  the  electors 
chosen  shall  convene  at  the  time  and  place  designated  by 
the  proclamation,  and  proceed  to  the  election  of  a  President 
and  Vice  President  as  before  directed,  within  twenty-four 
hours  from  the  time  of  their  formation  into  a  college,  and 
under  like  penalty  for  their  failure. 

Should  the  failure  to  elect  lie  caused  by  exterior  violence 
or  intimidation,  the  functions  of  the  college  shall  notecase, 
but  it  shall  reconvene  when  and  where  a  majority  of  its 
members  shall  by  proclamation  direct,  and  make  or  com 
plete  an  election  as  before  directed,  within  the  time  speci 
fied,  under  like  penalty. 

SEC.  G.  Should  no  election  of  President  and  Vice  Presi 
dent  be  made  by  an  electoral  college  before  the  1st  day  of 
Juno  next  ensuing  the  commencement  of  a  presidential 
term,  the  Senate  of  the  United  States  shall  convene  in  its 
Chamber  at  noon  of  the  first  Monday  in  .July  next  thereaf 
ter,  constitute  all  its  elected  members,  whether  present  or 
not,  into  an  electoral  college,  as  though  each  Senator  had 
been  elected  an  elector,  and  proceed  in  all  respects  as  be 
fore  directed,  within  twenty-four  hours,  td  choose  a  Presi 
dent  and  Vice  President  to  till  the  vacancy. 

Should  the  Senate  fail  to  elect,  the  discharge  of  the  duties 
of  President  and  Vice  President  for  the  residue  of  that  term 
sh;;ll  devolve  upon  such  officers  of  the  Government  as  Con 
gress  shall  have  theretofore  directed. 

S::c.  7.  No  office  shall  be  incompatible  with  that  of  an 
elector  except  the  office  of  Chief  Justice  of  the  Uni  ted  States. 

Sue.  8.  An  act  or  resolution  passed  by  Congress,  which 
shall  be  returned  by  the  President  with  his  objections,  shall 
bo  valid  without  his  signature,  if  repassed  by  each  House  of 
Congret-8  by  a  vote  equal  to  a  majority  of  all  the  members 
elected  thereto. 

SEC.  9.  It  shall  not  be  deemed  compatible  with  the  duty 
of  a  President  habitually  to  use  the  patronage  of  his  office 
for  the  special  advantage  of  any  particular  political  party, 
or  to  suffer  the  patronage  of  any  subordinate  office  so  to  bo 
used. 

SEC.  10.  Should  a  vacancy  occur  in  both  the  office  of  Pres 
ident  and  in  that  of  Vice  President  while  there  are  two 
Jears  remaining  of  the  then  presidential  term,  the  Chief 
ustice  of  the  United  States,  or  in  his  absence  the  Secretary 
of  State,  shall  convene  the  electoral  college  after  thirty  days' 
notice  by  proclamation,  who  shall  fill  the  vacancies  for  the 
remainder  of  the  term  in  all  respects  as  if  it  were  an  original 
election. 

Stc.  11.  Every  elector,  before  entering  on  the  duties  of 
bis  office,  shall,  by  oath  or  affirmation,  promise  to  support 
the  Constitution  of  the  United  States,  and  declare  that  ho 
has  not,  and  will  not,  pledge  his  vote  as  au  elector  in  favor 
of  any  person  or  toward  aiding  any  political  party. 

AMENDMENT    POU    THE    EXTINCTION    OF    SLAVEKY. 

1864,  February  10 — Mr.  TRUMBULL,  from  the 
Comim  tee  cm  the  Judiciary  reported  a  joint 
resolution :  - 

Be  it  resolved,  tC-c.,  That  the  following  article  be  proposed 
to  the  legislatures  of  the  several  States  as  an  amendment  to 
the  Constitution  of  the  United  States,  which,  when  ratified 
by  three  fourths  of  said  legislatures,  shall  be  valid,  to  all 
intents  and  purposes,  as  a  part  of  the  said  Constitution, 
namely : 

ARTICLE  XIII. 

SECTION  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime,  whereof  the  party  shall 
3i;ive  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 


SEC.  2.  Congress  shall  have  power  to  enforce  this  article 
!  by  appropriate  legislation. 

April  5 — Mr.  DAVIS  moved  to  strike  out  the 
j  above  and  insert — 

No  negro,  or  person  whose  mother  or  grandmother  is  or 
i  was  a  negro,  shall  be  a  citizen  of  the  United  States,  or  be 
eligible  to  any  civil  or  military  office,  or  to  any  place  of 
trust  or  profit  under  the  United  States. 

Which  was  disagreed  to — yeas  5,  nays  32,  as 
follows  : 

YEAS— Messrs.  Buckalew,  Davis,  Powell,  Riddle,  Sauls- 
buri/ — 5. 

NAYS— Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Dixon,  Doolittle,  Fessenden,  Foot,  Grimes.  Hale,  Har- 
i  ding,  Harlan,  Harris,  Howard,  Howe,  Johnson,  Lane  of  In 
diana,  Lane  of  Kansas.  Morgan,  Morrill,  Pomeroy,  Rams,  y, 
Sherman,  Sprague,  Simmer,  Ten  Eyck,  Trumbull,  Vaa 
Winkle,  Wade,  Willey,  Wilson— 32. 

Mr.  POWELL  moved  to  amend  by  adding  to 
section  1,  the  words — 

No  slave  shall  be  emancipated  by  this  article,  unless  the 
owner  thereof  shall  be  first  paid  the  value  of  the  slave  or 
slaves  so  emancipated. 

Which  was  disagreed  to — yeas  2,  (Messrs. 
Davis, und  Powell,)  nays  34: 

NAYS— Messrs.  Anthony,  Buckalew,  Cnrlile,  Chandler, 
Clark,  Coliamer,  Conness,  Dixon,  Doolittle,  Fessenden.  Foot, 
Grimes,  Hale,  Harding/,  Harlan,  Harris,  Howard,  Howe, 
Johnson,  Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Mor 
rill,  Pomeroy,  Ramsey,  Sherman.  Sprague,  Sunnier,  Ten 
Eyck,  Trumbull,  Van  Winkle,  Wade,  Willey,  Wilson— 34. 

April  6 — Mr.  POWELL  moved  to  add  a  new 
article  to  the  Constitution,  as  follows  : 

ARTICLE  XIV. 

The  President  and  Vice  President  shall  hold  their  offices 
for  the  term  of  six  years.  A  person  who  has  filled  the 
office  of  President  shall  not  be  re-eligible. 

Which  was  disagreed  to — yeas  12,  nays  32  : 

YEAS — Messrs.  Brown,  Daw's,  Foster,  Grimes,  Ilendri'-ks. 
Nesmitlt,  Pomeroy,  Powell,  Riddle,  Saulsbury,  Wade,  Wilk 
inson— 12. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Hale.  Hard 
ing.  Harlan,  Harris,  Henderson,  Howard,  Howe,  Johnson, 
Lane  of  Indiana,  Lane  of  Kansas,  McDougall,  Morgan,  Mor 
rill,  Ramsey,  Sherman,  Sprague,  Sumner,  Ten  Eyck,  Trum 
bull,  Van  Winkle,  Willey,  Wilson— 32. 

Mr.  POWELL  moved  to  add  an  article,  as  fol 
lows  : 

ARTICLE  XV. 

The  principal  officer  in  each  of  the  Executive  Depart 
ments,  and  all  persons  connected  with  the  diplomatic  ser 
vice,  may  be  removed  from  office  at  the  pleasure  of  the 
President.  All  other  civil  officers  of  the  Executive  lA-pnrt- 
ments  may  be  removed  at  any  time  by  the  President,  or  <  itL-r 
appointing  power,  when  their  services  are  unnecessary,  or 
for  dishonesty,  incapacity,  inefficiency,  misconduct,  or  neg 
lect  of  duty;  and  when  so  removed  the  removal  shall  be 
reported  to  the  Senate,  together  with  the  reasons  therefor. 

Which  was  disagreed  to — yeas  6,  nays  38,  as 
follows  : 

YEAS — Messrs.  Davis,  Hendricks,  Powell,  Riddle,  Sauls- 
'•  burt/,  Wade — 6. 

NAYS — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Colla 
mer,  Conness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot, 
Foster,  Grimes,  Hale,  /fording.  Harlan,  Harris,  Henderson, 
Howard,  Howe,  Johnson,  Lane  of  Indiana,  Lane  of  Kansas. 
McDougall,  Morgan,  Morrill,  Aesmith,  Pomeroy,  Ramsey, 
Shernuii),  Sprague,  Simmer,  Ten  Eyck,  Trumbull,  Van 
i  Winkle,  Wilkinson,  Willey,  Wilson— 38. 

Mr.  POWELL  offered  a  new  article,  as  follows  : 

ARTICLE  XVI. 

Every  law,  or  resolution  having  the  force  of  law,  shall 
relate  to  but  one  subject,  and  that  shall  be  expressed  in  th» 
i  title. 

Which  was  disagreed  to — yeas  6,  nays  37,  as 
i  follows: 

YEAS — Messrs.  Cowan,  Davis,  Hendricks,  Powell,  Riddle. 
'  Saulshury — 6. 

NAYS — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
|  ness,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 


AND    KINDRED    SUIUECTS. 


257 


Ilale,  Harding,  Harlan.  Harris,  Henderson,  Howard,  Howe. 
Johnson,  Lane  of  Indiana,  Lane  of  Kansas,  McDougaU, 
Morgan,  Morrill,  Nesmith,  Pomeroy,  Ramsey,  Sherman, 


Bpra 

Wilt 


-u, 


.  Sumner,  Ten  Eyck,  Trumbull,  Van  Winkle,  Wade, 


ilkinson,  Willey,  Wilson—  37. 
April  8  —  Mr.    SAULSBURY   moved 


to  strike 


out  all  after  the  word  k(  Article  xiii,"  and  insert 
the  following: 

SECTICX  1.  All  persons  shall  have  the  right  peaceably  to 
«ssemble  .ind  worship  God  according  to  the  dictates  of  their 
own  conscience. 

SEC.  2.  Tho  use  of  the  public  press  shall  not  be  obstructed ; 
but  criminal  publications  made  in  one  State  against  the 
.'awful  institutions  of  another  State  shall  not  be  allowed. 

SEC.  3.  The  right  of  citizens  to  free  and  lawful  speech  in 
public  assemblies  shall  not  be  denied.  Access  of  citizens  to 
the  ballot-box  shall  not  be  obstructed  either  by  civil  or 
military  power.  The  military  shall  always  be  subordinate 
to  the  existing  judicial  authority  over  citizens.  The  privi 
lege  of  the  writ  of  habeas  corpus  shall  never  be  suspended 
in  the  presence  of  the  judicial  authority. 

SEC.  4.  The  militia  of  a  State  or  of  the  United  States  shall 
not  be  employed  to  invade  the  lawful  rights  of  the  people 
of  any  of  the  several  States ;  but  the  United  States  shall 
not  be  hereby  deprived  of  tbe  right  and  power  to  defend 
and  protect  its  property  and  rights  within  the  limits  of  any 
of  the  States. 

St.c.  5.  Persons  held  to  service  or  labor  for  life,  in  any 
State  under  tbe  laws  thereof,  may  be  taken  into  any  Ter 
ritory  of  the  United  States  south  of  north  latitude  36°  30', 
and  the  right  to  such  service  or  labor  shall  not  be  impaired 
thereby,  and  the  Territorial  Legislature  thereof  shall  have 
the  exclusive  right  to  make  and  shall  make  all  needful 
rules  and  regulations  for  the  protection  of  such  right,  and 
also  for  the  protection  of  such  persons :  but  Congress  or 
any  Territorial  Legislature  shall  not  have  power  to  impair 
or  abolish  such  right  of  service  in  tho  said  Territory  while 
in  a  territorial  condition  without  the  consent  of  all  the 
States  south  of  said  latitude  which  maintain  such  service. 

SEC.  6.  Involuntary  servitude,  except  for  crime,  shall  not 
be  permanently  established  within  tbe  district  set  apart  for 
the  seat  of  government  of  the  United  States  : 
of  sojourn  in  such  district  with  persons  he! 
labor  for  life  shall  not  be  denied. 

SEC.  7.  When  any  Territory  of  the  United  States  south  of 
north  latitude  36°  30'  shall  have  a  population  equal  to  the 
ratio  of  representation  for  ono  member  of  Congress,  and  the 
people  thereof  shall  have  formed  a  constitution  for  a  re 
publican  form  of  government,  it  shall  be  admitted  as  a 
State  into  tho  Union,  on  an  equal  footing  with  the  other 
States;  and  the  people  may  in  such  constitution  either  pro 
hibit  or  sustain  the  right  to  involuntary  labor  or  service, 
arid  alter  or  amend  tho  constitution  at  their  will. 

SEC.  8.  The  present  right  of  representation  in  section 
two,  article  one,  of  this  Constitution  shall  not  be  altered 


a  writ  of  error  to  the  Supreme  Court  of  the  United 
States. 

SEC.  15.  All  acts  of  any  inhabitant  of  the  United  States 
tending  to  incite  persons  held  to  service  or  labor  to  insur 
rection  or  acts  of  domestic  violence,  or  to  abscond,  are 
hereby  prohibited  and  declared  to  be  a  penal  offence,  and 
all  the  courts  of  the  United  States  shall  be  open  to  suppress 
and  punish  such  offences  at  the  suit  of  any  citizen  of  the 
United  States  or  tho  suit  of  any  State. 

SEC.  16.  All  conspiracies  in  any  State  to  interfere  with 
lawful  rights  in  any  other  State  or  against  the  United  States 
shall  be  suppressed ;  and  no  State  or  the  people  thereof 
shall  withdraw  from  this  Union  without  the  consent  of 
three  fourths  of  all  the  States,  expressed  by  an  amendment 
proposed  and  ratified  in  the  manner  provided  in  article  five 
of  tho  Constitution. 

SEC.  17.  Whenever  any  State  wherein  involuntary  servi 
tude  is  recognized  or  allowed  shall  propose  to  abolish  such 
servitude,  and  shall  apply  for  pecuniary  assistance  therein, 
the  Congress  may  in  its  discretion  grant  such  relief,  not  ex 
ceeding  one  hundred  dollars,  for  each  person  liberated  ;  but 
Congress  shall  not  propose  such  abolishment  or  relief  to 
any  State.  Congress  may  assist  free  persons  of  African 
descent  to  emigrate  and  civilize  Africa. 

SEC.  18.  Duties  on  imports  may  be  imposed  for  revenue, 
but  shall  not  be  excessive  or  prohibitory  in  amount. 

SEC.  19.  When  all  of  the  several  States  shall  have  abol 
ished  slavery,  then  and  thereafter  slavery  or  involuntary 
servitude,  except  as  a  punishment  for  crime,  shall  never  bt 
established  or  tolerated  in  any  of  the  States  or  Territories 
of  the  United  States,  and  they  shall  be  forever  free. 

SEC.  20.  The  provisions  of  this  article  relating  to  invol 
untary  labor  or  servitude  shall  not  be  altered  without  the 
consent  of  all  the  States  maintaining  such  servitude. 

Which  was  rejected,  without  a  division. 

The  joint  resolution  proposing  the  amend 
ment,  as  reported  from  the  Committee  on  the 
Judiciary,  was  then  passed — yeas  38,  nays  6,  aa 
follows : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Col- 
lamer,  Conness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot, 
Foster,  Grimes,  Hale,  Harding,  Harlan,  Harris,  Fessenden, 
Howard,  Howe,  Johnson,  Lan«  of  Indiana,  Lane  of  Kansas, 
Morgan,  Morrill,  Nesmith,  Pomeroy,  Ramsey,  bherman, 
Sprague,  Sumner.  Ten  Eyck,  Trumbull,  Van  Winkle,  Wade, 
Wilkinson,  Willey,  Wilson— 38. 

NAYS— Messrs.  Davis,  Hendricks,  McDougalL  Powell. 
Riddle,  Saulsbury—6. 

VOTE  IN  THE  HOUSE  OF  REPRESENTATINE8. 

May  31 — This  joint  resolution  coming  up, 
Mr.  HOLMAN  objecting  to  its  second  reading, 
the  vote  on  rejecting  the  bill  was  yeas  55,  nays 


without  the  consent  of  all  tho  States  maintaining  the  right  ffl  as  follows- 
to  involuntary  service  or  labor  south  of  latitude  36°  30',  but 
nothing  in  this  Constitution  or  its  amendments  shall  be  YEAS— Messrs.  James  C.  Allen,  Ancona,  Bliss,  Brookt, 
ronstrued  to  deprive  any  State  south  of  said  latitude  36°  30'  Jam™  S.  Brown,  Chanter,  Coffroth,  Cox,  Cravens,  Dawson, 
of  the  right  of  abolishing  involuntary  servitude  at  its  will  j  Denison,  Eden,  Edgerton,  EUlridge,  Finck,  Ganson,  Grider, 
SEC.  9.  The  regulation  and  control  of  the  right  to  labor  I  Hall,  Harrington,  Herrick,  Holman,  Philip  Johnson,  Wil- 
or  service  in  any  of  the  States  south  of  latitude  36°  30'  !  ^am  Johnson,  Kalbjleisch,  Kernan,  King,  Knapp,  Law, 
is  hereby  recognized  to  be  exclusively  the  right  of  each  \Lon9i  Mallwy,  Marcy,  McAllister,  McDowell,  James  R. 
State  within  its  own  limits;  and  this  Constitution  shall  not  I  ^»rris,  Morrison,  Nelson,  Noble,  Odell,  Pendleton,  Pruyn, 
be  altered  or  amended  to  impair  this  right  of  each  State  j  Radford,  William  H.  Randall,  Ross,  John  13.  Steels,  Wil- 
without  its  consent :  Provided,  This  article  shall  not  be  \liam  &•  Steele,  Stiles,  Sweat,  Voorhees,  Wadsworth,  Ward, 
construed  to  absolve  the  United  States  from  rendering  as-  Wheeler,  ChiUon  A.  White,  Joseph  W.  White,  Winfield,  Fer- 
Bistauce  to  suppress  insurrections  or  domestic  violence  j  «"«<&>  Wood— 55. 


, 

when  called  upon  by  any  State,  as  provided  for  in  section 
four,  article  four,  of  this  Constitution. 

SEC.  10.  No  State  shall  pass  any  law  in  any  way  interfer 
ing  with  or  obstructing  tho  recovery  of  fugitives  from  jus 
tice,  or  from  labor  or  service,  or  any  law  of  Congress  made 
under  article  lour,  section  two,  of  this  Constitution  ;  and 
all  laws  in  violation  of  this  section  may,  on  complaint  made 
by  any  person  or  iitate,  be  declared  void  by  the  Supreme 
Court  of  the  United  States. 

SEC.  11.  As  a  right  01'  comity  between  the  several  States 
couth  of  latitude  ol>°  30'  tho  right  of  transit  with  persons 
held  to  involuntary  labor  or  service  from  one  State  to 
another  shall  not  be  obstructed,  but  such  persons  shall  not 
be  brought  into  tho  States  north  of  said  latitude. 

SEC.  12.  The  traffic  in  slaves  with  Africa  is  hereby  forever 


NAYS— Messrs.  Alley,  Allison,  Ames,  Anderson.  John  D. 
Baldwin.  Baxter,  Beaman,  Blaine,  Jacob  B.  Blair,  Bo  yd, 
Broomall,  Ambrose  W.  Clark,  Cobb,  Cole,  Creswell,  Henry 
Winter  Davis,  Thomas  T.  David,  Dawes,  Donnelly  Dri-crs 
Eckley,  Eliot,  Fenton,  Frank,  Garfield,  Gooch.  (Jriniioll, 
Griswold,  Hale,  Uigby,  Hooper,  Hotchkiss,  Asahel  W. 
Hubbard,  John  II.  Hubbard,  Hulburd,  Ingeraoll,  JeockM 
Kelley,  Francis  W.  Kellogg,  Oilaudo  Kellogg,  Littlejohn, 
Loan,  Longyear,  Marvin,  McClurg,  Morrill,  Daniel  Morris, 
Amos  Myers,  Leonard  Myers,  Charles  O'Neill.  Orth,  Pat 
terson,  Perhani,Pike,  Pomeroy,  Price,  Alexander  II.  Kice, 
John  II.  Kice,  Edward  H.  Rollins,  Schenck,  Scofield,  Shan 
non,  Sloan.  Spalding,  Stevens,  Thomas,  Tracy  Upsoi; 
Ellihu  B  Washburne,  Wi.liam  B.  Washburn,  Webster, 
Wbaley,  Williams,  Wilder,  Wilson,  Windoni— 76. 


prohibited  on  pain  of  death  and  tho  forfeiture  of  all  tho 
rights  and  property  of  persons  engaged  therein ;  and  the 
descendants  of  Africans  shall  not  be  citizens. 

SEC.  13.  Alleged  fugitives  from  labor  or  service,  on  re 
quest,  shall  have  a  trial  by  jury  before  being  returned. 

SEC  14.  All  alleged  fugitives  charged  with  crime  com 
mitted  in  violation  of  tho   laws  of  a   State   shall  have  the 
right  of  trial   by  jury,  and  if  such  person  claims  to  be  a  , 
cm/en  of  another  State,  shall  have  a  right  to  appeal  or  of  |  WHEELER    was   disagreed  to. 


June   14— Mr.   WHEELER  offered   an  amend 
ment,  to  add  this  proviso : 

That  this  article  shall  not  apply  to  the  States  of  Kentucky, 
Missouri,  Delaware,  and  Maryland  until  after  the  expir.ition 
of  ten  years  from  the  time  the  same  shall  be  ratified. 
June    15 — The   amendment   offered    by  Mr. 
Also  the  amend- 


268 


REPEAL   OF   THE    FUGITIVE   SLAVE   LAWS, 


ment  of  Mr.  PKNDLETON,  that  the  proposed 
amendments  to  the  Constitution  be  submitted 
to  conventions  instead  of  the  Legislatures  of  the 
States,  so  that  the  ratification,  if  at  all,  shall  be 
by  conventions  of  three  fourths  of  the  States. 
Th«  joint  resolution  of  the  Senate  was  then 
rejected— yeas  95,  nays  66,  (two-thirds  being 
necessary,)  as  follows: 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Baili/  J  D.Baldwin,  Baxter,  Beaman,  Blaine,  J.  B.  Blair, 
Blow  Boutwell,  Boyd,  Brandegee,  Broomall,  Ambrose  >\ . 
Clark,  Freeman  Clarke,  Cobb,  Cole,  Creswell,  Dawes,  L'em- 
inp  Dixou,  Donnelly,  Dri<b'gs,  Eck'.ey,  Eliot,  Farnsworth, 
Feiiton.  Frank,  Gartield,  Gooch,  Griswold,  Hale,  Iligby, 
Hooper  Hotchkiss,  Asahel  W.  Hubbard,  John  II  Hubbard, 
Ilulburd,  Ing'M-soll,  Jenckes,  Julian,  Ka«Bon,  Kelley,  Iran- 
cis  W.  Kollogg,  Orlando  Kellogg,  Littlejohn,  Loan,  Long- 
year,  Marvin,  MrClurg,  Mclndoe,  Samuel  F.  Miller  Moor- 
head  Morrill.  Daniel  Morris,  Amos  Myers,  Leonard  Myers, 
Norton,  Odell,  Charles  O'Neill,  Orth,  Patterson,  Perham 
Pike,  Price,  Alexander  H.  Rice,  John  H.  Rice,  Edward  H. 
Rollins,  .-chenck,  Sc'.field,  Shannon,  Sloan. Smith,  Sm.thers, 
Bpaldilig,  Starr,  Stevens,  Thayer,  Thomas,  Tracy,  Upson, 
Van  Valkenburgh,  Ellihu  B.  Washburne,  Wm  B.  Wa^h- 
bnrn,  \Vebster,  Whaley,  Wheeler,  Williams,  Wilder,  Wil 
son,  Windom,  Woodbridge— 95. 

NATS— Mesers.  James  C.  Allen,  Wm.  J.  Allm,  Ancona, 
Ashley  luouxtus  C.  Baldwin,  Bliss.  Brooks,  James  S.  Brown, 
Chanter  Co  ff rath,  Cox,  Cravens,  Dawson,  Demson,  Rlen 
mgertrm,  Eldridge,  English,  Finck,  Ganr,on,  tfr»/er.  Hard, 
inn  llarriii'iton,  Ifrrrick,  Holman,  Hutchms,  Phd,p  John 
son,  William  Johnson,  Kalbjleisch,  Kernan,  King,  Law, 
Lazear  Le  Blond,  Long,  Matlory,  Marcy,  McAllister  Mc 
Dowell,  McKinney,  Wm.  H.  Miller,  James  R. Moms,  Morn- 
son,  Noble,  J.  O'Neill,  Pendleton,  Perry,  Pm>/n,  Radford,  S. 
J.  Randall,  Robinson,  Rogers,  James  S.  Rollins,  Ross,  Scott,, 
John  B.Steele,  Wm.  G.  Sieele,  Stiles,  Strode,  Stuart  Sweat, 
Wadsworth,  Ward,  Chilian  A.  White,  Joseph  W.  White,  Fer- 

""NOT  TYon^Q-MeRsrs.  William  G.  Brown,  Clay,  Henry 
Winter  Davis,  Thomas  T.  Davis,  Dumont,  Grmnell,  UaU, 
Benjamin  G.  Harris,  Charles  M.  Harris,  Knapp  McBnde, 
Mtddleton,  Nelson,  Pomeroy,  Wm.  H.  Randall,  Stebbint, 
Voorhees,  Winfield,  Benjamin  Wood,  Yeaman—20. 

Same  day,  Mr.  ASHLEY  entered  a  motion  to 
reconsider  the  above  vote. 

OTHER  PROPOSITIONS. 

IN  HOUSE. 

1864,  February  15— Mr.  ARNOLD  offered  this 
resolution : 

Resolved   That  the  Constitution  should  be  so  amended  aa 
to  abolish  slavery  in  the  United  States  wherever  it  now  ex 
ists,  and  to  prohibit  its  existence  in  every  part  thereof 
ever. 

The  House  refused  to  table  it— yeas  58,  nays 
79  ;  and  passed  it— yeas  78,  nays  62,  as  fol 
lows  : 


YEAS— Messrs.  Allison,  Anderson,  Arnold,  Ashley,  Baily, 
John  D.  Baldwin,  Baxter,  Beaman,  Jacob  B.  Blair,  Blow, 
Boutwell,  Boyd,  Braudegee,  Broomall,  Cobb,  Cole,  Creswell, 
Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes,  Dixon,  Dou- 
nellv  Driggs,  Dumont,  Eckley,  Eliot,  Farnsworth,  Irank, 
Sield,  Uooch,  Grinnell,lligby,  Hooper,  Asahel  W  Hub- 
biu-d  John  II.  Hubbard,  Ilulburd,  Jenckes,  Julian  Kclley, 
Francis  W.  Kellojw,  Loan,  Longyear,  Marvin,  McUurg, 
Samuel  F.  Miller,  Mborhead,  Morrill,  Daniel  Morris  Amos 
Mvers,  Leonard  Myers,  Norton,  Charles  O'Neill  Orth  Pat 
terson  Perham,  Pike,  Pomeroy,  Price,  Alexander  11.  Rice, 
John  II.  Rice,  Edward  II.  Rollins,  Schcnck,  Scoheld  Shan 
non,  Smithes,  Spalding,  Stevens,  Thayer,  Thomas  Lpson, 
Van  ValkenbUMh,  £«»'«  «•  Woshburnc,  AVilliam  JJ.  \\  ash- 
burn,  Whaley,  Williams,  Wilder,  Wilson,  \\indom— <  8. 

N  VYS— Messrs.  James  C.  Alien,  William  J.  All™,  Ancrma, 
Augustus  <••  Baldwin,  Bliss,  Brooks,  James  S.  Brown  (.lay, 
Coil'roth  Cox  Cravens,  Daws<m,  Denison,  Eden,  Eagertan, 
Eldridge,  Finck,  Ganxon,  Gridcr,  Hall,  Harding,  Harnng- 
trni,  Benjamin  G.  Harri*,  HerricJc,  Holman,  William  Johnson, 
Orlando Kello-g, K#»an, King,  Knapp,  Law.&uear,  /.»>>!/, 
Slallonj,  McAllister,  McBride,  McDowell,  Mchnwv,  H/JJ. 
If.  Milhr,  James  R.  Morris,  Morrison,  Nelson,  N^OdeU, 
John  O'Ncill,  Pendleton,  Perry,  Samuel ./.  A'«  ndali,  WlUiam 
II.  Randall,  Robinson,  James  S.  Rollins,  Ross,  Scott,  John  B. 
Steel'-,  ,S'/i7c>*,  Struuse,  Stuart,  Sweat,  Chilian  A.  White,  Jo?e2>h 
W.  White,  Win/iehL,  Fernando  Wood~- 62. 

February  15-  Mr.  WINDOM  offered  this  reso 


lution,  which  was  referred  to  the  Committee  on 
the  Judiciary  : 

Resolved  by  the  Senate  and  House  of  Representatives,  <£?., 
That  (two  thirds  of  both  Houses  concurring)  the  following 
article  bo  proposed  to  the  Legislatures  of  the  several  States 
as  an  amendment  to  tho  Constitution  of  the  United  States, 
which,  when  ratified  by  three  fourths  of  said  Legislatures, 
shall  be  valid,  to  all  intents  and  purposes,  as  part  of  said 
Constitution,  namely : 

ARTICLE  13. 

SEC.  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted,  shall  exist  within  the  United  States 
or  any  place  subject  to  their  jurisdiction. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

1864,  March  28 — Mr.  STEVENS  offered  the  fol 
lowing  joint  resolution  : 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  Statetof  America  in  Congress  cutembbd,  That  the 
following  articles  bo  proposed  to  the  several  States  aa 
amendments  to  the  Constitution  of  the  United  States: 

\RTICLE  1.  Slavery  and  involuntary  servitude,  except  for 
the  punishment  of  crimes  whereof  the  party  shall  have 
been  duly  convicted,  is  forever  prohibited  in  the  Umtei 
States  and  all  its  Territories. 

ART  2.  So  much  of  article  four,  section  two,  as  refers  to 
the  delivery  up  of  persons  held  to  service  or  labor  escap 
ing  into  another  State  is  annulled. 

On  a  motion  to  reject  the  resolution,  the 
yeas  were  45,  nays  75,  as  follows : 

YEAS— Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Auauftus  C.  Baldwin,  Bliss,  Brooks,  James  S.  Brown,  Chan- 
Ur  Cloy  Cravens  Dawson,  Den  i  son,  Eldridge,  EngUth,  Finck, 
Canton,' Grider.  '//a/*,  Harding,  Harrington,  Benjamin  G. 
Harris  Herrick,  Holman,  Philip  Johnson,  Knapp,  Law, 
Mattory  Maro/,  James  R.  Morris,  Morrison,  Noble,  John 
O'Neifi,'  Pendleton,  Perry,  Fruyn,  Samnel  J.  Kandml> 
Rogers,  James  S.  Rollins,  Ross,  Scott,  John  B.  Steele,  Wdliam 
G.  Steele,  Sweat,  Winjicld,  Yeaman — 45. 

N  \YS-Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
Bailv  John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Francis  P. 
Blair  jr.,  Blow,  Boutwell,  Boyd,  Brandegee,  Broomall,  Am 
brose  W.Clark,  Cobb,  Cole,  Henry  Winter  Davis  Thomas  1. 
D'ivi«  Demin"-,  Dixon,  Drijrgs,  Dumont,  Lckley,  tliot, 
Frank  Garlield,  Grinnell,  Hale,  Higby,  Hooper,  Hotchkiss, 
Asiheiw  Ilub.ard,  John  II.  Ilubbard,  Ilulburd,  Jencke*, 
*££  Kasson,  Kelley,  Francis  W.  Kellogg,  Lonjryear,  Me- 
Bride  MeClurg,  Samuel  F.  Miller,  Moorhead,  Morrih, 
Leonard  Myera,  Norton,  Charles  O'Neill,  Orth,  Perham, 
Pik  Pomeroy  Price,  Alexander  H.  Rice,  John  II.  Rice, 
Edward  II.  Rollins,  Srhe.uk,  Scofiuld,  Shannon,  Smithers, 
Spalding,  Stevens,  Thomas,  Tracy,  Upson,  ^an  ^  alkenUn-g  ., 
Ellihu  B.  Washburne,  William  B.  Washburn,  ^eboter. 
Whaley,  Wilson,  Windom— 75. 
It  was  then  laid  over. 

On  motion  of  Mr.  STEVENS  the  second  arti 
cle  was  stricken  out, 

IN   SENATE. 

1864    Feb.  8— Mr.   ANTHONY  offered  a  joint 
resolution   to   repeal   the  joint   resolution    to 
amend  the  Constitution  of  the  United  States, 
approved  March  2,   1861,   which    was   a 
lows : 
Resolved,  d-c.,  That  the  following  article  be  propow 


T.  No  amendment  shall  be  made  Jo  the  Omjti- 
tnfion  which  will  authorize  or  give  to  Congress  the  power 
SaSltthor  Sterfere  within  any  State  with  tho  «!;«»'•>'«• 
in,tituti<.ns  thereof;  lncludinf  that  of  persons  held  to  labor 
or  service  by  tho  laws  of  said  State. 

May  a—On  motion  of  Mr.  TRUMBULI-,  the 
Committee  on  the  Judiciary  were  discharged 
from  its  further  consideration. 

OTHER    PROPOSED    AMENDMENTS. 

A  convention  held  in  Alleghany  City,  Penn., 
January  27,  1864,  adopted  the  following  r< 

,  First,  That  we  deem  it  a  matter  of  paramount 


AND    KINDRED    SUBJECTS. 


259 


importance  to  the  life  and  prosperity  and  permanency  o 
our  nation  that  the  Constitution  be  so  amended  as  fully  t< 
express  tho  Christian  national  character. 

Resolved,  Second,  That  we  are  encouraged  by  the  succes 
attending  the  labors  of  the  friends  of  this  movement  tc 
persevere  in  the  hope  that,  with  the  blessing  of  God,  it  wil 
speedily  result  in  tho  consummation  of  its  great  object. 

Resolve'1,  Third.  That  the  late  proclamation  of  his  Ex 
cellency  tlie  President  of  the  United  States,  recommending 
the  observance  of  days  of  national  fasting,  humiliation 
and  prayer,  as  suggested  by  the  Senate,  for  the  purpose  o 
confessing  our  national  sins,  which  have  provoked  the 
divine  displeasure,  and  of  imploring  forgiveness  through 
Jesus  Christ;  and  also  days  of  national  thanksgiving  for  th 
purpose  of  making  grateful  acknowledgments  of  God's 
mercies ;  we  have  pleasing  evidence  that  God  is  graciously 
inclining  tho  hearts  of  those  who  are  in  authority  over  us 
to  recognize  His  hand  in  national  affairs,  and  to  cherish  a 
sense  of  our  dependence  as  a  nation  upon  Him. 

Which  was  subsequently  presented  to  the 
President  by  a  committee  of  the  convention 
with  an  address.  The  President  made  this  reply 
GENTLEMEN:  The  general  aspect  of  your  movement  1 
cordially  approve.  In  regard  to  particulars  I  must  ask 
time  to  deliberate,  as  the  work  of  amending  tho  Constitu 
tion  should  not  be  done  hastily.  I  will  carefully  examine 
your  paper  in  order  more  fully  to  comprehend  its  contents 
than  is  possible  from  merely  hearing  it  read,  and  will  take 
such  action  upon  it  as  my  responsibility  to  our  Maker  and 
•our  country  demands. 

Numerously  signed  petitions  were  presented 
to  Congress  during  the  late  session. 

1864,  April  11 — Mr.  CRAVENS  offered  these 
resolutions,  which  went  over,  under  the  rule  : 

Resolved,  That  in  the  present  condition  of  the  country, 
when  the  passions  of  the  people  are  inflamed  and  their 
prejudices  are  excited,  it  is  unwiso  and  dangerous  to  attempt 
to  alter  or  amend  the  Constitution  of  the  United  States ; 
that  ample  power  is  contained  within  its  limits  as  it  no 
exists  to  protect  find  defend  the  national  life,  and  the  exer 
cise  of  power  not  warranted  by  its  provisions  would  be  to 
enter  the  field  of  revolution,  and  dangerous  to  the  liberties 
of  the  people,  tending  to  the  establishment  of  military  des 
potism  and  the  final  overthrow  of  free  government  in  Amer- 

Resolved,  That  any  attempt  by  Congress  to  reduce  States 
to  the  condition  of  Territories  is  as  odious  and  as  revolution 
ary  in  its  character  and  tendency  as  secession  itself. 

Resolved,  That  it  is  tho  duty  of  tho  Government  to  listen 
to  and  consider  any  proposition  for  reconciliation  that  may 
be  offered  by  the  insurgents  which  does  not  involve  the 
question  of  soparat  ion. 

Rcsolred,  That  tho  thanks  of  the  nation  are  due,  and  are 
hereby  tendered,  to  the  officers,  soldiers,  and  seamen  who 
have  so  gallantly  borne  our  flag  in  this  hour  of  peril  to  our 
country. 

March  24 — Mr.  ELAINE  offered  this  resolu 
tion,  which  was  adopted : 

Resolved,  That  the  Judiciary  Committee  be  directed  to 
Inquire  into  the  expediency  of  proposing  an  amendment  to 
the  Constitution  of  the  United  States,  by  striking  out  the 
fifth  clause  of  section  nine,  article  one,  which  forbids  the 
levying  of  a  tax  on  articles  exported  from  any  State. 

IN  SENATE. 

March  3 — Mr.  DAVIS  presented,  for  printing, 
an  amendment  he  proposed  to  offer  to  the  amend 
ment  of  the  Constitution  reported  by  the  Judi 
ciary  Committee : 

First.  That  no  negro  or  person  whose  mother  or  grand 
mother  is  or  was  a  negro  shall  be  a  citizen  of  the  United 
States,  or  he  eligibly  to  any  civil  or  military  office,  or  to  any 
place  of  trust  <<r  profit  under  the  United  States. 

Second.  That  tho  States  of  Maine  and  Massachusetts  shall 
form  ami  constitute  one  State  of  the  United  States,  to  be 
cnllbd  East  New  England,  and  the  States  of  New  Hamp 
shire,  Rhode  Island,  Connecticut,  and  Vermont  shall  form 
and  constitute  one  State  of  the  United  States,  to  be  called 
West  New  England. 

Resolutions  on  Slavery. 

First  Session  Thirty-Eighth  Congress. 

18G4,  Jan.  18— Mr.  HARDING  offered  this  res 
olution  : 

Resolved,  That  the  maintenance  inviolate  of  the  rights 


of  the  States,  and  especially  the  right  of  each  State  to  or 
der  and  control  its  own  domestic  institutions  according  to 
its  own  judgment  exclusively,  is  essential  to  that  balance 
of  power  on  which  the  perfection  and  endurance  of  our 
political  fabric  depend. 

Mr.  STEVENS  moved  to  lay  it  on  the  table, 
which  was  lost — yeas  73,  nays  75.  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Ashley,  John  D. 
Baldwin,  Baxter,  Beaman,  Jacob  B.  Blair,  Boutwell,  Boyd. 
Brandegee,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cole,  Creswcll,  Thomas  T.Davis,  Deming,  Dixon,  Donnelly, 
Driggs.  Kckley,  Eliot,  Farnsworth,  Frank,  Garfield,Gooch, 
Grinuell,  Higjy,  Hooper,  Hotchkiss,  Asahcl  W.  Hubbard, 
Hulburd.  JencUes,  Julian,  Kelley,  Francis  W.  Kellogg,  Or 
lando  Kellogg,  Loan,  Longyear,  Marvin,  McBride,  McOlnrg, 
Mclndoo,  Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel 
Morris,  Leonard  Myers,  Charles  O'Neill,  Patterson,  Perham 
Pike,  Pomeroy,  Price,  John  II.  Rice,  Edward  II.  Rollins, 
Schenck,  Smtthers,  Spalding,  Stevens,  Thayer,  Thomap 
Upson.  Ellihu  B.  Washburne,  William  B.  Washburn,  Wha- 
ley,  Williams,  AVilder,  Wilson,  Windom,  Woodbridge— 73. 

NAYS— Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Augustus  C.  Baldwin,  Francis  P.  Blair,  jr..  Bliss.  Brooks, 
James  S.  Brown,  W.  G.  Brown.  Chanler,  Clay.  Cnffroth.  Coxt 
Cravens,  Dawson.  Denison,  Eden,  Edgerton,  Eldridge,  Eng 
lish,  Finck,  Ganson,  Grider,  Griswold,  Hale,  Hall,  Harding, 
Harrington,  Benjamin  G.  Harris,  Herrick,  Holman,  Hutch- 
ins  William  Johnson,  Kernan,  King.  Knapp.  Lazear,  Le 
Blond,  Long,  Marcy,  McAllister,  McDowell,  McKinney,  Mid- 
dleton,  Wm.  H.  Millr.  James  R.  Morris,  Morrison,  Amos 
My  ere,  Nelson.  Noble.  John  O'Neill,  Orth,  Pendleton,  Wm. 
II.  Randall,  Robinson,  Jam.es  S.  Rollins,  Ross,  SconVld, 
John  G  Scott.  Smith,  John  B.  Steele,  Stiles,  Strouse,  Stuart, 
Sweat,  Tracy,  Voorhees,  Wadsworth.  Webster,  Wheeler,  Chilr 
ton  A.  White,  Joseph  W.  White,  Winfidd,  Fernando  Wood, 
Yeoman — 75. 

It  was  then  referred  to  the  Committee  on  the 
Rebellious  States — yeas  83,  nays  68,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley,  John 
D.  Baldwin,  Baxter,  Beaman,  Elaine,  Jacob  B.  Blair,  Bout- 
well,  Boyd,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke, 
Clay,  Cole,  Creswell,  Thomas  T.  Davis,  Dawes,  Deming, 
Dixon,  Donnelly,  Driggs,  Eckley,  Eliot,  Farnsworth,  Fenton, 
Frank,  Garfield,  Gooch,  Grinnell,  Higby,  Hotchkiss,  John 
II.  Ilubbard,  Hulburd,  Jenckes,  Julian,  Kasson,  Kelley, 
Orlando  Kellogg,  Loan,  Longyear,  Lovejoy,  Marvin,  McBride, 
McClurg,  Mclndoe,  Samuel  F.  Miller,  Moorhead,  Morrill, 
Daniel  Morris,  Amos  Myers.  Leonard  Myers,  Charles  O'Neill, 
Orth,  Patterson,  Perham,  Pike,  Pomeroy,  Price,  Alexander 
II.  Rice,  John  II.  Rice,  Edward  II.  Rollins,  Schenck,  Sco- 
tield,  Shannon,  Smithers,  Spalding,  Stevens,  Thayer,  Thomas, 
Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne,  William 
B.  Washburn,  Webster,  Whaley,  Williams,  Wilder,  Wilson, 
Windom,  Woodbridge — 83. 

NAYS— Messrs.  James  C.  Allm,  William  J.  Allen,  Ancona, 
Augustus  C.  Baldwin,  Francis  P.  Blair,  jr.,  Brooks,  James  S. 
Brown,  William  G.  Brown,  John  W.  Chanler,  Cox,  Cravens, 
Dawson,  Denison,  Eden,  Edgerton,  Eldridf/e,  English,  Finck 


int.  tiwemsm.  ncrnun,  AJ  ng,  i\  napp,  Lf,  liimia,  Long,  Marcy 
McAllister,  McDoweM,  McKinney,  Middleton,  William  H. 
Miller,  James  R.  Morris,  Morrison,  Nelstm,  Noble,  John 
O'JVeill,  Pcndlcton,  Radfm-d,  Samuel  J.  Randall,  Robinson 
Tames  S.  Rollins,  Ross,  Scott,  Smith,  John  B.  Steele,  Stiles 
Strouse,  Stuart,  Sweat,  Tracy,  Voorhces,  Wadxworlh,  Wfietler 
Chilton  A.  White,  Joseph  W.  White,  Win  field  Fernando 
Wood,  Teaman— 68. 

1864,  February  29 — Mr.  MORRISON  offered  the 
bllo wing  resolution  ;  which  was  laid  over  under 
he  rule : 

Resolved,  That  slavery  legally  exists  in  some  of  the  States 
of  the  Union  by  virtue  of  the  Constitution  and  laws  of  such 
States,  and  that  neither  the  Government  of  the  United 
states  nor  the  people,  as  such,  are  responsible  therefor,  noi 
lave  they  any  legal  duty  to  perform  in  relation  thereto  ex- 
ept  such  as  is  enjoined  by  section  two,  article  four  of  the 
federal  Constitution,  in  these  words:  "  No  person  held  to 
ervice  or  labor  in  one  State,  under  the  laws  thereof,  escap- 
ng  into  another,  shall  in  consequence  of  any  law  or  ro."-« 
ation  therein,  be  discharged  from  such  service  or  labor,  but 
hall  be  delivered  up  on  claim  of  the  party  to  whom  such 
ervice  or  labor  may  be  due." 

Bureau  of  Freedmen's  Affairs. 

IN  HOUSE. 
1864,  March  1— The  House  passed  a  bill  U 


260 


REPEAL    OF   THE    FUGITIVE   SLAVE   LAWS. 


establish  a  Bureau  of  Freedraen's  Affairs— yeas 
69,  nays  6*7,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
John  D.  Baldwin,  Baxter,  Beamun,  Blow,  Boutwell,  Boyd, 
Brandeafee,  Ambrose  W.  Clark,  Cobb,  Cole,  Creswell,  Dawes, 
Dixon,' Donnelly,  Driggs,  Dumont,  Eckley,  Eliot,  Farns- 
worth,  Fenton,  Frank,  GarnVld,  Grinnell,  Higby,  Hooper, 
Hotchkiss,  Asahel  W.  Ilubbard,  John  II.  Hubbard,  Jenckes, 
Julian,  Kassoa,  Kelley,  Francis  W.  Kellogg,  Orlando  Kel- 
lo"g,  Longyear,  Lovejoy,  Marvin,  McClurg,  Mclndoe,  Sam 
uel  F.  Millf3r,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Norton,  Charles  O'Neill,  Perham,  Pike,  Pomeroy,  Price, 
Alexander  H.  Rice,  John  II.  Rice,  Schenck,  Shannon,  Sloan, 
Smithers,  Stevens,  Thayer,  Van  Valkenburgh,  William  B.  | 
Washburn,  Wilder,  Wilson,  Windom,  Woodbridge— -69. 

NAYS — Messrs.  Ancona,  Bail];,  Auymtus  C.  Baldwin,  Fran 
cis  P.  Blair,  jr.,  Jacob  B.  Blair,  Brooks,  James  S.  Brown, 
William  G.  Brown,  Chanler,  Clay,  Coffroth,  Cox,  Dawson,  Den- 
ison,  Eden,  EldriUye,  Finck,  Gansan,  Grider,  Griswold,  Hale, 


Ham  H.  Miller,  Morrison,  Nelson,  Noble,  Pmdl-ton,  Rudford, 
Kaimiel  J.  Randall,  Rogers,  Ross,  Scott,  Stebbiru,  John  B. 
Stecle,  William  G.  S'ecle,  Stiles,  Strong  Stuart, Sweat,  Thomas, 
Tracy,  I'oorhees,  Wadxworth,  Webster,  Whaley,  Chilian  A. 
White,  Joseph  W.  White,  Williams,  Winficld— 67. 

[The  bill  created  in  the  War  Department  a 
Bureau  of  Freedmen's  Affairs,  with  a  Com 
missioner,  (at  a  compensation  of  $4,000  per 
annum,)  to  whom  shall  be  referred  the  adjust 
ment  and  determination  of  all  questions  con 
cerning  persons  of  African  descent,  and  per 
sons  who  are  or  shall  become  free  by  virtue  of 
any  proclamation,  law,  or  military  order  issued 
during  the  present  rebellion,  or  by  virtue  of 
any  State  act  of  Emancipation,  or  who  shall  be 
otherwise  entitled  to  their  freedom.  The  Com 
missioner  is  authorized  to  make  all  needful 
rules  and  regulations  for  the  general  superin 
tendence,  direction,  and  management  of  all  such 
p  rsons,  and  to  appoint  a  chief  and  other  clerks. 
All  military  and  civil  officers  charged  with  the 
execution  of  any  law  or  order  liberating  slaves, 
are  required  to  make  returns  of  their  proceed 
ings  to  the  Commissioner,  who  is  authorized 
to  establish  regulations  for  the  treatment  and 
disposition  of  all  freedraen,  that  their  rights 
and  those  of  the  Government  may  be  duly  de 
termined  and  maintained.  Assistant  Commis 
sioners  of  Freedmen  are  to  be  appointed  in  the 
rebellious  States  when  brought  under  military 
authority,  (each  with  an  annual  salary  of 
$2,500,)  with  power  to  permit  freedraen  to  cul 
tivate  lands  in  those  districts  which  hnve  been, 
or  may  be,  abandoned  by  their  former  owners, 
and  all  real  estate  within  such  districts  to  which 
the  United  States  shall  have  acquired  titl$  and 
not  previously  appropriated  to  other  uses,  to 
adjust  wages,  receive  returns,  &c.] 

IN  SENATE. 

18G4,  April  12 — Mr.  SUMNEB  reported  from 
the,  Committee  on  Slavery  and  Freedmen  a  bill 
to  establish  a  Bureau  of  Freedmen,  which  was 
read  and  passed  to  a  second  reading. 

May  25  —  Mr.  SUMNER  reported  back  the 
House  bill  with  an  amendment  in  the  nature 
of  a  substitute. 

June  8 — It  wa,s  considered  in  the  Senate. 
June  15 — Mr.  CARLILK  moved  to  postpone  the 
bill  until  the  first  Monday  of  December  next; 
which  was  rejected — yeas   13,  nays   23,  as  fol 
lows  : 

YEAS — Messrs.  Buckalew,  Carlile,  Davis,  Grimes,  Hen- 
dricks.  Hicks,  Johnson,  Powell,  Richardson,  Riddle,  Sauls- 
bury,  Van  Winkle,  Willey— 13. 


NATS — Messrs.  Anthony,  Brown,  Clark,  Conness,  Dixoh, 
Doolittle,  Fessenden,  Foot,  Hale,  Harlan,  Harris,  Howe, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  Ramsey, 
Sherman,  Sumner,  Ten  Eytk,  Tnnnbuil,  Wade,  Wilson — 23. 

The  amendment  of  Mr.  SAULSBURY  (offered 
on  the  13th)  to  add  this  new  section  : 

That  all  white  persons  in  the  States  not  in  revolt  shall  1>» 
protected,  in  their  constitutional  rights,  and  that  no  such 
person  shall  be  deprived  of  life,  liberty,  or  property,  with 
out  due  process  of  law;  nor  shall  any  such  person  be  held 
to  answer  for  a  capital  or  otherwise  infamous  crime  unless 
on  a  presentment  or  indictment  of  a  grand  jury  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger;  nor 
shall  any  such  person,  except  as  aforesaid,  be  tried  for  any 
crime  or  offence  whatever  by  court-martial  or  military  com 
mission. 

Was  rejected — yeas  8,  nays  29,  as  follows  : 

YEAS — Messrs.  Buckalew,  Carlile,  Davis,  Hendrickt,  Pom* 
ell,  Richardson,  Riddle,  Saulsbury—$. 

NAYS— Messrs.  Anthony,  Brown,  Clark,  Connesa,  Dixon, 
Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harlan, 
Harris,  Hicks,  Howe,  Johnson,  Lane  of  Indiana,  Morgan, 
Morrill,  Pomeroy,  Ramsey.  Sherman,  Sumner,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Wade,  Willey,  Wilson— 29. 

June  28 — The  bill  passed — yeas  21,  nays  9, 
as  follows  : 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Conness,  Doo 
little,  Foot,  Foster,  Harlan,  Howe,  Lane  of  Indiana,  Mor 
gan,  Morrill,  Pomeroy,  Ramsey,  Sprague,  Sumner,  Trum 
bull,  Van  Winkle,  Wade,  Wilkinson,  Wilson— 21. 

NAYS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Hen- 
dricks,  McDougaU,  Powell,  Riddle,  Willey— 9. 

During  the  pendency  of  the  bill  in  the  Senate 
as  in    Committee  of  the    Whole,    Mr.    WILLEY 
ffered  this  as  a  new  section  : 

That  whenever  the  said  Commissioner  cannot  find  abau- 
doned  real  estate  on  which  to  employ  all  of  the  freedmei* 
who  may  come  under  his  care  and  control  by  virtue  of 
this  act,  it  shall  be  his  duty,  so  far  as  may  be  practical,  to 
provide  tor  them  homes  and  employment  with  humane  and 
suitable  persons  at  fair  and  just  compensation  for  their 
services;  and  that  in  order  the  more  effectually  to  accom- 
h  this  purpose  the  said  Commissioner  shall  open  a  cor- 
•espoudence  with  tbe  Governors  and  the  various  municipal 

thorities  of  the  different  States  requesting  their  co  oper 
ation  in  this  behalf. 

Which  was  agreed  to — yeas  19,  nays  15,  as 
follows : 

YEAS— Messrs.  Anthony,  Brown, Clark,  Davis,  Doolittle, 
Foot,  Grimes,  Harlan,  Harris.  Henderson,  Hicks,  Howe, 
Lane  of  Indiana,  Kamsey,  Riddle,  Saukbury,  Sprague,  Vau 
Winkle,  Willey— 19. 

NAYS — Messrs  Buckalew.  Conness,  Cowan,  Foster.  Htn- 
dricks,  Lane  of  Kansas,  Morgan,  Morrill,  J  oweU,  Sumner, 
Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilson — 15. 

In  open  Senate — 

Mr.  WILSON  moved  to  strike  out  these  words  -r 
which  was  rejected — yeas  14,  nays  14,  as  fol 
lows  : 

EA^— Messrs.  Buckalew,  Chandler,  Clark,  Conness,  Het+- 
dricks,  Morgan,  Morrill,  Pomeroy,  Sumner,  Ten  Eyck, 
Truinbull,  Wade.  Wilkinson.  Wilson— 14. 

NAYS— Messrs.  Brown,  Davis,  Foot,  Grimes,  Harlan,  Har 
ris  Hicks,  Johnson,  Lane  or  Indiana,  Powell,  Ramsey^ 
Saulsbury,  Van  Winkle,  Willey— 14. 

The  last  clause,  "  and  that,"  &c.,  was  after 
wards  stricken  out  as  unnecessary,  the  Commis 
sioner  having  full  discretion  over  the  subject- 
matter,  and  being  accessible  to  all  persons  inter 
ested. 

June  30 — The  bill  as  amended  by  the  Senate, 
was  referred  to  the  Select  Committee  in  the 
House,  who  recommended  a  non-concurence  in 
the  Senate  amendments ;  when  the  bill  was 
postponed  to  December  20th  next. 

The  postponement  of  the  bill  leaves  unset 
tled  the  proposition  to  repeal  the  joint  resolu 
tion  amendatory  of  the  confiscation  act.  Each 
House  passed  a  repealing  section,  but  neither 
passed  the  other's.  (  See  p.  203.  ) 


LEGISLATION,  ORDERS,  PROCLAMATIONS, 


AND 


PROPOSITIONS  RELATIVE  TO  THE  WAR  AND  TO  "PEACE." 


The  Enrollment  Acts. 

ACT    OF    MARCH    3,     1863. p.    115. 

Third  Session,  Thirty-Seventh  Congress. 

The  bill  passed  the  Senate  without  a  call  of 
the  yeas  and  nays. 

•  IN  HOUSE. 

February  25 — Mr.  Cox  moved  to  insert  the 
word  "  white  "  so  as  to  limit  the  enrolment  to 
"  white"  able-bodied  males. 

Mr.  LOVEJOY  called  the  yeas  and  nays,  but 
they  were  not  ordered.  And  the  amendment 
was  disagreed  to — yeas  53,  nays  85. 

Mr.  WJCKLIFFE,  of  Kentucky,  moved  to  add 
the  following  to  the  thirteenth  section: 

Provided,  That  the  men  thus  called  into  the  service  shall 
be  by  the  Governor  of  the  State  organized  into  companies 
and  regiments,  and  officers  to  command  them  p.hall  be  ap 
pointed  and  commissioned  by  authority  of  the  State  accord 
ing  to  the  provisions  of  the  constitution  and  laws  thereof, 
and  i;i  obedience  to  the  Constitution  of  the  United  States. 

Which  was  negatived — yeas  55,  nays  104. 
The  YEAS  were  : 

YEAS- Messrs  William  Allen,  William  J.  Allen,  Ancona, 
Bavy,  Biddle,  Clements,  Con  way,  Corning,  Cox,  Cravens, 
CriUe.-iden,  English,  Fisher,  Fmi'.e,  Granger,  Glider,  Hale, 
Hall,  Hardino,  Hdman,  Johnson,  Kerrigan,  Killinger, 
Knapp.  L-;w,  Lazenr,Mallory.  A/ay'.  Alenzies,  Mortis,  Noble, 
Norton.  Nugen,  rendition,  Perry,  Price,  liobinson,  James 
S.  Rollins,  Shiel,  Smith,  John  B.  Steete,  William  G.  Steele, 
.Stiles,  raUandigham,  Voorl-ees,  Wadswor/h,  Ward,  Webster, 
Whftley,  Chilton  A.  White,  Wickliffe,  Wood,  Woodruff, 
Wright,  Yeaman — 55. 

THE  $300  COMMUTATION  CLAUSE.* 

Mr.  HOLMAN  moved  to  strike  out  the  thir 
teenth  section,  which  provides  for  a  commuta 
tion,  not  exceeding  $300,  where  parties  are 
drafted  ;  which  was  disagreed  to — yeas  67, 
•nays  87,  as  follows  : 

YEAS— Messrs.  William  Allen,  William  J.  Allen,  Alley.  An 
cona,  Beainan,  Samuel  S.  Blair,  Blake,  Clements,  Colfax, 
Roscoe  Conkling,  Conway,  Coming,  Cox,  Cravens,  Davis, 
Dawes,  Deluplaine,  Diven,  Eliot,  Fouke,  Franchot,  Granger, 
Hall,  Ilolman,  llutchins,  Johnson,  Julian,  Francis  W.  Kel 
logg,  William  Kellogg,  Kerrigan,  Knapp,  Law,  McPherson, 


*  Ponding  the  engineer  bill  in  Senate, 

March  2— Mr.  TRUMDULL  offered  a  section  repealing  the 
commutation  clause;  which  was  rejected — yeas  10,  nays 
25,  as  follows: 

YEAS — Messrs.  Grimes,  Ilarlan,  Howe,  Lane  of  Indiana, 
Powell,  Saulslmry,  Ten  Eyck,  Trumbull,  Wilkinson,  Wilson 
of  Missouri — 10. 

NAYS — Messrs.  Arnold,  Chandler,  Clark.  Coilamer,  Cowan, 
Dams.  Dixon,  Fessenden,  Foot,  Footer,  Harris,  Hender 
son,  Hicks,  Howard,  Kennedy,  King,  Lane  of  Kansas,  Mer 
rill,  Nesmith,  Pomeroy,  Sherman,  Sumner.  Turpie,  Willey, 
VMison  (if  Massachusetts — 25. 


May,  Morris,  Noble,  Norton,  Nugen,  Pendleton,  Perry,  Por 
ter,  Price,  Riddle,  liobinson,  Edward  II.  Rollins,  James  S. 
Rollins,  Shanks,  Sherman,  Shiel,  John  B.  Steele,  WiUiam  G. 
Steek,  Stiks,  I'allandigham,  Van  Wyck,  Voorhees,  Wads- 
worth,  Wall,  Ward,  Wrashburne,  Albert  S.  White,  ChiUnn 
A.  White,  Wickliffe,  Wilson,  Windom,  Wood,  Worcester, 
Yeaman— 67. 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Buily, 
Baker,  Baxter,  Biddle,  Biugham,  Jacob  B.  Blair,  William  G. 
Brown,  Buffinton,  Calvert,  Campbell,  Casey,  Chamberlain, 
Clark,  Frederick  A.  Conkling,  Crisfidd,  Cutler,  Delano,  Dunn, 
Edgerton,  Edwards,  Ely,  English,  Fen  ton,  Samuel  C.  Fessen 
den,  Thomas  A.  D.  Fessenden,  Fisher,  Flanders,  Frank, 
Gooch,  Goodwin,  Gurley,  Halm,  Harrison.  Hickman, 
Hooper,  Horton,  Kelley,  Killinger,  Lansing,  Lazear,  Leary, 
Lehman,  Loomis,  Lovejoy,  Low,  Mcludoe,  McKean,  Mc- 
Knight,  Marston,  Maynard,  Moorhead,  Anson  P.  Morrill, 
Nixon,  Olin,  Patton,  Timothy  G.  Phelps,  Pike,  Pomeroy, 
Alexander  H.  Rice,  John  II.  Rice,  Sargent,  Sedgwick,  Segar, 
Sheffield,  Sheila barger,  Sloan,  Smith,  Spaulding,  Stratton, 
Benjamin  F.  Thomas,  Francis  Thomas,  Train,  Trimble, 
Trowbridge,  Van  Horn,  Verree,  Walker,  Wallace,  Walton, 
Webster,  Wheeler,  Woodruff,  Wright— 87. 

Mr.  HOLMAN  moved  a  substitute,  the  leading 
|  features  of  which  are  embodied  in  these  sec 
tions  : 

That  such  militia  of  the  several  States  shall  be  enrolled 
under  the  authority  of  the  respective  States,  and  when  any 
number  thereof  shall  be  called  out  by  the  President  of  the 
United  States  as  authorized  by  law,  the  same  shall  be  or 
ganized  into  companies  and  regiments  by  the  Governor  of 
such  State,  subject  to  the  regulations  established  by  the 
President  of  the  United  States  in  pursuance  with  existing 
law,  and  the  company,  field,  and  staff  officers  of  the  forces 
so  organized  shall  be  commissioned  by  such  Governor  as 
now  provided  by  law  for  commissioning  officers  for  the  vol 
unteer  forces:  Provided,  That  such  militia  shall  not  be 
called  out  for  a  period  of  more  than  one  year:  And  pr(r- 
vided  further,  That  the  President  of  the  United  States  in 
calling  out  the  militia  shall  apportion  the  number  from 
each  State  according  to  population,  having  regard  to  the 
number  of  volunteers  or  militia  already  furnished  by  the 
States  respectively. 

That  the  pay  of  the  privates  in  the  regular  army  and  volun 
teers  and  militia  in  the  service  of  the  United  States  shall  be 
$15  per  month,  from  and  after  the  1st  day  of  March,  1863, 
until  otherwise  provided  by  law.. 

Which   was    negatived — yeas   44,   nays   108. 
The  YEAS    were  : 
YE 

Com 

Fo 

Killinger,   Knapp,  Law,  Afn/iort/,    May,  Mcmies,  Morris 

Noble,  Norton,  Nugen,  Pendleton,  Price,  James  S.  Botterit, 

Shiel,  Smith,  John  B.  Steele,  WiUiam  G.  Steele,  Stiles,  Voor- 

hees,  Wadsworth,  Ward,  Whaley,  Chilton  A.  White.  Wood 

Woodruff,  Wright,  Iea»»an-44. 

The  bill  .then  passed — yeas  115,  nays  49,  as 
follows : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baily,  Baker,  Baxter,  Beaman,  Bingham,  Jacob  B.  Blair, 
Samuel  P  Blair,  Blake,  William  G.  Brown,  Buffinton. 
Calvert,  Campbell,  Casev.  Chamberlain,  Clark,  Colfax, 
Frederick  A  Conklinc  Roscoe  Conklir  ''Afield  Cutler 

261 


2f>2 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


Davis,  Dawes,  Delano,  Diven,  Dunn,  Edgerton,  Edwards, 
Eliot  Ely,  Fenton,  Samuel  C.  Fessenden,  Thomas  A.  D. 
Fessenden,  Fisher,  Flanders,  Franchot,  Frank,  Gooch, 
Goodwin,  Granger,  Gurley,  Hahn,  HMaht,  Hale,  Harrison, 
llickman,  Hooper,  Horton,  Uutchins,  Julian,  Kelley,  Fran 
cis  W.  Kellogg,  William  Kellogg,  Killinger,  Lansing,  Leary, 
Lehman,  Loomis,  Lovejoy,  Low,  Mclndoe,  McKean,  Mc- 
Knight,  McPherson,  Marston,  Maynard,  Mitchell,  Moor 
head',  Anson  P.  Morrill,  Justin  S.  Morrill,  Nixon,  Olin,  Pat- 
ton  Timothy  G.  Phelps,  Pike,  Pomeroy,  Porter,  Alexander 
H.  Rice,  John  II.  Rice,  Riddle,  Edward  II.  Rollins,  Sar- 
geur,  Sedgwick,  Segar,  Shanks,  Sheffield,  Shellabarger, 
Sherman,  Sloan,  Spaulding,  Stevens,  Stratton,  Benjamin 
F.  Thomas,  Francis  Thomas,  Train,  Trimble,  TrowbrHgc. 
Vandcver,  Van  Horn,  Verree,  Walker,  Wall,  Wallace, 
Walton,  Washburne,  Webster,  Wheeler,  Albert  S.  White, 
Wilson,  Windom,  Worcester— 115. 

NAYS— Messrs.  William  Allen,  William  J.  Allen,  Ancona, 
Biddle,  Clements,  Conway,  Corning,  Cox,  Cravens,  Critten- 
den,  Deluplaine,  Dunlup,  English,  Fouke,  Grider,  Hall,  Har 
ding,  Holman,  Johnson,  Kerrigan,  Knapp,  Law,  Lazcar, 
Mai  lory.  May,  Menzies,  Aforrix,  Noble,,  Norton,  Nugen,  Pen- 
dleton,  Pen-!/,  Price,  Robinf  on,  James  S.  Rollins,  Shiel,  John 
B.  Sleelc,  William  G.  Ster.Ie,  St.iles,  Vail  andif /ham,  Voorhees, 

Wadsworth,  Ward,  Whaley,  Chilian  A.   White,    Wickliffe, 

Wood,  Woodruff,  Yeaman — 49. 

IN  SENATE. 

February  28 — The  Senate  resumed  the  con 
sideration  of  the  amendments  made  by  the 
House,  as  recommended  by  the  Military  Com 
mittee,  when,  after  debate, 

Mr.  BAYARD  moved  to  postpone  the  bill  inde 
finitely,  which  was  negatived — yeas  11,  nays 
35,  as  follows : 

YEAS — Messrs.  Bayard,  Carlile,  Davis,  Kennedy,  Latham, 
Powell,  Rice,  Richardson,  Saulsbury,  Wall,  Wilson  of  Mis- 

NAYS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla- 
mer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster, 
Grimes,  Harding,  Ilarlan,  Harris,  Henderson,  Hicks,  How 
ard,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas,  McDou- 


gall,  Morrill, 


ng,     a 
Nesm 


ith,  Pomeroy,   Sherman,   Simmer,  Ten 


BOA**     IVIOITIII,     iTC*w»»w*|    JT»       roivjFj     *--ii 

Eyck,  Trumbull,  Wade,  Wilkinson,  Willey,  Wilmot,  Wilson 
of  Massachusetts — 35. 

The  amendments  of  the  House  were  then 
concurred  in,  and  the  bill  was  declared  passed. 

THE  SUPPLEMENT   TO   THE   ENROLLMENT  ACT, 
FEBRUARY  24,  1864— p.  116. 

First  Session,  Thirty-Eighth  Congress. 
18(54,  Januai-y  18 — The  bill   passed  the  Sen 
ate — yeas  30,  nays  10,  as  follows  : 

YEAS— Messrs.  Anthony,  Clark,  Collamer,  Conness,  Cowan, 
Davis,  Dixon,  Doolittle.  Fessenden,  Foot,  Foster,  Hale,  Hard 
ing.  Ilarlan,  Harris,  Howard,  Johnson,  Lane  of  Kansas, 
Morgan,  Morrill,  Nesmi/h,  Pomeroy,  Ramsey,  Sprague.  Sum- 
ner,  Ten  Eyck,  Van  Winkle,  Wade,  Willey,  Wilson— 30. 

NAYS  —  Messrs.  Buckalew,  Carlile,  Grimes,  Hendricks, 
Howe,  Lane  of  Indiana,  Powell,  Saulsbury,  Wilkinson, 
Wright— 10. 

The  bill  contained  a  provision  that  colored 
troops  enlisted  and  mustered  into  the  service  of 
the  United  States  in  any  State  shall  not  be 
credited  upon  the  quota  of  any  other  State; 
which  was  adopted — yeas  27,  nays  11,  as  fol 
lows  : 

YEAH — Messrs.  Brown,  Buckalnv,  Conness,  Cowan,  Davis, 
Doolittle,  Foot,  Grimes,  Hale,  Hnrdintj,  Ilarlan,  Henderson, 
Jfendrif.kx.  Howe,  Johnson,  Lane  of  Indiana,  Lane  of  Kan 
sas,  Morgan,  Morrill,  Nesmith,  Pomeroy,  Ramsey,  Sauls- 
bury,  Sherman.  Ten  Eyck,  Trumbull,  Wright— 27. 

NAYS— Messrs.  Anthony,  Clark,  Dixon,  Fessenden,  Foster, 
Harris,  Howard,  Sprague,  Sunnier,  Wilkinson,  Wilson — 11. 

February  1 — The  House  considered,  in  Com 
mittee  of  the  Whole,  the  substitute  for  the 
Senate  bill  reported  by  the  House  Committee 
on  Military  Affairs. 

February  12 — The  House  agreed  to  the 
amendments  made  by  the  Committee  of  the 
Whole,  reserving  a  few  for  special  vote  ;  among 


these  was  the  following  substitute  for  the  27th 
section,  as  reported  : 

ENROLLMENT  OF  COLORED  PERSONS. 

SEC.  27.  That  nothing  contained  in  this  act  shall  be  so 
construed  as  to  prevent  or  prohibit  the  enlistment  of  men 
in  the  States  in  rebellion  under  the  orders  of  the  War  De 
partment. 

And  in  lieu  thereof  insert: 

All  able-bodied  male  persons  of  African  descent,  between 
the  ages  of  twenty  and  forty-five  years  of  age,  whether 
citizens  or  not,  resident  in  the  United  States,  shall  be  en 
rolled  according  to  the  provisions  of  the  act  to  which  this 
is  a  supplement,  and  form  part  of  the  national  forces;  and 
when  a  slave  of  a  loyal  citizen  shall  be  drafted  and  mustered 
into  the  service  of  the  United  States  his  master  shall  have* 
certificate;  thereof.  The  bounty  of  $100,  now  payable  by 
law  for  each  drafted  man,  shall  be  paid  to  the  person  to 
whom  such  drafted  person  owes  service  or  labor  at  the  time 
of  his  muster  into  the  service  of  the  United  States,  on  free 
ing  the  person.  The  Secretary  of  War  shall  appoint  acorn- 
mission  in  each  of  the  slave  States  represented  in  Congress 
charged  to  award  a  just  compensation,  not  exceeding  $300, 
to  each  loyal  person  to  whom  the  colored  volunteer  may 
owe  service,  who  may  volunteer  into  the  service  of  tho 
United  States,  payable  out  of  the  commutation  money  upon 
the  master  freeing  the  slave. 

Which  was  agreed  to—  yeas  84,  nays  71,  as 
follows  : 

YEAS—  Messrs.  Alley,  Allison,  Andorson,  Arnold,  Ashley, 
John  D.  Baldwin,  Baxter,  Ileaman,  Jacob  B.  Blair,  Bout- 
well,  Boyd,  Brandegee,  Broomaii,  William  G.  Brown,  Cobb 
Creswell,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes, 
Deming,  Dixon.  Driggs,  Eckley,  Eliot,  Fjank,  Gar-field, 
Gooch,  Grinnell,  Hale,  Hooper,  Hotchkiss,  Asahel  W.  Hub- 
bard,  John  II.  Hubbard,  Hulburd,  Julian,  Kasson,  Kelley  ». 
Franc-id  W.  Kellogg,  Orlando  Kellogg,  Loan,  Lonirvear, 
Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  F.  Miller, 
Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham, 
PLke,  Pomeroy,  Alexander  II.  Rice,  John  II.  Rice,  Edward 
II.  Rollins,  Schenck,  Scofield.  Shannon,  Sloan,  Smith, 
Smithers,  Spalding,  Starr,  Stevens,  Thayer,  Thomas,  Tracy, 
Upson,  Van  Valkenburgh,  Elihu  B.  Washburne,  William 
B.  Washburn,  Webster,  Whaley,  Williams,  Wilder,  Wilson, 
Windom,  Woodbridge—  84. 

NAYS  —  Messrs.  James  C.  Allen,  William  J.  Allen.  Ancona, 
Baili/,  Augustus  C.  Baldwin,  Bliss,  Brooks,  James  &  Brown, 

Denison, 
Griswold, 


ttier,  Ooffrath,  Cole,   Cox,  Cravens,  Dawson, 
n,  Edgerton,  Eldridge,  Find;  Ganson,  Grider, 


Eden,  Edge 

Hall,  Harding,  Harrington,  Benjamin  G.  Harris,  Herrick, 
Higby,  Holinan,  Hulchins,  William  Johnson,  Kafbflcitch, 
K<rnan,  King,  Knapp,  Laiv,Lazear,  LeBlond,  Long,  Mallr/ry, 
Marcy,  McDowell,  McKinnof,  James  R.  Morris,  3/omwn, 
N<-h<'nt.  Noble,  Odell,  John  O'Neill,  Pcndleton,  Radford, 
Samuel  J.  Randall,  William  II.  Randall,  Robinson,  Roi/ers, 
Janus  S.Rollins,  Ross,  Scott,  John  B.  Steele,  Wm.  G.  SUcle, 
Stile*  Strouse,  Stuart,  Sweat,  Voarliw*,  Wadswortli,  Wheeler, 
Chilton  A.  White,  Joseph  W.  White,  Winfield,  Fernanda 


The  bill  passed — yeas  94,  nays  65,  as  follows : 
YEAS Messrs.  Alley,  Allison,  Anderson,  Arnold,  Ash- 
Icy,  Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Jacob  B. 
Blair.  Boutwcll,  Boyd,  Brandegee,  Broomaii,  William  G. 
Brown,  Cobb,  Cole, Creswell,  Henry  Winter  Davis,  Thomas 
T.  Davis,  Dawes,  Deming,  Dixon,  Driggs,  Ecklcy,  Eliot, 
Farnsworth,  Frank,  Gartield,  Gooch,  Grmnivl,  Griswold, 
Hale,  Higby,  Hooper,  Hotchkiss,  Asahel  W.  Hubbard, 
John  H  Hubbard,  Hulburd,  Jenckcs,  Julian,  Kasson,  Kel 
ley  Francis  W.  Kellogg,  Orlando  Kellogg,  Loan,  Longyear, 
Marvin,  McAllister,  McBride,  McClurg,  Mclndoe,  Samuel  F. 
Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myern, 
Leonard  Myers,  Norton.  Odell,  Charles  O'N.-.l,  Orth,  Pat 
terson,  Perham,  Pike,  Pomeroy,  William  H.  Randall,  Alex 
ander  H.  Rice,  John  H.  Rice,  Edward  H.  Kollins,  Sclienck, 
Scoti.-l:!.  Shannon,  Sloan,  Smith,  Smithers,  Spalding,  Starr, 
Stevens,  Thayer,  Thomas, Tracy,  Upson,  Van  Valkenburgh, 
Ellihu  B.  Washburne,  William  B.  Washburn,  Webster, 
WliaVy,  Wheeler,  Williams,  Wilder,  Wilson,  Windom, 
Woodbridge — 94. 

NAYS— Messrs.  James  C.  Allen,  William  J.  Allen,  An- 
cona  Augustus  C.  Baldwin,  Bliss,  Brooks,  James  S.  Brown, 
Chanh- 1-,' C«ff roth,  Cox,  Cranns,  Dawson,  Denison.  FAen,  Ed- 
/K-rton,  Eldridge.  Finck,  Ganson,  Grider,  Hall,  Harding, 


Ifuu'f 


'Harrington,  Benjamin  G.  Harris  Herrick.  Hitman 
ins.  William  Johnson,  KaUfitisch.  Kernan.  King. 
Law,  Lazear,  Le  Blond.  Long.  Mallory,  Marcy,  McDowell, 
M'-Kinnev,  Wm.  H.  Miller,  Jas.  R.  Morris,  Morrison,  tfelton, 
Noble  John  O'Neill,  Pendeton.  Radford,  Samuel  J.  RandM, 
Jiohinton,  Roffa-s,  J.  S.  Rollins,  Ross,  Scott.  John  B.  Steel  f.t 
W.  G.  Steele,  Stiles,  Sirouse,  Stuart,  Sweat,  Voorhees,  Wads- 


LEGISLATION,    ORDERS,    PROCLAMATIONS,   ETC 


worth,  C.  A.  White,  Joseph  W.  White,  Winjield, .  Fernanda 
Wood— 66. 

February  15 — The  Senate  non-concurred  in 
the  amendments  of  the  House. 

February  16 — The  House  insisted  on  its 
amendments,  and  asked  a  Committee  of  Confer 
ence. 

February  19 — The  Senate  concurred  in  the 
report  of  the  Committee  of  Conference — being 
the  law  as  it  now  is — yeas  26,  nays  16,  as  fol 
lows  : 

YEAS— Messrs.  Anthony,  Clark,  Dixon,  Doolittle,  Fcssen- 
den  Foot,  Foster,  Grimes,  Hale,  Harding,  Harris,  Hender 
son,  Johnson,  Lane  of  Kansas,  Morgan,  Morrill,  Nesmith, 
Ramsey,  Sherman,  Spragne,  Sumuer, Ten  Eyck,  Van  Win 
kle,  Wade,  Willey,  Wilson — 26. 

NAYS — Messrs.  Buckalew,  Carlile,  Chandler,  Conness, 
Davis,  Harlan,  Hendricks,  Howard,  Howe,  Lane  of  Indiana, 
fjwdl,  Riddle,  Saulnbury,  Trumbull,  Wilkinson,  Wright, 
—16. 

February  19 — The  House  concurred  in  the 
report  of  the  Committee  of  Conference — yeas  71, 
nays  23,  as  follows: 

YEAS— Messrs.  Alley,  Allison,  Anderson,  Arnold,  John  D. 
Baldwin,  Baxter,  Beaman,  Francis  P.  Blair,  Blow,  Boutwell, 
Brandegee,  Broomalt,  Amoroso  W.  Clark,  Cobb,  Cole,  Henry 
Winter  Davis,  Dawes,  Demiug,  Dixon,  D.umont,  Eckley, 
Eliot,  Farnsworth,  Fenton,  Frank,  Gooch,  Grinnell,  Hale, 
Higby,  Hooper,  Asahel  W.  Hubbard,  Jenckes,  Julian,  Kas- 
eon,  "Kel  ey,  Orlando  Kellogg,  Loan,  Longyear,  Marvin, 
McBride,  MoClurg,  Samuel  F.  Miller,  Moorhead,  Amos 
Myers,  L-'onard  Myers,  Odell,  Charles  O'Nei.l,  Orth,  Patter - 
eon,  Pcrham,  Pike,  Pomeroy,  Price,  William  H.  Randall, 
Alexander  H.  Rice,  John  H.  Rice,  Edward  H.  Rol'ius, 
gchenck,  icefield  Shannon,  Smithers,  Spalding,  Starr,  Steb- 
bins,  Upson,  Van  Vulkenburgh,  Ellihu  B.  Washburue,  Wil 
liams,  Wilder,  Wilson,  Windom — 71. 

NAYS — Messrs.  Augustus  C.  Baldwin,  Brooks,  Chanler, 
Cox,  Pawson,  Edgerton,  Eldridye,  Benjamin  G.  Harris, 
Le  Blond,  Long,  McDowell,  McKinncy,  James  R.  Morris, 
Morrison,  Noble,  John  O'Neill,  Pendlet'>n,  Samuel  J.  Ran 
dall.  James  S.  Rollins,  Ross,  Ward,  Chilton  A.  White,  Jo 
seph  W.  White— 23. 

SUPPLEMENT  OP  JULY  4,  1864* — p  117. 

IN  SENATE. 

1864,  June  8 — The  Senate  took  up  this  bill 
reported  from  the  Military  Committee  : 

That  so  much  of  Iho  act  entitles  "An  act  for  enrolling  and 
calling  out  the  national  forces,  and  for  other  purposes,"  ap 


proved  March  3,  1863,  and  the  acts 
luthorizes  the  discharge  of  any  draft     .  ,^_^  r 

to  military  service  by  reason  of  the  pavim-nto!  ^iuO  lur  the 
procuration  of  a  substitute,  or  otherwise,  be,  anTTTrlTrgath'e 
is  hereby,  repealed :  Provided.  That  nothing  contained  iu 
this  act  shall  be  construed  to  alter  the  provisions  of  exist 
ing  laws  relative  to  persons  actually  furnishing  substitutes. 

SEC.  2.  That  nothing  in  the  act  approved  February  '24, 
1864,  amending  the  act  approved  March  3, 1863,  for  enroll 
ing  and  calling  out  the  national  forces,  shall  be  construed 
to  repeal  that  part  of  the  said  act  approved  March  3, 18C3, 
which  requires  that  the  board  of  enrollment,  in  making 
drafts,  shall  "  make  a  draft  of  the  required  number  and  fifty 
per  centum  in  addition." 

SEC.  3.  That  section  twelve  of  the  act  for  enrolling  and 
calling  out  the  national  forces,  and  for  other  purposes,  ap 
proved  March  3, 1863,  be,  and  is  hereby,  so  amended  thai 
the  notice  to  be  served  on  drafted  men  may  be  served  within 
ten  days  after  such  draft  or  at  any  time  within  six  months 
therefrom. 

June  9 — Mr.  COLLAMER  moved  the  following 
additional  sections  : 

That  all  calls  for  drafts  hereafter  made  under  the  act  en 
titled  "An  act  for  enrolling  and  calling  out  the  national 
forces,  and  for  other  purposes,"  approved  March  3,  1863,  and 
of  any  act  in  addition  to  or  amendment  thereof,  shall  be 
for  a  term  not  exceeding  one  year. 

That  this  act  shall  not  extend  to  or  include  drafts  to  be 
made  in  any  district  or  subdivision  thereof,  to  till  its  quota 
on  calls  already  made,  but  the  same  shall  be  completed  un 
der  the  laws  iii  force  before  the  passage  hereof. 

That  no  person  drafted  on  future  calls  shall  be  liable  to 
be  again  drafted  until  the  present  enrollment  shall  be  ex 
hausted. 

That  the  number  of  men  furnished  from  any  district  for 
the  service  of  the  United  States  beyond  and  above  its  quota 
on  calls  heretobefore  made,  and  the  term  of  service  of  such 
men,  shall  be  considered  and  allowed  to  said  district  in  calls 
lereafter  made. 

The  first  section  of  the  amendments  was 
agreed  to — yeas  22,  nays  17,  as  follows  : 

YEAS  — Messrs.    Anthony,    Buckaleiv,  Clark,  Collamer, 


*  Additional  legislation  is  asked  by  the  President,  Secre 
tary  of  War,  and  Provost  Marshal  General,  whose  communi 
cations  art-  appended : 
To  the  Senate  and 

House  of  Representatives : 

I  have  tho  honor  to  submit  for  the  consideration  of  Con 
gress  e.  letter  and  inclosure  from  the  Secretary  of  War,  with 
my  concurrence  in  the  recommendation  therein  made. 

ABRAHAM  LINCOLN. 

WASHINGTON,  D.  C.,  June  8, 1864. 

WAR  DEPARTMENT, 
WASHINGTON  CITY,  June  1 , 1864. 

SIR  :  I  beg  leave  to  submit  to  you  a  report  made  to  me 
by  the  Provost  Marshal  General,  showing  the  result  of  the 
draft  now  going  on  1o  fill  the  deficiency  in  the  quotas  of 
certain  .States,  and  reconunonding  a  repeal  of  the  clause  in 
the  enrollment  uet  commonly  known  as  the  $300  clause. 
The  recommendation  of  the  Provost  Marshal  General  is 
approved  by  this  Department,  and  I  trust  that  it  will  be 
recommended  by  you  to  Congress. 

The  recent  successes  that  have  attended  our  arms  lead  to 
the  hope  that  by  maintaining  our  military  strength  and 
giving  it  such  an  increase  as  the  extended  field  of  opera 
tions  may  require,  un  early  termination  of  the  war  may  be 
attained.  But  to  accomplish  this  it  is  absolutely  necessary 
that  efficient  means  bo  taken,  with  vigor  and  promptness, 
to  keep  the  Army  up  to  its  strength  and  supply  deficiencies 
occasioned  by  the  losses  sustained  by  casualties  in  the  field. 
To  that  end  resort  must  be  had  to  a  draft,  but  ample  exp 
rlcnco  has  now  shown  that  the  pecuniary  exemption  from 
service  frustrates  the  object  of  the  enrollment  law  by  fur 
nishing  money  instead  of  men. 

An  additional  reason  for  repealing  the  $300  clause  id  that 


t  is  contemplated  to  make  the  draft  for  a  comparatively 
short  term.    The  burden  of  military  service  will  therefore 
je  lightened,  but  its  certainty  of  furnishing  troops  is  aa 
absolute  essential  to  success. 
I  have  the  honor  to  be,  your  obedient  servant, 

EDWIN  M.  STANTON, 

Secretary  of  War. 
To  the  PRESIDENT. 

WAR  DEPARTMENT, 
PROVOST  MARSHAL  GENERAL'S  OFFICE, 

WASHINGTON,  D.  C.,  June  6, 1864. 

SIR  :  In  accordance  with  the  amended  enrollment  act  ap 
proved  February  24,  1864,  and  your  orders  on  the  subject,  I 
am  now  conducting  a  draft  in  various  sub-districts  for  their 
respective  deficiencies  on  quotas  of  troops  heretofore  as 
signed.  The  results  of  this  draft,  so  far  as  shown  by  reports 
of  this  date,  are  worthy  of  attention.  They  are,  briefly,  as 
follows : 

Number  of  drafted  men  examined 14,741 

Number  exempted  for  physical  disability. 4,374 

Number  exempted  for  all  other  causes 2,632 

Total  exempted 7,016 

Number  paid  commutation  money 5,050 

Number  who  have  furnished  substitutes 1,416 

Number  held  for  personal  service 1,259 

(This  last  includes  some  who  may  yet  pay 
commutation  money.) 
Total  not  exempted 7,725 

These  reports  come  from  sub-districts  in  eight  different 
States.  I  invite  your  attention  to  the  small  proportion  of 
soldiers  being  obta  ned  under  the  existing  law.  I  see  no 
reason  to  believe  that  the  army  can  be  materially  strength 
ened  by  draft  so  long  as  the  £300  clause  is  in  force,  nor  do  I 
think  it  safe  to  assume  that  the  commutation  paid  by  a 
drafted  man  will  enable  the  Government  to  procure  a  vol 
unteer  or  substitute  in  his  place.  I  do  not  think  that  large 
bounties  by  the  United  States  should  be  again  resorted  to 
for  raising  troops.  I  recommend  that  the  $300  clause,  as  it 
is  known,  be  repealed. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JAMES  B.  FRY, 
Prot-ost  Marshal  General. 
Hon.  E.  M.  STANTON,  Secretary  of  War. 


264 


LEGISLATION,    ORDERS.    PROCLAMATIONS,    ETC. 


Darin,  Doolittlr,  Fessenden,  Foot,  Foster,  Harris,  Howard, 
Howe,  Lane  of  Kansas,  Morrill,  Powell,  Richardson,  Sum- 
ner,  Yan  \Vinkle,  Wade,  Wilkinson,  Willey,  Wilson— 22. 

NAYS — Messrs.  Brown,  Curlile,  Chandler,  Conness,  Grimes, 
Harlan,  Henderson,  Johnson,  McDougall,  Morgan,  NevniUh, 
Pomeroy,  Ramsey,  Sherman,  Sprague,  Ten  Eyck,  Trum- 
bull — 17. 

The  remaining  sections  were  agreed  to. 

ENLISTMENT  OF  INDIANS. 

June  20 — Mr.  BROWN  moved  this  new  section  : 

That  in  any  draft  which  may  hereafter  take  place,  all  In 
dian  tribes  with  whom  treaties  have  been  made  by  the  Uni 
ted  States  and  who  are  receiving  annuities  from  the  Gov 
ernment  shall  be  required  to  furnish  their  respective  quota  cf 
men ;  and  that  the  duties  of  enrollment,  or  ascertaining  the 
approximate  numbers  of  said  tribes,  shall,  whenever  the 
same  is  necessary,  bo  performed  by  the  Indian  agents  as 
part  of  their  appropriate  duty,  without  further  compensa 
tion,  under  instructions  from  the  Provost  Marshal  General. 
And  in  the  event  that  any  tribe  receiving  annuities  as  afore 
said  shall  refuse  or  fail  to  furnish  its  required  quota,  then 
and  in  that  event  the  wlnle  or  such  part  of  their  said  an 
nuities  as  the  Secretary  of  the  Interior  shall  deem  adequate 
to  provide  substitutes  shall  be  withheld  from  the  annual 
payment,  and  shall  be  placed  in  the  Treasury  along  with 
the- commutation  fund  heretofore  paid  fora  like  purpose: 
And  provided  further,  That  the  force  thus  rained  may  be 
employed  by  the  Government  for  the  purpose  of  maintain 
ing  peace  and  protecting  from  hostile  incursion  the  Indian 
and  other  Territories,  and  of  relieving  such  troops  as  are 
now  engaged  in  that  duty. 

Mr.  DOOLITTLE  moved  this  substitute  for  the 
above  : 

That  the  Secretary  of  War  is  authorized  to  receive  into 
the  military  service  of  fhe  United  States  Indians  of  tribes 
iii  treaty  with  the  United  States,  to  be  employed  as  a  part 
of  the  military  force  of  the  United  St  ites  for  the  purpose  of 
maintaining  peace  and  protecting  from  hostile  incursion  the 
Indian  Territory  and  other  Territories  where  the  hostile 
or  invading  force  is  in  whole  or  in  part  composed  of  hostile 
Indians. 

Which  was  agreed  to — yeas  24,  nays  12,  as 
follows: 

YEAS — Messrs.  Chandler.  Clark, Collamer,  Conness, Dixon, 
Doolittle,  Foot,  Faster,  Harlan,  Harris.  Howard,  Lane  of 
Indiana,  Lane  of  Kansas,  McDougall,  Morgan,  Pomeroy, 
Sherman,  Spragoe,  Sumner,  Ten  Eyck,  Van  Winkle,  Wade, 
Willey,  Wilson— 24. 

NAYS — Messrs.  Brown,  Bunkale.w,  Carlile,  Davis.  Grimes, 
Hendricks,  Johnson,  Powell,  Ramsey,  Richardson,  Sauls- 
bury,  Wilkinson — 12. 

The  amendment,  as  amended,  was  then  reject 
ed — yeas  10,  nays  29,  as  follows  : 

YEAS — Messrs.  Brown,  Doolittle,  Grimes,  Harlan,  Lane  of 
Indiana,  Lane  of  Kansas,  McDougall,  Pomeroy,  Ramsey, 
Sprague — 10. 

NAYS — Messrs.  Anthony,  Buckalew,  Carlile,  Chandler, 
Clr.rk,  Collamer,  Cowau,  Davis,  l.-ixoii,  Foot,  Fester,  Harris, 
Hendricks,  Howard,  Johnson,  Morgan,  Powell;  Richardson, 
Riddle.,  Kaulsbury,  She-man,  Sumuer,  Ten  Eyck,  Trum- 
bull,  Van  Winkle,  Wade,  Wilkinson,  Willey,  Wilson— 29. 

NO    SUBSTITUTION. 

Mr.  McDouGALL  moved  to  insert  this  provi 
sion  : 

And  from  and  after  ten  days  from  the  passage  of  this  act 
substitutes  shall  not  bo  allowed  in  place  of  persons  subject 
to  draft  and  regularly  drafted  into  the  service  of  the  United 
States. 

Which  was  rejected — yeas  6,  nays  35,  as  fol 
lows  : 

YEAS— Messrs.  Chandler,  Doolittle,  Grimes,  McDougall, 
Ramsey,  Wilkinson — 6. 

NAYS— Messrs.  Brown,  Buckalew,  Carlile,  Clark, Collamer, 
Conness,  Cowan,  Davis,  Dixon,  Foot,  Foster,  Harlan.  Harris, 
Hendricks,  Howard,  Huwe,  Johnson,  Lane  of  Indiana,  Lane 
of  Kansas,  Morgan,  Morrill,  Nesmith,  Pomeroy,  Powell, 
Richardson,  Kiddle.  Sherman,  Sprague,  Sumner,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Wade,  Willey,  Wilson— 35. 

Mr.  HENDRICKS  moved  to  strike  out  the  first 
section  ;  which  was  agreed  to — yeas  21,  nays 
18,  as  follows  : 

YEAS — Messrs.  Buckalew,  Carlile,  Clark,  Collamer,  Cow 


an,  Davix,  Dixon,  Foot,  Foster.  Harris,  Hendricks,  Johnson, 
M.-l>r>ii(jitll.  Morrill,  Powell,  Richard  ton,  Riddle,  Saulsbury 
Van  W'inkle,  Willey.  Wilson— 21. 

NAYS — Messrs.  Anthony,  Brown,  Chandler,  Connesg,  Fe»- 
seuden,  Grimes,  Harlan,  Howe,  Lane  of  Indiana,  Lane  of 
Kansas.  Morgan.  Nesmith,  Ramsey,  Sherman,  Sprague, 
Sumuer,  Ten  Eyck,  Trumbull — 18. 

Pending  other  propositions,  the  bill  was  re 
committed  to  the  Committee  on  Military  Affairs, 
and  all  the  amendments  fell  by  the  recommit 
ment. 

June  23 — The  Senate  considered  the  bill, 
which  was  reported  back  in  the  shape  in  which 
it  was  originally  reported. 

Mr.  MORGAN  moved  to  amend  by  adding  this 
section : 

That  in  the  calls  for  drafts  hereafter  made  under  the  net 
"for  enrolling  and  calling  out  the  national  forces,"  and  the 
acts  in  addition  to  or  amendatory  thereof,  the  same  may  be 
made  for  such  term  of  time  as  the  President  shall  direct, 
not  exceeding  one  year. 

Mr.  WILSON  moved  to  amend  the  amendment 
by  making  it  read  "  shall  be  made  for  one 
year;"  which  was  rejected — yeas  12,  nays  18, 
as  follows  : 

YEAS — Messrs.  Clark,  Collamer,  Davis,  Dixon,  Foot,  Har 
ris,  Hendricks,  Ho  we,  Johnson,  Sumner,  Willey,  Wilson — 12. 

NAYS — Messrs.  Brown,  Chandler,  Foster,  Grimes,  Ilarlau, 
Howard,  Lane  of  Kansas,  Morgan,  Pomeroy,  Powell,  Ram 
sey,  Riddle,  Saulsbury,  Sherman,  Sprague,  Ten  Eyck, 
Trumbull,  Wade— 18. 

Mr.  CHANDLER  moved  to  amend  the  amend 
ment  by  striking  out  "not  exceeding  one  year,'' 
and  inserting  "  not  less  than  one  nor  more  than 
three  years;"  which  was  rejected — yeas  16, 
nays  23,  as  follows  : 

YEAS  — Messrs.  Anthony,  Brown,  Chandler,  ConnesH, 
Grimes,  Harlan,  Howard,  Howe,  Lane  of  Kansas,  Pomeroy, 
Ramsey,  Sherman,  Sprague,  Ten  Eyck,  Trumbull.  \\  ilkin- 
son— 16. 

NAYS — Messrs.  Buckalew,  Carlile,  Clark,  Collamer,  Davis, 
Dixon,  Doolittle,  Foot,  Foster,  Hale,  Harris,  Hendricks, 
Johnson,  Morgan,  Morrill,  Powell,  Riddle,  Xaulsbury,  Sum 
ner,  Van  Winkle,  Wade,  Willey,  Wilson— 23. 

The  amendment  offered  by  Mr.  MORGAN  was 
then  agreed  to — yeas  25,  nays  14,  as  follows  : 

YEAS — Messrs.  Buckalew,  Clark,  Collamer,  Cowan,  Davis, 
Dixon,  Doolittle,  Foot,  Hale,  Harris,  Hendricks,  Howe, 
Johnson,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Pow 
ell,  Ridiardson,  Sumner,  Ten  Eyck,  Van  Winkle,  Wade, 
Willey,  Wilson— 25. 

NAYS — Meosrs.  Brown,  Carlile,  Chandler,  Conness,  Foster, 
Grimes,  Howard,  McDnuuall,  Ramsey,  Riddle,  Sherman, 
Sprague,  Trumbull,  Wilkinson — 14. 

Mr.  COLL  AMUR  moved  to  strike  out  the  first 
section  and  insert  this  : 

That  the  thirteenth  section  of  the  act  entitled  "  An  act 
for  enrolling  and  calling  out  the  national  forces,  and  for 
other  purposes,''  approved  March  3,  1S63,  is  hereby  so 
amended  that  the  sum  to  bo  paid  by  a  drafted  man  to  the 
Government  for  the  procuration  of  a  substitute  shall  not 
exceed  $500,  instead  of  $300. 

Which  was  rejected  without  a  division. 

Mr  GRIMES  moved  a  new  section,  which  was 
agreed  to  : 

That  the  number  of  men  furnished  from  any  district  for 
the  service  of  the  United  States  beyond  and  above  its  quota 
on  calls  heretofore  made,  and  the  term  of  service  of  such 
men,  shall  bo  considered  and  allowed  to  said  district  iu  calls 
hereafter  made. 

Mr.  WILSON  offered  this  new  section,  which 
he  afterwards  withdrew,  decided  opposition  to 
it  being  manifested: 

That  any  persons  resident  in  the  States  of  Virginia,  North 
Carolina.  South  Carolina,  Georgia,  Florida,  Alabama,  Mis 
sissippi,  Louisiana,  Texas,  or  Arkansas,  who  may  voluntarily 
enlist  in  the  military  service  of  the  United  States  for  the 
term  of  three  years  or  during  the  war,  shall  be  entitled  to 
the  benefits  anil  privileges  of  existing  laws,  and  such  per 
sons  shall  be  mustered  iuto  the  regiments  or  other  organi- 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


265 


zafions  of  whatsoever  State  they  may  elect,  or,  in  the  case 
ol  colored  troops,  shall  be  assigned  as  now  provided  bylaw. 
And  the  States  or  subdivisions  of  States  procuring  such  en 
listments  shall  receive  credit  for  such  persons, in  accordance 
with  the  laws  in  other  cases;  but  such  enlistments  as  are 
authorized  in  any  State,  under  the  provisions  of  this  act, 
shall  only  continue  until  such  State  shall  have  been  made 
subject  to  a  call  for  troops. 

Mr  GRIMKS  offered  the  following  new  section, 
which  was  agreed  to  : 

That  no  person  drafted  on  future  calls  or  who  shall  vol" 
unteer  to  fill  the  same  shall  be  linble  to  be  again  drafted, 
tmtil  the  existing  enrollment  shall  be  exhausted. 

The  bill,  as  amended,  passed — yeas  24,  nays 
7.  us  follows  : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Doolittle, 
Foot,  Foster,  Grimes,  Harlan,  Howard,  Howe,  Lane  of 
Kansas,  Morgan,  Pomeroy.  Ramsey,  Sherman,  Sprague, 
Ten  Eyck,  Trumbull,  Van'  Winkle,  Wade.  Wilkinson,  Wil- 
ley.  Wilson— 24. 

NATS— Messrs.  Buckalew,  Carlile,  McDougall,  Powell, 
Richardson,  Riddle,  Soulsbury — 7. 

June  29 — The  House  having  returned  a  new 
bill,  it  was  considered  in  the  Senate  and  amend 
ed  by  substituting  the  former  Senate  bill,  with 
an  additional  section  or  two. 

Mr.  SHERMAN  offered  this  new  section  : 
That  for  the  purpose  of  paying  the  bounties  and  of  en 
forcing  the  draft  provided  for  in  this  act,  there  be  lovied  and 
collected  in  addition  to  the  duties  imposed  by  law,  aspecial 
duty  of  five  per  cent,  on  all  incomes  exceeding  £600,  accru 
ing  during  the  year  1864,  which  duty  shall  bo  assessed,  and 
collected  in  the  mode  and  according  to  the  provisions,  penal 
ties,  and  restrictions  provided  in  the  act  approved ,  on- 

titled  "An  act  to  provide  internal  revenue  to  euppoit  the 
Government,  to  pay  interest  on  the  public  debt,  and  for 
other  purposes/'  And  this  duty  shall  be  payable  on  the  1st 
day  of  October  next,  and  the  Secretary  of  the  Treasury  k 
authorized  to  prescribe  such  rules  and  regulations  as  to  tin 
time  and  mode  of  assessment  as  will  secure  the  collection1 
of  this  special  tax. 

Which  was  agreed  to — yeas  25,  nays  7,  as 
follows  : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
ness,  Doolittle,  Foot,  Foster,  Grimes,  Hale.  Harlan,  Howe, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Pomeroy,  llam- 
sey,  Sherman,  Sprague,  Sumner,  Ten  Eyck,  Wade,  Wilkin 
son,  Willey,  Wilson— 25. 

NAYS— Messrs.  Bucl-alew,  Davis,  Harris,  Hcndricks,  Mc 
Dougall,  Powell,  Riddle— 1. 

Mr.  POWELL  offered  this,  which  was  agreed  to : 
That  no  officers  or  persons  engaged  in  the  military  service 
of  the  United  States  shall  enlist,  recruit,  or  muster  into  the 
military  service  of  the  United  States  any  person  in  any  State 
of  the  United  States  to  till  the  quota  of  any  State  in  which 
the  person  so  enlisted,  recruited,  or  mustered  into  the  ser 
vice  of  the  United  States  does  not  reside.  Any  recruiting 
or  military  officer  who  shnll  violate  this  section  shall  be 
dismissed  the  service  of  the  United  States  with  forfeiture  of 
all  pay  uud  allowances,  and  shall  be  subject  to  such  further 
punishment  as  a  court-martial  may  direct. 

The  bill  then  passed  the  Senate. 

June  30  —  The  Senate,  after  receiving  the 
message  from  the  House  stated  in  House  pro 
ceedings  of  this  date,  reconsidered  their  action, 
and  struck  out  the  tax  section. 

The  bill  went  to  a  Committee  of  Conference, 
whose  report  being  the  law  as  passed  (page  116) 
the  Senate,  June  2,  first  rejected  — yeas  16, 
nays  18,  as  follows: 

YEAS— Messrs.  Anthony,  Clark,  Foot,  Foster,  Hale,  John- 
eon,  Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Morrill 
Pomeroy,  Ramsoy,  Snmner,  Wade,  Wilkinson,  Wilson— 1C. 

NAYS— Messrs.  JJifkalf.w,  Carlile.  Conness,  Cowan,  Davis, 
Henderson,  Ilcndrinks,  Hicks,  McDouyatl,  Powell,  Riddle 
Saidabwy,  Sherman,  Sprague,  Ten  Eyck,  Trumbull  Vail 
Winkle,  Willey— 18. 

Afterward  the  vote  was  reconsidered,  and 
the  report  adopted — yeas  18,  nays  17,  as  fol- 
iows  : 

YKAS— Messrs.  Anthony,  Chandler,  Clark,  Conness,  Fes- 


'  senden,  Foot,  Foster,  Hale,  Lane  of  Kansas,  Morgan,  Morrill, 
I  Pomeroy,  Ramsey,  Sumner,  Van  Winkle,  Wade,  Wilkinson, 
I  Wilson— 18. 

NAYS — Messrs.  Buckalew,  Carlile,  Davis,  Doolittle,  Harlan, 
Harris,  Henderson,  Hendricks,  Howe,  Lane  of  Indiana,  Mr- 
Dour/all,  Powell,  Riddle,  Saulsbury,  Sherman,  Trumbull, 
Willey— 17. 

IN   HOUSE. 

1864,  June  13 — \fr.  SCHENCK  introduced  this 
bill  amendatory  of  the  conscription  act: 

Sr.c.  1.  That  so  much  of  the  act  entitled  "An  act  for  en 
rolling  and  calling  out  the  national  forces,  and  for  other 
purposes,"  approved  March  three,  eighteen  hundred  and 
sixty-three,  and  of  the  several  acts  amendatory  thereof,  as 
provides  for  a  commutation  in  money,  to  be  paid  by  persons 
enrolled  or  drafted  for  military  service,  in  lieu  of  actually 
rendering  stich  military  service,  be,  and  the  same  is  hereby, 
j  repealed ;  and  hereafter  no  payment  of  money  shall  be  ac 
cepted  or  received  by  the  Government  to  release  any  en 
rolled  or  drafted  man  from  obligation  to  perform  military 
duty. 

SEC.  2.  That  hereafter  no  person  shall  be  received  or  ac 
cepted  to  serve  in  the  army  of  the  United  States,  as  a  sub 
stitute  for  any  other  person  liable  to  military  duty  and  who 
may  have  been  enrolled  or  drafted  for  that  purpose,  unless 
such  substitute  be  the  iather,  brother,  or  son  of  the  person 
so  enrolled  or  drafted,  and  for  whom  he  proposes  to  become 
such  substitute. 

SEC.  3.  That  the  President  of  the  United  States  may,  at 
his  discretion,  at  any  time  hereafter,  order  a  draft  under  the 
provisions  of  the  "Act  for  enrolling  and  calling  out  the  na 
tional  forces,  and  for  other  purposes,"  approved  March 
third,  eighteen  hundred  and  sixty-three,  and  of  the  several 
acts  amendatory  thereto,  for  soldiers  to  serve  for  a  less  pe 
riod  than  three  years:  Provided,  however,  That  no  such 
draft  shall  be  for  a  less  term  of  service  than  one  year. 

SEC.  4.  That  the  President  shall  accompany  any  order  for 
a  draft  of  men  for  military  service  with  a  notice  that  he  will 
accept  volunteers  in  lieu  of  such  drafted  men  prior  to  the 
day  appointed  for  the  draft,  to  fill  the  quota  or  any  part 
thereof  of  any  town,  township,  precinct,  or  election  district ; 
•ind  every  person  so  volunteering,  in  lieu  of  a  man  to  be 
drafted,  shall  be  credited  to  such  town,  towrnship,  precinct, 
or  election  district ;  and  if  he  volunteers  and  is  accepted  and 
mustered  into  the  service  for  a  term  of  one  year,  unless 
sooner  discharged,  shall  receive  and  be  paid  by  the  United 
States  a  bounty  of  one  hundred  dollars,  and  if  for  a  term  of 
two  years,  unless  sooner  discharged,  a,  bounty  of  two  hun 
dred  dollars,  and  if  for  a  term  of  three  years,  unless  sooner 
discharged,  a  bounty  of  three  hundred  dollars,  one  half  of 
whirh  said  bounty  shall  be  paid  to  the  soldier  at  the  time 
of  his  being  mustered  into  the  service,  one  fourth  at  the 
expiration  of  one  half  his  term  of  service,  and  one  fourth  at 
the  tnd  of  his  term  of  service;  and  the  President  in  any  call 
or  order  for  a  draft  shall  specify  the  exact  time  of  service 
for  which  such  draft  is  to  be  made,  and  the  volunteers  ac- 
cepte.l  in  lieu  of  the  whole  or  any  part  of  the  quotas  to  be 
provided  under  that  draft  shall  be  for  not  less  than  the 
term  of  service  for  which  that  draft  is  ordered. 

SEC.  5.  That  section  three  of  an  act  entitled  "  An  act  to 
amend  an  act  entitled  an  act  for  enrolling  and  calling  out 
the  national,  forcee,  and  for  other  purposes."  approved  Feb 
ruary  24th,  1864,  be,  and  the  same  is  hereby,  amended  so  aa 
to  authorize  and  direct  district  provost  marshals,  under  the 
direction  of  the  Provost  Marshal  General,  to  make  a  draft 
for  fifty  per  centum  in  addition  to  the  number  required  to 
fill  the  quota  of  any  district,  as  provided  bv  said  section. 

SEC.  6.  That,  instead  of  travelling  pay,  all  drafted  persona 
reportiiig  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  from  their  places  of  residence  ;  and  persons  dis 
charged  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  to  their  places  of  residence. 

Mr.  SCHENCK  demanded  the  previous  ques 
tion  ;  but  the  House  refused  to  second  it — yeas 
45,  nays  60.  The  bill  was  laid  over. 

June  21 — The  subject  was  resumed.  On  a 
motion  to  reject  the  bill,  the  yeas  were  75,  nays 
75 — the  SPEAKER  voting  nay. 

VOTE     ON     SECTION    REPEALING    THE    $300    COM 
MUTATION    CLAUSE. 

The  first  section  was  then  stricken  out — yeaa 
100,  nays  50,  as  follows: 

YEAS— Messrs.  Jamet  C.  Allen,  William  J.  Allen,  Alley 
Ames,  Ancona,  Baity,  Augustus  0.  Baldwin,  John  D.  Bald 
win,  Elaine.  Bliss.  Beut*vei),  frocks,  Broomall,  James  S 
Brown.  W  illiam  (i.  Brown,  Chanter,  Freeman  Clarke,  Cof- 
froth,  Cravens,  Thomas  T.  Davis,  Dawes,  Dawfon,  Detain", 


266 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


Denison,  E-len,  Edgerton,  Eldridge,  Kliot,  English,  Fenton, 
Fmck, Frank.  Ganson.  Gooch,  Gridn;  Griswold.  Hale,  //ard- 
inq,  Harrington*  Benjamin  G.  Harris,  Her  rick,  Holman, 
Hooper,  Hotchkiss,  Hutchins,  Philip  Johnson.  Wm.  Johnson, 
Kalbjleisch,  Knapp.  Law,  Lazcar,  LeBlond,  Mallory,  Marcy, 
McDowell.  McKinney,  Middleton,  Samuel  F.  Miller,  Wm.  H. 
Miller,  Da;  iel  Morris,  Jam-s  JR.  Morris,  Morrison.  Amos 
Myers,  Leonard  Myers,  Nelson,  Noble,  Odell,  John  O Ndll, 
Patterson,  Pendleton,  Perham,  Perry,  Pruyn,  Radford, 
Samuel,  J.  Randall.  Alexander  II  Rice,  Robinson,  Ropers, 
Edward  II.  Rollins',  Scotield,  Scott,  John  B.  Steele,  Wm.  6. 
Steele,  Stevens,  Sttlu,  ttrouse,  Stuart,  Sweat,  Thomas, 
Upson,  Wadsworth,  Ward,  William  B.  Washburn,  Webster, 
Whaley,  Wheeler,  Wilton  A .  White,  Joseph  W.  White,  Wil 
liams,  'Winficld— 100. 

NAYS— Messrs.  Arnold,  Ashley,  Baxter,  Beaman,  Bbir, 
Blow,  Boyd,  Ambnse  VV.  Clark,  Cobb,  Cole,  Dixon,  Donnel 
ly,  Driggs,  Eckley,  Farnsworth,Garfield,  Higby,  Asahel  W. 
Hubbard,  John  11.  Hubbard,  Hulburd,  Ingersoll,  Julian, 
Kelley,  Francis  W.  Kellogg,  Knox,  Loan,  Longyear,  Mar 
vin,  McClurg,  Moorbead,  Morrill,  Norton,  Charles  O'Neill, 
Ortb,  Pike,  Pomeroy,  Price,  John  II.  Rice,  Ross,  Schenck, 
Shannon,  Sloan,  Smithers,  Thayer,  Tracy,  Van  Valken- 
burgb,  Ellihu  1J.  W  ash  burne,  Wilder,  Wilson,  Windom— 50. 

The  second  section  was  stricken  out  without 
a  division. 

Several  substitutes  were  offered,  but  no  votes 
were  taken  on  them. 

June  25 — Mr.  SCHENCK  offered  a  substitute 
for  the  bill,  the  first  sections  of  which  were  : 

That  so  much  of  the  act  entitled  "An  act  for  enrolling 
and  calling  out  the  national  forces,  and  for  other  purposes," 
approved  March  3, 1863,  and  of  the  several  acts  amendatory 
thereof,  as  provides  for  a  commutation  in  moiiey,  to  be  paid 
by  persons  enrolled  or  drafted  for  military  service,  in  lieu 
of  actually  rendering  such  military  service,  be,  and  the 
same  is  hereby,  repealed;  and  hereafter  no  payment  of 
money  shall  bo  accepted  or  received  by  tho  Government  to 
release  any  enrolled  or  drafted  inau  from  obligation  to  per 
form  military  duty. 

S;:c.  2.  And  be  it  further  enacted,  That  the  President  of 
tho  United  States  may,  at  his  discretion,  at  any  time  here 
after,  order  a  draft  for  soldiers  to  serve  for  a  less  period 
than  three  years:  Provided,  hoivever,  That  no  such  draft 
shall  be  for  a  less  term  of  service  than  one  year. 

The  third  section  provided  for  the  acceptance 
of  volunteers  before  the  draft,  with  $100  bounty 
for  a  one  year  volunteer,  $200  for  a  two  year, 
and  $300  for  a  three  year.  Drafted  men,  sub 
stitutes,  and  volunteers  to  be  organized  to 
gether  according  to  States,  and,  as  far  as  pos 
sible,  to  select  their  own  regiments.  Recruit 
ing  of  persons  under  sixteen  prohibited,  and 
the  Secretary  of  War  authorized  to  discharge 
persons  xinder  eighteen. 

After  debate, 

Mr.  Cox  moved  that  the  bill  ^e  tabled,  which 
was  rejected — yeas  57,  nays  *78,  as  follows : 

YEAS— Messrs.  William  J.  Allen,  Ancona,  Augustus  & 
Baldwin,  James  S.  Brown,  Chanler,  Coflrotli,  Cox,  Cravens, 
Dawson,  Eden,  Edgertmi,  Eldridge,  English,  Finch;  Grider, 
Harding,  Harrington,  Benjamin  G.  Harris,  Charles  M. 
Harris,  Ilerrick,  Holman,  Hutclnm,  Philip  Johnson,  Wil 
liam  Johnson,  Kernan,  Law,  Lazear,  Le  Blond,  MaUory, 
Marcy,  McDowell,  McKinncy,  William  H.  Miller,  James  R 
Morris,  Morrison.,  Nelson,  Noble,  John  O'Neill,  Pendleton. 
Pruyn,  Radford,  Samuel  J.  Randall,  Ro'iinson,  Rogers, 
James  S.  Rollins,  Ross,  John  B.  Stede,  William  G.  Stedc. 
Stiles,  Slrouse,  Stuart,  Sweat,  CJiilton  A.  White,  Joseph  W 
White.,  Winfidd,  Benjamin  Wood,  Fernando  Wood— 67. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  1).  Baldwin,  Baxter,  Beaman,  Blaine,  Blair 
Blow,  Boutwell,  Boyd,  William  G.  Brown,  Ambrose  W 
Clark,  Cobb,  Cole,  Crcswoll,  Thomas  T.  Davis,  Dawes 
Doming,  Dixon,  Donnelly,  Driggs,  Eliot,  Farnsworth.  Fen 
ton,  Gartield,  Gooch,  Gfawo'd,  Hale,  Higby,  Hooper,  Asahe! 
W.  Hubbard,  John  II.  Hubbard,  Hulliurd,  Jenckes,  Julian 
Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Knox,  Little 
John,  Loan,  Longyear,  Marvin,  McClurg,  Moorhead,  Mor 
rill,  Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Norton 
Oddl,  Charles  O'Neill,  Orth,  Patterson.  Perham,  Pike 
Pomeroy,  Price,  John  H.  Rice,  Edward  H.  Rollins.  Schenck 
Sloan,  Smithers,  Stevens,  Thayer.  Thomas,  Tracy,  Var 
Valkenburgh.  Ellihu  B.  Washburiic.  William  B.  Washburn 
Webster,  Whaley,  Wilson,  Windom— 78. 


June  27 — The  substitute  of  Mr.  SCHENCK,  a» 
above,  with  the  addition  of  a  section  authoriz 
ing  persons  resident  in  Virginia,  North  Caro 
lina,  South  Carolina,  Georgia,  Florida,  Missis 
sippi,  Louisiana,  Texas,  and  Arkansas,  enlisting 
'or  the  war,  or  not  less  than  one  year,  to  have 
the  benefit  of  existing  laws,  credit  for  them  to 
£0  to  the  States  procuring  the  enlistments; 
provided,  that  such  enlistments  as  are  author 
ized  in  any  State,  under  the  provisions  of  this 
act,  shall  only  continue  until  such  State  shall 
have  been  made  subject  to  a  call  for  troops: 
and  provided  further,  that  no  enlistments  shall 
be  made  of  any  soldiers,  either  in  or  out  of  any 
State,  except  those  enumerated  herein,  unless 
full  credit  is  given  to  the  State  to  which  the 
enlisted  soldier  belongs,  was  rejected — yeas 
62,  nays  92,  as  follows: 

YEAS— Messrs.  Allison,  Anderson,  Arnold,  Ashley,  Bax 
ter,  Beaman,  Blair,  Blow,  Boyd,  William  G.  Brown.  Am 
brose  W.  Clark,  Cobb,  Cole,  Creswell,  Henry  Winter  Davisr 
Dixon,  Donnelly,  Driggs,  Garfield,IIigby,Hotchkis9,  Asahel 
W.  Hubbard,  Jno.  II.  Hubbard,  Hulburd,  IogenoU,Jenckea, 
Julian,  Kelley,  Knox,  Littlejohri,  Loan,  Marvin,  McBride, 
McClurg,  Mclndoe,  Samuel  F.  Miller,  Moorbead,  Morrill. 
Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Norton. Charles 
O'Neill,  Orth,  Pike,  Pomeroy,  William  II.  Randall.  John  II. 
Rice,  Schenck,  Shannon,  Sloan,  Smith,  Smithers,  Spaldingr 
Thayer,  Tracv,  Upson,  Van  Valkenburgh,  Ellihu  B.  Wash- 
burne,  Wilder,  Wilson,  Windom— 62. 

NAYS— Messrs.  William  J.  Allen,  Alley,  Ames.  Ancona, 
Baily,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Blaine,  Bliss t 
Boutwell,  Brooks,  Broomall,  James  S.  Brown,  C/tarder,  ('off- 
roth,  Cox,  Cravens,  Dawes,  Dawson,  Doming,  Denison,  Eden, 
Klgerton,  Eldridge,  Eliot,  English,  Find;  Frank,  Ganson, 
Gooch,  Grider,  Griswohl,  Hale,  Harding,  Harrington.  Benja 
min  G.  Harris,  Charles  M.  Harris,  Jlerrick, Holman,  Hutch- 
ins,  Philip  Johnson,  William  Johnson,  Kalfifli-isch,  Orlando 
Kellogg,  Kernan,  Knapp,Lmv, Lazear,  LeBlond.  Long,  Mal 
lory,  Marcy,  McAllister,  McDowell,  McKinney,  Wm.  H.  Mil 
ler,  James  R.  Morris,  Morrison,  Nelson,  Noble,  Odcll,  John 
O'Neill,  Patterson,  Pendleton,  Perham,  Pruyn,  Radford, 
Samuel  J.  Randall,  Alexander  II.  Rice,  Robinson,  Rogers, 
Edward  H.  Rollins,  James  S.  Rollins,  Ross,  John  B.  Steele, 
Wm.  G.  Steele,  Stevens.  Stiles,  Strouse,  S  Hart,  Sweat, 
Thomas  Wadsworlli,  William  B.  Washburn.  Webster,  Wha 
ley,  Wheeler,  Chilton  A.  White,  Joseph  W.  White,  Williams, 
\\infield.  Fernando  Wood— 92. 

Mr.  BROOMAI.L'S  substitute  was  rejected 
without  a  division  : 

That  hereafter  no  person  shall  be  received  or  accepted  to 
serve  in  the  army  of  the  United  States  as  a  substitute  for 
any  other  person  liable  to  military  duty  and  who  may  have 
been  enrolled  or  drafted  for  that  purpose. 

SEC.  2.  That  the  term  of  service  of  all  soldiers  hereafter 
volunteering  or  being  drafted  shall  be  one  year  unless 
sooner  discharged,  and  that,  in  lieu  of  all  bounties,  their 
pay  shall  be  thirty  dollars  per  njonth. 

SEC.  3.  That  all  persons  hereafter  volunteering  shall  be 
credited  to  the  city  or  county  in  which  they  are  liable  to 
draft,  if  so  liable,  and  if  not,  then  to  the  city  or  county 
which  they  Khali  elect. 

SEC.  4.  That  the  payment  of  commutation  money  ur 
existing  laws  shall  exempt  the  person  paying  it  from  draft 
for  one  year,  unless  within  that  period  all  persons  liable  to 
draft  in  his  city  or  county  shall  be  dratted  and  mustered 
into  service,  or  shall  pay  commutation  money,  in  which 
case  he  shall  be  again  liable  to  draft. 

Sr.c.  5.  That  section  three  of  an  act  entitled  '  An  act  to 
amend  an  act  entitled  '  An  act  for  enrolling  and  calling  out 
the  national  forces,  and  for  other  purposes/"  approved 
February  24, 18G4,  be,  and  the  same  is  hereby,  amended  - 
as  to  authorize  and  direct  district  provost  marshals,  under 
the  direction  of  the  Provost  Marshal  General,  to  make  a 
draft  for  fifty  per  cent,  in  addition  to  the  number  required 
to  lill  the  quota  of  any  district,  as  provided  by  said  section. 
SEC.  6.  That,  instead  of  travelling  pay,  all  drafted  persons 
reporting  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  from  their  places  of  residence ;  and  persona  dj 
charged  at  the  place  of  rendezvous  shall  be  allowed  trans 
portation  to  their  places  of  residence. 

Mr.  STEVENS  proposed  this  substitute  : 
Be  it  enacted,  d-c.,  That  the  President  of  the  United  States 
is  authorized  to  call  into  military  service  not  exceeding 
600,000  men,  in  addition  to  those  already  called  for,  to  serve 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


267 


fov  two  years,  unless  sooner  discharged,  and  that  if  not 
otherwise  obtained  a  draft  may  be  ordered  to  take  place 
within  forty  days,  or  at  such  time  thereafter  as  the  Presi 
dent  may  direct. 

SEC.  2.  That  any  person  who  is  liable  to  draft  and  has 
been  regularly  enrolled,  may  purchase  exemption  from  draft 
for  the  term  of  two  years  or  until  the  roll  is  exhausted,  by 
paying  $300  at  any  time  not  less  than  ten  days  belore  the 
time  fixed  for  such  draft.  Any  person  who  may  be  drafted 
may  purchase  the  like  exemption  by  paying  $500  at  any 
time  not  less  than  ten  days  after  he  shall  be  duly  notified 
that  he  is  drafted.  The  commutation  money  thus  paid  shall 
go  into  the  Treasury  for  the  purpose  of  paying  the  bounties 
herein  provided  for. 

SEC.  3.  That  to  enable  the  several  States  to  raise  the  num 
ber  of  troops  allotted  to  them  respectively,  the  Governors 
of  said  States  may  appoint  such  number  of  recruiting  officers 
as  they  may  deem  proper,  and  when  companies  and  regi 
ments  shall  be  enlisted,  shall  commission  such  company 
and  regimental  officers  as  shall  be  deemed  competent. 

SEC.  4.  That  when,  in  the  judgment  of  the  President,  the 
regiments  of  the  Army  are  so  reduced  as  to  require  consoli 
dation,  they  may  bo  consolidated,  and  the  supernumerary 
officers  may  be  detailed  for  the  purpose  of  raising  new  com 
panies  and  regiments. 

SEC.  5.  That  if  the  requisite  number  of  soldiers  shall  not 
be  raised  at  the  first  draft,  a  second  draft  may  be  ordered  to 
take  place  within  ten  days,  or  any  longer  period  which  the 
President  may  deem  proper,  of  the  men  remaining  unex- 
empted  and  undrawn,  and  may  be  repeated  from  time  to 
time  until  the  full  number  shall  be  obtained. 

SEC.  6.  That  every  person  who  shall  volunteer  as  a  soldier 
and  be  regularly  enlisted,  shall  receive  a  bounty  of  $500,  one 
half  thereof  to  be  paid  to  him  when  mustered  into  the  ser 
vice  of  the  United  States,  and  the  other  half  at  the  end  of 
his  term  of  service,  or  if  honorably  discharged ;  or  if  he  shall 
be  killed  or  die  in  the  service  before  the  expiration  of  his 
term  of  enlistment,  it  shall  go  to  his  widow,  if  there  be  one, 
and  in  case  there  be  no  widow,  then  to  his  children,  and  in 
case  there  be  no  widow  or  children,  then  to  his  personal 
representatives. 

SKC.  7.  That  it  shall  be  lawful  for  any  of  the  States  to  send 
recruiting  agents  into  any  of  the  rebel  States  to  enlist  sol 
diers,  who  shall  be  credited  to  the  State  that  may  procure 
their  enlistment;  and  it  shall  be  the  duty  of  the  Secretary 
of  War  to  approve  the  appointment  of  agents  by  the  Gov 
ernors  of  the  respective  States. 

Ssc.  8.  That  enrolled  men  may  furnish  substitutes  either 
before  or  after  they  may  be  drafted  according  to  the  present 
law,  who  shall  be  accepted  without  regard  to  color,  if  other 
wise  competent. 

Ssc.  9.  That  the  law  with  regard  to  persons  conscien 
tiously  opposed  to  bearing  arms  shall  not  be  altered  or  af 
fected  by  this  act,  except  so  far  as  it  regards  the  amount  of 
money  to  be  paid  for  exemptions. 

SKC.  10.  That  it  shall  be  lawful  for  the  President,  if  he 
shall  deem  it  expedient,  to  accept  the  services  of  any  num 
ber  not  exceeding  fifty  thousand  volunteers,  between  the 
ages  of  forty-five  and  fifty-five,  to  be  used  for  post  or  garri 
son  duty,  who  shall  be  called  the  "Old  Guard/'  Such  sol 
diers,  when  enlisted  for  two  years,  unless  sooner  discharged, 
shall  be  entitled  to  receive  $100  bounty,  one  half  to  be  paid 
when  mustered  into  service,  the  other  half  at  the  expiration 
of  their  term,  if  honorably  discharged ;  and  if  they  should 
be  killed  or  die  in  the  service  of  the  United  States,'  it  shall 
be  paid  to  their  respective  widows,  children,  or  personal 
representatives,  in  the  same  manner  as  is  provided  in  sec 
tion  six  of  this  act;  and  they  and  their  heirs  shall  be  enti 
tled  to  such  pensions  as  are  now  provided  by  law  for  other 
soldiers.  When  a  drafted  man  shall  claim  exemption  on 
account  of  physical  disability,  the  surgeon  shall  examine 
into  the  degree  of  disability.  If  found  unlit  for  active  field 
service,  and  fit  for  garrison  or  post  service,  he  shall  be  cer 
tified  accordingly  and  placed  into  the  "  Old  Guard." 

Section  eleven  is  the  same  as  the  fifth  section 


Which  was  rejected,  on  a  count — yeas  25r 
nays  93. 

Mr.  SCHENCK  then  offered  this  substitute  : 

Be.  it  enacted,  d-c.,  That  so  much  of  the  act  entitled  "  Au 
act  for  enrolling  and  calling  out  the  national  forces,  and  lor 
other  purposes,1'  approved  March  3,  1803,  and  the  acts 
amendatory  thereof,  as  authorizes  the  discharge  of  any 
drafted  person  from  liability  to  military  service  by  reason 
of  the  payment  of  $300  for  the  procuration  of  a  substitute 
or  otherwise,  be,  and  the  same  is  hereby,  repealed :  Provided, 
That  nothing  contained  in  this  act  shall  be  construed  to- 
alter  the  provisions  of  existing  laws  relative  to  persons  ac 
tually  furnishing  substitutes. 

SEC.  2.  That  in  calls  for  drafts  hereafter  made  under  the 
act  for  enrolling  and  calling  out  the  national  forces,  and  the 
acts  in  addition  to  or  amendatory  thereof,  the  same  may  be 
made  for  such  term  of  time  as  the  President  shall  direct, 
not  exceeding  one  year. 

SEC.  3.  That  the  number  of  men  furnished  from  any  dis 
trico  for  the  service  of  the  United  Suites  beyond  and  above 
its  quota  on  calls  heretofore  made,  and  the  term  of  service 
of  such  men,  shail  be  considered  and  allowed  to  said  dis 
trict  in  calls  hereafter  made. 

SEC.  4  That  no  person  drafted  on  future  calls,  or  who 
shall  volunteer  to  fill  the  same,  shall  bo  liable  to  be  again 
drafted  until  the  existing  enrollment  shall  be  exhausted. 

Which  was  rejected — yeas  58,  nays  93,  as  fol 
lows  : 

YEAS — Messrs.  Allison,  Anderson,  Arnold,  Ashley,  Bax 
ter,  Beaman,  Blair,  Blow,  Boyd,  Ambrose  W.  Clark,  Coler 
Creswell,  Dixon,  Donnelly,  Driggs,  Eckiey,Garfield,Higby, 
Hotchkiss,  Asahel  W.  Hubbard,  John  H.  Hubbard,  Hu  I  - 
burd,  Ingersoll,  Jenckes,  Julian,  Kelley,  Knox,  Littlejohn, 
Loan,  Marvin, McBride,  MeC!nrg,'McIndoe,  Samuel  F. Miller, 
Moor  head,  Morriil,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Charles  O'Neill,  Orth,  Pike,  Pomeroy,  Wil 
liam  H.  Randall,  John  H.  Rice,  Scheuck,  Shannon /Sloan, 
Stunners,  Spalding,  Thayor,  Tiiomas,  Tracy,  Upson,  Eliihu 
B.  Wasliburnc,  Wilson,  Windom— 58. 

NAYS — Mc-Hsrs.  William  J.  Allen,  Alloy,  Ames,  Ancona, 
Flaiiy,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Blaine, 
£&&*, Broomall,  Boutwc.l,  Brooks.  James  S.  Brown.  Willian* 
G. Brown,  Chanter,  Cqffroth,  Cox,  Cravens,  D.;wcs.  Dawson, 
Denison,  Eden,  Edgerton,  Eldridge.  Eliot,  EngMth,  Fcntou, 
Finc,k,  Frank,  Ganson,  Gnoch,  Grider.  Griswold,  Hardingr 
Harrington,  Benjamin  G  Harris,  Charles  M.  Harris.  Her- 
rick.  Holman,  Hutchins,  Philip  Johnson,  William  Johnson, 
Kall/fteisch,  Francis  W.  Keilogtr,  U.Mun-lo  K<',|!>gg,  Reman, 
Knapp.  Law,  Lazear,  LeBlond,  Long,  Mailorv.  Alarcy, 
McAllister.  McDowell,  M'Kinney,  Middleton,  William  H. 
Miller,  James  R.  Morris,  Morrison,  Nelson,  NMe..  Oddl, 
John  O'Neill,  Patterson,  Pendleton,  Perham,  Prutjn.  had- 
ford,  Samuel  J.  Randall,  Alexander  H.  Rice,  Robinson? 
Rogers,  Edward  H.  Rollins,  James  S.  Rollins.  Ross,  ScoQi-ld, 
John  B.  Steele,  William  G.  Stee.le,  Stovers, 'Stiles,  Sirouse, 
Stuart,  Sweat.  Wadsworth,  Ward,  William  B.  WasLbmn, 
Wi-bPter.  Whiiicy,  Wheeler,  Chilian  A.  White.  Joseph  W. 
White,  Winfield—93. 

Mr.  STEVRNS'S  substitute  was  then  rejected — 
yeas  24,  nays  120,  as  follows  : 

YEAS — Messrs.  Alley,  Ames,  Baily,  Boutwell,  Broomall, 
William  G.  Brown,  Eliot,  English,  Ganson.  Griswold,  Hale, 
Hotchkiss,  Kernan,  Lazear,  Loan,  Orth,  Alexander  H.  Rice, 
Edward  II.  Rollins,  Ross,  Scofield,  William  G.  Steele,  Ste 
vens,  Webster,  Wilder— 24. 

NAYS — Messrs.  William  J.  Allen,  Allison,  Ancona,  Ander- 
j  son,  Arnold,  Ashley,  Augustus  C.  Baldwin,  John  D. Baldwin, 
Baxter,  Beaman,  Blair,  Bliss,  Blow,  Boyd,  Brooks,  Chanler, 
Ambrose  W.  Clark,  CoffrotJ,,  Cole,  Cox,  Cravens,  Creswell, 


of  the  law. 

Mr.  BLAIR,  of  Virginia,  offered  this  substi 
tute: 

That  so  much  of  the  act  entitled  "An  act  for  enrolling 
and  calling  out  the  national  forces,  and  for  other  purposes,'' 
approved  March  3,  1SG3,  and  of  the  several  acts  amenda-  I 


Dawes,  Daioson,  Denttan,  Dixou,  Donnelly.  Driggs,  Eckley, 
Eden,  Rlgcrton,  Eldridge,  Fenton,  Finch,  Frank,  Garfield, 
Gooch,  Grider,  Harding,  Harrington,  Benjamin  G.  Harris, 
Cliarles  M.  Harris,  Herrick,  Higby,  Holman,  llulburd.  Hutch- 
ins,  Ingersoll,  Jenckes,  Philip  Johnson,  William  Johnson, 
Julian,  Kallijleisch,  Kelley,  Francis  W.  Kellogg,  Orlando 
Kellogg,  Knox,  Le  Blond,  Littlejohn,  Long,  Mallory,  Marcy, 

--  •         7 --  —  --• — .   .  Marvin,  McBride,  McClurg,  McDowell,  Mclndoe,  McKimuii, 

tory  thereof,  as  provides  for  a  commutation  in  money,  to  be  |  Middleton,  Samuel  F.  Miller,  William  H.  MUlr,  Moorhead 

paid  by  persons  enrolled  or  dratted  for  military  service,  in     Morriil.  DaukU  Morris,  James  R.  Morris,  Morrison,  Nelson, 

lieu  ot  actually  rendering  such  military  service,  be, and  the    Noble,  Norton,  Odell,  Charles  O'Neill,  John  O'Neill,  Pcndle- 

game  is  hereby,  repealed;   and  hereafter  no  payment  of    ton,  Perham,  Pike,  Pomeroy,  Pruijn.  Radft.rd    Samuel  J. 

refease  — a— — "^e--t^-°^  rfceived,bv  the  Government  to    Randall,  William  H.  Randall,  John  H.  Rice,  Rogers,  Jamex 

form 

shall 

United  States  as  a  substitute  for  any  other  person  liable  to 

military  duty  and  who  may  have  been  enrolled  or  drafted 


shall  be  accepted  or  received  by  the  Government  to  Randall,  William  II.  Randall,  John  H.  Rice,  Rogers,  James 
e  an  enrolled  or  drafted  man  from  obligation  to  per-  |  &  Rollins,  Schenck,  Shannon,  Sloan,  Sinithers  Snalding, 
military  duty:  Pronded,  That  hereafter  no  person  I  John  B.  Steele,  Stiles,  Slmvsr,  Stiurt,Hweat  Thayer  Thomas 
be  received  or  accepted  to  serve  in  the  army  of  the  Tracy.  Upson,  Van  Valkenburgh,  Wadswnrih,  Ward,  Elliha 


lor  that  purpose. 


,  , 

B.  Washburne,  William  B.  Washburn,  Wualey,  Whaler, 
Clnlto'i.A.  White,  Joseph  W.  White,  Willians  Wilson  Wi«. 
dom  WinJield-120, 


268 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


Mr.  SMITHCRS  then  offered  a  substitute: 

The  first  section  became  the  law,  except  that  in  the  sub 
stitute  the  bounty  was  fixed  at  1200, 9900, and  $400,  payable 
one  half  at  muster,  one  fourth  at  expiration  of  half  the  term 
of  service,  and  one  fourth  at  expiration,  and  incase  of  death 
while  in  service  the  residue  unpaid  to  be  paid  to  the  widow, 
or  children,  or  legal  representatives.  If  honorably  dis 
charged  by  reason  of  wounds  or  sickness  incurred  in  the 
service,  to  receive  full  bounty. 

Second  section  became  law,  except  that  "  fifty"  days  was 
substituted  for  "sixty." 

Third  section  became  third  section  of  the  law. 

Fourth  section  becaire  fourth  section  of  the  law. 

Fifth  section  became  nfth  section  of  the  law. 

Section  six  is  the  sixth  section  of  the  law,  except  that 
"  fifty  "  per  centum  reads  "  one  hundred." 

Section  seven  was  unchanged. 

Section  eight  is  substantially  the  eighth  section  of  the 
law. 

Section  nine  is  the  ninth  section  of  the  law. 

Which  was  rejected  —  yeas  76,  nays  77,  as 
follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  I).  Baldwin,  Baxter,  Beaman,  Blow,  Boutwell, 
Boyd,  Broomall,  Ami/rose  W.  Clark,  Cobb,  Cole,  Creswell, 
Dawes,  Dixon,  Donnelly,  Brings,  Kckley,  Eliot,  Fenton,  Gar- 
field,  Gooch,  lligby,  Hooper,  Hotelikiss,  Asahcl  W.  Hubbard, 
John  II.  Hubbard,  llulburd,  Ingersoll,  Jenckes,  Julian, 
.Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Knox,  Little- 
John,  Loan,  Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  F. 
Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson, 
Perham,  Pomeroy,  William  II.  Randall,  Alexander  II. Rice, 
John  II.  Rice,  Edward  II.  Rollins,  Schcnck,  Scofield,  Shan 
non,  Sloan,  Smithers,  Spalding,  Thayer,  Tracy,  Upsou, 
Eilihu  B.  Washburne.  William  B.  \Vashburn,  Williams, 
Wilder,  Wilson,  Windom— 76. 

NAY.S — Messrs.  William  J.  Allen,  Ancona,  Baity,  Au 
gustus  C.  Baldwin,  Blair,  Bliss,  Brooks,  James  S.  Brown, 
William  G.  Brown,  Clatnler,  Co/froth,  Cox,  Cravens, Dawson, 
Deniton,  Eden,  Edgerlon,  Eldridg<;  English,  Find;  Ganson, 
Gridcr,  Griswold,  Hale,  Harding,  Harrington,  Benjamin  G. 
Harris,  Charles  M.  Harris,  Hfrrick,  Holman,  Hutching, 
Philip  Johnson,  Wm.  Johnwm,  Kal'>fteisch,  Kernan,  Knapp, 
Law,  Lazeur,  Le  Blond,  Long,  Mallory,  Mara/,  McAllister, 
McDowell,  McKinney,  Middleton,  Wm.  H.  Miller,  James  R. 
Morris,  Morrison,  Nelson,  Noble,  Oddl,  John  O'Neill,  Pen 
dleton,  1'ruyn,  Radford,  Samuel  J.  Randall,  Robinson, 
Rogers,  Jas.  S.  Rollins,  Ross,  John  B.  Steele,  Wm.  G.  Steele, 
Stevens,  Stiles,  Strouse,  Stuart,  Sweat,  Thomas,  Wadsworth, 
Ward,  Webster,  Whaley,  Wheeler,  ChiltonA.  White,  Joseph 
W.  White,  WinJield—77. 

June  28 — Mr.  BLAIR  moved  to  reconsider 
this  vote. 

Mr.  HOLMAN  moved  to  table  the  motion, 
•which  was  lost — yeas  73,  nays  85.  The  motion 
to  reconsider  was  then  agreed  to — yeas  83,  nays 
71,  as  follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blair,  Blow, 
Boutwell,  Boyd,  Broomall,  Freeman  Clarke,  Cobb,  Cole, 
Oeswell,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes, 
Deming,  Dixon,  Donnelly,  Driggs,  Eckley,  Eliot,  Garfield, 
Gooch,  lligby,  Hooper,  llotchkiss,  Asahel  W.  Hubbard, 
John  II.  liubbard,  llulburd,  Ingersoll,  Jenckes,  Julian, 
Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Knox. 
Littlejohn,  Loan,  Longyear,  Marvin,  McBride,  McClurg, 
Mclndoe,  Samuel  F.  Miller,  Moorhead,  Daniel  Morris,  Amos 
Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Pat 
terson,  Perham,  Pike.  Pomeroy,  William  H.  Randall, 
Alexander  II.  Rice,  John  II.  Rice.  Edward  II.  Rollins, 
Schenck,  Scofield,  Shannon,  Sloan,  Smith,  Smi there,  Spald 
ing,  Thayer,  Thomas,  Tracy,  Upson,  Van  Valkenburgh, 
Eilihu  B.  Washburne,  William  B.  Washburn,  Williams, 
Wilder,  Wilson,  Windom— 83. 

NATS — .Messrs.  William  J.  Allen,  Ancona,  Baity,  Augustus 
C.  Baldwin,  Blaine.  Bliss,  James  S.  Brown,  Wm.  G.  Brown, 
•Chanler,  Co/froth,  Cravens,  Dawson,  Denison,  Eden,  Edgi-r- 
t<>n.  Eldridge,  English,  Find:,  Ganson,  Grider,  Hale,  Hard 
ing,  Harrington,  Benjamin.  G.  Harris,  Charles  M.  Harris, 
JJumcIf,  Holman,  Htttchiitit  Pliilip  Johnson,  Wm.  Johtr«,>i, 
Ka  li> /lei  sell ,  Knapp,  Law,  Lazear,  Lc  Blond,  Long,  Mai  I  on/, 
Marcu,  McAllister,  McDowell,  McKinnci/,  Middleton,  Wm.  H. 
Miller,  Morrison,  Nelson,  No'>le,  Odell,  Joint  O'Neill,  Pen- 
dleton,  Perry,  Pruyn,  Radford,SamutlJ.  Randall,  Robinson, 
James  S.  Rollins,  Ross,  John  B.  Steele,  Wm.  G. Steele,  Stevens, 
Stiles,  Strouae,  Stuart,  Sweat,  Wadtworth.  Ward,  Webster, 
Whaley,  Wheeler,  C/iltonA.  White,  Joseph  W.  White,  Win- 
field— 1\. 


The  substitute  was  modified  by  adding  after 
«'  service"  in  the  last  line  of  the  first  section, 
the  words :  ««  in  the  line  of  his  duty  ;"  and  wa« 
then  agreed  to — yeas  81,  nays  75,  as  follows  : 
YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blair,  Blow, 
Boutwell,  Boyd,  Broomall,  Cobb,  Cole,  Civswell,  Henry 
Winter  Davis,  Thomas  T.  Davis,  Dawes.  Deming,  Dixon, 
Donnelly,  Driggs,  Eckley,  Eliot,  Garfield,  Gooch,  lligby, 
Hooper,  Hotchkias,  Asahe!  W.  Hubbard,  John  II.  Hubbard, 
llulburd,  Ingei-Holl.  Jencke»,  Julian,  Kelley.  Francis  \V. 
Kellogg, Orlando  Kellogg,  Knox,  Littlej  .hn. 'Loan,  Long- 
year,  Marvin,  McBride,  IMcClurg,  McL.'doe,  Samuel  F.  Mil 
ler,  Moorhead,  Daniel  Morris,  Amos  Myers,  Leonard  .Vvers, 
Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham.  Pike, 
Pomeroy,  William  II.  Randall,  Alexander  II.  Rice,  John 
H.  Rice,  Edward  H.  Rollins,  Schenck,  Scofield,  shannon, 
Sloan,  i?inith,  Smitbers,  Spalding,  Thayer.  Tracy,  L'pson, 
Van  Valkenburgh,  Eilihu  B.  Washburne,  William  B.  Wash- 
burn,  Williams,  Wilder,  Wilson,  Windom— 81. 

NAYS — Messrs.  William  J.  Allen,  Ancona.  Baily,  Augus 
tus  C.  Baldwin,  Blaine,  Bliss,  James  S.  Brown,  Wdiiam  G. 
Brown,  Chanler,  Coffroth.  Cravens,  Dawson,  Denison.  Eden, 
Edgerton,  Eldridge.  English,  Finck,  Frank,  Hanson,  Gri 
der.  Giiswold,  Hale,  Harding,  Harrington,  Benjamin  G. 
Harris,  Charles  M.  Harris,  Hirrick,  Holman,  Huichinx, 
Philip  Johnson,  William  Johnson,  Kalbjleisclt,  Kernan, 
|  Knapp,  Law,  Lazear,Le  Blond,  Long,  Muliory.  Marcy.  McAl- 
I  lister,  McDowell,  McKinney,  Middleton,  William  H.  Miller, 
James  R.  Morris,  Morrison,  Nelson,  Nobls.  John  O'Neill, 
Pendleton,  Perry,  Pruyn,  Radford,  Samuel  J.  Randall, 
Robinson,  James  S.  Rollins,  Ross,  John  B.  Steele,  William 
G.  Steele,  Stevens,  Stiles.  Strouse.  Siuarl,  Sweat,  Thomas, 
Wadsworth,  Ward,  Webster,  Whaley,  Wheeler,  Chilton  A 
White,  Joseph  W.  White,  Winfidd— 75. 

Mr.  STEVENS  moved  to  add  this  new  section  : 

That  nothing  contained  in  this  act  shall  be  construed  to 
alter  or  in  any  way  affect  the  law  relative  to  those  consci 
entiously  opposed  to  bearing  arms. 

Mr.  PIKE  moved  to  amend  the  amendment 
by  adding  : 

That  hereafter,  persons  between  the  ages  of  forty-five 
and  fifty  years  shall  be  enrolled  and  subject  to  draft  in  the 
same  manner  as  persons  between  the  ages  of  twenty  and 
forty-five. 

Which  was  rejected — yeas  47,  nays  102.  The 
YEAS  were  : 

Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley,  Augustus 
C.  Baldwin,  Baxter,  Blow,  Broomall,  James  S.  Brown.  Chan 
ler,  Freeman  Clarke,  Coffroth,  Creswell,  Henry  Winter 
1  avis,  Dawes,  Deming,  Donnelly,  Garfield,  Gooch,  Grit- 
wold,  Hale,  Asahel  W.  Hubbard,  John  II.  Hubbard,  Inger- 
ooll,  Julian,  Littlejohn,  Marvin.  McBride,  McClurg,  Moor 
head,  I'aniel  Morris,  Ndson.  Orth,  Pattern-on.  Pendleton, 
Pike,  Pomeroy,  Alexander  II.  Rice,  John  II.  Rice,  Smith, 
rtevens,  Tracy,  Van  Valiveiiburgh.  Wadsworth,  Eilihu  B. 
Washburne,  Chilton  A.  White — i7. 

The  amendment  of  Mr.  STEVENS  was  then 
agreed  to — yeas  77,  nays  64,  as  follows  : 

YEAS — Messrs.  Alley,  Ames,  Ashley,  Baity,  John  D.  Bald 
win,  Baxter,  Beaman,  Blaine,  Blow,  Boutwell,  Broomall, 
Chanler,  Creswell,  Thomas  T.  Davis,  Dawes,  Dawson,  Dein- 
ing,  Dixon,  Donnelly,  Driggs,  Eckley,  Edyerton,  iilint, 
Frank,  Ganson.  Gooch,  Grider,  Griswold,  Hale,  Clmrlrs 
M.  Harris,  Higby,  Hooper,  llotchkiss,  Asahel  \V.  Hub- 
bard,  John  II.  Hnbbard,  Hutch  ins,  Ingersoll,  Jenckes, 
Julian,  Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg.  Kir- 
nan.  Knox,  Loan,  McAllister,  McClurg,  Middleton,  Moor 
head,  Daniel  Morris,  Amos  Myers,  Leonard  Myers.  Norton, 
Charles  O'Neill.  Perham,  Perm.  Pike,  Rai.'ford.  Alexander 
II.  Rice,  John  II.  Rice,  Edward  II.  Rollins,  Sloan,  Smithers, 
Spalding,  Stevens,  Stuart,  Sweat,  Thayer,  Thomas,  Upson, 
Van  Valkenburgh,  Eilihu  B.  Washburne,  Webster,  Wheeler, 
Wilder,  Wilson,  Windom— 77. 

NAYS — Messrs.  William  J.  Allen,  Allison.  Ancona,  Au 
gustus  C.  Baldwin,  Bliss,  James  S.  Brown,  Wm.  G.  Brown, 
Freeman  Clarke,  Cobb,  Coffroth,  Cole,  Cravens,  Denison, 
Eilcn,  Eldridgt,  English,  Finck,  Garfield,  Harding,  Harring 
ton,  Benjamin  G.  Harris,  Il'rrick,  Hoi  man,  Hulburd,  Piu'lip 
Johnson,  Kullijli'ist'h,  Knapp,  Law,  Lf  Bl->nd,  Littlejohn, 
Long,  Longyear,  Marcy,  Marvin,  McDowell,  Mclndoe,  Mc- 
Kinney,  Samuel  F.  Miller,  William  II.  Millrr.Jontes  R.  Mor 
ris,  Morrison,  Noble.,  John  O'NeW,  Orth,  Pendleton,  P<>m- 
eroy,  Samuel  J.  Randall,  Robinson,  James  S.  Rollins,  R.-ISS, 
Schenck,  Shannon,  Smith,  William  G.  Stteif.,  Shies.  Slrmwe, 
Tracy,  Wadsworth,  Ward,  William  B.  Washburu,  Whaley, 
Chilton  A.  White,  Joseph  W.  White,  Williams— 64. 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


The  bill  then  passed — yeas  82,  nays  77,  as 
follows : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  I).  Baldwin,  Baxter,  Beaman,  Blair,  Blow, 
Boutwell,  Boyd,  Brooimill,  Freeman  Clarke,  Cobb,  Cole, 
Creswell,  Thomas  T.  Davis,  Dawes,  Doming,  Dixon,  Don 
nelly,  Driggs,  Eckley,  Eliot,  Farnsworth,  Fenton,  Garfield, 
Oooch.  Iligby,  Hooper,  Hotchkiss,  Asahel  W.  Ilubbard, 
John  II.  Ilul)bard.  Hulburd,  Ingcrsoll,  Jenckcs,  Julian, 
Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Knox,  Little- 
john,  Lo;in,  Longyear,  Marvin,  McBride.  McClurg,  Mclndoe, 
S.F.  Miller,  Hoarhead,  Merrill,  Daniel  Morris.  Amos  Myers, 
(joouard  Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson, 
Periiam,  Pike,  Pomeroy,  Alexander  II.  Rice,  John  II.  Rice, 
Edward  II.  Rollins,  Schenck,  Shannon.  Sloan,  Smith, 
Snrther-1.  Spalding,  Thaye: ,  Tracy,  Upson,  Van  Valkenburgh, 
Ellihu  B.  Washlmrne,  "William  B.  Wash  burn,  Williams, 
Wilder,  Wilson,  Windorn— 82. 

NAYS — Messrs.  William  J.  Allen,  Ancona,  Baily,  Augus 
tus  C.  Baldwin,  Blaine,  Bliss,  Brooks,  James  S.  Brown. 
William  G.  Brown,  Charter,  Coffroth,  Cox,  Cravens,  Daw- 
wn,  Denison,  Eden,  Edgerton,  Eldridge,  English,  Finch; 
Frank,  fianson,  Grider,  Griswold,  Hale,  Harding,  Benjamin 
G.  Harris,  Charles  M.  Harris,  Herrick,  Holman,  Hutching, 
Phib'j)  Johnson,  William  Johnson,  Kfdbjleisch,  Kernan, 
Knapp,  Law,  Lazcar,  Le  Blond,  Long,  JfaUory,  Marci/, 
McAllister,  McDowell,  McKinney,  Middleton,  William  H. 
Miller.  Jam/'S  R.  Morris,  Moi-rison,  Nelson,  Noble,  Odelt, 
John  O'Neill,  Pendlcton,  Perrtf,  Pruyn,  Radford,  Samuel 
J.  Randall  Jmnes  S.  Rollins,  Ross,  Scofield,  John  B.  Steele, 
William  G.  Steele,  Stevens,  Stiles,  Strouse,  Stuart,  Sweat, 
Thomas,  Wadsworth,  Ward,  Webster,  Whaley,  Wheeler, 
Chilton  A.  White,  Joseph  W?  White,  Winfield— 77. 

June  30 — The  bill  having  been  returned 
from  the  Senate  with  sundry  amendments,  one 
of  which  imposed  a  five  per  cent,  income  duty, 
the  House  unanimously  directed  the  return  of 
the  bill  to  the  Senate  as  contravening  the  first 
clause  of  the  seventh  section  of  the  first  article 
of  the  Constitution,  and  as  an  infringement  of 
the  privileges  of  the  House. 

July  1 — The  House  considered  the  Senate 
substitute  for  its  bill,  when  several  amend 
ments  were  proposed. 

Mr.  INGERSOLL  moved  to  add,  after  the  word 
41  soldiers,"  at  the  end  of  the  fourth  line,  "  ex 
cept  such  States  or  Territories  or  parts  thereof 
declared  in  rebellion." 

Which  was  rejected  on  a  count — yeas  28. 

Mr.  THOMAS  offered  this  as  a  new  section: 
That  it  shall  not  be  lawful  for  any  of  the  States  to  send 
recruiting  agents  into  other  States  and  Territories  to  enlist 
fiolmers  to  be  credited  to  the  States  that  may  procure  their 
enlistment ;  and  no  State  shall  be  credited  with  soldiers  re 
mitted  who  are  not  citizens  of  the  State  claiming  the 
credit,  or  foreigners  who  do  not  owe  allegiance  to  the  United 
States. 

Which  was  rejected — yeas  63,  nays  63,  (the 
Speaker  voting  in  the  negative.)  as  follows: 

YF.AS — Messrs.  Wm.  J.  Allen,  Ancona,  Baily,  Blair, 
Brooks,  James  S.  Brown,  Cfionler,  Coffroth,  Creswell,  Henry 
Winter  Davis,  Dawson,  Denison,  Eden,Edgcrt(/n,  Eld  ridge. 
English,  Farnsworth,  Finck,  Ganson,  Halo,  Harding,  Benja 
min  G.  Harris,  Charles  M.  Harris,  Holman,  Hutching,  Philip 
Johnson,  Julian,  Kal!>fleischt  Kernun,  Kn«pp,  Law,  Lazear 
Le.  L'lon'J,  Long,  Mallori/,  McAllister,  Middleton,  William  H. 
tUl'er,  James  R.  Morris,  Morrison,  Nelson,  Noble,  Odell, 
John  O'Neill,  Pendleton.Pru>/n,  Radjbrd,  R^ltinsr/n,  James 
S.  Rollins,  Ross,  Shannon,  John  B.  St»ele,  Stiles,  Strouse, 
Ffitart,  Thomas,  Tracy,  Wadsworth,  Webster,  Whaley 
Wheekr,  Chilton  A.  White,  WitiJleld—SZ. 

NAYS —  Messrs.  Alloy,  Allison,  Ames,  Ashley,  John  D. 
Baldwin,  Baxter,  Benman.  Boutwell,  Boyd,  Broomall,  Cobb, 
Dawi's,  Deming,  Dixon,  Driggs,  Eckley,  Eliot,  Fenton, 
Frank,  Garfield,  Gooch,  llieby,  Hooper,  ilotchkiss.  Asahel 
W.Hubbard,  John  H.  Hubbard,  Hulburd,  Ingersoll,  Jenckes, 
Kelley.  Littlcjohn,  Loan,  Marcy,  Me  Bride.  Samuel  F.  Miller, 
Moorhcad,  Morrill,  Amos  Myers,  Leonard  Myers,  Norton, 
Charles  O'Neill,  Orth,  Patterson,  Perhani,  John  II.  Rice,  Ed- 
\vanl  II.  Rollins,  Schf-nck.  Scolield,  Sloan,  Smithers,  Spald- 
ing.  William  G.  Steele,  Thayer,  Upson,  Van  Valkenburgh 
Kllilni  B.  Washburne,  William  B.  Washburn,  Williams, 
Wilder,  Wilson.  Windcm,  Woodbridge— 62. 

Mr.  WiLLiAM  Q.  STEELE  moved  to  reconsider 
this  vote. 


Mr.  E.  B.  WAShBCRNE  moved  to  lay  that 
motion  on  the  table  ;  which  was  disagreed  to — 
yeas  61,  nays  62. 

The  motion  to  reconsider  was  then  agreed 
to — yeas  65,  nays  62. 

The  proposition  of  Mr.  THOMAS  was  then 
again  rejected — yeas  63,  nays  65,  as  follows  : 

YEAS— Messrs.  William  J.  Allen,  Ancona,  Bail;/,  Blair, 
Brooks,  James  S.  Brown,  Coffroth,  Creswell,  Henry  Winter 
Davis,  Dawson,  Dtnison,  Eden,  Edgcrton,  Eldridge,  English, 
Farnsworth.  Finck,  Ganson,  Hale,  Harding,  Benjamin  G~ 
Harris,  Charles  M.Harris,  Holman,  Hutdiins,  Philip  John 
son,  KalbHeifch,  Kernan,  Knapp,  Law.  Lazear,  Lc  Blond, 
Long,  Mallory,  McAllister,  Middleton,  William  II.  Millar, 
James  R.  Morris,  Morrison,  Nelson,  Noble,  Odell,  John 
O'Neill,  Pendleton,  Pruyn,  Radford,  William  II.  Randall, 
Robinson,  James  S.  Rollins,  Ross,  Smith,  John  B.  Steele,  Wil 
liam  G.  Steele,  Siiles,  Strouse,  Stuart,  Thomas,  Tracy.  Wads- 
worth,  Webster,  Whaley,  Wheeler,  Chilton  A.  White,  Win- 
fidd—63. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley.  John 
D.  Baldwin,  Baxter,  Beaman,  Boutwell,  Boyd,  Broomall, 
Cobb,  Cole,  Dawes,  Deming,  Dixon,  Donnelly.' Driggs,  Eliot, 
Fenton,  Frnnk,  Garfield,  Gooch,  Higby,  Hooper,  Hotchkiss, 
Asahel  W.  Ilubbard,  John  II.  Ilubbard,  Hulburd,  Julian, 
Kelley,  Littlejohn,  Loan,  McBride,  McClurg,  Samuel  F. 
Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Norton,  Charles  O'Neill.  Orth,  Patterson, 
Perham.  Alexander  II.  Rice,  John  II.  Rice,  Edward  II.  Rol 
lins,  Schenck,  Scofield,  Shannon,  Sloan,  Smithers,  Spalding, 
Thayer.  Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne, 
William  B.  Washburn,  Williams,  Wilder,  Wilson,  Windom, 
Woodbridge— 65. 

Mr.  ORTH  offered  the  following  amendment ; 
which  was  agreed  to  : 

That  the  number  of  men  heretofore  furnished  by  any  of 
the  States  shall  be  credited  to  said  State  on  her  quota  in  any 
future  draft  in  proportion  to  the  length  of  time  for  which 
said  men  were  furnished. 

Mr.  GARFIELD  offered  four  new  sections,  the 
second,  third,  and  fourth  of  which  are  the  same 
as  the  fifth,  sixth,  and  seventh  sections  of  the 
act,  and  the  first  is  as  follows : 

That  any  persons  resident  in  Virginia,  North  Carolina, 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi, 
Louisiana,  Texas,  or  Arkansas,  who  may  voluntarily  enlist 
in  the  military  service  of  the  United  States  for  a  term  of 
not  more  than  three  years,  or  during  the  war,  or  not  Jess 
than  one  year,  shall  be  entitled  to  the  benefits  and  privi 
leges  of  existing  laws ;  and  such  persons  shall  be  mustered 
into  the  regiments  or  other  organizations  of  whatsoever 
State  they  may  elect,  or,  in  the  case  of  colored  troops,  shall 
be  assigned  as  now  provided  by  law.  And  the  States  or 
subdivisions  of  States  procuring  such  enlistments  shall  re 
ceive  credit  for  such  persons  in  accordance  with  the  laws 
n  other  cases:  Provided,  That  such  enlistments  as  are  au- 
:horized  in  any  State,  under  the  provisions  of  this  act,  shall 
only  continue  until  such  State  shall  have  been  made  sub- 
ect  to  a  call  for  troops:  And  provided  further,  That  IH> 
enlistments  shall  be  made  of  any  soldier,  either  in  or  out 
of  any  State,  except  those  enumerated  herein,  unless  full 
credit  is  given  to  the  State  to  which  the  enlisted  soldier 
Belongs. 

Which  was  agreed  to — yeas  69,  nays  53,  as 
bllows : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley,  John 
).  Baldwin.  Baxter,  Beaman,  Boyd,  Broomall,  Cobb,  Cole, 
>eswell,  Henry  Winter  Davis,  Dawes,  Deming,  Dixon. 
Donnelly,  Driggs,  Eckley,  Eliot,  English,  Farnsworth. 
Fenton,  Frank,  Garfield,  Gooch,  Higby,  Hotchkifs,  Asahel 
W.  Ilubbard,  John  II.  Ilubbard.  Hulburd,  Ingersoll,  Julian. 
Kelley,  Littlejohn,  Loan,  McBride,  McClurg,  Samuel  F. 
Miller,  Moorhead,  Morrill.  Daniel  Morris,  Amos  Myers. 
Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson, 
Perham,  Alexander  II.  Rice,  John  II.  Rice,  Edward  H.  Rol 
lins,  Schenck,  Scofield.  Shannon,  Sloan,  Smithers,  Spalding, 
Thayer,  Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne. 
William  B.  Washburn,  Williams,  Wilder,  Wilson,  Windom, 
Woodbridge — 69. 

NAYS — Messrs.  William  J.  Allen,  Ancona,  Blair,  Brooks, 
James  S.  Brown,  Chanler,  Coffroth,  Denison,  Eden,  Edfjcrtmi, 
Eldridge,  Finck,  Ganson,  Harding,  Benjamin  G.  Harris, 
Charles  M.  Harris,  Holman,  Hutchins,  Philip  Johnson, 
Kalbjieisch,  Ke.rnan,  Knapp,  Law,  LeBtond,  Long,  AluHon/, 
Marci/,  McAllister,  Middleton,  William  H.  Miller,  James  R. 
Morris,  Morrison,  Ndson,  John  O'Ndll,  Pendleton,  Pruyn, 


270 


LEGISLATION,   ORDERS,   PROCLAMATIONS,    ETC. 


Radford,  William  II.  Randall,  Roliinson,  James  8.  Rollins, 
Roxs,  John  B.  Steel?,  Wm.  G.  Steele,  Stiles,  Strouse,  Sweat, 
Thomas,  Wadswortli,  Webster,  Whaley,  Wlieeler,  Chilian  A, 
White,  Winfidd — 53. 

The  other  sections  were  agreed  to  without  a 
•division. 

Mr.  HENIIY  WINTER  DAVIS  moved  that  the 
House  concur  in  the  Senate  amendments  with 
this  amendment  : 

That  no  person  drafted  shall  be  entitled  to  be  exempted 
from  personal  service  on  payment  of  commutation  money. 

That  all  enrolled  persons  shall  be  divided  intc  two  claBMB, 
one  comprising  those  between  eighteen  and  twenty-five 
years  of  age,  and  the  other  those  over  twenty-fi  'e  and  under 
forty  years  of  age. 

That  every  year  during  the  continuance  of  the  rebellion 
the  President  shall  cause  250,000  men  to  be  drafted  from  the 
first  class,  who  shall  bo  organized,  drilled,  and  either  sent 
into  the  field  or  held  as  a  reserve  to  meet  the  exigencies  of 
the  service. 

That  in  the  event  of  the  service  requiring  a  levy  of  more 
than  250,000  men  in  any  year,  the  residue  beyond  that  num 
ber  shall  be  drafted  from  the  second  class. 

That  prior  to  any  draft,  and  during  the  execution  of  the 
same,  till  the  requisition  is  filled,  the  President  shall  call 
for  volunteers  to  fill  the  same,  and  is  authorized  to  offer  and 
pay  every  volunteer  $300  who  shall  volunteer  for  three 
years,  and  proportion.'! bly  for  any  shorter  period  designated 
by  the  President,  one  half  at  the  time  of  mustering  in  and 
the  other  half  on  his  discharge. 

That  every  drafted  man  not  appearing  by  the  assessment 
for  the  internal  revenue,  to  have  an  income  of  $300  on  whom 
•wife,  parent,  child,  brother,  or  sister  is  dependent  for  sup 
port  shall  be  allowed  ten  dollars  a  mouth  lor  the  support  of 
<ivery  such  dependent,  payable  directly  to  such  dependent 
or  the  person  charged  with  the  guardianship  of  any  of 
them  :  Provided,  That  not  more  than  twenty  dollars  shall 
be  paid  for  this  purpose  in  any  month  on  account  of  any 
dratted  man. 

That  it  shall  be  the  duty  of  the  President  to  order  and 
•execute  a  draft  in  each  of  the  States  heretofore  declared  in 
rebellion,  so  far  as  the  territory  of  said  State  shall  be  under 
the  military  occupation  of  the  United  States  ;  and  any  State 
may  procure  volunteers  from  any  of  the  States  declared  in 
rebellion  except  Tennessee  and  have  them  credited  to  the 
quotas  of  the  State  procuring  the  same;  but  all  persons 
residents  of  any  loyal  State  volunteering  in  any  other  loyal 
State  shall  be  credited  to  the  State  of  his  residence. 

Which  was  rejected — yeas  26,  nays  101.  The 
YEAS  were : 

Messrs.  Allison,  ArnoW,  Ashley,  Baxter,  Broomall,  Free- 
uiaii  Clarke,  Creswell,  Henry  Winter  Davis,  Donnelly,  Eck- 
ley,  Garlield,  Hooper,  Asahel  W.  Hubbard,  John  H.  Hub- 
bard,  Ilulburd,  Julian,  Longyear,  McBride,  McClurg, 
Moorhead,  Merrill,  Orth,  Scofield,  Sloan,  Stevens,  Wood- 
bridge— 26. 

VOTE    ON    FINAL    PASSAGE    OP    THE    ACT     OF     JULY 

4,    1864. 

The  House  then  non-concurred  in  the  Senate 
amendment,  and  asked  a  Committee  of  Confer 
ence  on  the  disagreeing  votes  of  the  two  Houses, 
whose  report,  being  the  law  as  it  stands,  was 
adopted,  July  2 — yeas  66,  nays  55,  as  follows: 

YKAS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  John  I). 
Baldwin, Baxter, Seaman, Blair,  Boutwell,Boyd,Oobb,Cole, 

Creswell,  llonry  Winter  Davis,  Dawes,  Deming,  Dixon, 
PrifZgs,  Eckley,  Eliot,  Farnsworth,  Fenton,  Garlield,  Gooch. 
Higby,  Hooper,  Hotchkiss,  A.  W.  Htibbard,  Jo!m  H  Hub- 
bard,  Ingersoll,  Jenckes,  Julian,  Kelley,  LiUlejohn,  Loan, 
Longyeur,  McBride.  McClurg,  Samuel  F.  Miller,  Moorhead, 
Morriil,  Daniel  Morris,  Amos  Myers.,  Leonard  Myers,  Nor 
ton.  Charles  O'Neill,  Orth,  William  H.  Randall,  John  H. 
Rice,  Schenck,  Shannon,  Sloan,  Smith,  Smithes,  Spalding, 
Tracy,  Upson,  Van  Vaikcnburgh,  Ellihu  B.  Washbnrnc, 
William  B.  Washb urn,  Whaley,  Williams,  Wilder,  Wilson \ 
Wnidom,  Wood  bridge — 66. 

NAYS — Mi'sars.  William  J.  Allen,  Alley,  Ancona,  Baily, 
Elaine,  Bliss,  Chanter,  Co  ff roth,  Cox,  Dawson,  Venison,  Eden, 
Eil'j,"rton,  Eld  ridge,  English,  Frank,  Gannon,  Griswold,  Ben 
jamin  G.  Harris,  Gkarlit  M.  Harris,  Htitchins,  Kernan, 
Knapp,  Law,  Lazear.  Le  Blond,  Lnntj.  Mallory,  Marcu.  Mid 
d  don,  William  If.  Miller,  James  R.  Morris,  Mi<rri  on,  Noble, 
Odfll,  Patterson.  Pundlet&n,  I'eiliam,  Pruyn,  Samuel  J. 
Randall.  Alexander  H.  Rice,  Rolin^nn,  Edward  H.  Rollins, 
J.  S.  Rollins.  Ross,  Scoflehl.  John  B.  Stole.  W.  G  SMe, 
Stevens,  fttiles,  Thomas,  WadtteorA.  Webster,  Wheder, 
tt'i.  Md— 55. 


A  CALL  FOR  500,000  MEN  UNDER  THE  ACT. 

1864.  July  18  -The  PRESIDENT  issued  a  call 
for  500,000  men  for  one  year,  to  be  drafted  for 
after  September  5,  if  not  furnished  before. 

RESOLUTIONS  CONCERNING  ENROLLMENT. 

1863,  December   22— Mr.    PHILIP    JOHNSON 
offered  this  preamble  and  resolution  : 

Whereas  the  supreme  judicial  tribunal  of  the  State  of 
Pennsylvania  has  solemnly  decided  that  the  act  of  Congress 
approved  March  3,  1863,  commonly  called  the  conscription 
act,  is  in  its  provisions  contrary  to  and  in  violation  of  the 
Constitution  of  the  United  States,  and  therefore  null  and 
void:  Therefore, 

Resolved,  That  it  is  the  sworn  duty  of  the  executive  de 
partment  of  the  Government  to  either  acquiesce  in  that 
decision  within  that  State,  or  to  bring  the  questions  in 
volved  before  the  Supreme  Court  of  the  United  States  for 
final  adjudication,  to  the  end  that  if  Congress  shall  deem 
such  legislation  necessary,  another  bill  may  be  prepared 
which  shall  not  be  subject  to  constitutional  objections. 

Which  was  tabled — yeas  81,  nays  43.  The 
NAYS  were  : 

Messrs.  Ancona,  Augustus  C,  Baldwin,  Bliss,  Brookt, 
Cnffrolh,  Cox,  Dawson,  Derdson,  Eden,  Edijerlon,  Eldridge, 
Finch,  Gride,' f,  Hall,  Hardiny,  Jlenjumin  G.  Harris,  Charles 
M.  Harris,  Holmvn,  Philip  Johnson,  William  Johnson,  Le 
Blond,  Long,  McDowell,  McKinney,  Midtileton,  Morrison, 
Ndson,  Noble,  John  O'Neill,  Pendleton,  Perry,  Rogers,  Ross, 
Scoit,  John  B.  Stee.le,  William  G.  Stede,  Sliles,  Strouse,  Sweat, 
Wheder,  ChiUon  A.  White,  Joseph  W.  White,  Fernando 
Wood — 43. 

18G4,  January  11 — Mr.  BROOMALL  offered  the 
following  preamble  and  resolution  : 

Whereas  the  burden  of  government  shouli*  be  made  to 
fall  as  nearly  equally  as  possible  upon  all  parts  of  the  coun 
try;  and  whereas  the  southern  portion  of  the  country  has 
for  several  years  contributed  little,  either  in  men  or  money, 
towards  the  support  of  the  Government ;  and  whereas  al 
most  the  only  way  to  get  men  from  that  portion  is  to  take 
black  men ;  and  whereas  for  every  black  man  enlisted  in 
the  South  some  man  in  the  overburdened  North  may  be  ex 
empted  from  draft : 

It  is  therefore  hereby  declared  to  be  the  sense  of  this 
House  that  the  Government  should  use  its  most  strenuous 
efforts  to  procure  the  voluntary  enlistment  of  persons 
claimed  as  slaves  in  the  rebel  territory,  by  giving  them  the 
full  bounty  and  pay  of  other  soldiers,  and  by  guaranteeing 
their  freedom,  at  once,  upon  enlistment. 

Mr.  Cox  moved  to  lay  them  upon  the  table ; 
which  was  disagreed  to — yeas  61,  nays  74;  and 
they  were  then  referred  to  the  Military  Com 
mittee. 

1864,  January  15— Mr.  ANCONA   offered  this 
resolution,  which  was  laid  over  under  the  rule: 

Whereas  the  act  of  Congress  approved  March  3,  1S63, 
commonly  called  the  conscription  law,  is  oppressive,  unjust, 
and  unconstitutional :  because,  1st,  it  takes  from  the  States 
the  control  of  their  own  militia;  2d.  it  subjects  the  rights 
of  the  States  and  the  liberties  of  the  people  to  the  unlim 
ited  power  of  the  Federal  Government;  Cd,  it  is  calculated 
to  create  and  build  up  a  central  military  despotism  which 
may  be  used  for  the  worst  and  most  dangerous  purposes: 
4th,  it  falsely  imputes  the  crime  of  desertion  to  every  man 
whose  name  is  drawn  in  the ''lottery  of  death"  and  who 
fails  to  join  the  army,  and  subjects  him  to  trial,  condemna 
tion,  and  capital  punishment,  without  a  jury  of  his  peers, 
contrary  to  the  fundamental  law  of  the  land  :  Therefore, 

Be  it  resolved,  That  the  Committee  on  Military  A  flairs  bo 
instructed  to  bring  in  a  bill  for  the  unconditional  repeal  of 
said  act  of  Congress,  and  substitute  in  its  place  some  con 
stitutional  and  just  mode  of  raising  armies  for  the  service 
of  the  United  States. 

1804.  Feb.  1 — Mr.  ELDRIOGE  offered  the  fol 
lowing  preamble  and  resolution  : 

Whereas  all  conscription  or  other  forced  service  of  the 
citizen  to  the  State  is  contrary  to  the  genius  and  principles 
of  republican  government  and  opposed  to  the  principles  of 
srH-uoVfrniiK'nt,  which  is  the  true  basis  of  the  Amcriom 
republic;  and  whereas  the  laws  for  conscripting  or  drafting 
c  iti/.«  us  into  the  military  service  of  the  United  States  have 
thus  far  proved,  if  not  an  entire  failure,  at  least  ineffectual 
for  the  .supplying  to  the  Government  the  necessary  number 
of  men  requisite  for  the  military  service  in  putting  down  the 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


271 


rebellion;  and  whereas  the  principles  of  equity  and  justice 
require  in  a  government  like  ours,  founded  on  the  will  of  the 
majority,  that  the  burdens  of  maintaining  and  preserving  it 
should  fall  alike  and  equally  upon  all  and  every  of  the 
citi/ens,  the  rich  as  well  as  the  poor,  in  proportionto  their 
ability  to  bear  the  same;  and  whereas  the  military  is  a 
profession  to  which  men  are  called  as  well  from  the  in 
ducements  of  personal  gain  anil  family  advantage  as  from 
motives  of  patriotism  and  hopes  of  future  fame :  Therefore, 
Resolved,  That  the  Committee  on  Military  Affairs  be,  and 
they  are  hereby,  instructed  to  examine  and  inquire  imme 
diately  into  the  propriety  and  expediency  of  repealing  or 
suspending,  so  far  as  any  future  or  further  draft  is  con 
cerned,  all  acts  and  parts  of  acts  authorizing  or  empower 
ing  the  conscripting  or  drafting  of,  or  in  any  way  forcing, 
the  citizen  into  the  military  service  of  the  country,  either  in 
putting  down  rebellion  or  otherwise;  and  in  lieu  thereof 
providing  by  law  for,  and  authorizing  the  President  of  the 
United  States  from  time  to  time,  and  as  he  may  deem  it 
«xpcdicnt  and  necessary,  to  offer  the  payment  of  such  sum 
or  sums  of  money  for  volunteers  in  bounties  or  monthly 
payments,  or  otherwise,  as  may  be  best  to  induce  enlist 
ments  and  secure  such  moneys  to  the  soldier  and' his  family, 
and  as  will  secure  just  so  many  and  just  such  men  as  may  bo 
requisite  or  necessary  to  put  down  the  rebellion  and  restore 
the  supremacy  of  the  Constitution ;  and  that  said  committee 
do  report  by  bill. 

Which  wu-e  laid  upon  the  table,  on  Mr. 
STEVENS' s  motion  —  yeas  84,  nays  42.  The 
NAYS  were  : 

Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona,  Au 
gustus  C.  Baldwin,  Bliss,  Cojj'roth,  Daw  ton,  Denixmi,  Eden, 
Edgtrton,  Eklridge,  Findc,  JIall,  Harrington,  Knapp,  Law, 
Lazear,  Long,  Marcy,  McDowell,  McKinne//,  MiddleLon,  Win. 
If.  Miller,  James  R.  Morris,  Morrison,  Noble,  John  O'Neill, 
Pendlcton,  Perry,  Pruyn,  Samuel  J.  Randall,  Rolnnson, 
Rogers,  Ross.  Scott,  John  B.  Steele,  Stiles,  Strouse,  Stuart, 
Sweat,  Chilton  A.  White,  Joseph  W.  White— 42. 

Of  the  Democrats,  Messrs.  Grider,  Hutching, 
and  Yeaman  vosed  aye. 

1864,  February  8— Mr.  ELDHIDGE  offered  this 
resolution,  which  was  laid  over  under  the 
rule : 

Resolved,  That  the  Secretary  of  War  be,  and  he  is  here 
by,  required  to  furnish  lo  this  House  information  as  to  the 
amount  of  moneys  received  up  to  this  time  for  commuta 
tion  by  drafted  men  ;  also  what  disposition  has  been  made 
of  said  moneys.  If  substitutes  have  been  purchased  for 
drafted  men,  how  many  ;  where  and  who  have  been  pro 
cured  as  such  substitutes ;  what  sum  has  been  paid  for  each 
and  whether  for  white  or  black,  and  how  much  for  each.  ' 

April  4 — The  House  considered  the  resolution, 
when  Mr.  STEVENS  moved  that  it  lie  upon  the 
table;  which  was  agreed  to — jeas  60,  nays  46. 
The  NAYS  were: 

Messrs  James  C.  Allen,  Ancona,  Augustus  C.  Baldwin 
Bliu,  Brooks,  James  S.  Brown,  Chanler,  Clay,  Cox,  Cravens 
D.iwson  Denixm,  E<len,Lldridge,  E»c,lish,  Finck,  Grider, 
Gnxw'ld,  Harrington,  Benjamin  G.  Harris  Ilerrick  Hol- 
mfn>  Philip  Johnson,  Kalbjleisch,  King,  L'.iw,  Lazear,  Long, 
Mfllo.y,  Marcy,  McKinncy,  Middleton.  James  R.  Mor.is, 
Morrison,  i\clson,  Odell,  Jo/in  O'Neill,  Price,  Pniyn  Robin 
son.  John  B.  Sleele,  Arouse,  Wheeler,  Chilton  A.  White,  Win- 
Jie/d,  Yeaman — 46. 

1804,  Feb.  1 — Mr.  GRINNELL  offered  the  fol 
lowing  preamble  and  resolution  : 

Whereas  the  war  policy  of  the  Government  havin^ 
brought  into  the  military  service  as  soldiers  and  laborers 
free  colored  men  and  persons  claimed  to  be  held  by  rebels, 
who  have  rendered  invaluable  service  to  the  army;  and' 
whcroas  the  more  extended  employment  and  enlistment  of 
colored  porsons  will  be  a  relief  to  our  northern  soldiers 
unncrlintated  and  unused  to  manual  labor,  and  lessen  the 
Biimlwr  to  l.c  taken  from  their  homes  and  from  the  indus 
trial  pursuits  in  the  United  States,  where  there  is  now  an 
unusual  dcmnnd  for  labor:  Thereiore, 

JJtorfmf,  That  a  more  vigorous  policy  to  enlist,  at  an 
early  day  and  in  larger  numbers,  in  our  army  persons  of 
Afnc.ui  descent  would  meet  the  approbation  of  this 
House. 

Mr.  STILES  moved  to  lay  them  on  the  table, 
but  the  llo;:se  refused— yeas  49,  nays  76  ;  and 
the  resolution  was  then  passed  —  yeas  80, 
nays  46. 


BILL  FOR  THE  PUNISHMENT  OF  GUERRILLAS. 

June  6 — The  Committee  on  Mi'itary  Affairs 
reported  this  bill  to  punish  guerrillas: 

Be  it  enacted,  <&c.,  That  the  provisions  of  the  twenty-first 
section  of  an  act  entitled  "An  act  for  enrolling  and  calling 
out  the  national  forces,  and  for  other  purposes,"  approved 
March  3,  1SK5,  shall  apply  as  well  to  the  sentences  of  mili 
tary  commissions  as  to  those  of  courts-martial ;  and  here 
after  the  commanding  general  in  the  field,  or  the  com 
mander  of  the  department,  as  the  case  may  be,  shall  have 
power  to  carry  intoexecutioii  all  sentences  against  guerrillas, 
for  robbery,  arson,  burglary,  rape,  assault  with  intent  to 
commit  rape,  and  for  violation  of  the  laws  and  customs  of 
war,  as  well  as  sentences  against  spies,  mutineers,  deserters, 
and  murderers. 

SEC.  2.  That  every  officer  authorized  to  order  a  general 
court-martial  shall  have  power  to  pardon  or  mitigate  any 
punishment  ordered  by  such  court,  including  that  of  con 
finement  in  the  penitentiary,  except  the  sentence  of  death 
or  of  cashiering  or  dismissing  an  officer,  which  sentences  it 
shall  be  competent  during  the  continuance  of  the  present 
rebellion  for  the  general  commanding  the  army  in  the  field, 
or  the  department  commander,  as  the  case  may  be,  to  remit 
or  mitigate ;  and  tho  fifth  section  of  the  act  approved  July 
17, 1S62,  chapter  201,  be,  and  the  same  is  hereby,  repealed, 
so  far  as  it  relates  to  sentences  of  imprisonment  in  the  peni 
tentiary. 

Mr.  LONG  moved  that,  the  bill  be  tabled; 
which  was  disagreed  to. 

After  further  proceedings, 

Mr.  ELDRIDGE  moved  that  it  be  tabled  ;  which 
was  disagreed  to — yeas  35,  nays  67. 

And  the  bill  passed — yeas  72,  nays  37.  The 
NAYS  were : 

Messrs.  James  C.  Allen,  Ancona,  Augustus  C.  Baldwin 
Bliss,  Cnffroth,  Cravens,  Henry  Winter  Davis,  Dawson  Den- 
ison,  Eden,  Edgerton,  Eldridge,  FincTc,  Grider,  Harding 
Harrington,  Charles  M.  Harris,  Hutchins,  King,  Knapp  Le. 
Blond,  Long,  Mallory,  Marcy,  McDowell,  Morrison,  Noble 
Pendlcton,  Perry,  Robinson,  Rogers,  Ross,  Strouse,  Voorliees 
Wadsworth,  Chilton  A.  White,  Joseph  W.  White— SI. 

Of  the  Democrats,  Messrs.  Baily  and  Gris- 
wold  voted  aye. 

IN  SENATE. 

June  14 — The  Military  Committee  reported 
the  House  bill  for  the  more  speedy  punishment 
of  guerrillas  ;  which  was  debated. 

June  30 — Mr.  HENDRICKS  offered  this  proviso 
to  the  first  section  : 

Provided,  That  the  term  "guerrillas"  herein  contained 
shall  not  be  held  to  include  persons  employed  in  the  au 
thorized  military  service  of  the  enemy. 

Which  was  agreed  to,  and  the  bill  passed. 
The  House  concurred,  and  the  bill  became  a 
law. 

INCREASED  PAY  OF  SOLDIERS. 

First  Session,  Thirty-Seventh  Congress. 

1861,  August  6 — This  section  was  passad  by 
both  Houses : 

Be  it  enacted,  <£c.,  That  the  pay  of  the  privates  in  the  reg 
ular  army  and  volunteers  in  the  service  of  the  United  States 
be  thirteen  dollars  per  month  for  three  years  from  and  after 
the  passage  of  this  act,  and  until  otherwise  ordered. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE— 1861 

May  3 — The  Senate  bill  to  increase  the  pay 
of  soldiers  was  reported  from  the  Committee  or. 
Military  Affairs,  making  the  pay,  from  May  1, 
of  "  all  soldiers  in  the  military  service  sixteen 
dollars  per  month  ;"  corporals,  eighteen  dollars  ; 
sergeants,  twenty  dollars. 

Mr.  HOLMAN  sought  the  floor  to  move  an 
amendment  that  white  soldiers  should  have 
twenty  dollars  per  month,  and  colored  eighteen 
dollars 

Mr.  Cox  sought   to  move   an   amendment  to 


LEGISLATION,    ORDERS.    PROCLAMATIONS,    ETC. 


Le  yu>y  of  soldiers  and   non-commis 
sioned  officers  «vr<y  dollars  per  month. 

Mr.  DAWSON,  to  move  to  make  it  twenty  dol 
lars  in  the  preseni  currency. 

But  Mr.  SCHENCK  declined   to  y:%^<i  (ne  floor. 

After  a  brief  explanaiisii  the  bill  passed — 
yeas  135,  nays  ^Gfie. 

IN   SENATK 

May  11 — The  Senate  Military  Committee  re 
ported  the  bill  with  amendments,  the  principal 
one  of  which  fixed  the  rates  a?  now  existing 
and  stated  in  the  summary  of  "our  Military 
Legislation,''  which  was  agreed  to,  without 
division  in  either  House.  While  the  bill  was 
pending  in  the  Senate, 

May  17 — Mr.  RICHARDSON  offered  thu  follow 
ing  : 

That  from  and  after  the  first  day  of  May,  1064  the  offi 
cers,  non-commissioned  officers,  musicians,  and  privates  in 
the  regular  army  and  volunteers  and  dratted  forces  in  the 
service  of  the  United  States  sh:ill  be  paid  in  gold :  Prowicd, 
That  said  officers,  non-commissioned  officers,  musicians,  And 
privates  may  he  paid  in  Treasury  notes  or  paper  money 
when  the  Government  cannot  pay  in  gold.  If  not  paid  in 
gold,  they  shall  bo  paid  in  paper  an  amount  equal  to  the 
value  of  gold  at  the  time  of  payment. 

Which  was  rejected — yeas  6,  nays  23,  as  fol 
lows  : 

YEAS — Messrs.  BuckaUw,  Davis,  Hendricks,  Lane  of  In 
diana,  Powell,  Ricltardson — 6. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Dixon,  Doolittle,  Foot,  Foster,  Grimes,  Ilarlan,  Harris, 
Henderson,  Howe,  Johnson,  Lane  of  Kansas.,  Morgan,  Mer 
rill,  Ramsey,  Sunnier,  Ten  Eyck,  Van  Winkle,  Wilson— 23. 

Mr.  POWKLL  offered  this  amendment: 

Provided,  That  the  provisions  of  this  act  shall  not  apply 
to  colored  soldiers. 

Which  was  rejected — yeas  5,  nays  26,  as  fol 
lows  : 

YEAS — Messrs.  Buckalew,  Davis,  Hendricks,  Powell,  Rich 
ardson — 5. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Dixon,  Doolittle,  Foot,  Foster,  Grimes,  Harlau,  Harris, 
Henderson,  Howard,  Howe,  Johnson,  Lane  of  Indiana,  Lane 
of  Kansas,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sumner, 
Ten  Eyck,  Van  Winkle,  Wilson— 26. 


ORDERS   ISSUED    BY    THE    SECRETARY    OF   WAR    IN 
ENFORCING    THE    DRAFT. 

The  Secretary  of  War,  in  executing  the  draft 
of  1862,  issued  these  orders  : 

WAR  DEPARTMENT,  WASHINGTON  CITY,  D.  C., 

August  8,  1862. 

Orders  to  prevent  the  evasion  of  military  duty  and  for  the 
suppression  of  disloyal  practices. 

First.  By  direction  of  the  President  of  the  United  States, 
it  is  hereby  ordered  that,  until  further  order,  no  citizen 
liable  to  be  drafted  into  the  militia  shall  be  allowed  to  go 
to  a  foreign  country,  and  all  marshals,  deputy  marshals, 
and  military  officers  of  the  United  States,  are  directed,  and 
all  police  authorities,  especially  at  the  ports  of  the  United 
States  on  I  he  seaboard  arid  on  the  frontier,  are  requested  to 
Bee  that  this  order  is  faithfully  carried  into  effect.  And 
they  are  hereby  authorized  and  directed  to  arrest  and  de 
tain  any  person  or  persons  about  to  depart  from  the  United 
States  in  violation  of  tliis  order,  and  report  to  Major  L.  C. 
Turner,  Judge  Advocate,  at  Washington  city,  for  lurther 
instruction  respecting  the  person  or  persons  so  arrested  and 
detained. 

Second.  Any  person  liable  to  draft  who  shall  absent  him 
self  from  his  county  or  State  before  such  draft  is  made,  will 
be  arrested  by  any  prov>st  marshal,  or  other  United  States 
or  State  officer,  wherever  he  may  be  found  within  the  juris 
diction  of  the  United  States,  and  conveyed  to  the  nearest 
military  post  or  depot,  and  placed  on  military  duty  for  the 
term  of  the  draft;  and  the  expenses  of  his  own  arrest  and 
conveyance  to  such  post  or  depot,  and  also  the  sum  of  five 
dollars  as  a  reward  to  the  officer  who  shall  make  such  ar 
rest,  shall  be  deducted  from  his  pay. 

Third.  The  writ  of  haieas  corpus  is  hereby  suspended  in 


respect  to  all  persons  arrested  and  detained,  an  1  in  respect 
to  all  persons  arrested  for  disloyal  practices. 

(Signed)  EDWIN  M.  STANTON, 

Secretary  of  War. 

WAR  DKPAKTMENT,  Washington  City,  Aug.  8 
Ordered—  First.  That  all  United  States  Marshals,  ;.nd 
superintendents,  and  chiefs  of  police  of  any  town,  city  or 
district,  be  and  they  are  hereby  authorized  and  directed  to 
arrest  and  imprison  any  person  or  persons  who  may  be  en 
gaged,  by  any  act  of  speech  or  writing,  in  discouraging 
volunteer  enlistments,  or  in  any  way  giving  aid  and  comfort 
to  the  enemy,  or  in  any  other  disloyal  practice  against  the 
United  States. 

Second.  That  immediate  report  be  made  to  Major  L.  C. 
Turner,  Judge  Advocate,  in  order  that  such  persons  may  be 
tried  before  a  military  commission. 

Third.  The  expenses  of  such  arrest  and  imprisonment 
will  be  certified  to  the  chief  clerk  of  the  War  Department 
for  settlement  and  payment. 

EDWIN  M.  STANTON, 
Secretary  of  War. 

WASHINGTON,  August  14. 

The  following  was  issued  to-day  from  the  War  Depart 
ment: 

ADDITIONAL  REGULATIONS    FOR    THE    ENROLLMENT  AND   DRAFT 
OF  THE  MILITIA. 

Ordered — Eighth — T/,at  in  filling  aii  reqtu^nons  for  mi- 
Mtia  the  quotas  of  the  several  States  will  be  apportioned 
bj  tjue  Governors  among  the  several  counties,  and  where 
practicable  among  the  subdivisions  of  counties,  so  that 
allowance  shall  be  made  to  such  counties  and  subdivision* 
for  all  volunteers  heretofore  furnished  by  them  and  mu.s- 
tered  i^ito  the  service  of  the  United  States,  and  whoa* 
stipulated  terms  of  service  shall  not  have  expired. 

(Signed)  E.  M.  STANTON, 

Secretary  of  War. 

WAR  DEPARTMENT, 
WASHINGTON,  September  7,  1862. 

INSTRUCTIONS  ,X>  VWIT£D  STATES  MARSHALS,  MILITARY  COM 
MANDANTS,  JKVV  )S1"  MARSHALS,  POLICE  OFFICERS,  SHERIFFS, 
ETC. 

The  qiiota  of  volunteers  and  enrollment  of  militia  having 
been  completed  in  tb*  several  States,  the  necessity  for  a 
stringent  enforcement  of  the  orders  of  the  War  Departnu-nt 
in  respect  to  volunteerirg  and  drafting  no  longer  exists. 
Arrests  for  violation  of  these  orders  and  for  disloyal  prac 
tices  will  hereafter  be  made  only  upon  express  warrant,  or 
by  direction  of  the  military  commanders  or  Governor  of  the 
State  in  which  such  arrests  may  be  made.  And  restrictions 
upon  travel  imposed  by  these  ordei*  are  rescinded. 
Ii.  C.  TURNER, 
Judge  Advocate.. 

THE   PRESIDENT'S   PROCLAMATION    RELATIVE  TO 
ALIENS. 

1863,  May  8 — The  PRESIDENT  issued  a  procla 
mation  relative  to  an  exemption  from  the  draft 
on  the  plea  of  alienage,  in  which  he  declar  s: 

Now,  therefore,  to  avoid  all  misapprehensiono  concerning 
the  liability  of  persona  concerned  to  perfor.n  the  service 
required  by  such  enactment,  and  to  give  it  full  effbct,  1  do 
hereby  order  and  proclaim  that  no  plea  of  alienage  will  be 
received,  or  allowed  to  exempt  from  the  obligations  iuij-ost'd 
by  the  aforesaid  act  of  Congress  any  person  of  foreign  lirth 
who  shall  have  declared  on  oath  his  intention  to  beconio  a 
citizen  of  the  United  States,  under  the  laws  thereof,  aij.i 
who  shall  be  found  within  the  United  States  at  any  tiuio 
during  the  continuance  of  the  present  insurrection  and  r<~ 
bellioQ,  at  or  after  the  expiration  of  the  period  of  bixty-live 
days  from  tho  date  of  this  proclamation ;  nor  shall  any  ^nrU 

Klea  of  alienage  be  allowed  in  favor  of  any  such  person  wh. 
as  so,  as  aforesaid,  declared  his  intention  to  become  a  ci*i- 
/eu  of  the  United  States,  and  shall  have  exercised  at  any 
time  the  right  of  suffrage,  or  any  other  political  franchiM 
within  the  United  States,  under  the  laws  thereof,  or  under 
the  laws  of  any  of  the  several  States. 

JUDICIAL  DECISIONS  UPON  THE  CONSTITUTIONALITY 
OF  THE  CONSCRIPTION  ACT. 

In  the  Circuit  Court  of  the  United  States  for 
the  (astern  district  of  Pennsylvania.  Judge 
Cadwalader  delivered  an  opinion  in  September, 
1863,  a  condensation  of  which  is  subjoined 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


273 


from  the  New  York  Tribune   of  September  11, 
18G3  : 

The  powers  conferred  by  the  Constitution  upon  Congress, 
to  raise  and  support  armies  arid  make  rules  for  their  gov 
eminent,  are  distinct  from  the  powers  which  are  conferred 
on  it  as  to  the  militia  of  the  respective  States.  Until  the 
act  in  question,  the  national  armies  had  been  raised  by  vol 
untary  enlistment.  The;  system  of  enrollment  and  draft 
had  long  boon  matured  as  to  the  militia  of  the  States.  But 
until  the  summer  of  1SC2  the  utmost  penalty  for  not  serv 
ing  when  drafted  from  such  militia  for  the  service  of  the 
United  States  bad  been  pecuniary,  with  limited  imprison 
ment  for  non-payment.  The  act  of  Congress  of  17th  July, 
1862,  authorized  impressment  into  the  military  service  of 
the  United  States  of  those  persons  drafted  from  the  militia 
under  that  act,  who,  when  ordered  to  attend  at  the  place  of 
muster,  disobeyed. 

The  specific  power  of  impressment  had  not  been  previ 
ously  conferred.  But,  under  the  former  system,  though  the 
fine  for  not  serving  had,  when  received,  been  considered  an 
equivalent  for  service,  the  payment  had  nevertheless  been 
enforced,  or  the  penalty  of  imprisonment  inflicted  by  courts- 
martial  when  the  money  was  not  otherwise  collected.  The 
constitutionality  of  this  former  jurisdiction  of  courts-mar 
tial  may  be  considered  as  established.  (5  Wheaton  1.)  It 
would  not  have  been  constitutlonnl  if  disobedience  to  attend 
at  a  place  of  muster  had  not  been  a  military  ofl'ence.  Con 
gress,  unless  it  had  the  power  of  absolutely  subjecting  a 
drafted  person  to  military  rule  from  the  time  of  the  draft, 
could  not  have  thus  made  his  disobedience  before  he  was 
mustered  into  service  a  military  ofl'ence. 

The  act  of  Congress  of  1795,  which  fixed  the  time  of 
arrival  at  the  place  of  rendezvous  as  the  period  of  the  com 
mencement  of  the  military  service,  might  constitutionally, 
in  the  opinion  of  the  Supreme  Court,  have  made  the  time 
of  draft  the  period.  (5  Wheaton,  17, 18,  30,  and  see  pp.  36, 
37,  56,  64,  65.)  The  constitutionality  of  the  act  of  17th  July, 
1862,  when  the  question  was  considered  here  in  March  last, 
in  McCall's  case,  appeared  therefore  to  be  established  by 
authority.  If  the  question  had  been  thought  an  open  one, 
the  same  view  of  the  effect  of  the  Constitution  would  have 
been  taken. 

The  act  of  3d  of  March,  1863,  has  adopted  a  like  system 
on  an  exten.led  scale,  for  the  purpose  of  raising  national 
armies  independently  of  the  militia  of  the  States.  Under 
the  former  laws  which  have  been  mentioned,  a  question 
such  as  that  now  under  consideration  could  not  arise.  The 
question  under  those  laws  could  only  have  been  that  of  a 
military  court's  exercise  of  jurisdiction  over  a  person  who 
having  been  lawfully  drafted  already  owed  military  service. 
There  could  not  have  been  any  dispute  that  the  primary 
question  whether  he  had  been  lawfully  drafted  or  was 
liable  to  serve,  was  open  to  decision  by  the  ordinary  tribu 
nals  under  a  writ  of  habcMS  corjms.  Here,  however,  the 
question  is  whether  a  military  commission  can  so  decide  the 
original  question  of  liability  to  serve  as  absolutely  as  to 
deprive  all  other  tribunals  of  cognizance  of  it. 

The  enactments  of  the  law  in  question  are  not  so  ar 
ranged  that  its  provisions  for  the  preparatory  enrollment, 
and  those  for  the  draft,  are  always  separated.  They  must 
however,  be  kept  distinct  when  they  are  considered  with 
reference  to  the  Constitution.  The  most  unlimited  system 
of  mere  enrollment  could  not  be  constitutionally  objec 
tionable. 

But  a  system  of  drafting  might  be  arbitrary  and  latitu- 
diuarian  to  such  an  extent  as  to  encroach  upon  constitu 
tional  rights.  *****  The  constitutional  authority 
to  enact  the  law  which  is  under  consideration  was  derived 
exclusively  from  the  power  to  raise  armies.  It  cannot  be 
enlarged  under  the  authority  which  the  Constitution  also 
confers  to  make  all  laws  necessary  and  proper  for  carrying 
the  powers  delegated,  this  one  included,  into  execution. 

After  citing  the  provision  of  the  act,  the 
(judge  says  : 

This  review  of  the  principal  enactment  of  the  law  suffices 
to  indicate  its  general  purposes.  The  organization  of  armies 
under  it  is  to  cease  on  the  termination  of  the  civil  war,  for 
whose  exigencies  it  provides;  and  the  term  of  service  of 
those  drafted  tinder  it  cannot  exceed  three  years,  though 
the  war  should  continue  longer.  Such  limitations  of  the 
time  would  have  prevented  the  compulsory  requirement  of 
military  service  from  being  unconstitutional,  though  it  had 
Included  every  able-bodied  male  inhabitant. 

(From  the  Illinois  State  Journal  of  June  17, 1864.] 

THE  CONSTITUTIONALITY  OF  THE  ENROLLMENT  ACT  AFFIRMED. 

In  the  United  States  Circuit  Court,  Judges  David  Davis 
and  S.  II.  Treat  upon  the  bench,  an  import uit decision  was 
rendered  on  the  15th  instant.  It  was  on  a  motion  to  quash 
the  indictment  in  the  case  of  "The  United  States  agt.  John 
ttraham  and  others,"  for  resistance  to  the  enrollment  in 
18 


Fulton  county  last  summer.  The  case  was  ably  argued  for 
the  prosecution  by  Messrs.  Lawrence  Weldon  and  W.  H. 
Herndon,  and  by  Messrs.  Judd  and  James  for  the  defence. 
The  court  rendered  a  decision  affirming  the  constitution 
ality  of  the  enrollment  act,  based  upon  the  provision  of  the 
Constitution  empowering  Congress  to  raise  and  equip 
armies.  This  is  the  first  decision  under  the  enrollment  act 
rendered  in  this  State,  and  is  therefore  important.  I  he 
motion  to  quash  the  indictment  was  granted, on  the  ground 
that  the  punishment  of  the  particular  class  of  offenders 
charged  was  not  specifically  provided  for  in  the  act  of  July. 
1863.  It  was  admitted,  however,  that  the  act  as  amended 
by  the  act  of  February,  1864,  covers  the  whole  point,  and 
that,  as  the  law  now  stands,  resistance  to  the  enrollment  is 
liable  to  the  severest  penalties.  The  decision  was  ren 
dered  by  Judge  Treat,  Judge  Davis  concurring. 

THE  TWO  DECISIONS  OF   THE  SUPREME  COURT  OF  PENNSYLVANIA. 

A  majority  of  the  judges  of  the  Supreme 
Court  of  Pennsylvania,  as  constituted  in  No 
vember,  1863,  pronounced  the  enrollment  law 
unconstitutional.  Chief  Ju  tice  Lowrie  and 
Justices  George  W.  Woodward  and  James 
Thompson  concurred  in  this  judgment,  and  Jus 
tices  William  Strong  and  John  M.  Read  dis 
sented.  These  points  are  covered  by  the  de 
cision  : 

1.  The  Constitution  of  the  United  States  recognizes  only 
two  sorts  of  military  land  forces,  viz.,  "  the  militia,''  and 
the  "  regular  or  standing  army." 

2.  The  conscription  act  of  March  3,  1863,  is  not  founded 
on  that  clause  of  the  Constitution  which  provides  for  call 
ing  forth  the  militia,  because  the  persons  drafted  under  the 
act  are  not  to  be  armed,  organized,  and  disciplined  under 
the  militia  law,  nor  are  they  called  forth  under  State  offi 
cers,  as  required  by  the  Constitution. 

3.  There  is  no  power  given  to  recruit  the  regular  Army 
by  forced  levies.    This  can  only  be  done  by  voluntary  en 
listments. 

4.  The  mode  of  "  raising  armies"  by  forced  recruiting  for 
the  suppression  of  rebellion  or  insurrection  is  not  author 
ized  by  the  Constitution,  because  such  cases  are  expressly 
provided  for  by  the  power  therein  given  for  calling  out  the 
dormant  forces,  or  militia. 

5.  The  Constitution  authorizes  levies  of  the  "  militia  of 
the  States"  in  its  organized  form  in  cases  of  rebellion  and 
invasion,  but  in  no  other  case  or  mode  than  is  therein  pro 
vided. 

6.  The  mode  of  coercion  provided  for  this  purpose  by  the 
act  of  March  3, 18C2,  is  unconstitutional,  because 

(1.)  It  is  incompatible  with  the  provisions  of  the  Consti 
tution  relative  to  the  militia. 

(2.)  It  exhausts  the  militia  force  of  the  several  States, 
which  existed  as  an  institution  before  the  formation  of  tho 
Federal  Government,  and  was  not  only  not  granted  away 
but  expressly  reserved  at  thy  formation  of  the  Constitution ; 
annuls  the  remedy  for  insurrection  expressly  provided  by 
the  Constitution,  and  substitutes  a  new  one  not  therein 
provided  for ;  and  converts  into  national  forces  as  part  of 
the  regular  army  of  the  General  Government  the  whole 
militia  force  of  the  States,  not  on  the  contingency  th<  rein 
provided  for  nor  in  the  form  therein  prescribed,  but  entirely 
irrespective  thereof. 

(3.)  It  incorporates  into  this  new  national  force  every 
civil  officer  of  the  State  except  the  Governor,  and  every  offi 
cer  of  its  social  institutions  and  military  organization  within 
the  prescribed  age,  thus  subjecting  the  civil,  social,  and 
military  organizations  of  the  States  to  the  Federal  power  to 
"  raise  armies." 

(4.)  It  provides  for  a  thorough  fusion  of  the  army  and  the 
militia,  two  forces  which  are  kept  distinct  by  the  Constitu 
tion,  by  investing  the  President  with  power  to  assign  the 
soldiers  obtained  by  the  draft  to  any  corps,  regiment,  or 
branch  of  service  at  his  pleasure. 

(5.)  It  subjects  the  citi/en  to  the  rules  and  articles  of  war 
before  he  is  in  "  actual  service,"  and  proposes  to  effect  thia 
purpose  by  merely  drawing  his  name  from  a  wheel  and 
serving  notice  of  that  fact  upon  him. 

The  key-note  of  Judge  Woodward's  opinion 
is  this  paragraph  : 

The  great  vice  of  the  conscript  law  is,  that  it  is  founded 
on  an  assumption  thut  Congress  may  take  away,  not  tho 
State  rights  of  the  citizen,  but  the  security  and  foundation 
of  his  State  rights.  And  how  long  is  c  ivil  liberty  expected 
to  last,  after  the  securities  of  civil  liberty  are  destroyed? 
The  Constitution  of  the  United  States  committed  the  liber 
ties  of  the  citizen  in  part  to  tho  Federal  Government  but 
expressly  reserved  to  the  States,  and  the  people  of  the 
States,  all  it  did  not  delegate.  It  gave  the  General  Govern- 


274 


LEGISLATION,    ORDERS,    PROCLAMATIONS,   ETC. 


mf-nt  a  standing  army,  but  left  to  the  States  their  militia,  the  attention  of  the  General  Government  at  Wartn.pton 
Its  purposes  in  all  this  balancing  of  powers  were  wise  and  to  the  errors  in  the  apportionment  of  the  quota  of  thisStaU 
cood.  but  this  legislation  disregards  those  distinctions  and  under  the  enrollment  act  of  3d  March,  Ihto.and  t 


good,  but  this  legislation  disregards  those  distinc 
upturns  the  whole  system  of  government  when  it  converts 
the  State  militia  into  "  National  forces,"  and  claims  to  use 
and  govern  them  as  such. 

Chief  Justice  Lowrie  and  Justice  Thompson 
elaborate  the  same  point. 

1864,  Jan   16 — The  same  court,  then  differently 
constituted  by  the  defeat  of  Chief  Justice  Low- 


prompt  and  efficient  efforts  in  procuring  a  correction  of  the 
same. 

OKNERAL  M'CLELLAN  URGED  A  DRAFT  IN  1861. 

Soon  after  General  McClellan  assumed  com 
mand  of  the  army,  succeeding  General  Scott, 
he  wrote  this  letter  to  the  President: 


New  York  and  elsewhere,  and  that,  if  it  is  not  proceeding 
with  great  rapidity,  drafts  to  he  made  at  once.    We  must 


have  men  w 


•iipidi' 
ithou 


t  delay. 


rie  at  the  October  election  and  the  choice    of  |  WASHINGTON,  Awjust  20, 1861. 

Daniel    Agnew,   directed    the  orders   granted  in        SIR:  1  have  just  received  the  inclosed  dispatch  in  cipher 
the  cases  heard  in  November  to  be  vacated,  and  j  Colonel  Marcy  knows  what  he  nays,  mid  is  of ;  the  r.,,,i«*t 
affirming    the    constitutionality  of  the   enroll- j|ufj 
inent  act,  overruled  the  motions  for  injunctions 
to  res»rain  certain  provost  marshals  from    pro 
ceeding  with  the  enrollment  and  draft.    Messrs. 
Strong,  Read  and  Agnew  constituted  the  major 
ity,    and    Woodward   and   Thompson   the  mi 
nority. 

Justice  Agnew  clos-ed  his  opinion  with  sta 
ting  these  conclusions  : 

The  constitutional  authority  to  use  the  national  forces 
creates  a  corresponding  duty  to  provide  a  number  ade 
quate  to  the  necessity.  The  duty  is  vital  and  essential, 
falling  back  on  the  fundamental  right  of  self-preservation, 
and  the  powers  expressed  to  declare  war,  raise  armies, 
maintain  navies,  and  provide  for  the  common  defence. 
Power  and  duty  now  go  hand  in  hand  with  the  extremity 
until  every  available  man  in  the  nation  is  called  into  ser 
vice,  if  the  emergency  requires  it,  and  op  this  there  can  be 
no  judge  but  Congress. 

They  may  proceed,  therefore,  to  the  exhaustion  of  the 
whole  clement  from  which  the  State  draws  its  militia,  for 
the  people  under  the  two  poweis,  are  the  same  ;  while  the 
supremacy  of  the  national  power,  provided  in  section  2  of 
article  6,  necessarily  draws  to  itself  the  whole  number,  if 
required  by  the  exigency,  to  the  exclusion  of  the  State 

And  in  reason  why  should  a  major  power  be  restricted 
by  a  minor  ?  The  power  to  raise  armies  comprehends  for 
its  purposes  the  whole  scope  of  the  purposes  of  armies, 
while  the  authority  to  call  out  the  militia  is  confined  to  the 
enumerated  three. 

But  it  is  a  mistake  in  fact  to  say  this  case  exhausts  the 
militia  It  enrolls  probably  all ;  for  how  can  any  bo  dratt 
ed  without  all  be  known  V  But  the  dr.ift  is  confined  to  so 
nvuiv  as  are  needed  for  the  emergency,  while  the  others 
remain  in  the  militia.  And  if  you  deny  the  power  to  re 
peat  tho  draft,  what  is  that  but  to  say  your  force  shall  not 
increase  with  the  necessity  ? 

Nor  is  it  true  that  the  enrollment  under  this  law  exnausts 
the  militia.  Neither  the  law  of  Congress,  nor  the  laws  ot 
the  States,  so  far  as  we  know  them,  have  enrolled  all  able 
bodied  men  capable  of  militia  duty.  A  wide  margin  yet 
exists  in  tho  law  of  the  nation  ;  but  we  do  hear  of  this 
margin  being  written  all  over  in  the  seceded  States. 

As  to  the  objection  to   the  13th  section,  providing   the 


Respectfully  your  obedient  .servant. 

GEORGE  B.  McCLELLAN,  Maj.  Gen.  U.  S.A. 

DISPATCH   FROM  COL.  R.   B.  MARCY  TO  GENERAL  MCCLELLAN. 

NEW  YORK,  August  20,  1«61. 

1  urge  upon  you  to  make  a  positive  and  unconditional  de 
mand  for  an  immediate  draft  of  the  additional  troops  yon 
require.  Men  will  not  volunteer  now,  and  drafting  is  the 
only  successful  plan.  The  people  will  applaud  such  a  course, 
rely  upon  it.  I  will  be  in  Washington  to-morrow. 

R.  B.  MARCY. 


Colored  Soldiers. 
Second  Session,  Thirty-Seventh  Congress. 

1862,  July  17 — These  provisions  became  law: 
That  the  President  be,  and  he  is  hereby,  authorized  to^ 
eceive  into  the  service  of  the  United  States,  for  the  puq>ose' 
f  constructing  intrenchments,  or  performing  camp  ser- 
ice,  or  any  other  labor,  or  any  military  or  naval  service  for 
which  they  may  be  found  competent,  persons  of  African  de- 
Cent;  and  such  persons  shall  be  enrolled  and  organized 
ruler  such  regulations,  not  inconsistent  with  the  Coustitu- 
011  and  laws,  as  the  President  may  prescribe. 

That  when  any  man  or  boy  of  African  descent,  who  by 
he  laws  of  any  State  shall  owe  service  or  labor  to  any  per- 
ou  who, during  the  present  rebellion,  has  levied  war  or  has 
orne  arms  against  tho  United  States,  or  adhered  to  their 
nemies  by  giving  them  aid  and  comfort,  shall  render  any 
uch  service  as  is  provided  for  in  thia  act,  he,  his  mother, 
nd  his  wife  and  children  shall  forever  thereafter  be  free, 
iiiy  law,  usage,  or  custom  whatsoever  to  the  contrary  not 
withstanding :  Prmidfd,  That  the  mother,  wife  and  child- 
en  of  such  man  or  boy  of  African  descent  shall  not  bo 
made  free  by  the  operal  ion  of  this  act  except  where  such 
mother,  wife  or  children  owe  service  or  labor  to  some  per- 
011  who,  during  the  present  rebellion,  has  borne  arms 
gainst  the  United  States  or  adhered  to  their  enemies  by 
giving  them  aid  and  comfort. 

That  the  expenses  incurred  to  carry  this  act  into  effect 


punishment  ot  desertion  for  those  who  fail  to  appear,  it  is 
only  necessary  to  say,  we  cannot  presume  the  complanian 
will  beguilty  of  failing  to  perform  his  legal  duty  subse 
quent  to  the  draft,  when  he  finds  the  law  valid  whicl 
drafts  him.  Ho  asks  us  to  relievo  him  from  the  draft,  no 
from  a  military  trial  for  misconduct.  Whenever  ho  chooses 
to  incur  tho  proposed  penalty  for  disobeying  a  valid  law,! 
will  be  in  timo  for  the  proper  tribunal  to  arrest  an  illega 
mode  of  punishment. 

The  question  of  jurisdiction  is  unnecessary  to  a  decisioi 
The  point  is  too  important,  the  cases  too  numerous,  and  th 
labor  too  great.    It  should  therefore  be  left  for  a  decision 
when  it  shall  have  to  be  mot. 

For  all  these  reasons  I  concur  in  rescinding  the  order  f 
a  preliminary  injunction. 

GOVERNOR  SEYMOUR  AND  THE  DRAFT. 

The  result  of  the  repeated  conferences  betwee 
the  State  authorities  of  New  York  and  the  Wa 
Department,  was  to  ascertain  that  the  State  hat 
been  called  to  furnish  12,533  men  more  tha 
her  quota;  and  the  House  of  Representatives  o 
that  State,  during  its  late  session,  passed  thi 
resolution  : 

Resolved.  That  the  thanks  of  this  House  be  and  ore  her 
oy  tendered  to  his  Excellency  Governor  Seymour  for  calhn 


shall  be  paid  out  of  tlu  general  appropriation  lor  the  army 
and  volunteers. 

That  all  persons  who  have  been  or  shall  be  hereafter  on- 
rolled  in  the  service  of  the  United  States  under  this  act 
shall  receive  the  pay  and  rations  now  allowed  by  law  to 
soldiers,  according  to  their  respective  grades:  Provided, 
That  persons  of  African  descent,  who  under  this  law  shall 
bo  employed,  shall  receive  ten  dollars  per  month  and  one 
ration,  three  dollars  of  which  monthly  pay  may  be  in 
clothing. 

18G3,  May  3— Section  10  of  the  Engineer  bill 
provides  that  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized  to  cause  to 
be  enlisted,  for  each  cook,  two  under-cooks,  of 
African  descent,  who  shall  receive  for  their 
full  compensation  ten  dollars  per  month,  and 
one  ration  per  day — three  dollars  of  said  month 
ly  pay  may  be  in  clothing. 

18G3,  March  3 — Includes  all  able-bodied 
males. 

1864,  Feb.  24 — (Section  24)  directs  that  all 
able-bodied  male  colored  persons  between 
twenty  and  forty-five,  resident  in  the  United 
States,  shall  be  enrolled  and  form  part  of  the 
national  forces.  When  a  slave  of  a  loyal  mas 
ter  shall  be  drafted,  his  muster  shall  have  a 


LEGISLATION,   ORDERS,   PROCLAMATIONS,   ETC. 


275 


certificate  and  the  bounty  of  $100  and  the  slave 
shall  be  free.  [For  whole  section,  and  for  other 
votes  ou  colored  soldiers,  see  other  pages.] 

IN  SENATE. 

Pending  the  consideration  of  the  bill  of  1862, 

1862,  July  10— Mr.  DAVIS,  of  Kentucky, 
moved  to  strike  out  the  words  "  or  any  mili 
tary  or  naval  service  for  which  they  may  be 
found  competent;"  which  was  rejected — yeas 
11,  nays  2*7,  as  follows  : 

YEAS— Messrs.  Carlile,  Cowan,  Davis,  Henderson,  Ken 
nedy  Powell,  Saulsbury,  Stark,  Willey,  Wilson  of  Missouri, 
Wright— II. 

NAYS— Messrs.  Anthony,  Browning:,  Chandler,  Clark,  Col- 
lamer,  Doolittle,  Fessenden,  Foot,  Grimes,  Hale,  Harlan, 
Harris,  Howard,  Kins,  Lane  of  Indiana,  Lane  of  Kansas, 
Morrill,  Pomeroy,  Rice.  Sherman,  Simmons,  Sumncr,  Ten 
Eyck,  Trumbull,  Wade,  Wilkinson,  Wilson  of  Massachu 
setts— 27. 

Mr  HENDERSON  moved  to  limit  the  section  to 
"free"  persons  of  African  descent,  and  to 
"  such  persons  of  African  descent  as  may  owe 
service  or  labor  to  persons  engaged  in  the  re 
bellion  ;"  which  was  negatived — yeas  13,  nays 
22,  as  follows  : 

YEAS — Messrs.  Anthony,  Browning,  Cowan,  Davis,  Hender- 
Bon,  Lane  of  Indiana,  McDougall,  Powell,  Rice,  Stark,  Wil 
ley,  Wilson  of  Missouri,  Wright— 13. 

NATS— Messrs.  Chandler,  Clark,  Collamer,  Doolittle,  Fes 
senden,  Foot,  Grimes,  Hale,  Harlan,  Harris,  Howard,  King, 
Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman,  Simmons, 
Sumner,  Trumbull,  Wilkinson,  Wilmot,  Wilson  of  Massa 
chusetts— 22. 

Mr.  HENDERSON  moved  to  add  the  following  : 

Provided,  That  all  loyal  persons  entitled  to  the  service 
or  labor  of  such  persons,  according  to  the  laws  of  the  State 
in  which  the  owner  of  such  slave  may  reside,  employed 
under  the  provisions  of  this  act,  shall  be  compensated  for 
the  loss  of  such  service. 

Which  was  agreed  to — yeas  20,  nays  I1?,  as 
follows : 

YEAS— Messrs.  Anthony,  Browning,  Collamer,  Cowan, 
Davis,  Doolittle,  Foot,  Foster,  Harlan,  Henderson,  Howe, 
Lane  of  Indiana,  McDougall,  Powell,  Simmons,  Stark,  Ten 
Eyck:  Wilk-y,  Wilson  of  Missouri,  Wright— 20. 

NAYS — Messrs.  Chandler,  Clark,  Fessenden,  Grimes,  Hale, 
Harris,  Howard,  King,  Lane  of  Kansas,  Morrill,  Pomeroy, 
Sherman,  Sumner,  Trumbull,  Wilkinson,  Wilmot,  Wilson  of 
Massachusetts — 17. 

Mr.  LANE,  of  Kansas,  moved  to  amend  the 
section  by  "directing"  as  well  as  "authoriz 
ing  "  the  President  to  receive  into  the  service, 
&c.,  which  was  rejected. 

Mr  SHERMAN  moved  to  amend  by  making  the 
section  read — 

That  when  any  man  or  boy  of  African  descent,  who  by 
the  laws  of  uny  State  shall  owe  service  or  labor  to  any  per- 
eon  who,  during  the  present  rebellion,  has  levied  war  or 
borne  urms  apinst  the  United  States,  or  adhered  to  their 
enemies  by  giving  thorn  aid  and  comfort,  shall  render  any 
such  service  as  is  provided  for  in  the  first  section  of  this  act, 
he,  his  mother,  and  his  wife  and  children  shall  forever 
thereafter  be  free,  any  law,  usage,  or  custom  whatsoever  to 
the  contrary  notwithstanding. 

Which  was  agreed  to — yeas  22,  nays  16,  as 
follows : 

YEAS  —  Messrs.  Anthony,  Browning,  Collamer,  Cowan, 
Darix,  Doolittle,  Foster,  Harris,  Henderson,  Howard,  Howe, 
Kennedy,  Lane  of  Indiana,  McDougall,  Rice,  Sherman 
Simmons,  Stark.  Ten  Eyck,  Willey,  Wilson  of  Missouri, 
Wntjld— 22. 

NAY*— Messrs.  Chandler,  Clark,  Foot,  Grimes,  Hale,  Har 
lan,  King,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sumner, 
Trumbull,  Wade,  Wilkinson,  Wilmot,  Wilson  of  Mass— 16. 

The  bill  was  then  dropped,  and,  July  14, 
Mr.  WILSON  reported  a  bill  to  amend  the  act 
calling  forth  the  mi'itia,  containing  the  pro 
visions  which  were  finally  passed,  and  provid 


ing  that  when  any  man  or  boy  of  African 
descent  shall  render  any  such  service,  he,  his 
mother,  and  his  wife  and  children  are  forever 
thereafter  to  be  free.  July  15, 

Mr.  BROWNING  moved  to  strike  out  the  clause 
iberating  the  mother,  wife,  and  children;  which 
was  negatived — yeas  17,  nays  20  : 

YEAS — Messrs.  Browning,  Collamer,  Cowan,  Davis,  Doo- 
ittle,  Foster,  Harris,  Henderson,  Lane  of  Indiana,  Powell, 
Rice  Snulsbury,  Sherman,  Stark,  Ten  Eyck,  Wilson  of 
Missouri,  Wright— IT. 

NAYS — Messrs.  Chandler,  Clark,  Fessenden,  Foot,  Grimes, 
Hale,  Harlan,  Howard,  Howe,  King,  Lane  of  Kansas,  Mor 
rill,  Pomeroy,  Simmons.  Sumner,  Trumbull,  Wade,  Wilkin 
son,  Wilmot,  Wilson  of  Massaclffeetts— LO. 

Mr.  BROWNINQ  moved  to  limit  the  liberation 
of  the  mother,  wife,  and  children  to  cases  in 
which  the  owner  has  borne  arms  against  the 
United  States  or  adhered  to  their  enemies,  by 
giving  them  aid  and  comfort;  which  was  agreed 
to — yeas  21,  nays  16,  as  follows: 

YEAS — Messrs.  Browning,  Collampr,  Cowan,  Davis,  Doo 
little,  Fessenden,  Foster,  Harris,  Henderson,  Kennedy,  Lane 
of  Indiana,  Powell,  Rice,  Saulsbury,  Sherman,  Simmons, 
Stark,  Ten  Eyck,  Willey,  Wilson  of  Missouri,  Wright— 21. 

NAYS— Messrs.  Chandler,  Clark,  Foot,  Grimes,  Hale,  Har 
lan,  Howard,  Howe,  King,  Lane  of  Kansas,  Sumner,  Trum 
bull,  Wade,  Wilkinson,  Wilmot,  Wilson  of  Massachusetts— 
16. 

The  bill  was  passed — yeas  28,  nays  9,  (Bay 
ard,  Carlile,  Davis,  Kennedy,  Powell,  Saulsbury , 
Stark,  Willey,  Wilson  of  Missouri.) 

1862,  May  16 — Pending  the  consideration  of 
a  bill  to  suppress  insurrection  and  to  punish 
treason  and  rebellion, 

Mr  DAVIS  moved  to  strike  from  the  first  sec 
tion  the  words  "  and  all  his  slaves,  if  any,  shall 
be  declared  and  made  free,"  and  make  the  im 
prisonment  not  less  than  five  nor  more  than 
twenty  years  ;  which  was  rejected — yeas  7, 
nays  31,  as  follows  : 

YEAS — Messrs.  Davis,  McDougall,  Pearce,  Powell,  Sauls- 
bury,  Stark,  Wilson  of  Missouri — 7. 

NAYS— Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col 
lamer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster, 
Grimes,  Harris,  Henderson,  Howard,  Howe,  King,  Lane  of 
Indiana,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman,  Sim 
mons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Willey,  \Vilmot, 
Wilson  of  Massachusetts,  Wright— 31. 

May  19 — Mr.  POWELL  moved  to  strike  out  the 
eleventh  section  : 

That  the  President  of  the  United  States  is  authorized  to 
employ  as  many  persons  of  African  descent  as  he  may  deem 
necessary  and  proper  for  the  suppression  of  this  rebellion, 
and  for  this  purpose  he  may  organize  and  use  them  in  such 
manner  as  he  may  judge  best  for  the  public  welfare. 

Which  was  rejected — yeas  11,    nays    25,    as 

follows: 

YEAS — Messrs.  Carlile,  Davis,  Henderson,  Latham,  Pearce, 
Powell.  Saulsbury,  Stark,  Willev,  Wilson  of  Missouri,  Wrinht 
—11. 

NAYS  —  Messrs.  Anthony,  Browning,  Clark,  Collamer, 
Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Harlan,  Harris,  Howard,  Howe,  Lane  of  Kansas,  Pomeroy, 
Sherman,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
Wilmot,  Wilson  of  Massachusetts— 25. 

The  bill  did  not  get  to  a  final  vote. 
IN  HOUSE. 

July  16 — The  Senate  bill  quoted  above  was 
taken  up,  when 

Mr.  HOLMAN  moved  that  it  do  lie  upon  the 
table,  which  was  negatived — yeas  30,  nays  77, 
as  follows  : 

YEAS — Messrs.  William  Allen,  William  J.  Allen,  Biddlc, 
Calwrt,  C'lnnrntt,  CoLb,  Cox,  Crisfield,  Dunlap,  Fouke,  Gri- 
do'j  Hull,  Herding,  Holman,  Kerrigan,  Knapp,  Law,  Lazrar, 
Mallt.ry,  May,  Miiynurd,  Mauiei,  2'endleion,  John  S.  Phel^st 


276 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


ShitJ.   John  B.  SteeJe,    William  G.  Steele,  Stiles.  Webster, 
Wickliffe— 3Q. 

NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Baxter,  Beaman,Bingham,  Samuel  S.  Blair,  Blake,  Buffinton, 
Campbell,  Col  fax,  Roscoe  Conkling,  Cutler,  Davis,  Dawes, 
Duell,  Dunn,  Edwards,  Ely,  Fenton,  Fessenden,  Frank, 
Goodwin,  Granger,  Hai/ht,lla]t\  Hanchett,  Hooper,  Julian, 
Kelley,  Francis  W.  Kellogg,  William  Kellogg,  Leary,  Loomis, 
Lovejoy,  Low,  McKnight,  McPlierson,  Moorhead,  Anson  P. 
Morrill,  Justin  S.  Morrill,  Nixon,  Nodi,  Olin,  Patton,  Timo 
thy  G.  Phelps,  Pike,  Porter,  Potter,  Alexander  II.  Rice, 
John  II.  llice,  Riddle,  Edward  II.  Rollins,  Sargent,  Sedg- 
wick,  Shanks,  Shellabarger,  Sherman,  Smith,  Spaulding, 
Stevens,  Stratton,  Benjamin  F.  Thomas,  Train,  Trimble, 
Trowbridge,  Van  Horn,  Verree,  Wall,  Wallace,  Walton, 
Ward,  Wilson,  Windom,  Worcester — 77. 

The  bill  then  passed. 

OTHER    PROCEEDINGS    ON    THIS    SUBJECT. 

Third  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

1863,  January  27 — Mr.  STEVENS  offered  a  bill 
for  the  enlistment  of  150,000  soldiers,  persons 
of  color  or  of  African  descent,  to  serve  for  five 
years,  and  to  receive  a  bounty  of  $5,  and  pay 
at  the  rate  of  $10  per  month,  recruiting  sta 
tions  to  be  established  in  free  or  slave  States, 
regimental  officers  to  be  white,  company  officers 
white  or  colored  as  the  President  may  direct. 
Slaves  and  freemen  may  be  enlisted :  such  per 
sons  shall  never  again  be  slaves  but  the  United 
States  shall  pay  for  such  of  them  as  belong  to 
persons  not  disloyal. 

Mr.  HICKMAN  offered  a  substitute  authorizing 
the  organization  of  three  hundred  colored  regi 
ments  to  be  uniformed  in  a  special  and  marked 
manner,  to  serve  for  seven  years,  at  a  monthly 
pay  of  $6  50,  one  half  to  be  retained  till  dis 
charged — their  officers  to  be  of  collegiate  edu 
cation  and  receive  twice  the  pay  of  other  offi 
cers.  The  bill  contained  a  colonization  feature, 
and  appropriated  the  proceeds  of  confiscation 
to  be  applied  to  educational  purposes  in  the 
States  in  which  the  property  confiscated,  lies. 

The  bill  was  repeatedly  before  the  House,  was 
severely  "  filibustered,"  and  was  finally  modi 
fied  by  Mr.  STEVENS  to  read  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  President  be,  and  he  is  hereby,  authorized  to  en 
roll,  arm,  equip,  and  receive  into  the  land  and  naval  service 
of  the  United  States,  such  number  of  volunteers  of  African 
descent  as  he  may  deem  useful  to  suppress  the  present  re 
bellion,  for  such  term  of  service  as  he  may  prescribe,  not 
exceeding  five  years.  The  said  volunteers  to  be  organized 
according  to  the  regulations  of  the  branch  of  service  in 
which  they  may  be  enlisted,  to  receive  the  same  rations, 
clothing,  and  equipments  as  other  volunteers,  andamonthly 
pay  not  to  exceed  that  of  other  volunteers;  to  be  officered 
by  persons  appointed  and  commissioned  by  the  President, 
and  to  be  governed  by  the  rules  and  articles  of  war  and 
Kiich  other  rules  and  regulations  as  may  be  prescribed  by 
the  President:  Prm-ided,  That  nothing  herein  contained,  or 
in  the  rules  ami  articles  of  war,  shall  be  so  construed  as  to 
author!//!  or  permit  any  officer  of  African  descent  to  be  ap 
pointed  to  rank,  or  to  exercise  military  or  naval  authority 
over  white  officers,  soldiers,  or  men  in  the  military  or  naval 
8(  rvice  of  the  United  States;  nor  shall  any  greater  pay  than 
ten  dollars  per  month,  with  the  usual  allowance  of  clothing 
and  rations,  be  allowed  or  paid  to  privates  or  laborers  of 
African  descent  which  are,  or  may  be,  in  the  military  or 
naval  service  of  the  United  States:  Provided,  fur  liter,  That 
(he  slaves  of  loyal  citizens  in  the  States  exempt  by  the 
President's  proclamation  of  January  1,  1863,  shall  not  be 
received  into  the  nrniurt  service  of  the  United  States,  nor 
shall  there  be  recruiting  offices  opened  in  either  of  the 
States  of  Delaware,  Maryland,  West  Virginia,  Kentucky, 
Tennessee,  or  Missouri,  without  the  consent  of  the  Gover 
nor  of  said  State  having  been  first  obtained. 

February  2 — It  passed  the  House — yeas  85, 
nays  57.     The  NAYS  were — 
NAYS— Messrs.  William  Allen,  William  J.  Allen,  Anama, 


Baily,  Bvhlh.  Jacob  B.  Blair,  Citlwrt,  Clements,  Cobb,  Cnr, 
Cravens,  C'risfid>!.  Crif.ten</,-H,  !>•  l<i]>l<iine,  Granger,  Grider, 
llui'jht,  Hale,  Hall,  JIardiiia,  Jfarrison,  Holman,  Horton, 
Johnson,  William  Kellogg,  Kerrigan,  Law,  Lazear,  Leary, 
Mullori/,  May,  Maynard,  Menzief,  Morris,  Xolle,  Norton, 
Odt-U,  J'endleton,  Perry,  Price,  Robinson,  Jaws  S.  Rollins, 
Shfcl,  Stiles,  Benjamin'  F.  Thomas.  Francis  Thomas,  Valla/i- 
diaham,  Vibbard,  Wadsworth,  Webster,  Whaley.  Chilt'm 
A.  White,  Wickliffe,  Wood,  Woodruff,  Wright,  Vcaman—bl. 

February  13 — The  Senate  Committee  reported 
adversely  to  its  passage. 

IN  SENATE. 
Pending  the  engineer  bill, 
March  2 — Mr.  DAVIS  offered  this  new  section: 

That  no  negro,  free  or  slave,  shall  he  enrolled  in  the  mili 
tary,  marine,  or  naval  service  of  the  United  States. 

Which  was  not  agreed  to — yeas  12,  nays  23, 
as  follows : 

YEAS — Messrs.  Davis,  Henderson,  Hicks,  Kennedy,  Nea~ 
mith,  Powell,  Richardson,  Saulsbury.  Turpie,  Wall,  Willey, 
Wilson  of  Missouri— 12. 

NAYS — Messrs.  Chandler,  Clark,  Collamer,  Cowan,  Doo- 
little,  Fessetxlen,  Foot,  Foster,  Crimes.  Harding.  Harlan, 
Harris,  Howard,  Howe,  Lane  of  Indiana,  I,ane  of  Kansas, 
Morrill,  Pomeroy,  Sumner,  Ten  Eyck,  Trumbull,  Wilkin 
son,  Wilson  of  Massachusetts— 23. 

Mr.  POWELL  offered  to  amend  the  eighth  sec 
tion  by  adding  this  proviso: 

Provided,  That  no  person  of  African  descent  shall  be 
commissioned  or  hold  an  office  in  the  army  of  the  United 
States. 

Which  was  agreed  to — yeas  18,  nays  17,  as 

follows  : 

YEAS— Cowan,  Davis.  Harding,  Harris,  Henderson.  Hicks, 
Howe.  Kennedy,  Lane  of  Indiana,  NesmiUi.  Powell.  Rich 
ardson,  Saulsbury,  Ten  Eyck,  Turpie,  Wall,  Willey,  Wilson 
of  Missouri— 18. 

NAYS — Messrs.  Chandler,  Clark,  Doolittle,  Fessenden, 
Foot,  Foster.  Grimes,  Harlan,  Howard,  King,  Lane  of  Kan 
sas,  Morrill.  Pomeroy,  Simmer,  Trumbull,  Wilkinson,  Wil 
son  of  Massachusetts — 17. 

Mr.  LANE,  of  Kansas,  moved  to  add  to  the 
above  proviso  the  following  words  : 

Except  company  officers  in  companies  composed  exclu 
sively  ot  persons  of  African  descent. 

Which  was  agreed  to — yeas  19,  nays  17,  as 
follows  : 

YEAS— Messrs.  Chandler,  Clark,  Collamer,  Doolittle,  Fes 
senden,  Foot,  Foster,  Grimes,  Harlan,  Howe.  King,  Lane  of 
Kansas,  Morrill.  Pomeroy,  Sumner,  Trumbull,  Wilkinson, 
Wilmot.  Wilson  of  Massachusetts — 19. 

NAYS — Messrs.  Cowan.  Davis,  Harding,  Harris,  Hender 
son  .  Hicks,  Howard,  Lane  of  Indiana,  fiesmith,  Powell, 
Richardson,  Sauhbury,  Sherman,  Ten  Eyck,  Wail,  Will*  y, 
Wilson  of  Missouri— 17. 

The  eighth  section  was  then  stricken  out 
without  a  division. 

PAY  OF  COLORED  SOLDIERS. 

First  Session,  Thirty-Eighth  Congress* 
IN  SENATE. 

18G4,  February  23 — The  Senate  considered 
the  joint  resolution  to  equalize  the  pay  of  sol 
diers. 

Mr.  COWAN  moved  to  strike  out  all  after  the 
enacting  clause,  and  insert : 

That  from  and  after  the  passage  of  this  joint  resolution 
the  soldiers  of  the  United  States  of  America,  of  the  same 
grade  and  service,  shall  be  entitled  to  the  same  pay,  rations, 
and  pensions. 

Mr.  DAVIS  moved  to  insert  the  following  as  a 
substitute : 

All  negroes  and  mulattoes.  by  whatever  term  designated, 
in  the  military  service  of  the  United  States,  be,  and  the 
same  are  hereby  declared  to  be,  discharged  from  such  ser 
vice,  and  shall  be  disarmed  as  soon  as  practicable;  but  the 
President  of  the  United  States  may  retain  such  ot  said  ne 
groes  and  mulattoes  as  li-  «li!>H  d«-em  prupcr  in  the  military 
eervhe  as  teamsters  ai-'  laborers;  nnd  the  commandants  wf 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC, 


277 


i».he  respective  regiments  to  which  said  slaves  may  be  at 
tached  shall  issue  to  their  owner  or  owners  a  certificate  of 
their  employment  in  the  service  of  the  Government. 

That  every  loyal  owner  of  any  slave  that  has  been  here 
tofore,  or  that  may  hereafter  be  taken  into  the  service,  or 
for  the  use  of  the'United  States,  shall  be  entitled  to  a  fair 
arid  reasonable  compensation  for  the  service  of  such  slave 
for  the  time  such  slave  may  have  been,  or  may  be,  in  such 
service,  to  be  paid  quarterly ;  and  where  any  slave  may 
have  been  killed  or  died  from  exposure,  or  may  have  been 
disabled  in  such  service,  the  owner  or  owners  of  all  such 
slave  or  slaves  shall  be  entitled  to  such  compensation  as  will 
reasonably  satisfy  them  for  all  damages  that  he,  she,  or 
thev  may  have  sustained  by  reason  of  the  death  or  disa 


Which  wa=>  disagreed  to—  yeas  6,  nays  31,  aa 
follows  : 

YEAS—  Messrs.  Davis,  Johnson,  Nesmith,  Powell,  Riddle., 
WrigJit  —  6. 

NATS—  Messrs.  Anthony,  Brown,  Buckalew,  Chandler, 
Clark,  Collumer,  Conness,  Dixon,  Doolittle,  Fessendcn,  Foot, 
Foster,  Grimes,  Harding,  Harlan,  Harris,  Howard,  Lane  of 
ludiana,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Hare- 
sey,  Sherman,  Sumuer,  Ten  Eyck,  Van  Winkle,  Wade,  "Wil 
kinson,  Willey,  Wilson  —  31. 

Mr.  DAVIS  offered  an  additional  section: 

That  in  every  case  where  heretofore  any  person  has  agreed 


i"    to  join,  and  has  in  fact  joined,  or  hereafter  may  join, 

l.ihty  .  -f  any  Biicb  slave  or  .laves.    And  where  any  such  ,      .  ,J.t    ^         ic(.  of  tho  ^^  g'tet      and  liag  bceu  mv 
slave  or  slaves  may  i,eeoim;  a  fugitive,  and  be  not  returned  j  .^  ^  gaid  Bcrvi(.e  by  anymilitary  officer  thereof,  the  per- 


to  the  owner,  the  United  States  shall  pay  to  such  owner  or 
owners  the  reasonable  value  of  the  service  of  said  slave  or 
slaves. 

That  the  owner  or  owners  of  any  slave,  entitled  to  pay 
and  compensation,  as  hereinbefore  provided  for,  may  make 
out  his,  her,  or  their  account  therefor  against  the  United 
-States,  and  upon  filing  the  same  at  the  Treasury  Department, 
sustained  by  vouchers  and  proofs  as  are  required  ordinarily 
to  support  accounts  against  the  United  States,  the  same 
shall  be  audited  and  paid  by  the  proper  officers  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated. 

Which  was  disagreed  to — yeas  7,  nays  30,  as 


YEAS— Messrs.  Buckalew,  C'arlile,  Davis,  Powell,  Riddle, 
tiaulsbury,  Wriyht—1. 


NAYS— Messrs.  Chandler,  Clark,  Collamer,  Conness,  Dixon,  j  Wilson— 29. 


d  reivd  into  Bcn  servicc  8nall  for  aU 
,  be  deemed  to  have  been  regularly  mus 
tered  into  said  service  in  the  position  of  officer,  non-commis 
sioned  officer,  or  private,  in  which  he  may  have  served,  not 
withstanding  he  may  not  have  been  mustered  in  according 
to  law  and  the  regulations  of  the  War  Department. 

Which  was  lost  —  yeas  7,  nays  29,  as  fol 
lows  : 

YEAS  —  Messrs.  Davis,  Hendricks,  Johnson,  Nesmith,  Pow 
ell,  Wade,  Wright—  -7. 

NATS—  Messrs.  Anthony,  Brown,  Buckalew,  Chandler, 
Clark,  Collamer,  Conness,  Dixon,  Doolittle,  Fessenden,  Foot, 
Foster,  Grimes,  Harding,  Harlan,  Harris,  Howard,  Lane  of 
Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Kam- 
scy,  Sherman,  Sumner,  Ten  Eyck,  Van  Winkle,  Willey, 


Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harding,  Harlan, 
Harris,  Henderson,  Howard,  Howe,  Johnson,  Lane  of  In 
diana.  Lane  of  Kansas,  Morgan,  Morrill,  Nesmith,  Ramsey, 
Sherman,  Sumner,  Ten  Eyck,  Van  Winkle,  Wade,  Willey, 
Wilson— 30. 

February  25— Mr.  COLLAMER  moved  to  amend 
by  adding  to  the  resolution  tin  following  : 

All  persons  enlisted  or  mustered  into  service  as  volunteers 
under  the  call  dated  October  17,  1S63,  for  three  hundred 
thousand  volunteers,  who  were  at  the  time  of  enlistment 
.actually,  and  for  six  months  previous  had  been,  resident  in 
habitants  of  the  State  in  which  they  volunteered,  shall  re 
ceive  from  the  United  States  the  same  amount  of  bounty 
•without  regard  to  color :  Provided,  however,  That  the  fore 


going  prov 


shall  not  extend  to  any  State  which  the 


President  by  proclamation  has  declared  in  a  state  of  insur 
rection. 

Mr.  SUMNER  moved  to  amend  the  amendment 
by  adding  the  words  : 

And  provided  also,  That  all  persons  whose  papers  of  en 
listment  show  that  they  were  enlisted  under  the  act  of 
•Congress  of  July,  1801,  shall  receive  Irora  the  time  of  their 
enlistment  the  pay  promised  by  that  statute. 

Which  was  agreed  to — yeas  19,  nays  18,  as 
follows : 

YEAS — V'essrs.  Clark,  Collamer,  Conness,  Dixou,  Doolit 
tle,  Foot,  Foster.  Hale,  Harding,  Howard,  Laue  of  Kansas, 
Morgan,  Morrill,  Pomeroy,  Sprague,  Sumuer,  Ten  Eyck, 
Van  Winkie,  Wilson— 19. 

NAYS — Messrs.  Buckalew,  Chandler,  Dains,  Grimes,  Har 
lan,  Harris,  Henderson,  Hendricks,  Howe,  Johnson,  Laue 
•if  Indiana,  Nemith,  Pjwell,  Ramsey,  Saultbury,  Wilkin 
son,  Willey,  Wrightr- 18. 

Feb.  29 — The  bill  was  recommitted  to  the 
Committee  on  Military  Affairs,  and  again  re 
ported  amended. 

March  10  -Mr.  DAVIS  offered  a  new  section  : 

That  for  every  slave  or  slaves  that  may  have  been  here 
tofore,  or  may  hereafter,  be  taken  into  the  service  of  the 
United  States,  the  loyal  owner  or  owners  of  such  slave  or 
slaves  shall  be  entitled  to  their  fair  and  reasonable  value, 


The  bill  then  passed — yeas  31,  nays  6,  as 
follows : 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
ness,  Cowan,  Dixon,  Doolittle,  Fesseuden,  Foot,  Foster, 
j  Grimes,  Harlan,  Harris,  Howard,  Howe,  Johnson,  Lane  of 
Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  JVesmith,  Pome 
roy,  Ramsey,  Sherman,  Sumner,  Ten  Eyck,  Van  Winkle, 
Wade,  Willey,  Wilson— 31. 

NAT,-? — Messrs.  Buckalew,  Davis,  Hendricks,  Powell,  Rid 
dle,  Wright— $. 

IN  HOUSE. 

It  was  referred  to  the  Committee  on  Military 
Affairs,  and  not  reported  upon,  when  the  Sen 
ate  added   propositions  respecting  the  subject 
to  the  army  appropriation  bill,  as  follows  : 
IN  SENATE. 

Pending  the  army  appropriation  bill, 

1864,  April  22 — Mr.  WILSON  offered  these 
resolutions: 

That  all  persons  of  color  who  have  been  or  may  be  mus 
tered  into  the  service  of  the  United  States  shall  receive  the 
same  uniform,  clothing,  arms,  equipments,  camp  equipage, 
rations,  medical  and  hospital  attendance,  pay  and  emolu 
ments,  other  than  bounty,  as  other  soldiers  of  the  regular 
or  volunteer  forces  of  the  United  States  of  like  arm  of  tho 
service,  from  and  after  the  1st  day  of  January,  1864,  and 
that  every  person  of  color  who  shall  hereafter  be  mustered 
into  the  service  shall  receive  such  sums  in  bounty  as  thw 
President  shall  order  in  the  different  States  and  parts  of 
the  United  States,  not  exceeding  one  hundred  dollars. 

That  all  persons  enlisted  and  mustered  ''nto  service  as 
volunteers  under  the  call  dated  October  17, 18G4,  for  300,000 
volunteers,  who  were  at  the  time  of  enlistment  actually 
enrolled  and  subject  to  draft  in  the  State  in  which  they 
volunteered,  shall  receive  from  tho  United  States  the  same 
amount  of  bounty,  without  regard  to  color. 

That  all  persons  of  color,  who  have  been  enlisted  and 
mustered  into  the  service  of  the  United  States  shall  be  en 
titled  to  receive  the  pay  and  clothing  allowed  by  law  to 
other  volunteers  in  the  service  from  the  date  of  their  mus 
ter  into  the  service :  Provided,  That  the  same  shall  have 
been  pledged  or  promised  to  them  by  any  officer  or  person 
who,  in  making  such  pledge  or  promise,  acted  by  authority 


to  be  ascertained  by  three   commissioners  to  be  appointed  j  of  the  War  Department ;  and  the  Secretary  of  War  is  hereby 


by  the  United  States  district  court  for  the  district  from 
which  such  slave  or  slaves  may  have  been  taken.  And 
said  commissioners  shall  take  evidence  and  report  on  tho 
points  of  the  loyalty  and  ownership  of  the  claimants,  and 
the  value  of  such  slave  or  slaves  ;  and  when  said  report 
Is  confirmed  by  the  district  court  aforesaid,  it  shall  bo  con 
clusive  on  the  points  embraced  by  it ;  and  on  the  presenta 
tion  of  an  authoritative  copy  of  said  report  to  the  Treasury 
Department,  any  sum  or  sums  therein  appearing  to  be  due 
any  loyal  owner  or  owners  shall  be  naid  out  of  any  money 
4u  the  Treasury  not  otherwise  appropriated. 


authorized  to  determine  any  question  of  fact  arising  under 
this  provision. 

That  the  same  premium  shall  be  allowed  for  each  colored 
recruit  now  mustered,  or  hereafter  to  be  mustered,  into  the 
service  of  the  United  States,  as  is  or  shall  be  allowed  for 
white  recruits :  Provided,  That  the  Secretary  of  War  shall 
previously  give  his  assent  to  the  same. 

Which  were  agreed  to — yeas  31,  nays  5,  as 
follows  : 
YEAS— Messrs.  Anthony,  Brown,  Clark,  Collamer,  Conness, 


278 


LEGISLATION,    ORDERS.    PROCLAMATIONS,    ETC. 


Cowan,  DixoTi,  Doolittle,  Fessenden,  Foster,  Grimes,  Hale, 
Harding,  Henderson,  Howard,  Howe,  Johnson,  Lane  of  In 
diana,  JUcDougall,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Shcr- 
irian,  Sprague,  Sumner,  Ten  Eyck,  Trumbull,  Van  Winkle, 
"Willey,  Wilson— 31. 

NAYS — Messrs.  Buckalew,  Davis,  Hendriclcs,  Powell,  Sauls- 
bury — 5. 

Mr.  DAVIS  moved  to  add  these  words  as  a  new 
section  : 

That  when  the  existing  insurrection  and  rebellion  shall 
have  been  suppressed,  and  the  authority  and  laws  of  the 
United  States  shall  have  been  re-established  in  the  States 
where  the  people  are  in  rebellion,  all  negroes  then  in  the 
military  service  of  the  United  States  shall  thereupon  be 
discharged  from  such  service. 

Which  was  disagreed  to — yeas  10,  (Messrs. 
Buckalew,  Carlile,  Cowan,  Davis,  Henderson, 
Ilendricks,  Johnson,  McDougctll,  Powell,  Sauls- 
bury,)  nays  27. 

Mr.  HBNDRICKS  offered  a  new  section  : 

That  the  pay  of  the  soldiers  and  non-commissioned  officers 
of  the  army  of  the  United  States  shall  hereafter  be  fifty 
per  cent,  greater  than  is  now  allowed  by  law :  Provided, 
That  the  pay  of  non-commissioned  officers  shall  not  exceed 
twenty-two  dollars  per  month. 

\Vhich  was  disagreed  to — yeas  6,  nays  30,  as 
follows  : 

YEAS — Messrs.  Jluckalew,  Carlile,  Davis,  Hendriclcs,  Lane 
of  Indiana,  2 '(swell— 6. 

NAYS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Col- 
lamer,  Conness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot, 
Foster,  Grimes,  Hale,  Harding,  Henderson,  Howard,  Howe, 
McDongall,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sherman, 
Sumner,  Ten  Eyck,  Trumbull,  Wilkinson,  Wiiley,  Wilson 
—30. 

The  army  appropriation  bill  was  then  passed 
— yeas  36,  nay  1,  (Mr.  Powell.} 

IN  HOUSE. 

April  30 — The  House  Committee  on  Military 
Affairs  proposed  to  amend  by  substituting  a 
bill,  making  these  changes.  May  1st  was  fixed 
as  the  date  of  increased  pay  ;  the  bounty  to  be 
given  to  those  colored  soldiers  enlisted  under 
the  call  of  Oct.  17,  1863,  is  limited  to  $100  ; 
and  these  two  sections  are  substituted  for  the 
Senate's  last  two  : 

That  iu  every  case  where  it  shall  be  made  to  appear  to 
the  satisfaction  of  the  Secretary  of  War,  that,  any  regiment, 
or  any  battery,  or  any  company  of  cavalry ,  of  colored 
troops, has  been  enlisted  and  mustered  into  the  service  of 
the  United  States,  under  any  authorized  assurance  given 
by  any  officer  or  agent  of  the  United  States,  or  by  any 
Governor  of  any  State,  authorized  thereto  by  the  President 
or  the  Secretary  of  War,  that  the  non-commissioned  offi 
cers  and  privates  of  such  regiment,  battery,  or  company, 
should  be  paid  the  same  as  other  troops  of  the  same  arm 
of  the  service,  then  they  shall  be  so  paid  for  the  period  of 
time  counting  from  the  date  of  their  being  respectively 
mustered  into  the  service  to  the  1st  day  of  May,  A.I).  1804. 

That  there  may  be  reserved  at  the  discretion  of  the  Sec 
retary  of  War,  and  under  such  regulation  as  he  may  pre 
scribe,  a  portion  of  the  pay  of  any  colored  soldier,  not 
exceeding  in  any  case  more  than  one-third  thereof,  to  bo 
applied  to  the  support  of  the  family  of  such  soldier,  or  of 
Other  near  relatives  dependent  on  him  for  support. 

Mr.  HOLMAN  moved  to  strike  from  the  sec 
tion  the  word  "  pay,"  which  was  lost — yeas  53, 
nays  85. 

A  division  of  the  question  was  called;  the 
first  amendment  of  the  House  was  disiigreed  to  ; 
and  that  of  the  Senate — being  the  first  para 
graph  of  bill  parsed,  April  22,  above — was 
agreed  to — yeas  80,  nays  51,  as  follows: 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
John  D.  Baldwin,  Baxter,  Bcaniiin,  Blaine,  John  B.  Blair, 
Blow, Boutwell.Boyd,  Brandegee, Broomall, Cobb,  Cole,  Cres- 
woll,  Henry  Winter  Davis,  Dawes,  Deming,  Dixon,  Donnelly, 
Drig«;.s,  Eckley,  Eliot,  Farnsworth.  Fenton,  Frank,  Garfield, 
Orinnell,  Griswnld.  Higby,  Hooper,  Hotchkiss,  Asahel  W. 
Hubbard,  John  II.  Hubbard,  Hulburd,  Jenckes,Juliau,  Kel- 


ley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Loan,  Longyear. 
Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  F.  Miller, 
Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Odr.ll,  Charles  O'Neill.  Ortli.  Patterson, 
Perham,  Pomeroy,  Price,  Alexander  H.  Rice,  John  II.  Rice 
Edward  II.  Rollins,  Schenck,  Scofield.  Shannon,  Sloan, 
Spnlding,  Stevens,  Thayer,  Upson,  KLlihu  B.  Washburne, 
William'  B.  Wash  burn,  Williams,  Wilder,  Wilson,  Win- 
dom — 80. 

NAYS — Messrs.  James  C.  AW-n,  Ancona,  Brool-x,  William 
G.  Brown,  Chanter,  Clay,  Cox,  Dawson,  Drnixm,  Eden, 
Eldridyt,  Find;  Grider,  Hall,  Harding,  Harrinf/tnii, 
Charles  M.  Harris,  Hcrriclc,  Holmun,  Krn/an,  Kinn,  Knapp, 
Law,  Lazear,  Lf.  Blond,  Lf.ng,  Marcy,  McDowell,  McKinney, 
William  H.  Miller,  James  R.  Morris,  Moi-n'son,  Now. 
John  O'Ncill,  Perry,  Samuel  J.  Randall,  Robinson,  James  8. 
Rollins,  Rosa,  Scott,  Smith,  John  B.  Sieelt,  Sliles,  Slrouse, 
Voorhccs,  Whaley,  W/ieelcr,  Chilian  A.  White,  Joseph  W. 
White,  Fernando  Wood,  Yeoman — 51. 

The  second  amendment  of  the  Committee 
(with  regard  to  bounty)  was  agreed  to,  and 
the  Senate  amendment,  as  amended,  was  agreed 
to — yeas  79,  nays  52. 

The  third  and  fourth  House  amendments  were 
disagreed  to.  The  following  amendment  wns 
then  adopted  as  a  substitute  for  the  third  prop 
osition  of  the  Senate  : 

That  all  free  persons  of  color  who  have  been  or  may  be 
mustered  into  the  military  service  of  the  United  State* 
shall  from  the  date  of  their  enlistment  receive  the  same 
uniform,  clothing,  arms,  equipments,  camp  equipage,  ra 
tions,  medical  and  hospital  attendance,  pay  and  emoluments, 
and  bounty,  as  other  soldiers  of  the  regular  or  volunteer 
forces  of  the  United  States  of  like  arm  of  the  service. 

Yeas  73,  nays  55.  The  NAYS  were — 
Messrs.  James  C.  Allen,  Ancona,  Anderson,  Aitgustvs  C. 
Baldwin,  Jacob  B.  Blair,  Brooks,  William  G.  Brown,  Chanter, 
Clay,  Cor,  Cravens,  Dawson,  Eden,  Eldrid;ie,  Finck.  Ganson, 
Grider,  Griswold,  Hall,  Hording,  Harrinqt'in,  Beniamin 
G.  Harris,  Charles  M.  Harris,  HtrricJf,  H'.Iman,  Pl.ilip- 
Jolmscm,  Kcrnan,  King,  Knapp,  Law,  Le  Bl/md,  Lung.  Marry, 
William  H.  Miller,  James  K.  Morris,  Aforrisrm,  N<J>le,  John 
C? Neill,  Perry,  Radford,  Robinson,,  JanifS  S.  Rollmt,  Ross, 
Scott,  Smith,  JohnB.  Steels,  Stilts,  Strouse,  Voorhies,  Wha 
ley,  Wheeler,  Chilton  A .  White,  Joseph  W.  White,  Fernando 
Wood,  Yeaman — 55. 

The  fourth  amendment  of  the  Senate  was 
non-concurred  in,  being  in  another  bill. 

May  3 — The  Senate  insisted  on  its  amend 
ments,  and  appointed  a  Committee  of  Confer 
ence,  which, 

May  25 — Reported,  and  recommended  the 
adoption  of  this  section  as  a  substitute  for  those 
adopted  by  the  two  Houses: 

That  in  every  case  where  it  shall  be  made  to  appear  to 
the  satisfaction  of  the  Secretary  of  War  that  any  regiment 
of  infantry,  or  any  battery,  or  any  company  of  cavalry,  of 
colored  troops  has  been  eidisted  and  mustered  into  the  ser 
vice  of  the  United  States,  under  any  authorized  assurance 
given  by  any  officer  or  agent  of  the  United  States,  or  by 
any  Governor  of  any  State  authorized  thereto  by  the  Pres 
ident  or  the  Secretary  of  War,  the  non-commissioned  offi 
cers  and  privates  of  such  regiment,  battery,  or  company 
shall  bo  paid  the  same  as  other  troops  of  the  same  arm  of 
tho  service,  then  they  shall  be  so  paid  for  the  period  of  timo 
counting  from  the  date  of  their  being  respectively  mustered 
into  the  service  to  the  1st  day  of  January,  18*H:  Provided, 
however,  That  this  section  shall  not  be  construed  to  prevent 
like  payment  to  other  colored  troops  from  the  time  of  their 
being  mustered  into  the  service,  if  such  shall  be  held  by 
the  proper  authority  to  be  their  right  under  the  law. 

Which  was  rejected — yeas  25,  nays  121.  The 
YEAS  were: 

Messrs.  Baily,  Boyd.  William  G.  Brown,  Ambrose  W 
Clark,  Thomas  T.  Davis,  Farnsworth,  Gartield,  Griswold, 
Hooper.  Kasson,  McAllister.  McBride,  Mclndoe.  Morrill, 
Amos  Myers,  Perham,  Price,  Schenck,  Shannon,  Smith. 
Smit ln-rs.  Thomas,  Tracy,  Whaley,  Woodbridge — 25. 
ANOTHER  CONFERENCE  REPORT. 

June  10 — The  second  Committee  of  Confer 
ence  on  the  army  appropriation  bill  recom 
mended  the  following  section  relating  to  the 
pay  of  colored  troops,  as  a  substitute  : 

That  all  persons  of  color  who  were  free  on  the  19th  day  of 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


279 


April,  1861,  and  who  have  been  enlisted  and  mustered  into 
the  military  service  of  the  United  States,  shall  from  the  time 
of  their  enlistment  be  entitled  to  receive  the  pay,  bounty,  and 
clothing  allowed  to  such  persons  by  the  laws  existing  at 
the  time  of  their  enlistment.  And  the  Attorney  General  of 
the  United  States  is  hereby  authorized  to  determine  any 
question  <>f  law  arising  under  this  provision.  And  ii'  the 
Attorney  General  aforesaid  shall  determine  that  any  such 
enlisted  persons  aro  entitled  to  receive  any  pay,  bounty,  or 
clothing  in  addition  to  what  they  have  already  received, 
the  Secretary  of  War  shall  make  all  necessary  regulations 
to  enable  the  pay  department  to  make  payment  in  accord 
ance  with  such  determination. 

June  11 — It  was  concurred  in,  without  divis 
ion  in  the  Senate. 

June  13— The  report  was  adopted  in  the 
House — yeas  72,  nays  58,  as  follows: 

YEAS — Messrs.  Allison,  Ames,  Anderson,  Arnold,  Ashley. 
Baiiy,  Baxter,  Beaman,  Elaine,  Blair,  Blow,  Boyd,  Braude- 
gee,  Ambrose  W.  Clark,  Cobb,  Cole,  Thomas  T.  Davis,  Dixon, 
Donnelly,  Driggn,  Kckley,  Fenton,  Frank,  Garfield,  Higby, 
Hooper,  Hotchkiss,  Asahel  W.EIubbard,  John  II.  Hubbard, 
Ingersoll,  Jeackes,  Julian, Kelley,  Francis  W.  Kellogg,  Lit- 
tlejohn,  Loan,  Longyear,  Marvin,  McClurg,  Mclndoe,  Sam 
uel  F.  Miller,  Moorhead,  Morrill,  D.T.iiel  Morris,  Amos 
Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Pat 
terson,  Perhani,  Piko,  Pric  >,  John  II.  Rice,  Scofield,  Shan 
non,  Smith,  Smithers,  Spalding,  Starr,  Stevens,  Thayer, 
Thomas,  Tracy,  Up^on,  Van  Valkenburgh,  Webster,  Wil 
liams,  Wilder,  Wilson,  Windom,  Woodbridge — 72. 

NAYS — Messrs.  James  C.  Allen,  William  J.  Allen,  Alley, 
Augustus  C.  Baldwin,  John  D.  Baldwin,  Bliss,  Boutweil, 
James  S.  Brown,  4,hanlcr,  Cox,  Cravens,  Henry  Winter  Da- 
vK  Dsiwes,  Dawson,  Pcnison,  J$.len,  Edgerton,  Eldridge, 
Eliot,  Find;  Ganson.  Goocb,  Grider,  Harding,  Harrington, 
Charles  M.  Harris.  Herrich,  Holman.  Hutching,  Kalbfirisch, 
Ke.rnan.  King,  Law.  Le  Bland,  Marcy,  McDowell,  McKin- 
ney,  Wat.  /f.  Miller,  James  It.  Morris,  Monison,  John 
O'Nell.  Pendlf.mn,  Radford,  Alexander  II.  Rice,  Robinson, 
James  S.  Rollins,  Ross,  John  B.  Slede,  Wm.  G.  tteele, 
Stiles,  Mrouse,  Stuart,  Sweat^  Wadswortfi,  Wheeler,  Ctiilton 
A.  White,  Joseph  W.  White,  Fernando  Wood— 58. 

1863,  Dec.  14 — Mr.  LOVKJOY  moved  that  the 
Committee  on  Military  Affairs  be  instructed  to 
inquire    into    the    expediency    of  placing,    in 
any  bill  or  bills  they  may  report  on  the  subject, 
all  regular  enlisted  soldiers  on  the  same  foot 
ing  as  to  pay  without  distinction  of  color. 

Mr.  Cox  moved  to  table  the   motion;  which 
was  disagreed  to — yeas  68,  nays  87. 
The  resolution  was  then  adopted. 

1864,  May  16— Mr.  RICE,  of  Maine,  introduced 
a  bill  for  the  enrollment,  organization,  and  ser 
vice  of  certain  persons  of  African  descent  in  the 
militia  of  the  several  States;  which  was  refer 
red  to  the  Committee  on  the  Militia. 


OPINION  OF  ATTORNEY  GENERAL  BATES  ON  PAYING 
A  COLORED  CHAPLAIN. 

ATTORNEY  GENERAL'S  OFFICE, 

April  23, 1864. 

SIR:  You  have  done  me  the  honor  to  refer  to  me  a 
communication  to  yourself  from  his  excellency  Jehu  A. 
Andrew,  Governor  oi  Massachusetts,  with  accompanying 
papers,  relative  to  the  claim  of  Rev.  Samuel  Harrison  for 
pay  as  chaplain  of  the  54tll  regiment  of  Massachusetts 
volunteers. 

It  appears  by  Governor  Andrew's  letter  and  the  other  pa 
pers  that  Mr.  Harrison,  who  is  acolored  man,  was  duly  elected, 
and  on  the  8th  day  of  September,  1863,  commissioned  by 
Governor  Andrew  as  a  chaplain  of  the  54th  regiment  of 
Massachusetts  volunteers  in  theservice  of  the  United  States ; 
that  on  the  12th  of  November,  18t>2,  he  was  mustered  and 
accepted  into  the  service  of  the  United  States  at  Morris  isl 
and,  South  Carolina,  by  the  proper  mustering  officer  and 
actually  performed  the  duties  of  chaplain  of  that  regiment 
then  and  since  serving  in  South  Carolina.  On  demanding 
his  pay  r.s  chaplain,  lie  was  met  by  the  following  refusal  in 
•writing,  signed  by  the  paymaster  at  Hilton  Head: 

"Samuel  Harrison,  chaplain  of  the  54th  regiment  Massa 
chusetts  volunteers,  (colored  troops,)  asks  pay  at  the  usual 
rate,  $100  per  month  and  two  rations,  which,  he  being  of 
Aim  an  descent,  I  decline  paying,  under  act  of  Congress 
pMMd  Jul>  17, 1862,  employing  persons  of  African  descent 


in  military  service  of  the  United  States.    The  chaplain  de 
clines  to  receive  anything  less." 

You  have  requested  my  opinion  whether  the  paymaster 
should  have  paid  as  demanded,  and,  if  he  should,  whether 
it  is  your  duty  to  order  him  to  do  so. 

The  54th  regiment  of  Massachusetts  volunteers  was  or 
ganized  in  the  same  manner  as  were  other  regiments  of 
State  volunteers  under  the  following  order  of  the  War  De 
partment,  dated  January  20, 1863,  viz: 

"  Ordered,  That  Governor  Andrew,  of  Massachusetts,  is  au 
thorized,  until  further  orders,  to  raise  such  number  of  vol 
unteer  companies  of  artillery  for  duty  in  the  forts  of 
Massachusetts  and  elsewhere,  and  such  corps  of  infantry 
for  the  volunteer  military  service,  as  he  may  find  conveni 
ent,  such  volunteers  to  bo  enlisted  for  three  years  or  until 
sooner  discharged,  and  may  include  persons  of  African  de 
scent,  organized  into  separate-  corps.  He  will  make  the 
usual  needful  requisitions  on  the  appropriate  staff  bureaus 
and  officers  for  the  proper  transportation,  organization, 
supplies,  subsistence,  arms,  and  equipments  of  such  vol 
unteers." 

"EDWIN  M.  STANTON, 

"Secretary  of  War* 

I  do  not  know  that  any  rule  of  law,  constitutional  or 
statutory,  even  prohibited  the  acceptance,  organization, 
and  muster  of  "  persons  of  African  descent"  into  the  mili 
tary  service  of  the  United  States  us  enlisted  men  or  volun 
teers.  But  whatever  doubt  might  have  existed  on  the 
subject  had  been  fully  resolved  before  this  order  was  issued, 
by  the  eleventh  section  of  the  act  of  17th  July,  1862,  chap 
ter  195,  which  authorized  the  President  to  employ  as  many 
persons  of  African  descent  as  he  might  deem  necessarv  and 
proper  for  the  suppression  of  the  rebellion,  and  for  that 
purpose  to  organize  and  use  them  in  such  manner  as  he 
may  judge  best  for  the  public  welfare,  and  the  twelfth  sec 
tion  of  the  act  of  same  date,  chapter  201,  which  authorized 
the  President  to  receive  into  the  service  of  the  United 
States  for  the  purpose  of  constructing  entrenchments,  or 
performing  camp  service,  or  any  other  labor,  or  any  mili 
tary  or  naval  service  for  which  they  might  be  found  com 
petent,  persons  of  African  descent,  such  persons  to  be  en 
rolled  and  o-ganized  under  such  regulations,  not  inconsistent 
with  the  Constitution  and  laws,  as  the  President  might 
prescribe. 

The  54th  Massachusetts  regiment  was  therefore  organized 
and  mustered  into  the  service  of  the  United  States  under 
clear  authority  of  law. 

But  the  fifteenth  section  of  the  act  of  17th  July,  1862, 
chapter  201,  after  directing  that  all  persons  who  have  been 
or  shall  be  enrolled  in  the  service  of  the  United  States  under 
that  act  shall  receive  the  pay  and  rations  then  allowed  by 
law  to  soldiers,  according  to  their  respective  grades,  con 
tains  thin  jn-oviso :  "That  persons  of  African  descent  who 
under  this  law  shall  be  employed  shall  receive  ten  dollars 
per  month  and  one  ration,  three  dollars  of  which  monthly 
pay  may  be  in  clothing." 

Whether  persons  of  African  descent  "  enrolled  in  the  ser 
vice  of  the  United  States"  as  private  soldiers  are  included 
within  the  words  "  persons  of  African  descent  who  under 
this  law  shall  be  employed,"  thereby  limiting  their  pay  as 
soldiers  to  ten  dollars  a  month,  is  not  the  question  you  have 
submitted  to  me;  for  Mr.  Harrison  was  not  a  private  sol 
dier,  but  an  officer,  serving  under  the  commission  of  the 
Governor  of  Massachusetts,  the  authenticity  and  validity 
of  which  were  recognized  and  admitted  by  the  United 
States  when  he  was  mustered  into  its  service.  But  the 
question  is,  can  a  person  of  African  descent  lawfully  hold 
the  office  and  receive  the  pay  of  chaplain  of  a  volunteer 
regiment  in  theservice  of  the  United  States? 

I  have  already  said  that  I  knew  of  no  provision  of  law, 
constitutional  or  statutory,  which  prohibited  the  accept 
ance  of  persons  of  African  descent  into  the  military  sen-ice 
of  the  United  States ;  and  if  they  could  be  lawfully  ac 
cepted  as  private  soldiers,  so  also  might  they  be  accepted  as 
commissioned  officers,  if  otherwise  qualified  therefor.  But 
the  express  power  conferred  on  the  President  by  the  eleventh 
section  of  the  act  of  17th  July,  1862,  chapter  195,  before 
cited,  to  employ  this  class  of  persons  for  the  suppression  of 
the  rebellion  as  he  may  judge  best  for  the  public  welfare, 
furnishes  all  needful  sanction  of  law  to  the  employment  of  a 
colored  chaplain  for  a  volunteer  regiment  of  his  own  race. 
Nor  is  any  prohibition  of  the  employment  of  such  person 
found  in  the  statutes  which  declare  the  qualifications  of 
chaplains.  The  ninth  section  of  the  act  to  authorize  the 
employment  of  volunteers,  Ac.,  of  22d  July,  1861,  chapter 
9,  provides  that  there  shall  be  allowed  to  each  regiment  one 
chaplain,  who  shall  be  appointed  by  the  regimental 
commander  on  the  vote  of  the  field  officers  and  company- 
commanders  on  duty  with  the  regiment  at  the  time  the 
appointment  shall  be  made.  The  chaplain  so  appointed 
must  be  a  regularly  ordained  minister  of  a  Christian  do- 
lomination,  &c.  The  seventh  section  of  the  act  of  3d 
August,  1861,  chapter  42,  for  the  better  organization  of  the 


280 


LEGISLATION,   OKDERS,   PROCLAMATIONS,   ETC. 


military  establishment,  declares  that  one  chaplain  shall  he 
allowed  to  each  regiment  of  the  army,  to  be  selected  and 
appointed  as  the  President  may  direct,  provided  that  none 
but  regularly  ordained  •uinisterH  of  some  Christian  denom 
ination  Khali  be  eligible  to  selection  or  appointment.  The 
ei:.  lit h  section  of  the  act  of  17th  July,  1802,  chapter  200, 
dec-lares  that  the  two  sections  last  cited  shall  be  construed 
to  read  as  follows : 

"That  no  person  shall  be  appointed  a  chaplain  in  the 
United  States  army  who  is  not  a  regular  ordained  minister 
of  some  religious  denomination,  and  who  does  not  present 
testimonials  of  his  present  good  standing  as  such  minister, 
with  a  recommendation  for  his  appointment  as  an  army 
chaplain  from  some  authorized  ecclesiastical  body,  or  not 
less  than  five  accredited  ministers  belonging  to  said  religious 
denomination." 

The  closest  inspection  of  these  provisions  will  discover 
nothing  that  precludes  the  appointment  of  a  Christian 
minister  to  the  office  of  chaplain  because  he  is  a  person  of 
African  descent.  I  therefore  conclude  that  Mr.  Harrison 
was  the  lawfully  appointed  and  qualified  chaplain  of  the 
54th  Massachusetts  regiment. 

The  ninth  section  of  the  act  of  the  17th  July,  1862, 
chapter  200,  provides  that  thereafter,  the  compensation  of 
all  chaplains  in  the  regular  or  volunteer  service  or  army 
hospitals  shall  be  one  hundred  dollars  per  month  and  two 
rations  a  day  when  on  duty.  Was  Mr.  Harrison  entitled  to 
this  rate  of  compensation,  or  was  he  limited  to  the  pay  of 
ten  dollars  a  month  and  one  ration,  fixed  by  the  prmnso 
to  the  fifteenth  section  of  the  act  of  17th  July,  1862.  chap 
ter  201  ? 

It  will  be  observed  that  this  jyroriso  declares  that  ten 
dollars  a  month  and  one  ration  shall  bo  received  by  persons 


PROTECTION  OF  COLORED  SOLDIERS. 

THE  PRESIDENT'S  ORDER. 
[General  Orders  No.  252.] 

WAR  DEPARTMENT,  ADJUTANT  GENERAL'S  OFFICE, 

WASHINGTON,  July  31, 1863. 

The  following  order  of  the  President  is  pub 
lished  for  the  information  and  government  of 
all  concerned  : 

EXECUTIVE  MANSION, 
WASHINGTON,  July  30,  1863. 
It  is  the  duty  of  every  Government  to  give 
protection  to  i's  citizens,  of  whatever  class, 
color,  or  condition,  and  especially  to  those  who 
are  duly  organized  as  soldiers  in  the  public 
service.  The  law  of  nations,  and  the  usages 
and  customs  of  war,  as  carried  on  by  civilized 
powers,  permit  no  distinction  as  to  color  in  the 
treatment  of  prisoners  of  war  ss  public  ene 
mies.  To  sell  or  enslave  any  captured  person, 
on  account  of  his  color,  and  for  no  offence 
against  the  laws  of  war,  is  a  relapse  into  bar 
barism,  and  a  crime  against  the  civilization  of 
the  age. 

The  Government  of  the  United  States  will 
give  the  same  protection  to  all  its  soldiers  ;  and 


ot  African  descent  employed  under  the  law  of  which  it  is  a  |  if  the  enemv  shill    spll  or    pn<livp  nnv  ono 
part,  viz.,  the  act  of  17th  July,  1862,  chapter  201.    Now,  we 


have  seen  that  it  is  not  necessary  to  resort  to  that  law  to 
find  authority  fur  the  appointment  of  Mr.  Harrison  as  chap 
lain,  for,  apart  from  the  authority  which  might  be  presumed 
to  exist  prior  to  the  enactment  of  any  of  those  statutes,  the 
eleventh  section  of  the  act  of  17th  July,  1862,  chapter  195, 
sufficiently  warranted  it.  To  bring  him,  then,  within  the 
sweep  of  this  proviso,  and  thus  withdraw  him  from  the 
reach  of  the  act  which  specifically  fixes  the  pay  of  the  class 
of  officers  to  which  by  clear  law  lie  belongs,  would  violate 
the  plainest;  principles  of  construction.  The  act,  of  which 


the  proviso  is  a  part,  was  not  intended,  in  my  opinion,  either 

to  authorize  the  employment  or  fix  the  pay  of  any  persons 

of  African  descent,  except  those  who  might  be  needed  to 

perform  the  humble  office*;  of  labor  and  service  for  which 

they   might    be  found  competent.      The   twelfth  section 

authorizes  them  to  be  received  into  service  for  the  purpose 

of  constructing  entrenchments,  or  performing  camp  service, 

or  any  other  labor,  or  any  military  or  naval  service  for  j 

which   they  might   be  found  competent.    The  thirteenth  j 

section   declares  that  when  any  man  or  boy'   of  African  j  FROM  THE  RULES   OF  WAR  ADOPTED  BY  THE  GOV- 

descent,  who,  by  the  laws  of  any  State,  shall  owe  service  or  I 

labor  to  any  person  aiding  the  rebellion,  shall  render  such 


cause  of  his  color,  the  offence  shall  be  pun 
ished  by  retaliation  upon  the  enemy's  prisoners 
in  our  possession. 

It  is  therefore  ordered  that  for  every  soldier 
of  the  United  States  killed  in  violation  of  the 
laws  of  war,  a  rebel  soldier  shall  be  executed ; 
and  for  every  one  enslaved  by  the  enemy,  or 
sold  into  slavery,  a  rebel  soldier  shall  be  placed 


at  hard  labor  on  public  works,  and  continued 
at  such  labor  until  the  other  shall  be  released 
and  receive  the  treatment  due  to  a  prisoner  of 
war.  ABRAHAM  LINCOLN. 

By  order  of  Secretary  of  War. 

E.  D.  TOWNSEND,  Assistant  Adjutant  General. 


service  as  this  act  provides  for,  he,  his  mother,  wife  and 
children  shall  be  free  thereafter,  with  certain  exceptions. 


And  the  fifteenth  sc-ction  fixes  their  pay  as  before  stated. 
While  it  is  true  that  the  words  of  the  twelfth  section  are 


57.  So  soon  as  a  man  is  armed  by  a  sovereign  Govern 
ment,  and  takes  the  soldier's  oath  of  fidelity,  he  is  a  bel 


ligerent;  his  killing,  wounding,  or  other  warlike  acts  are 
no  individual  crimes  or  offences.  No  belligerent  has  a  right 
broad  enough  to  embrace  all  persons  of  African  descent  j  to  declare  that  enemies  of  a  certain  class,  color,  or  condi- 
who  may  be  received  into  the  military  or  naval  service  of  !  tion,  when  properly  organized  as  soldiers,  will  not  be  treated 
the  United  States,  it  is  yet  quite  evident  from  the  terms  of  |  by  him  as  public  enemies. 

the  whole  section,  as  well  as  from  the  promise  of  freedom  I  58.  The  law  of  nations  knows  of  no  distinction  of  color, 
held  out  to  such  persons  who  were  slaves,  in  the  thirteenth  •  a»d  if  an  enemy  of  the  United  States  should  enslave  and 
section,  that  in  limiting  their  pay  to  ten  dollars  a  month  sell  any  captured  persons  of  their  army,  it  would  be  a  caae 
and  one  ration,  Congress  had  in  view  the  class  who  were  for  the  severest  retaliation,  if  not  redressed  upon  complaint, 
fitted  only  for  the  humbler  kinds  of  service  referred  to,  and  ]  The  United  States  cannot  retaliate  by  enslavement;  there- 
not  persons  who,  under  the  authority  of  other  laws,  might  !  fore  death  must  be  the  retaliation  for  this  crime  against  the 
be  appointed  to  positions  requiring  higher  qualifications,  j  law  of  nations. 

and  entitled  to  a  higher  rate  of  pay.     To  assume  that  be-     THW  pHpainpiMT1*!  ^nvvr-n  AT  TUP  RAT  Trumps-  PAIR 
cause  Mr.  Harrison  is  a  person  of  African    '     -  -*'---  -•-  -"  '  S  FAIR' 


descent  he  shall 

draw  only  the  pay  which  this  law  establishes  for  the  class 
it  obviously  refers  to,  and  be  deprived  of  the  pay  which 
another  law  specifically  affixes  to  the  office  he  lawfully 
held,  would  be,  in  my  opinion,  a  distortion  of  both  laws,  no't 
only  unjust  to  him,  but  in  plain  violation  of  the  purpose  of 
Congress. 

I  therefore  think  that  the  paymaster  should  have  paid 
Mr.  Harrison  his  full  pay  as  chaplain  of  a  volunteer  regi 
ment. 

Your  attention  having  been  specially  called  to  the  wrong 
done  in  this  case,  I  am  also  of  opinion  that  your  constitu 
tional  obligation  to  take  care  that  the  laws  be  faithfully 
executed  makes  it  your  duty  to  direct  the  Secretary  of  War 
to  inform  the  officers  rff  the  pay  department  of  the  army 
that  such  is  your  view  of  the  law,  and  I  do  not  doubt  that 
it  will  be  accepted  by  them  ay  furnishing  the  correct  rule 
for  their  action. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

EDWARD  BATES, 

Attorney  General. 
The  PRESIDENT. 


APRIL  18, 1864. 

LADIES  AND  GENTLEMKX  :  Calling  it  to  mind  that  we  are 
in  Baltimore,  we  cannot  fail  to  note  that  the  world  move*. 
[Applause.]  Looking  upon  the  many  people  I  see  assem 
bled  hero  to  serve  as  they  best  may  the  soldiers  of  the 
Union,  it  occurs  to  me  that  three  years  ago  those  soldiers 
could  not  pass  through  Baltimore.  I  would  say,  bloMiij;* 
upon  the  men  who  have  wrought  these  changes,  and  the 
ladies  who  have  assisted  them.  [Applause.]  This  change 
which  has  taken  place  in  Baltimore  is  part  only  of  a  far 
wider  change  that  is  taking  place  all  over  tho  country. 

When  the  war  commenced  three  yours  ago,  no  one  ex 
pected  that  it  would  last  this  long,  and  no  one  supposed 
that  the  institution  of  slavery  would  be  materially  articled 
by  It.  But  here  we  arc.  [Applause.]  The  war  is  not  yet 
ended,  and  slavery  has  been  very  materially  affected  or 
interfered  with.  [Loud  applause  ]  So  true  is  it  that  man 
proposes  and  God  disposes. 

The  world  is  in  waut  of  a  good  definition  of  the  word 
liberty.  We  all  declare  ourselves  to  be  for  liberty,  but  we 
do  not  all  mean  the  same  thing.  Some  mean  that  a  man 


LEGISLATION,   ORDERS,    PROCLAMATIONS,    ETC. 


281 


can  do  as  he  pleases  with  himself  and  his  property.  [Ap 
plause.  ]  With  others  it  ineuns  that  some  men  can  do  as 
they  please  with  other  men  and  other  men's  labor.  Each 
of  these  things  arc  called  liberty,  although  they  are  entire 
ly  different.  To  give  an  illustration  :  A  shepherd  drives 
the  wolf  from  the  throat  of  his  sheep  when  attacked  by 
him,  and  the  sheep  of  course  thanks  the  shepherd  (or  the 
preservation  of  his  life  ;  hut  the  wolf  denounces  him  as  de 
spoiling  thu  sheep  of  his  liberty,  especially  if  it  be  a  black 
sheep.  [Applause.] 

This  same  difference  of  opinion  prevails  among  some  of 
lh<>  people  of  the  North.  But  the  people;  of  Maryland  have 
recently  been  doing  something  to  properly  define  the 
meaning  of  the  word,  and  I  thank  them  from  the  bottom 
of  m  heart  lor  what  they  have  done  aud  are  doing.  [Ap- 
p  ause.] 

It  is  not  very  becoming  for  a  President  to  make  a  speech 
at  great  length,  but  there  is  a  painful  rumor  afloat  in  the 
country  in  reference  to  which  a  few  words  shall  be  said.  It 
ie  reported  that  there  has  been  a  wanton  massacre  of  some 
hundreds  of  colored  soldiers  at  Fort  Pillow,  Tennessee, 
during  a  recent  engagement  there,  and  he  thought  it  fit  to 
explain  some  facts  in  relation  to  the  affair.  It  is  said  by 
some  persons  that  the  Government  is  not  in  this  matter  do 
ing  its  duty.  At  the  commencement  of  the  war  it  was 
doubtful  whether  black  men  would  bo  used  as  soldiers  or 
not.  The  matter  was  examined  into  very  carefully,  and 
after  mature  deliberation,  the  whole  matter  resting  as  it 
were  with  himself,  he  in  his  judgment  decided  that  they 
should.  [Applause.]  lie  was  responsible  for  the  act  to  the 
American  people,  to  a  Christian  nation,  to  the  future  his 
torian,  and,  above  all,  to  his  God,  to  whom  he  would  have 
one  day  to  render  an  account  of  his  stewardship.  [Ap 
plause.]  He  would  now  say  that  in  his  opinion  the  black 
soldier  should  have  the  same  protection  as  the  white  soldier, 
and  he  would  have  it.  [Applause.]  It  was  an  error  to  say 
that  the  Government  was  not  acting  in  the  matter.  The 
Government  has  no  direct  evidence  to  confirm  the  reports 
in  existence  relative  to  this  massacre,  but  he  himself  be 
lieved  the  facts  in  relation  to  it  to  be  as  stated.  When  the 
Government  does  know  the  facts  from  official  sources,  and 
they  prove  to  substantiate  the  reports,  retribution  will  be 
surely  given.  [Applause.]  What  is  reported,  ho  thought, 
would  make  a  clear  case.  If  it  is  not  true,  then  all  such 
stories  are  to  be  considered  as  false.  If  proved  true,  when 
the  matter  is  thoroughly  examined,  what  shape  is  to  be 
given  to  the  retribution?  Can  we  take  the  man  who  was 
c  sptured  at  Yicksburg  and  shoot  him  for  the  victim  of  this 
massacre  ?  If  it  should  happen  that  it  was  the  act  of  only 
one  man,  what  course  is  to  bo  pursued  then?  It  was  a  mat 
ter  requiring  careful  examination  and  deliberation,  and  if 
it  should  be  substantiated  by  sufficient  evidence  all  might 
rest  assured  that  retribution  would  be  had.  [Applause.] 


Confederate  Use  of  Colored  Persons. 

1861. 

A  dispatch  from  Charleston,  dated  January 
1.  18G1,  from  R.  R.  Riordau  to  Hon.  Perry 
Walker,  at  Mobile,  describes  the  preparations 
for  war,  and  contains  this  closing  paragraph : 
Large  gangs  of  negroes  from  plantations  are  at  work  on 
the  redoubts,  which  aro  substantially  made  of  sand-bags 
and  coated  with  sheet-iron. 

A  Washing1  on  dispatch  to  the  Evening  Post 
says: 

A  gentleman  from  Charleston  says  that  everything  there 
betokens  active  preparations  for  light.  The  thousand  ne 
groes  busy  in  building  batteries,  so  far  from  inclining  to 
insurrection,  were  grinning  from  ear  to  ear  at  the  prospect 
of  shooting  the  Yankees. 

The  Charleston  Mercury  of  January  3,  1861, 
announced : 

We  learn  that  one  hundred  and  fifty  able-bodied  free  col 
ored  men,  of  Charleston,  yesterday  offered  their  services 
gratuitously  to  the  Governor  to  hasten  forward  the  import 
ant  work  of  throwing  up  redoubts  wherever  needed  along 
our  coast. 

In  April,  the  Lynchburg  (Va.)  Republican 
announced : 

We  learn  that  about  seventy  of  the  most  respectable  free 
negroes  in  this  city  have  enrolled  themselves  and  design 
tendering  thoir  services  to  the  Governor,  to  act  in  whatever 
capacity  may  be  assigned  them  in  defence  of  the  State. 
Three  cheers  for  the  patriotic  free  negroes  of  Lynchburg. 

A  letter  in  the  Petersburg  (Va.)  Express, 
dated  at  Norfolk  on  the  23d  April,  says: 

The  negroes  in  all  this  section  of  the  country,  slave  and 


free,  are  as  loyal  as  could  be  desired.  They  freely  proffer 
their  services  to  the  State,  and  zealously  contend  for  the 
privilege  of  being  allowed  to  work  on  the  batteries.  Yes 
terday  Gen.  Gwynn  declined  the  services  of  three  hundred 
from  Hampton  who  solicited  employment  on  the  batteries, 
and  twice  and  thrice  that  number  could  be  obtained  in  thia 
city  and  vicinity  in  a  single  day,  if  it  was  thought  udvisablu 
to  accept  them.  Indeed,  the  entire  fortifications  of  this 
harbor  might  be  constructed  by  the  voluntary  labor  of  ne 
groes,  who  would  claim  no  higher  reward  than  the  privi 
lege  of  being  allowed  to  contribute  their  share  toward  tho 
defence  of  the  State,  and  the  protection  of  their  masters  and 
mistresses,  who  had  always  extended  a  sheltering  hand  over 
them. 

In  June,  the  rebel  Legislature  of  Tennessee 
passed  this  enlistment  bill,  which  became  a 
law : 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Tennessee,  That  from  and  after  the  passage  of  this  act  the 
Governor  shall  be,  and  ho  is  hereby,  authorized,  at  his  dis 
cretion,  to  receive  into  the  military  service  of  the  State  all 
male  free  persons  of  color  between  the  ages  of  fifteen  and 
fifty,  or  such  number  as  may  be  necessary,  who  mny  bo 
sound  in  mind  and  body,  and  ca.pal.do  of  actual  service.* 

2.  That  such  free  persons  of  color  shall  receive,  each,  eight 
dollars  per  month,  as  pay.  and  such  persons  shall  be  enti 
tled  to  draw,  each,  one  ration  per  day,  and  shall  be  entitled 
to  a  yearly  allowance  each  for  clothing. 

3.  That,  in  order  to  carry  out  the  provisions  of  this  act,  it 
shttll  be  tho  duty  of  the  sheriffs  of  the  several  counties  in 
this  State  to  collect  accurate  information  as  to  the  number 
and  condition,  with  the  names  of  free  persons  of  color  sub 
ject  to  the  provisions  of  this  act,  and  shall,  as  soon  as  prac- 
ticnblc.  report  the  same  in  writing  to  the  Governor. 

4.  That  a  failure  or  refusal  of  the  sheriffs,  or  any  one  or 
more  of  them,  to  perform  the  duties  required,  shall   be 
deemed  an  offence,  and  on  conviction  thereof  shall  be  pun 
ished  as  a  misdemeanor. 

5.  That  in  the  event  a  sufficient  number  of  free  persona 
of  color  to  meet  the  wants  of  tho  State  shall  not  tender 
their  services,  the  Governor  is  empowered,  through   the 
sheriffs  of  tho  different  counties,  to  press  such  persons  until 
the  requisite  number  is  obtained. 

6.  That  when  any  mess  of  volunteers  shall  keep  a  servant 
to  wait  on  the  members  of  the  mess,  each  servant  shall  be 
allowed  one  ration. 

This  act  to  take  effect  from  and  after  its  passage. 

w.  c.  WIIITTIIOKNE, 

Speaker  of  tlit,  Ilvuse  of  Hc2)resentatives. 

B.  L.  STOVALL, 
Passed  June  28, 1861.  Speaker  of  tlie  Senate. 

HOW    SLAVES    ARE    EMPLOYED    BY    THE  " CONFED- 


The  following  paragraph  appears  in  the  Mem 
phis  (Tennessee)  Avalanche  of  the  3d  of  Septem 
ber  : 

A  procession  of  several  hundred  stout  negro  men,  mem 
bers  of  the  "  domestic  institution,"  marched  through  our 
streets  yesterday  in  military  order,  under  command  of  Con 
federate  officers.  They  were  all  armed  and  equipped  witU 
shovels,  axes,  blankets,  &c.  A  merrier  s;;t  were  never  seen. 
They  were  brimfull  of  patriotism,  shouting  for  Jeff.  Davis 
and  singing  war  songs. 

The  Avalanche  of  the  7th  September  said 

Upwards  of  one  thousand  negroes,  armed  with  spades  and 
pickaxes,  have  passed  through  the  city  within  the  past  few 
days.  Their  destination  is  unknown,  but  it  is  supposed  that 
they  are  on  their  way  to  the  'other  side  of  Jordan." 

NEW  ORLEANS,  November  2i\. 

Over  twenty-eight  thousand  troops  were  reviewed  to-day 
by  Governor  Moore,  Major  General  Lovell,  and  Brigadier 
General  Rucgles.  The  line  was  over  seven  miles  long.  One 
regiment  comprised  1,400  free  colored  men. 

1862. 

THE  ENROLLMENT  OF   FREE   NEOROE8  IN  REBELDOM. 

In  the  Virginia  House  of  Delegates,  on  the 
4th  of  February,  on  the  subject  of  enrolling  free 
negroes  for  the  rebel  army,  the  following  debate 
took  place.  We  copy  the  official  report  of  the 
proceedings  from  the  Richmond  Examiner: 

The  bill  amending  the  Convention  act  for  the  enrollment 
of  free  negroes  was,  on  motion  of  Mr.  Prince,  taken  up. 
Among  the  amendments  in  this  bill  Mr.  Prince  called  at 
tention  to  the  one  allowing  ten  cents  for  each  negro  bO  en 
rolled  to  the  sheriff  or  officer  so  enrolling  them.  He  pro- 


282 


LEGISLATION,    ORDERS,   PROCLAMATIONS,   ETC. 


posed  to  strike  out  this  amendment  and  insert  in  lieu  of 
the  proposed  compensation  that  if  the  said  officers  fail  to 
comply  with  the  requisitions  of  this  law,  they  be  subjected 
to  a  penalty  of  not  less  than  fifty  nor  more  than  one  hun 
dred  dollars.  As  these  officers  were  exempt  from  military 
duty,  he  said,  it  was  about  as  little  as  they  could  do  to  per 
form  the  service  of  enrolling  the  free  negroes  of  their 
respective  counties  as  a  part  of  their  official  duties.  His 
amendment  was  adopted. 


Mr.   RIVES  proposed  that   tho  amendment  in   the  bill     , 


GEORGIA,  ALABAMA,  AND  MISSISSIPPI  SENTIMENT. 

[From  the  Savannah,  (Ga.)  News,  Sept   2.] 

EMPLOYMENT  OF  XEOEOEfl  IV  TUE  REBEL  ARMY. 

A  joint  coannittee  of  the  Alabama  Legislature,  just  ad 
journed,  reported  a  resolution  in  favor  of  the  propositiou 
to  employ  slaves  in  the  military  service  of  the  Conf  derate 
States,  which  proposition,  we  see,  is  favored  by  many  of 
the  presses  of  Mississippi  and  Alabama.  After  discussion 


specting  the  term  of  the  enlistment  of  negroes  be  amended 
to  make  the  term  ninety  days,  instead  of  a  hundred  and 
eighty.  His  reason  for  this  was  the  fact  that  the  families 
of  many  of  the  free  negroes  so  enlisted,  having  no  other 
means  of  support,  would,  as  had  been  the  case  in  his  own 
county,  suffer  very  much  from  want. 

Mr.  PRINCE  agreed  to  compromise  with  the  gentleman  on 
one  hundred  and  twenty  days. 

Mr.  ANDEP.SOX,  of  Uotetourt,  hoped  that  the  amendment 
would  not  pass.  One  hundred  and  eighty  days  were  only 
six  months;  and  if  white  men  could  be  drafted  for  two 
years,  he  saw  no  reason  why  free  negroes  should  be  entitled 
to  such  charitable  discrimination. 

Mr.  RIVES  replied  that  he  made  the  proposition  from  no 
particular  friendship  to  free  negroes;  if  it  were  in  his 
power,  lie  would  amvcrt  them  all  into  slaves  to-morrow.  But 
it  was  simply  to  call  the  attention  of  the  House  to  the  fact 
that,  in  his  own  county,  many  severe  cases  of  suffering  had 
occurred  among  the  families  of  free  negroes  from  this  cause, 
and  he  thought  that  possibly  some  alleviation  might  be 
brought  about  by  the  amendment  proposed. 

The  amendment  was  rejected,  and  the  bill 
was  then  ordered  to  its  engrossment. 

In  the  debate  in  the  Rebel  Congress,  March 
10,  Mr.  FOOTE  of  Tennessee,  alluding  to  the  fall 
of  Nashville,  said : 

Gen.  Johnston  had  called  for  1,000  or  1,500  slaves  to  work 
on  the  fortifications,  and  that  the  call  had  been  fully 
answered,  when  Nashville  was  surrendered. 

DRAFT  OF  NEGROES  FOR  MILITARY  SERVICE. 

[From  the  Richmond  Examiner,  October  18, 1862.] 
We  notice  that  in  Texas,  and  in  some  portions  of  the  Mis 
sissippi  valley,  the  proposition  is  urged  to  make  a  conscrip 
tion  or  forced  levy  of  slaves,  where  their  labor  is  necessary 


of  sixty-eight  yeas  to  twelve  nays,  after  striking  out  ttie 
words  "military"  before  service,  and  •'  soldiers"  at  the 
end  of  the  resolution.  The  resolution  was  amended  and 
read  as  follows  : 

That  it  is  the  duty  of  Congress  to  provide  by  law  for  the- 
employment  in  the  service  of  tho  Confederate  Suites  of 
America,  in  such  situations  and  in  such  numbers  as  may 
be  found  absolutely  necessary,  the  able-bodied  ^iavea  of 
the  country,  whether  as  pioneers,  sappers  and  miners, 
cooks,  nurses  and  teamsters. 

In  this  form  we  can  see  no  objection  to  the  resolution. 

THE  CHANGING  SENTIMENT  OF  CONGRESS. 

In  the  Rebel  House  of  Representatives,  De 
cember  29th,  Mr.  DAHGAN,  of  Alabama,  intro 
duced  a  bill  to  receive  into  the  military  service 
all  that  portion  of  population  in  Alabama,  Mis 
sissippi,  Louisiana,  and  Florida,  known  as 
"  Creoles." 

Mr.  Dargan  supported  the  bill  in  some  remarks.  He  said 
the  Creoles  were  a  mixed-blooded  race.  Under  the  treaty 
of  Paris  in  1803,  and  the  treaty  of  Spain  in  1810,  they  were 
recognized  as  freemen.  Many  of  them  owned  large  cstai  •-. 
and  were  intelligent  men.  They  were  as  much  devoted  to 
our  cause  as  any  class  of  men  in  the  South,  and  were  even 
anxious  to  go  into  service.  They  had  applied  to  him  to  be 
received  into  service,  and  he  had  applied  to  Mr.  Randolph, 
then  Secretary  of  War.  Mr.  Randolph  decided  a  gainst  the 
application,  on  the  ground  that  it  might  furnish  to  the 
enemy  a  pretext  of  arming  our  slaves  against  us.  Some 
time  after  this  he  was  again  applied  to  by  them,  and  he 
went  to  the  present  Secretary  of  War,  Mr.  Seddon,  and  laid 
tho  matter  before  him.  Mr.  Seddon  refused  to  entertain  tin- 
proposition,  on  the  ground  that  it  did  not  come  up  before 
him  through  the  military  authorities.  To  obviate  this  ob- 


e  boum  tlio  Yankees  i  jection  Oc-n.  Maury,  at  Mobi 
oes,  and  made  them    Jtheh.  w'isht.s  to  lho'vfal  D<.p. 


le,  soon  afterwards  represented 


for  the  armv.    Since  the  invasion  of  the  South  tho  Yankees 

have  stolen  tana  of  thousands  of  negroes,  and  made  them  .  their  wishe[.  tu  tho  Wlir  Department.  Mr.  S,-ddou  refused 
uselul  us  teamsters,  laborers  in  camp,  Ac.  It  appears  that  tho  off(jr  of  their  servlces  £  the  groun(1  that  it  ,vould  ,„. 
slaveholders  are  averse,  for  some  reasons,  to  hire  their  no-  inf.nmiv.tihlp  with  flip  noKitinn  WP  ,„•,  m,',  ,l  b<>forp  tht* 
groes  in  the  Confederate  army.  The  prejudice  is  certainly  ^J ?ttat  it  roSd  not  be  clone 

an  ignorant  and  mean  one.  As  the  war  originated  and  is  Mr.  Dar-an  said  he  differed  with  the  Secretary  of  War. 
carried  on  in  great  part  for  the  defence  of  the  slaveholder  |  IIe  (,aml  £ot  for  „  tho  wodd  „  IIe  carod  ,,0  mon;  for  their 
in  his  property,  rights,  and  the  perpetuation  of  the  mstitu-  I  OI)jnion8  than  they  did  for  ours.  He  was  anxious  to  bring 
tion,  it  is  reasonable  to  suppose  that  he  ought  to  be  first  |  j£  •  every  free  man,  be  he  who  he  nwv,  willin-  to 

(1  assisting,  by  every  means  m  his  |  striko  for  our  C;^1S0.    IIe  'saw  I1O  objection  to  i-mpluv  ing 


power,  the  triumph  and  success  of  our  arms.  Good  wage 
are  offered,  and  proper  care  and  attention  will  be  given 
every  negro  hired  to  the  army,  and  the  slaveholder  ought 
to  remember  that  for  every  negro  he  thus  furnishes  he  puts 
a  soldier  in  tho  ranks. 

November  2 — Governor  Joseph  E.  Brown,  of 
Georgia,  issued  a  call  announcing  that  if  a 
sufficient  supply  of  negroes  be  not  tendered 
within  ten  days,  General  Mercer  will,  in  pur 
suance  of  authority  given  him,  proceed  to  im 
press,  and  asking  of  every  planter  of  Georgia 
a  tender  of  one  fifth  of  his  negroes  to  complete 
the  fortifications  around  Savannah.  This  one 
fifth  is  estimated  at  15,000. 

1863. 

This  paragraph  was  published  in  the  New 
York  Times,  July  15,  1862  : 

The  Adjutant  General  of  the  Confederate  States  publishes 
a  general  order  from  tho  Rebel  War  Department,  directing 
iccruitiug  Oflicers,  duly  accredited,  to  drtift  every  white 
or  mulatto  male  found  throughout  the  South  who  is  able  to 
boar  arms,  and  who  i£  between  the  ages  of  twenty  and 
iiity-tivo  years,  whether  such  persons  may  have  obtained 
substitutes  for  themselves  or  not ;  and  willful  evasion  of 
this  order  is  to  bo  severely  punished. 

The  Governor  of  South  Carolina  in  July,  is 
sued  a  proclamation  for  3,000  negroes  to  work 
on  the  fortifications,  "the  need  for  them  being 
pressing." 


Creoles;  they  would  form  a  patent  element  in  our  army. 
In  his  district  alone  a  brigade  of  them  could  be  raised. 
The  crisis  had  been  brought  upon  us  by  the  enemy,  and  he 
believed  the  time  would  yet  come  when  the  question  would 
not  be  the  Union  or  no  Union,  but  whether  Southern  men 
should  be  permitted  to  live  at  all.  In  resisting  subjuga 
tion  by  such  a  barbarous  foe  he  was  for  employing  all  uur 
available  force.  He  would  go  further  and  say  i/.at  lie  wax 
for  arming  and  putting  the  slaves  into  the  military  service. 
He  was  in  favor  even  of  employing  them  as  a  military  urn 
in  tfie  defence  of  the  country. 

1864. 

[From  the  Charleston  Courier  of  January  27-1 
NEGRO  LABOrt  UPON  FORTIFICATIONS. 

The  Mayor  of  Charleston,  Charles  Macbeth,  summons  all 
slaveholders  within  the  city  to  furnish  to  the  military  au 
thorities  forthwith,  one-fourth  of  all  their  male  slaves  be 
tween  the  ages  of  fifteen  and  fifty,  to  labor  upon  tho  fortifi 
cations.  The  penalty  announced,  in  case  of  failure  to  com 
ply  with  this  requisition  is  a  fine  of  $'200  for  every  slave 
not  forthcoming.  Compensation  is  allowed  at  the  rate  of 
$400  a  year. 

All  free  male  persons  of  color  between  the  ages  of  fifteen 
and  fifty  are  required  to  give  themselves  up  for  the  same 
purp  «e.  Those  not  complying  will  be  imprisoned,  and  set 
to  work  upon  the  fortifications  along  the  coast.  To  free 
negroes  no  other  compensation  than  rations  »»  allowed. 

NEGKOES  IN  THE  ARMY. 

The  Richmond  press  publish  the  official  copy 
of  "  An  act  to  increase  the  efficiency  of  the  army 
by  the  employment  of  free  negrors  and  slaves 
in  certain  capacities,"  passed  Feb.  17,  by  the 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


'283 


Rebel  Congress.     The  negroes  are  to  perform 
"such   duties  as  the  Secretary  of  War  or  Com 
manding  General  may  prescribe."    The  first  sec 
tion  is  as  follows  : 

ffif.  Congress  f>f  the  Confederate  States  of  America  do  en 
act,  That  all  male  free  negroes,  and  other  free  persons  oi 
color,  not  including  thos«  who  are  free  under  the  treaty  of 
Paris,  of  18d3,  or  under  the  treaty  of  Spain,  of  1819,  resident 
in  the  Confederate  States,  between  the  ages  of  eighteen  and 
fifty  years,  shall  be  held  liable  to  perform  such  duties  with 
the  army,  or  in  connection  with  the  military  defences  of 
the  country,  in  the  way  of  work  upon  the  fortifications,  or 
in  government  works  for  the  production  or  preparation  of 
materials  of  war,  or  in  military  hospitals,  as  the  Secretary 
of  War  or  the  Commanding  General  of  the  Trans-Mississippi 
Department  may,  from  time  to  time,  prescribe;  and  while 
engaged  in  the  performances  of  s.ch  duties  shall  receive 
rations  and  clothing  and  compensation  at  the  rate  of  eleven 
dollars  a  month,  under  such  rules  and  regulations  as  the 
»aid  Secretary  may  establish  :  Provided,  That  the  Secretary 
of  War  or  the  Commanding  General  of  the  Trans-Mississippi 
Department,  with  the  approval  of  the  I 'resident,  may  ex 
empt  from  the  operations  of  this  act  such  free  negroes  as 
the  interests  of  the  country  may  require  should  be  exempt 
ed,  or  such  «s  he  may  think  proper  to  exempt  on  the  ground 
of  justice,  equity  or  necessity. 

The  third  section  provides  that  when  the  Secretary  of 
War  shall  be  unable  to  procure  the  sen-ices  of  slaves  in  any 
military  department,  then  he  is  authorized  to  impress  the 
services  of  as  many  male  slaves,  not  to  exceed  twenty  thou 
sand,  as  may  be  required,  from  time  to  time,  to  discharge 
<ue  duties  indicated  in  the  first  section  of  the  act. 

The  owner  of  the  slave  is  to  be  paid  for  his  services;  or,  if 
be  be  killed  or  "escape  to  the  enemy,"  the  owner  shall  re 
ceive  his  full  value. 

Governor  Smith,  of  Virginia,  has  made  a  call  for  five 
thousand  male  slaves  to  work  on  the  batteries,  to  be  drawn 
from  fifty  counties.  The  call  for  this  force  has  been  made 
by  the  President  under  a  resolution  of  Congress. 

General  Magruder's  proclamation  to  Texans, 
March  4,  thus  closes  : 

The  slaveholding  gentlemen  of  each  county  are  respect 
fully  requested  to  meet  together  at  their  respective  county 
seats,  or  some  convenient  point,  and  appoint  one  or  more  o*f 
their  number  to  accompany  their  negroes  to  Houston,  and 
see  that  they  are  made  comfortable.  One-fourtli  of  all  the 
male  hands  between  the  ages  of  seventeen  and  fifty  years  in 
each  county,  without  regard  at  this  time  to  the  numbers 
which  have  been  previously  furnished,  will  accomplish  the 
purpose  of  fortifying  Houston  within  a  short  time ;  and 
planters  and  all  others  are  assured  that  the  necessity  of  this 
course  is  manifest  to  the  Major  General  commanding,  and 
could  be  made  so  to  them,  but  that  his  plans  would  thus  be 
made  known  to  the  enemy. 

By  command  of  Maj.  Gen.  J.  Bankhead  Magruder : 

EDMUND  P.  TURNER,  A.  A.  Gen. 

HOUSTON,  March  4, 18&4. 

"  CONFEDERATE"  LEGISLATION  UPON  NEGRO  PRI 
SONERS  AND  THEIR  WHITE  OFFICERS  WHEN 
CAPTURED.* 

1863,  May  1 — An  act  was  approved  declaring 
that  the  commissioned  officers  of  the  enemy 
ought  not  to  be  delivered  to  the  authorities  of 
the  respective  States,  (as  suggested  in  Davis's 
message ;)  but  all  captives  taken  by  the  Con 
federate  forces  ought  to  be  dealt  with  and  dis 
posed  of  by  the  Confederate  Government. 

President  Lincoln's  emancipation  proclama 
tions  of  September  22,  1862,  and  January  1, 
1863,  were  resolved  to  be  inconsistent  with  the 
usages  of  *var  among  civilized  nations,  and 
should  be  repressed  by  retaliation  ;  and  the 

*  December  23, 1862— Jefferson  Davis  issued  a  proclama 
tion  of  outlawry  against  Major  General  B.  F.  Butler,  the 
last  two  clauses  of  which  are: 

Third.  That  all  negro  slaves  captured  in  arms  be  at  once 
delivered  over  to  the  executive  authorities  of  the  respective 
States  to  which  they  belong,  to  be  dealt  with  according  to 
the  laws  of  said  States. 

Fourth.  That  the  like  orders  be  executed  in  all  cases  with 
respect  to  all  commissioned  officers  of  the  United  States 
•when  found  serving  in  company  with  said  slaves  in  insur 
rection  against  the  authorities  of  the  different  States  of  this 
Confederacy. 


President  is  authorized  to  cause  full  and  com 
plete  retaliation  for  every  such  violation,  in 
such  manner  and  to  such  extent  as  he  may  think 
proper. 

Every  white  commissioned  officer  command 
ing  negroes  or  mulattoes  in  arms  against  the 
Confederate  States  shall  be  deemed  as  inciting 
servile  insurrection,  and  shall,  if  captured,  be 
put  to  death,  or  be  otherwise  punished,  at  the 
discretion  of  the  court. 

Every  person  charged  with  an  offence  mnde 
punishable  under  the  act  shall  be  tried  by  the- 
military  court  of  the  army  or  corps  of  troops 
capturing  him  ;  and,  after  conviction,  the  Presi 
dent  may  commute  the  punishment  in  such  manner 
and  on  such  terms  as  he  may  deem  proper. 

All  negroes  and  mulattoes  who  shall  be  en 
gaged  in  war  or  taken  in  arms  against  the  Con 
federate  States,  or  shall  give  aid  or  comfort  to- 
the  enemies  of  the  Confederate  States,  shall, 
when  captured  in  the  Confederate  States,  be 
delivered  to  the  authorities  of  the  State  or  States 
in  which  they  shall  be  captured,  to  be  dealt 
with  according  to  the  present  or  future  laws  of 
such  State  or  States.  (See  Appendix.) 

PROPOSED  PROHIBITION  OF  PAYMENT  TO  COLORED 
SOLDIERS. 

First  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

Pending  the  army  appropriation  bill  in  the 
House, 

1861,  July   11 — Mr.    VALLANDIGHAM   offered 
this  proviso  to  come  in  at  the  end  of  the  bill  : 

Provided,  That  no  part  of  the  money  hereby  appropri 
ated  shall  be  employed  in  subjugating,  or  holding  as  a  con 
quered  province,  any  sovereign  State  now  or  lately  one  of 
the  United  States;  nor  in  abolishing  or  interfering  with 
African  slavery  in  any  of  the  States. 

Which  was  rejected,  without  a  call  of  the 
yeas  and  nays. 

Second  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

1862,  June  2 — Mr.  SAULSBURY  offered  this 
additional  section: 

That  no  part  of  the  money  arising  from  the  taxes,  im 
posts,  and  excises  in  this  bill  provided  for,  shall  be  applied 
to  or  expended  for  the  support  or  maintenance  of  fugitive 
slaves  or  free  negroes. 

Which  was  rejected — yeas  5,  nays  34,  as  fol 
lows  : 

YEAS— Messrs.  Davis,  JVesmith,  Powell,  Saulsbury,  Stark 
— 5. 

NAYS— Messrs.  Anthony,  Browning,  Chandler,  Clark, 
Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Hale,  Harlan,  Harris,  Howard,  Howe,  King,  Lane  of  Indi 
ana,  Lane  gf  Kansas,  Latham,  McDcuffaU,  Morrill,  Pomcroy, 
Sherman,  Simmons,  Stunner,  Thomson,  Trumlmll,  Wade 
Wilkinson,  Willey,  Wilmot,  Wilson  of  Massachusetts,  Wright 

June  6— Pending  the  internal  revenue  bill, 
Mr.  DAVIS  offered  this  as  a  new  section : 
That  no  money  raised  under  this  act  shall  ever  be  applied 
to  pay  or  subsist  .any  armed  negroes  in  the  service  ot  the 
United  States  for  any  period  of  time  after  it  goes  into  op<  na 
tion  and  effect. 

Which  was  rejected  without  a  division. 

Third  Session.  Thirty-Seventh  Congress. 

IN  SENATE. 
Pending  the  army  appropriation  bill, 


284 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


1863.  Jan.  28— Mr.  DAVIS  moved  to  add  this 
proviso  to  the  bill  : 

Provided,  Tliatno  part  of  the  Bums  appropriated  by  this 
act  shall  bo  disbursed  for  the  pay,  subsistence,  or  any  other 
supplies  of  any  negro,  free  or  slave,  in  the  armed  military 
service  *f  the  United  States. 

Which  was  rejected — yeas  8,  nays  28,  as  fol 
lows  : 

YEAS — Messrs.  Carlile,  Davis,  Kennedy,  Latham,  Nesmith, 
Powell,  Tuijrie,  Wall— 8. 

NAYS — Messrs.  Anthony,  Browning,  Chandler, Clark,  Col- 
laru-  r,  Cowan,  Dixon,  Doolittlo,  Fessenden,  Foot,  Foster, 
<irimos,  Hale,  Harlan,  Harris,  Howe,  King,  Lane  of  Indi 
ana,  Lane  of  Kansas,  Morrill,  Pomoroy,  Sherman,  Sunnier, 
Ten  Eyck,  Trurobull,  Wilkinson,  Willey,  Wilson  of  Mas 
sachusetts— 28. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1863,  December  21 — Pending  the  deficiency 
bill,  Mr.  HARDING  offered  an  amendment : 

Provided,  That  no  part  of  the  moneys  aforesaid  shall  be 
applied  to  the  raising,  arming,  equipping,  or  paying  of  ne 
gro  soldiers. 

Which  was  disagreed  to— yeas  41,  nays  105. 
The  YEAS  were : 

Messrs.  Ancona,  Bliss,  James  S.  Brmvn,  Coffroth,  Cox,  Daw- 
son,,  Denison,  Eden,  Edyerton,  Eldridnc,  Finck.  Gridcr,  Halt, 
Harding,  Harrington,  Benjamin  G.  Harris,  Charles  M.  Har 
ris,  Philip  Johnson,  William  Johnson,  King,  Knapp,  Law, 
Long,  Marcy,  McKinncy,  William  II.  Miller,  James  If.  Mor 
ris,  Morrison,  Noble,  John  O'Neill.  Pcndleton,  Samuel  J. 
Randall,  Rogers,  Ross,  Scott,  Stilts,  Strouse,  Stuart,  Chilian 
A.  White,  Joseph  W.  White,  Ycaman—il. 

1864,  March  21 — Pending   the   army   appro 
priation  bill — On  concurring  in  the  amendment 
made  in   Committee  of  the  Whole,  viz.,  to  add 
to  the  end  of  the  bill  the  words : 

Provided,  That  no  part  of  the  money  herein  appropriated 
shall  be  applied  or  used  for  the  pin-pose  of  raising,  arming, 
•equipping,  or  paying  negro  soldiers. 

The  yeas  were  18,  nays  81.  The  YEAS 
were  : 

Messrs.  Ancona,  Dawson,  Denison,  Eldridge,  Harding, 
Harrington,  Benjamin  G.  Harris,  Long,  Mallory,  Marcy, 
Win.  II.  Miller,  Morrison,  Samuel  J.  Randall,  James  S.  Rol 
lins,  Ross,  Stiles,  Stuart,  Wadsworth — 18. 

Of  the  Democrats,  Messrs.  Baily,  Augustus 
C.  Baldwin,  Kernan,  OdelL  Radford,  Stebbins, 
Wheeler,  and  Winfield  voted  nay. 


Homesteads  For  Soldiers. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1863,  December  17  —  Mr.  WILSON  offered  the 
following  ;  which  was  agreed  to  : 

Resolved,  That  the  Committee  on  Public  Lands  be  in 
structed  to  inquire  what  legislation  in  necessary  to  enable 
persons  in  the  military  and  naval  service  of  the  United 
!Staf<;s  to  a7ail  themselves,  while  engaged  in  said  service,  of 
the.  be:i«;fit«  of  the  homeetead  act,  and  to  report  by  bill  or 
otherwise. 

1864,  May    11  —  The  House  considered  the 
bill  to  secure  to  persons  in  the  military  or  naval 
se.vice  of  the  United   States,  homesteads  from 
confiscated  estates  in  insurrectionary  districts  ; 
and 

May  12  —  Passed  it  —  yeas  76,  nays  65,  as  fol 
lows  :  * 


Alley,  Allison,  Ames,  Anderson,  Ashley, 
John  D.  Baldwin,  Baxter,  Beamaii,  Boutwell,  Boy  d.  Bran  - 
ilegee,  Brooinall.  Ambrose  W.  Clark,  freeman  Clarke,  Cole, 
Cre&vveil,  Henry  Winter  Davis,  Dawes,  Doming,  Driggs, 
Farnsworth,  Fen  ton,  Garfleld,  Gooch,  Grinuell,  Hale, 
Hlgby,  Hooper,  llotchkiss,  Isabel  W.  Hnbbard,  John  H. 
Hubbard,  Htriburd,  Jenckes,  Julian.  Kel.ey,  Francis  W. 


Kollogg,  Orlando  Kellogg,  Littlejohn,  Loan,  Longyear, 
McBride,  Mcdurg,  Mcindoe,  Samuel  F.  Miller,  Moorhead, 
Morrill,  Daniel  Morris,  Amos  Slyers,  Leonard  Myers,  Nor 
ton,  Charles  O'Noi;!,  Orth,  Patterson,  I'erham,  Pike.  I'ome- 
r.>y,  Price,  Alexander  II.  Rice,  John  H.  Rice,  Edward  H. 
Rollins,  Schtnck,  Scofield,  Shannon,  Sloan,  Sumliers, 
Spalding,  Stevens,  Tracy,  Upson,  Van  Valkenburgh,  Eliihu 

B.  Wasbburne,    William    B.   Washburn,    Wilder,  Wilson, 
Wiudom,  WoodbridKe— 76. 

NAYS — Messrs.  William  J.  Allen,  Ancona,  Baily,  Augustus 

C.  Baldwin,  Jacob  B.  Blair,  Bliss,  Brooks,  James  S.  Brown, 
W.  G.  Brown,  Chanler,  Coffroih,  Cox,  Cravens, Dawson,  Eden, 
Edgerton,  Eldridne,  English,  Finck;  Grider,  Griswold,  Hall, 
Harding,  Harrington,  Benjamin  G.  Harris,  Her  rick,  Hutch- 
ins,  Philip  Johnson,  William  Johnson,  KaUffleuch,  Ktrnan, 
King,  Law,  Lazear,  Long,  Mallory,  Marcy,  McAllister,  Mc 
Dowell,  McKinney,  Middlelon,  William  H.  Miller,  James  R. 
Morris,  Morrison,  Nelson,  Noble,  Odcll,  John   O'Neill,  Pen- 
dletvn,  Pruyn,  Robinson,  James  S.  Rollins,  Ross,  Scott,  John 
B.  Stede,  Stiles.  Slrouse,  Stuart,  Thomas,    V-x.rhtes,    Wads- 
worth,  Whaiey,  Wheeler,  Fernando   W<x>d,  Yeaman — 65. 

The  bill  provides  that  all  persons  who  have 
served,  or  may  honorably  serve  in  the  army  or 
navy  of  the  United  States  for  two  years  during 
the  present  rebellion,  or  have  been  or  shall  be 
discharged  by  reason  of  wounds  or  disease, 
shall  be  entitled  to  enter  eighty  acres,  or  less  ; 
and  all  who  have  rendered  or  shall  render  hon 
orable  service  as  soldiers  or  sailors  in  the  army 
or  navy,  or  as  laborers  therein,  shall  be  enti 
tled  to  forty  acres,  of  all  lands  condemned  un 
der  the  confiscation  act  of  July  17,  1862,  and 
its  amendments,  und  of  all  lands  sold  under 
the  internal  revenue  law,  and  the  direct  tax 
law  for  insurrectionary  districts.  No  distinc 
tion  of  color  or  race  shall  be  made.  In  case  of 
the  death  of  the  person  entering  lands,  the  re 
quired  proof  and  payments  may  be  made  by 
his  legal  representatives. 

This  bill  was  not  taken  up  in  the  Senate. 

PREVIOUS  ACTION  ON  THE  SUBJECT 

1864,  March  18 — The  House  considered  Sen 
ate  bill  amendatory  of  the  homestead  law  and 
for  other  purposes,  when 

Mr.  HOLMAN  offered  the  Allowing  amendment: 

Provided,  however,  That  no  non-commissioned  officer  or 
private  soldier  or  seaman  who  shall  be  at  the  time  of  such 
entry  in  the  military  or  naval  service  of  the  United  States, 
or  who  shall  have  been  in  such  service  for  a  period  not  leaa 
than  three  months  and  honorably  discharged  therefrom, 
shall  be  required  to  pay  the  ten  dollars  foe  or  the  commis 
ns  mentioned  in  this  act  and  the  act  to  which  this  is  an 
amendment:  And  provided  further,  That  any  such  non 
commissioned  officer,  private  soldier,  or  seaman,  being  a  cit 
izen  of  the  United  States,  or  having  declared  his  intention 
to  become  a  citizen  thereof  in  conformity  with  law,  and 
having  served  in  the  military  or  naval  service  of  the  United 
States  for  a  period  of  not  less  than  two  years  and  been  hon 
orably  discharged,  having  made  an  entry  of  land  in  con 
formity  with  this  act  and  the  act  to  which  this  is  amenda 
tory,  shall  be  entitled  to  the  patent  therefor  at  tiny  time 
after  having  resided  on  and  cultivated  such  land  for  a  pe 
riod  of  one  year,  and  the  widow,  if  unmarried,  or  if  no 
widow,  the  children  of  such  non-commissioned  officer,  pri 
vate  soldier,  or  seaman,  shall  bo  entitled  to  such  patent  on 
Like  condition. 

Which,  was  disagreed  to — yeas  54,  nays  58, 
as  follows  : 

YEAS — Messrs.  James  C.  Allen,  Ancona,  Anderson,  Aitgus- 
'us  C.  Baldwin,  Jacob  B.  Blair,  BUss,  James  S.  Brown,  Cltan- 
\er,  Clay,  Coffroth,  Croswcll,  Dawson,  Di'ni.-'on,  Dumont, 
Khlri'li/e,  Hall,  Harding,  JJitrrhif/ton,  CliarlfS  M.  Han-is, 
Hrrrick.  Holman,  Kidbjleiscli,  Kernan,  Law,  Long,  Mallory , 
Marcy,  Middletnn,  Daniel  Morris,  M  >rrison,  Amos  Myers. 
Aobb;  Odell,  John  O' Neiil,  Ortli,  J'cndl<-t,,,i,  J'rrry,  Pruyn, 
Rad/brd,  Samuel  J.  Randall,  James  S.  Rollins,  Ross,  Smith. 
SteboiiU,  John  B,  Stecle,  Stiles,  Strouse,  Stuart,  Wudswnrth, 
Ward,  Webster,  Whaiey,  Wheeler,  Yeaman— 54. 

NAYS— Messrs.  Alley,  Allison,  Ames,  Ashley,  John  D. 
Baldwin,  Baxter.  Beaman,  Houtwell,  J5rand-gee,  Brooinall, 
Ambrose  U.Clark,  Cobb,  Cole,  Henry  Winter  Davis,  Thomiis 
1\  Davis,  Dawes.  Deminc,  Donnelly,  Driggs,  Eckley,  Eliot, 
Fenton,  Frank.  Gooch,  lligby,  llotchkiss,  John  II.  Hubbard, 


LEGISLATION7,    ORUERS,    PROCLAMATIONS,    ETC. 


285 


Julian,  Kasson,  Kelloy,  Francis  W.  Kellogg,  Loan,  Long- 
year,  Marvin,  McBride,  McOliirg,  Siimuel  F.  Miller,  Moor- 
bead  Leonard  Myers,  Norton,  Perham,  Tike,  Price,  Alcxan- 
«]«M-  H  Rice  John  II.  Rice,  Seheuck,  BcoflelU,  Shannon, 
taithen,  Snaldinjr,  Starr,  Stevens,  Thayer,  Upson,  ElliLu 
B.  Washburne,  Wilder,  Wilson,  Windom — 58. 
The  bill  then  passed. 

Unemployed  Generals. 

1863,  December  13 — Mr.  FARNSWORTH  offered 
this  resolution,  which  was  agreed  to  : 

Resolved,  That  the  Secretary  of  War  be  directed  to  inform 
this  House  of  the  names,  number,  pay,  and  emoluments  of 
major  generals  and  brigadier  generals  of  volunteers,  and  of 
the  regular  urmy,aml  their  staffs  respectively,  not  on  duty, 
and  the  length  of  time  which  has  elapsed  since  each  of  them 
has  been  relieved  from  duty,  and  which  of  them,  and  how 
many,  are  not  now  on  duty  in  consequence  of  wounds  or 
disability  incurred  in  the  service. 

The  Secretary  of  War  replied,  substantially, 
that  twenty-five  general  officers — fourteen  ma 
jor  generals  and  eleven  brigadier  generals — 
were  entirely  unemployed,  and  that  certain 
officers  of  their  personal  staffs  were  also  unem 
ployed  w  th  them,  numbering  twenty-five.  At 
the  same  time  another  list  was  furnished  of 
general  officers  on  duty  who  were  not  actually 
commanding  or  serving  with  troop",  amounting 
in  number  to  tbirry-nine,  making  an  aggregate 
of  eighty-nine  officers  reported  as  being  either 
unemployed  altogether  or  not  employed  in  the 
command  of  troops. 

A  similar  resolution  was  adopted  in  the  Sen 
ate,  on  motion  of  Mr.  TUUMBULL: 

Resolved,  That  the  Secretary  of  "War  be  directed  to  fur- 
uish  the  Senate  with  the  names  of  all  the  major  and  briga 
dier  generals  who  are  without  commands  equal  to  a  brigade, 
each  has  been  without  such  command, 
and 
wi-  what  rank,  and  what  amount  of  pay,  including  commu 


•tating  how  long  each  has  been  withoi 
and  whether  each  has  a  staff;  and  if  so,l 


tations  and  rations,  each,  including  those  of  his  staff,  has 
been  receiving  while  so  without  a  command;  and  also  that 
he  inform  the  Senate  how  many  major  and  brigadier  gen 
erals  are  in  command  of  departments,  districts,  and  posts 
in  the  loyal  States ;  and  whether  any  necessity  exists  that 
requires  that  these  departments,  districts,  and  posts  should 
be  commanded  by  officers  of  such  high  rank,  with  their 
numerous  and  expensive  staffs. 

18G4»  January   18 — Mr.  HOLMAN  offered  this 
preamble  and  resolution  ;  which  were  agreed  to : 

Whereas  this  House  has  been  officiary  informed  that  a 
large  number  of  officers  of  thearmy,  includinga  number  of 
major  and  brigadier  generals,  have  been  for  a  long  period 
of  time,  relieved  from  active  service,  while  still  receiving 
the  f  .11  pay  pertaining  to  their  rank;  and  whereas  such 
policy,  while  embarrassing  to  the  officers  so  relieved,  is 
manifestly  ur  just  to  the  country,  and  interferes  with  just 
und  proper  promotions  in  the  army  :  Therefore, 

L'tsolre  /,  That,  in  tho  judgment  (,f  this  House,  the  policy 


in  the  military  service  or  while  a  prisoner.    This 
to  vacate  volunteer  commissions  only. 

Mr.  Cox  moved  to  add  this  proviso  : 
Provided,  That  when  any  officer  comprehended  in  ihi» 
act  shall  demand  a  board  of  inquiry  according  to  the  rules 
and  regulations  in  such  cases,  and  who  shall  be  willing  to 
serve,  that  such  board  shall  be  forthwith  convened:  and  if 
said  board  shall  find  him  competent  to  command  in  the 
rank  to  which  he  is  entitled,  ho  shall  be  at  once  restored  to 
active  service  with  full  pay :  And  provided  further,  That 
all  officers  who  have  received  the  thanks  of  Congress  dur 
ing  tho  present  war  shall  be  exempted  from  the  provision* 
of  this  act. 

Which  was  disagreed  to— yeas  46,  nays  69. 

Mr.  KERNAN  offered  a  substitute  providing 
for  a  board  to  examine  into  the  competency, 
fitness,  and  efficiency  of  major  and  brigadier 
generals,  as  described  in  the  joint  resolution  ; 
and  each  officer  found  by  the  board  to  be  inca 
pable  of  properly  and  efficiently  following  hi& 
duties  shall  be  dropped,  &c.  ;  which  was  dis 
agreed  to — yeas  50,  nays  69. 

The  joint  resolution  was  then  passed — yeas 
72,  nays  45.  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  1).  Baldwin,  Baxter,  Beaman,  Jacob  B. 
Blair,  Boutwell,  Boyd,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cole,  Creswell.  Henry  Winter  Davis,  Deining,  Driggs,  Eliot, 
Farnsworth,  Garfield,  Gooch,  Grinnell,  Iligby,  llotchkiss, 
Jenckes,  Julian,  Kasson.  Kelley,  Francis  W.  Kellogg,  Lit- 
tlejohn,  Loan,  Longy ear,  McBride,  McClurg,Mdndoe,  Moor- 
head,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard  Myers, 
Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham,  Pike, 
Pomeroy,  Price,  William  II.  Randall,  Alexander  H.  Rice. 
John  II.  Rice,  Edward  II.  Rollins,  Schenck.  Scofield,  Shan 
non,  Sloan.  Smithers,  Spalding,  Thomas,  Tracy,  Upson,  Van 
Valkenburgh,  William  B.  Washburn,  Webster,  Whaley, 
Wilder,  Wilson,  Windom,  Woodbridge,  Yeaman — 72. 

NATS  — Messrs.  Ancona,  Baily,  Augustus  C'.  Baldwin, 
Brooks,  James  S.  Brown,  William  G.  Brown,  Chanter,  Cra 
vens,  Eden,  Edgerton,  Eldridyc,  English,  Find;  Grider, 
Hall,  Harrington,  Herrick,  Hutchins,  Philip  Johnson ,  Kalb- 
Jleisdi,  Kernan,  King,  L<mg,  Mallory,  Marcy,  McKimicy, 
Middleton,  William  H.  Miller,  James  R.  Morris,  Morrison, 

ruyn,   Bobinton, 
,  Stuart,   Wads- 


yhn 

worth,  Wheeler,  Fernando  Wood — 45. 

The  Senate  did  not  consider  the  bill. 

Resolutions  relating  to  the  War. 

ITS  OBJECT. 
First  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

1861,  July  13 — Mr.  HOLMAN  asked  leave  to 
offer  these  resolutions : 

Resolved,  That  the  sole  object  of  the  Government  in  it* 
present  and  future  military  operations,  resulting  from  the 
armed  resistance  to  its  authority,  is,  and  ought  to  be,  to 
maintain  the  integrity  of  the  Union,  as  established  by  the 


of  retaining  in  the  pay  of  the  Government  officers  who  have  I  Constitution,  the  enforcement  of  the  laws,  and  the  protec- 
bren  indefinitely  relieved  from  active  service,  not  physically  tjon  Of  the  constitutional  rights  of  the  loyal  citizens  of 
disabled  by  wrnnds,  and  who  have  not  been  placed  on  tho  every  State;  and  such  operations  ought  not.  to  be  suspended 
reti.ed  list,  ought  to  be  discontinued;  and  that  the  Com-  until 


mittco  on  Military  Affairs  bo  instructed  to  inquire  what 
tegislatio:',  if  any,  in  necessary  to  effect  a  remedy  in  the 
premires,  and  reduce  1  ho  number  of  general  officers  not  em 
ployed  in  active  service,  and  report  by  bill  or  otherwise. 

May  12 — The  House  resumed  consideration  of 
the  joint  resolution  providing  that  all  major  and 
brigadier  generals,  who,  on  the  1st  of  July, 
18G4,  shall  not  be  it;  the  performance  of  duty  or 
service  corresponding  to  their  respective  grades 
and  rank  and  who  shall  not  have  been  engaged 
in  such  duty  or  service  for  three  months  con 
tinuously  next  prior  to  that  date,  shall  then  be 
dropped  from  the  rolls  of  the  army — no  officer 


until  the  authority  of  the  Federal  Government  shall  have 
been  firmly  established  throughout  its  territorial  limits. 

Revolved,  That  the  Union  must  be  preserved,  and  that  nw 
adjustment  of  pending  difficulties  can  ever  be  sanctioned  by 
the  Government  that  is  not  based  on  the  acknowledged  in 
tegrity  of  the  Union,  and  the  supremacy  of  the  Constitution 
of  the"  United  States. 

Leave  was  not  obtained 
1861,  July  15— Mr.  ALLEN,  of  Ohio,    offered 
the  following  resolutions: 

Resolved,  That  whenever  the  States  now  in  rebellion 
against  the  General  Government  shall  cease  their  rebellion 
and  become  loyal  to  the  Union,  it  is  the  duty  of  the  Gov 
ernment  to  suspend  the  further  prosecution  of  the  present 


"  "I'1.'   ,    Y    ,      V  '  v,    11         Reived,  That  it  is  no  part  of  the  object  of  the  present 

to  be  included  whose  absence  from  duty  shall  j  war.lguins't  the  rebellious  States  to  interfere  with  the  iusti- 
bave  been  occasioned  by   wounds   received,  or  j  tutiou  of  slavery  therein, 
disease  contracted  in  the  line  of  his  duty  while        Which  were  ruled  out  of  order  by  the  Speaker. 


286 


LEGISLATION,   ORDERS,    PROCLAMATIONS,    ETC. 


August  5 — Mr.  ALLEN  moved  to  suspend  the 
rules,  that  he  might  offer  a  similar  resolution, 
but  it  was  disagreed  to. 

1861,  July  22 — Mr.  NOBLE,  of  Ohio,  offered 
this  resolution : 

Resolved,  That  the  contest  now  existing  between  the 
Government  of  the  United  States  a  id  the  disloyal  organi 
zations  now  existing  in  certain  States  which  aro  now  wag 
ing  an  unjustifiable  war  upon  the  constitutional  authority 
•of  the  Government,  should  be  treated  and  regarded  by  all 
'oyal  citizens  not  as  a  sectional  war,  nor  an  anti-slavery 
war,  nor  a  war  of  conquest  or  subjugation,  but  simply  as  a 
war  for  the  maintenance  of  the  Government,  the  suppres 
sion  of  rebellion,  and  the  preservation  of  all  the  rights  of 
all  the  States  full  andundiminished,  as  they  were  purchased 
by  the  blood  of  the  Revolution  of  1776,  and  secured  by  all 
the  provisions  and  compromises  of  the  Federal  Constitution, 
and  for  no  other  purpose  whatever. 

The  resolution  went  over,  Mr.  BURNETT  indi 
cating  a  desire  to  debate  it.  It  was  not  again 
reached. 

1861,  July  22— Mr.  CRITTENBEN  offered  the 
following  resolution  : 

Resolved,  That  the  present  deplorable  civil  war  has  been 
forced  upon  the  country  by  the  disunionistsof  the  southern 
States  now  in  revolt  against  the  constitutional  Government 
and  in  arms  around  the  capital;  that  in  this  national 
emergency  Congress,  banishing  all  feeling  of  mere  passion 
or  resentment,  will  recollect  only  its  duty  to  the  whole 
country ;  that  this  war  is  not  waged  upon  our  part  in  any 
spirit  of  oppression,  nor  for  any  purpose  of  conquest  or  sub 
jugation,  nor  purpose  of  overthrowing  or  interfering  with 
the  rights  or  established  institutions  of  those  States;  but 
to  defend  and  maintain  the  supremacy  of  the  Constitution 
Jtnd  to  preserve  the  Union  with  all  the  dignity,  equality, 
and  rights  of  the  several  States  unimpaired ;  that  as  soon 
as  these  objects  are  accomplished  the  war  ought  to  cease. 

The  question  being  divided. 

The   House  adopted  the  first  clause  of  the 

resolution  : 

Resolved,  That  the  present  deplorable  civil  war  has  been 
forced  upon  the  country  by  the  disunionists  of  the  southern 
States  now  in  revolt  against  the  constitutional  Government, 
and  in  arms  around  the  capital. 

Yeas  122,  nays  2,  as  follows  : 

YEAS— Messrs.  Aldrich,  Allen,  Alley,  Ashley,  Babbitt, 
Goldsmith  F.  Bailey,  Joseph  Buily,  Baker,  Baxter,  Beaman, 
Bingham,  Francis  P.Blair,  jr.,  Samuel  S.  Blair,  Blake,  Buf- 
finton,  Culvert,  Campbell,  Chamberlain,  Clark,  Colb, Colfax, 
Frederick  A.  Conkling,  Roscoe  Conkling,  Conway,  Cox,  Crit- 
t?.nde.ii,  Curtis,  Cutler,  Davis,  Dawes,  Delano,  Dclaplaine, 
Diven,  Duell,  Dunlap,  Dunn,  Edgerton,  Edwards,  English, 
Fenton,  Fes.sendcn,  Franchot,  Frank,  Gooch,  Granger, 
Grider.  Gurley,  ITaiglit,  Hale,  Harding,  Harrison,  FTohnaii, 
Hoiton,  Hutching,  Jackson,  Julian,  Kelley,  Win.  Kellogg, 
Killinger,  Lansing,  Law,  Leary,  Lehman,  Loomis,  Lovejoy, 
Mcdernand,  McKean,  Mallory,  Mmzics,  Moorhead,  Anson 
P.  Morrill,  Justin  S.  Mori-ill,  Morris,  Nixon,  Noble,  Nugen, 
Odt'll,  Olin,  Patton,  Pmdleton,  Perry,  Pike,  Pomeroy, 
Porter,  Potter,  Alexander  II.  Rice,  John  II.  Rice,  Iliil- 
<lle,  Edward  II.  Rollins,  James  8.  Rollins,  Sheffield,  Shel- 
labarger,  Sherman,  Sloan,  Smith,  Spaulding,  Jnhn  B.  Steele, 
William  G.  Steel',  Stratton,  Francis  Thomas,  Train,  Trow- 
bridge,  Upton,  Vandever,  Van  Valkcnburgh,  Van  Wyck, 
Verree,  Vibbard,  Wadxwnrth,  Charles  W.  Walton,  E.  P. 
Walton,  Ward,  Webster,  Wheeler.  Whaley,  Albert  S.  White, 
CltiKimA.  White,  Wickliffe.  Windom,  Woodruff,  Worcester, 
Wright— 122. 

NAY*— Messrs.  Burnett,  Reid— -2. 

The  second  clause  of  the  resolution  : 

That  in  this  national  emergency  Congress,  banishing  all 
feeling  of  mere  passion  or  resentment,  will  recollect  only 
its  duty  to  the  whole  country;  that  this  war  is  not  waged 
upon  our  part  in  any  spirit  of  oppression,  or  for  any  pur 
pose  of  conquest  or  subjugation,  or  purpose  of  overthrow 
ing  or  interfering  with  the  rights  or  established  institutions 
of  those  States,  but  to  defend  and  maintain  the  supremacy 
of  the  Constitution  and  to  preserve  the  Union  with  all  the 
dignity,  equality,  and  rights  of  the  several  States  unim 
paired;  and  that  as  soon  as  these  objects  are  accomplished 
the  war  ought  to  cease. 

W.MS  adopted — yeas  119,  nays  2,  as  follows: 

YEAS— Messrs.  Aldrich,  A  lien.  Alley,  Babbitt,  Goldsmith  F. 
B  ii!t»y.  Joseph  Bail'/,  Baxter.  Beiunan.  Francis  P.  Blair,  Sam 
uel  S.  Blair,  Blake,  George  II.  Browne,  Buffiuton  Culvert, 


Campbell,  Chamberlain,  Clark.  Cobb,  Colfax,  F.  A.  Conkling, 
Roscoe  Conkling.  Cooper,  Corning,  Cox,  Crittenden,  Curtis, 
Cutler,  Dawes,  Delano,  Diven,  Duell,  Dunlap,  Dunn,  Edwards, 
English,  Fenton,  Fessenden,  Fouke,  Franchot,  Frank,  Gooch, 
Granger,  Grider,  Gurley,  Ifaigttt,  Hale,  Harding,  Harrison, 
I Inl ,,KI»,  Horton,  Jackson,  Johnson,  Kelley, William  Kellogg, 
Killinger,  Law,  Lazeor,  Leary,  Lehman,  Logan,  Loomis, 
McClrmand,  Ma.llory,  Menzies,  Mitchell,  Moorhead,  Anson 
P.  Morrill,  Justin  S.  Morrill,  Morris,  Nixon,  Noble,  Nugen, 
Odell,  Olin,  Patton,  Pendleton,  Perry,  Pike,  Pomeroy,  Por 
ter,  Reid,  Alexander  II.  Rice,  John  II.  Rice,  Richardson, 
Robinson,  Edward  H.  Rollins,  James  S.  Rollins,  Sheffield, 
Shellabarger,  Sherman,  Smith,  Spaulding,  John  B.  Steele, 
William  G.  Steele,  Stratton,  Francis  Thomas,  Train,  Trow- 
bridge,  \]pton,l'allandigham,  Van  Horn,  Van  Valkenburgh, 
Van  Wyck,  Verree,  Vibbard,  Wadsworth,  Charles  W.  Walton, 
E.  P.  Walton,  Ward,  Webster,  Wheeler,  Whaley,  Albert  S. 
White,  CV«7ton^.  White,  WcMitfe,  Windoui,  Woodruff,  Wor 
cester,  Wright— 119. 

NAYS— Messrs.  Potter.  Riddle— 2. 

1861,  July  24 — Mr.  JOHNSON,  of  Tennessee, 
offered  substantially  the  same  resolution  in  the 
Senate,  which  was  ordered  to  be  printed. 

July  25 — Mr.  POLK,  of  Missouri,  moved  to 
strike  out  and  insert  so  as  to  make  the  first 
clause  close  thus  :  by  "  the  disunionists  of  the 
Southern  and  the  Northern  States  ;"  which  was 
disagreed  to — yeas  4,  nays  33,  as  follows  : 

YEAS— Messrs.  Johnson  of  Missouri,  Kennedy,  Polk,  Sauls- 
bury — 4. 

NAY.S — Messrs.  Anthony,  Bingham,  Browning,  Clark,  Col- 
lamer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foster,  Grimes, 
Hale,  llarlan,  Harris,  Howe,  Johnson  of  Tennessee,  King, 
Lane  of  Indiana,  Lane  of  Kansas,  Latham,  Morrill,  Nesmif.ii, 
Pomeroy,  Sherman,  Simmons,  Sumner,  Ten  Eyck,  Truiubull, 
Wade,  Wilkinson,  Willey,  Wilmot,  Wilson— 33. 

Mr.  TRUMBULL  moved  to  strike  out  the  words, 
"  and  in  arms  around  the  capital,"  and  the 
word  "subjugation,"  which  was  rejected. 

The  resolution  was  then  passed — yeas  30, 
nays  5,  as  follows  : 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark, 
Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Harlan,  Harris,  Howe,  Johnson  of  Tennessee,  Knnedy, 
King,  Lane  of  Indiana,  Lane  of  Kansas,  Latham,  Mornll, 
Nesmith,  Pomeroy,  Saulsbury,  Sherman,  Ten  Eyck,  Wade, 
Wilkinson,  Willey,  Wilson — oO. 

NAYS — Messrs.  Breckinridge,  Johnson  of  Missouri,  Polk, 
Powell,  Trumbull— 5. 

1861,  July  31 — Mr.  PENDLETON,  of  Ohio,  of 
fered  this  joint  resolution  : 

Resolved,  That,  under  the  Constitution,  the  rights,  powers, 
and  duties  of  all  the  States  of  the  Union  are  equal;  that 
the  Union  is  founded  in  this  equality;  that  in  order  to 
maintain  the  Constitution  and  the  Union,  this  equality  must 
be  preserved ;  that  every  honest  effort  to  perpetuate  the 
Union  must  be  made  in  accordance  with  the  Constitution, 
and  with  a  purpose  to  maintain  this  equality:  that  an  at 
tempt  on  the  part  of  the  Federal  Government  to  subjugate 
any  of  the  States,  and  hold  them  as  territories  or  provinces, 
or  in  any  position  inferior  to  that  of  every  other  State,  or 
to  interfere  with  their  State  governments,  or  with  their  do 
mestic  institutions,  or  to  abolish  or  interfere  with  slavery 
within  their  limits,  would  be  an  attempt  to  destroy  this 
equality,  and  would,  if  successful,  subvert  the  Constitution 
and  the  Union. 

J'i -sol red,  therefore,  <£•<:.,  That  Congress  does  hereby  sol 
emnly  declare  that  hostilities  against  the  so-aalh'd  confed 
erate  States  shall  be  so  prosecuted  as  to  enforce  obedience 
to  the  obligations  of  the  Constitution,  and  the  laws  passed 
in  accordance  therewith;  and  that  they  fh*H  not  be  so  pros 
ecuted  as  to  reduce  to  a  position  of  inferiority  any  of  the 
States,  or  to  interfere  with  their  State  gorernnieuts,  or  to 
abolish  slavery  within  their  limits. 

Ruled  out  of  order  by  the  Speaker. 

Second  Session,  Thirty-Seveath  Congress. 
1861,  December  2 — Mr.  ELIOT  offered  this  joint 
resolution: 

Resolved,  <fc,  1.  That  in  behalf  of  (he  people  of  these 
States,  we  do  again  solemnly  declare  th  it  the  war  in  which 
we  are  engaged  against  the  insurgent  bodies  now  in  arms 
against  the  Government  has  for  its  ol  ject  the  suppression 
of  such  rebellion  and  the  re-i-stablishnient  of  the  rightful 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


287 


authority  of  the  National  Constitution  and  laws  over  the 
-entire  extent  of  our  common  country.  2.  That  while  wo 
disclaim  all  power  under  the  Constitution  to  interfere,  by 
ordinary  legislation,  with  the  institutions  of  the  several 
States,  yet  the  war  now  existing  must  he  conducted  ac 
cording  to  the  usages  and  rights  of  military  service,  and 
that  during  its  continuance  the  recognized  authority  of 
the  maxim  that  the  safety  of  the  State  is  the  highest  law, 
subordinates  rights  of  property  and  dominates  over  civil 
relations.  3.  That  therefore  we  do  hereby  declare  that,  in  our 
judgment,  the  President  of  the  United  States,  as  the  com- 
mander-in-chief  of  our  army,  and  the  officers  in  command 
under  him.  have  the  right  to  emancipate  all  persons  held  as 
slaves  in  any  military  district  in  a  state  of  insurrection 
against  the  National  Government,  and  that  we  respectfully 
advise  that  such  order  of  emancipation  be  issued  whenever 
the  same  will  avail  to  weaken  the  power  of  the  rebels  in 
arms,  or  to  strengthen  the  military  power  of  the  loyal  forces. 

Mr.  DUNN  moved  that  it  be  tabled,  which  was 
disagreed  to — yeae  56,  nays  70,  as  follows  : 

YEAS— Messrs.  Allen,  Ancona,  Joseph  BaHy,  Biddle,  Fran 
cis  P.  Blair,  Jacob  B.  Blair,  Burnham,  Cah-ert,  Campbell, 
Cobb,  Con  way.  Corning,  Cox,  Cravens,  Do  ano,  Dunlap, 
Dunn,  Fouke,  Haight,  Harding,  Harrison,  Hulman,  Horto:), 
Wm.  Kellogg,  Lnw.  Lazear,  Leary,  Lehman,  McPherson, 
Maynard,  May,  Menzies,  Morris,  Noble.  Noetl,  Norton,  Odell, 
Pendleton,  1'erry,  Alexander  II.  Rice,  Richardson,  Robin 
son,  Sheffield,  Shiel,  Smith,  John  B.  Steel?.,  William  G. 
Steele.  Benjamin  F  Thomas.  Train,  Trimble,  Upton,  Vallan- 
digham,  Verree,  Ward,  Chilton  A.  White,  Woodruff— 56. 

NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,'  Babbitt, 
Goldsmith  F.  Bailey.  Baker,  Baxter,  Beaman,  Bioghara, 
S.  S.  Blair.  Blake,  Buffinton,  Clark,  Colfax,  F.  A.  Conkling, 
Koscoe  Coakling,  Davis,  Dawes,  Duell,  Edgerton,  E  iwards, 
Eliot.  Fessendeu,  Frauchot,  Frank,  Goodwin,  Granger, 
Gurley,  Ilickman,  Hooper,  Hutchins,  Julian,  Kelley,  Lan 
sing,  Loomis,  Lovt-.joy,  McKean,  Mitchell,  Anson  P.  Morrill, 
Justin  8.  Morrill,  Patton,  T.  G.  I  helps,  Pike,  Pomeroy,  Por 
ter.  Potter.  John  II.  Rice,  Kiddle,  Edward  II.  Rollins,  Sar- 
gent,  Sedgwiek,  Shanks,  Shellabarger,  Sherman,  Sloan, 
Sp;.ulding,  Stevens,  Trowbri  !ge,  Van  Horn,  Van  Valken- 
burgb,  Van  Wyck.  Wall,  Wallace,  Chas.  W.  Walton,  E.  P. 
Walton,  Washburne,  Wheeler,  Wilson,  Worcester— 70. 

Mr.  ROSCOE  CONKLING  moved  to  insert  in  the 
third  resolution,  after  the  word  "  slaves,"  the 
words,  "held  by  rebels;"  which  was  agreed  to. 

It  was  then  postponed;  and  December  17th, 
was  referred  to  the  Committee  on  the  Judici- 
arv — yeas  77,  nays  57. 

Same  day,  Mr  CAMPBELL  offered  this  resolu 
tion  : 

Resolved,  That  in  legislating  to  meet  the  exigencies  of 
the  present  rebellion,  Congress  should  confiscate  the  prop 
erty,  slaves  included,  of  all  rebels,  and  protect  the  property 
and  rights,  under  the  Constitution  and  laws,  of  all  loyal 
citizens. 

Which  was  postponed  for  the  present. 
Same  day,  Mr.  STEVENS  offered  this  preamble 
and  resolution  : 

Whereas  slavery  has  caused  the  present  rebellion  in  the 
United  States ;  and  whereas  there  can  be  no  solid  and  per 
manent  peace  and  union  in  this  Republic  so  long  as  that 
institution  exists  within  it;  and  whereas  slaves  are  now 
used  by  the  rebels  as  an  essential  means  of  supporting  and 
protracting  the  war  ;  and  whereas  by  the  law  of  nations  it 
is  right  to  liberate  the  slaves  of  an  enemy  to  weaken  his 
power :  Therefore, 

Be,  it  resoli-ed  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  a^em'tlcd,  That 
the  President  be  requested  to  declare  free,  and  to  direct  all 
of  our  generals  and  officers  in  command  to  order  freedom 
to  ;:11  slaves  who  shall  leave  their  masters,  or  who  shall  aid 
in  quelling  this  rebellion. 

Str.  '2.  And  be  it  fur/her  resolved,  That  the  United  States 
pledge  the  faith  of  the  Union  to  make  full  and  lair  compen 
sation  to  all  loyal  citizens  who  are  and  shall  remain  active 
in  supporting  the  Union  for  all  the  loss  they  may  sustain 
oy  virtue  of  this  act. 

Which,  also,  was  postponed  for  the  present. 
Dec.   4-  Mr.   HOLM  AN  offered  the   following 
resolution : 

Whereas  this  House,  on  the  22d  day  of  July  last,  by  an 
almost  unanimous  vote,  adopted  the  following  resolution 
submitted  to  the  House  by  Hon.  J.  J.  CRITTENDEN,  of  Ken 
tucky  : 

Resolved  by  tie  House  of  Represcnlives  of  the  Congress  of 


the  United  States,  That  the  present  deplorable  civil  war.  has 
been  forced  upon  the  country  by  the  disunionists  of  the 
southern  States  now  in  revolt  against  the  constitutional 
Government  and  in  arms  around  the  capital;  thsit  in  this 
national  emergency  Congress,  banishingall  feelings  of  mere 
passion  or  resentment,  will  recollect  only  its  duty  to  the 
whole  country;  that  this  war  is  not  waged  upon  oar  part  in 
any  spirit  of  oppression  nor  for  any  purpose  of  conquest 
or  subjugation,  nor  for  the  purpose  of  overthrowing  or  in 
terfering  with  the  rights  or  established  institutions  of  the 
States,  but  to  defend  and  maintain  the  supremacy  of  the 
Constitution  and  to  preserve  the  Union  with  its  dignities, 
equality,  and  the  rights  of  the  several  States  unimpaired, 
and  that  as  soon  as  these  objects  are  accomplished  the  war 
ought  to  cease. 

And  whereas  since  that  time  no  event  has  occurred  to 
change  the  policy  of  the  Government :  Therefore, 

Resolved,  That  the  principles  above  expressed  are  sol 
emnly  reaffirmed  by  this  House. 

Which  was  laid  upon  the  table — yeas  71, 
nays  65,  as  follows  : 

YEAS— Messrs.  Aldricb,  Alley,  Arnold,  Ashley,  Goldsmith 
F.  Bailey,  Baker,  Baxter,  Beaman,  Bingham,  Francis  P. 
Blair,  Samuel  S.  Blair,  Blake,  Buffinton,  Burnham,  Cham 
berlain,  Clark,  Colfax,  Frederick  A.  Conkling.  Conway, 
Davis,  Delaplaini,  Duell,  Edgerton,  Edwards,  Eliot,  Fenton, 
Fessenden,  Franc-hot,  Gooch,  Gurley,  Hooper,  Ilutchiiis, 
Julian,  Kelley,  Lansing,  Loomis,  Lovejoy,  McPherson, 
Moorhead,  Anson  P.  Morrill,  Justin  S.  Morrill,  Olin,  Patton, 
T.  G.  Phelps,  Pike,  Pomeroy,  Potter,  John  II.  llice,  Riddle, 
Edward  II.  Rollins,  Sargent,  Sedgwk-k,  Shanks,  Sherman, 
Sloan,  Spaulding,  Stevens,  Train,  Trimble,  Trowbridge,  Van 
Horn,  Verree.  Wall,  Wallace,  Charles  W.  Walton,  E.  P. 
Walton,  Washburne,  Wheeler,  Albert  S.  White,  Wilson, 
Worcester— 71. 

NAYS— Messrs.  Allen,  Ancona,  Joseph Baily,  Biddle,  Jacob 
B.  Blair,  Culvert,  Campbell,  Cobb,  Corning,  Cox,  Cravens, 
Crix/idd,  Dawes,  Delano,  Diven,  Dunlap,  Dunn,  English, 
Fouke,  Frank,  Goodwin,  Granger,  Grider,  Hanchett,  Hard 
ing,  Harrison,  Holman,  Horton,  William  Kellogg.  Law, 
Lazear,  Leary,  Lehman,  McKnight,  Maynard,  Menzies, 
Mitchell,  Morris,  Nixon,  Noble,  Nodi,  Norton.  Odell,  Pen- 
dleton.  Perry,  Porter,  Richardson,  Sheffield,  Shellabarger, 
Shiel,  Smith,  John  B.  Steele,  William  G.  Sleele,  Stratton,  Ben 
jamin  F.  Thomas,  Francis  Thomas,  Upton,  Van  Valkeu- 
burgh,  Wadsworth,  W>rd,  Webster,  Chilton  A.  White. 
Wickliffe,  Woodruff,  Wright— 65. 

1862,  January  20 — Mr.  ALLEN,  of  Ohio,  offered 
the  following  resolution  : 

Resolved,  That,  in  the  judgment  of  this  House,  no  part  of 
the  appropriation  now  made  or  hereafter  made,  nor  of  the 
taxes  now  or  hereafter  laid  by  Congress  should  be  used  in 
or  applied  to  the  prosecution  of  a  war  for  the  purpose  of  the 
emancipation  of  slaves  in  the  slaveholding  States  of  the 
Union. 

Which  was  laid  upon  the  table — yeas  90,  nays 
36,  as  follows  : 

YEAS — Messrs.  Aldrich,  Alley,  Arnold,  Babbitt, Goldsmith 
F.  Bailey,  Baker,  Baxter,  Beaman,  Bingham,  Francis  P. 
Blair,  Blake,  Buffinton,  Burnham,  Campbell,  Chamberlain, 
Clark,  Clements,  Colfax,  Frederick  A.  Conkling,  Roscoe 
Conkling,  Conway,  Cutler,  Davis,  Dawes, Delano,  Duell,  Dunn, 
Edgerton,  Edwards,  Eliot,  Ftmton,  Fessenden,  Frank,  Gran 
ger,  Gurley,  Hale,  Ilanchett,  Hooper,  Horton,  Ilutcliins, 
Kelley,  Francis  W.  Kellogg,  William  Kellogg,  Killinger, 
Lansing,  Loomis,  Lovejoy,  McKean,  McKnight,  McPhcraon, 
Marston,  Mitchell,  Moorhead,  Anson  P.  Morrill,  Justin  S. 
Morrill,  Nixon,  Olin,  Patton,  Timothy  G.  Phelps,  Pomeroy 
Porter,  Alexander  II.  Rice,  Riddle,  Edward  II.  Rollins,  Sar- 


Albert  S.  White,  Wilson,  Windom,  Worcester— 90. 

NAYS— Messrs.  Allen,  Anemia,  Joseph  Jiaily,  Jacob  B.  Blair 
William  G.  Brown,  Calvert,  Cobb,  Coming,  Cravens,  Cn's- 
fidd,  English,  Fouke,  Haight,  Harrison,  Holman,  Johnson, 
Knapp,  Law,  Lazear,  Leary,  Mi.rris,  Noble,  Norton,  Ntim-n, 
Robinson,  James  S.  Rollins,  Shid,  John  B.  Steele,  William 
G.  Steel',  VaUandigham,  Vibbard,Voorhees,  Chilton  A.  White 
Wickliffe,  Woodruff,  Wright— 56. 

1862,  March  3— Mr.  HOLMAN  offered  the  fol 
lowing  resolution  : 

Resolved,  iliat  in  the  judgment  of  this  House,  the  unfor- 
tauato  civil  war  into  which  the  Government  ol  the  United 
States  has  been  forced  by  the  treasonable  attempt  of  the 
southern  secessionists  to  destroy  Ihe  Union,  should  not  b» 
prosecuted  for  any  other  purpose  than  the  restoration  of 
the  authority  oi  the  Constitution,  aud  that  the  welfare  of 


288 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


the  whole  people  of  the  United  States  is  permanently  in 
volved  in  maintaining  the  present,  form  of  Government  un 
der  the  Constitution,  without  modification  or  change. 

Which  was  laid  on  the  table — yeas  59,  nays 
59,  as  follows  : 

YFAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley.  Babbitt, 
Bilker,  Baxter,  Be;imaii.  Bingham,  Samuel  S.  Blair,  Blake, 
Bnffinton,  Burnham,  Campbell. Chamberlain,  Clark.  Colfax, 
Frederick  A.  Conkling.  Rescue  Cockling,  Con  way,  Cutler, 
D.-ivis.  Delano,  Duell,  Ely,  Fepsou.len,  Franchot,  Frank, 
Hooper,  Hatching  Francis  W.  Kollogg,  Lansing,  Loomis, 
lx>vojoy,  BfcEnight,  MrPherson,  Mitchell,  Moorhead.  Anson 
P.  .Mfrril),  Justin  S.  Morrill,  Pattnn,  Pike,  Poineroy,  John 
II.  Rice,  Riddle,  Sargent,  Sedgwick,  Shanks,  Stevens, 
Trowbrldge,  Van  Wyck,  Verrce,  Wallace,  Charles  W  Wal 
ton,  Wheeler.  Albert  S.  White,  Wilson,  Windom,  Worcester 

5f*. 

NATS — VJessrs.  Joseph  Baily,  Biddle,  Jacob  B.  Blair, 
George  H  Browne.  Vim.  G.  Brown,  Calwt,  Clements,  Cobb, 
Corning,  Cox..  Cravens,  Orisfieid,  Critle.nden.  Diven,  Dunlap, 
Dunn,  Goodwin,  Granger,  Hale.  Hall,  Harding,  Harrison, 
Holman,  Horton,  Johnson,  William  Kellogg,  Knapp.  Law, 
Lazear,  Leary.  Mallory,  Maynard,  M?nzi> s,  Nixon,  'Nolle, 
Noell.  Norton,  Nugen,  Odell,  Pendleton,  Perry,  Richardson, 
Robinson.  James  8.  Rollins,  Sheffield,  (•  hellabarger,  Smith, 
John  B.  SteeU,  Stratton.  Benjamin  F.  Thomas,  Francis 
Tnonias,  Trimble.  Vibbar^,  Wadsworth, Webster  Whalev 
Wirfdiffe,  Woodruff,  Wright— W. 

The  Speaker,  (Mr.  GROW,)  voted  aye,  and  the 
resolution  was  tabled. 

IN  SENATE. 

1861,  December  20— Mr.  WILLEY  introduced 
the  following,  which  was  not  acted  upon : 

Resolved,  That  the  existing  war,  forced  upon  the  country 
by  the  instigators  of  the  rebellion  without  justifiable  cause 
or  provocation,  was,  and  is,  designed  by  them  to  destroy  the 
Onion  and  the  Constitution  ;  and  their  purpose,  moreover, 
was  at  first,  and  is  now,  to  disavow  and  repudiate  the  fund 
amental  principles  of  republican  government  on  which  our 
fathers  established  the  Union  and  the  Constitution. 

1861,  December    16— Mr.   TEN   EYGK   offered 
this  resolution  : 

Resolved,  That  the  present  war  is  for  the  Union,  accord 
ing  to  the  Constitution ;  that  its  object  is  to  save  the  former 
and  enforce  the  latter — was  so  in  the  beginning,  is  now  as 
carried  on,  and  should  be,  to  the  last;  that  measures,  ex 
treme  and  radical,  disruptive  in  themselves,  involving  in  a 
common  fate  as  well  the  loyal  as  disloyal,  should  not  be 
resorted  to ;  and  that  in  crushing  treason— wide-spread  and 
hateful  as  it  is — the  Government  itself  cannot  prove  traitor 
to  organic  law. 

Third  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

1862,  Dec    4 — Mr.  STEVENS  offered  the  fol 
lowing  resolutions  : 

Resolved,  That  this  Union  must  be,  and  remain,  one  and 
indivisible  forever. 

2.  That  if  any  person  in  the  employment  of  the  United 
States,  in  either  the  legislative  or  executive  branch,  should 
propose  to  make  peace,  or  should  accept,  or  advise  the  ac 
ceptance,  of  any  such  proposition  on  any  other  basis  than 
the  integrity  and  entire  unity  of  the  United  States  and  their 
Territ(  ries  as  they  existed  at  the  time  of  the  rebellion,  he 
will  1>4  guilty  of  a  high  crime. 

;}.  That  this  Government  can  never  accept  the  mediation 
or  permit  the  intervention  of  any  foreign  nation,  during 
this  rebellion,  in  our  domestic  affairs. 

4.  That  no  two  Governments  can  ever  be  permitted  to 
exist  within  the  territory  now  belonging  to  the  United 
States,  and  which  acknowledged  their  jurisdiction  at  the 
time  of  the  insurrection. 

Which  were  read,  and  postponed  for  the 
present. 

Same  day,  Mr.  WJCKLIFFE  offered  this  amend 
ment,  which,  being  •'out  of  order,  was  not  en 
tertained  : 

That  any  officer  of  the  United  States,  either  executive, 
l"gislative,  or  judicial,  who  is  opposed  to  close  the  present 
war  upon  preserving  the  Constitution  as  it  is,  with  all  its 
iiuarimtees  and  privileges,  and  the  union  of  the  States  as 
established  by  said  Constitution,  is  unworthy  to  hold  such 
wflice,  and  should  be  dismissed  or  removed  from  the  same. 


1862,  December  5 — Mr.  VALLANDIOHAM  of 
fered  the  following  resolutions  : 

1.  Resolved,  That  the  Union  as  it  was  must  be  restored 
and  maintained  one  and  indivisible  forever  under  the  Con 
stitution  as  it  i.s— the  fifth  article,  providing  for  am-nd- 
ments.  included. 

2.  That  if  any  person  in  the  civil  or  military  service  of 
the  United  States  shall  propose  terms  of  peace,  or  accept 
or  advise  the  acceptance  of  any  such  terms,  on  any  other 
basis  tlii.ii  UK-  int-grity  and  entirety  of  the  Federal  Union, 
and  of  the  several  States  composing  the  same,  and  the  Ter 
ritories  of  the  Union,  as  at  the  beginning  of  the  civil  war, 
he  will  be  guilty  of  a  high  crime. 

3.  That  this  Government  can  never  permit  the  interven 
tion  of  any  foreign  nation  in  regard  to  the  present  civil  war. 

4.  That  the  unhappy  cfvil  war  in  which  we  are  engaged 
was  waged  in  the  beginning,  professedly,  not  in  any  spirit 
of  oppression  or  for  any  purpose  of  conquest  or  subjugation, 
or  purpose  of  overthrowing  or  interfering  with  the  ri_.v- 
or  established  institutions  of  those  States,  but  to  defend  and 
maintain  the  supremacy  of  the  Constitution  and  to  preserve 
the  Union  with  all  the  dignity,  equality,  and  rights  of  the 
several  States  unimpaired,  and  was  so  understood  and  ac 
cepted  by  the  people,  and  especially  by  the  army  and  navy 
of  the  United  States;  and  that,  therefore,  whoever  shall 
pervert,  or  attempt  to  pervert,  the  same  to  a  war  of  con 
quest  and  subjugation,  or  for  the  overthrowing  or  interfer 
ing  with  the  rights  or  established  institutions  of  any  of  the 
States,  and  to  abolish  slavery  therein,  or  for  the  purpose  of 
destroying  or  impairing  the  dignity,  equality,  or  righto  of 
any  of  the  States,  will   be  guilty  of  a  flagrant  breach  of 
public  faith  and  of  a  high  crime  against  the  Constitution 
and  the  Union. 

5.  That  whoever  shall  propose  by  Federal  authority  to 
extinguish  any  of  the  States  of  this  Union,  or  to  declare  any 
of  them  extinguished,  and  to  establish  territorial  govern 
ments  within  the  same,  will  be  guilty  of  a  high  crime  against 
the  Constitution  and  the  Union. 

6.  That  whoever  shall  affirm  that  it  is  competent  for  this 
House  or  any  other  authority  to  establish  a  dictatorship  in 
the  United  States,  thereby  superseding  or  suspending  the 
constitutional  authorities  of  the  Union,  and  shall  proc-    d 
to  make  any  move  toward  the  declaring  of  a  dictator,  will 
be  guilty  of  a  high  crime  against  the  Constitution  and  thw 
Union  and  public  liberty. 

Which  were  laid  upon  the  table — yeas  79, 
nays  50,  as  follows  : 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baker. 
Baxter,  Beaman,  Biugham,  Samuel  S.  Blair,  Blake,  Buifin- 
ton,  Chamberlain,  Clark,  Colfax,  Frederick  A.  Conkling, 
Roscoe  Conkling,  Covode,  Cutler,  Davis,  Dawes,  Delano, 
Dueil,  Edgertou,  Eliot,  Ely,  Fenton,  Samuel  C.  Fessenden. 
Thomas  A.  D.  Fessenden,  Fisher,  Franchot,  Frank,  Good 
win,  Gurley,  Hale,  Harrison,  Hickmau,  Hooper,  Horton, 
Hutchins,  Julian,  Kelley,  Francis  W.  Kellogg,  Loomis,  Love- 
joy,  Low,  McPherson,  Mitchell,  Moorhead,  Justin  S.  Mor 
rill,  Nixon,  Pike,  Pomeroy,  Porter,  Potter,  John  II.  Rice, 
Riddle,  Edward  II.  Rollins,  Sargent.  Sedgwick,  Shanks, 
Shellabarger, Sherman,  Sloan, SpauKlihg,  Stevens.  Stratt'.n. 
Benjamin  F.  Thomas,  Train,  Trow  bridge,  Van  Horn,  Van 
Valkenburgh,  Van  Wyck,  Walker,  Wall,  Wallace,  Wash- 
burue,  Wilson,  Windom,  Worcester — 79. 

NAYS — Messrs.  William  J.  Allen,  Ancona,  Bailey,  Biddle, 
William  G.  Brown,  Clements,  Cobb,  Conway,  Corning,  Cox, 
Cravens,  Crisjield,  Dunlap,  English,  Fnuke,  Granger,  Gridtr. 
JIall,  Harding,  Jfolinan,  Johnxoii,  Knapp,  Law,  Luzear. 
Leary,  Alullory,  Maynard,  JUcn:i?s,  Noble,  Norton,  NI>;I-  <. 
I't'inllitnn,  Perry,  Price,  Richardson,  Robinaon,  Shi-Meld. 
Shid,  Smith,  John  B.  Steele,  William  G.  Stcde,  Stiles,  Vd- 
landigham,  Vibbard,  Voorhces,  Chilian  A.  White,  Wiclditfe, 
Wootxrvff,  Wright,  Yeainan — 50. 

1862,  December  8 — Mr.  WRIGHT  offered  the 
following  joint  resolutions  : 

Resolved,  d-c.,  That  the  rebellion,  on  the  part  of  the  se 
ceding  States,  against  the  Government  and  laws  of  this 
Union,  was  deliberately  wicked,  and  without  reasonable 
cause;  the  compact  of  the  Union  being  perpetual,  no  State  In* 
the  constitutional  power  to  forcibly  secede,  and  that  there 
was  no  grievance,  real  or  imaginary,  upon  the  part  of  the- 
seceding  States,  for  the  redress  of  which  the  Constitution, 
does  not  furnish  ample  remedies. 

2.  That  the  rebellion  being  in  contravention  of  the  Con 
stitution  and  laws,  it  is  the  duty  of  the  Government  to  put 
it  down,  without  regard  to  cost,  or  the  consequences  that 
may  befall  those  engaged  in  it,  and  all  necessary  constitu 
tional  means  for  this  purpose,  and  this  alone,  should  bo  fur 
nished  by  the  people.  That  inasmuch  as  the  great  and 
wicked  crime  invoked  the  power  of  the  swonl,  the  war 
should  be  prosecuted  with  all  the  vigor  and  strength  and 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


289 


moans  of  the  Federal  Government  till  rebellion  be  subdued, 
and  no  longer. 

:>  That  an  honorable  peace  is  desirable;  but  no  peace 
while  armed  opposition  menaces  the  Capital  and  threatens 
the  overthrow  of  the  Union;  nor  that  peace  which  would 
be  established  upon  the  dismembered  fragments  of  a  mighty 
and  prosperous  nation :  and  that  man  who  would  entertain 
peace  upon  these  conditions  is  a  traitor  to  his  country,  and 
unworthy  the  protection  of  its  laws. 

4.  That  the  war  was  inaugurated  solely  for  the  suppres 
sion  of  tliu  rebellion,  and  the  restoration  of  the  Union  as  it 
was ;  that  any  and  all  attempts  to  change  or  divert  this 
line  of  policy  is  a  fraud  upon  the  nation,  a  fraud  upon  the 
memory  of  the  gallant  men  who  have  sacrificed  their  lives, 
and  a  fraud  upon  the  living  soldiers  who  now  stand  up  as  a 
wall  between  their  loved  country  and  its  wicked  invaders. 

5.  That  the  value  of  dollars  and  cents  does  not  enter  into 
the  momentous  question  of  the  maintenance  of  popular  lib 
erty,  or  the  preservation  of  a  free  Government,  any  more 
than  the  lives  and  comfort  of  the  traitors  who  have  con 
spired  or  leagued  together  for  their  destruction. 

6.  That  the  Union  restored  the  war  should  cease,  and  the 
seceding  States  be  received  back  into  the  Union  with  all 
the  privileges  and  immunities  to  which  they  were  originally 
entitled. 

Mr.  LOVEJOT  moved  to  table  them,  which  was 
rejected — yeas  43.  nays  68  as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Baxter,  Beaman,Bingham, 
Samuel  S.  Blair,  Buffinton,  Chamberlain,  Frederick  A. 
Conkling,  Cutler,  Davis,  Dawes,  Edgerton,  Eliot,  Ely, 
Samuel  C.  Fessenden,  Thomas  A.  D.  Fessenden,  Gooch, 
Goodwin,  Gurley,  Hooper,  Horton,  Hutching,  Julian,  Fran 
cis  W.  Kellogg,  Lovejoy,  Anson  P.  Morrill,  Justin  S.  Mor- 
rill,  Pike,  Potter,  John  II.  Rice,  Sargent,  Sedgwfck,  Sloan, 
Spaulding.  Stevens,  Train,  Van  Horn,  Walker,  Wall,  Albert 
8.  White,  Wilson,  Windom— 43 

NAYS — Messrs.  Ancona,  Babbitt,  Daily,  Jacob  B.  Blair, 
Blake,  William  G.  Brown,  Burnham,  Campbell,  Clark, 
Clements,  Cobb,  Conway,  Cox,  Cravens,  Crisfield,  Criltenden, 
Duell,  Dunlap,  Dunn,  Edwards,  Frank,  Granger,  Grider, 
Hale,  Hall,  Harding,  Holman,  Johnson,  William  Kellogg, 
Kr.app,  Law,  Lazear,  Loomis,  Low,  McKnight,  Mallori/, 
M'nzies.  Moorhead,  Morris,  Nixon.  Noble,  Olin,  Patton,  Pen- 
dleton,  Price,  Alexander  II.  Rice,  Edward  H.  Rollins,  Shef 
field,  Shellabarger,  Sherman,  Smith,  John  B.  Steele,  Wm.  G. 
Steele.  Stiles,  Stratton,  Benjamin  F.  Thomas,  Francis  Thomas, 
Trimble.  Trowbridge,  Wallace,  Washburne,  Whaley,  C/,ilf<,,i 
A.  White,  Wicklijj'e,  Woodruff,  Worcester,  Wright,  Yea- 


They  were  then  postponed. 
First  bession,  Thirty-Eighth  Congress 
IN   HOUSE. 

1863,  December  14 — Mr.  FINCK  offered  this 
resolution,  which  was  laid  over  under  the  rule  : 

Whereas,  in  the  opinion  of  this  House,  the  Federal  Gov 
ernment  is  invested  by  the  Constitution  of  the  United 
States  with  all  necessary  power  and  authority  to  suppress 
any  resistance  to  the  due  execution  of  the  laws  thereof,  and 
to  employ  the  army  and  navy  in  aid  of  ihe  civil  authority 
to  disperse  all  armed  resistance  to  the  rightful  power  and 
jurisdiction  of  the  United  States;  and  whereas,  in  the  judg 
ment  of  this  House,  the  army  aud  navy  cannot  be  right 
fully  u  -ed  to  subjugate  and  hold  as  conquered  territory  "any 
of  the  States  of  this  Union  :  Therefore, 

Be  it  resolved.  That  in  this  national  emergency  Congress 
will  forego  all  feeling  of  mere  passion  or  resentment,  and 
will  recollect  only  its  duty  to  the  country;  that  this  war 
Should  not  1)0  waged  on  our  part  in  any  spirit  of  oppression, 
nor  in  a.iy  spirit  of  conquest  or  subjugation,  or  for  the  pur 
pose  of  overthrowing  or  interfering  with  the  rights  or  es 
tablished  institutions  of  the  States,  but  to  defend  and  main 
tain  the  supremacy  of  the  Constitution  and  preserve  the 
Union,  with  nil  the  dignity,  equality,  and  rights  of  the  sev 
eral  Siatf-  unimpaired  ;  and  as  soon  as  these  objects  are  at 
tained  the  war  ought  to  cease. 

April  11 — The  resolution  was  laid  on  the  ta 
ble—yeas  81,  nays  64,  as  follows:  ' 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman.  Blaine,  Bout- 
wcll,  BoydL  Iirnoino.il,  Wm.  G.  Brown,  Ambrose  W  Clark 
Fre«nwn  Clarke,  Col.b,  Cole,  Henry  Winter  Davis,  Thoma,s 
T.  Davis,  J/eniint:,  Driggs,  Dumont.  Eekley,  Eliot  Farns- 
worth,  Frank,  Garfirld,  Gooch,  Orinncll.  Higby,  Hooper 
Hotchklffl,  Asuhr>lW.  Hubbard,  John  II.  Hubbard.  Jenckea 
Julian.  Kasson.  Kellcy,  Francis  W.  Kellogg,  Orlando  Kel- 
lojjg.  Loan,  Marvin,  McBride,  McClurg,  Samuel  F.  Mill-r, 
Morrill.  Darnel  Morris,  Amos  Myers,  Leonard  Myers,  Nor- 
1 . ' 


ton,  Charles  O'Neill,  Orth,  Patterson,  Pike,  Pomeroy,  Price, 
William  H.  Randall,  Alexander  H.  Rice,  Edward  H.  Rol 
lins,  Schenck,  Scofield,  Shannon,  Sloan,  Smith,  Smithcrs, 
Spalding,  Starr,  Stevens,  Thayer,  Thomas,  Upson,  Van 
Valkenburgh,  Ellihu  B.  Washburne,  William  B.  Wash- 
burn,  Whaley,  Williams,  Wilder,  Wilson,  Windom,  Wood- 
bridge — 81. 

NAYS — Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Augustus  C.  Baldwin,  Francis  P.  Blair,  jr.,  Bliss,  James  S. 
Brown,  Chanler,  Clay,  CoffrotJi,  Cox,  Cravens,  Dawson,  Den- 
ison,  Eden,  Eldridge,  English,  FincJc,  Ganson,  Grider,  Hale, 
Harding,  Harrington,  Benjamin  G.  Harris,  Her  rick,  H  si- 
man,  Philip  Johnson,  Wm.  Johnson,  Kernan,  King,  Knapp, 
Law,  Lazear,  Long,  Marcy,  McAllister,  McDoivdl,  McKin- 
ney,  Middleton,  James  R.  Morris,  Morrison,  Nelson,  OdelL 
Pendleton,  Perry,  Pruyn.  Samuel  J.  Randall,  Robinson, 
Rogers,  James  S.  Rollins,  Ross,  S"oit,  John  B.  Steele,  Wm.  G. 
Steele,  Strouse,  Stuart,  Sweat,  Voorhees,  Webster,  Wheeler, 
Chilian  A.  White,  Joseph  W.  White,  Winfield,  Fernando 
Wood— 64. 

1863,  Dec.  14— Mr.  HOLMAN  offered  these  res 
olutions  : 

Resolved,  that  the  doctrine,  recently  announced,  that  the 
States  in  which  an  armed  insurrection  has  existed  against 
the  Federal  Government  have  ceased  to  be  States  oi"  the 
Union,  and  shall  be  held,  on  the  ultimate  defeat  of  that  in 
surrection,  as  Territories  or  subjugated  provinces,  and 
governed  as  such  by  the  absolute  will  of  Congress  and  the 
Federal  Executive,  or  restored  to  the  Union  on  conditions 
unknown  to  the  Constitution  of  the  United  States,  ought  to 
be  rebuked  and  condemned  as  manifestly  unjust  to  the 
loyal  citizens  of  those  States,  tending  to  prolong  the  war 
and  to  confirm  the  treasonable  theorv  of  secession,  and  if 
carried  into  effect  must  greatly  endang"r  the  public  liberty 
and  the  constitutional  powers  and  rights  of  all  of  the 
States,  by  centralizing  and  consolidating  the  powers  of  the 
government,  State  and  national,  in  the  Federal  Executive. 

2.  That  the  only  object  of  the  war  ought  to  be  to  subju 
gate    the    armed   insurrection   which   for  the  time  being 
suspends  the  proper  relations  of  certain  States  with  the 
Federal  Government,  and  to  re-establish  the  supremacy  of 
the  Constitution  ;  and   the  loyal  citizens  of  those  States, 
and  the  masses  of  the  people  thereof,  submitting  to  the  au 
thority  of  the  Constitution,  ought  not  to  be  hindered  from 
restoring  the  proper   relations  of  their  respective   States 
with  the  Federal  Government,  so  far  as  the  same  is  depend 
ent  on  the  voluntary  act  of  the  people,  by  any  condition 
except  unconditional  submissiou  to  the  Constitution  and 
laws  of  the  United  States.    In  the  language  heretofore  sol 
emnly  adopted    by    Congress,  the  war  ought  not  to  be 
waged  on  our  part  for  any  purpose  of  conquest  or  subjuga- 
ti  >n,  or  purpose  of  overthrowing  or  interfering  with  the 
rights  or  established  institutions  of  those  States,  but  to  de 
fend  and  maintain  the  supremacy  of  the  Constitution  and  to 
preserve  the  Union,  with  all  the  dignity,  equality,  and 
rights  of  the  several  Suites  unimpaired  ;  and  as  soon  as 
those  objects  are  accomplished  the  war  ought  to  cease. 

3.  That  all  necessary  and  proper  appropriations  of  money 
ought  to  be  promptly  made  by  this  Congress  for  the  sup 
port  of  the  military  and  naval  forces  of  the  Government, 
and  all  measures  of  legislation  necessary  to  increase  and 
promote  the  efficiency  of  the  army  and  navy  and  to  main 
tain  the  public  credit  ought  to  be  adopted;  that  through  a 
vigorous  prosecution  of  the  war,  peace,  on  the  basis  of  the 
union  of  the  States  and  the  supremacy  of  the  Constitution, 
may  be  the  most  speedily  obtained. 

Which  were  laid  upon  the  table— yeas  88, 
nays  66,  as  follows  : 

YEAS— Messrs.  Alley,  Arnold,  Ashley,  John  D.  Baldwin 
Baxter,  Beaman,  Blaine,  Blow,  Boutwell,  Boyd,  Brande^ee 
Broomall,  Ambrose  W.  Clark,  Freeman  Clarke,  Clay,  Cobb' 
Cole,  Creswell,  Henry  Winter  Davis,  Dawes,  Dixon  Don 
nelly,  Driggs,  Dumont,  Eckley,  F.liot,  Farnsworth,  Fcuton 
Frank,  Gartield,  Gooch,  Grinnell,  Higby,  Hooper,  Hotchkiss' 
Asahcl  W.  Hubbard,  John  II.  Hubbard.  Hulburd,  Jenckes, 
Julian,  Kasson,  Francis  W.  Kellogg,  Orlando  Kellogg,  Loan' 
Longyear,  Lovejoy,  Marvin,  McBride.  McClurg,  Mclndoe 
Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos 
Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth  Pat 
terson,  Perham,  Pike,  Pomeroy,  Price,  William  II  R-imlall 
Alexander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins' 
James  S.  Rollins,  Schenck,  Scolicld,  Shannon,  Sloan  Smith- 
crs,8paldlng,  Sterens, Thayer, Thomas,  Up<on  Van  Valkon- 
burgh,  Ellihu  B.  Wa,-:hburne,  William  B.  Was'.! burn,  Wh;;l«-v 
Williams,  Wilder,  Wilson,  Windom,  Woodbridge — J-8 

NAYS— Messrs.  Jamas  C.  Allen,  William  J.  Allen,  Anemia, 
fauy,  Augustus  C.  Baldwin,  Jacob  B.  Blair,  Bliss,  Brooks 
William  G.  Brown,  Chanler,  Coftroth,  Cox,  Crarens  Daw- 
son,  Denison,  Eden,  Edgerton,  'EUridae,  English,  JVncfe 
Ganson,  Grider,  Griswold.  Hall,  Hartttig,  Harrington,  W 
jamin  G.  Harris,  Charles  M.  Harris,  Herrick,  Holman, 


290 


LEGISLATION,    ORDERS,   PROCLAMATIONS,   ETC. 


William  Johnson,  Kernan,  Kinfj,  Knapp,  Law,  Lazear,  Le 
Blond.  Long,  Mollory,  Marry, ' Me  Dwell,  McKintiey,  Wil 
liam  H.  Miller.  James  It.  Morris,  Morrison,  Nelson,  Noble, 
Odell,  John  O'Neill,  Pendleton,  Robinson,  Royrrs,  Rr>ss, 
Scntt,  Smith,  John  B.  Steel e,  Stuart,  I'oorhees,  Wadsworth, 
Ward,  Whaler,  Chilton  A  White,  Joseph  W.  White,  Win- 
field,  Fernando  Wood,  Yeaman — GO. 

Feb.  3 — Mr.  COFFROTH  asked  consent  to  offer 
this  preamble  .and  resolution: 

Whereas  this  once  happy  and  prosperous  nation  has  been 
for  nearly  three  years  attempting  to  crush  a  cruH,  unjust, 
and  unrighteous  rebellion;  and  whereas  Congress  did  on 
the  22d  of  July,  1861,  with  unparalleled  unanimity  declare 
"  that  in  this  national  emergency,  Congress,  banishing  all 
feelings  of  mere  passion  or  resentment,  will  recollect  only 
Its  duty  to  the  whole  country;  that  this  war  is  not  waged 
on  their  part  in  any  spirit  of  oppression,  or  for  any  purpose 
of  conquest,  or  subjugation,  or  purpose  of  overthrowing  or 
Interfering  with  the  rights  or  established  institutions  of 
these  Stales,  but  to  defend  and  maintain  the  supremacy  of 
the  Constitution,  and  to  preserve  the  Union  with  all  the 
dignity,  equality,  and  rights  of  the  several  States  unim 
paired;  and  that  as  soon  as  these  objects  are  accomplished 
the  war  ought  to  cease ;"  and  whereas  the  President  of  the 
United  States  did,  on  the  22d  of  September,  A.  D.  1802,  and 
on  the  1st  of  January,  A.  D.  18G3,  and  on  the  Sth  of  Decem 
ber,  A.  D.  1863,  issue  proclamations  in  direct  violation  of 
this  resolution;  and  whereas  said  proclamations  have  di 
vided  the  Union  people  of  the  North,  who  at  one  time  were 
united  in  their  efforts  to  crush  the  rebellion :  Therefore,  in 
order  to  unite  all  the  Union-loving  people,  and  to  carry  out 
tho  spirit  of  said  resolution  and  restore  the  "  Union  as  it 
was"  under  the  "  Constitution  as  it  is." 

Be  it  resolved,  That  tho  President  of  the  United  States 
be  respectfully  requested  to  withdraw  said  proclamations, 
§o  that  all  tho  Union-loving  people  may  again  unite  to  man- 
tain  the  supremacy  of  the  Constitution,  and  to  preserve  the 
Union  with  all  the  dignity,  equality,  and  rights  of  the  sev 
eral  States  unimpaired. 

To  which  Mr.  GRINNELL  objected. 
1863,  December  16 — Mr.  JAMES  S.  ROLLINS 
offered  this  resolution : 

Resolved,  That,  prompted  by  a  just  patriotism,  we  are  in 
favor  of  an  earnest  and  successful  prosecution  of  the  war, 
and  that  wo  will  givea  warm  and  hearty  support  toall  those 
measures  which  will  be  most  effective  in  speedily  overcom 
ing  the  rebellion  and  in  securing  u  restoration  of  peace,  and 
which  may  not  substantially  infringe  the  Constitution  and 
tend  to  subvert  the  true  theory  and  character  of  the  Gov 
ernment;  and  we  hereby  reiterate  that  tho  present  deplor 
able  civil  war  has  been  forced  upon  the  country  by  the  dis- 
uaionists  now  in  revolt  against  the  constitutional  govern 
ment  ;  that  in  the  progress  of  this  war,  Congress,  banishing 
all  feeling  of  mere  passion  or  resentment,  will  recollect 
only  its  duty  to  the  whole  country;  that  this  war  is  not 
waged  on  our  part  iu  any  spirit  of  oppression,  nor  for  any 
purpose  of  couque-.it  or  subjugation,  nor  purpose  of  over 
throwing  or  interfering  with  the  rights  or  established  insti 
tutions  of  those  States,  but  to  defend  and  maintain  the 
supremacy  of  the  Constitution,  and  to  preserve  tho  Union 
with  all  the  dignity,  equality,  and  rights  of  the  several 
States  unimpaired;  that  as  soon  as  these  objects  are  accom 
plished,  the  war  ought  to  cease. 

A  motion  that  the  resolution  be  tabled  was 
disagreed  to — yeas  52,  nays  115,  as  follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
Baxter,  Boaman,  Blow,  Boutwell,  Boyd,  Brandegee,  Broom- 
all,  Cole,  Thomas  T.  Davis,  Dixon,  Donnelly,  Driggs,  Du- 
mont,  Eckley,  Eliot,  Oarfield,  Oooch,  Grinnell,  Hooper, 
Ilotchkiss,  Ilulburd,  Julian,  Kelley,  Francis  W.  Kellogg, 
Loan,  Longyear,  Lovejoy,  McCiurg,  Mclndoe,  Moorhoad, 
Amos  Myers,  Leonard  Myers,  Norton, Charles  O'Neill,  Orth, 
Perham,  Pomeroy,  Price,  Schenck,  Sloan,  Spalding,  Ste-  j 
vens,  Upson,  Van  Valken burgh,  William  B.  Washburn, 
\Vhalcy,  Wilder— 52. 

NAY.S — Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Hail;/,  Au'juatus  C.  Baldwin,  John  D. Baldwin,  Blaine.  Jacob 
B.  Blair,  BtiiS,  Brooks.  James  S.  Brown,  Chanter,  Ambrose 
W.  Clark,  Clay,  Cobli,  Coffroth,  Cox,  Cravens,  Croswell, 
Henry  Winter  Davis,  Dawes,  Jhuvson,  Doming,  Dcnis/m, 
I 'den,  Etif/erton,  Eldridye,  English,  Farnsworth,  Fenton, 
Finch;  Frank,  Gannon,  Gridcr,  Griswold,  Hale,  Hall,  Hard 
ing,  Harrington,  Benjamin  G.  Harris,  Charles  M.  Harris, 
Il'rrid;  Higby,  If <  Jinan,  Asahel  W.  Ilubbard,  Hidchins, 
Philip  Johnson,  Win.  Johnson,  Kasson,  Orlando  Kellogg, 
Kernan,  King,  Knapp,Law,  Lazear,  Le  Blond,  Long,  Mal- 
ln-y,  Marc i/,  Marvin,  McAllister,  McBridc,  McDowell,  Mc- 
Kinney,  Miduictim,  Samuel  F.  Miller,  Wm.  H.  Miller,  Mor- 
lill,  Daniel  Morris,  James  R.  Morris,  Morrison,  Nf'.-on, 
Noble,  Odell,  John  O'Neill,  Patterson,  PendMon,  Perry, 


Pike,  Radford,  Samuel  J.  Randall,  William  H.  Randall. 
Alexander  II.  Rice,  Robinson,  Rojers,  Edward  II.  Rollins, 
Jas.  S.  Rollins,  Ross,  Scofield,  Scott.  Shannon.  Smith,  Smith- 
tan,8Usbb(tu,  John  B.  Steele,  Win.  G.  Steele,  Stiles,  Stroute, 
Stuart,  Sweat,  Thayer,  Tracy,  Voorhees,  Wadsworth,  Ward, 
Ellilm  B.  Washburne,  Webster,  Wheeler,  <'hillon  A.  White, 
Joseph  W.  White,  Wilson,  Winjield,  Fernando  Wood,  Wood- 
bridge,  Yeaman — 115. 

It  then  went  over  under  the  rule  ;  and 

May  30 — Mr.  FERNANDO  WOOD  moved  that  it 

be  laid  on  the  table,  which  was  rejected — yeas 

27,  nays  114,  as  follows: 

YEAS — Messrs.  Allison,  Ames,  Anderson,  Arnold,  John  D. 
Baldwin,  Brandegee,  Creswell,  Thomas  T.  Davis,  Dawes, 
Donnelly,  Eliot,  Farnsworth,  Oarfield,  Orinnell,  Asahel  W. 
Ilubbard.  John  II.  Ilubbard,  Ilulburd,  Littlejohn,  Schonck, 
Sloan,  Spalding,  Stevens,  Ellihu  B.  Washburne,  Wilder, 
Wilson,  Windorn,  Fernando  Wood — 27. 

NATS — Messrs.  James  C.  Allen,  Alley,  Ancona,  Baily.  Au 
gustus  C.  Baldwin,  Baxter,  Bcaman,  Blaine,  Jacob  B.  Blair, 
Bliss,  Boyd,  Brooks,  James  S.  Brown,  Chanter,  Ambrose  W. 
Clark,  Freeman  Clarke,  Cobb,  Coffrnth,  Cole,  Cos,  Cravens, 
Duwson,  Eckley,  Eden,  Edyerton.  Eldritlge,  English,  Fenton, 
Finck,  Frank,  Ganson,  Gooch,  Griswold,  Harding,  Harring 
ton,  diaries  M.  Harris,  Herrick.  Higby,  Holman,  Hooper, 
Ilotchkiss,  Hutvhim,  Ingersoll,  Jenckes,  Philip  Johnson, 
William  Johnson,  Kasson,  Kelley,  Orlando  Kellogg,  Kernan, 
King,  Knapp,  Le  Blond,  Loan,  Long,  Longyear,  Mallory, 
Marcy,  Marvin,  McAllister,  McBride,  McClurg,  McDowell, 
Samuel  F.  Miller,  Morrill,  James  R.  Morris,  Morrison,  Amos 
Myers,  Leonard  Myers,  Nelson,  Noble,  Odell,  Charles  O'Neill, 
John  O'NcJll,  Orth,  Patterson,  Pendleton,  Perham,  Pike, 
Pomeroy,  Price,  Pru>/n,  Radford,  Simuel  J.  Randall,  Wrm. 
H.  Randall,  Alexander  II.  Rice,  John  II.  Rice,  Rogers,  Ed 
ward  II.  Rollins,  James  S.  Rollins,  Ross,  Scofield,  Scott, 
Shannon,  Smith,  Smithers,  John  B.  Steele,  William  G. 
Stfele,  Stiles,  Sweat,  Thayer,  Thomas,  Upson,  Van  Valken- 
burgh,  Vbnrhees,  Wadsworth,  William  B.  Wasliburn, 
Webster,  Whalcy,  Wheeler,  Joseph  W.  White,  Williams, 
Woodbridge,  Yeaman— 114. 

On  motion  of  Mr.  MORRILL,  it  was  then  re 
ferred  to  the  Committee  on  the  Rebellious 
States — yeas  81,  nays  66. 

First  Session,  Thirty-Eighth  Congress. 
IN  SENATE. 

1864,  February  23 — Mr.  CARLILE  introduced 
this  joint  resolution,  which  was  ordered  to  be 
printed: 

Resolved,  d-c.,  1.  That  the  military  power  of  the  Govern 
ment  can  only  be  rightfully  exerted  against  individuals  in 
arms  opposing  its  authority.  That  the  prosecution  of  hos 
tilities  against  the  citizens  of  the  States  in  rebellion  ought 
to  be  for  the  sole  purpose  of  maintaining  the  constitutional 
Union,  and  for  tho  restoration  of  the  Union  upon  the  basis 
of  the  Constitution,  leaving  to  each  State  the  regulation  of 
its  own  domestic  policy,  and  protecting  each  and  all  in  the 
enjoyment  of  the  right  of  self-government  as  recognized  by 
the  Constitution  of  tho  United  States. 

2.  That  the  President  bo  requested  to  declare  by  procla 
mation,  whenever  the  people  of  any  of  the  States  now  re 
sisting  the  authority  of  the  United  States  shall  reorganize 
their  State  government  by  repudiating  the  ordinances  ol 
secession  adopted  in  their  name  and  shall  recognize  their 
obligations  to  the  Union  under  the  Constitution,  lull  par 
don  and  amnesty  to  the  people  of  such  State,  assuring  the 
citizens  thereof  that  all  their  rights  of  person  and  of  prop 
erty  under  the  Constitution  shall  be  restored  to  and  en 
joyed  by  them ;  excepting,  however,  from  such  pardon  and 
amnesty  such  persons  as  shall  be  designated  by  tho  Legis 
latures  of  the  several  Suites  as  fit  persons  to  be  held  for 
trial  before  the  judicial  tribunals  of  the  United  States  under 
the  laws  thereof. 

ITS  PROSECUTION. 
Special  Session  of  Senate— 1861. 
1861,  March  26 — Mr.  BRECKINUIDGE  offered 
this  resolution : 

Resolved,  That  the  Senate  recommend  and  advi?e  the  re 
moval  of  the  United  States  troops  from  the  limits  of  the 
Confederate  States. 

Mr.  CLINGMAN  offered  this  substitute  : 

Resolved,  That,  in  the  opinion  of  the  Senate,  it  is  expedi 
ent  that  the  President  should  withdraw  all  the  troops  of 
the  United  States  from  the  SUtosol  South  Carolina,  Georgia, 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC, 


291 


f  lorida,  Alabama,  Mississippi,  Louisiana,  and  Texas,  and 
Abstain  from  all  attempts  to  collect  revenues  in  the  said 
States. 

March  27 — Mr.  TRUMDULL  offered  this  reso 
lution  : 

Resolved,  That,  in  tho  opinion  of  the  Senate,  the  true 
way  to  prererve  tho  Union  is  to  enforce  the  laws  of  the  Union; 
that  resistance  to  their  enforcement,  whether  under  tho 
name  of  anti-coercion  or  any  other  name,  is  encouragement 
to  disunion;  and  that  it  is  the  duty  of  the  President  to  use 
all  the  means  in  his  power  to  hold  and  protect  the  public 
property  of  the  United  States,  and  enforce  the  laws  thereof, 
as  well  in  the  States  of  South  Carolina,  Georgia,  Florida, 
Mississippi,  Alabama,  Louisiana,  and  Texas,  as  within  the 
other  States  of  the  Union. 

No  vote  was  taken  upon  either  of  these  prop 
ositions. 

First  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

1861,  July  26 — The  Senate  passed  the  follow 
ing  resolution,  offered  by  Mr.  CLARK  : 

Be  it  resolved,  d-c.,  That  we,  as  representatives  of  the  peo 
ple  and  States,  respectively,  do  hereby  declare  our  fixed  de 
termination  to  maintain  the  supremacy  of  the  Government 
and  the  integrity  of  the  Union  of  all  these  United  States ; 
and  to  this  end,  as  far  as  we  may  do  so,  we  pledge  the  entire 
resources  of  the  Government  and  people,  until  all  rebels 
ehall  submit  to  the  one  and  cease  their  efforts  to  destroy 
the  other. 

The  vote  was — yeas  34,  nays  1,  as  follows : 

YEAS— Messrs.  Anthony,  Bingham,  Browning,  Chandler, 
Clark,  Collamer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot, 
Foster.  Grimes,  Hale,  Harris,  Howe,  Johnson  of  Tennessee, 
King,  Lane  of  Indiana,  Lane  of  Kansas,  Latham,  McDouyall, 
Morrill,  Nesmith,  Pomeroy,  Salisbury,  Sherman,  Simmons, 
Sumner,  Ten  Eyck.  Thomson,  Trumbull,  Wade,  Willey— 34. 

NATS— Mr.  Breckinridge—l. 

IN  HOUSE. 

July  15 — Mr.  MCCLERNAND  offered  the  fol 
lowing  resolution  : 

Whereas  a  portion  of  the  people  of  the  United  States,  in 
violation  of  their  constitutional  obligations,  have  taken  up 
arms  against  the  National  Government,  and  are  now  striv 
ing,  by  aggressive  and  iniquitous  war,  to  overthrow  it  and 
break  up  the  Union  of  these  States  :  Therefore, 

Resolved,  That  this  House  hereby  pledges  itself  to  vote 
for  any  amount  of  money  and  any  number  of  men  which 
may  be  necessary  to  insure  a  speedy  and  effectual  suppres 
sion  of  such  rebellion  and  the  permanent  restoration  of  the 
Federal  authority  everywhere  within  the  limits  and  juris 
diction  of  the  United  States. 

The  resolution  was  agreed  to — yeas  121, 
nays  5,  (Burnett,  Grider,  Norton,  Reid,  and 
Benjamin  Wood. ) 

July  22 — Mr.  VANDEVER  asked  consent  to  offer 
this  resolution  : 

Resolved,  That  the  maintenance  of  the  Constitution,  the 
preservation  of  the  Union,  and  the  enforcement  of  the  laws, 
are  sacred  trusts  which  must  be  executed ;  that  no  disaster 
shall  discourage  us  from  the  most  ample  performance  of 
this  high  duty;  and  we  pledge  to  the  country  and  the 
world  the  employment  of  every  resource,  national  and  indi 
vidual,  for  the  suppression,  overthrow,  and  punishment  of 
rebels  in  arms. 

Consent  was  first  refused,  but  it  was  after 
wards  offered,  and  by  unanimous  consent, 
considered  and  agreed  to. 

July  22 — Mr.  WRIGHT,  of  Pennsylvania,  of 
fered  this  resolution  : 

Rewlved,  That  the  reverses  of  the  army  of  the  United 
States  yesterday,  tho  21st  instant,  at  Bull's  Run,  caused  by 
the  rebel  army,  hare  in  no  manner  impaired  tho  ultimate 
success  of  our  arms,  but  that  the  cause  of  human  liberty, 
the  preservation  of  tho  Union,  and  the  maintenance  of  the 
laws  pervading  the  hearts  and  affections  of  more  than 
twenty  millions  of  people,  are  a  sure  and  certain  guarantee 
that  the  Hag  of  our  country  shall  be  upheld,  and  the  Union 
preserved  to  the  people ;  that  we  call  on  all  loyal  people 
of  the  Union  to  respond  manfully  to  the  demand  of  tho 
Government  in  furnishing  men  and  money,  and  to  stand 
tog"ther  in  its  support  with  their  lives  and  fortunes. 


The  resolution  was  laid  on  the  table,    with- 
a  call  of  the  yeas  and  nays. 
Second  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

1862,  May  26 — Mr.  SUMNER  offered  this  reso 
lution  : 

Resolved,  That  in  the  prosecution  of  the  present  war  for 
the  suppression  of  a  wicked  rebellion,  the  time  has  come 
for  the  Government  of  the  United  States  to  appeal  to  the 
loyalty  of  the  whole  people  everywhere,  but  especially  in 
tho  rebel  districts,  and  to  invite  all,  without  distinction  of 
color  or  class,  to  make  their  loyalty  manifest  by  ceasing  to 
fight  or  labor  for  the  rebels,  and  also  by  rendering  every 
assistance  in  their  power  to  the  cause  of  the  Constitutor, 
and  the  Union,  according  to  their  ability,  whether  by  arms, 
or  labor,  or  information,  or  in  any  other  way;  and,  since 
protection  and  allegiance  are  reciprocal  duties,  dependent 
upon  each  other,  it  is  the  further  duty  of  the  Government 
of  the  United  States  to  maintain  all  such  loyal  people, 
without  distinction  of  color  or  class,  in  their  rights  as  men, 
according  to  the  principles  of  the  Declaration  of  Independ 
ence. 

June  18 — Mr.  GRIMES  offered  this  resolution  : 

Resolved,  (as  the  opinion  of  the  Senate.)  That  it  is  the 
right  and  duty  of  the  Government  to  call  all  loyal  persons 
within  the  rebellious  States  to  its  armed  defence  against  the 
traitors  who  are  seeking  its  overthrow. 

Third  Session,  Thirty-Seventh  Congress. 

1862,  December  5 — Mr.  MORRILL  offered  the 
following  resolution : 

Resolved,  That  at  no  time  since  the  commencement  of  the 
existing  rebellion,  have  the  forces  and  materials  in  th» 
hands  of  the  executive  department  of  the  Government  been 
so  ample  and  abundant  for  the  speedy  and  triumphant  term 
ination  of  the  war  as  at  the  present  moment ;  and  it  is  the 
duty  of  all  loyal  American  citizens,  regardless  of  minor  dif 
ferences  of  opinion,  and  especially  the  duty  of  every  officer 
and  soldier  in  the  field,  as  well  as  the  duty  of  every  depart 
ment  of  the  Government— the  legislative  branch  included— 
as  a  unit,  to  cordially  and  unitedly  stiike  down  the  assas 
sins,  at  once  and  forever,  who  have  conspired  to  destroy  our 
Constitution,  our  nationality,  and  that  prosperity  and  free 
dom  of  which  we  are  justly  proud  at  home  and  abroad,  and 
which  we  stand  pledged  to  perpetuate  forever. 

Which  was  agreed  to — yeas  105,  nays  1,  as 
follows  : 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baily, 
Baker,  Baxter,  Beaman,  Bingham,  Blake,  William  G. 
Brown,  Bufflnton,  Chamberlain,  Clark,  Clements,  Cobb,  Col- 
fax,  Frederick  A.  Colliding,  Roscoe  Coukling,  Corning,  Cox, 
Cravens,  Cutler,  Davis,  Dawes,  Delano,  Duell,  Dunlap, 
Dunn,  Edgerton,  Eliot,  Ely,  Fenton,  Samuel  C,  Fessenden, 
Thomas  A.  D.  Fessenden,  Fisher,  Franchot,  Frank,  Gooch, 
Goodwin,  Granger,  Grider,  Gurley,  Hale,  Hall,  Harrison, 
Hickman,  Holman,  Hooper,  Horton,  Hutchins,  Julian,  Kel- 
ley,  Francis  W.  Kellogs;,  Win.  Kellogtr,  Leary,  Loomis.  Love- 
joy,  Low.  McPherson.  Maynard,  Mitchell,  Moorhend,  Justin 
S.  Morrill,  Nixon,  Noble,  Nugen,  Odell,  Olin,  Patton,  Perry, 
Pike,  Pomeroy,  Porter,  Price,  John  II.  Rice.  Riddle,  E.  II. 
Rollins,  fc'argent,  Sedgwick,  Segar,  Shanks,  Sheffield,  Shella- 
barger,  Smith,  Spaulding,  John  B.  Steele,  Wm.  G.  Steele,  Ste 
vens,  r  tratton,  Benjamin  F.Thomas,  Francis  Tho  mas,  Train, 
Trowbridge,  Van  Horn,  Van  Valkenburgb,  Van  Wyck, 
Walker.  Wallace,  Whaley,  Wilson,  Windom,  Woodruff,  Wor 
cester,  Wright — 105. 

NAY— Mr.  William  J.  Allen— \. 

Mr.  Cox  offered  the  following  resolution  : 
Resolved,  That  tho  word  "  assassins,"  used  in  the  resolu 
tion  this  day  offered  by  tho  member  from  Vermont,  [Mr. 
MORRILL,]  is  intended  by  this  House  to  include  all  men, 
whether  from  the  North  or  the  South,  who  have  been 
instrumental  in  producing  tho  present  war,  and  especially 
those  in  and  out  of  Congress  who  have  betm  guilty  of  fla 
grant  breaches  of  tho  Constitution,  and  who  are  not  in 
favor  of  tho  establishment  of  the  Union  as  it  was  and  tho 
Constitution  as  it  is. 

Which  was  laid  upon  the  table — yeas  85, 
nays  41,  as  follows: 

YEAS— Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baity, 
!  Baker,  Baxter,  Beaman,  Biugham,  Jacob  B.  Blair,  Samuel 
!  S.  Blair,  Blake,  Buffiuton,  Chamberlain,  Clark,  Colfax, 
i  Frederick  A.  Conkliug,  Roscoe  Conkling,  Conway,  Covode, 
|  Cutler,  Davis,  Dawes,  Duell,  Dunn,  Edgertou,  Eliot,  Ely, 


292 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


Fonton,  Samuel  0.  Fe.ssenden,  Thomas  A.  D.  Fessenden, 
Fisher,  Franchot, Frank.  Goodwin.  Halo.  Harrison,  Hickman, 
Hooper,  Horton,  Hutehins.  Julian,  Kelley,  Leary,  Loomis, 
Love  joy,  Low,  McPherson.  Maynard,  Mitchell,  Moorhead, 
Jiutin  S.  Moi -rill,  Olin,  Patton,  Pike,  Ponicroy,  Porter,  Potter, 
John  II. Rice,  Riddle,  Edward  II.  Rollins,  Sargent,  Sedgwick, 
Sugar,  Shanks,  Sheffield,  Bhellabarger,  Sherman,  Sloan, 
Spaulding,  Stevens,  Stratton,  Benjamin  F.  Thomas,  Francis 
Thomas,  Train,  Trowbridge,  Van  Horn,  Van  Valkenburgh, 
Van  Wyck,  Walker,  Wallace,  Washburne,  Wilson,  Windom, 
Worcester— 85. 

NAYS — Messrs.  William  J.  Allen,  Ancona,  William  G. 
Brown,  Clements,  Cobb,  Corning,  Cox,  Dunlap,  Ktujllah, 
Granger,  Grider,  Hall,  Harding,  Holman,  Johnson,  Lazear, 
Mallory,  JUemies,  Noble,  Norton,  Nugen,  PendUton,  Perry, 
Price,  Richardson,  Robinson,  Sliicl,  Smith,  John  B.  Steele, 
Wm.  G.  Steele,  Stiles,  Vallandifjham,  ViKbard,  Vor/rhees, 
Ward,  Whaley,  CMlton  A.  Wltite,  Wicldiffe,  Woodruff', 
Wright,  Fraraan— 41. 

1862,  December  15 — Mr.  CONWAY  offered  the 
following  resolutions: 

Resolved,  That  freedom  and  slavery  cannot  co-exist  in  the 
same  Government  without  producing  endless  strife  find 
civil  war;  that  "a  house  divided  against  itself  cannot 
stand ;"  and  that  "  this  nation  must  be  all  free  or  all  slave." 

2*  That  the  American  Union  consists  of  those  States 
which  are  now  loyal  to  the  Federal  Constitution. 

3.  That  a  restoration  of  the  Union,  as  it  existed  prior  to 
the  rebellion,  would  be  a  greater  calamity  than  the  rebel 
lion  itself,  since  it  would  give  new  life  to  the  "irrepressible 
conflict,"  and  entail  upon  the  nation  another  cycle  of  bitter 
contention  and  civil  war. 

4.  That  the  seceded  States  can  only  be  put  down,  if  at  all, 
by  being  regarded  as  out  of  constitutional  relations  with 
tho  Union,  and  by  being  assailed  upon  principles  of  ordinary 
warfare  as  between  separate  nations. 

5.  That  if  any  person  in  tho  employment  of  the  United 
States,  in   either  tho    legislative  or    executive  branches, 
should  propose  to  make  peace,  or  should  accept  or  adviso 
the  acceptance  of  any  such  proposition  on  any  basis  which 
would  restore  the  slave  power  to  its  former  supremacy  in 
{he  Government,  or  by  any  new  compromise  or  amendment 
of  tho  Constitution  recognize  slavery  as  an  element  of 
power,  such  person  will  be  guilty  of  a  high  crime. 

6.  That  the  superior  resources  and  military  prowess  of 
tho  North  in  the  struggle  are  beyond  dispute,  and  that  the 
question  of  its  success  turns  not  upon  its  relative  ability, 
but  on  the  fitness  of  its  chief  Executive  Magistrate  to  give 
effect  to  its  power. 

7.  That  it  is  unsafe  to  intrust  the  execution  of  any  system 
of  administration  to  persons  who  are  not  in  cordial  sym 
pathy  therewith,  and  that  no  change  of  policy  in  the  con 
duct  of  tho  war  is  more  than  nominal  which  is  not  accom 
panied  by  a  complete  change  in  the  jtersonnel  of  the  execu 
tive  department. 

8.  That  it  is  a  matter  for  serious  reflection  whether  .an 
other  election  for  President  imist  not  supervene  before  the 
rightful  authority  of  the  nation  can  be  established,  and 
whether,  in  tho  mean  time,  it  is  not  a  flagrant  waste  of  our 
energies  to  continue  the, war. 

9.  That,  unless  the  army  of  the  West  shall  have  swept 
through  the  valley  of  the   Mississippi  to  its  mouth,  and  the 
army  of  the  Potomac  annihilated  the   legions   of  Lee  and 
Jackson,  thus  subverting  tho  military  power  of  the  rebel 
lion,  within  a  reasonable  time,  tho  best  interests  of  the 
country  and  humanity  will  require  a  cessation    of  hos 
tilities. 

10.  That  the  States  of  tho  North,  composing  the  American 
nation  and  wielding  its  power,  must  over  remain  one  and 
indivisible  on  the  basis  of  freedom  for  all,  without  distinc 
tion  of  race,  color,  or  condition  ;  that  their  mission   must 
ever  bo  to  extend  their  own  civilization  over  the  entire 
continent ;  and    that  whatever   derangements,  difficulties, 
checks,  or  defeats  the}'  may  encounter,  they  must  forever 
cherish  ;ind  pursue  the  inspiring  idea  of  nationality  and  con 
tinonUil  dominion. 

Which  were  laid  upon  the  table — yeas  132, 
nay  1,  as  follows  : 

YEAS — Messrs.  Aldrich,  William  J.  Allen,  Alley,  Ancona, 
Babbitt,  .Haiti/,  Baker,  Beaman,  Biddle,  Bingham,  Samuel 
S.  Blair,  Blake,  William  G.  Brown,  BufFinton,  Catrert,  Cham 
berlain,  Clark,  Clements,  Cobb,  Colfax,  Frederick  A.  Conk- 
ling,  Roscoo  Conkliyg,  Cor,  Crisfu'ld,  Crittcndeti,  Cutler, 
Dawes,  Delano,  DdapJaitw,  Duell,  JJinilap,  Dunn,  Edgerton, 
Edwards,  Eliot,  En'jlisli,  Fonton,  Samuel  C.  Fe-senden, 
Thomas  A.  D.  Fesseiiden,  Fisher,  Foiike,  Franchot,  Frank, 
Gooch,  Goodwin,  Granger,  Grider,  Gurley,  IfaiffM,  Hull, 
Harding,  Harrison,  Hickman,  Holman,  Hooper,  Hutching, 
Julian,  Kelley,  William  Kellogg,  Kerrigan,  Killinger,  Lan 
ding,  Lcary,  Loomis,  Love-joy.  Low,  McKnight,  MrPherson, 
Mallory,  Maynard,  Moifitt,  Mitchell,  Moorhead,  Auson  P. 


Morrill,  Justin  S.  Morriil,  Morris,  Nixon,  Noblt,  Xoell,  Nor 
ton,  Odell,  Patton,  Pendleton,  Pike.  Pomeroy,  Porter,  Potter, 
Price,  Alexander  H.  Rice,  John  II.  Rice,  JUeftordjOK,  Rid 
dle,  Robinson,  Edward  H.  Rollins,  Sargent,  Sedgwick,  8*- 
gar,  Shanks,  Sheffield,  Shellabarger,  Shiel,  Sloan,  Smith, 
Spaulding,  John  B.  Steele,  Stiles,  Stratton,  Benjamin  F. 
Thomas,  Francis  Thomas,  Train,  Trimble,  Trowbridge,  Val- 
landighcm.  Van  Horn.  Van  Valkenburgh,  Verree,  Wads- 
worth,  Walker,  Wall,  Wallace,  Ward,  Washburne,  Whaley, 
Albert  S.  White,  Chilian  A.  White,  Wickliffe,  Wilson,  Win- 
dom,  Woodruff,  Worcester,  Wright,  Yeanidn — 132. 
NAT— Mr.  Conway— 1. 

1863,  January  5 — Mr.  BLAKE  offered  the  fol 
lowing  resolution : 

Resolved,  That  this  House  earnestly  desires  the  most 
speedy  and  effectual  measures  taken  to  put  down  the  rebel 
lion  ;  that  any  propositions  for  peace  or  cessation  of  hostili 
ties  at  this  time  on  any  terms  other  than  an  unconditional 
submission  of  the  rebels  now  in  arms  against  the  Govern 
ment  to  the  requirements  of  the  Constitution  and  laws, 
would  be  pusillanimous  and  traitorous;  that  the  members 
of  this  House  do  hereby  give  the  most  earnest  assurances 
to  the  people  of  the  United  States  that  they  will  cheerfully 
co-operate  with  the  President  asCommander-in-Chief  of  the 
Army  and  Navy  in  any  measures  he  may  deem  proper, 
sanctioned  by  tho  Constitution  and  the  laws  of  civilized 
warfare,  to  strengthen  the  military  power  of  our  gallant 
soldiers  in  the  field  defending  the  Government,  and  to 
weaken  that  of  the  enemy  laboring  to  destroy  it. 

2.  That  the  only  alternative  Government  can  or  ought  at 
tliis  time  to  offer  to  rebels,  is,  submit  or  be  conquered. 

Which  was  considered,  but  no  action  taken 
thereon. 

January  8 — Mr.  HOLMAN  offered  the  follow 
ing  resolution  : 

Resolved,  That  the  duty  of  maintaining  the  integrity  of 
the  Union  of  the  States  under  the  present  form  of  govern 
ment,  with  the  limitations  of  the  Constitution  unimpaired, 
is  most  sacred  and  obligatory,  and  no  proposition  tending  to 
destroy  the  Union,  or  violate  the;  obligations  of  the  Consti 
tution,  can  rightfully  be  entertained  or  considered  by  the 
representatives  of  the  people  in  any  of  the  departments  of 
the  Government. 

2.  That  tho  free  and  unrestricted  navigation  of  the  Mis 
sissippi  river  must  be  restored  and  maintained  as  the  com 
mon  and  absolute  right  of  the  people  of  all  of  the  States, 
and  the  duty  to  vindicate  the  same  against  every  effort  to 
impair  it,  is  imperative,  and  cannot,  under  any  circum 
stances,  be  abandoned  by  the  Government  of  the  United 
States. 

The  consideration  of  which  was  postponed 
until  the  14th  instant,  but  not  again  called  up. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1864,  January  7 — Mr.   AMOS   MYERS  offered 
the  following,  which  were  referred  to  the  •  elect 
Committee  on  the  Rebellious  States  : 

Whereas,  in  the  opinion  of  this  House,  the  Federal  Gov 
eminent  is  invested  by  the  Constitution  of  the  United 
States  with  all  necessary  power  and  authority  to  suppress 
any  resistance,  whether  armed  or  unarmed,  to  the  rightful 
power  and  .jurisdiction  of  the  United  States:  Therefore, 

Be  it  resolved,  That  in  this  national  emergency  Congress 
will  forego  all  feeling  of  mere  passion,  except  that  which 
loyalty  dictates,  all  resentment  except  such  as  is  due  tc 
treason;  and  that  this  war  of  national  self-defence  against 
armed  rebels,  insurrectionary  traitors,  and  sympathizing 
abettors,  should  be  waged  on  our  part  until  such  rebels  and 
traitors  are  conquered  into  love  for  the  Union,  and  mado 
obedient  to  the  Constitution  and  laws  of  the  United  Stntes, 
and  take  tho  oath  of  allegiance  to  the  country,  and  of  sub 
mission  to  the  emaucipat ion  proclamation,  and  the  procla 
mation  of  December  8,  1803;  and  when  those  objects  are 
accomplished,  the  leading  rebels  and  chief  traitors  should 
be  hung,  and  the  war  cease. 

1804,  January  18 — Mr.  GREEN  CLAY  SMITH 
offered  this  preamble  and  resolution  : 

Whereas  a  most  desperate,  wicked,  and  bloody  rebellion 
exists  within  the  jurisdiction  of  tho  United  States,  and  tho 
safety  and  security  »f  personal  and  national  liberty  depend 
upon  its  utter  and  absolute  extinction :  Therefore. 

Resolved,  That  it  is  the  political,  civil,  moral,  and  sacred 
duty  of  the  people  to  mi,et  it,  fight  it,  crush  it,  and  forever 
destroy  it. 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC, 


29S 


Mr.  JAMES  C.  ALLEN  moved  to  lay  them  on 
the  table ;  which  was  disagreed  to— yeas  26, 
nays  102. 

The  YKAS  were : 

Messrs.  James  C.  Allen,  Ancona,  Brooks,  Chanler ,Vem- 
iuK  Denison,  Men,  Mgertan.  Eldridge,  Hcrrick,  William 
Johnson,  Knapp,  Long,  Many,  McDowdl,  McKinney,  Wm. 
H.  JUiWr,  Pendldon,  Robinson,  Rots,  Stiles,  Strouse,  loor- 
/tees,  ChiUon  A.  White,  Fernando  Wood,  Yeaman— 26. 

The  resolution  was  then  agreed  to — yeas  112, 
nays  16,  as  follows  : 

YEAS  —  Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley, 
Buihi  -iuimstus  C.  JJuldwin,  ,>ohn  D.  Baldwin,  Baxter, 
Blaine  Francis  P.  Blair,  jr.,  Jacob  B.  Blair,  Boutwell,  Boyd, 
Bnndegee  Broomall,  James  8.  Brnwn,  William  G.  Brown, 
\mbrose  W.  Clark,  Freeman  Clarke,  Cole,  Cravens,  Cres- 
well  Dawes  Deniing,  Dixoii,  Donnelly.  DriggB,  Eckley,  El 
dridge,  Eliot,  EnqUsK,  Farnswc.rth,  Fenton,  Frank,  Ganson, 
Garfield,  Gooch,  Grinnell,  Griiwold,  Hale,  Harding,  Higby, 
Hainan  Hooper,  Hotchkks,  Asahel  W.  Ilubbard,  Hutching, 
Jenckes.  Julian,  Kasson,  Kclley,  Francis  W.  Kellogg,  Or 
lando  Kellogg,  Kert/an,  Loan,  Longyear,  Lovejoy,  Marvin, 
MeBride,  Mel  lurg,  Mclndoe,  Middttinn,  Samuel  F.  Miller, 
Moorhead,  Morrill.  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Nelson,  Oilell,  Charles  O'Neill,  Orth,  Patterson, 
Pike,  Pomeroy,  Price,  Radford,  William  H.  Randall,  Alex 
ander  II.  Ilice.  John  II.  Rice.  Rogers,  Edward  II.  Rollins, 
James  S.  Rollins,  Schenck,  Scotield.  Shannon.  Smith,  Smith- 
«rs,  Spalding,  Stebbins,  Stevens,  Slrouse,  Stuart,  Sweat, 
Thayer,  Thomas,  Tracy,  Upson,  Van  Talkenburgh,  Wads- 
worth,  Ellihu  B.  Waahburne,  William  15.  Washburn,  Web 
ster,  Whaley,  Wheeler,  Williams,  Wilder,  Wilson,  Wiudoni, 
Winfidd,  Woodbridge— 112. 

NATS— Messrs.  J.  C.  Alien,  Ancona,  Drnison,  Benjamin  G. 
Harris.  Long,  Marcy,  McDowell,  William  H.  Milter,  Morri- 

n,  John  O'Neill,  rendition,  Robinson,  Stiles,  VoorJiees, 
.  White,  Fernando  Wood— 16. 


1864,  Feb.  8— Mr.  WM.  G.  BROWN  offered 
the  following  resolutions,  which  were  laid  over 
under  the  rule  : 

Whereas  our  beloved  country,  our  highly  cherished  in 
stitutions,  Constitution,  and  Union  of  the  States,  are  all 
imperilled  by  a  causeless  and  wicked  rebellion :  Be  it 
therefore, 

Resolved,  That  it  is  the  duty  of  every  loyal  citizen  to 
give  to  the  Government,  and  to  the  agents  in  its  employ, 
both  in  the  cabinet  and  in  the  field,  all  the  legitimate  aid 
and  comfort  in  his  power  in  their  efforts  to  put  down  such 
•rebellion. 

2.  That,  as  the  rebels  began  the  war,  we  will  prosecute  it 
until  the  last  insurgent  is  disarmed  and  the  authority  of  the 
United  States  acknowledged  over  every  foot  of  ground  be 
longing  to  the  Republic. 

3.  That  in  the  prosecution  of  the  war  we  will  use  all  the 
military  power  of  the  Government,  but  will  combine  with 
.it  all  the  means  of  conciliation  calculated  to  give  to  the 
Government  and  country  an  honorable  and  lasting  peace. 

4.  That  it  is  the  duty  of  the  Government,  so  far  as  it  is  in 
its  power  to  give  equal  protection  to  all  loyal  citizens  with 
out  reference  to  their  locality,  whether  residing  within  the 
seceded  or  loyal  States;  and  one  of  the  strong  incentives 
to  a  vigorous  prosecution  of  the  war  is  to  rescue  our  loyal 
brethren  of  the  rebellious  States  from  the  domination  of  a 
military  despotism. 

1864,  Feb.  8 — Mr.  JACOB  B.  BLAIR  offered 
the  fo'lowing  preamble  and  resolutions,  which 
were  laid  over  under  the  rule : 

Whereas  the  present  deplorab  le  civil  war  was  inaugu 
rated  and  is  still  carried  on  by  a  few  desperate  but  daring 
men  who,  without  any  cause  whatever,  have  not  only  filled 
the  land  with  widows  and  orphans  and  caused  almost  un 
told  millions  of  treasure  to  be  spent,  but  have  put  in  peril 
the  very  life  of  that  Government  which  never  deprived 
them  of  one  solitary  right,  but  which  was  so  mild  aud  be 
neficent  it  was  only  known  by  the  blessings  it  conferred. 
And  whereas  Jefferson  Davis,  the  chief  of  rebels,  is  reported 
to  have  said  in  a  speech  delivered  in  Jackson,  Mississippi, 
in  December,  1862  :  "  My  only  wonder  is  that  wo  consented 
'to  live  so  long  a  time  in  association  with  such  miscreants 
(referring  to  the  peoplo  of  the  North)  and  have  loved  a 
•Government  rotton  to  tbe  core.  Were  it  ever  to  be  pro 
posed  again  to  enter  into  a  union  with  such  a  people  1 
<;ould  no  mote  consent  to  do  it  than  to  trust  myself  in 
den  of  thieves."  Aud  whereas  this  same  high  official  i 
•tnc'greut  synagogue  of  rebeklom  has  repeatedly  since,  i 
Ins  messages  to  the  Rebel  Congress,  utterly  repudiated  th 


idea  of  ever  ceasing  his  wicked  designs  and  returning  to 
his  allegiance  to  tho  Government,  whose  Constitution  and 
laws  he  has  tram  | 'led   underfoot;  and  has  also  declared 
that  no  compromise  would  be  entertained  by  him,  or  those 
he  represents,  that  did  not  secure  to  the  States  in  rebellion, 
their  independence  and  final  separation  from  the  United 
States.     And  whereas   Alexander   H.   Stephens,  the  View 
President  of  the  so-called  Southern  Confederacy,  is  reported 
to  have  said  in  a  speech  delivered  in  the  month  of  July, 
1863,  at  Charlotte,  North  Carolina,  "As  for  reconstruction, 
such  a  thing  was  impossible  ;  such  an  idea  must  not  ba 
tolerated  for  an  instant.    Reconstruction  would  not  end  the 
war,  but  would  produces  more  horrible  war  than  that  tn 
which  we  are  now  engaged.    Tho  only  terms  on  which  wo 
can  obtain  permanent  peace  is  final  and  complete  separa 
tion  from  the  North.  Rather  than  submit  to  unythiBg  short 
of  that,  let  ns  all  resolve  to  die  like  men  worthy  of  free 
dom."    And  whereas  John  Letcher,  in  one  of  his  messages 
to  the  rebel  legislature  of  the  State  of  Virginia,  declared  : 
"The  alliance  between  us  is  dissolved,  (meaning  between 
the  United  States  and  the  southern  States,)  never,  I  trust, 
to  be  renewed,  at  any  time,  under  any  conceivable  state  of 
circumstances."    And  whereas  the   Richmond  Enquirer, 
one  of  the  organs  and  advocates  of  this  imaginary  South 
ern  Confederacy,  in  its  issue  of  January  9,  1863,   says: 
"  Separation  is  inevitable.    War  has  failed  to  prevent  it. 
Peace  cannot  stop  it.    An  armistice  with  propositions  for 
reconstruction  by  constitutional  amendments  of  conven 
tions  of  States  would  very  soon  reveal  the  fact  that  separa 
tion  was  final  ;  and  so  far  as  one  generation  can  speak  for 
ts  successors,  it  is  eternal."    And  whereas  the  Richmond 
Dispatch  of  January  10, 1863,  another  organ  of  the  leaders 
of  this  wanton  and  unprovoked  rebellion,  said  in  response 
oa  peace  and  reunion  speech,  delivered  in  New  York  by 
he  editor  of  tho  Express,   "That  we  assure  him  that  the 
people  of  the  Confederate  States  would  infinitely  prefer 
being  the  vassals  of  France  or  Eogland  ;  nay,  they  would 
prefer  to  be  serfs  of  Russia,  to  becomi  g  in  any  manner 
whatever    associated    politically    or    otherwise   with  tho 
Yankee  States."    And  further,  ""that  President  Davis  ex 
pressed    the  sentiment  of  the  entire  Confederacy  in  his 
speech  the  other  night,  (in  Richmond,)  when  ho  said  'the 
people  would  sooner  unite  with  a  nation  of  hyenas  than 
with  the  detestable  Yankee  nation.    Anything  but  that. 
English  colonization,  French  vassalage,  Russian  serfdom — 
all,  all  are  preferable  to  any  association  with  the  Yan 
kees.'  "    And  whereas  the  Richmond  Sentinel,  still  another 
advocate  of  this  new-fledged  Confederacy,  in  its  comments 
on  the  proceedings  of  what  is  known  as  the  Frank  Pierce 
meeting,  held  at  Concord,  New  Hampshire,  on  the  4th  ot 
July,  1863,  says,  "  Do  the  New  Hampshire  Democrats  sup 
pose  for  one  moment  that  we  could  so  much  as  think  of  a 
reunion  with  such  a  people  ?    Rather  tell  one  to  be  wedded 
to  a  corpse  ;  rather  join  hands  with  the  fiend  from  the  pit. 
The  blood  of  many  thousands  of  martyrs  is  between  us. 
A  thousand  feelings  of  horror  repel  the  idea  of  a  renewal 
of  affection."    And  whereas  the  Richmond  Whig,  another 
mouth-piece  of  treason  and  of  crime,  in  its  issue  of  the  10th 
of  January,  1S63,  speaking  of  those  who  are  opposed  to 
breaking  up  the  Union  bequeathed  to  them  by  their  fathers, 
says,   "They  are  by  nature  menials,  and  fitted  only  for 
menial   duties.    They  are   in  open  aud  flagrant  insurrec 
tion  against  their  natural  lords  and  masters,  tho  gentlemen 
of  the  South.    In  the  exercise  of  their  assumed  privileges 
they  deport  themselves  with  all  the  extravagant  airs,  the 
insolence,  the  cruelty,  tho  cowardice  aud  love  of  rapine, 
which  have  ever  characterized  the  revolt  of  slaves.    The 
former  leniency  of  their  masters  only  serves  to  aggravate 
tho  ferocity  of  their  nature.     When  they  are  again  reduced 
to  subjection,  and  taught  to  know  their  place,  we  must  take 
care  to  put  such  trammels  about  them  that  they  will  never 
have  an  opportunity  to  play  their  tricks  again."    It  is, 
therefore, 

1.  Resolved,  That  any  attempt  on  the  part  of  the  Govern 
ment  of  the  United  States  to  conciliate  the  leaders  of  the 
present  rebellion,  or  compromise  tho  questions  involved, 
would  be  but  an  attempt  on  the  one  hand  to  rob  the  gallows  of 
its  own,  and  on  the  other  to  humiliate  and  bring  into  utter 
contempt  this  Government  in  the  estimation  of  the  civilized 
world. 

2.  That  every  State  which  has  ever  been  is  still  a  State  in 
the  Union,  and  that  when  this  rebellion  shall  have  been  put 
down  each  of  tho  so-called  seceding  States  will  have  the 
same  rights,  privileges,  and  immunities  under  the  Constitu 
tion  as  any  of  the  loyal  States,  except  so  far  as  the  holding 
of  African  slaves  in  bondage  is  affected  by  the  President's 
proclamation  of  the  1st  of  January,  18G3,  the  action  of  Con 
gress  on  the  subject,  or  the  events  of  the  war. 

3.  That  this  House  utterly  repudiate    the  doctrine  ad 
vanced  by  some,  that  the  so-called  seceding  States  have 
ceased  to  be  States  of  and  in  the  Union,  and  have  be 
come  Territories  thereof,  or  stand  in  the  relation  of  foreign 
powers  at  war  therewith. 


294 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


1864,  Feb.  29— Mr.  SCHENCK  offered  these 
resolutions : 

Resolved,  That  the  present  war  which  this  Government 
is  carry! ;ig  on  against  armed  insurrectionists  and  others, 
banded  together  under  the  name  of  "Southern  Confed 
eracy,"  was  brought  on  by  a  wicked  and  wholly  unjusMfia- 
blo  rebellion,  and  all  those  engaged  in  or  aiding  or  encour 
aging  it  are  public  enemies,  and  should  be  treated  as  such. 

2.  That  this  rebellion  shall  be  effectually  put  down;  and 
that,  to  prevent  the  recurrence  of  such  rebellion,  in  future, 
the  causes  which  led  to  this  one  must  be  permanently  re 
moved. 

3.  That  in  this  struggle  which  is  going  on  for  the  saving 
of  our  country  and  free  government,  there  is  no  middle 
ground  on  which  any  good  citizen  or  true  patriot  can  stand; 
neutrality,  or  indifference,  or  anything  short  of  a  hearty 
support  of  the  Government,  being  a  crime  where  the  ques 
tion  is  between  loyalty  and  treason. 

A  division  of  the  question  having  been  called, 
The  first  resolution  and  the  first  branch  of 
the  second  were  agreed  to.  The  second  branch 
of  the  second  resolution,  "And  that,  to  prevent 
the  recurrence  of  such  rebellions  in  future,  the 
causes  which  led  to  this  one  must  be  perma 
nently  removed,"  was  agreed  to — yeas  124, 
nays  none,  as  follows  : 

YEAS— Messrs.  James  C.  Allen,  Alley,  Allison,  Ames, 
Ancona.,  Anderson,  Arnold.  Baily,  Augustus  V.  Baldwin, 
John  I).  Baldwin,  Baxter,  Francis  P.  Blair,  jr.,  Jacob  B. 
Blyir,  Bliss,  Blow,  Bout  well,  Boyd,  Brandogee,  Broods, 
Ambrose  W.Clark,  Freeman  Clarke,  Clay,  Cobb,  Onffrath, 
Cole,  Cox,  Creswell,  Henry  Winter  Dnvis,  Davves,  Dawson, 
Deming.  Denison,  Dixon,  'Donnelly,  Driggs,  Dnmont.  Eck- 
ley,  EJen,  Eldridge,  Eliot,  Farnsworth,  Fenten,  Finch, 
Frank,  Ganson,  Grider.  Griswold,  Hale,  Her  nek,  Iligby, 
Holman,  Hooper,  Ilotchkiss,  Asahel  W.  Hubbard,  John  II. 
Ilubbard,  Ilufchins,  Je::ckes,  Julian,  Kelley,  Orlando  Kel 
logg,  Kf.rnan.  King,  Knapp,  Law,  Loan,  Long,  Love.joy, 
Marcy,  Marvin.  McBride,  McClurg,  Mclndoe,  Samuel  F. 
Miller,  Wm.  H.  J/iZfcr,  Moorheail.  Morrili,  Da:;iel  Morris, 
Morrison,  Amos  Myers,  Leonard  Myers,  Nelson,  Noble, 
Norton,  Charles  O'Neill.  John  O'Neill,  Patterson,  Pet-ham, 
Ponifroy,  Pric-,  Radford,  Samuel  J.  Randall,  William  II. 
Randall,  John  II.  Rice,  Ross,  Schenck,Scofield,  Scott,  Shan 
non,  Sloan,  Smithers,  Spalding,  Starr,  Stebbins,  John  B. 
Steele,  Win.  G.  Xte.de,  Stevens,  Stiles,  Ktrouse,  Stuart,  Sweat, 
Thayer,  Thomas,  Tracy,  Upson,  Van  ValUenburgh,  Voor- 
hees,  William  B.  Washburn,  Whaley,  Williams,  Wilder, 
Wilson,  Windoin,  Wtnfield,  Woodbridge— 124. 

NATS — None. 

The  third  resolution  was  agreed  to — yeas 
109,  nays  none,  as  follows: 

YKAS — Messrs. , Tames  0.  Allen,  Alley,  Allison,  Ames,  An 
derson,  Arnold,  Baily,  Augustus  O.  Baldwin,  John  I).  Bald 
win,  Baxter,  Jacob  B.Blair,  Boulwell.  Boyd,  Brandt-gee, 
Brooks,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb,  Cole, 
Cox,  Creswell.  Henry  Winter  Duvis  Dawes,  Doming,  Deni- 
son,  Dixon,  Donnelly,  Driggs,  Dumont,  Eckley,  L/dnd;e, 
Eliot,  Fenton.  finck  Frank,  Ganson,  Garfield,  Grinnell, 
Griswold,  Hale,  Harrington,  Ilijrby,  Holman,  Ilotchkiss, 
Asahel  W.  Hnbbard  John  II.  Ilubbard,  Hutch'ns,  Jenclces, 
Julian,  Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Ker- 
nan,  King.  Knapp,  Loan,  Lovejoy,  Marvin,  Mcliride,  Mc 
Clurg.  Mclndoe,  McKinney,  William  IT.  Miller,  Moorhead, 
Morrili.  Daniel  Morris,  Morrison,  Amos  Myers,  Leonard 
Myers,  Nelson,  Noble.,  Norton,  Charles  O'Neill,  John  O'Neill, 
Patterson,  Perlium.  Pomeroy,  Price,  Radf^rd,  Sjmuel  J. 
Randall,  William  II.  Randall,  John  II.  Rice,  Rogers.  Ross, 
Schenck,  Scone  Id.  Shannon.  Sloan,  Smithers,  Spal-Jing, 
Stair,  Stebbins,  John  B.  Steele,  William  G.  Steele,  Strode, 
Stuart.  Thayer,  Thomas,  Upson,  Van  ValUenburgh,  Ellihu 
B.  Washburue.  Wi  li,-m  B.  Wnshbnrn,  Whaley,  Williams, 
Wilder,  Wilson,  Windoin,  \V infield-,  Woodbridg'e— 109. 

NAYS— None. 

1864,31arch  14— Mr.  JOHN  H.  RICE  offered  the 
following  resolutions,  which  were  laid  over 
under  the  rule  :  * 

Whereas  the  vital  principle  of  our  national  life  emanated 
from  and  survives  in  the  grand  and  Heaven-inspired  declara 
tion  "that  all  men  are  created  equal :  that  they  are  endowed 
by  their  Creator  with  certain  inalienable  rights ;  that  among 
theso  are  life,  liberty,  and  the  pursuit  of  happiness;"  and 
whereas  the  Government  of  the  United  States  was  estab 
lished  and  the  Constitution  adopted  in  the  earnest  desire 
and  confident  expectation  that  both  would  speedily  and 
finally  operate  in  harmony  with  said  ''declaration,"  and 


thereby  secure  to  all  native  and  naturalized  citizen*  equal 
civil  rights  and  privileges,  regardless  of  all  conditions  of 
birth,  race,  descent,  worldly  possessions,  or  religious  faith; 
and  whereas  tlu>  system  of  American  slavery  has  been  and 
is  utterly  subversive  and  destructive  of  the  aforesaid  prin- 
ciples,  desires,  and  expectations,  and  has  been  the  fruitful 
progenitor  of  all  manner  of  evils — social,  moral,  and  politi 
cal—producing  cruelty  and  oppression  to  the  slave,  de 
moralization  and  degradation  to  the  free  laborer,  and 
brutalization  and  arrogance  in  the  slave-driver  and  the 
slave-master,  and  has  finally  culminated  in  robbery  and 
murder,  rebellion  and  civil  war,  and  has  thus  conclusively 
demonstrated  that  it  cannot  be  longer  tolerated  with  safety 
to  the  Government  and  peace  to  the  Union,  and  that  jus 
tice,  sound  morality,  and  national  unity,  each  and  all, 
demand  its  entire  extinction;  and  whereas  our  people  of 
African  descent  have  in  the  present  w.ir  been  more  unani 
mous  in  their  loyalty  to  the  Government  and  their  ilcvoted- 
noss  to  the  Union  than  any  other  class,  and  have,  at  the 
call  of  Congress  and  the  Executive,  sprung  to  arms  to  pro 
tect  the  one  and  maintain  the  other,  and  have  bravely  and 
nobly  vindicated  their  courage  and  their  manhood  upon  the 
land  and  upon  the  water — on  the  battle-held  and  on  tho 
gun-deck;  and  whereas  the  freedmen  in  the  District  of 
Columbia  and  elsewhere  in  the  United  States  have,  by  their 
obedience  to  the  laws,  their  willingness  to  labor,  their 
desire  for  improvement,  and  their  ability  to  perform  mili 
tary  service,  evinced  their  capabilities  as  citi/ens  and 
soldiers,  and  thus  practically  reversed  and  annihilated  the 
monstrous  judicial  dictum  and  heartless  party  dogma  that 
"they  have  no  rights  which  white  men  are  bound  to  re 
spect:"  Therefore, 

Resolved,  That  the  Congress  of  the  United  States  should, 
by  positive  and  eOcctive  legislation,  arid  in  accordance  wiili 
the  true  theory  of  our  republican  form  of  government,, 
guaranty  and  secure  equality  of  civil  rights  and  privilege* 
to  all  classes  of  persons  residing  w.thin  the  District  of  Co 
lumbia  and  the  T  rritories,  and  whatever  else  the  Govern 
ment  of  the  United  States  possesses  sole  and  exclusive  juris 
diction,  who  aie  r -quired  and  made  liable,  under  the  Con 
stitution  and  the  laws,  to  contribute  to  the  support  and 
maintenance  of  the  Government  by  taxation  and  military 
service,  and  in  like  manner  to  protect,  secure,  and  defend 
all  persons  in  life,  liberty,  and  lawful  pursuits,  throughout 
the  length  and  breadth  of  the  Republic. 

i.'.  That  American  slavery,  having  engpndered  the  rebel 
lion  and  sustained  and  prolonged  the  war,  by  which  un 
counted  thousands  of  the  best  citizens  of  the  Republic  have 
been  made  to  suffer  and  ble.'d  and  die,  and  being  subversive 
of  natural  right  and  justice,  contrary  to  the  spirit  rf  our 
institutions,  destructive  of  the  best  interests  of  society,  dis 
graceful  to  our  civilization,  dangerous  to  the  Republic,  an«i 
accursed  of  God  and  all  good  men,  should  not  be  longer  tole 
rated,  but  should,  by  force  of  law  in  theadhering  States  and 
the  power  of  arms  in  the  rebellious  States,  be  forever  abol 
ished  and  exterminated. 

3.  That  all  statutes,  legislative  acts,  and  city  ordinances, 
having  tho  force  of  law,  in  the  District  of  Columbia  and  the 
organized  Territories  of  the  United  States,  whereby  persons 
of  African  descent  residing  th  rein  are  deprived  of  their 
civil  rights  and  restrained  of  their  just  privileges,  ought  in 
justice  to  bo  repealed  and  declared  void. 

May  23 — Mr.  KINNEY,  of  Utah  Territory, 
offered  this  resolution;  which  was  adopted: 

Resolved,  (as  the  sense  of  this  House,)  That  the  present 
crisis  in  the  history  of  this  causeless  and  unjustifiable  ro- 
bellion  calls  loudly  upon  Congress  for  united  patriotic  legis 
lation;  that  while  our  gallant  and  self-sacrificing  soldiers 
are,  with  u  courage  unexampled  either  in  ancient  or  mod 
ern  warfare,  sustaining  the  honor  of  the  nation  in  the  field, 
they  are  entitled  to  the  thanks  of  the  country  and  th» 
hearty  support  of  Congress;  and,  forgetting  for  the  present 
all  differences  upon  old  party  issues,  it  is  the  duty  of  Con 
gress  to  sustain  the  constittited  authorities  of  the  country 
in  their  efforts  to  suppress  the  rebellion. 

Propositions  for  "  Peace." 
First  Session,  Thirty-Seventh  Congress. 
IN  HOUSE.  (See  Appendix.) 

1861,  July  15 — Mr.  BENJAMIN  WOOD  offered 
this  resolution  : 

Resolved,  That  this  Congress  recommend  the  Governor* 
of  tho  several  States,  to  convene  their  Legislatures  for  the 
purpose  of  calling  an  election  to  select  two  delegates  from 
each  Congressional  District,  to  meet  in  general  Convention 
at  Louisville,  in  Kentucky,  on  the  first  Monday  in 
September  next,  the  purpose  of  the  said  Convention  to  be 
to  devise  measures  for  the  restoration  of  peace  to  our 
country. 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


295 


The  resolution  waylaid  on  the  table — yeas  93, 
nays  51,  as  follows: 

YEAS— Messrs.  Aldrich,  Alley,  Applcton,  Arnold,  Ashley, 
Babbitt  Baker,  Baxter,  Beaman,  Bingham,  Francis  P.  Blair, 
!?amii  •!  S.  JJluir,  Blake,  Bnffinton,  Chamberlain,  Clark, 
Colfax,  Frederick  A.  Conkling,  Roscue  Conkling,  Conway, 
Curtis,  Cutler.  Davis,  Dawes,  Delano,  Diven,  Duell.  Dunn, 
Ed'Trton,  Kilwards.  Eliot,  Ely,  Fenton.  Fessenden,  Franehot, 
Gooch,Goodwin, Granger,  Gurlcy,  Hale,  Hanchett,  Harrison, 
Hickinan,  Horton.  llutchins,  J  ulian,  Kelley,  Francis  W.  Kel- 
lorrg  William  K  el  logs,  Lansing.  Loomis.  Lovejoy,  McKean, 
McKnight,  McPherson,  Mitchell,  Moorhead,  Justin  S.  Mor- 
rill,  Nixon,  Olin,  Pattou,  Pike,  Porter,  Potter,  John  II.  Kice, 
Riddle.  Edward  II.  Rollins,  Sedgwick,  Shanks,  Sheffield, 
Shellabarger,  Sherman,  Shiel,  Sloan,  Spaulding,  Stevens, 
Strutton,  Benjamin  F.  Thomas,  Trowbridge,  Upton,  Vande- 
vfsr,  Van  Horn,  Van  Valkenburgh,  Van  Wyck.  Verree, 
Wall,  Wallace.  Charles  W.  W.iltou.  E.  P.  W'alton,  Wash- 
burne,  Wheeler,  Albert  S.  White,  Windom— 9o. 

NAYS— Messrs.  Allen,  Ancona,  Joseph  Baity,  George  H. 
Broicne.  Burnett,  Calrert,  Cobb.  Cooper,  Corning,  Cox,  Cra- 
rcHt,Crittendcn,  Delaplaine,  Dunlap,  English,  Fisher,  Fouke, 
Griper,  Haight,  Harding,  Holman,  Jackson,  Johnson,  Law, 
Luzeur,  Logan,  JUcdemand,  JUallory,  Morris,  Noble,  Noell, 
Norton,  Nugcn,  Odrll,  Pendleton,  Reid,  Richardson, Robinson, 
James  S.  Rollins,  Smith,  John  B.  Steele,  William  G.  Steele, 
Vallzndigh<i~,)i,  Vibbard,  Voorhees,  Wadsworth,  Ward, 
C'dlton  A.  White,  Wicklijfe,  Wood,  Woodruff— 51. 

July  29 — Mr.  Cox  asked  leave  to  offer  this 
resolution  : 

Whereas  it  is  the  part  of  rational  beings  to  terminate 
their  differences  by  rational  methods,  and  inasmuch  as  the 
differences  between  the  United  States  authorities  and  the 
seceding  States  have  resulted  in  a  civil  war,  characterized 
by  bitter  hostility  and  extreme  atrocity;  and  although  the 
party  in  the  seceded  States  are  guilty  of  breaking  the 
national  unity  and  resisting  the  national  authority  :  Yet, 

Be  it  resolved,  Fir.-st.  That  while  we  make  undiminished 
and  increased  exertions  by  our  navy  and  army  to  maintain 
the  integrity  and  stability  of  this  Government,  the  common 
laws  of  war,  consisting  of  those  maxims  of  humanity,  mod 
eration,  and  honor,  which  arc  a  part  of  the  international 
code,  ought  to  be  observed  by  both  parties,  and  for  a  stronger 
reason  than  exists  between  two  alien  nations,  inasmuch  as 
th',,'  two  parties  have  a  common  ancestry,  history,  prosper 
ity,  glory,  Government,  and  Union,  and  are  now  unhappily 
engaged  in  lacerating  their  common  r  mntry.  Second. 
Thiit,  resulting  from  these  premises,  while  there  ought  to 
be  left  open,  as  between  two  alien  nations,  the  same  means 
for  preventing  the  war  being  carried  to  outrageous  extrem 
ities,  there  ought  also  to  be.  left  open  some  means  for  the 
restoration  of  peace  and  union,  x'hird.  That  to  this  end — 
tho  restoration  of  peace  and  union  on  the  basis  of  the  Con 
stitution — there  be  appointed  a  committee  of  one  member 
from  each  State,  who  shall  report  to  this  House,  at  its  next 
session,  such  amendments  to  the  Constitution  of  the  United 
States,  as  shall  assuage  all  grievances,  and  bring  about  a 
reconstruction  of  the  national  unity;  and  that  for  the  prep 
aration  of  such  adjustment  and  the  conference  requisite 
for  that  purpose,  there  be  appointed  a  commission  of  seven 
citizens  of  the  United  States,  consisting  of  Edward  Everett 
of  Massachusetts,  Franklin  Pierce  of  New  Hampshire,  Mil- 
iard  Fillmore  of  New  York,  Reverdy  Johnson  of  Maryland. 
Martin  Van  Buren  of  New  York,  Thomas  Ewing  of  Ohio, 
and  James  Guthrie  of  Kentucky,  who  shall  request  from 
the  so-called  Confederate  States  the  appointment  of  a  simi 
lar  commission,  find  who  shall  meet  and  confer  on  the  FU!>- 
ject  in  the  city  of  Louisville  on  the  first  Monday  of  Sep 
tember  next.  And  that  the  committee  appointed  from  this 
House  notify  said  commissioners  of  their  appointment  and 
function,  and  report  their  action  to  the  next  session  as  an 
amendment  of  the  Constitution  of  the  United  States  to  be 
proposed  by  Congress  to  the  States  for  their  ratitication, 
according  to  the  fifth  article  of  said  Constitution. 

The  motion  to  suspend  the  rules  and  allow 
its  introduction  was  lost — yeas  41,  nays  85,  as 
follows : 

YEAS — Messrs.  Allen,  Ancona,  Joseph  Baily,  Burnett, 
Culvert,  Cox,  Cravens,  Crisfield,  Crittenden,  Dunlap,  Grider, 
Haiyld,  Harding,  Holmun,  Jackson,  Jolmson,  Law,  Leary, 
Logan,  Mallory,  Mat/,  Menzits,  Morris,  Noble,  Norton,  Nu- 
gm,  Pendleton,  P<-rry,  Reid,  Richardson,  Robinson,  Smith, 
William  G.  Slcde,  VaUcatdigham,  VoorJues,  Wadswortli, 
"Webster,  ChiltunA.  White,  Wicklijfe,  Wood,  Woodruff— 41. 

NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Bilker,  Baxter,  Beaman,  liinglutm,  Francis  P.  Blair,  Samuel 
S.  Blair,  Blake,  Buftinton,  Campbell,  Chamberlain,  Clark, 
Colfax,  Frederick  A.  Conkling,  Roscoe  Conkling,  Conway. 
Covode,  Cutler,  Davis,  Dawes,  Delano,  Diveu,  Duell.  Edger- 
lon,  Edwards,  Eliot,  Fessenden,  Franchot,  Frank,  Gooch, 


Goodwin,  Granger,  Gurley,  Hale,  Harrison,  Horton.  Hutch- 
ins,  Julian,  Kelley,  Francis  W.  Kellogg,  William  Kellogg, 
Lansing,  Loomis,  Lovejoy.  McKuan,  McKnight,  McPherson, 
Moorheac',,  Anson  P.  Morrill,  Justin  S.  Morrill,  Olin.  Pike, 
Pomeroy,  Porter,  Potter,  Alexander  II.  Rice,  John  II.  Ricp, 
Riddle,  Edward  H.  Rollins,  Sedgwick,  Shanks,  Slieffifhl, 
Shellabarger,  Sherman,  Spaulding,  Stevens,  Benjamin  K. 
Thomas,  Train,  Trowbridge,  Upton,  Vandever,  Van  Wyck, 
Wall,  Wallace.  Charles  W.  Walton.  E.  P.  Walton.  Wash- 
burne,  Albert  S.  White,  Windom,  Worcester,  Wright— 85. 

August  5— Mr.  CALVERT  offered  the  following 
resolution : 

That  whilst  it  is  the  duty  of  Congress,  by  appropriate 
legislation,  to  strengthen  the  hands  of  Government  in  its 
efforts  to  maintain  the  Union  and  enforce  the  supremacy  of 
the  laws,  it  is  no  less  our  duty  to  examine  into  the  original 
causes  of  our  dissensions,  and  to  apply  such  remedies  ;is 
are  best  calculated  to  restore  peace  and  Union  to  the  coun 
try  :  Therefore,  it  is 

Resolved,  (The  Senate  concurring  herein,)  That  a  joint 
committee,  to  consist  of  nine  members  of  this  House  and 
four  members  of  the  Senate,  be  appointed  to  consider  and 
report  to  Congress  such  amendments  to  the  Constitution 
and  laws  as  may  be  iiecessary  to  restore  mutual  confidence 
and  insure  a  more  perfect  and  durable  Union  amongst  these 
States. 

Which  was  laid  on  the  table — yeas  72,  nays 
39,  as  follows : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Goldsmith  F.  Bailey,  Baker,  Baxter,  Bingham,  Francis  P. 
Blair,  Samuel  S.  Blair,  Blake,  Buffinton,  Clark,  Colfax, 
Frederick  A.  Conkling,  Roscoe  Conkling,  Conway,  Dunn, 
Edwards,  Eliot.  Fenton,  Fessenden,  Frank,  Goodwin,  Gran 
ger,  Gurley,  Hale,  Harrison,  llutchins,  Julian,  Kelley, 
Francis  W.  Kellogg,  William  Kellogg,  Lansing.  Loomis, 
Lovejoy,  McKean,  McKnight,  McPherson,  Moorhead,  Anson 
P.  Morrill,  Justin  S.  Morrill.  Olin,  Pike,  Porter.  Potter, 
Alexander  II.  Rice,  John  II.  Rice,  Riddle,  Edward  II.  Rol 
lins,  Sedgwick,  Shanks,  Sheffield,  Shellabarger,  Sherman, 
Sloan,  Spaulding,  Stevens,  Benjamin  F.  Thomas,  Train, 
Trimble.  Trowbridge,  Van  Horn,  Verree,  Wall,  Wallace, 
Charles  W.  Walton,  E.  P.  Walton,  Albert  S.  White,  Win 
dom,  Worcester — 72. 

NAYS — Messrs.  Allen,  Ancona,  Joseph  Baily,  George  H. 
Browne,  Culvert,  Cox,  Cravens,  Crisfield,  Dunlap,  English, 
Fisher,  Fouke,  Grider,  Haigltt,  Harding,  Horton,  Johnson, 
Law,  Leary,  Logan,  May,  McClernand,  Morris,  Noble,  Odtll, 
Pendleton,  Phclps,  Richardson,  Robinson,  James  S.  Rollins, 
Sliiel,  Smith,  Willinm  G.  Steele,  Francis  Thomas,  Vallawllg- 
ham,  Wadsworth,  Ward,  Webster,  Wickliff'e—39. 

August  5 — Mr.  MAY  offered  the  following  : 
Whereas  the  Government  of  the  United  States  of  Amer 
ica  was  created  by  its  written  Constitution,  and  derived 
its  first  powers  alone  from  the  consent  of  the  people,  as 
contained  in  that  instrument,  and  it  has  no  other  powers, 
and  force  and  arms  can  neither  preserve  nor  rightfully  be 
permitted  to  violate  it  under  any  authority  whatsoever : 
and  whereas  Washington  and  other  great  sages  and  pa 
triots,  who  founded  our  General  Government,  solemnly 
warning  their  countrymen,  predicted  its  destruction  from 
the  establishment  of  a  sectional  political  party ;  and  they 
also  entreated  a  spirit  of  compromise  whenever  necessary 
to  preserve  the  Union;  and  whereas  a  civil  war  now  exists 
among  the  States  which  have  been  united,  and  which,  hav 
ing  already  prostrated  the  peace,  prosperity,  and  happiness 
of  the  people,  and  destroyed  many  valuable  citizens,  now 
threatens  their  destruction  in  countless  numbers,  and  by 
its  inevitable  tendency,  if  not  necessity,  the  final  overthrow 
of  free  constitutional  government :  Therefore, 

Be  it  resolved,  That  the  success  of  the  Republican  party, 
founded,  as  it  is,  on  a  sectional,  social,  and  political  ques 
tion,  is  justly  responsible  for  the  origin  of  our  present  nar 
tional  misfortunes. 

2.  That  the  uncompromising  spirit  hitherto  manifested 
by  the  representatives  of  that  party  has  prevented  a  peace 
ful  compromise  and  adjustment  of  our  unhappy  difficulties 
when  the  same  was  practicable. 

3.  That  if  the  present  war  continues,  the  only  safety  and 
refuge  of  constitutional  government  and  civil  liberty  will 
be  found  in  the  constitutions  and  sovereignty  of  the  several 
States,  and  afterwards,  through  them,  the  only  hope  of  a 
future  and  more  harmonious  reconstruction  of  the  Union. 

4  That  it  is  impossible  by  arms  to  subjugate  the  people 
of  the  seceded  States,  united  as  they  are  in  such  numbers, 
so  fully  prepared  and  resolved,  and  actuated  by  motives 
which  represent  the  just  pride  and  dignity  of  equals,  of 
trained  freemen,  of  American  citizens;  and  also  believing, 
as  they  do  to  a  man,  that  State,  home,  wife,  children,  prop 
erty,  all  and  every  security  and  benefit  of  Government  is  at 
stake,  and  that  the  most  cruel  and  merciless  means,  forced 


296 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


by  the  necessities  of  an  exhausting  and  desolating  war,  are 
to  be  employed  against  them. 

5.  That  in  view  of  all  .hesopubliccal  -mities,  and  toavoid 
the  in,  recognizing  the  necessities  which  control  human  af- 
fai-s,  as  our  fathers  of  the  revolution  did,  it  becomes  the 
duty  of  Congress,  before  it  closes  its  present  session,  to  pro- 
vi  e  Cor  th«  appointment  of  commissioners  to  procure  an 
ai  mistice  between  the  contending  armies,  and  restore  peace 
at  all  events;  and  who  shall  bo  empowered  to  arrange  a 
compromise  to  preserve  the  Union,  if  possible:  but  if  not, 
then  a  peaceful  separation  of  the  respective  States  cf  the 
Union,  as  well  such  as  now  claim  to  have  receded,  as 
others  which  may  by  the  sovereign  will  of  their  citizens  also 
hereafter  ordain  to  secede;  and  that  the  paid  commission 
ers  be  solemnly  enjoined  so  to  conduct  their  negotiations  as 
to  obtain,  if  possible,  in  the  future,  a  happy,  harmonious, 
and  perpetual  reconstruction  of  our  Unioti  of  States. 

Mr.  MAY  moved  to  suspend  the  rules  so  as  to 
consider  it  at  once;  which  was  lost — yeas  and 
nays  not  ordered. 

Second  Session,   Thirty-Seventh    Congress. 

IN  SENATE. 

1861,  December  4 — Mr.  SAULSBUUY  offered 
this  joint  resolution  : 

Whereas  the  people  of  the  States  of  Virginia,  North  Caro 
lina,  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi, 
Louisiana,  Texas,  Arkansas,  and  Tennessee  ore  in  revolt 
against  the  constitutional  Government  and  authority  of  the 
United  States,  and  have  assumed  to  secede  from  the  Federal 
Union,  arid  to  form  an  independent  government  under  tho 
name  of  tho  Confederate  States  of  America  :  and  whereas 
the  Congress  of  tho  United  States  approving  the  sentiment 
expressed  by  the  President,  in  his  annual  message,  "'that 
the  Union  must  be  preserved,  and  hence  all  indispensable 
means  must  be  employed/'  and  believing  that  kind  and  fra 
ternal  feeling  between  the  people  of  all  tho  States  is  indis- 
P"iisable  to  the  maintenance  of  a  happy  and  prosperous 
Union,  and  being  willing  to  manifest  such  feeling  on  their 
part,  to  Uio  end  that  peace  may  bo  restored  to  u  distracted 
country,  and  the  Union  and  Constitution  be  preserved  and 
maintained,  and  inviting  tho  co-operation  of  tho  people  of 
the  aforesaid  States  in  the  accomplishment  of  objects  so 
beneficial  to  each  and  all,  do  resolvo  as  follows  : 

Resolved,  <t:c.,  That  Millard  Fiilmore,  Franklin  Pierce, 
Roger  1$.  Taney,  Edward  Everett,  George  M.Dallas,  Thomas 
Ewing,  Horace  liinney,  lloverdy  Johnson,  John  J.  Critten- 
dcm,  George  E.  Pugh,  and  Richard  W.  Thompson  be,  and 
they  are  hereby,  appointed  commissioners  on  the  part  of 
Congress,  to  confer  with  a  like  number  of  commissioners, 
to  bo  appointed  by  tho  States  aforesaid,  lor  the  preservation 
of  the  Union  and  the  maintenance  of  the  Constitution,  and 
that  they  report  the  result  of  their  said  conference  to  Con 
gress  for  approval  or  rejection. 

2.  That  upon  the  appointment  of  commissioners,  as  here 
by  invited,  by  said  States,  and  upon  the  meeting  of  the  joint 
commission  for  the  purpose  of  conference  as  aforesaid,  active 
hostilities  shall  cease,  and  bo  suspended,  arid  shall  not  be 
renewed  unless  said  commission  shall  bo  unable  to  agree, 
ur  in  case  of  an  agreement  by  them,  said  agreement  shall 
be  rejected  either  by  Congress  or  by  the  aforesaid  States. 

It  was  laid  on  the  table. 
Third  Session,  Thirty-Seventh  Congress. 

IN  FENATE. 

18G2,  December  3— Mr.  DAVIS  offered  the  fol 
lowing  joint  resolution  : 

Resolved,  (f:c.,  That  it  be,  and  is  hereby,  recommended  to 
nil  the  States  to  choose  as  many  delegates,  severally,  as  they 
are  entitled  to  Senators  and  Representatives  in  Congress,  to 
meet  in  convention  in  Louisville,  Kentucky,  on  the  first 
Monday  in  April  next,  to  take  into  consideration  the  con 
dition  of  the  United  States,  and  the  proper  means  for  tho 
restoration  of  the  Union ;  and  that  the  Legislatures  of  the 
several  States  take  such  action  on  this  proposition  as  they 
may  det-m  tit  a£  the  earliest  practicable  day. 

Which  was  ordered  to  lie  on  the  table,  and 
be  printed. 

JN  HOUSE. 

Mr.  VALLANDIGHAM  offered  the  following 
resolution : 

Resolved,  That  this  House  does  earnestly  desire  that  th" 
most  speedy  and  effectual  measures  bo  taken  for  restorhr; 
peace  in  America;  and  that  no  time  may  be  lost  in  propos 
ing  an  immediate  cessation  of  hostilities,  in  order  to  the 


speedy  final  settlement  of  the  unhappy  controversies  irhich 
brought  about  this  unnecessary  and  injurious  civil  war,  by 
just  and  adequate  security  against  the  return  of  the  like 
calamities  in  times  to  come;  and  this  House  desires  to  offer 
tho  most  earnest  assurances  to  the  country  that  they  will, 
in  duo  time,  cheerfully  co-operate  with  tho  Executive  and 
the  States  for  the  restoration  of  the  Union,  by  su-h  explh  it 
and  most  solemn  amendments  and  provisions  of  the  Con 
stitution  as  may  be  found  necessary  for  securing  the  rights 
of  tho  several  States  and  sections  within  the  Union  under 
the  Constitution. 

The  resolution  giving  rise  to  debate,  was  laid 
over. 


CORRESPONDENCE    BETWEEN    PRESIDENT    LINCOLN 
AND    HON.   FERNANDO    WOOD. 
MR.  WOOD  TO  PRESIDENT  LINCOLN. 

NEW  YORK,  Z>?c«m&er  8, 1^62. 
Hon.  ABRAHAM  LINCOLN,  President  of  the  United  States: 

DEAR  SIR:  On  the  25th  of  November  last  I  was  advised 
by  an  authority,  which  1  deemed  likely  to  be  well  informed 
as  well  as  reliable  and  truthful,  that  the  Southern  State* 
would  send  Representatives  to  the  next  Congress,  provided 
that  a  full  and  general  amnesty  should  permit  them  to  do 
so.  No  guarantee  or  terms  were  asked  for  other  than  the 
amnesty  referred  to.  Deeming  this  information  of  great 
value,  if  well  founded,  I  communicated  it  in  substance  to 
the  Hon.  George  Opdyke,  t!ie  mayor  of  this  city,  whom  I 
knew  to  hold  confidential  relations  to  members  of  your  Ad 
ministration,  iind  proposing,  through  him,  that  if  tiie  Gov 
ernment  would  permit  t  ho  correspondence,  under  its  own 
inspection,  I  would  undertake  to'procuro  something  definite 
and  positive  from  persons  connected  with  theso-caJled  Con 
federate  authorities.  Mr.  Opdyke  stated  in  reply  that  sev 
eral  Senators  from  New  England  States  were  then  in  this 
city  on  their  way  to  Washington,  to  whom  he  would  at 
once  communicate  the  proposition,  and  advise  nie  of  the  an 
swer.  Knowing  that  these  gentlemen  were  your  friends, 
and  supposing  that  they  would  immediately  confer  with  you 
on  their  arrival  at  the  capital,  and  supposing  that  1  should 
be  speedily  informed  of  the  result,  I  have  delayed  until  now 
making  a  communication  direct  to  you. 

I  now  learn,  however,  from  Mr.  Opdyke  this  day,  that  ho 
failed  to  see  these  Senators  when  iu  New  York,  and  that  he 
had  not  made  the  proposition,  and  that  therefore  you  are 
not  in  possession  of  it  as  coming  from  myself. 

As  an  humble  but  loyal  citizen,  deeply  impressed  with 
the  great  necessity  of  restoring  the  Union  of  these  States,! 
ask  your  immediate  attention  to  this  subject.  The  magni 
tude' of  the  interests  ;;t  stake  warrant  some  executive  ac 
tion  predicated  upon  this  information,  if  it  be  only  to  ascer 
tain  if  it  be  grounded  upon  even  probable  foundation.  If 
it  shall  prove  groundless  no  barm  shall  have  been  done, 
provided  the  inquiry  be  made,  as  it  can  be,  without  compro 
mising  the  Government  or  injury  to  the  cause  in  whit  h  it 
is  now  engaged.  If,  however,  it  shall  prove  well  founded, 
there  is  rio  estimate  too  high  to  place  upon  its  national 
value. 

Now,  therefore,  Mr  President.  I  suggest  that  gentlemen 
whose  former  political  and  social  relations  with  the  leaders 
of  the  Southern  revolt  may  be  allowed  to  bold  unofficial 
correspondence  with  them  on  this  subject— the  correspond 
ence  to  be  submitted  to  you.  It  may  be  thus  ascertained 
what,  if  any,  credence  may  be  given  to  these  statements, 
and  also  whether  a  peaceful  solution  of  the  present  struggle 
may  not  be  attainable.  I  am  mire  nothing  that  I  can  say 
can  add  to  your  own  well  known  desire  to  produce  this  re 
sult.  Your  exalted  position,  the  embarrassments  and  re 
sponsibilities  which  surround  you  upon  all  sides,  the  bleed 
ing  condition  of  the  country,  b  coming  exhausted,  not  only 
in  the  impoverishment  of  its  b  -st  life  blood,  of  i-  dustrial 
production,  but  in  the  deterioration  and  consequent  de 
struction  of  our  political  institutions — all  call  upon  you,  as 
our  chief  ruler,  to  take  on*  stc  p  upon  tho  road  of  peaceful 
effort,  by  which  to  ascertain  whether  the  time  has  not  ar 
rived  when  other  methods  than  brute  fighting  may  not  ac 
complish  what  military  force  has  failed  to  do. 

In  tho  origin  of  this  struggle,  you  foresaw,  that  such  a 
time  would  come.  Your  inaugural  address  delivered  near 
two  years  aero,  pointed  with  prophetic  vision  the  certain  re- 
sults'of  tho  impending  conflict  of  arms.  Your  language  then 
was, '•  Suppose  you  go  to  war,  you  cannot  fight  always, 
and  when,  after  much  loss  on  both  sides,  and  no  gain  on 
either,  you  cease  fighting,  the  identical  questions  r.s  to  terms 
of  intercourse  are  again  upon  you."  You  saw  thntnftcr  ^ 
bloody  and  terrible  struggle  "  tho  still  small  voice  of  rea 
son''  would  intervene  and  settle  the  controversy.  \  on  know 
that  since  the  establishment  of  Christian  civili.:  tion  n  p>- 
tiation  and  compromise  have,  sooner  or  Liter,  determined 
every  military  conquest.  It  cannot  be  otheru  i  ,c  In  re.  1 1  .H 


LEGISLATION,    ORDPJRS,    PROCLAMATIONS,   ETC, 


297 


not  the  time  arrived  when,  to  quote  your  own  language,  we 
nhould  "cease  fighting,"  at  lea.-<t  long  enough  to  ascertain 
whether  *'tho  identical  questions''  about  which  we  began 
rtic  li  'lit  may  not  bit  amicably  and  honorably  adjusted,  and 
the  ••terms  of  intercourse"  bo  once  more  peaceably  estab 
lished?  It  is  to  this  end  that  1  now  address  you — with 
confidante  in  your  patriotism,  and  with  no  desire  to  inter 
fere  with  your  legitimate  constitutional  prerogatives. 
I  am,  with  high  respect,  your,  ve 


PRESIDENT  LINCOLN  TO  MR    WOOD. 

EXECUTIVE  MANSION, 
WASHINGTON.  December  12,  18G2. 

HON.  FERNANDO  Wo  >D  : 

MY  DEAR  SIR  :  Your  letter  of  the  8th.  with  the  accompa 
nying  note  of  same  date,  was  received  yesterday . 

The  most  important  paragraph  in  the  letter,  as  I  con- 
eider,  is  in  these  words:  "On  the  25th  of  November  last  I 
•was  advised  by  an  authority  which  I  deemed  likely  to 
be  well  informed  as  well  as  reliable  and  truthful,  that  the 
Southern  States  would  send  representatives  to  the  next 
Congress,  provided  that  a  full  and  general  amnesty  should 
permit  them  to  do  so.  No  guaranties  orterms  were  asked 
fur  other  than  the  amnesty  referred  to  " 

I  strongly  suspect  your  information  will  prove  to  be 
groundless :  nevertheless  I  thank  you  for  communicating, 
it  to  me.  Understanding  the  phrase  in  the  paragraph 
above  quoted—"  the  Southern  States  would  send  represen 
tatives  to  the  next  Congress''— to  be  substantially  the 
some  as  that  "the  people  of  the  Southern  States  would 
cease  resistance,  and  would  reinaugurate,  submit  to,  and 
maintain  the  national  authority  within  the  limits  of  such 
States,  under  the  Constitution  of  the  United  States."  I 
eay  that  in  such  case  the  war  would  cease  on  the  part  of 
the  United  States;  and  that  if  within  a  reasonable  time 
'•a full  and  general  amnesty"  were  necessary  to  such  end, 
it  would  not  be  withheld. 

I  do  not  think  it  would  be  proper  now  to  communicate 
this,  formally  or  informally,  to  the  people  of  the  Southern 
States.  My  belief  is  that  they  already  know  it;  and  when 
they  choose,  if  ever,  they  can  communicate  with  me  une 
quivocally.  Nor  do  I  think  it  proper  now  to  suspend  mili- 
ttry  operations  to  try  any  experiment  of  negotiation. 

I  bhould  nevertheless  receive,  with  great  pleasure,  the 
exact  information  you  now  have,  and  also  such  other  as  you 
may  in  any  way  obtain.  Such  information  might  be  more 
valuable  before  the  1st  of  January  than  afterward. 

While  there   is   nothing  in   th-s    letter  wlncn  I  should 
dread  to  see  in  history,  it  is,  perhaps,  better  for  the  present 
that  its  existence  should  not  become  public.     I  therefore 
have  to  request  that  you  will  regard  it  as  confidential. 
Your  obedient  servant, 

ABRAHAM   LINCOLN. 

MR.  WOOD  TO  PRESIDENT  LINCOLN. 

NEW  YORK,  December  17, 1862. 
His  Excellency  ABRAHAM  LINCOLN  : 

MY  DEAR  SIR:  Your  letter  of  the  12th  instant  was  handed 
to  me  on  the  afternoon  of  the  15th  instant  by  Mr.  Wake- 
man,  the  postmaster  of  this  city. 

Pardon  me,  Mr.  President,  when  I  say  that  your  reply 
has  fi.led  me  with  profound  regret.  It  declines  what  I  had 
conceived  to  be  an  innocent  effort  to  ascertain  the  fouiida 
tion  for  information  in  my  possession  of  a  desire  in  the 
South  to  return  to  the  Union  It  thus  appears  to  beau  in 
dication  on  your  part  to  continue  a  policy  which,  in  my 
judgment,  is  not  only  unwise,  but,  in  the  opinion  of  many, 
is  in  conflict  with  the  constitutional  authority  vested  in  the 
Federal  Government. 

I  think,  however,  that  my  proposition  is  in  keeping  with 
your  own  expressed  conditions  upon  which  the  war  shall 
cease.  You  say  that  "  when  the  people  of  the  southern 
States  would  cease  resistance,  and  would  reinaugurate,  sub 
mit  to,  and  maintain  the  national  authority  within  the 
limits  of  such  States  under  the  Constitution  of  the  United 
States,  that  in  such  case  the  war  would  cease  on  the  part  of 
the  United  States." 

Admitting  this  position  as  correct,  you  will  see  that  as  a 
condition  precedent  to  such  submission  the  opportunity  to 
do  HO  must  be  afforded.  It  nuinot  bo  expected  that  the 
southern  people  will  cease  resistance,  so  long  as  we  pro 
claim  our  intention  to  destroy  their  local  institutions,  their 
property,  and  their  lives,  and  accompany  the  declaration 
with  corresponding  legislative,  executive,  social,  and  politi 
cal  ju'ti'iu.  They  cannot  cease  resistance,  and  reinaugu 
rate,  submit  to,  and  maintain  the  Federal  authority,  if  wo 
will  not  let  thrm  alone  long  enough  to  do  so.  If  they 
really  desire  acquiescence,  and  are  willing  to  send  delegates 
to  the  next  Congress,  as  I  am  advised,  how  can  they  do  so 
without  the  opportunity,  and  without  some  intimations  or 


guarantees  ns  to  the  reception  of  their  representatives  at 
Washington?  The  act  of  sending  representatives  to  Congress 
.s  within  irsclf  a  full  compliance  with  your  own  conditions. 
If  thus  represented  by  their  own  selected  agents,  chosen 
inder  the  forms  and  in  pursuance  of  their  own  local  State 
aws  governing  such  elections,  they  will  compose  an  inte 
gral  portion  of  the  Government,  and  thus  give  the  assurance 
of  an  "  acquiescence  and  submission"  of  the  very  highest 
and  most  satisfactory  character. 

My  respectful  suggestion  was  that  you  should  put  it  in 
their  power  to  take  this  course.  It  would  require  a  sim 
ple  proclamation  of  general  amnesty,  to  bo  qualified,  if  you 
please,  by  such  conditions  as  to  render  it  void  in  case  of 
non-compliance  within  a  limited  period.  You  have  estab 
lished  a  precedent  for  this  mode  of  speaking  to  those  peo 
plo.  Your  Emancipation  Proclamation  told  of  punieh- 
nent.  Let  another  be  issued,  speaking  the  language  of 
nercy  and  breathing  the  spirit  of  conciliation. 

The  painful  events  which  have  occured  since  my  com 
munication  of  the  8th  instant  but  embolden  me  to  renew 
its  suggestions.  I  hope  you  will  now  no  longer  refuse  •'  to 
suspend  military  operation*  to  try  an  experiment  cf  ne 
gotiation."  I  feel  that  military  operations  so  bloody  and 
exhausting  as  ours  must  sooner  or  later  be  suspended. 
The  day  of  suspension  must  come.  The  only  question  is, 
whether  it  shall  be  before  the  whole  America^  people, 
North  and  South,  shall  be  involved  in  general  ruin,  or 
whether  it  shall  he  whilst  there  is  remaining  sufficient  of 
the  recuperative  element  of  life  by  which  to  restore  our 
once  happy,  prosperous,  and  peaceful  American  Union. 

In  compliance  with  your  request  that  your  letter  shall 
not  for  the  present  become  public,  I  shall  withhold  its  pub 
lication  at  this  time. 

With  high  regard,  yours,  &c., 

FERNANDO  WOOD. 


First  Session,  Thirty-Eighth  Congress. 
IN  SENATE. 

18G4,  June  9  —  Mr.  DAVIS,  of  Kentucky, 
sought  to  introduce  this  joint  resolution,  but 
objection  was  made  : 

A  joint  resolution  to  restore  peace  among  the  people  of  the 
United  States. 

Resolved,  <£c.,  That  three  years  of  civil  war  in  which  the 
enormous  expenditure  of  blood  and  treasure  has  no  parallel 
in  the  world's  history,  and  whose  wide-spread  rapine  and 
diabolical  cruelties  have  shocked  Christendom,  and  which, 
from  alternating  success,  has  produced  no  essential  results, 
prove  that  war  was  not  the  proper  remedy  for  our  national 
troubles. 

2.  That  if  the  people  of  America  would  save  and  restore 
their  shattered  Constitution  and  avert  from  themselves 
and  their  posterity  the  slavery  of  a  military  despotism  nnd 
of  a  public  debt,  the  interest  upon  which  all  the  avails  of 
their  labor  and  economy  will  never  meet,  they  must  bring 
this  war  to  a  speedy  close. 

3.  That  the  President  of  the  United  States  be,  and  he  is 
hereby,  authorized  to  propose  a  cessation  of  arms  and  an 
amnesty  to  the  authorities  of  the  Confederate  States  of 
America,  with  a  view  to  a  convention  of  tho  people  of  all 
the  States  to  reconstruct  their  Union ;  and  if  that  cannot 
be  effected,  then  that  said  convention  agree  upon  the  terms 
of  a  separation  of  the  States  without  the  further  effusion 
of  blood,  and  of  a  lasting  peace  among  them. 

IN  HOUSE. 

1863,  Dec.  14 — Mr.  FERNANDO  WOOD  offered 
this  resolution : 

Wrhereas  the  President,  in  his  message  delivered  to  this 
House  on  the  9th  instant,  and  in  his  recommendation  to  tho 
people  to  assemble  at  their  places  of  worship  and  give- 
thanks  to  God  for  recent  victories,  claims  that  the  Uniou 
cause  has  gained  important  and  substantial  advantages ; 
and  whereas,  in  view  of  these  triumphs,  it  is  no  longer  be 
neath  our  dignity  nor  dangerous  to  our  safety  to  evince  a 
generous  magnanimity  becoming  a  great  and  powerful  peo 
ple,  by  offering  to  the  insurgents  an  opportunity  to  return 
to  Aie  Union  without  imposing  upon  them  degrading  or 
destructive  conditions :  Therefore, 

Resolved,  That  the  President  be  requested  to  appoint 
three  commissioners,  who  shall  be  empowered  to  open  ne 
gotiations  with  the  authorities  at  Richmond,  to  the  end 
that  this  bloody,  destructive,  and  inhuman  war  shall  cease, 
and  the  Union  be  restored  upon  terms  of  equity,  fraternity, 
and  equality,  under  tne  Constitution. 

Mr.  ELUHU  "3.  WASHBURNE  moved  that  the 


298 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


resolution  lie   on  the   table,  which  was  agreed 
to  —  yens  98,  nays  59,  as  follows  : 

YEAS  —  Messrs  Alley,  Allison,  Anderson,  Arnold,  Ashley, 
Baily,  J.  D.  Baldwin,  Baxter,  Beainan,  Blaine,  .T.  B.  Blair, 
Blow,  Boutwell,  Boyd,  Braudegee,  Broomall,  William  G. 
Browr,  Ambrose  W.  Clark,  Freeman  Clarke,  CoMi,  Cole, 
Crcsweil,  Henry  Winter  Davis,  Dawes,  liomiiig,  Dixoti,  Don 
nelly,  Driggs,  Dumont,  Eckley,  Eliot,  Farnsworth,  Feuton, 
,  Grin:iell,  Gritwold,  Highy,  Hooper, 


Hochkiss,  AsalK-1  W.  Hubbard,  J.  II.  Hubbard,  Iliilbuni, 
Jenckes,  Julian,  KaHHon,  Francis  W.  Krlloirg,  Orlando  Kcl- 
logg,  Loan,  Lougyear,  I.ovejoy,  Marvin,  McBride,  M<Clurg, 
Mclndoe,  Samuel  F.  Miller.  .Moorhead,  Morrill,  Daniel  Mor 
ris,  Amos  Myers,  Leonard  Myers,  Norton,  Charles  O'Neill, 
Orth,  Patterson,  Pet  ham,  Pike,  Pomery,  Price,  William  H. 
Randall,  Alexander  II.  Rice,  John  H.  Rice,  Edward  H. 
Rollins,.  -chencic,  Scofield.  Shannon,  Sloan,  Smith,  Smithers, 
Spalding,  Stevens,  Thayer,  TboinaH,  Tracy,  Upson,  Van 
Valkenburgh,  Ward,  Ellihn  B.  Washburne,  Wm.  B.  Wash- 
burn,  Whaley,  Wheeler,  Williams,  Wilder,  Wilson,  Windom 
Woodbridge,  Yeamo.n—  98. 

NAYS  —  Messrs.  James  C.  Allen,  Wm.  .7.  Allen.  Ancona. 
Augustus  C.  Baldwin,  Bliss,  Brinks,  Chanter.  Clay,  Coffroth, 
Cox,  Cravens,  Dawson,  Denison,  Eden,  Eitgerton',  Eldridge, 
English,  Find-,  Gnder,  Harding,  Harrington,  Benjamin 
G.  Harris.  Charles  M.  Harris,  Herrick,  Holman.  William 
Johnson,  Ke.rnan,  King,  Knapp,  Law,  Lazear,  Le  Blond, 
Long,  Mallory,  Marcy,  Mcf.'owcll,  McKinney,  William  H. 
Miller.  James  R.  Morris,  Morrison,  Nelson,  Noble,  Odell 
John  O'Neill,  Pendleton,  Robinson,  James  S.  R,  llins,  Ross, 
Scott,  Stebbins.  John  B.  Stcele,  Stuart,  Sweat,  Vuorhees 
Wadsworth,  Cliilton  A.  White,  Joseph  W.  While,  Win  field 
Wood—M. 

Dec.  1.7  —  Mr.  GREEN  CLAY  SMITH  offered  these 
resolutions  : 

1.  Re--oloed,  That  as  our  country,  and  the  very  existence 
of  the  bestgovernment  ever  instituted  by  man,  ure  imper 
illed  by  the  most  causeless  and  wicked  rebellion  that  the 
world  has  seen,  and  believing,  as  we  do.  that  the  only  hope 
of  s.iving  this  country  and  preserving  this  Government  is 
by  ihe  power  of  the  sword,  we  are  for  the  most  vigorous 
prose  -uiion  of  the  war   until  the   Constitution   and  laws 
sba.li  be  enforced  and  obeyed  in   all  parts  of  the  United 
Stales  ;  and  to  that  end  we  oppose  any  armistice,  or  inter 
vention,  or  mediation,  or  proposition-  for  peace  from  any 
quarter,  so  long  a.s  there  shall   b:;   found  a  rebel  inarms 
against  the  Government     and  we  ignore  all  party  names, 
line^,  and  issues,  and  recognize  but  two  parties  in  this  war 
—  patriots  ;md  traitors. 

2.  That  we  hold  U  to  be  the  duty  of  Congress  to  pass  all 
necessary  bills  to  supply  men  p.nd  money,  and  the  duty  of 
the  people  to  render  every  aid  in  their  power  to  the  consti 
tuted  PH  horiiieaof  th*  Government  in  the  crushing  out  of 
the  rebellion,  and  in  bringing  the  let'iclers   thereof  to  con 
dign  punishment. 

o.  'i  hat  our  thanks  are  tendered  to  our  soldiers  in  the 
field  for  their  galantry  in  defending  and  upholding  the 
flag  of  the  Union,  and  defending  the  great  principles  dear 
to  every  American  patriot. 

A  division  of  the  question  having  been 
called,  and  the  question  being  on  the  first  re 
solution  : 

Mr.  ANCONA  moved  that  it  be  laid  on  the 
table  ;  which  was  disagreed  to-  —  yeas  60,  nays 
100,  as  follows  : 

YEAS—  Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona     StrWm*,  John  B.  Steele,  William  G.  &'•••  !>:  St-.-v.-ns,  .s?ro«y»-, 
Bliss,  Brooks,  Chanler,  Clay,  Coffrolh,  Cox,  Cravens,  Daw-  \  Soarf,  Sweat,  Thayer,  Thomas,  Tracy,  Van  Valkenburgh, 
son,  Denison,  Eden,  E/Jgerton,   Eldridge,   English,   Pint-It,  \   Wadm-orfh,  Ward,  Ellihu  1!.  Washburne,  William  B.  Wa.-b- 
Gridcr,  Hall,  Harding,  Hinington,  Benjamin  G.  Harris,  ; 
Charles  M.   Harris,  Herri"k,    William  Johnson,   Kernan, 
King,  Knapp,  Law,  Le  Blond,  Long,  Mallory,  McDowell, 
McKinney,  Mtddleton,  William  H.  Miller,  James  R.  Morris, 
Morrison,  Nelson,  Noble,  John  O'Neill,  Pendleton,  Had  ford, 
Samuel  J.  Randall,  Robinson,  Rogers,  James  S.  Rollins, 
Ross,  John  B.  8t<>ele,  Miles,  Stnmse.  S/uart,  Sweat,  Voorhers, 
WadsworUi,  Wheeler,  Chilton  A.  White,  Joseph  W.  White. 
Win  Held,  Hood—  GO. 


Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Norton,  Odell, 
Charles  O'Neill,  Orfh,  Patterson,  Perham.  Pike,  Pomeroy 
Price,  William  II.  Randall,  Alexander  11.  Rice,  John  II 
Rice,  Edward  H.  Rollins,  Schenck,  Scofiel  1.  Shannon, 
Sloan,  Smith,  Smithers,  Spalding,  Sibling,  Stevens.  Thaver 
Tracy,  Van  Valkenburgh,  Ward.  Kllihu  B.  Washbuine. 
William  B.  Waahburn,  Whaley,  WillianiB,  Wilder,  Wilson, 
Windom,  Woodbridge—  100. 

The  resolution  was  then  agreed  to  —  yeas  94r 
nays  65,  as  follows  : 

YEAS  —  Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Buily,  John  D.  Baldwin,  Bcanian,  Blaine,  Blow, 
Boutwell,  Boyd,  Brandegee,  Broomall,  Ambrose  W.  Clark, 
Cobb,  Cole,  Creswell,  Henry  Winter  Davis,  Thos.  T.  Davis, 
Dawes,  Doming,  Dixon,  Donnelly,  Driggs,  Dumont,  Ecklry, 
Eliot,  Farnswortli,  Fenton.  Frank,  Qarfleld,  Uoocb  Grin- 
nell,  Hale,  Higby,  Hooper.  Hok-hkiss,  Asahel  AV.  Hubbard, 
John  H.  Hnbbard,  Hulburd,  Jenckos,  Kasson,  Kelli-y,  Fran 
cis  Wr.  Kollogg,  Orlando  Kellogg,  Loan,  Longyear,  Lovejoy, 
Marvin,  McAUitt'r,  McIJridf,  McClurg,  Mclndoe,  Sanin<;I  K. 
Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  MM-I.-, 
Leonard  Myers,  Norton,  Odell,  Charles  O'Neill,  Orth,  >at- 
tertion,  Perham.  Pike,  Pomeroy,  Price,  William  IT.  Randall, 
Alexander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins, 
Schenck,  Scofidd,  Shannon,  Sloan,  Smith,  Smithers.  Spald- 
iug,  Stevens,  Thay<,-r,  Tracy,  Van  Valkenburgh,  Ellihu  B. 
Washburnc,  Wm.  B.  Washlmrn,  Whaley,  Wiliiams,  Wilder, 
Wilson,  Windom,  Woodbridge,  yearn  an  —  94. 

NAYS  —  Mobsrs.  James  C.  Allen,  William  J.  Allen.  Ancona, 
Augustus  C.  Baldwin,  Bliss,  Brooks,  Chanler,  C<,ff>'otli,  Corr 
Cravens,  Dawson,  Dmison,  E<l<n,  Ed'/erlon,  JSldridge,  Eng 
lish,  Finck,  Ganson,  G  rider,  Grixwold.  Hall,  Harding,  Ben 
jamin  G.  Harris,  Charles  M.  Harris,  Herrick,  Hutchins, 
William  Johnson.  Krrnun,  Knapp,  Lav.',  Le  Blond,  Long, 
Mallory,  Marcy,  McDowell,  McKinnej,  Mi'Mlelon,  Wm.  H. 
Miller,  James  R.  Morris,  Morrison,  Nelson,  Noble,  John 
O'Neill,  J'endleton.  Perry,  Raciford,  Samuel  J.  Randall, 
Robinson,  Rogers,  James  S.  Rollins,  Ross,  Scott,  John  B. 
Steels.,  William  G.  Steclf.  SMes,  Strouse,  Stuart,  Voorhees. 
WadsworfJt,  Ward.  Wha-ter,  Chilian  A.  White,  Joseph  W. 
White,  Winfield,  Fernando  Wood—  65. 

The  second  resolution  was  agreed  to  —  yeas 
153,  nays  1,  as  follows  : 

YEAS—  Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Bail//,  Augustus  C.  Baldwin.  John  D.  Baldwin, 
Beaman,  Blaine,  Blisx,  Blow,  Boutwell,  Boyd,  Brandegee, 
Brooks,  Broomall,  James  S.  Brown,  William  G.  Brown, 
Chanler,  Ambrose  W.  Clark,  Freeman  Clarke,  'Very,  Cobb, 


s, 


Coffroth,  Cole,  Cox,  Cravens,  Creswell,  Henry  Winter  Dav 
Thomas  T.  Davis,  Dawes,  Damson,  Deming.  Dmison,  Dixon, 
Donnelly,  Driggs,  Dumont,  Eckley,  Edg.-rton,  Eldridge, 
Eliot,  English,  Farnswortli,  Fenton,  Find;  Frank.  (!ans<,n, 
Garficld,  Gooch,  Gridtr,  Griunell,  Griswuld,  Hale,  Hall, 
Harding,  Charles  M.  Harris,  Herrick,  Higby.  ilol.n<in, 
Hooper,  HotchkJss,  Asahel  W.  Ilubbard,  John  H.  Ilubbard, 
Hulburd,  Htdchins,  Jcuckes,  Win.  Johnson,  Julian,  Kassoo, 
Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  Kernan^ 
King,  Law,  Lazear,  Le  Blond,  Loan,  Lovejoy,  Mallory, 
Marvin,  McAllister, McBride, McClurg, Mclndoe," .V .'Kim,  y, 
Middleton,  Samuel  F.  Miller,  William  H.  Miller,  Moorhead, 
Morrill,  Daniel  Morris,  James  If.  Morris,  Morrison,  Amos 
Myers,  Leonard  Myers,  Nelson,  Noble,  Norton,  Odell, 
Charles  O'Neill,  John  O'Neill,  Orth,  Patterson,  Perham, 
Perry,  Pike,  Pomeroy,  Price,  Had  ford,  Samuel  J.  Randall, 
William  II.  Randafl.  Alexander  II.  Rice,  John  II.  Rice, 
Rogers,  Edward  II.  Rollins,  James  fl.  Rollins,  Schenck, 
Scofield,  Scott,  Shannon,  Sloan,  Smith.  Smithers,  Spalding, 


NAYS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  Baily,  Au 
gustus  C.  Baldwin.  Join:  D.  Baldwin,  Beaman,  Blaine,  Blow, 
Boutwell,  Boyd,  Rrand^egeo,  Broomall,  James  S.  Broivn, 
William  G.  Brown,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cobb,  Cole,  Creswell,  Henry  Winter  Davis,  Thomas  T. 
Davis,  Dawes,  Doming,  Dixon,  Donnelly,  Driggs,  Dumont, 
Eckley,  Eliot,  Farnswortli,  Fenton,  Frank,  (TatUOff.Qarfield, 
Goo;-h,  Grinncll,  Gn'airold,  Hale,  Higby.  Hooper,  Hotchkiss, 
Asahel  W.  Ilubbard.  Jno.  II.  Hubbard.  Hulburd,  Hntchins, 
Jenckes,  Julian.  Kasson,  Kelley,  Frauds  W.  Kellogg,  Or- 


burn,  Whaley,  Wheeler,  Joseph  W.  White,  Williams,  Wilder, 
Wilson,  Wiudom,  Winjifld,  Woodbridge,  1'eaman— 153. 
NAY — Mr.  Benjamin  G.  Harris — 1. 

The  third  resolution  was  agreed  to  -  yeas  168, 
nays  1,  (Mr.  B  G.  Harris.} 

On  this  vote,  Messrs  James  C.  Allen,  Wm.  J. 
Allen,  Ancona,  Eden,  Harrington,  Knapp,  Long, 
Longyear,  Mc.Dowtll,  Pendlelon,  Robinson,  Stiles, 
roorhf.es.  Webster,  Chilton  A.  White  and  Fer 
nando  Wood — 10.  who  are  not  recorded  before, 
voted  aye;  and  Mr.  Hooper,  who  it  recorded 
before,  did  Hot  vote. 

1864,  Jan.  7 — Mr.  JOHN  D.  BALDWIN  offered 
this  preamble  and  resolution  : 

Whereas  the  organized  treason  having   its   headquarters 


lando  Kellogg,  Loan,  Lovejoy.  Marvin.  McAllister,  McBride,  |  at  Richmond   exists   in   defiant  violation   of  the  national 
McClurg,  Mrlndoe,  Samuel'  F.  Miller,  Moorhead,  Morrill,  j  Constitution  and  has  no  claim  to  be  treated  otherwise  thai 


LEGISLATION,    ORDERS,    PROCLAMATIONS,    ETC. 


299 


M  an  outlaw  ;  and  where  is  1hi<  Richmond  combination  of 
conspirators  and  traitors  can  have  nor  ghtful  authority  <>v  T 
th"  peij'l'1  of  any  porti  m  of  tlie  national  Union,  and  no 
warrant  for  assuming  control  of  the  political  destiny  of  the 
popln  of  any  ^tate  or  section  of  this  Union,  and  no  apology 
but  that  t-f  conspiracy  and  treason  for  any  assumption 
of  authority  whatever:  Therefore, 

Resolved.  That  any  proposition  to  negotiate  with  the 
rebel  leaders  at  Richmond  (sometimes  called  '-the  author 
ities  at  Richmond")  for  a  restoration  of  loyalty  and  order 
in  those  portions  of  the  Republic  which  have  been  disor 
ganized  by  the  rebellion  is.  in  effect,  a  proposition  to  rec 
ognize  the  ringleaders  of  the  rebellion  as  entitled  to  repre- 
Bent  and  bind  the  loyal  cisizens  of  the  United  States 
whom  they  oppress,  and  to  give  countenance  and  support 
to  the  pretensions  of  conspiracy  and  treason;  and  there 
fore  every  such  proposition  should  be  rejected  without 
hesitation  and  delay. 

Mr.  Cox  moved  to  lay  the  resolution  on  the 
table,  which  was  disagreed  to ;  and  it  was  then 
passed — yeas  88,  nays  24,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Baily,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Baxter, 
Beaman,  Blaine,  Jacob  E.  Blair,  Blow,  Boutwell,  Boyd, 
Brandegee,  Broomall,  James  S.  Brown,  Wi  liam  G.  Brown, 
Cobb,  Cole,  Creswell,  Henry  Winter  Davis,  Dawes,  Doming, 
Dixon,  Donnelly,  Eckley,  Eliot, Farnsworth,Fentou.  Garfield, 
Gooch.  Grinnell,  Griswrtd,  Ha!e,Higby,  Holman,  Hooper, 
John  H.  Hubbard,  Hulbiird,  Julian,  Kasson,  Keiley,  Fran- 
cis  W.  Ke'.hgg,  Kernan, King.  Loan,  Longyear,  Lovejoy, 
Marvin,  McBride,  McClurg,  '  Middleton,  Morrill,  Daniel 
Morris,  Amos  Myers,  Leonard  Myers,  Moses  F.  0deW,Charlep 
O'NiMil,  Orth,  Per  ham,  Pike,  Pomeroy,  Price,  William  H. 
Randall,  John  H.  Rice,  Scotield,  Shannon,  Sloan,  Smith, 
Smithers,  Spalding,  jSfewttu.  Stevens, Sweat-filmy  cr,  Tracy, 
Upson,Van  Valkenburgh,  Ellihn  B.  Washburne,  William 
B.  Washburn,  Webster,  Williams,  Wilson,  Wmdom,  Wood- 
bridge,  Yeaman — 88. 

NAYS— Messrs.  Ancona,  Bliss,  Brooks,  Cox,  Dcnison.  Edger- 
ton,  Finck,  Harrington,  Charles  M.  Harris,  Her  rick,  Knapp, 
Long,  Marcy,  William  II.  Miller,  Morrifon,  Noble,  Pendle- 
ton,  Perry,  Pruyn,  Samuel  J.  Randall,  Rogers,  Ross, 
Sirouse,  Fernando  Wood — 24. 

The  preamble  was  then  agreed  to — yeas  102, 
nays  none,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames.  Anderson,  Arnold, 
Daily,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Baxter, 
Blaine,  Jacob  B.  Blair,  Blow,  Boutwell,  Brandegee,  Brooks, 
Broomoll,  James  S.  Brown,  Win.  G.  Brown,  Cobb,  Cbffrath, 
3ole,  Cox,  Cravens,  Creswell.  Thomas  T.Davis,  Dawes,  Dem- 
ing.  Dr.nison,  Dixon,  Eliot,  Feuton,  Finck,  Frank,  Garfield, 
Gooch.  Grider,  Grinnell,  Griswold,  Hale,  Harrington,  Her- 
rick,  Higby,  Holman.  Hooper.  John  II.  Hubbard.  Hulburd, 
Julian,  Ka.-son,  Keiley,  Francis  \V.  Kellogg,  Kernan,  King, 
Lazear,  Loan,  Longyear,  Lovejoy,  Marvin,  McBride. 
McClurg,  Middle' on.  Win.  H.  Miller,  Morrill,  Daniel  Morris, 
Amos  Myers,  Leonard  Myers,  Noble,  Norton,  Odett,  Charles 
O'Neill.  Orth,  Pike,  Pomeroy,  Price,  Pruyn,  Samuel  J.  Ran 
dall,  William  II.  Randall,  John  II.  Rice,  Rogers,  Scofleld, 
Sloan.  Smi-h,  Smithers,  SpaU'.ing,  Stebbins,  John  B.  Steele, 
Wn.  G.  Steele,  Stevens,  Strouse,  Sweat,  Thayer,  Tracy,  Up- 
son,  Van  Vulkfnburgh,  Eilihu  B.  Washburne,  William  B. 
Washburn,  Webster,  Joseph  W.  White,  Williams,  Wilson, 
Windom,  Woodbridge,  Yeaman— 102. 

NAYS— None. 

January  7 — Mr.  ROGERS  offered  these  reso 
lutions  : 

Resolved,  That  as  our  country  and  the  existence  of  the 
old  Union  are  imperilled  by  a  rebellion  against  the  wisest 
and  best  government  ever  devised  by  man,  we  are  for  the 
most  united,  determined,  and  vigorous  prosecution  of  the 
war  for  the  purpose  of  enforcing  the  Constitution  of  the 
United  States  arid  the  laws  made  in  pursuance  thereof  in 
all  parts  of  the  United  States;  but  at  the  same  time  wo  are 
for  adding  to  force  the  power  of  conciliation  and  compro 
mise  so  far  as  is  consistent  with  an  honorable  and  lasting 
peace,  and  founded  solely  upon  a  restoration  of  the  Union 
under  the  Constitution,  and  in  no  event  to  agree  to  or  coun 
tenance  a  dissolution  of  the  Union;  and  that  we  believe 
the  appointment  of  commissioners  upon  the  part  of  the 
Federal  Government,  to  meet  commissioners  similarly  ap 
pointed  by  the  insurgent  States,  to  convene  in  some  suitable 
place  for  the  purpose  of  considering  whether  any,  and  if 
any,  what  plan  may  be  adopted  consistent  with  tlie  honor 
and  dignity  of  the  nation,  and  based  upon  a  restoration  of 
the  whole  Union,  by  which  the  present  war  may  be  brought 
to  a  close,  and  the  lives,  limbs,  and  health  of  the  gallant 
officers  and  soldiers  of  the  Union  preserved,  and  the  liber 
ties  of  the  people  maintained,  is  not  inconsistent  with  the 


honor  and  dignity  of  the  Federal  Government,  but,  as  an 
indication  of  the  spirit  which  animates  the  adhering  States, 
would,  in  any  event,  tend  to  strengthen  us  in  the  opinion- 
of  other  nations  and  the  loyal  people  of  the  insurgent 
States;  and  hoping,  as  we  sincerely  do,  that  the  people  of 
the  southern  States  would  reciprocate  the  peaceful  indica 
tions  thus  evinced,  and  believing,  as  we  do,  that  under  the 
blessings  of  God  great  benefits  would  arise  from  such  con 
ference,  we  most  earnestly  recommend  such  conference  to 
the  consideration  of  the  President  and  Senate  of  the  United 
States,  and  request  their  co-operation  therein,  and  hope 
that  the  President  will  appoint  commissioners  for  that  pur 
pose. 

2.  That  the  people  of  the  several  States  now  in  rebellion 
against  the  Government  of  the  United  States,  whenever 
they  shall  desire  to  return  to  the  Union  and  obey  the  Con 
stitution  of  the  United  States,  and  laws  made  in  pursuance 
thereof,  have  a  right  under  and  by  virtue  of  the  said  Con 
stitution  to  reorganize  their  respective  State  governments 
with  all  their  domestic  institutions  as  they  were  before  th» 
war,  and  to  elect  representatives  to  the  Congres  of  the 
United  States,  and  to  be  represented  in  the  Union  with  all 
the  rights  of  the  people  of  the  several  States,  and  without 
any  conditions  precedent  except  that  of  being  liable  to  be 
punished  according  to  the  Constitution  and  laws  made  iu 
pursuance  thereof,  as  their  laws  and  acts  of  secession  are 
unconstitutional  and  void. 

On  motion  of  Mr.  STEVENS  they  were  laid 
upon  the  table — yeas  78,  nays  42,  as  follows : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Jacob  B 
Blair,  Blow,  Boutwell,  Boyd,  Brandegee,  Broomall,  Willianr 
G.  Brown,  Cobb,  Cole,  Creswell,  Thomas  T.  Davis,  Dawes, 
Deming,  Dixon,  Donnelly,  Eckley,  Eliot,  Farnsworth,  Fen- 
ton,  Frank,  Garfield,  Gooch,  Grinnell,  Hale,  Tligby,  Hooper, 
Hulburd,  Julian,  Kasson,  Keiley,  Francis  W.  Kellogg,  Or 
lando  Kellogg,  Loan,  Lovejoy,  Marvin,  McBrklc,  McClurg, 
Morrill,  Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Moses  F. 
OdcU,  Charles  O'Neill,  Orth,  Perham,  Pomeroy,  Price,  Wil 
liam  II.  Randall,  Scolield,  Shannon,  Sloan,  Smith,  Smithers, 
Spalding,  Stebbins,  Stevens,  Thayer,  Thomas,  Tracy,  Upson, 
Van  Valkenburgh,  Eilihu  B.  Washburne,  William  B. 
Washburn,  Webster,  Williams,  Wilson,  Windom,  Wood- 
bridge— 7S. 

NAYS — Messrs.  William  J.  Allen,  Ancona.  Augustus  C. 
Baldwin,  Brooks,  James  S.  Brown,  Chanler,  Cox,  Cravens, 
Dawson,  Dcnison, Eden,  Edgerton,  Finck,  Grider,  Griswold, 
Harrington,  Charles  M.  Harris,  Herrick,  Holman,  Kernan, 
Knapp,  Lazear,  Long,  Alarcy,  William  H.  Miller,  Morrison, 
Noble,  Pendleton,  Perry,  Pruyn,  Samuel  J.  Randall,  Rolin- 
son,  Rogers,  James  S.  Rollins,  Ross,  John  B.  Steele,  William 
G.  Steely  Strouse,  Sweat,  Joseph  W.  White,  Fernando  Wood, 
Yeaman — 12. 

Jan.  18 — Mr.  DAWSON,  of  Pennsylvania,  of 
fered  the  following  preamble  and  resolution  : 

Whereas  a  great  civil  war  like  that  which  now  afflicts  the 
United  States  is  the  most  grievous  of  all  national  calam 
ities,  producing  as  it  does,  spoliation,  bloodshed,  anarchy, 
public  debt,  official  corruption,  and  private  immorality,  the 
American  Government  cannot  rightfully  wage  such  a  war 
upon  any  portion  of  its  people,  except  for  the  sole  purpose 
of  vindicating  the  Constitution  and  laws  and  restoring  botlk 
to  their  just  supremacy;  and  whereas  this  House,  on  the 
22d  day  of  July,  1SG1,  speaking  in  the  name  of  the  Ameri 
can  people  and  in  the  face  of  the  world,  solemnly  and  truly 
declared  that  it  was  waged  for  no  purpose  of  conquest  or 
oppression,  but  solely  to  restore  the  Union,  with  all  the 
rights  of  the  people  and  the  State  unimpaired ;  and  whereas 
in  every  war,  especially  in  every  war  of  invasion,  and  mo.st 
particularly  if  it  be  a  civil  war  between  portions  of  the  same 
country,  the  object  of  it  ought  to  be  clearly  denned  and  the 
terms  distinctly  stated  upon  which  hostilities  will  cease;, 
and  the  advancing  armies  of  the  Government  should  carry 
the  Constitution  in  one  hand,  while  they  hold  the  sword  in 
the  other,  so  that  the  invaded  party  may  have  its  choice 
between  the  two :  Therefore, 

Resolved,  That  the  President  bo  requested  to  make  known 
by  public  proclamation  or  otherwise,  to  all  the  country, 
that  whenever  any  State  now  in  insurrection  shall  submit 
herself  to  the  authority  of  the  Federal  Government,  as  de 
fined  in  the  Constitution,  all  hostilities  against  her  shall 
cease,  and  such  State  shall  be  protected  from  all  external 
interference  with  the  local  laws  and  institutions,  and  her 
people  shall  be  guarantied  in  the  full  enjoyment  of  all  those 
rights  which  the  Federal  Constitution  gave  them. 

Mr.  STEVENS  moved  that  they  be  laid  upon 
the  table,  which  was  agreed  to — yeas  79,  nays 
56,  as  follows : 

YKAS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  John  IX 


300 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


Baldwin,  Baxter,  Beaman,  Blainc,  Francis  P.  Blair,  jr., 
-Jacob  B.  Blair,  Boutwell,  Brandegee,  Broomall,  Ambrose 
W.  Clark,  Freeman  Clarke,  Cole,  Creswell,  Henry  Winter 
Davis,  Thomas  T.  Davis,  Dawes,  Doming,  Dixon,  Driggs, 
Eckley,  Eliot,  Farnswortli,  Fenton,  Frank,  Garfield,  Gooch, 
Higby,  Hooper,  Hotchkiss,  Asahcl  \V.  Hul.bard,  Hul- 
tmrd,  Jenckes,  Julian,  Kasson,  Kelley,  Francis  W.  Kel- 
Jogg,  Longyear,  Lovejoy,  Marvin,  McJJride,  McClurg,  Mc- 
Indoe,  Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel  Morris, 
Amos  Myers,  Leonard  Myers,  Charles  O'Neill,  Orth,  Pat 
terson,  Pike,  Price,  William  II.  Randall,  Alexander  II. Rice, 
John  II.  Rice,  Edward  If.  Rollins,  Schenck,  Scofield,  Shan 
non,  Smith,  Smithers,  Spalding,  Stevens,  Thayer,  Thomas, 
Upson,  Van  Valkeuburgh,  Ellihu  B.  Washburne,  William  B. 
Washburn,  Whaley,  Williams,  Wilson,  Windom,  Wood- 
bridge — 79. 

NAYS — Messrs.  James  C.  Allen.  Ancona.  Augustus  C.  Bald 
win,  Bliss,  Brooks,  James  S.  Brown,  William  G.  Brown. 
Citanler,  Coffroth,  Cox,  Dawson,  Denison,  Eden,  Eilgerton, 
Eldriilgc,  English,  Finck,  Gannon,  G  rider,  Griswold,  Hale, 
I  fall,  Hard  ing,  Harrinnton,  Benjamin  G.  Harris,  Hrrrick, 
Holman,  Hutchins,  William  Johnson,  Kernan,  Lazear,  Le 
Blond,  Long,  Marcy,  McAllister,  McDowell,  McKinney, 
Middlebm,  William  H.  Miller,  James  R.  Morris,  Morrison, 
Nelson,  Pendleton,  Robinson,  Ross,  Jolm  B.  SleeU,  Stiles, 
•Stuart,  Sweat,  Voorhees,  Wm.  H.  Wadsworth,  Wheeler,  Chit- 
t(jn  A.  White,  Joseph  W.  White,  Fernando  Wood,  Tea 
man — 56. 

February  29 — Mr.  LONG,  of  Ohio,  offered  this 
preamble  and  resolution  : 

Whereas  history  teaches  that  there  never  has  been  a  civil 
^var  that  was  not  settled  in  the  end  by  compromise,  and 
inasmuch  as  no  possible  harm  can  result  either  to  the 
character  or  dignity  of  the  United  States  from  an  honest 
«ffort  to  stop  the  eft'usion  of  fraternal  blood,  and  restore  the 
Union  by  the  return  of  the  States  in  rebellion  to  their 
allegiance  under  the  Constitution;  and  whereas  the  Presi 
dent,  with  a  full  knowledge  of  the  lessons  taught  by  history 
in  relation  to  all  civil  wars,  in  his  inaugural  address  said, 
"suppose  you  go  to  war,  you  cannot  fight  always;  and 
when,  after  much  loss  on  both  sides,  and  no  gain  on  either, 
you  cease  fighting,  the  identical  old  questions  as  to  terms 
of  intercourse  are  again  upon  you ; "  and  whereas  we  now 
have  an  armistice,  decreed  by  the  Almighty,  and  executed 
for  the  past  two  months  by  the  snows  and  ice  of  winter, 
thereby  affording  time  and  opportunity  for  reflection  upon 
the  past  three  years  of  horrible,  relentless,  and  destructive 
civil  war  with  all  its  calamities,  and  a  prospective  view  of 
increased  horrors  in  the  approaching  conflicts ;  and  whereas 
a  preamble  and  resolutions  were,  on  the  7th  of  February, 
instant,  introduced  in  the  House  of  Representatives  of  the 
•Confederate  Congress  at  Richmond  denying  the  statement 
of  the  President  of  the  United  States  "that  no  propositions 
for  peace  had  been  made  to  the  United  States  by  the  Con 
federate  States,"  and  alh'rming  that  such  propositions  were 
prevented  from  being  made  by  the  President  of  the  United 
States,  in  that  he  had  refused  to  hear,  or  even  to  receive, 
two  commissioners  appointed  to  treat  expressly  for  peace : 
Therefore,  be  it 

Resolved,  That  the  President  be,  and  he  is  hereby,  most 
earnestly,  but  respectfully,  requested  to  appoint  Franklin 
Pierce,  of  New  Hampshire;  Millard  Fillmorc,  of  New  York; 
Thomas  Ewing,  of  Ohio,  and  such  other  persons  as  the  Pres 
ident  may  see  proper  to  select,  as  commissioners  on  behalf 
of  the  United  States,  who  shall  be  empowered  to  meet  a 
commission  of  like  number  when  appointed  for  the  Fame  ob 
ject  on  behalf  of  iho  Confederate  States,  at  such  time  and 
place  as  may  be  agreed  upon,  for  (he  purpose  of  ascertain 
ing,  before  the  renewal  of  hostilities  shall  have  again  com 
menced,  whrther  the  war  Hhall  not  now  cease,  and  the 
Union  be  restored  by  the  return  of  all  the  States  to  the  al 
legiance  aud  their  rights  under  the  Constitution. 

Which  was  disagreed  to — yeas  22,  nays  96, 
as  follows : 

YEAS — Messrs.  James  C.  Allen,  Ancona,  Brooks,  f'qffroth, 
Denison,  Ede->,  Eldridge,  Finck,  Knupp,  Long,  McDowell, 
Wm.  II.  Miller,  Morrison,  John  O'Neill,  Pendleton,  Samuel 
J.  Randall,  Rogers,  Ross,  Stiles,  Strouse,  Voorhees,  Chilian 
A.  White— 22. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Augustus  C.  Bildwin,  John  D.  Baldwin,  Baxter, 
Jacob  B.  Blair,  Blow,  Boutwell,  Boyd,  Brandegee,  William 
G.  Brown,  Ambrose  W.  Clark.  Freeman  Clarke,  Cobb,  Cole, 
Orcswell,  Henry  Winter  Davis,  Dawes.  Deming,  Dixon,  Don 
nelly,  Driggs,  Dumont,  Eckley,  Eliot,  Farnsworth,  Fenton, 
Frank.  Ganson,  Garfield,  Grinne  1,  Griswold,  Hale,  Higby, 
Holman,  Hooper,  Ilotchkiss,  John  II.  Hnbbard.  Hutc'iins, 
Jenckes,  Julian,  Kelley,  Orlando  Kellogg.  Kernan,  King, 
Loan,  Lovejoy,  Marvin,  McBride,  McClurg,  Mclndoe,  Samuel 
F.  Miller,  Moorhead.  Morrill,  Daniel  Morris,  Amos  Myers, 


Leonard  Myers,  Nelson,  Norton,  Charles  O'Neill,  Perham, 
Pike,  Pomeroy,  Price,  Radford,  William  H.  Kandall,  John 
II.  Rice,  Schenck,  Scofteld,  Shannon,  vloan,  Smithora, 
Spalding,  Stitrr,  Stelbins,  John  B.  Sttelc,  Stevens,  Thayr, 
Thomas,  Tracy,  IJp.soi,,  Van  Valkenburuh,  Wads'orth 
Ellihu  B.  Was-hburne,  WilMnm  B.  Washburn,  Whaley 
Williams,  Wilder,  Wilson,  Windom,  Winfield,  Woodbridge 
—-96. 

May  30— Mr.  LAZEAR  asked  consent  to  offer 
this  resolution  : 

Whereas  the  fratricidal  war  which  has  for  the  last  three 
years  filled  every  neighborhood  of  our  once  united  and  happy 
country  with  mourning,  and  has  drenched  a  hundred  battle 
fields  with  the  blood  of  our  fellow-citizens,  aud  laid  waste 
many  of  the  fairest  portions  of  the  land,  and  yet  has  failed 
to  restore  the  authority  of  the  Federal  Government  in  th« 
seceded  States ;  and  whereas  we  believe  a  misapprehension 
exists  in  the  minds  of  a  large  portion  of  the  people  of  th« 
South  as  to  the  feelings  which  actuate  a  large  portion  ol 
the  people  of  the  free  States,  and  which  misapprehension 
we  are  called  upon  by  every  consideration  of  humanity  and 
a  sense  of  justice  to  correct  and  if  possible  remove,  whether 
wo  regard  in  making  this  effort  what  we  owe  to  ourselves, 
to  our  fellow-countrymen  of  the  South,  or  to  the  world : 
Therefore, 

Resoli-ed,  That  no  truly  loyal  citizen  of  the  United  States 
desires  the  application  of  any  rule  or  law  in  determining  the 
rights  and  privileges  and  the  measure  of  responsibility  of 
the  people  of  any  of  the  States  but  such  as  shall  have  been 
determined  by  the  Supreme  Court  to  be  in  accordance  with 
and  sanctioned  by  the  Constitution  and  well-established 
usages  of  the  country. 

2.  That  the  President,  in  his  capacity  of  Commander-in- 
Chief  of  the  Army  and  Navy  of  the  United  States,  be,  and  h«» 
is  hereby,  required  to  adopt  such  measures  as  he  may  tlu'nk 
best,  with  a  view  to  a  suspension  of  hostilities  between  the 
armies  of  the  North  and  the  South  for  a  period  not  exceed 
ing  days ;  and  that  he  be  also  authorized  to  adopt  or 

agree  upon  some  plan  by  which  the  decision  of  the  great 
body  of  the  people  North  and  South  may  be  secured  upon 
the  question  of  calling  a  convention  composed  of  delegates 
from  all  the  States,  to  which  shall  be  referred  the  settlement 
of  all  questions  now  dividing  the  southern  States  from  the 
rest  of  the  Union,  with  a  view  to  the  restoration  of  the  sev 
eral  States  to  the  places  they  were  intended  to  occupy  in 
the  Union,  and  the  privileges  intended  to  be  granted  to 
them  by  the  framers  of  our  national  Constitution,  who  wero 
in  our  opinion  the  most  enlightened  statesmen  and  purest 
patriots  that  ever  lived,  and  than  whom  we  cannot  hope  to 
find  wiser  or  better  counsellors  in  the  present  exigency  in 
our  national  affairs. 

Objection  was  made.  * 

June  30 — Pending  the  consideration   of  the 

Enrollment  Bill,  the  following  amendment  waa 

offered  by  Mr.  LE  BLOND,  of  Ohio  : 

Provided,  That  no  levy  of  troops  shall  be  made  under  tho 
provisions  of  this  act,  except  by  volunteering,  till  such  time 
as  the  President  of  the  United  States  shall  have  made  a  re 
quest  for  an  armistice  ;  and  shall  have  made  such  efforts  as 
are  consistent  with  honor  to  restore  harmony  among  the 
States,  by  the  appointment  of  commissioners  empowered 
to  negotiate  for  peace  upon  the  terms  of  a  restoration  of  the 
Union  under  the  Constitution,  aud  until  such  offer  shall 
have  been  rejected  by  the  so-called  Confederate  govern 
ment. 

Which  was   rejected — yeas   13,  nays  91,  as 

follows  : 

YKAS — Messrs.  Ancona,  Bliss,  Edgerton,  Eldridge,  Finck, 
William  Johnson,  Long,  James  R.  MOITIS,  Noble,  John 
O'Neill,  Pendleton,  Ross,  ChiltonA.  White— 13 

NAYS — Messrs.  Alley,  Allison,  Ames,  Ashley,  Bailt/,  John 
D.  Baldwin,  Baxter,  Beaman,  Jacob  B.  Blair,  Boutwell,  Broom- 
all,  J.  S.Brown,  W.G.  Brown,  Cobb,  Cole,CreswelI,  Dawes, 
Dixon,  Donnelly,  Driggs,  Eckley,  Eliot,  English,  Farnswortli, 
F<vuton,  Frank,  Ganson,  Garfield,  Gooch,  Griswold,  Hale, 
Harding,  Higby,  Hooper,  Hotchkiss,  A  W.  Hubbard,  Hu|. 
burd, Ingersoll, Jenckes, Julian. Kallflrisch, Kcl  ey, Kerr,an, 
LiUlejohn,  Loan,  Longyoar,  Mallonj,  McAllister,  McBr.de, 
McC  urg.  Samuel  F.  Miller,  Moorhoad,  Morrill,  Amos  Myors, 
Leonard  Myers,  Norton,  Oddl,  Charles  O'Neill,  Orth,  Pat 
terson,  Radford,  Randall,  Alexander  II.  Rice,  John  H.  Rice, 
Edward  H.  Rollins,  Schenck,  Scofield  Shannon.  Sloan, 
Smithers,  Spaldinp,  Stevens,  Stuart,  Suural,  Thay<>r.  Thomas, 
Tracy,  Upson,  Van  Valkeuburgh,  Wadsworth,  Eliihu  B. 
Washbarne,  William  B.  Wa?hburn,  Webster,  Whaley, 
Wfirfler,  Williams,  Wilder,  Wilson,  Windom,  Winficld, 
Woodbridge— 91. 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC, 


301 


THE  LATE  PiiACB  NEGOTIATION  AT  NIAGARA   FALLS 

Th.  following  correspondence  explains  it 
self  : 

[Private  and  confidential.] 

CLIFTON  HOUSE,  NIAGARA  FALLS, 

CANADA  WEST.  July  12. 1864. 

DEAR  SIR:  I  am  authorized  to  say  that  the  Hon. Clement 
C.  Clay,  of  Alabama,  Prof.  James  P.  Holcombe.  of  Virginia, 
and  George  N.  Sanders,  of  Dixie,  are  ready  and  willing  to 
go  at  om-o  to  Washington,  upon  complete  and  unqualified 
protoction  being  given  either  by  the  President  or  Secretary 
of  War.  Let  the  permission  include  the  three  names  and 
one  other.  Very  respectfully, 

GEORGE  N.  SANDERS. 
To  the  Hon.  HORACE  GREELET. 

NIAGARA  FALLS,  N.  Y.,  July  17, 1864. 
GENTLEMEN  :  I  am  informed  that  you  are  duly  accredited 
from  Richmond  as  the  bearer  of  propositions  looking  to  the 
establishment  of  peace;  that  yon  desire  to  visit  Washington 
in  the  fulfillment  of  your  mission,  and  that  you  further  de- 
6ire  that  Mr.  George  N.  Sanders  shall  accompany  you.  If 
mv  information  be  thus  far  substantially  correct,  I  am  au 
thorized  by  the  President  of  the  United  States  to  tender  you 
hi.s  safe  conduct  on  the  journey  proposed,  and  to  accompany 
you  at  the  earliest  time  that  will  be  agreeable  to  you. 
I  have  the  honor  to  be,  gentlemen,  yours, 

HORACE  GREELEY. 

Messrs.  CLEMENT  C.  CLAY,  JACOB  THOMPSON,  JAMES  P.  HOL 
COMBE,  Clifton  House,  C.  W. 

CLIFTON  HOUSE,  NIAGARA  FALLS, 
July  18,  1864. 

SIR:  We  have  the  honor  to  acknowledge  your  favor  of 
the  17th  instant,  which  would  have  been  answered  on  yes 
terday  but  for  the  absence  of  Mr.  Clay. 

The  safe  conduct  of  the  President  of  the  United  States 
h:xs  been  tendered  us,  we  regret  to  state,  under  some  mis 
apprehension  of  facts.  We  have  not  been  accredited  to 
him  from  Richmond  as  the  bearers  of  propositions  looking 
to  the  establishment  of  peace. 

We  are,  however,  in  the  confidential  employment  of  our 
Government,  and  are  entirely  familiar  with  its  wishes  and 
opinions  on  that  subject;  and  we  feel  authorized  to  declare 
that,  if  the  circumstances  disclosed  in  this  correspondence 
were  communicated  to  Richmond  we  would  be  at  once  in 
vested  with  the  authority  to  which  your  letter  refers,  or 
other  gentlemen  clothed  with  full  powers  would  be  im 
mediately  sent  to  Washington  with  the  view  of  hastening 
a  consummation  so  much  to  be  desired,  and  terminating  at 
the  earliest  possible  moment  the  calamities  of  the  war. 

We  respectfully  solicit  through  your  intervention  a  safe 
conduct  to  Washington,  and  thence  by  any  route  which 
may  be  designated  through  your  lines  to  Richmond.  We 
would  be  gratified  if  Mr.  George  N.  Sanders  was  embraced 
in  this  privilege. 

Permit  us  in  conclusion  to  acknowledge  our  obligations 
to  you  for  the  interest  you  have  manifested  in  the  furthe 
ance  of  our  wishes,  and  to  express  the  hope  that,  in  any 
event,  you  will  afford  us  the  opportunity  of  tendering  them 
in  person  before  you  leave  the  Falls. 

We  remain,  very  respectfully,  Ac., 

C.  C.  CLAY,  JR., 
J.  P.  HOLCOMBE. 

P.  S.  It  is  proper  to  add  that  Mr.  Thompson  is  not  here 
and  has  not  been  staying  with  us  since  our  sojourn  in  Canada 


INTERNATIONAL  HOTEL, 

NIAGARA,  N.  Y..  July  18, 1864. 

GENTLEMEN  :  I  have  the  hono.  to  acknowledge  the  receip 
Of  yours  of  this  date  by  the  hand  of  Mr.  W.  C.  Jewett.    The 
state  of  facts  therein  presented  being  materially  differon 
from  that  which  was  understood  to  exist  by  the  Presiden 
when  he  entrusted  me  with  the  safe  conduct  required,  i 
seems  to  mo. on  every  account  advisable  that  1  should  com 
mnnicate  with  him  by  telegraph  and  solicit  fresh  instruc 
tions,  which  I  shall  at  once  proceed  to  do.  I  hope  to  be  abl 
to  transmit  the  result  this  afternoon;  and,  at  all  events, 
shall  do  so  at  the  earliest  moment. 

Yours,  truly,  HORACE  GREELEY. 

Messrs.  CLEMENT  C  *CLAY  and  JAMES  P.  HOLCOMBE, 
Clifton  House,  C.  W. 

CLIFTON  HOUSE.  NIAGARA  FALLS,  July  18, 1864. 
To  the  Hon.  II.  GREELEY,  Niagara  Falls,  JV  Y. 

Sin :    We  have  the  honor  to  acknowledge  the  receipt  o 
your  note  of  this  date  by  the  hands  of  Col.  Jewett,  and  wi 
»wait  the  further  answer  which  you  propose  to  send  us. 
We  are,  very  respectfully,  £c. 

C.C.CLAY.jr. 
JAMES  P.  HOLCOMBE. 


INTERNATIONAL  HOTEL, 
NIAGARA  FALLS,  N.  Y.,  July  19, 1864. 
GENTLEMEN:  At  a  late  hour  last  evening  (too  lato  for 
>mmunication  with  you)  I  received  a  dispatch  informing 
e  that  further  instructions  left  Washington  lust  evening. 
Inch  must  reach  me,  if  there  be  no  interruption,  at  noon 
)-morrow.    Should  you  decide  to  await  their  arrival,  I  feel 
jnfident  that  they  will  enable  me  to  answer  definitely  your 
to  of  yesterday  morning.    Regretting  a  delay  which  I  am 
ure  you  will  regard  as  unavoidable  on  my  part, 
I  remain,  yours,  truly, 

HORACE  GREELEY. 
he  Hon.  Messrs.  C.  C.  CLAY,  jr.,  and  J.  P.  HOLCOMBE, 
Clifton  House,  Niagara,  C.  W. 

CLIFTON  HOUSE,  NIAGARA  FALLS,  C.  W., 

July  10, 1864. 

SIR:  Colonel  Jewett  has  just  handed  us  your  note  of  thi* 
ate,  in  which  you  state  that  further  instructions  from 
Vashington  will  reach  you  by  noon  to-morrow,  if  there  be 
o  interruption.    One,  or  possibly  both  of  us,  will  be  obliged 
o  leave  the  Falls  to-day,  but  will  return  in  time  to  receive- 
e  communication  which  you  promise  to-morrow. 
WTe  remain,  truly  yours,  &c., 

JAMES  P.  HOLCOMBE, 
C.  C.  CLAY,  Jr. 
he  Hon.  HORACE  GREELEY, 

Now  at  the  International  Hotel. 

EXECUTIVE  MANSION, 
WASHINGTON,  July  18, 1864. 
To  whom  it  may  concern: 

Any  proposition  which  embraces  the  restoration  of  peace* 
he  integrity  of  the  whole  Union,  and  the  abandonment  of 
lavery,  and  which  comes  by  and  with  an  authority  that  can 
ontrol  the  armies  now  at  war  against  the  United  States,, 
will  be  received  and  considered  by  the  Executive  Govern- 
nent  of  the  United  States,  and  will  be  met  by  liberal  terms 
>n  other  substantial  and  collateral  points,  and  the  bearer 
T  bearers  thereof  shall  have  safe  conduct  both  ways. 

ABRAHAM  LINCOLN. 

INTERNATIONAL  HOTEL,  Wednesday. 

Major  Hay  would  respectfully  inquire  whether  Professor 
lolcombo  and  the  gentlemen  associated  with  him  desire  to 
end  to  Washington  by  Major  Hay  any  messages  in  refer 
ence  to  the  communication  delivered  to  him  on  yesterday, 
and  in  that  case  when  he  may  expect  to  be  favored  with 
such  messages. 

Mr.  Holcombe  presents  his  compliments  to  Major  Hay, 
,nd  greatly  regrets  if  his  return  to  Washington  has  been 
delayed  by  any  expectation  of  an  answer  to  the  communi 
cation  which  Mr.  Holcombe  received  from  him  on  yester 
day,  to  be  delivered  to  the  President  of  the  United  States. 
Tliat  communication  was  accepted  as  the  response  to  a  let 
ter  of  Messrs.  Clay  and  Holcombe  to  the  Hon.  II.  Grecley, 
>nd  to  that  gentleman  an  answer  has  been  transmitted. 

CLIFTON  HOUSE,  NIAGARA  FALLS,  July  21. 
[Copy  of  original  letter  held  by  me  to  deliver  to  the  Hon. 
Horace  Greeley,  and  which  duplicate  I  now  furnish  the  As 
sociated  Press.  WM.  CORNELL  JEWETT.] 
NIAGARA  FALL?,  CLIFTON  HOUSE,  July  21, 1864. 
To  the  Hon.  HORACE  GREELKY. 

SIR:  The  paper  handed  to  Mr.  Holcombe,  on  yesterday, 
n  your  presence,  by  Major  Hay,  A.  A.  G.,  as  an  answer  to 
th*  application  in  our  note  of  the  18th  instant,  is  couched 
n  the  fallowing  terms  : 

"  EXECUTIVE  MANSION, 

"  WASHINGTON,  July  18,  1864. 
' '  To  whom  it  may  concern  : 

"Any  proposition  which  embraces  the  restoration  of  peace, 
the  integrity  of  the  whole  Union,  and  the  abandonment  of 
slavery,  which  comes  by  and  with  an  authority  that  can 
control  the  armies  now  at  war  against  the  United  States, 
will  be  received  and  considered  by  th  ;  Executive  Govern 
ment  of  the  United  States,  and  will  be  met  by  liberal  terms, 
on  other  substantial  and  collateral  points,  and  the  bearer  or 
bearers  thereof  shall  hay*  safe  conduct  both  ways. 

"ABRAHAM  LINCOLN." 

The  application  to  which  we  refer  was  elicited  by  your 
letter  of  the  17th  instant,  in  which  you  inlorui  Mr.  Jacob 
Thompson  and  ourselve"  that  you  were  authorized  by  the 
President  of  the  United  States  to  tender  us  his  safe  conduct, 
on  the  hypothesis  that  we  were  "duly  accredited  from 
Richmond  as  bearers  of  propositions  looking  to  the  •  Btab- 
lishment  of  peace,"  and  desire  a  v.sit  to  Washington  in  the 
fulfilment  of  this  mission.  This  assertion,  to  which  we  then 
gave,  and  still  do,  entire  credence,  was  accepted  by  us  as 
the  evidence  of  an  unexpected  but  most  gratifying  cbang" 
in  the  policy  of  the  President— a  change  which  we  felt  au- 


302 


LEGISLATION,   ORDERS,    PROCLAMATIONS,    ETC. 


thorized  to  hope  might  terminate  in  the  conclusion  of  a 
peace  mu  ually  just,  honorable,  anil  advantage  HIS  to  the 
North  and  to  the  So  .th,  exacting  no  condition  but  that  we 
should  be  "duly  accredited  from  Richmond  as  bearers  of 
piopositions  looking  to  the  estab  ishmenfc  of  peace." 

Thus  proffering  a  basis  for  conference  as  comprehensive 
as  we  could  dcbire.it  seemed  to  us  that  the  President  opened 
a  door  which  had  previously  been  closed  against  the  Con 
federate  States  for  a  full  interchange  of  sentiment,  free  dis 
cussion  of  conflicting  opinions,  and  untrammclcd  effort  to 
remove  all  causes  of  controversy  by  liberal  negotiations. 
Wo  indeed  could  not  claim  the  benefit  of  a  sale-conduct 
"which  had  been  extended  to  us  in  a  character  we  had  no 
right  to  assume  and  had  never  affected  to  possess;  but  the 
uniform  declarations  of  onr  Executive  and  Congress,  and 
their  thrice-repeated  and  as  often  repulsed  attempts  to  open 
negotiations,  furnish  a  sufficient  pledge  to  us  that  this  con 
ciliatory  manifestation  on  the  part  of  the  President  of  the 
United  States  would  be  met  by  them  in  a  temper  of  equal 
magnanimity.  We  had,  therefore,  no  hesitation  in  declaring 
that  if  this  correspondence  was  communicated  to  the  Presi 
dent  of  the  Confederate  States,  he  would  promptly  embrace 
the  opportunity  presented  for  seeking  a  peaceful  solution 
of  thin  unhappy  strife. 

We  fuel  confident  that  you  must  share  our  profound  regret 
that  the  spirit  which  dictated  the  first  step  toward  peace 
had  not  continued  to  animate  the  councils  of  your  Presi 
dent.  Had  the  representatives  of  the  two  Governments 
met  to  consider  this  question,  the  most  momentous  ever 
submitted  to  human  statesmanship,  in  a  temper  of  becoming 
moderation  and  equity,  followed,  as  their  deliberations 
would  have  been,  by  the  prayers  and  benedictions  of  every 
patriot  and  Christian  on  the  habitable  globe,  who  is  there 
so  bold  as  to  pronounce  that  the  frightful  waste  of  indivi 
dual  happiness  and  public  prosperity  which  is  daily  sadden 
ing  the  universal  heart  might  not  have  been  terminated,  or 
if  the  desolation  and  carnage  of  war  must  still  be  endured 
through  weary  years  of  blood  and  suffering,  that  there  might 
not  at  least  have  been  infused  into  its  conduct  something 
more  of  the  spirit  which  softens  and  partially  redeems  its 
brutalities? 

Instead  of  the  safe  conduct  which  we  solicited,  and  which 
your  first  letter  gave  us  every  reason  to  suppose  would  be 
extended  for  the  purpose  of  initiating  a  negotiation  in 
which  neither  Government  would  compromise  its  rights 
or  its  dignity,  a  document  has  been  presented  which  pro 
vokes  as  much  indignation  as  surprise.  It  bears  no  feature 
of  resemblance  to  that  which  was  originally  offered,  and  is 
unlike  any  paper  which  ever  before  emanated  from  the 
constitutional  executive  of  a  free  people.  Addressed  "  to 
whom  it  may  concern,"  it  precludes  negotiation,  and  pre 
scribes  in  advance  the  terms  and  conditions  of  peace.  It 
returns  to  the  original  policy  of  lino  bargaining,  no  negotia 
tions,  no  truce  with  rebels  except  to  bury  their  dead,  until 
every  man  shall  have  laid  down  his  arms,  submitted  to  the 
Government,  and  sued  for  mercy.7' 

Whatever  may  be  the  explanation  of  this  sudden  and  en 
tire  change  in  the  views  of  the  President,  of  this  rude  with 
drawal  of  a  courteous  overture  for  negotiation  at  the  mo 
ment  it  was  likely  to  be  accepted,  of  this  emphatic  recall 
of  words  of  peace  just  uttered,  an;l  fresh  blasts  of  war  to 
the  bitter  end,  we  leave  for  the  speculation  of  those  who 
have  the  moans  or  inclination  to  penetrate  the  mysteries  of 
his  Cabinet  or  fathom  the  caprice  of  his  imperial  will.  It 
is  enough  for  us  to  8^y  that  we  have  no  use  whatever  for  the 
paper  which  has  been  placed  in  our  hands. 

We  could  not  transmit  it  to  the  President  of  the  Con- 
f.-derato  States  without  offering  him  an  indignity,  dishonor 
ing  ourselves,  and  incurring  the  well-merited  scorn  of  our 
countrymen.  While  an  ardent  desire  for  peace  pervades 
the  people  of  the  Confederate  States,  we  rejoice  to  believe 
that  there  are  few,  if  any,  among  them  who  would  purchase 
it  at  the  expense  of  liberty,  honor,  and  self-respect.  If  it 
can  be  secured  only  by  their  submission  to  terms  of  con 
quest,  the  generation  is  yet  unborn  which  will  witness  its 
restitution. 

If  there  be  any  military  autocrat  in  the  North  who  is  en 
titled  to  proffer  the  conditions  of  this  manifesto,  there  is 
none  in  the  South  authorized  to  entertain  them  Those  who 
control  our  armies  are  the  servants  of  the  people — not  their 
masters:  and  they  have  no  more  inclination  than  they  have 
the  right  to  subvert  th«  social  institutions  of  the  sovereign 
States,  to  overthrow  their  established  constitutions,  and  to 
barter  away  their  priceless  heritage  of  self-government. 

This  correspondence  will  not.  however,  we  trust,  prove 
wholly  barren  of  good  result.  If  there  is  any  citizen  of  the 
Confederate  States  who  j»as  clung  to  a  hope  that  peace  was 
possible  with  this  administration  of  the  Federal  G  >vern- 
mant  it  will  strip  from  his  eyes  the  last  film  of  such  delu 
sion;  or  if  there  be  any  whose  hearts  have  grown  faint  un 
der  the  suffering  and  agony  of  this  bio  >dy  struggle,  it  will 
inspire  them  with  fresh  energy  to  e'.idure  and  brave  what 
ever  may  yet  be  requisite  to  preserve  to  themselves  and 
their  children  all  that  gives  dignity  and  value  to  life  or 


hope  and  consolation  to  death.  And  if  there  be  any  patriots 
or  Christians  in  your  land  who  shrink  appalled  from  the 
illimitable  vista  of  private  misery  and  public  calamity 
which  stretches  before  them,  we  pray  that  in  their  boa  HIM 
a  resolution  may  be  quickened  to  recall  the  abused  author 
ity  and  vindicate  the  outraged  civilization  of  the  country. 
For  the  solicitude  you  have  manifested  to  inaugusatea 
movement  which  contemplates  results  the  most  noble  and 
humane,  we  return  our  sincere  thanks,  and  are,  most  re 
spectfully  and  truly,  your  obedient  servants, 

C.  C.  CLAY,  jr. 

JAMES  P.  HOLCOMBE. 

CLIFTON  HOUSE,  NIAGARA  FALLS, 

WEDNESDAY,  July  -JO,  1864. 
COL.  W.  C.  JEWETT,  Cataract  House,  Niagara  Falls  : 

SIR:  We  are  in  receipt  of  your  note,  admonishing  us  of 
the  departure  of  the  Hon.  Horace  Greeley  Irom  the  Falls; 
that  he  regrets  the  sad  termination  of  the  initiatory  st"ps 
taken  for  peace,  in  consequence  of  the  change  made  by 
the  President  in  his  instructions  to  convey  commissioners 
to  Washington  for  negotiations  unconditionally,  and  that 
Mr.  Greeley  will  be  pleased  to  receive  any  answer  we  may 
have  to  make  through  you. 

We  avail  ouselves  of  this  offer  to  enclose  a  letter  to  Mr 
Greeley,  which  you  will  oblige  us  by  delivering.  We  can 
not  take  leave  of  you  without  expressing  our  thanks  for 
\  our  courtesy  and  kind  offices  as  the  intermediary  through 
whom  our  correspondence  with  Mr.  Greeley  has  been  con  - 
ducted, and  assuring  you  that  we  are,  very  respectfully, 
vour  obedient  servants, 

C.  C.  CLAY,  Jr. 
JAMES  r.  HOLOOMBE. 


MR.  GREELEY  TO  MR.   JEWETT. 

NIAGARA  FALLS,  (V.  Y.,)  July  20, 1864. 

DEAR  SIR  :  In  leaving  the  Falls,  I  feei  bound  to  state  that 
I  have  had  no  intercourse  with  the  Confederate  gentlemen 
at  the  Clifton  House  but  such  as  I  was  fully  authorized  to 
hold  by  the  President  of  the  United  States,  "and  that  I  have 
done  nothing  in  the  premises  but  in  fulfillment  of  his  i  junc 
tions.  The  notes,  therefore,  which  you  have  kin  ;ly  inter 
changed  between  those  gentlemen  and  myself  can  in  no 
case  subject  you  to  the  imputation  of  unauthorized  dealing 
with  public  enemies. 

Yours,  HORACE  GREELEY. 

W.  C.  JEWETT,  Esq. 

MR.  JEWETT  TO  MR.  CLAY  AND  OTHERS. 

NIAGARA  FALLS,  July  20, 1864. 

Hon.  C.  C.  CLAY,  Hon.  JACOB  THOMPSON-,  Hon.  GEO.  N.  SAN 
DERS,  Hon.  BEVERLY  TCCKER,  and  the  other  Hon.  Repre- 
sentatives  of  the  Southern  Confederacy. 
GENTLEMEN  :  I  am  directed  by  Mr.  Greeley  to  acknowledge 
the  receipt  of  the  following  telegram  from  Mr.  Clay: 

"  ST.  CATHERINE'S,  July  20, 1864. 
"To  GEO.  N  SANDERS: 

"  Will  be  with  you  at  five  o'clock.  Detain  Greeley  until  I 
see  him.  C.  C.  CLAY.'' 

And  to  state  that,  in  view  of  his  mission  being  ended, 
through  the  rejection  of  the  terms  of  negotiation  in  the 
letter  of  the  President  of  the  United  States,  delivered  to 
you  by  Major  Hay,  he  does  not  feel  himself  authorized  to 
take  any  further  steps  in  the  matter.  Ho  regrets  the  sad 
termination  of  the  steps  taken  for  peace,  from  the  change 
made  by  the  President  in  his  instructions  given  him  to 
convey- commissioners  to  Washington  for  negotiations  un 
conditionally.  He  will  bo  pleased  to  receive  any  answer 
you  may  have  to  make  in  writing  through  me  or  any  mode 
you  may  desire. 

I  enclose  you  a  copy  of  a  note  from  Mr.  Greeley  addressed 
to  mo  justifying  the  intercourse  I  have  had  with  you  during 
this  tdiort  negotiation  for  peace. 

In  conclusion,  I  tender  to  you  my  heartfelt  thanks  for 
the  kind  and  generous  manner  in  which  you  have  received 
1  mo  personally,  and  for  the  noble  and  magnanimous  senti- 
j  ments  you  have  advanced  in  a  desire  to  end  the  bloody  con- 
I  flict  between  the  two  sections.     I  can  only  regret  that  our 
I  Government   should   not  have  seen  the  policy,  duty,  and 
I  justice  of  meeting  your  generous  offer  to  meet  in  council 
unconditionally — terms  of  a  peace  to  depend  upon  circum 
stances  transpiring  during  negotiations.     My  efforts  shall 
bo  as  ever  unceasing  for  peace  that  shall  secure  to  the 
section  you  roprcsent  that  justice  that  shall  meet  with  the 
approval  of  the  civilized  world,  of  the  coming  International 
Congress  proposed  by  the  wise  and  noble  Napoleon 
Very  truly,  v  "    '-'"'^mr. 


WM. 


L  JEWETT. 


MAJOR   HAY   TO   MR.   HOLCOMBE. 

INTERNATIONAL  II  >TET.,  July  21,  I86i. 
Major  Hay  has  ju-st  received  Mr.  Holcombe's  note  of  thii 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


303 


date,  and  thanking  him  for  his  prompt  response,  will  start  | 
at  once  for  Washington.  Both  Mr.  Greeley  and  Major  Hay 
understood  Mr.  Holcorube  to  say,  yesterday,  that  h^  would 
e»nd  to  Major  Hay  any  communication  ho  might  wish  to 
transmit  to-day,  and  on  tiiat  supposition  .Mr.  Greeley  set  out 
for  Now  York  yesterday,  and  Major  Hay  remained.  It  is  a 
matter  of  no  special  importance.  Major  Hay  only  wishes 
to  explain  his  noto  of  to-day. 

[From  the  New  York  Tribune  of  July  22.] 
The  telegraphic  stories  concerning  peace  conferences  at 
Niagara  Falls  have  a  slender  foundation  in  fact,  but  most  of 
the  details  are  very  wide  of  the  truth.  The  Editor  of  this 
paper  has  taken  part  in  and  been  privy  to  no  further  or 
oth^r  negotiations  than  were  fully  authorized,  and  nioro 
than  authorized;  but  these  related  solely  to  bringing  the 
unt-igonists  face  to  face  in  amicable  rather  than  belligerent 
attitude,  with  a  view  to  the  initiation  of  an  earnest  effort 
for  peace,  to  be  prosecuted  at  Washington.  The  movement 
has  had  no  immediate  success. 

Of  course  all  reports  that  the  writer  has  been  engaged  in 
proposing,  or  receiving,  or  discussing  hypothetical  terms  or 
basis  oi'  pt'a^e,  whether  with  accredited  agents  of  the  Rich 
mond  authorities  or  others,  arc  utterly  mistaken.  lie  has 
never  had  the  slightest  authorization  to  do  anything  of  the 
sort ;  and  he  is  quite  aware  of  those  provisions  of  law  which 
relate  to  volunteer  negotiators  with  public  enemies.  Those 
provisions  he  heartily  approves,  and  is  nowise  inclined  to 
violate. 

More  than  this  he  does  not  at  yet  feel  at  liberty  to  state, 
though  ho  soon  may  be.  All  that  ho  can  now  add  is  his 
general  inference  that  the  pacification  of  our  country  is 
neither  so  difficult  nor  so  distant  as  seems  to  be  generally 
supposed. 

Rebel  Views  of  "Peace." 

1862. 

In  September,  1862,  these  proceedings  are 
published  as  having  taken  place  in  the  Rebel 
Congress  : 

In  the  House  of  Representatives  Mr.  FOOTB, 
of  Tennessee,  offered  the  following  joint  reso 
lution  proposing  to  send  a  commissioner  to 
Washington,  empowered  to  propose  terms  of 
just  and  honorable  peace  : 

Be  it  enacted  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  signal  success  with  which  Divine  Provi 
dence  has  so  continually  blessed  our  arms  for  several 
months  past  would  fully  justify  the  Confederate  Govern 
ment  in  dispatching  a  commissioner  or  commissioners  to 
the  Government  at  Washington  city,  empowered  to  pro 
pose  the  ^erms  of  a  just  an  honorable  peace. 

Mr.  HOLT,  of  Georgia,  asked  the  consent  of 
the  Ho  ise  to  offer  the  following  substitute  for 
the  res  hit  ion  : 

The  pi  pie  of  the  Confederate  States  are,  and  have  been 
from  th<  joginning,  anxious  that  the  war  with  the  United 
States  si  uld  be  conducted  with  the  sense  established  by 
the  rule  «f  civilized  and  Christian  nations,  and  have,  on 
th'>ir  pcu- ,  so  conducted  it,  and  the  said  people  ardently  de 
sire  that  laid  war  should  cease  and  peace  bo  restored,  and 
have  so  announced  from  the  beginning:  Therefore, 

Resolrc.d,  That,  whenever  the  United  States  Government 
*hall  manifest  a  like  anxiety  and  a  like  desire,  it  shall  be 
the-  duty  of  the  President  of  the  Confederate  States  to  ap 
point  — commissioners  to  treat  and  negotiate  with  the 

said  United  States  Government  upon  said  subjects,  or  either 
of  them. 

On  motion  of  Mr.  KENAN,  of  Georgia,  the 
resolution  and  substitute  were  laid  upon  the 
table — yeas  59,  nays  26. 

1863. 

In  January,  Mr.  CROCKETT,  of  Kentucky,  in- 
trodU.ced  into  the  House  a  resolution  with  refer 
ence  <othe  conditions  on  which  peace  should  be 
negoe.ated  ;  which  was  debated. 

Mi     TOOTE.   of  Tennessee,*  also    introducec 


*Th»  Atlanta  Georgia)  Intelligencer  of  the  20th  of  Janti 
ary  liar  ;N»  following: 

'The  resolution  introduced  by  Mr.  Foote  in  Congres 
bpf.nr.2r  upon  a  reconstruction  of  our  Government  with  tin 
Nrrthwo-tern  Stntes,  we  desire  now  solemnly  to  p  rot  eg 
against,  and  we  trust  that  they  will  be  tabled  by  the  Con 


these,  which  were  referred  to  the  Committee  on 
Affairs: 


The  people  of  the  Confederate  States  of  America  having, 
n  the  progress  of  the  pending  war,  most  cleirly  demon- 
trated  their  ability  to  maintain  by  arms  the  claim  to  sepa- 
ate  independence,  which  they  have  heretofore  assorted  be- 
ore  the  world,  and  being  inflexibly  resolved  never  to  re- 
inquish  the  struggle  in  which  they  are  engaged  until  the 
;reat  object  for  which  they  are  contending  shall  have  been 
inally  accomplished:  in  view  of  the  fact  that  a  great  politi- 
al  reaction  in  opposition  to  the  bloody  and  unnat,  ral  war 
low  in  course  of  prosecution,  has  displayed  itself  in  several  of 
he  most  populous  and  influent!  il  States  of  what  was  once 
lonorably  ki:own  as  "The  United  States  of  America;1'  and, 
n  view  of  the  additional  fact  that,  even  among  the  avowed 
pponents  of  despotism,  and  the  recognized  friends  of  peace 
n  the  North,  a  grave  and  deplorable  misapprehension  has 
f  late  arisen  in  regard  to  the  true  condition  of  public  senti- 
nent  in  the  South  touching  the  question  of  reconstructing 
hat  political  Union  once  existing  under  the  protection  of 
vhat  i*  known  as  the  Federal  Constitution.  Now. in  order 
hat  no  further  misunderstanding  of  the  kind  referred  to 
nay  hereafter  prevail,  and  in  order  that  the  unchangeable 
letermination  of  our  Government  and  people,  in  reference 
;  >  the  terms  upon  which  alone  they  would  bring  the  sangui- 
lary  struggle  to  a  close,  may  be  made  known,  the  Congress 
if  the  Confederate  States  of  America  do  resolve  as  fallows: 

1.  There  is  no  plan  of  reconstructing  what  was  fornjerly 
cnown  as  the  Federal  Union  to  which  the  people  of  the  Con- 

lerate  States  will  ever  consent.  Wrongs  too  grievous  and 
nultiplied  have  been  committed  upon  us  and  upon  our  most 
cherished  rights  by  a  united  North,  since  this  unprovoked 
ind  most  wicked  war  commenced ;  a  majority  of  the  people 
>f  the  northern  States  have  too  evidently  shown  themselves 
;o  be  utterly  incapable  of  sell-government  and  unmindful 
)f  all  the  fundamental  principles  upon  which  alone  repub- 

an  institutions  can  be  maintained.  They  have  too  long 
submitted  patiently  to  the  iron  rule  of  the  basest  and  most 
legraded  despotism  that  the  world  has  yet  known;  for  too 
long  a  period  of  time  they  have  openly  and  unblushingly 
sympathized  with  the  lawless  and  ferocious  miscreants  who 

ave  been  sent  into  the  bosom  of  the  unoffending  South  to 
spill  the  precious  blood  of  our  most  valued  citizens ;  to  pol- 
uto  and  desecrate  all  that  we  hold  in  especial  veneration : 
to  rob  us  of  our  property ;  to  expel  us  from  our  homes  and 
wantonly  to  devastate  our  country,  to  allow  even  of  the 
possibility  of  oiir  ever  again  consenting  to  hold  the  least 
political  connection  with  those  who  have  so  cruelly  out 
raged  our  sensibilities  and  so  profoundly  dishonored  them 
selves,  and  in  association  with  whom  we  feel  that  we  could 
not  expect  that  freedom  which  we  love,  that  self-respect 
which  we  are  determined  ever  to  cultivate,  and  the  esteem 
and  sympathy  of  civilized  and  Christian  nations. 

2.  While  the  Confederate  States  of  America  are  not  at 
all  responsible  for  the  existing  war,  and  have  been  at  all 
times  ready  to  participate  in  such  arrangements  as  would 
be  best  suited  to  bring  it  to  a  close,  in  a  manner  consistent 
with  their  own  safety  and  honor,  they  could  not  yield  their 
consent  to  an  armistice  of  a  single  day  or  hour,  so  long  as 
the  incundinry  proclamation  of  the  atrocious  monster,  now 
bearing  rule  in  Washington  city,  shall  remain  unrevoked: 
nor  could  the  government  of  said  Confederate  States  agree 
to  negotiate  at  all  in  regard  to  a  suspension  of  hostilities, 
except  upon  the  basis  of  a  formal  and  unconditional  recog 
nition  of  their  independence. 

3.  Whenever  the  friends  of  peace  in  the  North  shall  grow 
strong  enough  to  constrain  Abraham  Lincoln  and  his  flagi 
tious  Cabinet  to  withdraw  said  proclamation,  and  propose 
an  armistice  upon  the  basis  aforesaid,  the  Government  of 
the  Confederate  States  will  be  ready  to  accede  to  said  prop 
osition  of  armistice  with  a  view  to  the  settlement  of  all  ex 
isting  difficulties. 

4.  Should  peace  be  at  any  time  brought  about,  the  Con 
federate  States  of  America  would  freely  consent  to  the  form 
ation  of  a  just  and  mutually  advantageous  commercial 


federate  Congress,  whenever  they  are  taken  up  to  be  con 
sidered.  We  are  flighting  this  war  for  Southern  ind^pivid- 
ence  and  for  a  Government  of  Southern  States,  recognizing 
African  slavery  as  an  institution  onluned  of  God,  beneficial 
to  mankind,  a  necessity  in  our  social  and  political  relations 
as  :-tntes,  and  in  our  intercourse  with  nil  other  nations  or 
States.  Hence  the  admission  of  any  free  State  into  our 
Union  is  not  only  repugnant  tou^,  but  it  will  be  only  a  con 
tinuance  of  that  evil  which  has  brought,  on  the  war,  and 
which  to  get  rid  of  we  are  now  fighting.  If  the  Northwest 
ern  States  should  shake  off  the  North  and  Hist,  and  set  up 
for  themselves  a  new  Government,  and  d  'sire  to  be  at  peace 
with  the  South,  no  barrier  will  be  placed  in  1heir  way  by 
oar  Government,  and  we  shall  be  willing  to  treat  with  them 
as  an  independent  Government — in  peace,  as  friends  ;  iu 
war,  as  foes." 


304 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


treaty  with  all  the  States  now  constituting  the  United  States, 
except  New  England,  with  whoso  people,  and  in  whose  ig 
noble  love  of  gold  and  brutifying  fanaticism  this  disgrace 
ful  war  has  mainly  originated;  in  confederation  of  which 
fact  the  people  of  the  Confederate  States  of  America  are 
firmly  and  deliberately  resolved  to  have  no  intercourse 
whatever  hereafter,  either  direct  or  indirect,  political,  com 
mercial,  or  social,  under  any  circumstances  which  could  be 
possibly  imagined  to  exist,  with  said  States  of  New  England, 
or  tho  people  therein  resident. 

5.  The  Government  of  the  Confederate  States,  in  consid 
eration  of  the  change  in  public  sentiment  which  has  oc 
curred  in  several  of  the  Northern  States,  wherein  political 
elections  have  been  recently  held — sympathizing  most 
kindly  with  those  by  whoso  manly  exertions  that  change 


persisted  in  this  demoniacal  and  hellish  warfare,  we  are 
not  to  blame.  He  was  sure,  however,  that  these  political 
uprisings  in  the  States  of  Illinois,  Indiana,  and  Ohio,  were 
of  no  little  moment,  and  the  results  would  presently 
appear. 

In  September,  certain  "peace  resolutions" 
were  introduced  into  the  Senate  of  Virginia, 
which  proposed  in  substance  that  three  com 
missioners  should  be  appointed  by  each  of  the 
Confederate  States,  to  repair  to  each  of  the 
States  remaining  in  the  old  Union,  and  make 
known  to  the  Governors  of  each  of  them  that 


has  been  brought  about— would  be  willing  to  conclude  a  tue  Confederate  States  demand  that  they  will, 
just  and  honorable  peace  with  any  one  or  more  01  said  ,  ,  ,  ,,  .  ,  ,  ,,  ,  .,  f,  „  , 

States  who,  renouncing  all  political  connection  with  New  !  bJ  thc  ballot-box,  consent  that  the  Confederate 
England,  may  be  found  willing  to  stipulate  for  desisting  at  I  States  be  allowed  thenceforth  to  be  separated 
oncy  from  the  further  prosecution  of  the  war  against  the  frOrn  them  in  peace. 

South,  and  in  such  case  the  Government  of  the  Confederate  I        m.  ,    ..  ,.  , 

State*  would  be  willing  to  enter  into  a  league,  offensive  and  |       J  nese  resolutions   were    discussed    at    some 

length,  and   then  indefinitely  postponed   by  a 
When  they  were  first  offered 


defensive,  with  the  States  thus  desisting,  of  a  permanent 
and  enduring  character. 

6.  The  Government  of  the  Confederate  States  is  now 
willing,  as  it  has  heretofore  repeatedly  avowed  itself  to  be, 
whenever  the  States  bordering  upon  the  Mississippi  river, 
or  any  of  them,  shall  have  declared  their  inclination  to 
withdraw  from  the  further  prosecution  of  the  war  upon  the 
South,  (which,  could  it  be  successful,  would  only  have  the 
effect  of  destroying  their  own  best  market.)  to  guaranty  to 
them  in  the  most  effectual  and  satisfactory  manner  the 
peaceful  and  uninterrupted  navigation  of  the  said  Missis 
sippi  river  and  its  tributaries,  and  to  open  to  them  at  once  the 
markets  of  the  South,  greatly  enhanced  in  value  to  them  as 
they  would  be  by  the  permanent  exclusion  of  all  articles  of 
New  England  growth  or  manufacture. 

nlH{££"££S  I  oS^'1  to  se»dine  commissioners  to  Gov.  Morgan,  or  any 

.tification  to  the  people  of  tlle^uSSe^c?^  |  ^fS^SS^a^^    ™,eirview. 

Mr.  COI.LIKR  thought  the  action  of  the  Senate  was  hasty 
and  inconsiderate.  The  scheme  he  proposed  never  had  been 
attempted.  There  was  no  clause  in  the  Constitution  that 


unanimous  vote, 
and  read — 

Mr.  ARMSTRONG  moved  that  the  rules  be  suspended  for 
the  purpose  of  acting  on  the  resolutions  forthwith. 

Mr.  CoLtir.R  appealed  to  the  Senate  to  allow  the  resolu 
tions  to  lay  on  the  table,  in  order  that  Senators  might  have 
full  time  to  reflect  on  their  importance. 

Mr.  SEI>DON  was  unwilling  to  allow  the  silent  sanction  of 
the  Senate  to  endorse  for  an  hour  these  resolutions.  He 
was  in  favor  of  disposing  of  them  without  delay. 

The  rules  were  then  suspended. 

Mr.  NASH  moved  the  indefinite  postponement  of  the  reso 


America;  and  it  is  hoped  that  the  day  is  not  far  distant 
when  said  States  and  Territories,  consulting  their  own  ob 
vious  safety  and  future  welfare,  will  withdraw  from  all 
political  connection  with  a  Government  which  has  hereto 
fore  been  a  source  of  continual  oppression  to  them;  and 
when  said  States  and  Territories,  asserting  their  separate 
independence,  shall  appropriate  to  themselves  the  manifold 
advantages  sure  to  result  from  such  a  movement,  among 
which  may  be  reckoned :  1st.  Relief  from  grievous  and  ex 
hausting  tariff  regulations,  now  being  rigidly  enforced. 
2d.  Relief  from  all  the  discredit  resulting  inevitably  from 
thc  prosecution  of  the  present  unjust  and  unauthorized  war. 
.">d.  Relief  from  the  pressure  of  a  despotism  the  most  heart 
less  and  atrocious  ever  yet  established.  4th.  Relief  from 
the  crushing  weight  of  taxation  unavoidably  growing  out 
of  the  war.  5th.  The  exclusive  use  and  enjoyment  of  all 
the  rich  mineral  lands  stretching  along  the  slope  of  the  Pa 
cific.  6th.  Free  trade  with  all  the  nations  of  the  earth,  and 
a  future  maritime  growth  and  power  that  has  no  parallel ; 
and  lastly,  a  monopoly  of  the  trade  of  the  Pacific  ocean. 

8.  Itcrolvcd,  That  the  President  be  respectfully  requested, 
il  he  shall  approve  these  resolutions,  to  cause  them  to  bo 
promulgated  and  transmitted  to  the  States  of  the  North  by 
fuch  means  as  he  shall  deem  most  judicious;  and  that  he 
accompany  them,  if  he  think  it  advisable,  with  such  an  ad 
dress  or  proclamation,  expository  of  tho  matters  embodied 
therein,  as  he  shall  judge  most  suitable  and  proper. 

Jan.  21 — Mr.  FOOTE  remarked  in  relation  to 
proposed  retaliation  by  Mr.  Clopton  : 

He  (Mr.  Foote)  did  not  certainly  intend  to  call  into  ques 
tion  the  motives  or  acts  of  the  President  iu  reference  to 
this  matter ;  but  the  gentleman  from  Virginia  must  be 
aware  that  the  judiciaries  of  most  of  the  States  were  most 
(Umiiiar  with  their  own  laws  on  the  subject  under  consider 
ation,  and  know  what,  would  be  most  satisiactory  to  their 
own  people  better  than  tho  Confederate  Government  could 
possibly  know.  But  one  point  he  desired  especially  to  no 
tice.  It  could  not  but  be  apparent  to  every  one  how  these 
measures  of  retaliation  would  result — the  amount  of  blood 
shed  and  terrible  atrocities  to  which  it  would  lead.  There 
fore  he  desired  that  a  messenger  or  messengers  should  bi; 
sent  to  tho  Northern  Government,  to  propose  terms  of  hon 
orable  peace — to  Ictt'iejn  know  what  was  to  be  expected 
by  a  continuance  of  the  war  under  present  auspices.  This 
would  give  heart  to  that  great  Peace  party  which  is  now 
springing  up  at  the  North  and  daily  increasing  in  strength, 
especially  in  the  Northwestern  States,  where  the  people 
are  already  clamorous  for  peace.  And  if  the  Lincoln  Gov 
ernment  still  persisted  m  their  atrocious  course,  ouraction 
won  id  show  the  world  that  upon  that  Government  rested 
»!!  the  future  responsibility.  It  would  show  that  if  they 


empte 

provided  for  a  peaceful  dissolution  of  the  Union.  A  sort  of 
dread  filled  the  public  mind  in  regard  to  propositions  of 
peace,  because  they  might  do  harm.  If  there  waa  any  ex 
pression  in  the  preamble  or  resolutions  which  inculcates 
the  idea  that  wo  are  to  desist  from  the  struggle  till  the  in 
dependence  of  this  Confederacy  was  achieved  he  M'ould  like 
to  know  it.  Ho  was  willing  to  fight  on,  to  fight  on  till  we 
should  obtain  our  independence;  but  while  fighting  with 
one  hand  he  would  hold  out  tho  olive-branch  of  peace  with 
the  other.  Ho  hoped,  if  tho  resolutions  were  to  be  buried, 
they  would  be  allowed  the  decent  respect  shown  to  all 
corpses,  of  remaining  twenty-four  hours  before  interment. 
The  roll  was  called,  and  the  vote  stood — ayes  38,  noes  1, 
(Mr.  Collier.)  So  the  preamble  and  resolutions  were  indefi 
nitely  postponed. 

In  the  Legislature  of  Georgia,  the  same  sub 
ject  was  considered,  on  which  the  Savannah 
Republican  remarked : 

We  hope  the  Georgia  Legislature  will  let  this  question 
alone,  and  turn  their  attention  to  war.  The  peace  talk  is 
designed  to  help  tho  Northern  Democrats,  but  it  is  a  great 
mistake.  It  helps  Lincoln,  as  we  shall  see  to  our  sorrow. 

In  the  Legislature  of  North  Carolina,*  some 


*  March  4,  1864,  Win.  W.  Holden  issued  this  card : 

To  the  People,  of  North  Carolina :  In  compliance  with  the 
wishes  of  many  friends,  I  announce  myself  a  candidate  for 
tho  office  of  Governor  of  North  Carolina,  at  the  election  to 
be  held  on  tho  first  Tuesday  in  August  next. 

My  principles  and  views,  as  a  conservative,  "after  the 
strictest  sect,"  are  well  known  to  the  people  of  thc  State. 
These  principles  and  views  are  what  they  have  been.  They 
will  not  be  changed. 

I  am  not  disposed,  at  a  time  like  this,  to  invite  the  people 
from  their  employments,  and  add  to  the  excitement  which 
prevails  in  the  public  mind  by  haranguing  them  for  their 
votes.  We  need  all  our  energies  to  meet  the  common 
enemy,  and  to  provide  means  of  subsistence  for  our  troops 
in  the  field  and  the  people  at  home.  Let  the  people  go 
calmly  and  firmly  to  the  polls  and  vote  for  the  man  of  their 
choice.  I  will  cheerfully  abide  their  decision,  whatever  it 
may  be. 

If  elected  I  will  do  everything  in  my  power  to  promote 
the  interests,  the  honor,  and  the  glory  of  North  Carolina, 
and  to  secure  an  honorable  peace. 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC, 


305 


resolutions    were    submitted,   which    are    thus 
described  by  u  Richmond  paper  : 

They  assort  the  right  of  the  people  to  meet  and  consult 
for  the  good  of  the  country  ;  denounce  mob  violence  and 
military  aggression  upon  the  freedom  of  the  press  ;  pledge 
the.  Sta'te  to  a  firm  maintenance  of  the  decisions  of  its  legal 
tribunals,  and  applaud  Gov.  Vunce  for  his  manly  defence  of 
the  State  judiciary  They  further  compliment  the  army 


for  its  gallantry  and  heroism,  and  urge  a  faithful  discharge 


of  dutv  in  vigorously  prosecuting  the  war  for  nati 


It  is  especially  now,  at  a  moment  when  great  and  per 
haps  decisive  battles  are  impending  at  two  or  three  points, 
that  we  think  it  most  essential  to  insist  upon  the  grand  en 
tire  magnificence  of  the  stake  and  of  the  cause.  Once  more 
we  say,  it  is  all  or  nothing.  This  Confederacy  or  the  Yan 
kee  nation,  one  or  the  other,  goes  down,  down  to  perdition; 
that  is  to  say,  one  or  the  other  must  forfeit  its  national  ex 
istence,  and  lie  at  the  mercy  of  its  mortal  enemy.  We  all 
know  by  this  time  the  fate  in  store  for  us  if  we  succumb. 
The  other  party  has  no  smaller  stake.  As  surely  as  we 


pondence.  They  further  declare  that  formal  negotiations 
for  peace,  on  the  ba-sis  of  separation  from  the  United  States, 
•hould  be  instituted  by  the  treaty-making  power,  and  urge 
our  Representatives  in  Congress  to  exert  themselves  to 
bring  about  such  negotiations.  They  further  recommend 
proposals  from  the  Confederate  authorities  to  the  Federal 
Congress  looking  to  the  holding  of  a  peace  convention  for 
the  adjustment  of  difficulties,  whose  action  shall  be  subject 
to  the  ratification  of  the  people. 
TERMS  OF  PEACE  INDICATED  BY  THE  RICHMOND 

ENQUIRER. 

[From  the  Richmond  Enquirer,  Oct.  16.] 
Notwithstanding  the  cheering  rumors  of  an  early  recog 
nition  by  France,  notwithstanding  the  fact  that  the  Cabinet 
at  Washington  has  been  considering  "  proposals  for  peace" 
— proposals  of  its  own,  for  it  has  none  of  ours  to  consider — 
notwithstanding  the  White  Flag  that  was  seen  in  the 
heavens  by  a  respectable  woman,  and  the  inarch  of  aerial 
troops  northwards,  witnessed  by  a  man  of  good  character, 
in  the  clouds — in  spite  of  all  this,  there  is  not  the  slightest 
prospect  of  speedy  peace  visible  to  us.  There  will  be  no 
peace  until  the  military  power  of  the  Yankee  nation  is  en 
tirely  brokeu,and  its  people  so  thoroughly  sickened  of  the 
war  that  we  can  exact  our  own  terms. 

Save  on  our  own  terms,  we  can  accept  no  peace  what 
ever,  and  must  fight  till  doomsday  rather  than  yield  an  iota 
of  them  ;  and  our  terms  are: 

Recognition  by  the  enemy  of  the  independence  of  the 
Confederate  States. 

Withdrawal  of  Yankee  forces  from  every  foot  of  Confed 
erate  ground,  including  Kentucky  and  Missouri. 

Withdrawal  of  Yankee  soldiers  from  Maryland  until  that 
State  shall  decide,  by  a  free  vote,  whether  she  shall  remain 
in  the  old  Union  or  ask  admission  into  the  Confederacy. 

Consent,  on  the  part  of  the  Federal  Government  to  give 
np  to  the  Confederacy  its  proportion  of  the  navy  as  it  stood 
at  the  time  of  secession,  or  to  pay  for  the  same. 

Yielding  up  of  all  pretension,  o&  the  part  of  the  Federal 
Government,  to  that  portion  of  the  old  Territories  which 
lies  west  of  the  Confederate  States. 

Au  equitable  settlement — on  the  basis  of  our  absolute 
independence  and  equal  rights— of  all  accounts  of  the  pub 
lic  debts  and  public  lands,  and  of  the  advantages  accruing 
from  foreign  treaties. 

These  provisions,  we  apprehend,  comprise  the  minimum 
of  what  we  must  require  before  we  lay  down  our  arms. 
That  is  to  say,  the  North  must  yield  all ;  we  nothing.  The 
whole  pretension  of  that  country  to  prevent  by  force  the 
neparation  of  the  States  must  be  abandoned,  which  will  be 
an  equivalent  to  an  avowal  that  our  enemies  were  wrong 
from  the  first ;  and,  of  course,  as  they  waged  a  causeless 
and  wicked  war  upon  us,  they  ought,  in  strict  justice,  to  be 
required,  according  to  usages  in  such  cases,  to  reimburse  to 
us  the  whole  of  our  expenses  and  losses  in  the  course  of 
that  war. 

Whether  this  last  proviso  is  to  be  insisted  upon  or  not, 
certain  we  are  that  we  cannot  have  any  peace  at  all  until 
we  shall  be  in  a  position,  not  only  to  demand  and  exact, 
but  also  to  enforce  and  collect,  the  treasure  for  our  own  re 
imbursement  out  of  the  wealthy  cities  in  the  enemy's 
country.  In  other  words,  unless  we  can  destroy  or  scatter 
their  armies  an  1  break  up  their  Government,  we  can  have 
no  peace;  and  if  we  can  do  that,  then  we  can,  and  ought 
not  only  to  extort  from  them  our  own  full  terms,  and  am 
ple  acknowledgment  of  their  wrong,  but  also  a  handsome 
indemnity  for  the  trouble  and  expense  caused  tons  by  their 
crime. 

Now,  we  are  not  yet  in  a  position  to  dictate  those  terms 
to  our  enemies,  with  Rosecrans's  army  still  in  the  heart  of 
our  country,  and  Mcadc  still  on  Virginia  soil;  but  though 
it  is  too  soon  to  propose  such  conditions  to  them,  yet  it  is 
Important  that  wu  should  keep  them  plainly  before  our  own 
t^-cs  as  the  only  admissible  ha-iis  of  any  conceivable  peace. 
This  w.'-ll  fixed  in  tlio  Confederate  mind,  there  will  be  no 
more  fearful  looking  for  of  news  from  Europe,  as  if  that 
blessed  peace  were  to  come  to  us  over  the  sea,  and  not  to  be 
conquered  on  our  own  ground :  no  more  gaping  for  hints 
of  recognition,  "filling  the  belly  with  the  east  wind;"  no 
more  distraction  or  diversion  from  the  single  momentous 
jiiMiiess  of  bracing  up  every  nerve  and  sinew  of  the  coun 
try  for  battle. 
20 


-    completely  ruin  their  armies— and  without  that  is  no  peace 


nor  truce  at  all — so  surely  shall  we  make  them  pay  our  war 
debt,  though  we  wring  it  out  of  their  hearts.  And  they 
know  it  well ;  and  therefore  they  cannot  make  peace  except 
through  utter  exhaustion  and  absolute  inability  to  strike 
another  blow. 

The  stake  they  have  to  forfeit,  then,  if  they  lose  this 
dreadful  game,  is  as  vital  as  ours.  So  is  the  suike  to  be  won 
if  they  win  anything.  It  is  no  less  than  entire  possession 
of  our  whole  country,  with  us  in  it,  and  everything  that  is 
ours,  from  the  Ohio  to  the  Rio  Grande,  to  have  and  to  hold 
to  them  and  their  heirs  forever.  But,  on  the  other  hand, 
what  we  mean  to  win  is  utter  separation  from  them  for  all 
time.  We  do  not  want  to  govern  their  country ;  but  after 
levying  upon  it  what  seemeth  good  to  us,  by  way  of  indem 
nity,  we  leave  it  to  commence  its  political  life  again  from 
the  beginning,  hoping  that  the  lesson  may  have  made  them 
sadder  and  wiser  Yankees.  We  shut  them  out  forever, 
with  all  their  unclean  and  scoundrelly  ways,  intending  to 
lead  our  lives  here  in  our  own  Confederate  way  within  our 
own  well-guarded  bounds ;  and  without,  as  St.  John  says, 
"  without  are  dogs." 

And  let  no  Confederate  of  feeble  knees  and  tremulous 
backbone  say  to  us,  this  complete  triumph  is  impossible; 
say  that  we  must  be  content  with  some  kind  of  compro 
mise,  and  give  and  take.  On  the  contrary,  we  must  gain  all 
or  lose  all ;  and  that  the  Confederates  will  indeed  win  the 
giant  game,  we  take  to  be  as  certain  as  any  future  event  in 
this  uncertain  world.  Meade's  army  and  Rosecrans's  once 
scattered,  Lincol  n  can  get  no  more  armies.  The  draft  turns 
out  manifestly  fruitless.  Both  the  German  and  the  Irish 
elements  are  now  for  peace  !  The  Yankees  have  to  bear  the 
brunt  of  the  war  themselves;  but,  in  the  mean  time,  their 
inevitable  bankruptcy  is  advancing  like  an  armed  man; 
"hungry  ruin  has  them  in  tho  wind."  It  cannot  be  long 
before  the  Cabinet  at  Washington  will  have  indeed  to  con 
sider  seriously  "proposals  of  peace,"  under  auspices  and 
circumstances  very  different  trom  the  present. 

For  the  present  the  war  rolls  and  thunders  on — and  may 
God  defend  the  right ! 

1864. 
[From  the  Richmond  Examiner,  February  8.] 

The  following  extraordinary  resolutions  were  yesterday 
introduced  in  tho  House  of  Representatives  by  Mr.  Wright, 
of  Georgia.  The  House  went  into  secret  session  before  tak 
ing  any  action  upon  them  : 

Whereas  the  President  of  the  United  States,  in  a  late  pub 
lic  communication,  did  declare  that  no  propositions  for 
peace  had  yet  been  made  to  that  Government  by  the  Confed 
erate  States,  when,  in  truth,  such  propositions  were  pre 
vented  from  being  made  by  the  President  of  the  United 
States,  in  that  he  refused  to  hear,  or  to  receive,  two  com 
missioners  appointed  to  treat  expressly  of  the  preservation 
of  amicable  relations  between  the  two  Governments. 

Nevertheless  that  the  Confederate  States  may  stand  justi 
fied  in  the  sight  of  the  conservative  men  of  the  North  of  all 
parties,  and  that  tho  world  may  know  which  of  the  two 
Governments  it  is  that  urges  on  a  war  unparalleled  for  the 
fierceness  of  tho  conflict,  and  intensifying  into  a  sectional 
hatred  unsurpassed  in  the  annals  of  mankind :  Therefore, 

Resolved,  That  the  Confederate  States  invite  the  United 
States,  through  their  Government  at  Washington,  to  m.^et 
them  by  Representatives  equal  to  their  Representatives  und 

Senators  in  their  respective  Congress,  at ,  on  the 

day  of next,  to  consider, 

First.  Whether  they  cannot  agree  upon  the  recognition 
of  tho  Confederate  States  of  America. 

Second.  In  the  event  of  such  recognition,  whether  they  can 
not  agree  upon  the  formation  of  a  new  government,  founded 
upon  the  equality  and  sovereignty  of  the  States ;  but  if  this 
cannot  be  done,  to  consider — 

Third.  Whether  they  cannot  agree  upon  treaties,  offensive, 
defensive,  and  commercial. 

Resolved,  In  the  event  of  the  passage  of  these  resolutions, 
the  President  be  requested  to  communicate  the  same  to  tho 
Government  at  Washington  in  such  manner  as  he  shall 
deem  most  in  accordance  with  the  usages  of  nations ;  and 
in  tho  event  of  their  acceptance  by  that  Government,  he  do 
issue  his  proclamation  of  election  of  delegates,  under  such 
regulations  as  he  may  deem  expedient. 

In  the  House  of  Representatives,  May  23,  Mr. 
J.  T.  LEACH,  of  North  Carolina,  submitted  the 


306 


LEGISLATION,    ORDERS,    PROCLAMATIONS,   ETC. 


following  preamble  and  resolutions,  which  were 
read  by  the  clerk,  creating  quite  a  sensation  on 
the  floor,  among  the  privileged  seats,  and  in 
the  galleries  : 

Whereas,  The  unconstitutional  enactment  of  laws  by  the 
Congress  of  the  United  States,  upon  subjects  of  vital  im 
portance  to  the  harmony  and  independence  of  the  States, 
the  happiness  and  prosperity  of  the  people,  the  preserva 
tion  and  perpetuation .ot 'the  Union,  against  the  demands  of 
justice,  the  appeals  and  admonitions  of  her  best  and  wisest 
statesmen,  made  it  our  painful  duty  to  fall  back  upon  the 
rights  for  which  the  colonies  maintained  the  war  of  the 
Revolution,  and  which  our  forefathers  asserted  and  main 
tained  to  be  clear  and  inalienable : 

Rf.tsnlved,  ly  the  Congress  of  the  Omfrderate  Slates,  That 
the  delegates  from  each  State,  acting  in  sovereign  and  inde 
pendent  character,  for  the  purpose  of  adding  moral  to  our 
physical  force,  and  placing  ourselves  properly  before  the 
civilized  world,  do  most  earnestly  appeal  to  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  to  appoint 
commissioners  whose  duty  it  shall  be  to  propose  an  armistice 
of  ninety  days  to  the  proper  authorities  of  the  Federal  Gov 
ernment,  preliminary  to  negotiation  upon  State  sovereignty 
and  independence;  and  the  said  commissioners  shall  report 
iu  writing  to  the  President  the  answer  received  from  the 
Federal  Government  upon  the  subject. 

Resolved,  That  should  the  peace-making  power  of  the 
Federal  Government  accede  to  the  proposition  for  an  armis 
tice  of  ninety  days,  the  President  be  requested  to  convene 
the  Congress  of  the  Confederate  States  for  the  purpose  of 
appointing  commissioners,  by  and  with  the  advice  and  con 
sent  of  the  Senate;  and  that  he  be  also  requested  to  notify 
the  executive  of  the  several  States  of  the  fact,  and  ask  their 
co-operation  Ly  appointing  commissioners,  either  by  the 
Legislature  or  by  convention,  to  co-operate  with  the  com 
missioners  appointed  by  the  President,  and  to  negotiate  with 
the  commissioners  appointed  by  the  Federal  Government 
upon  such  terms  of  peace  as  will  be  consistent  with  the 
honor,  dignity,  and  independence  of  the  States,  and  compat 
ible  withtho  safety  of  our  social  and  political  rights. 

Resolved,  That  in  maintaining  the  rights  guaranteed  to 
us  by  the  blood  and  treasure  of  our  revolutionary  fathers, 
and  dear  at  all  times  to  freemen,  we  desire  to  bo  let  alone. 
We  take  no  man's  property  ;  we  fight  not  for  conquest,  but 
for  our  rights,  the  independence  of  the  States,  our  equality 
our  civil  and  religious  liberties. 

Resolved,  That  such  terms  of  peace  as  agreed  to  by  the 
commissioners  ought  to  be  endorsed  by  the  President  and 
Semite,  and  submitted  to  the  people  for  their  ratification  or 
rejection. 

Mr.  FOOTE,  of  Tennessee,  moved  the  reference  of  the  pre 
amble  and  resolutions  to  the  Committee  on  Foreign  Affairs 
Mr.  McMuLLEN  inquired  whether  tl'ie  subject  of  the  reso 
lutions  was  not  a  proper  one  tor  the  secret  session. 

Mr.  LEACH  said  he  desired  it  to  be  discussed  in  open  ses- 
•ion. 

Mr.  CONRAD  rose  to  a  point  of  order.     A  rule  was  adoptee 

at  the  last  session,  which  is  still  force,  requiring  that  al 

Biich  resolutions  be  received  and  discussed  in  secret  session 

The  SPEAKER  said  that  such  a  rule  had  been  adopted,  bui 

it  had  special  reference  to  the  last  session. 

Mr.  LEACH  insisted  that  (he  importance  of  the  question 
involved  in  the  resolutions  should  commend  them  to  the 
gravest  considerations  of  the  body.  They  were  not  his  view 
only,  but  tlie  views  of  his  constituents,  and  a  good  portion 
of  the  people  of  North  Carolina. 

Mr.  A.  II.  GARLAND,  of  Arkansas,  hoped  the  gentleman 
would  not  proceed  until  the  Chair  had  settled  the  point  o 
order  that  had  been  raised. 

Mr.  FOI.TE  renewed  his  motion  to  refer  the  resolutions  t 
the  Committee  on  Foreign  Affairs. 

Mr.  MCMULLKN  moved  to  lay  the  resolutions  upon  the  ta 
ble. 

Mr.  MARSHALL,  of  Kentucky,  rose  to  a  point  of  order.  Th 
gentleman  from  North  Carolina  [Mr.  Leach)  had  the  flooi 
and  he  had  not  yielded  it.  The  gentleman  from  Virgin! 
[Mr.  McMullenl  was  usurping  the  floor. 

Mr.  FOOTE  didn't  want  to  cut  off  any  remarks  the  gentle 
man  from  North  Carolina  might  have  to  make  iu  suppoi 
of  his  resolutions. 

Mr.  LEACH  said  the  presentment  of  the  resolutions  was 
a  duty  he  owed  to  himself  and  his  constituents.  If  th 
House  didn't  like  the  resolutions,  it  can  dispose  of  them  i 
any  manner  that  it  rtes  proper.  All  he  asked  was  a  ful 
and  impartial  hearing;  that  accorded  him  and  his  resolu 
tions,  he  would  bo  satisfied. 

Mr.  MCMULLEN  withdrew  his  motion,  and  Mr.  HEISKELI 

of  Tennessee,  renewed  his— the  call  for  the  ayes  and  uoe 

vipou  laying  tho  resolutions  upon  the  table. 

The  ayes  and  noes  were  taken  and  the  resolutions  tablec 

liter  a  short  interval,  Mr.  CONRAD,  of  Louisiana,  rose  t 

a  personal  explanation.     He  hud  mid  over  the  peace  reso 


itions  submitted  by  the  gentleman  from  North  Carolina, 
Vfr.  Leach.]  and  he  found  that  they  look  to  separate  State 
ction  in  the  prosecution  of  peace.  Taking  that  view  of 
lem,  he  could  not  give  them  his  countenance  or  support, 
[e  naked  leave  to  change  his  vote  on  the  motion  to  lay  them 
pon  the  table,  lie  had  voted  "  aye ;"  he  would  now  vote 
no." 

Mr.  J.  T.  LEACH  said  he  held  in  his  hand  the  address  of 
lie  last  Congress  to  the  people  of  the  Confederate  State*, 
'he  principles  there    enunciated   were  embodied  almoat 
wholly  in  these  resolutions. 

Mr.  SWAN,  of  Tennessee,  os-ked  and  obtained  leave  to 
hange  his  vote  on  the  motion  to  lay  the  resolutions  on  the 

bio. 

Mr.  READ,  of  Kentucky,  moved  to  reconsider  the  vote  by 
which  the  resolutions  were  disposed  of,  so  that  all  the  rneio- 
ers  might  exercise  their  discretion  in  voting. 

Mr.  MARSHALL,  of  Kentucky,  was  for  treating  the  resolu- 
ions  of  tho  gentleman  from  North  Carolina  with  becoming 
espect.  They  did  not  represent  his  own  views  more  thau 
he  views  of  his  congressional  district.  He  thinks  they  are 
roper  and  right,  and  so  think  his  constituents. 

Tho  debate  soon  began  to  be  somewhat  stormy  and  per- 
onal,  and,  after   much  wrangling,  the    resolutions  were 
abled  by  62  ayes  to  22  nays. 
CORRESPONDENCE  BETWEEN  JEFF.  DAVIS  ANDGOV. 

VANCE,  OF  NORTH  CAROLINA. 
[From  the  Petersburg  Express,  May  24.] 
STATE  OF  NORTH  CAROLINA,  EXECUTIVE  DEPARTMENT, 

RALEIGH,  December  30, 1863. 
lis  Excellency  President  DAVIS  : 

Mr  DEAR  SIR:  After  a  careful  consideration  of  all  the 
sources  of  discontent  in  North  Carolina,  I  have  concluded 
hat  it  will  be  impossible  to  remove  it,  except  by  making 
some  effort  at  negotiation  with  the  enemy. 

Tho  recent  action  of  the  Federal  House  of  Representatives, 
;hough  meaning  very  little,  has  greatly  excited  the  public 
icpe  that  the  northern  mind  is  looking  toward  peace.  I 
im  promised  by  all  men  who  advocate  this  course  that  if 
air  terms  are  rejected  it  will  tend  greatly  to  strengthen 
•xnd  intensify  the  war  feeling,  and  will  rally  all  classes  to  a 
more  cordial  support  of  fche  Government. 

And  although  our  position  is  well  known  as  demanding 
only  to  be  let  alone,  yet  it  seems  to  me  that  for  tho  sake  of 
humanity,  without  having  any  weak  or  improper  motives 
ittributed  to  us,  we  might,  with  propriety,  constantly  tender 
legotiutions.  In  doing  so  we  would  keep  conspicuously  be- 
bro  the  world  a  disclaimer  of  our  responsibility  for  the 
great  slaughter  of  our  race,  and  convince  the  humblest  of 
aur  citizens — who  sometimes  forget  the  actual  situation — 
that  the  Government  is  tender  of  their  lives  and  happiness, 
and  would  not  prolong  their  sufferings  unnecessarily  one 
moment. 

Though  statesmen  might  regard  this  as  useless,  the  peo 
ple  will  not,  and  I  think  our  cause  will  be  strengthened 
thereby.  I  have  not  suggested  the  method  of  these  nego 
tiations  or  their  terms.  The  effort  to  obtain  peace  is  th* 
principal  matter. 

Allow  me  to  beg  your  earnest  consideration  of  this  sag- 
Very  respectfully  yours,  Z.  B.  VANCE. 

DAVIS'S  REPLY. 

EXECUTIVE  OFFICB, 
RICHMOND,  January  8, 1864. 

DEAR  SIR:  I  have  received  your  letter  of  the  30th  ult., 
containing  suggestions  of  the  measures  to  be  adopted  for  the 
purpose  of  removing  "  the  sources  of  discontent"  in  North 
Carolina.  The  contents  of  tho  letter  are  substantially  the 
same  as  those  of  tho  letter  addressed  by  you  to  Senator 
Dortch,  extracts  of  which  were  by  him  read  to  me. 

I  remarked  to  Mr.  Dortch  that  you  were  probably  not 
aware  of  tho  obstacles  to  the  course  you  indicated,  and, 
without  expressing  an  opinion  on  the  merits  of  the  pro 
posed  policy,  desired  him  in  answering  your  letter  to  writ* 
for  suggestions  as  to  the  method  of  opening  negotiations, 
and  as  to  the  terms  which  you  thought  should  he  oflered  to 

I  felt  persuaded  you  would  appreciate  the  difficulties  as 
soon  as  your  attention  was  called  to  the  necessity  of  con 
sidering  the  subject  in  detail.  As  you  have  made  no  sug- 
'•vst  Luis  touching  tho  manner  of  overcoming  the  obstacle*, 
I  infer  that  you  were  not  apprised  by  Mr.  Dortch  of  my  re 
marks  to  him. 

Apart  from  insuperable  objections  to  the  line  of  policy 
you  propose  ^and  to  which  I  will  presently  advert)  I  cannot 
see  how  the  more  material  obstacles  are  to  be  surmounted. 
We  have  made  three  distinct  efforts  to  communicate  with 
the  authorities  at  Washington,  and  have  been  invariably 
unsuccessful.  Commissioners  were  sent  before  hostilities 
were  begun,  and  the  Washington  Government  refused  * 
receive  them  or  hear  what  they  had  to  say. 


LEGISLATION,    ORDERS,   PROCLAMATIONS,    ETC. 


307 


A  second  time  I  scut  a  military  officer,  with  a  communi- 
ation  addressed  by  myself  to  President  Lincoln.  The 
letter  was  received  by  General  Scott,  who  did  not  permit 
the  officer  to  see  Mr.  Lincoln ;  but  promised  that  an  answer 
would  be  sent.  No  answer  has  ever  been  received.  The 
third  time,  a  few  months  ago,  a  gentleman  was  sent,  whose 
position,  character,  and  reputation  were  such  as  to  insure 
his  reception,  if  the  enemy  were  not  determined  to  receive 
no  proposals  whatever  from  the  Government.  V ice  Presi 
dent  Stephens  made  a  patriotic  tender  of  his  services  iu  the 
hop-  of  being  aule  to  promote  the  cause  of  humanity,  and 
although  little  belief  was  entertained  of  his  success,  I 
cheerfully  yielded  to  his  suggestion,  that  the  experiment 
should  be  tried. 

The  enemy  refused  to  let  him  pass  through  their  lines, 
or  to  hold  any  conference  with  them.  He  was  stopped  be 
fore  he  ever  reached  Fortress  Monroe  on  his  way  to  Wash 
ington.*  To  attempt  again  in  the  face  of  these  repeated 
rejections  of  all  conference  with  us,  to  send  commissioners 
or  agents  to  propose  peace,  is  to  invite  iusult  and  contumely, 
and  to  subject  ourselves  to  indignity  without  the  slightest 
chance  of  being  listened  to. 

No  true  citizen,  no  man  who  has  our  cause  at  heart,  can 
desire  this  ;  and  the  good  people  of  North  Carolina  would 
be  the  last  to  approve  of  swh  an  attempt,  if  aware  of  all 
the  facts.  So  far  from  removing  sources  of  discontent,  such 
a  course  would  receive,  as  it  would  merit,  the  condemnation 
of  those  true  patriots  who  have  given  their  blood  and  their 
treasure  to  maintain  the  freedom,  equality,  and  independ 
ence  which  descended  to  them  from  the  immortal  heroes  of 
King's  Mountain  and  other  battle-fields  of  the  Revolution. 
If,  then,  these  proposals  cannot  be  made  through  envoys, 
because  the  enemy  would  not  receive  them,  how  is  it  possi 
ble  to  communicate  our  desire  for  peace  otherwise  than  by 
the  public  announcements  contained  in  almost  every  mes 
sage  I  ever  sent  to  Congress? 

I  cannot  recall  at  this  time  one  instance  in  which  I  have 
failed  to  announce  that  our  only  desire  was  peace,  and  the 
only  terms  which  formed  a  sine  qua  nan,  were  precisely 
those  that  you  suggested,  namely  "a  demand  only  to  be  let 
alone."  But  suppose  it  were  practicable  to  obtain  a  confer 
ence  through  commissioners  with  the  Government  of  Presi 
dent  Lincoln,  is  it  at  this  moment  that  we  are  to  consider 
it  desirable  or  even  at  all  admissible  ? 

Have  we  not  just  been  apprised  by  that  despot  that  we 
can  only  expect  his  gracious  pardon  by  emancipating  all 
our  slaves,  swearing  allegiance  and  obedience  to  him  and 
his  proclamation,  and  becoming,  in  point  of  fact,  the  slaves 
of  our  own  negroes  ?  Can  there  be  in  North  Carolina  one 
citizen  so  fallen  beneath  the  dignity  of  his  ancestors  as  to 
accept,  or  to  enter  conference  on  the  basis  of  these  terms  ? 

That  there  are  a  few  traitors  in  tho  ^tate  who  would  be 
willing  to  betray  their  fellow-citizens  to  such  a  degraded 
condition,  in  hope  of  being  rewarded  for  treachery  by  an 
escape  from  the  common  doom,  may  be  true  But  I  do  not 
believe  that  the  vilest  wretch  would  accept  such  terms  for 
himself.  I  cannot  conceive  how  the  people  of  your  State, 
than  which  none  has  sent  nobler  or  more  gallant  soldiers 
to  the  field  of  battle,  (one  of  whom  it  is  your  honor  to  be,) 
can  have  been  deceived  by  anything  to  which  you  refer  in 
"the  recent  action  of  the  Federal  House  of  Representa 
tives."  I  have  seen  no  action  of  that  House  that  does  not 
indicate,  by  a  very  decided  majority,  the  purpose  of  the 
«nemy  to  refuse  aH  terms  of  the  South,  except  absolute,  un 
conditional  subjugation  or  extermination.  But  if  it  were 

•This  is  the  correspondence  : 

CONFEDERATE  STATES  STEAMER  TORPEDO, 

IN  JAMES  RIVI:R,  July  4,  1863. 

SIR:  As  military  commissioner,  I  am  the  bearer  of  a  com 
munication  in  writing  from  Jefferson  Davis,  Commander-in- 
Chief  of  the  land  and  naval  forces  of  the  Confederate 
States,  to  Abraham  Lincoln,  Commander-iu-Chief  of  the 
land  and  naval  forces  of  the  United  States.  The  lion. 
Robert  Ould,  Confederate  States  agent  of  exchange,  ac 
companies  me  as  secretary,  for  the  purpose  of  delivering 
the  communication  iu  person  and  conferring  upon  the  sub 
ject  to  which  it  relates.  I  desire  to  proceed  to  Washington 
in  tlie  steamer  Torpedo,  commanded  by  Lieut.  Hunter 
Davidson,  of  the  Confederate  States  Navy,  no  person  being 
on  board  but  the  Hon.  Mr.  Ould,  myself,  and  the  boat's  offi 
cers  and  crew. 

Yours,  most  respectfully, 

ALEX.  II.  STEPHENS. 
To  S.  II.  LEE,  Admiral. 

Acting  Rear  Admiral  S.  II.  LEE,  Hampton  Roads: 

The  request  of  Alex.  II.  Stephens  is  inadmissible.  The 
customary  agents  and  channels  are  adequate  for  all  needful 
military  communications  and  conference  between  the 
Uuited  States  forces  and  the  insurgents. 

GIDEON  WELLES, 

Sec.  of  th  t  Navy, 


otherwise,  how  are  we  to  treat  with  the  House  of  Repre 
sentatives? 

It  is  with  Linco.n  alone  that  we  ever  could  confer,  and 
his  own  partisans  at  the  North  avow  unequivocally  that  his 
purpose  in  his  message  and  proclamation  waa  to  shut  out 
all  hope  that  he  could  ever  treat  with  us  on  any  terms  If 
we  will  break  up  our  Government,  dissolve  the  Confedera 
cy,  disband  our  armies,  emancipate  our  slaves,  take  an  oath 
of  allegiance  binding  ourselves  to  obedience  to  him  and  of 
disloyalty  to  our  own  States,  he  proposes  to  pardon  us  and 
not  to  plunder  us  of  anything  more  than  the  property  al 
ready  stolen  from  us,  and  such  slaves  as  still  remain.  In 
order  to  render  his  proposals  so  insulting  as  to  secure  their 
rejection,  ho  joins  to  them  a  promise  to  support  with  hia 
army  one- tenth  of  the  people  of  any  State  who  will  attempt 
to  set  up  a  government  over  the  other  nine-tenths,  thus 
seeking  to  sow  discord  and  suspicion  among  the  people  of 
the  several  States,  and  excite  them  to  civil  war  in  further 
ance  of  his  ends. 

I  know  well  it  would  be  impossible  to  get  your  people,  if 
they  possessed  full  knowledge  of  these  facts,  to  consent  that 
proposals  should  now  be  made  by  us  to  those  who  control 
the  Government  at  Washington.  Your  own  well-known 
devotion  to  the  great  cause  of  liberty  and  independence,  to 
which  we  have  all  committed  whatever  we  have  of  earthly 
possessions,  would  induce  you  to  take  the  lead  in  repelling 
the  bare  thought  of  abject  submission  to  the  enemy. 

Yet  peace  on  other  terms  is  now  impossible.  To  obtain 
the  sole  terms  to  which  you  or  I  could  listen,  this  struggle 
must  continue  until  the  enemy  is  beaten  out  of  his  vain 
confidence  of  our  subjugation.  Then,  and  not  till  then, 
will  it  be  possible  to  treat  for  peace.  Till  then,  all  tender 
of  terms  to  the  enemy  will  be  received  as  proof  that  we  are 
ready  for  submission,  and  will  encourage  him  in  the 
atrocious  warfare  which  he  is  waging. 

I  fear  much  from  the  tenor  of  the  news  I  receive  from 
North  Carolina,  that  an  attempt  will  be  made  by  some  bad 
men  to  inaugurate  movements  which  must  be  considered 
as  equivalent  to  aid  and  comfort  to  the  enemy,  and  which 
all  patriots  should  combine  to  put  down  at  any  cost. 

You  may  count  on  my  aid  in  every  effort  to  spare  your 
State  the  scenes  of  civil  warfare,  which  will  devastate  ita 
homes  if  the  designs  of  these  traitors  be  suffered  to  make 
headway.  I  know  that  you  will  place  yourself  in  your  le 
gitimate  position  in  the  lead  of  those  who  will  not  suffer 
the  name  of  tho  Old  North  State  to  be  blackened  by  such  a 
stain. 

Will  you  pardon  me  for  suggesting  that  my  only  source 
of  disquietude  on  the  subject  arisus  from  the  fear  that  you 
will  delay  too  long  the  action  which  now  appears  inevitable, 
and  that  by  an  overearnest  desire  to  reclaim  by  conciliation 
men  whom  you  believe  to  be  sound  at  heart,  but  whose  loy 
alty  is  more"  than  suspected  elsewhere,  you  will  permit  them 
to  gather  such  strength  as  to  require  more  violent  measures 
than  are  now  needed  ? 

With  your  influence  and  position,  the  promoters  of  the 
unfounded  discontent  now  prevalent  in  your  State  would 
be  put  down  without  the  use  of  physical  force  if  you  would 
abandon  a  policy  of  conciliation  and  set  them  at  defiance. 
In  this  course,  frankly  and  firmly  pursued,  you  could  rally 
around  you  all  that  is  best  and  noblest  in  your  State,  and 
your  triumph  would  be  bloodless. 

If  the  contrary  policy  be  adopted,  I  much  fear  you  will 
be  driven  to  the  use  oJ'  force  to  repress  treason.  In  either 
event,  however,  be  asvsured  that  you  will  have  my  cordial 
concurrence  and  assistance  in  maintaining  with  you  the 
honor,  dignity,  and  fair  fame  of  your  State,  and  in  your 
efforts  to  crush  treason,  whether  incipient,  as  I  believe  it 
now  to  be,  or  more  matured,  as  I  believe,  if  not  firmly  met, 
it  will  in  our  future  inevitably  become. 

1  have  tho  honor  to  be,  verv  respectfully,  yours, 

JEFFERSON  DAVIS. 
Hit*  Excellency  Z.  B.  VANCE, 

Governor  of  North  Carolina.  RaUigh,  N.  C. 

THE  LATEST  PROM  JEFF.  DAVIS. 

James  R.  Gilmore — otherwise  known  as  "Ed 
mund  Kirke" — who  recently  visited  Richmond 
with  Col.  Jacques,  writes  an  explanatory  note 
respecting  his  visit  to  the  Boston  Transcript  of 
July  22,  1864,  in  which  he  says  of  their  "mis 
sion"  : 

It  will  result  in  nothing.  Jefferson  Davis  said  to  me  last 
Sunday,  (and  with  all  his  faults  I  believe  him  to  be  a  man 
of  truth):  "This  war  must  go  on  till  the  last  of  this  gen 
eration  falls  in  his  tracks,  and  his  children  seize  his  mu.sket 
and  fight  our  battle,  unless  you  acknowledge  our  right  to 
self-government.  We  are  not  fighting  for  slavery ;  we  aro 
fighting  for  independence,  and  that  or  extermination  we 
will  have." 


MILITARY  ORDERS  RESPECTING  ELECTIONS. 


Maryland. 

EXTRACT  FROM  AN  ACT  OF  ASSEMBLY  OF   I860. 

No  commissioned  or  non-commissioned  officer,  baring 
command  of  any  soldier  or  soldiers  quartered  or  posted  in 
any  district  of  any  county  in  this  State,  shall  muster  or 
embody  any  of  the  said  troops,  or  march  any  recruiting 
party  within  the  view  of  any  place  of  election ,  during  the 
time  of  holding  said  election,  under  the  penalty  of  one 
hundred  dollars.  This  section  not  to  apply  to  the  city  of 
Baltimore. 

ELECTION    OF    1861. 

1861,  Oct.  29— General  Marcy,  Chief  of  Mc- 
Clellan's  Staff,  issued  this  order  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
WASHINGTON,  October  29, 1861. 

GENERAL  :  There  is  an  apprehension  among  Union  citi 
zens  in  many  parts  of  Maryland  of  an  attempt  at  interference 
with  their  rights  of  suffrage  by  disunion  citizens  on  the  oc 
cas ion  of  the  election  to  take  place  on  the  6th  of  Novem 
ber  next. 

In  order  to  prevent  this,  the  major  general  commanding 
directs  that  you  send  detachments  of  a  sufficient  number 
of  men  to  the  different  points  in  your  vicinity  where  the 
elections  are  to  be  held  to  protect  the  Union  voters,  and  to 
see  thatnodisunionists  are  allowed  to  intimidate  them,  or 
in  any  way  to  interfere  with  their  rights 

He  also  desires  you  to  arrest  and  hold  in  confinement 
till  after  the  election  all  d  is  unionists  who  are  known  to  have 
returned  from  Virginia  recently  and  who  show  themselves 
at  the  polls,  and  to  guard  effectually  against  any  invasion 
of  the  peace  and  order  of  the  election.  For  the  purpose  of 
carrying  out  these  instructions  you  aro  authorized  to  sus 
pend  the  habeas  corpus.  General  Stone  has  received  simi 
lar  instructions  to  these.  You  will  please  confer  with  him 
as  to  the  particular  points  that  each  shall  take  the  control 
of. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 
R.  B.  MARCY, 

Chief  of  Staff. 
Major  General  N.  P.  BANKS, 

Commanding  Division,  Muddy  Branch,  Md. 

Nov.  1 — Gen.  John  A.  Dix  issued  this  order  : 

HEADQUARTERS,  BALTIMORE,  November  1, 1861. 
Ib  the  Uniteil  Slates  Marshal  of  Maryland,  and  the  Provost 
Marshal  of  the  city  of  Baltimore. 

Information  has  come  to  my  knowledge  that  certain  indi 
viduals  who  formerly  resided  in  this  State,  and  who  are 
known  to  have  been  recently  in  Virginia  bearing  arms 
against  the  authority  and  the  forces  of  the  United  States, 
have  returned  to  their  former  homes  with  the  intention  of 
taking  part  in  the  election  of  the  6th  of  November  instant, 
thus  carrying  out  at  the  polls  the  treason  they  have  com 
mitted  in  the  field.  There  is  reason  also  to  believe  that  other 
individuals  lately  residents  in  Maryland,  who  have,  been 
engaged  in  similar  acts  of  hostility  to  the  United  States,  or 
inactively  aiding  arid  "abetting  those  in  arms  against  the 
United  States,  are  about  to  participate  in  the  election  for 
t  he  same  treacherous  pur  pose,  with  the  hope  of  carrying 
over  the  State  by  disloyal  votes  to  the  cause  of  rebellion 
and  treason.  I,  therefore,  by  virtue  of  the  authority  vested 
in  me  to  arrest  all  persons  in  rebellion  against  the  United 
States,  reqifire  you  to  take  into  custody  all  such  persons  in 
any  of  the  election  districts  or  precincts  in  which  they  may 
appe.it  at  the  polls  to  effect  their  criminal  attempt  to  con 


vert  the  elective  franchise  into  an  engine  for  the  subver 
sion  of  the  Government,  and  for  the  encouragement  and 
support  of  its  enemies. 

In  furtherance  of  this  object,  I  request  the  judges  of  elec 
tion  of  the  several  precincts  of  the  State,  in  case  any  such 
person  shall  present  himself  and  offer  his  vote,  to  commit 
him  until  he  can  be  taken  into  custody  by  the  authority  of 
the  United  States  ;  and  I  call  on  all  good  and  loyal  citizens 
to  support  the  judges  of  election,  the  United  Suites  marshal, 
and  his  deputies,  and  the  provost  marshal  of  Baltimore  ami 
police,  in  their  efforts  to  secure  a  free  and  fair  expression 
of  the  voice  of  the  people  of  Maryland,  and  at  the  same 
time  to  prevent  the  ballot-box  from  being  polluted  by 
treasonable  votes. 

JOHN  A.  DIX, 
Major  General  Commanding. 

Same  day,  he  addressed  this  letter  to  the  in 
spectors  of  the  election  at  New  Windsor,  Carroll 
county : 

HEADQUARTERS  DEPARTMENT  OF  PENNSYLVANIA, 

BALTIMORE,  MD.,  November  1, 1861. 

GENTLEMEN:  I  have  received  your  letter  of  the  29th  ul 
timo,  asking  me  to  issue  a  proclamation  authorizing  you  to 
administer  to  all  persons  of  doubtful  loyalty,  who  offer 
their  votes  at  the  approaching  election,  an  oath  to  support 
the  Constitution  of  the  United  States.     If  I  had  the  power 
I  would  most  cheerfully  do  so,  for  no  one  who  is  false  to- 
the  Government  ought  to  be  allowed  to  vote.    But  the  con 
stitution  and  laws  of  Maryland  provide  for  the  exercise  of 
the  elective  franchise  by  regulations  with  which'I  have-  no- 
right  to  interfere.     I  have  this  day  issued  an  order,  of  which 
I  enclose  a  copy,  to  the  United  States  marshal  and  the  pro 
vost  marshal  of  Baltimore  to  arrest  any  persons  who  have 
been  in  arms  in  Virginia  if  they  appear  at  the  polls  and  at- 
'  tempt  to  vote,  as  we  are  told  some  such  persons  intend,  and 
!  to  take  into  custody  all  who  aid  and  abet  them  in  their 
j  treasonable  designs;"  and  I  have  requested  the  judges  of 
election,  in  case  any  such  person  presents  himself  at  the 
I  polls  and  attempts  to  vote,  to  commit  him  until  he  can  be 
I  taken  into  custody  by  the  authority  of  the  United  States. 

I  consider  it  of  the  utmost  importance  that  the  election 
;  should  be  a  fair  one,  and  that  there  should  be  no  obstruc 
tion  to  the  free  and  full  expression  of  the  voice  of  the  peo 
ple  of  the  State,  believing,  as  I  do,  that  it  will  be  decidedly 
in  favor  of  the  Union.  But  it  is  in  the  power  of  the  judges 
of  election,  under  tho  authority  given  them,  to  satisfy  them 
selves  as  to  the  qualifications  of  the  voters,  to  put  to  those 
who  offer  to  poll  such  searching  questions  in  regard  to  res 
idence  and  citizenship  as  to  detect  traitors,  and,  without 
any  violation  of  the  constitution  or  laws  of  Maryland,  to 
prevent  the  pollution  of  the  ballot-boxes  by  their  votes. 
I  am,  very  respectfully,  yours,  JOHN  A.  DIX, 

Major  General  Commanding. 
DANIEL  EXCEL  and  WILLIAM  ECKER,  Inspectors  of  Election, 

New  Windsor. 

MAJOU  GENERAL    DIX's    ORDER  TO    PROVOST  MAR 
SHAL  DODGE   BEFORE  THE  MARYLAND  ELECTION 

OF   1861.* 

BALTIMORE,  November  5, 1861. 
To  Provost  Marshal  DODGE  : 

Use  all  your  power  to-morrow  to  have  tho  polls  unob 
structed.  'We  have  shown  that  we  can  control  Maryland 


*  The  above.  General  Dix  says,  is  in  all  essential  particu 
lars  accurate/and  is  given  by  him  from  ir.eaiory.  Th« 
original  of  the  order  has  boon  mislaid. 

308 


MILITARY   ORDERS   RESPECTING   ELECTIONS. 


309 


fcy  force.  We  now  wish  to  show  that  we  can  control  it  by 
the  power  of  opinion,  arid  we  shall  lose  the  whole  moral  in 
fluence  of  our  victory  if  the  right  of  suffrage  is  not  free,  and 
maintained. 

JOHN  A.  DIX, 
Major  General  Commanding. 

JfCRLOUGHING    OF     SOLDIERS    T)    VOTE    IN    MARY 
LAND. 
SECRETARY  OF  WAR  TO  GEN.  M'CLELLAN. 

WAR  DEPARTMENT, 
WASHINGTON,  October  28, 1841. 
Major  Gen.  McCi.Ei.LA\,  Commanding: 

SIR:  In  order  to  have  a  full  vote  in  Maryland  at  the  coin 
ing  election,  Wednesday,  November  0,  so  that  the  legal 
voters  may  decide  by  their  ballots  all  public  questions,  you 
are  hereby  directed  to  grant  throe  days'  furlough  to  the 
soldiers  of  the  1st,  2d,  and  3d  regiments  of  Maryland 
•volunteers,  all  to  return  to  duty  on  Thursday,  Nov.  7. 
Very  respectfully, 

SIMON  CAMERON. 

Secretary  of  War. 

GEN.  M'CLELLAN'S  ORDER  TO  GEN.  BANKS. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 

WASHINGTON,  October  29, 1861. 
Major  Gen.  N.  P.  BANKS,  Commanding,  d-c.: 

GENERAL  :  Pursuant  to  directions  from  the  Seci-etary  of 
War,  of  the  28th  inst.,  of  which  I  inclose  you  a  copy,  the 
Major  General  commanding  directs  that  such  soldiers 
of  the  1st,  2d,  and  3d  regiments  of  Maryland  volunteers  as 
may  be  within  the  limits  of  your  command  receive  fur 
loughs  for  such  a  length  of  time  as  will  enable  them  to 
reach  the  place  wherein  they  may  be  entitled  to  vote  by  the 
€th  of  November.  Wherever  it  may  be  necessary,  in  order 
to  i'acilitate  the  presence  of  these  men  at  their  places  of 
voting,  to  furnish  them  transportation,  it  may  be  furnished. 
It  is  desired  that  the  most  liberal  and  prompt  circulation 
may  be  given  to  these  instructions,  in  order  to  secure  with 
certainty  the  carrying  into  effect  the  design  proposed. 

Sufficient  time  is  to  be  allowed  the  soldiers  thus  fur- 
loughed  to  enable  them  to  return  after  voting,  without  ex 
ceeding  the  term  h'xed  for  their  furlough ;  but  a  prompt 
return  is  desired. 

Whenever  it  may  be  necessary,  the  absent  soldier  should 
be  replaced  for  the  time  by  other  troops. 

The  General  Commanding  desires  that  the  receipt  of  this 
communication  be  acknowledged  at  once. 

I  have  the  honor  to  be,  General,  very  respectfully,  your 
obedient  servant, 

S.  WILLIAMS, 

Asst.  Adj.  Gen. 

ELECTION  OF  1863. 

1863,  October  27 — General  Schenck  issued 
this  order  : 

[General  Orders  No.  53.] 

HEADQUARTERS,  MIDDLE  DEPARTMENT, 

EIGHTH  ARMY  CORPS, 
BALTIMORE,  MARYLAND,  October  27, 1863. 
It  is  known  that  there  are  many  evil  disposed  persons, 
now  at  large  in  the  State  of  Maryland,  who  have  been  en 
gaged  in  rebellion  against  the  lawful  Government,  or  have 
given  aid  and  comfort  or  encouragement  to  others  so  en 
gaged,  or  who  do  not  recognize  their  allegiance  to  the 
United  States,  and  who  may  avail  themselves  of  the  indulg 
ence  of  the  authority  which  tolerates  their  presence  to  em 
barrass  the  approaching  election,  or,  through  it,  to  foist 
enemies  of  the  United  States  into  power.  It  is  therefore 
ordered, 

1.  That  all  provost  marshals  and  other  military  officers 
do  arrest  all  such  persons  found  at,  or  hanging  about,  or 
approaching  any  poll  or  place  of  election  on  the  4th  of  No 
vember,  18t>3,  and  report  such  arrest  to  these  headquarters. 

2.  That  all  provost  marshals  and  other  military  officers 
commanding  in  Maryland  shall  support  the  judges  of  elec 
tion  on  the  4th  of  November,  1803,  in  requiring  an  oath  of 
allegiance  to  the  United  States,  as  the  test  of  citizenship  of 
any  one  whose  vote  may  be  challenged  on  the  ground  that 
he  is  not  loyal,  or  does  not  admit  his  allegiance  to  the 
United  States,  which  oath  shall  be  in  the  following  form 
wild  terms : 

I  do  solemnly  swear  that  I  will  support,  protect,  and  de 
fend  the  Constitution  and  Government  of  the  United  States 
afe-.iinst  all  enemies,  whether  domestic  or  foreign :  that  I 
hereby  pledge  my  allegiance,  faith,  and  loyalty  to  the  same, 
any  ordinance,  resolution,  or  law  of  any  State  convention, 
<jr  State  Legislature,  to  the  contrary  notwithstanding;  that 
I  will  at  all  times  yield  a  hearty  find  willing  obedience  to 
the  said  Constitution  and  Government,  and  will  not,  either 
directly  or  indirectly,  do  any  act  in  hostility  to  the  same, 


either  by  taking  up  arms  against  them,  01  aiding,  abetting, 
or  countenancing  those  in  arms  against  them ;  that,  with 
out  permission  from  the  lawful  authority,  I  will  have  no 
communication,  direct  or  indirect,  with  the  States  in  insur 
rection  against  the  United  States,  or  with  either  of  them, 
or  with  any  person  or  persons  within  said  insurrectionary 
States ;  and  that  I  will  in  all  things  deport  myself  as  a  good 
and  loyal  citizen  of  the  United  States.  This  I  do  in  good 
faith,  with  full  determination,  pledge,  and  purpose  to  keep 
this,  my  sworn  obligation,  and  without  any  mental  reserva 
tion  or  evasion  whatsoever. 

3.  Provost  marshals  and  other  military  officer:;  are  di 
rected  to  report  to  these  headquarters  any  judge  of  an  elec 
tion  who  shall  refuse  his  aid  in  carrying  out  this  order,  or 
who,  on  challenge  of  a  vote  being  made  on  the  ground  of 
disloyalty  or  hostility  to  the  Government,  shall  refuse  to 
require  the  oath  of  allegiance  from  such  voter. 

By  order  of  Major  General  Schenck : 

W.  II.  CIIESEBROUGH, 
Lieutenant  Cokmel  and  Assistant  Adjutant  General. 

PROVOST  MARSHAL  GENERAL'S  ORDER. 

WAR  DEPARTMENT, 
PROVOST  MARSHAL  GENERAL'S  OFFICE, 

WASHINGTON,  D.  C,,  October  31, 1863. 
Direct  your  provost  marshals  to  give  their  aid  in  carry 
ing  out  General  Schenck's  orders  for  preserving  the  purity 
of  elections  at  the  polls  in  Maryland. 

JAMES  B.  FRY, 
Provost  Marshal  General. 

Major  JEFFRIES,  Acting  Assistant  Provost  Marshal  General, 
Baltimore,  Maryland. 

November  2— Governor  BRADFORD  issued  this 
proclamation  : 

To  the  citizens  of  the  State,  and  more  especially  the  judges  of 
election  : 

A  military  order,  issued  from  the  headquarters  of  the 
"Middle  Department,"  bearing  date  the  27th  ult.,  printed 
and  circulated,  as  it  is  said,  through  the  State,  though  never 
yet  published  here,  and  designed  to  operate  on  the  ap 
proaching  election,  has  just  been  brought  to  my  attention, 
and  is  of  such  a  character  and  issued  under  such  circum 
stances  as  to  demand  notice  at  my  hands. 

This  order  reciting,  "that  there  are  many  evil  disposed 
persons  now  at  large  in  the  State  of  Maryland,  who  have 
beeii  engaged  in  rebellion  against  the  lawful  Government, 
or  have  given  aid  and  comfort,  or  encouragement  to  others 
so  engaged,  or  who  do  not  recognize  their  allegiance  to  the 
United  States,  and  who  may  avail  thcmseh  cs  of  the  indul 
gence  of  the  authority  which  tolerates  then1  presence,  to 
embarrass  the  approaching  election,  or  through  it  to  foist 
enemies  of  the  United  States  into  power,'7  pro  ""ds,  aiuoir^ 
other  things,  to  direct  "all  provost  marshals  an-J  o'hs;r  mil 
itary  officers,  to  arrest  all  such  persons  f'-u-nd  at  or  ha.iigi.n-r 
about,  or  approaching  any  poll  or  place  of  election,  on  ;!;* 
4th  of  November,  1863,  and  report  such  arrest  to  them 
headquarters." 

This  extraordinary  notice  has  not  only  been  issued  with 
out  any  notice  to,  or  consultation  with  the  constituted  au 
thorities  of  the  State,  but  at  a  time  and  under  circumstances 
when  the  condition  of  the  State,  and  the  character  of  the 
candidates  are  such  as  to  preclude  the  idea  that  the  result  of 
that  election  can  in  any  way  endanger  either  the  safety  of 
the  Government,  or  the  peace  of  the  community. 

It  is  a  well  known  fact  that,  with  perhaps  one  single  ex 
ception,  there  is  not  a  congressional  candidate  in  the  State 
whoso  loyalty  is  even  of  a  questionable  character,  and  in 
not  a  county  of  the  State  outside  of  the  same  congressional 
district  is  there,  I  believe,  a  candidate  for  the  Legislature  or 
any  State  office,  whose  loyalty  is  not  equally  undoubted. 
In  the  face  of  this  well  known  condition  of  things,  the 
several  classes  of  persons  above  enumerated  are  not  only 
to  be  arrested  at  but  "approaching  any  poll  or  place  of 
election"  And  who  is  to  judge  whether  voters  thus  on  their 
way  to  the  place  of  voting  have  given  "  aid,  comfort,  or  en 
couragement"  to  persons  engaged  in  the  rebellion,  or  that 
they  "do  not  recognize  their  allegiance  to  the  United 
States,"  and  may  avail  themselves  of  their  presence  at  the 
polls  "  to  foist  enemies  of  the  United  States  into  power?" 
As  I  have  already  said,  in  a  very  largo  majority  of  the 
counties  of  the  State  there  are  not  to  be  found  among  the 
candidates  any  such  "enemies  of  the  United  States,"  but 
the  provost  marshals— created  for  a  very  different  purpose — 
and  the  other  military  officials  who  are  thus  ordered  to 
arrest  approaching  voters  are  necessarily  made  by  the  order 
the  sole  and  exclusive  judges  of  who  fall  within  the  pro 
scribed  category ;  an  extent  of  arbitrary  discretion,  under 
any  circumstances  the  most  odious  and  more  especially 
offensive  and  dangerous  in  view  of  the  known  fact  that  two 
at  least  of  the  five  provost  marshals  of  the  State  are  them 
selves  candidates  for  important  offices,  and  sundry  of  th«ir 
deputies  for  others. 


310 


MILITARY    ORDERS    RESPECTING   ELECTIONS. 


Thip  military  order,  therefore,  is  not  only  without  justifi 
cation  when  looking  to  the  character  of  th«  candidates  be 
fore  the  people,  and  rendered  still  more  obnoxious  by  the 
means  appointed  for  its  execution,  but  is  equally  offensive 
to  the  sensibilities  of  tho  people  themselves  and  tho  au 
thorities  of  the  State,  looking  to  the  repeated  proofs  they 
have  furnished  of  an  unalterable  devotion  to  the  Govern 
ment.  For  more  than  two  years  past  there  has  never  been 
a  time  when,  if  every  traitor  and  every  treasonable  sympa 
thizer  in  the  State  had  voted,  they  could  have  controlled, 
whoever  might  have  been  their  candidates,  a  single  depart 
ment  of  the  State  or  jeopardized  the  success  of  the  General 
Government.  No  State  in  the  Union  has  been  or  is  now 
actuated  by  more  heartfelt  or  unwavering  loyalty  than 
Maryland— a  loyalty  intensified  and  purified  by  the  ordeal 
through  which  it  has  passed;  and  yet  looking  to  what  has 
lately  transpired  elsewhere  and  to  the  terms  and  character 
of  this  military  order,  one  would  think  that  in  Maryland 
and  nowhere  else  is  the  Government  endangered  by  the 
"  many  evil  disposed  persons  that  are  now  at  large." 

Within  less  than  a  month  the  most  important  elections 
have  taken  place  in  two  of  the  largest  States  in  the  Union ; 
in  each  of  them  candidates  were  before  the  people,  charged 
by  the  particular  friends  of  the  Government,  with  being 
hostile  to  its  interests,  and  whose  election  was  deprecated 
as  fraught  with  the  most  dangerous  consequences  to  its  suc 
cess.  One  of  the  most  prominent  of  these  candidates  was 
considered  so  dangerously  inimical  to  the  triumph  of  the 
national  cause,  that  he  has  been  for  months  past  banished 
from  the  country,  and  yet  hundreds  of  thousands  of  voters 
were  allowed  to  approach  the  polls,  and  to  attempt  "to 
foist"  such  men  into  power,  and  no  provost  marshals  or 
other  military  officers  were  order  to  arrest  them  on  the 
way,  or,  so  far  as  we  have  ever  heard,  even  test  their  allegi 
ance  by  an  oath. 

With  these  facts  before  us,  it  is  difficult  to  believe  that 
the  suggestion  that  the  enemies  of  the  United  States  may  be 
foisted  into  power  at  our  coming  election,  was  the  consid 
eration  that  prompted  this  order  ;  but  whatever  may  have 
been  that  motive,  I  feel  it  to  be  my  duty  to  solemnly  pro 
test  against  such  an  intervention  with  the  privileges  of  the 
ballot-box,  nnd  so  offensive  a  discrimination  ugainst  the 
rights  of  a  loyal  State. 

I  avail  myself  of  the  occasion  to  call  to  the  particular  at 
tention  of  the  judges  of  election  the  fact  that  they  are  on 
the  day  of  election  clothed  with  all  the  authority  of  conse  •- 
valors  of  the  peace,  and  may  summon  to  their  Hid  any  of 
the  executive  officers  of  the  county,  and  the  whoie  power 
of  the  county  itself  to  preserve  order  at  the  poll?  and  secure 
the  constitutional  rights  to  voters. 

It  is  also  made  their  -'special  duty  "  to  give  information 
to  the  State's  attorney  for  the  county  of  all  infractions  of 
the  State  laws  on  the  subject  of  elections,  and  by  these 
laws  it  is  forbidden  to  any  "  commissioned  or  non-commis- 
sione'l  officers,  having  command  (.f  any  soldier  or  soldiers 
quartered  or  posted  in  any  district  of  any  county  of  the 
State,  'o  muster  or  embody  any  of  said  troops,  or  march  any 
re"ruiting  party  within  the  view  of  any  place  of  election 
during  the  time  of  holding  S'lid  election." 

I  need  not,  I  am  sure,  remind  them  of  the  terms  of  the 
onth  they  are  required  to  take  before  entering  upon  their 
dutirs.  and  according  to  which  they  swear  "to  perm  it  all  per 
sons  to  vote  who  shall  offer  to  poll  »t  the  election,  Ac.,  who 
in  thir  judgment,  shall,  according  to  the  directions  contained 
in  the  Constitution  and  Liws,  be  entitled  to  poll  at  the  same 
elation,  and  not  permit  any  person  to  poll  at  the  same 
election  who  is  not  in  their  judgment  qualified  to  vote  as 
aforesaid." 

It  is  the  judgment  ofihe  judges  of  election  alone,  founded 
upon  the  provisions  of  the  constitution  and  the  laws  of  the 
Stnt*1,  that  must  determine  the  right  to  vote  of  any  person 
offering  himself  for  tlmt  purpose.  I  trust  and  believe  that 
they  will  form  that  judgment,  and  discharge  their  duty,  as 
their  conscientious  convictions  of  its  requirements,  under 
the  solemn  obligations  they  assume  shall  dictate,  undet 
red  by  an  order  to  provost  marshals  to  report  them  to 
"  heaiiqu  srters." 

Whatever  power  the  State  possesses  shall  be  exerted  to 
protect  them  for  anything  done  in  the  proper  execution  of 
its  laws. 

Since  writing  the  above,  I  have  seen  a  copy  of  the  Presi 
dent's  letter  to  the  chairman  of  the  Union  State  Central 
Comii)ittee,'bearing  the  same  date;  with  the  order,  and  evi 
dently  showing  that  the  order  was  unknown  to  him,  that  it 
would  not  have  been  ajpproved  by  him  if  he  had  known  it, 
and  that  it  is  therefore!  all  the  more  reprehensible. 

A.  W.  BRADFORD 
By  the  Governor: 

WM.  B.  HILL,  Secretary  of  State. 

After  the  above  was  in  print,  at  three  o'clock  this  after 
noon,  I  received  from  the  President  the  following  dispatch : 

"  I  revoke  the  first  of  the  three  propositions  in  General 
Schenck's  General  Order  No.  53,  not  that  it  is  wrong  in 


principle,  but  because  the  military,  being  of  necessity  ex- 
lusive  judges  as  to  who  shall  be  arrested,  the  provision  i» 
liable  to  abuse;  for  the  revoked  part  I  substitute  the  fol- 
"owing :  • 

"That  all  provost  marshals  and  other  military  officers  do 
prevent  all  disturbance  and  violence  at  or  about  the  iK>lls, 
whether  offered  by  such  persons  as  above  described,  or  by 
my  other  person  or  persons  whomsoever ;  the  other  two 
propositions  I  allow  to  stand;  my  letter  at  length  will  reach 
you  to-night.  "A.LINCOLN." 

Whilst  this  modification  revokes  the  authority  of  tho 
provost  marshalsand  military  officers  to  arrest  the  classes  of 
persons  enumerated  in  the  preamble  to  the  order,  "  found 
at  or  hanging  about,  or  approaching  any  poll  or  place  of 
election,"  it  directs  them  to  prevent  all  violence  or  disturb 
ance  about  the  polls,  Ac. 

To  meet  such  disturbances,  the  judges  of  election,  as  I 
have  already  stated,  are  clothed  with  ample  powers,  and  I 
had  received  no  previous  intimation  that  there  was  any 
reason  to  apprehend  a  disturbance  of  any  kind  at  the  polls 
on  the  day  of  election.  In  the  absence  of  any  military  dis 
play,  there  would  certainly  seem  to  be  as  little  cause  for 
such  apprehensions  as  ever  before  existed.  A  preparation 
by  the  Government,  by  military  means,  to  provide  for  such 
a  contingency,  will  be  quite  as  likely  to  provoke  as  to  sub 
due  such  a  disposition.  Not  only  so,  but  the  military  thus 
required  to  prevent  violence  or  disturbance  about  the  polls 
must  necessarily  be  empowered  to  arrest  the  parties  they 
may  charge  with  such  disorder,  and  they  are  still  left  in 
effect  "exclusive  judges  as  to  who  shall  be  arrested" — a 
power  they  may  as  readily  abuse  as  any  other. 

I  regret,  therefore,  that  I  can  perceive  no  such  change  in 
the  general  principles  of  the  order  as  to  induce  me  to  change 
the  aforegoing  proclamation.  A.  W.  BRADFORD. 

BALTIMORE,  Monday  evening,  Nov.  2, 1863. 
Nov.  2 — Tne  PRESIDENT  wrote  this  letter  to 
Governor  Bradford  : 

WAR  DEPARTMENT 
WASHINGTON,  November  2, 1862. 

SIR  :  Yours  of  the  31st  ultimo  was  received  yesterday 
about  noon,  and  since  then  I  have  been  giving  most  earn 
est  attention  to  tho  subject-matter  of  it.  At  my  call 
General  Schenck  has  attended,  and  he  assures  me  it  is  aW 
most  certain  that  violence  will  be  used  at  some  of  the 
voting  places  on  election  day,  unless  prevented  by  his  pro 
vost  guards.  He  says  that  in  some  of  those  places  th» 
Union  voters  will  not  attend  at  all,  or  run  a  ticket,  unless 
they  have  assurance  of  protection.  This  makes  the  Missouri 
case  of  my  action,  in  regard  to  which  you  express  your 
approval. 

The  remaining  point  of  your  letter  is  a  protest  against 
any  person  offering  to  vote  being  put  to  any  test  not  found 
in  the  laws  of  Maryland.  This  brings  us  to  a  difference 
between  Missouri  and  Maryland.  With  the  same  rejuson  in 
both  States,  Missouri  has,  by  law,  provided  a  test  for  tho 
voter  with  reference  to  the  present  rebellion,  while  Mary 
land  has  not.  For  example,  General  Trimble,  captured 
fighting  us  at  Gettysburg,  is,  without  recanting  his  treason, 
a  legal  voter  by  the  laws  of  Maryland.  Even  General 
Schenck's  order  admits  him  to  vote,  if  he  recasts  upon  oath. 
I  think  that  is  cheap  enough.  My  order  in  Missouri,  which 
you  approve,  and  General  Schenck's  order  here,  reach  pre 
cisely  the  same  end.  Each  assures  the  right  of  voting  to 
all  loyal  men,  and  whether  that  man  is  loyal,  each  allows 
that  man  to  fix  by  his  own  oath.  Your  suggestion  that 
nearly  all  the  candidates  are  loyal  I  do  not  think  quite 
meets  the  case.  In  this  struggle  for  the  nation's  life, 
I  cannot  so  confidently  rely  on  those  whose  election  may 
have  depended  upon  disloyal  votes.  Such  men,  when 
elected,  may  prove  true,  but  such  votes  are  given  them  in 
expectation  that  they  will  prove  false.  Nor  do  I  thiuk  that 
to  keep  the  peace  at  the  polls,  and  to  prevent  the  persist 
ently  disloyal  from  voting,  constitutes  just  cause  of  offence 
to  Maryland.  I  think  she  has  her  own  example  for  it.  If  I 
mistake  not,  it  is  precisely  what  General  Dix  did  when  your 
excellency  was  elected  Governor.  I  revoke  the  first  of  tho 
three  propositions  in  General  Schenck's  General  Order  No. 
53,  not  that  it  is  wrong  in  principle,  but  because  the  mili 
tary  being,  of  necessity,  exclusive  judges  as  to  who  shall  be 
arrested,  the  provision  is  liable  to  abuse.  For  the  revoked 
part  I  substitute  the  following : 

That  all  provost  marshals  and  other  military  officers  do 
prevent  all  disturbance  and  violence  at  or  about  the  polls, 
whether  offered  by  such  persons  as  above  described,  or  by 
any  other  person  or  persons  whatsoever. 

The  other  two  propositions  of  tho  order  I  allow  to  sfcirxi. 
General  Schenck  is  fully  determined,  and  has  my  strict 
order  besides,  that  all  loyal  men  may  vote,  and  vote  for 
whom  they  please. 

Your  obedient  servant,  A.  LINCOLN, 

President  of  the  United  State. 
His  Excellency  A.  WT.  BRADFORD, 

Governor  oj'  Maryland. 


MILITARY    ORDERS   RESPECTING   ELECTIONS. 


811 


GENERAL  SCHENCK's  MODIFICATION  OF  THE 
ORDER. 

[Genera!        erejiE°'DQ,;iRTEE8m  MIDDLE  DEPARTMENT, 

EIGHTH  ARMY  COUPS, 
BALTIMORE,  MARYLAND,  November  2, 1863. 
Paragraph  I,  of  General  Orders  No.  53,  from  these  head 
quarters,  is  modified  so  as  to  read  as  follows : 

I  That  all  provost  marshals  and  other  military  officers  do 
prevent  all  disturbance  and  violence  at  or  about,  the  polls, 
whether  offered  by  such  persons  as  above  described,  or  by 
any  other  person,  or  persons,  whomsoever. 
BY  command  of  Major  Genor.J  Schenck  : 

WILLIAM  II.  CIIESEBROUGH, 
Lieutenant  Colonel  and  Assistant  Adjutant  General. 

November  3— General  Schenck  issued  this 
address,  in  reply  to  the  proclamation  of  Gov 
ernor  Bradford : 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 

BALTIMORE,  MD.,  November  3, 1863. 

A  very  extraordinary  proclamation  was  issued  last  even 
ing  by  his  Excellency  A.  W.  Bradford,  Governor  of  Mary- 
laud,  in  relation  to  General  Order  No.  53,  from  these  head 
quarters.  I  will  not  presume,  with  my  knowledge  of  Gov 
ernor  Bradford,  that  that  proclamation  was  designed  to 
produce  collision  between  the  military  power  and  the  citi 
zens  who  may  be  assembled  at  the  polls  to  vote  at  the 
election  to-morrow ;  but  I  cannot  doubt  that  its  obvious 
tendency  is  to  invite  and  suggest  such  disturbance.  When 
that  proclamation  came  to  my  knowledge,  late  last  night, 
I  felt  it  my  duty  to  take  measures  for  restricting,  as  far  as 
possible,  its  circulation  in  those  parts  of  the  State  to  be 
most  affected  by  it,  until  there  could  go  out  with  it  the  letter 
of  tiie  President  of  the  United  States  on  the  subject,  written 
yesterday  to  Governor  Bradford,  a  copy  of  which  I  have  now 
obtained. 

1  will  make,  for  myself,  but  one  or  two  comments  on  the 
proclamation. 

The  intimation  of  the  Governor  that  my  order  might  have 
been  prompted  by  some  other  consideration  than  patriotic 
purpose  or  official  duty,  is  unworthy  of  reply,  and  unworthy 
of  him.  He  knows,  and  the  people  of  Maryland  and  of  this 
military  department  know,  how  single  and  earnest  and 
constant  has  been  my  aim  to  avoid  all  side  influences,  and 
to  keep  in  view,  and  act  steadily  upon,  the  idea  of  maintain 
ing  the  just  authority  of  the  national  Government  against 
disloyalty  in  all  its  forms,  and  for  the  general  good  only. 

It  was'in  this  spirit  that  I.  issued  the  general  order  in 
question.  Its  principal  purpose  is  to  prevent  traitorous 
persons  from  controling,  in  any  degree,  by  their  votes,  or 
taking  part  in  the  coming  election.  The  order  is  not  aimeti 
at  candidates,  either  individually  or  as  a  class,  as  the  Gov 
ernor  would  presume.  Neither  is  it  aimed  at,  nor  can  it  bj 
any  proper  interpretation  in  any  way  interfere  with  the 
rights  of  loyal  voters.  It  is  only  framed  and  intended  to 
exclude  from  a  voice  in  the  election  of  those  who  are  to 
administer  the  affairs  either  of  the  national  Government  or 
of  this  loyal  State  such  individuals  as  are  hostile  to  thai 
Government  of  which  Maryland  is  a  part.  Will  any  gooi 
citi/en  pretend  that  the  exclusion  of  such  persons  is  not  ; 
wise  and  wholesome  protection,  due  to  those  who  adhere  t( 
and  sustain  the  Constitution  and  lawful  authority?  And  i 
is  clearly  not  a  hardship,  to  be  complained  of  by  the  indivi 
dual  challenged  for  such  disqualification,  when  he  is  per 
milted  to  purge  himself  by  his  own  oath  of  allegiance  to  the 
Government,  in  the  management  of  which  he  claims  i 
share. 

Governor  Bradford  himself  cannot  appreciate  more  highlj 
than  I  do,  the  sterling  loyalty  of  the  great  majority  of  tin 
people  of  Maryland,  but  he  must  know,  as  I  do,  that  then 
Htill  remains  at  large,  from  forbearance  of  the  Governmen 
authorities,  a  very  considerable  number  who  are  more  o 
less  actively  engaged  in  aiding  and  encouraging  rebels  in 
wins.  Even  in  his  proclamation  he  t'idmits  the  existenc 
of  cuch  prevailing  disloyalty  in  the  counties  of  at  least  on 
of  the  congressional  districts. 

But  my  general  order  was  only  put  forth  after  the  r< 
ceipt,  through  all  the  last  month,  of  a  great  number  of  let 
ters,  petitions,  and  appeals  in  person,  from  respectable  an< 
loyal  citizens,  throughout  the  southern  part  of  the  Stat 
particularly,  on  both  sides  of  the  bay,  imploring  the  issu 
of  such  an  order.  I  have  only  failed  in  complying  wit 
this  request  by  making  its  provisions  less  stringent  tha 
justice  and  fairness  to  loyal  citizens  seemed  to  them  to  d< 
mand. 

I  will  add  only,  to  show  with  what  anxiety  I  have  sought 
on  this  occasion,  to  secure  peace  and  good  order  at  the  polls 
that  officers  intrusted  with  this  duty  have,  in  every  in 
stance,  been  furnished  with  written  or  printed  instruction* 
of  which  the  following  is  one  clause: 

"  Thu  officers  and  men  are  to  be  cautioned  not  to  commi 


r  permit  any  unlawful  violence.  They  must  not  enter 
nto  political  discussions,  and  are  to  remember,  that  whil* 
rotectiug  the  polls  from  rebel  sympathizers,  they  are  con- 
;:rvators  of  the  poace,  and  are  there  to  support  the  judges 
f  election."  Even  Governor  Bradford  could  scarcely  ob- 
t  to  this.  I  now  repeat  to  the  provost  guards  that  in- 
truction,  and  enjoin  upon  them,  that  while  they  cnfv.rc« 
:ie  observance  of  the  general  order  firmly  and  faithfr.  11  f, 
as  directed,  they  do  it  in  every  respect  discreetly  and  teic- 
erately. 

I  append  copies  of  the  President's  letter,  and  of  the  gen- 
ral  order,  as  modified. 

ROBERT  C.  SCHENCK, 
Major  General  Commanding. 

,IEUTENANT    COLONEL    TEVIS'S    ORDER    AT    CHES- 
TERTOWN. 

HEADQUARTERS  THIRD  MARYLAND  CAVALRY, 

CHESTERTOWN,  November  3, 1863. 

Whereas  the  President  of  the  United  States,  in  reply  to 
,  letter  addressed  to  him  by  Hon.  Thomas  Swann,  of  Balti- 
lore  city,  has  stated  that  all  loyal  qualified  voters  should 
iave  a  right  to  vote,  it  therefore  becomes  every  truly  loyal 
.itizen  to  avail  himself  of  the  present  opportunity  offered 
o  place  himself  honorably  upon  the  record  or  poll-book  nt 
he  approaching  election,  by  giving  a  full  and  ardent  sup- 
)ort  to  the  whole  Government  ticket,  upon  the  platform 
idopted  by  the  Union  League  convention.  None  other  is 
ecognized  by  the  Federal  authorities  as  loyal  or  worthy  of 
he  support  of  any  one  who  desires  the  peace  and  restora- 
ion  of  this  Union. 

CHARLES  CARROLL  TEVIS, 
Lieutenant  Colonel  Commanding. 

This  order  was  at  once  suppressed  by  Gen 
eral  Schenck,  and  Colonel  Tevis  ordered  under 
arrest.  November  6,  he  made  a  statement  of 
action,  and  requested  to  be  released  from 
arrest  and  restored  to  his  command,  which  was 
granted  November  9,  as  stated  in  the  sub- 
oined  order : 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 
BALTIMORE,  MARYLAND,  November  9, 1863. 

The  within  explanation  and  report  having  been  submitted 
with  permission  by  Colonel  Tevis,  under  arrest  and  restored 
to  duty — 

The  general  commanding  remarks  that  Colonel  Tevis  ap 
pears  to  have  acted  himself  in  good  faith  and  from  a  sense 
af  duty,  but  to  have  been  misled  by  the  bad  course  and  in 
structions  of  Captain  Frazier,  provost  marshal  of  the  first 
congressional  district  of  Maryland,  who  framed  the  order 
ssued  by  him,  and  perhaps  also  by  the  mistaken  advice  of 
other  over-zealous  persons.  But  Colonel  Tevis  should  have 
understood  that  the  whole  scope  and  purpose  of  the  General 
Orders  53  and  55,  and  of  accompanying  instructions,  was  to 
prevent  disloyal  persons  from  voting  and  to  suppress  dis 
turbances  at  the  polls.  The  only  test  of  loyalty  prescribed 
was  the  oath  of  allegiance  embodied  in  General  Order  No, 
53.  No  directions  were  given  to  interfere  with  candidates, 
as  such,  nor  with  the  voters  because  of  their  supporting 
any  particular  ticket,  nor  was  any  such  interference  con 
templated  or  intended  to  be  sanctioned  by  the  general  com 
manding.  The  idea  of  a  "Government  ticket"  was  only 
with  Colonel  Tevis  or  the  provost  marshal,  Frazier,  and 
other  indiscreet  or  bad  advisers,  and  was  not  put  forth  from 
these  headquarters.  Colonel  Tevis's  printed  order  was 
therefore  wholly  unauthorized  and  wrong. 

The  general  commanding  directs  that  a  copy  of  this  in 
dorsement  be  furnished  to  Colonel  Tevis,  and  also  that  a 
copy  of  the  same  be  sent,  duly  certified,  to  Major  H.  L. 
Jeffries,  assistant  provost  marshal  general  for  the  States  of 
Maryland  and  Delaware. 

By  command  of  Major  General  Schenck: 

W.  H.  CIIESEBROUGH, 
Lieut.  Col.  and  Assistant  Adjutant  General. 

ELECTION    OF    1864. 

Pending  the  constitutional  convention  elec 
tion  in  Maryland,  April  6,  1864,  Major  General 
Lewis  Wallace  and  Gov.  Bradford  had  a  corres 
pondence  as  to  the  oath  prescribed  by  law  to 
to  be  administered  to  the  delegates  chosen,  arid 
the  power  possessed  by  the  judges  of  election 
to  investigate  and  decide  upon  a  charge  of  dis 
loyalty  as  affecting  the  right  to  vote.  The 
Governor  recited  the  law,  and  the  duties  of 
the  judges,  and  the  penalties  for  non-perform 
ance,  and  expressed  the  opinion  that  the  laws, 


312 


MILITARY   ORDERS    RESPECTING    ELECTIONS, 


if  faithfully  executed,  as  he  hoped  they  would 
be.  would  be  fouud  "  entirely  sufficient  to  ex 
clude  disloyal  voters  from  the  polls." 

Delaware. 

An  act  to  secure  the  freedom  of  elections  in  this  State. 

Whereas  the  Constitution  of  this  State  declares  that  "all 
ei.'ctions  shall  be  free  and  equal,"  and  whereas  the  freedom  ! 
oi'  elections  and  the  free  enjoyment  of  the  right  of  suffrage  I 
according  to   the  Constitution  and  laws  of  the  State  are  | 
essential  to  the  enjoyment  of  public  liberty;  and  whereas, 
evil  disposed  persons  did  cause  armed  soldiers  to  be  brought  , 
into  this  State  and  to  bo  present  at,  different  voting  places  | 
in  the  State  on  the  day  of  the  last  general  election,  and  a  i 
free  election  was  thereby  prevented;   and  whereas,  it  is 
proper  that  a  repetition   of   so  grave  an  offence    agninst  > 
the  peace  and  dignity  of  the  State  shall   be  prevented:  I 
Therefore — 

SECTION  1.  Be  it  enacted,  <fc.,  That  if  any  person,  being  a 
citizen  or  inhabitant  of  this  State,  shall  send  or  cause  to  be 
sent,  bring  or  cause  to  be  brought,  into  this  State,  or  shall 
aid  abet  procure,  advise,  counsel,  or  in  any  manner  assist 
in  st-nding  or  bringing  into  this  State  any  armed  soldier  or 
soldiers  to  be  present  at  any  voting  place  in  this  State,  or 
within  five  miles  thereof,  on  the  day  of  any  general,  special, 
or  other  election  hereafter  to  be  holden  in  this  State,  or 
shall  aid,  abet,  procure,  advise,  counsel,  or  in  any  manner 
assist  the  presence  or  attendance  of  any  armed  soldier  or 
soldiers  at  any  such  voting  place,  or  within  five  miles 
thereof,  on  any  such  election  day,  every  person  so  offending 
shall  be  guilty  of  felony,  and  upon  conviction  thereof  by 
indictment,  shall  forfeit  and  pay  to  the  State  a  fine  not  less 
than  one  thousand  dollars  and  not  more  than  ten  thousand 
dollars,  and  shall  be  imprisoned  for  a  term  not  less  than 
one  nor  more  than  five  years,  and  shall  forever  thereafter 
be  incapable  of  exercising  the  right  of  suffrage  in  this 

SEC  2.  That  if  any  person,  being  a  citizen  or  inhabitant 
of  this  State,  shall  aid,  abet,  procure,  advise,  counsel,  or  in 
any  manner  assist  or  be  guilty  of  military  interference  in 
any  manner  with  the  freedom  of  any  election  in  this  State, 
every  person  so  offending  shall  bo  guilty  of  felony,  and 
upon  conviction  thereof  by  indictment  shall  forfeit  and 
pay  to  the  State  a  fine  of  not  less  than  one  thousand  dol-  j 
lars  nor  more  than  ten  thousand  dollars,  and  shall  be  im-  | 
prisoned  for  a  term  not  less  than  one  nor  more  than  five 
years,  and  shall  forever  thereafter  be  incapable  of  exercis 
ing  the  right  of  suffrage  in  this  State. 

Sr.r.  3.  That  if  any  inspector,  presiding  officer,  or  judge 
of  any  election  in  this  State,  or  any  other  person,  shall  ad 
minister  or  cause  to  be  administered  to  any  legal  voter  in 
this  State,  any  oath  or  affirmation  not  authorized  by  the 
Constitution  nnd  laws  of  this  State  for  that  purpose,  as  a 
pre-requisite  or  condition  of  voting  at  any  election  in  this 
State,  except  when  such  oath  or  affirmation  sh:ill  be  ad 
ministered  in  order  to  satisfy  such  inspector,  presiding  offi 
cer,  or  judge,  that  such  vote  is  a  legal  vote  according  to  the 
Constitution  and  laws  of  this  State,  such  inspector,  presid 
ing  officer,  judge,  or  other  person  so  offending,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by 
indictment  shall,  for  every  such  offence  forfeit  and  pay  to 
the  State  a  fine  of  not  less  than  five  hundred  dollars  and 
aot  more  than  one  thousand  dollars,  and  shall  be  imprisoned 
for  a  term  of  ten  days. 

Passed  at  Dover,  March  25, 1803. 

GENERAL  SCHENCK'S  ORDER. 
HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 

BALTIMORE,  MD.,  November  13,  1863. 
[General  Orders  No.  59.  i 

It  is  known  that  there  are  many  evil  disposed  persons 
now  at  large  in  the  State  of  Delaware,  who  have  been  en 
gaged  in  rebellion  against  the  lawful  Governm  nt,  or  have 
given  aid  or  comfort  or  encouragement  to  others  so  engaged, 
or  who  do  not  recognize  their  allegiance  to  the  United 
States,  and  who  may  avail  themselves  of  the  indulgence  of 
the  authority  which  tolerates  their  presence  to  attempt  to 
take  part  in  or  embarrass  the  approaching  special  election 
in  that  State.  It  is  therefore  ordered : 

I.  That  all  provost  marshals  and  other  military  officers 
do  prevent  nil  disturbance  and  violence  at  or  about  the  polls, 
whether  offered  by  such  persons  as  above  described,  or  by 
any  other  person  or  persons  whomsover. 

II  That  all  proTOsrtnarahala  and  other  military  officer! 
commanding  in  Delaware,  shall  support  the  judges  of  elec 
tion  on  the  19th  of  November,  1863.  in  requiring  an  oath  of 
allegiance  to  the  United  States,  as  a  test  of  citizenship  of 
any  one  whose  vote  m  ly  be  challenged  on  the  ground  that 
ho  is  not  loy«l  or  does  not  admit  his  allegiance  to  the  Uni 
ted  States,  which  oath  shall  be  in  the  following  form  and 
t*rms  : 

I  do  solemnly  swear  ;hat  I  will  support,  protect,  and  de 


fend  the  Constitution  and  Government  of  the  United  ytate« 
against  all  cnemi«>H.  whether  domestic  or  foreign:  that  I 
hereby  pledge  my  allegiance,  faith,  and  loyalty  to  the  same 
any  ordinance,  resolution,  or  law  of  any  State  <  onvention 
or  State  legislature  to  the  contrary  notwithstanding  ;  that 
I  will  at  nil  times  yield  a  hearty  acd  willing  obodien<-e  to 
the  said  Constitution  and  Government,  and  will  not,  direct 
ly  or  indir.  ctly  ,  do  any  act  in  hostility  to  tho  sane,  cither 
by  taking  up  arms  against  them,  or  aiding,  •batting,  nr 
countenancing  those  in  arms  against  them  ;  that,  without 
permission  from  the  lawful  authority,  I  will  have  no  com 
munication,  direct  or  indirect,  with  the  States  in  insurrwv 
tion  against  the  United  States,  or  with  either  of  them,  or 
with  any  person  or  persons  within  said  insurrectionary 
States;  -,>nd  that  I  will  in  all  things  report  myself  as  a  good 
and  loyal  citizen  of  the  United  States.  This  I  do  i  i  good 
faith,  with  full  determination,  pledge,  and  purpose  to  ket-p 
this,  my  sworn  obligation,  and  without  any  mental  reserva 
tion  or  evasion  whatsoever. 

III.  Provost  marshals  and  other  military  officers  are  di 
rected  to  report  to  these  headquarters  any  judge  of  election 
who  shall  refuse  his  aid  in  carrying  out  this  order,  or  who, 
on  challenge  of  a  vote  being  made  on  the  ground  of  dis 
loyalty  or  hostility  to  the  Government,  shall  refuse  to  re 
quire  the  oath  of  allegiance  from  such  voter. 

Bv  command  of  Major  General  Schenck: 

W.  H.  CHESEBROUGH, 
Lieut.  Col.  and  Asst.  Adj.  Gen. 

GOVERNOR  CANNON'S  PROCLAMATION  ON  THE  FOREGOING  OKDEK. 
STATE  OF  DELAWARE,  EXECUTIVE  DEPARTMENT, 

DOVER,  November  13,  1863. 

All  civil  officers  and  good  citizens  of  this  State  are  en 
joined  to  obey  the  above  military  order,  issued  by  the  com 
manding  general  of  the  Middle  department,  and  to  give  all 
needful  aid  for  the  proper  enforcement  of  the  same. 
WILLIAM  CANNON, 
Governor  of  Delaware. 

GENERAL  TYLER'  S  ORDER. 

HEADQUARTERS  DISTRICT  OF  DELAWARE, 

MIDDLE  DEPARTMENT, 
WILMINGTON,  DELAWARE,  Nov.  15,  1863. 

The  following  instructions  have  been  received  from  the 
General  Commanding,  and  will  be  strictly  and  carefully 
observed  by  all  detachments  of  officers  and  soldiers  within 
the  "District  of  Delaware,"  while  carrying  out  the  provis 
ions  of  Department  General  Orders  No.  59,  during  the 
election  to  be  held  on  the  19th  instant  : 

Every  officer  or  non-commissioned  officer  in  command  of 
a  detachment  will  be  held  strictly  accountable  for  tu« 
good  conduct  and  obedience  of  tho  men  in  his  charge. 

Officers  and  soldiers  must  be  strictly  sober,  and,  while 
preventing  disturbance  by  others,  must  avoid  all  distur 
bance  themselves,  and  are  required  not  to  hang  around  the 
polls,  or  engage  in  political  discussions. 

It  will  be  borne  in  mind  that  the  whole  object  of  the 
order  of  the  Commanding  General  is  to  preserve  peace  at 
the  places  of  voting,  to  sustain  the  judges  or  inspectors  of 
election,  to  protect  loyal  voters,  and  to  prevent  from  voting 
disloyal  and  traitorously  disposed  persons,  who  refuse  to 
take'the  oath  of  allegiance. 

In  enforcing  Paragraph  I,  of  the  General  Order,  to  pro- 
vent  violence  and  disturbance  at  the  polls,  care  will  be 
taken  that  disloyal  citizens  of  other  States  do  not,  as  it  la 
apprehended  they  will  attempt  to  do,  intrude  themselves  at 
the  places  of  voting,  and  endeavor  to  intimidate  the  lawful 
and  loyal  voters  of  Delaware. 


Brigadier  General  Commanding. 

Kentucky. 

1863,  March  11  —  The  Legislature  passed  this 
bill  by  a  two-thirds  vote  over  the  veto  of  Gov 
ernor  Magoffin  : 

An  act  to  amend  chapter  15  of  the  Revised  Statutes,  entitled 
"Citizens,  expatriation,  and  aliens." 

SEC.  1.  Be  it  enacted,  <£c.,  That  any  citizen  of  this  State 
who  shall  enter  into  the  service  of  the  so-called  Confederate 
States,  in  either  a  civil  or  military  capacity,  or  enter  into 
the  service  of  the  so-called  provisional  government  of  Ken 
tucky  in  either  a  civil  or  military  capacity,  or,  having  here 
tofore  entered  such  service  of  either  the  Confederate  States 
or  provisional  government,  shall  continue  in  such  service 
after  this  act  takes  effect,  or  shall  take  up  and  continue  in 
arms  against  the  military  forces  of  the  United  States  or  the 
State  of  Kentucky,  or  shall  give  voluntary  aid  and  assist 
ance  to  those  in  arms  against  said  forces,  shall  be  deemed 
to  have  expatriated  himself,  and  shall  no  longer  be  a  citizen 
of  Kentucky,  nor  shall  he  again  be  a  citizen,  except  by  pe»» 
mission  of  the  Legislature  by  a  general  or  special  statute 


MILITARY    ORDERS.  RESPECTING    ELECTIONS. 


313 


SEC.  2.  That  whenever  a  person  attempts  or  is  called  on  t( 
exorcise  any  of  the  constitutional  or  logal  rights  andprivi 
leges  belonging  only  to  citi/.ens  of  Kentucky,  lie  may  b<.»  re- 

Suired  to  negative  on  oath  the  expatriation  provided  in  the 
rst  section  of  this  act,  and  uprn  his  failure  or  refusal  to  do 
eo,  shall  not  be  permitted  to  exercise  any  such  right  or  priv 
ilepe. 

SEC.  3.  This  act  to  be  of  force  in  thirty  days  from  and  after 
it*  passage. 

1863,  July  10 — Governor  J.  F.  Robinson 
issued  this  proclamation  : 

COMMONWEALTH  OF  KENTUCKY. 

Ej-tcidirf,  Department. 

For  the  information  and  guidance  of  all  officers  at  the 
approaching  election.  I  have  caused  to  be  herewith  pub 
lished  an  act  of  the  Legislature  of  Kentucky  entitled  "An 
act  to  amend  chapter  15  of  the  Revised  Statutes,  entitled 
'  Citizens,  expatriation,  and  aliens.' "  The  strict  observance 
and  enforcement  of  this  and  all  other  laws  of  this  State  reg 
ulating  elections  are  earnestly  enjoined  and  required  as 
being  alike  due  to  a  faithful  discharge  of  duty,  to  the  purity 
of  the  elective  franchise,  and  to  the  sovereign  will  of  the 
people  of  Kentucky  expressed  through  their  Legislature. 

Given  under  my  hand  as  Governor  of  Kentucky,  at 
Frankfort,  this  10th  day  of  July,  18G3,  and  in  the  seventy- 
second  year  of  the  Commonwealth. 

J.  F.  ROBINSON. 
By  the  Governor : 

D.  C.  WICKLIFFE,  Secretary  of  State. 

July  31 — General  Burnside  issued  this  order: 

HEADQUARTERS  DEPARTMENT  OF  THE  OHIO, 

CINCINNATI,  OHIO,  July  31, 1863. 
(General  Orders  No.  120.] 

Whereas  the  State  of  Kentucky  is  invaded  by  a  rebel 
force  with  the  avowed  intention  of  overawing  the  judges  oi 
«lcctions,  of  intimidating  the  loyal  voters,  keeping  them 
from  the  polls,  and  forcing  the  election  of  disloyal  candi 
dates  at  the  election  on  the  3d  of  August;  and  whereas  the 
military  power  of  the  Government  is  the  only  force  that 
can  defeat  this  attempt,  the  State  of  Kentucky  is  hereby 
declared  under  martial  law,  and  all  military  officers  are 
commanded  to  aid  the  constituted  authorities  of  the  State 
in  support  of  the  laws  and  of  the  purity  of  suffrage  as  de 
fined  in  the  late  proclamation  of  his  Excellency  Governor 
Robinson. 

As  it  is  not  the  intention  of  the  commanding  general  to 
interfere  with  the  proper  expression  of  public  opinion,  all 
discretion  in  the  conduct  of  the  election  will  be,  as  usual, 
in  the  hands  of  the  legally  appointed  judges  at  the  polls, 
who  will  be  held  strictly  responsible  that  no  disloyal  person 
be  allowed  to  vote,  and  to  this  end  the  military  power  is  or 
dered  to  (jive  llicm  its  utmost  support. 

The  civil  authority,  civil  courts,  and  business,  will  not  be 
suspended  by  this  order.  It  is  for  the  purpose  only  of  pro 
tecting,  if  necessary,  the  rights  of  loyal  citizens  and  the 
freedom  of  election. 

By  command  of  Major  General  Burnside : 

LEWIS  RICHMOND, 
Assistant  Adjutant  General. 

LIEUT.  COLONEL  THOS.  JOHNSON'S  ORDER. 

HEADQUARTERS  UNITED  STATES  FORCES, 
SlOTnXAND,  KY.,  July  16,  1863. 

The  county  court  judges  of  the  counties  of  Trigg,  Cald- 
well,  Lyon,  Crittenden,  and  Livingston,  are  hereby  direct 
ed,  in  appoint  ing  judges  and  clerks  for  conducting  the  State 
elections  in  August  next,  to  observe  strictly  the  laws  of 
Kentucky,  which  require  that  such  judges  and  clerks  shall 
be  unconditional  Union  men. 

Judges  and  clerks  so  appointed  are  hereby  directed  not 
to  place  the  name  of  any  person  on  the  poll-books  to  be 
roted  for  at  the  said  election  who  is  not  a  Union  man.  or 
who  may  be  opposed  to  furnishing  men  and  money  for  a 
vigorous  prosecution  of  (he  war  against  the  rebellion  against 
the  United  States  Government.  The  judges  and  clerks  are 
further  directed  to  permit  no  person  to  vote  at  said  elec 
tion  without  taking  the  oath  required  by  the  laws  of  Ken 
tucky,  unless  said  person  so  presenting  himself  to  vote  is 
personally  known  to  the  judges  to  be  a  Union  man. 

Any  person  violating  this  order  will  be  reg.irded  as  an 
enemy  t.>  the  Government  of  the  United  States,  and  will  be 
arrested  and  punished  accordingly. 

By  order  of  THOMAS  JOLIXSOX, 

Lieutenant  Colonel  Commanding. 
The  oath  prescribed  by  Lieutenant  Colonel 
Johnson,  to   be  taken  by  the  voters,  is  in  sub 
stance  similar  to  the  oath  attached  to  the  proc 
lamation  of  General  Shackleford. 


MAJOR  GENERAL  HUHLBUT's  ORDER. 

HEADQUARTERS  SIXTEENTH  ARMY  CORP?, 

MEMPHIS,  TENN.,  July,  1863. 

I.  In  so  much  of  the  State  of  Kentucky  as  is  within  th« 
district  of  Columbus,  it  is  ordered — 

1.  That  no  person  b  '  permitted  to  be  a  candidate  for  office 
who  is  not  avowedly  and  unconditionally  for  the  Union  and 
the  suppression  of  the  rebellion. 

2.  That  no  person  shall  exercise  the  privilege  of  an  elec 
tor  and  vote  at  the  said  elections  who  is  not  avowedly  and 
unconditionally  for  the  Union  and  the  suppression  of  the 
rebellion. 

3.  The  military  authorities  in  said  district  of  Columbus 
will  see  to  it  that  this  order  be  carried  out.    Judges  of  elec 
tion  will  be  governed  by  the  principles  herein  set  ;brth,and 
will  demand  evidence  upon  oaths  in  such  cases  as  muy  be 
in  doubt,  and  allow  no  person  to  exercise  the  franchise  of 
voting  who  does  not  take  tho  oath  required. 

By  order  of  Major  General  S.  A.  Ilurlbut : 

HENRY  D1NMORE, 
Assistant  Adjutant  General. 

BRIGADIER    GENERAL    ASBOTH's    ORDER. 

HEADQUARTERS  DISTRICT  OF  COLUMBUS, 
SIXTH  DIVISION,  SIXTEENTH  ARMY  CORPS, 

COLUMBUS,  KENTUCKY,  July  15, 1863. 
The  above  orders  of  the  general  commanding  corps  are 
communicated  to  the  civil  and  military  authorities  for  thoir 
information.      Military  officers  making  arrests  for  violation 
of  these  orders  will  bo  governed  by  the  circular  from  office 
of  Commissary  General   of  Prisoners,  dated  Washington- 
May  11, 1863. 
By  order  of  Brigadier  General  Asboth : 

T.  H.  HARRIS, 
Assistant  Adjutant  General. 

BRIGADIER    GENERAL    ASBOTH\S    ORDER. 

DISTRICT  OF  COLUMBUS, 

HEADQUARTERS  SIXTH  DIVISION,  SIXTEENTH  ARMY  CORPS 
COLUMBUS,  KY.,  July  29. 1SG3. 

That  no  further  doubt  may  exist  as  to  the  intent  and 
meaning  of  Special  Orders  No.  159,  dated  Headquarters 
Sixteenth  Army  Corps,  July  14,  18G3,  it  is  ordered  that  no 
person  shall  be  permitted  to  be  voted  for,  or  be  a  candidate 
for  office,  who  has  been  or  is  now  under  arrest  or  bonds, 
by  proper  authority,  for  uttering  disloyal  language  or  sen 
timents. 

County  judges  within  this  district  are  hereby  ordered  to 
appoint,  as  judges  and  clerks  of  the  ensuing  August  elec 
tion,  only  such  persons  as  are  civowedly  and  unconditionally 
for  the  Union  and  the  suppression  of  the  rebellion,  and  are 
further  ordered  to  revoke  and  recall  any  appointment  of 
judges  and  clerks  already  made  who  aro  not  such  loyal 
persons. 

Judges  and  clerks  of  elections  are  h<-r«-by  ordered  not  to 
place  the  name  of  any  person  upon  the  p-ill-bnoks,  to  be 
voted  for  at  said  election,  who  is  not  avcuvdly  and  uncon 
ditionally  for  the  Union  and  the  suppression « >f  the  rebellion, 
or  who  may  be  opposed  to  furnishing  men  and  money  for 
the  suppression  of  the  rebellion. 

The  following  oath  is  prescribed  and  will  be  administered 
by  judges  of  elections  to  voters  and  to  such  candidates  as 
reside  within  tho  district: 

I  do  solemnly  swear  that  I  have  never  entered  the  ser 
vice  of  tho  so-called  Confederate  States ;  that  I  have  not 
been  engaged  in  the  service  of  the  so-called  '  provisional 
government  of  Kentucky,'  either  in  a  civil  or  military  ca 
pacity;  that  I  have  never,  either  directly  or  indirectly, 

led  the  rebellion  against  the  Government  of  the  United 
States  or  the  State  of  Kentucky;  that  I  am  unconditionally 
for  the  Union  and  the  suppression  of  the  rebellion,  and  am 
willing  to  furnish  men  and  money  for  the  vigorous  prose 
cution  of  the  war  against  the  rebellious  league  known  as 
;he  '  Confederate  States ;'  so  help  me  God." 

Any  voter,  judge,  or  clerk  of  electio  a.  or  other  person, 
who  may  evade,  neglect,  or  refuse  compliance  with  the  pro- 
isions  of  this  order  will  be  arrested  and  se'.it  before  a  mili 
tary  commission  as  soon  as  the  facts  are  substantiated. 

By  order  of  Brigadier  General  Asboih  : 

T.  H.HARRIS, 
Assistant  Adjutant  General. 

BRIGADIER  GENERAL  SHAOKLEFORD's  ORDER. 

HEADQUARTERS  FIRST  BRIGADE, 
SECOND  DIVISION,  TWENTY-THIRD  AI:MY  CORPS, 

RUSSKLLVILLE,  KY.,  July  30,  1863. 

In  order  that  the  proclamation  of  the  Governor  and  the 
aws  of  the  State  of  Kentucky  may  be  observed  and  en- 
breed,  post  commandants  ard  officers  of  this  command  will 
ee  that  the  following  regulations  are  strictly  complied  wi  th 
t  the  approaching  State  election  : 

None  but  loyal  citizens  will  act  as  officers  of  the  election. 
No  one  will  be  allowed  to  offer  himself  as  a  candidate  for 


314 


MILITARY    ORDERS   RESPECTING    ELECTIONS. 


office,  or  be  voted  for  at  said  election,  who  is  not  in  all  |  Government  that  all  qualified  voters  shall  be  allowed,  with 


things  loyal  to  the  State  »nd  Federal  Government,  and  in 
favor  of  a  vigorous  prosecution  of  the  war  for  the  suppres 
sion  of  the  rebellion. 

Tlie  judges  of  election  will  allow  no  one  to  vote  at  said 
election  unless  he  is  known  to  them  to  be  an  undoubtedly 
loyal  citizen,  or  unless  lie  shall  fir8t  take  the  oath  required 
oy  the  laws  of  the  State  of  Kentucky. 

No  disloyal  man  will  oiler  himself  as  a  candidate,  or  at 
tempt  t->  vote,  except  for  treasonable  purposes ;  and  all  such 
efforts  will  be  summarily  suppressed  by  the  military  au 
thorities. 

All  necessary  protection  will  be  supplied  and  guaranteed 
at  the  polls  to  Union  men  by  all  the  military  force  within 
this  command. 

By  order  of  Brigadier  General  J.  M    Shackl^ford,  com 
manding:  J.  K.  HUFFMAN, 
Assistant  Adjutant  General. 

Colonel  John  W.  Foster,  of  the  sixty-fifth  In- 
diania  regiment,  commanding  post  at  Hender 
son,  Kentucky,  issued  an   order  similar  to  the 
above  order  of  General  Shaekleford. 
COLONEL  MDNDY'S  ORDER. 

All  loyal  citizens,  who  have  not  forfeited  their  citizen 
ship,  can  safely  and  quietly  cast  their  votes  for  the  candi 
dates  of  their  choice;  but  all  who  have  forfeited  their  right 
of  citizenship,  under  the  provisions  of  the  act  of  Assembly, 
who  shall  present  themselves  at  the  polls  and  fraudulently 
attempt  to  vote,  will  be  immediately  arrested  by  the  guard 
detailed  for  that  purpose  at  such  precinct,  and  confined  in 
the  military  prison. 

Missouri. 

1862,  June  12 — The  convention  of  Missouri 
adopted  this  ordinance : 
SEC.  1.  No  person  shall  vote  at  any  election  to  be  here 


out  molestation  of  any  kind,  to  cast  theii   votes  as  they 
please. 

II.  It  is  required  of  all  officers  and  men  of  the  enrolled- 
militia  that  they  ke*-p  perfect  order  at  the  polls  on  the  day 
of  election,  and  that  they  see  that  no  person  is  either  kept 
from  the  polls  by  intimidation  or  in  any  way  interfered 
with  in  voting  at  the  polls  for  whatever  candidate  he  may 
choos». 

III.  If  any  officer  or  private  shall  either  interfere  with 
the  rights  of  voters,  or  countenance  such  interference   by 
others,  it  will  be  treated  as  a  high  military  offence,  and 
punished  with  the  utmost  rigor. 

IV.  Whenever  there  is  any  reason  to  apprehend  any  in 
terference  with  the  election  on  the  part  of  bands  of  guerril 
las,  the  commanding  officer  of  the  nearest  regiment  will 
detail  a  sufficient  force  to  prevent  any  such  interference, 
and  station  it  where  there  is  apprehended  danger. 

V.  In  case  of  disturbance  arising  which  cannot  be  arrested 
by  the  civil  authorities,  any  commissioned  officer  present  i» 
hereby  ordered,  at  the  request  of  any  judge,  sheriff,  or  justice 
of  the  peace,  to  use  the  necessary  military  force  to  suppresa 
it. 

VI.  Commanding  officers  of  the  enrolled  Missouri  militia 
are  hereby  directed  to  see  that  the  foregoing  orders  ar» 
strictly  obeyed. 

By  order  of  the  commander-in-chief: 

WILLIAM  D.  WOOD, 
Acting  Adjutant  General  Missouri 

BRIGADIER    GENERAL    HALL'S    ORDER. 

HEADQUARTERS  SEVENTH  MILITARY  D;STRIOT, 

ST.  JOSEPH,  MISSOURI,  November  1, 1862. 
[General  Orders,  No.  33.1 

The  attention  of  all  officers  and  soldiers  of  the  militia  of 
this  district  is  called  to  General  Order  No.  45.  dated  "  Head 
quarters  State  of  Missouri,  Adjutant  General's  office,  St. 
Louis,  October  23, 1S6J."  with  reference  to  the  election  on 
Tuesday  next.  The  military  should  bear  in  mind  that  they 
are  not  the  judges  of  the  qualifications  of  voters.  That  duty 
is  devolved  by  law  on  the  judge  of  the  election.  If  tho.se 


after  held  in  this  State,  under  or  in  pursuance  of  the  con-  [  Offici.rs  either  admit  improper  persons  to  vote,  or  exclnde 
etitution  and  laws  thereof,  whether  State,  county,  township,  j  proper  po,rsoiis  from  voting,  the  statutes  of  this  State  pro- 
or  municipal,  who  shall  not,  in  addition  to  possessing  the  i  vici0  an  anipic  remedy.  The  militia  will  carefully  abstain 
qualifications  already  prescribed  for  electors,  previously  !  from  an  uc(.s  calculated  to  interfere  with  the  freedom  of 

election.  All  officers  who  interfere  with  the  rights  of  voters 
will  be  reported  to  the  commander-in-chief,  to  be  dealt  with 
as  he  may  decide.  All  soldiers  guilty  of  the  same  offence 


take  an  oath  in  form  as  follows,  namely  :  "  I, 


,  do  sol 


emnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  sup 
port,  protect,  and   defend  the  Constitution  of  the  United 


States  and  the  constitution  of  the  State  of  Missouri  against 
all  enemies  and  opposers  whether  domestic  or  foreign ;  that 
1  will  bear  true  faith,  loyalty,  and  allegiance  to  the  United 
States,  and  will  not,  directly  or  indirectly,  give  aid  and 
comfort,  or  countenance,  to  the  enemies  or  opposers  thereof, 
or  of  fli"  provisional  government  of  the  State  of  Missouri,  |  MAJOR  GENERAL  SCHOFIELD  S  ORDERS  OF  1863 


will  be  punished  as  a  court-martial  shall  determine. 
By  order  of  Brigadier  General  Willard  P.  Hall: 

EL-WOOD  KIRBY, 
Assistant  Adjutant  General. 


any  ordinance,  law,  or  resolution  of  any  State  convention 
or  Legislature,  or  of  any  order  or  organization,  secret  or 
otherwise,  to  the  contrary  notwithstanding;  and  that  I  do 
this  with  a  full  and  honest  determination,  pledge,  and  pur 
pose.  faithfully  to  keep  and  perform  the  same,  without 
any  'mental  reservation  or  evasion  whatever.  And  I  do 
further  solemnly  swear  (or  affirm)  that  I  have  not,  since  the 


HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 

ST.  Louis,  MISSOURI,  &pteinl>er  2S,  1863. 
[General  Orders  No.  101.] 


The  right  of  the  people  to  peaceably  assemble  for  all  law> 
ful  purposes,  and  the  right  to  freely  express  their  will  at 
the  polls  according  to  law,  are  essential  to  civil  liberty. 


No  interference  with  these  rights,  either  by  violence, 


»»j»-iasra^A2»2?2';S".'JLi=  •ajSEH^-E-sa.aiHi* 


r  levied  war  against  the  United  States,  or  against  the  pro 
visional  government  of  the  State  of  Missouri  :  So  help  me 
God." 


Any  commissioned  officer  who  shall  incite  or  encourage 
any  interference  with  any  lawful  assemblage  of  the  pcuple, 


or  who  shall  fail  to  do  his  utmost  to  prevent  such  inter 
ference,  shall  be  dismissed  the  service;  and  any  officer, 
soldier,  or  civilian,  who  shall,  by  violence,  threats,  or  other 
wise,  actually  interfere  with  any  such  lawful  assemblage  of 
the  people,  shall  be  punished  by  imprisonment  or  other 
wise,  at  the  discretion  of  a  court-martial  or  military  com 
mission. 

Any  officer,  soldier,  or  civilian,  who  shall  attempt  to  in 
timidate  any  qualified  voter  in  the  exercise  of  his  right  to 
vote,  or  who  shall  attempt  to  prevent  any  qualified  voter 


CONGRESSIONAL  ELECTION  OF   18G2. 

[General  Orders  No.  45.] 

HEADQUARTERS  STATE  OF  MISSOURI, 
ADJUTANT  GENERAL'S  OFFICE, 

ST.  Loui?1,  October  23,  1S62. 

I.  A  general  election  is  to  take  place  throughout  the 
State  the  first  Tuesday  in  November  next. 

This  is  the  first  attempt  of  the  people  to  choose  their  offi 
cers  since  the  war  of  the  rebellion  commenced.  It  will  bo 
an  occasion  when  angry  passions,  excited  by  thi.s  war,  might 
produce  strife,  and  prevent  the  full  expression  of  the  popu-  ,  .  military  commis-  km. 

fe±M5±r5  <—«  r  nr,  3KS*rtsi2aass  ^ 

SZttttlSStttS'ffyZSEfSZ    ^UJU  no, .  h, >,„  B.vu,,  a.  «U  .  ,o  oBc,n  an* 

State  or  county  office,  unless  ho  shall  have  taken  an  oath 
prescribed  for  candidates.  The  ordinance  of  the  convention 
fixes  heavy  penalties  upon  those  who  take  the  oath  falsely. 
These  are/the  safeguards  which  the  convention  has  judged 
necessary  to  keep  unfaithful  and  disloyal  persons  from  ex 
ercising  power  in  the  State.  They  are  sufficient.  No  per 
son  must  be  allowed  to  interfere  with  the  freedom  of  those 


soldieib  in  active  service. 

By  command  of  Major  General  Schofield  : 

0.  W.  MARSH, 
Assistant  Adjutant  General. 

HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 
ST.  Louis,  October  20, 1863. 


[General  Orders  No.  120.] 


Judges  of  elections  of  the  various  precincts  in  Missouri 
e  notified  that  they  will  be  held  responsible  that  at  the 


qualified  to  vote  under  tiii.s  ordinance. 

The  enrolled  militia  being  citizens  of  the  State,  and  very 

i-earlv  all  entitled  by  age  to  vote,  will  doubtless  be  gener-    — - .,  . 

*lly  at  places  of  voting.     They  are  a  body  organized  for  the  j  election  on  the  3d  of  November  next,  those  P^ons,   "n  d 

pin  nose  of  preventing  violations  of  the  law  ot  the  State,  and  j  only  those,  be  permitted  to  vote  who  are  entit 

they  all  know  that  it  is  essential  to  the  maintenance  of  our  |  by  the  laws  of  the  State ;  and  especially  that  the  ordinance 


MILITARY    ORDERS   RESPECTING   ELECTIONS. 


315 


of  the  State  convention,  adopted  June  10,  1862,  and  pub 
lish'  d  herewith,  lie  enforced  in  every  case. 

It  is  the  duty  of  judges  of  election  at  each  precinct  in  th« 
State  to  see  that  every  person  qualified  by  the  constitution 
and  laws  of  the  State  shall  be  permitted  to  exercise  the 
elective  franchise  without  let  or  hindrance;  and  it  is  cqualy 
their  duty  to  see  that  those  who  are  not  qualified  under  the 
constitution  and  laws,  or  who  refuse  to  qualify  according  to 
the  terms  of  the  annexed  ordinance,  shall  not  be  allowed 
to  vote;  and  any  action  on  their  part  excluding  qualified 
voters  from  the  polls,  or  admitting  those  who  are  not  quali 
fied  as  stated,  will  be  punished  as  a  military  offence. 

Any  person  who  has  borne  arms  against  the  Government 
of  the  United  States,  or  voluntarily  given  aid  and  comfort 
to  its  enemies  during  the  present  rebellion,  and  who  shall 
presume  to  act  as  judge  or  clerk  at  said  election,  and  any 
county  judge  who  shall  knowingly  appoint  any  such  per 
son  as  above  described  to  act  as  judge  at  said  election,  will 
bo  deemed  guilty  of  violation  of  military  orders,  and  upon 
conviction  thereof,  will  be  punished  accordingly. 

In  those  parts  of  the  State  where  there  is  danger  of  in 
terference  by  guerrilla  bands,  or  by  combinations  of  persons 
intended  to  overawe  or  intimidate  legal  voters,  district 
commanders  will  so  dispose  their  troops  as  will  most  cer 
tainly  prevent  such  interference. 

Where  no  such  protection  may  be  deemed  necessary,  all 
troops  will  absent  themselves  from  the  polls  entirely ;  and 
in  all  cases  when  ordered  by  the  district  commanders  to  be 
present,  their  action  will  be  strictly  confined  to  the  sup 
pression  of  violence  and  removing  the  interference  above 
named,  to  the  end  that  the  laws  may  be  enforced  and  the 
purity  of  the  ballot-box  maintained.  Under  the  pretext  of 
guarding  against  violence  tit  the  polls,  no  officer  or  soldier 
will  be  permitted  to  interfere  with  the  peaceful  and  legal 
expression  of  public  sentiment,  and  no  officer  will  be  ex 
cused  for  a  willful  failure  to  remove  any  interference  in 
tended  to  prevent  such  expression. 

District  commanders  will  designate,  on  the  day  previous 
to  the  election,  those  counties  in  their  respective  districts 
in  which  such  protection  may  be  deemed  necessary,  and 
cause  their  troops  to  be  disposed  accordingly. 

Any  willful  violation  of  this  order  will  be  promptly  pun- 
fehcd  as  a  military  offence. 

Missouri  troops  will  vote  at  the  company  polls,  opened 
for  that  purpose  at  the  headquarters  of  their  posts,  camps, 
or  detachments,  in  accordance  with  the  ordinance  of  the 
State  convention,  passed  June  12,  1862,  and  at  no  other 
place. 

Special  attention  is  directed  to  General  Orders  No.  101 
from  these  headquarters,  dated  September  28,  1863,  and  its 
observance  strictly  enjoined  upon  all  in  Missouri. 

By  command  of  Major  General  Schofield : 

0.  I).  GREENE, 
Assistant  Adjutant  General. 

Orders  Respecting  Impressments  of 
Property. 

MAJOR  GENERAL  HARTSUFP'S  ORDER. 

HEADQUARTERS  TWENTY-THIRD  ARMY  CORPS, 

LEXINGTON,  KENTUCKY,  July  24,  1863. 

For  the  information  and  guidance  of  officers  in  impressing 
property,  it  is  hereby  directed  that,  whenever  its  impress 
ment  may  become  necessary  for  the  troops  of  the  twenty- 
third  army  corps,  it  will  be  taken  exclusively  from  rebels 
and  rebel  sympathizers;  and  so  long  as  the  property  needed 
is  to  be  found  belonging  or  pertaining  to  either  of  the 
above-named  classes,  no  man  of  undoubted  loyalty  will  be 
molested. 

Among  rebel  sympathizers  will  be  classed  those  persons 
in  Kentucky,  nominally  Union  men.  but  opposed  to  the 
Government  and  to  the  prosecution  of  the  war,  whose  acts 
and  words  alike  hinder  the  speedy  and  proper  termination 
of  the  rebellion. 

Property  will  only  be  taken  by  the  proper  staff  officers, 
who  will  in  every  case  give  receipts  for  it.  Appropriate 
blank  receipts  will  be  furnished  by  the  chief  commissary 
and  chief  quartermaster  at  these  headquarters. 

By  command  of  Major  General  Hartsuff : 

GEORGE  B.  DRAKE,  A.  A.  G. 

BRIGADIER    GENERAL    BOYLE'S    ORDER. 

HEADQUARTERS  DISTRICT  OF  KENTUCKY, 

LOUISVILLE,  July  25, 1863. 

By  authority  of  the  general  commanding  the  department, 
the  following  general  order  is  made: 

1.  It  is  ordered  that  no  forage  or  other  property  belong 
ing  to  loyal  citi/ens  in  the  State  of  Kentucky  be  seized  or 
impressed  except  in  cases  of  absolute  necessity,  and  then 
only  on  the  written  authority  from  the  headquarters  of  the 
twenty-third  army  corps  or  from  these  headquarters. 

2.  Whenever  it  becomes  necessary  to  sei/.e  or  impress 
prirate  property  for  military  purposes,  the  property  of  sym 


pathizers  with  the  rebellion  and  of  those  opposed  to  fur 
nishing  any  more  men  or  any  more  money  to  maintain  the 
Federal  Government  and  suppress  the  rebellion  will  be  first 
seized  and  impressed. 

3.  The  nogroes  of  loyal  citizens  will  not  be  impressed  r>n 
the  public   works  and   military  roads  unless  absolutely 
necessary.    The  negroes  of  citizens  who  are  for  no  more 
men  and  no  more  money  to  suppress  the  rebellion,  and  t he- 
supporters,  aiders,  and  abettors  of  such,  will  be  first  im 
pressed,  and  officers  detailed  for  this  purpose  are  required 
strictly  to  observe  this  order  in  the  execution  of  their  duties. 

4.  All  horses  of  the  enemy  captured  or  subject  to  capture 
will  be  taken  possession  of  by  quartermasters  and  reported 
to  Captain  Jenkins,  chief  quartermaster,  Louisville,  who  is 
ordered  to  allow  loyal  citizens  to  retain  horses  to  supply 
the  places  of  those  stolen  by  the  enemy ;  but  disloyal  per 
sons  mentioned  in  paragraphs  two  and  three,  who  encourage 
raids  by  the  enemy,  will  not  in  any  case  be  allowed  to  re 
tain  captured  horses  or  horses  justly  subject  to  capture. 

5.  For  all  property  seized  or  impressed  proper  and  regular 
vouchers  will  bo  given,  with  indorsement  as  to  the  loyalty 
or  disloyalty  of  the  owners  of  the  property. 

By  order  of  Brigadier  General  Boyle : 

A.  C.  SEMPLE,  A.  A.  G. 


Action  of  Congress. 
First  Session,  Thirty-Eighth  Congress. 

TO    PREVENT    OFFICERS    OF    THE  ARMY    AND    NAVT 
FROM  INTERFERING  IN  ELECTIONS. 

IN  SENATE. 

1864,  January  5 — Mr.  POWELL  brought  in  a 
bill  to  prevent  officers  of  the  army  and  navy, 
and  other  persons  engaged  in  the  military  ser 
vice,  from  interfering  in  elections  in  the  States  ; 
which  was  ordered  to  be  printed. 

January  6 — Mr.  POWELL  moved  it  be  referred 
to  the  Committee  on  the  Judiciary  ;  which  was 
lost — yeas  16,  (Messrs.  Buckalew,  Carlile,  Cowan, 
Davis,  Harding,  Hendricks,  Hicks,  Johnson, 
Lane  of  Indiana,  Nesmith,  Powell,  Saulsbury, 
Sherman,  Sprague,  Van  Winkle.  Willev,)  nays 
21.  It  was  then  referred  to  the  Military  Com 
mittee. 

January  16 — The  Senate  adopted  this  reso 
lution  : 

Resolved,  That  the  Secretary  of  War  be  directed  to  trans 
mit  to  the  Senate  all  orders  or  proclamations,  in  his  depart 
ment,  concerning  elections  issued  by  military  authority  in 
the  States  of  Kentucky,  Missouri,  Maryland,  and  Delaware. 

February  12 — Mr.  HOWARD,  of  Michigan, 
made  an  adverse  report  upon  the  bill. 

June  22 — The  bill  was  amended  so  as  to  read 
as  follows  : 

Be  it  enacted,  <&c.,  That  it  shall  not  be  lawful  for  any  mil 
itary  officer  of  the  United  States,  or  any  person  engaged  in 
the  civil,  military,  or  naval  service  of  the  United  States,  to 
order,  bring,  keep,  or  have  under  his  authority  or  control, 
any  troops  or  armed  men  within  one  mile  of  the  place  where 
any  general  or  special  election  is  held  in  any  State  of  the 
United  States  of  America,  unless  it  shall  be  necessary  to 
repel  the  armed  enemies  of  the  United  States  or  to  keep  the 
peace  at  the  polls.  And  that  it  shall  not  be  lawful  for  any 
officer  of  the  army  or  navy  of  the  United  States  to  prescribe 
or  fix,  or  attempt  to  prescribe  or  fix,  by  proclamation,  order, 
or  otherwise,  the  qualifications  of  voters  in  any  State  of  the 
United  States  of  America,  or  in  any  manner  to  interfere  with 
the  freedom  of  any  election  in  any  State,  or  with  the  exer 
cise  of  the  free  right  of  suffrage  in  any  State  of  the  United 
States.  Any  officer  of  the  army  or  navy  of  the  United  States, 
or  other  person  engaged  in  the  civil,  military,  or  naval  ser 
vice  of  the  United  States,  who  violates  thia  section  of  this 
act,  shall,  for  every  such  offence,  be  liable  to  indictment  as 
for  a  misdemeanor,  in  any  court  of  the  United  States  having 
jurisdiction  to  hear,  try,  and  determine  cases  of  misde 
meanor,  and  on  conviction  thereof  shall  pay  a  fine  not  ex 
ceeding  $5,000,  and  suffer  imprisonment  in  the  penitentiary 
not  less  than  three  months  nor  more  than  five  years,  at  the 
discretion  of  the  court  trying  the  same;  and  any  person 
convicted  as  aforesaid  shall,  moreover,  be  disqualified  from 
holding  any  office  of  honor,  profit,  or  trust  under  the  Gov 
ernment  of  the  United  States:  Provided,  That  nothing 
herein  contained  shall  be  so  construel  as  to  prevent  any 
officer,  soldier,  sailor,  or  marine  from  exercising  the  right 


316 


MILITARY   ORDERS    RESPECTING    ELECTIONS. 


of  suflrng*  in  any  flection  district  to  which  he  may  belong, 
if  otherwise  qualified,  according  to  the  laws  of  the  State  in 
which  he  shall  offer  to  vote. 

SKC.  2.  That  iiny  officer  or  person  in  the  military  or  naval 
service  of  the  United  States  who  shall  order  or  adviso,  or 
who  shrill  directly  or  indirectly,  by  force,  threat,  menace, 
intimidation,  or  otherwise,  prevent  or  attempt  to  prevent 
any  qualified  voter  of  any  State  of  the  United  States  of 
America  from  freely  exercising  the  right  of  sulTrage  at  any 
general  or  special  election  in  any  State  of  the  United 
States,  or  who  shs  'I  in  like  manner  compel,  or  attempt  to 
compel,  any  officer  of  an  election  in  any  such  State  to 
receive  a  vote  from  a  person  not  legally  qualified  to  vote, 
or  who  shall  impose  or  attempt  to  impose  any  rules  or 
regulations  for  conducting  such  election  different  from  those 
prescribed  by  law,  or  interfere  in  any  manner  with  any 
officer  of  said  election  in  the  discharge  of  his  duties,  shall 
for  every  such  offense  be  liable  to  indictment  as  for  a  mis 
demeanor,  in  any  court  of  the  United  Slates  having  juris 
diction  to  hear,  try,  and  determine  cases  of  misdemeanor, 
and  on  conviction  thereof  shall  pay  a  tine  not  exceeding 
$5,000,  and  suffer  imprisonment  in  the  penitentiary  not  ex 
ceeding  five  years,  at  the  discretion  of  the  court  trying  the 
same,  and  any  person  convicted  as  aforesaid  shall,  moreover, 
be  disqualified" from  holding  any  office  of  honor,  profit,  or 
traat  under  the  Government  of  the  United  States. 


And  passed — yeas  19,  nays  13,  as  follows : 

YEAS — Messrs.  Buckahw,  Carlile,  Davis,  Grime*,  Hal«. 
Harlan,  ILmdricks,  Hicks,  Johnson,  Lane  of  Kaunas,  Ma- 
Duutjait,  Pomeroy,  Powell.  Itic/utrdson,  Riddle,  Saulsburv 
Trumbull,  Wade,  Willey— 19. 

NATS  — Messrs.  Anthony,  Chandler,  Clark,  Collamer, 
Dixon,  Foot,  Foster,  Harris,  Howard,  Morgan  Sumner' 
Ten  Eyck,  Wilson— 13. 

Mr.  HARLAN  entered  a  motion  to  reconsider. 
June  28 — The  Senate  refused  to  reconsider 
it — yeas  19,  nays  23,  as  follows: 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
ness,  Doolittle,  Foot,  Foster,  Howard,  Lane  of  Indiana,  Lane 
of  Kansas,  Morgan,  Morrill,  Ramsey,  Sprague,  Sumner, 
Ten  Eyck,  Wilkinson,  Wilson— 19. 

NATS — Messrs.  I?rown,  Buckalrw,  Carlile,  Cowan,  Dan»t 
Grimes,  Hale,  Harlan,  Harris,  Henderson.  Ifcndricks,  Hicks, 
JUcDougall,  Nesmith,  Pomeroy,  Powell,  Riddle,  Saulsbury 
Sherman,  Trumbull,  Van  Winkle,  Wade,  Willey— 23. 

The  bill  was  not  acted  upon  in  the  House. 


RECONSTRUCTION   OF   STATES. 


Bill  for  Reconstruction. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1863,  December  15— Mr.  HENRY  WINTER  DA 
VIS  moved  that  so  much  of  the  President's  mes 
sage  as  relates  to  the  duty  of  the  United  States 
to  guarantee  a  republican  form  of  government  to 
the  States  in  which  the  governments  recognized 
by  the  United  States  have  been  abrogated  or 
overthrown,  be  referred  to  a  select  committee 
of  nine  to  report  the  bills  necessary  and  proper 
for  carrying  into  execution  the  foregoing  guar 
antee;  which  was  agreed  to — yeas  89,  nays  80. 

May  4 — The  House  passed  the  bill  reported 
from  the  committee — yeas  74,  nays  66,  as  fol 
lows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blow,  Boutwell, 
Brandegee,  Broomall,  Cole,  Creswell,  Henry  Winter  Davis, 


Ilubbard,  J.  II.  Ilubbard,  Hulburd,  Julian,  Kelley,  Francis 
W.  Kellogg.  Orlando  Kellogg,  Littlejohn,  Loan,  Lougyear, 
Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  F.  Miller, 
Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham, 
Pike,  Pomeroy,  Price,  Alexander  II.  Rice,  John  II.  Rice, 
Kdward  II.  Rollins,  Schenck,  Scofield,  Shannon,  Sloan, 
•Smithers,  Spalding,  Thayer,  Upson,  William  B.  Washburn, 
Williams,  Wilder,  Wilson,  Windom,  Woodbridge— 74. 

NAYS — Messrs.  William  J.  Allen.  Ancona,  Augustus  C. 
Baldwin,  J.  B.  Blair,  Brooks,  J.  S.  Brown,  W. G.  Brown,  Chan- 
Irr,  Cl:iy,  Cox,  Crarens,  Dawson,  Denison,  Eden,  EMridge, 
English,  Finc.k,  Ganson,  Grider,  Hale,  Hall,  Harding,  Bcnja- 
"ni;i  G.  Harris,  Charles  M.  Harris,  Herrick,  Holman,  Philip 
Johnson,  William  Johnson,  Kernan,  King,  Knapp,  Law,La- 
zfar,  LeBlrmd,  L<mg,  Marcy,  McAllister,  McDowell,  McKin- 
ney,  Middieton,  Morris,  Morrison,  Noble,  Odell,  John  O'Neill, 
PendlfJon,  Perry,  Radford,  Samuel  J.  Randall,  William  H. 
Randall,  Robinson,  James  S.  Rollins,  Ross,  Scott,  Smith, 
Jo'm  B.  Sleele,  William  G.  Steel*,  Stiles,  Strouse, Stuart,  Ward, 
Webster,  Whaley,  Wheeler,  Chilton  A.  White,  Yeaman—6G. 

The  preamble  to  the  bill,  which  was  in  these 
words — 

Whereas  the  so-called  Confederate  States  are  a  public 
enemy,  waging  an  unjust  war,  whose  injustice  Is  so  glaring 
U»ut  they  have  no  right  to  claim  the  mitigation  of  the  ex 
treme  rights  of  war  which  arc  accorded  by  modern  usage 
to  an  enemy  who  has  a  right  to  consider  the  war  a  just  one ; 
nnd  whereas  none  of  the  States  which,  by  a  regularly  re 
corded  majority  of  its  citizens,  have  joined  the  so-called 
Southern  Confederacy,  can  be  considered  and  treated  as  en 
titled  to  be  represented  in  Congress,  or  to  take  any  part  in 
the  political  government  of  the  Union:  Therefore — 

was  rejected— yeas  57,  nays  75,  a*  follows: 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
John  D.  Baldwin,  Baxter,  Beaman,  Boutwell,  Boyd,  Broom- 
all,  Colo.  Ileurs-  Winter  Davis,  Donnelly,  Driggs.  Ec'cley, 
Eliot.  Frank.  Garfield,  Grinnell,  Iligby,  ilooper,  Hotchkiss, 
Asahel  W.  HubbarJ,  John  II.  Ilubbard,  Julian.  Kaason, 


Kelley,  Francis  W.  Kellogg,  Littlejohn,  Loan,  Longyear, 
McBride,  McClurg,  Moorhead.  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson, 
Perham.  Pike,  Price,  John  H.  Rice,  Edward  II.  Rollins, 
Schenck,  Shannon, -loan,  Spalding,  Stevens,  Upson.  Wil 
liam  B.  Washburn,  Williams,  Wilder,  Woodbridge— 57. 

NAYS— Messrs.  Wm.  J.  All-n,  Ancona,  Arnold,  Augustus 
C.  Baldwin,  Jacob  B.  Blair,  Blow,  Brooks,  James  S.  Brown, 
William  G.  Brown.  Chanler,  Clay,  Cox,  Creswell.  Dawson, 
Denison,  Ede?>,  Eldridge,  Farns  worth,  Feuton,  Finch,  Can- 
son,  Grider,  Halo,  Hall,  Harding,  Benjamin  G.  Harris, 
Clias.  M.  Harris,  Herrick,  Holman,  Hulburd.  Philip  John 
son,  Orlando  Kellogg,  Kernan,  Knapp.  Law,  Lazear,  Le 
Blond,  Long,  Mircy.  Marvin,  McAllister,  Mclndoe,  Mid"l» 
ton,  Morrill,  Noble,  Moses  F.  Od>U,John  O'Neill.  Pendleton, 
Perry,  Pomeroy,  Radford,  SamuelJ.  Randall,  Wiliiam  II 


field,  Scott,  Smith,  Smithers,  John  B.  Steele,  Wm.  G.  Stedt. 
Stiles,  Strouse,  Stuart,  Thayer,  Ward.  Webster,  Whaley. 
Wheeler,  Chilton  A.  White,  Joseph  W.  White,  Wilson,  Win 
dom,  Yeaman — 75. 

The  bill  authorizes  the  President  to  nppoint 
in  each  of  the  States  declared  in  rebellion,  a 
Provisional  Governor,  with  the  pay  and  emolu 
ments  of  a  brigadier ;  to  be  charged  with  the 
civil  administration  until  a  State  government 
therein  shall  be  recognized.  As  soon  as  the 
military  resistance  to  the  United  States  shall 
have  been  suppressed,  and  the  people  sufficiently 
returned  to  their  obedience  to  the  Constitution 
and  laws,  the  Governor  shall  direct  the  marsha' 
of  the  United  States  to  enroll  all  the  white  mai.* 
citizens  of  the  United  States,  resident  in  tJu- 
State  in  their  respective  counties,  and  when  • 
ever  a  majority  of  them  take  the  oath  of  allegi 
ance,  the  loyal  people  of  the  State  shall  be  en 
titled  to  elect  delegates  to  a  convention  to  act 
j  upon  the  re- establishment  of  a  State  govern 
ment — the  proclamation  to  contain  details  pre- 
?cribed.  Qualified  voters  in  the  army  may  vote 
in  their  camps.  No  person  who  has  held  or 
exercised  any  civil,  military,  State,  or  Confede 
rate  office,  under  the  rebel  occupation,  and  who 
has  voluntarily  borne  arras  against  the  United 
States,  shall  vote  or  be  eligible  as  a  delegate. 
The  convention  is  required  to  insert  in  the  con 
stitution  provisions — 

1st.  No  person  who  has  held  or  exercised  any  civil  or 
military  office,  (except  offices  merely  ministerial  and  mili 
tary  offices  below  a  colonel,)  State  or  Confederate,  under 
the  usurping  power,  shall  vote  for,  or  be  a  member  of  th* 
legislature  or  governor. 

2d.  Involuntary  servitude  is  forever  prohibited,  and  the 
freedom  of  all  persons  is  guai-anteed  in  said  State. 

3d.  No  debt,  State  or  Confederate,  created  by  or  under 
the  sanction  of  the  usurping  power,  shall  be  recognized  or 
paid  by  the  State. 

Upon  the  adoption  of  the  constitution  by  the 
convention,  and  its  ratification  by  the  electors 

317 


318 


RECONSTRUCTION    OF   STATES. 


of  the  State,  the  Provisional  Governor  shall  so 
certify  to  the  President,  who,  after  obtaining 
the  assent  of  Congress,  shall,  by  proclamation, 
recognize  the  government  as  established,  and 
none  other,  as  the  constitutional  government  of 
the  State;  and  from  the  date  of  such  recogni 
tion,  and  not  before,  senators  and  representa 
tives  and  electors  for  President  and  Vice  Pres 
ident  may  be  elected  in  such  State.  Until  re 
organization  the  Provisional  Governor  shall 
enforce  the  laws  of  the  Union  and  of  the  State 
before  the  rebellion 

The  remaining  sections  are  as  follows: 

SEC.  12.  That  all  persons  held  to  involuntary  servitude  or 
labor  in  the  States  aforesaid  are  hereby  emancipated  and 
discharged  therefrom,  and  they  and  their  posterity  shall  be 
forever  free.  And  if  any  such  persons  or  their  posterity 
shall  be  restrained  of  liberty,  under  pretence  of  any  claim 
to  such  service  or  labor,  the  courts  of  the  United  States 
shall,  on  habeas  carpus,  discharge  them. 

SEC.  13.  That  if  any  person  declared  free  by  this  act,  or 
any  law  of  the  United  States,  or  any  proclamation  of  the 
President,  be  restrained  of  liberty,  with  intent  to  be  held  in 
or  reduced  to  involuntary  servitude  or  labor,  the  person 
convicted  before  a  court  of  competent  jurisdiction  of  such 
act  shall  be  punished  by  fine  of  riot  less  than  $1,500,  and  be 
imprisoned  not  less  than  five,  nor  more  than  twenty  years. 

SEC.  14.  That  every  person  who  shall  hereafter  hold  or 
exercise  any  office;,  civil,  or  military,  except  offices  merely 
ministerial  and  military  offices  below  the  grade  of  colonel, 
in  the  rebel  service,  State  or  confederate,  is  hereby  declared 
not  to  be  a  citizen  of  the  United  States. 

IN  SENATE. 

May  27  —  Mr.  WADE,  from  the  Committee  on 
Territories,  reported  the  bill  with  two  amend 
ments  ;  one  fixing  the  compensation  of  the  pro 
visional  Governor  at  $3,000  a  year,  and  the 
other  striking  out  the  word  "  white  "  wherever 
it  occurs. 

The  Senate  as  in  Committee  of  the  Whole, 
July  1  —  Mr.  BROWN  offered  this  as  a  substi 
tute  for  the  bill: 

That  when  the  inhabitants  of  any  State  have  been  de 
clared  in  a  state  of  insurrection  against  the  United  States 
by  proclamation  of  the  President,  by  force,  and  virtue  of 
the  act  entitled  "An  act  to  provide  for  the  collection  of 
duties  on  imports,  and  for  other  purposes,"  approved  July 
L'J,  1801,  they  shall  be,  and  are  hereby  declared  to  be,  in 
capable  of  casting  any  vote  for  electors  of  President  or 
Vice  President  of  the  United  States,  or  of  electing  Senators 
•jr  Representatives  in  Congress,  until  said  insurrection  in 
laid  State,  is  suppressed  or  abandoned  and  said  inhabitants 
nave  returned  to  their  obedience  to  the  Government  of  the 
United  States,  nor  until  such  return  to  obedience  shall  be 
declared  by  proclamation  of  the  President  issued  by  virtue 
of  an  act  of  Congress,  hereafter  to  he  passed  authorizing 
the  same." 


Which  was  agreed  to—  yeas  17,  nays  16,  as 
follows  : 

YEAS—  Messrs.  Brown,  Carlile,  Cowan,  Davis,  Doolittle, 
Crimes,  Henderson,  Ilmdricks,  Johnson,  Lane  of  Indiana, 
McDvugall,  Powell,  Richardson,  Riddle,  Saulsbury,  Trum- 
bull,  Van  \Vinkle-17. 

NAYS—  Mem*.  Chandler,  Clark,  Conness,  Hale,  Harlan, 
Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Ramsey.  Sher 
man,  Sprague,  Sunnier,  Wade,  Wilkinson,  Wilson—  16. 

Mr.  SUMNBR  proposed  the  following  new 
section  : 

To   MAKE   THE   EMANCIPATION   PROCLAMATION   A   STATUTE. 

That  the  proclamation  of  emancipation  issued  by  the 
President  of  the  United  States  on  the  first  day  of  January, 
1863,  so  far  \\»  the  san^p  declares  that  the  slaves  in  certain 
designated  States  and  parts  of  States  thenceforward  should 
be  free,  is  hereby  adopted  and  enacted  as  a  statute  of  the 
United  States,  and  as  a  rule  and  article  for  the  government 
of  the  military  and  naval  forces  thereof. 

Which  was  rejected  —  yeas   11,   nays   21,   as 

follows  : 

YEAS—  Messrs.  Chandler,  Conuesa.  Lane  of  Kansas,  Mor 


gan,  Morrill,  Pomeroy,  Ramsey,  Sumner,  Wade,  Wilkinson, 

NAYS— Messrs.  Brown,  Carlile,  Davis,  Doolittle,  Grimes 
Hah;,  Harris,  Henderson,  Htndricks,  Johnson,  Lane  of  In 
diana,  McDaugall,  Powell,  Richardson,  Riddle,  Sauls', ury 
Sherman,  Sprague,  Ten  Eyck,  Trumbull,  Van  Winkle— 21. 
The  Senate  adopted  the  amendment  made  in 
Committee  of  the  Whole — yeas  20,  nays  13,  as 
follows  : 

YEAS— Meesra.  Brown,  Carlile,  Darii  Doolittle,  Grimes, 
Hiirlan,  Harris,  Henderson,  IIendr1ck$t  Johnson,  Lane  of 
Indiana,  McDougaU,  Pomeroy,  Pi/well,  Richardson  Riddle 
Saulsbury,  Sprague,  Trumbull,  Van  Winkle— 20. 

NAYS— Messrs.  Clark,  Conner.  Hale,  Lane  of  Kansas, 
Morgan,  Morrill,  Ramsey,  Sherman,  S.imner  Ten  Kvck 
Wade,  Wilkinson,  Wilson— 13. 

And  the  bill  passed— yeas  2G,  nays  3,  as  fol 
lows : 

YEAS. — Messrs.  Brown,  Chandler,  Conness,  Doolittle, 
Grimes,  Hale,  Harlan.  Harris,  Henderson.  Johnson,  Lane 
of  Indiana.  Lnne  of  Kansas,  McDnugaU.  Morgan.  Pomeroy, 
Ramsey,  Riddle.  Sherman,  Sprague,  Sumner,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Wade,  Wilkinson,  Wilson— 26. 
NAYS.— Messrs.  Davis,  Powell,  Saulsbury— S. 
July  2 — The  House  non  concurred  in  the 
amendment  of  the  Senate,  and  asked  a  Com 
mittee  of  Conference ;  but  the  Senate,  on  mo 
tion,  receded  from  its  amendments — (thus  pass 
ing  the  House  bill) — yeas  18,  nays  H,  as  fol 
lows  : 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Conness,  Foot, 
Harlan,  Harris,  Howe,  Lane  of  Kansas,  Morgan,  Pomeroy, 
Ramsey,  Sherman,  Sprague,  Sumner,  Wade,  Wilkinson. 
Wilson— 18. 

NAYS— Messrs.  Buckalew,  Carlile,  Davis,  Doolittle,  Hen 
derson,  Hendricks,  Lane  of  Indiana,  McDouyall,  Powell, 
Riddle,  Saulsbury,  Ten  Eyck,  Trumbull,  Van  Winkle— 14. 

THE  PRESIDENT'S  PROCLAMATION  RESPECTING  IT. 

The  PRESIDENT  failed  to  approve  this  bill ; 
and,  July  8,  1864,  issued  this  proclamation 
respecting  it : 

Whereas,  at  the  late  session,  Congress  passed 
a  bill  "  to  guarantee  to  certain  States,  whose 
governments  have  been  usurped  or  overthrown, 
a  republican  form  of  government,"  a  copy  of 
which  is  hereunto  annexed  ; 

And  whereas  the  said  bill  was  presented  to 
the  President  of  the  United  States  for  his  ap 
proval  less  than  one  hour  before  the  sine  die 
adjournment  of  said  session,  and  was  not  signed 
by  him ; 

And  whereas  the  said  bill  contains,  among 
other  things,  a  plan  for  restoring  t  he  States  in  re 
bellion  to  their  proper  practical  relation  in  the 
Union,  which  plan  expresses  the  sense  of  Con 
gress  upon  that  subject,  and  which  plan  it  is 
now  thought  fit  to  lay  before  the  people  for 
their  consideration  : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  Presi 
dent  of  the  United  States,  do  proclaim,  declare, 
find  make  known,  that,  while  I  am  (as  I  was  in 
December  last,  when  by  proclamation  I  pro 
pounded  a  plan  for  restoration)  unprepared,  by 
a  formal  approval  of  this  bill,  to  be  inflexibly 
committed  to  any  single  plan  of  restoration  ; 
and,  while  I  am  also  unprepared  to  declare  that 
the  free  State  constitutions  and  governments 
already  adopted  and  installed  in  Arkansas  and 
Louisiana  shall  be  set  aside  and  held  for 
nought,  thereby  repelling  and  discouraging  the 
loyal  citizens  who  have  set  up  the  same  :is  to 
further  effort,  or  to  declare  a  constitutional 
competency  in  Congress  to  abolish  slavery  m 
States,  but  am  at  the  same  time  sincerely  hop- 


RECONSTRUCTION    OF    STATES. 


319 


ing  and  expecting  that  a  constitutional  amend 
ment  abolishing  slavery  throughout  the  nation 
nia)  be  adopted,  nevertheless  I  am  fully  eatis- 
fied  with  the  system  for  restoration  contained 
in  the  bill  as  one  very  proper  plan  for  the  loyal 
people  of  any  State  choosing  to  adopt  it,  and 
that  I  am,  and  at  all  times  shall  be,  prepared 
to  give  the  Executive  aid  and  assistance  to 
any  such  people,  so  soon  as  the  military  resist 
ance  to  the  United  States  shall  have  been  sup 
pressed  in  any  such  State,  and  the  people 
thereof  shall  have  sufficiently  returned  to  their 
obedience  to  the  Constitution  and  laws  of  the 
United  States,  in  which  cases  Military  Govern 
ors  will  be  appointed,  with  directions  to  proceed 
according  to  the  bill. 

ELECTORAL  VOTE  OF  REBEL  STATES. 

June  13 — Mr.  GARFIELD  introduced  a  joint 
resolution  resolving  that  no  State  declared  to 
be  in  rebellion  by  proclamation  of  the  Presi 
dent  is  entitled  to  appoint  electors  of  President 
and  Vice  President,  and  that  no  electoral  vote 
from  any  such^tate  shall  be  received  or  counted 
until  both  Houses  of  Congress,  by  concurrent 
action,  shall  have  recognized  a  Staty  govern 
ment  in  such  State. 

It  was  read  a  first  and  second  time ;   was  or-  j 
dered  to  be  engrossed,  and  read  the  third  time, 
under  the  operation  of  the  previous  question, 
when  the  following  proceedings  took  place : 

Mr.  McKiNNEY.  Is  it  in  order  to  inquire  whether  Mr. 
Johnson  could  be  a  candidate  for  the  Vice  Presidency  under 
that  rule? 

The  SPEAKER.    It  is  not  in  order  to  make  the  inquiry. 

Mr.  ELAINE.    Is  it  too  late  now  to  raise  a  point  of  order? 

The  SPEAKER.  It  is  entirely  too  late.  The  joint  resolu 
tion  has  received  its  third  reading,  and  the  main  question 
has  been  ordered  on  its  passage. 

Mr.  ELAINE.    Has  the  morning  hour  expired? 

The  SPEAKER.  It  has ;  but  the  House  has  ordered  the 
main  question  to  be  now  put. 

Mr.  ELAINE.  I  move  to  lay  the  joint  resolution  on  the 
table. 

Which  was  agreed  to — yeas  104,  nays  33,  as 
follows  : 

YEAS— Messrs.  James  C.  Allni,  William  J.  Allen,  Allison, 
Ames,  Anderson,  Baily,  Augustus  C.  Bahhoin,Jo\m  D.  Bald 
win,  Blainc,  Elair,  Bliss,  Eoutwell,  BrooLs.  James  $.  Broivn, 
C  hauler,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb,  Coif- 
roth,  Co.c,  Crarens,  Dawcs,  Denistm,  Dixon,  Driggs,  Eden, 
Ed'jcrton,  Eldridge,  liliot,  English,  Farnstrorlh,  Fenton, 
F.nck,  Frank,  Ganson,  Gooch,  Grider,  Griswold,  Harding, 
Harrington,  Charles  M.  Harris,  Herrirk.  Holman,  Hotch- 
kt:J.s,  Asahel  W.  Hubbard,  Hutching,  Iiigersoll.  .lenckes, 
WiilLtm  Johnson,  Kalbfleisch,  Francis  W.  Kellogg,  Orlando 
Kellogg,  Kernan,  King,  Km'pp,  Law,  Le.  1'Aond,  Littlejohn, 
Man-y,  Marvin,  McDowell,  Mclndoe,  McKinncv,  Samuel  F. 
Miller,  William  H.  Miller,  Moorhead,  James  R.  Morris,  Amos 
Mvers,  Leonard  Myers,  Oddl,  Charles  O'Neill,  John  O'Neill, 
Orth,  Pendlcton,  Perham,  Pike,  Price,  Pruyv,  Radford,  Alex 
ander  II.  Rice,  John  II.  Rice.  Robinson,  James  <S'.  Rollins, 
Ross,  Sc'.lield,  Sloan,  Smith,  John  B.  Strcle,  William  G.  Steele, 
<S':i/e.f,  M rouse,  ttuart.  Sweat,  Thaver,  Thomas,  Wadsworth, 
Webster.  Whaley,  Wheeler,  Chillon  A.  White,  Joseph  W. 
White,  Wilson,  Windom,  Fernando  Wood— 104. 

NAYS — Messrs.  Alley,  Ashley.  Eaxter.  Eeaman,  Elow, 
lirandegee,  Cole,  Creswell,  Henry  Winter  Davis,  Thomas  T. 
Davis.  Donnelly,  Eckley,  Gorfield,  Higby,  Hooper,  John  II. 
Hulibard,  Julian,  Kelley,  Lazear,  Longyear,  McClurg,  Mor- 
rill.  Daniel  Morris,  Norton,  Shannon,  Smithers,  Spaldiug, 
Starr,  Stevens,  Upson,  Van  Valkenburgh,  Williams,  Wood- 
bridge—  US. 

.June  20 — Mr.  ASHLEY  asked  leave  to  offer 
this  joint  resolution,  but  it  was  objected  to  : 

Resolved,  <Cc.,  That  when  the  inhabitants  of  any  State 
have  been  declared  in  a  state  of  insurrection  against  tho 
United  States  by  proclamation  of  the  President,  by  force 
and  virtue  of  the  act  entitled  "  An  act  further  to  provide 
for  the  collection  of  duties  on  imports,  and  lor  other  pur 
poses,"  approved  July  l:j,  1801,  they  shall  be  and  are  hereby 


declared  to  be  incapable  of  casting  any  vote  for  elec 
tors  of  President  or  Vice  President  of  the  United  States,  or 
of  electing  Senators  or  Representatives  in  Congress,  until 
said  insurrection  in  said  State  is  suppressed  or  abandoned, 
and  said  inhabitants  have  returned  to  their  obedience  t/> 
the  Constitution  and  Government  of  the  United  States,  nor 
until  such  return  to  obedience  shall  be  declared  by  procla 
mation  of  tho  President,  issued  by  virtue  of  an  act  of  Con 
gress  authorizing  the  same. 

PROPOSED    APPOINTMENT    OP  COMMISSION    OF 
INQUIRY. 

June  22 — Mr.  DAWES,  from  the  Committee 
on  Elections,  in  the  application  of  certain  per 
sons  to  be  received  as  Representatives  from 
Arkansas,  made  a  report,  which  closes  with 
this  joint  resolution  : 

Resolved,  d-c.,  That  there  lie  appointed  by  the  President, 
by  and  with  the  consent  of  the  Senate,  a  commission  con 
sisting  of  three  persons,  resident*  of  States  not  involved  in 
the  present  rebellion,  whose  duty  it  shall  be  during  the  re 
cess  of  the  present  Congress  to  visit  those  States  declared 
by  the  proclamation  of  tho  President  to  have  been  in  re 
bellion,  and  which  have  already  taken  or  may  before  the 
next  session  of  the  present  Congress  take  measures  to  es 
tablish  or  reorganize  State  governments,  and  after  careful 
oxamination  and  hearing  testimony  report  to  the  President 
for  the  information  of  Congress  at  as  early  day  in  the  next 
session  as  possible  all  such  evidence  as  they  may  be  able  to 
obtain  upon  the  question,  whether  the  loyal  people  in  any 
such  States  have  succeeded  in  re-establishing  a  State  gov 
ernment,  to  what  extent  bii-.!:  State  government  represents 
and  has  the  support  of  the  loyal  people  in  such  State,  and 
•what  is  the  ability  of  such  people  therein  to  maintain  the 
same  against  domestic  violence. 

Resolved  further,  That  until  Congress  shall  be  satisfied 
upon  evidence  submitted  to  them  that  the  rebellion  has  so 
far  been  suppressed  in  any  such  State  that  there  has  been 
established  therein  a  State  government,  republican  in  form, 
and  prohibiting  the  existence  of  slavery  in  the  same,  and 
so  firmly  established  as  to  bo  able  to  maintain  itself  against 
domestic  violence,  representation  from  any  such  State 
ought  not  to  be  admitted  into  either  branch  of  Congress. 

Mr.  JAMBS  S.  BROWN,  from  the  Minority  Com 
mittee,  presented  these  resolutions  : 

Whereas  by  article  six  of  the  Constitution  of  the  United 
States  it  and  *he  laws  made  in  pursuance  thereof  are  de 
clared  to  be  the  supreme  law  of  the  land,  and  every  act  of 
secession  by  any  State  is  in  direct  violation  of  such  supreme 
laws:  Therefore, 

Resolvd,  That  the  acts  of  secession  by  the  Legislatures 
of  the  several  States  whose  people  are  now  in  rebellion  are 
mere  nullities,  having  no  force  or  effect  to  change  the  rela 
tion  either  of  States  themselves  or  of  the  people  thereof 
toward  the  General  Government ;  and  that  by  such  acts  th« 
people  neither  freed  themselves  from  the  penalties  attach 
ing  by  law  to  treason  nor  lost  any  rights  as  citizens  of  the 
States  and  United  States,  except  such  as  may  follow  upon 
conviction  of  crime ;  that  the  duty  of  the  people  of  such 
I  States  to  send  true  and  loyal  men  to  Congress,  and  the  right 
so  to  do  as  consequent  upon  the  duty,  still  remain  by  force 
of  *he  Constitution,  requiring  no  act  of  the  President  or 
Congress  to  confirm  them;  that  no  State  can  under  the 
Constitution  assent  to  tho  presence  of  armed  rebels  from 
other  States  within  its  borders,  and  that  any  act  of  the  au 
thorities  of  a  State  giving  such  assent  is  a  nullity ;  that  the 
entrance  of  such  armed  rebels  of  one  State  upon  Territories 
of  another  is  an  invasion  from  which  by  article  four  of  the 
Constitution  the  United  States  are  bound  to  protect  the 
invaded  State ;  that  this  obligation  of  protection  on  the  part 
of  the  United  States  is  due  to  each  citizen  individually  as  a 
consequence' of  his  duty  of  allegiance,  and  continues  so 
long  as  there  is  a  single  loyal  citizen  in  a  State  oppressed 
by  such  invasion;  that  so  long  as  the  Constitution  and 
laws  of  the  United  States  cannot  be  enforced  in  any  con- 
i  gressional  district  on  account  of  the  presence  of  armed 
j  rebels  there  can  be  no  free  election,  and  a  person  claiming 
a  seat  through  an  election  under  such  circumstances  should 
be  rejected. 

Be  it  further  resolved,  That  the  Constitution,  in  article  two, 
determines  the  qualifications  of  electors  for  Representatives, 
and  that  any  order  of  the  President  or  act  of  Congress 
changing  such  qualifications  would  be  a  usurpation  and  a 
nullity. 
Be  it  further  resolved,  That  whenever  by  pestilence, 

I  foreign  invasion,  or  domestic  conspiracy,  the  officers  of  & 
State  required  by  its  laws  to  conduct  an  "election  have  been 
|  destroyed  or  carried  off,  the  Stata  does  not  thereby  cease  to 
exist,  nor  do  its  people  forfeit  their  rights  as  citizens  of  tha 
States  or  of  the  United  States,  but,  from  the  very  neceiwitjr 


320 


RECONSTRUCTION    OF    STATES. 


of  the  case,  and  by  virtue  of  the  power  impliedly  reserved 
to  the  people,  they  mny,  in  a  practicable  and  reasonable 
manner,  supply  the  deficiency,  and  hold  an  election,  con 
ducting  it.  however,  ;is  far  as  possible,  in  conformity  with 
the  existing  laws  and  Constitution  of  the  State;  and  the 
duty  of  Congress  in  passing  upon  such  an  election  claimed 
t<>  be  held  under  such  circumstances  is  limited  to  ascc.-rtain- 
ing  whether  it  WSIH  a  fair  expression  of  a  majority  of  the 
people,  and  in  the  mode  of  conducting  it  departed  f'-om  the 
ger.eral  b>ws  of  the  State  only  so  far  as  was  necessary  to 
ripply  the  deficiency  of  officers  required  to  conduct  tho 
election. 

Be,  it  further  resolved,  That  the  right  of  the  claimants 
from  Arkansas  should  be  determined  by  the  principles  hero 
enunciated;  and  if  they  shall  satisfy  the  House  that  tho 
Constitution  and  laws  of  the  United  States  and  of  the  State 
held  peaceful  sway  over  their  respective  districts,  that  in 
their  elections  they  departed  in  nothing  from  the  Constitu 
tion  and  existing  laws  of  that  State,  save  in  supplying 
requisite  officers,  and  that  they  received  a  vote  of  a  ma 
jority  in  their  respective  districts,  then  they  are  entitled  to 
seats,  but  not  otherwise. 

A  motion  to  table  the  whole  subject  was  lost 
— yeas  43,  nays  63. 

A  motion  to  postpone  until  next  session,  was 
lost — yeas  50,  nays  78. 

June  29 — The  report  was  further  debated, 
when,  ou  motion  of  Mr.  DAVIS,  the  whole  sub 
ject  was  l?id  on  the  table — yeas  80,  nays  47, 
as  follows  : 

YEAS — Messrs.  William  J.  AlUn,  Allison,  Ancona,  Aiigus- 
tus  C.  Baldwin,  Beaman.  Blair,  Bliss,  Blow,  Boyd,  Brooks, 
Broomall,  James  S.  Brmvn,  Cole,  Cox,  Henry  Winter  Davis, 
Thomas  T.  Davis,  Damson-,  Dcming,  Denison,  Dixon,  Driggs, 
Eden,  Ed.<)ertm.  English,  Finck,  Griswold,  Hale,  Herrick, 
Iligby,  tfolman,  Asahel  W.  Hubbard,  John  II.  Hubbard, 
Ilulburd,  Jenckes,  William  Johnson,  Kalbjlei.sch,  Kelley, 
Francis  W.  Kellogg,  Kernan,  Knapp,  Law.  Lazear,  Loan, 
Longyear,  McAllister,  McDoivell,  Mclndoe,  McKinney,  Sam 
uel  1-'.  Miller,  Moorhead,  James  11.  Morris,  Morrison,  Amos 
Myers,  Leonard  Myers.  Norton,  Charles  O'Neill,  Orth.  Pen- 
dUton,  1'erham,  Pcrri/,  Radford,  Samuel  J.  Randall,  Robin 
son,  Ross,  Schenck,  Shannon,  Sloan,  Smith.  Smithers,  Wil 
liam  G.  Mcele,  Stevens,  Stiles,  St rouse,  Stuart.  Thayer,  Web 
ster,  Cltilton  A.  White,  Joseph  W.  White,  Williams,  Windom 
—80. 

NAYS— Messrs.  Alley,  Ames.  Anderson,  Ashley,  Baily 
.John  D.  Baldwin,  Blaine,  Boutwell,  William  O.  Brown 
Chanler,  Cobb,  Dawes,  Donnelly,  Eekley,  Eliot.  Farusworth 
Ganson,  Gooch,  Harding,  Benjamin  G.  Harris,  Charles  M. 
Harris,  Hooper,  Hufahins,  Julian  Knox.  Littlejohn,  Long. 
Mallory,  JUarcy,  McClurg,  Morrill,'  Oddl,John  Q-'NeiU,  Pike. 
Porneroy,  John  II.  Rice,  Edward  II.  Rollins.  James  8.  Rol- 
lius,  Bcofleld,  Thomas,  Upson,  Van  Valkenlmrgh,  Ellihu  B 
Washburne,  William  B.  Washburu,  Whaley,  Winjisld — 47 

FBEE  STATE  GOVERNMENT  JN  ARKANSAS. 

June    10 — Mr.   LANK   of  Kansas,    introduced 
this  joint  resolution: 
For  the  recognition  of  the  free  State  government  of  the 
State  of  Arkansas. 

Whereas  the  President  of  the  United  States,  by  procla 
nation  of  the  1st  of  January,  A.  I).  18G3,  did,  among  other 
tilings,  proclaim  and  declare  that  the  '•  people"  of  Arkansas 
"are  this  day  in  rebellion''  against  the  United  States;  anr 
whereas  the  loyal  people  of  the  State  of  Arkansas  have 
since  that  timejbya  free  and  untrammelled  vote, organized 
suid  have  in  operation  a  State  government  upon  a  free  basis 
and  republican  in  form;  and  whereas,  pending  the  organ 
ization  of  said  government,  the  President  of  the  United 
States  did,  by  proclamation  of  the  8th  day  of  December,  A 
D.  1803,  invite,  among  others,  the  people  of  Arkansas  to 
organize  a  loyal  State  government  upon  a  free  basis;  ant 
whereas  the  President  of  the  United  States  approved  said 
organisation  in  tho  State  of  Arkansas  and  officially  recog 
ni/.ed  the  same:  Therefore, 

lie  it  resolved,  tfc.,  That  so  much  of  the  proclamation  or 
proclamations  of  the  President  of  the  United  States,  and  so 
much  of  all  laws  of  Congress,  as  declares  the  people  or  Stak 
of  Arkansas  in  rebellion,  be,  and  is  hereby,  declared  inop 
orative  and  void.  < 

Sec.  '2.  That  the  present  organized  government  in  the 
State  of  Arkansas  be,  and  it  is  hereby,  recogni/ed,  upon  tlu 
condition  that  slavery  and  involuntary  servitude  shal 
never  exist  in  said  State,  except  as  a  punishment  for  crime 

June  11 — Mr.  LANE   of  Kansas,  offered   this 

additional  resolution  : 

Ssc.  3.  That  this  joint  resolution   shall  be  iu  force  from 


n<l  after  the  acceptance  of  its  provisions  by  the  people  c* 
he  i-'aid  State  and  proclamation  of  the  same  by  the  Presi- 
lent  of  the  United  States. 

He  also  offered  this  resolution,  which  was 
adopted  : 

That  the  President  of  the  United  States  be  requested  to 
urni.sh  to  the  Senate  copies  of  all  correspondence,  orders, 
ind  documents  on  tile  in  the  Departments  in  relation  to  tho 
trgatiizatiou  by  the  loyal  people  of  Arkansas  of  the  free 
State  government  of  that  State. 

June  13 — The  Senate  considered  the  joint 
resolution  ;  refused— yeas  5,  (Messrs.  Chandler, 
Howard,  Richardson,  Sutnoer,  Wade,)  nays 
32,  to  lay  the  subject  on  the  table,  and  then 
referred  it  to  the  Committee  on  the  Judiciary, 
and  with  it  the  resolution  of  Mr.  SUMNER, 
offered  May  27,  as  follows : 

That  a  State  pretending  to  secede  from  the  Union  and 
battling  against  the  national  Government  to  maintain  this 
pretension  must  be  regarded  as  a  rebel  State,  subject  to 
military  occupation,  and  without  title  to  representation  on 
this  floor  until  it  has  been  readmitted  by  a  vote  of  both 
Houses  of  Congress  ;  and  the  Senate  will  decline  to  enter 
tain  any  application  from  any  such  rebel  State  until  after 
such  vote  of  both  Houses  »f  Congress. 

ADMISSION    OF     SENATORS     FROM    ARKANSAS. 

IN  SENATE. 

First  Session,  Thirty-Eighth  Congress. 
1864,  June    27 — Mr.    TRDMBULL   made   this 
report : 

The  Committee  on  the  Judiciary,  to  whom  were  referred 
the  credentials  of  William  M.  Fishback  and  Elisha  Bax 
ter,  claiming  seats  from  the  State  of  Arkansas,  report : 
That  the  credentials  are  presented  in  due  form,  purport 
ing  to  be  under  the  seal  of  the  State  of  Arkansas,  and  to 
be  signed  by  Isaac  Murphy,  Governor  thereof;  and  it  the 
right  to  seats  were  to  be  determined  by  an  inspection  of 
the  credentials,  Messrs.  Fishback  and  Baxter  would  be  en 
titled  to  be  sworn  as  members  of  this  body.  It  is,  how 
ever,  admitted  by  the  persons  claiming  seats,  and  known 
to  the  country,  that  in  the  spring  of  1861,  the  State  of  Ar 
kansas,  through  its  constituted  authorities,  undertook  to 
secede  from  the  Union,  set  up  a  government  in  hostility  to 
the  Uuited  States,  and  maintain  the  same  by  force  of  arms. 
Congress,  in  view  of  the  condition  of  affairs  in  Arkansas 
and  some  other  States  similarly  situated  passed  an  act, 
July  13, 1801,  authorizing  the  President,  in  case  of  an  in 
surrection  in  any  State  aga-nst  the  laws  of  the  United 
States,  and  when  the  insurgents  claimed  to  act  under  au 
thority  of  the  State,  and  such  claim  was  not  repudiated, 
nor  the  insurrection  suppressed  by  the  persons  exer«isiug 
the  functions  of  government  in  such  State,  to  declare  the 
inhabitants  of  such  State  or  part  thereof  where  such  insur 
rection  existed,  t%  be  in  a  state  of  insurrection  against  the 
United  States ;  and  that,  thereupon,  all  commercial  inter 
course  by  and  between  the  same  and  the  citizens  of  the 
United  States,  except  under  license  and  upon  certain  condi 
tion:-;,  should  cease  and  be  unlawful  so  long  as  such  condi 
tion  of  hostil.tv  shoii'd  continue. 

In  pursuance  of  this  act,  the  President,  August  16, 1861, 
issued  his  proclamation  declaring  the  inhabitants  of  the 
State  of  Arkansas,  except  the  inhabitants  of  such  parts 
thereof  aa  should  maintain  a  loyal  adhesion  to  the  Union 
ami  the  Constitution,  or  might  be  from  time  to  time  occu 
pied  and  controlled  by  forces  of  the  United  States  en-aged 
in  the  dispersion  of  said  insurgents,  to  be  in  a  state  of  in 
surrection  against  the  United  States,  and  that  all  commer 
cial  intercourse  between  them  and  citizens  of  other  States 
was  and  would  be  unlawful,  except  when  carried  on  under 
special  license,  until  such  insurrection  should  cease.  At 
the  date  of  this  proclamation  no  part  of  the  State  of  Arkan 
sas  was  occupied  and  controlled  by  the  forces  of  the  United 
States,  nor  did  the  inhabitants  of  any  part  of  the  State,  at 
that  time,  publicly  maintain  a  loyal  adhesion  to  the  Union 
and  tho  Constitution.  Hence,  upon  the  issuing  of  said  proc 
lamation,  a  state  of  hostility  or  civil  war  existed  between 
the  inhabitants  of  the  State  of  Arkansas  and  the  United 
States,  and  there  was  not  at  that  time  any  organized  author 
ity  in  Arkansas,  loyal  to  the  Constitution,  competent  t<> 
choose  or  appoint  Senators  of  the  United  Stairs.  It  is 
claimed,  however,  that  since  that  period  the  State,  or  the 
greater  portion  of  it,  has  been  occupied  and  controlled  by 
the  forces  of  the  United  States,  engaged  in  the  dispersion  of 
the  insurgents,  and  that  the  inhabitants  of  said  State,  loyal 
to  tho  Union  and  the  Constitution,  have  reorganized  their 


RECONSTRUCTION    OP   STATES. 


321 


State  government,  and  have  the  right,  through  the  Legis 
lature  they  have  instituted,  to  choose  two  Senators  for  said 
State. 

The  Constitution  declares  that  "  the  Senate  of  the  United 
States  shall  bo  composed  of  two  Senators  from  each  State, 
chosen  by  the  Legislature  thereof,  for  six  years,''  and  makes 
each  House  "the  judge  of  the  election,  returns,  and  qualifi 
cations  of  its  own  members."  In  the  investigation  of  the 
claimants'  right  to  seats,  the  first  question  to  be  determined 
ie,  was  the  body  by  whom  they  were  elected  clothed  with 
authority  to  elect  Senators;  in  other  words,  was  it,  in  a 
constitutional  sense,  "the  Legislature  of  Arkansas?" 

A  question  similar  to  this  arose  some  years  since  between 
Bobbins  and  Potter,  each  claiming  to  have  been  elected 
Senator  by  the  Legislature  of  Rhode  Island,  though  by  dif 
ferent  bodies.  In  tliut  case  the  Senate  was  called  upon  to 
decide,  and  did  decide,  which  of  the  two  bodies,  each  claim- 
Ing  to  be  legitimate,  was  the  Legislature  contemplated  by 
the  Constitution.  The  Supreme  Court  of  the  United  States, 
in  the  case  of  Luther  vs.  Borden,  growing  out  of  the  politi 
ck  difficulties  in  Rhode  Island  in  1841  and  1842,  held  that 
"when  the  Senators  and  Representatives  of  a  State  are  ad 
mitted  into  the  councils  of  the  Union,  the  authority  of  the 
government  under  which  they  are  appointed,  as  well  as  its 
republican  character,  is  recognized  by  the  proper  constitu 
tional  authority.  And  its  decision  is  binding  on  every  oth«r 
department  of  tho  Government." 

The  claimants  laid  before  the  committee  a  statement  of 
the  circumstances  attending  the  assembling  of  the  body  by 
which  they  were  elected,  in  which,  after  detailing  the  con 
dition  of  the  State  while  under  rebel  control,  and  prior  to 
September,  186.'i,  they  say  :  "  Upon  the  advent  of  the  Union 
army  the  rebels  in  the  State,  guerrillas  and  all,  for  the  most 
part  loft  with  their  armies,  leaving  about  two-thirds  of  the 
State  comparatively  free  from  guerrilla  depredation. 

"The  Union  men  came  flocking  from  the  mountains, 
where  they  had  lain  for  two  years,  to  the  Federal  standard, 
and  nearly  every  man  whom  the  medical  examiners  would 
receive  joined  the  Federal  army. 

"  Those  who  were  rejected,  (and  their  number  was  enor 
mous,  their  constitutions  having  been  broken  by  exposure 
and  their  hardships,)  and  those  whom  circumstances  pre 
vented  from  joining  the  army,  found  themselves,  so  far  as 
law  was  concerned,  in  a  state  of  chaos.  Many  of  them, 
living  remote  from  military  posts,  had  not  even  the  protec 
tion  of  military  law. 

'•  Immediately  they  began  to  agitate  the  question  of  a  re- 
organ  zation  of  their  rotate  government.  They  first  moved 
In  primary  meetings,  and  on  the  30th  of  October,  1863,  they 
held  a  mass  meeting  in  the  city  of  Fort  Smith,  in  which 
some  twenty  counties  are  said  to  have  been  represented, 
and  at  which  they  called  upon  all  counties  in  the  State  to 
elect  delegates  (after  having  elected  commissioners  of  elec 
tion)  to  a  State  convention,  to  bo  held  in  the  city  of  Little 
Rock  on  the  8th  day  of  January,  1864,  for  the  purpose  of  so 
amending  the  constitution  as  to  abolish  slavery.  Simul 
taneously  with  this  meeting,  meetings  were  held  in  a  num 
ber  of  other  counties.  In  every  single  one  (in  ignorance  of 
the  actiun  of  others  in  many  instances)  they  declared  for  a 
convention  and  the  abolition  of  slavery. 

"  Commissioners  of  election  were  firs 
held  the  election  for  the  delegates 

"All  this  was  prior  to  the  President's  amnesty  proclama- 

"When  the  convention  met,  forty-five  delegates  were 
present,  representing  about  one-half  of  the  State.  (Several 
of  the  delegates  failed  to  attend.)  They  repudiated  the  rebel 
debt,  State  and  Confederate,  abolished  slavery,  and  sub 
mitted  the  constitution  to  the  people  for  their  ratification. 
They  also  provided  for  taking  the  vote  for  State  and  county 
officers,  and  members  of  the  legislature  at  the  same  time 
with  the  vote  for  tho  ratification  of  the  constitution. 

"The  result  of  those  elections  was  12.177  for  the  consti 
tution  and  •„  26  .igainst  it,  an  election  of  State  and  county 
Officers,  an  election  of  delegates  to  the  lower  house  of  Con 
gress,  and  a  representation  in  the  State  legislature  from 
forty-six  <,f  the  fifty-four  counties  of  the  State." 

The  number  of  persona  in  Arkansas  who  voted  for  Presi 
dent  in  1860  was  f>4,063,  less  than  one-fourth  of  whom  as 


first  elected,  and  they 


ppears  from  the  statement  of  tho  claimants,  took  part  in 
ho  reorganization  of  the  State  government.  This,  however, 
would  not  be  fatal  to  the  reorganization,  if  all  who  were 
loyal  to  the  Union  had  an  opportunity  to  participate,  and 
tne  Etato  was  free  from  military  control.  Such,  however, 
s  understood  not  to  have  been  the  case.  The  President 
had  not  then,  nor  has  ho  up  to  this  time,  recalled  his  proc 
lamation,  which  declared  the  inhabitants  of  Arkansas  in  a 
te  ol  insurrection  against  the  United  States,  nor  was 
tin-re  any  evidence  before  the  committee  that  said  insur 
rection  had  ceased  or  been  suppressed.  At  the  time  when 
the  l.o.ly  wliicli  chose  the  claimants  was  elected,  when  it  a-s- 
Bonibi.'d  ail(l  Ht  thirf  ti|||CS  t]|i.  gtate  0i-Al.kiins.lsjS))CC.1,I,il.(1 
le  armies,  which  exercise  supreme  authority  within 


the  districts  subject  to  their  control.  While  a  portion  of 
Arkansas  is  at  this  very  time,  as  the  committee  are  in 
formed,  in  the  actual  possession  and  subject  to  the  con 
trol  of  the  enemies  of  the  United  States,  other  parts  of  the 
State  are  only  held  in  subordination  to  the  laws  of  the 
Union  by  tho  strong  arm  of  military  power.  While  this 
state  of  things  continues,  and  the  right  to  exercise  armed 
authority  over  a  large  part  of  the  State  is  claimed  and  ex 
erted  by  the  military  power,  it  cannot  be  said  that  a  civil 
government,  set  up  and  continued  only  by  the  sufferance  of 
the  military,  is  that  republican  form  of  government  which 
tho  Constitution  requires  the  United  States  to  guarantee  to 
every  State  in  the  Union. 

When  the  rebellion  in  Arkansas  shall  have  been  so  far 
suppressed  that  the  loyal  inhabitants  thereof  shall  be  free 
to  re-establish  their  State  government  upon  a  republican 
foundation,  or  to  recognize  the  one  already  set  up,  and  by 
the  aid  and  not  in  subordination  to  the  military  to  main 
tain  the  same,  they  will  then,  and  not  before,  in  the  opin 
ion  of  your  committee,  be  entitled  to  a  representation  in 
Congress,  and  to  participate  in  the  administration  of  the 
Federal  Government.  Believing  that  such  a  state  of  things 
did  not  at  the  time  the  claimants  were  elected,  and  does 
not  now,  exist  in  the  State  of  Arkansas,  the  committee 
recommend  for  adoption  the  following  resolution  : 

Resolved,  That  William  M.  Fishback  and  Elisha  Baxter 
are  not  entitled  to  seats  as  Senators  from  the  State  of  Ar 
kansas. 

1864,  June  29 — The  resolution  of  the  Com 
mittee  on  the  Judiciary  was  adopted — yeas  27, 
nays  6,  as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Buckalew,  Carlile, 
Chandler,  Clark,  Cowan,  Davis,  Fessenden,  Foot,  Foster, 
Hale,  Harlan,  Harris,  McOovf/all,  Morgan,  Morrill,  Powell, 
Ramsey,  Riddle,  Salisbury,  Sherman,  Sumner,  Ten  Eyck, 
Trumbull,  Wade,  Wilkinson— 27. 

NAYS — Messrs.  Doolittle,  Hicks,  Howe,  Lane  of  Kansas, 
JVesmith,  Pomeroy — 6. 

Process  of  Reconstruction. 

In  ARKANSAS,  a  new  State  government  is  or 
ganized  with  Isaac  Murphy,  Governor,  who  was 
reported  to  have  received  nearly  16,000  votes 
at  a  called  election.  The  other  State  officers 
are 

Lieutenant  Governor,  C.  C.  Bliss;  Secretary  of  State,  R. 
J.  T.  White;  Auditor,  J.  B.  Berry;  Treasurer,  B.  D.  Ayers  ; 
Attorney  Gefneral,  C.  T.  Jordan;  Judges  of  the  Supreme 
Court,  T.  D.  W.  Yowley,  C.  A.  Harper,  E.  Baker. 

The  legislature  also  elected  Senators,  but 
neither  Senators  nor  Representatives  obtained 
their  seats. 

In  LOUISIANA,  a  free  State  government  has 
also  been  organized — Michael  Hahn,  Governor. 
The  clause  in  the  constitution  abolishing  slavery 
was  adopted  in  convention — yeas  72,  nays  13. 
The  legislature  is  prohibited  from  passing  any 
law  recognizing  the  right  of  property  in  slaves. 
At  the  election  for  Governor,  10,725  votes  were 
polled  ;  one  parish,  (Terrebonne,)  630  votes,  not 
in  the  official  count.  J.  Madison  Wells  is  Lieu 
tenant  Governor;  Stanislaus  Wrotnowski,  Secre 
tary  of  Sate  ;  J.  G.  Beldcn,  Treasurer ;  B.  L. 
Lynch,  Attorney  General ;  A.  P.  Dost;e,  Audi 
tor ;  John  McNair,  School  Superintendent. 

In  VIRGINIA,  the  constitutional  convention, 
recently  in  session  in  Alexandria,  abolished 
slavery — yeas  13,  nays  1,  as  follows: 

YEAS — Messrs.  Beach,  Boush,  Downey,  Dix,  Edwards,  Go- 
ver,  Henshaw,  Hawxhurst,  Peiin,  Thomas,  Tennis,  Wood, 
WatUins  13. 

NAY.S— Mr.  Moore. 

IN    LOUISIANA. 

1863,  June  19 — The  President  wrote  this  let 
ter : 

EXECUTIVE  MANSION, 
WASHINGTON,  June  19,  1863. 
GENTLEMEN  :   Since  receiving  your  letter,  re 
liable   information  has   reached  me  that  a  re- 


322 


RECONSTRUCTION   OF   STATES. 


epectable  portion  of  the  Louisiana  people  desire 
to  amend  their  State  constitution,  and  contem 
plate  holding  a  convention  for  that  object. 
This  fact  alone,  it  seems  to  me,  is  a  sufficient 
reason  why  the  General  Government  should  not 
give  the  committee  the  authority  you  seek,  to 
act  under  the  existing  State  constitution.  I 
may  add,  that  while  I  do  not  perceive  how  such 
a  committee  could  facilitate  our  military  opera 
tions  in  Louisiana,  I  really  apprehend  it  might 
be  so  used  as  to  embarrass  them. 

As  to  an  election  to  be  held  in  November, 
there  is  abundant  time  without  any  order  or 
proclamation  from  me  just  now.  The  people  of 
Louisiana  shall  not  lack  an  opportunity  for  a 
fair  election  for  both  Federal  and  State  officers 
by  want  of  anything  within  my  power  to  give 
them. 

Your  obedient  servant,  A.  LINCOLN. 

IN  ARKANSAS. 

EXECUTIVE  MANSION, 
WASHINGTON,  January  20,  1864. 
Major  General  STEELE:  Sundry  citizens  of 
the  State  of  Arkansas  petition  me  that  an  elec 
tion  may  be  held  in  that  State,  at  which  to 
elect  a  Governor ;  that  it  be  assumed  at  that 
election,  and  thenceforward,  that  the  constitu 
tion  and  laws  of  the  State,  as  before  the  rebel 
lion,  are  in  full  force,  except  that  the  constitu 
tion  is  BO  modified  as  to  declare  that  there  shall 
be  neither  rilavery  nor  involuntary  servitude, 
except  in  the  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted  ;  that 
the  General  Assembly  may  make  such  provi 
sions  for  the  freed  people  as  shall  recognize 
and  declare  their  permanent  freedom,  and  pro 
vide  for  their  education,  and  which  may  yet  be 
construed  as  a  temporary  arrangement,  suitable 
to  their  present  condition  as  a  laboring,  land 
less,  and  homeless  class ;  that  said  election 
shall  be  held  on  the  28th  March,  1864,  at  al 
the  usual  places  of  the  State,  for  all  such  voters 
as  may  attend  for  that  purpose  ;  that  the  voters 
attending  at  each  place  at  eight  o'clock  in  the 
morning  of  said  day  may  choose  judges  and 
clerks  of  election  for  that  purpose  ;  ^that  al 
persons  qualified  by  said  constitution  anc 
laws,  and  taking  the  oath  presented  in  th 
President's  proclamation  of  December  8,  1863 
either  before  or  at  the  election,  and  none  others 
may  be  voters  ;  that  each  set  of  judges  and 
clerks  may  make  returns  directly  to  you  on  o 

before  the day  of next ;  that  in 

all  other  respects  said  election  may  be  con 
ducted  according  to  said  modified  constitution 
and  laws  ;  that,  on  receipt  of  said  returns 
when  5,406  votes  shall  have  been  cast,  you  cai 
receive  said  votes  and  ascertain  all  who  shal 
thereby  appear  to  have  been  elected;  that 

on   tbe day  of  next,  all  person 

so  appearing  to  have  been  elected,  who  shal 
appear  before  you  at  Little  Rock  and  take  th 
oath,  to  be  by  y/m  severally  administered,  t 
support  the  Constitution  of  the  United  State 
and  the  modified  constitution  of  the  State  o 
Arkansas,  shall  be  declared  by  you  qualifie 
and  empowered  to  immediately  enter  upon  th 
duties  of  the  offices  to  which  they  shall  hav 
respectively  elected. 


You  will  please  order  an  election  to  take 
lace  on  the  28th  of  March,  1864,  and  returns 
o  be  made  in  fifteen  days  thereafter. 

A.  LINCOLN. 

WASHINGTON,  February  18,  1864. 
o  WILLIAM  M.  FISHBACK  : 

When  I  formed  a  plan  for  an  election  in  Ar- 
ansas,  I  did  it  in  ignorance  that  your  conven- 
lon  was  at  the  same  work.  Since  I  learned 
he  latter  fact,  I  have  been  constantly  trying  to 
ield  my  plan  to  them.  I  have  sent  two  letters 
o  General  Steele,  and  three  or  four  dispatches 
o  you  and  others,  saying  that  he  (General 
Ueele)  must  be  master,  but  that  it  will  proba- 
ly  be  best  for  kirn  to  keep  the  convention  on 
ts  own  plan.  Some  single  mind  must  be  mas- 
er,  else  there  will  be  no  agreement  on  anything, 
and  General  Steele,  commanding  the  military 
ind  being  on  the  ground,  is  the  best  man  to  be 
hat  master.  Even  now  citizens  are  telegraph- 
ng  me  to  postpone  the  election  to  a  later  day 
han  either  affixed  by  the  convention  or  me. 
This  discord  must  be  silenced. 

A.  LINCOLN. 

RELATIONS  OF    THE    REBELLIOUS    STATES    TO    THIS 
GOVERNMENT. 

IN  SENATE. 
Second  Session,  Thirty-Seventh  Congress. 

1862,  Feb.  11 — Mr.  SUMNER  offered  the  fol- 
owing  resolutions: 
Resolutions  declaratory  of  the  relations  between  the  United 

States  and  the  territory   once  occupied  by  certain  States, 

and  now  usurped  by  pretended  governments,  without 

constitutional  or  legal  i  ight. 

Whereas  certain  States,  rightfully  belonging  to  the  Union 
3f  the  United  States,  have  through  their  respective  govern 
ments  wickedly  undertaken  to  abjure  all  those  duties  by 
which  their  connection  with  the  Union  was  maintained  ;  to 
renounce  all  allegiance  to  the  Constitution  ;  to  levy  war 
ipon  the  national  Government ;  and,  for  the  consummation 
of  this  treason,  have  unconstitutionally  and  unlawfully  con 
federated  together,  with  the  declared  purpose  of  putting 
an  end  by  force  to  the  supremacy  of  the  Constitution  within 
their  respective  limits  ;  and  whereas  this  condition  of  in 
surrection,  organized  by  pretended  governments,  openly 
exists  in  South  Carolina,  Georgia,  Florida,  Alabama,  Missis 
sippi  Louisiana,  Toxas,  Arkansas,  Tennessee,  and  Virginia, 
except  in  Eastern  Tennessee  and  Western  Virginia,  and  has, 
been  declared  by  the  President  of  the  United  States,  in  & 
proclamation  duly  made  in  conformity  with  an  act  of  Con- 
gress,  to  exist  throughout  this  territory,  with  the  excep 
tions  already  named ;  and  whereas  the  extensive  territory 
thus  usurped  by  these  pretended  governments  and  organ 
ized  into  a  hostile  confederation,  belongs  to  the  United 
St-ites  as  an  inseparable  part  thereof,  under  the  sanctions 
of  the' Constitution,  t »  be  held  in  trust  for  the  inhabitants 
in  the  present  and  future  generations,  and  is  so  completely 
interlinked  with  the  Union  that  it  is  forever  dependent 
thereupon  ;  and  whereas  the  Constitution,  which  is  the  su 
premo  law  of  the  land,  cannot  be  displaced  in  its  rightftll 
(mention  within  this  territory,  but  must  ever  continue  the 
supreme  law  thereof,  notwithstanding  the  doings  of  any 
pretended  governments  acting  singly  or  in  confederation, 
in  order  to' put  an  end  to  it?  supremacy  :  Therefore— 

1.  Resohtd,  That  any  vote  of  secession  or  other  act  by 
which  any  State  may  undertake  to  put  an  end  to   the 
supremacy  of  the  Constitution  within  its  territory  ia  in 
operative  and  void  against  the  Constitution,  and  when  uns 
tained  liv  force  it  becomes  a  practical  abdication  b.v  the 
State  of  all  rights  under  the  Constitution,  while  the  treason 
which  it  involves  still  further  works  an  instant  for/dHire 
of  all  those  functions  and  powers  essential  to  th<>  continued 
existence  of  the  State  as  a  body  politic,  so  that  from  that 
time  forward  the  territory  falls  under  the  exclusive  juris 
diction  of  O.T. "n>ss  as  other  territory,  and  the  State  being, 
according  to  the  language  of  the  law,  felo-de.-se,  ceases 

2.  That  any  combination  of  men  assuming  to  act  in  tin* 
place  of  such  State,  attempting  to  insnare  or  coerce  tno  in- 


RECONSTRUCTION   OF   STATES. 


323 


habitants  thereof  intc  a  confederation  hostile  to  the  Union  is 
rebellious,  treasonable,  and  destitute  of  all  moral  authority; 
and  that  such  combination  is  a  usurpation  incapable  of  any 
constitutional  existence  and  utterly  lawless,  so  that  every 
thing  dependent  upon  it  is  without  constitutional  or  legal 
rapport. 

3.  That  the  termination  of  a  State  under  the  Constitution 
•necessarily  causes  the  termination  of  those  peculiar  local 
institutions  which,  having  no  origin  in  the  Constitution  or 
in  those  natural  rights  which  exist  independent  of  the  Con 
stitution,  are  upheld  by  the  sole  and  exclusive  authority  of 
the  SttttH. 

4.  That  slavery,  being  a  peculiar  local  institution,  derived 
from  local  laws,  without  any  origin  in  the  Constitution  or  in 
natural  rights,  is  uphold  by  the  sole  and  exclusive  authority 
of  th«  State,  and  must  therefore  cease  to  exist  legally  or 
constitutionally  whon  the  State  on  which  it  depends  no 
longer  exists:  for  tho  incident  cannot  survive  the  principal. 

5.  That  in  the  exercise  of  its  exclusive  jurisdiction  over 
the  territory  once  occupied  by  the  States,  it  is  the  duty  of 
Congress  to  see  that  the  supremacy  of  the  Constitution  is 
maintained  in  its  essential  principles,  so  that  everywhere  in 
this  extensive  territory  slavery  shall  cease  to  exist  practi 
cally,  as  it  has  already  ceased  to  exist  constitutionally  or 
legally. 

6.  That  any  recognition  of  slavery  in  such  territory,  or 
any  surrender  of  slaves  under  the  pretended  laws  of  the 
extinct  States  by  any  officer  of  the  United  States,  civil  or 
military,  is  a  recognition  of  the  pretended  governments,  to 
the   exclusion  of  the  jurisdiction  of  Congress  under  the 
Constitution,  and  is  in  the  nature  of  aid  and  comfort  to  the 
rebellion  that  has  been  organized. 

7.  That  any  such  recognition  of  slavery  or  surrender  of 
pretended  slaves,  besides  being  a  recognition  of  the  pre 
tended  governments,  giving  them  aid  and  comfort,  is  a  de 
nial  of  the  rights  of  persons  who,  by  the  extinction  of  the 
States  have  become  free,  so  that  under  tho  Constitution, 
they  cannot  again  be  enslaved. 

8.  That  allegiance  from  the  inhabitant  and  protection 
from  the  Government  are  corresponding  obligations,  depend 
ent  upon  each  other,  so  that  while  the  allegiance  of  every 
inhabitant  of  this  territory,  without  distinction  of  color  or 
class,  is  duo  to  the  United  States,  and  cannot  in  any  way  be 
defeated  by  the  action  of  any  pretended  Government,  or  by 
any  pretence  of  property  or  claim  to  service,  the  correspond 
ing  obligation  of  protection  is  at  the  same  time  due  by  the 
United  States  to  every  such  inhabitant,  without  distinction 
of  color  or  class ;  and  it  follows  that  inhabitants  held  as 
slaves,  whose  paramount  allegiance  is  due  to  the  United 
States,  may  justly   look  to  the  national  Government  for 
protection. 

9.  That  the  duty  directly  cast  upon  Congress  by  the  ex 
tinction  of  the  States  is  reinforced  by  the  positive  prohibi 
tion  of  the  Constitution  that  "no  State  shall  enter  into  any 
confederation,"  or  "without  the  consent  of  Congress  keep 
troops  or  ships-of-war  in  time  of  peace,  or  enter  into  any 
agreement  or  compact  with  another  State,"  or  "  grant  let- 
lers  of  marque  and  reprisal,"  or  "coin  money,"  or  " emit 
bills  of  credit,"  or  "  without  the  consent  of  Congress  lay  any 
duties  on  imports  or  exports,"  all  of  which  have  been  done 
by  these  pretended  governments,  and  also  by  the  positive 
injunction  of  the  Constitution,  addressed  to  the  nation,  that 
"  the  United  States  shall  guaranty  to  every  State  in  this 
Union  a  republican  form  of  government;"  and  that  in  pur 
suance  of  this  duty  cast  upon  Congress,  and  further  enjoined 
by  the  Constitution,  Congress  will  assume  complete  juris 
diction  of  such  vacated  territory  where  such  unconstitu 
tional  and  illegal  things  have  been  attempted,  and  will 
proceed  to  establish  therein  republican  forms  of  government 
under  the  Constitution ;  and  in  the  execution  of  this  trust 
will  provide  carefully  for  the  protection  of  all  the  inhabi 
tants  thereof,  for  the  security  of  families,  the  organization 
of  labor,  the  encouragement  of  industry,  and  the  welfare  of 
society,  and  will  in  every  way  discharge  the  duties  of  a  just, 
merciful,  and  paternal  Government. 

Feb.   13 — Mr.  GARRETT  DAVIS  offered  these 
resolutions : 

1.  Resolved,  That  the  Constitution  of  the  United  States 
is  the  fundamental  law  of  the  Government,  and  the  powers 
established  and  granted,  and  as  parted  out  and  vested  by  it, 
the  limitations  and  restrictions  which  it  imposes  upon'the 
legislative,  executive,  and  judicial  departments,  and  the 
States,  and  the  rights,  privileges,  and  liberties  which  it  as- 
Biirc.s  to  thn  people  of  the  United  States,  and  the  States  re 
spectively,  are  fixed,  permanent,  and  immutable  through 
all  the  phases  of  peace  and  war,  until  changed  by  the  power 
and  in  the  mode  prescribed  by  the  Constitution  itself;  and 
they  cnnnot  be  abrogated,  restricted,  enlarged,  or  differently 
apportioned,  or  vested,  by  any  other  power,  or  in  any  other 
mode. 

2.  That  between  the  Government  and  the  citizen  the  ob- 
liaration  of  protection  and  obedience  form  mutual  rights  and 


obligations ;  and  to  enable  every  citizen  to  perform  his  ob 
ligations  of  obedience  and  loyalty  to  the  Government  it 
should  give  him  reasonable  protection  and  security  in  such 
performance;  and  when  the  Government  fails  in  that  re 
spect,  for  it  to  hold  tho  citizen  to  be  criminal  la  not  per 
forming  his  duties  of  loyalty  and  obedience  would  be  un 
just,  inhuman,  and  an  outrage  upon  this  age  of  Christian 
civilization. 

3.  That  if  any  powers  of  the  Constitution  or  Government 
of  the  United  States,  or  of  the  States,  or  any  rights,  privi 
leges,  immunities,  and  liberties  of  the  people  of  the  United 
States,  or  tho  States,  are,  or  may  hereafter  be,  suspended  by 
the  existence  of  this  war,  or  by  any  promulgation  of  mar 
tial  law,  or  by  the  suspension  of  the  writ  of  habeas  corpus, 
immediately  upon  the  termination  of  the  war  such  powers, 
rights,  privileges,  immunities,  and  liberties  would  be  re 
sumed,  and  would  have  force  and  effect  as  though  they  had 
not  been  suspended. 

4.  That  the  duty  of  Congress  to  guarantee  to  every  State 
a  republican  form  of  government,  to  protect  each  of  them 
against  invasion,  and,  on  the  application  of  the  legislature 
or  executive  thereof,  against  domestic  violence,  and  to  en 
force  the  authority,  Constitution,  and  laws  of  the  United 
States  in  all  the  States,  are  constitutional  obligations  which 
abide  all  times  and  circumstances. 

5.  That  no  State  can,  by  any  vote  of  secession,  or  by  re 
bellion  against  the  authority,  Constitution,  and  laws  of  the 
United  States,  or  by  any  other  act,  abdicate  her  rights  or 
obligations  under  that  Constitution  or  those  laws,  or  absolve 
her  people  from  their  obedience  to  them,  or  the  United 
States  from  their  obligation  to  guarantee  to  such  State  a  re 
publican  form  of  government,  and  to  protect  her  people  by 
causing  the  due  enforcement  within  her  territories  of  the 
authority,  Constitution,  and  laws  of  the  United  States. 

6.  That  there  cannot  be  any  forfeiture  or  confiscation  of 
the  rights  of  person  or  property  of  any  citizen  of  the  United 
States  who  is  loyal  and  obedient  to  the  authority,  Constitu 
tion  and  the  laws  thereof,  or  of  any  person  whatsoever,  un 
less  for  acts  which  the  law  has  previously  declared  to  be 
criminal,  and  for  the  punishment  of  which  it  has  provided 
such  forfeiture  or  confiscation. 

7.  That  it  is  the  duty  of  the  United  States  to  subdue  and 
punish  the  existing  rebellion  by  force  of  arms  and  civil 
trials  in  the  shortest  practicable  time,  and  with  the  least 
cost  to  the  people,  but  so  decisively  and  thoroughly  as  to 
impress  upon  the  present  and  future  generations  as  a  great 
truth  that  rebellion,  except  for  grievous  oppression  of  gov 
ernment,  will  bring  upon  the  rebels  incomparably  more  of 
ev.l  than  obedienee  to  tho  Constitution  and  the  laws. 

8.  That  the  United  States  Government  should  march  their 
armies  into  all  the  insurgent  States,  and  promptly   put 
down  the  military  power  which  they  have  arrayed  against 
it,  and  give  protection  and  security  to  the  loyal  men  there 
of,  to  enable  them  to  reconstruct  their  legitimate  State  gov 
ernments,  and  bring  them  and  the  people  back  to  the  Union 
and  to  obedience  and  duty  under  the  Constitution  and  the 
laws  of  the  United  States,  bearing  the  sword  in  one  hand 
aud  the  olive  branch  in  the  other,  and  whilst  inflicting  on 
the  guilty  leaders  condign    and  exemplary  punishment, 
granting  amnesty  and  oblivion  to  the  comparatively  inno 
cent  masses  ;  and  if  the  people  of  any  State  cannot,  or  will 
not,  reconstruct  their  State  government  and  return  to  loy 
alty  and  duty,  Congress  should  provide  a  government  for 
such  State  as  a  territory  of  the  United  States,  securing  to 
the  people  thereof  their  appropriate  constitutional  rights. 

1862,  June  11— Mr.  DIXON  offered  this  reso 
lution  : 

Resolved,  That  all  acts  or  ordinances  of  secession,  alleged 
to  have  been  adopted  by  any  legislature  or  convention  of 
the  people  of  any  State,  are,  as  to  the  Federal  Union,  abso 
lutely  null  and  void  ;  and  that  while  such  acts  may  and 
do  subject  the  individual  actors  therein  to  forfeitures  and 
penalties,  they  do  not,  in  any  degree,  affect  the  relations  of 
the  State  wherein  they  purport  to  have  been  adopted  tc 
the  Government  of  the  United  States,  but  are  as  to  such 
Government  acts  of  rebellion,  insurrection,  and  hostility, 
on  the  part  of  the  individuals  engaged  therein,  or  giving 
assent  thereto  ;  and  that  such  States  are,  notwithstanding 
such  acts  or  ordinances,  members  of  the  Federal  Union, 
and  as  such  are  subject  to  all  the  obligations  aud  duties  im 
posed  upon  them  by  the  Constitution  of  the  United  States ; 
and  the  loyal  citizens  of  such  States  are  entitled  to  all  tho 
rights  and  privileges  thereby  guarantied  or  conferred. 

IN  HOUSE. 

1862,  May  26 — Mr.  WICKLIFFE  presented 
these  resolutions  : 

Resolved,  That  the  Constitution,  and  the  laws  of  the  Uni 
ted  States  made  in  pursuance  thereof,  and  all  treaties  made 
under  the  authority  of  the  United  States,  are  tho  supreme 
law  of  the  land  in  time  of  war  or  rebellion,  as  well  as  in 


324 


RECONSTRUCTION   OP   STATES. 


time  of  peace,  anything  in  the  constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding. 

2.  The  right  to  disregard  and  violate  the  Constitution,  or 
any  part  thereof,  by  cither  of  the  departments  of  the  Gov 
ernment,  does  not  exist  any  more  in  time  of  war  or  rebel 
lion  than  in  time  of  peace. 

3.  That  the  powers  vested  in  Congress  by  the  Constitu 
tion  of  the  United  States  arc  not  enlarged  by  a  state  of  war, 
but  a  re  ample  and  full   to  enable  the  Government  to  sup 
press  a  rebellion,  or  to  prosecute  a  war,  without  the  exer 
cise  of  powers  not  granted  therein. 

4.  A  disregard  of  the  provisions  of  the  Constitution,  un 
der  the  plea  of  necessity,  by   Congress,  is  dangerous  to  free 
government,  and  ultimately  will  make  it  a  despotism  if 
controlled  by  an   unprincipled   majority,  dangerous  to  pri 
vate  rights  and  destructive  of  public  liberty. 

5.  That  no  State  has  the  right,  by  any  act,  ordinance,  or 
law,  to  absolve  itself  or  any  citizens  from  their  obligations 
and  duties  imposed  bv  the  Constitutio  i  of  lh"  United  States. 

6.  A  rebellion  and  open  resistance  to  the  Constitution  and 
the  laws  of  the  United  States  made  in  pursuance  thereof, 
cannot  abrogate  the  same;  but  during  such  rebellion  and 
resistance  the  rights  and  powers  of  *he  Constitution  do  ex 
tend  to  the  citizen  in  every  portion  of  the  United  States, 
and  the  right  and  power  of  the  Government,  though  ol>- 
Btnicted,  are  not  destroyed.     And  when  that  obstruction 
shall  be  overcome,  the  State  governments  and  the  citizens 
thereof  are  restored  to  all  the  rights  and  privileges  secured 
by  the  Constitution. 

7.  That  open  and  forcible  resistance,  by  arms,  by   the 
citizens  of  any  portion  of  the  United  States  is  treason,  to  be 
punished  as  such  by  the  power  of  the  Government  under 
the  provisions  and  limitations  of  the  Constitution. 

8.  That  a  citizen  not  engaged  in  actual  war,  but  who  re 
sides  within  the  territory  of  a  de  facto  Government,  which 
is  in  rebellion  and  at  w;tr  with  the  United  States,  is  not 
guilty  of  treason  by  obeying  the  orders  of  such  de  facto 
Government,  or  by  contributing  to  its  support. 

9.  That  neither  the  Executive  nor  military  has  the  right 
to  seize  the  property  of  a  non-combatant  in  any  of  the 
seceded  States,  and  confiscate  the  same,  evon  under  the 
authority  of  an  act  of  Congress.    "  No  person  shall  be  de 
prived  of  life,  liberty,  or  property,  without  duo  process  of 
law,"  is  the  language  of  the  Constitution.    Therefore,  all 
wholesale  bills  confiscating  estates,  or  property  of  any  kind, 
whether  lands,  slaves,  or  chattels,  are  in  violation  of  the 
laws  of  Christian  warfare,  and  forbidden  by  the  Constitution 
of  the  United  States. 

Third  Session,  Thirty-Seventh  Congress. 
18G3,  January  8 — Mr.  CLEMENTS  offered  this 
resolution,  which  went  over  : 

Resolved,  That  the  acts  of  secession  claiming  to  have  been 
passed  by  a  part  of  the  people  of  a  part  of  the  States  of 
this  Government  were  null  and  void,  and  of  no  effect ;  and 
that  the  State  Constitutions  and  laws  of  the  States  so  claim 
ing  to  have  seceded  are  the  same  as  they  were  previous  to 
eaidacts;  they  have  not  committed  State  suicide,  for  their 
Constitutions  and  laws  still  exist  in  the  loyal  people. 

IN  SENATE. 

First  Session,  Thirty-Eighth  Congress. 
1864,  Jan.  5 — Mr.    GARRETT   DAVIS   offered 
these  resolutions : 

1.  Resolved,  That  the  Government  of  the  United  States 
was  established  by  the  people  of  States  which  before  had 
been    separate,    sovereign,    and    independent ;   and   they 
formed  their  common  national  Government  by  a  written 
Constitution,  and  delegated  to  it  so  much  of  their  sover 
eign  political  power  as  they  adjudged  to  be  necessary  and 
proper  to  enable  it  to  manage  all  their  affairs  with  foreign 
nations  and  among  the  several   States;  and,   both  by  its 
loading  principle  and  express  provision,  they  reserved  "to 
the  States,  respectively,  or  to  the  people,"  "all  powers  not 
delegated  to  the  United  States,  nor  prohibited  by  it  to  the 
States.'' 

2.  That  our  system  consists  of  a  limited   national  Gov 
ernment  for.  the  whole  United  States,  of  supreme  authority 
as  to  nit  the  powers  with   which  the  Constitution  has  in 
vested  it,  and  State  governments  for  each  State,  formed  by 
the  people  thereof,  amKholding  the  entire  residuum  of  po 
litical   sovereignty   within   their    respective    States— each 
government,  within  its  sphere,  being  alike  supreme:  and 
as  the  governors,  and  all  other  civil  and  military  officers  of 
the  States,  :us  other  individuals,  may  commit  treason  against 
the  United  States,  "  by  levying  war  against  them,  or  in  ad 
hering  to  their  enemies,  giving  them  aid  and  comfort,"  so 
the  Pr-sident  of  the  United  States,  and  the  civil   and  mili 
tary  officers  thereof,  may  commit  treason  against  any  State 
whose  government  is  iu  the  performance  of  its  duties  under 


the  Federal  Constitution,  by  levying  war  against  it,  or 
in  adhering  to  its  enemies,  giving  them  aid  and  comfort,  as 
resisting  with  au  armed  force  the  execution  of  its  laws,  or 
adhering  to  such  armed  force,  giving  it  aid  and  comfort. 

3.  That  iu  all  the  States,  and  parts  of  States,  where  the 
laws  of  the  United  States  and  the  States  can  be  executed, 
the  military  authorities  should  not  be  brought  into  conflict 
with  the  civil  power,  but  should  be  strictly  held  to  be,  as 
they  rightfully  are,  in  subordination  to  it. 

4.  That  all  elections  to  civil  offices,  Federal  or  State,  should 
be  in  strict  accordance  with  the  Constitution  and  laws  or 
the  United  States  and  of  the  States,  respectively,  and  be 
understood  by  officers  appointed  by  the  proper  authorities 
for  that  purpose;  and  where  from  the  presence  or  appre 
hension  of  force,  violence,  or  other  cause,  any  election  can 
not  be  ao  conducted,  it  ought  not  to  be  held  at  all ;  and 
every  election  at  which  any  military  force  may  interfere  by 
imposing  additional  oaths  or  qualification!  for  the  electors, 
or  regulations  for  conducting  the  said  election,  or  by  chang 
ing  or  modifying  the  oaths  and  qualifications  of  the  electors, 
or  regulations  to  govern  it,  provided  as  by  law,  or  to  con 
strain,  control,  or  direct  the  officers  of  such  election  in  con 
ducting  it,  should  be  held  to  be  void  and  of  no  effect. 

ft.  That  the  experience  of  the  world  proves  that  therecan 
be  neither  security  nor  liberty  in  any  country  without  wise 
and  just  laws,  firmly  sustained  and  uniformly  executed; 
that  this  is  the  life,  the  spirit,  the  soul  of  the  nation ;  and 
nil  neglect  and  departures  from  law,  and  particularly  from, 
constitutional  law,  by  agents  appointed  to  administer  it, 
"i  though  sometimes  attended  with  seeming  advantage,  are 
sure  to  produce  always,  sooner  or  later,  much  greater  and 
more  enduring  mischief:  wherefore,  disregard  of  law  by 
such  agents  is  never  tolerated  by  a  wise  and  free  people. 

6.  That  the  powers  of  the  Government  of  the  United 
States  are  derived  wholly  from,  and  limited  by  the  Consti 
tution,  and  by  it  are  divided  into  legislative,  executive,  and 
judicial;  and  each  class  of  those  powers  is  vested  in  a  sep 
arate  department ;  that  the  President  is  the  chief  of  the  ex 
ecutive  department,  and  has  no  legislative  or  judicial  power 
whatever,  and  only  such  executive  powers  as  are  enumer 
ated  in  the  second  and  third  sections  of  the  second  article 
of  the  Constitution,  and  such  other  powers  as  may  be,  from 
time  to  time,  conferred  upon  him  by  Congress  in  virtue  of 
this  provision:  ''Congress  shall  have  power  to  make  all 
laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  <'//  other  jwn-ers  vested 
by  this  Constitution  in  the  Government  of  the  United  States, 
or  any  department  or  officer  thereof." 

7.  That  the  President  cannot  be  divested  of  any  powers 
with  which  he  is  directly  invested  by  the  Constitution,  nor 
controlled  or  interfered  with  in  their  execution,  but  all 
powers  conferred  on  him  by  law  of  Congress  he  holds  in 
subordination   to  that  department,  which  may  supervise, 
modify,  and  correct  his  execution  of  them,  or  resume  them, 
by  repealing  the  laws  intrusting  their  execution  to  him. 

8.  That  the  power  of  the  President  to  recognize  the  exist 
ence  of  a  state  of  case  amounting  to  -'an  invasion,  or  immi 
nent  danger  of  an  invasion,  of  the  United  States,"  or  "  in 
surrection  in  any  State  against  the  government  thereof," 
or  "obstruction  to  the  execution  of  the  laws  of  the  United 
States  by  combinations  too  powerful  to  be  suppressed  by 
the  ordinary  course  of  judicial  proceedings,"  and  to  call 
forth  the  military  power  to  meet  such  conditions,  is  con 
ferred  on  him  by  the  laws  of  Congress ;  and  the  repeal  of 
those  laws  would  withdraw  from  the  President  all  that 

9.  That  Congress  is  invested  with  the  power  "  to  lay  and 
collect  taxes,  duties,  imposts,  and  excises,  to  pay  the  debts 
and  provide  for  the  common  defence  and  general  welfare  of 
the  United  States,"  "to  declare  war,  grant  Letters  of  marque 
and  reprisal,  and  make  rules  concerning  captures  on  land 
and  water,"  "  to  raise  and  support  armies,"  "  to  provide  and 
maintain  a  navy,"  "to  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  Union,  suppress  Insurrections,  and 
repel  invasions,"  "to  provide  for  arming,  organizing,  and 
disciplining  the  militia,  and  governing  Mich  part  of  them  a* 
may  be  employed  in  the  service  of  the  United  States,"  "to 

j  guarantee  to  every  State  in  the  Union  a  republican  form  ot 
I  government,  and  to  protect  each  of  them  against  invasion  :" 
and  thus  the  entire  war  power  and  >[uasi  war  poio-r,  fxl.tr- 
'  nttl  and  internal,  of  the  Government,  is  vested  by  the  ton- 
•  stitution  in  Congress,  and  no  part  of  it  whatever  in  the 
j  President. 

10.  That  whenever  there  is  an  insurrection  in  the  United 
j  States,  Congress  is  vested  with  tlu  power  to  sup^r^s  it,  and 

with  no  other  power  whatever  over  the  insurrection ;  and 
when  it  is  suppressed,  cither  by  the  arms  of  the  United 
States  or  by  tho  submission  of  the  insurgouts  to  the  Consti 
tution,  laws,  and  authorities  thereof,  thereupon  the  power 
of  Congress  over  the  whole  subject  is  exhausted,  and  the 
insurgents  are  immediately  remitted  to  all  the  riyhts  pnv- 
ilr  <>s,  liberties,  and  duties  of  citizens,  subject  to  such  loi 
,  feiture  thereof  as  may  have  been  (ttCJpnu  by  law,  alter  it 
j  shall  have  been  adjudged  by  the  civil  court*  iu  tho  uioda 


RECONSTRUCTION   OF   STATES. 


325 


prescribed  by  the  Constitution ;  and  Congress,  much  less  means  of  courts-martial,  provost  marshals,  and  military 
the  President,  has  no  power  to  impose  upon  them  any  other  forces,  governed  neither  by  law,  principles,  nor  rules,  from 
terms  or  conditions.  whose  tyranny  and  oppressions  no  man  can  claim  immunity; 

11.  That  the  whole  power  and  duty  of  the  President,  in     all  of  wliich  must  be  repudiated  and  swept  away  by  the 
the  existing  insurrection,  is  to  grant  pardons  to  those  en-    sovereign  people. 

red  in  it,  and,  as  Commander-in-Ohief  of  the  Army  and  15.  That  a  free  press,  free  speech,  and  free  elections  are 
vv  to  direct  tluir  operations  for  its  suppression  :  and  as  the  great  and  peaceful  forces  by  which  the  mal-administra- 
such/his  powers  are  strictly  military,  and  are  not  different  tion  of  our  Government,  whether  in  the  legislative  or  ex- 
or  greater  than  would  b«  those  of  the  senior  general  iu  the  j  ecutive  departments,  is  prevented,  reformed,  and  reversed, 
service,  if  the  Constitution  had  designated  him  to  be  the  I  and  its  authors  brought  to  public  condemnation  and  pun- 
Commander-in-C/tief:  the  power  to  devise  a  policy  or  mea-  |  ishment;  and  these  bulwarks  of  constitutional  Government 
sures  for  its  suppression  is  legislative,  to  which  the  Presi-  \  and  popular  liberty  are  formidable  to  malversators,  usur- 
dent  is  incompetent,  whether  as  the  first  executive  officer  ' 
of  tho  Government,  or  Commaudor-iu-Chief  of  the  Army  and 


Navy. 
12.  That  the  law  of  military  • 


it'i  is  not  established, 


but  only  tolerated,  in  the  United  States.  It  does  not,  nor 
cannot,  in  po:ici>  or  war  abrogate  or  suspend  the  Constitu 
tion  in  whole  or  in  part.  It  cannot  authorize  arbitrary  ar 
rests  and  imprisonment,  or  in  any  way  interfere  with  the 
person  of  the  citizen,  but  only  with  his  property.  It  does 
not  appertain  to  the  President,  or  to  the  Quninander-in- 
rfn'ef,  unless  he  be  in  the  actual  command  of  a  military 
force,  and  then  only  under  particular  circumstances.  It 
results  from  a  present  and  urgent  need  of  an  army  or  mili 
tary  corps,  which  is  so  pressing  that  it  cannot  await  other 
modes,  but  must  be  supplied  anywhere  within  its  reach  by 
its  own  power  and  action.  It  is  not  an  expediency,  but  a 
necessity  of  u  military  body,  and  creates  a  law  and  confers 
;\  power,  for  the  occasion  only,  on  its  commander,  of  what 
ever  grade  he  may  be,  to  supply  that  necessity  by  talcing 
property  with  summary  military  force,  without  depriving 
the  owner  of  his  right  to  bo  compensated  for  it  by  the  Uni 
ted  Stiites.  Each  case  of  military  necessity  makes  its  own 
law,  adapted  to  its  own  peculiar  circumstances,  and  expir 
ing  with  that  particular  necessity.  There  is  not,  and  can 
not  be,  any  uniform,  permanent,  or  even  continuing  law  of 
military  necessity.  The  idea  that  a  law  always  accidental, 
evanescent,  and,  in  truth,  f;o  inconsiderable,  should  have 
the  magic  force  to  enable  Abraham  Lincoln  to  bound  over 
the  Constitution  and  all  its  limitations  and  restrictions,  and 
clutch  the  vast  powers  which  he  claims  under  it,  is  a  gi- 
-juntic  absurdity. 

13.  That  at  the  beginning  of  the  war,  under  the  panic  oi 
the  defeat  of  Bull  llmi,  the  party  in  power  professed  to  car 
ry  it  on  for  the  Constitution,  and  t'j  put  down  the  rebellion, 
and  vindicate  the  laws  and  authority  of  the  United  States 
in  the  insurgent  States,  and  when  that  was  effected  it  was 
to  cease.     But  more  than  a  year  ijgo  another,  and  a  para 
mount  and   unconstitutional  one,  the  total  subversion  of 
slavery  was  inaugurated  by  them  ;  and  at  length,  to  carry 
on  the  war  in  this  augmented  and  perverted  form,  the  an 
nual  expenditure,   01  the  part  of  the  United  States,  has 
swollen  to  one   hundred  thousand  lives,  a  much   larger 
amount  of  personal  disability,  and  a  thousand  millions  of 
money,  and  yet  the  widest  cannot  see  the  end  of  the  war; 
verily,  the  people  north,  and  people  south,  ought  to  revolt 
against  their  war-leaders,  and  tako  this  great  matter  into 
their  own  hands;  and  elect  members  to  a  national  conven 
tion  of  all  l.he  States,  to  terminate  i\  war  that  is  enrkhing 
hundreds  of  thousands  of  officers,  plunderers,  arid  spoilsmen 
in  the  loyal  States,  ;ind  threatens  the  masses  of  both  rec- 
tims  with  irretrievable  bankruptcy  and  indefinite  slaugh 
ter  ;  and   to  restore  their  Union  and  common  government 
upon  the  great  principles  of  liberty  and  compromise,  de 
vised  by  Washington  and  his  associates. 

14.  That  the  present  Executive  Government  of  the  United 
States  has  subverted,  for  the  time,  in  large  portions  of  the 
loyal  States,  the  freedom  of  speech,  the  freedom  of  the 
press,  and  free  suffrage,  the  Constitutions  and  laws  of  the 
United  States,  the  civil  courts  and  trial  by  jury;  it  has 
ordered,  ad  libitum,  arbitrary  arrests  by  military  officers, 
not  only  without  warrant,  but  without  any  charge  or  im 
putation  of  crime  or  offence;  and  has  hurried  the  persons 
so  arrested  from  home  and  vicinage  to  distant  prisons,  and 
kept  them  incarcerated  there  for  an  indefinite  time;  some 
of  whom  it  discharged  without  trial,  and  in  utter  ignorance 
of  the  canst;  of  their  arrest  and  imprisonment;  and  others 
it  caused  to  be  brought  before  courts,  created  by  itself,  and 
to  be  tried  and  punished  without  law.  in  violation  of  the 
constitutional  guarantee  to  the  citizen  of  his  right  to  keep 
and  bear  arms,  and  of  his  rights  of  property;  it  has  forcibly 
deprived  as  well  the  loyal  as  the  disloyal  of  both;  it  has 
usurped  the  power  to  suspend  the  writ  of  hahetts  corpus, 
and  to  proclaim  martial  law,  and  establish  military  tribunals 
in  States  and  parts  of  States  where  there  was  no  obstruc 
tion  to  the  due  administration  of  the  laws  of  the  United 
States  and  the  States  by  the  civil  courts  and  authorities; 
nnd  ordered  many  citizens,  who  were  not  connected  with 
the  army  or  navy,  to  bo  dragged  before  its  drum-head  courts, 
and  to  be  tried  by  them  for  new  and  strange  offences, 
declared  by  itself,  and  by  undefined  and  indefinable  law, 
being  but  the  arbitrary  will  of  the  court;  it  has  ordained 
at  pleasure  a  military  despotism  in  the  loyal  States,  by 


pers,  and  tyrants  only,  and  they  must  be  held  by  the  people 
at  all  hazards. 

1(>.  That  as  the  Constitution  and  laws  afford  no  means  to 
exclude  from  the  office  of  President  a  man  appointed  to  it 
by  military  power,  or  who  is  declared  to  be  chosen  to  it  by 
reason  of  the  suppression  of  the  freedom  of  election,  or  by 
the  exclusion  of  legal  voters  from  the  polls,  or  by  any  other 
means,  the  people  of  the  United  States  would  be  incompe 
tent  to  defend,  and  unworthy  to  have  received  the  rich 
heritage  of  freedom  bequeathed  to  them  by  their  fathers,  if 
they  permit  that  great  office  so  to  be  filled,  or  in  any  other 
mode  than  by  their  own  free  suffrages. 

17.  That  tho  scheme  of  the  President  to  bring  back  tho 
insurgent  States  is  open  to  many  and  insuperable  objections. 
The  pardon  and  amnesty  offered  by  him  i.;  upon  the  condi 
tion  that  those  who  accept  it  shall  renounce  their  right  to 
their  slave  property,  and  swear  to  support  his  unconstitii- 
tional  proclamation,  and  unconstitutional  acts  of  Congress, 
which  attempted  to  take  it  from  them.  He  must  have  in 
tended  to  put  this  condition  in  a  form  so  obnoxious  as  to 
secure  its  rejection  by  most  of  those  to  whom  it  was  offered. 
He  affects  the  position  that  ten  of  the  insurgent  States  have 
forfeited  or  dissolved  their  State  governments,  and  requires 
that  they  be  reconstructed  on  a  condition  prescribed  by 
himself,  and  this  against  the  true  principle  which  he  and 
the  legislative  department  of  the  Government  had  pre 
viously  recognized :  that  all  the  acts  of  the  insurgent  States 
and  people,  tending  to  their  secession,  separation,  and  inde 
pendence,  were  void,  and  when  the  inundation  with  which 
their  insurrection  covored  over  the  authority  of  the  Con 
stitution  and  laws  of  the  United  States  in  them  passed 
away,  it  would  leave  the  constitutions,  laws,  property,  and 
institutions  of  those  States  in  every  respect  the  same  that 
they  were  previously,  excepting  only  the  changes  that  were 
produced  by  the  mere  shock  of  arms,  the  principle  status 
ante  bellum  being  applicable.  He  ignores  the  constitutions 
of  Tennessee  and  Arkansas,  and  others  that  have  not  been, 
altered  in  any  particular,  but  are  the  same  that  they  were  be 
fore  their  revolt ;  and  he  requires  those  States  to  repudiate 
their  constitutions  that  governed  them  many  yc:irs  peace 
fully  in  the  Union,  and  to  form  new  ones.  He  has  no  right 
to  take  cognizance,  in  any  way,  of  the  governments  and 
constitutions  of  those  States  or  of  any  other  States ;  to  tho 
extent  that  such  a  power  is  vested  in  the  Government  of 
tho  United  States,  it  is  congressional,  not  presidential.  He 
has  no  authority  whatever  to  impose  any  conditions  on  the 
insurgents,  and  they  are  subject  to  none  but  what  are  pre 
scribed  by  the  Constitution  and  laws  of  the  United  States, 
to  be  determined  by  their  courts.  What  right  has  the  Presi 
dent  to  proclaim  that  one-tenth  of  as  many  of  the  voters  of 
those  States  jus  voted  at  the  last  presidential  election  may  pull 
down  and  revolutionize  their  State  governments,  and  erect 
new  ones  for  the  other  nine-tenths,  which  ho  will  recognize 
and  uphold  with  the  armies  and  navies  of  the  United  States? 
His  project  is  to  continue  the  war  upon  slavery  by  his  fur 
ther  usurpations  of  power,  and  to  get  together  and  buy  up 
a  desperate  faction  of  mendicants  and  adventurers  in  the 
rebel  States,  give  them  possession  of  the  polls  by  interpo 
sing  the  bayonet,  as  in  Maryland,  Delaware,  and  portions 
of  Missouri,  and  Kentucky,  and  to  keep  off  loyal  pro-slavery 
voters,  and  thus  to  form  bastard  constitutions  to  abolition- 
ize  those  States. 

is.  That  the  impending  destiny  of  our  country  can  no 
longer  be  blinked.  The  people  of  the  loyal  States  are  re 
solved  into  two  great  parties,  the  destructives  and  the  ccm~ 
sermtives.  The  first  consists  of  Abraham  Lincoln,  his  office 
holders,  contractors,  and  other  followers;  the  second  of  all 
men  who  are  for  ejecting  Lincoln  and  his  party  from  office 
and  power.  The  professed  objects  of  the  first  are,  to  pre 
serve  t/ie  Union  and  to  abolish  slavery  in  all  the  States ;  they 
have  about  ceased  to  make  a  pretence  of  supporting  the  Con 
stitution  and  the  laws.  Their  real  objects  are  to  perpetuate 
their  party  power,  and  to  hold  possession  of  the  Government 
to  continue  the  aggrandizement  of  their  leaders,  great  and 
small,  by  almost  countless  offices  and  employments,  by  myr 
iads  of  plundering  contracts,  and  by  putting  up  to  sale  the 
largest  amount  of  spoils  that  were  ever  offered  to  market 
by  any  Government  on  earth.  Their  object  is  not  to  eradi 
cate  slavery,  but  only  to  abolish  its  form  and  the  mastery; 
to  subjugate  wholly  the  rebel  States,  and  utterly  to  revo 
lutionize  their  political  and  social  organization;  to  destroy 
or  banish,  and  strip  of  their  property,  all  the  pro-slavery 


326 


RECONSTRUCTION    OF    STATES. 


people,  secessionists  and  anti-secessionists,  loyal  and  dis 
loyal,  combatants  and  non-combatants,  old  men,  women, 
arid  rhildren,  the  decrepit,  and  the  n'm  compos  mentis,  all 
whom  they  cannot  aholitionize,  and  to  distribute  the  lands 
of  the  subjugated  people  among  their  followers,  as  was  done 
by  tho  Roman  conquerors  of  their  own  countrymen;  to 
proclaim  a  mock  freedom  to  tho  slaves,  but  by  military 
power  to  take  possession  of  the  freedmen,  and  work  them  for 
their  own  prolit ;  to  do  all  this,  and  also  to  enslave  the  white 
man,  by  tramplingunder  foot  the  Constitution  and  lawsof  the 
United  States  and  the  States,  by  the  power  of  a  subsidized 
army,  and,  lest  it  should  falter,  by  hundreds  of  thousands 
of  negro  janizaries,  organized  for  that .  purpose  by  the  Sec 
retary  of  War  and  the  Adjutant  General.  The  first  and 
paramount  object  of  the  conservatives  is  to  preserve  their 
own  liberties  by  saving  the  Union,  the  Constitution,  and  the 
laws  from  utter  and  final  overthrow  by  the  destructives,  not 
themselves  to  be  enslaved  under  the  pretext  of  giving  a 
fictitious  freedom  to  the  negro,  and  to  restore  and  perpet 
uate  the  Union,  and  to  bring  back  the  people  in  revolt  by 
renewed  and  sufficient  guarantees  of  all  their  constitutional 
rights.  There  is  no  choice  left  to  any  man  but  to  be  a  de 
structive  or  a  conservative. 

January  7 — Mr.  CARLILB  offered  these  resolu 
tions  : 

Resolved.  That  the  Government  of  the  United  States,  in 
tho  language  of  Mr.  Webster,  is  "the  result  of  compact  be 
tween  the  States,"  each  State  for  itself  adopting  for  its 
government  the  Constitution  of  the  United  States. 

2.  That  the  people  of  each  State  adopted  for  th"ir  govern 
ment  the   Constitution  of  tho  United  States,  in  the  same 
way  as  they  adopted  their  State  constitution. 

3.  That  the  Constitution  of  the  United  States  was  not 
binding,  nor  had  it  force  or  effect  in  any  State  until  it  was 
ratified  and  adopted  by  the  people  thereof,  as  is  evidenced 
by  the   fact  that  the  people  of  North  Carolina  were  not 
bound  by  it,  nor  was  North  Carolina  a  member  of  the  Union 
created  by  it,  for  some  time  after  the  Government  had  been 
organized  under  it,  and  after  it  had  bven  ratified  by  eleven 
other  States. 

4.  'Ihut  the  Government  created  by  the  Constitution  of 
tho  United  States  is  "  neither  wholly  national  nor  wholly 
federal.    Were  it  wholly  national,  the  supremo  and  ultimate 
authority  would  reside  in  the  majority  of  the  people  of  the 
Union,  and  this  authority  would  be  competent  at  all  times, 
lilio  that  of  a  majority  of  every  national  society,  to  alter  or 
abolish  its  established  government.   Were  it  wholly  federal, 
on  the  other  hand,  the  concurrence  of  each  State  in  the 
Union  would  bo  essential  to  every  alteration  that  would  be 
binding  on  all."   The  mode  provided  by  the  Constitution  for 
iti  amendment  "is  not  founded  on  either  of  the«e  princi 
ples  "     "  In  requiring  more  than  a  majority,  and  particu 
larly  in  computing  the  proportion  by  States,  not  by  citizens, 
it  departs  from  the  national  and  advances  towards  the/oZe- 
ral  character.    In  rendering  the  concurrence  of  less  than 
the  whole  number  of  States  sufficient,  it  loses  again  the 
federal  and  partakes  o!  the  national  character.''     The  Gov 
ernment  created  by  the  Constitution  of  the  United  States, 
therefore,  is  neither  a  national  nor  a  federal  government 
"but  a  composition  of  both."    ''In  its  foundation  it  is  fede 
ral,  not  national ;  in  the  sources  from  which  the  ordinary 
powers  of  the  Government  are  drawn,  it  is  partly  federal 
and  partly  national;  in  the  operation  of  these  powers  it  is 
national,  not  federal;  in  the  extent  of  them  it,  is  federal,  not 
national." 

5.  That  it  is  essential  to  the  preservation  of  the  Govern 
ment  created  by  the  Constitution  that  tht<  military  fhould 
be  subordinate  to  the  civil  power,  and  that  such  was  the  in 
tention  of  the  founders  of  the  Government  is  evidenced  by 
the  f.'Ct  thtit  the  President  was  made  Commander  in-Chie! 
ot  the  Army  nnd  Navy. 

6.  That  Congress  alone  can  declare  what  are  crimes  against 
the  United  States,  and  can  alone  legislate  for  the  punish 
nient  thereof.     That  it  is  not  competent  for  the  President 
in  any  character,  or  for  any  military  commander,  to  re 
strict  the  right  of  suffrage  in  any  State,  or  to  impose  con 
ditions  precedent  to  the  exercise  thereof;  nor  can  the  wil 
or  judgment  of  the  President  enlarge  his  powers  beyom 
what  are  conferred  by  tho  Constitution. 

7.  That  all  the  powers  of  the  General  Government  an 
derived  from  the  Constitution ;  that  the  Constitution  of  tin 
United  States  confers  power,  and  the  Constitutions  of  th 
several  States  limitf  power;  that  the  General  Governmen 
can  only  exercise  BIND  powers  as  are  conferred  by  the  Con 
Btitntion  of  the  United  States;  that  but  for  the  State  Con 
etitutions  each  State,  within  its  own  jurisdiction,  coul 
exercise  all  governmental  power. 

8.  That  Governments  are  instituted  for  the  protection  o 
minorities,  tho  chief  objects  being  to  secure  to  tho  citizei 
his  right  to  personal  liberty,  und  to  protect  him  in  th 
possession  and  enjoyment  of  his  private  property. 

9.  That   there   is   no  su  <h  power  as  "the  war  power 


known  to  the  Government  of  the  United  States,  outsid"  of 
the  powers  conferred  by  and  enumerated  in  the  Constitu 
tion  of  the  United  States. 

10.  That  tho  Government  of  the  United  States  enforces 
obedience  to  the  Constitution  and  laws,  as  do  the  State 
Governments,  by  acting  directly  upon  the  citi/ons :  that  it 
cannot  create  a  State  Government  or  a  State  Constitution, 
or  alter  one;  that  it  has  no  right  to  interfere,  directly  or 
indirectly,  to  alter,  abolish,  or  procure  a  change  in  tho 
Constitution  of  any  State,  but  is  bound  to  protect  existing 

onstitutions  in  each  and  every  State  from  any  attempt  to 
ubstitute  for  them  a  Government  not  republican  in  form, 
nd  cannot  act  against  States  or  political  communities  as 
uch,  but  is  confined  in  its  action  to  the  punishment  of 
ersons,  there  being  no  right  of  eminent  domain  in  the 
overnnient  of  the  United  States,  the  soil  of  each  State 
elonging  to  it  and  the  people  thereof. 

11.  That  any  attempt  on  the  part  of  the  Government  of 
he  United  States,  or  any  department  thereof,  to  destroy 
he  State  Governments,  and  substitute  for  them  Territorial 
r  any  other  form  of  Government,  would  be  an  exercise  of 
rbitrary  and  usurped  power,  destructive  to  the  liberties  of 
he  people,  violative  of  the  Constitution,  and  an  overthrow 
f  the  Government  created  by  it. 

12.  That  it  is  the  duty  of  the  servants  of  the  people  to 
vliom  the  administration  of  the  Government  is  intrusted,  and 
i)  whom  its  powers  have  been  confided,  to  pi.t  down  rebel- 
iou  against  its  author  ty  whenever  orga- izcd,  to  tho  end 
hat  the  law-abiding  citizen  may  be  protected  in  tho  en- 
oyment  of  the  blessings  the  Government  was  designed  to 
onfer;  that,  if  necessary  to  this  end,  the  whole  mill  ary 
,ud  naval  power  of  tho  Government  can  and  should  bo 
ised,  not  against  the  States  as  such,  nor  in  a  war  against 
wpulalions  and  homes,  but  against  the  citizens  and  persons 
o  resisting  the  authority  ot"  the  Government  and  defying 
ts  power. 

13.  That  the  whole  millitary  power  of  the  Government 
_,hou!d  be  directed  against  the  armies  of  tho  Confederates, 
ind  that,  until  they  are  broken  and  dispersed,  there  can  be 

o  peace  upon  the  basis  of  a  re-union  of  the  States. 

Feb.    8 — Mr.    SUMNBR  offered  these  resolu- 


Resolved,  That,  in  order  to  determine  the  duties  of  the 
national  Governmental  tho  present  moment,  it  is  of  the 
first  importance  that  we  should  sec  and  understand  the 
•eal  character  of  the  contest  which  has  been  forced  upon 
.he  United  States,  for  a  failure  truly  to  appreciate  this  coiv- 
est  must  end  disastrously  in  a  failure  of  those  proper  ef- 
brts  which  are  essential  to  the  re-establishment  of  unity 
md  concord  ;  that,  recognizing  the  contest  in  its  real  char 
icter,  as  it  must  be  recorded  by  history,  it  will  bo  apparent 
beyond  controversy,  that  this  is  not  an  ordinary  rebellion,. 
or  an  ordinary  war,  but,  that  it  is  absolutely  without  pre 
cedent,  differing  clearly  from  every  other  rebellion  and 
every  other  war,  inasmuch  as  it  is  an  audacious  attempt, for 
tho  first  time  in  history,  to  found  a  wicked  power  on  tho 
corner-stone  of  slavery  ;  and  that  such  an  attempt  having 
this  single  object— whether  regarded  as  rebellion  or  as  war 
—is  so  completely  penetrated  and  absorbed,  so  entirely 
filled  and  possessed  by  slavery,  that  it  can  be  justly  re 
garded  as  nothing  else  than  the  huge  impersonation  of  this 
crime,  at  once  rebel  and  belligerent,  or  in  other  words,  as 
slavery  in  arms. 

2.  That,  recognizing  the  unquestionable  identity  of  the 
.  Jbellion  and  of  slavery,  so  that  each  is  to  the  other  as  an 
other  self,  it  becomes  plain  that  the  rebellion  cannot  be 
crushed  without  crushing  slavery,  as  slavery  cannot  bo 
crushed  without  crushing  the  rebellion:  that  every  forbear 
ance  to  the  one  is  a  forbearance  to  the  other,  and  every 
blow  at  the  one  is  a  blow  at  the  other;  that  all  who  toler 
ate  slavery  tolerate  the  rebellion,  and  all  who  strike  at 
slavery  strike  at  the  rebellion;  and  that,  therefore,  it  is  our 
supremest  duty,  in  which  all  other  present  duties  are  con 
tained,  to  take  care  that  the  barbarism  of  slavery,  in  which 
alone  the  rebellion  has  its  origin  and  life,  is  so  utterly  tram 
pled  out  that  it  can  never  ppring  up  again  anywhere  in  the 
rebel  and  belligerent  region;  for  leaving  this  duty  undone 
nothing  is  done,  and  all  our  blood  and  treasure  have  been 

;\ "  Th.it  in  dealing  with  the  rebel  war  the  National  Gov 
ernment  is  invested  with  two  classes  of  rights— one  the 
rifilits  "f  soccrriffnti/.  inherent  and  indefeasible  everywhere 
within 'tho  limits  of  tho  United  States,  and  the  other  the 
r;<,Ms  of  war,  or  belligerent  rights,  which  have  been  su 
re,  -induced  bv  the  nature  and  extent  of  the  contest ;  that, 
!,v  virtue  of  the  rights  of  sovereignty,  the  relx  1  and  bellig 
erent  region  is  now  subject  to  the  National  Government 
its  only  rightful  Government,  bound  under  the  Constitu 
tion  to  all  the  duties  of  sovereignty,  nnd  by  special  mandato 
bound  also  "to  guarantee  to  every  State  u  republican  form 
of  government,  and  to  protect  it  against  invasion:  •;  that,  by 
virtue  of  the  rights  of  war,  this  same  region  is  subject  to  all 


RECONSTRUCTION    OF    STATES. 


327 


the  conditions  and  incidents  of  war,  according  to  the  estab 
lished  usages  of  Christian  nations,  out  of  which  is  derived 
the  familiar  maxim  of  pulilic  duty,  "  Indemnity  for  the  past 
and  security  for  the  future." 

4.  That,  in  seeking  the  restoration  of  the  States  to  their 
proper  places  M  members  of  the  Republic,  so  that  every 
State  shall   enjoy  again   its  constitutional   functions,  and 
every  star  on  our  national  flag  shall  represent  a  State,  in 
reality  as  well  a.-  in  name,  care  must  be  taken  that  the  re 
bellion  is  not  allowed,  through  any  negligence  or  mistaken 
concession,  to  retain  the  least  foothold  for  future  activity, 
or  the  least  germ  of  future  life;  that,  whether  proceeding 
by  the  exercise  of  sovereign  rights  or  of  belligerent  rights, 
the  same  precautions  must  be  exacted  against  future  peril ; 
that,  therefore,  any  system  of  "reconstruction"  must  be 
rejected,  which  does  not  provide  by  irreversible  guarantees 
against,  the  continued  existence  or  possible  revival  of  sla 
very,  and  that  such  guarantees  can  be  primarily  obtained 
only   through  the  agency  of  the   national   Government, 
which  to  this  end  must  assert  a  temporary  supremacy,  mil 
itary  or  civil,  throughout  the  rebel  and  belligerent  region, 
of  sufficient  duration,  to  stamp  upon  this  region  the  char 
acter  of  freedom. 

5.  That,  in  the  exercise  of  this  essential  supremacy  of  the 
cat.it 'nal  Government,  a  solemn  duty  is  cast  upon  Congress 
to  see  that  no  rebel  State  is  prematurely  restored  to  its  con 
stitutional   functions  until,  within  its  borders,  all  proper 
•afeguards  are  established,  so  that  loyal  citizens,  including 
the  new-made  freedmen,  cannot  at  any  time  be  molested  by 
evil-disposed  persons,  and  especially  that  no  man  there  may 
be  made  a  slave ;  that  this  solemn  duty  belongs  to  Congress 
under  the  Constitution,  whether  in  the  exercise  of  rights  of 
sovereignty  or  rights  of  war,  and  that  in  its  performance 
that  system  of  '•  reconstruction''  will  be  found  the  best, 
howsoever  it  may  be  named,  which  promises  most  surely  to 
accomplish  the  desired  end,  so  that  slavery,  which  is  the 
synonym  of  the  rebellion,  shall  absolutely  cease  through 
out  the  whole  rebel  and  belligerent  region,  and  the  land 
which    it    has    maddened,    impoverished,    and    degraded, 
shall  become  safe,  fertile,  and  glorious,  from  assured  eman 
cipation. 

6.  That,  in  the  process  of  "reconstruction,"  it  is  not 
enough  t>>  secure  the  death  of  s'avery  throughout  the  rebel 
and  belligerent  region  only  ;  that  experience  testifies  against 
slavery  wherever  it  exists,  not  only  as  a  crime  against  hu 
manity,  but  as  a  disturber  of  the  public  peace  and   the 
spoiler  of  the  public  liberties,  including  the  liberty  of  the 
press,  the  liberty  of  speech,  and  the  liberty  of  travel  and 
transit ;  that  obviously,  in  the   progress  of  civilization,  it 
has  become  incompatible  with  good  government,  and  espe 
cially  with  that  "republican  form  of  government"  which 
the  United  States  are  bound  to  guarantee  to  every  State  ; 
that  from  the  outbreak  of  this  rebel  war,  even  in  States 
professing  loyalty,  it  has  been  an  open  check  upon  patriotic 
duty  and  an  open  accessory  to  the  rebellion,  so  as  to  be  a 
source  of  unquestionable  weakness  to  the  national  cause  ; 
that  the  defiant  pretensions  of  the  master,  claiming  the  con 
trol  of  his  slave,  are  in  direct  conflict  with  the  paramount 
rights  of  the  national  Government  ;  and  that,  therefore,  it 
is  the  further  duty  of  Congress,  in  the  exercise  of  its  dou 
ble  powers,  under  the  Constitution,  as  guardian  ot  the  na- 
t'onal  safety ,  to  take  all  needful  steps  to  secure  the  extinction 
of  slavery,  even  in  States  professing  loyalty,  so  that  this 
crime  against  humanity,  this  disturber  of  the  public  peace, 
and  this  spoiler  of  the  public  liberties  shall  no  longer  exist 
anywhere  to  menace  the  general  harmony  ;  that  civiliza 
tion  may   be  no   longer  shocked;  that   the  constitutional 
guaranty  of  a  republican  form  of  government  to  every 
State  may  be  fulfilled  ;  that  the  rebellion  muy  be  deprived 
of  the  traitorous  aid  and  comfort  which   slavery   has  in 
stinctively  volunteered ;  and  that  the  master  claiming  an 
unnatural  property  inhuman  flesh,  may  no  longer  defy  the 
national  Government. 

7.  That  in  addition  to  the  guaranties  stipulated  by  Con 
gress,  and  as  the  cap-stone  to  its  work  of  restoration  and 
reconciliation,  the  Constitution  itself  must  be  so  amended 
as  to  prohibit  slavery  everywhere  within  the  limits  of  the 
Republic  ;   that  si'ch  a  prohibition,   leaving  all  personal 
claims,  whether  of  slave  or   master,  to  the  legislation   of 
Congress  and  of  the  States,  will  be  in  itself  a  sacred  and  in 
violable  guaranty,  representing  the  collective  will  of  the 
people  of  the  United  States,  and  placing  universal  emanci 
pation  under  the  sanction  of  the  Constitution,  so  that  free 
dom  shall  be  engraved  on  every  foot  of  the  national  soil, 
and  be  woven  into  every   star  of  the  national  flag,  while  it 
elevates  and  inspires  our  whole  national  existence,  and  the 
Constitution,  so  often  invoked  for  slavery,  but  at  last  in 
harmony  with  the  Declaration  of  Independence,  will  be 
come,  according  to   the   holy  aspirations  of  its  founders, 
the  sublime   guardian   of  the  inalienable  right  of  every 
human    being    to    life,    liberty,  and   the  pursuit  of   hap 
piness;  all   of  which   must  be   done   in   the   name  of  the  i 
{talon,  in  duty  to  humanity,  and  for  the  sake  of  permanent  i 
peace. 


IN  HOUSE. 

1863,  Dec.  14 — Mr.  HANDING  offered  this  res 
olution  which  was  laid  over  under  the  rule  : 

Resolved,  That  the  Union  has  not  been  dissolved,  and  that 
whenever  the  rebellion  in  any  of  the  seceded  States  shall  be 
put  down  .and  subdued,  either  by  force  of  the  Federal  arms 
or  by  the  voluntary  submission  of  the  people  of  such  State 
to  the  authority  of  the  Constitution,  then  such  State  will 
be  thereby  restored  to  all  its  rights  and  privileges  as  a  State 
of  the  Union,  under  the  constitution  of  such  State  and  the 
Constitution  of  the  United  States,  including  the  right  to 
regulate,  order  and  control  its  own  domestic  institutions 
according  to  the  constitutution  and  laws  of  such  State,  free 
from  all  congressional  or  executive  control  or  dictation. 

May  2 — The  resolution  was  laid  on  the  table 
— yeas  67,  nays  56,  as  follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blow,  Bout- 
well.  Boyd,  Brandegee,  Broomall,  Cole,  Henry  Winter  Davis, 
Doming,  Donnelly,  Driggs,  Eckley,  Eliot,  Farnsworth,  Fen- 
ton,  Frank,  Garfield,  Grinnell,  Hooper,  Hotchkiss,  A.  W. 
Ilubbard,  J.  H.  Ilubbard,  John  II.  Ilubbard,  Hulburd,  Julian, 
Kelley,  Francis  W.  Kellogg,  Loan,  Longyear,  McClurg,  Mc- 
Indoe,  S.  F.  Miller,  Moorhead,  Merrill,  Daniel  Morris,  Amoa 
Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth,  Per- 
ham,  Pike,  Pomeroy,  Price,  Alexander  H.  Rice,  John  II. 
Rice,  Edward  H.  Rollins,  Schenck,  Scofield,  Shannon, 
Sloan,  Spalding,  Stevens,  Thayer,  Upson,  William  B.  Wash- 
burn,  Williams,  Wilder,  Wilson,  Windom — 67. 

NAYS — Messrs.  Ancona,  Baily^  A  uyustus  C.  Baldwin,  Jac'>b 

B.  Blair,  Brooks,  William  G.  Brown,  Chanler,  Clay,  Cox,  Daw- 
son,  Denison,  Edm,  JEMridge,  Finclc,  Ganson,  Grider,  Gris- 
wold,  Hall,  Harding,  Harrington,  Charlfs  M.  Harris,  Her- 
rick,   Holm  an,  Hutchins,  Philip  Johnson,  William  Johnson^ 
Kernan,  King,  Knapp,  Law,  Lazear,  Le  Blond,  Long,  Mai- 
lory,  Marcy,  McDowell,  McKinncy,  Morrison,  Noble,  Perry. 
Raifford,  Robinson,  James  S.  Rollins,  Ross,  Scott,  Smith, 
John  B.  Stcele,  Stiles,  Strouse,   Stuart,  Whaley,   Wheeler, 
Chilton  A.  White,  Joseph  W.  White,  Fernando  Wood,  Yea- 
man — 56. 

December  14 — Mr.  WADSWORTH  offered  thin 
resolution,  which  was  laid  over  under  the  rule  : 

Resolved,  That  the  powers  not  delegated  to  the  United 
States  by  the  Constitution  nor  prohibited  by  it  to  the 
States  are  reserved  to  the  States  respectively,  or  to  tho 
people,  and  the  Federal  Executive  can,  neither  directly  nor 
indirectly,  exercise  any  of  the  powers  thus  reserved  or  law 
fully  restrict  or  obstruct  the  exercise  thereof  by  the  people. 

May  2 — The  resolution  was  referred  to  the 
Committee  on  the  Rebellious  States — yeas  69, 
nays  50,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Blow, 
Boutwell,  Boyd,  Brandegee,  Broomall,  Cobb,  Cole,  Dawes, 
Doming,  Dixon,  Donnelly,  Driggs,  Eliot,  Farnsworth,  Fen- 
ton,  Frank,  Garfield,  Grinuell,  lligby,  Hotchkiss,  A.  W. 
Hubbard,  J.  H.  Ilubbard,  llulburd.  Julian,  Kelley,  0.  Kel 
logg,  Loan,  Longyear,  McBride,  McClurg,  Mcladoe.  Sam'l  F. 
Miller,  Moorhead,  Amos  Myers,  Leonard  Myers,  Norton, 
Charles  O'Neill,  Orth,  Perham,  Pike,  Price,  Alexander  H. 
Rice,  John  II.  Rice,  Edward  II.  Rollins,  Schenck,  Scofield, 
Shannon,  Smith,  Spalding,  Stevens,  Thayer,  Thomas,  Upson, 
William  B.  Washburn,  Whaley,  Williams,  Wilder,  Wilson, 
Windom— 09. 

NATS — Messrs.  William  J.  Allen,  Ancona,  Baily,  Augustus 

C.  Baldwin,  Brooks,  William  G.  Brown.  Chanler,  Cox,  Deni- 
son,  Eden,  Eldridge,  Finck,  Ganson,  Grider,  Griswold,  Hall, 
Harding,  Benjamin  G.  Harris,  Charles  M.  Harris,  Herrick, 
Holman,  Hutchins,  Philip  Johnson,  Wm.  Johnson,  Kernan, 
King,   Knapp.  Law,   Le  Blond,   Long,  Marcy,  McDowell, 
McKinncy,   Morrison,  Nolle,  Perry,  Radford.   Robinson, 
James  S.  Rollins,  Ross,  Scott,  John  B.  Stcele,  Stiles,  Strouse, 
Stuart,  Wheeler,  Chilton  A.  White,  Joseph  W.  White,  Fer 
nando  Wood,  Yeaman — 50. 

1863,  December — Mr.  YEAMAN  offered  these 
resolutions  ;  which  were  refered  to  the  Judici 
ary  Committee : 

Joint  resolutions  concerning  the  restoration  of  the  civil 
authority  of  the  United  States  and  of  certain  States  with 
in  regions  once  or  now  under  the  control  of  the  existing 
rebellion. 

Be  it  resolved,  rfc.,  1.  That  a  combination  of  persons,  in 
the  name  of  a  State,  or  an  assumed  confederation  of  States, 
for  levying  war  against  the  United  States,  or  for  withdraw 
ing  such  States  from  the  Union,  does  not  alter  the  legal 
character  of  the  act  done,  nor  excuse  those  engaged  in  it, 


328 


RECONSTRUCTION    OF    STATES. 


nor  does  any  »;uoh  combination,  levying  of  war,  or  attempt 
ed  withdrawal  amount  to  any  destruction,  forfeiture,  or  ab 
dication  of  ihe  right  of  those  who  at  any  time  acknowledge 
allegiance  and  render  obedience  to  the  United  States  to  ad 
minister,  amend,  or  establish  a  State  government. 

2.  That  a  formal  return  or  readmission  ol  any  State  to 
the  Union  is  not,  necessary.    It  in  sufficient  that  the  people, 
or  those  who  are  loyal  in  any  State,  and  qualified  by  the 
election  laws  thereof  in  force 'before  the  rebellion,  shall  at 
any  time  resume  the  functions  of  a  St-ite  government  com. 
patible  with  the  Union  and  with  the  Constitution  and  l.iws 
or  the  United  States,  and  doing  this  is  sufficient  evidence  of 
loyalty  for  the  purpose  of  doing  it. 

3.  That  all  questions  touching  property-rights  and  inter 
ests  arising  out  of  confiscation  and  emancipation,  and  the 
effect  of  any  law,  proclamation,  military  order,  or  emer 
gency  of  war,  or  act  of  rebellion,  upon  the  title  to  any  prop 
erty,  or  upon  the  status  of  any  persons  heretofore  held  to 
service  or  labor  in  any  State,  are  left  for  the  judicial  de 
termination  of  the  courts  of  the  United  States. 

4.  That  the  whole  power  of  the  nation  is  pledged  for  the 
suppression  of  the  rebellion,  the  execution  of  the  bws,  the 
defense  of  loyal  citi/ens  in  any  rtate,  the  territorial  integ 
rity  of  the  Republic,  and  the  nationality  of  the  Constitu 
tion. 

5.  That  nothing  herein  contained  shall  be  construed  to 
abridge  or  lessen  any  valid  defense,  or  as  waiving  the  right 
of  the  Government  to  inflict  punishment :  the  purpose  being 
to  declare  the  nullity  of  secession  as  a  State  ordinance,  to 
define  the  objects  of  the  war,  and  to   express  the  sense  of 
Congress  as  to  the  proper  mode  of  restoring  harmonious  re- 
iRtions  between  the  Government  and  certain  of  the  States 
and  the  disaflected  peoplo  thereof. 

Subsequently,  December  21,  he  offered  these 
resolutions,  being,  in  part,  a  modification  of 
the  others,  upon  which  be  addressed  the  House, 
January  12,  18G4: 

Resolved,  That  a  conspiracy  of  persons  combined  to 
gether,  and  assuming  the  name  of  n  State,  or  a  confederation 
of  States,  for  levying  war  upon  the  United  States,  or  for 
withdrawing  such  States  from  the  Union,  does  not  extin 
guish  the  political  franchises  of  the  loyal  citizens  of  such 
States:  and  such  loyal  citizens  have  the  right, at  any  time, 
t'.>  administer,  amend,  or  establish  a  State  government 
without  other  condition  than  that  it  shall  be  republican  in 
form. 

2.  That  a  formal  return  or  readmission  of  any  State  into 
the  Union  in  not  necessary.     It  is  sufficient,  that' the  people, 
or  those  who  are  loyal  in  any  State,  and  qualified  by  the 
election  laws  thereof  in  force  before  the  rebellion,  shall,  at 
any  time,  ivsumr  the  functions  of  a  State  government  com 
patible  with  the  Union. and  with  the  Constitution  and  laws 
of  the  United  States;  and  doing  this  is  sufficient  evidence 
of  loyalty  for  the  purpose  of  doing  it. 

3.  That  all  questions  touching  property-rights  and  inter 
ests,  arising  out  of  confiscation  iind  emancipation,  and  the 
effect  and  validity  of  any  law,  proclamation,  military  order, 
emergency  of  war,  or  act  of  rebellion,  upon  the  title  to  any 
property,  or   upon   the  status  of  any  persons   heretofore 
held  to  service  or  labor  in  any  State  under  the  laws  thereof, 
are  left  for  the  judicial  determination  of  the  courts  of  the 
United  States. 

The  House  refusing  to  second  the  demand 
for  the  previous  question  on  their  passage,  they 
were,  on  motion  of  Mr.  LOVEJOY,  referred  to 
the  Select  Committee  on  the  Rebellious  States. 

Feb.  16 — Mr.  BOUTWELL  proposed  these  res 
olutions  : 

Resolved,  That  the  Committee  on  the  rebellious  States  be 
instructed  to  consider  and  report  upon  the  expediency  of 
recommending  to  this  House  the  adoption  of  the  following 
Declaration  of  Opinions: 

In  view  of  the  present  condition  of  the  country,  and  es 
pecially  in  view  of  the  recent  signal  successes  of  the  national 
arms,  promising  a  speedy  overthrow  of  the  rebellion,  this 
House  makes  the  following  declaration  of  opinions  concern 
ing  the  institution  of  slavery  in  the  States  and  parts  of 
States  engaged  in  the  rebellion,  and  embraced  in  the  proc 
lamation  of  emancipation  issued  by  the  President  on  the  1st 
dny  of  January,  A.  I).  1863;  and  also  concerning  the  rela 
tions  now  subsisting  between  the  people  of  such  States  and 
parts  of  States  on  the  one  side  and  the  American  Union  on 
the  other. 

It  is  therefore  declared,  (as  the  opinion  of  the  House  of 
Representatives.)  That  the  institution  of  slavery  w;u;  the 
cause  of  the  present  rebellion,  and  that  the  destruction  of 
slavery  in  the  rebellious  States  is  an  efficient  means  of  weak 
ening  the  power  of  the  rebels ;  that  the  President's  procla 


mation,  whereby  all  persons  heretofore  held  as  slaves  in 
such  States  and  parts  of  States  have  been  declared  free,  lias 
had  the  effect  to  increase  the  power  of  the  Union  and  to 
diminish  the  power  of  itsenemies:  that  the  freedom  of  *m  h 
persons  was  desirable  and  just  in  itself,  and  an  efli  ir-nt 
means  by  which  the  Government  was  to  be  maintained  and 
its  authority  re-established  in  all  the  territory  and  over  all 
the;  people  within  the  legal  jurisdiction  of  the  United  States ; 
that  it  is  the  duty  of  the  Government  and  of  loval  men 
everywhere  to  do  what  may  be  practicable  for  the  enforce 
ment  of  the  proclamation,  in  order  to  secure  in  fact  as  well 
as  by  the  forms  of  law  the  extinction  of  slavery  in  such 
States  and  parts  of  States;  and  finally,  that  it  is  the  para 
mount  duty  of  the  Government  and  of  all  loyal  men  to  labor 
for  the  restoration  of  the  American  Union  on  the  basis  of 
freedom. 

And  this  House  does  further  declare,  That  a  State  can 
exist  or  cease  to  exist  only  by  the  will  of  the  people  within 
its  limits,  and  that  it  cannot  be  created  or  destroyed  by  the 
external  force  or  opinion  of  other  States,  or  even  by  the 
judgment  or  action  of  the  nation  itself;  that  a.  State  when 
created  by  the  will  of  its  people  can  become  a  member  of 
the  American  Union  only  by  its  own  organized  action  and 
the  concurrent  action  of  the  existing  National  Government; 
that  when  a  State  has  been  admitted  to  the  Union,  no  vote, 
resolution,  ordinance,  or  proceeding,  on  its  part,  however 
formal  in  character  or  vigorously  sustained,  can  deprive  the 
National  Government  of  the  legal  jurisdiction  and  sover 
eignty  over  the  territory  and  people  of  such  State  which 
existed  previous  to  the  act  of  admission,  or  which  were 
acquired  thereby;  that  the  effect  of  the  so-called  acts, 
resolutions,  and  ordinances  of  secession  adopted  by  the 
eleven  Stutes  engaged  in  the  present  rebellion  is,  and  can 
only  be,  to  destroy  those  political  organizations  as  States, 
while  the  legal  and  constitutional  jurisdiction  and  authoriy 
of  the  National  Government  over  the  people  and  territory 
remain  unimpaired  ;  that  these  several  communities  can  be 
organi/ed  into  States  only  by  the  will  of  the  loyal  peoplo 
expressed  freely  and  in  the  absence  of  all  coercion ;  that 
States  so  organi/ed  can  become  States  of  the  American 
!  Union  only  when  they  shall  have  applied  for  admission  and 
i  their  admission  shall  have  been  authorized  by  the  existing 
|  National  Government;  that  when  a  peoplo  have  organized 
a  State  upon  the  basis  of  allegiance  to  the  Union,  and  ap 
plied  for  admission,  the  character  of  the  institutions  of  such 
proposed  State  may  constitute  a  sufficient  justification  for 
granting  or  rejecting  such  application;  and  inasmuch  aa 
!  experience  has  .shown  that  the  existence  of  hunuin  slavery 
j  is  incompatible  with  a  republican  form  of  Government  in 
1  the  several  States  or  in  the  United  States,  and  inconsistent 
with  the  peace,  prosperity,  and  unity  of  the  nation,  it.  a 
the  duty  of  the  people  and  of  all  men  in  authority  to  resist 
the  admission  of  slave  States  wherever  organized  within 
the  jurisdiction  of  the  National  Government. 

1864,  March  14 — Mr.  WILLIAMS  offered  these 
resolutions,  which  were  laid  over  under  the 
rule  : 

Resolved,  That  the  existing  relation  between  the  Union 
and  the  rebel  States  constitutes  a  condition  of  public  war, 
with  all  the  consequences  attaching  thereto  under  the  law 
of  nature  and  of  nations. 

2.  That  the  appeal  of  the  rebel  States  from  the  jurisdic 
tion  of  the  ordinary  tribunals  escablished  by  the  Constitu 
tion  to  the  arbitrament  of  the  sword  has  not,  however,  with 
drawn  the  case  beyond  the  purview  of  the  Constitution, 
which,  in  conferring  the  war  power  on  the  General  Govern 
ment,  has  made  the  law  of  war  the  rule  of  conduct  in  the 
prosecution  and  adjustment  of  the  pending  controversy. 

3.  That   while  the  rebel  States  are,  by  that  law  and  by 
the  solemn  recognition  thereof  in  the  proclamation  made 
by  the  President  of  the  United  States  on  the  llith  of  August, 
A.  D.  1801,  under  and  in  pursuance  of  the  authority  con 
ferred  on  him  by  the  act  of  Congress  of  the  loth  of  July  of 
the  same  year,  interdicting  al  commercial  intercourse  be 
tween   their  citizens   and  those  of  the  loyal  States,  in  the 
attitude  of  belligerents,  and  outside  of  the  Union  as  States, 
by  construction  of  law  as  wel   as  in  point  of  fact,  and  have 
thereby  either  abdicated  or  for. cited  their  rights  to  mem 
bership  therein,  the  jurisdiction  and  powers  of  the  Govern 
ment  over  their  territory  and  citizens  continue  unimpaired, 
and  the  latter  are  still  amenable  to  the  law  and  the  judicial 
tribunals  of  the  United  States  for  their  treason  and  other 
crimes  against  the  same 

4.  That  so  long  as  those  States  continue  under  the  armed 
occupation  of  the  forces  of  the  United  States  employed  in 
suppressing  the  rebellion  against  its  authority,  the  local 
laws  are  necessarily  subordinated,  and  the  functions  of  the 
civil  authorities  so  far  suspended  therein  as  to  prevent  the 
exerc  so  of  all  the  rights  arising  out  of  their  relations  V> 
this  Government,  and  to  disable  them  from  electing  mem 
bers  of  either  branch  of  Congress,  or  electors  for  the  choice 
of  a  President  of  the  United  States. 


RECONSTRUCTION    OF    STATES. 


329 


5.  That  the  occupation  of  these  States  by  the  armed  forces 
of  the.  United  State?,  either  under  military  commanders  or 
provisional  Governors  appointed  by  the  Executive,  resting 
for  its  lawfulness  upon  tho  condition  of  insurrection  exist 
ing  therein,  is  u  purely  military  one,  and  ought  to  deter 
mine  with  the  necessity  which  produced  it. 

6.  That  jus  soon  as  the  rebellion  is  suppressed  in  any  of 
the  revolted  States,  by  the  reconquest  and  occupation  thereof 
by  the  armies  of  tlie  United  States,  and  the  same  are  so 
tranquilized  as  to  furnish  adequate  .assurance  against  the 
recurrence  of  disturbance  therein,  it  will  become  the  duty 
of  the  President  to  communicate  the  fact  to  Congress  in 
order  that  it  may  take  the  proper  measures  for  the  reor 
ganization  of  the  ciTil  governments  and  the  re-establish 
ment  of  the  civil  functionaries  therein,  and  prescribe  such 
terms  as  it  may  deem  wise  and  proper  and  consistent  with 
the  public  safety  for  the  readmission  of  those  districts  as 
States  of  this  Union. 

7.  That  it  is  the  exclusive  right  of  the  legislative  power 
of  the  Government  to  say  upon  what  terms  those  Territories 
shall  be  allowed  to  return  to  the  Union ;  and  that  in  the 
adjustment  of  the  existing  controversy  in  tho  Government 
ad  interim  of  the  reconquered  territory,  and  in  the  arrange 
ment  of  the  terms  of  reorganization  and  readmission,  it 
will  be  entirely  within  their  competency  to  punish  the  trea 
son  of  individuals  and  provide  indemnity  for  the  expenses 
of  the  war  and  security  against  any  future  outbreak  of  the 
like  kind  by  removing  its  causes  and  confiscating  absolutely 
the  property  and  estate  of  tho  guilty  authors  and  abettors 
thereof. 

Rebel  Views  of  "Reconstruction." 

1861. 

By  JEFFERSON  DAVIS,  February  16,  1861,  at 
Montgomery  : 

The  time  for  compromise  has  now  passed,  and  the  South 
fg  determined  to  maintain  her  position,  and  make  all  who 
oppose  her  smell  southern  powder  and  feel  southern  steel  if 
coercion  is  persisted  in.  Ho  had  no  doubts  as  to  the  result. 
lie  said  wo  will  maintain  our  rights  and  Government  at  all 
hazards.  Wo  ask  nothing,  we  w?.nt  nothing;  we  will  have 
no  complications.  If  the  other  States  join  our  confederation 
they  can  freely  come  in  on  our  terms.  Our  separation  from 
the  old  Union  is  now  complete.  No  compromise,  no  recon 
struction  is  now  to  be  entertained.  _ 

By  WALTER  BROOKE,  of  Mississippi,  in  "  Con 
federate"  Provisional  Congress,  March  5,  1861. 
quoting  Davis  and  Stephens  : 

These  men  have  long  since  given  up  all  hope  of  receiving 
satisfaction  from  the  uc«>eral  Government,  and  the  entire 

feople  of  Mississippi  stand  to-day  upon  the  same  platform, 
am  authorized,  I  think,  to  speak  their  sentiments  on  this 
floor,  from  tho  information  I  am  daily  receiving.  I  do  not 
believe  that  there  is  a  man  in  Mississippi  who  desires  a  re 
construction  of  *his  Government,  or  who  will  not  fully  in 
dorse  tho  sentiments  uttered  by  you,  Mr.  President,  that 
"the  separation  is  perfect,  coir.plete,  and  perpetual,"  and 
likewise  the  sentiments  of  our  distinguished  President  of 
the  Confederate  States,  when  he  declared  that  "  a  recon 
struction  is  neither  practicable  nor  desirable." 

T.  R.  R.  COIJB,  of  Georgia,  a  member  of  the 
Provisional  Congress,  spoke  at  Atlanta  on  re 
construction  : 

I  am  against  it  now  and  forever.  What  have  we  worked  for  1 
Simply  a  new  Constitution  "i  No !  we  sought  to  be  relieved 
of  the  North  because  they  were  fleecing  us ;  giving  fishing 
bounties  and  otherwise  squandering  the  public  treasure, 
and  tilling  their  pockets  from  our  labors.  I  would  not  unite 
with  them  if  they  were  to  bind  themselves  in  amounts  more 
than  they  w^ro  worth,  and  give  me  a  distress  warrant  to 
sell  them  out,  I  wish  the  people  of  Georgia  to  say— this 
shall  be  a  slaveholding  confederacy,  and  nothing  else. 

JEFF.  DAVIS,  in  his  message  of  November, 
1861, says: 

If,  instead  of  being  a  dissolution  of  a  league,  it  were  in 
deed  a  rebellion  in  which  we  are  engaged,  we  might  find 
ample  vindication  in  tho  course  we  have  adopted  in  the 
scenes  which  ure  now  being  enacted  in  the  United  States. 
Our  people  now  look  with  contemptuous  astonishment  on 
those  with  whom  they  have  been  so  recently  associated. 
They  shrink  with  aversion  from  the  bare  idea  of  renewing 
such  a  connection. 

JOINT    RESOLUTIONS    OF    GEORGIA. 

DECEMKER  11,  1861. 

Resolved,  by  the  Senate  and  House  of  Representatives  of 
Georgia,  in  General  Assembly  met,  That  it  is  the  sense  of 


this  General  Assembly  that  the  separation  of  those  States 
now  forming  the  Confederate  States  of  America  from  tho 
United  States  is,  and  ought  to  be,  final  and  irrevocable :  and 
that  Georgia  will,  under  no  circumstances,  entertain  any 
proposition  from  any  quarter  which  may  have  for  its  object 
a  restoration  or  reconstruction  of  the  late  Union,  on  any 
terms  or  conditions  whatever. 

Resolveil,  That  the  war  which  the  United  States  is  waging 
upon  the  Confederate  States  should  be  met  on  our  part  with 
the  utmost  vigor  and  energy,  until  our  independence  and 
nationality  are  unconditionally  acknowledged  by  the  United 
States. 

Rexolvcd,  That  Georgia  pledges  herself  to  her  sister  States 
of  the  Confederacy  that  she  will  stand  by  them  throughout 
the  struggle:  she  will  contribute  all  the  means  which  her 
resources  will  supply,  so  far  as  tho  same  may  be  necessary 
to  the  support  of  the  common  cause,  and  will  not  consent  to 
lay  down  arms  until  peace  is  established  on  the  basis  of  the 
foregoing  resolutions.  WARREN  AIKEN, 

Speaker  of  the  House  of  Representatives. 
L.  CARRIXGTON,  Clerk  of  the  House  of  Representatives. 
'JOHN  BILLUPS, 
President  of  the  Senate. 
JAMES  M.  MORLEY,  Secretary  of  the  Senate. 

Approved  December  11, 1861. 

JOSEPH  E.  BROWN,  Governor. 

See  Roger  A.  Pryor's  declaration  at  Charles 
ton,  page  112. 

1862. 

Feb.  3 — The  Congress  adopted  this  pream 
ble  and  resolution  unanimously  : 

Whereas,  the  United  States  are  waging  war  against  the 
Confederate  States,  with  the  avowed  purpose  of  compelling 
the  latter  to  re-unite  with  them  under  tho  same  constitu 
tion  and  government;  and  whereas,  the  waging  of  wai 
with  such  an  object  is  in  direct  opposition  to  the  sound  re 
publican  maxim,  that  "  all  government  rests  upon  the  con 
sent  of  tha  governed,"  and  can  only  tend  to  consolidation  in 
the  General  Government,  and  the  consequent  destruction  of 
the  rights  of  the  States ;  and  whereas,  this  result  being  at 
tained,  the  two  sections  can  only  exist  together  in  the  re 
lation  of  tho  oppressor  and  tho  oppressed,  because  of  the 
great  preponderance  of  power  in  the  Northern  section 
coupled  with  dissimilarity  of  interests ;  and  whereas,  we, 
the  representatives  of  the  people  of  tho  Confederate  States, 
in  Congress  assembled,  may  be  presumed  to  know  tho  sen 
timents  of  said  people,  having  just  been  elected  by  them  : 
Therefore  be  it 

Resolved*  That  this  Congress  do  solemnly  declare  and 
publish  to  the  world  that  it  is  the  unalterable  determina 
tion  of  the  people  of  the  Confederate  States  (in  humble  re 
liance  upon  Almighty  God)  to  suffer  all  tho  calamities  of 
the  most  protracted  war,  but  that  they  will  never,  on  any 
terms,  politically  affiliate  with  a  people  who  are  guilty  of 
an  invasion  of  their  soil  and  the  butchery  of  their  citizens. 

JOHN  C.  BRECKINRIDGE,  announcing  himself 
a  candidate  in  the  Eleventh  District  of  Ken 
tucky  for  the  permanent  "  Confederate"  Con 
gress,  at  the  election  held  Jan.  22,  said  : 

I  am  utterly  opposed  to  a  reconstruction  of  the  old  Gov 
ernment,  or  any  measure  which  in  the  remotest  degree 
tends  in  that  direction.  For  one,  I  shall  never  con.-eut 
that  peace  shall  be  made  until  the  very  last  of  all  the  ene 
mies  of  our  liberty  shall  be  driven,  not  only  from  our  hal 
lowed  soil,  but  from  every  foot  of  territory  which,  by  its 
geographical  position,  naturally  belongs  to  the  South.  God 
gnu<t  that  the  day  may  not  be  lar  distant  when  Kentucky 
will  arise,  free  and  disenthralled,  and  assume  her  true  po 
sition  as  one,  the  fairest,  among  the  sisters  of  the  South. 

ALEXANDER  R.  BOTELER,  of  irginia,  about 
the  same  time  said  the  same  thing: 

In  regard  to  the  canvass  for  Congress,  I  have  boen  studi 
ously  silent,  as  I  have  a  special  repugnance  to  whatever 
may  seem  like  thrusting  myself  on  the  public;  but  you  can 
say  for  me  that  I  h.ive  consented  to  become  a  candidate, 
which  I  suppose  will  be  sufficient.  In  doing  so,  however, 
it  is  but  proper  that  I  shcnld  say  that,  having  done  all  that 
I  could,  consistent  with  self-respect,  to  preserve  the  Union 
upon  its  original  basis  of  constitutional  equality,  I  am  equal 
ly  resolute  in  my  determination  to  resist  all  attempts, 
should  any  bo  made,  for  its  restoration;  being  unalterably 
opposed  to  reconstruction,  at  any  time  or  on  any  terms. 
This  much  is  due  to  the  people  that  I  should  make  known 
before  the  election,  so  that  they  may  be  aware  of  tho  course 
I  shall  pursue,  if  elected. 

In  the  winter  of  1862,  GEORGE  N.  SANDKRS, 
in  his  letter  to  "  Governor  Seymour,  Dean  Rich- 


830 


RECONSTRUCTION    OF    STATES. 


mond,  John  Van  Buren,  Charles  O'Connor, 
Washington  Hunt,  Fernando  Wood,  and  James 
Brooks,  rcpiesentative  men  of  the  triumphant 
/evolutionary  party  of  INew  }  ork,"  under  date 
jf  December  24,  said  : 

Not  only  do  you  owe  it  to  yourseh  en  to  repudiate  every 
dollar  of  this  unconstitutional  debt,  bi  t  you  owe  it  equally 
to  your  posterity  tojx/y  tit,'  half,  if  noi  .11  the  debt  I  lie  pen- 
pie  of  the,  KoutlCharf  had  to  incur  to  maintain  the  rights  of 
citi/ens  and  of  Steles,  iu  the  establishment  of  free  trade. 
******* 

Let  heart  and  brain  into  the  revolution;  accelerate  and 
direct  the  movement:  get  rid  of  the  Baboon,  (or  What  is 
it!)  Abraham  Lincoln,  pacifically  if  you  can.  but  by  the 
blood  of  his  followers  if  necessary.  Withdraw  your  sup 
port,  material  and  moral,  from  the  invading  armies,  and  the 
South  will  make-quick  work  with  the  Abolitionists  that 
remain  on  her  soil.  Suffer  no  degenerate  son  of  the  South, 
upon  however  plausible  pretext,  to  idly  embarrass  your 
action  by  throwing  into  your  way  rotten  planks  of  recm- 
tfrUCtion.  Unify  t.s  no  Jongc/^yoxxible.  The  very  word  Union, 
onco  so  dear,  has  been  made  the  rover  for  so  many  atro 
cious  acts  that  the  mere  mention  of  it  is  odious  in  the  ears 
of  Southern,  people.  The  State  Legislature  will  bo  called 
upon  to  obliterate  the  hated  name  from  counties  and  towns. 

In  the  fall  of  1862,  after  the  Democratic  suc 
cesses  in  the  election,  the  Richmond  papers 
took  occasion  to  assure  the  North  that  there 
could  be  no  peace  except  by  recognizing  the 
independence  of  the  Southern  Confederacy. 

The  Examiner  said  of  the  North  : 

They  do  not  yet  understand  that  we  are  resolute  to  be 
rid  of  them  forever,  and  determined  rather  to  die  than  to 
'ive  with  them  in  the  same  political  community  again. 

The  Dispatch  anticipating  Democratic  ascen 
dency  in  the  Union  Congress,  s--aid: 

It  is  probable,  therefore,  that  they  might  propose  a  re 
construction  of  the  Union,  with  certain  pledges,  guaranties, 
fcc.  To  this  the  South  will  neverconsent.  They  will  never 
exist  iu  Ihesame  political  association,  belts  name  what  it  may, 
bo  its  terms  what  they  will,  and  bo  the  guaranties  what 
ever  the  good  will  of  the  Democrats  may  make  them.  They 
want  nothing  more  to  do  with  the  Yankees,  and  they  are 
determined  to  have  nothing  more  to  do  with  them.  Let 
them  pay  off  their  own  debt  with  their  own  resources,  we 
have  as  much  as  wo  can  do  to  pay  off  ours.  We  cannot 
consent  to  return  to  the  state  of  vassalage  from  which  wo 
have  emerged.  We  cannot  consent  to  sit  in  a  Congress  in 
Which  nothing  is  debated  but  the  nigger  from  the  begin 
ning  of  the  longest  session  to  the  end  of  it.  We  can  never 
again  affiliate  with  people  who  made  a  martyr  of  the  cold 
blooded  assassin,  John  Brown,  and  thought  he  was  doing  a 
glorious  deed  when  he  was  dying  his  hands  in  the  blood  ot 
our  people.  We  of  the  Confederate  States  have  made  up  oui 
minds  to  endure  the  worst  extremity  to  which  war  can  re 
ducc  a  people.  Wo  are  prepared  for  it.  The  Government 
that  should  propose  to  reunite  us  with  the  Yankees  conl< 
not  exist  a  day.  It  would  sink  so  deep  beneath  the  deluge 


of  popular  indignation  that  even  history  would  not  be  abl 
to  fish  up  the  wreck. 

Again,  October  18,  the  Dispatch  said: 
Nor,  after  the  sacrifices  which  the  South  has  suffered  at 
Northern  hands,  could  she  ever  consent,  of  her  own  fret 
will  to  live  under  the  same  Government  with  that  people 
The  blood  of  our  murdered  children  would  cry  from  the 
ground  against  their  fathers  if  they  could  ever  bo  guilty  o 
such  unnatural  and  monstrous  ingratitude.  If  the  Soutl 
has  gi"en  her  blood  without  a  murmur  to  this  contest,  it  i 
not  because  she  does  not  value  that  blood  but  because  sh 
values  freedom  more  than  life  or  any  earthly  possession 
Precious,  more  than  aught  else  save  her  honor,  are  th 
jewels  she  has  laid  upon  the  altar  of  liberty,  and  never  ca: 
she  consent  to  shake  hands  again  under  one  Governmen 
with  men  who  have  made  so  many  vacant  places  in  south 
ern  households,  ami  whoso  steel  is  dripping  with  the  blooc 
of  our  brethren  and  children. 

Henceforth  we  are  two  people. 

December  2-^The  Legislature  of  North  Car 
olina  adopted  these,  among  other,  resolutions 

Rexoh-cdf  That  the  Confederate  States  have  the  mean 
•»nd  the  will  to  sustain  and  perpetuate  the  Governmen 
they  have  established,  and  to  that  end  North  Carolina  • 
determined  to  contribute  all  of  her  power  and  resources. 

"""'i/iv'd,   That  the  separation  between  the  Confederate 
and  the  United  States  is  final,  and  that  the  people  of 


North  Carolina  will  never  consent  to  reunion  at  any  timo 
or  upon  any  terms. 

December  8— Governor  Letcher,  of  Virginia, 
wrote : 

It  cannot  be  that  the  people  of  the  Confederat  -.  State* 
can  again  entertain  a  feeling  of  affection  and  respect  for 
the  Government  of  the  United  States.     We  have,  th.-n  lore, 
separated  from  them ;  and  now  let  it  be  understood  that 
ic  separation  is  and  ought  to  be  final  and  irrevocaMe; 
at  Virginia  •'  will  under  no  circumstances  entertain 
roposition  from  any  quarter  which  may  have  for  its  ob- 
ect  a  restoration  or  reconstruction  of  the  late  Union,  on 
ny  terms  or  conditions  whatever." 

Jpff.  Davis  addressed  the  Mississippi  Legis- 
ature,  December  20.  1862,  and  is  reported  in 
he  Jackson  Mi**issipian  to  have  said  : 

He  alluded  to  it,  however,  as  a  matter  of  regret  that  the 
icst  affections  of  his  heart  should  have  been  bestowed  upon 
n  object  so  unworthy — that  he  should  have  \«\<-<l  s<>  l<),i>; 
,  Government  which  was  rotten  to  its  very  core.  II  • 
iredictcd  from  the  beginning  a  fierce  war,  though  it  had 
ssumed  more  gigantic  proportions  than  h^  had  < v.l. -ulat •••! 
ipon.  lie  had  predicted  war  not  because  OUT  right  ' 
:ede  was  not  an  undoubted  one,  and  defined  in  tin- spirit 
if  that  declaration  which  rests  the  right  to  govern  up<>n 
he  consent  of  the  governed :  but  the  wickedness  of  the- 
Vorth  would  entail  war  upon  the  country. 

The  present  war,  waged  against  the  rights  of  a   free 
people,  was  unjust,  and  the  fruit  of  the  evil  passions  of  the 
forth.     In  the  progress  of  the  war  those  evil  pa-ions  bav  •• 
ieen  brought  out  and  developed;  and  so  far  from  rein 
vith  such  a  people— a  people  whoso  descendants  Cron 
lad  gathered  from  the  bogs  and  fens  of  Ireland  and  Scot- 
and— a  people  whose  intolerance  produced   discord  and 
rouble  wherever  they   went — who   per.s -eiited  Cat! 
Episcopalians,  and  every  other  sect  that  did  not  subscribe 
to  their  bigoted  and  contracted  notions—  who  hung  \\  : 
and  did  a  thousand  other  things  calculated  to  make  them 
brever  infamous. 

The  President  was  emphatic  in  his  declaration  that 
under  no  circumstances  would  he  consent  to  reunion.  He 
Jrew  a  glowing  picture  of  the  horrors  of  war,  and  the  rav- 
ges  of  the  enemy,  and  while  his  tears  flowed  for  those  who 
suffered,  yet  all  thesefwould  be  endured  cheerfully  before 
our  manhood  and  our  liberties  would  be  surrendered." 

1863. 

From  the  speech  of  Jeff.  Davis,  delivered  in 
Richmond,  as  reported  in  the  Richmond  En 
quirer  of  January  7  : 

You  have  shown  yourselves  in  no  respect  to  be  degenerate 
sons  of  your  fathers.  You  have  fought  mighty  battles,  and 
your  deeds  of  valor  will  live  among  the  richest  spoils  of 
Time's  ample  page.  It  is  true,  you  have  a  cause  which 
binds  you  together  more  firmly  than  your  fathers  \yere. 
They  fought  to  be  free  from  the  usurpation  of  the  British 
crown,  but  they  fought  against  a  manly  foe.  I ~ou  fight  Ihe 
offscourings  of  the  earth.  [Applause.] 

They  have  come  to  disturb  your  social  orgamattions  on 
the  plea  that  it  is  a  military  necessity.  For  what  are  they 
waging  war?  They  s;iy  to  preserve  the  Union.  Can  they 
preserve  the  Union'  by  destroying  the  social  existence  of  » 
portion  of  the  South?  Do  they  hope  to  reconstruct  thr- 
Union  by  striking  at  everything  which  is  dear  to  men  .'  By- 
showing  themselves  so  utterly  disgraced  that  if  the  quest.on 


was  proposed  to  you  whether  you  would  combine  with  Hy 
enas  or  Yankees,  I  trust  every  Virginian  would  say,  giv» 
me  the  Hyenas.  [Cries  of  "  Good  !  good  1"  and  applause.j 

[From  the  Richmond  Dispatch  of  January  11.] 
Reconstruction !  Can  they  reconstruct  the  family  circle* 
which  they  have  broken— can  they  reconstruct  the  fortunes 
which  they  have  scattered — can  they  reconstruct  the  bodies 
of  our  dead  kindred,  which  by  tens  of  thousands  they  have 
destroyed?  When  they  can  do  this  they  can  reconstruct 
the  old  Union.  When  they  can  do  this— when  they  can 
breathe  the  breath  of  life  into  the  pallid  faces  of  our  sons 
and  brothers,  and  restore  them  ouce  more,  living  and  happy, 
to  our  desolate  lire.-idrs.  they  may  dream  of  bringing  back 
that  Union  whose  only  principle  of  cohesion  was  the 
mutual  love  and  confidence  of  its  people. 

******* 
We  warn  the  Democrats  and  conservatives  of  the  North 
to  dismiss  from  their  minds  at  once  the  miserable  delusion 
that  the  So'tdh  can  ever  consent  to  enter  again,  upon  ant/  terms, 
the  old  Union.  If  the  A'orth  will  allow  us  to  write  the  Con- 
<titution  ourselves,  andgive  us  every  guarantee  we  would  ask, 
we  would  .sooner  be.  umler  the  Government  of  England  or 
Union 


RECONSTRUCTION    OF    STATES. 


they  cannot  keep  good  faith,  and  are  the  nwst  barbarous  and 
ini'iuiiinn,  us  well  as  treacherous  of  mankind. 

If  the  reconBtnictiouists  want  peace,  they  can  easily 
have  it  upon  the  terms  on  which  tlv\v  could  have  always 
had  it— letting  us  alone.  We  ask  neither  more  nor  less. 
We  it  re  making  "°  war  O!l  them.  We  are  not  invadng 
their  territory,  nor  giving  their  homes  to  the  flames,  their 
populations  to  prison  and  the  sword,  their  women  to  a  fate 
worse  than  death.  Let  us  alone  !  That  is  all  wo  ask.  Let 
us  alone,  and  peace  will  return  once  more  to  bless  a  dis 
tracted  land !  But  do  not  expect  us  to  degrade.  ouruHaet  and 
cast  dishonor  upon  the  graves  of  our  kindred  by  ever  return- 
ing  to  the  embrace  of  those  whose  hands  are  dripping  with 
the  tears  and  blood  of  our  people. 

The  Richmond  Sentinel  refers  to  the  address 
of  the  Democrats  of  New  Hampshire  declaring 
that  if  the  South  will  "  come  biick  into  the 
Union,  the  Democracy  of  the  North  will  do  all 
in  their  power  to  gain  for  them  (the  Southern 
States)  such  guarantees  as  will  secure  their 
safety,"  and  remarks  that  the  proposition  is 
frank  and  courteous,  -  but  inadmissible.  It 
adds: 

"They  (the  Democrats)  are  powerless  to  sect  re  for  us 
those  guarantees  of  which  they  admit  the  necessity.  Less 
than  three  years  ago  the  States  which  now  form  the  Con 
federacy,  sought,  in  the  spirit  of  conservatism  and  forbear 
ance,  to  avoid  disruption,  with  an  importunity  that  now 
appears  to  us  amazing.  When  we  look  bac.c  at  it  now  it 
makes  us  tremble  to  think  that  we  offered  to  take  the 
Crittenden  compromise.  But  conciliation  on  our  pnrt  was 
met  only  by  contumely  and  defiance  by  the  Republican 
majority.  From  that  time  the  men  who  willfully  destroyed 
the  Union  have  been  assailing  us  with  all  the  engi-'es  of 
destruction.  They  have  evinced  towards  us  a  malignity 
which  has  seldom  been  paralleled  in  human  history. 

"  Do  the  New  Hampshire  Democrats  suppose  for  one 
moment  that  we  could  so  much  as  think  of  reunion  with 
each  a  people?  Rather  tell  one  to  be  wedded  to  a  corpse! 
Bather  join  hands  with  a  h'cud  from  the  pit.  Since  that 
time  the  only  greeting  of  kind  words  winch  has  come  to 
us  from  the  North,  the  New  Hampshire  men  have  sent. 
All,  or  nearly  all  beside,  has  been  conflagration,  sword, 
demoniac  denunciation,  and  brutal  menace  of  destruction. 
When  those  in  the  United  States  who  are  disposed  to  deal 
fairly  with  us  shall  gain  the  rule,  we  may  in  time  begin 
to  bury  the  many  bitter  memories  which  now  add  energy  to 
our  resentment,  and  may  make  with  them  treaties  that 
shall  be  mutually  advantageous.  Perhaps,  hereafter,  good 
will  may  be  revived  again.  But  Union — never  let  it  be 
mentioned  !  It  is  impossible." 

FROM  ALEXANDER  H.  STEPHENS. 

The  Richmond  Dispatch  of  July  23,  gives  a 
sketch  of  ALEX.  H.  STEPHKNS'S  speech  at  Char 
lotte,  N.  C.,  «.n  his  way  to  Richmond,  in  which 
after  alluding  to  Lee's  invasion  of  Maryland 
and  Pennsylvania,  and  the  loss  of  Vicksburg 
and  exhorting  the  people  to  give  the  govern 
ment  a  cordial  support,  he  said  : 

At)  for  reconstruction,  such  a  thing  was  impossible — such 
an  idea  must  not  be  tolerated  for  an  instant.  Reconstruc 
tion  would  not  end  the  war,  but  would  produce  a  more  hor 
rible  war  than  that  in  which  we  are  now  engaged.  The 
only  t  'rms  on  which  we  can  obtain  permanent  peace  is  fina 
and  complete  separation  from  the  North.  Rather  than 
submit  to  anything  short  of  that,  let  us  all  resolve  to  die 
like  men  worthy  of  freedom. 

FROM  ROBERT  TOOMBS. 

WASHINGTON,  GA.,  August  17, 1863. 

MT  DEAR  SIB  :  Your  letter  of  the  15th  instant,  asking  1113 
authority  to  contradict  the  report  that  "  I  am  in  favor  o 
reconstruction,"  was  i  eceived.this  evening.  I  can  conceiv 
of  no  extremity  to  which  my  country  could  be  reduced  in 
which  I  would  for  a  single  moment  entertain  any  propos 
tion  for  any  union  with  the  North  on  any  terms  whatever 
When  all  else  is  lost,  I  prefer  to  unite  with  the  thousand 
of  our  own  countrymen  who  have  found  honorable  deaths 
if  not  graves,  on  the  battle-field.  Use  this  letter  as  yoi 
please. 

Very  truly,  your  friend,  &c.  R.  TOOMBS. 

Dr.  A.  BEES,  Americus,  Ga. 

WM.  SMITH,  then  recently  elected  Goveruo 
of  Virginia,  marie  a  speech  in  Richmond  in  Sep 


?mber,  published  in  the  Richmond 
i  which  he  "denounced,  in  bitter  terirs,  as  au 
tier  impossibility,  any  thought  of  reconstruc- 
on  on  any  conditions." 

THE  QUESTION  ABOUT  NORTHERN  "  TONE  AND 

TEMPER." 
[From  the  Richmond  Sentinel,  September  29.] 

The  House  of  Delegates  yesterday,  in  the  most  summary 
tanner,  disposed  of  a  resolution  for  inquiring  into  the  tone- 
ad  temper  of  the  people  of  the  United  States  on  the  sub- 
ect  of  peace,  with  a  view  to  responding,  if  favorable.  The 
louse  knew  what  everybody  knows — that  such  resolutions 
re  both  i  il<»  and  mischievous,  for  they  will  only  be  taken 
y  our  enemies  as  evincing  more  or  less  readiness  on  our 
art  for  reconstruction.  The  House,  by  a  unanimous  vote, 

t  its  foot  on  the  resolution,  without  a  word  ol  discussion 
r  a  moment  of  delay.  In  this  they  but  fairly  represented 
ho  manliness  and  the  unanimity  of  our  people. 

1864. 

Gov.  ZEBULON  B.  VANCE  of  North  Carolina, 
n  his  elaborate  speech  at  Wilkesboro',  used 
his  language: 

RECONSTRUCTION. 

It  is  a  favorite  idea  with  a  great  many,  that  possl.v*  the 
Id  order  of  things  could  be  restored  ;  that  our  rigli  s  un- 
ler  that  Constitution  could  be  guaranteed  to  us,  and  cvery- 
hing  move  on  peacefully  as  before  the  war.  My  friends, 
here  are  a  great  many  desirable  things ;  but  the  question, 
lot  what  may  bo  wished,  but  what  may  be  obtained,  is  the 
me  reasonable  men  may  consider.  It  is  desirable  to  have 
i  lovely  wife  and  plenty  of  pretty  children  :  but  every  mau 
an't  have  them.  I  tell  you  now,  candidly,  there  is  no 
more  possibility  of  reconstructing  the  old  Union  and  rein 
stating  things  as  they  were  four  years  ago,  than  exists  for 
fnn  to  gather  up  the  scattered  bones  of  your  sons  who- 
lave  fallen  in  this  struggle,  from  one  eud  of  the  country 
:o  the  other, re-clothe  them  with  flesh,  fill  their  veins  wiib 
:he  blood  they  have  so  generously  shed,  and  their  lung* 
iviththe  same  breath  with  which  they  breathed  out  the'r 
ast  prayer  for  their  country's  triumph  and  independence. 
Immense  applause.] 

The  new  rebel  Governor  of  Louisiana,  HENRY 
W.  ALLEN,  in  his  inaugural,  says  : 

Peace  is  not  so  sweet  as  to  be  purchased  at  the  cost  of  re 
construction.  Reconstruction  means  subjugation,  ruin, 
death.  Lose  negroes,  lose  lands,  lose  everything,  lose- 
lifo  itself,  but  never  think  of  reconstruction.  He  says: 

I  speak  to-day  by  authority,!  speak  as  the  Governor  of 
Louisiana,  and  I  wish  it  known  at  Washington  and  else 
where  that  rather  than  reconstruct  this  Government  and 
go  back  to  the  Union,  on  any  terms  whatever,  the  people 
of  Louisiana  will,  in  convention  assembled,  without  a  dis 
senting  voice,  cede  the  State  to  any  European  Power. 
*  *  I  ppcak  to-day  not  only  for  the  loyal  citizens 
of  Louisiana,  who  have  stood  by  her  in  all  trials,  but  in 
behalf  of  the  misguided  individuals  who  have  been  com 
pelled  to  take  the  oath  of  allegiance  to  the  Federal  Gov 
ernment.  In  their  hearts  they  are  true  to  u^,  and  are 
daily  praying  for  the  triumph  of  our  arms.  They  have 
felt  the  iron  in  their  souls,  and  know  full  well  the  curse  of 
reconstruction  I  spenk  by  authority,  for  they  write  to 
me  daily  that  they  would  rather,  by  '  ten  thousand  times, 
be  the  subjects  of  the  Emperor  of  France  than  the  slaves 
of  Lincoln.' '' 

The  Richmond  Dispatch,  in  March,  discussed 
President  Lincoln's  amnesty  proclamation, 
and  adds  : 

No  one,  however,  knows  better  than  Abraham  Lincoln, 
that  any  terms  he  might  offer  the  southern  people  which 
contemplate  their  restoration  to  his  bloody  and  brutal  Gov 
ernment,  would  be  rejected  with  scorn  and  execration.  IfY 
instead  of  devoting  to  death  our  I*residcnt  and  military  and 
civil  officers,  he  had  proposed  to  make  Jfff.  Darts  his  succes 
sor,  Lee  Commander-in-Cliief  of  the  I'ankee  armies,  and  our 
domestic  institutions  not  only  recognized  at  home  but  readopted 
inthe  free  States,  provided  the  &outh  wouM  once  more  enter 
the  Yankee  Union,  there  is  not  a  man,  woman,  or  child  in  ttm 
Confederacy  who  would  not  spit  upon  the  proposition.  We 
desire  no  companionship  uponany  terms  witha  nation  of  rob 
bers  and  murderers.  The  miscreants,  whose  atrocities  in 
this  war  have  caused  the  whole  civilized  rorJd  to  shudder, 
must  keep  henceforth  their  distance.  TJif^y  *>h<Ul  tn>t  be- 
our  masters,  and  we  would  not  have  tluuu  (in 


332 


RECONSTRUCTION    OF   STATES. 


JOINT    RESOLUTION    OF    THE    REBEL    LEGISLATURE 
OF    LOUISIANA. 

Bf  it  resolved.  d5e.,  That  the  barbarous  manner  in  which  our 
enemies  have  waged  war  against  us  deserves  the  execration 
of  all  men,  and  has  confirmed  and  strengthened  us  in  the  de 
termination  to  oppose  to  the  last  extremity  a  re-union  with 
them,  and  that  the  spirit  of  our  people  is  unabated  in  the 
resolution  to  resist  every  attempt  at  their  subjugation. 


1864,  August  5 — Messrs.  BENJAMIN  F.  WADS 
and  HENRY  WINTER  DAVIS  published  in  the  New 
York  Tribunes  pap  T  arr  ugning  President  LIN 
COLN  for  his  course  on  the  Reconstruction  bill. 
A  tew  extracts  are  subjoined  : 

The  President,  by  preventing  this  bill  from  becoming  a 
law,  holds  the  electoral  votes  of  the  rebel  States  at  the  dic 
tation  of  his  personal  ambition.  If  those  votes  turn  the 
ba'anco  in  his  favor,  is  it  to  be  supposed  that  his  competitor, 
•defeated  by  such  means,  wil!  acquiesce?  If  the  rebel  ma 
jority  assert  their  supremacy  in  those  States,  and  send 
votes  which  elect  an  enemy  of  the  Government,  will  we 
not  repel  his  claims?  And  is  not  that  civil  war  for  the 
Presidency  inaugurated  by  the  votes  of  rebel  States? 

Seriously  impressed  with  these  dangers,  Congress,  "Me 
proper  constitutional,  authority,"  formally  declared  that 
there  are  no  State  governments  in  the  rebel  States,  and 
provided  for  their  erection  at  a  proper  time;  and  both  the 
Senate  and  the  House  of  Representatives  rejected  the 
Senators  and  Representatives  chosen  under  the  authority 
of  what  the  President  calls  the  free  constitution  and 
government  of  Arkansas.  Tho  President's  proclama 
tion  "holds  for  naught''  this  judgment,  and  discards  the 
authority  of  the  Supreme  Court,  and  strides  headlong  to 
ward  the  anarchy  his  proclamation  of  the  8th  of  December 
inaugurated.  If  electors  for  President  be  allowed  to  be 
chosen  in  either  of  those  States, 'a  sinister  light  will  be 
cast  on  the  motives  which  induced  the  President  to  "hold 
for  naught  "  the  will  of  Congress  rather  than  his  govern 
mentin  Louisiana  and  Arkansas.  That  judgment  of  Con 
gress  which  the  President  defies  was  the  exercise  of  an  au 
thority  exclusively  vested  in  Congress  by  the  Constitution 
to  determine  what  is  the  established  government  in  a  State, 
and  in  its  own  nature  and  by  the  highest  judicial  authority 
binding  on  all  other  departments  of  the  Government.  *  * 
A  more  studied  outrage  on  the  legislative  authority  of  the 
people  has  never  been  perpetrated.  Congress  passed  a  bill; 
the  President  refused  to  approve  it,  and  then  by  proclama 
tion  puts  as  much  of  it  in  force  as  he  sees  fit,  and  proposes 
to  execute  those  parts  by  officers  unknown  to  the  laws  of 
the  United  States  and  not  subject  to  the  confirmation  of 
the  Senate!  The  bill  directed  the  appointment  of  Provi 
sional  Governors  by  and  with  the  advice  and  consent  of  the 
Senate.  The  President,  after  defeating  tho  law,  proposes 
to  appoint  without  law,  and  without  the  advice  and  consent 
of  the  Senate,  Military  Governors  for  the  rebel  States !  lie 
has  already  exercised  this  dictatorial  usurpation  in  Louisi 
ana,  and  he  defeated  the  bill  to  prevent  its  limitation.  *  * 
The  President  has  greatly  presumed  on  tho  forbearance 
which  the  supporters  of  his  Administration  have  so  long 
practiced,  in  view  of  the  arduous  conflict  in  which  we  are 
•n gaged,  and  the  reckless  ferocity  of  our  political  oppo 
nents.  But  he  must  understand  that  our  support  is  of  a 
cause  and  not  of  a  man  :  that  the  authority  of  Congress  is 
paramount  mid  must  be  respected;  that  the  whole  body  of 
the  Union  men  of  Congress  will  not  submit  to  be  impeached 
by  him  of  rash  and  unconstitutional  legislation;  and  if  he 
wishes  our  support,  he  must  confine  himself  to  his  execu 
tive  duties— to  obey  and  execute,  not  make  the  laws— to 
suppress  by  arms  armed  rebellion,  and  leave  political  reor 
ganization  to  Congress.  If  the  supporters  of  the  Govern 
ment  fail  to  insist  on  this,  they  become  responsible  for  the 
usurpations  which  they  fail  to  rebuke,  and  are  justly  liable 
to  the  indignation  of  tho  people  whose  rights  and  security, 
committed  to  their  keeping,  they  sacrifice.  Let  them  con 
sider  the  remedy  for  these  usurpations,  and,  having  found 
it,  fearlessly  execute  it. 

ABOLITION  OF  SLAVERY  IX  LOUISIANA. 

18G4,  May  11— The  vote  in  Convention  was— yeas  72, 
nun  13: 

YEAS— Messrs.  M.  R.  Ariail,  0.  W.  Austin,  John  T.  Bar 
rett,  Raphael  Beauvais,  .1.  V.  Bofill,  Robert  Bradshaw  Bell, 
Robert  W.  Bennic.  M.  F.  Bon/ano.  ,1.  B.  Bromley,  Young 
Burke,  Kmile  Collin,  J.  K.  Cook,  Terence  Cook,  F.  M.  Cro 
zat,  R.  King  Cutler,  John  L.  Davies,  James  Duane,  Joseph 
Dupaty,  II.  C.  Edwards,  W.  R.  Fish,  G.  II.  Flags',  Edmond 
Flood,  John  Foley,  G.  A.  Fosdick,  James  Fuller,  Georgo 
Geier,  E.  Goldman,  Joseph  Gorlinski,  Jeremiah  J.  Healy, 
Patrick  Harnan,  Edward  Hart,  John  Henderson,  Jr.,  Alfred 
•C.  Hills,  William  II.  Hire,  George  Howes,  P.  A  Kugler 
H.  Maas,  Willitim  Davis  Mann,  II.  Millspaugh,  John  P. 
•Montamat,  Robert  Morris,  Edward  Murphy,  M.  W  Mur 


phy,  J.  A.  Newell,  Lucien  P.  Normand,  P.  K.  O'Conner, 
Thomas  Orig,  Benjamin  H.  Orr,  John  Payne,  J.  T.  Paine, 
Eudal'lo  G.  Pintado,  0.  II.  Poynot,  John  Puree!!,  Sam 
uel  Pnrsell.  J.  B.  Scbroeder,  Martin  Schnurr,  John 
Sullivan,  Alfred  Shaw,  Charles  Smith.  John  A.  Spellicy, 
Wj«j;im  Tompkins  Stocker,  John  Stumpf,  J.  II.  Stin^r, 
C.  W.  Stauffer,  Robert  W.  Taliaferro,  J.  Randall  Torry,  T. 

B.  Thorpe,  John  W.  Thomas,  Ernest  J.  Wenck,  Thomas  M. 
Wells,  Joseph  Hamilton  Wilson,  and  E.  II  Durell,  Preti* 
dmt—72. 

NAYS— Messrs.  Edmund  Abell,  John  Buckley,  Jr.,  Benj. 

Campbell,  Thomas  J.  Decker, Dufresne,  of  Iberville, 

Robert  J.  Duke,  Louis  Gastinel,  C.  H.  L.  Gruneberg,  II.  J. 
Heard,  Xavier  Maurer,  John  A.  Mayer,  A.  Mendiverri,  H 
W.  Waters— 13. 

A.  Cazabat  and  Jamea  Ennis  voted  aye  the  next  day, 
having  been  absent  when  the  vote  was  taken. 

May  9 — Mr.  JOSEPH  II.  WILSON  moved  to  provide:  "  And 
that  loyal  owners  shall  be  compensated." 

Mr.  GOLDMAN  moved  to  lay  the  motion  on  the  table; 
which  was  agreed  to— yeas  45,  nays  30,  as  followH: 

YEAS — Messrs.  Ariail,  Austin,  Bailey,  JJonzano,  Burke, 
Collin,  Caxabat,  J,  K.  Cook,  Cutler,  Davies,  Duam>,  Dupaty, 
Edwards,  James  Ennis,  Fish,  Flagg,  Flood,  Foley,  Fosdick, 
Goldman,  Gorlinski,  Ilealy,  Harnan,  Hills.  Hire,  Howes, 
Maas,  Mann,  Mill-spaugh,  E.  Murphy,  Newell,  Normand,  J. 
Payne,  Pintado,  S.  Pursell,  Schroedcr,  Schnurr,  Shaw, 
Smith,  Spellicy,  Stauffer,  Taliaferro,  Terry,  Thorpe,  Well* 
— 45 

NAYS— Messrs.  Abell,  Barrett,  Bell,  Bofill,  George  F. 
Brott,  Buckley,  T.  Cook,  Crozat,  Dufresne,  Duke,  Fuller, 
Gruneberg,  Hart,  Heard,  Henderson,  E.  II.  Knobloch, 
Maurer,  Mayer,  Mendiverri,  Montarnat,  M.  W.  Murphy, 
O'Couner,  Ong,  W.  II.  Seymour,  Stocker,  Stumpf,  Stiner,  Sul 
livan,  Waters,  Wilson— 30. 

ABOLITION  OF   SLAVERY  IX  ARKANSAS. 

The  Free  State  Convention  met  January  11,1864,  and 
adopted  a  Constitution,  which  was  submitted  to  a  vote  of 
tho  people,  March  14th,  15th,  and  16th,  and  received  12,177 
votes,  226  being  polled  against  it. 

The  Emancipation  clause  was  adopted  unanimously. 
The  following  ntmied  persons  constituted  the  Convention: 

John  McCoy,  President  of  Convention,  Luther  C.  White, 

C.  A.   Harper,  John   Austin,  Josiah   Harrell,  Harmon   L. 
Holleman,  John   K.Smoot,  Randolph  D.   Swindell.  G.  W. 
Searnans,  James  T.  Swafford,  W.   Holleman,  John  M.  De- 
mint,  Enoch  II.  Vance,  Miles  L.  Langly,  J.  M.  Stapp,  C.  D. 
Jordan,  John   Burton,  John  C.  Pridy,  Reuben  Lamb,  E.  D. 
Ayres,  T.  D.  W.  Yonley,  E.   L.  Maynard,  William   Stout, 
Biirk  Johnson,  Elias  Cook,  L.   D.  Cantrell,   Willis  Jones, 
James  A.  Butler,  T.  M.  Jacks,  Horace  B.  Allis,  John   Box, 
Calvin  C.  Bliss,  A.  B.  Fryrear,  Lemuel  Helms,  R.  L.  Turner, 
Thomas  J.  Young,  James   Huey,  Andrew  G.  Evans,  R.  H. 
Stanficld,  William  Cox,  L.  Dunscouib. 

ABOLITION  OF  SLAVERY  IN  MISSOURI. 

1865,  January  11— The  vote  in  Convention  was— yeas 
59,  nays  4,  as  follows : 

YEAS— W.B.  Adams,  A.  M.  Bedford,  David  Boubam,  Geo. 
K.  Budd,  Harvey  Bunce,  Isidor  Bush,  R.  L.  Childress, 
Henry  A.  Clover,  R.  C.  Cowden,  Samuel  T.  Davis,  John  H. 
Davis,  Isham  B.  Dodson,  Wm.  D.  D'Oench,  Charles  D.  Drake, 
John  II.  Ellis,  John  Esther,  Ellis  Q.  Evans,  Chauncey  I. 
Filley,  J.  W.  Fletcher,  Wm.  H.  Folmsbee,  F.  M.  Fulker- 
son,  John  W.  Gamble,  Archibald  Gilbert,  Abuer  L.Gilstrap, 
Moses  P.  Green,  J.  M.  Grammer,  David  Henderson,  E.  A. 
Ilolcomb,  John  II.  Holdsworth,  Wm.  S  Holland,  H.  F. 
Hughes,  Jos.  F.  Hume,  Geo.  Husmann,  Wyllis  King,  R. 
Leonard,  M.  L.  Linton,  J.  F.  McKernan.  A.  M.  McPherson, 
John  A.  Mack,  A.  II.  Martin,  Ferdinand  Meyer,  JttMl 
P.  Mitchell,  A.  G.  Newgent,  A.  P.  Nixdorf,  James  W.  Owens, 
Doras tns  Peck,  J.'f.  Rankin,  Phillip  Rohrer,  Gustavus  St . 
Gemme,  K.  G.  Smith,  Eli  Smith,  Geo.  P.  Strong,  James  T. 
Button,  John  R.  Swearinger,  G.  C.  Thilenius,  L.  H.  Wea- 
therby  Jeremiah  Williams,  Eugene  Williams,  Arnold  Kre- 
kel,  President— 59. 

NAYS— Samuel  A.  Gilbert,  Thomas  B.  Harris,  William 
A.  Morton,  William  F.  Switzler— 4. 

ABSENT— A.  J.  Barr,  Emory  S.  Foster,  J.  Roger.  Th» 
last  named  had  not  attended  tho  Convention  up  to  the  day 
of  voting. 

ABOLITION  OF  SLAVERY  IN  TENNESSEE. 

1865,  January  10— A  convention  of  Unionists  met  in 
Nashville,  and  adopted  a  series  of  propositions  to  be  sub 
mitted  to  the  people  February  22d,  the  first  of  which  de 
crees  the  abolition  of  slavery.  Over  five  hundred  delegates 
attended,  representing  nearly  every  county.  March  4,  a 
Governor  and  Legislature  are  to  be  chosen.  Wiiiiam  G. 
Brownlow  is  the  Convention's  nominee  for  Governor. 

The  latest  returns  published  comprise  8  counties  in  East 
Tennessee,  21  in  Middle,  1  in  West,  and  10  hospitals,  regi 
ments.  &c.,  giving  an  aggregate  of  21,104  for,  and  4^  against 
the  Constitution.  March  4,  the  Union  Suite  ticket  wu« 
chosen. 


REMAINING  PAPERS  OF  PRESIDENT  LINCOLN. 


EXPLANATORY  OP  GOVERNMENT  PURCHASES  IN 
MAY,  1861. 

1862,  May  29— The  PRESIDENT  sent  this  mes 
sage*  to  Congress  : 
To  the  Senate  and 

House  of  Representatives: 

The  insurrection  which  is  yet  existing  in  the 
United  States,  and  aims  at  the  overthrow  of 
the  Federal  Constitution  and  the  Union,  was 
clandestinely  prepared  during  the  winter  of 
1860  and  1861,  and  assumed  an  open  organiza 
tion  in  the  form  of  a  treasonable  provisional 
government  at  Montgomery,  in  Alabama,  on  the 
18th  day  of  February,  1861.  On  the  12th  day 
of  April,  1861,  the  insurgents  committed  the 
flagrant  act  of  civil  war  by  the  bombardment 
and  capture  of  Fort  Sumter,  which  cut  off  the 
hope  of  immediate  conciliation.  Immediately 
afterwards  all  the  roads  and  avenues  to  this 
city  were  obstructed,  and  the  capital  was  put 
into  the  condition  of  a  siege.  The  mails  in 
every  direction  were  stopped,  and  the  lines  of 
telegraph  cut  off  by  the  insurgents,  and  military 
and  naval  forces,  which  had  been  called  out  by 
the  Government  for  the  defence  of  Washington, 
were  prevented  from  reaching  the  city  by  or 
ganized  and  combined  treasonable  resistance  in 
the  State  of  Maryland.  There  was  no  adequate 
and  effective  organization  for  the  public  de 
fence.  Congress  had  indefinitely  adjourned. 
There  was  no  time  to  convene  them.  It  became 
necessary  for  me  to  choose  whether,  using  only 
the  existing  means,  agencies,  and  processes 
which  Congress  had  provided,  I  should  let  the 
Government  lull  at  once  into  ruin,  or  whether, 
availing  myself  of  the  broader  powers  conferred 
by  the  Constitution  in  cases  of  insurrection.  I 
would  make  an  effort  to  save  it  with  all  its 
blessings  for  the  present  age  and  for  posterity. 
^  I  thereupon  summoned  my  constitutional  ad 
visers,  the  heads  of  all  the  Departments,  to  meet 
on  Sunday,  the  20th  day  of  April,  1861,  at  the 
office  of  the  Navy  Department,  and  then  and 
there,  with  their  unanimous  concurrence,  I 
directed  that  an  armed  revenue  cutter  should 
proceed  to  sea,  to  afford  protection  to  the  com 
mercial  marino,  and  especially  the  California 
treasure  ships  then  on  their  wny  to  this  coast. 

*  Galled  forth  by  the  passage  of  a  resolution,  April  30 
In  the  House— yeas  79,  nays  45— censuring  Secretary  Cam 
eron  lor  a  supposed  responsibility  for,  and  connection  with 
the  circumstances  detailed. 


|  I  also  directed  the  commandant  of  the  navy- 
j  yard  at  Boston  to  purchase  or  charter,  and  arm 
!  as  quickly  as  possible,  five  steamships,  for  pur- 
|  poses  of  public  defence.  I  directed  ihe  com 
mandant  of  the  navy-yard  at  Philadelphia  to 
!  purchase,  or  charter  and  arm,  an  equal  number 
for  the  same  purpose.  I  directed  the  comman- 
dant^at  New  York  to  purchase,  or  charter  and 
arm,  an  equal  number.  I  directed  Commander 
Gillis  to  purchase,  or  charter  and  arm,  and  put 
to  sea  two  other  vessels  Similar  directions 
were  given  to  Commodore  Du  Pont,  with  a  view 
to  the  opening  of  passages  by  water  to  and  from 
the  capital.  I  directed  the  several  officers  to 
take  the  advice  and  obtain  the  aid  and  efficient 
services  in  the  matter  of  his  Excellency  Edwin 
D.  Morgan,  the  Governor  of  New  York,  or,  in 
his  absence,  George  D.  Morgan,  William  M. 
Evarts,  R.  M.  Blatchford,  and  Moses  H.  Grin- 
nell,  who  were,  by  my  direction  >,  esp  cially  em 
powered  by  the  Secretary  of  the  Navy  to  act  for 
his  Department  in  that  crisis,  in  matters  per 
taining  to  the  forwarding  of  troops  and  supplies 
for  the  public  defence. 

On  the  same  occasion  I  directed  that  Gover 
nor  Morgan  and  Alexander  Cummings.  of  the 
city  of  New  York,  should  be  authorized  by  the 
Secretary  of  War,  Simon  Cameron,  to  make  all 
necessary  arrangements  for  the  transportation 
of  troops  and  munitions  of  war  in  aid  and  as 
sistance  of  the  officers  of  the  Army  of  the  Uni 
ted  States,  until  communication  by  mails  and 
telegraph  should  be  completely  re-established 
between  the  cities  of  Washington  and  New 
York.  No  security  was  required  to  be  given  by 
them,  and  either  of  them  was  authorized  to  act 
in  case  of  inability  to  consult  with  the  other. 

On  the  same  occasion  I  authorized  and  di 
rected  the  Secretary  of  the  Treasury  to  advance, 
without  requiring  security,  two  millions  of 
dollars  of  public  money  to  John  A.  Dix,  George 
Opdyke,  and  Richard  M.  Blatchford,  of  New 
York,  to  be  used  by  them  in  meeting  such  re 
quisitions  as  should  be  directly  consequent 
upon  the  military  and  naval  measures  neres- 
sary  for  the  defence  and  support  of  the  Govern 
ment,  requiring  them  only  to  act  without  com 
pensation,  and  to  report  their  transactions  when 
duly  called  upon. 

The  several  departments  of  the  Government 
at   that   time   contained   so  large  a  number  of 
disloyal  persons  that  it  would  have  been  impos- 
333 


REMAINING   PAPERS   OF    PRESIDENT   LINCOLN. 


flible  to  provide  safely,  through  official  agents 
only,  for  the  performance  of  the  duties  thus 
confided  to  citizens  favorably  known  for  their 
ability,  loyalty,  and  patriotism. 

The  several  orders  issued  upon  these  occur 
rences  were  transmitted  by  private  messengers, 
who  pursued  a  circuitous  way  to  the  seaboard 
cities,  inland,  across  the  States  of  Pennsylvania 
and  Ohio  and  the  Northern  Lakes.  I  believe 
that  by  these  and  other  similar  measures  taken 
in  that  crisis,  some  of  which  were  without  any 
authority  of  law,  the  Government  was  saved 
from  overthrow.  I  am  not  aware  that  a  dollar 
of  the  public  funds  thus  confided  without  au 
thority  of  law  to  unofficial  persons  was  either 
lost  or  wasted,  although  apprehensions  of  such 
misdirection  occurred  to  me  as  objections  to 
those  extraordinary  proceedings,  and  were  ne 
cessarily  overruled. 

I  recall  these  transactions  now  because  my 
attention  has  been  directed  to  a  resolution 
which  was  passed  by  the  House  of  Representa 
tives  on  the  30th  day  of  last  month,  which  is 
in  these  words : 

Resolved,  That  Simon  Cameron,  late  Secretary  of  War,  by 
investing  Alexander  Cummings  with  the  control  of  large 
Ki;mg  of  the  public  money,  and  authority  to  purchase  mili 
tary  supplies  withoHt  restriction,  without  requiring  from 
him  any  guarantee  for  the  faithful  performance  of  his  duties, 
when  the  services  of  competent  public  officers  were  availa 
ble,  and  by  involving  the  Government  in  a  vast  number  of 
contracts  with  persons  not  legitimately  engaged  in  the  busi 
ness  pertaining  to  the  subject-matter  of  such  contracts,  es 
pecially  in  the  purchase  of  arms  for  future  delivery,  lias 
adopted  a  policy  highly  injurious  to  the  public  service,  and 
deserves  the  censure  of  the  House. 

Congress  will  see  that  I  should  be  wanting 
equally  in  candor  and  in  justice  if  I  should 
leave  the  censure  expressed  in  this  resolution 
to  rest  exclusively  or  chiefly  upon  Mr.  Cameron. 
The  same  sentiment  is  unanimously  entertained 
by  the  heads  of  Departments,  who  participated 
in  the  proceedings  which  the  House  of  Repre 
sentatives  has  censured.  It  is  due  to  Mr.  Cam 
eron  to  say  that,  although  he  fully  approved 
the  proceedings,  they  were  not  moved  nor  sug 
gested  by  himself,  and  that  not  only  the  Presi 
dent  but  all  the  other  heads  of  Departments 
were  at  least  equally  responsible  with  him  for 
whatever  error,  wrong,  or  fault  was  committed 
in  the  premises. 

ABRAHAM  LINCOLN. 

WASHINGTON,  May  26,  1862. 

THE  PRESIDENT'S  REMARKS  AT  A   UNION  MEET 
ING    IN    WASHINGTON,  AUGUST    6,    1862. 

FELLOW-CITIZENS  :  I  believe  there  is  no  precedent  for  my 
appearing  before  you  on  this  occasion,  hut  it  is  also  true 
that  there  is  no  precedent  for  your  being  here  yourselves, 
and  I  offer,  in  justification  of  myself  and  of  you,  that,  upon 
examination,  I  have  found  nothing  in  the  Constitution 
against  it.  I,  however,  have  an  impression  that  there  are 
vounger  gentlemen  who  will  entertain  you  better,  and  better 
address  your  understanding  than  I  will  or  could,  and 
therefore  I  propose  but  to  detain  you  a  moment  longer. 

I  am  very  little  inclined  on  any  occasion  to  say  anything 
unless  I  hope  to  produce  some  good  by  it.  The  only  thing 
I  think  of  just  now  not  likely  to  be  better  said  by  some  one 
vise,  is  a  matter  in  which  we  have  heard  some  other  persons 
blamed  for  what  I  did  ifiyself.  There  has  been  a  very  wide 
spread  attempt  to  have  a  quarrel  between  Gen.  McClellan 
air.l  the  Secretary  of  War.  Now,  I  occupy  a  position  that 
enables  me  to  observe,  that  these  two  gentlemen  arc  not 
nearly  so  deep  in  the  quarrel  as  some  pretending  to  bo  their 
friends.  General  McClellan's  attitude  is  such  that,  in  the 
very  selfishness  of  his  nature,  he  cannot  but  wish  to  be  suc- 
cr.'sful,  iind  1  hope  he  will — and  the  Secretary  of  War  is  in 
precisely  the  same  situation.  If  the  military  commanders 


in  the  field  cannot  be  successfi  1,  not  only  the  Secretary  ol 
War,  but  myself,  for  the  time  being  the  master  of  them  both, 
cannot  but  be  failures.  I  know  General  McClellan  wishes 
to  be  successful,  and  I  know  he  does  not  wish  it  any  more 
than  the  Secretary  of  War  lor  him,  and  both  of  them 
toiri-thcr  no  more  than  I  wish  it.  Sometimes  wo  have  a 
dispute  about  how  many  men  General  McClellan  has  had, 
and  those  who  would  disparage  him  say  that  ht  has  had  a 
very  large  number,  and  those  who  would  dh  parade  the 
Secretary  of  War  insist  that  General  McClellan  has  had  a 
very  small  number.  The  basis  for  this  is,  theie  is  always 
a  wide  difference,  and  on  this  occasion,  perhaps  u  wider  one 
than  usual,  between  the  grand  total  on  McClellaifs  rolls 
and  the  men  actually  fit  for  duty ;  and  those  who  would 
disparage  him  talk  of  the  grand  total  on  paper,  and  thow» 
who  would  disparage  the  Secretary  of  War  talk  of  those  at 
present  fit  for  duty.  General  McClellaii  has  sometime 
asked  for  things  that  the  Secretary  of  War  did  not  give  him. 
General  McClellan  is  not  to  blame  for  asking  for  what  he 
wanted  and  needed,  and  the  Secretary  of  War  is  not  to 
blame  for  not  giving  when  he  had  none  to  give.  And  I  say 
here,  as  far  as  I  know,  the  Secretary  of  War  has  withheld 
no  one  thing  at  any  time  in  my  power  to  give  him.  I  have 
no  accusation  .against  him.  I  believe  he  is  a  brave  and 
able  man,  and  I  stand  here,  as  justice  requires  me  to  do,  to 
take  upon  myself  what  has  been  charged  on/the  Secretary 
of  War,  as  withholding  from  him. 

I  have  talked  longer  than  I  expected  to  do,  and  now  I 
avail  myself  of  my  privilege  of  saying  no  more. 


The  President's  Letters  on  Politics. 

TO    HORACE    OREELEY. 

EXECUTIVE  MANSION, 
WASHINGTON,  Friday,  Aug.  22, 1862. 
Hor  HORACE  GREELEY  : 

DEVR  SIR  :  I  have  just  read  yours  of  the  10th  instant,  ad 
dressed  to  myself  through  the  New  York  Trilmne. 

If  there  be  in  it  any  statements  or  assumptions  of  fact 
which  I  may  know  to  be  erroneous,  I  do  not  now  and  here 
controvert  them. 

If  there  be  any  inferences  which  I  may  believe  to  be 
falsely  drawn,  I  do  not  now  and  here  argue  against  them. 

If  there  bo  perceptible  in  it  an  impatient  and  dictatorial 
tone,  I  waive  it  in  deference  to  an  old  friend  whose  heart 
I  have  always  supposed  to  be  right. 

As  to  the  policy  I  "  seem  to  be  pursuing,"  as  you  say,  I 
have  not  meant  to  leave  any  one  in  doubt.  I  wouldJsave 
the  Union.  I  would  save  it  in  the  shortest  way  under  the 
Constitution. 

The  sooner  the  national  authority  can  be  restored,  the 
nearer  the  Union  will  be — the  Union  as  it  was. 

If  there  be  those  who  would  not  save  the  Union  unless 
they  could  at  the  same  time  save  slavery,  I  do  not  agree 
with  them. 

If  there  be  those  who  would  not  save  the  Union  unless 
they  could  at  the  same  time  destroy  slavery,  1  do  not  agree 
with  them. 

M if  paramount  object  is  to  s«rc  the  Union  and  not  either  to 
sat-e  or  destroy  slavery. 

If  I  could  save  the  Union  without  freeing  any  slave,  I 
would  do  it — and  if  I  could  save  it  by  freeing  all  the  slaves, 
I  would  do  it — and  if  I  could  save  it  by  freeing  some  and 
leaving  others  alone,  I  would  also  do  that. 

What  I  do  about  slavery  and  the  colored  race,  I  do  be 
cause  I  believe  it  helps  to  save  the  Union,  and  what  I  for 
bear,  I  forbear  because  I  do  not  believe  it  would  help  to 
save  the  Union. 

I  shall  do  less  whenever  I  shall  believe  what  I  am  doing 
hurts  the  cause,  and  shall  do  more  whenever  I  believe  do 
ing  more  will  help  the  cause. 

I  shall  try  to  correct  errors  when  shown  to  be  errors,  and 
I  shall  adopt  new  views  so  fast  as  they  shall  appear  to  be 
true  views. 

I  have  here  stated  my  purpose  according  to  ray  view  of 
official  duty,  and  I  intend  no.modincat  ion  of  my  oit-exiin*sed 
personal  wish  that  all  men  everywhere  could  be  free 

Yours,  A.  LINCOLN. 


THE  PRESIDENT'S  RESPONSE  TO  A  SERENA" 

JULY,  1863. 

FELLOW-CITIZENS:  I  am  very  gl  id  indeed  to  see  v 
night,  and  yet  I  will  not  say  I  thank  you,  for  this  call;  bi:t 
I  do  most  sincerely  thank  Almighty  God  for  the  occasion 
on  which  you  have  called.  How  long  a.^o  is  it,— eigli'y  <>dd 
years  since  on  the  Fourth  of  July,  for  the  first  time,  in  the 
history  of  the  world,  a  nation,  by  its  representatives,  as 
sembled  and  declared  as  a  self-evident  truth .  •'  that  all  men 
are  created  equal  "  That  was  the  birthday  of  the  United 
States  of  America.  Since  then  the  Fourth  of  July  has  bad 
several  very  peculiar  recognitions.  The  two  men  mostdis- 
tinguifhed'in  the  framing  and  support  of  the  Declaration 


REMAINING    PAPERS    OF    PRESIDENT   LINCOLN. 


335 


were  Thomas  Jefferson  .and  John  Adams — the  ono  having  I 
penned  it,  and  the  other  sustained  it  the  most  forcibly  in 
debate— the  only  two  of  tho  fifty-live  who  signed  it.  and 
were  elected  Presidents  of  the  United  State.s.  Precisely  11. ty 
years  after  they  put  their  hands  to  tho  paper,  it  pleased 
Almighty  God  to  take  both  from  this  stago  of  action.  This 
was  indeed  an  extraordinary  f.nd  remarkable  event  in  our 
history.  Another  President,  five  years  after,  was  called 
from  this  stage  of  existence  on  tho  sumo  day  and  month  of 
the  year  ;  and  now  on  this  last  Fourth  of  July,  just  passed, 
when  we  have  a  gigunt-ii',  rebellion,  at  the  bottom  of  which 
is  an  effort  to  overthr  w  the  principle  that  all  men  were 
created  equal,  we  have  the  surrender  ot  a  most  powerful 
position  and  army  on  that  very  day.  And  not  only  so,  but 
in  a  succession  of  battles  in  Pennsylvania,  near  to  us, 
through  three  days,  so  rapidly  fought  that  they  might  be 
called  ono  great  battle,  on  the  first,  second,  and  third  of  the 
month  of  July  ;  aud  on  the  fourth  the  cohorts  of  those  who 
opposed  the  Declaration  that  all  men  are  created  equal, 
"  turned  tail  "  and  run.  [Long  continued  cheers. J  Gentle 
men,  this  is  a  glorious  theme,  and  the  occasion  for  a  spe.-ch, 
but  I  am  not  prepared  to  make  one  worthy  of  the  occasion. 
I  would  like  to  speak  in  terms  of  praise  due  to  the  many 
bravo  officers  and  soldiers  who  have  fought  in  the  cause  of 
the  Uuio.i  and  liberties  of  their  country  from  the  beginning 
of  the  war.  These  are  trying  occasions,  not  only  in  suc 
cess,  but  f,r  the  want  of  success.  I  dislike  to  mention  the 
name  of  one  single  officer,  lest  I  might  do  wrong  to  those  I 
might  forget.  Recent  events  bring  up  glorious  names,  and 
particularly  prominent  ones;  but  these  I  will  not  mention. 
Having  said  this  much,  I  will  now  take  the  music. 


THE  PRESIDENT'S  LETTER  TO  THE  ILLINOIS  CON 
VENTION. 

EXECUTIVE  MANSIOX, 
WASHINGTON.  August  26, 1863. 
Hon.  JAMES  C.  CONKLING  : 

MY  DKAR  SIR  :  Your  letter  inviting  me  to  attend  a  mass 
meeting  of  unconditional  Union  men,  to  be  held  at  the  cap 
ital  of  Illinois,  on  the  3d  day  of  September,  has  been  re 
ceived.  It  would  be  very  agreeable  for  me  thus  to  meet 
my  old  friends  at  my  own  home  :  but  I  cannot  just  now 
be  absent  from  here  HO  long  as  a  visit  there  would  require. 

The  meeting  is  to  be  of  all  those  who  maintain  uncondi 
tional  devotion  to  the  Union  ;  and  I  am  sure  that  my  old 
political  iriends  will  thank  me  for  tendering,  as  I  do,  the 
nation's  gratitude  to  those  other  noble  men  whom  no  par 
tisan  malice  or  partisan  hope  can  make  false  to  the  nation's 
life. 

There  are  those  who  are  dissatisfied  with  me.  To  such 
I  would  say  :  you  desire  peace,  and  you  blame  me  that  we 
do  not  have  it.  But  how  can  we  attain  it  ?  There  are  but 
three  conceivable  ways  :  First — to  suppress  the  Rebellion 
by  force  of  arms.  This  I  am  trying  to  do.  Are  you  for  it? 
It  you  are,  so  far  we  are  agreed.  If  you  are  nut  for  it.  a 
second  way  is  to  give  up  the  Union.  I  ;  m  ngainpt  this. 
Are  you  lor  it '(  If  you  are,  you  should  say  so  plainly.  If 
jou  are  not  for  force,  nor  yet  for  dissolution,  there  only 
remains  some  imaginable  compromise. 

I  do  not  believe  that  any  compromise  embracing  the 
maintenance  ot  the  Union  is  now  possible.  All  that  I  Jearn 
leads  to  a  directly  opposite  beiiei.  The  strength  of  UK- 
Rebellion  is  its  military,  its  army.  That  army  dominates 
all  the  country,  aid  all  the  people  within  its  range.  Any 
offer  of  terms  made  by  any  man  or  men  wilhin  that  range, 
in  opposition  to  that  army,  is  simply  nothing  forthepres 
«nt ;  because  such  man  Oi'  men  have  no  power  whatever  to 
enforce  their  side  of  a  compromise,  if  one  were  made  with 
them. 

To  illustrate:  Suppose  refugees  from  the  South  and  peace 
men  of  the  North  get  together  in  convention,  and  frame 
and  proclaim  a  compromise  embracing  a  restoration  of  the 
Union.  Ii,  what  way  can  that  compromise,  bo  used  to  keep 
Lei:'s  army  out  of  Pennsylvania?  Meadc's  army  can  keep 
Lte's  army  out  ol  Pennsylvania,  and,  I  think,  can  ulti 
mately  drive  it  out  of  existence.  But  no  paper  compro 
mise  to  which  the  controllers  of  Lce'a  army  are  not  agreed 
can  at  all  affect  that  army.  la  an  effort  at  such  compromise 
we  would  waste  time,  which  the  enemy  would  improve  to 
our  disadvantage  ;  and  that  would  be  all. 

A  compromise,  to  bo  effective,  must  bo  made  either  with 
those  who  control  the  rebel  army,  or  with  the  people,  first 
liberated  from  the  domination  of  that  army  by  the  success 
of  o JF  own  army .  Now,  allow  me  to  assure  you  that  no 
word  or  intimation  from  that  rebel  army,  or  from  any  of 
the  mea  controlling  it,  in  relation  to  any  peace  compromise, 
has  over  come  to  my  knowledge  or  belief.  AH  charges  and 
insinr.atl  ns  to  the  contrary  are  deceptive  and  groundless. 
A:  id  I  promise  you  that  if  any  such  proposition  shall  here 
after  come,  it  shull  not  be  rejected  and  kept  a  secret  from 
you.  I  freely  acknowledge  myself  to  be  the  servant  of  the 


people,  according  to  the  bond  of  service,  the  United  States 
Constitution  ;  and  that,  as  such,  I  am  responsible  to  them. 

But,  to  be  plain .  You  arc  dissatisfied  with  me  about  tho 
negro.  Quite  likely  there  is  a  difference  of  opinion  between 
you  and  myself  upon  that  subject.  L  cartainly  w.sh  that 
all  men  could  be  free,  while  you,  I  suppose,  do  not.  Yet,  I 
have  neither  adopted  nor  proposed  any  measure  which  is 
not  consistent  with  even  your  view,  provided  that  you  are 
for  the  Union.  I  suggested  compensated  emancipation  ;  to 
which  you  replied  you  wished  not  to  be  taxed  to  buy  ne 
groes.  But  I  had  not  asked  you  to  be  taxed  to  buy  negro  .-s, 
except  in  such  a  way  as  to  save  you  from  greater  taxation 
to  save  the  Union  exclusively  by  other  means.  « 

You  dislike  the  Emancipation  Proclamation,  and  perhaps 
would  have  it  retracted.  You  say  it  is  unconstitutional.  1 
think  differently.  I  think  the  Constitution  invests  its  Com- 
mander-iri-Chicf  with  the  law  of  war  in  time  of  war.  The 
most  that  can  be  said,  if  so  much,  is,  that  slaves  are  prop 
erty.  Is  there,  has  there  ever  been,  any  question  that  by 
the  law  of  war,  property,  both  of  enemies  and  friends,  may 
betaken  when  needed  ?  And  is  it  not  needed  whenever  it 
helps  us  and  hurts  the  enemy  ?  Armies,  the  world  over, 
destroy  enemies' property  when  they  cannot  use  it;  and 
even  d'cstroy  their  own  to  keep  it  from  the  enemy.  Civil  • 
ized  belligerents  do  all  in  their  power  to  help  themselves 
or  hurt  the  enemy,  except  a  rcw  things  regarded  as  bar 
barous  or  cruel.  Among  the  exceptions  are  the  massacre 
of  vanquished  foes  and  noo-combatants,  male  and  fe 
male. 

But  the  Proclamation,  as  law,  either  is  valid  or  is  not 
valid.  If  it  is  not  valid  it  needs  no  retraction.  If  it  is 
valid  it  cannot  be  retracted,  any  more  than  the  dead  can  be 
brought  to  life.  Some  of  you  profess  to  think  its  retraction 
would  operate  favorably  for  the  Union.  Why  better  after 
the  retraction  than  before  the  issue?  There  was  more  than 
a  year  and  a  half  of  trial  to  suppress  the  rebellion  before 
the  Proclamation  was  issued,  the  last  one  hundred  days  of 
which  passed  under  an  explicit  notice  that  it  was  coming, 
unless  averted  by  those  in  revoU  returning  to  their  allegi 
ance.  Tho  war  has  certainly  progressed  as  favorably  for 
us  since  the  issue  cf  the  Proclamation  as  before. 

I  know  as  fully  as  one  can  know  the  opinion  of  others 
that  some  of  the  commanders  of  our  armies  in  the  field, 
who  hav«  given  us  our  most  important  victories,  believe  the 
emancipation  policy  and  tho  use  of  colored  troops  constitute 
the  heaviest  blows  yet  dealt  to  the  rebellion,  and  that  at 
least  one  of  those  important  successes  could  not  have  been 
achieved  when  it  was  but  for  the  aid  of  black  soldiers. 

Among  the  commanders  who  hold  these  views  are  some 
who  have  never  had  an  affinity  with  what  is  culled  "  aboli 
tionism,"  or  with  "  Republican  party  politics,"  but  who  hold 
them  purely  as  military  opinions.  I  submit  their  opinions 
as  entitled  to  some  weight  against  the  objections  often 
urged  that  emancipation  and  arming  the  blacks  are  unwise 
as  military  measures,  and  were  not  adopted  as  such  in  good 
faith. 

You  say  that  you  will  not  fight  to  free  negroes.  Some  of  them 
seem  willing  to  fight  for  you ;  but  no  matter.  Fight  you, 
then,  exclusively,  to  save  the  Union.  I  issued  the  procla 
mation  on  purpose  to  aid  you  in  saving  the  Union.  When 
ever  you  shall  have  conquered  all  resistance  to  the  Union, 
if  I  shall  urge  you  to  continue  lighting,  it  will  be  an  apt 
time  then  for  you  to  declare  you  will  not  fight  to  free  ne 
groes.  I  thought  that  in  your  struggle  for  the  Union,  to 
whatever  extent  tho  negroes  should  cease  helping  the  en 
emy,  to  that  extent  it  weakened  the  enemy  in  his  resistance! 
to  you.  Do  you  think  differently?  I  thought  whatever 
negroes  can  be  got  to  do  as  soldiers,  leaves  just  so  much 
less  for  white  soldiers  to  do  in  saving  the  Union.  Does  it 
appear  otherwise  to  you  ?  But  negroes,  like  other  people, 
aet  upon  motives.  Why  should  they  do  anything  for  us  if 
we  will  do  nothing  for  them  ?  If  they  stake  their  lives  for 
tis  they  must  be  prompted  by  tho  strongest  motives,  even 
the  promise  of  freedom.  And  the  promise,  being  made, 
must  be  kept. 

The  signs  look  better.  The  Father  of  Waters  again  goes 
unvexed  to  the  sea.  Thanks  to  the  great  Northwest  for  it : 
nor  yet  wholly  to  them.  Three  hundred  miles  up  they  met 
New  England,  Empire,  Keystone,  and  Jersey,  hewing  their 
way  right  and  left.  The  sunny  South,  too,  in  more  colors 
than  one,  also  lent  a  helping  hand.  On  tho  spot,  their  port 
of  the  history  was  jotted  down  in  black  and  white.  The 
job  was  a  great  national  one,  and  let  none  be  slighted  who 
bore  an  honorable  part  in  it.  And  while  those  who  have 
cleared  the  great  river  may  well  be  proud,  even  that  is  not 
all.  It  is  hard  to  say  that  anything  has  been  more  bravely 
and  well  done  than  at  Antietam,  Murlroesboro,  Gettysburg, 
and  on  many  fields  of  less  note.  Nor  must  Uncle  Sam's 
web  feet  be  forgotten.  At  all  the  watery  margins  they 
have  been  present,  not  only  on  the  deep  sea,  the  broad  bay, 
and  the  rapid  river,  but  also  up  the  narrow,  muddy  bayou, 
and  wherever  the  ground  w;is  a  liltle  damp  they  have  been 
and  made  their  tracks.  Thanks  to  all.  For  the  great  Re- 


336 


REMAINING   PAPERS   OF   PRESIDENT   LINCOLN. 


public— for  the  principle  it  lives  by  and  keeps  alive— for  j 
man's  vast  future — thanks  to  all. 

Peace  does  not  appear  BO  distant  :is  it  did.     I  hope  it  will 
come  soon  and  come  to  stay ;  and  so  come  as  to  be  worth  ; 
the  keeping  in  all  future   time.     It  will  then  have  been 
proved  that  among  freemen  there  can  be  no  successful  ap-  ; 
peal  from  the  ballot  to  the  bullet,  and  that  they  who  take  | 
such  appeal  are  sure  to  lose  their  case  and  pay  the  cost.  , 
And  there  will  be  some  black  men  who  can  remember  that  j 
with  silent  tongue,  and  clinched  teeth,  and  steady  eye,  and  i 
well-poised  bayonet,  they  have  helped  mankind  on  to  this  j 
great  consummation,  while  I  fear  there  will  bo  some  white 
ones  unable  to  forget  that  with  malignant  heart  and  deceit-  ! 
ful  speech  they  have  striven  to  hinder  it. 

Still,  let  us  not  be  over-sanguine  of  a  speedy,  final  tri-  | 
umph.  Let  us  be  quite  sober.  Let  us  diligently  apply  the  | 
means,  never  doubting  that  a  just  God,  in  his  own  good  j 
time,  will  give  us  the  rightful  result. 

Yours,  very  truly,  A.  LINCOLN. 

THE  PRESIDENT'S  LETTER  TO  THE  NORTH  AMERICAN  j 

REVIEW. 

EXECUTIVE  MANSION, 
WASHINGTON,  January  16, 1864. 
Messrs.  CROSBY  &  NICHOLS  : 

GENTLEMEN  :  The  number  for  this  month  and  year  of  the 
North  American  Review  was  duly  received,  and  for  which 
please  accept  my  thanks.  Of  course,  I  am  not  the  most 
impartial  judge,  yet,  with  due  allowance  for  this,  I  venture 
to  hope  that  the  article  entitled  "  The  President's  Policy," 
will  be  of  value  to  the  country.  I  fear  I  am  not  quite  i 
worthy  of  all  which  is  therein  kindly  said  of  me  personally,  j 

The  sentence  of  twelve  lines,  commencing  at  the  top  of  , 
page  25'2,  I  could  wish  to  be  not  exactly  as  it  is.    In  what  j 
is  there  expressed  the  writer  h;is  not  correctly  understood 
me.    I  have  never  had  a  theory  that  secession  could  absolve 
States  or  people  from  their  obligations.    Precisely  the  con 
trary  is  asserted  in  the  inaugural  address;  and  it  was  be-  j 
cause  of  my  belief  in  the  continuation  of  these  obligations  j 
that  I  was  puzzled,  fora  time,  as  to  deny  ing  the  legal  rights  j 
of  those  citizens  who  remained  individually  innocent  of 
treason  or  rebellion.    But  I  mean  no  more   now  than  to 
merely  call  attention  to  this  point. 

Yours  respectfully,  A.  LINCOLN. 

The  sentence  in  the  January  number,  refered 
to  by  Mr  Lincoln,  is  as  follows  : 

Even  so  long  ago  as  when  Mr.  Lincoln,  not  yet  convinced 
of  the  danger  and  magnitude  of  the  crisis,  was  endeavoring 
to  persuade  himself  of  Union  majorities  at  the  South,  and 
to  carry  on  a  war  that  was  half  peace  in  hope  of  a  peace  that 
would  'have  been  all  war,  while  he  was  still  enforcing  the 
fugitive  slave  law,  under  some  theory  that  secession,  how 
ever  it  might  absolve  States  from  their  obligations,  could 
not  escheat  them  of  their  claims  under  the  Constitution, 
and  that  slaveholders  in  rebellion  had  alone,  among  mor 
tals,  the  privilege  of  having  their  cake  and  eating  it  at  the 
same  time— the  enemies  of  free  government  were  striving 
to  persuade  the  people  that  the  war  was  an  abolition  cru 
sade.  To  rebel  without  reason  was  proclaimed  as  one  of 
the  rights  of  man,  while  it  was  carefully  kept  out  of  sight 
that  to  suppress  rebellion  is  the  first  duty  of  the  Govern 
ment. 

To  this  the  editors  of  the  Review  append  a 
note,  as  follows: 

Nothing  could  have  been  further  from  the  intention  of 
the  editors  than  to  misrepresent  the  opinions  of  the  Presi 
dent.  They  merely  meant  that,  in  their  judgment,  the 
policy  of  the  administration  was  at  first  such  as  practically 
to  concede  to  any  rebel  who  might  choose  to  profess  loyalty, 
rights  under  the  Constitution  whose  corresponding  obliga 
tions  he  repudiated. 

THE  PRESIDENT'S  LETTER  TO  COLONEL  HODGES  OF 
KENTUCKY. 

EXECUTIVE  MANSION, 
WASHINGTON,  April  4, 1864. 
A.  G.  HODQES,  Esq.,  Frankfort,  Ky  : 

MY  DEAR  SIR:  You  nsk  mo  to  put  in  writing  the  sub 
stance  of  what  1  verbally  said  the  other  day,  in  your  pres 
ence,  to  Governor  Brrffnlette  and  Senator  Dixou.  It  was 
about  as  follows : 

"  I  am  naturally  anti-slavery  If  slavery  is  not  wrong, 
nothing  is  wrong.  I  caonot  remember  when  I  did  not  so 
think  and  feel,  and  yet  I  have  never  understood  that  the 
Presidency  conferred  upon  me  an  unrestricted  right  to  act 
officially  upon  this  judgment  and  feeling.  It  was  in  the 
oath  I  took  that  I  would  to  the  best  of  my  ability  preserve, 
protect,  and  defend  the  Constitution  of  the  United  States. 


I  could  not  take  the  office  without  taking  the  oath.  Nor 
was  it  my  view  that  I  might  take  an  oath  to  get  power,  and 
break  the  o-ith  in  uping:  the  j>ower.  I  understood,  too.  that 
in  ordinary  and  civil  administration  this  oath  even  forbad* 
me  to  practically  iridulg  ••  my  primnry  abstract  juogment  on 
the  moral  question  of  slavery.  I  had  publicly  declared  this 
many  times,  and  in  many  ways.  And  I  jtv.-r  that,  to  this 
day,  I  have  done  no  official  act  in  mere  deferenca  to  my  ab 
stract  judgment  and  feeling  on  slavery  I  did  understand, 
however,  that  my  oath  to  preserve  the  Constitution  to  the 
best  of  my  ability,  imposed  upon  me  the  duty  of  preserr- 
ing,  by  every  indispensable  means,  that  Government — that 
nation,  of  which  that  Constitution  was  the  organic  law. 
Was  it  possib'e  to  lose  the  nation  and  yet  preserve  the  Con- 
t  ut  ion  ?  By  general  law,  life  and  lirnb  must  b<;  protected : 
yet  often  a  limb  must,  be  amputated  to  save  a  life;  but  a 
life  is  never  wisely  given  to  save  a  limb.  I  felt  that  meas 
ures,  otherwise  unconstitutional,  muht  become  lawful,  by 
becoming  indispensable  to  the  preservation  of  the  Constitu 
tion,  through  the  preservation  of  the  nation.  Kight  or 
wrong,  I  assumed  this  ground,  and  now  avow  it.  I  could 
not  feel  that,  to  the  best  of  my  ability  I  had  even  tried  to 
preserve  the  Constitution,  if,  to  save  slavery,  or  «ny  minor 
matter,  I  should  permit  the  wreck  of  Government,  country, 
and  Constitution,  altogether.  When  early  in  the  war, Gen 
eral  Fremont  attempted  military  emancipation,  I  forbade 
it,  because  T  did  not  then  think  it  an  indispensable  neces 
sity.  When  a  little  later ,  General  Cameron,  then  Secretary 
of  War,  suggested  the  arming  of  the  blacks,  I  objected,  be 
cause  I  did  not  yet  think  it  an  indispensable  necessity. 
When, still  later,  General  Hunter  attempted  military  eman 
cipation,  I  again  forbsde  it,  because  I  did  not  yet  think  the 
indispensable  necessity  bad  come.  When  in  March  and 
May,  and  July.  1862,  I  made  earnest  and  successive  appeals 
to  the  border  States  to  favor  compensated  emancipation,  I 
believed  the  indispensable  necessity  for  military  emancipa 
tion  and  arming  the  blacks  would  come,  unless  averted  by 
that  measure.  They  declined  the  proposition,  and  I  was,  in 
my  best  judgment,  driven  to  the  alternative  of  either  sur 
rendering  the  Union,  and  with  it,  the  Constitution,  o.-  of 
laying  strong  hand  upon  the  colored  element.  I  chose  the 
latter.  In  choosing  it,  I  hop-d  for  greater  gain  than  loss, 
butof  this  I  was  not  entirely  confident.  More  than  u  year  of 
trial  now  shows  no  loss  by  it  in  our  foreign  relations,  none 
in  our  home  popular  sentiment,  none  in  our  white  military 
force,  no  loss  by  it  any  how,  or  anywhere.  On  the  contrary, 
it  shows  a  gain  of  quite  a  hundred  and  thirty  thousand  sol 
diers,  seamen ,  and  laborers.  These  are  palpable  facts,  about 
which,  as  facts,  there  can  be  no  cavilling.  We  have  tb* 
men  ;  and  we  could  not  have  had  them  without  the  meas 
ure. 

And  now  let  any  Union  man  who  complains  of  thi*. 
measure,  test  himself  by  writing  down  in  one  line,  that  h» 
is  for  subduing  the  rebellion  by  force  of  arms ;  and  in  the 
next,  that  he  is  for  taking  three  hundred  and  thirty  thou 
sand  men  from  the  Union  side,  and  placing  them  where 
they  would  be  best  for  the  measure  he  condemns.  If  he 
aunot  face  his  case  so  stated,  it  is  only  because  he  cannot 
face  the  truth." 

I  add  a  word  which  was  not  in  the  verbal  conversation. 
In  telling  this  tale,  I  attempt  no  compliment  to  my  own 
sagacity.  I  claim  not  to  have  controlled  events,  but  confess 
plainly  that  events  have  controlled  me.  Now  at  the  end  of 
three  years'  struggle,  the  nation's  condition  is  not  what 
either  party,  or  a  >y  man  devise-i,  or  expected.  God  alone 
can  claim  it.  Whither  it  is  tending  seems  plain.  If  Cod 
now  wills  the  removal  of  a  great  wrong,  ami  wills  also  that 
we  of  the  North,  as  well  as  you  of  the  South,  shall  pay  Burly 
for  our  complicity  in  that  wron:-,'.  impartial  history  will  find 
therein  new  causes  to  attest  and  revere  the  justice  and 
goodnestf  of  God.  Yours,  truly,  TTvnnfV 

A.  LINCOLN. 


TO    A    NEW    YORK    MEETING. 

EXECUTIVE  MANSION, 
WASHINGTON,  June  3,  1864. 

Hon.  F.  A.  CONKLINQ,  and  others : 

GENTLEMEN  :  Your  letter,  inviting  me  to  be  present  at  a 
mass  meeting  of  loyal  citizens  to  be  held  at  New  York,  on 
the  4th  inst.,  lor  the  purpose  of  expressing  gratitude  to 
Lieutenant  General  Grant  for  his  signal  services,  was  re 
ceived  yesterday.  It  is  impossible  for  me  to  attend.  I  ap 
prove,  nevertheless,  whatever  may  tend  to  strengthen  and 
sustain  General  Grant  and  the  noble  armies  now  under  DIB 
direction. 

My  previous  high  estimate  of  General  Grant  has  b»-tn 
maintained  and  heightened  by  what  has  occurred  in  the 
remarkable  campaign  he  in  now  conducting,  \\lnle  the 
magnitude  and  difficulty  of  the  task  before  him  do  not 
prove  less  than  I  expected,  he  and  his  brave  soldiers  are 
now  in  the  midst  of  their  great  trial,  and  I  trust  at  your 


REMAINING    PAPERS    OF    PRESIDENT    LINCOLN. 


meeting  you  will  80  shape  your  good  words  that  they  may 
turn  to  meii  aud  guns,  moTing  to  his  arid  their  .support. 
Yours,  truly,  A.  LINCOLN. 

SPEECH  OP  MR.  LINCOLN  AT  THE  PHILADELPHIA 
FAIR,  JUNE  1C,  1864. 

I  suppose  that  this  toast  was  intended  to  open  the  way 
for  me  to  say  something. 

War,  at  the  best,  is  terrible,  and  this  war  of  ours,  in  its 
magnitude  aud  in  its  deration,  is  one  of  the  most  terrible. 
It  has  deranged  bu&iuess,  totally  in  many  localities,  aud 
partially  in  all  localities.  It  has  destroyed  property  aud 
ruined  homos ;  it  has  produced  a  national  debt  and  taxation 
unprecedented,  at  least  in  this  country;  it  has  carried 
mourning  to  almost  every  home,  until  it  can  almost  be  said 
that  the  ';  heavens  are  hung  in  black." 

Yet  the  war  continues,  and  several  relieving  coincidents 
have  accompanied  it  from  the  very  beginning  which  have 
not  been  known,  as  I  understand,  or  have  any  knowledge 
of,  in  any  former  wars  in  the  history  of  the  world.  The 
Sanitary  Commission,  with  all  its  benevolent  labors ;  the 
Christian  Commission,  with  all  its  Christian  and  benevolent 
labors ;  and  the  various  places,  arrangements,  so  to  speak, 
and  institutions,  have  contributed  to  the  comfort  and  relief 
of  the  soldiers.  You  have  two  of  these  places  in  this  city — 
the  Cooper  Shop  and  Union  Volunteer  Refreshment  Saloons. 
And,  lastly,  these  Fairs,  which,  I  believe,  began  only  in  last 
August,  if  I  mistake  not,  in  Chicago,  then  at  Boston,  at 
Cincinnati,  Brooklyn,  New  York,  at  Baltimore,  and  those  at 
present  held  at  St.  Louis,  Pittsburgh,  and  Philadelphia. 
The  motive  and  object  that  lie  at  the  bottom  of  all  these 
are  most  worthy ;  for,  say  what  you  will,  ai'tcr  all,  the  most 
is  due  to  the  soldier,  who  takes  his  lil'e  in  his  hands  and 
goes  to  fight  the  battles  of  his  country.  In  what  is  con 
tributed  to  his  comfort  when  he  passes  to  and  fro,  and  in 
what  is  contributed  to  him  when  he  is  sick  and  wounded, 
in  whatever  shape  it  comes,  whether  from  the  lair  and 
tender  hand  of  woman,  or  from  any  other  source,  it  is 
much,  very  much.  But  I  think  that  there  is  still  that 
which  is  of  as  much  value  to  him  in  the  continual  re 
minders  he  sees  in  the  newspapers  that  while  he  is  absent 
he  is  yet  remembered  by  the  loved  ones  at  home.  Another 
view  of  these  various  institutions,  if  I  may  so  call  them,  is 
wor!  hy  of  consideration,  I  think.  They  are  voluntary  con 
tributions,  given  zealously  and  earnestly,  on  top  of  all  the 
disturbances  of  business,  of  all  the  disorders,  of  all  the 


taxation,  and  of  all  the  burdens  that  the  war  has  imposed 
upon  us,  giving  proof  that  the  national  resources  are  not  at 
all  exhausted,  and  that  the  national  spirit  of  patriotism  i» 
even  firmer  and  stronger  than  at  the  commencement  of  the 
war. 

It  is  a  pertinent  question,  often  asked  in  the  mind  pri 
vately,  and  from  one  to  the  other,  when  is  the  war  to  end  ? 
Surely  I  feel  as  deep  an  interest  in  this  question  as  any 
other  can,  but  I  lo  not  wish  to  name  a  day,  a  month,  or  a 
year  when  it  is  co  end.  I  do  not  wish  to  run  any  risk  of 
seeing  the  time  come,  without  our  being  ready  for  the  end, 
for  fear  of  disappointment,  because  the  time  had  come  and 
not  the  end.  We  accepted  this  war  for  an  object,  a  worthy 
object,  and  the  war  will  end  when  that  object  is  attained. 
Under  God,  I  hope  it  never  will  end  until  that  time.  Speak 
ing  of  the  present  campaign,  General  Grant  is  reported  to 
have  said,  I  am  going  through  on  this  line  if  it  takes  all 
summer.  This  war  has  taken  three  years;  it  was  begun  or 
accepted  upon  the  line  of  restoring  the  national  authority 
over  the  whole  national  domain,  aud  for  the  American  peo 
ple,  as  far  as  my  knowledge  enables  me  to  speak,  I  say  we 
are  going  through  on  this  line  if  it  takes  three  years  more. 

My  friends,  I  did  not  know  but  that  I  might  be  called 
upon  to  say  a  few  words  before  I  got  away  from  here,  but 
I  did  not  know  it  was  coming  just  here.  I  have  never  been 
in  the  habit  of  making  predictions  in  regard  to  the  war,  but 
I  am  almost  tempted  to  make  one.  If  I  were  to  hazard  it, 
it  is  this  :  That  Grant  is  this  evening,  with  General  Meade 
and  General  Hancock,  and  the  brave  officers  and  soldiers 
with  him,  in  a  position  from  whence  he  will  never  be  dis 
lodged  until  Richmond  is  taken,  and  I  have  but  one  single 
proposition  to  put  now,  and,  perhaps,  I  can  best  put  it  in  the 
form  of  an  interrogative.  If  I  shall  discover  that  General 
Grant  and  the  noble  officers  and  men  under  him  can  be 
greatly  facilitated  in  their  work  by  a  sudden  pouring  for 
ward  of  men  and  assistance,  will  you  give  them  to  me? 
Are  you  ready  to  march?  [Cries  of  "yes."]  Then,  I  say, 
stand  ready,  for  I  am  watching  for  the  chance.  I  thaiik 
you,  gentlemen.  [Laughter  and  cheers.] 

This  speech  was  repeatedly  interrupted  by 
applause,  and  at  its  close  three  cheers  were 
given  for  the  array  of  the  Potomac,  and  suc 
cessive  cheers  for  Grant  and  Meade  and  Han 
cock,  and  their  brave  soldiers.  In  the  mean 
time  the  President  retired  from  the  room. 


22 


OUR    FOREIGN    RELATIONS. 


The  Trent  Affair. 

SECRETARY  SEWARD  TO  MR.  ADAMS. 

NOVEMBER  30, 1861. 

*  *  *  Since  that  conversation  was  held  Captain 
Wilkes,  in  the  steamer  San  Jacinto,  has  boarded  a  British 
colonial  steamer  and  taken  from  her  deck  two  insurgents 
\vho  were  proceeding  to  Europe  6n  an  errand  of  treason 
against  their  own  country.  This  is  a  new  incident,  un 
known  to  and  unforeseen,  at  least  in  its  circumstances,  by 
Lord  Palmerston.  It  is  to  be  met  and  disposed  of  by  the 
two  Governments,  if  possible,  in  tho  spu>  to  which  I  have 
adverted.  Lord  Lyons  has  prudently  refrained  from  open 
ing  the  subject  to  me,  as,  I  presume,  waiting  instructions 
from  home.  We  have  done  nothing  on  the  subject  to  anti 
cipate  tho  discussion,  and  we  have  not  furnished  you  with 
any  explanations.  Wo  adhere  to  that  course  now,  because 
wo  think  it  more  prudent  that  the  ground  taken  by  the 
British  Government  should  be  first  made  known  to  us  here, 
and  that  the  discussion,  if  there  must  be  one,  shall  be  had 
here  It  is  proper,  however,  that  you  should  know  one 
fact  in  the  case,  without  indicating  that  we  attach  much 
importance  to  it,  namely,  that,  in  the  capture  of  Messrs. 
Mason,  and  Slidell  onboard  a  British  vessel,  Captain  Wilkes 
having  acted  without  any  instructions  from  the  Government, 
the  subject  is  therefore  free  from  the  embarrassment  which 
might  have  resulted  if  the  act  had  been  specially  directed 
by  us. 

I  trust  that  the  British  Government  will  consider  the 
subject  in  a  friendly  temper,  and  it  may  expect  the  besf  dis 
position  on  tho  part  of  this  Government. 

EARL    RUSSKLL    TO    LORD    LYONS. 

NOVEMBER  30,  1861.  * 

MY  LORD  :  Intelligence  of  a  very  grave  nature  has  reached 
her  Majesty's  Government. 

This  intelligence  was  conveyed  officially  to  the  knowledge 
of  the  Admiralty  by  Commander  Williams,  agent  for  mails 
on  board  the  contract  steamer  Trent. 

It  appears  from  the  letter  of  Commander  Williams,  dated 
'•  Royal  Mail  Contract  Packet  Trent,  at  sea,  November  9," 
that  the  Trent  left  Havana  on  the  7th  instant,  with  her 
Majesty's  mails  for  England,  having  on  board  numerous 
passengers.  Commander  Williams  states  that  shortly  after 
noon,  on  tho  8th,  a  steamer  having  the  appearance  of  a 
man-of-war,  but  not  showing  colors,  was  observed  ahead. 
On  Hearing  hor,  at  1.15  p.  m.,  she  lired  a  round  shot  from 
her  pivot-gun  across  the  bows  of  the  Trent  and  showed 
American  colors.  While  tho  Trent  was  approaching  her 
slowly,  the  American  vessel  discharged  u  shell  across  the 
bows  of  tho  Trent,  exploding  half  a  cable's  length  ahead  of 
her.  The  Trent  then  stopped,  and  an  otlicer  with  a  large 
armed  guard  of  marines  boarded  her.  Tho  officer  demanded 
a  list  of  the  passengers;  and,  compliance  with  this  demand 
being  refused,  tho  officer  said  lie  had  orders  to  arrest  Messrs. 
Mason  Slidell,  McFarland,  and  Eustis,  and  that  he  had  sure 
information  of  their  being  passengers  in  the  Trent.  While 
some  parley  was  going  on  upon  this  matter,  Mr.  Slidell 
stepped  forward  and  told  the  American  oflicer  that  the  lour 
persons  he  had  named  were  then  standing  before  him.  The 
commander  of  the  Trent  and  Commander  Williams  protested 
against  tho  act  of  taking  by  force  out  of  the  Trent  these 
lour  passengers,  then  under  tho  protection  of  the  British 
Hag.  But  the  San  Jacinto  was  at  that  time  only  two  hun 
dred  vards  from  tho  Trent,  her  ship's  company  at  quarters, 
her  ports  open,  and  tompions  out.  Resistance  wn«  there 
fore  out  of  tho  question,  and  tho  four  gentlemen  before 
named  were  forcibly  taken  out  of  tl.e  ship.  A  further  de 


mand  was  made  that  the  commander  of  the  Trent  should 
proceed  on  board  the  San  Jacinto,  but  he  said  he  would  not 
go  unless  forcibly  compelled  likewise,  and  this  demand  was 
not  insisted  upon. 

It  thus  appears  that  certain  individuals  have  been  forcibly 
taken  from  on  board  a  British  vessel,  the  ship  of  a  neutral 
Power,  while  such  vessel  was  pursuing  a  lawful  and  innocent 
voyage — an  act  of  violence  which  was  an  affront  to  Ihe 
British  flag  and  a  violation  of  international  law.  - 

Her  Majesty's  Government,  bearing  in  mind  the  friendly 
relations  which  have  long  subsisted  between  Great  Britain 
and  the  United  States,  are  willing  to  better*  that  tho  United 
States  naval  officer  who  committed  the  aggression  was  not 
acting  in  compliance  with  any  authority  from  his  Govern 
ment,  or  that  if  he  conceived  himself  to  be  BO  authorized  he 
greatly  misunderstood  the  instructions  which  he  had  re 
ceived.  For  the  Government  of  the  United  States  must  be 
fully  aware  that  the  British  Government  could  not  allow 
such  an  affront  to  tho  national  honor  to  pass  without  full 
reparation,  and  her  Majesty's  Government  ureunv.il ling  to 
believe  that  it  could  bo  the  deliberate  intention  of  the  Gov 
ernment  of  tho  United  States  unnecessarily  to  force  into 
discussion  between  the  two  Governments  a  question  of  so 
gravo  a  character,  and  with  regard  to  which  the  wholfl 
British  nation  would  be  sure  to  entertain  such  unanimity  ol 
feeling. 

Her  Majesty's  Government,  therefore,  trust  that  when 
this  matter  shall  have  been  brought  under  the  consideration 
of  the  Government  of  the  United  States  that  Government 
will,  of  its  own  accord,  oiler  to  the  British  Government  such 
redress  as  alone  could  satisfy  the  British  nation,  namely, 
the  liberation  of  the  four  gentlemen  and  thei  .lelivry  to 
your  lordship,  in  order  that  they  may  again  be  placed  under 
British  protection,  and  a  suitable  apology  for  the  aggression 
which  has  been  committed. 

Should  theso  terms  not  be  offered  by  Mr.  Seward,  you  will 
propose  them  to  him. 

You  are  at  liberty  to  read  this  dispatch  to  the  Secretary 
of  State,  and,  if  he  shall  desire  it,  you  will  give  him  a  copy 
of  it. 

SECRETARY    SEWARD    TO    LORD    LYONS. 

DECEMBER  '26, 1861. 

MY  LORD  :  Earl  Russell's  despatch  of  November  the  30th, 
a  copy  of  which  you  have  left  with  me  at  my  request,  is  of 
tho  following  effect,  namely: 

That  a  letter  of  Commander  Williams,  dated  Royal  Wall 
Contract  Packetboat  Trent,  at  sea,  November  9th,  states 
that  that  vessel  left  Havana  on  the  7th  of  November,  with 
her  Majesty's  nuiils  for  England,  having  on  board  nnm.  rona 
passengers.  Shortly  after  noon,  on  the  8th  of  November, 
the  United  States  war  steamer  San  Jadnto,  Capt.  mixes, 
not  showing  colors,  Wiis  observed  ahead.  That,  steamer,  on 
being  neared  by  tho  Trent,  at  one  o'clock  fifteen  minutes  in 
the  afternoon,  fired  a  roiuid  shot  from  a  pivot-gun  a.  n»s 
her  bows,  and  showed  American  colors.  While  the  Front 
was  approaching  slowly  towards  the  San  Jacinto  she  dis 
charged  a  shell  across  tho  Trent's  bows,  which  explod  .1  at 
half  a  cable's  length  before  her.  The  Trent  then  stopped, 
and  an  officer  with  u  largo  armed  guard  of  marines  boarded 
her  The  officer  said  he  had  orders  to  arrest  Messrs.  Mason, 
Slidell,  McFarland,  and  Eustis,  and  had  sure  Information 
that  they  were  passengers  in  the  Trent.  \\  hlle  some  parley 
was  going  on  upon  this  matter,  Mr.  Slidell  stepped  forward 
and  said  to  the  American  officer  that  the  four  persons  lv 
had  named  were  standing  before  him.  The  commander  of 
tho  Trent  and  Commander  Williams  protrstt  <i  against  the 
act  of  taking  those  four  passengers  out  of  the  Trent,  they 
thea  being  uuder  the  protection  of  the  British  flag.  But 


OUR   FOREIGN    RELATIONS. 


339 


the  San  Jacinto  was  at  this  time  o»Iy.  ..two  hundred 
yards  distant,  her  ship's  company  at  quarters,  her  ports 
open  and  tomiiions  out,  and  so  resistance  was  out  of  the 
question  Tho  four  persons  before  named  woro  thon  forcibly 
taken  out  of  the  ship.  A  further  demand  was  mad«  that 
t  he  commander  of  the  Trent  3hould  proceed  on  board  the 
San  Jacinto,  but  ho  paid  ho  \vould  not  go  unless  forcibly 
compelled  likewise,  and  tins  demand  was  not  insisted  upon. 
Upon  this  statement  Karl  RuKCll  remarks  that  it  thus 
appears  thut  certain  individuals  have  b«>cn  iorcibly  taken 
from  on  board  a  British  vessel,  the  ship  of  a  neutral  power, 
•while  that  vessel  was  pursuing  a  lawful  and  innocent 
•voyage— an  act  of  violence  which  was  an  affront  to  the 
British  flag  and  a  violation  of  international  law. 

Earl  Russell  next  says  that  her  Majesty's  Government, 
bearing  in  mind  the  friendly  relations  which  have  long 
subsisted  between  Great  Britian  and  the  United  States,  are 
willing  to  believe  that  the  naval  officer  who  committed  this 
aggression  was  not  acting  in  compliance  with  any  .authority 
from  his  Government,  or  that,  if  he  conceived  himself  to  be 
BO  authorized,  he  greatly  misunderstood  the  instructions 
which  he  had  received. 

Earl  Russell  argues  that  the  United  States  must  be  fully 
aware  that  the  British  Government  could  not  allow  such 
an  affront  to  the  national  honor  to  pass  without  full  repara 
tion,  and  they  are  willing  to  believe  that  it  could  not  be 
the  deliberate  intention  o*'  the  Government  of  the  United 
States  unnecessarily  to  force  into  discussion  between  the 
two  Governments  a  question  of  so  grave  a  character,  and 
with  regard  to  which  the  whole  British  nation  would  be 
sure  to  entertain  such  unanimity  of  feeling. 

Earl  Russell,  resting  upon  the  statement  and  the  argu 
ment  which  I  have  thus  recited,  closes  with  saying  that  hoi- 
Majesty's  government  trust  that  when  this  matter  shall 
have  been  brought  under  the  consideration  of  fhe  Govern 
ment  of  the  United  States,  it  will,  of  its  own  accord,  off  .-r 
to  the  British  Government  such  redress  as  alone  could  sat 
isfy  the  British  nation,  namely,  the  liberation  of  the  four 
prisoners  (aken  from 'the  Trent,  and  their  delivery  to  your 
lordship,  in  order  that  they  may  again  be  placed  under 
British  protection,  and  a  suitable  apology  for  the  aggres 
sion  which  has  been  committed.  Earl  Kussell  flna'ly  in 
structs  you  to  propose  those  terms  to  me,  if  I  should  not 
firsr  offer  them  on  the  part  of  the  Government. 
This  dt^natchhas  been  submitted  to  the  President. 
Tho  British  government  has  rightly  conjectured,  what  it 
is  now  my  duty  to,  state,  that  Captain  Wilkes,  in  conceiv 
ing  and  executing  the  proceeding  in  question,  acted  upon 
his  own  suggestions  of  duty,  without  any  direction  or  in 
struct  ion,  or  even  foreknowledge  of  it,  on  the  part  of  this 
Government.  No  directions  had  been  given  to  him,  or  any 
other  naval  officer,  to  arrest  the  four  persons  named,  or 
any  of  them,  on  the  Trent  or  any  other  British  vessel,  or 
on  any  other  neutral  vessel,  at  the  place  where  it  occurred 
or  elsewhere.  Tho  British  government  will  justly  infer 
from  these  facts  that  the  United  States  not  only  have  had 
no  purpose,  but  e\en  no  thought,  of  forcing  into  discussion 
the  question  which  has  arisen,  or  any  other  which  could 
affect  in  any  way  the  sensibilities  of  the  British  nation. 

It  is  true  that  a  round  shot  was  fired  by  the  San  Jacinto 
from  her  pivot-gun  when  the  Trent  was  distantly  approach 
ing.  But,  as  the  facts  have  been  reported  to  this  govern 
ment,  the  shot  was  nevertheless  intentionally  fired  in  a 
direction  so  obviously  divergent  from  the  course  of  the 
Trent  as  to  be  quite  as  harmless  as  a  blank  shot,  while  it 
bhoultl  be  regarded  as  a  signal. 

So  also  we  learn  that  the  Trent  was  not  approaching  the 
San  Jacinto  slowly  when  the  shell  was  fired  across  her 
bows,  but,  on  the  contrary,  the  Trent  was,  or  seemed  to  be, 
moving  under  a  full  head  of  steam,  as  if  with  a  purpose  to 
pa^s  the  San  Jacinto. 

We  are  informed  also  that  the  boarding  officer,  (Lieuten- 
m-'. -Fairfax,) i  did  not  board  the  Trent  with  a  large  armed 
guard,  but  he  lelt  his  marines  in  his  boat  when  he  entered 
tliti  Trent.  He  stated  his  instructions  from  Captain  Wilkes 
to  search  for  the  four  persons  named,  in  a  respectful  and 
courteous,  though  decided  manner,  and  ho  asked  the  cap 
tain  of  the  Trent  to  show  his  passenger  list,  which  was  re 
fused.  The  lieutenant,  as  we  are  informed,  did  not  employ 
absolute  force  in  transferring  the  passengers,  but  he  used 
just  so  much  as  was  necessary  to  satisfy  the  parties  con 
cern'- d  that  refusal  or  resistance  would  be  unavailing. 

So,  also,  we  are  informed  that  the  captain  of  the  Trent 
was  not  at  any  time  or  in  any  way  required  to  go  on  board 
the  San  Jacinto. 

These  modifications  of  the  case,  as  presented  by  Com 
mander  Williams,  are  based  upon  our  official  reports. 

I  have  now  to  remind  your  lordship  of  some  facts  which 
doubtlessly  were  omitted  by  Earl  Russell,  with  the  very 
proper  and  becoming  motive  of  allowing  them  to  be  brought 
into  the  case,  on  the  part  of  the  United  States,  in  the  way 
tuost  satisfactory  to  this  Government.  These  facts  are, 
that  at  the  time  the  transaction  occurred  an  insurrection 
was  existing  in  the  United  States  which  this  Government 


was  engaged  in  suppressing  by  the  employment  of  land 
and  naval  forces ;  that  in  regard  to  this  domestic  strife  the 
United  States  considered  Great  Britain  as  a  friendly  power, 
while  she  had  assumed  for  herself  the  attitude  of  a  neu 
tral  ;  and  that  Spain  was  considered  in  the  same  light,  and 
had  assumed  the  same  attitude  as  Great  Britain. 

It  had  been  settled  by  correspondence  that  the  United 
States  and  Great  Britain  mutually  recognized  as  applicable 
to  this  local  strife  these  two  articl  s  of  tbe  declaration 
made  by  the  Congress  of  Paris  in  1850,  namely,  that  the 
neutral  or  friendly  flag  should  cover  enemy's  goods  not 
contraband  of  war,  and  that  neutral  goods  not  contraband 
of  war  are  not  liable  to  capture  under  an  enemy's  flag. 
These  exceptions  of  contraband  from  favor  were  a  negative 
acceptance  by  the  parties  of  tho  rule  hitherto  everywhere 
recognized  as  a  part  of  the  law  of  nations,  that  whatever 
is  contraband  is  liable  to  capture  and  confiscation  in  all 
cases. 

James  M.  Mason  and  E.  J.  McFarland  are  citizens  of  the 
United  States  and  residents  of  Virginia.  John  Slidell  and 
George  Eustis  are  citizens  of  the  United  States  and  resi 
dents  of  Louisiana.  It  was  well  known  at  Havana  when 
these  parties  embarked  in  the  Trent  that  James  M.  Mason 
was  proceeding  to  England  in  the  affected  character  of  a 
minister  plenipotentiary  to  the  Court  of  St.  James,  under  a 
pretended  commission  from  Jefferson  Davis,  who  had  as- ' 
sumed  to  bo  president  of  the  insurrectionary  party  in  the  Uni 
ted  States,  and  E.  J .  McFarland  was  going  with  him  in  a  like 
unreal  character  of  secretary  of  legation  to  the  pretended 
mission.  John  Slidull,  in  similar  circumstances,  was  going 
to  Paris  as  a  pretended  minister  to  the  Emperor  of  the  French, 
and  George  Eustis  was  the  chosen  secretary  of  legation 
for  that  simulated  mission.  The  fact  that  these  persons  had 
assumed  such  characters  has  been  since  avowed  by  the  same 
Jefferson  Davis  in  a  pretended  message  to  an  unlawful  and 
insurrectionary  Congress.  It  was,  we  think,  rightly  pre- 
stimed  that  these  ministers  bore  pretended  credentials  and 
instructions,  and  such  papers  arc  in  the  law  known  as  des 
patches.  We  are  informed  by  our  consul  at  Paris  that  these 
despatches,  having  escaped  the  search  of  the  Trent,  were 
actually  conveyed  and  delivered  to  emissaries  of  the  insur- 
rection'in  England.  Although  it  is  not  essential,  yet  it  is 
proper  to  state,  as  I  do  also  upon  information  and  belief, 
that  the  owner  and  agent,  and  all  the  officers  of  the  Trent, 
including  Commander  Williams,  had  knowledge  of  the  as 
sumed  characters  and  purposes  of  the  persons  before  named 
when  they  embarked  on  that  vessel. 

Your  lordship  will  now  perceive  that  the  case  before  us, 
instead  of  presenting  a  merely  flagrant  act  of  violence  on 
the  part  of  Captain  Wilkes,  as  might  well  be  inferred  from 
the  incomplete  statement  of  it  that  went  up  to  the  British 
government,  was  undertaken  as  a  simple  '-<.'••'  :.  ' 
ternary  belligerent  proceeding  by  Captair  U  ...v^  ^  .meai 
and  capture  a  neutral  vessel  engaged  in  carrying  contra 
band  of  war  for  the  use  and  benefit  of  the  insurgents. 

The  question  before  us  is,  whether  this  proceeding  was 
authorized  by  and  conducted  according  to  the  law  of  na 
tions.  It  involves  the  following  inquiries : 

1st.  Were  the  persons  named  and  their  supposed  despatches 
contraband  of  war? 

2d.  Might  Captain  Wilkes  lawfully  stop  and  search  the 
Trent  for  these  contraband  persons  and  despatches  ? 

3d.  Did  he  exercise  that  right  in  a  lawful  and  proper 
manner  ? 

4th.  Having  found  the  contraband  persons  on  board  and 
in  presumed  possession  of  the  contraband  dispatches,  had 
he  a  right  to  capture  the  persons? 

5th.  Did  he  exercise  that  right  of  capture  in  the  manner 
allowed  and  recognized  by  the  laws  of  nations? 

If  all  these  inquires  shall  be  resolved  in  the  affirmative 
the  British  government  will  have  no  claim  for  reparation. 

I  address  myself  to  the  first  inquiry,  namely,  were  the 
four  persons  mentioned,  and  their  supposed  despatches, 
contraband? 

Maritime  law  so  generally  deals,  as  its  professors  say,  in 
rem,  that  is  with  property,  and  so  seldom  with  person?,  that 
it  seems  a  straining  of  the  term  contraband  to  apply  it  to 
them.  But  persons,  as  well  as  property,  may  become  con 
traband,  nince  the  word  means  broadly  "  contrary  to  proc 
lamation,  prohibited,  illegal,  unlawful." 

All  writers  and  judges  pronouuce  naval  or  military  per 
sons  in  the  service  of  the  enemy  contraband.  Vattel  say.s 
war  allows  us  to  cut  off  from  an  enemy  all  his  resources, 
and  to  hinder  him  from  sending  ministers  to  solicit  resist 
ance.  And  Sir  William  Scott  says  you  may  atop  the  ambas 
sador  of  your  enemy  on  his  passage.  Despatches  are  not 
less  clearly  contraband,  and  the  bearers  or  couriers  who  un 
dertake  to  carry  them  fall  under  the  oame  condem 
nation. 

A  subtlety  might  be  raised  whether  pretended  ministers 
of  a  usurping  power,  not  recogtiizeil  as  legcl  by  either  the 
belligerent  or  the  neutral,  could  be  held  to  be  contraband. 
But  it  would  disappear  on  being  subjected  to  what  is  tlve 
true  test  in  all  cases — namely,  the  spirit  of  the  law.  Sir 


340 


OUR    FOREIGN    RELATIONS. 


William  fcoit,  ppeaking  of  civil  magistrates  who  are  arrest 
ed  and  detained  as  contraband,  says  : 

*  It  appears  to  mo  on  principle  to  be  but  reasonable  that 
wh  TI  it  is  of  sufficient  Importance  to  the  enemy  that  such 
persons  shall  be  sent  out  on  the  public  service  at  the  pub 
lic  expense,  it  should  afford  equal  ground  of  forfeiture 
against  the  vessel  that  may  be  let  out  fora  purpose  so  inti 
mately  connected  with  the  hostile  operations." 

I  trust  that  I  have  shown  that  the  four  p  rsons  who  were 
taken  from  the  Trent  by  Captain  Wilkes.  and  their  des 
patches,  were  contraband  of  war. 

The  second  inquiry  is,  whether  Captain  Wilkes  had  a 
right  bv  the  law  of  nations  to  detain  and  search  the  Trent. 
The  Trent,  though  she  carried  mails,  was  a  contract  or 
merchant  vessel — a  common  carrier  for  hire.  Maritime  law 
knows  only  throe  classes  of  vessels — vessels  of  war,  revenue 
vessels,  and  merchant  vessels.  The  Trent  falls  within  the 
latter  class.  Whatever  disputes  have  existed  concerning 
a  right  of  visitation  or  search  in  time  of  peace,  none,  it  is 
supposed,  has  existed  in  modern  times  about  the  right  of  a 
belligerent  in  time  of  war  to  capture  contraband  in  neutral 
and  even  friendly  merchant  vessels,  and  of  the  right  of  vis 
itation  and  search,  in  order  to  determine  whether  they  are 
neutral,  and  are  documented  as  such  according  to  the  law 
of  nations. 

I  assume  in  the  present  case  what,  as  I  read  British  au 
thorities,  is  regarded  by  Great  Britain  herself  as  true  mari 
time  law:  That  the  circumstances  that  the  Trent  was  pro 
ceeding  from  a  neutral  port  to  another  neutral  port  does 
not  modify  the  right  of  the  belligerent  captor. 

The  third  question  is  whether  Captain  Wilkes  exercised 
the  right  of  search  in  a  lawful  and  proper  manner. 

If  any  doubt  hung  over  this  point,  as  the  case  was  pre 
sented  in  the  statement  of  it  adopted  by  the  British  Gov 
ernment,  I  think  it  must  have  already  passed  away  before 
the  modifications  of  that  statement  which  I  have  already 
Knlimitted. 

1  proceed  to  the  fourth  inquiry,  namely :  Having  found 
the  suspected  contraband  of  war  on  board  the  Trent,  had 
Captain  Wilkes  aright  to  capture  the  same? 

Such  a  capture  is  the  chief,  if  not  the  only  recognized, 
object  of  the  permitted  visitation  and  search.  The  principle 
of  the  law  is,  that  the  belligerent  exposed  to  danger  may 
prevent  the  contraband  persons  or  things  from  applying 
themselves  or  being  applied  to  the  hostile  uses  or  purposes 
designed.  The  law  is  so  very  liberal  in  this  respect  that 
when  contraband  is  found  on  board  a  neutral  vessel  not  only 
is  the  contraband  forfeited,  but  the  vessel  which  is  the  ve 
hicle  of  its  passage  or  transportation,  being  tainted,  also 
becomes  contraband,  and  is  subjected  to  capture  and  confis 
cation. 

Only  the  fifth  question  remains,  namely :  Did  Captain 
Wilkes  exercise  the  right  of  capturing  the  contraband  in 
conformity  with  the  law  of  nations? 

It  is  just  here  that  the  difficulties  of  the  case  begin. 
What  is  the  manner whtcb  the  law  of  nations  prescribes  for 
disposing  of  the  contraband  when  you  have  found  and 
sej/ed  it  on  board  of  the  neutral  vessel  ?  The  answer  would 
be  easily  found  if  the  question  were  what  you  shall  do  with 
the  contraband  vessel.  You  must  take  or  send  her  into  a 
convenient  port,  and  subject  her  to  a  judicial  prosecution 
there  in  admiralty,  which  will  try  and  decide  the  questions 
of  belligerency,  neutrality,  contraband,  and  capture.  So, 
.  again,  you  would  promptly  find  the  same  answer  if  the  ques 
tion  were,  What  is  the  manner  of  proceeding  prescribed  by 
the  law  of  nations  in  regard  to  the  contraband,  if  it  be  prop 
erty  or  things  of  material  or  pecuniary  value? 

But  the  question  here  concerns  the  mode  of  procedure  in 
regard,  not  to  the  vessel  that  was  carrying  the  contraband, 
nor  yet  to  contraband  things  which  worked  the  forfeiture 
of  the  vessel,  but  to  contraband  nersous. 

The  books  of  law  are  dumb.  Yet  the  question  is  as  im 
portant  as  it  is  didicult.  First,  the  belligerent  c.-iptor  has  a 
right  to  prevent  the  contraband  officer,  soldier, sailor,  min 
ister,  messenger,  or  courier  from  proceeding  in  his  unlaw 
ful  voyage  and  reaching  the  destined  scene  of  his  injurious 
service.  But,  on  the  other  hand,  the  person  captured  may 
be  innocent  that  is,  he  may  not  be  contraband.  He, 
therefore,  has  a  right  to  a  fair  trial  of  the-  accusation  against 
him.  The  neutral  State  that  has  taken  him  under  its  flag  is 
bound  to  protect  him  if  he  is  not  contraband,  and  is  there 
fore  entitled  to  be  satisfied  upon  that  important  question. 
The  faith  of  that  Sla'e  is  pledged  to  his  safety,  if  innocent, 
as  its  justice  in  pledged  for  his  surrender  if  ho  is  really  con 
traband.  Here  are  conflicting  claims,  involving  personal 
liberty,  life,  hor  or,  ancl  duty.  Here  are  conflicting  national 
claims,  involving  welfare,  safety,  honor,  and  empire.  They 
require  a  tribunal  am!  a  trial.  The  captors  and  the  cap 
tured  are  equals;  the  neutral  ami  the  belligerent  State  are 
cqua's. 

While  the  law  authorities  were  found  silent,  it  was  sug 
gested  at  an  early  day  by  this  Government  that  you  should 
tivke  the  raptured  persons  into  a  convenient  port, and  insti 
tute  judicial  proceedings  there  to  try  the  controversy.  But 


only  courts  of  admiralty  hare  jurisdiction  in  maritime 
cases,  and  th'  §e  courts  have  formulas  lo  try  only  claims  to 
contraband  chattels,  but  none  to  try  claims  concerning 
contraband  persons.  The  courts  can  entertain  no  proceed 
ings  and  render  no  judgment  in  favor  of  or  against  the  al- 
leired  contraband  men. 

It  was  replied  all  this  was  true;  but  you  can  reach  in 
those  courts  a  decision  which  will  have  the  moial  w.  i^ht 
of  a  judicial  one  by  a  circuitous  proceeding.    Convey  the 
suspected  men,  together  w;th   the  suspected  \e8sel,  into 
j  port,  and  try  there  the  question  whether  the  vessel  is  con- 
i  traband.     You  can  prove  it  to  be  so  by  p.  oviug  the  suspect 
ed  men  to  b;-  contraband,  and  the  court  must  then  determ 
ine  the  vessel  to  be  contraband.    If  the  men  are  not  con 
traband  the  vessel  will  escape  condemnation.     Still,  there 
is  no  judgment  for  or  against  the  captured  persons.    But  it 
was  assumed  that  there  would  result  from  the  determina 
tion  of  the  court  concerning  the  vessel  a  legal  certaintv 
j  concerning  the  character  of  the  men. 

This  course  of  proceeding  seemed  open  to  many  objec- 
I  tions.  It  elevates  the  incidental  inferior  private  interest 
into  the  proper  place  of  the  main  paramount  public  one, 
and  possibly  it  may  make  the  f  irtuues.  tho  safety,  or  the 
existence  of  a  nation  depend  on  the  accidents  ot  a  merely 
personal  and  pecuniary  lith;ation.  Moreover,  when  th» 
judgment  of  the  prize  court  upon  the  lawful  MM  of  the  cap* 
tureof  the  vessel  is  rendered,  it  really  concludes  nothing, 
and  binds  neither  the  belligerent  Slate  nor  the  neutral 
upon  the  great  question  of  the  disposition  to  be  made  of 
the  captured  contraband  persons.  That  question  is  still  to 
be  really  determined,  if  at  all,  by  diplomatic  arraug  ment 
or  by  war. 

One  may  well  express  his  surprise  when  told  that  the  law 
of  nations  has  furnished  no  more  reasonable,  practical,  and 
perfect  mode  than  this  of  determining  questions  of  such 
grave  import  between  sovereign  powers.  The  regret  wo 
may  feel  on  the  occasion  is  nevertheless  modified  by  the 
reflection  that  the  difficulty  is  not  altogether  anomalous. 
Similar  and  equal  deficiencies  are  found  in  every  system  of 
municipal  law.  especially  in  the  syst-m  which  exists  in  the 
greater  portions  of  Great  Britain  and  the  United  States.  The 
title  to  personal  property  can  hardly  ever  be  resolved  by  a 
court  without  resorting  to  the  fiction  that  the  claimant  has 
lost  and  the  possessor  has  found  it,  and  the  title  to  real  es 
tate  is  disputed  by  real  litigants  under  the  names  of  imagi 
nary  persons.  It  must  be  confessed,  however,  that  while 
all  aggrieved  nations  demand,  and  all  impartial  ones  con 
cede,  tho  need  of  some  form  of  judicial  process  in  determin 
ing  the  characters  of  contraband  persons,  no  other  form 
than  the  illogical  and  circuitous  one  thus  described  exists, 
nor  has  any  other  yet  been  suggested.  Practically,  there 
fore,  the  choice  is  between  that  judicial  remedy  or  no  judi 
cial  remedj'  whatever. 

If  there  be  no  judicial  remedy,  the  result  is  that  the  ques 
tion  must  be  determined  by  the  captor  himself,  on  the  deck 
of  the  prize  vessel .  Very  grave  objections  arise  against  such 
a  course.  The  captor  is  armed,  the  neutral  is  unarmed. 
The  captor  is  interested,  prejudiced,  and  perhaps  violent; 
the  neutral,  if  truly  neutral,  is  disinterested,  subdued,  and 
helpless.  The  tribunal  is  irresponsible,  while  its  judgment 
is  carried  into  instant  execution.  The  captured  party  te 
compelled  to  submit,  though  bound  by  no  legal,  moral,  or 
treaty  obligation  to  acquiesce.  Reparation  is  distant  and 
problematical,  and  depends  at  last  on  the  justice,  magnan 
imity,  or  weakness  of  the  State  in  whose  behalf  and  by 
whose  authority  the  capture  was  made.  Out  of  these  dis 
putes  reprisals  and  wars  necessarily  arise,  and  these  are  so 
frequent  and  destructive  that  it  may  well  be  doubted 
wh-ther  this  form  of  remedy  is  not  a  greater  social  evil  than 
all  that  could  follow  if  the  belligerent  right  of  search  were 
universally  renounced  and  abolished  torever.  But  carry  the 
case  one  step  further.  What  if  the  State  that  has  made;  the 
capture  unreasonably  refuse  to  hear  the  complaint  of  the 
neutral  or  to  redress 'it?  In  that  case,  the  very  act  of  cap 
ture  would  be  an  act  of  war— of  war  begun  without  notice, 
and  po-sibly  entirely  without  provocation. 

I  think  all  unprejudiced  minds  will  agree  that,  imperfect 
as  the  existing  judicial  remedy  may  be  supposed  to  be,  it 
would  be,  as  a  general  practice,  better  to  follow  it  than  to 
adopt  tho  summary  one  of  leaving  the  decision  with  the 
captor,  and  relying  upon  diplomatic  debates  to  review  his 
deciMon.  Practically.it  is  a  . m- -'ion  of  choice  between  law, 
with  its  imperfections  and  dcla.,«.  and  war,  with  its  evils 
and  desolations.  Nor  is  it  ever  to  be  forgotten  that  neutral- 
it  \,  honestly  and  justly  preserved,  is  always  the  harbinger 
of  peace,  and  therefore  is  the  common  interest  of  nations, 
which  is  only  saying  that  it  is  the  interest  of  humanity 
itself. 

At  the  same  time  it  is  not  to  be  denied  that  it  may  some 
times  happen  that  the  judicial  remedy  will  become  impos 
sible,  a,s  by  the  shipwreck  of  the  pri/.e  vessel,  or  other  cir 
cumstances  which  excuse  the  captor  from  sending  or  taking 
hor  into  port  for  confiscation.  In  such  a  case  the  right  of 
the  captor  to  the  custody  of  the  captured  persons,  and  to 


OUR    FOREIGN    RELATIONS. 


341 


-dispose  of  thorn,  if  they  are  really  contraband,  so  as  to  de 
feat  their  unlawful  purposes,  cannot  reasonably  be  denied. 
What  rule  shall  be  applied  in  such  a  case?  Clearly,  the 
captor  ought  to  be  required  to  show  that  the  failure  of  the 
judicial  remedy  results  trom  circumstances  beyond  his  con 
trol,  and  without  his  fault.  Otherwise,  he  would  be  allowed 
to  derive  advantage  from  a  wrongful  act  of  his  own. 

In  the  present  case,  Captain  Wilkes,  after  capturing  the 
contraband  persons  and  making  prize  of  the  Trent  in  what 
seems  to  be  a  perfectly  lawful  manner,  instead  of  sending 


her  into  port,  released  her  from  the  capture,  and  permitted 
her  to  proceed  with  her  whole  cargo  upon  her  voyage.  He 
thus  effectually  prevented  the  judicial  examination  which 
might  otherwise  have  occurred. 

If,  now,  the  capture  of  the  contraband  person*  and  th 


not  the  duty  of  a  captor  to  hazard  his  own  vessel  in  or 
der  to  secure  a  judicial  examination  to  the  captured  party. 
No  large  prize  crew,  however  is  legally  necessary,  for  it  is 
the  duty  of  the  captured  party  to  acquiesce,  and  go  will 
ingly  before  the  tribunal  to  whose  jurisdiction  it  appeals. 
If  the  captured  party  indicate  purposes  to  employ  means 
of  resistance  which  the  captor  cannot  with  probable  safety 
to  himself  overcome,  he  may  properly  leave  the  vessel  to  go 
forward;  and  neither  she  nor  the  State  she  represents  can 
ever  afterwards  justly  object  that  the  captor  deprived  her 


of  the  judicial  remedy  to  which  she  was  entitled. 

But  the  second  reason  assigned  by  Captain  Wilkes  for  re 
leasing  the-  Trent  differs  from  the  first.  At  best,  therefore, 
it  must  be  held  that  Captain  Wilkes,  as  he  explains  him 
self,  -u-ted  from  combined  sentiments  of  prudence  and  gen- 

oanture  of  the  contraband  vessel  aro  to  be  regarded,  not  as    erosity,  and  so  that  the  release  of  the  pri/e  vessel  was  not 
two  separate  or  distinct  transactions  under  the  law  of  na-  i  strictly  necessary  or  involuntary. 

tions,  l-ut  as  one  transaction,  one  capture  only,  then  it  fol-        Secondly.  How  ought  we  to  expect  these  explanations  by 
lows,  i  at  the  capture  in  this  case  was  left  unfinished,  or  |  Captain  Wilkes  of  his  reasons  for  leaving  the  capture  in- 
was  abandoned.     Whether  the  United  States  have- a  right     complete  to  affect  the  action  of  the  British  government? 
to  retain  the  chief  public  benefits  of  it,  namely,  the  custody  of        The  observation  upon  this  point  which  first  occurs  is.  that 


the  captured  persons  on  proving  them  to  be  contraband,  will 
depend  upon  the  preliminary  question  whether  the  leaving  of 
the  transaction  unfinished  was  necessary,  or  whether  it  was 
unnecessary,  and  therefore  voluntary.  If  it  was  necessary, 
Great  Britain,  as  we  suppose,  must,  of  course,  waive  the  de 
fect,  and  the  consequent  failure  of  the  judicial  remedy.  On 
the  other  hand,  it  is  not  seen  how  the  United  States  can  in 
sist  upon  her  waiver  of  that  judicial  remedy,  if  the  defect 


Captain  Wilkes's  explanations  were  not  made  to  the  author 
ities  of  the  captured  vessel.  If  made  known  to  them, 
they  might  have  approved  and  taken  the  release  upon  the 
condition  of  waiving  a  judicial  investigation  of  the  whole 
transaction,  or  they  might  have  refused  to  accept  the  re 
lease  upon  that  condition. 

But  the  case  is  one  not  with  them,  but  with  the  British 
government.    If  we  claim  that  Great  Britain  ought  not  to 


of  the  capture  resulted  from  an  act  of  Captain  Wilkes,  j  insist  that  a  judicial  trial  has  been  lost  because  we  volun- 
wliich  would  be  a  fault  on  their  own  side.  i  tarily  released  the  offending  vessel  out  of  consideration  for 

Captain  Wilkes  has  presented  to  this  Government  his  |  her  innocent  passengers,  1  do  not  see  how  she  is  to  be  bound 
reasons  for  releasing  the  Trent.  "Iforebore  to  seize  her,"  I  to  acquiesce  in  the  decision  which  was  thus  made  by  us 
he  says,  "in  consequence  of  my  being  so  reduced  in  officers  without  necessity  on  our  part,  and  without  knowledge  of 
and  crew,  and  the  derangement  it  would  cause  innocent  |  conditions  or  consent  on  her  own.  The  question  between 
persons,  there  being  a  large  number  of  passengers  who  j  Great  Britain  and  ourselves  thus  stated  would  be  a  ques- 
would  have  been  put  to  great  loss  and  inconvenience,  as  j  tion  not  of  right  and  of  law,  but  of  favor  to  be  conceded  by 
well  as  disappointment,  from  the  interruption  it  would  have  l  her  to  us  in  return  for  favors  shown  by  us  to  her,  of  the 
caused  them  in  not  being  able  to  join  the  steamer  from  St.  j  value  of  which  favors  on  both  sides  we  ourselves  shall  be 
Thomas  to  Europe.  I  therefore  concluded  to  sacrifice  the  !  the  judge.  Of  course  the  United  States  could  have  no 
interest  of  my  olficers  and  crew  in  the  prize,  and  suffered  j  thought  of  raising  such  a  question  in  any  case. 
her  to  proceed  after  the  detention  necessary  to  effect  the  |  j[  trust  that  I  have  shown  to  the  satisfaction  of  the  British 
transfer  of  those  commissioners,  considering  I  had  obtained  ,  Government,  by  a  very  simple  and  natural  statement  of  the 
the  important  end  I  had  in  view,  and  which  affected  the  |  facts,  and  analysis  of  the  law  applicable  to  them,  that  this 
interest  of  our  country  and  interrupted  the  action  of  that  [  Government  lias  neither  meditated,  nor  practiced,  nor  ap- 
of  the  confederates."  \  proved  any  deliberate  wrong  in  the  transaction  to  which 

1  shall  consider,  first,  how  these  reasons  ought  to  affect  I  thev  have  called  its  attention;  and,  on  the  contrary,  that 
the  action  of  Ibis  Government  ;  and  secondly,  liow  they  |  wiia.t  has  happened  has  been  simply  an  inadvertency,  con- 
ought  to  be  expected  to  affect  the  action  of  Grout  Britain.  ]  sisting  in  a  departure,  by  the  naval  officer,  free  from  any 

Tin;  reasons  are  satisfactory  to  this  Government,  so  far  j  wrongful  motive,  from  a  rul?  uncertainly  estal dished,  and 
as  Captain  Wilkes  is  concerned.  It  could  not  desire  that  |  probably  by  the  several  parties  concerned  either  imperfectly 
the  San  Jacinto,  her  officers  and  crew,  should  bo  exposed  j  understood  or  entirely  unknown.  For  this  error  the  Brit- 
to  danger  and  loss  by  weakening  their  number  to  d-  tach  a  !  jsa  Government  has  a  right  to  expect  the  same  reparation 
prize  crew  to  go  on  board  the  Trent.  Still  less  could  it  dis-  ;  that  we,  as  an  independent  State,  should  expect  from  Great 
avow  the  humane  motive  of  preventing  inconveniences, 
losses,  and  perhaps  disasters,  to  the  several  hundred  inno 
cent  passengers  ibiiiid  on  board  the  prize  vessel.  Nor  could 
this  Government  perceive  any  ground  for  questioning  the 
fact  that  these  reasons,  though  apparently  incongruous,  did 
operate  in  the  mind  of  Captain  »V  ilkes  and  deter. nine  him 
to  release  the  Trent.  Human  actions  generally  proceed 
upon  mingled,  and  sometimes  conflicting  motive.-.  He 

m  asu.id  the  sacrifices  whirh  this  decision  would  cost.  It  '  can  cause,  not  upon  British  authorities,  but  upon  principles 
inuuiiestly,  however,  did  not  occur  to  him  that  beyond  the  |  that  constitute  a  large  portion  of  the  distinctive  policy  by 
sacrifice  of  the  private  interests  (as  he  calls  them)  of  his  j  which  the  United  States  have  developed  the  resources  of  a. 
officers  and  crow,  there  might  also  possibly  bo  a  sacrifice  i  continent,  and  thus  becoming  a  considerable  maritime 
eveo  of  the  chief  and  public  object  of  his  capture,  namely,  i  power,  have  won  the  respect  and  confidence  of  many  na~ 
the  right  of  his  Government  to  the  custody  and  disposition  tions.  These  principles  were  laid  down  for  us  in  1801,  by 


Britain  or  from  any  other  friendly  nation  in  a  similar  case. 
I  have  not  been  unaware  that,  in  examining  this  question, 
I  have  fallen  into  an  argument  for  what  seems  to  be  the 
British  side  of  it  against  my  own  country.  But  I  am  re 
lieved  from  all  embarrassment  on  that  subject.  I  had  hardly 
fallen  into  that  line  of  argument  when  I  discovered  that  I 
was  really  defending  and  maintaining,  not  an  exclusively 
British  interest,  but  an  old,  honored,  and  cherished  Aiueri- 


of  the  captured  persons.  This  Government  cannot  censure 
him  for  this  oversight.  It  confessess  that  the  whole  subject 
came  unforeseen  upon  the  Government,  as  doubtless  it  did 
upon  him.  Its  present  convictions  on  tne  point  in  question 
are  the  result  oi  delib.  rate  examination  and  deduction  now 
made,  and  not  of  any  impressions  previously  formed. 

Nevertheless,  the  question  now  is,  not  whether  CapUin 
Wilkes  is  justified  to  his  Government  in  what  he  did,  but 
what  is  the  present  view  of  the  Government  as  to  the  effect 
i>f  what  he  nas  done.  Assuming  now,  for  argument's  sake 
only,  that  the  release  of  the  Trent,  if  voluntary,  involved 
a  waiver  of  the  claim  of  the  Government  t>  hold  Uie  cap 
tured  persons,  the  United  States  could  in  that  case  have  no 
hesitation  in  saying  that  the  act  which  has  thus  already 
been  approved  by  the  Government  must  be  allowed  to 
draw  its  legal  consequence  after  it.  It  is  of  the  very  na 
ture  of  a  gift,  or  a  charity  that  the  giver  cannot,  after  the 
exercise  of  his  benevolence  is  past,  recall  or  modify  its 
benefits. 

We  are  thus  brought  directly  to  the  question  whether  we 


These  principle 

James  Madison,  when  Secretary  of  State,  in  the  administra 
tion  of  Thomas  Jefferson,  in  instructions  given  to  James 
Monroe,  our  Minister  to  England.  Although  the  case  before 
him  concerned  a  description  of  persons  different  from  those 
who  are  incidentally  the  subjects  of  the  present  discussion, 
the  ground  he  assumed  then  was  the  same  I  now  occupy, 
and  the  arguments  by  which  he  sustained  himself  upon  it 
have  been  an  inspiration  to  me  in  preparing  this  reply. 

"  Whenever,"  he  says,  •'  property  found  in  a  neutral  vessel 
is  supposed  to  be  liable  on  any  ground  to  capture  and  con 
demnation,  the  rule  in  all  cases  is,  that  the  question  shall 
not  bo  decided  by  the  captor,  but  be  carried  before  a  legal 
tribunal,  where  a  regular  trial  may  be  had,  and  where  the 
captor  himself  is  liable  to  damages  for  an  abuse  of  his 
power.  Can  it  be  reasonable,  then,  or  just,  that  a  belligerent 
commander  who  is  thus  restricted,  and  thus  responsible  in 
a  case  of  mere  property  of  trivial  amount,  should  be  permit 
ted,  without  recurring  to  any  tribunal  whatever,  to  examine 
the  crew  of  a  neutral  vessel,  to  decide  the  important  question 
of  their  respective  allegiances,  and  to  carry  that  decision  into 


are  entitled  to  regard  the  release  of  the  Trent  as  involun-  execution  by  forcing  every  individual  he  may  choose  into  a 
tary,  or  whether  we  are  obliged  to  consider  that  it  was  vol-  service  abhorrent  to  his  feelings,  cutting  him  off  from  hi» 
untary.  Clearly  the  release  would  have  been  involuntary  j  most  tender  connexions,  exposing  his  mind  and  his  person 
had  it  been  made  solely  upon  the  first  ground  assigned  for  i  to  the  most  humiliating  discipline,  and  his  life  itself  to  the 
it  by  Captain  Wilkes,  namely,  a  want  of  a  sufficient  force  |  greatest  danger.  Reason,  justice,  and  humanity  unite  in 
to  send  the  prize-  vessel  into*  port  for  adjudication.  It  is  !  protesting  against  so  extravagant  a  proceeding." 


342 


OUR    FOREIGN    RELATIONS. 


If  I  decide  this  case  in  favor  of  my  own  Government,  I 
must  disavow  its  most  cherished  principles,  and  reverse 
and  fiirever  abandon  its  essential  policy.  The  country  can 
not  afford  tho  sacrifice.  If  I  maintain  those  principles, 
and  adhere  to  that  policy,  I  must  surrender  the  rasa  itself. 
It  will  be  seen,  therefore,  that  this  Government  could  not 
deny  the  just  ice  of  the  claim  presented  to  us  in  this  respect 
Uj.on  its  merits.  We  are  asked  to  do  the  British  nation 
just  what  we  have  always  insisted  all  nations  ought  to  do 
to  us. 

The  claim  of  the  British  government  is  not  made  in  a 
discourteous  manner.  This  Government,  since  its  first  or- 
ganization,  has  never  used  more  guarded  language  in  a 
similar  case. 

In  coming  to  my  conclusion  I  have  not  forgotten  that,  if 
the  safety  of  this  Union  required  the  detention  of  the  cap 
tured  persons,  it  would  be  the  right  and  duty  of  this  Gov 
ernment  to  detain  them.  But  the  effectual  check  and  wan 
ing  proportions  of  the  existing  insurrection,  as  well  as  the 
comparative  unimportance  of  the  captured  persons  them 
selves,  when  dispassionately  weighed,  happily  forbid  me 
from  resorting  to  that  defence. 

Nor  am  I  unaware  that  American  citizens  are  not  in  any 
case  to  be  unnecessarily  surrendered  for  any  purpose  into 
the-  keeping  of  a  foreign  State  Only  the  captured  persons, 
however,  or  others  who  are  interested  in  them,  could  justly 
raise  a  question  on  that  ground. 

Nor  have  I  been  tempted  at  all  by  the  suggestions  that 
casts  might  be  found  in  history  where  Great Britian  refused 
to  yield  to  other  nations,  and  even  to  ourselves,  claims  like 
that  which  is  LOW  before  us.  Those  cases  occurred  when 
Great  Britain,  as  well  as  the  United  States,  was  the  home 
of  generations,  which,  with  all  their  peculiar  interests  and 
passions,  have  passed  away.  She  could  in  no  other  way  so 
effectually  disavow  any  such  injury  as  we  think  she  does 
by  assuming  nowas  her  own  the  ground  upon  which  wo  then 
siood.  It  would  tell  little  for  our  own  claims  to  the  charac 
ter  of  a  just  and  magnanimous  people  if  we  should  so  far 
consent  to  be  guided  by  the  law  of  retaliation  as  tu  lift  up 
buried  injuries  from  their  graves  to  oppose  against  what 
national  consistency  and  the  national  conscience  compel  us 
to  regard  as  a  claim  intrinsically  right. 

Putting  behind  me  all  suggestions  of  this  kind,  I  prefer 
to  express  my  satisfaction  that,  by  the  adjustment  of  the 
present  case  upon  principles  confessedly  American,  and 
yet,  as  I  trust,  mutually  satisfactory  to  both  of  the  nations 
concerned,  a  question  is  finally  and  rightly  settled  between 
them,  which,  heretofore  exhausting  not  only  all  forms  of 
peaceful  discussion,  but  also  the  arbitrament  of  war  itself, 
for  more  than  a  half  a  century  alienated  the  two  countries 
from  each  other,  and  perplexed  with  fears  and  apprehen 
sions  all  other  nations. 

The  four  persons  in  question  are  now  held  in  milifary 
custody  at  Fort  Warren,  in  the  State  of  Massachusetts. 
They  will  be  cheerfully  liberated.  Your  lordship  will  please 
indicate  a  time  and  place  for  receiving  them. 

EARL  RUSSELL  TO  LORD  LYONS. 
JANUARY  10,  1862. 

MY  LOKD  :  In  my  despatch  to  you  of  the  30th  of  Novem 
ber,  alter  informing  you  of  the  circumstances  which  had 
occurred  in  relation  to  the  capture  of  the  four  persons  taken 
from  on  board  the  Trent,  I  stated  to  you  that  it  thus  ap 
peared  that  certain  individuals  had  been  forcibly  taken 
from  on  board  a  British  vessel,  the  ship  of  a  neutral  power, 
while  such  vessel  was  pursuing  a  lawful  and  innocent  voy 
age  ;  an  act  of  violence  which  was  an  affront  to  the  British 
flag,  and  a  violation  of  international  law.  I  concluded  by 
directing  you,  in  case  the  reparation  which  her  Majesty's 
government  expected  to  receive  should  not  be  offered  by 
Mr.  Sewaid,  to  propose  to  that  minister  to  make  such  re 
dress  as  alone  would  satisfy  the  British  nation,  namely  : 
first,  the  liberation  of  the  four  gentlemen  taken  from  on 
board  the  Trent,  and  their  delivery  to  your  lordship,  i'J  or 
der  that  they  might  again  be  placed  under  British  protec 
tion  ;  and,  secondly,  a  suitable  apology  for  the  aggression 
which  had  been  committed. 

I  received  yesterday  your  lordship's  despatch  of  the  27th 
ultimo,  enclosing  a  note  to  you  from  Mr.  Reward,  which  is 
in  substance  the  answer  to  my  despatch  of  the  SOth  of  No 
vember. 

Proceeding  at  once  to  the  mam  points  in  discussion  be 
tween  us.  her  Majesty's  government  hare  carefully  ex 
amined  how  far  Mr.  Seward's  note,  and  the  conduct  it  an 
nounces,  comply  substantially  with  the  two  proposa  s  I 
have  recited. 

With  regard  to  the  first,  viz :  the  liberation  of  the  pris 
oners  with  a  view  to  their  being  again  placed  under  British 
protection,  I  find  that  the  note  concludes  by  stating  thai 
tho  prisoners  will  be  cheerfully  liberated,  and  by  calling 
upon  your  lordship  to  indicate  a  time  and  place  for  receiv 
ing  them.  No  condition  of  any  kind  is  coupled  with  the 
liberation  of  tho  prisoners. 


With  regard  to  the  suitable  apology  which  the  British 
government  had  a  right  to  expect.  I  find  that  the  Govern 
ment  of  the  United  States  distinctly  and  unequivocally 
declares  that  no  directions  hud  b»en  given  ti  Captain 
Wilkes,  or  to  any  other  naval  officer,  to  arrest  the  four  per 
sons  named  or  any  of  them,  on  the  Trunt,  or  on  any  other 
British  vessel,  or  on  any  other  neutral  vessel,  at  the  place 
where  it  occurred  or  elsewhere. 

I  find  further  that  the  Secretary  of  St-xte  expressly  for 
bears  to  justify  the  particular  act  of  which  her  MajCsty's 
government  complained.  If  the  United  States  Government 
had  alleged  that,  although  Captain  Wilkes  had  no  previous 
instructions  for  that  purpose,  he  was  right  in  capturing  tho 
persons  of  the  four  prisoners,  and  in  removing  them  from 
tho  Trent  on  board  his  own  vessel,  to  be  afterwards  carried 
into  a  port  of  the  United  States,  the  Government  which 
had  thus  sanctioned  the  proceeding  of  Captain  Wilkes 
would  have  become  responsible  for  the  original  violence  and 
insults  of  the  act.  i;ut  Mr.  Scward  contents  himself  with 
stating  that  what  has  happened  has  been  simply  an  inad 
vertency,  consisting  in  a  departure  by  a  naval  officer,  free 
from  any  wrongful  motive,  from  a  rule  uncertainly  <>stal>- 
lished,  and  probably  by  the  several  parties  concerned  cither 
imperfectly  understood  or  entirely  unknown.  The  Secre 
tary  of  State  goes  on  to  affirm  that  for  this  error  the  British 
government  has  a  right  to  expect  the  same  reparation 
which  the  United  States  as  an  independent  State  should  ex 
pect  from  Great  Britain  or  from  any  other  friendly  nation 
in  a  similar  case. 

Her  Majesty's  government  having  carefully  taken  into 
their  consideration  the  liberation  of  the  prisoners,  the  de 
livery  of  them  into  your  hands,  and  the  explanations  to 
which  I  have  just  referred,  have  arrived  at  the  conclusion 
that  they  constitute  the  reparation  which  her  Majesty  and 
the  British  nation  has  a  right  to  expect. 

It  gives  her  Majesty's  government  great  satisfaction  to 
be  enabled  lo  arrive  at  a  conclusion  favorable  to  the  main 
tenance  of  the  most  friendly  relations  between  the  two 
nations.  I  need  not  discuss  the  modifications  in  my  state 
ment  of  facts  which  Mr.  Seward  says  he  has  derived  from 
tho  reports  of  officers  of  his  Government.  I  cannot  con 
clude,  however,  without  adverting  shortly  to  tho  discussions 
which  Mr.  Seward  has  raised  upon  points  not  prominently 
brought  into  question  in  my  despatch  of  the  oOth  of  Nov 
ember.  I  there  objected,  on  the  part  of  her  Majesty's 
government,  to  that  which  Captain  Wilkes  had  done.  Mr. 
Seward,  in  his  answer,  points  out  what  he  conceives  Gap- 
tain  Wilkes  might  have  done  without  violating  the  law  of 
nations. 

It  is  not  necessary  that  I  should  here  discuss  in  detail  the 
five  questions  ably  argued  by  the  Secretary  of  State.  But 
it  is  necessary  that  I  should  say  that  her  Majesty's  govern 
ment  differ  from  Mr.  Seward  in  some  of  the  conclusions  at 
which  he  has  arrived ;  and  it  may  lead  to  a  better  under 
standing  between  the  two  nations  on  several  points  of  inter 
national  law  which  may,  during  the  present  contest,  or  at 
some  future  time  be  brought  into  question,  that  I  shoiild 
state  to  you,  for  communication  to  the  Secretary  of  State, 
wherein  those  differences  consist.  I  hope  to  do  so  in  a  few 
days. 

In  the  meantime,  it  will  be  desirable  that  the  commanders 
of  the  United  States  cruisers  should  be  instructed  not  to  re 
peat  acts  for  which  the  British  government  will  have  to 
ask  for  redress,  and  which  the  United  States  Government 
cannot  undertake  to  justify. 

You  will  read  and  give  a  copy  of  this  despatch  to  the 
Secretary  of  State. 

COMMENT    OF    THE    LONDON    TIMES. 

The  London  Times  of  January  11,  1863,  com 
menting  on  the  proper  reception  to  be  given 
these  visitor?,  remarked  : 

So  we  do  sincerely  hope  that  our  countrymen  will  not 
give  these  fellows  anything  in  the  shape  of  an  ova  i  i<>n. 
The  civility  that  is  due  to  a  foe  in  distress  is  all  that  they 
can  claim.  We  have  returned  them  good  for  evil,  and, 
sooth  to  say,  we  should  be  exceedingly  sorry  tluvt  they 
should  ever  be  in  a  situation  to  choose  what  return  they 
will  make  for  the  good  we  have  now  done  them.  They  are 
here  lor  their  own  interest,  in  order,  if  possible,  to  drag  us 
into  their  own  quarrel,  and.  but  for  the  unpleasant  contin 
gencies  of  a  prison,  rather  disappointed  perhaps  that  their 
detention  has  not  provoked  a  new  war.  When  they  stepped 
on  board  the  Trent  they  did  not  trouble  themselves  with, 
the  thought  of  the  mischief  they  might  be  doing  an  unof 
fending  neutral ;  and  if  now,  by  any  less  perilous  device, 
they  could  entangle  us  in  the  war,  no  doubt  they  would  bo 
only  too  happy.  We  trust  there  is  ne  chance  of  their  doing 
this,  for,  impartial  as  the  British  pul  lie  is  in  the  matter,  it 
certainly  has  no  prejudice  in  favor  of  davery,  which,  if  any 
thing,  these  gentlemen  represent.  What  they  and  their 
secretaries  are  to  do  here  passes  our  conjecture.  They  ar« 
personally  nothing  to  us.  They  must  not  suppose,  becau,-w» 


OUR   FOREIGN    RELATIONS. 


343 


we  have  gone  to  the  very  verge  of  a  great  war  to  rescue 
them,  that  therefore  they  are  precious  in  our  eyes.  We 
should  have  clone  just  as  much  to  rescue  two  of  their  own 
negroes;  and.  had  that  been  the  object  of  th»  rescue,  the 
swarthy  Pompey  And  Csesar  would  have  had  just  the  same 
rijrht  to  triumphal  arches  and  municipal  addresses  as  Messrs. 
Mason  and  Slidell.  So,  please,  British  public,  lot's  have 
none  of  those  things.  Let  the  commissioners  come  up 
quietly  to  town,  and  have  their  say  with  anybody  who  may 
bare  time  to  listen  to  them.  For  our  part,  we  cannot  see 
how  anything  th»y  have  to  tell  can  turn  the  scale  of  British 
dutv  and  deliberation.  There  have  been  so  many  cases  of 
peoples  and  nations  establishing  an  actual  independence, 
•«id  compelling  the  recognition  of  the  world,  that  all  we 
aavo  to  do  is  what  we  have  done  before,  up  to  the  very  last 
year.  This  is  now  a  simple  matter  of  precedent.  Our 
itatesmt-n  and  lawyers  know  quite  as  much  on  the  subject 
us  Messrs.  Mason  and  Slidell,  and  are  in  no  need  of  their 
information  or  advice. 


ACTION  OF  CONGRESS. 

Second  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

18G1,  December  2  —  Mr.  LOVE  JOY,  by  unani 
mous  consent,  offered  this  joint  resolution  : 

That  the  thanks  of  Congess  are  due,  and  are  hereby  ten 
dered,  to  Captain  \Vilkes  of  the  United  States  Nuvy,  ior  his 
brave,  adroit,  and  patriotic  con  duct  in  the  arrest  and  deten 
tion  of  the  traitors  James  M.  Mason  and  John  Slidell. 

Mr.  KDGERTON  moved  this  as  a  substitute  : 
That  the  President  of  the  United  States  be  requested  to 
present  to  Captain  Charles  Wilkes  a  gold  medal,  with  suit 
ably  emblems  and  devices,  in  te&timony  of  the  high  sense 
entertained  by  Congress  of  his  good  conduct  in  promptly 
arresting  the  rebel  ambassadors  James  M.  Mason  and  John 
Slidell. 

Which  was  agreed  to  ;  and  the  resolution 
passed; 

1862,  February  19  -The  Senate  indefinitely 
postponed  it. 

1861,  December  16  —  Mr.  VALLANDIGHAM  of 
fered  this  resolution  : 

Whereas  the  Secretary  of  the  Navy  has  reported  to  this 
House  that  Captain  Charles  Wilkes,  in  command  of  the  San 
Jacinto,  an  armed  public  vessel  of  the  United  States,  did, 
on  the  8th  of  November,  1861,  on  the  high  seas,  intercept 
the  Trent,  a  British  mail  steamer,  and  forcibly  remove 
therefrom  James  M.  Mason  and  John  Slidell  —  ''disloyal  cit 
izens,  leading  conspirators,  rebel  enemies,  and  dangerous 
men''  —  who,  with  their  suite,  were  on  their  way  to  Europe 
"to  promote  the  cause  of  the  insurrection/'  claiming  to  be 
ambassadors  from  the  so-called  Confederate  States;  and 
where-.-.*  the  Secretary  of  the  Navy  has  further  reported  to 
this  House,  that  "the  prompt  and  decisive  action  of  Captain 
Wilked  on  this  occasion  merited  and  received  the  emphatic 
approval  of  the  Department,"  and  moreover,  in  a  public 
letter  has  thanked  Captain  Wilkes  for  the  act;  and  whereas 
this  House,  on  the  first  day  of  the  session,  did  propose  to 
tender  the  thanks  of  Congress  to  Captain  Wilkes,  for  his 
"  brave,  adroit,  and  patriotic  conduct  in  the  arrest  and  de 
tention  of  the  traitors  James  M.  Mason  and  John  Slidell;" 
and  whereas  further,  on  the  same  day,  this  House  did  re 
quest  the  President  to  confine  the  said  .Fames  M.  Mason  and 
John  Slidell  in  the  cells  of  convicted  felons  until  certain 
military  oliicers  of  the  United  States,  captured  and  held  by 
the  so-called  Confederate  States,  should  be  treated  as  pris 
oners  of  war  :  Therefore, 

Be  it  resolved,  (as  the  sense  of  this  House,)  That  it  is  the 
duly  of  the  President  to  now  firmly  maintain  the  stand 
thus  taken,  approving  and  adopting  the  act  of  Captain 
Wilkes,  in  spite  of  any  menace  or  demand  of  the  British 
government  ;  and  that  this  House  pledges  its  full  support  to 
him  in  upholding  now  the  honor  and  vindicating  the  cour 
age  of  the  Government  and  people  of  the  United  States 
against  a  foreign  power. 

Which,  on  motion  of  Mr.  FENTON,  was  re 
ferred  to  the  Committee  on  Foreign  Affairs  — 
yeas  109,  nays  16,  as  follows  : 

YFAS—  Messrs.  Aldrich,  Alley,  Arnold,  Babbitt,  Joseph 
Baity.  Baker,  Baxter,  Beama^  Biddle,  Bingham,  Francis 
P.  Bluir,  Jacob  B.  Blair,  Samuel  S.  Biair,  Blake,  William 
G.  Brown,  Buflinton,  Burnhum,  L'alvert,  Chamberlain, 
Clark,  Cobh,  Colfax,  Uoscoe  Conk  ling.  Cooper.  Covode,  Davis, 
Delano,  Liven,  Hue)!,  Dunlup,  Dunn,  Edwards,  Eliot.  Eng 
lish,  Fenton,  Fessenden,  Frauchot,  Frank,  Goocb,  Granger, 


Grider,  Gurley,  Hale.  Harding,  Harrison,  Hick  man,  Hutch- 
ins,  Julian,  Francis  W.  Kellogg,  William  Kellogg,  Knaj.p, 
Law,  Lazear,  Leary,  Lehman,  Loomis,  Lovejoy,  McKnight, 
MtPherson,  Mallory,  Maynard,  JUenzies,  Mitchell,  Moorhead, 
Justin  S.  Morrill,  Noe.il,  Od<ll,0\in,  Patton,  Perry,  T  G. 
Phelps,  Pike,  Pomeroy,  Porter,  Alexander  H.  Rice,  John 
II.  Hii/o,  Richardson,  Edward  H.Rollins,  Sargent,  t-'edg- 
wick,  Shanks,  Shefliel''.  Shellabarger,  Sherman,  Smith, 
Spaulding,  William  G.  Steele,  Stevens,  Benjamin  F.  Thom 
as,  Francis  Thomas,  Train.  Trimble, Trowbridge,  Van  Horn, 
Verree,  Wadsworth,  Wall,  E.  P.  Walton,  "Ward,  Wash- 
burne,  Wheeler,  Whaley,  Albert  8.  White.  Wickliffe,  Wil 
son,  Windom,  Woodruff,  Worcester,  Wright— 109. 

NAYS — Messrs.  Allen,  George  //.  Broione,  Frederick  A. 
Conkling,  Cox.  Cravens,  Haight,  Holman,  Morris.  Noble, 
Nugen,  Pendleton,  Shiel,  John  B.  Steele,  Vallandigham, 
Vandever,  Chilt&n  A.  White— 16. 

Monarchical  Intrigues  in  Central  and 
South  America. 

1864,  March  15 — Mr.  McDouGALL  offered  this 
resolution,  which  was  adopted  : 

Resolved,  That  the  President  be  requested  to  communi 
cate  to  the  Senate,  if  not  Incompatible  with  the  public  in- 
tc'rcst,  any  correspondence  or  other  information  in  posses 
sion  of  the  Government,  relating  to  any  plan  or  plans  now 
projected  or  being  projected  with  a  view  to  the  establish 
ment  of  monarchical  governments  in  Central  and  South 
America. 

March  24 — The  PRESIDENT  transmitted  this 
paper  from  the  Secretary  of  State,  in  reply  : 

The  Secretary  of  State,  to  whom  has  been  referred  the 
resolution  of  the  Senate  of  the  15th  instant,  requesting  the 
President  "  to  communicate  to  the  Senate,  if  not  incompati 
ble  with  the  public  interest,  any  correspondence  or  other 
information  in  possession  of  the  Government  relating  to 
any  p'an  or  plans  now  projected,  or  being  projected,  with  a 
view  to  the  establishment  of  monarchical  governments  in 
Central  and  South  America,"  has  the  honor  to  report,  that 
surmises  and  jealousies  are  constantly  arising  on  the  sub 
ject  to  which  the  resolution  refers,  which  are  brought  10 
the  notice  of  the  Department  by  our  representatives  abroad. 
But  there  is  no  correspondence  or  other  form  of  informa 
tion  which  furnishes  any  reliable  fuels  showing  the  exist 
ence  of  "  plans"  for  the  accomplishment  of  the  object 
mentioned. 

Any  correspondence  which  might  be  regarded  as  em 
braced  in  the  resolution,  besides  being  very  vague,  is,  in 
its  nature,  confidential,  and  its  publication  at  the  present 
time  would  be  incompatible  with  the  public  interest. 

Alleged  Foreign  Enlistments. 

1864,  June  28 — The  PRESIDENT  transmitted, 
in  reply  to  a  Senate  resolution  of  24th,  these 
reports  : 

FROM  THE  SECRETARY  OF  STATE. 

WASHINGTON,  June  25, 1864. 

The  Secretary  of  State,  to  whom  has  been  referred  the 
resolution  of  the  Senate  of  the  24th  instant,  requesting  the 
President  to  inform  that  body  "  if  any  authority  has  been 
given  any  one,  either  in  this  country  or  elsewhere,  to  ob 
tain  recruits  in  Ireland  or  Canada  for  our  army  and  navy ; 
and  whether  any  such  recruits  have  been  obtained,  or 
whether,  to  the  knowledge  of  the  Government,  Irishmen  or 
Canadians  have  been  induced  to  emigrate  to  this  country  in, 
order  to  be  recruited ;  and  if  so,  what  measures,  if  any,  have 
been  adopted  in  order  to  arrest  such  conduct,"  has  the 
honor,  in  reply  to  the  inquiries  thus  submitted,  to  report, 
that  no  authority  has  been  given  by  the  Executive  of  this 
Government,  or  by  any  executive  department,  to  any  one, 
either  in  this  country  or  elsewhere,  to  obtain  recruits  either 
in  Ireland,  or  in  Canada,  or  in  any  foreign  country,  for 
either  the  army  or  the  navy  of  the  United  States ;  and  on 
the  contrary,  that  whenever  application  for  such  authority 
has  been  made,  it  has  been  refused  and  absolutely  withheld. 

If  any  such  recruits  have  been  obtained,  either  in  the 
provinces  named  in  the  resolution,  or  in  any  foreign  country, 
they  have  been  obtained  by  persons  who  are  not  even  citi 
zens  of  the  United  States,  but  subjects  or  citizens  of  the 
country  where  the  recruits  were  obtained.  The  persona 
who  obtained  such  recruits,  if  any  were  so  obtained,  were 
answerable  to  the  laws  of  the  foreign  province  or  country 
where  their  offences  wore  committed,  and  at  the  same  time 
they  were  not  within  the  reach  of  our  own  laws  and  tribu 
nals;  and  such  persons  acted  without  apy  authority  or  con 
sent,  and  even  without  the  knowledge  of  this  Government. 
Ihis  Government  has  no  knowledge  that  any  such  recruit* 


3 '4 


OUR    FOREIGN    RELATIONS. 


hare  1  o«;ii  obtained  in  I'nc  provinces  named,  or  in  any  foreign 
<:nunti>.    Tn  two  or  tl  ree  instances  it  has  been  reported  to 
tlii    department  that  r jcruiting agents  crossed  the Canadian 
frontier,  without  authority,  with  a  view  to  engage  recruits  I 
or  reclaim  deserters.     The  complaints  thus  made  were  im- 
inediately  investigated,  the  proceedings  of  such  recruiting 
a;;' 'iits  were  promptly  disavowed  and  condemned,  the  re- 
or  deserters,  if  any  luul  been  brought  into  the  United 
St  ites,  were  at  once  returned,  and   the  offending  agents  ( 
Ware  dismissed  from  the  public  service. 

In  the  land  and  naval  forces  of  the  United  States  there 
are  (bund  not  only  some  Canadians,  some  Englishmen,  and 
some  Irishmen,  but  also  many  subjects  of  continental 
Kuropean  powers.  All  of  these  persons  were  voluntary 
immigrants  into  the  United  States.  They  enlisted  after 
their  arrival  on  our  shores,  of  their  own  free  accord,  within 
our  own  limits  and  jurisdiction,  and  not  in  any  foreign 
country.  The  executive  government  has  no  knowledge  of 
the  nature  of  the  special  inducements  which  led  these  vol- 
ii'iteers  t<>  emigrate  from  their  native  countries,  or  of  the 
purposes  for  which  they  emigrated.  It  has,  however,  neither 
directly  nor  indirectly  invited  their  immigration  by  any 
rtt'ers  of  employment  in  the  military  or  nnval  service. 
When  such  persons  were  found  within  the  United  States, 
exactly  the  same  inducements  to  military  service  were 
open  to  them  which  by  authority  of  law  were  offered  at 
the  same  time  to  citizens  of  the  United  States. 

Having  thus  answered  the  inquiries  contained  in  the  res 
olution  of  the  Senate,  the  Secretary  of  State  might  here 
without  impropriety  close  this  report.  Nevertheless,  the 
occasion  is  a  proper  one  for  noticing  complaints  on  the  sub 
ject  of  recruitment  in  our  army  and  navy  which  have  re 
cently  found  utterance  in  the  British  House  of  Lords.  The 
Secretary  of  State  has,  therefore,  further  to  report  that  the 
Government  of  the  United  Stages  has  practiced  the  most 
scrupulous  care  in  preventing  ..nd  avoiding  in  Great  Brit 
ain,  and  in  all  other  foreign  countries,  any  violation  of  in 
ternational  or  municipal  laws  in  regard  to  the  enlistment 
of  soldiers  and  seamen. 

Moreover,  when  the  British  government,  or  any  other 
foreign  government,  has  complained  of  any  alleged  viola 
tion  of  the  lights  of  its  subjects  within  the  United  States, 
this  Government  has  listened  to  the  complaints  patiently, 
investigated  them  promptly,  and  where  redress  was  found 
due.  and  was  practicable,  has  cheerfully  accorded  it.  This 
Government,  on  the  other  hand,  has  i»oen  obliged  to  sub 
mit,  in  the  ordinary  way,  grave  complaints  of  the  enlist 
ment,  equipment,  and  periodical  payment  in  British  ports 
of  seamen  and  mariners  employed  in  making  unauthorized 
war  from  such  ports  against  the  United  States. 

It  is  a  notorious  fact,  manifest  to  all  the  world,  that  a  vig 
orous  and  continual  tide  of  emigration  is  flowing  from  Eu 
rope,  and  especially  from  portions  of  the  British  empire, 
and  from  Germany  and  Sweden,  into  the  United  States. 
This  immigration, 'like  the  immigration  which  preceded  it, 
results  from  the  reciprocal  conditions  of  industrial  and 
Bocial  life  in  Europe  and  America.  Of  the  mass  of  immi 
grants  who  arrive  on  our  shores,  far  the  largest  number 
go  immediately  into  the  occupations  of  peaceful  indus 
try.  Those,  on  the  contrary,  who  are  susceptible-  to  the 
attraction^  of  military  life,  voluntarily  enter  the  national 
service  with  a  similar  class  of  our  own  native  citizens,  upon 
the  same  equal  inducements,  and  with  the  same  patriotic 
motives.  There  is  no  law  of  nations,  and  no  principles  of 
international  comity,  which  requires  us  to  refuse  their  aid 
in  the  cause  of  th'j  country  and  of  hunvmity. 

This  Government  docs  not  repudiate  or  discourage  immi 
gration.  The  Government  frankly  avows  that  it  encourages 
immigration  from  all  countries,  but  only  by  open,  lawful, 
and  honorable  agencies  and  means.  However  statesmen  in 
other  countries  may  have  at  the  beginning  misunderstood 
the  nature  and  direction  of  the  present  civil  war,  that  na 
ture  and  that  direction  were  not  misunderstood  by  the  Gov 
ernment  of  the  United  States.  It  was  foreseen  here  that 
the  seditious  attempt  to  divide  the  American  Union,  if  not 
discouraged  by  other  commercial  and  maritime  powers, 
would  not  merely  produce  great  commercial  and  social  em 
barrassment  in  the  United  States,  but  that,  if  it  should  be 
persisted  in  and  protracted,  it  must  seriously  disturb  the 
commerce  and  industry  of  Other  nations.  Upon  this  ground, 
among  others,  the  Government  of  the  United  States  earn 
estly  remonstrated  with  foreign  States  against  their  award 
of  unusual,  commercial  and  belligerent  privileges  to  the  in- 
MII  :  'iits,  in  derogation  of  the  sovereignty  of  the  United 
States.  AYhen,  however,  it  was  fully  disclosed  that  the  in- 
Kurreetion  aimed  at  nothing  less  than  to  separate  fifteen  of 
these  States  from  the  rest,  and  to  re-establish  them  within 
our  own  lawful  territory  as  one  singb;  Independent  nation 
upon  the  foundation  of  African  slavery,  this  Government 
did  not  hesitate,  so  far  as  authorized  by  law,  to  draw  upon 
till  the  resources  of  the  country,  and  to  call  into  activity  all 
the  energies  of  the  American  people  to  prevent  so  great  a 
crime.  It  further  resolved  to  devote  its  be.st  efforts  wit'iin 
the  limits  of  international  law  and  the  Constitution  of  the 


United  States,  first  to  bring  African  slavery  to  an  end 
throughout  the  world,  and  secondly  to  strengthen  the  in 
terest  of  free  labor  upon  the  American  continent.  It  recog 
nized  and  entered  into  commercial  relations  with  free  States 
tunneled  on  African  colonization.  It  refused  a  market  for 
slaves,  and  it  pursues  the  slave  trader  on  the  high  seas,  and 
denies  to  him  an  asylum  on  our  own  shores.  On  the  con 
trary,  it  invites  honest  and  industrious  freemen  hither  from 
all  parts  of  the  world,  and  gives  them  free  homes  and  ample 
fields,  while  it  opens  to  them  virgin  mines  and  busy  work 
shops,  with  all  the  privileges  of  perfect  civil  and  religion* 
liberty.  So  far  as  increase  of  immigration  has  resulted  from 
the  action  of  the  (Iovernment  during  the  pi  •.•sent  civil  war, 
it  is  due  exclusively  to  what  has  thus  lawfully  been  done 
with  those  two  ends  of  extinguishing  slavery  and  fortifying 
freedom  always  in  view.  Nor  has  this  Government  any 
reason  to  be  disappointed  with  the  results.  The  country 
has  sustained  a  very  destructive  war  for  the  period  of  three 
years.  Yet  it  is  not  here  that  national  resources  or  credit 
fails.  It  is  not  here  that  patriots  are  wanting  to  defend 
the  country  of  their  birth  or  their  choice,  nor  is  it  here  that 
miners,  farmers,  merchants,  artisans,  and  laborers  lack 
either  subsistence  or  employment,  with  abundant  rewards. 
The  number  of  slaves  is  rapidly  diminishing,  and  the  num 
ber  of  freemen  continues  to  augment,  even  during  the  con 
vulsions  of  domestic  war,  more  rapidly  than  ever  a  free 
population  advanced  in  any  other  country,  or  even  in  our 
own. 
Respectfully  submitted, 

WILLIAM  H.  SEWARD. 
The  PRESIDENT. 

FROM  THE  SECRETARY  OF  WAR. 

WAR  DEPARTMENT, 
WASHINGTON  CITV,  June  '.7, 1864. 

SIR  :  In  answer  to  the  Senate  resolution  of  inquiry,  passed 
June  24,  1864,  and  referred  by  you  to  this  department,  I 
have  the  honor  to  reply  : 

First.  That  no  authority  has  been  given  by  this  depart 
ment  to  any  one,  either  in  this  country  or  elsewhere,  to 
obtain  recruits  in  Ireland  or  Canada  for  the  army  of  the 
United  States. 

Second.  That  no  recruits  have  been  obtained  in  Ireland  or 
in  Canada  for  the  array  of  the  United  States  with  my 
knowledge  or  consent,  and,  to  the  best  of  my  information 
and  belief  none  have  been  obtained,  nor  auy  effort  mado 
to  obtain  them. 

Third.  That  neither  Irishmen  nor  Canadians  have,  with 
my  knowledge,  approbation,  or  consent,  or  with  the  knowl 
edge,  approbation,  or  consent  of  any  oneia  this  department, 
iK-en  induced  to  emigrate  to  this  country  in  order  to  euiist 
into  the  army. 

Fourth.  That  no  measures  have  been  adopted  by  this  de 
partment  to  arrest  any  such  conduct,  because  no  informa 
tion  of  any  such  conduct  has  reached  the  department,  and 
I  do  not  believe  that  it  has  been  practiced  in  any  instance. 

I  will  add  tuat  no  encouragement  or  inducement  what 
ever  has  been  extended  by  this  department  to  any  person 
or  persons  to  obtain  recruits  for  the  army  anywhere  be- 
vond  the  limits  of  the  United  States. 

"   I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  EDWLN1  M.  STANTOV, 

Secretary  of  War. 

FROM  THE  SECRETARY  OF  THE  NAVY. 

NAVY  DEPARTMENT,  June  27,  1854. 

SIR:  I  have  the  honor  to  acknowledge  the  reference  to 
this  Department  of  a  resolution  passed  iu  the  Senate  of  the 
United  States  on  the  24th  instant,  requesting  the  Pies. dent 
of  the  United  States  '-to  inform  the  Senate  if  any  authority 
has  been  given  to  any  one.  either  in  this  conn  fry  or  else 
where,  to  obtain  recruit:"  in  Ireland  or  in  Canada  for  our 
army  or  navy;  and  whether  any  such  recruits  have  been 
obtained,  or 'whether,  to  the  knowledge  of  Iho  Government, 
Irishmen  or  Canadians  have  been  induced  to  emigrate  to 
this  country  in  order  to  be  so  recruited;  and  if  so  what 
measures,  if  any.  have  been  adopted  to  arrest  such  con 
duct;"  and  to  state,  in  reply,  that  no  such  order  as  that 
indicated  in  the  resolution  has  been  given  by  the  Navy  De 
partment  to  any  one.  either  in  this  country  or  elsewhere, 
nor  is  the  Navy  Department  aware  that  any  surh  recruits 
have  been  obtained,  or  that  inducements  have  been  offered 
to  Irishmen  or  Canadians  to  emigrate  to  this  country  in  or 
der  to  be  so  recruited. 

On  the  occasion  of  a  visit  of  the  United  States  steamer 
Kcarsarge  to  Queenstown,  Ireland,  in  November  last,  sev 
eral  Irishmen  secreted  themselves  on  board  the  vessel,  were 
carried  off  in  her,  and  when  discovered  wore  returned  to 
that  port  and  put  a«hore.  This  circumstance  gave  rise  to 
a  charge  that  the  Kearsurge  had  violated  the  foreign  en 
listment  act  of  Great  Britain.  Captain  Winslow,  com 
manding  the  Kearsarge,  disavowed  having  violated  this  act 


OUR    FOREIGN   RELATIONS. 


345 


or  any  intention  of  permitting  others  under  his  command 
to  do  so.  Explanations  have  been  made  to  the  British  gov 
ernment,  and  it  is  presumed  the  matter  has  been  satisfac 
torily  settled. 

I  am,  sir,  with  very  great  respect,  your  obedient  servant, 
GIDEON  WELLE-, 

Secretary  of  the  Navy. 

Foreign  Mediation. 

SECRETARY  SEWARD's  LETT1-JR  TO  GOV.   HICKS. 
DEPARTMENT  OF  STATE,  April  2-2, 1861. 
His  Excellency  THOS.  H.  HICKS,  Governor  of  Mart/land: 

SIR:  I  have  had  the  honor  to  receive  your  communica 
tion  this  morning,  in  whicli  you  inform  me  that  you  have 
felt  it  to  be  your  duty  to  advise  the  President  of  the  United 
States  to  order  elsewhere  the  troops  then  off  Annapolis, 
and  also  that  no  more  may  be  sent  through  Maryland;  and 
that  you  have  further  suggested  that  Lord  Lyons  be  re 
quested  to  act  as  mediator  between  the  contending  parties 
in  our  country  to  prevent  the  effusion  of  blood.  *  *  * 

If  eighty  years  could  have  obliterated  all  the  other  noble 
sentiments  of  that  age  in  Maryland,  the  President  would  be 
hopeful,  nevertheless,  that  there  is  one  that  would  forever 
remain  there  and  everywhere.  That  sentiment  is  that  no 
domestic  contention  whatever,  that  may  arise  among  the 
parties  of  this  Republic,  ought  in  any  case  to  be  referred  fto 
any  foreign  arbitrament,  least  of  all  to  the  arbitrament  ol' 
an  European  monarchy. 

I  have  the  honor  to  be,  with  distinguished  consideration, 
your  Excellency :s  most  obedient  servant. 

WILLIAM  II.  SEWARD. 

FRENCH    MEDIATION. 

During  1862,  the  French  Gove  nment  pro 
posed  to  the  Russian  and  English  governments 
to  join  it  in  trying  to  bring  about  an  armistice 
for  ,'ix  months  between  u  the  Federal  Govern 
ment  and  the  Confederates  of  the  South  ;" 
which  they  declined. 

Jan.  9,  1863— M.  Drouyn  de  1'Huys,  Min 
ister  of  Foreign  Affairs,  addressed  M.  Mercier, 
the  French  Minister  at  Washington,  on  this 
subject. 

We  add  a  few  paragraphs  : 

SIR:  In  forming  the  purpose  of  assisting,  by  the  proffer 
of  our  good  otiices,  to  shorten  the  period  of  those  hostilities 
which  are  desolating  the  American  continent,  had  we  not 
been  guided,  beyond  all,  by  the  friendship  which  actuates 
the  government  of  the  P^mperor  in  regard  to  the  United 
Suites,  the  little  success  of  our  overtures  might  chill  the 
interests  with  which  we  follow  the  fluctuations  of  this  con 
test  ;  but  the  sentiment  to  which  we  have  yielded  is  too  sin 
cere  for  indifference  to  find  a  place  in  our  thoughts,  and 
that  we  should  cease  to  be  painfully  affected,  whilst  the 
war  continues  to  rage. 

We  cannot  regard  without  profound  regret  this  war, 
worse  than  civil,  comparable  to  the  most  terrible  distrac 
tions  of  the  ancient  republics,  and  whose  disasters  multi 
ply  in  proportion  to  the  resources  and  the  valor  which  each 
of  the  belligerent  parties  develop. 

The  government  of  his  Majesty  have  therefore  seriously 
examined   the  objections  which   have  been  made  to   us.  | 
Win-re  we  have  suggested  the  idea  of  a  friendly  mediation,  j 
and  we  have  asked  ourselves  whether  they  are  truly  of  a  j 
nature  to  set  aside  as  premature  every  tentative  to  a  recon 
ciliation,  on  one  part  has  been  opposed  to  us  the  repug- 
nance  of  the  United  States  to  admit  the  intervention  of  j 
foreign  influence  in  tho  dispute,  on  the  other,  the  hope, 
which  the  Federal  Government  has  not  abandoned,  of  at 
taining  its  solution  by  force  of  arms. 

Assuredly,  sir,  recourse  to  the  good  offices  of  one  or  sev 
eral  neutral  powers  contains  nothing  incompatible  with 
the  pride  «o  legitimate  amidst  a  great  nation,  and   wars  ' 
purely  international  are  not  those  alone  which  furnish  ex 
amples  of  the  useful  character  of  mediation. 

SECRETARY  SEWARU'et  LETTER  TO  MR.  DAYTON. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  Qth  Feb.,  1863. 

Sra:  The  intimation  given  in  your  dispatch  of  January 
15th,  No.  255,  that  I  might  expect  a  special  visit  from  M 
Mercier,  has  been  realized.  He  called  on  the  3d  instant,  j 
and  gave  me  a  copy  of  a  dispatch  which  he  had  just  then 
received  from  M.  Drouyn  de  1'Huys  under  the  date  of  the 
21st  of  January.  I  have  taken  the  President's  instructions, 
and  I  now  proceed  to  give  you  his  views  upon  the  subject  in 
U ues  i  ion. 


It  ha?  been  considered  with  seriousness  resulting  fron. 
the  reflection  that  the  people  of  France  are  know.i  to  be 
faultless  sharers  with  the  American  nation  in  ihe  misfor 
tunes  and  calamities  of  our  unhappy  civil  war  ;  nor  do  we 
on  this,  any  more  than  on  other  occasions,  forget  the  tradi 
tional  friendship  of  the  two  countries,  which  we  unhesita 
tingly  believe  has  inspired  the  counsels  that  M.  Drojyn  de 
1'Huys  has  imparted. 

He  says,  "  the  Federal  Government  does  not  despair,  we 
know,  of  giving  more  active  impulse  to  hostilities  ;"  and 
.'•gain  he  remarks,  "  the  protraction  of  tho  struggle,  in  a 
word,  has  not  shaken  the  confidence  (of  tho  Federal  Gov 
ernment)  in  the  definite  success  of  its  efforts. "  These  pas 
sages  seem  to  me  to  do  unintentional  injustice  to  the 
language,  whether  confidential  or  public,  in  which  this 
Government  has  constantly  spoken  on  the  subject  .of  the 
war.  It  certainly  has  had  and  avowed  only  one  purpose — 
a  determination  to  preserve  the  integrity  of  the  country. 
Si>  far  from  admitting  any  laxity  of  effort,  Or  betraying  any 
despondency,  the  Government,  has  on  the  contrary,  borne 
itself  cheerfully  in  all  vicissitudes  with  unwavering  confi 
dence  in  an  early  and  complete  triumph  of  the  national 
cause.  Now,  when  we  are,  in  a  manner,  invited  by  a 
friendly  power  to  review  the  twenty-one  mouths'  history 
of  tho  conflict,  we  find  no  occasion  to  abate  that  confidence. 
Through  such  an  alternation  of  victories  and  defeats  as  is 
the  appointed  incident  of  every  war,  the  land  and  naval 
forces  o!'  the  United  States  have  steadily  advanced,  re 
claiming  from  the  insurgents  the  ports,  forts,  and  posts, 
which  they  had  treacherously  seized  beiorc  the  strife  actu 
ally  began, and  even  before  it  was  seriously  apprehended. 
So  many  of  the  States  and  districts  which  the  insurgents 
included  in  the  field  of  their  projected  exclusive  slave- 
holding  dominions, have  already  been  re-established  under 
the  fiag  of  the  Union,  that  they  now  retain  only  the  States 
of  Georgia,  Alabama,  and  Texas,  with  half  of  Virginia,  half 
of  North  Carolina,  two  thirds  of  South  Carolina,  half  of 
Mississippi,  a  <d  o:ie  third  respectively  of  Arkansas  and 
Louisiana.  The  national  forces  hold  even  this  small  terri 
tory  in  close  blockade  and  siege. 

This  Government,  if  required,  does  not  hesitate  to  submit 
ita  achievements  to  the  test  of  comparison ;  and  it  maintains 
that  In  no  part  of  the  world,  and  in  no  times,  ancient  or 
modern,  has  a  nation,  when  rendered  all  unready  for  combat 
by  the  enjoyment  of  eighty  years  of  almost  unbroken  peace, 
so  quickly  awakened  at  the  alarm  of  sedition,  put  forth  en 
ergies  so  vigorous,  and  achieved  successes  so  signal  and 
effective,  as  those  which  have  marked  the  progress  of  this 
contest  on  the  part  of  the  Union. 

M.  Drouyn  de  1'Huys,  I  fear,  has  taken  other  light  than 
tho  correspondence  of  this  Government  for  his  guidance,  in 
ascertaining  its  temper  and  firmness.  He  has  probably 
read  of  divisions  of  sentiment  among  those  who  hold  them 
selves  fbrth  as  organs  of  public  opinion  here,  and  has  given 
to  them  an  undue  importance.  It  is  to  be  remembered 
that  this  is  a  nation  of  thirty  millions,  civilly  divided  into 
forty-one  States  and  Territories,  which  cover  an  expanse 
hardly  less  than  Europe;  that  the  people  are  a  pure  democ 
racy,  exercising  everywhere  the  utmost  freedom  of  speech 
and  suffrage;  that  a  great  crisis  necessarily  produces  vehe 
ment  as  well  as  profound  debate,  with  sharp  collisions  of 
individual,  local,  and  sectional  interests,  sentiments  and 
ambitions,  and  that  this  heat  of  controversy  is  increased  by 
the  intervention  of  speculations,  interests,  prejudices,  anrf 
passions  from  every  other  part  of  the  civilized  world.  It  is, 
however,  through  such  debates  that  the  agreement  of  th» 
nation  upon  any  subject  is  habitually  attained,  its  resolu 
tion  formed,  and  its  policy  established.  While  there  haf 
been  much  difference  of  popular  opinion  and  favor  con 
cerning  the  agents  who  shall  carry  on  the  war,  the  princi 
ples  on  which  it  shall  be  waged,  and  the  means  with  which 
it  shall  be  prosecuted,  M.  Drouyn  de  1'Huys  has  only  to  re 
fer  to  the  statute  book  of  Congress  and  the  Executive  ordi 
nances,  to  learn  that  the  national  activity  has  hitherto 
been,  and  yet  is,  as  efficient  aa  that  of  any  other  nation- 
whatever  its  form  of  government— ever  was,  under  circum 
stances  of  equalljr  grave  import  to  its  peace,  safety  and 
Hare.  Not  one  voice  has  been  raffed  anywhere,  out  ol 


.  ., 

the  immediate  field  of  the  insurrection,  in  favor  of  foreign 

intervention,  of  mediation,  of  arbitration,  or  of  compro 
mise,  with  the  relinquishment  of  one  acre  of  the  national 
domain,  or  the  surrender  of  even  one  constitutional  fran 
chise.  At  the  same  time,  it  is  manifest  to  the  world  that 
our  resources  arc  yet  abundant,  and  our  credit  adequate  to 
the  existing  emergency. 

What  M.  Drouyn  do  1'IIuys  suggests  is  that  this  Govern 
ment  shall  appoint  commissioners  to  meet,  on  neutral 
ground,  commissioners  of  tho  insurgents.  He  suppose*, 
that  in  the  conferences  to  be  thus  held  reciprocal  complaints 
could  be  discussed,  and  in  place  of  the  accusations  whicb 
the  North  and  the  South  now  mutually  cast  upon  each 
other,  the  conferees  would  be  engaged  with  discussions  of 
the  interests  which  divide  them.  He  assumes,  further,  that 


346 


OUR   FOREIGN    RELATIONS. 


the  commissioners  would  seek,  by  means  of  well-ordered  ' 
and  profound  deliberation,  whether  these  interests  are  de-  , 
tinitivply  irreconcilable,  whether  separation  is  an  extreme 
that  can  no  longer  be  avoided,  or  whether  the  memories  of  j 
a  common  existence,  the  tics  of  every  kind  which  have  j 
mado  <>f  the  North  ar.d  the  South  one  whole  Federative 
State,  and  have  borne  them  on  to  so  high  a  degree  of  pros 
perity,  are  not  more  powerful  than  the  causes  which  have 
placed  arms  in  the  hands  of  the  two  populations. 

The  suggestion  is  not  an  extraordinary  one,  and  it  may 
well  have  been  thought  by  the  Emperor  of  the  French,  iii 
the  earnestness  of  his  benevolent  desire  for  the  restoration  i 
of  peace,  a  feasible  one.  But  when  M.  Drouyn  de  1'Huys  i 
shall  come  to  review  it  in  the  light  in  which  it  must  neces-  ! 
sarily  bo  examined  in  this  country,  I  think  he  can  hardly  ' 
fail  to  perceives  that  it  amounts  to  nothing  less  than  apropo-  j 
sition  that,  while  this  Government  is  engaged  in  suppressing  i 
an  armed  insurrection,  with  the  purpose  of  maintaining  the  : 
constitutional  national  authority,  and  preserving  the  in-  • 
tegrity  of  the  country,  it  shall  enter  into  diplomatic  discus-  i 
sion  with  the  insurgents  upon  the  questions  whether  that  | 
authority  shall  not  be  renounced,  and  whf3ther  the  country  i 
shall  not  be  delivered  over  to  disunion,  to  be  quickly  ibl-  j 
lowed  by  ever  increasing  anarchy. 

If  it  were  possible  for  the  Government  of  the  United 
States  to  Compromise  the  National  authority  so  far  as  to 
enter  into  such  debates,  is  it  not  easy  to  perceive  what  good 
results  could  be  obtained  by  them. 

The  commissioners  must  agree  in  recommending  either 
that  the  Union  shall  stand,  or  that  it  shall  be  voluntarily 
dissolved  ;  or  else  they  must  leave  the  vital  question  unset 
tled,  to  abide  at  last  the  fortunes  of  the  war.     The  Govern 
ment  lias  not  shut  out  knowledge  of  the  present  temper, 
any  more  than    of  the  past  purposes  of  the  insurgents! 
There  is  not   the   least  ground  to  suppose   that  th«  con-  ! 
tro  inflr  actors    would    he  persuaded    at  this   moment,  by 
any  arguments  which  national  commissioners  could  off  :r, 
to  f'lvgo  t!ie  ambition  that  has  impelled  tbeji  to  the  dis 
loyal  position  they  are  occupying.   Any  commissioners  who 
should  be  appointed  by  these  actors,  or  through  their  die-  i 
tation  or  influence,  must  enter  the  conference  imbued  with 
the  spirit,  and  pledged  to  the  personal  fortunes  of  the  in 
surgent  chiefs.     The  loyal  people  in  the  insurrectionary  ; 
States  would  be  unheard,  and  any  offer  for  peace  by  thisGov-  j 
eminent,  on  the  condition  of  the  maintenance  of  the  Union 
must  necessarily  be  rejected. 

On  the  other  hand,  as  I  have  already  intimated,  this  Gov-  ! 
eminent  has  liot  the  least  thought  of  relinquishing  the 
trust  which  has  b  -en  confided  to  it  by  the  nation,  under 
the  most  solemn  of  all  political  .sanctions;  and  if  it  had  any 
such  thought,  it  would  still  have  abundant  reason  to  know 
thai  peace  proposed  at  the  cost  of  dissolution  would  bo  itn- 
mediutelv,  unreservedly,  and  indignantly  rejected  by  the 
American  people.  It  is  a  great  m  stake  that  European 
statesmen  make,  if  they  suppose  this  people  are  demoralized. 
Whatever,  in  the  case  of  an  insurrection,  the  people  of 
France,  or  of  Great  Britain,  or  cf  Switzerland,  or  the  Neth 
erlands  would  do  to  save  their  national  existences,  no  mat 
ter  how  the  strife  might  be  regarded  by  or  affect  foreign 
nations,  just  so  much,  and  certainly  no  less,  the  people  if 
the  United  States  will  do.  if  necessary  to  save  for  the  con- 
inon  benefit  the  region  which  is  bou  idedby  the  Pacific  and 
All  antic  coasts,  and  by  the  shores  of  the  Gulfs  of  r-'t.  Lav- 
rence  <ind  Mexico,  together  wilh  the  free  and  crmmo'.i  navi 
gation  of  the  Rio  Grande,  Missouri,  Arkansas,  Mississippi, 
Ohio.  St.  Lawrence,  Hudson.  Delaware,  Potomac,  and  other 
natural  highways  by  which  this  land,  which  to  them  is  a», 
(><  c«-  a  land  of  inheritance  and  a  land  of  promise,  is  open e 6' 
Htid  watered  Ev  n  if  the  agents  of  the  American  people 
now  exercising  their  power,  should,  through  fear  or  faction, 
fall  below  this  height  of  the  national  virtue,  they  would1, 
tie  speedily,  yet  constitutionally,  replaced  by  others  of 
Hteriier  character  and  patriotism. 

I  must  be  allowed  to  say,  also,  that  M.  Drouyn  de  PHuyu 
errs  in  his  description  of  the  parties  to  the  present  conflict 
We  have  here,  in  a  political  sense,  no  North  and  South,  n< 
southern  and  northern  States.  We  have  an  insurrectionary 
party,  which  is  located  chiefly  upon  and  adjacent  to  the 
shore  of  the  Gulf  of  Mexico;  and  wo  have,  on  the  othei 
hand,  a  loyal  people,  who  constitute  not  only  northern 
Status,  but  also  eastern,  middle,  western,  and  southern 
States. 

T  have  on  many  occasions  heretofore  submitted  to  the 
Kiench  Government  the  President's  views  of  the  interests 
and  the  ideas  more  effective  for  the  time  than  even  interests 
which  Ho  at  the  bottom*  of  the  American  Government  and 
people  to  sustain  the  Federal  Union.  The  President  has 
done  the  same  thing  in  his  messages  and  other  public  dec 
larations.  I  refrain,  therefore,  from  reviewing  that  argu 
ment  in  connection  with  the  existing  question. 

M.  Dronyii  de  1'ITuys  draws  to  his  aid  the  conferences 
which  took  nlace  between  the  colonies  and  Great  Britain,  in 
our  Revolutionary  war.  He  will  allow  us  to  assume,  that 
action  in  th  ->  crisis  of  a  nation  must  accord  with  its  neces 


sities,and  therefore  can  seldom  be  conformed  to  precedent*. 
Great  Britain,  when  entering  on  the  negotiations  had  man 
ifestly  come  to  entertain  doubts  of  her  ultimate  success ; 
and  it  is  certain  that  the  councils  of  the  colonies  could  not 
fail  to  take  new  courage,  if  not  to  gain  other  advantage, 
when  the  parent  State  compromised  so  far  as  to  treat  of 
peace  on  the  terms  of  conceding  their  independence. 

It  is  true,  indeed,  that  peace  must  come  atsome  time,  and 
that  conferences  must  attend,  if  they  are  not  allowed  to 
precede  the  pacification.  There  is,  however,  a  better  form 
for  such  conferences  than  the  one  which  M.  Drouyn  d« 
Plluys  suggests.  The  latter  would  bo  palpably  in  deroga 
tion  of  the  Constitution  of  the  United  States,  and  would 
carry  no  weight  because  destitute  of  the  sanction  necessary 
to  bind  either  the  disloyal  or  the  loyal  portions  of  the 
people.  On  the  other  hand,  the  Congress  of  the  United 
States  furnishes  a  constitutional  forum  for  debates  between 
the  alienated  parties.  Senators  and  Representatives  from 
the  loyal  portion  of  the  people  are  there  already,  freely 
empowered  to  confer;  and  seats  also  are  vacant,  and  invit 
ing  Senators  and  Representatives  of  the  discontented  party 
who  may  be  constitutionally  sent  there  from  the  States  in 
volved  in  the  insurrection.  Moreover,  the  conferences 
which  can  thus  be  held  in  Congress  have  this  great  advan 
tage  over  any  that  could  be  organized  upon  the  plan  of  M. 
Drouyn  de  I'Huys,  namely:  that  the  Congress,  if  it  were 
thought  wise,  could  call  a  national  convention  to  adopt  it* 
recommendations,  and  give  them  all  the  solemnity  and 
binding  force  of  organic  law.  Such  conferences  between 
the  alienated  parties  may  be  said  to  have  already  begun. 
Maryland,  Virginia,  Kentucky,  Tennessee,  and  Missouri — 
States  which  are  claimed  by  the  insurgents — are  already 
represented  in  Congress,  and  submitting  with  perfect  free 
dom,  and  in  a  proper  spirit,  their  adv'  o  upon  the  course 
best  calculated  to  bring'about,  in  the  shortest  time,  a  firm, 
lasting,  and  honorable  peace.  Representatives  have  been 
sent,  also,  from  Louisiana,  and  others  are  understood  to  bo 
coming  from  Arkansas. 

There  is  a  preponderating  argument  in  favor  of  the  con 
gressional  form  of  conference  over  that  which  is  suggested  by 
M.  Drouyn  de  1'IIuys,  namely:  that  while  an  accession  to 
the  latter  would  bring  this  Government  into  a  concurrence 
with  the  insurgents  in  disregarding  and  setting  aside  an  im 
portant  part  of  the  Constitution  of  the  United  States,  and 
so  would  be  of  pernicious  example,  the  congressional  con 
ference,  on  the  contrary,  preserves  and  gives  new  strength 
to  that  sacred  writing  which  must  continue  through  future 
ages  the  sheet  anchor  of  the  Republic. 

You  will  be  at  liberty  to  read  this  dispatch  to  M.  Drouyn 
de  1'IIuys.  and  to  give  him  a  uopy,  if  he  shall  desire  it. 

To  the  end  that  you  may  be  informed  of  the  whole  case, 
I  transmit  a  copy  of  M.  Drouyn  de  1'IIuys's  dispatch. 
I  am,  sir,  your  obedient  servant, 

WILLIAM  II.  SEWARD. 


RESOLUTIONS    OF    CONGRESS    UPON    FOREIGN 
MEDIATION. 

Third  Session.  Thirty-Seventh  Congress. 

Whereas  it  appears  from  the  diplomatic  correspondence 
submitted  to  Congress  that  a  proposition,  friendly  in  form, 
looking  to  pacification  through  foreign  mediation,  has  been 
made  to  the  Unite  1  States  by  the  Kmper-r  of  the  French 
and  promptly  declined  by  the  President;  arid  whereas  the 
idea  of  mediation  or  intervention  in  some  sha^e  may  be  re 
garded  by  foreign  governments  as  practicable,  ami  such 
governments,  through  this  misunderstanding,  may  be  led 
to  proceedings  tending  to  embarrass  the  friendly  relations 
which  now  exist  between  them  and  the  United  tates;  and 
whereas,  in  order  to  remove  for  the  future  all  chance  of 
misunderstanding  on  this  subject,  and  to  secure,  for  the 
United  States  the  full  enjoyment  of  that  freedom  from  for 
eign  inter. erence  which  is  one  of  the  highest  rights  of  in 
dependent  States,  it  f  eems  fie  that  Congress  should  declare 
its  convictions  thereon  :  Therefore. 

K<  solved,  (the  House  of  RepresentHtives  concurring.)  That 
while,  in  times  past,  the  United  States  have  s  night  and  ac 
cepted  the  friendly  mediation  or  arbitration  of  foreign  pow 
er*  for  the  pacific  adjustment  of  international  question*, 
where  the  United  States  were  the  party  of  the  one  part  and 
some  other  sovereign  power  the  party  of  the  other  part  ; 
and  while  they  are  not  disposed  to  misconstrue  the  natural 
and  humane  d'e.oire  of  foreign  powers  to  aid  in  arresting  do 
mestic  troubles,  which,  widening  in  their  influence,  have 
afflicted  other  countries,  especially  in  view  of  the  circum 
stance,  deeply  regretted  by  the  American  people,  that  the 
blow  aimed  by  the  rebellion  at  the  national  life  has  fallen 
heavily  upon  the  laboring  population  of  Europe;  yet,  not 
withstanding  these  things.  Congress  cannot  hesitate  to  re 
gard  every  proposition  of  foreign  interference  in  the  present 
contest  as  so  fnr  unreasonable  and  inadmissible  that  its  only 
will  be  found  in  a  misunderstanding  of  the 


OUR    FOREIGN    RELATIONS. 


347 


true  stato  of  the  question,  and  of  the  real  character  >f  the 

war  in  which  the  K'>public  is  engaged 

2.  That  the  United  States  arc  now  grappling  with  an  un- 
provokod  and  wicked  rebellion,  which  is  seeking  the  de 
struction  oi'  the  Republic  that  it  may  build  a  new  power, 
whose  corner-stone,  according  to  the  confession  of  its  chiefs, 
shall  be  slavery  :  that  for  the  suppression  of  this  rebellion, 
and  thus  to  save  the  Republic  and  to  prevent  tha  establish 
ment  of  such  a  power,  the    national  Government  is   now 
employing  armies  and  fleets  in  full  faith  that  through  those 
efforts  all  the  purpose  of  conspirators  and  rebels  will  bo 
crushed :  that  while  ongngod  in  this  struggle,  on  which  so 
much  depends,  any  proposition  from  a  foreign  power,  what 
ever  form  it  may  take,  having  for  its  object  the  arrest  of 
these  efforts,  is,  just  in  proportion  to  its  influence,  an  en 
couragement  to  the  rebellion  and  to  its  declared  principles, 
and  on  this  account,  is  calculated  to  prolong  and  imbitter 
the  conflict,  to  cause  increased  expenditure  of  blood  and 
treasure,  and  to  postpone  the  much  desired  day  of  peace  ; 
that,  with  thesn  convictions,  and  not  doubting  that  every 
such  proposition,  although  made  with  good  intent,  is  inju 
rious  to  the  national  interests.  Congress  will  be  obliged  to 
look  upon  any  further  attempt  in  the  same  direction  as  an 
unfriendly  act,  which  it  earnestly  deprecates,  to  the  end 
that  nothing  may  occur  abroad  to  strengthen  the  rebellion 
or  to  weaken  those  relations  of  good  will  with  foreign  pow 
ers  which  the  United  States  are  happy  to  cultivate. 

3.  That  the  rebellion  from  its  beginning,  and  far  back 
even  in  the  conspiracy  which  preceded  its  outbreak,  was 
encouraged  by  the  hope  of  support  from  foreign  powers ; 
that  its  chiefs  frequently  boasted  that  the  people  of  Europe 
were  so  far  dependent   upon  regular  supplies  of  the  great 
southern  staple  that  sooner   or  later  their   governments 
would  be  constrained  to  take  side  with  the  rebellion  in 
some  effective  form,  even  to  the  extent  of  forcible  interven 
tion,  if  the  milder  form  did  not  prevail ;  that  the  rebellion 
is  now  sustained  by  this  hope,  which  every  proposition  of 
foreign  interference  quickens  anew,  and  that  without  this 
life-giving  support  it  must  soon  yield  to  the  just  and  pater 
nal  authority  of  the  national  Government ;  that,  consider 
ing  these  things,  which  are  aggravated  by  the  motive  of  the 
resistance  thus  encouraged,  the  United  States  regret  that 
foreign  powers  have  not  frankly  told  the  chiefs  of  the  rebel 
lion  that  the  work  in  which  they  are  engaged  is  hateful, 
and  that  a  new  government,  such  as  they  seek  to  found, 
with  slavery  as  its  acknowledged  corner-stone,  and  with  no 
other  declared  object  of  separate  existence,  is  so  far  shock 
ing  to  civilization  and  the  moral  sense  of  mankind  that  it 
must  not  expect  welcome  or  recognition  in  the  common 
wealth  of  nations. 

4.  That  the  United  States, confident  in  the  justice  of  their 
cause,  which  is  the  cause  also  of  good  government  and  of 
human  rights  everywhere  among  men ;   anxious  for  the 
speedy  restoration  of  peace,  which  shall  secure  tranquillity 
at  home  and  remove  all  occasion  of  complaint  abroad;  and 
awaiting  with  well-assured  trust  the  final  suppression  of  the 
rebellion,  through  which  all  these  things,  rescued  from 
present  danger,  will  be  secured  forever,  and  the  Republic, 
one  and  indivisible,  triumphant  over  its  enemies,  will  con 
tinue  to  stand  an  example  to  mankind,  hereby  announce, 
as  their  unalterable  purpose,  that  the  war  will  be  vigorously 
prosecuted,  according  to  the  humane  principles  of  Christian 
States,  until  the  rebellion  shall  be  suppressed;  and  they 
reverently  invoke  upon  their  cause  the  blessings  of  Almighty 
God. 

5.  That  the  President  be  requested  to  transmit  a  copy  of 
these  resolutions,  through  the  Secretary  of  State,  to  the 
ministers  of  the  United   States  in  foreign  countries,  that 
the  declaration  and  protest  herein  set  forth  may  be  com 
municated  by  them  to  the  government  to  which  they  are 
accredited. 

1863,  March  3 — The  resolutions  were  passed 
by  the  Senate — yeas  31,  nays  5,  as  follows: 

YEAS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla- 
mer,  Dan's,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster, 
Grimes,  Harding,  Ilarlan,  Harris,  Henderson,  Hicks,  How 
ard,  Howe.  King,  Lane  of  Indiana,  Morrill,  Ncsmith,  Pom- 
eroy,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Willey,  Wilinot, 
Wilson  of  Massachusetts — 31. 

NAYS— Messrs.  Carlile,  Latham,  Powell,  Saulsbury,  Wall 
—6. 

1863,  March  3 — The  above  resolutions  were 
considered  in  the  House. 

Mr.  VALLANDIGHAM  moved  to  lay  them  on  the 
table  ;  which  was  negatived — yeas  29,  nays  92. 

They  were  then  passed — yeas  103,  nays  28, 
as  follows : 

YEAS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Bail;/,  Baker.  Baxter,  Bingham,  Jacob  B.  Blair,"  Samuel  S 
Blair,  Blake,  Bridges,  William  G.  Brown,  Bufflnton,  Camp 


bell.  Casey,  Chamberlain,  Clark,  Clements,  Colfax,  Freder 
ick  A.  Coukling,  Roscoe  Conkling,  Conway.  Covode,  Cutler, 
Dawos,  Dunn,  Edgerton,  Eliot,  Ely,  Fen  ton,  Samuel  C.  Fes- 
sendon,  Thomas  A.  D.  Fessenden,  Fisher.  Flanders.  Franohot, 
Frank,  Gooch,  Goodwin,  Granger,  Gurley,  Ilaigltt.  Hale, 
Harrison,  Horton,  Hutching.  Julian,  Kelley.  Fruncis  W.  Kel 
logg,  William  Kollogg,  Luary,  Lehman,  Loomis,  Low,  Mc- 
Indoo,  McKoan,  McKnight,  McPherson,  Marston,Maynurd, 
Mitchell.  Moorhead,  Anson  P.  Morrill,  Justin  S.  Morrill, 
Nixon,  Olin.  Patton,  Timothy  G.  Ph»:lps,  Pike,  Pomeroy, 
Porter,  Alexander  II.  Rico,  John  H.  Rico,  Edward  II.  Rol 
lins,  Sargent,  Sedgwick.  Shanks,  Sheffield,  Shellabarger, 
Sloan,  Smith,  Spauldiug,  Stevens,  Stratton,  Benjamin  F. 
Thomas,  Francis  Thomas,  Train,  Trimble.  Trowbridge.  Van 
Valkenburgh,  Van  Wyck,  Verree,  Walker.  Wallace,  Wash- 
burne.  Webster,  Wheeler,  Albert  S.  White,  Wilson,  Windom, 
Worcester,  Wright— 103. 

NAYS — Messrs.  William  Allen.  Ancona,  Culvert,  Critten- 
dm,  Dunlap.  Gridcr,  Johnson,  Kerrigan,  Knapp,  Lozearr 
Mallory,  May,  Noble,  Norton,  Nugen,  Pendleton,  Perry,  Pries, 
Robinton,Shid,  Miles,  Vullamiir/tiam,  Voorhees,  Wadsworth, 
Ward,  Chilton  A.  White,  Wickliffe.,  Yeaman— 28. 


LETTER    OP    LORD    LYONS    TO     EARL    RUSSELL    RE 
SPECTING    MEDIATION. 

WASHING-FOX,  November  17, 1862. 

In  his  dispatches  of  the  17th  and  of  the  24th  ultimo,  and 
of  the  7th  instant,  Mr.  Stuart  reported  to  your  lordship  tho 
result  of  the  elections  for  members  of  Congress  and  State 
officers,  which  have  recently  taken  place  in  several  of  the 
most  important  States  of  the  Union.  Without  repeating 
the  details,  it  will  be  sufficient  for  me  to  observe  that  the 
success  of  the  Democratic,  or  (as  it  now  styles  itself)  the 
Conservative  Party,  has  been  so  great  as  to  manifest  a 
change  in  public  feeling,  among  the  most  rapid  and  the 
most  complete  that  has  ever  been  witnessed,  even  in  this 
country. 

On  my  arrival  at  New  York  on  the  8th  instant  I  found 
the  Conservative  leaders  exulting  in  the  crowning  success 
achieved  by  the  party  in  that  State.  They  appeared  to  re 
joice,  above  all,  in  the  conviction  that  personal  liberty  and 
freedom  of  speech  had  been  secured  for  the  principal  Stato 
of  the  Union.  They  believed  that  the  Government  must  at 
once  desist  from  exercising  in  the  State  of  New  York  the 
extraordinary  (and  as  they  regarded  them)  illegal  and  un 
constitutional  powers  which  it  had  assumed.  They  were 
confident  that  at  all  events  after  the  1st  of  January  nextr 
on  which  day  the  newly  elected  Governor  would  come  into- 
office,  the  suspension  of  the  writ  of  habeas  corpus  could  not 
be  practically  maintained.  They  seemed  to  bo  persuaded 
that  the  result  of  the  elections  would  be  accepted  by  the 
President  as  a  declaration  of  the  will  of  the  people;  that  he 
would  increase  the  moderate  and  conservative  element  in 
the  Cabinet ;  that  he  would  seek  to  terminate  the  war,  not 
to  push  it  to  extremity;  that  he  would  endeavor  to  effect  a 
reconciliation  with  the  people  of  the  South,  and  renounce 
the  idea  of  subjugating  or  exterminating  them. 

On  the  following  morning,  however,  intelligence  arrived 
from  Washington  which  dashed  the  rising  hopes  of  the 
Conservatives.  It  was  announced  that  General  McClellan 
had  been  dismissed  from  the  command  of  the  army  of  the 
Potomac,  and  ordered  to  repair  to  his  home;  that  ho  had, 
in  fact,  been  removed  altogether  from  active  service.  Tho 
general  had  been  regarded  as  the  representative  of  Con 
servative  principles  in  the  army.  Support  of  him  had  beer, 
made,  one  of  the  articles  of  tho  Conservative  electoral  pro 
gramme.  His  dismissal  was  taken  as  a  sign  that  the  Pres 
ident  had  thrown  himself  entirely  into  the  arms  of  the- 
extrcme  radical  party,  and  that  the  attempt  to  carry  out 
the  policy  of  that  party  would  be  persisted  in.  The  irrita 
tion  of  the  Conservatives  at  New  York  was  certainly  very 
great ;  it  seemed,  however,  to  be  not  unmixed  with  con 
sternation  and  despondency. 

Sev;  ral  of  the  leaders  of  the  Democratic  party  sought  in 
terviews  me,  both  before  and  after  the  arm  al  .  f  tho  intd 
ligence  of  General  McClellan's  dismissal.  The  subject  up 
permost  in  their  minds  while  they  were  speaking  to  me, 
was  naturally  that  of  foreign  mediation  between  the  North 
and  South.  Many  of  them  seemed  to  think  that  this  medi 
ation  must  come  at  last,  but  they  appeared  to  be  vc:  y  much 
afraid  of  its  coming  too  soon.  It  w.is  evident  that  they  ap 
prehended  that  a  premature  proposal  of  foreign  i  terven- 
tion  would  afford  the  Radical  party  a  means  of  reviving  the 
violent  war  spirit,  and  of  thus  defeating  the  peaceful  plan* 
of  the  Conservatives.  They  appeared  to  regard  the  present 
moment  as  peculiarly  unfavorable  for  such  an  offer,  and 
indeed,  to  hold  that  it  would  be  essential  to  the  success  of 
any  proposal  from  abroad  that  it  should  be  deferred  until 
the  control  of  the  Executive  Government  should  be  in  the- 
hands  of  the  Conservative  party. 

I  gave  no  opinion  on  the  subject.  I  did  not  say  whether 
or  no  I  myself  thought  foreign 'intervention  probable  or  ad- 


OUR    FOREIGN    RELATIONS. 


visable,  hut  I  listened  with  attention  to  the  accounts  given 
«ie  of  the  [>!;tn  -  anfl  hopes  of  the  Conservative  party.  At 
the  bottom  I  thought  I  perceived  a  desiro  to  put  an  end  to 
che  war,  even  at  the  risk  of  losing  the  southern  States  alto 
gether  ;  but  it  was  plain  that  it  was  not  though*  pr'id*»nt 
*x>  avow  this  desire.  Indeed  some  hints  of  it,  dropped  be 
fore  the  elections,  were  so  ill  received  that  a  strong  decla 
ration  in  the  contrary  sense  was  deemed  necessary  by  the 
Democratic  leaders. 

At  tlie  present  moment,  therefore,  the  chiefs  of  the  Oon- 
<ervative  party  call  loudly  lor  a  more  vigorous  prosecution 
)f  the  Witr,  and  reproach  the  Government  with  slackness  as 
well  as  with  want  of  success  in  its  military  measures.  But 
they  repudiate  all  idea  of  interfering  with  the  institutions 
')f  the  southern  people,  or  of  waging  a  war  of  subjugation 
or  extermination,  they  maintain  that  the  objsct  of  the 
military  operations  should  be  to  place  the  North  in  a  posi- 
ti'>n  to  demand  an  armistice  with  honor  and  effect.  The 
armistice  should  (they  hold)  be  followed  by  a  convention, 
in  which  such  changes  of  the  Constitution  should  be  pro 
posed  as  would  give  the  South  ample  security  on  the  subject 
of  its  slave  property,  and  would  enable  the  North  and  the 
South  to  reunite  and  to  live  together  in  peace  and  harmony. 
The  Conservatives  profess  to  think  that  the  South  might  be 
induced  to  take  part  in  such  a  convention,  and  that  a  re>- 
toiation  of  the  Union  would  be  th  >  result. 

The  more  sagacious  members  of  the  party  must,  however, 
look  upon  the  proposal  of  a  convention  merely  as  a  last 
experiment  to  test  the  possibility  of  reunion.  They  are  no 
doubt  well  aware  that  the  more  probable  consequence  of 
an  armistice  would  be  the  establishment  of  Southern  inde 
pendence,  but  they  perceive  that  if  the  South  is  so  utterly 
alienated  that  no  possible  concessions  will  induce  it  to  re 
turn  voluntarily  to  the  Union,  it  is  wiser  to  agree  to  separa 
tion  than  to  prosecute  a  cruel  and  hopeless  war. 

It  is  with  reference  to  such  an  armistice  as  they  desire  to 
attiiin,  that  the  leaders  of  the  Conservative  party  regard  the 
question  of  foreign  mediation.  They  think  that  the  offer 
of  mediation,  if  made  to  a  radical  administration,  would  be 
rejected;  that,  if  made  at  an  unpropitious  moment,  it 
triight  increase  the  virulence  with  which  the  war  is  prose 
cuted.  If  their  own  party  were  in  power,  or  virtually  con 
trolled  the  administration,  they  would  rather,  if  possible, 
obtain  an  armistice  without  the  aid  of  foreign  governments, 
but  they  would  be  disposed  to  accept  an  otter  of  mediation 
if  it  appeared  to  be  the  only  means  of  putting  a  stop  to 
•hostilities.  They  would  desire  that  the  offer  should  come 
from  the  groat  powers  of  Europe  conjointly,  and  in  particu 
lar  that  as  little  prominence  as  possible  should  be  given  to 
Great  Britain. 

At  Washington  I  have  had  fewer  opportunities  than  I 
*ad  at  New  York  of  ascertaining  the  present  views  of  the 
;hicfs  of  the  political  parties.  At  the  interview  which  I 
nad  with  Mr.  Seward  the  day  after  my  arrival  he  showed 
QO  disposition  to  enter  upon  political  matters.  lie  did  not 
ippear  to  expect  or  to  desire  to  receive  from  me  any  special 
communication  from  her  Majesty's  government.  The 
President,  when  I  waited  upon  him,  talked  to  me  only  on 
ordinary  topics.  I,  for  my  part,  gladly  shunned  all  allusion 
to  foreign  intervention,  my  principal  object  being  to  avoid 
saying  anything  which  might  umbarrass  mo  in  carrying 
out  any  instructions  on  the  subject  which  I  may  receive 
from  your  lordship. 

All  things  considered,  my  own  opinion  certainly  is  that 
the  present  moment  is  not  a  favorable  one  for  making  an 
offer  of  mediation.  It  might  embarrass  the  peace  party, 
anil  even  oblige  theln,  in  order  to  maintain  their  popularity, 
to  make  some  declaration  against  it,  and  this  might  make 
it  diilicult  for  them  to  accept  a  similar  offer  at  a  more 
propitious  time.  It  would  in  all  probability  be  rejected  by 
the  President,  who  appears  to  have  thrown  himself  into 
tin;  arms  of  the  extreme  radical  party. 

The  views  of  that  party  are  clear  and  definite.  They 
•declare  that  there  is  no  hope  of  reconciliation  with  the 
.Southern  people:  that  the  war  must  be  pursued,  per  fas  et 
ncfay,  until  the  disloyal  men  of  the  South  are  ruined  and 
subjugated,  if  not  exterminated;  that  not  an  inch  of  the 
old  territory  of  the  Republic  must  be  given  up;  that 
foreign  intervention,  in  any  shape,  must  bo  rejected  and 
resented.  This  party  would  desire  to  turn  an  offer  of 
mediation  to  account,  tor  the  purpose  of  inflaming  the  war 
spirit  and  producing  a  reaction  against  the  Conservatives. 

Is  is  probable,  too,  that  the  Government  would  urge,  in 
.answer  to  an  offer  of  mediation,  that  it  has  by  no  means 
abandoned  the  hope  of  putting  down  the  rebellion  within  a 
reasonable  time;  that  at  all  events,  this  is  not  a  moment 
nt  which  it  can  reasonably  be  called  upon  to  put  a  stop  to 
hostilities.  It  would  observe  that  the  armies  of  the  United 
•States  are  everywhere  advancing,  and  that  expeditions  are 
prepared  against  Texas,  as  well  as  against  Charleston,  Mo 
bile,  and  other  points  on  tho  coast.  It  would  point  out 
that  it  had  equipped  a  considerable  number  of  war-vessels, 
iron-clad  as  well  as  others,  at  a  vast  expense;  that  the  sear 
>sr>a  had  just  arrived  when  the  autumn  rains  would  render 


the  rivers  navigable  by  armed  vr-ssels,  and  when  the  South 
ern  coast  would  be  free  from  epidemic  disease. 

It  might  even  represent  an  advance  of  the  Army  of  the 
Potomac  to  Richmond  as  a  probable  event.  The  experience 
of  the  past  is  certainly  not  calculated  to  inspire  any  great 
confidence  in  the  results  of  these  warlike  preparations,  but 
tho  political  interests  of  the  party  now  in  power  render  a 
continuance  of  tho  war  a  necessity  to  it.  Its  only  chance  of 
regaining  its  lost  popularity  lies  in  successful  military  oper 
ations.  Unless  it  can  obtain  a  much  higher  place  in  public 
estimation  than  it  now  occupies,  not  only  will  its  tenure  of 
power  become  extremely  precarious,  but  some  of  its  lead 
ing  members  may  be  called  to  a  severe  account  for  their 
extra-legal  proceedings.  During  the  session  of  Congress 
which  begins  next  month,  tho  present  Administration  has 
indeed  reason  to  expect  an  uncompromising  support  from 
a  majority  of  both  Houses  of  Congress.  But  on  the  4th  of 
March  next,  the  existing  House  of  Representatives  is  dis 
solved  by  the  terms  of  the  Constitution,  and  at  the  same 
time  several  of  the  present  Senators  go  out  of  office.  The 
majority  of  the  members  chosen  at  the  recent  elections  for 
the  new  House  of  Representatives  aro  of  the  Democratic  or 
Conservative  party,  and  in  some  States,  Senators  of  that 
party  will  bo  returned  in  the  room  of  those  whose  term  of 
office  expires  next  March.  The  new  Congress  in  likely 
to  bo  hostile  to  the  Administration  and  to  the  Ra.Jical 
party;  and  although  it  will  not,  in  the  ordinary  course  of 
things,  assemble  until  the  last  month  of  next  year,  the 
President  will  hardly  be  able  to  persist  in  his  present  policy 
and  in  his  assumption  of  extraordinary  powers,  unless  ho 
can,  in  virtue  of  military  successes,  obtain  a  reputation 
with  the  people  which  will  sustain  him  in  a  contest  with 
the  Legislature. 

It  woiild  seem,  then,  to  be  vain  to  make  an  offer  of  me 
diation  to  the  present  Government,  in  their  present  mood, 
with  any  notion  that  it  would  be  accepted.  A  change  of 
mood  may,  however,  take  place  after  the  4th  of  March,  if 
no  great  military  successes  occur  in  the  interval.  Such  a 
change  may  possibly  be  produced  sooner  by  military  re 
verses.  A  proposal,  however,  to  mediate,  made  even  under 
tho  present  circumstances,  by  three  or  more  of  the  great 
powers  of  Europe  conjointly  might  not  produce  any  great 
inconvenience. 

It  is,  indeed,  urged  by  some  people  that  mediation  should 
be  offered,  not  so  much  with  a  view  to  its  being  accepted  aa 
to  its  clearing  the  way  for  a  recognition  of  the  Southern 
Confederacy.  And,  indeed,  if  it  were  determined  that  the 
time  had  come  for  recognizing  that  Confederacy,  no  doubt 
an  offer  of  mediation  would  be  a  suitable  preliminary.  But 
I  do  not  clearly  understand  what  advantage  is  expected  to 
result  from  a  simple  recognition  of  the  southern  govern 
ment  ;  and  I  presume  that  tho  European  powers  do  not  con 
template  breaking  up  the  blockade  by  force  of  arms,  or  en 
gaging  in  hostilities  with  the  United  States  in  support  of 
the  independence  of  the  South. 

I  have,  indeed,  heard  it  maintained  that  Great  Britain 
should  recognize  the  independence  of  the  South  as  soon  ad 
possible,  with  a  view  to  impede  the  success  of  the  efforts  of 
the  conservative  party  to  reconstruct  the  Union.  Tho  ad 
vocates  of  this  opinion  consider  a  re-union  as  a  probable 
event,  and  apprehend  that  the  first  result  of  it  would  lie 
that  the  combined  forces  of  the  North  and  tho  South  would 
be  let  loose  upon  Canada.  I  certainly  do  not  at  present 
share  these  apprehensions.  All  hope  of  the  reconstruction 
of  the  Union  appears  to  be  fading  away,  even  from  tho 
minds  of  those  who  most  ardently  desire  it.  Until'  tho  re 
construction  be  still  possible,  I  do  not  think  we  need  con 
clude  that  it  would  lead  to  an  invasion  of  Canada,  or  to  any 
consequences  injurious  to  Great  Britain.  At  any  rate  da  liters 
of  this  kind  aro  remote.  The  immediate  and  obvious  in 
terest  of  Great  Britain,  as  well  as  of  tho  rest  of  Europe,  is 
that  peace  and  prosperity  should  be  restored  to  this  country 
a»s  soon  as  possible.  The  point  chiefly  worthy  of  consider 
ation  appears  to  be  whether  .separation  or  reunion  be  the 
more  likely  to  effect  this  object. 

The  French  in  Mexico. 
Third  Session,  Thirty-Seventh  Congress. 
IN  SENATE. 

1803,  January  19— Mr.  McDouaALL  offered 
the  following  concurrent  resolutions: 

Resolved  by  the  Senate,  (the  House  of  Representatives 
concurring.)  That  the  present  attempt  bv  the  government 
of  France  to  subject  the  Republic  of  Mexico  to  her  author 
ity  by  armed  force  is  a  violation  of  the  established  and 
k;iow'n  rules  of  international  1  i\v,  and  that  it  is. moreover,  a 
violation  of  the  faith  of  France,  pledged  by  the  treaty  made 
at  London  on  the  31st  day  of  October,  18:1,  between  the 
allied  governments  of  Spain,  Frunze,  and  England,  commu 
nicated  to  this  Government  over  the  signatures  of  the  ro- 


OUR    FOREIGN    RELATIONS, 


presentntives  of  the  allies  by  letter  of  the  30th  day  of  No- 
v.mber,  1^61,  and  particularly  and  repeatedly  ;>ssured  to 
tli  N  ( H.vernment  through  its  ministers  resident  at  the  Court 
of  France. 

Resolved  furVier,  That  the  attempt  to  subject  the  Repub 
lic  of  Mexico  to  the  French  authority  is  an  act  not  merely 
unfriendly  to  this  Republic,  but  to  free  institutions  every 
where,  and  that  it  is  regarded  by  this  Republic  »s  not  only 
unfriendly,  but  as  hostile. 

Resolved  further,  That  it  is  the  duty  of  this  Republic  to 
require  <>f  the  government  of  France  that  her  armed  forces 
b<>  withdrawn  from  thete  niories  of  Mexico. 

Resolved  further,  That  it  is  the  duty  and  proper  office  ot 


ton,  Herrick,  Higby,  Ifrlman,  Hooper,  ilotclikiss, 
W.  Hubbard,  .len<  kes,  Phili)>  Johnson,  .itilian.  Keu. 
K.i.-on,  Kellcy,  Francis  W.  Kellogg,  OrUudo  Kellogg,  K>-r 
n>m,  King,  Law,  Lazc-ir,  Long.  Longyeai ,  Mai  lory,  Marcy, 
Marvin,  McBridc,  McClurg,  McKintwi.  Middleton,  Bami'M 
F.  Miller,  Moorhead.  Morrill,  Daniel  M-.rris.  James  It.  Mnr 
ris,  Morrison,  Amos  Myers,  Leonard  Myers,  N<>lson,  Norton. 
Odt'U,  Charles  O'Neill,  John  O'Neill,  Orth,  Patterson.  I'm, 
dleton,  Perham,  Pike,  Pomeroy,  Price,  Pruyn,  Samuel  J 
Randall,  William  II.  Randall,  Alexander  II.  Rice,  John  ll 
Rice.  Rogrra.  Edwiird  II.  Rollins.  J.nm-s  N  /lollSns,  Scheti.-k 
Scofield,  /b>«.  Shannon,  Sloan.  Smit'iet*,  Spjildinjr,  Stttrr. 
John  B.  Stecle,  Stevens,  Mroiise,  £t,v.irt,  X;v<-uf,  'llnv-r. 


this  Republic  now'  and  xt  all  times,  to  le:id  such  aid  to  the  !  Tracy,  Upson,  Van  Valkenburgh,  Voorhees,  Ward,  Ellihu  H 

Republic  of  Mexico  as  is  or  may  be  required  to  prevent  the -'"-•  —     " 

forcilile  interposition  of  any  of  the  States  of  Europe  in  the 
political  affairs  of  that  Republic. 

Betohed  further,  That  the  President  of  the  United  States 
be  requested  to  cause  to  be  communicat*  d  to  the  govern 
ment  (.f  Mexico  the  views  now  expressed  by  the  two  Houses 
of  Congress,  and  be  further  requested  to  cause  to  be  nego 
tiated  sucli  treaty  or  treaties  between  the  two  Republicsas 
will  best  tend  to  make  these  views  elfective. 


1863,  February  4 — The  resolutions  were,  on 
motion  of  Mr.  SUMNER,  laid  on  the  table — yeas 
34,  nays  1.0,  as  follows  : 

YEAS— Messrs.  Anthony,  Arnold,  Oarlik,  Chandler,  Clark> 
Collamer.  Cowan,  Davts,  Dixon,  Doolittle,  Fessenden, 
Foo%  Foster.  Grimes,  Hale,  Harding,  Harlau,  Harris,  Hen 
derson,  Howard,  Howe,  King,  Lane  of  India-ia,  Lane  of  Kan 
sas,  Morrill,  Pomeroy,  Sherma  ,,Sumner,  Ten  Eyck,  Wade, 
Wilkinson.  Wilmot,  Wilson  of  Massachusetts— 3i. 

N*YS  Messrs.  Kennedy.  Latham.  McDauffall,  Powell, 
Rice.  Richardson,  Saulsbury,  Trumbull,  Turpie,  Wilson  of 
Missouri— .0. 

First  Session,  Thirty-Eighth  Congress. 
IN   SENATE. 

1864,  Jan.    11 — Mr.   McDouGALL  offered  this 
joint    reso'ution,   which    was    referred    to    the 
Committee  on  Foreign  Relations  : 

IN  RELATION  TO  TQK  OCCUPATION  OF  MEXICO. 

Resolved,  <£c.,  That  the  occupation  of  a  portion  of  the 
territory  of  the  Republic  of  Mexico  by  the  armed  forces  of 
the  government  of  France,  with  the  purposes  avowed  by 
the  government  of  France,  is  an  act  unfriendly  to  the  Re 
public  of  the  United  States  of  America. 

S::c.  2.  And  lie  it  further  resolved,  That  it  is  the  duty  of 
the  proper  department  of  this  Government  to  demand  of 
the  government  of  France  the  withdrawal  of  her  armed 
forces  from  the  Mexican  territory  within  a  reasonable 
time. 

See.  3.  And  l/e  it  further  resolved,  That  in  the  event  the 
government  of  France  shall  decline  or  refuse  to  so  with 
draw  her  armed  forces,  or  shall  fail  to  take  measures  to 
that  effect,  on  or  before  the  fifteenth  day  of  March  next, 
then  it  will  become  the  duty  of  the  Congress  of  the  United 
States  of  America  to  declare  war  against  the  government 
of  France. 

June  14 — Mr.  McDouGALL  sought  to  intro 
duce  this  resolution,  but  objection  was  made  : 

Resolved,  That  the  people  of  the  United  States  can  never 
regard  with  indifference  the  attempt  of  any  foreign  power 
to  overthrow  by  force  or  to  supplant  by  fraud  the  institu 
tions  of  any  republican  government  on  the  western  conti 
nent,  and  that  they  will  view  with  extreme  jealousy,  as 
menacing  to  the  peace  and  independence  of  their  own 
country,  the  efforts  of  any  such  power  to  obtain  any  footholds 
for  monarchical  Governments  sustained  by  foreign  military 
force  in  near  proximity  to  the  United  States. 

IN  HOUSE. 

1864,  April  4— Mr.  H.  WINTER  DAVIS,  from 
the  Committee  on  Foreign  Affairs,  reported  to 
the.  House  cf  Representatives  the  following 
joint  resolv.iion,  which  was  passed — yeas  109, 
nays  none,  as  follows  : 

YEAS— Messrs.  James  O.  Allen,  William  J.  Allen,  Alley, 
Allison.  Ames,  Ancona,  Anderson,  Arnold,  Ashley,  Baily, 
Augustus  <\  Jinldwin,  John  D.  Br»  dwin,  Baxter,  Bcainan, 
nia'inc,  Francis  P.  Blair,  jr.,  Lli.s,  Blow.  Boutwell,  Boyd, 
Brook.*,  Broomnll,  James  S.  Lrr^n,  William  G.  Brown, 
di'tanlfr,  Ambrose  W.  C)»r>_,  f  to,/,  Cobb,  Cole,  Cox,  Ci-awns, 
Crcswell,  Henry  Winder  *)«>  , if,  Tnomas  T.  Davis,  Dawson, 
Di'.nison.  Dixon,  I/ri^fr ,  ^o'^out,  Eckley,  JZlen,  Eldridye, 
Eliot,  English,  F'a*  a  f tn'Jt,  Frank,  OatUOtt,  Gar  field, 
Gooch,  Grider,Qnr>- .*>'.'..  '/rwwoM,  Hale,  Harding,  Harring- 


Washburne,   William    B.   Washburn,    Webster,    Whal-y 
Wheeler,  Chilton  A.    White,  Joseph    W    White,  Williams. 
Wilder,  Wilson,  Windom,  Winfield,  Benjamin  Wood,  WoooV 
bridge,  Yea  man — 109. 
NAYS — None. 

The  resolution  is  as  follows : 

Relative  to  the  substitution  of  mouitrchial  for  republUmi* 

Government  in  Mexico,  under  European  auspices 
Resolved,  (£•€.,  That  the  Congress  >>t  the  United  States  itre 
unwilling,  by  silence,  to  leave  tl«r  u.itious  of  the  world 
under  the  impression  that  they  arc  ir.oiffcrent  spectator  i>t 
the  deplorable  events  now  transpiring  in  the  llepubli.  >l 
Mexico;  and  they  therefore  think  tit  to  declare  that  it  >••**• 
not  accord  with  the  policy  of  the  United  States  to  ackin-wk- 
edge  a  monarchical  government  erected  on  the  ruin.-  of 
any  republican  government  in  America,  under  the  auspice* 
of  any  European  power. 

IN  SENATB. 

1864,  April  5 — The  resolution  was  referred 
to  the  Committee  on  Foreign  Relations,  and  it 
remained  unreported  at  the  close  of  the  session- 
April  27 — Mr.  McDouQALL  offered  a  res<>lu 
tion  that  the  Committee  on  Foreign  Relations 
be  instructed  to  report  t,o  the  Senate  the  joint 
resolution  printed  above 

May  28 — Mr.  McDouoAi.L  offered  a  resolution, 
that  the  committee  be  discharged  from  the  sub 
ject,  both  of  which  went  over 
IN  HOUSE. 

May  23— Mr.  H.  W.  DAVIS  offered  this  reso 
lution,  which  was  agreed  to  without  a  division  : 

Whereas  the  following  announcement  appeared  id   to* 
Moniteur,  the  official  journal  of  the  French  Government . 
Le     gouvernement     dw        •'  The   Emperor's  G« 


uient  has  received  from  that 
of  the  United  States  satisfac 
tory  explanations  as  to  the 
sense  and  bearing  of  the  res 
olution  come  toby  the  il 


"It  is  known,  beside*  that 
the  Senate  had  indefinitely 
postponed  the  examination. 
of  that  question,  to  which 
in  any  case  the  exm:utive 
power  would  not  have  giveu 
its  sanction." 


gouvernement 
1'Empereur  a  re9U  du  gou- 
vernomeut  des  Etats-Unia 
des  explications  satisfai- 
santes  sur  le  sens  et  la  portee 
de  la  resolution  prise  par 

1'assemblee  des  representans     of  Representatives  at  Wash 
a  Washington,  au  sujet  des     ingtou  relative  to  Me.\u;o. 
affairs  du  Mexico. 

"On  sait,  d'ailleurs,  que 
le  Sunat  avait  deja  ajourue 
indefinement  1'examen  de 
cctte  resolution,  a  laqueile, 
dans  tons  les  cas,  le  pouvoir 
executif  n'efit  point  accorde 
sa  sanction." — Moniteur 

Therefore, 

Resolved,  That  the  President  be  requested  to  communi 
cate  to  this  House,  if  not  inconsistent  with  the  puMic  in 
terest,  any  explanations  given  by  the  Government  >,1  the 
United  States  to  the  Government  of  France  respecting  the 
sense  and  bearing  of  the  joint  resolution  relative  to  Mexico, 
which  passed  the  House  of  Representatives  unanimously 
on  the  4th  of  April,  1864. 

May  24 — The  PRESIDENT  transmitted  the  fol 
lowing  correspondence,  communicated  b)  the 
Secretary  of  State,  in  response  to  the  resolution 
of  the  House  : 

MR.  SEWARD'S  LETTER  ro  MR.  DAYTON,  DATED  DEPAKTMKNT 
OF  STATE,  WASHINGTON,  APRIL  7, 1864. 

I  send  you  a  copy  ->f  a  resolution  which  passed  the  llous* 
of  Representatives  on  the  4th  instant,  by  a  nnanimouH  vote, 
and  which  declares  the  opposition  of  that  body  to  a  recog 
nition  of  a  monarchy  in  Mexico.  M.  Geofrcy  has  i<«t  no 
time  in  asking  for  an  explanation  of  this  proceeding 

It  is  hardly  necessary,  after  what  I  have  heretofoit-  writ 
ten  with  perfect  candor  for  the  informatioL  of  France,  to 


350 


OUR    FOREIGN    RELATIONS. 


«ay  that  this  resolution  truly  interprets  the  unanimous  sen 
timent  of  the  people  of  the  United  States  in  regard  to  Mex 
ico.  It  is,  however,  another  and  distinct  question  whether 
the  United  States  would  think  it  necessary  or  proper  to 
express  themselves  in  the  form  adopted  by  the  House  of 


Representative*  at  th 

Executive  question, 


time.    This  is  a  practical  and  purely 
id  the  decision  of  its  constitutionality 


belongs  not  to  the  House  of  Representatives,  nor  even  to 
Congress,  but  to  the  President  of  the  United  States.  You 
will,  of  course,  take  notice  that  the  declaration  made  by  the 
House  of  Representatives  is  in  the  form  of  a  joint  resolution, 
which,  before  it  can  acquire  the  character  of  a  legislative 
act,  must  receive,  first,  the  concurrence  of  the  Senate,  and, 
secondly,  the  approval  of  the  President  of  the  United  States; 
or,  in  case  of  his  dissent,  the  renewed  assent  of  both  houses 
of  Congress,  to  be  expressed  by  a  majority  of  two-thirds  of 
each  body.  While  the  President  receives  the  declaration  of 
the  House  of  Representatives  with  the  profound  respect  to 
which  it  is  entitled,  as  an  exposition  of  its  sentiments  upon 
a  grave  and  important  subject,  he  directs  that  you  inform 
the  Government  of  France  that  ho  does  not  at  present  con 
template  any  departure  from  the  policy  which  this  Govern 
ment  has  hitherto  pursued  in  regard  to  the  war  which  ex 
ists  between  France  and  Mexico.  It  is  hardly  necessary  to 
say  that  the  proceeding  of  the  House  of  Representatives  was 
adopted  upon  suggestions  arising  within  itself,  and  not  upon 
any  communication  of  the  Executive  department;  and  that 
the  French  Government  would  be  seasonably  apprised  of 
any  change  of  policy  upon  this  subject  which  the  President 
might  at  any  future  time  think  it  proper  to  adopt. 

MR.  DAYTON'S  LETTER,  DATED  PARIS,  APRIL  22, 1864. 
SIR  :  I  visited  M.  Drouyn  do  1'IIuys  yesterday  at  the  de 
partment  of  foreign  affairs.     The  first  words  he  addressed 


cerning  Mexico,  as  you  have  reported  it,  is  entirely  approved. 
The  resolution  yet  remains  unacted  upon  in  the  Senate. 

Mr.  Corwin  was  to  leave  Vera  Cruz  on  the  3d  instant  un 
der  the  leave  of  absence  granted  to  him  by  this  department 
on  the  8th  of  August  last. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  your 
di-patch  of  May  2,  (No.  461,)  and  to  approve  of  your  pro 
ceedings  therein  mentioned.  We  learn  that  Mr.  Corwiu, 
our  minister  plenipotentiary  to  Mexico,  is  at  Havana,  on 
his  return  to  the  United  States,  under  leave  of  absence. 

June  4 — Mr.  DAVIS,  of  Maryland,  asked 
unanimous  consent  to  make  a  written  report 
from  the  Committee  on  Foreign  Affairs,  in  re 
sponse  to  the  above  message  of  the  President. 
Mr.  BROOM  ALL  objected. 

June  6 — He  asked  consent,  and  Mr.  ARNOLD 
objected.  He  then  moved  to  suspend  the  rules, 
which  was  rejected — yeas  43,  nays  55,  (two 
thirds  being  required, )  as  follows  : 

YEAS — Messrs.  Allison,  Ancona,  Augustus  C.  Bahhoin, 
Cox,  Henry  Winter  Davis,  Dawxon,  Edf,n,  Edgerton,  Eldndgf*, 
Fmclc,  Ganson,  Garfield,  Gridcr,  Griswold,  Harding,  Har 
rington,  Charles  M.  Harris,  Herrick,  Holman,Jcnck<'S,  King, 
Knapp.  Lazear,  Le  Blond,  Long,  Mallori/,  Mara/,  J/imes  R. 
Morn's,  Morrison,  Noble,  Oddl,  Orth,  Pendleton,  Perry, 
Robinson,  Rots,  Scott,  Spalding,  Stroufe,  Sweat,  Wadsu'oriti. 
ClnltonA.  White,  Joseph  W.  White — 13. 

NAYS — Messrs.  Alley,  Ames,  Arnold,  Buily,  John  D.  Bald 
win,  Beaman,  Blaine,  Jacob  B.  Blair,  Droomall,  Ambrose 
W.  Clark,  Freeman  Clarke,  Cobb,  Coffroth,  Cole,  Thomas  T. 
Davis,  Dawes.  Dixon,  Donnelly,  Driggs,  Eliot,  Farnsworth, 


lately  to   those  resolutions  '  Longyear,  Marvin,  Samuel  F.  Miller,  Moorhead.  Daniel '.'. 
reference  to  the  invasion  of  '  ris,  Amos  Myers,  Charles  O'Neill,  Patterson,  Perham,  Pr 


Alexander  H.  Rice,  John  II.  Hire.  Edward  II.  Rollins',  Shan 
non,  Smithers,  Thayer,  Tracy,  Upson,  Ellihu  B.  Washburne, 
William  B.  Wa-shburn,  Whaley,  Wilson,  Windom — 55. 

June  27 — Mr.  DAVIS  made  this  report,  which 


to  me,  on  entering  the  room,  were:  "  Do  you  bring  us  peace,  I  Fenton,  Frank,  Gooch,  Grinnell,  Hale,  Hotchkias,  John  II. 
or  bring  us  war?"     I  asked  him  to  what  he  referred,  and  he  j  Hubbard,  Ingersoll,  Kelley,  Orlando  Kellogg,   Littlejohn, 
said  he  referred  more    immedii 
recently  passed  by  Congress  in  r 

Mexico  by  the  French,  and  the  establishment  of  Maximili; 
upon  the  throne  of  that  country.     I  said  to  him,  in  reply, 
that  I  did  not  think  France  had  a  right  to  infer  that  we 
were  about  to  make  war  against  her  on  account  of  anything 
contained  in  those  resolutions;  that  they  embodied  nothing  ; 

more  than  had  been  constantly  held  out  to  the  French  j  was  Ordered  to  be  printed^: 
government  from  the  beginning;  that  I  had  always  repre-  '  The  Committee  on  Foreign  Affairs  have  examined  the 
eented  to  the  government  here  that  any  action  upon  their  !  correspondence  submitted  by  the  President  relative  to  the 
part  interfering  with  the  form  of  government  in  Mexico  !  joint  resolution  on  Mexican  affairs  with  the  profound  re- 
would  bo  looked  upon  with  dissatisfaction  in  our  country,  I  spect  to  which  it  is  entitled,  because  of  the  gravity  of  its 
and  they  could  not  expect  us  to  bo  in  haste  to  acknowledge  subject  and  the  distinguished  source  from  which  it  eman- 
a  monarchical  government,  built  upon  the  foundations  of  a  ated. 

republic  which  was  our  next  neighbor;  that  I  had  reason  !  They  regret  that  the  President  should  have  so  widely 
to  believe  you  held  the  same  language  to  the  French  Min-  departed  from  the  usage  of  constitutional  governments  as 
ister  in  the  United  States.  This  allegation  he  did  not  seem  |  to  make  a  pending  resolution  of  so  grave  and  <leli<-;it<  .1 
to  deny,  but  obviously  viewed  the  resolutions  in  question  character  the  subject  of  diplomatic  explanations.  They  n- 
as  a  serious  step  upon  our  part;  and  I  am  told  that  the  j  gret  still  more  that  the  President  should  have  thought 
leading  secessionists  here  build  largely  upon  these  resolutions  !  proper  to  inform  a  foreign  government  of  u  radical  ami  se 
as  a  means  of  fomenting  ill-feeling  between  this  country  and  rious  conflict  of  opinion  and  jurisdiction  between  the  de- 
some  others  and  ourselves.  Mr.  Mason  and  his  secretary  positories  of  the  legislative  and  executive  power  of  the 
have  gone  to  Brussels  to  confer  with  Mr.  Dudley  Mann,  j  United  States. 

who  is  their  commissioner  at  that  place.  Mr.  Slidcll,  it  is  !  No  expression  of  deference  can  make  the  denial  of  the 
«nid,  was  to  have  gone  to  Austria,  although  he  has  not  yet  [  right  of  Congress  constitutionally  to  do  what  the  Hou-r 


got  off. 

SECOND  LETTER  FROM  MR.  DAYTOX.  PARIS,  MAY  2, 1864,  BEING 

ix  REPLY  TO  MR.  SEWARD'S  OF  APRIL  7. 
SIR  :  Immediately  upon  the  receipt  of  your  dispatch  No. 
-525,  I  applied  to  M.  Drouyn  de  1  Iluys  for  a  special  inter 
view,  which  was  granted  for  Saturday  last.  I  then  said  1  hat 
I  knew  that  the  French  government  had  felt  some  anxiety 
in  respect  to  the  resolution  which  had  recently  been  passed 
by  the  House  of  Representatives,  in  reference  to  Mexico; 
and  inasmuch  as  I  had  just  received  a  copy  of  that  resolu 
tion,  together  with  the  views  of  the  President  of  the  United 
States,  I  begged,  if  agreeable,  to  road  to  him  your  dispatch 


did  with  absolute  unanimity,  other  than  derogatory  to  their 
dignity. 

They  learn  with  surprise  that,  in  the  opinion  of  the  Pres 
ident,  the  form  and  term  of  expressing  the  judgment  of  the 
United  States  on  recognizing  a  monarchical  government  im 
posed  on  a  neighboring  republic  is  a  ''purely  executive 
question,  and  the  decision  of  it  constitutionally  belongs  not 
to  the  House  of  Representatives,  nor  even  to  Congress,  but 
to  the  President  of  the  United  States." 

This  assumption  is  equally  novel  and  inadmissible  No 
President  has  ever  claimed  such  an  exclusive  authority. 
No  Congress  cau  ever  permit  its  expression  to  pass  without 
dissent. 


in  reference  to  the  latter.     To  this  he  assented,  and  as  the  j      It  is  certain  that  the  Constitution  nowhere  confers  such 

shortest  and  most  satisfactory  mode,  following  out  my  in-  i  authority  on  the  President. 

si  ructions,  I  read  to  him  that  entire  portion  of  your  dispatch  '      The  precedents  of  recognition,  .sufficiently  numerous  in 

which  npplie.i  to  this  subject, stating,  at  the  same  time,  that  '  this  revolutionary  era,  do  not  countenance  this  view;  and 

I  thought  it  was  a  remarkable  illustration  of  the  frankness     if  there  be  one  not  inconsistent  with  it,  the  committee  have 

and  straightforwardness  of  the  President.     When  the  read-  I  not  found  it. 

iug  was  closed.  M.  Drouyn  de  1'Hiiys  expressed  his  gratifl-  j      All  questions  of  recognition  have  heretofore  been  debated 

cation,  and  after  asking  some  questions  in  regard  to  the  |  and  considered  as  grave  questions  of  national  policy,  on 

effect  of -laying  a  resolution  upon  the  table  in  the  Senate,     which  the  will  of  the  people  should  be  expressed  in  Congre.1' 


the  conversation  terminated. 

The  extreme  sensitiveness  which  was  manifested  by  this 
government  when  the  resolution  of  the  House  of  Represen 
tatives  was  first  brought  to  its  knowledge  has,  to  a  consider 
able  extent,  at  least,  subsided. 


Mr.  SE  WARD'S  responses  of  May  9  and  May  21  : 


assembled;  and  the  President,  as  the  proper  medium  of  for 
eign  intercourse,  lias  executed  that  will.  If  he  has  ever 
anticipated  its  expression,  we  have  not  found  the  case. 

The  declaration  and  establishment  of  the  independence 
of  the  Spanish  American  colonies  first  brought  the  question 
>f  recognition  of  new  governments  or  nations  before 


Government  of  the  United  States;  and  the  precedents  then 
.     set  have  been  followed  ever  since,  even  by  the  present  Ad- 


SIR.  Your  dispatch  of  April  22  (No.  454)  has  been  received. 
What  you  have  said  to  M.  Drouyn  de  Hluys  on  the  sul>-  !  ministration, 
ject  of  the  resolution  of  the  House  of  Representatives  con-  j      The  correspondence  now  before  us  is  the  first  attempt  to 


OUR    FOREIGN    RELATIONS. 


depart  from  that  usage,  nnd  deny  the  nation  a  controlling 
cMiberative  voice  in  regulating  its  foreign  policy. 

The  following  are  the  chief  precedents  on  recognition  of 
new  governments,  and  the  policy  of  the  United  States  Gov 
ernment  on  that  topic : 

On  the  9th  of  February,  1821,  Henry  Clay  moved  in  the 
House  of  Representatives  to  amend  the  appropriation  hill 
l>y  the  following  clause  : 

'•For  an  outfit,  and  one  year's  salary,  to  such  ministeras  the 
President,  hy  and  with  the  consent  of  the  Senate,  may  send 
to  any  government  of Sjuth  America,  which  has  established 
and  is  maintaining  its  independency  on  Spain,  a  sum  not 
exceeding  $18,000.''  It  failed. 

On  the  10th  of  February,  ho  moved  that  the  House  of 
Representatives  participates  with  the  people  of  the  United 
States  in  the  deep  interest  which  they  feel  for  the  success 
of  the  Spanish  provinces  of  South  America,  which  are  strug 
gling  for  their  liberty  and  independence,  and  that  it  will 
give  its  constitutional  support  to  the  President  of  the  United 
States  whenever  lie  may  deem  it  expedient  to  recognize 
the  sovereignty  and  independence  of  any  of  the  said 
provinces. 

A  motion  to  amend  by  the  proviso  "  that  this  resolution 
shall  not  be  construed  to  interfere  with  the  independent 
•exercise  of  the  treaty-making  power,"  and  another,  "  that 
the  House  approves  of  the  course  heretofore  pursued  by  the 
President  of  the  United  States  with  regard  to  the  said 
provinces,''  were  negatived. 

The  resolution  was  adopted,  and  a  committee  appointed 
to  lay  it  before  President  Monroe. 

The  committee,  on  the  17th  February,  reported — 

"That  the  President  assured  the  committee  that,  in  coin-  | 
mou  with  the  people  of  the  United  States  and  the  House  of  j 
Representatives,  lie  felt  great  interest  in  the  success  of  the 
provinces  of  Spanish  America,  which  are  struggling  to  es 
tablish  their  freedom  and  independence,  and  that  he  would 
take  the  resolution  into  deliberate  consideration,  with  the 
most  perfect  respect  for  the  distinguished  body  from  which 
it  had  emanated." 

So  the  House  of  Representatives  took  the  initiative  to 
wards  recognizing  the  new  republics.  The  amendment  to  the 
appropriation  bill  would  have  been  a  legislative  recognition. 
The  resolution  was  a  formal  statement  of  the  opinion  of  the 
House  to  the  President,  which  he  did  not  think  beyond 
their  constitutional  authority. 

At  the  first  session  of  the  next  Congress  the  House  of 
Representatives,  on  motion  of  Mr.  Nelson,  of  Virginia,  re 
solved — : 

"  That  the  President  of  the  United  States  be  requested 
to  lay  before  this  House  such  communications  as  may  bo  in 
the  possession  of  the  Executive,  from  the  agents  of  the 
United  States  with  the  governments  south  of  the  United 
States,  which  have  declared  their  independence,  and  the 
communications  from  the  agents  of  such  governments  in 
the  United  States  with  the  Secretary  of  State,  as  tend  to 
show  the  political  condition  of  those  governments,  and  th'e 
state  of  the  war  between  them  and  Spain,  as  it  may  be  con 
sistent  with  the  public  interest  to  communicate." 

President  Monroe  answered  the  application  on  the  8th 
of  March  in  an  elaborate  message,  of  which  the  following 
extracts  sufficiently  show  that  he  did  not  think  recogni 
tion  "a  purely  executive  question,"  and  that  the  decision 
of  it  constitutionally  belongs,  "  not  to  the  House  of  Rep 
resentatives,  nor  even  to  Congress,  but  to  the  President  of 
the  United  States  :" 

"In  transmitting  to  the  House  of  Representatives  the 
documents  called  for  by  the  resolution  of  that  House  of 
January,  I  consider  it  my  duty  to  incite  the  attention  of 
Omr/rfjM  to  a  very  important  subject,  and  to  communicate 
the  sentiments  of  the  Executive  on  it ;  that  should  Con 
gress  entertain  similar  sentiments,  there  may  be  such  co 
operation  between  the  two  departments  of  the  Government 
as  their  respective  rights  and  duties  may  require." 

"  This  contest  has  now  reached  such  a  stage,  and  been 
attended  witli  such  decisive  success  on  the  part  of  the 
provinces,  that  it  merits  the  most  profound  consideration, 
whether  their  right  to  the  rank  of  independent  nations, 
with  all  the  advantage  incident  to  it  in  their  intercourse 
with  the  United  States,  is  not  complete." 

After  narrating  the  events,  he  proceeds : 

"  When  the  result  of  such  a  contest  is  manifestly  settled, 
thy  new  governments  have  a  claim  to  recognition  by  other 
powers  which  ought  not  to  he  resisted." 

••  When  we  regard,  then,  the  great  length  of  time  which 
the  war  has  been  prosecuted,  the  complete  success  which 
lias  attended  it  in  favor  of  the  provinces,  the  present  con 
dition  of  the  parties,  and  the  utter  inability  of  Spain  to 
prndii'-e  any  change  in  it,  we  are  compelled  to  conclude 
that  ita  fate  is  settled,  and  that  the  provinces  which  have 
declared  their  independence,  and  are  in  the  enjoyment  of  it, 
c.nulit  to  be  recognized." 

-  In  proposing  tfiis  measure,  it  is  not  contemplated  to 
shange  thereby  in  the  slightest  manner  our  friendly  rela 
tion^  with  either  of  the  parties." 


"  The  measure  is  proposed  under  a  thorough  conviction 
that  it  is  in  strict  accord  with  the  law  of  nations,  and  that 
the  United  States  owe  it  to  their  position  and  character  in 
the  world,  as  well  as  to  their  essential  interests,  to  adopt  it.'' 

"  Should  Congress  concur  in  the  view  herein  presorted, 
they  will  doubtless  see  the  propriety  of  making  the  neces 
sary  appropriations  for  carrying  it  into  effect." 

It  is  quite  apparent  that  President  Monroe  was  far  from 
countenancing  the  opinion  that  the  form  and  time  in  which 
the  United  States  would  think  it  necessary  to  express 
themselves  on  the  policy  of  the  recognition  is  a  purely 
executive  question,  and  that  Iw3  did  not  think  the  decision  of 
it  constitutionally  belongs  not  to  the  House  of  Representa 
tives,  nor  even  to  Congress,  but  to  the  President  of  the- 
United  States,  to  the  exclusion  of  Congress.  Had  he  so 
thought,  he  would  have  refused  the  production  of  the  papers, 
as  President  Washington  did  the  diplomatic  instructions 
relative  to  the  English  treaty. 

He  would  have  announced  his  purpose  to  recognize  the 
republics,  and  left  it  to  Congress  to  provide  for  diplomatic 
intercourse  with  them. 

Far  from  that,  he  proposes  for  their  consideration  the 
policy  of  recognition ;  and,  if  they  concur  in  that,  asks 
them  to  make  the  necessary  appropriations  to  carry  it  into 
effect. 

He  consulted  the  will  of  the  nation  at  the  mouth  of  Con 
gress,  and  proposed  to  concur  in  its  execution. 

So  Congress  understood  him,  for  the  papers  and  message 
were  referred  to  the  Committee  on  Foreign  Affairs.  That 
committee  considered,  in  an  elaborate  report,  the  question 
of  independence  of  the  republics,  the  policy  and  principles 
involved  in  their  recognition,  and  on  the  19th  of  March, 
1822,  they  submitted  it  to  the  House.  It  concluded  as  fol- 
follows: 

"Your  committee  having  thus  considered  the  subject  re 
ferred  to  them  in  all  its  aspects,  are  unanimously  of  opin 
ion  that  it  is  just  and  expedient  to  acknow4edge  the  inde 
pendence  of  the  several  nations  of  Spanish  America  without 
any  reference  to  the  diversity  in  the  form  of  their  govern 
ments;  and  in  accordance  with  this  opinion  they  respect 
fully  submit  the  following  resolutions: 

"Resolred,  That  the  House  of  Representatives  concur  in 
the  opinion  expressed  by  the  President  in  his  message  of  the 
8th  of  March,  1S22,  that  the  American  provinces  of  Spain 
which  have  declared  their  independence,  and  are  in  the  en 
joyment  of  it,  ought  to  be  recognized  by  the  United  States  as 
independent  nations. 

'•'•Resolved,  That  the  Committee  of  Ways  and  Means  bo 
instructed  to  report  a  bill  appropriating  a  sum  not  exceed 
ing  $100,000  to  enable  the  President  to  give  due  effect  to  such 
recognition." 

It  is,  therefore,  equally  apparent  that  the  House  of  Rep 
resentatives  of  the  17th  Congress  was  clearly  of  opinion 
with  President  Monroe  that  the  question  of  recognition  WHS 
not  purely  executive,  but  that  it  constitutionally  belongs  to 
Congress  as  well  as  to  the  President;  that  the  Legislature 
declares  the  will  of  the  United  States,  which  the  Executive 
gives  effect  to — each  concurring  in  the  act  of  recognition 
according  to  their  respective  constitutional  functions. 

In  obedience  to  that  resolution  the  following  bill,  recog 
nizing  the  new  nation,  was  reported  and  passed  and  ap 
proved  on  the  4th  of  May,  1862 : 

"That  for  such  missions  to  the  independent  nations  on  the 
American  continent  as  the  President  may  deem  proper,  there 
be,  and  hereby  is,  appropriated  a  sum  not  exceeding  $100,000, 
to  bo  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated." 

The  approval  of  that  law  completed  the  recognition  of 
the  new  nations.  The  sending  ministers  to  some  or  all  of 
them  was  a  matter  of  executive  discretion,  not  at  all  essen 
tial  to  or  connected  with  the  fact  of  recognition.  Ministers 
were  appointed  to  Mexico,  Colombia,  Buenos  Ayres,  ami 
Chili,  on  the  27th  of  January,  182o.  None  was  appointed 
to  Peru  till  May,  1826;  yet  it  is  certain  Peru  was  an  much 
recognized  by  the  United  States  as  the  other  governments 
from  the  4th  of  May,  1822. 

This  great  precedent  has  governed  all  that  follow  it. 

The  acknowledgment  of  the  independence  of  Texas 
stands  next  in  our  history.  It  is  a  most  instructive  prece 
dent,  strictly  following  the  forms  observed  respecting  the 
governments  of  Spanish  America. 

On  the  18th  of  June,  1836,  on  the  motion  of  Henry  Clay, 
the  Senate  adopted  the  resolution — 

"  That  the  independence  of  Texas  ought  to  be  acknowl 
edged  by  the  United  States  whenever  satisfactory  informa 
tion  shall  bo  received  that  it  has  in  successful  operation  a 
civil  government  capable  of  performing  the  duties  and  ful 
filling  the  obligations  of  an  independent  power.'' 

The  House  of  Representatives,  on  the  4th  of  July.  1S.",6. 
adopted  a  resolution  in  the  same  words;  and  added  a 
second : 

"That  the  House  of  Representatives  perceive  with  satis 
faction  that  the  President  of  the  United  States  has  adopted 
measures  to  ascertain  the  political,  military,  and  civil  con- 


352 


OUH    FOREIGN   RELATIONS. 


dition  of  Texas." — (Congressional  Globe,  1st  session  24th 
Congress,  pp.  453,  486.) 
Tuose  resolutions  wore  not  formal  acknowledgments  of  a 

government  of  Texas  ;  the  report  of  the  Senate  Committee 
-  Lowed  the  circumstances  were  not  sufficiently  known: 
a  :d  both  Senate  and  House  awaited  further  information  at 
the  bands  of  the  1'resident. 

On  the  2d  December,  while  communicating  the  iufurma-  { 
lio:i,  President  Jackson  accepted  the  occasion  to  express  to 
Congress  bis  opinion  on  the  subject.    The  following 
ges  are  very  instructive,  touching  the    authority  to   recog- 
nisse  new  States  : 

•'  Nor  has  any  deliberative  inquiry  ever  been  instituted  in  i 
Congress,  or  in  any  of  our  legislative  bodies,  as  to  whom  j 
belonged  the  power  of  recognizing  a  new  State  ;  a  power, 
tho  exercise  of  which  is  equivalent,  under  sumo  circum 
stances,  to  a  declaration  of  war ;  a  power  nowhere  ex- 
p.-essiy  delegated,  and  only  granted  in  Hie  Constitution, as 
it  is  necessarily  hn  olved  in  some  of  the  great  powers  given 
to  Congress,  in  that  given  to  the  President  and  Senate  to 
form  treaties  and  to  appoint  ambassadors  and  other  p;iblic 
ministers,  and  in  that  conferred  oa  the  President  to  receive 
ministers  from  foreign  nations." 

"  In  the  preamble  to  the  resolution  of  the  House  of  Rep-  j 
resentatives,  it  is  distinctly  intimated  that  the  expediency  ' 
of  recognizing  the  independence  of  Texas  should  be  left  to 
Hie  decision  of  Congress.     Jn  this  view,  on  the  ground  of  ex-  i 
pediency,  I  am  disposed  to  concur;  and  do  not,  therefore, 
think  it  necessary  to  express  any  opinion  a-  to  the  strict  | 
constitutional  right  of  the  Executive,  either  apart  from,  or  | 
in  conjunction  with,  the  Senate  over  the  subject.     It  is  to  , 
be.  presumed  that  on  tin  future,  occasion  will  a  dispute  arise, 
as  mine  has  heretofore  occurred,  between  the  Executive  and  ' 
Legislature  in  the  exercize,  of  the  power  of  recognition.    It  j 
will  silways  be  considered  conxistent  with  the  spirit  of  the 
ConstituttCTl  and  mrtst  safe  that  it  should  be  exercised,  when  \ 
probably   leading  to  war,  with  a  previous    understanding 
with  that  ;>«'dy  by  whom  war  can  alone  be  declared,  and  by 
whom  all  the  provisions  for  sustaining  its  perils  must  be  j 
furnished.     Its  submission  to  Congress,  which  represents  in  • 
one  of  its  branches  the  States  of  this  Union,  and  in  the  other 
the;  people  of  the  United  State.*,  where  there  may  be  reason-  j 
able  ground  to  apprehend  so  grave  a  consequence,  would  ! 
certainly  afford  tho  fullest  satisfaction  to  our  own  country, 
and  a  perfect  guarantee,  to  all  other  countries,  of  the  justice  . 
ami  prudence  of  the  measures  which  ought  to  be  adopted."  • 

Alter  forcibly  stating  why  he  thought  •'  we  should  still 
stand  aloof,"  he  closed  witli  the  following  declaration  : 

''  Having  thus  discharged  my  duty,  by  presenting  with 
simplicity  and  directness  the  views  which,  after  much  re-  i 
flection,  I  have  been  led  to  take  of  this  important  subject,  I  j 
have  only  to  add  the  expression  of  my  confidence  that  if  i 
Congress  should  differ  with  me  upon  it,  their  judgment  will  ' 
be  the  result  of  dispassionate,  prudent,  and  wise  delibera-  j 
tion  ;  with  the  assurance  that,  during  tho  short  time  which  I 
I  shall  continue  connected  with  the  Government,  I  shall 
promptly  and  cordially  unite  with  you  in  such  measures  as 
may  be  deemed  best  fitted  to  increiise  the  prosperity  and 
perpetuate  the  peace  of  our  favored  country." 

The  concurrent  resolutions  of  the  Senate  and  House  of 
Representatives,  and  that  message  of  President  .Jackson, 
leave  no  doubt  that  the  views  which  presided  over  the  re 
cognition  of  the  South  American  Governments  still  pre 
vailed,  and  that  the  President  was  as  far  from  asserting  as 
Congress  from  admitting  that  the  recognition  of  new  na 
tions  and  the  foreign  policy  of  the  United  States  is  a  purely 
Executive  question. 

The  independence  of  Texas  was  finally  recognized  in  pur 
suance  of  the  following  enactment  in  the  appropriation  bill 
of  the  second  session  of  the  Twenty-Fourth  Congress  which 
appropriates  money — 

"For  the  outfit  and  salary  of  a  diplomatic  agent  to  be 
cent  to  the  republic  of  Te.ras,  whenever  the  President  of  the 
United  States  may  receive  satisfactory  evidence  that  Texas 
is  an  Independent  power,  and  shall  deem  it  expedient  to 
appoint  such  minister." 

That  law  was  approved  by  President  Jackson. 

Not  only  is  this  exclusive  assumption  without  counte 
nance  in  the  early  history  of  the  Republic,  but  it  is  irrecon 
cilable  with  the  most  solemn  acts  of  the  present  Administra 
tion.  The  independence  of  Hayti  is  nearly  as  old  as  that 
of  the  United  States ;  it  antedated  that  of  tho  South  Amer 
ican  republics,  and  the  republic  of  Liberia  has  long  been 
rocogni/,ed"b  y  European  nations.  Both  were  first  recognized 
by  act  of  Congress,  approved  by  President  Lincoln  on  the 
6th  of  July.  ISG'2,  wh^h  enacted— 

"That  the  President  of  the  United  States  be,  and  he  is 
hereby,  authorized,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  appoint  diplomatic  representatives  of  the 
United  States  to  the  rt'iniblics  of  Hayti  and  Liberia  respect 
ively.  Each  of  the  representatives  so  appointed  shall  be 
accredited  as  commissioner  and  consul  general,  and  shall 
receive  the  compensation  of  commissioners,"  &c.,  &c. 

That  was  a  formal  recognition  of  those  republics  by  law, 


L>,p< 

- 1  J" 


whether  the  President  sent  diplomatic  representatires  01 
not. 

Quite  in  the  spirit  of  these  precedents  is  the  well-consid 
ered  language  of  the  Supreme  Court: 

"  Those  questions  which  respect  the  rights  of  a  part  of  a 
foreign  empire'  which  assorts  and  is  contending  for  its  in 
dependence,  belong  more  properly  to  those  who  can  declare 
what  the  law  shall  be,  who  can  place  the  nation  in  such  a 

hition  with  respect  to  foreign  powers  as  to  their  own 
udgment  shall  appear  wise,  to  whom  are  entrusted  its  for 
eign  relations,  than  to  that  tribunal  whose  power  as  well 
as  duty  is  confined  to  the  application  of  the  rule  which  the 
legislature  may  prescribe  for  it." 

But  the  joint  resolution  of  the  4th  of  April  does  more 
than  declare  the  refusal  of  the  United  States  to  recognize  a 
monarchical  usurpation  in  Mexico.  It  declares  a  general 
rule  of  policy,  which  can  be  authentically  and  authorita 
tively  expressed  only  by  the  body  charged  with  tho  legi.-l:ir 
tive  power  of  the  United  States. 

•'  Hew/red,  etc.,  That  the  Congress  of  the  United  States 
are  unwilling,  by  silence,  to  leave  the  nations  of  tho  world 
under  the  impression  that  they  are  indifferent  spectators  of 
the  deplorable  events  now  transpiring  in  the  republic  of 
Mexico;  and  they,  therefore,  think  fit  to  declare  that  it 
does  not  accord  with  the  policy  of  the  United  States  to 
acknowledge  a  monarchical  government  erected  on  the 
ruins  of  any  republican  government  in  America,  under  the 
auspices  of  any  European  power." 

The  committee  are  of  opinion  that  this  authority,  to 
speak  in  the  name  of  the  United  States,  has  never,  before 
the  correspondence  in  question,  been  considered  a  purely 
executive  function. 

The  most  remarkable  declaration  of  this  kind  in  our  his 
tory,  which  events  seem  now  likely  to  make  of  as  grave 
practical  interest  as  when  it  was  uttered,  is  President 
Monroe's  declaration  in  his  message  of  the  2d  Decem 
ber,  1823 : 

"  "With  the  governments  which  have  declared  their  inde 
pendence  and  maintained  it,  and  whose  independence  we 
have,  after  great  consideration  and  on  just  principles 
acknowledged,  we  could  not  view  any  interposition,  for  the 
purpose  of  oppressing  them  or  controlling  in  any  other 
manner  their  destiny  by  any  European  power,  in  any  other 
light  than  as  the  manifestation  of  an  unfriendly  disposition 
toward  the  United  States." 

But  though  always  the  accurate  expression  of  the  feelings 
of  the  American  people,  it  was  not  regarded  as  tho  settled 
policy  of  the  nation,  because  nut  formally  declared  by  Con 
gress.  By  the  administration  of  President  John  Quincy 
Adams,  which  followed,  it  was  treated  as  merely  an  execu 
tive  expression  on  behalf  of  the  people,  which  Congress 
alone  could  elevate  to  the  dignity  of  a  national  policy  by 
its  formal  adoption. 

In  1820,  Mr.  Poinsett,  the  minister  to  Mexico,  having  used 
language  nupposed  to  commit  the  United  States  to  that 
policy  in  behalf  of  Mexico,  a  resolution  was  promptly  in 
troduced  into  the  House  of  Representatives  and  adopted  on 
the  27th  of  March,  1826— 

'"That  the  Committee  on  Foreign  Affairs  inquire  and  re 
port  to  this  House  upon  what  authority,  if  any,  the  minis 
ter  of  the  United  States  to  the  Mexican  republic,  in  his  offi 
cial  character,  declared  to  the  plenipotentiary  of  that  gov 
ernment  that  the  United  States  have  pledged  themselves 
not  to  permit  any  other  power  than  Spain  to  interfere 
either  with  their  (the  South  American  republics)  inde 
pendence,  or  form  of  government,"  Ac.,  Ac. — 2  Cong.  Deb., 
19t,h  Con.,  1st  KCSS.,  p.  1820.) 

Mr.  Poinsett  hastened  to  explain  by  his  letter  of  the  6th 
of  May,  1826.  to  Henry  Clay,  then  Secretary  of  State  : 

u  I  cannot  rest  satisfied  without  stating  explicitly  that,  in 
the  observations  I  made  during  my  conference  with  the 
Mexican  plenipotentiaries,  I  alluded  only  to  tho  message  of 
the  President  of  the  United  States  to  Congress  in  1823 

"  That  message,  dictated,  in  my  opinion,  by  the  soundes 
policy,  has  been  regarded  both  in  Europe  and  America  as  a 
solemn  declaration  of  the  views  and  intentions  of  the  Exec 
utive  of  the  United  States,  and  I  have  always  co.iridered 
that  declaration  as  a  pledge,  so  far  forth  as  the  language  of 
the  President  can  pledge  the  nation,  to  defend  thu  new 
American  republics  from  the  attacks  of  any  of  the  power* 
of  Europe  other  than  Spain.  That  the  people  of  the  United 
States  are  not  bouni.  by  any  dfdarations  of  the  Executive  is 
known  and  undeisto->d  as  well  in  Mexico,  where  the  y(rvern- 
ment  is  modelled  on  our  own  politic-il  institutions,  as  in  the 
United  States  themselves.  But  in  order  to  correct  any  er 
roneous  impressions  these  words  might  have  m:*'lo  on  the 
minds  of  the  Mexican  plenipotentiaries,  I  explained  to 
them  in  the  course  of  our  conference  this  morning  th*-ir 
precise  meaning:  that  tho  declaration  of  Mr.  Monroe  in  his 
message  of  1823,  to  which  I  had  alluded,  indicated  only  'be 
course  of  policy  the  Executive  of  the  United  States  was 
disposed  to  pursue  towards  these  countries,  but  was  not 
binding  on  the  nation  unless  sanctioned  by  t/ie  Congress  of 
the  United  btatet;  and  when  I  spoke  of  the  United  Status 


OUR  FOREIGN  RELATIONS. 


353 


having  pledged  themselves  not  to  permit  any  other  power 
than  Spain  to  interfere  with  the  independence  or  form  of 
government  of  the  American  republics,  I  meant  only  to 
allude  to  the  above-cited  declaration  of  the  President  of  the 
United  States  in  his  message  of  1823,  and  to  nothing  more." 

This  explanation  is  the  more  significant  from  the  fact 
that  Mr.  Clay's  instructions  to  Mr.  Poinsett  directed  him  to 
bring  to  the  notice  of  the  Mexican  government  the  mes 
sage  of  the  late  President  of  the  United  States  to  their 
Congress  on  the  2d  of  December,  1823,  asserting  certain 
important  principles  of  intercontinental  law  in  the  rela 
tions  of  Europe  and  America;  and,  after  stating  and  en 
larging  on  them,  Mr.  Clay  proceeds :  "Both  principles  were 
laid  down  after  much  and  anxious  deliberation  on  the  part 
of  the  late  administration.  The  President,  who  then  formed 
a  purt  of  it,  continues  entirely  to  coincide  in  both,  and  you 
will  urge  upon  the  government  of  Mexico  the  propriety 
and  expediency  of  asserting  the  same  principles  on  all  proper 
occiisions." 

And  in'reply  to  the  resolution  of  inquiry  of  the  27th  of 
March,  Mr.  Clay  accompanied  his  instructions  with  the  de 
claration — entirely  in  the  spirit  of  Mr.  Poinsett's  letter — 
'•that  the  United  States  have  contracted  no  engagement, 
mrr  ifuidi:  any  pledge  to  the  governments  of  Mexico  and 
South  America,  or  either  of  them,  that  the  United  States 
would  not  permit  the  interference  of  any  foreign  power 
with  the  independence  or  form  of  government  of  those 
nations.  ********* 

''If,  indeed,  an  attempt  by  force  had  been  made  by  allied 
Europe  to  subvert  the  liberties  of  the  southern  nations  on 
this  continent,  and  to  erect  upon  the  ruins  of  their  free  in 
stitutions  monarchical  systems,  the  people  of  the  United 
States  would  have  stood  pledged,  in  the  opinion  of  the  Jt'.r- 
tru'ire,  not  to  any  foreign  State,  but  to  themselves  and  their 
posterity,  by  their  dearest  interests  and  highest  duties,  to 
resist  to  the  utmost  such  attempt ;  and  it  is  to  a  pledge  of 
that  character  that  Mr.  Poinsett  above  refei's.'' — (2  Cong. 
Debates,  19th  Congress.  1st  session,  App.  83,  84.) 

Such  were  the  views  of  the  administration  of  President 
John  Quincy  Adams,  whose  Secretary  of  State  was  Henry 
Clay,  and  whose  minister  to  Mexico  was  Mr.  Poinsett,  upon 
the  supremacy  of  the  legislature  in  declaring  the  foreign 
policy  of  the  United  States,  the  diplomatic  execution  and 
conduct  of  which  is  confided  to  the  President. 

It  is  impossible  to  condense  the  elaborate  message  of 
President  Adams  of  the  15th  of  March,  1826,  dedicated  to 
persuading  Congress  to  concur  in  and  sanction  the  Panama 
mission ;  but  tliat  message  and  the  great  debate  which  con 
sumed  the  session  in  both  Houses  are  unmeaning  on  the 
Hssurnptions  of  this  correspondence  with  the  French  gov 
ernment;  and  the  consideration  and  approval  of  its  recom 
mendations  elevate  President  Monroe's  declaration  to  the 
dignity  and  authority  of  the  policy  of  the  nation  solemnly 
and  legally  proclaimed  by  Congress. 

That  message  was  in  reply  to  a  resolution  requesting  the 
President  to  inform  the  House  of  Representatives  "in  re 
gard  to  what,  objects  the  agents  of  the  United  States  are 
expected  to  take  part  in  the  deliberations  of  that  congress" 
— of  Panama. 

Among  the  subjects  of  deliberation,  the  President  enu 
merated  the  declaration  of  President  Monroe  above  quoted 
and  on  that  topic  said : 

"  Most  of  the  new  American  republics  have  declared  their 
entire  assent  to  them ;  and  they  now  propose,  among  the 
subjects  of  consideration  at  Panama,  to  take  into  consider 
ation  the  means  of  making  effectual  the  assertion  of  that 
principle  as  well  as  the  means  of  resisting  interference  from 
abroad  with  the  domestic  concerns  of  the  American  gov 
ernments. 

"  In  alluding  to  these  means,  it  would  obviously  be  pre 
mature  at  this  time  to  anticipate  that  which  is  offered 
merely  us  matter  for  consultation,  or  to  pronounce  upon 
those  measures  which  have  been  or  may  be  suggested  The 
purpose  of  this  government  is  to  concur  in  none  which 
would  import  hostility  to  Europe,  or  justly  excite  resent 
ment  in  any  of  her  States.  Should  it  be  deemed  advisable 
to  contract  any  conventional  engagement  on  this  topic,  our 
views  would  extend  no  further  than  to  a  mutual  pkdge  of 
the  parties  to  the  compact,  to  maintain  the  principle  in  ap 
plication  to  its  own  territory,  and  to  permit  no  colonial 
lodgments  or  establishments  of  European  jurisdiction  upon 
its  own  soil:  and  with  respect  to  the  obtrusive  interference 
from  abroad,  if  the  future  character  may  b^-  inferred  from 
that  which  has  been,  and  perhaps  still  is,  exercised  in  more 
than  one  of  the  new  States,  a  joint  declaration  of  its  char 
acter  and  exposure  of  it  to  the  world  would  Ue  probably  all 
thar  the  occasi  m  would  require. 

<•  Whether  the  United  i-tates  should  or  should  not  bo 
parties  V>  such  a  declaration  may  justly  form  a  part  of  the 
deliberation.  That  there  is  an  evil  to  be  remedied  needs 
little  insight  into  the  secret  history  of  late  years  to  know, 
and  that  this  remedy  may  best  be  considered  at  the  Panama 
meeting  deserves  at  least  the  experiment  of  consideration." 
Upon  this  message,  after  elaborate  debates,  Congress 


passed  in  Mayan  appropriation ''for  carrying  into  effect 
the  appointment  of  a  mission  to  the  congress  of  Panama;" 
and  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate,  appointed  ministers  to  that  congress,  and  fur 
nished  them  with  instructions  in  conformity  with  the  mes 
sage,  ami  in  execution  of  the  policy  approved  by  Congress. 

Accident  and  delays  prevented  the  arrival  of  our  mission 
before  the  dissolution  of  the  congress;  but  President  Adams 
thought  the  gravity  of  the  precedent  justified  him  in  com 
municating  to  Congress,  in  1829,  Mr.  Clay's  instructions  to 
the  ministers  for  our  information;  and  the  precedent  re 
mains,  forever  to  vindicate  the  authority  of  Congress  to  de 
clare  and  present  the  foreign  policy  of  the  Unite;!  States. 

The  great  name  of  Daniel  Webster  is  justly  considered 
authoritative  on  any  question  of  constitutional  power;  and 
in  that  debate,  when  the  enemies  of  the  Administration 
strove  to  insert  particular  instructions  to  the  diplomatic; 
agents  sent  to  that  congress,  he  clearly  defined  the  limits  of 
exec.utive  and  congressional  authority,  in  declaring  the 
policy  and  conducting  the  negotiations  to  effectuate  it. 

On  the  4th  of  April,  1826,  he  is  reported  to  have  said  in 
the  House  of  Representatives : 

"He  would  ask  two  questions  :  First,  Does  not  the  Con 
stitution  vest  the  power  of  the  Executive  in  the  President? 
Second,  Iy  not  the  giving  of  instructions  to  ministers  abroad 
an  exercise  of  Executive  power?  Why  should  we  take  this 
responsibility  on  ourselves?  He  denied  that  the  President 
had  devolved,  or  could  devolve,  his  own  constitutional  re 
sponsibility,  or  any  part  of  it,  on  this  House.  The  President 
had  sent  this  subject  to  the  House  for  its  concurrence,  by 
voting  the  necessary  appropriation.  Beyond  this  the  House 
was  not  called  on  to  act.  We  might  refuse  the  appropria 
tion  if  we  saw  fit,  but  we  had  not  the  power  to  make  our 
vote  conditional,  and  to  attach  instructions  to  it. 

"  There  was  a  way,  indeed,  in  which  this  House  might 
express  its  opinion  in  regard  to  foreign  politics.  That  is  by 
resolution.  He  agreed  entirely  with  the  gentlemau  that,  if 
the  House  were  of  opinion  that  a  wrong  course  wa.s  given  to 
our  foreign  relations,  it  ought  to  say  so,  and  say  so  by  some 
measure  that  should  affect  the  whole,  and  not  a  part,  of  our 
diplomatic  intercourse.  It  ought  to  control  all  missions, 
and  not  one  only. 

"  There  was  no  reason  why  the  ministers  to  Panama 
should  act  under  these  restrictions  that  did  not  equally  ap 
ply  to  other  diplomatic  agents — for  example,  to  our  minis 
ter  at  Colombia.  Mexico,  or  other  new  States.  A  resolution 
expressive  of  the  sense  of  the  House  would,  on  the  con 
trary,  lead  to  instructions  to  be  given  to  them  all.  A  reso 
lution  'was,  therefore,  the  regular  mode  of  proceeding .  Wo 
saw,  for  instance,  looking  at  these  documents,  that  our 
government  had  declared  to  some  of  the  governments  of 
Europe,  perhaps  it  has  declared  to  all  the  principal  powers, 
that  we  could  not  consent  to  the  transfer  of  Cuba  to  any 
European  power.  No  doubt  the  executive  government  can 
maintain  that  ground  only  so  long  as  it  receives  the  appro 
bation  and  support  of  Congress.  If  Congress  be  of  opinion 
that  this  course  of  policy  is  wrong,  then  ho  agreed  it  was 
in  the  power,  and,  he  thought,  indeed,  the  duty  of  Congress 
to  interfere  and  to  express  dissent.  If  the  amendment  now 
offered  prevailed,  the  d^cla.-.Uio.is  80  distinctly  wide  on 
tins  point  could  not  be  reported,  under  any  circumstances, 
at  Panama;  but  they  might,  nevertheless,  be  reported  any 
where  and  everywhere  else.  Therefore,  if  we  dissent  from 
this  opinion,  that  dissent  should  be  declared  by  resolution, 
and  that  would  change  the  whole  course  of  our  diplomatic 
correspondence  on  that  subject  in  all  places.  If  any  geu- 
tleman  thinks,  therefore,  that  we  ought  to  take  no  measure, 
under  any  circumstances,  to  prevent  the  transfer  of  Cuba 
into  the  hands  of  any  government,  European  or  American, 
let  him  bring  forward  his  resolution  to  that  effect.  If  it 
should  pass,  it  will  effectually  prevent  the  repetition  of 
such  declarations  as  have  been  made." — (2 Cong.  Debates, 
19th  Congress,  1st  session,  pp,  2021,2022.; 

This  view  is,  in  the  opinion  of  the  committee,  at  ouce  the 
just  view  and  the  traditional  practice  of  the  government ; 
the  will  of  the  people  expressed  in  the  legislative  form  by 
the  legislative  power  can  declare  authoritatively  the  foreign 
policy  of  the  nation  ;  to  the  President  is  committed  the 
diplomatic  measures  for  effecting  it. 

The  constitutional  authority  of  Congress  over  the  foreign 
relat  6ns  of  the  United  States  can  hardly  be  considered  au 
open  question,  after  the  concurrent  resolutions  of  Mr.  Sen 
ator  Sumner,  adopted  in  the  last  Congress,  it  is  believed,  ut 
the  suggestion,  certainly  with  the  approval  of  tne  Presi 
dent,  and  by  him  officially  notified  to  foremn  governments, 
as  the  most  authentic  and  authoritative  expression  of  the 
national  will  respecting  intervention,  mediation,  and  eve/y 
other  form  of  foreign  intrusion  into  the  domestic  strugg.e 
in  the  United  States. 

The  committee  are  not  inclined  to  discuss  theoretically 
questions  of  relative  power.  The  Constitution  is  a  practical, 
ami  not  a  theoretical  instrument.  It  has  been  adminis 
tered  and  construed  by  men  of  practical  sagacity,  anil  it 
their  hands  the  voice  of  the  people  has  been  heard  authori- 


:>,54 


OUR   FOREIGN    RELATIONS. 


tatively  in  the  executive  chamber,  on  the  conduct  of  foreign 
affairs. 

But  this  correspondence  requires  us  to  say,  that  in  view 
of  the  historic  precedents,  it  is  not  a  purely  executive  ques 
tion  whether  the  United  States  would  think  it  necessary  to 
express  themselves  in  the  form  adopted  by  the  House  of 
Representatives  at  this  time;  it  does  belong  to  Congress  to 
declnre  and  docido  on  the  foreign  policy  of  the  United 
States,  and  it  is  the  duty  of  the  President  to  give  effect  to 
that  policy  by  means  of  the  diplomatic  negotiations,  or 
military  power  if  it  I; ;  itiithoi  i/ed. 

The  President  is  not  loss  bound  to  execute  the  national 
will  expressed  by  law  in  its  foreign  than  in  its  domestic 
concerns. 

The  President  appoints  all  officers  of  the  United  States, 
but  their  duties  arc  regulated,  not  by  his  will,  but  by  law. 
He  is  the  commander  of  the  army  and  navy,  but  he  has  no 
power  to  use  it  except  when  the  law  points  out  the  occa 
sion  and  the  object.  He  appoints  foreign  ministers,  but 
neither  in  this  case  arc  they,  by  reason  of  their  appointment, 
anything  but  the  ministers  of  the  law.  If  it  be  true  that 
the  appointment  of  an  ambassador  to  a  nation  implies  the 
recognition  of  the  nation,  it  is  just  as  sound  logic  to  argue 
that  none  can  be  appointed  to  a  nation  that  does  not  exist 
by  the  recognition  of  Congress,  ad  that  the  President  can 
recogm'/e  alone,  because  he  can  appoint. 

But  wo  prefer  to  waive  the  question.  We  are  anxious  not 
to  depart  from  the  approved  precedents  of  our  history.  Our 
desire  is  to  preserve,  not  to  change.  Wo  will  not  inquire 
what  would  be  the  effect  of  a  recognition  of  a  new  nation 
by  the  President  against  the  will  ot  Congress.  We  prefer 
to  indulge  the  hope  so  wisely  expressed  by  President  Jack- 
son,  that  "it  is  to  be  presumed  that  on  no  future  occasion 
will  a  dis  >ute  arise,  as  none  has  heretofore  occurred,  be 
tween  the  Executive  and  Legislature  in  the  exercise  oi'  the 
power  of  recognition." 

Hitherto  uew  nations,  new  powers,  have  always  been 
recognized  upon  consultation  and  concurrence  of  the  exec 
utive  and  legislative  departments,  and  on  the  most  impor 
tant  occasions  by  and  in  pursuance  of  law  in  the  particular 
cases. 

Changes  of  the  person  or  dynasty  of  rulers  of  recognized 
powers,  which  created  no  new  power,  have  not  been  treated 
always  with  the  same  formality  ;  but  usually  the  general 
law  providing  f  r  diplomatic  intercourse  with  the  power 
whoso  internal  administration  had  changed  remained  on 
the  statute  book  and  conferred  a  plenary  dis-cretion  on  the 
President,  under  the  sanction  of  which  he  has  accredited 
ministers  to  the  new  possessors  of  power.  It  is  not  known 
that  hitherto  the  President  has  ever  undertaken  to  recog 
nize  a  new  nation  or  a  now  power  not  before  known  to  the 
history  of  the  world,  and  not  before  acknowledged  by  the 
United  States,  without  the  previous  authority  of  Congress. 

It  is  peculiarly  unfortunate  that  the  new  view  of  the  ex 
ecutive  authority  should  have  been  announced  to  a  foreign 
government,  the  tendency  of  which  was  to  diminish  the 
force  and  effect  of  the  legislative  expression  of  what  is  ad 
mitted  to  be  the  unanimous  sentiment  of  the  people  of  the 
United  States,  by  denying  the  authority  of  Congress  to 
pronounce  it. 

Of  the  prudence  of  that  expression  at  this  time  Congress 
is  the  best  and  only  judge  under  the  forms  of  the  Constitu 
tion,  and  the  President  has  no  right  to  iutluence  it  otherwise 
than  in  the  constitutional  expression  of  his  assent  or  his 
dissont  when  presented  to  him  for  his  consideration. 

It  is  vain  to  suppose  that  such  a  declaration  increases  the 
danger  of  war  with  France.  The  Emperor  of  the  French 
will  iiwUe  war  on  the  United  States  when  it  suits  his  con 
venience,  and  it  can  bo  done  without  d.iuger  to  his  dynas 
tic  interests.  Till  then,  in  the  absence  of  wrong  or  insult 
on  our  part,  there  will  be  no  war.  Wheuth.it  time  arrives 
we  shall  have  war,  no  matter  how  meek,  inoffensive,  or  pu 
sillanimous  our  conduct  may  be,  for  cur  sin  is  our  freedom 
and  our  power,  and  the  only  safety  of  monarchical,  impe 
rial,  aristocratic,  or  despotic  rule,  lies  in  our  failure  or  our 
overthrow. 

It  postpones  the  inevitable  day  to  be  ready  and  powerful 
at  home,  and  to  express  our  resolution  not  to  recognize  acts 
of  violence  to  republican  neighbors  on  our  borders  perpe 
trated  to  our  injury.  That  declaration  will  encourage  the 
republicans  of  America,  to  resist  and  endure,  and  not  to 
submit.  It  is  not  perceived  how  an  attack  on  the  United 
States  can  promote  the  establishment  of  a  monarch  in  Mex 
ico.  It  might  seriously  injure  us,  but  it  would  be  an  addi 
tional  obstacle  to  the  accomplishment  of  that  enterprise. 
It  is  fortunate  tHat  events  in  Europe,  in  great  measure, 
cinbarniss  any  further  warlike  enterprise  on  this  continent, 
and  the  ruler  who  ha«  not  thought  fit  to  mingle  in  the 
strife  of  Poland  or  Schleswig-Holstein  will  hardly  venture 
u>  provoke  a  war  with  the  United  States. 

The  committee  are  content  to  bide  their  time,  confident 
in  th:>  fortune  and  fortitude  of  the  American  people,  but  re- 
•oJved  not  to  encourage  by  a  weak  silence  complications 


I  with  foreign  powers  inimical  to  onr  greatness  and  safety, 
•  which,  in  the  words  of  Mr.  Webster,  "a  firm  and  timely 
assertion  of  what  we  hold  to  be  our  own  rightaand  ourown 
intertsts  would  strongly  tend  to  avert." 

The  committee  recommend  the  adoption  of  the  following 
I  resolution  : 

Resolved,  That  Congress  has  a  constitutional  right  to  an 
authoritative  voice  in  de  ;laringand  prescribing  the  foreign 
j  policy  of  the   United  Sl,:itee,  as  woll  in  the  recognition  of 
i  new  powers  as  in  other  matters  ;  and  it  is  the  constitntionnl 
duty  <>f  the  Prooidttiit  to  ie>p-'Ct  thnt  policy,  not  less  in  cli- 
i  plomati'-  negotiations  than  in  the  use  of  the  national  force 
|  when  authorized  by  law;  and  the  propriety  of  ai.y  declara 
tion  of  foreign  poli'cy  by  Congress  is  sufficiently  proved  by 
the  vote  which  pronounces  it;  and  such  proposition  whil 
pending  and  undetermined  is  not  a  fit  topic  of  diplomats 
explanation  with  any  loreign  power. 

FRANCE,   MEXICO,   AND  THE  UNITED  STATES. 

The  Courier  du  Dimanche,  of  Paris,  publishes 
a  circular  letter  addressed  by  M.  Drouyn  de 
1'Huys,  the  French  Minister  of 'Foreign  Affairs, 
to  the  agents  of  the  Empire  abroad,  respecting 
the  relation  of  France  to  the  American  Govern 
ment.  This  letter  is  a  sequel  to  the  correspond 
ence  between  Mr.  Seward  and  Mr.  Dayton  with 
regard  to  the  Mexican  question,  and  is  as  fol 
lows  : — 

PAEIS,  May  7, 1864.— Mr.  Dayton  has  called  on  me  to 
read  to  me  a  despatch  addressed  to  him  by  the  Secretary 
of  State  of  the  Union,  in  order  to  define  the  responsibility 
of  the  Government  of  Washington,  and  to  show  that  a 
vote  of  the  House  of  Representatives,  or  of  the  Senate,  or 
even  of  the  two  Houses,  while  it  naturally  recommends 
itself  to  the  attention  of  the  Government  did  not  oblige  it 
to  modify  its  policy  and  take  from  it  its  liberty  of  action. 

Mr.  Seward  sees  no  reason  to  follow  in  the  Mexican  ques 
tion  a  line  of  conduct  other  than  that  which  he  had  adopted 
heretofore;  and  if  his  disposition  should  happen  to  be  mod 
ified,  we  should  be  directly  and  in  good  time  informed  of 
this  resolution  and  its  motives. 

I  have  replied  to  Mr.  Day  ton  that  in  the  opinion  of  the 
Government  of  the  Emperor,  nothing  could  justify  this 
change  ;  that  our  confidence  in  the  wisdom  and  enlighten 
ment  of  the  American  Cabinet  was  too  great  to  permit  us 
to  suppose  it  to  have  any  idea  of  compromising,  by  thought 
less  action,  the  true  interests  of  the  United  States. 

While  expressing  to  Mr.  Dayton  tho  entire  satisfaction 
whioh  the  assurances  he  was  charged  with  giving  to  us 
caused  to  the  government  of  the  Emperor,  I  added  that  I 
thought,  in  effect,  that,  even  from  tho  point  of  view  of  the 
United  States,  the  choice  would  not  be  doubtful  between 
tho  establishment  in  Mexico  of  a  stable  and  regular  gov 
ernment,  and  the  perpetuation  of  au  anarchy  of  which 
they  had  been  the  first  to  suffer  and  to  point  out  the  great 
inconvenience. 

The  reorganization  of  a  vast  country  which,  after  the 
restoration  of  order  and  security,  is  expected  to  play  uu 
important  economical  part  in  the  world,  would  be  for  tho 
United  States  especially  a  real  source  of  advantage,  since 
it  would  open  a  new  market  to  them  from  which  they,  be- 
cause  of  their  proximity,  would  profit  more  than  others. 

The  prosperity  of  Mexico  would  therefore  agreo  with 
their  rightly  understood  interests,  and  I  certainly  do  not 
believe  that  the  Government  of  Washington  could  misun 
derstand  this  truth. 

DROUYN  DE  L'HUYS. 

The  Arguelles  Case. 
1864,  May  28 — In  the  SENATE.  Mr.  TOHNSON 
offered  this  resolution,  which  was  agreed  to  : 

Resolved,  That  the  President  be  requested  to  inform  the 
Senate,  if  he  shall  not  deem  it  incompatible  with  the  pub 
lic  interest,  whether  he  has,  and  when,  authorized  a  person 
alleged  to  have  committed  a  crime  against  Spain  or  any  of 
its  dependencies,  to  be  delivered  up  to  oilicers  of  that  gov 
ernment;  and  whether  such  delivery  was  had ;  and  if  so, 
under  what  authority  of  law  or  treaty  it  Wiis  done. 

May  31 — The  PRESIDENT  transmitted  a  reply 
covering  a  report  from  the  Secretary  of  State 
and  other  documents,  by  which  it  appears  that 
Don  Jose  Augustin  Arguelles,  an  officer  in  the 
Spanish  army  in  Cuba,  had  captured  a  slave 
expedition,  while  he  was  acting  as  Lieutenant 
Governor  of  the  district  of  Colon,  in  Cuba.  It 


OUR    FOREIGN    RELATIONS. 


355 


was  subsequently  discovered  that  he  had,  with 
<hc  connivance  of  the  curate  of  Colon,  made 
representations  to  the  Spanish  Government 
that  one  hundred  aud  forty-one  of  the  recap 
tured  negroes  had  died  of  small-pox,  though, 
in  tact,  he  had  sold  them  into  slavery,  and  suc 
ceeded  in  escaping  to  the  United  States,  where 
he  was  arrested  by  the  officers  of  the  United 
States  and  surrendered  to  the  Cuban  authori 
ties. 

In  explanation  of  this  act  on  the  part  of  the 
Government  of  the  United  States,  the  Secre 
tary  of  State  reports  as  follows  : 

DEPARTMENT  OF  STATE, 

WASHINGTON,  May  30, 1864. 

The  Secretary  of  State,  to  whom  was  referred  the  resolu 
tion  of  the  Senate  of  the  28th  instant,  requesting  the  Presi 
dent  to  inform  that  body,  *'if  he  shall  not  deem  it  incom 
patible  with  the  public  interest,  whether  he  has,  and  when, 
authorized  a  person,  alleged  to  have  committed  a  crime 
against  Spain,  or  any  of  its  dependencies,  to  be  delivered 
up  to  officers  of  that  government ;  and  whether  such  deliv 
ery  was  had;  and  if  so,  under  what  authority  of  law  or  of 
treaty  it  was  done,"  has  the  honor  to  submit  to  the  Presi 
dent  a  copy  of  the  papers  which  are  on  file  or  on  record  in 
this  department  relative  to  the  subject  of  the  resolution. 

By  the  act  of  Congress  of  the  15th  of  May,  1820,  the  Af 
rican  slave  trade  is  declared  to  be  piracy. 

By  the  iiuitl)  article  of  the  treaty  of  1842  with  Great 
Britain,  it  is  stipulated  that,  "  Whereas,  notwithstanding  all 
ellorts  which  may  be  made  on  the  c~ast  of  Africa  for  sup 
pressing  the  slave  trade,  tho  facilities  for  carrying  on  that 
traffic,  and  avoiding  the  vigilance  of  cruisers,  bv  thefraud- 
u. out  use  of  flags  and  other  means,  are  so  great,  aud  the 
temptations  lor  pursuing  it,  while  a  market  can  be  found 
for  slaves,  so  strong,  as  that  the  desired  result  may  be 
long  delayed,  unless  all  markets  be  shut  against  the  pur 
chase  of  African  negroes,  the  parties  to  this  treaty  agree 
that  they  will  unite  mall  becoming  representations  and  re 
monstrances  with  any  and  all  powers  within  whose  domin 
ions  such  markets  are  allowed  to  exist,  and  that  they  will 
urge  upon  all  such  powers  the  propriety  and  duty  of  closing 
such  markets  effectually  at  once  and  forever." 

There  beiug  no  treaty  of  extradition  between  the  United 
States  and  Spain,  nor  any  act  of  Congress  directing  how 
fugitives  from  justice  in  Spanish  dominions  shall  be  de 
livered  up,  the  extradition  in  the  case  referred  to  in  the 
resolution  of  the  Senate  is  undei  stood  by  this  department 
to  have  been  made  in  virtue  of  the  law  of  nations  and  the 
Constitution  of  the  United  States. 

Although  there  is  a  conflict  of  authorities  concerning  the 
expediency  of  cxcrc;sing  comity  towards  a  foreign  govern 
ment  by  surrendering,  at  its  request,  one  of  its  own  sub 
jects  charged  with  the  commission  of  crime  within  its 
territory,  and  although  it  may  be  conceded  that  there  is  no 
national  obligation  to  make  such  a  surrender  upon  a  de 
mand  therefor,  unless  it  is  acknowledged  by  treaty  or  by 
statute  law,  yet  a  nation  is  never  bound  to  furnish  asylum 
to  dangerous  criminals  who  are  offenders  against  the  hu 
man  race  ;  and  it  is  believed  that  if  in  any  case  the  comity 
could  with  propriety  be  practiced,  the  one  which  is  under 
stood  to  have  called  forth  the  resolution  furnished  a  just 
occasion  for  its  exercise. 

Respectfully  submitted.  WILLIAM  H.  SEWARD. 

To  the  PRESIDENT. 

Upon  the  arrival  at  Havana  of  the  fugitive 
Arguelles,  General  Dulce,  the  Captain-General 


of  Cuba,  addressed  to  the  Spanish  minister  at 
Washington  the  following  note  : 

MOST  EXCELLENT  SIR  :  My  aide-de-camp,  with  the  person 
expected,  arrived  in  the  steamer  Eagle. 

I  request  your  excellency  to  render  thanks  in  my  name 
to  Mr.  Seward  for  the  service  which  he  has  rendered  to 
humanity  by  furnishing  the  medium  through  which  a  great 
number  of  human  beings  will  obtain  their  freedom,  whom 
the  desertion  of  the  person  referred  to  would  have  reduced 
to  slavery.  His  presence  alone  in  this  island  a  very  few 
hours  has  given  liberty  to  eighty-six. 

I  also  render  thanks  to  your  excellence  for  the  efficiency 
of  your  action. 

God  preserve  your  excellency  many  years. 

DOMINGO  DULCE. 

HAVANA,  May  19, 1864. 

Murray,  United  States  Marshal  for  the 
Southern  District  of  New  York,  was  indicted 
by  the  grand  jury  for  the  arrest  of  Arguelles, 
on  a  charge  of  kidnapping,  and  the  matter 
came  up  before  the  General  Sessions  in  New 
York,  upon  a  petition  of  the  counsel  for  de 
fendant  to  transfer  the  case  to  the  United  States 
District  Court,  on  the  ground  that,  under  the 
act  of  Congress  passed  March  3,  1863,  relating 
to  habeas  corpus,  &c.,  any  officer  of  the  Federal 
Government,  exposed  to  criminal  prosecution, 
might  remove  the  case  in  the  Federal  courts 
by  filing  a  petition  setting  forth  that  the  of 
fence  charged  was  done  by  the  authority  of  the 
President  or  the  Congress  of  the  United  States. 

July  6 — Judge  Russell  and  Recorder  Hoff 
mann  concurring,  decided  that  the  petition  to 
remove  the  case  to  the  United  States  courts 
must  be  denied,  the  State  courts  having  juris 
diction  thereof.  The  counsel  for  the  defence 
then  made  a  motion  to  quash  the  indictment. 

IN  HOUSE. 

June  6 — Mr.  Cox  offered  this  resolution : 

Resolved,  That  the  recent  extradition  of  a  Spanish  sub 
ject,  by  tho  action  of  the  Chief  Executive  of  the  United 
States,  in  the  absence  of  a  law  or  treaty  on  the  subject, 
was  a  violation  of  the  Constitution  of  the  United  States  and  of 
the  law  of  nations,  and  in  derogation  of  the  right  of  asylum, 
which  has  ever  been  a  distinguishing  feature  of  our  politi 
cal  system. 

The  House  refused  to  second  the  demand  for 
the  previous  question — yeas  38,  nays  57. 

It  was  then  referred  to  the  Committee  on  the 
Judiciary — yeas  72,  nays  43.  The  NAYS  were — 

Messrs.  James  C.  Allen,  Ancona,  Augustus  C.  Baldwin, 
Bliss,  James  S.  Brown,  Cojfroth,  Cox,  Cravens,  Dawson, 
Denison,  Eden,  Edgerton,  Eldridge,  Finck,  Ganson,  Har 
ding,  Harrington,  Charles  M.  Harris,  Holman,  Hutchins, 
William  Johnson,  King,  Knapp,  Law,  Lazear,  Le  Blond, 
Long,  Mallory,  Marcy,  McDowell,  James  R.  Morris,  Mor 
rison,  Pendleton,  Perry,  Robinson,  Rogers,  Ross,  Scott 
Strouse,  Wadsworth,  Wheeler,  Chilton  A.  White,  Joseph  W. 
While— 43. 


THE    FINANCES. 


Our  Financial  Legislation. 

The  financial  legislation  has  been  as  follows  : 

1860,  December  17— Authorized  an  issue  of  $10,000,000  in 
TREASURY  NOTES,  to  be  redeemed  after  the  expiration  of  one 
year  from  the  date  of  issue,  and  bearing  such  a  rate  of  in 
terest  an  may  be  offered  by  the  lowest  bidders.    Authority 
was  given  to  issue  these  notes  in  payment  of  warrants  in 
favor  of  public  creditors  at  their  par  value,  bearing  six  per 
cent,  interest  per  annum. 

1861,  February  8— Authorized  a  LOAN  of  $25,000,000,  bear 
ing  interest  at  a  rate  not  exceeding  six  per  cent,  per  annum, 
and  reimbursable  within  a  period  not  beyond  twenty  years 
nor  less  than  ten  years.    This  loan  was  made  for  the  pay 
ment  of  the  current  expenses,  and  was  to  be  awarded  to  the 
most  favorable  bidders. 

March  2 — Authorized  a  LOAN  of  $10,000,000,  bearing  inter 
est  at  a  rate  not  exceeding  six  per  cent,  per  annum,  and  re 
imbursable  after  the  expiration  of  ten  years  from  July  1, 
1801.  In  case  proposals  for  the  loan  were  not  acceptable, 
authority  was  given  to  issue  the  whole  amount  in  TREASURY 
NOTES,  bearing  interest  at  a  rate  not  exceeding  six  per  cent, 
per  annum.  Authority  was  also  given  to  substitute  TREAS 
URY  NOTES  for  the  whole  or  any  part  of  the  loans  for  which 
the  Secretary  was  by  law  authorized  to  contract  and  issue 
bonds,  at  the  time  of  the  passage  of  this  act,  and  such  treas 
ury  notes  were  to  be  made  receivable  in  payment  of  all  pub 
lic  dues,  and  redeemable  at  any  time  within  two  years  from 
March  2,  1861. 

March  2 — Authorized  an  issue,  should  the  Secretary  of 
the  Treasury  deem  it  expedient,  of  $2,800,000  in  coupon 
BONDS,  bearing  interest  at  the  rate  of  six  per  cent,  per  an 
num,  and  redeemable  in  twenty  years,  for  the  payment  of 
expenses  incurred  by  the  Territories  of  Washington  and 
Oregon  in  the  suppression  of  Indian  hostilities  during  the 
years  1855-'56. 

July  17— Authorized  a  loan  of  $250,000,000,  for  which 
could  l)e  issued  BONUS  bearing  interest  at  a  rate  not  exceed- 
in;.;  7  per  cent,  per  annum,  irredeemable  for  twenty  years, 
and  after  that  redeemable  at  the  pleasure  of  the  United 
Suites. 

TREASURY  NOTES  bearing  interest  at  the  rate  of  7.30  per  i 
cent,  per  annum,  payable  three  years  after  date:  and 

United  States  NOTES  without  interest,  payable  on  demand, 
to  tho  extent  of  150,000,000.  (Increased  by  act  of  February 
12,  18G2,  to  $60,000,000.) 

The  bonds  and  treasury  NOTES  to  be  issued  in  such  pro  ' 
portions  of  each  as  the  Secretary  may  deem  advisable. 

August  5 — Authorized  an  issue  of  BONDS  bearing  6  per  i 
cent,  interest  per  annum,  and  payable  at  the  pleasure  of  the  ! 
United  States  after  twenty  years  from  date,  which  may  be 
issued  in  exchange  for  7.30  treasury  notes;  l>ut  no  such 
bonds  to  be  issued  for  a  less  sum  than  $500,  anil  the  whole 
amount  of  such  bonds  not  to  exceed  the  whole  amount  of 
7.30  treasury  notes  issued. 

1862.  February  25— Authorized  the  issue  of  $150,000.000 
in  Iff/a!  taulrr  United  Mates  NOTES,  $50,000,000  of  which  to 
be  in  lieu  of  demand  notes  issued  under actof  July  17, 1861,  i 
$500,000;000  in  t>  per  cent,  bonds,  redeemable  after  five  years,  i 
and  payable  twenty  years  from  date,  which  may  be  ex-  i 
changed  for  United.  States  notes,  and  a  temporary  loan  of 
$25,000,000  in  United  States  notes  for  not  less  than  thirty 
days,  payable  after  ten  days'  notice  at  5  per  cent,  interest  i 
per  ijinuin. 

March  17 — Authorized  anincrease  of  TEMPORARY  LOANS  of  I 
$25,000,000,  bearing  interest  at  a  rate  not  exceeding  5  per  | 
cent,  per  annum. 

July  11 — Authorized  a  further  increase  of  TEMPORARY  ! 


!  LOANS  of  $50,000,000,  making  the  whole  amount  anthoi 
$100,000,000. 

March  1 — Authorized  an  issue  of  CERTIFICATES  OF  INDEBT 
EDNESS,  payable  one  year  from  date,  in  settlement  of  audited 
claims  against  the  Government.  Interest  6  per  cent,  per 
annum,  payable  in  gold  on  those  issued  prior  to  March  4, 
1863,  and  in  lawful  currency  on  those  issued  on  and  after 
that  date.  Amount  of  issue  not  specified. 

1862,  July  11— Authorized  an  additional  issue  of  $150,000,- 
000  legal  tender  NOTES,  $35,000,000  of  which  might  be  in  de 
nominations  less  than  five  dollars.    Fifty  million  dollars  of 
this  issue  to  be  reserved  to  pay  temporary  loans  promptly 
in  case  of  emergency. 

July  17— Authorized  an  issue  of  NOTES  of  the  fractional 
part  of  one  dollar,  receivable  in  payment  of  all  dues,  except 
customs,  less  than  five  dollars,  and  exchangeable  for  United 
States  notes  in  sums  not  less  than  five  dollars.  Amount  of 
issue  not  specified. 

1863,  January  17— Authorized  the  issue  of  $100,000,000  ii> 
United  States  NOTES  for  the  immediate  payment  of  the  army 
and  navy ;  such  notes  to  be  a  part  of  the  amount  provided 
for  in  any  bill  that  may  hereafter  be  passed  by  this  Con 
gress.    The  amount  in  this  resolution  is  included  in  act  of 
March  3,  1863. 

March  3— Authorized  a  LOAN  of  $300,000,000  for  this  and 
$600,000,000  for  the  next  fiscal  year,  for  which  could  be  is 
sued  bonds  running  not  less  than  ten  nor  more  than  forty 
years,  principal  and  interest  payable  in  coin,  bearing  inter 
est  at  a  rate  not  exceeding  6  per  cent,  per  annum,  payable 
on  bonds  not  exceeding  $100,  annually,  and  on  all  others 
semi-annually.  And  TREASURY  NOTES  (to  the  amount  of 
$400,000,000)  not  exceeding  three  years  to  run,  with  interest 
at  not  over  6  per  cent,  per  annum,  principal  and  interest 
payable!  in  lawful  money,  which  may  be  made  a  legal  tender 
for  their  face  value,  excluding  interest,  or  convertible  into 
United  States  notes.  And  a  further  issue  of  $150,000,000  in 
United  States  NOTES  for  the  purpose  of  converting  the  Treas 
ury  notes  which  may  be  issued  under  this  act,  and  for  no 
other  purpose.  And  a  further  issue,  if  necessary,  for  the 
payment  of  the  army  and  navy,  and  other  creditors  of  the 
Government,  of  .?! 50,000,000  in  United  States  NOTES,  which 
amount  includes  the  $100,000,000  authorized  by  the  joint 
resolution  of  Congress,  January  17, 1863.  The  whole  amount 
of  bonds,  treasury  notes,  and  United  States  notes  issued 
under  this  act  not  to  exceed  the  sum  of  $900,000,000. 

March  3 — Authorized  an  issue  not  exceeding  .•>">0,000,OOC 
in  FRACTIONAL  CURRENCY,  (in  lieu  of  postage  or  other  stamps,) 
exchangeable  for  United  States  notes  in  sums  not  less  than 
three  dollars,  and  receivable  for  any  dues  to  the  UniteJ 
States  less  than  five  dollars,  except  duties  on  imports.  The 
whole  amount  issued,  including  postage  and  other  stamps 
issued  as  currency,  not  to  exceed  $50,000,000.  Authority 
was  given  to  prepare  it  in  the  Treasury  Department,  under 
the  supervision  of  the  Secretary. 

1864,  March  3—  Authorized,  in  lieu  of  so  much  of  the  loan 
of  March  3,  1863,  a  LOAN  of  $200.000,000  for  the  current  fiscal 
year,  for  which  may  be  issued  bonds  redeemable  aft'T  five 
and  within  forty  years,  principal  ami  interest  payable  in 
coin,  bearing  interest  at  a  rate  not  exceeding  ti  per  cent, 
per  annum,  payable  annually  on  bonds  not  over  $100,  and 
on  all  others  semi-annually.  These  bonds  to  be  exempt 
from  taxation  by  or  under  State  or  municipal  authority. 

1864,  June  30— Authorized  a  LOAN  of  $400,000,000,  foi 
which  may  be  issued  bonds,  redeemable  after  five  nor  more 
than  thirty  years,  or  if  deemed  expedient,  made  payable  at 
any  period  not  more  than  forty  years  from  date — interest 
not  exceeding  six  per  cent,  semi-annually,  in  coin.  Secre 
tary  of  the  Treasury  is  authorized  to  dispose  of  these  bonds, 

356 


THE   FINANCES. 


357 


or  any  part,  and  of  the  remainder  of  the  five-twenties,  in  the 
United  States  or  in  Europe,  on  such  terms  a.s  he  may  deem 
most  advisable,  for  lawful  money  of  the  United  States,  or,  at 
his  discretion,  for  Treasury  notes,  certificates  of  indebted 
ness,  or  certificates  of  deposit  issued  under  any  act  of  Con 
gress.  And  all  Ixmds,  Treasury  notes,  and  other  obligations 
of  the  United  States  shall  bo  exempt  from  taxation  by  or 
under  State  or  municipal  authority.  In  lieu  of  an  equal 
amount  of  bonds,  not  exceeding  .$200,000,000,  the  Secretary 
is  authorized  to  issue  Treasury  notes  of  not  less  than  $10, 
payable  at  anytime  aot  exceeding  three  years,  or,  if  thought 
•expedient,  redeemable  at  any  time  after  three  years,  at  an 
interest  not  exceeding  seven  and  three  tenths  per  cent., 
payable  in  lawful  money  at  maturity,  or,  at  the  discretion 
of  the  Secretary,  semi-annually.  And  the  said  Treasury 
notes  may  IK-  disposed  of  by  the  Secretary  of  the  Treasury, 
on  the  best  terms  that  can  be  obtained,  for  lawful  money ; 
and  such  of  them  as  shall  be  made  payable,  principal  and 
interest,  at  maturity,  shall  be  a  legal  tender  to  the  same 
extent  as  United  States  notes  for  their  face  value,  excluding 
interest,  and  may  be  paid  to  any  creditor  of  tho  United 
States  at  their  face  value,  excluding  interest,  or  to  any 
creditor  willing  to  receive  them  at  par,  including  interest; 
and  any  Treasury  notes  issued  under  the  authority  of  this 
act  may  be  made  convertible,  at  the  discretion  of  the  Secre 
tary  of  the  Treasury,  into  any  bonds  issued  under  the  au 
thority  of  this  act.  And  the  Secretary  of  the  Treasury  may 
redeem  and  cause  to  be  cancelled  and  destroyed  any  Treas 
ury  notes  or  United  States  notes  heretofore  issued  under 
auth-irity  of  previous  acts  of  Congress,  and  substitute,  in 
lieu  thereof,  an  equal  amount  of  Treasury  notes  such  as  are 
authorized  by  this  act,  or  of  other  United  States  notes:  Pro 
vided,  That  the  total  amount  of  bonds  and  Treasury  notes 
authorized  by  the  first  and  second  sections  of  this  act  shall 
not  exceed  $400,000.000  in  addition  to  the  amounts  hereto 
fore  issued;  nor  shall  tho  total  amount  of  United  States 
notes,  issued  or  to  be  issued,  ever  exceed  $400,000,000,  and 
such  additional  sum,  not  exceeding  $50,000,000,  as  may  be 
temporarily  required  for  the  redemption  of  temporary  loan; 
nor  shall  any  Treasury  note  bearing  interest,  issued  under 
this  act,  be  a  legal  tender  in  payment  or  redemption  of  any 
notes  issued  by  any  bank,  banking  association,  or  banker, 
calculated  or  intended  to  circulate  as  monej'. 

SEC.  3.  That  the  interest  on  all  bonds  heretofore  issued, 
payable  annually,  may  be  paid  scmi-aunually  ;  and  in  lieu 
of  such  bonds  iiulhorized  to  be  issued,  the  Secretary  of  the 
Treasury  may  issue  bonds  bearing  interest  payable  semi-  j  excises,  debts,  and  demands  of  every  kind  due 
annually.  And  he  may  also  issue  in  exchange  lor  Treasury  I  to  the  United  States,  and  all  salaries,  &C.,  from 
•notes  heretofore  issued  l>eunng  sevi-n  and  three-tenths  per  ,  TT  •  i  n  j  ?rTi?ilij«» 

centum  interest,  besides  tho  six  per  cent  honds  heretofore     the  United    States,     "  and  shall    also   be    lawful 

authorized,  like  isondd  of  all  the  denominations  in  which  said    money,  and  a  legal  tender  in  payment  of  all  debts, 
issued;  and  the  interest  ou  such  \  puhlic  and  private,  within  the  United  States,1'  to 
be  exchangeable  for  twenty  year  six  per  cent. 


Baxter,  Boutwell,  Boyd,  Cobb,  Cole,  Creswell,  Dawes,  Dem- 
ing,  Dixon,  Driggs,  Eckley,  Eliot,  Garfiold,  Gooch,  Higby, 
Hooper,  Hotchkiss,  J.  II.  Hubbard,  Ingersoll,  Jencke.s, 
Julian,  Kelley,  Longyear,  MeClurg,  Moorhead,  Morrill,  I). 
Morris,  Leonard  Myers,  Norton,  Charles  O'Neill,  Perham, 
Alexander  II.  Rice,  John  II.  Rice,  Edward  If.  Rollins, 
Schenck,  Shannon,  Sloan,  Smith,  Smithers,  Francis  Thomas, 
Tracy,  Upson,  Ellihu  B.  Washburne,  William  B.  Washburn, 
Webster,  Wilder,  Wilson,  Windom,  Wood  bridge— 53. 

NAYS — Messrs.  Anemia,  Baily,  Bliss,  JJrooks,  Chanter, 
Coffroth.  Cox,  Duwson,  Denison,  Eden,  Edgerton,  Eldridye, 
English,  Gamon,  Harding,  Benjamin  G.  Harris,  Charles  AT. 
Harris,  Hutchins,  William  Johnson,  Kernan,  Knapp,  Low, 
Lazcar,  Le  Blond,  Littlejolm,  Lang,  Marcjj,  Middleton,  Win. 
II.  Miller,  James  R.  Morris,  Morrison.  No^lc,  Oddl,  John 
O'Neill,  Pendlcton,  Pruyn,  Samuel  J.  Randal!,  Robinson, 
James  S.  Rollins,  Ross,  Scofield,  John  B.  Meele,  William 
G.  Steele,  Stevens,  Stiles,  Sweat,  Ward,  Williams,  Wirifield 
—49. 

Seventy-eight  absentees. 

It  passed  the  Senate  same  day — yeas  28, 
nay  7,  as  follows  : 

YEAS — Messrs.  Anthony,  Clark,  Conness,  Cowan,  Doo- 
little,  Fool,  Foster,  Hale,  Harlan,  Harris,  Hicks,  Howe, 
Johnson,  Lane  of  Indiana,  Lace  of  Kansas,  McOougall,  Mor« 
gan,  Morrill,  Pomeroy,  Ramsey,  Sherman,  Sumuer,  Ten 
Eyck,  Trumbull,  Van  Winkle,  Wilkinson,  Wiiley,  Wilson 

NAYS— Messrs.  Buclcalew,  Carlile,  Davis,  Powell,  Rich 
ardson,  Riddle,  Saulsbury — 7. 

"  Legal  Tenders." 
Second  Session,  Thirty-Seventh  Congress. 

1862,  Feb.  6 — The  House  came  to  a  vote  on 
two  propositions  for  the  issue  of  $150,000,000 
in  Treasury  notes. 

The  one,  for  notes  without  interest,  and  de 
nomination  not  below  $5 — of  which  $50,000,000 
should  be  in  lieu  of  so  many  of  the  "  Demand 
notes" — to  be  receivable  for  all  duties,  imposts, 


Treasury  notes  alter  maturity  .shall  be  paid  in  lawful  11101103', 
and  they  may  be  exchanged  for  such  bonds  at  any  time 
within  three  months  from  the  date  of  notice  of  redemption 
by  the  Secretary  of  tho  Treasury,  after  which  the  interest 
on  such  Treasury  not"s  shall  cease.  And  so  much  of  tho 
law  approved  March  3,  1864,  as  limits  the  loan  authorized 
therein  to  tho  current  fiscal  year,  is  hereby  repealed ;  and 
the  authority  of  the  Secretary  of  the  Treasury  to  borrow 
money  and  issue  therefor  bonds  or  notes  conferred  by  the 
first  section  of  tho  act  of  March  3, 18G3,  entitled  "  An  act 
to  provide  ways  and  means  for  the  support  of  the  Govern 
ment,"  shall  cease  on  and  after  the  passage  of  this  act, 
except  so  far  as  it  may  effect  [affect]  $75,000,000  of  bonds 
already  advertised. 

SPECIAL  WAR  INCOME  TAX. 

Resolved,  d-c.,  That,  in  addition  to  the  income  duty  alrea- 
'  by  law,  there  shall  be  levied,  aasessed,  and  col- 
lay  of  October  eighteen  hundred  and 
sixty-four,  a  special  income  duty  upon  the  gains,  profits, 
or  income  for  the  year  ending  the  thirty-first  day  of  Decem 
ber  next  preceding  the  time  herein  named,  by  levying,  as 
sessing,  and  collecting  said  duty  of  all  persons  residing 
within  tho  United  States,  or  of  citizens  of  the  United  States 


bonds,  interest  payable  semi  annually,  or  five 
year  seven  per  cent,  bonds  w.th  interest,  paya 
ble  semi-annually  in  coin.  Such  United  States 
notes  to  be  received  the  same  as  coin  in  pay 
ment  for  loans.  Five  hundred  millions  of 
bonds  authorized,  payable  after  twenty  years, 
at  six  per  cent,  interest  payable  ^emi- annually. 
The  other,  offered  as  an  amendment,  author 
ized  $100,000  of  Treasury  notes  at  3.65  per 
cent,  per  annum,  payable  in  two  years,  to  be 
receivable  for  all  public  dues  except  duties  on 
imports,  and  for  all  salaries,  debts,  and  de 
mands  owing  by  the  United  States  to  individ 
uals,  corporations,  and  associations  within  the 
United  States,  at  the  option  of  such  individu 
als,  corporations,  and  associations,  exchangea- 


residing  abroad,  at  tho  rate  of  five  per  centum  on  all  sums  j  ble  for  7.30  bonds  with  interest    payable  Semi- 
exceeding  six  hundred  dollars, mid  tiie  same  shall  be  levied,  j  annually  in   coin,  and    receivable    the  same   as 
sed,  estimated,  und   collected,  except   as  to  the  rates,     coin    ir/p!iyment    of    loans.       $500,000,000    of 

bonds  authorized — $200,000,000  at  7:30  inter 
est  payable  semi-annually  in  coin,  and  redeem- 


r.   rates, 

according  to  the  provisions  of  existing  laws  for  the  collec 
tion  of  an  income  duty,  annually,  where  not  inapplicable 
hereto ;  and  the  Secretary  of  the  Treasury  is  hereby  au- 


thorized  to  m;ike  such  rules  and  regulations  as  to  time  and 
mode,  or  other  matters,   to  enforce  the  collection  of  the 


epecial  income  duty  heroin  provided   for,  as  may  be  neces 
sary  :  Provided,  That  in  estimating  the  annual  gains,  pro 
fits,  or  income,  as  aforesaid,  for  the  foregoing  special  inco 
luty,  no  deductions  shall  bo  made  for  dividends  or  inter 


ible  after  ten  years,  and  $300,000,000,  redeem, 
able    after  twenty-four   years,    at  6  per   cent., 
pro-  j  payable  semi-annually  in  coin. 
interest '      Tte  latter  was  rejected — yeas  55,  nays  95,  as 
•eceived  from  any  association,  corporation,  or  company,  nor  j  follow  : 
,hall  any  deduction  be  made  for  any  salary  or  pay  received.        YEAS  -Messrs.  Ancona.  Baxter.  Biddle,  George  H.  Browne, 
This  reso  ution    passed    the    House,  July  4 —    William  G.  Brown,   Cobb,  Frederick  A.  Coukling,   Hoscoe 
•f  eas  53    navs  49    as   follows-  Conk  ing.  Conway,   Corning,  Cox,  Cravens    Crisfield,  Grit- 

v         '        •*  I  tmden,   Diven,  Eliot.  English,  Goodw.n,   Grider,    Harding, 

KKA3- Messis.   Alley,   Allison,   Ames,    Isaac  N.  Arnold,    Holman,  Horton,  Johnson,  Law,    Lazear,  Luvojoy,  May, 


358 


THE   FINANCES. 


Alenzies,  Justin  S.  Morrill,  Morris,  Nixon,  Noile,  Norton, 
Nugen,  Od>ll,  Pendleton,  Perry,  Pomcroy,  Porter,  Edward 
H.  Rollins,  iSedgwick,  SlieffieM,  Shiel,  William  G.  Steele, 
Stratton,  Benjnmin  F.  Thomas,  Francis  Thomas,  Train, 
Vallandiffham.  Wadsworth,  E  P.Walton,  Ward,  Webster, 
Chilton  A.  White,  Wright— 55. 

NAYS— Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt, 
Goldsmith  F.  Builey,  Joseph  Bally.  B.iker,  Beanian.  Bing- 
hani,  Francis  P.  Blair,  Jacob  B.  Blair.  Samuel  8.  Blair, 
Blal;e,  Bullinton,  Burnhuni,  Campbell,  Chamberlain,  Clark, 
Coll'ax,  Cutler,  Davis,  Delano,  Delaplaine,  iJuell,  Dunlap, 
Dunn,  Edgerton,  Edwards,  Ely,  Feuton.  Fessenden,  Fisher, 
Franc  hot,  Frank,  Gooch,  Grange.',  Gurley,  Haight.  Hale, 
Hancliett,  Harrison,  Hickman,  Hooper,  llutchius,  Julian, 
Kelloy,  Francis  W.  Kellogg  William  Kellogg,  Killinger, 
Knapp,  Lansing,  Leary,  Loomis,  McKean,  McKnight, 
McPiierson,  Marstou,  May nard,  Mitchell.  Moorhead,  Anson 
P.  Morrill,  Olin,  Patton,  Timothy  G.  Phelps,  Pike,  Price, 
Alexander  II.  Rice,  John  H.  Kice,  Richardson,  James  S. 
Rollins,  h'argeut,  Shanks,  Shellabarger,  Sherman,  Sloan, 
Spaulding,  John  B.  Steele,  Stevens,  Trimble,  'irowbridge, 
Upton,  Van  Horn,  Van  Valkenburgh,  Van  Wyck,  Verree, 
Wall,  Wallace,  Charles  W.  Walton,  Whaley,  Albert  S. 
White,  Wicldiffe,  Wilson,  Windom,  Worcester— 95. 

The  affirmative  vote  on  the  passage  of  the 
former  wan  the  same  as  the  negative  on  the 
amendment  except  that  Messrs.  W.  G.  Brown 
and  Critlenden,  who  voted  aye  on  the  amend 
ment,  did  not  vote  on  the  passage  of  the  bill ; 
Messrs.  Dunlap,  Knopp,  Richardson,  and  Wick- 
liffe,  who  voted  nay  on  the  amendment,  voted 
nay  on  the  passage  ;  Messrs.  Hallory,  Robinson, 
arid  Voorhees,  who  did  not  vote  on  the  amend 
ment,  voted  nay  on  the  passage  ;  Mr.  Nugen, 
who  voted  aye  on  the  amendment,  voted  aye  on 
the  passage  ;  arid  Messrs.  Dunn  and  Riddle,  ! 
who  did  not  vote  on  the  amendment,  voted  aye 
on  the  passage. 

IN  SENATE. 

February  12 — The  Committee  of  Finance 
recommended  instead  of  making  these  notes  re 
ceivable  for  all  demands  due  to,  and  all  de 
mands  owing  by,  the  United  States,  this  substi 
tute  : 

And  such  notes  herein  authorized  shall  be  receivable  in 
payment,  of  all  public  dues  and  demands  of  every  descrip 
tion,  and  of  all  claims  and  demands  ag  inst  the  United 
Sta  es  of  every  kind  whatsoever,  except  fjr  interest  upon 
bonds  and  notes,  which  shall  be  paid  in  coin. 

Mr.  SHERMAN  moved  to  include  with  these 
notes,  4(  the  notes  authorized  by  the  act  of  July 
17,  1861 ;"  which  was  agreed  to. 

The  amendment  as  amended  was  agreed  to. 
Feb.  13 — Mr.  COLLAMEII  moved  to   strike  out 
these  words : 

And  puch  notes  herein  authorized  and  the  notes  author 
ized  by  the  act  of  July  17,  1861,  shall  be  receivable  in  pay 
ment  of  all  public  dues  and  demands  of  every  descriptor, 
and  of  all  claims  and  demands  against  the  United  States 
of  every  kind  whatsoever,  except  for  interest  upon  bonds 
and  notes,  which  shall  be  paid  in  coin,  and  shall  also  be 
lawl'ul  money  and  a  legal  tender  in  payment  of  all  debts, 
public  and  private,  within  the  United  States,  except  inter 
est  ay  aforesaid. 

Which  was  rejected — yeas  17,  nays  22,  as 
lollows  : 

YEAS— Messrs.  Anthony,  Bayard,  Collamer,  Cowan,  Fes- 
senden,  Foot,  Fot-ter,  Kennedy,  King,  Latham,  Nvsmith, 
Pcarce,  Powell,  Saulsbury,  Simmons,  Thomson,  \Villey-l7. 
NAYS— Messrs.  Chandler,  Clark,  Davis,  Dixon,  Doolittle, 
Harlan,  IJ  arris,  Henderson,  Howard,  Howe,  Lane  ol  Indi 
ana.  McDougall,  Morrill,  Pomeroy,  Rice,  Sherman,  Sumncr, 
Ten  Eyck,  Wade,  Uilkinson,  Wilson  of  Massachusetts, 
Wilson  of  Missouri-^22. 

Mr.  DOOLITTLE  moved  to  amend  the  bill  so  as 
to  make  the  notes  a  legal  tender  "  in  payment 
of  all  public  debts,  and  all  private  debts  here 
after  contracted  within  the  United  States ;" 
which  was  rejected  without  a  division. 

Mr.  KING  offered  an   amendment,  proposing, 


among  otiier  things,  to  strike  out  the  legal  ten 
der  clause ;  but  it  was  "rejected  without  a 
division. 

The  bill  was  then  passed — yeas  30,  nays  7, 
as  fol'ows  : 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Davit,  Dixon, 
Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Ilarlan, 
Harris,  Henderson,  Howard,  Howe,  Lane  of  Indiana,  La- 
tluvni,  McDouyall,  Morrill,  Pomoroy,  Rice.,  Sherman,  Siuii- 
uer,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilson  of 
Massachusetts,  Wilson  of  Missouri— 30. 

NAYS — Messrs.  Collamer,  Cowan,  Kennedy,  King,  Pearce, 
Powell,  Saulsbury— 1. 

Feb.  20 — In  'he  House,  the  question  being 
on  concurring  in  the  amendment  of  the  Senate 
making  the  interest  upon  bonds  and  notes  pay 
able  in  coin, 

Mr.  STEVENS  moved  to  include  also  "pay 
ments  to  officers,  soldiers,  and  sailors,  in  the 
Army  and  Navy  of  the  United  States,  and  for 
all  supplies  purchased  for  the  said  Gov-  rn- 
merit ;"  which  was  rejected — yeas  G7,  nays  72. 

The  amendment  of  the  Senate,  making  interest 
payable  in  coin  was  then  concurred  in — yeas 
88,  nays  55,  as  follows  : 

YEAS — Messrs.  Anemia,  Arnold,  Ashley,  Baxter,  Beaman, 
BiddU,  Jacob  B.  Blair,  George  II.  Browne,  William  G. 
Brown,  Burnham,  Calvert,  Clements,  OM,  Frederick  A. 
Conkling,  Iloscoe  Conkling,  Conway.  Covode,  Cox,  Cravens, 
CriUendrri,  Diven,  Dunlap,  Dunn,  Eliot,  Englisli,  Goodwin, 
Gridcr,  Gurley,  JIaigJd,  Hull,  Harding,  Hoi  man,  Horton, 
Johnson,  Kelley,  Knapp.  Law.  Leary,  Lehman,  Loomis, 
Lovojoy,  McKnight,  Mallor;/,  May,  Mcnzies,  Justin  S.  Mor 
rill,  Nixon,  Noble,  Norton,  Nugen,  Odrll.  Patton,  Pendleton, 
Perry,  Timothy  G.  Phelps,  Pike,  Pomercy,  Alexander 
II.  Rice,  Riddle,  Robinson,  Edward  H.  Rollins,  Jome*  & 
Rollins,  Sargent,  Sedgwick,  Sheffield,  Sherman.  Shiel,  Smith, 
John  B.  Steele,  William  G.  Stesle,  Stratton,  Benjamin  F. 
Thomas,  Francis  Thomas,  Train,  Trimble,  V<ilhin<iiglam, 
Vibbard,  Voorliees,  Charles  W.  Walton,  E.  P.  Walton, 
Ward,  Washburne,  Webster,  Whaley,  Wheeler,  WickUffe, 
Woodruff,  Wright— 08. 

NAYS— Messrs.  Aldrich,  Alley,  Babbit,  Joseph  Baily,  Baker, 
Bingham,  Francis  P.  Blair,  Samuel  S.  Blair,  Blake,  Buffin- 
ton,  Campbell,  Chamberlain,  Clark,  Davis,  Dawes,  Duell, 
Edwards,  Ely,  Feuton,  Fessenden,  Fisher,  Franc-hot,  Frank, 
Granger,  Hale,  Hancliett,  Harrison,  Hickman,  Hooper.  Ju 
lian,  William  Kellogg,  Killinger,  Lansing.  McPherson, 
Marston,  Maynard,  Moorhead,  Anson  P.  Morrill,  Nodi,  Olin, 
John  II.  Rice,  Shanks.  Sloan,  Spaulding,  Stevens.  Trow- 
bridge,  Van  Horn,  Van  Valkcnburgh,  Verree,  Wall,  Wallace, 
Albert  S.  White,  Wilson,  Windom,  Worcester — 55. 

Other  amendments  were  non-concurred  in,  and 
a  Committee  of  Conference  agreed  upon  the 
bill  as  it  became  a  law. 

One  feature  of  this  report  was  to  provide 
that  the  Treasury  notes  issued  under  tbe  bill 
should  not  be  a  legal  tender  in  payment  of  du 
ties,  and  the  duties  on  imports,  made  payable 
in  coin,  should  be  pledged  for  the  payment  of 
interest  on  the  bonds. 

The  report  was  agreed  to  in  the  House — yeas 
98,  nays  22.  The  NAYS  were — 

Messrs.  Baker,  Biddle,  Bufflnton,  Cox,  Edwards,  English, 
IT;i<]ht,  Hooper,  Johnson,  Just  in  S.  Morrill,  Oitcll,  r,-n<llrton, 
Perry,  Pike,  Robinson.  Sheffield,  William  G.  Steele,  Van 
Wyck,  Voorhees,  Wickliffe,  Wood,  Woodruff— 22. 

The  Senate  concurred  without  a  division. 

While  this  question  was  pending  before  the 
Committee  of  Ways  and  Means,  the  Secretary 
of  ihe  Treasury,  Mr.  CHASE,  addressed  them  a 
letter,  from  which  this  is  an  extract : 

TREASCHY  DEPARTMENT,  January  29, 1862. 

Sm:  I  have  the  honor  to  acknowledge  the  receipt  of  a 
resolution  of  the  Committee  of  Ways  and  Means,  roll  -ring 
me  to  House  bill  No.  240,  and  requesting  my  opinion  as  to 
the  propriety  and  necessity  of  its  immediate  passage  by 
Congress. 

The  condition  of  the  Treasury  certainly  renders  immedi 
ate  action  on  the  subject  of  affording  provision  for  the  e  • 


THE    FINANCES. 


359 


penditnres  of  the  Government,  both  expedient  and  neces 
sary.  The  general  provisions  of  the  bill  submitted  to  me, 
•ee'm  to  me  well  adapted  to  the  end  proposed.  There  are, 
howevwr,  some  points  which  may,  perhaps,  be  usefully 
amended. 

The  provision  making  United  States  notes  a  legal  tender 
has  doubtless  I  teen  well  considered  by  the  committee,  and 
their  conclusion  needs  no  support  from  any  observation  of 
mine.  1  think  it  my  duty,  however,  to  say,  that  in  respect 
to  this  provision  my  reflections  have  conducted  me  to  the 
name  conclusions  they  have  reached.  It  is  not  unknown 
to  them  that  I  have  felt,  nor  do  1  wish  to  conceal  that  I  now 
feel,  a  great  aversion  to  making  anything  but  coin  a  legal 
tender  in  puyment  of  debts.  It  has  been  my  anxious  wish 
to  avoid  the  necessity  of  such  legislation.  It  is,  however, 
at  present  impossible,  in  consequence  of  the  large  expendi 
tures  entailed  by  the  war,  and  the  suspension  of  the  banks, 
to  procure  sufficient  coin  for  disbursements;  and  it  has, 
therefore,  become  indispensably  necessary  that  we  should 
resort  to  the  issue  of  United  States  notes.  The  making 
them  a  legal  tender  might,  however,  still  bo  avoided  if  the 
willingness  manifested  by  the  people  generally,  by  railroad 
companies,  and  by  many  of  the  banking  institutions,  to 
receive  and  pay  them  as  money  in  all  transactions  were 
al  ,«<lutely  or  practically  universal ;  but,  unfortunately,  there 
are  some  persons  and  some  institutions  which  refuse  to  re 
ceive  and  p:>.y  them,  and  whose  action  tends  not  merely  to 
the  unnecessary  depreciation  of  the  notes,  but  to  establish 
discrimination  in  business  against  those  who,  in  this  mut 
ter,  give  a  cordial  support  to  the  Government,  and  in  favor 
of  those  who  do  not.  Such  discriminations  should,  if  pos 
sible,  be  prevented  ;  and  the  provision  making  the  notes  a 
legal  tender,  in  a  great  measure  at  least,  prevents  it,  by  put 
ting  all  citizens,  in  this  respect,  on  the  same  level  both  of 
riglits  and  duties. 

The  committee,  doubtless,  feel  the  necessity  of  accom 
panying  this  measure  by  legislation  necessary  to  secure  the 
highest  credit  as  well  as  the  largest  currency  of  these  notes. 
This  security  c;m  be  found,  in  my  judgment,  by  proper  pro- 
yisions  fur  funding  them  in  interest  bearing  bonds,  by  \vell- 
guarded  legislation  authorizing  banking  associations  with 
circulation  based  on  the  bonds  in  which  the  notes  are  fund 
ed,  and  by  a  judicious  system  of  adequate  taxation,  which 
will  not  only  create  a  demand  for  the  notes,  but — by  secur 
ing  the  prompt  payment  of  interest — raise  and  sustain  the 
credit  of  the  bonds.  Such  legislation,  it  may  be  hoped,  will 
divest  the  legal  lender  clause  of  the  bill  of  injurious  ten 
dencies,  and  secure  the  earliest  possible  return  to  a  sound 
currency  of  coin  and  promptly  convertible  notes. 

I  beg  leave  to  add  that  vigorous  military  operations  and 
the  unsparing  retrenchment  of  all  necessary  expenses  will 
also  contribute  essentially  to  this  desirable  end. 

******* 

I  have  the  honor  to  be,  with  very  great  respect,  yours 
truly,  S.  P.  CHASE. 

Hon.  THADDEUS  STEVKNS,  Chairman. 

During  the  pendency  of  this  question, 
18G2,  January  15 — Mr.  CORNING  offered  this 
joint  resolution  : 

Resolved,  d-c.,  That  in  order  to  pay  the  ordinary  expenses 
of  the  Government,  the  interest  on  the  national  loans,  and 
have  an  ample  sinking  fund  for  the  ultimate  liquidation  of 
the  public  debt,  a  tax  shall  be  imposed,  which  shall,  with 
the  tariff  on  imports,  secure  an  annual  revenue  of  not  less 
than  $150,000,000. 

Which  was  adopted — yeas  133,  nays  6.  The 
NAYS  were  : 

Messrs.  Allen,  Norton,  Robinson,  Shiel,  Voorhees,  Wood— 6. 
The  following  Democrats  voted  aye  : 

Messrs.  Ancona,  Joseph  Baibj,  Charles  J.  Biddle,  G.  H. 
Browne,  (.'.  B.  Calcerl,  G.  T.  Cobb,  E.  Corning,  S.  S.  Cox,  J. 
W.  Crixfidd,  Orittenden,  Dunlap,  J.  E.  English,  Grider,  E, 
Huufhl,  A.  Harding,  W.  S.  Hoi  man,  P.  Jo)mson,  J.  Lazear, 
W.  K  LJnnan,  R.  Mallory,  J.  W.  JUrmics,  J.  R.  Morris, 
W.  P.  Noble,  J.  W.  Nodi,  R.  II.  Nuf/rn,  Odell,  G.  If.  Pen- 
dMon,  N.  Perry.  J.S.  Rollins,  W.  P.  Sli-flield,  J.  B.  Steele, 
W.  (i.  Sk:ele,  C.  L.  rullan/lijham,  <.'.  Vibbard,  Wadsworth, 
E.  Ward,  C.  A.Wicldiffc,  G.  C.  Woodruff,  II.  B.Wright— 38. 

January  17 — The  Senate  passed  the  resolu 
tion—yeas  30,  nays  1,  (Mr.  Powell.) 

SMALL  BANK  NOTES — VETO  MESSAGE. 

To  the  Senate  of  the  United  Stntcs  : 

The  bill  which  has  passed  the  House  of  Rep 
resentatives  and  the  Senate,  entitled  "An  act 
to  repeal  that  part  of  an  act  of  Congress  which 


prohibits  the  circulation  of  bank  notes  of  a  lesa 
denomination  than  five  dollars  in  the  District 
of  Columbia,"  has  received  my  attentive  con 
sideration,  and  I  now  return  it  to  the  Senate, 
n  which  it  originated,  with  the  following  ob 
jections  : 

1.  The  bill    proposes  to  repeal  the  existing 
legislation,  prohibiting  the  circulation  of  bank 
notes  of  a  less  denomination  than  live  dollars 
within  the  District,  of  Columbia,  without  per 
mitting  the  issuing  of  such  bilU  by  banks  not 
now  legally  authorized  to  issue  them.     In  my 
judgment,  it  will  be  found    impracticable,  in 
the  present  condition  of  the  currency,  to  make 
such  a  discrimination.     The  banks  hdvc  gener 
ally  suspended  specie  pa\ merits;  and  a  legal 
sanction  given  to  the  circulation  of  the  irre 
deemable  notes  of  one  class  of  them,  will  almost 
certainly  be  so  extended,  in  practical  operation, 
as  to  include  those  of  all  classes,  whether  author 
ized  or  unauthorized.     If  this  view  be  correct, 
the  currency  of  the  District,  should  this  act 
become  a  law,  will  certainly  and  greatly  de 
teriorate  to  the  serious  injury  of  honest  trade 
and  honest  labor. 

2.  This  bill  seems  to    contemplate    no    end 
which  cannot  be  otherwise  more  certainly  and 
beneficially  attained.     During  the  existing  war, 
it  is  peculiarly  the  duty  of  the  National  Gov 
ernment  to  secure  to  the  people  a  sound  circu 
lating  medium.      This  duty  has   been,    under 
existing  circumstances,  satisfactorily  perform 
ed,  in  part  at  least,  by  authorizing  the  issue  of 
United  States  notes,  receivable  for  all  Govern 
ment  dues  except  customs,  and  made  a  legal 
tender  for  all  debts  public  and  private,  except 
interest  on  the  public  debt.     The  object  of  the 
bill  submitted  to  me,  namely,  that  of  providing 
a  small  note  currency  during  the  present  sus 
pension,  can  be  fully  accomplished  by  authoriz 
ing  the  issue — as  part  of  any  new  emission  of 
United    States    notes    made    necessary    by  the 
circumstances  of  the  country — of  notes   of  a 
similar    character,    but   of   less    denomination 
than  five  dollars.     Such  an  issue  would  answer 
all  the  beneficial  purposes  of  the  bill ;    would 
save  a  considerable  amount  to  the  treasury,  in 
interest ;   would  greatly  facilitate  payments  to 
soldiers   and   other  creditors  of   small    sums  ; 
and  would  furnish  to  the  people  a  currency  as 
safe  as  t.heir  own  Government. 

Entertaining  these  objections  to  the  bill,  I 
feel  myself  constrained  to  withhold  from  it  my 
approval,  and  return  it  for  the  further  considera 
tion  and  action  of  Congress. 

ABRAHAM    LINCOLN. 

June  23,  1862. 


State  Taxation. 

First  Session.  Thirty-Eighth  Congress. 

June  22 — The  loan  bill  before  the  House  in 
Committee  of  the  Whole,  and  the  question  be 
ing  on  the  first  section,  authorizing  a  loan  of 
$400,000,000,  closing  with  this  clause: 

And  all  bonds,  Treasury  notes,  and  other  obligations  ol 
the  United  States  shall  lie  exempt  from  taxation  by  or 
under  State  or  municipal  authority. 

Mr.  HOLMAN  moved  to  strike  out  the  clause, 
which  was  agreed  to — yeas  61,  nays  44. 


THE    FIN'ANVES. 


Mr.  HOLMAN  moved  to  insert  at  the  end  of 
the  first  section  these  words  : 

And  that  the  bonds  and  other  obligations  issued  under 
this  act  shall  be  subject  to  State  and  municipal  taxation. 

Mr.  NOBLK  moved  to  amend  the  amendment 
by  substituting  the  following  : 

And  all  bonds,  Treasury  notes,  and  other  obligations  of 
the  United  States,  shall  be  subject  to  State  and  municipal 
luxation,  on  equal  terms,  the  same  as  other  property. 

Winch  was  rejected. 

Mr.  KERNAN  moved  this  substitute  for  Mr. 
HOLMAN'S  amendment  : 

And  that  the  owners  of  the  bonds  and  obligations  issued 
under  and  by  virtue  of  the  provisions  of  this  act  shall  be 
liable  to  State  and  municipal  taxation  upon  the  value 
thereof  to  the  same  extent  as  they  are  liable  to  such  taxa 
tion  upon  any  other  securities  or  similar  personal  estate 
owned  by  them. 

Mr.  HOLMAN  accepted  the  amendment,  which 
was  rejected — yeas  56,  nays  59. 

Jiu-e  23 — Pending  the  consideration  of  the 
loan  bill  in  the  House,  being  in  Committee  of 
the  Whole, 

Mr.  STEVENS  offered  this  substitute  for  the 
bill: 

That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  to  borrow,  from  time  to  time,  on  the  credit  of 
the  United  States,  $400,000,000,  for  the  service  of  the  fiscal 
year  ending  June  30, 1805,  and  to  issue  therefor,  coupon  or 
registered  bonds  of  the  United  States,  redeemable,  at  the 
pleasure  of  the  Government,  after  any  period  not  less  than 
five  nor  more  than  thirty  years,  and,  if  deemed  expedient, 
made  payable  at  any  period  not  more  than  forty  years  from 
date,  payable  in  coin.  And  said  bonds  shall  be  of  such 
denominations  ;is  the  Secretary  of  the  Treasury  shall  direct, 
not  less  than  fifty  dollars,  and  bear  an  annual  interest  not 
exceeding  eight  per  cent.,  payable  semi-annually,  and  the 
interest  on  all  bonds  heretofore  issued,  payable  annually, 
may  be  paid  senii-unnu.-lly :  and  in  lieu  of  such  bond,  au 
thorized  to  be  issued,  the  Secretary  of  the  Treasury  may 
issue  bonds,  bearing  interest,  payable  semi-annually.  And 
ho  may  also  issue  in  exchange  for  Treasury  notes  hereto 
fore  issued  bearing  seven  and  three  tenths  per  cent,  inter 
est,  besides  the  six  per  cent,  bonds  heretofore  authorized, 
like  bonds  of  the  denomination  of  i?100  and  of  $oO.  And 
all  bonds,  Treasury  notes,  and  other  obligations  of  the 
United  States  shall  be  exempt  from  taxation  by  or  under 
State  or  municipal  authority. 

Mr.  HOI-MAN  moved  to  strike  out  the  last 
sentence,  which  was  rejected,  on  division — yeas 
58,  nays  73. 

The  amendment  was  agreed  to  in  Committee, 
yeas  72,  nays  51 ;  but  immediately  after  was 
rejected  in  the  House — yeas  59,  nays  81.  as 
follows : 

YEAS — Messrs.  William  J.  Allen,  Anderson,  B,iily,  Augus 
tus  C.  Baldwin,  Baxter,  Blair,  Blow.  Boyd,  Brooks,  Broom- 
all.  William  G.  Brown.  Cole,  Dawson,  Denison,  Donnelly, 
Eden,  E!(lri<lqr,  Farnsworth,  G rider,  Harding,  Benjamin  G. 
Harris,  Iligb'y,  H'olman,  Hotehkiss,  Asahel  W.  Hubbard, 
Ingersoll,  1'lril.ip  Jolmson,  William  Johnson,  KaWfieitch, 
Knapp,  Law,  Loan,  Long,  Murcy,  McAllister,  McClurg, 
McDfiwdl,  Willimn,  IT.  Miller,  Moorhead,  James  K.  Morris, 
Mnrrison,  Amos  Myers,  John  O'Neill,  Orth,  Robinson,  Ross, 
Scott.  Shannon.  John  B.Stcelc,  Stevens,  Sweat,  Thayer,  Van 
Valkenburgh,  Whaley,  Wheeler,  Vhiltmi  A.  White,  Joseph 
W.  White,  Wilson,  Winfield— 5'J. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Ancona,  Arnold, 
Ashley,  John  1).  Baldwin,  Beaman.  Blaine,  Boutwell.  Am 
brose  \V.  Clark,  Freeman  Clarke,  Cobb,  Creswell,  Thomas 
T.  Davis,  Davves,  Dixon,  Driggs,  Eckley,  Edgerton,  Eliot, 
lynglixli,  Fcnton,  Finck,  Frank,  Gunson,  Garlield,  Gooch, 
Griswold,  Hale,  Her  rick,  Hooper,  John  II.  Hubbard,  Hul- 
burd,  .Teiu-kes,  Julian,  Kelley,  Francis  W.  Kellogg,  Orlando 
Kellogg,  Kernan,  Knox,  Longyear.  Marvin,  McBride,  Sam 
uel  F.  Miller,  Morrill,  Baniel  Morris.  Leonard  Myers,  Noble, 
Norton,  (We//,  Charles  O'Neill,  Patterson,  Pendleton,  Per- 
ham,  Pike,  Pomeroy.  Price,  Pruyn,  Rudford,  Samuel  J. 
Randa'l,  John  II.  Rice,  Edward  H.  Rollins,  James  S.  Rol 
lins,  Schenck,  Scofleld,  Sloan,  Smithers,  Spalding,  William 
G.  S^rel;;  Stiles,  Hrouse,  Stuurf.  Upson,  Ward,  Ellilm  B. 
Washburne,  William  B.  Washburn,  Webster,  Williams. 
JJenjamin  Wood,  Fernando  Wood — 81. 


Mr.  I'oMKrtOY  mow  -   this   substitute  for  th« 
I  second  section  of  tht  oill : 

SEC.  2.  Ami  be  it  f art  fie,  enacted,  That  the  Secretary  of 
the  Treasury  may  issue,  npoii  the  credit  of  the  United 
States,  bonds  of  any  denomination  not  less  than  $100,  pay- 
<  able  in  lawful  money,  th.ve  years  from  the  date  then-of, 
|  and  bearing  interest  not  exceeding  eight  per  cent,  per  an 
num,  payable  semi-annually  in  lawful  money,  and  may 
!  receive  at  par  therefor  the  lawful  money  of  the  United 
I  States,  Treasury  notes,  certificates  of  indebtedness,  or  cer 
tificates  of  deposit  issued  under  any  act  of  Congress.  And 
the  Secretary  of  the  Treasury,  in  addition  to  the  total 
amounts  of  bond*  authorized  by  the  first  and  second  sec 
tions  of  this  act,  shall  issue  at  par,  in  redemption  of  any 
o  .tstandiug  notes,  certificates  of  deposit,  certificate?  of  in 
debtedness  of  the  Unite  I  States,  bonds  similar  to  those 
hereinbefore  in  this  second  section  authorizi  d,  in  denomi 
nations  of  not  less  than  8100,  or  of  like  denominations 
similar  to  thrse  authorized  by  the  first  section,  and  pay 
able  five  years  from  date,  wiih  int  rest  at  six  percent., 
payable  semi-annually.  And  the  Secretary  of  the  Treas 
ury  is  further  authorized  to  issue,  in  lieu  of  any  bonds 
heretofore  authorized  by  law,  and  not  now  issued  in  pur 
suance  thereof,  bonds  similar  to  and  in  the  denominations 
hereby  authorized.  All  outstanding  notes,  other  than 
United  States  notes,  shall  cease  to  be  a  legal  tender  in  pay 
ment  of  public  or  private  indebtedness  on  and  after  the  1st 
day  of  October,  1804.  Aid  no  notes,  other  than  United 
States  notes,  shall  hereafter  be  issued  or  reissued.  Nor 
shall  the  total  amount  of  United  States  notes  issued  or  to 
be  issued  ever  exceed  $400,000.000, and  such  additional  sum, 
not  exceeding  $50,000.000,  as  may  be  temporarily  required 
for  the  redemption  of  temporary  loan. 

Which  was  rejected — yeas  44,  nays  81,  aa 
follows  : 

YKAS — Messrs.  Ancona,  Augustus  C.  Baldwin,  Brrx>ks, 
William  G.  Brown,  Freeman  Clarke,  Co/froth,  Cole,  Cravens, 
Creswell,  Dawes,  Dawson,  Edgerton,  English,  Farnsworth, 
Gansvn,  Griswold,  Harrington,  Hcrrick,  Ilolnuni,  Hotch 
kiss.  Jenckes,  Kalbjleisch,  Kernan,  Law,  Alarcy,  Samuel  V. 
Miller,  James  R.  Morris.  Morrison,  Kelson,  Oi.'ell.  Pike, 
Pomeroy,  Price,  Pi~uyn,  Jamw  8.  Rollins.  Ross,  Scotield, 
John  B.  SteeJe,  Thayer,  Van  Valkenburgh,  William  B.  Wash- 
burn,  Whaley,  Wheeler,  Wilson — 44. 

NATS — Messrs.  William  J.  Allen,  Alley,  Allison.  Ames, 
Arnold,  Ashley,  Baily,  John  D.  Baldwin,  Baxter,  Bcamau, 
Blair,  Blow,  Boutwell,  Boyd,  Broomall,  James  S.  Brown, 
Ambrose  W.  Clark,  Cobb,  Thomas  T.  Davis,  Denison,  Dixon, 
Donnelly,  Driggs,  Eden,  Eldridge,  Eliot,  Frank,  Gooch, 
Hale,  Harding,  Benjamin  G.  Harris,  Hooper,  Asahel  W. 
Hubbard,  John  II.  Hubbard,  Hulburd,  Philip  Johnson,  Ju 
lian,  Kelley,  Francis  W.  Kellogg,  Orlando  Kellogg,  K»"i>]>, 
Knox,  Loan,  Long,  Longyear,  McAllister,  McBride, Mcf'lurg, 
Wm.  II.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos 
Myers,  Leonard  Myers,  Noble,  Norton,  Charles  O'Neill,  John 
O'*.AW//,Orth,  Perliam,  John  II.  Rice,  E.  H.  Rollins,  Schenck, 
Shannon,  Sloan.  Smithers,  Spalding,  Wm.  G.  Merle,  Stevens, 
Stiles,  Strouse,  Stuart,  Tracy,  Upson,  Ellihu  B.  Washburne, 
Webster,  Williams,  Wiudom,  Winjield,  Benjamin  Wood,  Fer 
nando  Wood—Si. 

The  bill  then  passed  without  the  yeas  and 
nays  being  ordered. 

June  27 — The  bill  was  slightly  amended  in 
the  Senate,  and  passed  without  a  division. 

STATE  TAXATION AGAIN. 

June  28 — On  concurring  in  Senate  amend 
ments,  Mr.  HOLMAN  moved  to  add  this  proviso 
to  one  of  them : 

Provided,  That  nothing  in  this  act  shall  impair  the  right 
of  the  States  to  tax  the  bonds,  notes,  and  other  obligations 
issued  under  this  act. 

Which  was  rejected — yeas  71,  nays  77,  as 
follows  : 

YEAS— Messrs.  Wittiam  J.  Allen,  Ancona,  Bliss,  Brookt, 
James  N.  Brown,  Chanler,  Coffroth,  Lox,  Craven*.  Lawes, 
Dawson,  Denis  m,  Eden.  Edge/ ion,  Eldridge.  English,  Finck, 
Gmso",  Grider.  Griswold.  Harding,  Harrington.  <'h<irtrs 
M.  Harris.  Herric'^  Holman,  HotchUSus,  Hutchins,  Philip 
Johnson,  William  Johnson,  Kalhjleisch,  Kernan,  Kn "/> •', 
Law.  Lazear,  Le  Blond,  Long,  Mallory,  Alarcy,  McDowell, 
Mrl.hnny,  Middlfton,  Samuel  F.  Miller,  William  II.  Mil 
ler,  James  R  Morris,  Morrison,  Noble,  John  O  Neill.  Pen- 
dleton,  Perry,  Pomeroy,  Pruyn.  Radford.  Samuel  J.  Ran 
dall,  Robinson.  Ross,  John  B.  Sleek.  William  G.  Steely 
Stiles.  Strouae,  Stuart,  Sweat,  Thomas,  Tracy,  Van  Vulken- 


THE    FINANCES. 


351 


biir»li,  Wadsworth,  Ward,  Whaley,  Wheeler,  Chilian  A. 
W:,ite.  Joseph  W.  White,  Wit  field— 71. 

XATS Messrs   Alley,  Allieim,    Ames,    Anderson,  Arnold, 

John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Blair,  Blow, 
Bontwt-11,  B  >yd,  Brc.omall,  William  0.  Brown,  Cobh,  Cole, 
Cr  swell,  lle-.ry  Winter  Davin,  Thomas  T.  Davig,  Demies, 
Dixo'  Donnelly,  Dmgs,  Kckley,  Eliot,  Fenton,  Garfield, 
Gooo',,  Hale,  Hi? by,  Hooper .  Asahfl  \V.  Hubbard,  John  II. 
Hubbard  Hiilburd,  Ingersoll,  Jenckes.  Julian,  Keiley, 
Fiancis  W.  Kellogg  Orlando  Kellogg,  LittUyohn,  Loan, 
Lom'year.  Marvin,  McBride,  McClurg,  Mclndoe,  Aloorhead, 
Daniel  Morris.  Amos  Myers,  Leonard  Myers,  Norton,  Chas. 
O'Neill,  <>rth,  Perham,  Pike,  Alexiimler  II.  Rice,  John  H. 
Ilice.  Edward  H.  Rolling tchenclc,  Scifield,. Shannon,  Sloan, 
Smith,  SmitherSjSpalding,  Stevens,  Thayer,  Upson,  Ellibn 
B.  Washhnrue,  Wm.  B.  Washburn,  Webster,  Williams, 
Wilder,  Wilson,  Wiiu'om— 77. 

Taxation. 

•THE  INTERNAL  REVENUE  AND  TARIFF  ACT  OF  1861. 

First  Session,  Thirty-Seventh  Congress. 

The  bill  to  provide  increased  revenue  from 
imports,  &c.,  passed  the  House  August  2,  1861 
— yeas  89,  nays  39.  The  NAYS  were  : 

Messrs.  A  ttr.n,  Ancona,  Beaman,  Burnett,  Cox,  Cravens,  Crit- 
tcndcn,  Dunlap,  English,  G rider,  Haight,  Hardiny,  IMman, 
Jackson.  Johnson,  Law,  Lo'/an,  Mallory,  Ma.>/,  Menzies,  Mor 
ris,  Noble,  Norton,  Ode.ll,  rendition,  Reid,  James  S.Rollins, 
S/iiel,  Smith,  Tro.vbridge,  Valla  ndif/ham,  Vibbard,  Voorhecs, 
Wadsworth,  Ward,  Webster,  ChiUon  A.  White,  Woodruff, 
Wright— 39. 

Same  day,  it  passed  the  Senate — yeas  34, 
nays  8,  ( .Messrs.  Breckinridge,  Bright,  Johnson 
of  Missouri,  Kennedy,  Latham,  Polk,  Powell, 
Saulsbury. ) 

THE   INTERNAL  REVENUE  ACT    OF    1862. 

Second  Session,  Thirty-Seventh  Congress. 
1862,  April  8 — The  House  passed  the  bill  to 
provi  ie  internal  revenue,  support  the   Govern 
ment,  and  pay   irit  rest  on   the   public  debt — 
yeas  126,  nays  15.     The  NAYS  were — 

Messrs.  William  Allen,  George  H.  Brvwne,  Buffinton,  Cox, 
Kerrigan,  Knapp,  Law,  Norton,  Pendleton,  Richardson, 
Shiel,  Fallandigham,  Voorhees,  Chilian  A.  White,  WtekKffe 
—15. 

June  6 — Tb<j  bill  passed  in  the  Senate — yeas 
37,  nay  1,  (Mr.  Powell.) 

TAX    ON    SLAVES. 

While  this  bill  was  pending  in  the  House, 

April  8 — Mr.  BLAIR,  of  Missouri,  offered  this 
as  a  new  section  : 

§EC.  — .  That  any  person  who  shall  claim  to  own  the  ser- 
Tice  or  labor  for  life  of  any  person  under  the  laws  of  any 
State,  shall  pay  on  account  of  the  service  of  each  person 
«o  bold  the  sum  of  two  dollars. 

Which  was  rejected — yeas  51,  nays  76,  as 
fellows : 

YEAS— Messrs.  Aldrich,  Arnold,  Babbitt,  Baxter,  Beaman, 
Francis  P.  Blair,  Samuel  S.  Blair,  Blake,  Campbell,  Clark, 
Clements,  Colfax,  Frederick  A.  Coukling,  lioscoe  Conkling, 
Covode,  Davis,  Dawes,  Duell,  Edgerton,  Eliot,  Fessenden, 
Ourley,  Hanrhett,  llickmau,  Keiley,  Francis  W.  Kellogg, 
Killinger,  Lansing,  Loomis,  McPherson,  Mitchell,  Moor- 
head,  Ansou  P.  Mori  ill,  Justin  S.  Morrill,  Olin,  Patton,  Pike, 
John  H.  llice,  Edward  II.  Rollins,  Shanks,  Sherman,  Sloan, 
Spuulding,  Stevens,  Van  Valkenburgh,  Verree,  Wallace,  E. 
P.  Walton,  Wheeler.  Wilson,  Windom— 51. 

NAYS— Messrs.  Allen,  Alley,  Baker,  Biddle,  Bingham, 
Jacob  B.  Blair,  William  G.  Brown,  Buffinton,  Culvert,  Cham- 
borliiin,  Cohbt  Corning,  Cox,  Cravens,  Crittenden,  Delaplaine, 
Diven,  Dunlap,  Dunn,  Edwards,  English,  Fisher,  Frank, 
Granger,  GriUcr,  Haiglit,  Hale,  Hall,  Harding,  Harrison, 
Hooper,  Horton,  Hutchins,  Julian,  Kerrigan,  Knapp,  Law, 
Lu~>ar,  Leury,  Le/iman,  Lovejoy,  Mallory,  Mrnzies,  Noble, 
Nof.ll,  Norton,  Niiam,  Pendlf.ton,  Ptrry,  Timothy  G.  Phelps, 
Pomoroy.  Porter,  Potter,  Price,  Alexander  H.  Nice,  Kiddle, 
Jamrt  8,  R'.llhis,  Sargent,  Sheffield,  Sheihil  larger,  Slnel,  Smith, 
.loJin  B.  S'ff.lc,  William  G.  Slrele,  Stratton,  Benjamin  F. 
Thomas,  Francis  Thomas,  Trowbridge,  Vallandinham,  Vau 
Horn.  Wi'dsworth,  Webster,  Albert  S.  White,  C/ulfon  A. 
White,  Wicklifle,  Wright— ^76. 


IN  SENATE. 

May  29 — Mr.  SUMNER  offered  this  new  section: 

That  an  annual  tax  of  five  dollars  shall  be  paid  by  ever  j 
person  or  persons,  corporation,  or  society,  for  and  on  ,«•- 
count  of  the  service  or  labor  of  every  other  pers'  A  between 
the  ages  of  ten  and  sixty-five  years,  whose  service  or  labor, 
for  a  term  of  years  or  for  life,  is  claimed  to  be  owned  ty 
such  first  mentioned  person  or  persons,  corporation,  or  so 
ciety,  whether  in  a  fiduciary  capacity,  or  otherwise,  under 
and  by  virtue  of  the  laws  or  customs  of  any  State;  and 
said  annual  tax  shall  be  levied  and  collected  of  the  person 
or  persons,  corporation,  or  society,  making  such  claim,  ana 
of  their  goods,  chattels,  or  land's,  as  is  hereinbefore  pro 
vided;  but  in  no  case  shall  the  person  or  persons  whose 
service  or  labor  is  so  claimed,  or  their  service  or  labor,  bo 
sold  for  the  purpose  of  collecting  said  tax:  Provided,  That 
this  tax  shall  not  apply  to  service  due  to  parents. 

Mr.  HENDERSON  moved  to  add  this  proviso: 

That  the  tax  herein  prescribed  shall  not  be  levied  or 
collected  in  any  State  where  a  system  of  gradual  emanci 
pation  may  have  been  adopted  at  the  time  of  the  collection. 

Which  was  rejected — yeas  15,  nays  20,  as 
follows : 

YEAS — Messrs.  Browning,  Dixon,  Doolittle,  Grimes,  Hale, 
Harliin,  Harris,  Howe,  Lane  of  Indiana,  Pomeroy,  Sher 
man,  Ten  Eyck,  Wiley,  Wilson  of  Massachusetts,  Wright, 
—15. 

NAYS— Messrs.  Anthony,  Carlih,  Chandler,  Clark,  Col- 
lamer,  Cowan.  Davis.  Fessendeu,  Foster,  Howard,  Kennedy, 
King,  Lane  of  Kansas,  Morrill,  Powell,  Sutdsbury,  Sumner, 
Trumbull,  Wilkinson,  Wilmot— '20. 

Mr.  FESSENPEN  moved  to  amend  Mr.  ^DM- 
NEK'S,  by  reducing  the  tax  from  five  to  two 
dollars,  which  was  agreed  to : 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Cowan,  Dans,  Dixon,  Doolittle,  Fessenden,  Foster, 
Grimes,  Hale,  Harlan,  Harris,  Howard,  Howe,  Kennedy, 
Lane  of  Indiana,  Lano  of  Kansas,  Morrill,  Powell,^  Sher 
man,  Simmons,  Ten  Eyck,  Wade,  Willey,  Wrinl  I — 28. 

NATS — Messrs.  Carlile,  King,  Latham,  NcDoiigall,  Porne- 
roy,  Saulsbury,  Sumner,  Trumbull,  Wilmot,  Wilson  of  Mas 
sachusetts — 10. 

Mr.  SUMNER'S  amendment  was  then  rejected 
— yeas  14,  nays  22,  as  follows  : 

YEAS— Messrs.  Anthony,  Clark,  Fessenden,  Grimes,  Har- 
lan,  Howard,  Howe,  King,  Lane  of  Kansas,  Morrill,  Sim 
mons,  Sumner,  Trumbull,  Wade — 14. 

NAYS— Messrs.  Bayard,  Browning,  Carlile,  Cowan,  Davis, 
Dixon,  Doolittle,  Foster,  Hale,  Harris,  Kenned;/,  Lane  of 
Indiana,  Latham,  McDougall,  Pomeroy,  Powell,  Saulsbury, 
Sherman,  Ten  Eyck,  Willey,  Wilson  of  Massachusetts, 
Wright— "XL 

June  5 — Mr.  SUMNER  offered  this  as  a  new 
section  : 

That  every  person  claiming  the  service  or  labor  of  any 
other  person  as  a  slave,  shall  pay  a  tax  of  two  dollars  on 
account  of  every  person  so  claimed.  But  in  no  case  shall 
any  person  so  claimed  be  sold  for  the  purpose  of  collecting 
the  tax. 

Which  was  agreed  to — yeas  19,  nays  16,  as 
follows  : 

YEAS— Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Fed- 
seuden,  Foot,  Grimes,  Harlan,  Howard,  Howe,  King,  Mpr- 
rill,  Pomeroy,  Rice,  Simmons,  Sumner,  Wilkinson,  Wil 
mot— 19. 

NAYS — Messrs.  Browning,  Carlile,  Cowan,  Davis,  Dixon, 
Doolittle,  Foster,  Hale,  Lane  of  Indiana,  Latham,  Nesmith, 
Powell,  Willey,  Wilson  of  Massachusetts,  Wright— 16. 

June  6 — Mr.  ANTHONY  moved  to  reconsider 
this  vote ;  which  was  agreed  to — yeas  22,  nays 
18,  as  follows  : 

YEAS — Messrs.  Bayard,  Browning,  Carlile,  Cowan,  Darns, 
Dixon,  Doolittle,  Foster,  Hale,  Harris,  Kennedy,  Lane  of 
Indiana,  Latham,  McDougall,  Nesmith,  Powell,  Rice,  Sauls- 
bury,  Stark,  Ten  Eyck,  Willey,  Wright— 22. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Fessenden, 
Foot,  Grimes,  Harlan,  Howard,  Howe,  King,  Morrill, 
Pomeroy,  Simmons,  Sumner,  Trumbull,  Wade,  Wilkinson. 
Wilmot— 18. 

Mr.  HOWE  moved  to  amend  the  amendment 
by  inserting  after  the  word  "  claimed "  th« 
words,  "  except  tbose  under  ten  and  over  sixty 


862 


THE   FINANCES. 


years  of  age,"  which  was  agreed  to,  and  the 
amendment,  as  amended,  was  then  rejected  — 
17,  nays  23,  as  follows  : 


YKAS  — Messrs.  Anthony,  Chandler,  Clark,  Fessenden, 
Foot,  Crnios,  Hailan,  Howard,  Howe,  King,  Morrill,  Sim 
mons,  Svnixur/lYumMill,  Whda,  Wilkinson,  Wilmot— 17. 

NATS — MesbTS.  Eayard,  Browning,  Carlile,  Cowan,  Davis, 
Dixon,  Docli'tn,  Fos.ter,  Hale,  Harris,  Kennedy,  Lane  of 
Indiana,  Latham  Aft  Dour/all,  Nesnu'th,  Powell,  Rice,  Sauls- 
Iwri/,  Stark.  Ten  Evck,  Willey,  Wilson  of  Mass.,  WnglU 
—23. 

First  Session,  Thirty-Eighth  Congress. 

INTERNAL  HKVKNUE  ACT  OF   1864. 

April  28 — The  House  passed  the  act  of  1864 
— yeas  110,  nays  3i\  The  NAYS  were: 

Messrs.  James  C.  A  Hen,  Wiltiumj.  Allen,  Ancona,  Brooks, 
C  harder,  Cox,  Dawso-it,  .T>em'sw:,  Eden,  Eldndge,  Finck^  > 
Hc.rringt(m,  hmjnmin  G.  .Uarn's.  Herrick,  Philip  Johnson, 
William,  Johnson-,  Knapp,  L^iv,  Le  Blond,  Long,  Marcy, 
McDowell,  McKinney,  Jcm^s,  JK.  Morris,  Morrison,  Noble. 
Jolm  O'Neill,  Pc.ndleton,  Fr;iy.  liobinson,  Ross,  Stiles, 
fttn;usp,  Htuart,  Voorhecs,  Wartt,  "MUon  A.  White,  Joseph 
W.  White,  Fernando  Wood,- 39. 

June  6 — The  .Senate  amevidod  and  passed  the 
bill — yeas  22,  nays  3,  (Meuu'X.  Davis,  Ilendricks, 
Powell. ) 

The  bill,  as  finally  agreed  upon  by  a  Com 
mittee  of  Conference,  passed  Vithout  a  division. 


TARIFF  ACT  OF   1&13. 

Second  Session,  Thirty-Sevuuih  Congress. 
IN  HOUSE. 

1862,  July  1  —  The  House  parsed,  without  a 
division,  a  bill  increasing  tempoi-wily  the  duties 
on  imports,  and  for  other  purpo.sus. 

July  8  —  The  Senate  passed  iv  without  a  di 
vision. 

THE  TARIFF  ACT  OF  ISVfl- 

June  4  —  The  House  passed  the  bill—  yeas  81, 
nays  28.  The  NAYS  were  : 

Messrs.  James  C.  Allen,  Bliss,  James  S.  Bi  w»w,  Cox,  Edger- 
t<m,  Eldridge,  Finch,  Grirfcr,  IfrnHng,  U  .i^.'ngtcn,  C'/ias. 
M.  I/arris,  Herrick,  Holman,  Hutchins,  ',  i  Biond,  Long, 
Mullors;,  Marcy,  McDowtll,  Morrison,  A  «<!*t,  Pcndkton, 
Perm,  Prui/n,  Ross,  WadsworLIi,  CldUonA  White,  Joseph 
W.  Wuite—  28. 

June  17  —  The  Senate  passed  tlu  mill  —  ye>»s 
22,  nays  5,  (Messrs  Buckalew,  Htn  nicks,  Mc- 
Dougall,  Powell,  Richardson.) 

TAXES  IN  INSURRECTIONARY  WISTIUC  V  >,    1862. 

Second    Session,    Thirty-Seventh  Congress. 

1862,  May  12  —  The  bill  for  the  co  lection  of 
taxes  in  the  insurrectionary  districts  passed  the 
Senate  —  yeas  32,  nays  3,  as  follows  - 

YEAS  —  Messrs.  Anthony,  Browning,  Oh*..  (Her,  Clark, 
Davis,  Dixon,  Doolittle,  Fessenden,  Foot,  K  \nter,  Ilarlan, 
Han-is,  Henderson.  Howe,  King,  Lane  of  Ir.d'ana,  Lane  of 
Kansas,  Latham,  McDouqall,  Morrill,  Nes\*  th,  Pomeroy, 
Rice,  ;  hennan,  Simmer,  Ten  Eyck.  Trumbi.  i  .  Wade,  Wil 
kinson,  Willey,  Wilson  of  MaMftchtuetta,  Ifrtj&J—  32. 

NAYS  —  Messrs.  Howard,  Powell,  Saulsbwy  -i 

May   28  —  The   bill    passed    House-  -yeas    98, 

nnys  IV.     The  NAYS  were  : 

Messrs.  Bitldle,  Calrett,  Cravens.  Johnson  ,  Ke  i  /•  ijan.  Law, 
Mallc.ry,  Mcnzies,  Noble,  Norton,  PendletMi,  Pvvy,  Francis 
Thonuks,  Vallandighum,  Ward,  WickliJJ'e,  Vroofl'--17. 

The  Democrats  who  voted  AYE  wer*  : 

Mes«rs  Anconnt.  Baily,  Cobb.  Englith.Haight.  i  i-lman,  Leh- 
«W(irt,  Ode!l.  Pttelpx.  KichanJmn,  James  K.  Rolliu,  Sheffield, 
timttli.  John  B.  HUele,  Wm.  G.  Stoele—  14. 


TAXES    IN    INSURRECTIONARY    DISTRICTS,    1864. 

IN  SENATE. 

June  21? — The  bill  passed  the  Senate  without 
a  division. 

July  2 — It  passed  the  House  without  a  di 
vision. 


The  National  Currency  Act*  of  1863. 

Third  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

1863,  February  12 — The  bill  passed — yeas  23, 
nays  21,  as  follows: 

YEAS — Messrs.  Anthony,  Arnold.  Chandler,  Clark,  Doo- 
little,  Fessenden,  Foster,  Harding,  Ilarlan,  Harris,  Howard, 
Howe.  Lane  of  Kansas,  Morrill,  Xcxmitli,  Pomeroy,  Sherman, 
Simmer,  Ten  Eyck,  Wade,  Wilkinson,  Wilmot,  Wilson  of 
23. 


*  January  17 — The  President  sent  this  message  to  Con 
gress  : 
To  the  Senate  and  House  of  Representatives: 

I  have  signed  the  joint  resolution  to  provide  for  the  imme 
diate  payment  of  the  army  and  navy  of  the  United  Stntes, 
passed  by  the  House  of  Representatives  on  the  14th  and  by 
the  Seriate  on  the  loth  instant. 

The  joint  resolution  is  a  simple  authority,  amounting, 
however,  under  existing  circumstances,  to  a  direction  to 
the  Secretary  of  the  Treasury  to  make  an  addition;.!  issue 
of  $l(K>,000,obO  in  United  States  notes,  if  s  >  much  money  is 
needed,  for  the  payment  of  the  army  and  navy. 

My  approval  is  given  in  order  that  every  possible  facility 
may  be  afforded  for  the  prompt  discharge  of  all  arrears  of 
pay  due  to  our  soldiers  ::nd  our  sailors. 

While  giving  this  approval,  however,  I  think  it  my  duty 
to  express  my  sincere  regret  that  it  has  been  found  neces 
sary  to  authorize  so  large  an  additional  issue  of  United 
States  notes  when  this  circulation,  and  that  of  the  sus 
pended  banks  together,  have  become  already  so  redundant 
as  to  increase  prices  beyond  real  values,  thereby  augment 
ing  the  cost  of  living  to  the  injury  of  labor,  and  the  cost  of 
supplies  to  the  injury  of  the  whole  country. 

It  eeeius  very  plain  that  the  continued  issues  of  United 
States  notes,  without  any  check  to  the  issues  of  suspended 
banks  and  without  adequate  provision  for  the  rai.>ing  of 
money  by  loans,  and  for  funding  the  issues  so  as  to  keep 
them  within  due  limits,  must  soon  produce  disastrous  con 
sequences.  And  this  matter  appears  to  me  so  important 
that  I  feel  bound  to  avail  myself  of  this  occasion  to  ask  the 
especial  attention  of 'Congress  to  it. 

That  Congress  has  power  to  regulate  the  currency  of 
the  country  can  hardly  admit  of  a  doubt ;  and  that  a  ju 
dicious  measure  to  prevent  the  deterioration  of  this  cur 
rency,  by  a  reasonable  taxation  of  bank  circulation  or 
otherwise,  is  needed,  seems  equally  clear.  Independently 
of  this  general  conRideration.it  would  be  unjust  to  tbe 
people  at  large  to  exempt  banks  enjoying  the  special  priv 
ilege  of  circulation  from  their  just  proportion  ol  the  public 
burdens. 

In  order  to  raise  money  by  way  of  loans  most  easily  and 
cheaply,  it  is  clearly  necessary  to  give  every  possible  sup 
port  to  the  public  credit.  To  that  end,  a  uniform  currency, 
in  which  taxes,  subscriptions  to  loans,  and  all  other  ordi 
nary  public  tin  'S,  as  well  as  all  private  dues,  may  be  p  :id, 
is  almost  if  not  quite  indispensable.  Such  a  currency  CUD 
be  furnished  by  banking  associations,  organized  under  a 
general  act  of  Congress,  as  suggested  in  my  message  at  the 
beginning  of  the  present  session.  The  securing  of  this  cir 
culation  by  the  pledge  of  United  Slates  bonds,  as  therein 
suggested,  would  still  further  iacilitat-.-  loans,  by  iuereaMng 
the  present  and  causing  a  future  demand  for  such  bonds. 

In  view  of  the  actual  financial  embarrassments  of  the 
Government,  and  of  the  greater  embarrassments  sure  to 
come  if  the  necessary  means  of  relief  be  not  afforded,  I 
feel  that  I  should  not  perform  my  duty  by  a  simple  an 
uouncemenl  of  my  approval  of  the  joint  resolution  which 
proposes  relief  only  by  increasing  circulation,  without  ex 
pressing  my  earnest  desire  that  measures,  such  in  sub 
stance  as  those  I  have  just  referred  to,  may  receive  the 
early  sanction  of  Congress. 

Bv  such  measures,  in  my  opinion,  will  payment  be  most 
wrtainly  secured,  not  only  to  the  army  and  navy,  but  to 
all  honest  creditors  of  the  Government,  and  satisfactory 
provision  made  for  future  demands  on  the  treasury. 

ABRAHAM  LINCOLN. 

January  17,  18C3. 


THE   FINANCES. 


363 


NATS — Messrs.  Carlilt,.  Collamer,  Cowan,  Davis,  Dixon 
Foot.  Grimes,  Henderson.  Hicks,  Kennedy,  King,  Latham 
M'-Doujall,  I'titcell,  Ilia, Ridtardltm.  Sautebury,  Trumbull 
Turpie,  Wall,  Wilson  of  Missouri— 21. 

IN    HOUSE. 

February  20 — The  bill  passed — yeas  78,  nays 
64,  as  follows  : 

YEAS— Messrs.  Aldrich,  Alley,  Ashley,  Babbitt,  Beaman 
Bin-ham,  Jacob  1).  Blair,  Bhtke.  Btiffinton,  advert,  Camp 
bell,  Casey,  Chamberlain,  Clements,  Colfax,  Couway,  t.o 
vode,  Cutler,  Davis,  Delano,  Dunn,  Edgerton,  Eliot,  Ely, 
Fenton,  Samuel  C.  Fessenden.  Thomas  A.  D.  Fessendcii, 
Fisher,  Frank,  Goodwin,  Granger,  lluhn,  Haight,  Ilick- 
inan,  Hooper,  Hut-chin*,  Julian,  Kelley,  Francis  W.  Kel- 
logg,  William  Kellogg,  Lansing,  Leary,  Lovejoy.  Low. 
Mcludoe,  McKean,  McPhersou,  Mai-ston,  Mayaard,  Moor- 
head,  Anson  P.  Morrill,  Noell,  Olin,  Potion,  Timothy  G. 
Phelps,  Potter,  Alexander  II.  Rice,  John  II.  Rice,  Sargent, 
Sedgwick,  Segar,  Shanks.  Shellaliarger,  Sherman,  Sloan. 
Bpuuldiug,  Stevens,  Trimble,  Trowbridgc,  Van  Horn,  Van 
Wyck,  Yerree,  Wall,  Wallace,  Wushburne.  Albert  S. 
White,  Window,  Worcester — 78. 

NAYS! — Messrs.  William  Allen-,  Ancona,  Buily  Baker 
Baxter,  Biddlt,  Cobb,  Frederick  A.  Conkling,  lloscoe  Conk- 
ling,  C'o.r,  Cravens,  OriLeaden,  Dawes,  Edwards.  English, 
Oooch,  Gridcr,  Gurley,  Ifall,  Harding,  Harrison,  H<,lman, 
Horton,  Johnson,  Kerrigan,  Knapp,  Law,  Lazear,  Loomis, 


Sl,icl,  John  B.  Stetle,  William  G.  Steele,  Stiles.  Stratton, 
Benjamin  F.  Thomas,  F.  Thomas,  Vallandighain,  Wads- 
worih,  Wheeler,  Whaley,  Chilton  A.  White,  Wichliffe,  Wil- 
uon,  Woodruff,  W fight — 04. 

THE    ACT    OP    1864. 

April  18 — The  bill  passed  the  House — yeas 
80,  nays  66,  as  follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Jacob 
B. Blair,  Boutwell,  Boyd,  Broomall,W. G.  Brown,  A.W.Clark, 
Freeman  Clarke,  Cobb,  Colo,  Creswcll,  Dawes,  Doming, 
T.  T.  Davis,  Donnelly,  Driggs,  Duinont,  Eckley,  Farnsworth, 
Fenton,  Frank,  Ganield,  Gooch,  Grinnell,  Iligby,  Hooper, 
Hotchkiss,  Asahcl  W.  Hubbarcl,  John  II.  Hubbard,  Jenckes, 
Julian,  Kasjon,  Kelley,  Francis  W.  Kellogg,  Orlando  Kel 
logg,  Loan.  Longyear,  Marvin,  McBride,  McClurg,  Mclndoe, 
Samuel  F.  Miller,  Moorhcad,  Morrill,  Daniel  Morris,  Amos 
Myers,  Norton,  Charles  O'Neill,  Orth,  Patterson,  Perham 
Price,  William  II.  Randall,  John  II.  Rice,  Edward  II.  Rol 
lins.  Shannon,  Sloan.  Smith,  Stevens,  Thayer,  Tracy,  Upson, 
Van  Valkenburg-h,  Ellihu  B.  Washburne,  William  B.  Wash- 
burn,  Webster,  \Villiams,  Wilder,  Wilson,  Windom,  Wood- 
bridge — 80. 

NAYS— Mwsrs.  J.  C.  Allen,  W.  J.Allen,  Ancona,  Baily,  A.  C. 
Baldwin,  Francis  P.  Blair,  Bliss,  Brooks,  Chanter,  Clay, 
Colj'TOt'i,  Craven?,  Dawson,  Venison,  Eden,  Eldridge,  Finck, 
Ganson,  Grider,  Gn'swold,  Hall,  Harding,  Harrington,  Ben 
jamin  G.  Harris,  Charles  M.  Harris,  Horrid;  Ilolman, 
Hatching,  William  Johnson,  Kc.rnan,  King,  Knapp,  Law, 
Lazeur,  Long,  Mallory,  Marcy,  McDowell,  McKinuey  Mid- 
dleton,  William  H.  Miller,  James  R.  Morris,  Morrison,  Nel- 
son,  Noble,  Odcll,  Pemilehm,  Pruyn,  Radford,  Samuel  J. 
Randall,  Robinson,  Rogers,  Ross,  Scott,  John  B.  Stede,  W.  G. 
Steele,  Stiles,  St rouse,  Stuart,  Thomas,  Wheeler,  Chilton  A. 
White,  Joseph  W.  White,  Winjield,  Fernando  Wood  Yea- 
man— 06. 

May  10— The  Senate  passed  it— yeas  30,  nays 
9,  as  follows : 

YEAS — Messrs.  Anthony,  Chandler,  Clark,  Collamer,  Con- 
neee,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Hale,  Har- 
lan,  Howard,  Howe,  Johnson,  Lane  of  Indiana,  Lane  of 
Kansas,  Morgan,  Morrill,  Pomeroy,  Ramsey,  Sherman 
Sprague,  Sunnier,  Ten  Eyck,  Trumbull,  Van  Winkle,  Wil 
kinson,  Willey,  Wilson— 30. 

NAYS — Messrs.  Buckalew,  Cowan,  Davis,  Grimett  Hender- 
•on,  Powell,  Richardson,  Riddle,  &iulsbury-4. 

IN  HOUSE. 

SMALL    NOTES. 

Bending  the  consideration  of  this  bill, 
A^ril  6  -  A  section  WHS  adopted,  authorizing 
the  isrue  to  those  banks  of  notes  of  the  denomi 
nations  of  one,   two,  thre«,  five,  teii,   twenty, 


fifty,  one  hundred,  five  hundred,  and  on-^  thou 
sand   dollars — yeas  76,  nays  54,  as  follows: 

YEA.S — Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Blow,  Doutwell, 
Boyd,  Broomall,  Ambrose  W.  Clark,  Cobb,  Cole,  Dixon, 
Donnelly,  Driggs,  Eckley,  Eliot,  Frank,  Ganson,  Good', 
Grinnell,  Grisivold,  Hale,  Hotchkiss,  A«ahel  W.  Ilubburd, 
John  II.  Hubbard,  Jenckes,  Julian,  Kasson,  Kelley,  Francis 
W.  Kellogg,  Orlando  Kellogg,  Loan,  Longyear,  Marvin, 
McBride,  McClurg.  Samuel  F.  Miller,  Moorhead,  Moirill, 
Daniel  Morris,  Amos  Myers,  Leonard  Myers,  Charles  O'Neill, 
Orth,  Patterson,  Perham,  Pomeroy,  Price,  Priupi,  Radford, 
William  H.  Randall,  Alexander  H.  Rice,  John  II.  Wee, 
Edward  H.  Rollins,  Schenck,  Scofield,  Shannon,  Spalding, 
Starr.  Stevens,  Thayer,  Upson,  Van  Valkenburgh.  Ellihu  B. 
Washburne,  William  B.  \Vashburu,  Whaley^,  WillianiB, 
Wilder,  Wilson,  Windom,  "Woodbridge — 76. 

NAYS— Messrs.  James  C.  Allen,  William  J.Allen,  Ancona, 
Bail//,  Augustus  C.  Baldwin,  Bliss,  Brooks,  James  S.  Brown, 
William  G.  Brown,  Chanter,  Cox,  Dawson,  Denixon,  Eden, 
Eldridge,  English,  Finck,  Grider,  Harrington,  IRrrick,  Hoi' 
man,  Philip  Johnson,  William  Johnson,  Kalbfltisch,  Ker- 
nan,  Law,  Long,  Mallory,  Marcy,  McKinney,  Middleton, 
William  H.  Miller,  James  R.  Morris,  Morrison,  JYelsov,  John 
O'Neill,  Fendlcton,  Samuel  J.  Randall,  Robinson,  Rcgers, 
James  S.  Rollins,  Scott,  John  B.  Steele,  William  G.  Steele, 
Strouse,  Sweat,  Thomas,  Voorhees,  Wheeler,  Chilian  A* 
While,  Joseph  W.  White,  Winfield,  Benjamin  Wood,  Yeo 
man — 54. 

INTEREST. 

The  section  enacting  that  seven  per  cent,  in 
terest  shall  be  deemed  the  lawful  interest  in 
all  States  where  no  rate  is  established,  but 
each  bank  shall  be  bound  by  the  State  law- 
regulating  interest  in  the  State  where  it  is  lo- 
ca;ed,  was  agreed  to — yeas  89,  nays  45. 

STATE    TAXATION. 

This  section  : 

That  nothing  in  this  act  shall  be  construed  to  prevent  the 
taxation  by  States  of  the  capital  stock  of  banks  organixed 
under  this  act,  the  same  as  the  property  of  other  moneyed 
corporations,  for  State  or  municipal  purposes ;  but  no  State 
shall  impose  nny  tax  upon  such  associations  or  their  capi 
tal,  circulation,  dividends,  or  business,  at  a  higher  rate  of 
taxation  than  shall  be  imposed  by  such  State  upon  the- 
same  amount  of  moneyed  capital  in  the  hands  of  individual 
citizens  of  such  State. 

Was  adopted — yens  78,  nays  56,  as  follows  : 
YEAS— Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Baily,  Augustus  C.Baldwin,  Bliss,  Brooks, Broomall,  James 
S.  Brown,  William  G.  Brown,  Chanler,  Clay,  Cox,  Cravens, 
Dawi-on,  Denison,  Eden,  Eldridge,  English,  Pinck.  GanscmY 
Grider,  Grisiuold,  Hall,  Harrington,  Benjamin  G.  Harris, 
Herrick,  Holman,  Hotchkiss,  Philip  Johnson,  William  John 
son,  Kalbflnsch,  Orlando  Kellogg,  K<.rnan,  Law,  Lazcar, 
Ling,  Mcllory,  Marcy,  McKinney,  Middleton,  Samuel  F. 
Miller,  William  H.  Miller,  James  R.  Morris,  Morrison,  Amos- 
Myers,  Nelson,  Odell,  John  O'Neill,  Orth,  Pcndleton,  Pike, 
Pomeroy,  Pruyn,  Radford,  Samuel  J,  Randall,  William  II. 
Randall,  John  II.  Rice,  Robinson,  Rogers,  Scofield,  Scott 
Starr,  John  B.  Stf.de,  William  G.  Steele,  Strouse,  Sweat, 
Tracy,  Van  Valkenburgh,  Ward,  Whaley,  Wheeler,  Chilton 
A.  White,  Joseph  W.  White,  Windom,  Winjield,  Benjamin 
Wood,  Yeaman—78. 

NAYS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
Tohn  D.  Baldwin,  Baxter,  Benman,  Blaine,  Blow,  Boutwell, 
Boyd,  Ambrose  Wr.  Clark,  Cobb,  Cole,  Thomas  T.  Davis, 
Dixon,  Donnelly,  Driggs,  Eckley,  Eliot,  Frank,  Gooch,  Grin 
nell,  Hale,  Hooper,  Asahel  W.  Hubbard,  John  II.  Ilubbard, 
Tenckes,  Julian,  Kasson,  Kelley,  Francis  W.  Kellogg,  Loan, 
Longyear,  Marvin,  McBride,  McClurg,  Morrill,  Daniel  Mor- 
•is,  Leonard  Myers,  Charles  O'Neill,  Perham,  Price,  Alexan 
der  II.  Rice,  Edward  II.  Rollins,  Schenck,  Shannon,. 
Smitlters,  Spalding,  Stevens,  Thayer,  Upson,  Ellihu  B. 
Waehburue,  William  B.  Washburn,  Wilder— 56. 

MR.    STEVENS'S    SUBSTITUTE. 

Upon  these  and  other  amendments  being 
adopted,  Mr.  STEVENS  offered  a  substitute  for 

he  whole  bill,  which  he  explained  as  differing 
*rom  the  amended  bill  in  these  respects  only: 

The  substitute  provides  for  a  uniform  rate  of  interest  at 
even  per  cent.,  and  withdraws  these  national  banks  from 
Stale  taxation  and  leaves  them  to  be  taxed  by  the  national 
Sovernraent. 


364 


THE    FINANCES. 


Which  was  rejected — yeas  59,  nays  78,  as 
follows : 

YEAS — Messrs.  Alley,  Allison,  Ames,  Anderson,  Ashley, 
John  I).  Baldwin.  Baxter,  Beaman,  Blow,  Boutwell,  Boyd, 
Broornall,  Ambrose  W.  Clark,  Cobb,  Cole,  Thomas  T.  Davis, 
Dixon,  Donnelly,  Driggs,  Eckloy,  Eliot,  Frank,  Garfield, 
•Gooch,  Grinnell,  Hal«,  Hooper,  John  II.  Hubbard,  Jenckes, 
Julian,  Kasson,  Kelley,  Francis  W.  Kellogg,  Loan,  Long- 
year,  Marvin,  McBride,  McClurg,  Morrill.  Daniel  Morris, 
Leonard  Myers,  Charles  O'Neill,  Patterson,  Perham,  Alex 
ander  II.  Rice,  Edward  H.Rollins,  Schenck,  Scofield,  Shan 
non,  Spalding,  Starr,  Stevens,  Thayer,  Thomas,  Upson,  Wil 
liam  B.  Washburn,  Wilder,  Windom,  Wood  bridge— 59. 

NAYS — Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona, 
Baily,  Augustus  C.  Baldwin,  Elaine,  Bliss,  Bronks,  James 
*V.  Brown,  William  G.  Brown,  Chanler,  Clay,  Cox,  Cravens, 
Dawwm,  Denison,  Eden,  J'.'ldrid;/e,  English,  Finck,  Ganson, 
Cfi'ider,  Griw>ld,  Hall,  Harrington,  Benjamin  G.  ITarris, 
Htrriek,  Holman,  Hotchkiss,  Asahel  W.  Ilubbard,  Philip 
Johnson,  William  Johnson,  Kalbjleisch,  Orlando  Kellogg, 
Krrnun,  J;<iiv,  Long,  MaJlory,  Marcy,  McKinney,  Middleton, 
William  H.  Miller,  James  R.  Morris,  Morrison,  Amos  Myers, 
Nelson,  Oddl,  John  O'Neill,  Orth,  Pendleton,  Pike,  Pomeroy, 
Price,  Pruyn,  Radford,  S.tmuel  J.  Randall,  William  H. Ran 
dall,  John  II.  Rice,  Robinson,  Ro</erx,  James  S.  Rollins, 
ScrM,  Smithers,  John  B.  Steele,  W.  G.  Steele,  Strouse,  Sweat, 
Tracy,  Van  Valkenburgh,  Ward,  Ellihu  B.  Washburne, 
Wheeler,  Chilton  A .-  White,  Joseph  W.  White,  Wilson,  Win- 
field,  Benjamin  Wood,  Yeaman — 78. 

On  Mr.  STEVENS'S  motion,  the  bill  was  then 
tabled- -yeas  91,  nays  44. 

STATE  TAXATION. 

April  16 — A  new  bill,  previously  introduced, 
«ras  considered,  containing  (among  others)  this 
provision  : 

"  Every  organization  under  this  act  shall  pay  to  the 
Treasurer  of  the  United  States  a  duty  of  one  per  cent,  each 
aalf  year,  from  and  after  the  1st  day  of  April,  in  the  year 
1864,  upon  the  maximum  amount  of  their  circulating  notes 
iurhig  the  six  months  ;  and  in  default  of  such  payment 
the  Treasurer  of  tho  United  States  is  hereby  authorized  to 
retain  one  per  cent,  of  th«  amount  of  bonds  required  to  be 
deposited  as  security  for  such  circulation  at  each  semi-an 
nual  payment  of  the  interest  thereon;  and  such  duty  and 
the  taxes  or  duties  imposed  by  Congress  from  time  to  time 
shall  be  in  lieu  of  all  other  taxes  on  such  associations: 
Provided,  That,  nothing  in  this  act  shall  be  construed  to 
prevent  the  market  value  of  the  shares  in  any  of  the  said 
banking  associations,  held  by  any  person  or  body-corporate 
created  by  State  law,  being  included  in  the  valuation  of  the 
aggregate  personal  property  of  such  person  or  rJtate  corpo 
ration  in  assessing  any  tax  im^osv'd  by  any  State  or  muni 
cipal  authority  on  the  aggre^at  •  personal  estate  of  all 
persons  subject  to  the  authority  of  such  State  or  munici 
pality." 

Mr.  FENTON  moved  to  substitute  this  : 

And  that  nothing  in  this  act  shall  be  construed  to  prevent 
the  taxation  by  States  of  the  capital  stock  of  banks  r^rgan- 
ized  under  this  act,  the  same  as  the  property  of  other  mon 
eyed  corporations  for  State  or  municipal  purposes  ;  but  no 
Mftte  shall  impose  any  tax  upon  such  associations  or  their 
capital,  circulation,  dividends,  or  business,  at  a  higher  rate 
of  taxation  than  phall  be  imposed  by  Fuch  State  upon  tho 
same  amount  of  moneyed  capital  i'i  the  bunds  of  individual 
citizens  of  such  State:  Provided,  That  no  State  tax  shall  be 
imposed  on  any  part  of  tho  capital  stock  of  such  associa 
tion  invested  in  the  bonds  of  the  United  States,  deposited 
as  security  for  its  circulation. 

Which  was  agreed  to — yeas  70,  nays  60,  as 
fallows  : 

YEAS  —  Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley, 
Iffily,  John  D.  Baldwin,  Baxter,  Beaman,  Elaine,  Bout-well, 
Broomall,  William  G.  Brown,  Ambrose  W.  Clark,  Freeman 
Clarke,  Clay,..  Cobb,  Cole,  Dawes,  Driggs,  Dumont,  Eckley, 
Farns\vorth,Fcnton,  Frank,  Gooch,  Grinnoll,  Iligby,  Hooper, 
Hotchkiss,  John  II.  Ilubbard,  Jenckes,  Julian,  Kasson, 
Francis  W.  Kellogg,  Orlando  Kellogg,  Loan,  Longycar,  Mar 
gin,  McClurg,  Mclndoe,  Samuel  F.  Miller,  Moorhead,  Mor 
rill,  Daniel  "Morris,  Amos  Myers,  Charles  O'Neill,  Orth, 
Patterson.  Perham,  Pike,  Pomerov,  Price,  William  II.  Ran 
dal  I,  Alexander  II.  Rice,  John  II.'Rice,  Edward  II.  RollMis, 
.Shannon,  Sloan,  Smith,  Tracy,  Upson,  Van  Valkenbi'rgh, 
F.llihu  B.  Washburne,  William  15.  Washburu,  Webster, 
Wilder,  Wilson,  Windom,  Woodbridge — 70. 


NAYS — Messrs.  James  C.  Allen,  William  J.  Allen,  Att- 
gustus  C.  Baldwin,  Brooks,  James  S.  Brown,  Chanlsr,  Cra- 
rens,Creswell,  Henry  Winter  Davis,  Dawton,  Eden,  Eldridge, 
Muck,  Ganson,  Hall,  Harding,  I!<n •/•///.',/•-//.  li>njamin  G. 
Harris,  Her  rick,  Hoi  mo  n,  AsahH  W.  liubbard,  Hutchitu, 
William  Johnson,  KaUtjleiscli ,  Kelley,  Kenian,  Ki/if/.  f\'/i«/>p, 
Law,  Lazear,  Lnnrj,  Mnrr.ii,  McBride,  McDon-rU,  M^Ki/inr//, 
William  H.  Miller,  James  R.  M'trrix,  ilorrixon,  N<  />•»«, 
Noble,  Odell,  Pendletcm,  Pnu/n,  R/idford.SamuilJ.  Ra<i>i:>ll, 
Rolrinson,  James  S.  Rollins,  Rot*,  Scott,  John  B.  Stesle, 
Strouse,  Stuart,  Thayer,  Thomas,  Wheeler,  Chilton  A.  Whits., 
Joseph  W.  White,  Williams,  Winfield,  Fernando  Wood 
—60. 

The  bill  was  then  passed. 

IN  SENATE. 

ON  TAXATION. 

April  29 — The  Senate  committee  reported  a 
substitute  for  Mr.  FENTON'S  amendment  adopted 
by  the  House,  which  proposed  that — 

In  lieu  of  all  other  taxes  every  association  shall  pay  to  the 
Treasurer  of  the  United  States,  in  the  months  of  January 
and  July,  a  duty  of  one  half  of  one  per  cent,  each  half  year 
from  and  after  the  1st  day  of  January,  1864,  upon  the  aver- 
ago  amount  of  its  notes  in  circulation,  and  a  duty  of  one 
quarter  of  one  per  cent,  each  half  year  upon  the  average 
amount  of  its  deposits,  and  a  duty  of  one  quarter  of  one 
per  cent,  each  half  year,  as  aforesaid,  on  the  average  amount 
of  its  capital  stock  beyond  the  amount  invested  in  United 
States  bonds.  *  *  *  Provided,  That  nothing  in 
this  act  shall  be  construed  to  prevent  the  market  value  of 
the  shares  in  any  of  the  said  associations,  held  by  any  per 
son  or  body-corporate,  from  being  included  in  the  valuation 
of  the  personal  property  of  such  person  or  corporation  in 
the  assessment  of  all  taxes  imposed  by  or  under  State  au 
thority  for  State,  county,  or  municipal  purposes;  but  not  at 
a  greater  rate  than  is  assessed  upon  all  other  moneyed  cap 
ital  in  the  hands  of  individual  citizens  of  such  State.  A"nd 
all  the  remedies  provided  by  State  laws  for  the  collection  of 
such  taxes  shall  be  applicable  thereto :  Provided,  also,  That 
nothing  in  this  act  shall  exempt  the  real  estate  of  associa 
tions  from  either  State,  county,  or  municipal  taxes  to  the 
same  extent,  according  to  its  value,  as  other  real  estate  is 
taxed. 

Mr.  POMEROY  moved  to  strike  out  the  first 
proviso,  and  insert : 

Provided.  That  nothing  in  this  act  shall  be  construed  aa 
exempting  the  capital  stock  of  an  association,  beyond  the 
amount  invested  in  United  States  bonds  and  deposited  with 
tho  Treasurer  of  the  United  States  as  part  of  its  capital  or 
as  security  for  its  circulating  notes,  from  being  subject  to 
the  same  rate  of  State  and  municipal  taxation  as  is  imposed 
upon  other  personal  property  in  the  State,  city,  or  town  in 
which  the  .association  is  located. 

Which   was   rejected — yeas    11,  nays  28,  as 

follows  : 

YE.VS— Messrs.  Chandler,  Conness,  Harding,  Howard, 
Lane  of  Indiana,  Pomeroy,  Ramsey,  Sherman,  Spraguo, 
Sumner,  Wilkinson — 11. 

NAYS— Messrs.  Buckalew,  Carlile,  Clark,  Collamer,  Cowan, 
Davis,  Dixon,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Ilar- 
lan,  Henderson,  Jlendricka,  Howe,  Johnson,  Lane  of  Kansas, 
McDou'iall,  Morgan,  Morrill,  Ncxmith,  Powell,  Riddle.  Ten 
Eyck,  Van  Winkle,  Willey,  Wilson— 28. 

Mr.  HOWARD  moved  to  amend  the  proviso  so 
as  to  make  it  read  : 

Prmnded,  That  nothing  in  this  act  shill  be  construed  to 
prevent  tho  market  value  of  the  shares  in  any  of  the  said 
associations,  held  by  any  person  or  body-corporate,  from 
being  Included  in  the  valuation  of  the  personal  property  of 
such" person  or  corporation  in  the  assessment  of  all  taxes 
imposed  by  or  under  State  authority  for  State,  county,  or 
municipal  purposes  in  tho  State  where  the  bank  is  situated; 
Ac. 

Which   was  rejected — yeas   11,  nays  27,   as 

follows : 

YEAS— Messrs.  Chandler,  Conness,  Hnrlan,  Hendricks, 
Howard,  Morrill,  Pomeroy,  Ramsey,  Sherman,  Sumner, 
Wilkinson — 11. 

NAYS— Messrs.  Anthony.  Buckalew,  Clark,  Collamer, 
Cowan,  Davis,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,. 
Grimes,  Halo,  Henderson.  Howe,  Johnson,  Lane  of  Indiana,. 
Lane  of  Kansas,  Morgan,  Ncsmitfi.  Powell,  Riddle,  S^rague, 
Tea  Kyck,  Van  Winkle,  Willey,  Wilson— 27. 


THE    FINANCES. 


805 


May  6 —Mr.  SUMNER'S  substitute:* 
And  in  lieu  of  all  other  taxes  on  tha  capital,  circulation.  | 
deposits,  shares,  and  other  property,  every  association  shall  | 
puy  to  the  Treasurer  of  the  United  States,  in  the  months  of  j 
January  and  July,  a  duty  of  one  per  cent,  each  half  year 
from  and  after  the  1st  day  of  January,  1864,  upon  the  aver 
age  amou  :t  of  its  notes  in  circulation,  and  the  duty  of  one 
half  of  '  ne  per  cent.   ea--h  half  year   up<m   the  average 
amount  of  its  deposits,  and  a  duty  of  one  half  of  one  per 
cent,  each  half  year,  as  a'bresaid,  on  the  average  amount  of 
its  capital   stock  beyond    the  amount  invested  in  United 
States  bonu*  :      *      *     Provid<:d,  Tvat  n  (thing  iti  this  act 
shall  exempt  the  real  estate  of  associations  from  either 
State,  county,  or  municipal  taxes  to  the  same  extent,  accord 
ing  to  its  value,  as  other  real  estate  is  taxed:  Provided  also, 
That  all  taxes  imposed  by  this  or  any  future  act  on  banking 
associations  organised  under  national  legislation  ^hall  bo 

*  Mr.  SUMNER  read  this  letter  from  Sacrctary  Chase : 
TREASURY  DEPARTMENT, 

May  5,  1864. 

SIR  :  Nothing  but  my  deep  sense  of  the  importance  of 
sustaining  by  every  possible  means  the  public  credit,  upon 
which  tho  pole  dependence  of  the  Government  to  suppress 
the  insurrection  niu.it  rest,  would  induce  me  to  address  you  I 
this  letter  upon  a  subject  which  has  already  received  so  i 
much  consideration. 

The  bill  in  relation  to  the  national  banking  system  now 
under  debate  is  in  the  nature  of  an  amendment  to  the  act 
of  tho  last  session.  Though  a  complete  bill  in  itself,  it  con 
tains  few  provisions  not  substantially  embraced  in  that  act, 
among  which  that  in  relation  to  the  measure  and  distribu 
tion  of  taxation  may  be  regarded  perhaps  as  the  most  im 
portant.  Under  ordinary  circumstances  there  might  be  no 
insuperable  objection  to  leaving  the  property  organized 
under  the  national  banking  law,  subject  as  are  almost  all 
descriptions  of  property  to  general  taxation.  State,  national, 
and  municipal.  But  in  the  present  condition  of  the  coun 
try,  I  respectfully  submit  that  this  particular  description 
of  property  should  be  placed  in  the  same  category  with  im 
ported  goods  before  their  entry  into  general  consumption,  j 
and  be  subjected  to  exclusive  national  taxation. 

At  tho  present  moment  the  duties  on  imports  form  the  i 
sole  reliance  of  the  Government  for  means  to  pay  the  inter-  ( 
est  on  tho  public  debt.     If  to  these  means  the  taxes  to  be  | 
paid  by  the  national  banks  shall  be  added  a  most  important  j 
addition  will  be  made  to  these  measures.    The'mere  fact  I 
that  these  taxes  are  made  payable  to  the  national  Govern-  j 
merit  and  so  rendered  available  for  the  payment  of  interest  ! 
on  the  public  debt,  and  for  the  reduction  of  its  principal,  ! 
will  strengthen  tho  public  credit  and  facilitate  tho  negotia 
tion  of  the  necessary  loans  at  moderate  rates  of  interest.     I 
have  no  doubt  that  such  a  disposition  of  these  taxes  would 
be  worth  more  to  the  Government  during  tho  present  strug 
gle  in  practical  results  than  three  times  the  actual  value  of 
the  taxes  themselves. 

I  do  not  at  all  suggest  that  this  description  of  property  ; 
should  not  be  taxed  as  heavily  as  any  other  description. 
On  the  contrary,  I  think  it  just  that  it  should  bear  its  full 
proportion  of  the  public  burdens.  I  am  only  anxious  that 
the  taxation  upon  it  shall  be  made  to  contribute  as  largely 
as.  possible  to  the  general  welfare,  and  it  is  the  conviction 
deeply  impressed  on  my  mind  that  it  will  contribute  more 
when  aggregated  in  one  mass,  and  made  to  tell  upon  the 
general  public  credit,  than  when  distributed  between  the 
nation  and  the  States  and  numerous  municipal  corporations, 
that  prompts  me  to  address  these  views  to  you. 

Under  any  plan  of  partition  that  may  be  adopted  tho 
'amount  of  taxation  distributable  to  the  several  States  and 
municipalities  will  be  comparatively  small  and  unimport 
ant,  and  it  is  quite  possible  that  the  total  taxation  of  bank 
ing  property  for  all  purposes,  will  be  less  than  it  will  if 
taxed  exclusively  for  national  purposes.  The  advantages 
of  partition  to  States  and  municipalities  will  therefore  be 
small,  and  the  banks  may  not  lose  by  it.  Tho  nation  alone 
will  be  injured.  It  will  not  be  understood,  of  course,  that 
the  foregoing  suggestions  are  intended  to  apply  to  real 
estate  held  by  any  banking  institutions :  that  description 
of  property  limst  necessarily  be  held  by  titles  under  State 
laws,  and  should  properly  be  subjected  exclusively  to 
State  taxation,  except  in  the  event  of  a  direct  tax  by  Con 
gress. 

The  case  is  otherwise  with  the  personal  property  and 
credits  of  the  banking  associations.  These  receive  their 
organization  from  national  law  and  for  great  national  pur- 

risi-s,  and  may  therefore  be  with  great  propriety,  and — as 
have  endeavored  to  show  at  tho  present  time — with  great 
public  advantage  be  subjected  to  exclusive  national  taxa 
tion. 

Respectfully  yours,  S.  P.  CHASE. 

Tho  Hon.  WILLIAM  PITT  FESSENDEN, 

Chairman  of  tlie  Committee  on  Finance,  Senate 
Chamber. 


applied  exclusively  to  the  payment  of  the  interest  and  prin 
cipal  of  the  national  debt  of  the  United  States. 

Which  was  rejected — yeas  11,  nays  24,  a» 
follows  : 

YEAS — Messrs.  Chandler,  Conness,  Howard,  Lane  of  In 
diana,  Pomeroy.  Ramsey,  Sherman,  Sprague,  Suinner,  Wil 
kinson.  Wilson — 11. 

NAYS— Messrs.  Anthony,  Buckalew.  Carlilf,  Clark,  Col.Uv 
mer,  Cowan,  Davis,  Dixon.  Doolittle,  Fessenden,  Foot,  Fos 
ter.  Grimes.  II  lie,  Henderson,  Howe.  Johnson,  Morgan, 
Pmoell.  Richardson,  Riddle,  Ten  Eyck,  Trumbull,  Van. 
Winkle— 24. 

ON    SMALL    NOTES. 

May  10 — Mr.  BUCKALEW  moved  to  strike  out 
of  the  twenty-second  section  the  words  allow 
ing  one,  two,  and  three  dollar  bills  ;  which 
was  rejected — yeas  8,  nays  27,  as  fallows  : 

YEAS — Messrs.  Bnclcaleio,  Cowan,  Doolittle,  Henderson, 
Powell,  Richardson,  Riddle,  Sauhhur;/ — 8. 

NAYS— Messrs.  Anthony,  Clark,  Collamer,  Conness,  Dixon, 
Foot,  Foster.  Grimes,  Hale,  Harlnn,  Howe,  Johnson,  Lane 
of  Indiana,  Lane  of  Kansas,  Morgan.  Morrill,  Ramsey, 
Sherman,  Sprague,  Simmer,  Ten  Eyck,  Trumbuil,  Van 
Winkle,  Wade,  Wilkinson,  Willey,  Wilson— 27. 

ON    REPEALING    THE    BANKING    SYSTEM. 

Mr.  POWELL  moved  to  substitute  for  the  whole 
bill,  a  section  repealing  the  banking  act  of 
February  25,  1863  ;  which  was  rejected — yens  6, 
(Messrs.  Buckalew,  Henderson.  Powell,  Richard 
son,  Riddle,  Saulsbury,}  nays  31. 

The  bill  then  passed. 

The  House  non-concurred  in  the  Senate':* 
amendments,  when  a  Committee  of  Conference 
was  appointed,  who  reported,  June  1.  The  tax 
question  was  settled  by  adding  these  words  tc 
the  thirty-second  section: 

And  nothing  in  this  act  shall  be  construed  to  prevent  all 
the  shares  in  any  of  the  said  associations,  held  by  any  per 
son  or  body  corporate,  from  being  included  in  the  valuation 
of  personal  property  of  such  person  or  corporation,  in  the 
assessment  of  taxes  imposed  by  or  under  State  authority, 
at  the  place  where  such  bank  is  located,  and  not  elsewhere; 
but  not  at  a  greater  rate  than  is  assessed  on  other  moneyed 
capital  in  the  hands  of  individual  citizens  of  said  States: 
Provided  further,  That  the  tax  so  imposed  under  the  law  ol 
any  State  upon  the  shares  of  any  of  the  associations  author 
ized  by  this  act  shall  not  exceed  the  rate  imposed  on  shares- 
in  any  of  the;  bank  organizations  under  the  authority  of  the 
State  where  such  association  is  located. 

The  bi1!  provides  for  a  tax  of  one  per  cent, 
on  the  circulation  of  national  banks,  one  half 
of  one  per  cent,  on  their  deposits,  and  one  per 
cent,  on  their  capital  above  the  amount  invested 
in  United  States  bonds. 

The  report  was  concurred  in,  without  a  di 
vision  in  either  house. 

The  Public  Debt. 

THE  PUBLIC  CREDIT  UNDER  BUCHANAN. 

December  28,  1860 — Bids  for  $5,000,000  in 
six  per  cent.  Treasury  notes,  authorized  by  act 
of  December  17,  1860,  were  opened  by  Philip 
F.  Thomas,  Secretary  of  the  Treasury,  when  it 
was  found  that  ouly  $2,500,000  were  bid  for, 
and  this  at  a  rate  of  discount  from  sevc-n  to 
thirty-six  per  cent.  Eight  thousand  five  hun 
dred  were  bid  for  at  seven  per  cent.;  $151,600 
at  from  seven  to  ten  per  cent;  $1,08*7,000  at 
twelve  per  cent.;  $140,000  at  from  twelve  to 
twenty  per  cent.;  $325,000  at  from  twenty  to 
thirty-six  per  cent. 

January  19,  1861 — The  balance  of  this  loan 
was  taken,  the  bids  being  for  nearly  triple 
the  amount  and  ranging  from  eight  and  a 
half  to  fifteen  per  cent,  discount.  One  bid 


366 


THE    FINANCES. 


of  $10,000  was   made  at  twenty  per  cent,  dis 
count. 

February  23,  1861 — John  A.  Dix,  Secretary  of 
the  Treasury,  opened  the  bids  for  $8,000,000  of 
six  per  cent,  twenty  years'  stock  of  the  United 


States.  Over  $14,000,000  were  offered ;  the 
lowest  accepted  bid  was  $90  15  for  $100  ;  the 
highest  bid  over  ninety-six  dollars.  •  The  whole 
loan  was  taken  at  an  average  of  about  90J. 
Over  $4,000,000  were  bid  for  at  $90  15. 


Debt  of  the   United  States,  from  June 
June  30,  1860,  the  public  debt  was. 


1860,  to  May  14,    1864. 


Of  which  $45.079,203  OS  were  in  bonds,  and  $19,690,500  in  Treasury  notes. 
June  ::0,  1801,  the  public  debt  was... 


$64,760,703  08 


90,867,82868 

May  29,  1862,  the  public  debt  was 491,445,984  11 

as  follows : 


Under  what  act. 

Rate  of  interest. 

Amount. 

ToUl. 

Loan  of  1842  

6  per  cent  

$2,833,364  11 
9,415,250  00 
8,908,341  80 
20.000,000  00 
7,022,000  00 
18,415,000  00 
3,461,000  00 

$70,104,955  91 

3,382,161  64 

170,523,450  00 
878,450  00 
145,880,000  00 

49,898,400  00 
50,778,566  5« 

Do      1847  

Do      1848  

do.    .    . 

Do      1858  

5  per  cent  

Do      1860  

Do      1861  ..  . 

6  per  cent  
5  per  cent  

Interest  stopped 
do 

Texan  indemnity  

Treasury  notes  issued  prior  to  1857...  

105,111  64 
175,900  00 
221,650  00 

2,767,900  00 
111,600  00 

Treasury  notes  under  act  of  December  23,  1857  

Treasury  notes  under  act  of  December  17,  1860  

..do  .    . 

Treasury  notes  under  acts   of  June  22,  1860,  and   February  and 
March,  1861  

6  per  cent  
do 

Treasury  notes  under  acts  of  March  2,  July  17,  and  August  5, 

1861  ;.  ' 

Three  years'  7.30  bonds  

7.30  per  cent  
6  per  cent  

do 

120,523,450  00 
50,000,000  00 

Twenty  years'  bonds  

Oregon  war  debt  

United  States  notes  

Certificates  of  indebtedness  

47,199,000  00 
2,699,400  00 

5-20  years'  bonds  

do 

Four  per  cent,  temporary  loan  

4  per  cent  
5  per  cent  

5,913,042  21 
44,865,524  35 

Five  per  cent,  temporary  loan  „  

$491,445,984  11 

Average  rate  of  interest  paid  on  the  entire  debt  is  4  354.1000  per  cent,  per  annum. 
Of  this,  these  items  belonged  to  the  old  debt : 

Funded $70.104,955  91 

Treasury  notes 3,270,561  C-4 

Oregon  war  debt '..'. 878,450  GO 


74,253,967  55 
Leaving  due  to  the  war 417,105,016  50 


Juno  SO,  1S62,  the  debt  was ,  $517,372,^02  93 

June  CO,  18G3— The  public  debt  was „ .. $1,098,V9  j,181  ;;; 


As  follows: 

Loan  of  18*2, 6  per  cent 

"         1847, 6  per  cent !..'..'."...'. 

1848, 6  per  cent 

1858, 5  per  cent 

1860, 5  por  cent 

ii-61,  (Feb.  8,)  6  per  cent 

1861,  (March  2,)  0  nor  cent 

Old  funded  and  unfunded  debt  (1800  aud  1812,)  Sand  6  per  cent 
Texan  indemnity,  5  per  cent.... 


Tivapury  notes  issued  prior  to  1857,  (int.  stopped,) $104,561  64 

Treasury  notes  issued  under  act.  of  Dec.  23, 1857 13.000  00 

Tro-isury  notes  issued  under  act  ot  Dec,  17, 1860 „... l.OCO  00 

Demand  notes  July  17,  and  Aug.  5,1861....^ 3,351,019  75 

U.S.  notes,  Fob.  25,  1802 '. 147,767,114  00 

U.S.  notes.  July  11,  1862 150,000.000  00 

Postal  currency,  July  17,  1862 2:>,192,45f>  oo 

U.  S.  notes,  (new  issues,)  March  3,  1863 89,870,475  00 


$302,6  0  75 

9.415,  ;.0  00 

8,908  .::41  .'0 

20,000,000  00 

7,0  .'2,000  0(» 

18,4 1 3,010  00 

77ti,7."0  00 

114.115  4H 

3,461,000  00 


411,30^62689 
139.^70.500  00 
50,0.8,500  00 

1,0:1,;  .00  oo 


Three  years'  7.30  bonds,  7.30  per  cent  (two  issues,) 

Twenty  years' bonds,  6  per  cent,  (two  issues,)   

Oregon  war  debt,  6  per  cent i,u_j  .•  <.n<  \? 

Certificates  of  indebtedness,  6  percent 156.784.241  (', 

S.'-O  years'  bonds,  6  per  cent „ 1C8,880,'-50  00 

Temporary  loan,  4  and  5  por  cent 102,1184,085  ;>•> 

$l,OD8,7C;:.18l  37 

Fob.  2,  1864.  the  debt  was 1,473,2-5  714  Co 

May  10, 1S64,  the  public  debt  was 1,726,248,411   65 

May  !4,  1864,  the  debt  was 1,730,^70,9  «  <0 


THE   FINANCES. 
Statement  of  the  Public  Debt  of  the  United  States,  June  30,  1864. 


36T 


DEBT  BEARING  INTEREST  IN  COIN. 


*ATE  OF    INTEREST. 


CHARACTER   OF   ISSUE. 


AMOUNT   OUTSTANDING. 


6  per  cent Bonds $9,415,250  00 

6  per  cent Bonds 8,908,341  80 

5  p;-r  cent Bonds 20,000,000  00 

5  per  cent Bonds 7,022,000  00 

6  per  cent Bonds 18,415',000  00 

6  per  cent Bonds 50,000,00000 

6  por  cent. Bonds  exchanged  for  7  3.10 30,923,600  00 

6  per  cent Bonds,  5-20's* 510,756,900  00 

5  percent Bonds,  10-40's 72,963,850  00 

5  por  cent Bonds,  Texan  Indemnity 2,159,000  00 

6  percent Bonds,  Oregon  War 1,016,000  00 

7  3.10  per  cent....    Notes,  Three  years* 109,075,750  00 

6  per  cent Bonds 19,S16,096  65 

Aggregate  of  debt  bearing  Coin  Interest $860,471,788  45 

DEBT  BEARING  INTEREST  IN  LAWFUL  MONET. 

4  per  cent. Temporary  Loan $662,474  49 

5  per  cent Temporary  Loan.. 7,414,622  47 

6  per  cent Temporary  Loan ^ 67,080,718  24 

percent Certificates  of  Indebtedness 159,570,00000 

5  per  cent.       ...     One  Your  Notes 44,520,00000 

5  per  cent Two  Years  Notes.. 16,480,000  00 

5  per  cent. Two  Years  Notes,  with  Coupons,   $150,000,000  00 

Less  withdrawn  arid  destroyed 

or  ready  to  bo  destroyed 57,279,150  00 

92,720,850  00 

6  per  cent 3  years  Compound  Interest  Notes 3,880,000  00 

Aggregate  of  debt  bearing  Lawful  Money  interest $392,328,665  20 


$564,915  00 

534,500  50 

1,000.000  00 

351,100  00 

1,104.900  00 

3,000,000  00 

1,855,416  00 

30,045,414  00 

3,648,102  50 

107,950  00 

60,960  00 

7,962,529  75 

1,188,965  79 


$52,024,843 


$26,4r*5  97 

370,T31  12 

4,0::4  d43  09 

9,5:.'4,200  00 

2,fclO,000  00 

fc'J4,000  00 


4,636,042  50 


$2i,682,315  68 


DEBT   ON   WHICH   INTEREST   HAS    CEASED. 


RECAPITULATION. 


CHARACTER  OF  ISSUE. 


Bonds     ... 

Treasury  Notes 

Treasury  Notes 

Treasury  Notes 

Treasury  Notes 

Temporary  Loan  Coin 

Aggregate  of  debt  on  which  Inter 
est  has  ceased 

Aggregate  of  debt  not  bearing  In- 
tere.-;tf 


AMOUNT  OUTSTANDING. 


$203,808  45 

104,511  64 

9,900  00 

600  00 

47,150  00 

4,200  00 


Bearing  interest  in  coin.... 

Bearing  interest  in  lawful 
money 


On    which    interest    has 
ceased  


$370,170  09 
486,866,065  70 


Bearing  no  interest 


AMOUNT 
OUTSTANDING. 


$860,471,788  4{> 
392,328,665  W 

370,17C  09 
486,866,060  79 


$l,740,036,t  n)  53 


INTEREST. 


$52,024,843  54 
21,682.315  68 


$73,707,159  22 


*  TREA.-URY  DEPARTMENT  May  18,  1864. 

Sm:  \ourletterofthol3th  instant,  making  inquiries  in  regard  to  the  kind  of  currency  witb  which  the  five-twenty 
year')  six  per  cent,  and  the  three  years  seven-thirty  per  cent,  notes  are  tc.  be  redeemed,  has  bee*  received. 

It  has  been. the  constant  usage  of  the  Department  to  redeem  all  coupon  and  registered  bond*  fo-ming  part  of  the 
fended  or  p  rmanent  debt  of  the  United  States  in  coin,  and  this  usage  has  not  been  deviated  fum  during  my  adminis- 
Irntiou  of  its  iiuairs 

All  the  tn-asury  notes  and  other  obligations  forming  part  of  the  temporary  loan  are  payable  and  will  be  redeemed  in 
lawful  money:  that  is  to  say,  in  United  States  notes  until  after  the  resumption  of  specie  pav.aents,  when  thev  also 
Will  doubtless  be  redeemed  in  coin,  or  equivalent  notes. 

The  five-twen'y  sixes  being  payable  twenty  years  from  date,  though  redeemable  after  five  years,  are  considered  H* 
belonging  lo  tho  funded  or  permanent  debt,  and  so  also  are  the  twenty  years  sixes  into  which  'he  three  years  seven- 
thirty  notes  are  convertible.  These  bonds,  therefore,  according  to  the  usage  of  the  Government  ire  payable  i  i  coin 

Ihe  thive  years  seven-thirty  treasury  notes  are  part  of  the  temporary  loan,  and  will  be  paid  ,a  United  States  notes 
unless  holders  prefer  conversion  to  payment. 


prefc 

Very  respectfully, 


S.  P.  CHASE, 
Secretary  of  the  Treasury. 


i  This  item  is  thus  composed : 

United  States  Notes,  July  17,  August  5,  1861,  and  February  12, 1862  .  .  «-ri  rr-^  rwi 

February  25,  July  11,  1862,  and  July  17, 1863 ."".'".'".'.  "'  399  218  9  '7  00 

in  redemption  of  temporary  loan "  Qa'ifln'fiAa  no 

(Fractional  Currency,  July  17,  1862,  and  March  3, 1863 .7™™!"!™^.*!  ".     22210  483  10 


Unpaid  requisitions 
Amount  in  Treasury 


448'371'05-  10 


$48fi,866.06:>  70 


368 


THE   FINANCES. 


The  increase  of  debt  between  periods  has  been  |  ing   information   relative  to  the    funded  debt, 


as  follows : 


Amount 

out. 

$1,093.793.181 
l,222.1i:t.559 
1,473.2  5,714 

1,51:5.7: 2,837 

1.690,9"  9,4. 9 
l,726.24S,41l 
1,780,870,9.6 


The  Rebel  Debt. 

December  31,  1862,  the  receipts  of  the  Treas 
ury    from  the  commencement   of  the  "  Perrn.-i- 


June  30  1863. 

Days. 

Increase  of  Debt 
per  day. 

Sept.  80,1868. 
Feb.      2,  1864. 
March   2,1864. 
"      15,  1864. 
Mny     10,  1f;64. 
"       14,  1804 

92 
123 
29 
13 
55 
4 

$1,340,000 
2.041.000 
1.39.3,000 
5,550,000 
2,330,000 
1,130,629 

to  call  certificates,  to  non-interest  and  interest- 
bearing    Treasury    notes,  and    other  financial 
matters.     From    this  it  appears  that,  January 
J8G4,  the  funded  debt  was  as  follows: 
Act  Feb.  28, 1861.  8  $  cent.,  $15,000,000  00 
Act  May  16,  1P61.  8  $  cent.,      8.774,900  00 
Act  Aug.  19, 1861,  8  •$  cent.,  100,000,000  00 
Act  April  12, 1862,8  $  cent.,      3,612,300  00 
Act  Feb.  20,  1863,  8  $  cent.,    95.785,000  00 
Act  Feb.  20. 1863,  7  %*  cent.,    63,615.750  00 
A  ct  March  23, 1863, 6  $  cent.,      2,831,700  00 
Act  April  3(1, 1863  (cotton  in 
terest  coupons)..'. 8,252,00000 

$297,871,650  00 


Call  certificates  89,206,77000 

nent  Government,"  (February    18,    1862,)  were    Non-towrest  bearing  Treasury  notes  out- 

as  follows  :  Act  May^ie,  1861— payable 

RECEIPTS.  two  years  after  date    8,320,87500 

Patent  fund $13.92000    Act  Aug.   19,  1861— General 

Customs            .                          668,5C6  00        currency 189,719,25100 

Miscellaneous 2,291.812  00    Act  Oct.  13, 1861— All  denom- 

Repayim'iits  of  disbursing  officers 3,839,263  00  j      inations 131,028,36650 

Interest  on  loans         26.583  00  '  Act .March  23 — All   denorni- 

Callloan  certificates 59,742,796  00        nations 391,829,702  50 

One  hundred  million  loan 41,398,286  00  ! 

Treasury  notes 215.554,885  00 

Interest  bearing  notes 113.740.000  00 

War  tax 16,604,513  00 

Loan  28th  of  February,  1861 1,375,476  00 

Coin  received  from  Bank  of  Louisiana 2.539,799  00 


Total $457,855,704  00 

Total  debt  up  to  December  31, 1862 556,105,100  00 

Estimated  amount  at  that  date  necessary  to 
support  the  Government  to  July,  1863,  was  357,929,229  00 


Up  to  December  31,  1862,  the  issues  of  the 
Treasury  were  : 

$440,678,510  00 

30,193,479  50 


Notes     . 
Redeemed 


Outstanding $410,485,030  50 

From  January  1,  1863,  to  September  30,  1863, 
the  receipts  of  the  Treasury  were  : 

For  8  per  cent,  stock $107.292.900  70 

For  7  per  cent,  stock 88,757,650  70 

For  6  per  cent,  stock 6,810.050  00 

For  5  per  cent,  stock  22,992,900  00 

For  4  per  cent,  stock 482.200  00 

Cotton  certificates 2.000,000  00 

Interest  on  loans 140,210  00 

War  tax  4,128,988  97 

Treasury  notes 391,623,530  00 

Sequestration 1,862,550  27 

Customs 934,798  68 

Export  duty  on  cotton 8,101  78 

Patent  fund 10,794  04 

Miscellaneous,  including  repayments  by  dis 
bursing  officers 24,498,217  93 


Total $601,522,893  12 


Interest-bearing  Treasury  notes  outstand 
ing 

Amount  of  Treasury  notes 
under  $5,  outstanding  Jan. 
1,1864.  viz: 

Act  April  17. 1862,  denomina 
tion  of  $1  and  $2 4,860,277  50 

Act  Oct.  13, 1862,  $1  and  $2...      2,344,800  00 

Act  March  23, 1863,  50  cents,      3,419,000  00 
Total  under  $5 


720,898,095  00 
102,460,450  00 


10,424,077  50 


Total  debt,  Jan.  1,  1864....  .................  $1,220.866,042  :,n 


ITS  CONDITION,  MARCH  31,  1864. 

The  Register  of  the  Treasury,  Robert  Tyler, 
gave  a  statement,  which  appeared  in  the  Rich 
mond  Sentinel  after  the  passage  of  the  funding 
law,  which  gives  the  amount  of  outstanding 
non-interest-bcaring  Treasury  notes,  March  31, 
1864,  as  $796,264,403,  as  follows  : 

Act  May  16,  1861—  Ten-year  notes  .............  $7,201.375  00 

Act  Aug.  19,  1861  —  General  currency  .........  154,306,631  00 

Act  April  19,  1862  —  Ones  and  twos  ............  4.516,509  00 

Act  Oct.  18,  1862—  General  currency  .........  118,997,32150 

Act  March  23,  1863—  General  currency  ......  511,182  566  50 


Total .' $796,264,403  00 


EXPENDITUBES  DURING  THAT  TIMK. 

War  Department $377,988.244  00 

Navy  Department 38,437,66100, 

Civil,  miscellaneous,  &c  11,629,278  00  I 

Customs 56,63600 

Public  debt 32,212,290  00 

Notes  canceled  and  redeemed  59,044,449  00 


Total  expenditures $519,368,559  00 

Total  receipts 601,522,893  00 


Balance  in  treasury $82,154,334  00 


But  from  this  amount  is  to  be  deducted  the  amount  of  all 
Treasury  noti'S  that  have  been  funded,  but  which  have  not 
yet  received  a  true  estimation,  $65,000,000 ;  total  remaining, 
$17,154,334. 
CONDITION    OF    THE    TREASURY,  JANUARY    1,    1864. 

Jan.  25 — The  Secretary  of  the  Treasury  (C. 
G.  Memminger)  laid  before  the  Senate  a  siate- 
ment  in  reply  to  a  resolution  of  the  20th,  ask- 


He  also  publishes  this  statement  of  the  issue 
of  non-interest-bearing  Treasury  notes  since 
the  organization  of  the  "Confederate"  Govern 
ment: 

Fifty  cents $911,258  50 

Ones.. 4,882,000  00 

Twos  6,086,320  Ou 

Fives. 79,090,315  0!» 

Tens 157,<JS-J,750  00 

Twenties 217,4_T),120  00 

Fifties 188,088,200  00 


Total $973,277,3ii3  50 


Rebel  Financial  Legislation. 

The  following  is  the  funding  act: 

[From  the  Richmond  Sentinel,  Feb.  17, 1864.] 

SEC.  1.  The  Gmgrcssof  the,  Confederate  States  of  America 
do  enact,  That  the  holders  of  all  Treasury  notes  above  the 
denomination  of  five  dollars  not  bearing  interest,  shall  be 
allowed  until  the  first  day  of  April,  1864,  east  of  the  Mis- 
sis>i[>pi  River,  and  until  the  first  day  of  July,  1SO-1,  west  of 
the  Mississippi  River,  to  fund  the- same,  and  until  the  peri 
ods  and  at  the  places  stilted,  tho  holders  of  all  such  Treas 
ury  notes  shall  be  allowed  to  fund  the  same  in  reglbtcreU 
bonds  payable  twenty  years  af««r,  they  bearing  interest  a* 


THE   FINANCES. 


369 


che  rate  ui  four  per  cent,  per  annum  payable  on  the  first 
day  of  January  and  July  of  each  yea*:. 

SEC.  2.  The  Secretary  of  the  Treasury  is   hereby  author 
ized  to  issue  the   bonds  required   for  the  funding  provided 
for  iu  the  preceding  section;  and  until  the  bonds  can  be 
provided,  lie  may  issue  certificates  to  answer   the  purpose. 
Such  bonds  and  certificates  shall  be  receivable  without  in-  j 
terest,  in  payment  of  all  Government  dues  payable  in  the  j 
year  18(31,  except  export  and  import  duties. 

SEC.  3.  That  all  Treasury  notes  of  all  denominations  of 
one  hundred  dollars,  not  bearing  interest,  which  shall  not 
be  presented  for  funding  under  the  provisions  of  the  first 
section  of  this  act,  shall,  from  and  alter  the  first  day  of 
_,pril,  1864,  fast  of  the  Mississippi  River,  and  the  first  day 
of  July,  1864,  west  of  the  Mississippi,  cease  to  be  receiva 
ble  in 'payment  of  public  dues,  and  said  notes,  if  not  so 
presented  at  the  time,  shall,  in  addition  to  the  tax  of  thirty- 
three  and  one-third  cents  imposed  in  the  fourth  section  of 
this  act,  be  subject  to  a  tax  of  ten  per  cent,  per  month 
until  so  presented;  which  taxes  shall  attach  to  said  notes 
wherever  circulated,  and  shall  be  deducted  from  the  face 
of  said  notes  wherever  presented  for  payment  or  for  fund 
ing,  and  such  notes  shall  not  be  exchangeable  for  the  new 
issue  of  Treasury  notes  provided  for  in  this  act. 

SEC.  4.  That  on  all  the  said  Treasury  notes  not  funded  or 
used  iu  payment  of  taxes  at  the  dates  and  places  prescribed 
in  the  first  section  of  this  act,  there  shall  be  levied  at  said 
dates  and  places  a  tax  of  33J/£  cents  for  every  dollar  funded 
on  the  lace  of  said  notes.  Said  tax  shall  attach  to  said  notes 
wherever  circulated,  and  shall  be  collected  by  deducting 
the  same  at  the  Treasury,  its  depositories  and  by  the  collec 
tors,  and  by  all  Government  officers  receiving  the  same, 
wherever  presented  for  payment,  or  for  funding,  or  in  pay 
ment  of  Government  dues,  or  for  postage  or  in  exchange  for 
ne">v  notes  as  hereinafter  provided,  and  said  Treasury  notes 
shall  be  fundablc  in  bonds  as  provided  in  the  first  section 
of  thie  act,  until  the  first  day  of  January,  1865,  at  the  rate 
of  sixty-six  cents  and  two  thirds  on  the  dollar,  and  it  shall 
be  the  duty  of  the  Secretary  of  the  Treasury  at  any  time 
between  the  first  of  April  east  and  the  first  of  July,  1864, 
west  of  the  Mississippi  river,  and  the  first  of  January,  1865, 
to  substitute  and  exchange  new  Treasury  notes  for  same,  at 
the  rate  of  sixty-six  and  two  thirds  cents  on  the  dollar: 
Provufccl,  That  notes  of  the  denomination  of  $100  shall  not 
be  entitled  to  the  privilege  of  said  exchange :  Provided,  fur- 
tfcr.  That  on  the  right  to  fund  all  such  Treasury  notes  which 
may  remain  outstanding  on  the  first  day  of  January,  1865, 
and  which  may  not  be  exchanged  for  new  Treasury  notes, 
as  herein  provided,  a  tax  of  one  hundred  per  cent  is  hereby 
imposed. 

SEC.  5.  That  after  the  1st  day  of  April  next,  all  authority 
heretofore  given  to  the  Secretary  of  the  Treasury  to  issue 
Treasury  notes  shall  be,  and  is  hereby,  revoked,  provided 
tho  Secretary  of  the  Treasury  may  after  that  time  issue  new 
Treasury  notes  in  such  lorms  as  be  may  prescribe,  payable 
two  years  alter  the  ratification  of  a  tr,  aty  of  peace  with  the 
United  States,  said  new  issue  to  be  receivable  in  payment 
of  all  public  dues  except  export  and  import  duties,  and  U> 
be  issued  in  exchange  lor  old  notes  at  the  rate  of  $2  of  the 
new  issue  for  $3  of  the  old  issues,  whether  said  old  notes 
be  surrendered  for  exchange  by  the  holders  ihereof  or  be 
received  into  the  Treasury  under  the  provisions  of  this  act; 
and  the  holders  ol  the  new  notes  or  of  the  old  notes,  except 
those  of  the  denomination  of  $100,  after  they  are  reduce  J 
to  6i>2a  cents  ou  the  dollar  by  the  tax  aforesaid,  may  con 
vert  tnem  into  call  certificates  bearing  interest  at  the  rate 
of  four  per  cent  per  annum,  and  payable  two  years  alter  a 
ratification  of  a  treaty  oi'  peace  with  the  United  States,  un 
less  sooner  converted  into  new  notes. 

SEC.  6.  That  to  pay  the  expenses  of  the  Government,  not 
otherwise  provided  for,  the  Secretary  of  the  Treasury  is 
hereby  authorized  to  issue  six  per  cent  bonds  to  an  amount 
not  exceeding  $".00,000,000,  the  principal  and  interest  where 
of  shall  bo  frtv  Ironi  taxation,  and  for  the  payment  of  the 
interest  thereon,  the  entire  net  receipts  of  any  export  duty 
hereinafter  laid  on  the  value  of  all  cotton,  tobacco,  and 
naval  stores,  which  shall  bo  exported  from  the  Confederate 
States, and  UK-  net  proceeds  of  tho  import  duties  now  laid, 
or  so  much  thereof  as  maybe  necessary  to  pay  the  interest 
•re  hereby  specially  pledged  :  Provided,  That  tho  duties  now 
laid  upon  import?,  and  hereby  pledged,  shall  hereafter  bo 
pai-1  in  specie  or  iu  sterling  exchange,  or  in  the  coupons  ot 
Bui'l  bonds. 

SEC.  12.  That  any  State  holding  Treasury  notes  received 
before  the  times  herein  fixed  for  taxing  said  notes  shall  bo 
allowed  nntil  the  1st  day  of  January,  1.S65,  to  fund  tho  same 
in  six  por  cent,  bonds  of  tho  Confederate  States,  payable 
twenty  years  after  date,  and  the  interest  payable  semi-an 
nual  Iy.  lint  all  Treasury  notes  received  by  any  State  after 
the  time  fixed  for  taxing  the  Hume,  as  aforesaid,  shall  be  held 
to  have  been  received,  diminished  by  the  amount  of  said  tax. 
The  discrimination  between  the  note;?  subject  to  the  tax 
and  those  not  so  subject  shall  be  left  to  the  good  faith  of 
24 


each  State,  and  the  certificate  of  the  Governor  thereof  shall 
in  each  case  be  conclusive. 

SEC.  13.  That  Treasury  notes  heretofore  issued,  bearing 
interest  at  the  rate  of  seven  dollars  and  thirty  cents  on  the 
hundred  dollars  per  annum,  shall  no  longer  be  received  in 
payment  of  public  dues,  but  shall  be  deemed  and  considered 
bonds  of  the  Confederate  States,  payable  two  years  after  the 
ratification  of  a  treaty  of  peace  with  the  United  States, 
bearing  the  rate  of  interest  specified  on  their  face,  payable 
the  1st  of  January  in  each  and  every  year. 

SPECULATIONS   ON   THE   FUNDING. 

The  Richmond  Examiner  of  the  llth  of  April,  1864,  gives 
the  following  statistics  of  the  rebel  currency,  from  which  it 
will  be  seen  that  a  desperate  attempt  is  making  to  retrieve 
the  financial  disasters  of  the  South  : 

The  depletion  of  the  Confederate  currency  under  the  re 
cent  legislation  is  much  greater  than  is  generally  supposed; 
and  in  this  connection  it  will  be  interesting  to  refer  to  well 
established  figures.  The  entire  issue  of  the  old  circulation 
we  may  take  at  $800.000,000.  The  number  of  one  hundred 
dollar  bills  in  circulation  has  been  about  $-250,000,000.  Of 
lesser  denominations  that  will  be  funded,  there  are.  at 
least,  say  >: 50,000,000.  Deduct  now  the  $:!00.000,000  funded, 
and  we  have  $500,0.0,000.  This,  reduced  by  the  discount 
of  thirty-three  and  one-third  per  cent.,  will,  in  round  num 
bers,  leave  us  $330,000,000. 

The  tax  levied  for  1864  is  estimated  considerably  above 
$400,000,000.  There  being  only  $330,000,000  funded  in  four 
per  cents.,  it  follows  that  $100,000, 000  of  currency  must  be 
used  in  addition  to  the  above  for  the  payment  of  taxes  for 
1864,  which  will  still  further  reduce  the  circulating  medium 
to  $-_30,0(!0,000.  From  the  last  named  sum  there  must  be 
substractpd  the  amount  required  to  pay  the  additional 
taxes  imposed  by  the  late  Congress  on  the  income  tax  of 
1863,  as  well  as  some  portion  of  the  old  taxes  that  will  not 
be  paid  on  the  first  of  April,  1864.  The  circulation  would 
thus  be  reduced  to  $200.000,000,  without  reference  to  the 
manufacture  and  emission  of  more  paper  money. 

But  here  comes  up  the  important  question  of  the  new 
issue,  which  involves  the  vitality  of  the  whole  scheme. 
The  first  interpretation  of  the  currency  act  was  that  it  de 
nied  power  to  the  Secretary  of  the  Treasury  to  issue  one 
dollar  notes  except  in  exchange  for  the  present  currency 
at  the  rate  of  two  dollars  of  the  new  for  three  dollars  of 
the  old,  which  may  remain  unfunded  ou  the  first  of  April. 
Others  construe  the  act  to  empower  the  Secretary  of  the 
Treasury  to  issue  two  dollars  of  the  new  issue  for  three 
dollars  of  the  old,  whether  funded  or  unfunded — whether 
exchanged  or  paid  in  for  taxes. 

The  latter  construction  is  said  to  be  favored  by  Mr.  Mem- 
minger,  namely,  that  he  is  authorized  to  issue  new  notes 
to  the  amount  of  two-thirds  of  the  whole  of  the  old  issue. 
In  other  words,  supposing  the  old  notes  in  circulation 
amounted  to  $800,000,000  the  first  of  April,  the  Secretary 
of  the  Treasury  is  empowered  to  issue  two-thirds  of  this 
amount,  that  is,  $533,333,333,  atfordiug  a  supply  to  the 
Treasury  for  about  eight  months,  irrespective  of  the  sum 
that  may  be  raised  by  the  sale  of  six  percent,  bonds. 
[From  the  Richmond  Sentinel.] 

There  is  but  little  doubt  that  the  funding,  east  and  west 
of  the  Mississippi,  will  amount  to  $300,000,000.  The 
total  issue  outstanding  March  31  is  thereby  reduced  say  to 
$485,000,000.  Of  this,  a  considerable  portion,  probably 
$100,000,000,  is  in  $100  notes.  Excluding  these,  we  have 
$385.000,000  left,  of  which  the  issues  of  $5  and  under  amount 
to  $90,969,898  50.  Suppose  $85,000,000  of  these  are  now  in 
circulation,  and  we  have  for  all  others  $.300,000,000,  which 
the  tax  of  one  third  has  reduced  to  $200,000,000.  The  total 
circulation  at  the  present  time,  irrespective  of  the  new  issue, 
is  therefore,  largely  less  than  $300,000,000,  and  of  this  a  con 
siderable  amount  is  always  to  be  found  in  the  hands  of  tho 
disbursing  officers  and  depositaries. 

We  have  not  included  in  the  above  any  estimates  of  the 
amount  of  circulation  lost  or  destroyed,  and  thereby  gained 
to  the  Government.  It  is  doubtless  considerable. 

The  amount  of  currency  which  lias  been  canceled  and 
destroyed  (irrespective  of  tho  operations  of  the  present  cur 
rency  law)  is  nearly  twenty  per  cent,  of  tho  whole  issue. 
If  this  reduction  bo  applied  to  the  five  dollar  notes,  the 
amount  of  these  in  circulation  would  appear  to  be  $03,- 
272,252. 

[From  The  Examiner  of  the  21st  March,  1864.] 

Only  ten  days  now  intervene  before  the  currency  remain 
ing  in  circulation  is  taxed  one-t!iii'd.  and.  consequently, 
during  the  weelc  commencing  Monday,  the  holders  ol 
Treasury  notes  must  decide  whether  they  will  keep  them 
until  the  1st  of  April  and  submit  to  the  Government  shave, 
fund  the  amount  in  four  per  cent,  bonds,  or  exchange  it  for 
bonds  or  personal  property.  The  necessity  of  coining  t.)  i\ 
conclusion  is  "sharpening  the  wits"  of  the  people,  though 
it  i?  not  improbable  that  some  who  esteem  themselves 


370 


THE    FINANCES. 


"  wondrous  wise  ''  in  financial  matters  will  commit  ablnn-  ! 
der  in  disposing  of  their  surplus  cash.  The  ability  to  j 
penetrate  the  future  is  a  power  which  lew,  if  any,  possess,  I 
and  hence  the  views  expressed  in  regard  to  the  effect  of  the 
financial  legislation  of  Congress,  after  the  currency  is  re 
duced,  are  diverse  ami  vaguely  theoretical. 


THE  TAX  ACT  OF  DECEMBER    "if).    1801 
An  act  supplementary  to  an  act  in  uut  torize  t/<r  ixsur  of 
Treasury  notes,  and  to  provide,  a  war  tax  for  tlitir  redemp 
tion. 
SEC.  1.  The  Congress  of  the  Confederate  Status  of  A  ner- 


the  development. 

In  the  meantime,  all  kinds  of"  cornering  "  processes  are 
in  vogue,  and  it  must  be  admitted  that  some  of  them  are 
plau-ible  enouch.  For  instance,  it  is  argued  that  certain 
bonds  and  stocks  may  be  bought  now,  and  sold  in  the  new 
currency  at  a  decline  not  exceeding  fifteen  to  twenty-five 
per  cent. — thereby  saving  ten  to  fifteen  in  the  transmutory 
lax. 

On  the  last  day  of  the  session,  June  15,  Pres 
ident  Davis  vetoed  the  bill  allowing  further 
time  to  persons  within  the  enemy's  lines  to 
fund  their  Treasury  notes.  The  consideration 
of  the  subject  was  postponed  until  the  next  ses 
sion. 

RICHMOND,  April  22, 1864. 

The  outstanding  amount  of  Treasury  notes,  of  the  denom 
ination  of  five  dollars  and  under,  is  about  seventy-five  mil 
lions. 

The  funding  returns  sum  up  an  aggregate  of  two  hundred 
and  thirty-seven  million  dollars.  Twenty  small  depositories 
yet  to  hear  from.  The  only  State  from  which  complete  re 
turns  have  been  received  is  Georgia,  where  the  amount 
funded  is  seventy-two  millions  one  hundred  and  eighty-four 
thousand  dollars. 


TAXATION. 

THE  TAX  ACT  OF  JULY,  1861. 

The  Richmond  Enquirer  gives  the  following 
summary  of  the  act  authorizing  the  issue  of 
Treasury  notes  and  bonds,  and  providing  a  war 
tax  for  their  redemption  : 

Section  one  authorizes  the  issue  of  Treasury  notes,  paya 
ble  to  bearer  at  the  expiration  of  six  months  after  the  rati 
fication  of  a  treaty  of  peace  between  the  Confederate  States 
and  the  United  States.  The  notes  are  not  to  be  of  a  less 
denomination  than  five  dollars,  to  be  re-issued  at  pleasure, 
to  be  received  in  payment  of  all  public  dues,  except  the 
export  duty  on  cotton,  and  the  whole  issue  outstanding  at 
one  time,  including  tho  amount  issued  under  former  acts, 
are  not  to  exceed  one  hundred  millions  of  dollars. 

Section  two  provides  that,  for  the  purpose  of  funding  the 
said  notes,  or  for  the  purpose  of  purchasing  specie  or  mili 
tary  stores,  &c.,  bonds  may  be  issued,  payable  not  more 
than  twenty  years  after  date,  to  the  amount  of  one  hundred 
millions  of  dollars,  and  bearing  an  interest  of  eight  per 
cent,  per  annum.  This  amount  includes  the  thirty  millions 
alreadv  authorized  to  be  issued.  The  bonds  are  not  to  be 
issued'  in  less  amounts  than  $100,  except  when  the  sub 
scription  is  for  a  less  amount,  when  they  may  be  issued  as 
low  as  $oO. 

Section  three  provides  that  holders  of  Treasury  notes 
may  at  any  time  exchange  them  for  bonds. 

Section  four  provides  that,  for  the  special  purpose  of 
ncial  and  interest  of  the  public  debt,  and  of 


paying  the 

support! 

and 


Government,  u  war   tax  shall    be  assessed 


levied  of  fifty  cents  upon  each  one  hundred  dollars  in 

value  of  the  following  property  in  the  Confederate  States, 
namely:  Real  estate  of  all  kinds;  slaves;  merchandise; 
bank  stocks;  railroad  and  other  corporation  stocks;  mo 
ney  at  interest  or  invested  by  individuals  in  the  purchase 
of  bills,  notes,  and  other  securities  for  money,  except  the 
bond*  of  tho  Confederate  States  of  America,  and  cash  on 
hand  OT  oil  deposit  in  bank  or  elsewhere;  cattle,  horses, 
and  nudes;  gold  watches,  gold  and  silver  plate;  pianos 
and  pleasure  carriages:  I'rnrided,  however,  That  when  the 
taxable  property,  herein  above  enumerated,  of  any  head  of 
a  family  is  of  value  less  than  five  hundred  dollars,  such 
taxable  property  shall  be  exempt  from  taxation  under  this 
act.  It  provides  further  that  the  property  of  colleges, 
schools,  and  religious  associations  shall  be  exempt. 

The  remaining  sections  provide  for  the  collection  of  tho 
tax. 


and  tho  time  for  the  completion  and  <1  livery  of 
extended  to  the  1st  day  of  March  next,  and  the  time  for 
the  report  of  the  said  lists  to  the  chief  collector  is  extended 
to  the  1st  day  of  May  next;  and  in  cases  where  the  time 
thus  fixed  shall  be  found  insufficient,  the  Secretary  of  the 
Treasury  shall  have  power  to  make  further  extension,  aa 
ciiviiiii-tanced  may  require. 

SEC.  3.  The  cash  on  hand,  or  on  deposit  in  the  bank,  or 
elsewhere,  mentioned  in  the  fourth  sect:on  of  said  act,  is 
hereby  declared  to  be  subject  to  assessment  and  taxation, 
and  the  money  at  interest,  or  invested  by  individuals  in  the 
purchase  of  bills,  notes,  and  other  securities  for  money, 
shall  be  deemed  to  include  securities  for  money  belonging 
to  non-residents,  and  such  securities  shall  bo  returned,  and 
the  tax  thereon  paid  by  any  agent  or  trustee  having  the 
same  in  possession  or  under  his  control.  The  term  mer 
chandise  shall  be  construed  to  include  merchandise  belong 
ing  to  any  non-resident,  and  the  property  shall  be  returned, 
and  the  tax  paid  by  any  person  having  the  same  in  posses 
sion  as  agent,  attorney,  or  consignee :  Provided,  That  tho 
words  "  money  at  interest,"  as  used  in  tho  act  to  which  this 
act  is  an  amendment,  shall  be  so  construed  as  to  include  all 
notes,  or  other  evidences  of  debt,  bearing  interest,  without 
reference  to  the  consideration  of  the  same.  The  exception 
allowed  by  the  twentieth  section  for  agricultural  products 
shall  be  construed  to  embrace  such  products  only  when  in 
the  hands  of  the  producers,  or  held  for  his  account.  But 
no  tax  shall  be  assessed  or  levied  on  any  money  at  interest 
when  the  notes,  bond,  bill,  or  other  security  taken  for  its 
payment,  shall  be  worthless  from  the  insolvency  and  total 
inability  to  pay  of  the  payer  or  obligor,  or  person  liable  to 
make  such  payment;  and  all  securities  for  money  payable 
under  this  act  shall  be  assessed  according  to  their  value, 
and  the  assessor  shall  have  the  same  power  to  ascertain  the 
value  of  such  securities  as  the  law  confers  upon  him  with 
respect  to  other  property. 

SEC.  4.  That  un  amount  of  money ,  not  exceeding  $2o,OOU, 
shall  be  and  the  same  is  hereby  appropriated,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  to  be 
disbursed  uuder  the  authority  of  the  Secretary  of  the 
Treasury,  to  the  chief  State  tax  collectors,  for  such  expenses 
us  shall  be  actually  incurred  for  salaries  of  clerks,  office 
hire,  stationary,  and  incidental  charges  ;  but  the  books  and 
printing  required  shall  bo  at  the  expense  of  the  department, 
and  subject  to  its  approval. 

SEC.  5.  The  lien  for  the  tax  shall  attach  from  the  date  of 
the  assessment,  and  shall  follow  the  same  into  every  State 
in  the  Confederacy  ;  and  in  caso  any  person  shall  attempt 
to  remove  any  property  which  may  be  liable  to  tax,  beyond 
the  jurisdiction  of  the  State  in  which  the  tax  is  payable, 
without  payment  of  the  tax,  the  collector  of  the  district 
may  distrain  upon  and  sell  tho  same,  in  the  same  manner  as 
is  provided  in  cases  where  delaultis  made  iu  the  payment  of 
the  tax. 

SKC.  6.  On  the  report  of  any  chief  collector,  that  any 
county,  town  or  district,  or  any  part  thereof,  is  occupied  by 
the  public  enemy,  or  has  been  so  occupied  as  to  occasion 
destruction  of  crops  or  property,  the  Secretary  of  the 
Treasury  may  suspend  the  collection  of  tax  in  such  region 
until  the"  same  can  be  reported  to  Congress,  and  its  action 
had  thereon. 

SKC.  7.  In  case  any  of  the  Confederate  States  shall  under 
take  to  pay  the  tax  to  be  collected  within  its  limits  before, 
the  time  at  which  the  district  collectors  shall  cuter  upon 
tho  discharge  of  their  duties,  the  Secretary  of  the  Treasury 
may  suspend  the  appointment  of  such  collectors,  ami  may 
direct  the  chief  collector  to  appoint  assessors,  and  to  take 
proper  measures  for  tho  making  atid  perfecting  tho  returns, 
assessments  and  lists  required  by  law;  and  the  returns, 
assessments  and  and  lists  so  niado,  shall  have  the  same 
legal  validity,  to  all  intents  and  purposes,  as  if  made  ac 
cording  to  the  provisions  of  the  act  to  which  this  act  is  sup 
plementary. 

SKC.  8.  That  tax  lists  already  given,  varying  from  (M 
provisions  of  this  act,  shall  be  corrected  so  as  to  conform 
thereto. 

THE    TAX    ACT    OP    APRIL    24,    1863. 
[From  the  Richmond  Whig,  April  21.] 

We  present  below  a  synopsis  of  the  bill  to  lay  taxes  Co? 


THE    FINANCES. 


371 


the  common  <lefei.ce  and  to  curry  on  the  government  of  the 
Confederate  States,  which  has  passed  both  branches  of  Con- 
giess.  It  is  substantially  the  bill  proposed  by  the  commit 
tee  on  conference  : 

1.  The  first  section  imposes  a  tax  of  eight  per  cent,  upon 
the  value  of  all   naval  stores,  salt,  wines  and  spirituous 
liquors,  tobacco,  manufactured  or  unmanufactured,  cotton, 
wool,  flour,  sugar,  molasses,  syrup,  rice,  and  other  agricul 
tural  products,  held  or  owned  on  the  1st  day  of  July  next, 
•nd  not  necessary   for  family  consumption  for  the  unex- 
pired  portion  of  the  year  1863.  and  of  the  growth  or  pro 
duction  of  any  year  preceding  the  year  1863 ;  and  a  tax  of 
cue  per  cent,  upon  all  moneys,  bank  notes  or  other  curren 
cy  on  hand  01  on  deposit  on  the  1st  day  of  July  next,  and  on 
the  value  of  all  credits  on  which  the  interest  has  not  been 
paid,  ai'd  not  employed  in  a  business,  the  income  derived 
from  which  is  taxed  under  the  provisions  of  this  act :  Pro 
vided,  That  all  moneys  owmd,  held  or  deposited  beyond 
the  limits  of  the  Confederate  States  shall  be  valued  at  the 
current  rate  of  exchange  in  Confederate  treasury  noies.  The 
tax  to  be  assessed  on  the  1st  day  of  July  and  collected  on 
the  1st  day  of  October  next,  or  as  soon  thereafter  as  may  bo 
practicable. 

2.  Every  person   engaged,  or  intending  to  engage,  in  any 
business  named  in  the  fifth  section,  shall,  within  sixty  days 
after  the  passage  of  the  act,  or  at  the  time  of  beginning 
business,  and  on  the  1st  of  January  in  each  year  thereafter, 
register  with  the  district  collector  a  true  account  of  the 
name  and  residence  of  each  person,  firm,  or  corporation  en 
gaged  or  interested  in  the  business,  with  a  statement  of  the 
time  for  which,  and  the  place  and  manner  in  which  the 
same  is  to  be  conducted,  Ac.    At  the  time  of  the  registry 
there  shall  be  paid  the  specific  tax  for  the  year  ending  on 
the  next  Cist  of  December,  and  such  other  tax  as  may  be 
due  upon  sales  or  receipts  in  such  business. 

3.  Any  person  failing  to  make  such  registry  and  pay  such 
tax,  shall,  in  addition  to  all  other  taxes  upon  his  business 
imposed  by  the  act,  pay  double  the  amount  of  the  specific 
tax  on  such  business,  and  a  like  sum  for  every  thirty  days 
of  such  failure. 

4.  Requires  a  separate  registry  and  tax  for  each  business 
mentioned  in  the  fifth  section,  and  for  each  place  of 'con 
ducting  the  same ;  but  no  tax  for  mere  storage  of  goods  at 
a  place  other  than  the  registered  place  of  business.    A  now 
registry  required  upon  every  change  in  the  place  of  con 
ducting  a  registered  business,  upon  the  death  of  any  person 
conducting  the  same,  or  upon  the  transfer  of  the  business  to 
another,  but  no  additional  tax. 

5.  Imposing  the  following  taxes  for  the  year  ending  31st 
of  December,  1803,  and  for  each  year  thereafter : 

Bankers  shall  pay  $500. 

Auctioneers,  retail  dealers,  tobacconists,  pedlers,  cattle 
Brokers,  apothecaries,  photographers,  and  confectioners, 
$50,  and  two  and  a  half  per  centum  on  the  gross  amount  of 
sales  made. 

Wholesale  dealers  in  liquors,  $200,  and  five  per  centum  on 
gross  amount  of  sales.  Retail  dealers  in  liquors,  $100,  and 
tec  per  centum  on  gross  amount  of  sales. 

Wholesale  dealers  in  groceries,  goods,  wares,  merchan 
dise,  &c.,  $200,  and  two  and  a  half  per  centum. 

Pawnbrokers,  money  and  exchange  brokers,  $200. 

Distillers,  £200,  And  twenty  per  centum.  Brewers,  $100, 
and  two  and  a  half  per  centum. 

Hotels,  inns,  taverns,  and  eating-houses,  first  class,  $500 ; 
•eoond  claflBL$300;  third  class,  $200;  fourth  class,  $100;  fifth 
class,  $30.  Every  house  where  food  or  refreshments  are 
sold,  and  every  boarding  houses  where  there  shall  be  six 
boarders  or  more,  shall  be  deemed  an  eating  house  under 
this  act. 

Commercial  brokers  or  commission  merchants,  $200,  and 
two  and  a  half  per  centum. 

Theatres',  $500,  and  five  per  centum  on  all  receipts.  Each 
circus,  $100,  and  $10  for  each  exhibition.  Jugglers  and 
other  pei-sons  exhibiting  shows,  $50. 

Bowling  alleys  and  billiard  rooms,  $40  for  each  alley  or 
table  registered. 

Livery  stable  keepers,  lawyers,  physicians,  surgeons,  and 
dentists,  £50. 

Butchers  and  bakers,  $50,  and  one  per  centum. 

6.  Every  person  registered  and  taxed  is  required  to  make 
returns  of  the  gross  amount  of  sales  from  the  passage  of 
the  act  to  the  30th  June,  and  every  three  months  there 
after. 

7.  A  tax  upon  all  salaries,  except  of  persons  in  the  mili 
tary  or  naval  service,  of  one  per  cent,  when  not  exceeding 
$1.500,  and  two  percent,  upon  an  excess  over  that  amount: 
Provided,  That  no  taxes  shall  bo  imposed  by  virtue  of  this 
act  on  the  salary  of  any  person  receiving  a  salary  not  ex 
ceeding  $1.000  per  annum,  oral  alike  rate  for  another  period 
of  time,  longer  or  shorter. 

8.  Provides  that  the  tax  on  annual  incomes,  between  $500 
and  $1.500,  shall  bo  five  per  cent.;    between  $1,500  and 
$3,000,  five  per  cent,  on  the  first  $1.500  and  ten  per  cent, 
on  the  excess:   between  $3,000  and  $5,000,  ten  per  cent.; 


between  $5,000  and  $10,000,  twelve  and  a  half  per  cent.; 
over  $10,000,  fifteen  per  cent.,  subject  to  the  following  de 
ductions:  On  incomes  derived  from  rents  of  real  estate, 
manufacturing,  and  mining  establishments,  &c.,  a  sum  suffi 
cient  for  necessary  annnal  repairs ;  on  incomes  from  any 
mining  or  manufacturing  business,  the  rent,  (if  rented,)  cost 
of  labor  actually  hired,  and  raw  material ;  on  incomes  from 
navigating  enterprises,  the  hire  of  the  vessel,  jr  allowance 
for  wear  and  tear  of  the  same,  not  exceeding  ton  per  cent.; 
on  incomes  derived  from  the  sale  of  merchandise  or  any 
other  property,  the  prime  cost,  cost  of  transportation,  sala 
ries  of  clerks,  and  rent  of  buildings ;  on  incomes  from  any 
other  occupation,  the  salaries  of  clerks,  rent,  cost  of  labor, 
material,  &c.;  and  in  case  of  mutual  insurance  companies, 
the  amount  of  losses  paid  by  them  during  the  year.  In 
comes  derived  from  other  sources  are  subject  to  no  deduc 
tions  whatever. 

All  joint  stock  companies  and  corporations  shall  pay  one 
tenth  of  the  dividend  and  reserved  fund  annually.  If  the 
annual  earnings  shall  give  a  profit  of  more  than  ten  and 
less  than  twenty  per  cent,  on  capital  stock,  one  eighth  to 
be  paid ;  if  more  than  twenty  per  cent,  one  sixth.  The  tax 
to  be  collected  on  the  1st  of  January  next,  and  of  each  year 
thereafter. 

9.  Relates  to  estimates  and  deductions,  investigations, 
referees,  &c. 

10.  A  tax  of  ten  per  cent,  on  all  profits  in  1862  by  tho 
purchase  and  sale  of  flour,  corn,  bacon,  pork,  oats,  hay,  rice, 
salt,  iron  or  the  manufactures  of  iron,  sugar,  molasses  made 
of  cane,  butter,  woolen  cloths,  shoes,  boots,  blankets,  and 
cotton   cloths.     Does  not  apply   to  regular    retail    busi 
ness. 

11.  Each  farmer,  after  reserving  for  his  own  use  fifty 
bushels  sweet  and  fifty  bushels  Irish  potatoes,  one  hundred 
bushels  corn  or  fifty  bushels  wheat  produced  this  year,  shall 
pay  and  deliver  to  "the  Confederate  Government  one  tenth 
of  the  grain,  potatoes,  forage,  sugar,  molasses,  cotton,  wool, 
and  tobacco  produced.    After  reserving  twenty  bushels  peas 
or  beans  he  shall  deliver  one  tenth  thereof. 

12.  Every  farmer,  planter,  or  grazier,  one  tenth  of  the 
hogs  slaughtered  by  him,  in  cured  bacon,  at  the  rate  of  sixty 
pounds  of  bacon  to  one  hundred  pounds  of  pork ;  one  per 
cent,  upon  the  value  of  all  neat  cattle,  horses,  mules,  not 
used  in  cultivation,  and  asses,  to  be  paid  by  the  owners  of 
the  same;  beeves  sold  to  be  taxed  as  income. 

13.  Gives  in  detail  the  duties  of  post  quartermasters  under 
the  act. 

14.  Relates  to  the  duties  of  assessors  and  collectors. 

15.  Makes  trustees,  guardians,  &c.,  responsible  for  taxes 
due  from  estates,  &c.,  under  their  control. 

16.  Exempts  the  income  and  moneys  of  hospitals,  asy 
lums,  churches,  schools,  and  colleges  from  taxation  under 
the  act. 

17.  Authorizes  the  Secretary  of  the  Treasury  to  make 
all  rules  and  regulations  necessary  to  the  operation  of  the 
act. 

18.  Provides  that  the  act  shall  be  in  force  for  two  years 
from  the  expiration  of  the  present  year,  unless  sooner  re 
pealed;  that  the  tax  on  naval  stores,  flour,  wool,  cotton, 
tobacco,  and  other  agricultural  products  of  the  growth  of 
any  year  preceding  1863,  imposed  in  the  first  section,  shall 
be  levied  and  collected  only  for  the  present  year. 

The  tax  act  of  February  I1?,  1864,  levies,  in 
addition  to  the  above  rates,  the  following,  as 
stated  in  the  Richmond  Sentinel  of  February, 
1864: 

SEC.  1.  Upon  the  value  of  real,  personal,  and  mixed  prop 
erty,  of  every  kind  and  description,  except  the  exemptions 
hereafter  to  be  named,  five  per  cent.;  the  tax  levied  on 
property  employed  in  agriculture  to  be  credited  by  the 
value  of  property  in  kind.* 


*  This  is  the  section  in  full : 

That  on  the  1st  day  of  January,  1863,  there  shall  be  levied 
and  assessed  on  each  person  residing  in  the  Confederate 
States,  for  the  support  of  the  Government  and  the  defenco 
of  the  country,  the  following  tax,  to  wit:  One  fifth  the  value 
of  all  the  wheat,  corn,  rice,  rye,  oats,  potatoes,  hemp,  flax, 
peas,  beans,  barley,  hay,  wool,  rosin,  tar,  pitch,  turpentine, 
cotton,  sugar,  mokisses,  and  tobacco  produced  by  him  in 
these  States  during  the  previous  calendar  year;  also,  one 
fifth  of  the  value  of  tho  increase  for  the  preceding  calendar 
year  of  the  horses,  asses,  cattle,  sheep, and  .swine:  and  also, 
one  fifth  of  the  profits  made  in  the  preceding  calendar  year 
of  tho  feeding  of  swine,  sheep,  cattle,  or  mules;  also,  one 
fifth  .of  each  person's  yearly  income  for  tho  preceding  cal 
endar  year,  from  all  sources  whatsoever,  except  from  the 
sources  hereinafter  described,  and  except  from  the  interest 
on  Confederate  bonds,  certificates,  or  treasury  notes;  P)-o- 
vidr.d.  That  said  tax  so  levied  and  assessed  shall  be  due  ami 
payable  on  the  1st  day  of  April,  1863  P)-ovided  further 


372 


THE    FINANCES. 


On  gold  and  silver  ware,  plate,  jewels,  and  watches,  ten 
per  cent. 

The  tax  to  be  levied  on  the  value  of  property  in  I860,  ex 
cept  in  the  case  of  laud,  slaves,  cotton,  and  tobacco,  pur 
chased  since  January  1st,  18G2,  upon  which  tho  tax  shall  be 
levied  on  tho  price  paid. 

SEC.  2.  A  tax  of  five  per  cant  on  the  value  of  all  shares  in 
joint  stock  companies  of  any  kind,  whether  incorporated  or 
not.  The  shares  to  be  valued  at  their  market  value  at  the 
time  of  assessment. 

SEC.  3.  Upr.n  the  market  value  of  gold  nnd  silver  coin  or 
bullion,  five  per  cent.;  also  the  same  upon  moneys  hold 
abroad,  or  all  hills  of  exchange  drawn  therefor. 

A  tax  of  five  per  cent,  on  all  solvent  credits,  and  on  all 
bank  bills  nnd  papers  used  as  currency,  except  non-interest 
bearing  Confederate  Treasury  notes,  and  not  employed  in  a 
registered  business  taxed  twenty-live  per  cent. 

SKO.  4.  Profits  in  trade  and  business  taxed  as  follows: 

On  the  purchase  and  sale  of  agricultural  products  and 
mercantile  wares  generally,  from  January  1 ,  1S63,  to  Jan 
uary  1,  1SC5,  ten  per  cent  in  addition  to  the  tax  under  the 
act  of  April  24, 1863. 

The  same  on  the  purchase  and  sale  of  coin,  exchange, 
stocks,  notes,  and  credits  of  any  kind,  and  any  property  not 
included  in  the  foregoing. 

On  the  amount  of  profits  exceeding  twenty-five  per  cent, 
of  any  bank,  banking  company,  or  joint  stock  company  of 
any  description,  incorporated  or  not,  twenty-five  per  cent, 
on  such  excess. 

SEC.  5.  The  following  are  exempted  from  taxation : 

Five  hundred  dollars'  worth  of  property  for  each  head  of 
a  family,  and  a  hundred  dollars  additional  for  each  minor 
child ;  and  for  each  son  in  the  army  or  navy,  or  who  has 
fallen  in  the  service,  and  a,  member  of  the  family  when  he 
enlisted,  the  further  sum  of  $500. 

One  thousand  dollars  of  the  property  of  the  widow  or  mi 
nor  children  of  any  officer,  soldier,  sailor,  or  marine,  who 
has  died  in  the  service. 

A  like  amount  of  property  of  any  officer,  soldier,  sailor, 
or  marine,  engaged.it)  the  service,  or  who  has  been  disabled 
therein,  provided  said  property,  exclusive  of  furniture,  does 
not  exceed  in  value  $1,000. 

When  property  has  been  injured  or  destroyed  by  the 
enemy,  or  the  owner  unable  temporarily  to  use  or  occupy 
it  by  reason  of  the  presence  or  proximity  of  the  enemy,  tho 
assessment  may  be  reduced  in  proportion  to  the  damage 
sustained  by  the  owner,  and  the  tax  in  the  same  ratio  by 
the  district  collector. 

SEC.  6.  The  taxes  on  property  for  1864  to  be  assessed  as  on 
the  day  of  the  passage  of  this  act,  and  collected  the  1st  of 
June  next,  with  uinetj'  days  extension  west  of  the  Missis 
sippi.  The  additional  tax  on  incomes  or  profits  for  1863,  to 
be  paid  forthwith;  the  tax  on  incomes,  &c.,  for  1864,  to  be 
collected  according  to  the  acts  of  1863. 

SEC.  7.  Exempts  from  tax  on  income  for  1864,  all  property 
herein  taxed  ad  valorem.  The  tax  on  Confederate  bonds  in 
no  case  to  exceed  the  interest  payable  on  the  same;  and 
said  bonds  exempt  from  tax  when  held  by  minors  or  luna 
tics,  if  the  interest  do  not  exceed  one  thousand  dollars. 

THE  TAX  LAW. 

We  learn  that,  according  to  the  conptruction  of  the  re 
cent  tax  law  in  the  Treasury  Department,  tax  payers  will 
be  required  to  state  the  articles  aud  objects  subjected  to  a 
specific  or  fid  valorem  tax,  held,  owned,  or  possessed  by 
them  on  the  17th  day  of  February,  1864,  the  date  of  the 

The  daily  wages  of  detailed  soldiers  and  other  employes 
of  the  Government  are  not  liable  to  taxation  as  income, 
although  they  may  amount,  in  the  aggregate,  to  the  bum 
of  $1,000  per  annum. 

A  tax  additional  lo  both  the  above  was  im 
posed  as  follows,  June  1,  1864: 

A  bill  to  provide  supplies  for  the  army,  and   to  prescribe 

the  mode  of  making  impressments.* 
SEC.  1.  The  Congress  of  the  Confederate  Statet  of  America 
do  enact,  Every  person  required  to  pay  a  tax  in  kind,  under 

That  foreigners  resident  within  tho  Confederate  States  shall 
not  bo  required  to  pay,  except  from  the  aforesaid  articles 
produced  by  or  for  them,  or  from  income  or  profits  derived 
from  business  conducted  by  them  within  those  States;  nor 
Khali  any  tax  be  leyed  upon  tho  produce  of  residents  where 
the  total  value*  of  such  products  during  said  years  is  less 
than  $oOO:  nor  Mini!  any  tax  be  levied  on  tho  income  of 
residents  where  the  total  value  of  such  income  is  less  than 
1600. 

*The  Georgia  Supreme  Court  has  made  an  important  de 
cision  in  the  case  of  impressment  of  sugar  in  the  hands  of 
H  merchant.  One  of  the  points  was  that  "  the  C«  ngress  of 


the  provisions  of  the  "  Act  to  laj  taxes  for  the  common 
di'Ionsc  and  carry  on  tho  Government  of  the  Confederate 
States,"  approved  April  24,  180:5,  and  the  act  amendatory 
thereof,  approved  February  17,  18G4,  shall,  in  addition  to 
the  ono  tenth  required  by  said  acts  to  be  paid  as  a  tax  in 
kind,  deliver  to  the  Confederate  Government,  of  the  pro 
ducts  of  the  pres«nt  year  and  of  tho  year  186o,  one  other 
tenth  of  tho  several  products  taxed  in  kind  by  the  acts 
aforesaid,  which  additional  one  t^nth  shall  bo  ascertained, 
assessed  and  collected,  in  all  resects,  as  is  provided  by  law 
for  the  said  tax  in  kind,  and  shall  be  p->i,l  for,  on  delivery, 
by  tho  Post  Quartcrmaatera  in  the  several  districts  at  the 
assessed  value  thereof,  except  that  payment  for  cotton  and 
tobacco  shall  bo  made  by  tho  agents  of  the  Treasury  De 
partment  appointed  to  receive  the  same. 

SEC.  2.  The  supplies  necessary  to  the  support  of  the  pro- 
:lucer  and  his  family,  and  to  carry  on  his  ordinary  business , 
shall  bo  exempt  -d  from  the  contribution  require  1  by  the 
procodin.L'  section,  arid  from  the  additional  impressments 
authorized  by  tho  act :  Provided,  however,  That  nothing 
herein  contained  sha'l  be  construed  to  repeal  or  affect  the 
provisions  of  an  act  entitled  "  An  act  to  authorize  the  im 
pressment  of  meat  for  the  use  of  the  army,  under  certain 
circumstances,"  approved  Feb.  17, 1864,  aud  if  the  amount 
of  any  article  or  product  so  necessary  cannot  be  agreed 
upon  between  the  assessor  aud  the  producer,  it  shall  be  as 
certained  and  determined  by  disinterested  freeholders  of 
the  vicinage,  as  is  provided  in  cases  of  disagreement  as  t<> 
the  estimates  aud  assessments  of  tax  in  kind.  If  required 
by  tho  assessor,  such  freeholder  shall  ascertain  whether  a 
producer,  who  is  found  unablo  to  furnish  the  additional  one 
tenth  of  any  one  product,  cannot  supply  the  deficiency  by 
the  delivery  of  an  equivalent  in  other  products,  and  upon 
what  terms  such  commutation  shall  be  made  Any  com 
mutation  thus  awarded  shall  be  enforced  and  collected,  in 
all  respects,  as  is  provided  for  any  other  contribution  re 
quired  by  this  act. 

SEC.  3.  The  Secretary  of  War  may,  at  his  discretion,  de 
fine  to  assess,  or,  after  assessment,  may  decline  to  collect 
tho  whole  or  any  part  of  the  additional  one  tenth  herein 
provided  for,  in  any  district  or  locality  ;  and  it  shall  be  his 
duty  promptly  to  give  notice  of  any  such  determination, 
specifying,  with  reasonable  certainty,  the  district  or  locality 
and  the  product,  or  the  proportion  thereof,  as  to  which  he 
so  declines. 

SEC.  4.  The  products  received  for  the  contribntion  herein 
required,  shall  be  disposed  of  and  accounted  fir  in  the  wimo 
manner  as  those  received  for  the  tax  in  kind  ;  and  tho  Secre 
tary  of  War  may,  whenever  the  exigencies  of  the  public 
service  will  allow,  authorize  the  sale  of  products  received 
from  either  source,  to  public  officers  or  agents  charged  in 
any  State  with  the  duty  of  providing  for  the  families  of  sol 
diers.  Such  sale  shall  be  at  the  prices  paid  or  assessed  for 
the  products  sold,  including  the  actuaf  cost  of  collec 
tions. 

SEC.  5.  If,  in  addition  to  the  tax  in  kind  and  the  contri 
button  herein  required,  the  necessities  of  the  army  or  the 
good  of  the  service  shall  require  other  supplies  of  food  or 
forage,  or  any  other  private  property,  and  the  same  cau- 
not  bo  procured  by  contract,  then  impressment;  may  be 
made  of  such  supplies  or  other  property,  either  for  Absolute 
ownership  or  for  temporary  use,  as  the  public  necessities 
may  require.  Such  impressments  shall  be  made  in  accord 
ance  with  the  provisions,  and  subject  to  the  restrictions  of 
the  existing  impressment  laws,  except  so  far  as  is  herein 
otherwise  provided. 

Sice.  6.  Tho  right  and  the  duty  of  making  impressments 
is  hereby  confided  exclusively  to  the  officers  and  agents 
charged  in  tho  several  districts  with  the  assessment  and  col 
lection  of  the  tax  in  kind  and  of  the  contribution  herein 
required ;  and  all  officers  and  soldiers  in  any  department  of 
the  army  are  hereby  expressly  prohibited  from  undertak 
ing  in  any  manner  to  interfere  with  these  officers  and 
agents  in  any  part  of  their  duties  in  respect  to  th  >  tax  in 
kind,  the  contribution,  or  the  impressment  herein  provided 
for:  PrnrMeil,  Thsitthis  prohibition  shall  not  be  applicable 
t«.  any  district,  county,  or  parish  in  which  there  shall  be  no 
officer  or  agent  charged  with  the  appointment  and  col'ee- 
tion  of  tho  tax  in  kind. 

SEC.  7.  Supplies  or  other  property  taken  by  impressment 
shall  be  paid  for  by  the  post  quartermaster*  in  the  several 
districts,  and  shnH'be  disposed  of  and  accounted  for  by  them 
as  is  required  in  respect  to  the  tax  in  kind  and  the  contn 
butiou  herein  required :  and  it  shall  be  the  duty  of  the  post 
quartermasters  to  equal t««  and  apportion  the  impressments 
within  their  districts,  as  far  as  practicable,  so  as  toavoul  op 
pressing  any  portion  of  the  community. 

the  Confederate  States  have  the  constitutional  power  to 
authorise,  by  statute,  the  accumulation  of  supplies  for  Fu 
ture  use  of  the  army  by  impressment,  where  hold  >rsrelus» 
to  sell  at  fair  prices:  Proridcd.  'Just  compensation  be 
made  or  tendered  to  the  owner." 


THE   FINANCES. 


373 


SBO  8.  If  any  one  not  authorized  by  law  to  collect  the 
tax  in  tind  or  the  contribution  herein  required,  or  to  make 
impressments,  shall  undertake,  on  any  pretence  of  such 
authority,  to  s-'ize  or  impress,  or  to  collect  or  receive  any 
such  property,  or  shall,  on  any  such  pretence,  actually  ob- 
tnin  such  property,  he  shall,  upon  conviction  thereof,  be 
punished  by  fine  not  exceeding  five  times  the  value  of  such 
property,  nnd  be  imprisoned  not  exceeding  five  years,  at 
the  discretion  of  the  court  having  jurisdiction.  And  it 
shall  be  the  duty  of  all  officers  and  agents  charged  with 
the  assessment  and  collection  of  the  tax  in  kind  and  of  the 
contribution  herein  required,  promp','*  to  report,  through 
the  post  quartermasters  in  the  several  districts,  any  viola 


tion  or  disregard  of  the  provisions  of  this  act  by  any  officer 
or  soldier  in  the  service  of  the  Confederate  States. 

PEC.  9.  That  it  shall  not  be  lawful  to  impress  any  sheep, 
milch  cows,  brood  mares,  stud  horses,  jacks,  bulls,  or  other 
stock  kept  or  necessary  for  raising  horses,  mules,  or  cattle. 

The  following  is  the  vote  by  which  the  bill 
passed  the  Senate : 

YEAS  Messrs.  Caperton,  Graham,  Haynes,  Jeinison,  John 
son  (Ark.),  Johnson  (Mo.),  Mitchel,  Orr,  Walker.  Watson — 
10. 

NATS— Messrs.  Bakei,  Burnett,  Henry,  Hunter,  Maxwell, 
Semmes,  Sparrow — 7. 


MISCELLANEOUS. 


The  President  on  Colonization,  in  Au 
gust,  1862. 

1862,  August  14 — The  President  received  a 
deputation  of  colored  persons  relative  to  emi 
gration.  The  interview  is  thus  reported : 

WASHINGTON,  THURSDAY,  August  14, 1862. 

This  afternoon  the  President  of  the  United  States  gave  an 
audience  to  a  committee  of  colored  men  at  the  White  House. 
They  were  introduced  by  llev.  J.  Mitchell,  Commissioner  of 
Emigration.  E.  M.  Thomas,  the  chairman,  remarked  that 
they  were  there  by  invitation  to  hear  what  the  Executive 
had  to  say  to  them. 

Having  all  been  seated,  the  President,  after  a  few  pre 
liminary  observations,  informed  them  that  a  sum  of  money 
had  been  appropriated  by  Congress,  and  placed  at  his  dispo 
sition,  for  the  purpose  of  aiding  the  colonization  in  some 
country  of  the  people,  or  a  portion  of  them,  of  African  des 
cent,  thereby  making  it  his  duty,  as  it  had  for  a  long  time 
been  his  inclination,  to  favor  that  cause;  and  why,  he  asked, 
should  the  people  of  your  race  be  colonized,  and  where  ? 
Why  should  they  leave  this  country  ?  This  is,  perhaps,  the 
first  question  for  proper  consideration.  You  and  we  are 
different  races.  Wo  have  between  us  a  broader  difference 
than  exists  between  almost  any  other  two  races.  Whether 
it  is  right  or  wrong  I  need  not  discuss;  but  this  physical 
difference  is  a  great  disadvantage  to  us  both,  as  I  think. 
Your  race  suffer  very  greatly,  many  of  them  by  living 
among  us,  while  ours  suffer  from  your  presence.  In  a  word 
we  suffer  on  each  side.  If  this  is  admitted,  it  affords  a  rea 
son,  at  least,  why  we  should  be  separated.  You  here  are 
freemen,  I  suppose. 

A  VOICE — Yes,  sir. 

The  PRESIDENT— Perhaps  you  have  long  been  free,  or  all 
your  lives.  Your  race  are  suffering,  in  my  judgment,  the 
greatest  wrong  inflicted  on  any  people.  But  even  when 
you  cease  to  be  slaves,  you  are  yet  far  removed  from  being 
placed  on  an  equality  with  the  white  race.  You  are  cut  off 
from  many  of  the  advantages  which  the  other  race  enjoys. 
The  aspiration  of  men  is  to  enjoy  equality  with  the  best 
when  free,  but  on  this  broad  continent  not  a  single  man  of 
your  race  is  made  the  equal  of  a  single  man  of  oure.  Go 
where  you  are  treated  the  best,  and  the  ban  is  still  upon 
you.  I  do  not  propose  to  discuss  this,  but  to  present  it  as  a 
fact,  with  which  we  have  to  deal.  I  cannot  alter  it  if  I 
would.  It  is  a  fact  about  which  we  all  think  and  feel  alike, 
I  and  you.  We  look  to  our  condition.  Owing  to  the  exist 
ence  of  the  two  races  on  this  continent,  I  need  not  recount 
to  you  the  effects  upon  white  men,  growing  out  of  the  insti 
tution  of  slavery.  I  believe  in  its  general  evil  effects  on  the 
white,  race.  See  our  present  condition — the  country  en 
gaged  in  war!  our  white  men  cutting  one  another's  throats 
— none  knowing  how  far  it  will  extend — and  then  consider 
•what  we  know  to  be  the  truth.  But  for  your  race  among 
ua  there  could  not  be  war,  although  many  men  engaged  on 
either  side  do  not  care  for  you  one  way  or  the  other.  Never 
theless,  I  repeat,  without  the  institution  of  slavery,  and  the 
colored  race  as  a  basis,  the  war  could  not  have  an  existence. 
It  is  bette,r  for  us  both,  therefore,  to  be  separated.  I  know 
that  there  are  free  men  among  you  who,  even  if  they  could 
Letter  their  condition,  are  not  as  much  inclined  to  go  out 
of  the  country  as  tho^e  who,  being  slaves,  could  obtain  their 
freedom  on  this  condition.  I  suppose  one  of  the  principal 
difficulties  in  the  way  of  coloni/.ation  is  that  the  free  col 
ored  man  cannot  see  that  his  comfort  would  bo  advanced 
by  it.  You  may  believe  that  you  can  live  in  Washington, 
or  elsewhere  in  the  United  States,  the  remainder  of  your 
life ;  perhaps  more  BO  than  you  can  in  any  foreign  country, 


and  hence  you  may  come  to  the  concl'usion  that  you  have 
nothing  to  do  with  the  idea  of  going  to  a  foreign  country. 
This  is  (I  speak  in  no  unkind  sense)  an  extremely  selfish 
view  of  the  case.  But  you  ought  to  do  something  to  help 
those  who  are  not  so  fortunate  as  yourselves.  There  is  ait 
unwillingness  on  the  part  of  our  people,  harsh  as  it  may  be-, 
for  you  free  colored  people  to  remain  with  us.  Now  if  you 
could  give  a  start  to  the  white  people  you  would  open  a 
wide  door  for  many  to  be  made  free.  If  we  deal  with  those 
who  are  not  free  at  the  beginning,  and  whose  intellects  are 
clouded  by  slavery,  we  have  very  poor  material  to  start 
with.  If  intelligent  colored  men,  such  as  are  before  me, 
would  move  in  this  matter,  much  might  be  accomplished. 
It  is  exceedingly  important  that  wo  have  men  at  the  begin 
ning  capable  of  thinking  as  white  men,  and  not  those  who 
have  been  systematically  oppressed.  There  is  much  to  en 
courage  you.  For  the  sake  of  your  race  you  should  sacrifice 
something  of  your  present  comfort  for  the  purpose  of  being 
as  grand  in  that  respect  as  the  white  people.  It  is  a  cheer 
ing  thought  throughout  life,  that  something  can  be  done  to 
ameliorate  the  condition  of  those  who  have  been  subject  to 
the  hard  usages  of  the  world.  It  is  difficult  to  make  a  man 
miserable  while  he  feels  he  is  worthy  of  himself  and  claima 
kindred  to  the  great  God  who  made  him.  In  the  American 
Revolutionary  war  sacrifices  were  made  by  men  engaged  in 
it,  but  they  were  cheered  by  the  future.  General  Washing 
ton  himself  endured  greater  physical  hardships  than  if  he 
had  remained  a  British  subject,  yet  he  was  a  happy  man, 
because  he  was  engaged  in  benefiting  his  race,  in  doing 
something  for  the  children  of  his  neighbors,  having  none 
of  his  own. 

The  colony  of  Liberia  has  been  in  existence  a  long  time. 
In  a  certain  sense  it  is  a  success.  The  old  President  of  Li 
beria,  Roberts,  has  just  been  with  me  the  first  time  I  ever 
saw  him.  He  says  they  have  within  the  bounds  of  that 
colony  between  three  and  four  hundred  thousand  people, 
or  more  than  in  some  of  our  old  States,  such  as  Rhode 
Island  or  Delaware,  or  in  some  of  our  newer  States,  and  les* 
than  in  some  of  our  larger  ones.  They  are  not  all  Amer 
ican  colonists  or  their  descendants.  Something  less  than 
12,000  have  been  sent  thither  from  this  country.  Many  of 
the  original  settlers  have  died,  yet,  like  people  elsewhere, 
their  offspring  outnumber  those  deceased.  The  question  i*, 
if  the  colored  people  are  persuaded  to  go  anywhere,  why 
not  there?  One  reason  for  unwillingness  to  do  so  is,  that 
some  of  you  would  rather  remain  within  reach  of  the  coun 
try  of  your  nativity.  I  do  not  know  how  much  attachment 
you  may  have  toward  our  race.  It  does  not  strike  me  that 
you  have  the  greatest  reason  to  love  them.  But  still  you 
are  attached  to  them  at  all  events.  The  place  I  am  think 
ing  about  having  for  a  colony  is  in  Central  America.  It  is 
nearer  to  us  than  Liberia— not  much  more  than  one  fourth 
as  far  as  Liberia,  and  within  seven  lays' run  by  •teamen. 
Unlike  Liberia,  it  is  a  great  line  of  vravel— it  is  a  highway. 
The  country  is  a  very  excellent  one  for  any  people,  and  with 
groat  natural  resources  and  advantages,  and  especially  be 
cause  of  the  similarity  of  climate  with  your  native  soil, 
thtls  being  suited  to  your  physical  condition.  The  particu 
lar  place  I  have  in  view  is  to  bo  a  great  highway  from  the 
Atlantic  or  Caribbean  Sea  to  the  Pacific  Ocean,  and  this 
particular  place  has  all  the  advantages  for  a  colony.  On 
both  sides  there  are  harbors  among  the  finest  in  the  world. 
Again,  there  is  evidence  of  very  rich  coal  mines.  A  certain 
amount  of  coal  is  valuable  in  any  country.  Why  I  attach  so 
much  importance  to  coal  is,  it  will  afford  an  opportunity  to 
the  inhabitants  for  immediate  employment  till  they  get 
ready  to  settle  permanently  in  their  homes.  If  you  take 
colonists  where  there  is  no  good  landing,  there  is  a  bad 
show ;  and  BO  where  there  is  nothing  to  cultivate,  and  of 

374 


MISCELLANEOUS. 


375 


which  to  make  a  farm.  Hut  if  something  is  started  so  that 
jou  can  get  your  daily  bread  as  soon  as  you  ruach  there,  it 
ii  .i  great  advantage.  Coal  land  is  the  best  thing  I  know 
of  \N  illi  which  to  commence  an  enterprise.  To  return — you 
have  been  talked  to  upon  this  subject,  and  told  that  a  spe< 
ulation  is  intended  by  gentlemen  who  have  au  interest  ii 
the  country,  including  the  coal  mines.  We  have  been  mis 
taken  all  our  lives  if  we  do  not  know  whites,  as  well  as 
blacks,  look  to  their  self-interest.  Unless  among  those  de 
ficient  of  intellect,  everybody  you  trade  with  makes  some 
thing.  You  meet  with  these  things  here  and  everywhere. 
If  such  persons  have  what  will  be  an  advantage  to  them, 
the  question  is,  whether  it  cannot  be  made  of  advantage  to 
you  ?  You  are  intelligent  and  know  that  success  does  not 
as  much  depend  on  external  help  as  on  self-reliance.  Much, 
therefore,  depends  upon  yourselves.  As  to  the  coal  mines, 
I  think  I  see  the  means  available  for  your  self-reliance.  I 
shall,  if  I  get  a  sufficient  number  of  you  engaged,  have  pro 
vision  made  that  you  shall  not  be  wronged.  If  you  will 
engage  in  the  enterprise,  I  will  spend  somo  of  the  money 
intrusted  to  me.  I  am  not  sure  you  will  succeed.  The  Gov 
ernment  may  lose  the  money,  but  we  cannot  succeed  unless 
wo  try ;  but  we  think  with  care  we  can  succeed.  The  polit 
ical  affairs  in  Central  America  are  not  in  quite  as  satisfac 
tory  condition  as  I  wish.  There  are  contending  factions  in 
that  quarter;  but  it  is  true,  all  the  factions  are  agreed  alike 
on  the  subject  of  colonization,  and  want  it,  and  are  more 
generous  than  we  are  here.  To  your  colored  race  they  have 
no  objection.  Besides,  I  would  endeavor  to  have  you  made 
equals,  and  have  the  best  assurance  that  you  should  be  the 
equals  of  the  best.  The  practical  thing  I  want  to  ascertain 
is.  whether  I  can  get  a  number  of  able-bodied  men,  with 
their  wives  and  children,  who  are  willing  to  go,  when  I  pre 
sent  evidence  of  encouragement  and  protection.  Could  I 
get  a  hundred  tolerably  intelligent  men,  with  their  wives 
and  children,  and  able  to  '•  cut  their  own  fodder,"  so  to 
speak  ?  ( 'an  I  have  fifty  ?  If  I  could  find  twenty-five  able- 
bodied  men.  with  a  mixture  of  women  and  children — good 
things  in  the  family  relation,  I  think — I  could  make  a  suc 
cessful  commencement.  I  want  you  to  let  me  know  whether 
this  can  be  done  or  not.  This  is  the  practical  part  of  my 
wish  to  see  you.  These  are  subjects  of  very  great  import 
ance—worthy  of  a  month's  study,  of  a  speech  delivered  in 
an  hour.  I  ask  you,  then,  to  consider  seriously,  not  per 
taining  to  yourselves  merely,  nor  for  your  race  and  ours  for 
the  present  time,  but  as  one  of  the  things,  if  successfully 
managed,  for  the  good  of  mankind — not  confined  to  the 
present  generation,  but  as 

"  From  age  to  age  descends  the  lay 

To  millions  yet  to  be, 
Till  far  its  echoes  roll  away 
Into  eternity." 

The  above  is  merely  given  as  the  substance  of  the  Presi- 
cbnt's  remarks. 

The  chairman  of  the  delegation  briefly  replied,  that 
"they  would  hold  a  consultation,  and  in  a  short  time  give 
an  answer."  The  President  said,  "  Take  your  full  time — no 
hurry  at  all." 

The  delegation  then  withdrew. 

It  was  proposed  to  settle  these  persons  on  a 
tract  of  country  in  New  Grenada,  but  that  Gov 
ernment  objected,  and  no  further  attempt  has 
been  made  in  that  direction.  (For  further  par 
ticulars  see  page  212.) 


Incompatibility  of  Civil  and  Military 
Office. 

ROBEUT  C.  SCHENCK  and  FRANCIS  P.  BLAIR, 
Jr.,  were  elected  in  the  fall  of  1862  members  of 
the  Thirty-Eighth  Congress,  the  first  named 
then  being  a  Major  General.  The  latter  was 
a  Brigadier,  and  was  com  missioned  a  .\i;i  « 
General  subsequently  to  the  election.  The 
former  resigned  his  commission  November  13. 
1863,  to  take  his  seat  in  Congress,  the  resigna 
tion  to  have  effect  December  5, 1863  ;  the  Pres 
ident  accepted  it  November  21.  The  latter  re 
signed  January  1,  1864,  which  the  President 
accepted  January  12,  giving  it  effect  that  day. 
He  took  the  oath  of  office  as  Representative  in 
Congress,  January  12  April  23,  he  requested- 
to  withdraw  his  resignation  as  Major  General 
of  volunteers  ;  and,  same  day,  the  President 


assigned  him  to  the  command  of  the  Seven 
teenth  Army  Corps. 

IN  SENATE. 

June  15 — The  Judiciary  Committee  reported 
this  resolution  : 

Rewired,  That  an  officer  of  the  United  States  whose  res 
ignation  has  been  duly  accepted  and  taken  effect,  or  who, 
having  been  elected  a  member  of  either  House  of  Congress, 
qualifies  and  enters  on  the  discharge  of  the  duties  of  a 
member,  is  thereby,  in  either  case,  out  of  the  office  previ 
ously  held,  and  cannot  be  restored  to  it  without  a  new  ap 
pointment,  in  the  manner  prescribed  by  the  Constitution. 

June  30 — This  resolution  passed  without  a 
division. 

IN  HOUSE. 

June  13 — The  Committee  on  Elections  made 
a  report,  and  submitted  these  resolutions: 

Resolved,  That  ROBERT  C.  SCHENCK,  having  resigned  the 
office  of  Major  General  of  Volunteers  which  he  then  held 
on  the  13th  day  of  November,  1863,  which  resignation  was 
accepted  November  21,  1863,  to  take  effect  December  5, 
1863.  was  not,  by  reason  of  having  held  such  office,  disquali 
fied  from  holding  a  seat  as  a  Representative  in  the  Thirty- 
Eighth  Congress,  whose  first  session  commenced  on  the  7th 
day  of  December,  1863. 

Resolved,  That  FRANCIS  P.  BLAIR,  Jr.,  by  continuing  to 
hold  the  office  of  Major  General  of  Volunteers  to  which  he 
was  appointed  November  29,  1862,  and  to  discharge  the  du 
ties  thereof  till  January  1,  1864,  the  date  of  his  resignation, 
did  thereby  decline  and  disqualify  himself  to  hold  the  office 
of  Representative  in  the  Thirty-Eighth  Congress,  the  first 
session  of  which  commenced  on  the  first  Monday  in  Decem 
ber,  1863. 

June  29  —They  were  adopted  without  a  di 
vision. 

Repeal  of  the  Fishing  Bounties. 
First  Session,  Thirty-Seventh  Congress. 

Pending  the  consideration  of  a  tax  bill  in  the 
Senate, 

July  29,  1861,  Mr.  SAULSBURY  moved  to  add 
this  section : 

That  from  and  after  the  6th  day  of  October,  1861,  all  acts 
and  parts  of  acts  granting  allowances  or  bounties  on  the 
tonnage  of  vessels  employed  in  the  bank  or  other  cod  fish 
eries,  be,  and  the  same  are  hereby,  repealed. 

Which  was  rejected  —  yeas  15,  nays  19,  as 
follows : 

YEAS— Messrs.  Browning,  Carlile.,  Chandler,  Doolittle, 
Grimes,  Ilarlan,  Johnson  of  Missouri,  Polk,  Powell,  Rice, 
Saulslwry,  Sherman,  Trumbull,  Wilkinson,  Willey— 15. 

NAYS— Messrs.  Anthony,  Clark,  Collamer,  Dixon,  Fessen- 
den,  Foot,  Foster,  Harris.  King,  Lane  of  Indiana,  Lane  of 
Kansas.  McDnugall,  Merrill,  Poineroy,  Simmons,  Sumner, 
Ten  Eyck,  Wade,  Wilson— 19. 

Third  Session.  Thirty-Seventh  Congress. 
IN  SENATE. 

1863,  Feb.  2 — Pending  the  legislative  bill, 
Mr.  POWELL  offered  this  new  section  : 

That  all  laws  or  parts  of  laws  allowing  or  giving  bounties 
on  the  tonnage  of  vessels  engaged  in  the  cod  or  other  bank 
fisheries,  be,  and  the  same  are  hereby,  repealed. 

Which  was  rejected — yeas  8,  nays  35,  as  fol 
lows  : 

YEAS  — Messrs.  Carlik,  Kennedy,  Powell,  Richardson, 
Sherman,  Turpie,  Wall,  Wilson  of  Missouri— 8. 

NAYS — Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla 
mer,  Cowan,  Davis,  Dixon,  Doolittle,  Fesseuden,  Foot,  Foster, 
Grimes,  Hale,  Harding,  Ilarlan,  Harris,  Ificks,  Howard, 
Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Latham, 
McDougall,  Morrill,  Poineroy,  Rice,  Sumner,  Trumbull, 
Wade,  Wilkinson,  Willey,  Wilrnot,  Wilson  of  Mass— 35. 

First  Session,  Thirty-Eighth  Congress. 

1864,  April    12 — The    Naval    appropriation 
bill  being    under  consideration    in  the    Senate, 


376 


MISCELLANEOUS. 


Mr.  POWELL  offered    the    following   as    a   new 

section : 

That  from  and  after  tho  first  day  of  July,  1864,  all  acts 
ami  parts  of  acts  granting  allowances  or  bounties  on  the 
tonnage  of  vemelfl  engaged  in  the  Bank  or  other  cod  fish 
eries  he,  and  the  same  are  hereby,  repealed. 

Which  was  rejected — yeas  18,  nays  20,  as 
follows : 

YEAS — Messrs.  Buckal?.w,  Cowan,  Davis,  Harding,  Har- 
lan,  Henderson,  Jfendricks,  Lane  of  Indiana,  Lane  of  Kan 
sas,  M-l)oiti/>'ll,  Xesmtih,  Poineroy,  Powell,  Saulsbury. 
Trumbull,  Wilkinson,  Willey,  Wn'f/M—lS. 

NAYS — Messrs.  Anthony,  Chandler,  Conness,  Doolittle, 
Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harris,  Howe,  John 
son,  Morgan.  Ramsey.  Sherman,  Sprague,  Sumuer,  Ten 
Eyck,  Wade,  Wilson— 20. 

May  31 — Pending  the  Internal  Revenue  bill, 
Mr.  POWELL  offered  the  same  section,  which 
was  rejected — yeas  11,  nays  24,  as  follows: 

YEAS — Messrs.  Buckalew,  Conness,  Davis,  Grimes,  Ifen- 
dricks,  JVesmifh,  Powell,  Richardson,  Saulnbury,  Sherman, 
Trumbull— 11. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Dixon,  Doo 
little,  Fessenden,  Foot,  Foster,  Hale,  Howard,  Howe,  John 
son,  Lane  of  Kansas,  Morgan,  Morrill,  Poineroy,  Ramsey, 
Sunincr.  Ten  Eyck,  Van  Winkle,  Wade,  Wilkinson,  Willey, 
Wilson— 24. 

To  prohibit  Polygamy  in  Utah. 
Second  Session,  Thirty-Seventh  Congress. 

IN  HOUSE. 

1862,  April  28— The  House  passed,  without  a 
division,  a  bill  to  punish  and  prevent  the  prac 
tice  of  polygamy  in  the  Territories  of  the  United 
States  and  other  places,  and  disapproving  and 
annulling  certain  acts  of  the  territorial  legisla 
ture  of  Utah.  (It  is  the  identical  bill  passed  at 
the  first  session  of  the  Thirty-Sixth  Congress, 
with  the  difference  that  this  bill  strikes  out  the 
exception  of  the  District  of  Columbia  from  its 
provisions,  which  was  contained  in  the  other.) 
June  3 — The  bill,  amended,  passed  the  Sen 
ate — yeas  37,  nays  2,  (Messrs.  Latham  and  Mc- 
Douyall.} 


Declaring  Certain  Persons  Ineligible 

to  Office. 

Second  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

1861,  December  23 — Mr.  MOORHEAD  offered 
this  resolution,  which  was  adopted  : 

Resolved,  That  the  Judiciary  Committee  be  instructed  to 
inquire  into  tho  expediency  of  reporting  a  bill  providing 
that  any  person  or  persons  engaged  or  implicated  in  the 
present  rebellion  against  the  Constitution  of  the  United 
States  be  forever  hereafter  rendered  ineligible  to  hold  any 
office  under  tho  Constitution  and  laws  of  the  United  States 

18G2,  March  13— Mr.  WILSON  gave  notice  of 
a  bill  declaring  certain  persons  ineligible  to  of 
fice. 

June  4 — The  House  passed  a  bill  declaring 
certain  persons  ineligible  to  office. 

It  F— •  'ides  that  any  person  elected  or  appointed  to  any 
office  of  honor  or  profit  under  the  Government  of  the  United 
States,  either  in  the  civil,  military,  or  naval  department, 
.shall,  before  entering  on  the  duties  of  such  office,  and  be 
fore  being  entitled  to  any  of  tho  salary  or  other  emoluments 
thereof,  take  and  subscribe  an  oath  that  he  had  never  vol 
untarily  borne  arms  against  the  Government  of  the  United 
Suites  since  he  had  been  a  citizen  thereof;  had  Tolnntarily 
given  no  aid,  countenance,  counsel,  or  encouragement  to 
persons  engaged  in  armed  hostility  thereto  ;  had  never 
sought  or  accepted  or  attempted  to  exercise  the  functions  of 
any  office  whatever  under  any  authority  or  pretended  au 
thority  in  hostility  to  tho  Government  of 'the  United  States  ; 


that  he  had  neither  voluntarily  renounced  his  allegiance  to 
the  Government  of  the  United  Suites  nor  yielded  a  volun. 
Uiry  supjtort  to  any  pretended  government,  authority,  j>ow« 
cr,  or  constitution,  hostile  or  inimical  thereto  ;  that  he  will 
support  and  defend  the  Constitution  and  Government  of  the 
United  States  and  all  laws  made  in  pursuance  thereof 
against  all  enemies,  foreign  or  domestic  ;  bear  true  faith 
and  allegiance  to  the  same  ;  that  he  takes  the  obligation 
without  any  mental  reservation  or  evasion  ;  and  that  be 
will  well  and  faithfully  discharge  the  duties  of  the  office  on 
which  he  is  about  to  enter.  This  oath  is  to  be  preserved 
among  the  flies  of  the  court,  House  of  Congress,  or  deparU 
ment  to  which  such  office  may  appertain  ;  and  any  per 
son  falsely  taking  such  oath  shall  be  guilty  of  perjury, and 
0:1  conviction  thereof,  shall,  in  addition  to  the  penalties  novr 
prescribed,  be  deprived  of  his  office,  and  rendered  incapa 
ble  forever  thereafter  of  holding  any  office  under  the  Gov 
ernment  of  the  United  States. 

Yeas  78,  nays  47.     The  NAYS  were: 


J'eiullebm,  John  S.  PheJpx,  Richardson,  Robinson,  James 
S.  Rollins,  Hesar, ,Sltiel,  Smith,  John  B.  S'eele,  William  G. 
S'  tie,  Stilus,  Benjamin  F.  Thomas,  Francis  Thom'is,  Vallan- 
iligham,  Vibbard,  Voorltf^,  Wad.-: worth.  Ward,  ChilLon  A. 
White,  Wickliffe,  Woodruff,  Wright— 4V. 

June  23 — The  bill  was  amended  and  passed 
in  the  Senate — yeas  23, nays  5.  (Messrs.  Bayard, 
Carlile,  Kennedy,  Powell,  Saulsbury.) 

June  24 — The  House  non-concurred  in  the 
amendments  of  the  Senate.  A  Committee  of 
Conference  arranged  the  differences,  and  their 
report,  being  the  existing  law,  was  adopted  in 
the  House  without  a  division,  and  in  the  Sen 
ate — yeas  27,  nays  8,  (Messrs.  Bayard,  Carlile, 
Davvs,  Henderson,  Nesmith,  Powell,  Saulsbury, 
Stark.) 

Bill  to  Punish  Conspiracies. 

The  bill  to  define  and  punish  conspiracies  provides  that 
if  two  or  more  persons  within  any  State  or  Territory  of  tho 
United  States  shall  conspire  together  to  overthrow,  or  to 
put  down,  or  to  destroy  by  force,  the  Government  of  the 
United  States,  or  to  levy  war  against  the  United  States,  or 
to  oppose  by  force  the  authority  of  the  Government  of  the 
United  States;  or  by  force  to  prevent,  hinder,  or  delay  the 
execution  of  any  law  of  the  United  States;  or  by  force  to 
seize,  take,  or  possess  any  property  of  the  United  Stated 
against  the  will,  or  contrary  to  the  authority  of  the  United 
States ;  or  by  force,  or  intimidation,  or  threat,  to  prevent 
any  person  from  accepting  or  holding  any  office,  or  trust,  or 
place  of  confidence,  under  the  United  States;  each  and 
every  person  so  offending  shall  be  guilty  of  a  high  crime, 
and  upon  conviction  in  any  district  or  circuit  court  of  the 
United  States  having  jurisdiction,  or  district  or  supreme 
court  of  any  Territory  of  the  United  States  having  jurisdic 
tion,  shall  be  punished  by  a  fine  not  less  than  f.'>00  and  not 
more  than  §o,OOU,  or  by  imprisonment,  solitary  or  social, 
and  with  or  without  hard  labor,  as  the  court  shall  determ 
ine,  for  a  period  not  less  than  six  months  nor  greater  than 
six  years ;  or  by  both  such  fine  and  imprisonment. 

1861,  July  15— It  passed  the  House — yeas 
123,  nays  7,  (Messrs.  Ashley,  Burnett,  Diven, 
Edgerton,  Goodwin,  Pomeroy,  Wood.) 

July  26 — The  bill  passed  the  Senate  without 
a  division. 

Same  day — Mr.  POWELL  presented  this  pro 
test  against  its  passage : 

Protest  of  the  minority  of  the  Senate  of  the  United  State* 
against  the,  passage  of  the  House  bill  No.  45.  entitled  "An 
act  to  dfflne  and  punish  certain  conspirators." 
The  anaenigned,  member!  of  the  Senate,  dissent  from  the 
passage  of  the  bill  on  the  following  grounds: 

The  government  of  the  United  States  is  a  Government  of 
specially  delegated  powers ;  and  though  treason  is  one  of  the 
highest  crime*  known  to  tho  law,  it  is  a  political  offence. 

To  guard  against  tho  abuses  which  in  times  of  high  ex 
citement  had,  in  tho  history  of  England  previous  to  the  rev 
olution  of  1088,  too  often  sacrificed  able,  virtuous,  and 
innocent  men  on  charges  of  treason  and  kindred  offrncea, 
unaccompanied  by  acts,  the  Constitution  ol  the  United 


MISCELLANEOUS. 


377 


States  expressly  defines  the  crime  of  treason  in  th 
ing  terms : 

ART.  .'?,  SEC.  3.  "Treason  against  the  United  States  shall 
consist  only  in  levying  war  against  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort." 

It  further  provides  that  '•  no  person  shall  bo  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court.'' 

The  intent  to  restrict  Congress  in  the  creation  of  crimes 
of  the  nature  created  by  this  bill  seems  obvious ;  for  in  trea 
son  all  are  principals,  and  in  any  conspiracy  of  tho  kind 
stated  in  the  bill,  an  overt  act  in  pursuance  of  it,  proved  by 
two  witnesses,  would  be  treason  against  the  United  States. 
Thus  the  creation  of  an  offence,  resting  in  intention  alone, 
without  overt  act.  would  render  nugatory  the  provision  last 
quoted,  and  the  door  would  be  opened  for  those  similar  op 
pressions  and  cruelties  which,  under  the  excitement  of  po 
litical  struggles,  have  so  often  disgraced  the  past  history  of 
the  world.  The  undersigned  can  conceive  no  possible  object 
in  defining  the  crime  of  treason  by  our  ancestors,  and  re 
quiring  proof  by  two  witnesses  to  the  same  overt  act  to 
justify  the  conviction  of  the  accused,  unless  it  be  to  restrict 
the  power  of  Congress  in  tho  creation  of  a  political  crime 
kindred  to  treason,  and  charged  as  resting  in  intent  alone, 
which  would,  if  accompanied  by  an  overt  act,  be  treason. 

It  matters  not  that  the  punishment  prescribed  in  the  law 
is  not  death,  but  imprisonment :  for  the  passage  of  the  bill, 
though  it  might  not  affect  the  life  of  an  innocent  man. 
would  give,  from  the  uncertainty  of  the  offence  chargedj 
and  the  proof  requisite  to  sustain  it,  the  utmost  latitude  to 
prosecutions  founded  on  personal  enmity  and  political  ani 
mosity  and  the  suspicious  as  to  intention  which  they  inevi 
tably  engender.  JAMES  A.  BAYARD, 

L.  W.  POWELL, 

J.  D.  BRIGHT, 

W.  SAULSBURY, 

TRUSTEN  POLK, 

J.  A.  PEARCE, 

A.  KENNEDY, 

JOHN  C.  BRLCKINRIDGE, 

WALDO  P.  JOHNSON. 

Letters  of  Marque. 
Second  Session,  Thirty-Seventh  Congress. 

Be  it  enacted,  <£c.,  That  in  all  domestic  and  foreign  wars 
the  President  of  the  United  States  is  authorized  to  issue  to 
private  armed  vessels  of  the  United  States  commissions,  or 
letters  of  marque  and  general  reprisal,  in  such  form  as  he 
shall  think  proper,  and  under  the  seal  of  the  United  States, 
and  make  all  needful  rules  and  regulations  for  the  govern 
ment  and  conduct  thereof,  and  for  the  adjudication  and 
disposal  of  the  prizes  and  salvages  made  by  such  vessels  : 
Provided,  That  the  authority  conferred  by  this  act  shall 
cease  and  terminate  at  the  end  of  three  years  from  the 
passage  of  this  act. 

IN  SENATE. 

February  17,  1863 — Mr.  SUMNER  offered 
the  following  amendment : 

That,  to  aid  in  putting  down  the  present  rebellion,  the 
President  of  the  United  States  is  authorized  to  issue  to  pri 
vate  armed  vessels  of  the  United  States,  Ac. 

Which  was  rejected— yeas  13,  nays  22. 
The  bill  passed  the  Senate — yeas  27,  nays  9, 
as  follows  : 

YEAS— Messrs.  Anthony,  Arnold,  Chandler,  Clark,  Colla- 
mer,  Cowan,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Harding,  llarlan,  Harris,  Hicks,  Howe,  King,  Lane  of  Kan 
sas,  Latham,  McDougall,  Morrill,  Nfsmith,  Rice,  Sherman, 
Turpie,  Wade,  Wilson  of  Massachusetts— 27. 

NAYS — Messrs.  Davis,  Dixon,  Henderson,  Howard,  Lane 
of  Indiana,  Pomeroy,  Sumner,  Trumbull,  Wilson  of  Mis 
souri — 9. 

March  2 — The  bill  passed  the  Hous.3  without 
division. 

Enabling  Act  for  Nebraska. 

1864,  March  17 — The  House  considered  the 
bill  to  enable  the  people  of  Nebraska  to  form  a 
constitution  and  State  government,  when  Mr. 
Cox  moved  to  add  a  proviso  : 

That  the  said  Territory  shall  not  be  admitted  aa  a  State 
Qntil  Congress  shall  be  satisfied,  by  a  census  taken  under 
authority  of  law.  that  its  population  shall  be  equal  to  that  i 

required  as  a  ratio  for  one  member  of  Congress  under  the        ys       m  the  dato  of  said  proclamation, 
apportionment.  Mr.  LANE,  of  Kansas,  moved  to   amend   the 


follow- 1      Which  was  disagreed  to — yeas  43,  nays  72. 
The  YEAS  were : 

Messrs'.  James  C  Allen,  Anemia.  Augustus  C.  Baldwin, 
JawsX.  Brown.  Chanler,  Cox.  Dawson,  Denison,  Eldridg?, 
Hall.  Harding.  Harri*  gton.  Herrick,  HoJman.  KaH>flri.-ch, 
Kern'in,  Law,  Long,  Afallon/.  Jlarcy,  McAllister.  McDowell, 
itiddUton,  Jamr*  R  Morris.  Noble,  Odell  John  O'Neill, 
Pcndlftan.  Perry,  Pru>jn,  Rogers.  James  S.  Rollins.  Ross, 
John  B.  Ste.de,  William  G.  Ste"le.  Stiles.  Ktrouse,  Sweat, 
Voorhces,  Wadsivorth,  Webster,  Whs.eler,  Yeaman — i3. 

April  14 — The  Senate  passed  the  bill  without 
a  division. 


State  of  West  Virginia. 

Second   Session,  Thirty -Seventh  Congress. 

IN    SENATE. 

1862,  July  14— The  bill  providing  for  the 
admission  of  the  State  of  West  Virginia  into 
the  Union,  passed — yeas  23,  nays  17,  as  fol 
lows  : 

YKAS— Messrs.  Anthony,  Clark,  Collamer,  Fessenden, 
Foot,  Foster,  Grimes,  Hale,  Harlan.  Harris,  Howe,  Lane  ot 
Indiana,  Lane  of  Kansas.  Morrill.  Pomeroy,  Rice,  Sherman, 
Simmons,  Ten  Eyck,  Wade,  Wilkinson, 'Willey,  Wilson  of 
Massachusetts — 23. 

NAYS — Messrs.  Bayard,  Browning,  Carlile,  Chandler, 
Cowan,  Dnvis,  Howard,  Kennedy,  King,  McDougall,  Pow 
ell,  Saulsbury,  Stark,  Sumner,  Trumbull,  Wilson  of  Missouri 
Wright— 17. 

During  the  pendency  of  this  bill,  July  14, 1862, 
Mr.  SUMNER  moved   to   strike  from  the  first 
section  of  the  second  article  the  words  :   "  the 
children  of  all  slaves  born  within  the  limits  of 
said  State  shall  be  free,"  and  insert: 

WTithin  the  limits  of  the  said  State  there  shall  be  neither 
slavery  nor  involuntary  servitude,  otherwise  than  in  pun 
ishment  of  crimes  whereof  the  party  shall  be  duly  con 
victed. 

Which  was  rejected— yeas  11,  nays  24,  as  fol 
lows  : 

YEAS— Messrs.  Chandler,  Clark,  Grimes,  King,  Lane  of 
Kansas,  Pomeroy,  Sumner,  Trumbull,  Wilkinson,  Wilmot 
Wilson  of  Massachusetts — 11. 

NAYS— Messrs.  Anthony,  Bayard,  Browning,  Carlih,  Col- 
lamer,  Doolittle,  Foot,  Foster,  Harris,  Henderson,  Howe, 
Kennedy,  Lane  of  Indiana,  Powell,  Rice,  Saulsbury,  Sher 
man,  Simmons,  Stark,  Ten  Eyck,  Wade,  Willey,  Wilson  of 
Missouri,  Wright— 24. 

Mr.  WILLEY  proposed  to  strike  out  all  after 
the  word  "That"  in  the  first  section,  and  in 
sert  : 

That  the  State  of  West  Virginia  be,  and  is  hereby  de 
clared  to  be  one  of  the  United  States  of  America,  and  ad 
mitted  into  the  Union  on  an  equal  footing  with  the  original 
States  in  all  respects  whatever,  and  until  the  next  general 
census  shall  be  entitled  to  three  members  in  the  House  of 
Representatives  of  the  United  States:  Provided  always, 
That  this  act  shall  not  take  effect  until  after  the  proclama 
tion  of  tho  President  of  the  United  States  hereinafter  pro- 
ided  for. 

SEC.  2.  It  being  represented  to  Congress  that  since  tho 
convention  of  the  26th  of  November,  1861,  that  framed  and 
proposed  the  constitution  for  the  said  State  of  West  Vir 
ginia,  the  people  thereof  have  expressed  a  wish  to  change 
the  seventh  section  of  tho  eleventh  article  of  said  constitu 
tion  by  striking  out  the  same,  and  inserting  the  iollowiu"-  ia 
ts  place,  namely,  "The  children  of  slaves  born  within  the 
imits  of  this  State  after  the  4th  day  of  .July,  1863,  shall  be 
Tee  and  no  slave  shall  be  permitted  to  come  into  the  State 
ror  permanent  residence  therein  :  "  Therefore, 

Beit  further  enacted,  That  whenever  the  people  of  West 
Virginia  shall,  through  their  said  convention,  and  by  a  vote 
to  be  taken  at  an  election  to  be  held  within  the  limits  of 
he  State  at  such  time  as  the  convention  may  provide,  make 
md  ratify  the  change  aforesaid  and  properly  certify  the 
same  under  tho  hand  of  tho  president  of  the  convention  it 
shall  be  lawful  lor  the  President  of  the  United  States  to 
ssue  his  proclamation  stating  the  fact,  and  thereupon  this 
"-*  shall  talce  effect  and  bo  in  force  from  and  after  sixty 


378 


MISCELLANEOUS. 


amendment  by  inserting  after  the  word  "there 
in  "    and    before    the  word     "Therefore"    the 

words — 

And  that  all  slaves  within  the  said  State  who  shall  at  the 
time  aforesaid  be  under  the  age  of  ten  years  shall  be  free 
when  they  arrive  at  the  age  of  twenty-one  years;  and  all 
slaves  over  ten  and  under  twenty  -one  years  shall  be  free 
when  they  arrive  at  the  age  of  twenty-five  years. 

Which  was  agreed  to — yeas  25,  nays  12,  as 
follows : 

YEAS— Messrs.  Anthony.  Clark,  Collamer,  Doolittle,  Foot, 
Foster,  Grimes,  Ilarlan,  Harris,  Howard,  Howe,  King,  Lane 
of  Indiana,  Lane  of  Kansas,  Morrill,  Pomeroy,  Sherman, 
Simmons,  Suruner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
Wilmot,  Wilson  of  Massachusetts— 25. 

NAYS — Messrs.  Browning,  (Jarlile,  Davis,  Henderson,  Ken- 
'nedy,  McDougall,  Fowdl,  SauUbury,  Stark,  Willey,  Wilson 
of  Missouri,  Wright — 12. 

The  amendment  as  amended  was  then  agreed 
to. 

A  motion  to  postpone  the  bill  to  the  first 
Monday  of  the  next  December  was  lost — yeas 
11,  nays  23. 

IN  HOUSE. 

July  16 — The  bill  was  postponed  until  the 
second  Tuesday  of  the  next  December — yeas  63, 
nays  33. 

Third  Session,  Thirty-Seventh  Congress. 
18(32,  Dec.  10 — The  House  passed  the  bill* — 
yeas  96,  nays  57,  as  follows: 

YEAS— Messrs.  Aldrich,  Arnold,  Babbitt,  Baker,  Baxter, 
Beaman,  Bingham,  Jacob  B.  Blair,  Samuel  S.  Blair,  Blake, 
Willi:im  G.  Brown,  Buflinton,  Burnham,  Campbell,  Casey, 
CL.unbcrlain,  Clark,  Clements,  Colfax,  Frederick  A.  Conk- 
ling,  Covode,  Cutler,  Davis,  Duell,  Dunn,  Eclgerton,  Ed-  , 
wards,  Eliot,  Ely,  Fenton,  Samuel  C.  Fossenden,  Thomas  A.  | 
D.  Fessenden,  Franchot,  Frank,  Goodwin,  Gurloy,  Jfaight,  \ 
Hale,  Harrison,  llirkman,  Hooper,  Horton.  Hutchins,  Ju- I 
Han,  Kelloy,  Francis  W.  Kellogg,  William  Kellogg.  Killin-  ' 
ger,  Lansing,  Lehman,  Loomis,  Lovejoy,  Low,  McEnight, 
McPherson,  Maynard,  Mitchell,  Moorhead,  Anson  P.  Mor 
rill.  Justin  S.  Morrill,  Nixon,  Nodi,  Olin,  Patton,  Timothy 
G.  Phelps,  Pike,  Pomoroy,  Porter,  Potter,  John   II.  Rice, 
Ridcllc,  Edward  II.   Rollins,   Sargent,   Sedgwick,   Slianks, 
Sheffield,  Shcllabarger,  Sherman,  Sloan,  Spaulding,  Stevens. 
Striitton,   Trimble,  Trowbridge,   Van   Horn,  Van   Valken- 
burgh,  Van  Wyck,  Verree,  Walker,  Wall,  Washburne,  Wha- 
ley,  Albert  S.  White,  Wilson,  Wiudom,  Worcester— 90. 

NAYS — Messrs.  William  ,T.  Allen,  Alley,  Ancona,  Ashley, 
Baibj, Biddle,  Cobl>,  RoscoeConkling.Comvay,  Cox,  Cravens, 
Crisjidd,  Crittendeii,  Delano,  Ddctplaine,  Diven,  Dnnlap,  Eng 
lish,  Gooch,  Granger,  G  rider,  TIall,  Harding,  llolman,  John 
son,  Kerrigan,  Knupp,  Law,  MMory,  Mi-nrirs,  Morris, Noble, 
Norton,  Oddl,  Peiulldon,  Price,  Alexander  II.  Rice,  Rich 
ardson,  Robinson,  James  S.  Rollins,  Sogar,  S/riel,  Smith, 
Jo/m  li.Stee.le,  William  (J.Strele,  Stiles,  Benjamin  F.Thomas, 
Francis  Thomas,  Train,  Vallaiidifiham,  Voorlu-es,  Wadsworth, 
Ward,  CliiUon  A.  White,  Wickliffe,  Wright,  Yeaman— 57. 

1863,  April  20 — The  President  issued  a  proc 
lamation  announcing  the  compliance,  by  West 
Virginia,  of  the  conditions  of  admission. 

Colored  Men  as  Citizens. 

OPINION  OF  ATTOUNEY  GENERAL  BATES. 
ATTORNEY  GENERAL'S  OFFICE, 

November '1$,  1862. 
Hon.  S.  P.  CHASE,  Secretary  of  the  Treasury : 

SIR:  Some  time  ago  I  had  the  honor  to  receive  your  let- 
ler  submitting,  for  my  opinion,  the  question  whether  or  not 
colored  men  can  be  citizens  of  the  United  States.  The  ur 
gency  of  other  unavoidable  engagements,  and  the  great  ini- 

*  It  includes  thesewcountics:  Hancock,  Brooke,  Ohio, 
Marshall,  Wetzel,  Marion,  Monongalia,  Preston,  Taylor,  Ty 
ler,  Pleasants,  Ritchie,  Doddridgo,  Harrison,  Wood.  .Jack 
son,  Wirt,  Roane,  Calhoun.  Gilmer,  Harbour,  Tucker,  Lewis, 
Braxton,  Upshur,  Randolph,  Mason,  Putnam,  Kanawha, 
Clay,  Nicholas,  Cabell,  Wayne,  Boone,  Logan,  Wyoming, 
Mercer,  McDowell,  Webster,  Pocahontas,  Favette,  Raleigh, 
Groenbrier,  Monroe,  Pendleton,  Hardy,  Hampshire,  and 
Morgan. 


portance  of  the  question  itself,  have  caused  me  to  delay  the 
answer  until  now. 

Your  letter  states  that  "  the  schooner  Elizabeth  and  Mar 
garet,  of  New  Brunswick,  is  detained  by  the  revenue  cutter 
Tiger,  at  South  Ainboy,  New  Jen-ey,  because  cumin  -in.],  ! 
by  a  'colored  man,'  and  so  by  a  person  not  a  citizen  of  th» 
United  States.  As  colored  masters  are  numerous  in  our 
coasting  trade,  I  submit,  for  your  opinion,  the  question  sug- 
ge^ted  by  Captain  Martin,  of  the  Tiger  :  Art  colored  men. 
citizens  of  the  United  States,  and  therefore  competent  to 
command  American  vessels?'' 

The  question  would  have  been  more  clearly  stated  if,  in 
stead  of  saying  are  colored  men  citizens,  it  had  been  said, 
can  coloredmen  be  citizens  of  the  United  States  ;  for  within 
our  borders  and  upon  our  ships, both  of  war  and  commerce, 
there  may  be  colored  men,  and  white  men,  also,  who  are 
not  citizens  of  the  United  States.  In  treating  the  subject, 
I  shall  endeavor  to  answer  your  question  as  if  it  imported 
only  this:  Is  a  man  legally  incapacitated  to  be  a  ci'izen  of 
the  United  States  by  the  sole  fact  that  he  is  a  colored,  and 
not  a  white  mnn? 

Who  is  a  citizen?  What  constitutes  a  ci'izen  of  the  Uni 
ted  States?  I  have  been  often  pained  by  the  fruitless  search 
in  our  law  books  and  the  rec.-rds  of  our  courts,  for  a  clear 
and  satisfactory  definition  of  the  phrase  citizen  of  the  Uni 
ted  Stales.  I  find  no  such  definition,  no  authoritative  es 
tablishment  of  thu  meaning  of  the  phrase,  neither  by  a 
course  of  judicial  decisions  in  our  courts,  nor  by  the  con 
tinued  a:id  consentaneous  action  of  the  different  branches 
of  our  political  government  For  aught  I  KBH  to  the  Con 
trary,  the  subject  is  now  as  little  understood  in  its  details 
and  elements,  and  the  question  as  open  to  argum  -nt  and  to 
speculative  criticism,  as  it  was  at  the  beginning  c.f  the  gov 
ernment.  Eighty  years  of  practical  enjoyment  of  citizen 
ship,  under  the  Constitution,  have  not  sutliccd  to  teach  us 
either  the  exact  meaning  of  the  word,  or  the  constituent 
elements  of  the  thing  wo  prize  so  highly. 

In  most  instances,  within  my  knowledge,  in  which  the 
matter  of  citizenship  has  been  discussed,  the  argument  has 
not  turned  upon  tlie  existence  and  the  intrinsic  qualities  of 
citizenship  itself,  but  upon  the  claim  of  some  right  or  priv 
ilege  as  belonging  to  and  inhering  in  the  character  of  citi 
zen.  In  this  way  we  are  easily  led  into  errors  both  of  fact 
and  principle.  We  see  individuals,  who  are  known  to  be 
citi/.ens,  in  the  actual  enjoyment  of  certain  rights!  and 
privileges,  and  in  the  actual  exercise  of  certain  powers,  so 
cial  and  political,  and  we,  inconsiderately,  and  without  any 
regard  to  legal  and  logical  consequences,  attribute  to  those 
individuals,  and  to  all  of  their  class,  the  enjoyment  of  those 
rights  and  privileges  and  the  exercise  of  those  powers  as 
incidents  to  their  citizenship,  and  belonging  to  them  only 
in  their  quality  of  citizens. 

In  such  cases  it  often  happens  that  the  rights  enjoyc  1 
and  the  powers  exercised  have  no  relation  whatever  to  the 
quality  of  citizen,  and  might  be  as  perfectly  enjoyed  and 
exercised  by  known  aliens.  For  instance.  General  Bernard, 
a  distinguished  soldier  and  devoted  citizen  of  France,  fora 
long  time  filled  the  office  of  general  of  engineers  in  the 
service  of  the  United  States,  all  the  time  avowing  his  French 
allegiance,  and,  in  fact,  closing  his  relations  with  the  United 
States  by  resigning  his  commission  and  returning  to  the 
service  of  his  own  native  country.  This,  and  all  such  in 
stances,  (and  they  are  many,)  go  to  prove  that  in  this  conn- 
try  the  legal  capacity  to  hold  office  is  not  confined  to  citi 
zens,  and  therefore  that  the  fact  of  holding  any  office  for 
which  citizenship  is  not  specially  prescribed  by  law  as  a 
qualification,  is  no  proof  that  the  incumbent  is  an  Ameri 
can  citizen. 

Again,  with  regard  to  the  right  of  suffrage,  that  is,  the 
right  to  choose  officers  of  government,  there  is  a  very  com 
mon  error  to  the  effect  that  the  right  to  vote  for  public 
officers  is  one  of  tho  constituent  elements  of  American 
citizenship,  the  leading  faculty  indeed  of  the  citizen,  the 
test  at  once  of  his  legal  right,  and  the  sufficient  proof  of 
his  membership  of  the  body  politic.  No  error  can  be  greater 
than  this,  and  tew  more  injurious  to  the  right  understand 
ing  of  our  constitutions  and  the  actual  working  of  our  po 
litical  governments.  It  is  not  only  not  true  in  law  or  in 
fact,  in  principle  or  in  practice,  but  the  reverse  is  conspicu 
ously  true;  for  I  make  bold  to afnrm  that,  viewing  the  mo 
tion  as  a  whole,  or  viewing  the  States  separately,  there  is 
no  district  in  the  nation  in  which  a  majority  of  tho  known 
and  recognized  citizens  are  not  excluded  by  law  from  the 
risiht  of  suffrage.  Besides  those  who  are  excluded  specially 
on  account  of  some  personal  defect,  such  as  paupers,  idiots, 
lunatics,  and  men  convicted  of  infamous  crimes,  ami,  in 
some  States,  soldiers,  all  females  and  nil  minor  males  are 
also  excluded.  And  these,  in  every  community,  make  the 
majority;  and  yet,  I  think,  no  one  will  venture  to  deny 
that  women  and  children,  and  lunatics,  and  even  convict 
felons,  may  be  citizens  of  the  United  States. 

Our  code  (un  ilce  the  codes  of  Franco,  and  perhaps  8'>me 
other  nations)  makes  no  provision  for  lessor  legal  depriva 
tion  of  citizenship.  Once  a  c  tizen  (whether  natus  or  datust 


MISCELLANEOUS. 


379 


as  Sir  Edward  Coke  expresses  it,)  always  a  citizen,  unless 
changed  by  the  volition  und  act  of  the  individual  Neither 
infaif}  nor  madness  nor  crime  can  take  a\v;iy  from  the 
subject  the  quality  of  citizen.  And  our  laws  do,  in  express 
terms,  declare  women  and  children  to  be  citizens.  See,  for 
one  in-tance,  the  act  of  Congress  of  February  10,  1855,  10 
Stat.,  604. 

The  Constitution  of  the  United  States  does  not  declare 
who  are  and  who  are  not  citizens,  nor  does  it  attempt  to 
describe  the  constituent  elements  of  citizenship.  It  leaves 
that  quality  where  it  found  it,  resting  upon  the  fact  of 
home-birth,  and  upon  the  laws  of  the  several  :-tutes.  Even 
in  the  important  matter  of  electing  members  of  Congress, 
it  does  no  more  than  provide  that  '•  the  House  of  Repre 
sentatives  shall  be  composed  of  members  chosen  every  sec 
ond  year  by  the  people  of  the  several  States;  nnd  the  electors 
in  the  several  Stales  shall  have  the  qualifications  requisite 
for  the  electors  of  the  mo.--t  numerous  branch  of  the  State 
legislature."  Here  the  word  citizen  is  not  mentioned,  and 
it  is  a  legal  fact,  known  of  course  to  all  lawyers  and  pub 
licists,  that  the  constitutions  oi  several  of  the  States,  in 
specifying  the  qualifications  of  electors,  do  altogether  omit 
an.i  exclude  the  word  citizen  and  citizenship.  I  will  refer, 
in  prooi',  to  but  three  instances: 

1.  The  constitution  of  Massachusetts,  adopted  in  1779-'80, 
in   article  4  of  section  3,  chapter  1,  provides  as  follows: 
"  Every  male  pe.rson  (being  twenty-one  years  of  age,  and 
resident  of  a  particnlur  town  in  this  Commonwealth  for  the 
space  of  one  year  next  preceding)  having  a  freehold  estate 
within   the  same  town  of  the  annual   income   of  three 
pounds,  or  any  estate  of  the  value  of  sixty  pounds,  shall 
have  the  right  to  vote   in  the  choice  of  representative  or 
representatives  for  paid  town.'' 

2.  The  constitution  of  North  Carolina,  adopted  in  1776, 
after  a  bill  of  rights,  and  after  reciting  that  "  whereas  alle 
giance  and  protection  are,  in  their  nature,  reciprocal,  and 
the  one  should  of  right  be  refused  when  the  other  is  with 
drawn,"  declares,  in  section  eight,  "  that  u\\  freemen  at  the 
age  of  twenty-one  years,  who  have  been  inhabitants  of  any 
one  county  within  the  State  twelve  months  immediately 
preceding  the  day  of  any  election,  and  shall  have  paid  pub 
lic  taxes,  shall  be  entitled  to  vote  for  members  of  the  House 
of  Commons  for  the  county  in  which  ho  resides." 

3.  The  constitution  of  Illinois,  adopted  in  ISIS,  in  article 
two,  section  twenty-seven,  declares  that  "  in  all  elections  all 
while,  mate  inhabitants  above  the  age  of  twenty-one  years, 
having  resided  in  the  State  six  months  next  preceding  the 
election,  shall  enjoy  the  right  of  an  elector ;  but  no  person 
shall  be  entitled  to  vote  except  in  the  county  or  district  in 
which  he  shall  actually  reside  at  the  time  of  the  election." 

These  three  constitutions  belong  to  States  widely  separ 
ated  in  geographical  position,  varying  greatly  from  each 
other  in  habits,  manners,  and  pursuits,  having  different 
climates,  soils,  productions,  and  domestic  institutions;  and 
yet  not  one  of  the  three  has  made  citizenship  a  necessary 
qualification  for  a  voter;  all  three  of  them  exclude  all  fe 
males,  but  only  oi.c  of  them  (Illinois)  has  excluded  the 
black  man  from  the  right  of  suffrage.  And  it  is  historically 
true  that  the  practice  has  conformed  to  the  theory  of  those 
constitutions,  respectively;  for,  without  regard  to  citizen 
ship,  the  colored  man  has  not  voted  in  Illinois,  and  freemen 
of  all  colors  have  voted  in  North  Carolina  and  Massachu 
setts. 

From  all  this  it  is  manifest  that  American  citizenship 
does  not  necessarily  depend  upon  nor  coexist  with  the  legal 
capacity  to  hold  office-  and  the  right  of  suffrage,  either  or 
both  of  them.  The  Constitution  of  the  United  States,  as  I 
have  said,  does  not  define  citizenship ;  neither  does  it  de 
clare  who  may  vote,  nor  who  may  hold  office,  except  in 
regard  to  a  few  of  the  highest  national  functionaries.  And 
tho  several  States,  as  far  as  I  know,  in  exercising  that 
power,  act  independently  and  without  any  controlling  au 
thority  over  them,  and  hence  it  follows  that  there  is  no 
limit  to  their  power  in  that  particular  but  their  own  pru 
dence  and  discretion ;  and  therefore  we  are  not  surprised 
to  find  that  these  faculties  of  voting  and  holding  office  are 
not  uniform  in  the  different  States,  but  are  made  to  depend 
upon  a  variety  of  facts,  purely  discretionary,  such  as  age, 
Hex,  race,  color,  property,  residence  in  a  particular  place, 
and  length  of  residence  there. 

On  this  point,  then,  I  conclude  that  no  person  in  the 
United  States  did  ever  exercise  the  right  of  suffrage  in 
virtue  of  the  naked,  unassisted  fact  of  citizenship.  In 
every  instance  Die  right  depends  upon  some  additional  fact 
and  cumulative  qualification,  which  may  as  perfectly  exist 
without  as  with  ritisenship. 

I  am  aware  that  some  of  our  most  learned  lawyers  and 
able  writers  have  allowed  themselves  to  speak  upon  this 
subject  iu  loose  and  indeterminate  language.  They  speak 
of  "  all  the  rights,  privileges,  and  immunities  guarantied  by 
the  Constitution  to  tho  citizen"  without  telling  us  what 
they  are.  They  speak  of  a  man's  citizenship  as  defective 
and  Imperfect,  because  he  is  supposed  not  to  have  "  all  the 
civil  rights,"  (all  the  jura  civitat's,  as  expressed  by  one  of 


my  predecessors,)  without  telling  what  particular  rights 
they  are  nor  what  relation  they  have,  if  any,  with  citizen 
ship.  Arid  they  suggest,  without  affirming,  that  there  may 
be  different  grades  of  citizenship  of  higher  and  lower  degree 
in  point  of  legal  virtue  and  efficacy;  one  grade  "in  tho 
sense  of  the  Constitution,"  and  another  inferior  grade  mad» 
by  a  State  and  not  recognized  by  the  Constitution. 

In  my  opinion  the  Constitution  uses  the  word  citizen  only 
to  express  the  political  quality  of  the  individual  in  his  re 
lations  to  the  nation ;  to  declare  that  he  is  a  member  of  the 
body  politic,  and  bound  to  it  by  the  reciprocal  obligation  of 
allegiance  on  the  one  side  and  protection  on  the  other. 
And  I  have  no  knowledge  of  any  other  kind  of  political 
citizenship,  higher  or  lower,  statal  or  national ;  or  of  any 
other  sense  in  which  tho  word  has  been  used  in  the  Consti 
tution,  or  can  be  used  properly  in  the  laws  of  the  United 
States.  The  phrase  "a  citizen  of  tho  United  States,"  with 
out  addition  or  qualification,  means  neither  more  nor  less 
than  a  member  of  the  nation.  And  all  such  are,  politically 
and  legally,  equal — the  child  in  the  cradle  and  its  father  in 
tho  Senate  are  equally  citizens  of  the  United  States.  And  it 
needs  no  argument  to  prove  that  every  citizen  of  a  State  is, 
necessarily,  a  citizen  of  the  United  States;  and  to  me  it  is 
equally  ciear  that  every  citizen  of  the  United  States  is  a 
citizen  of  the  particular  State  in  which  he  is  domiciled. 

Arid  as  to  voting  and  holding  office,  as  that  privilege  is 
not  essential  to  citizenship,  so  the  deprivation  of  it  by  law 
is  not  a  deprivation  of  citizenship.  No  more  so  in  the  case 
of  a  negro  than  in  case  of  a  white  woman  or  child. 

In  common  speech  the  word  citizen,  with  more  or  less  of 
truth  and  pertinency,  has  a  variety  of  meanings.  Some 
times  it  is  used  in  contrast  with  soldier;  sometimes  with 
farmer  or  c<wnlr>jman  ;  sometimes  with  alien  or  foreigner. 
Speaking  of  a  particular  man  we  ask,  is  he  a  citizen  or  a  sol 
dier?  meaning,  is  he  engaged  in  civil  or  military  pursuits? 
Is  he  a  citizen  or  a  countryman  ?  meaning,  does  he  live  in 
the  city  or  in  the  country  ?  Is  ho  a  citizen  or  an  alien  ? 
meaning,  i«  he  a  member  of  our  body-politic  or  of  some 
other  nation.  Tho  first  two  predicates  relate  only  to  the 
pursuits  and  to  the  place  of  abode  of  the  person.  The  last 
is  always  and  wholly  political,  and  concerns  only  the  polit 
ical  and  governmental  relations  of  the  individual.  And  it 
is  only  in  this  last  sense,  the  political,  that  the  word  is  ever 
used  in  the  Constitution  and  statutes  of  the  United  States. 

We  have  natural-barn  citizens,  (Constitution,  article  2, 
sec.  5,)  not  made  by  law  or  otherwise,  but  Jx»rn.  And  this 
class  is  1  he  large  majority;  in  fact,  the  mass  of  our  citizens; 
for  all  others  are  exceptions  specially  provided  for  by  law. 
As  they  became  citizens  in  the  natural  way,  by  lirth,  sa 
they  remain  citizens  during  their  natural  lives,  unless,  by 
their  own  voluntary  act,  they  expatriate  themselves  and 
become  citizens  or  subjects  of  another  nation.  For  we  h.-ve 
no  law  (as  the  French  have)  to  decitizenize  a  citizen,  who 
has  become  such  either  by  the  natural  process  of  birth,  or 
by  the  legal  process  of  adoption.  And  in  this  connection 
the  Constitution  says  not  one  word,  and  furnishes  not  one 
hint,  in  relation  to  the  color  or  to  the  ancestral  race  of  the 
"natural-born  citizen."  Whatever  may  have  been  said,  in 
the  opinion  of  judges  and  lawyers,  and  in  State  statutes, 
about  negroes,  mulattoes,  and  persons  of  color,  the  Consti 
tution  is  wholly  silent  upon  that  subject.  The  Constitution 
itself  does  not  make  the  citizens,  (it  is,  in  fact,  made  by 
them.)  It  only  intends  and  recognizes  such  of  them  as  are 
natural — home-born — and  provides  for  tho  naturalization  of 
such  of  them  as  were  alien— foreign-born— making  the 
latter,  as  far  as  nature  will  allow,  like  tho  former. 

And  I  am  not  aware  of  any  provision  in  our  laws  to  war 
rant  us  in  presuming  the  existence  in  this  country  of  a 
class  of  persons  intermediate  between  citizens  and  aliens. 
In  England  there  is  such  a  class,  clearly  defined  by  law, 
and  called  denizens.  "A  denizen  (says  Sir  William  Black- 
stone)  is  an  alien  born,  but  who  has  obtained,  ex  donation* 
regis,  letters  patent  to  make  him  an  English  subject;  a 
high  and  incommunicable  branch  of  the  royal  prerogative. 
A  denizen  is  in  a  kind  of  middle  state  between  an  alien  and 
a  natural-born  subject,  and  partakes  of  both  of  them."  (I 
Sharswood's  Bl.  Com.,  374.)  In  this  country  1  know  of  but 
one  legul  authority  tending  to  show  the  existence  of  such 
a  class  among  us.  One  of  my  learned  predecessors,  Mr. 
Legare,  (4  Opin.,  147,)  supposes  that  there  may  be  such  a 
class,  and  that  free  colored  persons  may  be  ranked  in  it. 
Yet,  in  that  same  opinion,  he  declares  that  a  "  free  man  of 
color,  a  native  of  this  country,  may  be  admitted  to  tho  priv 
ileges  of  a  pre-cmptioner  under  the  10th  section  of  the  act 
of  the  4th  September,  1S41."  And  that  act  declares  that  a 
pre-emptioner  must  be  either  a  citizen  of  the  United  States 
or  a  person  who  had  declared  his  intention  to  become  a  cit 
izen,  as  required  by  the  naturalization  laws.  Of  course,  the 
'•colored  man"  must  have  been  a  citizen  or  he  could  not 
have  entered  the  land  under  that  act  of  Congress.  If  not  a 
citizen  then,  by  virtue  of  his  native  birth,  ho  never  could 
become  one  by  force  of  law.  For  our  laws  extend  the  priv 
ileges  of  naturalization  to  such  persons  only  as  are  "aliens,. 
being  free  white  persons,"  and  he  was  neither ;  not  alien. 


380 


MISCELLANEOUS. 


because  natural-born  in  the  country,  and  not  a  free  white, 
person,  because,  though  free,  'confessedly  "u  man  of  color." 
It  occurs  to  me  that  the  discussion  of  this  great  subject 
of  national  citizenship  has  been  much  embarrassed  and  ol>- 
scured  by  the  fact  that  it  is  beset  with  artificial  difficulties, 
extrinsic  to  its  nature,  and  having  little  or  no  relation  to 
its  great  political  and  national  characteristics.  And  these 
•difficulties,  it  seems  to  me,  flow  mainly  from  two  sources: 
First,  the  existence  among  us  of  a  large  class  of  people 
whose  physical  qualities  visibly  distinguish  them  from  the 
mass  of  our  people,  and  mark  a  different  race,  and  who,  for 
tho  most  part,  are  held  in  bondage.  This  visible  difference 
and  servile  connection  present  difficulties  hard  to  be  con 
quered;  for  they  unavoidably  lead  to  a  more  complicated 


system  of  government,  both  legislative  and  administrative, 
than  would  bo  required  if  all  our  people  were  of  one  race, 
and  undistinguishable  by  outward  signs.  And  this,  with 


out  counting  the  effect  upon  the  opinions,  passions,  and 
prejudices  of  men.  Second,  the  common  habit  of  many  of 
our  best  and  most  learned  men  (the  wise  aptitude  of  which 
I  have  not  been  able  to  perceive)  of  testing  the  political 
status  and  governmental  relation  of  our  people  by  standards 
•drawn  from  the  laws  and  history  of  ancient  Greece  .and 
Rome,  without,  as  I  think,  taking  sufficient  account  of  the 
organic  differences  between  their  governments  and  ours. 

A  very  learned  writer  upon  the  Politics  of  Greece  (Hee- 
ren,  Bancroft's  translation,  p.  105)  informs  us  "that  the 
essential  character  of  the  new  political  form  assumed  by 
•Greece  consisted  in  the  circumstance  that  the  free  States 
which  were  formed  were  nothing  but  cities  with  their  dis 
tricts  ;  and  their  constitutions  were,  consequently,  only 
forms  of  city  governments.  This  point  of  view  (the  learned 
author  warns  us)  must  never  be  lostsight  of." 

And  the  wise  observation  of  the  author  applies  to  Italy  as 
•well  ;  for  the  earliest  free  cities  of  Italy  were  but  Grecian 
colonies,  which  (bringing  along  with  them  the  higher  civ 
ilization  of  their  parent  country,  and  its  better  notions  of 
civil  polity)  by  degrees  diffused  the  light  of  knowledge, 
and  consequently  the  love  of  liberty  among  the  then  bar 
'barous  people  of  the  Italian  peninsula.  The  Italians,  profit 
ing  by  the  good  example,  founded  ciiies  of  their  own  upon 
the  Grecian  models,  and  each  new  Italian  city  became  an 
independent  State.  How  long  this  condition  of  thing  con 
tinued  I  know  not;  but  it  continued  until  Home  outgrew 
all  the  neighboring  communities,  and  subdued  thomall  (the 
"Grecian  colonies  included)  under  its  power.  Still  the  city 
ruled,  and  iroin  time  to  time  granted  to  such  as  it  would  (and 
withheld  from  such  as  it  would)  tho  title  of  Roman,  and 
the  rights  rf  Roman  citizens. 

In  the  process  of  time,  when  the  dominant  power  of  Rome 
had  expanded  over  Greece  and  -western  Asia,  the  same  civil 
polity  was  still  continued.  As  it  had  been  in  Italy,  so  it 
was  in  Greece  and  Asia.  In  the  countries  and  kingdoms 
subdued  by  the  Roman  arms  and  transformed  intD  Roman 
provinces,  the  same  system  of  government  stiil  prevailed. 

Home,  by  her  pro-consuls  and  other  governors,  ruled  the 
conquered  nations  with  absolute  sway.  Arid  the  ruling 
power  at  Rome,  whether  republican  or  imperial,  granted, 
from  time  to  time,  to  communities  and  to  individuals  in 
the  conquered  east  ttie  title  of  /toman  and  the  rights  of  Ro 
man  citizens. 

A  striking  example  of  this  Roman  naturalization,  of  its 
controlling  authority  as  a  political  law,  and  of  its  benell 
cent  power  to  protect  a  persecuted  citizen,  may  be  found 
in  tho  case  of  St.  Paul,  as  it  is  graphically  reported  in  the 
Acts  of  the  Apostles.  Paul,  being  at  Jerusalem,  was  in 
.groat  peril  of  his  life  from  his  own  countrymen,  the  Jews, 
who  accused  him  of  crimes  against  their  own  law  and  faith, 
and  wcro  about  to  put  him  to  death  by  mob  violence,  when 
ho  was  rescued  by  the  commander  of  the  Roman  troops 
and  taken  into  a  fort  for  security.  He  first  explained,  both 
to  the  Roman  officer  and  to  his  own  countrymen,  who  were 
clamoring  against  him,  his  local  status  and  municipal  rela 
tions,  that  he  was  a  Jew  of  Tarsus,  a  natural-torn  citizen  of 
GO  mean  city,  and  U*at  he  had  been  brought  up  in  Jerusa 
lem  in  tho  strictest  manner  according  to  the  law  and  faith 
of  tho  fathers.  But  this  did  not  appease  tho  angry  crowd, 
who  wore  proceeding  with  great  violence  to  kill  him.  And 
then  "  tho  chief  captain  commanded  that  ho  be  brought 
into  the  castle,  and  bade  that  ho  should  be  examined  by 
tcourging,"  ^that  is,  tortured  to  enforce  confession.)  "  And 
as  they  bound  him  with  thongs,  Paul  said  unto  the  centu 
rion  that  stood  by,  Is  it  lawful  for  you  to  scourge  a  man 
that  is  a  Roman  and  uncondi'm.ned  ?  When  the  centurion 
beard  that  he  went  out  and  told  tho  chief  captain,  saying, 
Take  hoed  what  thou  docst,  for  this  man  is  a  Roman.  Then 
the  ehibf  captain  came  mid  said,  Tell  mo,  art  thou  a  Ro 
man?  He  said  yea,  and  the  chief  captain  said,  With  a 
great  sum  obtained  I  this  freedom.  And  Paul  said,  But  I 
was  free  born.  Then  straightway  they  departed  from  him 
which  should  have  examined  him.  And  the  chief  captain 
also  was  afraid,  alter  ho  knew  he  was  a  Roman,  and  be 
cause  ho  bad  bound  Jiim." 

Thus  Paul,  under  circumstances  of  great  danger  and  ob 


loquy,  asserted  his  immunity,  as  "  a  Roman  unconderanod," 
from  ignominious  constraint  and  cruel  punishment,  a  con 
straint  ana  punishment  against  which,  as  a  mere  provincial 
.-  n  hj(  i-t  of  Rome,  he  had  no  legal  p  olection.  And  thus  tue 
Roman  officers  instantly,  and  with  fear,  obeyed  the  law  of 
th'cir  country  and  res./ected  the  sacred  franchise  of  the 
Roman  citizen. 

Paul,  as  we  know  by  this  record,  was  a  natura!-boru 
citizen  of  Tarsus,  and  as  such,  no  doubt,  had  the  municipal 
freedom  of  that  city  ;  but  that  would  not  have  protected 
him  against  the  thongs  and  the  lash.  How  he  became  a 
Roman  we  learn  from  other  historical  sources.  Caesar 
granted  to  the  people  of  Tarsus  (for  some  good  service 
done,  probably  for  taking  his  sMo  in  tlie  war  which  resulted 
in  the  establishment  of  the  empire)  the  title  of  Roman,  and 
tho  freedom  of  Roman  citizens.  And,  considering  tlie  chro 
nology  of  events,  this  grant  must  have  boon  older  than 
Paul  ;  and  therefore  he  truly  s^icl  I  wax  free  born— a  free 
citizen  of  Rome,  and  as  such  exempt  by  law  from  degra 
ding  punishment. 

And  this  immunity  did  not  fill  the  measure  of  his  rights 
as  a  citizen.  As  a  Roman,  it  was  his  right  to  be  tried  by 
tho  supremo  authority,  at  the  capital  of  the  empire.  And 
when  he  claimed  that  right,  and  appealed  from  tho  jurisdic 
tion  of  the  provincial  governor  to  tho  Emperor  at  Rome, 
his  appeal  was  instantly  allowed,  and  he  was  remitted  to 
"  Caesar's  judgment." 

I  have  dwelt  the  longer  upon  this  case  of  Paul,  because  it 
is  a  leading  case  in  Roman  jurisprudence  in  the  matter  of 
the  "jus  Romanum."  And  in  so  far  as  there  is  any  analogy 
between  Roman  and  American  citizenship,  it  is  strictly  ap 
plicable  to  us.  Its  authenticity  is  unquestionable,  and  by 
its  lucid  statement  of  facts  in  minute  detail  leaves  no  room 
to  doubt  tho  legal  merits  of  the  case.  It  establishes  the 
great  protective  rights  of  the  citizen,  but,  like  our  own 
national  constitution,  it  is  silent  about  his  powers.  It  pro 
tected  Paul  against  oppression  and  outrage,  but  said  noth 
ing  about  his  right  of  suffrage  or  his  eligibility  to  office. 

As  far  as  I  know,  Mr.  Secretary,  you  and  I  have  no  better 
title  to  the  citizenship  which  we  enjoy  than  the  "accident 
of  birth" — the  fact  that  we  happened  to  bo  born  in  the 
United  States.  And  our  Constitution,  in  speaking  of  natu 
ral-born  citizens,  uses  no  affirmative  language  to  make  them 
such,  but  only  recognizes  and  reaffirms  the  universal  prin 
ciple,  common  to  all  nations,  and  as  old  as  political  society, 
that  the  people  born  in  a  country  do  constitute  the  nation, 
and,  as  individuals,  are  natural  members  of  the  body  pol 
itic. 

If  this  be  a  true  principle,  and  I  do  not  doubt  it.  it  fol 
lows  that  every  person  born  in  the  country  is,  at  the  mo 
ment  of  birth,  prim  a  facie  a  citizen;  and  he  who  would 
deny  it  must  take  upon  himself  the  burden  of  proving 
some  great  disfranchiscment  strong  enough  to  override  the 
"natural-bom"  right  as  recognized  by  the  Constitution  in 
terms  tho  most  simple  and  comprehensive,  and  without  any 
reference  to  race  or  color,  or  any  other  accidental  circum 
stance. 

That  nativity  furnishes  the  rule,  both  of  duty  and  of 
right  as  between  tho  individual  and  tho  government,  ia  a 
historical  and  political  truth  so  old  and  so  universally  ac 
cepted  that  it  is  needless  to  prove  it  by  authority.  Never 
theless,  for  the  satisfaction  of  those  who  may  have  doubts 
upon  the  subject,  I  note  a  few  books,  which,  I  think,  cannot 
fail  to  remove  all  such  doubts — Kent's  Com.,  vol.  2,  part  4, 
sec.  25 ;  Dl.  Com.,  book  1,  ch.  10,  p.  3C5;  7  Co.  Rep.,  Calvin's 
case ;  4  Term  Rep.,  p.  300,  Doe  TW.  Jones ;  3  Pot.  Rep.,  p.  246, 
Shanks  rs.  Dnpont;  and  see  a  very  learned  treatise,  at- 
tributod  to  Mr.  Dinney,  in  2  Am.  Law  Reporter,  193. 

In  every  civilized  country  the  individual  is  born  to  duties 
and  rights — tho  duty  of  allegiance  and  the  right  to  protec 
tion  ;  and  those  are  correlative  obligations,  the  one  the  price 
of  the  other,  and  they  constitute  the  all-sufficient  bond  of 
union  between  the  individual  and  big  country ;  and  tho  coun 
try  he  is  born  in  t.«,  prima  facie,  his  country.  In  most  coun 
tries  the  old  law  was  broadly  laid  down  that  this  natural  con 
nection  between  the  individual  and  his  native  country  was 
perpetual;  at  least,  that  the  tie  was  indissoluble  by  the  act 
of  the  subject  alone. — (See  HI.  Com.  supra;  3  Pet.  Rep. 
supra.} 

But  that  law  of  the  perpetuity  of  allegiance  is  now 
changed,  both  in  Europe  and  America.  In  some  countries 
by  silent  acquiescence,  in  ethers  by  affirmative  legislation. 
In  England,  while  assorting  the  perpetuity  of  natural  alle 
giance,  tho  King,  for  centuries  past,  has  exercised  tho  power 
to  grant  letters"  of  deni/ation  to  foreigners,  making  them 
English  subjects,  and  the  Parliament  has  exercised  at  pleas 
ure  the  power  of  naturalization. 

In  France  tho  whole  subject  is  regulated  by  written  law, 
which  plainly  declares  who  are  citizens  (citoyens  FrtrncaXt) 
and  who  are  only  the  Fre.nclt,(  Francois,}  moaning  the  whole 
body  of  tho  French  people.  (See  Les  CmJ-s  Francais,  litre 
premier.)  And  the  snme  law  distinctly  sots  forth  by  what 
moans  citizenship  and  tho  quality  <>f  French  may  bo  lost 
and  regained;  and  maintains  fully  the  right  of  expatriation 


MISCELLANEOUS. 


381 


In  the  subject,  and  the  power  of  naturalization  in  the  nation 
to  which  he  goes. 

In  the  United  States  it  is  too  late  now  to  deny  the  politi 
cal  rights  ami  obligations  conferred  and  imposed  by  nativity; 
for  o  ir  laws  do  not  pretend  to  create  or  enact  them,  but  do 
assu  ne  and  recognize  them  as  things  known  to  all  men, 
because  pre-existent  and  natural;  and  therefore  things  of 
•which  the  laws  must  take  cognizance.  Acting  out  this 
guiding  thought,  our  Constitution  does  no  more  than  grant 
to  Congress  (rather  than  to  any  other  department)  the 
power  ''to  establish  trttniformrult,  of  naturalization."  And 
our  laws  made  in  pursuance  thereof  iuduj  the  made,  citizen 
with  all  the  rights  and  obligatious  of  the  natural  citizen. 
And  so  strongly  was  Congress  impressed  with  the  great 
legal  fact  that  the  child  tnkes  its  political  status  in  the  na 
tion  where  it  is  born,  that  it  was  found  necessary  to  pass  a 
law  to  prevent  the  alienage  of  children  of  our  known  fel 
low-citizens  who  happen  to  bo  born  in  foreign  countries. 
The  act  of  February  10, 1852, 10  Statutes,  604.  provides  that 
*•  persons,"  (not  toliite  persons)  "  persons  heretofore  born,  or 
hereafter  to  be  born,  out  of  the  limits  and  jurisdiction  of  the 
United  States,  whose  fathers  were  or  shall  be,  at  the  time 
of  their  birth, citizens  of  the  United  States,  shall  be  deemed 
and  considered,  and  are  hereby  declared  to  be,  citizens  of 
the  United  Strifes:  Provided  Jtoivevcr,  That  the  rights  of 
citizenship  shall  not  descend  to  persons  whose  fathers 
never  resided  in  the  United  States. 

"S::c.  2.  Awl  b",  it  further  enacted,  That  any  woman  who 
might  lawfully  be  naturalized  under  the  existing  laws, 
married,  or  who  shall  be  married  to  a  citizen  of  the  United 
States,  shall  be  deemed  and  taken  to  be  a  citizen." 

But  for  that  act,  children  of  our  citizens  who  happen  to 
bo  born  at  London,  Paris,  or  Rome,  while  their  parents  are 
there  on  a  private  visit  of  pleasure  or  business,  might  be 
brought  to  the  native  home  of  their  parents,  only  to  find 
that  they  themselves  were  aliens  in  their  father's  country, 
incapable  of  inheriting  their  father's  land,  and  with  no 
right  to  demand  the  protection  of  their  father's  Govern 
ment. 

That  is  the  law  of  birth  at  the  common  law  of  England, 
clear  and  unqualified ;  and  now,  both  in  England  and 
America,  modified  only  by  statutes,  made  from  time  to  time, 
to  meet  emergencies  as  they  arise. 

I  have  said  that,  prima  facie,  every  person  in  this  coun 
try  is  born  a  citizen;  and  that  he  who  denies  it  in  individ 
ual  c:wes  assumes  the  burden  of  stating  tho  exception  to 
the  general  rule;,  and  proving  the  fact  which  works  the  dis- 
franchisement.  There  arc-but  a  few  exceptions  commonly 
made  and  urged  as  disqualifying  facts.  I  lay  no  stress  upon 
the  small  and  admitted  class  of  the  natural-born  composed 
of  the  children  of  foreign  ministers  and  the  like ;  and 

1.  Slavery,  and  whether  or  no  it  is  legally  possible  for  a 
slave  to  be  a  citizen.     On  that  point  I  make  no  question, 
because  it  is  not  within  tho  scope  of  your  inquiry,  and  does 
not  concern  the  person  to  whom  your  inquiry  relates. 

2.  Color. — It  is  strenuously  insisted  by  some  that  "  per 
sons  of  color,"  though  born  in  tho  country,  are  not  capable 
of  being  citizens  of  the  United  States.    As  far  as  the  Con 
stitution  is  concerned,  this  is  a  naked  assumption  ;  for  the 
Constitution  contains  not  one  word  upon  the  subject.     The 
exclusion,  if  it  exist,  must  then  rest  upon  some  fundamental 
fact  which,  in  tho  reason  and  nature  of  things,  is  so  incon- 
eistent  with  citizenship  that  tho  two  cannot  coexist  in  the 
same  person.      Is  mere  color  such  a  fact  ?      Let  those  who 
assert  it  prove  that  it  is  so.     It  has  never  been  so  under 
stood  nor  put  into  practice  in  tho  nation  from  which  we 
derive  our  language,  laws,  and  institutions,  and  our  very 
morals  and  modes  of  thought;  and,  as  far  as  I  know,  there 
is  not  a  single  nation  in  Christendom  which  does  not  regard 
ch.-  new-found  idea  with  incredulity,  if  not  disgust.     What 
can  there  be  in  the  mere  color  of  a  man  (wo  are  speaking 
now  not  of  rac;',  but  of  color  only)  to  disqualify  him  lor 
bearing  true  and  faithful  allegiance  to  his  native  country, 
and  lor  demanding  the  protection  of  that  country?     And 
these;  two,  allegiance  and  protection,  constitute  the  sum  of 
the  duties  and  rights  of  a  "  natural-born  citizen  of  the 
United  States." 

3.  Race — There  are  some  who,  abandoning  the  untenable 
objection  of  eo/or,  still  contend   that  no  person  descended 
from  negroes  of  the  African  face  can  bj  a  citizen  of  the 
Unite  I  States.   Here  the  object i  n  is  not  color  but  race  only. 
The  individual  objected  to  may  be  of  very  long  d  -scent  from 
AtVienn  negroes,  and  may  be  as  white  as  leprosy,  or  as  the 
intermixture  for  many  generations  with  tho  Caucasian  race 
can  m  die  him  ;  still,  if  he  can  be  traced  back  to  negroes  of 
the.  African  race,  he  cannot,  th.'.y  say.  be  a  citizen  of  tho 
Uniiod  States  !     And  why  not?     The  Constitution  certainly 
does  nor,  forbid  it,  but  is  silent  about  the  race  as  it  is  about 
color. 

Our  nationality  was  created  and  our  political  Government 
exists  by  written  law.  and  i  :asinuch  as  that  law  does  not 
exclude  (.HTs-ina  of  that  descent,  an  1  as  its  terms  are  mani 
festly  broad  enough  to  include  them,  it  follows  inevitably 
that  such  persons,  born  in  the  country,  must  be  citizens 


unless  the  fact  of  African  descent  b  •  so  incompatible  with 
the  fact  of  citizenship  that  the  two  cannot  exist  together. 
II  they  can  coexist,  in  nature  and  reason,  then  they  do  co 
exist  in  persons  of  the  indicated  class,  for  there  is  no  law  to 
the  contrary.  I  am  not  able  to  perceive  any  antagonism  , 
leg:il  or  natural,  between  the  two  facts. 

But  it  is  said  that  African  negroes  are  a  degraded  race,, 
and  that  all  who  are  tainted  with  tlr-t  degradation  are  for 
ever  disqualified  for  the  functions  of  citizenship.  I  can 
h;trdly  comprehend  the  thought  of  the  absolute  incompati 
bility  of  degradation  and  citizenship.  I  thought  that  they 
often  went  together.  Hut  if  it  be  I  rue  with  regard  to  races, 
it  seems  to  mo  more  cogontly  tr..o  wii.li  regard  to  indivi 
duals.  And  if  I  be  right  in  this,  there  are  many  sorrowful 
examples  in  the  legislation  and  practice  of  various  States  in 
tho  Union  to  show  how  low  the  citizen  may  b«  degraded  hy 
the  combined  wisdom  and  justice  of  his  fellow-citizens.  Ti> 
the  early  legislation  of  a  number  of  States  the  most  humil 
iating  punishments  were  denounced  against  persons  guilty 
of  certain  crimes  and  misdemeanors — the  lash,  th:;  pillory, 
the  cropping  of  the  ears,  and  ihe  branding  of  the  face  with 
an  indelible  mark  of  infamy.  And  yet  n  lower  depth  :  in 
several  of  the  States  the  common  punishment  of  the  crime 
of  vagrancy  was  sale  into  bondage  at  public  auction  I  •'  nd 
yet  I  have  not  read  that  such  unfortunates  thereby  fo-_'t 
their  natural-born  citizenship,  nor  th  it  their  descendants 
are  doomed  to  perpetual  exclusion  and  degradation. 

I  am  inclined  to  think  that  these  objections,  as  to  color 
and  ancestral  race,  arise  entirely  i'rom  a  wrong  conception 
of  the  nature  and  qualities  of  citizenship,  and  from  tho 
loose  and  unguarded  phraseology  too  often  vised  in  the  dis 
cussion  of  the  subject.  I  have  already  given,  at  some 
length,  my  own  views  of  the  word  and  the  thing — citizen 
ship.  And  now  I  will  add  only  a  few  observations  befon 
drawing  your  attention  to  certain  authorities  upon  the  sulh 
ject  mostly  relied  upon  by  those  who  support  the  objections. 

In  my  opinion  it  is  ;i  great  error,  and  the  fruitful  paren' 
of  errors,  to  suppose  that  citizens  belong  exclusively  to  re 
publican  forms  of  government.  English  subjects  are  at 
truly  citizens  as  we  are,  and  we  are  as  truly  subjects  as  thoj 
are.  Imperial  France  (following  imperial  Rome)  in  tin 
text  of  her  laws  calls  her  people  citizens. — (Lcs  Codes'  Fran 
cais,  book  1,  tit.  1,  ch  1,  and  notes.)  And  we  have  a  treaty 
with  the  present  Emperor  of  the  French,  stipulating  for  re 
ciprocal  rights  in  favor  of  tho  citizens  of  the  two  countries 
respectively.  (10  Stat,,  p.  990,  art.  7.) 

It  is  an  error  to  suppose  that  citizenship  is  ever  heredi 
tary.  It  never  ''passes  by  descent."  It  is  as  original  in 
the  child  as  it  was  in  the  parents.  It  is  always  either  born 
with  him  or  given  to  him  directly  by  law. 

In  discussing  this  subject  it  is  a  misleading  error  to  fail 
to  mark  the  natural  and  characteristic  distinction  between 
political  rights  and  political  powers.  Tho  former  belong  to 
all  citizens  alike,  and  cohere  in  the  very  name  and  nature 
of  citizenship.  The  latter  (participation  in  tho  powers  of 
government  by  voting  and  exercising  office)  does  not  belong 
to  all  citizens  alike,  nor  to  any  citizen,  merely  in  virtue  of 
citizenship.  His  power  always  depends  upon  extraneous 
facts  and  superadded  qualifications ;  which  facts  and  qual 
ifications  are  common  to  botli  citizens  and  aliens. 

In  referring  to  the  authorities  commonly  adduced  by 
those  who  deny  tho  citizenship  of  colored  people,  I  do  not 
pretend  to  cite  them  all,  but  a  few  only  of  such  as  I  believe 
to  be  most  usually  relied  upon.  And  I  will  not  trouble  you 
with  a  detailed  examination  of  the  reasoning  employed  in 
each  case,  for  I  have  already  stated  my  own  views  of  the 
principles  and  laws  involved  in  the  question;  and  where 
they  conflict  with  the  arguments  upon  which  the  contrary 
opinion  is  founded,  I  still  adhere  to  my  own. 

Tho  first  ol  those  authorities  o!'  winch  I  will  treat  is  the 
opinion  of  my  predecessor,  Mr.  Wirt,  upon  a  case  precisely 
liice  the  present,  except  that  in  that  caso  the  "free  person 
of  color"  was  a  Virginian,  and  the  objections  t  >  his  compe 
tency  were  founded  mainly,  if  not  entirely,  upon  Virginia 
law. — (See  ^Opinions  of  Attorneys  General,  vol.  1,  p.  500, 
date  November  7,  18:21.)  I  have  examined  this  opinion 
with  the  greater  care,  because  of  tho  writer's  reputation 
for  learning  and  his  known  and  varied  excellencies  as  a 
man. 

In  that  case  the  precise  question  was,  "whether  free 
persons  of  color  are,  in  Virginia,  citizens  of  the  United 
States,  within  tho  intent  and  meaning  of  the  acts  regulating 
foreign  and  coasting  trade,  so  as  to  bo  qualified  to  command 
vessels."  And  t'hus  Mr.  Wirt  was  in  a  manner  invited  to 
consider  the  question  rather  in  a  statal  than  a  national  point 
of  view  ;  and  hence  wo  ought  not  to  be  surprised  to  find 
the  whole;  argument  for  the  exclusion  based  upon  local  in 
stitutions  and  statal  laws. 

As  a  general  answer  to  all  such  arguments,  I  have  this  to 
say  :  Evorv  citizen  of  the  United  States  is  a  component 
member  of  the  nation,  with  rights  and  duties,  under  the 
Constitution  and  laws  of  the  United  rftat''-s,  which  cannot  be 
destroyed  or  abridged  by  tho  laws  of  any  particular  State. 
The  laws  of  the  State,  if  they  conflict  with  the  laws  of  the 


382 


MISCELLANEOUS. 


nation. are  of  no  force.  The  Constitution  is  plain  beyond 
cavil  upon  this  point.  Article  6:  "This  Constitution,  and 
t'le  laws  •  f  the  United  States  which  shall  be  made  in  pur 
suance  thereof,  and  all  treaties,  &c.,  shall  be  the  supreme 
law  of  the  land,  and  the  judges  in  every  State  shall  be  bound 
thereby,  anything  in  the  constitution  or  laws  oi  any  Mate  to 
the  contrary  notwithstanding."  And  from  this  I  assume 
that  every  person  who  is  a  citizen  of  the  United  States, 
Whether  by  birth  or  naturalization,  holds  his  great  franchise 
by  the  laws  of  the  United  States,  and  above  the  control  of 
any  particular  State.  Citizenship  of  the  United  States  is 
•an  integral  thing,  incapable  of  legal  existence  in  fractional 
[.arts  Whoever,  then,  has  that  franchise  is  a  whole  citi- 
z  'ii  and  a  citizen  of  the  whole  nation,  and  cannot  be  (as 
the  argument  of  my  learned  predecessor  seems  to  suppose) 
such  citizen  in  one  State  and  not  in  another. 

I  fully  concur  in  the  statement  that  "  the  description, 
citizen  of  the  United  States,nscd  in  the  Constitution,  has  the 
Mime  meaning  that  it  has  in  the  several  acts  of  Congress 
passed  under  the  authority  of  the  Constitution."  And  I 
freely  declare  my  inability  to  conceive  of  any  second  or 
subordinate  meaning  of  the  phrase  as  used  in  all  those  in 
struments.  It  means  in  them  all  the  simple  expression  of 
the  political  status  of  the  person  in  connection  with  the 
nation — that  he  is  a  member  of  the  body  politic.  And  that 
is  till  it  means,  for  it  does  not  specify  his  rights  and  duties 
as  a  citizen,  nor  in  any  way  refer  to  such  " rights,  privi 
leges,  and  immunities"  as  ho  may  happen  to  have,  by  State 
laws  or  otherwise,  over  and  beyond  what  legally  and  natu 
rally  belong  to  him  in  his  quality  of  citizen  of  the  United 
States.  State  laws  may  and  do,  nay  must,  vest  in  individ 
uals  great  privileges,  powers,  and  duties  which  do  not  be 
long  to  the  mass  of  their  fellow-citizens,  and  in  doing  so 
they  consult  discretion  and  convenience  only.  One  citizen, 
who  happens  to  be  a  judge,  may,  under  proper  circumstances, 
sentence  another  to  bo  hanged,  and  a  third,  who  happens  to 
be  a  governor,  may  grant  a  pardon  to  the  condemned  man, 
who,  nx  a  citizen,  is  the  undoubted  peer  of  both  the  judge 
and  the  governor. 

As  to  the  objection  (not  in  law,  but  sentiment  only)  that 
if  a  negro  can  be  a  citizen  of  the  United  States,  ho  might, 
possibly,  become  President,  the  legal  inference  is  true.  There 
would  be  sueh  a  legal  possibility.  But  those  who  make  that 
objection  are  not  arguing  upon  the  Constitution  as  it  is,  but 
upon  what,  in  their  own  minds  and  feelings,  they  think  it 
ought  to  be.  Moreover,  they  seem  to  forget  that  all  limit 
ations  upon  eligibility  to  office  are  less  restrictions  upon  the 
rights  of  aspirants  than  upon  the  powers  of  electors.  Even 
the  legislature  of  the  State,  however  unanimous,  have  no 
power  to  send  to  the  Senate  of  the  United  States  theft  wisest 
and  best  man  unless  he  be  thirty  years  old.  And  all  the 
people  of  the  nation,  speaking  with  one  united  voice,  cannot, 
constitutionally,  make  any  man  President  who  happens  to 
be  under  thirty-five.  This  is,  obviously,  a  restriction  upon 
the  appointing  power — that  is,  in  our  popular  government, 
A  restriction  upon  the  people  themselves.  As  individuals, 
wo  may  like  it  or  dislike  it,  and  flatter  ourselves  into  the 
belief  that  we.  could  make  a  wiser  and  better  frame  of  gov- 
"rnment  than  our  fathers  made.  Still  it  is  our  Constitution, 
binding  upon  us  and  upon  every  citizen  from  the  moment 
jf  birth  or  naturalization. 

The  Constitution,  I  suppose,  says  what  it  means,  and  does 
not  mean  what  it  does  not  say.  It  says  nothing  about "  the 
high  characteristic  privileges  of  a  citizen  of  the  State"  (of 
Virginia  or  any  other.)  I  do  not  know  what  they  were,  but 
certainly  in  Virginia,  for  the  first  half  of  the  existence  of 
the  commonwealth,  the  right  of  suffrage  was  not  one  of 
them.  For  (hiring  that  period  no  man  ever  voted  there  be- 
Cftuw  ho  was  a  free  white  adult  male  citizen.  He  voted  on 
liis  freehold,  in  hind  ;  and  no  candidate,  in  soliciting  his  elec 
tion,  appealed  to  the  people  or  the  citizens,  but  to  the/ree- 
holdfrx  only,  for  they  alone  could  vote. 

I  shall  not  trouble  you  with  any  argument  touching  the 
list  of  disabilities  declared  by  the  laws  of  Virginia  against 
free  negroes  undmulattoes.aa  stated  in  the  opinion,  because 
they  are  such  only  as  the  Legislature,  if  so  minded,  might 
Imv.?  denounced  as  well  against  a  portion  of  its  own  "ae- 
knowlcdged  citizens,  whoso  weakness  might  necessitate  sub 
mission. 

It  is  said  in  the  opinion  that  "the  allegiance  which  the 
free  man  of  color  owes  to  the  State  of  Virginia  is  no  evi 
dence  of  citizenship,  for  he  owes  it  not  in  consequence  of  an 
oath  of  allegiance."  This  proposition  surpri-es  me;  per 
haps  I  do  not  understand  it.  I  did 
oath 


of  color  in  Virginia  are  not  citizens  of  the  United  States, 
within  the  intent  and  moaning  of  the  acts  regulating  for 
eign  and  coasting  trade,  so  as  to  be  qualified  to  command 
" 


urprises  me;   per 
ily  believe  that  the 

f  allegiance  was  not  the  cause  but  the  sequence  of 
citizenship,  given  only  us  a  solemn  guarantee  for  the  per 
formance  of  duties  already  incurred.  But  if  it  be  true  that 
the  o-ith  of  allegiance  must  either  create  or  precede  citizen 
ship,  then  it  follows,  of  necessity,  that  there  can  be  no  nat- 
wral-bnrn  n'tin-n.  as  the  Constitution  affirms,  because  the 
child  must  needs  bo  born  before  it  can  take  the  oath. 

The  opinion,  supported  by  the  arguments  upon  which  I 
have  commented,  is  in  these  words: 
"  Upon  the  whole,  I  am  of  tho  opinion  that  free  persons 


vessels. 

As  an  authority  this  opinion  is  rebutted  by  the  opinion  of 
Attorney  General  Legare,  above  cited.—  (4  Op.  A  G  147 
date  March  15,  1843.)  Under  an  act  of  Congress  which 
limited  the  pre-emption  of  public  land  to  citizens  of  the 
I'uited  States  and  aliens  who  had  declared  intention  to  be 
come  citizens,  according  to  the  naturalization  laws,  Mr  Li- 
gare  was  of  opinion  that  a  free  colored  man  was  competent 
to  pre-empt  the  land. 

In  that  same  opinion  Mr.  Legar6  makes  a  just  distinction 
between  political  and  civil  rights,  which,  I  believe,  is  com 
mon  to  most  nations.  The  French  code  expresses  it  very 
plainly,  thus  :  "L'exercice  des  droits  civils  est  ind  pendant 
de  la  qualite  de  citoyen,  laquello  ne  s'aequiert  et  ne  ee  con 
serve  que  conformeinent  a  la  loi  constituiionclle." 

The  next  authority  I  shall  consider  is  a  decision  of  the 
Department  of  State  made  in  Mr.  Marcy's  time,  November 
4,  1856,  and  evidenced  by  a  letter  of  that  date  from  Mr. 
Thomas,  Assistant  Secretary,  to  Mr.  Rice,  of  New  York.* 
That  decision  is  entitled  to  great  consideration,  because 
upon  such  political  questions  the  Secretary  of  State  is  of 
high  authority.  The  case  was  an  application  for  passports 
to  travel  in  foreign  parts,  in  favor  of  certain  free  blacks  of 
pome  of  the  northern  States,  and  the  time  was  a  few  months 
after  the  passage  of  the  act  of  August  IS,  1  85fi,  (the  first  act 
directing  the  issuing  of  passports  to  individuals  and  re 
st  licting  the  issue  to  citizens  of  the  United  States,  though 
the  practice  is  much  older.) 

The  letter,  after  stating  the  case,  declares  emphatically 
that  '•  if  this  be  so  (t.  e.,  if  they  be  negroes)  there  can  be  no 
doubt  that  they  are  not  citizens  of  the  United  States."  If 
this  stood  alone  there  could  be  no  doubt  of  the  opinion  of 
the  department  at  that  time.  But  it  does  not  stand  alone. 
The  letter,  after  citing  several  authorities,  ami  among  them 
one  from  Tennessee,  to  which  I  will  have  occasion  to  refer 
by  name,  concludes  with  this  qualifying  paragraph,  which 
leaves  some  doubt  as  to  what  was  the  real  practical  opinion 
of  Mr.  Secretary  Marcy  at  that  time.  The  letter,  assuming 
that  a  passport  is  a  certificate  of  citizenship,  proceeds  to 
say: 

"  Such  being  the  construction  of  the  Constitution  in  re 
gard  to  free  persons  of  color,  it  is  conceived  that  they  can 
not  be  regarded,  when  beyond  the  jurisdiction  of  this  gov 
ernment,  as  entitled  to  the  full  nylitt  of  citizens,  bin  the 
Secretary  directs  me  to  say  that  though  the  department 
could  not  certify  that  such  persons  are  citizens  of  the  Uni 
ted  States,  yet,  if  satisfied  of  the  truth  of  the  facts,  it  would 

*  This  is  the  letter  alluded  to  : 

DEPARTMENT  OF  STATE, 
WASHINGTON,  Norrmbrr  4,  1856. 

SIR:  Your  letters  of  the  29th  ultimo  and  3d  instant,  re 
questing  passports  for  eleven  colored  persons,  have  been  re 
ceived,  and  lam  directed  by  the  Secretary  to  inform  you 
that  the  papers  transmitted  by  you  do  not  wan  ant  the  de 
partment  in  complying  with  your  request.  The  question 
whether  free  negroes  are  citizens  is  not  now  presented  for 
the  first  time,  but  has  repeatedly  arisen  in  the  administra 
tion  of  both  the  national  and  State  governments.  In  1821 
a  controversy  arose  as  to  whether  free  persons  of  color  were 


citizens  of  the  United  States,  within  tb 
of  the  cicts  of  Congress  regulating  foreig 


ent  and  meaning 
nd  coasting  trade, 


so  as  to  be  qualified  to  command  vessels. and  Wirt,  Attorney 
General,  decided  that  they  were  not,  and  ho  moreover  held 
that  the  words  ''citizens  of  the  United  States"  were  used  in 
the  acts  of  Congress  in  the  same  sense  as  in  the  Constitu 
tion.  This  view  is  also  fully  sustained  in  a  recent  opinion 
of  the  present  Attorney  General 

The  judicial  decisions  of  the  country  are  to  the  same 
effect.  ' 

In  Kent's  Commentaries,  volume  2,  page  277,  it  is  stated 
that  in  1>  33,  Chief  Justice  Daggett  of  Connecticut,  held  that 
free  blacks  are  not  "citizens,"  within  the  meaning  of  the 
term,  a.s  used  in  the  Constitution  of  the  United  States:  and 
the  Supreme  Court  of  Tennessee,  in  the  case  of  the  State 
against  Clairbone,  held  the  same  doctrine. 

Such  being  the  construction  of  the  Constitution  in  regard 
to  free  persons  of  color,  it  is  conceived  that  they  cannot  be 
regarded,  when  beyond  the  jurisdiction  of  this  Government, 
as  entitled  to  the  full  rights  of  citizens;  but  the  Secretary 
directs  mo  to  say  that,  though  the  department  could  not 
certify  that  such  persons  are  citizens  of  the  United  States. 
yet,  if  satisfied  of  the  truth  of  the  facts,  it  would  give  a 
certificate  that  they  were  born  in  the  United  States,  are 
free,  and  that  the  Government  thereof  would  regard  it  to  be 
its  duty  to  protect  them  if  wronged  by  a  foreign  govern 
ment  while  within  its  jurisdiction  for  a  legal  and  proper 
purpose. 

I  am,  sir,  respectfully,  your  obedient  servant, 

J.  A.  THOMAS,  Assistant  &  cretary. 
II.  H.  RICE,  Esq.,  New  York  City. 


MISCELLANEOUS. 


3S3 


give  a  certificate  that  they  were  born  in  the  United  Mates, 
are  fre»>.  and  that  the  gnvemment  thereof  wntid  regard  it  to 
be  its  duty  to  protect  them,  if  wronged  by  a  foreign  govern 
ment,  while  within  its  jurisdiction  for  a  legal  and  proper 
purpose." 

It  seems  to  me  that  the  certificate  proposed  to  be  given 
•would  be,  in  substance  and  fact,  a  good  passport,  for  the 
act  of  Congress  prescribes  no  form  for  the  passport,  and  re 
quires  no  particular  fact  to  appear  upon  its  face.  And  I 
confidently  believe  that  there  is  not  a  government  in  Europe 
which,  in  view  of  our  laws  of  citizenship,  would  question 
the  validity  of  a  passport  which  declares  upon  its  faco  that 
the  bearer  is  a  free  natvral-boiii  inhabitant  of  the  United 
States. 

I  turn  now  to  the  consideration  of  the  Tennessee  case, 
referred  to  and  relied  rpon  in  the  letter  from  the  State  De 
partment—the  State  of  Tennessee  7-s.  Ambrose,  (1  Meigs'  11., 
331.)  adjudged  in  18G8.  Ambrose,  being  a  free  negro  emanci 
pated  in  Kentucky,  moved  to  and  settled  in  Tennessee.  He 
was  indicted  for  that  crime  against  the  Tennessee  statute.', 
made  to  prevent  the  ingress  of  that  sort  of  people.  He 
demurred  to  the  indictment  upon  the  ground  that  he  was  a 
citizen  of  Kentucky,  and  as  such  had  a  right  under  the  Con 
stitution  of  the  United  States  (art.  4,  sec.  2,)  to  go  to  and 
abide  in  Tennessee  in  spite  of  the  State  statute.  The  court 
in  which  the  indictment  was  found  sustained  the  demurrer. 
The  public  prosecutor  took  the  case  up  to  the  supreme 
court,  where  the  judgment  below  was  reversed,  and  it  was 
held  by  the  court  that  Ambrose,  under  the  circumstances, 
could  not  be  a  citizen  of  Kentucky,  and  therefore  could  not 
claim  the  protection  of  the  national  constitution  as  against 
the  Tennessee  statute. 

I  must  trouble  you  with  a  few  remarks  upon  certain  pas 
sages  in  the  opinion  of  the  court,  which  constitute  the 
foundation  of  the  judgment,  and  without  which  the  judg 
ment  itself,  having  no  legal  basis  to  rest  upon,  ought  not  to 
have  an}'  authority  as  a  precedent. 

The  court,  after  stating  the  case  and  citing  from  the  Con 
stitution,  (art.  4,  sec.  2.)  "the  citizens  o/'each  State  shall  be 
entitled  to  all  the  privileges  and  immunities  of  citizens  in 
the  several  States,"  proceeds:  "the  citizens  here  spoken  of 
{says  the  supreme  court  of  Tennessee)  are  those  who  are 
entitled  to  '  «ll  the  privileges  and  immunities  of  citizens.' 
But  free  negroes,  by  whatever  appellation  we  call  them, 
•were  never  in  any  of  the  Slates  entitled  to  all  the  privileges 
and  immunities  of  citizens,  and  consequently  were  not  in 
tended  to  be  included  when  this  word  was  used  in  the  Con 
stitution. 

"In  this  country,"  (continues  the  court,)  "under  the  free 
government  created  by  the  Constitution,  whoso  language 
we  are  expounding,  the  humblest  white  citizen  isentitled  to 
all  'the  privileges  and  immunities'  which  the  most  exalted 
one  enjoys.  Hence,  in  speakingof  the  rights  which  acitizcn 
of  one  State  shall  enjoy  in  every  other  State,  as  applicable 
to  white  men,  it  is  very  properly  said  that  he  should  be  en 
titled  to  all  the  privileges  and  immunities  of  citizens  in  each 
other  State.  The  meaning  of  the  language  is  that  no  privi 
lege  enjoyed  by,  or  immunity  allowed  to,  the  most  favored 
•class  of  citizens  in  said  State  shall  be  withheld  from  a  citi 
zen  of  any  other  State.  How  can  it  be  said  that  he  enjoys 
all  the  privileges,  when  he  is  scarcely  allowed  a  single  right 
in  common  with  the  mass  of  the  citizens  of  the  State? 

"It  cannot  be;  and  therefore  either  the  free  negro  is  not 
A  citizen,  in  the  sense  of  the  Constitution,  or.  if  a  citizen,  lit 
is  entitled  t<>  'all  the  privileges  and  immunities'  of  the  mosc 
favort'd  class  of  citizens.  Lmt  this  latter  consequence  will 
be  contended  by  no  one.  It  must  then  follow  that  they  are 
Tiot  citizens." 

These  are  the  foundations  of  the  judgment  in  the  case  of 
Ambrose,  and  not  only  in  that  but  in  almost  every  similar 
~ase  which  I  have  had  occasion  to  examine.  A  good  deal 
of  what  I  have  already  said  is  strictly  applicable  here,  and 
in  trying  to  show  the  fallacy  of  the  reasoning  of  the  court 
in  Tennessee,  I  must  take  the  risk  of  some  needless  repetition. 

The  leading  thought,  that  indeed  which  seems  to  have 
compelled  the  judgment  against  Ambrose,  is,  in  my  opinion, 
<t  naked  assumption,  not  supported  by  any  word  of  written 
law,  nor  maintainable  by  logical  argument.  It  is  assumed 
that  a  person  to  be  a  citizen  at  all  must  have  all  the  rights, 
pi ivi leges,  and  immunities  which  the  favored  one  enjoys; 
all  ot  the  THoxtfaroi-ed  i-lass  of  citizens.  Now,  if  there  be 
grades  and  classes  of  citizens,  (which  I  am  not  exactly  wil 
ling  to  admit,)  it  would  seem  that  there  must  be  something 
to  distinguish  the  grades;  some  difference  in  the  rights, 
privileges,  and  immunities  of  the  different  classes.  And  yet 
the  court,  while  asserting  the  existence  of  different  classes 
of  citizens,  asserts  also  their  equality,  by  declaring  that 
"  the  humblest  white  citi/en  is  entitled  to  all  the  '  privileges 
and  immunities'  which  the  most  ej-alted  one  enjoys."  Then 
what  marks  the  difference  of  classes?  By  what  line  can  we 
separate  humility  from  exaltation,  as  applied  to  a  citizen? 

In  fact,  it  seems  to  me  that  the  difficulties  which  sur 
round  the  subject  are  artificial,  created  by  the  habitual 
confounding  of  things  different  in  their  nature  and  origin, 


and  by  the  persistent  abuse  of  larguage.  No  distinction, 
is  drawn  between  the  rights  and  duties  as  a  member  «f 
society,  without  regard  to  his  citizenship.  The  first  are 
political  merely— the  last  civil  and  social  only.  And  the 
words  rig/its,  privileges,  immunities  are  abusively  used,  as 
if  they  were  synonymous.  Tho  word  rights  is  generic, 
common,  embracing  whatever  may  be  lawfully  claimed. 
Privil-ges  are  special  rights  belonging  to  the  individual 
or  class,  and  not  to  the  mass.  Immunities  are  rights  of  ex 
emption  only — freedom  from  what  otherwise  would  be  a 
duty,  obligation,  or  burden.  For  instance,  the  constitution 
of  Tennessee  (art.  4,  sec.  1)  declares  that  "all  free  men  of 
color  shall  be  exempt  from  military  duty,  in  time  of  peace, 
and  also  from  paving  a  free  poll-tax."  This  is  immunity. 

But  whether  there  be  or  be  not  grades  and  classes  of 
citizens,  higher  or  lower,  more  or  less  favored,  is  wholly 
immaterial  to  this  question.  For  the  Constitution  speaks 
of  citizens  only,  without  any  reference  to  their  rank,  grade, 
or  class,  or  to  the  number  or  magnitude  of  their  right?, 
privileges,  and  immunities — citizens  simply,  without  an  ad 
jective  to  qualify,  enlarge,  or  diminish  their  rights  and 
capacities.  Therefore,  if  there  be  grades  and  classes  ot 
citizens,  still  the  lowest  individual  of  the  lowest  possible 
class  is  a  citizen,  and  as  such  fills  the  requirement  of  the 
Constitution. 

If  we  must  have  grades  and  classes  of  citizens,  higher 
and  lower,  more  and  less  favored,  it  seems  to  me  im 
possible  to  sustain  the  proposition  of  the  court  that  the 
humblest  and  most  exalted  are  entitled  to  equal  privileges 
and  immunities  A  free,  white,  natural-born  female  infant 
is  certainly  a  citizen,  and  I  suppose  it  would  be  but  reason 
able  to  place  her  in  the  lowest  class.  And  I  assume  that 
it  would  not  be  deemed  unreasonable  to  call  that  class  the 
highest,  out  of  which  the  President  must,  be  chosen.  If 
eligibility  to  the  presidency  be  a  privilege  in  the  lawful 
candidate — a  peculiar  right  belonging  to  him,  and  not  to 
the  mass  of  citizens,  then  there  is  some  difference;  she  is 
not  entitled  to  all  his  privileges. 

Those  who  most  indulge  in  the  assumption  that  to  con 
stitute  a  citizen  at  all  the  person  must  have  all  the  privi 
leges  and  immunities  which  any  citizen  can  enjoy,  rarely 
venture  to  specify  precisely  what  they  mean.  Generally,  I 
think,  the  inference  is  plain  that  they  mean  suffrage 
and  eligibility;  and,  in  that  connection,  I  think  I  have  al 
ready  shown  that  suffrage  and  eligibility  have  no  necessary 
connection  with  citizenship,  and  that  the  one  may,  and 
often  does,  exist  without  the  other. 

Again,  '•  immunities  "  are  enjoyed  to  a  very  largo  extent 
by  free  negroes  in  all  the  slaveholding  States.  They  are 
generally  exempted  by  law  from  the  onerous  duties  of  ju 
rors  in  the  courts,  and  militia  men  in  the  field;  and  these 
are  immunities  eagerly  desired  by  many  white  men  in  all 
the  States. 

In  another  part  of  that  opinion,  the  court  declares  thai 
the  word  "  freemen,''  as  used  in  the  constitution  of  Tennes 
see,  is  equivalent  to  citizen  ;  and  yet  the  court  denies  that 
the  phrase  "  freemen  of  color,"  used  in  the  same  constitu 
tion,  is  a  proper  designation  of  citizens!  I  close  my  re 
marks  upon  that  case  with  an  extract  from  the  constitution 
of  Tennessee,  (which  was  originally  made  in  1795.  and 
amended  in  183,">,)  reminding  you  only  that,  until  1700, 
Tennessee  was  a  part  of  North  Carolina,  and  subject  to  its 
constitution  and  laws,  and  hence  the  peculiar  phraseology 
of  the  extract: 

"  Article  4,  section  1.  Every  free  white  man,  of  the  age 
of  twenty-one  years,  being  a  citizen  of  the  United  States  and 
a  citizen  of  the  county  wherein  he  may  offer  his  vote  six 
months  next  preceding  the  day  of  election,  shall  be  enti 
tled  to  vote  for  members  of  the  general  assembly  and  other 
civil  officers  for  the  county  or  district  in  which  he  resides  • 
Prmnded,  That  no  person  shall  be  disqualified  for  voting,  h. 
any  election,  on  account  of  color,  who  is  now,  by  the  laws 
of  this  State,  a  competent  witness  in  a  court  of  justice 
against  a  white  man.  All  freemen  of  color  shall  be  exempt 
from  military  duty  in  time  of  peace,  and  also  from  paying 
a  free  poll-tax." 

Finally,  the  celebrated  case  of  Scott  vs.  Sandford,  10  How 
ard's  Reports,  303,  is  sometimes  cited  as  a  direct  authority 
against  the  capacity  of  free  persons  of  color  to  be  citizens 
of  the  United  States.  That  is  an  entire  mistake.  The  case, 
as  it  stands  of  record,  does  not  determine,  nor  purport  to 
determine,  that  question.  It  was  an  ordinary  suit  for  free 
dom,  very  common  in  our  jurisprudence,  and  especially 
provided  for  in  the  legislation  of  most  of  the  slavelioliling 
States,  as  it  is  in  Missouri,  For  convenience  the  form  of 
the  action  usually  is  (and  is  in  this  case)  trespass,  alleging 
an  assault  and  battery  and  false  imprisonment,  so  as  to  en 
able  the  defendant,  (the  master.)  if  he  choose,  to  make  it 
direct  issue  upon  the  freedom  or  slavery  of  the  plaintiff, 
which  is  the  real  point  and  object  of  the  action,  by  plead 
ing,  in  justification  of  the  alleged  trespass,  that  tlie  pla  n- 
tiff  is  a  slave — his  own  or  another  man's. 

Such  an  action  Dred  Scott,  if  entitled  to  freedom,  might 
have  brought  in  the  State  court,  without  any  allegation  of 


384 


MISCELLANEOUS. 


citizenship,  and  without  being,  in  fact,  a  citizen.    But  it  j  titled  to  all  the  respect  which  is  due  to  the  learned  and  up- 
»!'ems  lie  desired  to  bring  his  action  in  tho  circuit  court  of  j  ricrht  sources  from  which  the  opinions  come,  was  "  dehors 


The  United  States  in  Missouri;  and,  to  enable  him  to  do 


the.  record,"  and  of  no  authority  as  a  judicial  division. 


that,  he  had  to  allege  citizenship, because  Mr.  Sandford,  the        To  show  that,    notwithstanding  all   tha*   was  said  upon 
defendant,  waa  a  citizen  of  New  York, and  unless  the  plain-    other  subjects,  the  action  '»f  the  court  was  strictly  confined 
tiff  were  a  citizen  of  Missouri  (or  some  other  State;  the  na-    to  tir;  ]»l.\i  in  abatement.  I  copy  ih  •  judgment  : 
tionrJ  court  hud  no  jurisdiction  of  the  case.  "Upon  the  whole,  therefore,  it  is  the  judgment  of  thia 

The  plaintiff  having  made  his  election  to  sue  in  the  Urii-  j  court  that  it  appears  by  the  record  before  us  that  the  plain- 
ted  States  court,  the  defendant  might,  if  he  would,  have  i  tiffin  error  is  not  a  citizen  of  Missouri,  in  Me  xen.-ein  which 
pleaded  in  bar  to  tho  merits  of  the  action,  but  he  exercised  |  that  word  ix  used  in  the  f'migfiti'tion,  and  that  the  circuit 
his  flection  to  plead  in  abatement  to  the  jurisdiction  of  the  j  court  of  the  United  States,  for  that  reason,  had  no  juri^dic- 
court;  thus,  that  the  action,  if  any,  "  accrued  to  the  said  I  Him  in  the  c>t*e,  and  could  give  no  judgment  in  it.  Its  judg- 
Dred  Pcott  out  of  the  jurisdiction  of  this  court,  anil  exclu-  !  ment  for  the  defendant  must,  consequently,  be  reversed, and 
sively  within  the  jurisdiction  of  the  courts  of  tho  State  of  j  H  mandate  issued,  directing  the  suit  to  \><-  dismitted  for  want 
Missouri,  for  that,  to  wit,  the  said  plaintiff,  Dred  Scott,  is  \  of  jttrimt,'r/f:,i  " 


riot  a  citizen  of  the  8t:ite  of  Missouri,  as  alleged  in  his  dec 
laration,  [not  because  hewaa  not  born  there,  and  born  free, 
but]  because  he  is  a  wgro  of  African  descent;  his  ancestors 
were  of  pure  African  blood,  and  were  brought  into  this 
country  and  sold  an  negro  slaves,  and  this  tho  said  Sandford 


is  ready  to  verify.     Wherefore  he  prays  judgment  whether  j  trade. 


And  now.  upon  the  whole  matter,  I  give  it  as  my  opinion 
that  the./ra?  man  of  color,  mentioned  in  your  letter,  ii'born 
in  tho  United  States,  is  a  citizen  of  the  United  States,  and, 
if  otherwise  qualified,  is  competent,  according  to  the  acts 
of  Congress,  to  be  master  of  a  vessel  engaged  in  the  coasting 


this  court  can  or  will  take  further  cognizance  of  the  action 
aforesaid."  To  this  plea  tho  plafntiff  demurred,  and  the  servant, 
circuit  court  sustained  the  demurrer,  thereby  declaring 
that  the  facts  stated  in  the  plea,  and  confessed  by  the  de 
murrer,  did  not  disqualify  Scott  for  being  a  citizen  of  Mis- 
Bouri,  and  so  that  the  Unite-1  ',' >:tes  circuit  court  had  juris 
diction  of  the  cause. 

Tho  circuit  court  having  taken  jurisdiction,  the  defendant 
had,  of  course,  to  plead  over  to  the  merits  of  the  action.  He 
did  KV.  and  issues  were  joined,  and  there  was  an  elaborate 
trial  of  the  facts,  which  resulted  in  a  verdict  and  judgment 


All  of  which  is  respectfully  submitted  by  your  obedient 

EDWARD  BATES, 
Attorney  General. 

Pay  of  Colored  Soldiers. 

Attorney  General  Bates  has  decided  that  per 
sons   of  color    who   were  free  on   the   19th  of 


in  favor  of  the  defendant.  And  thereupon  the  plaintiff]  April,  1861,  and  who  were  enlisted  and  mus 
tered  into  the  military  service  of  the  United 
States  between  December,  1862,  and  16th  of 
June.  1864,  are  entitled  by  law  to  rer-eive  the 


bronght  the  case  up  to  the  Supreme  Court  by  writ  of  error*. 

The  power  of  the  Supreme  Court  over  the  proceedings 
and  judgments  of  the  circuit  court  is  appellate  only,  and 
this  lor  the  sole  purpose  of  enabling  the  court  abovj  to 
afiirm  what  has  been  rightly  done,  and  reverse  what  has 
been  wrongly  done  in  thecourt  below.  If  the  error  of  the  court 
below  consist  in  the  illegal  assumption  of  power  to  hear 
and  determine  the  merits  (  f  a  case  not  within  its  jurisdic 
tion,  of  course  the  court  above  will  correct  that  error,  by 
setting  aside  whatever  may  have  been  done  by  that  usurped 
authority.  And  in  doing  this  tho  court  above  has  no  more 
power  than  the  court  below  had  to  hear  and  determine  the 
merits  of  the  case.  And  to  assume  the  power  to  determine 
a  case  not  within  the  jurisdiction  is  as  great  an  e  ror  in  the 
court  above  as  in  the  court  below ;  for  it  is  equally  true,  in 
all  courts,  that  the  jurisdiction  must  first  be  ascertained 
before  proceeding  to  judgment. 

In  this  particular  case  tho  Supreme  Court  did  first  exam 
ine  and  consider  the  plea  in  abatement,  and  did  adjudge 
that  it  was  a  good  plea,  sufficient  to  oust  the  jurisdiction  of 
tho  circuit  court.  And  henceit  follows, as  a  necessary  legal 
consequence,  that  whatever  was  done  in  the  circuit  court 
after  the  plea  in  abatement,  and  touching  the  meiitsof  the 
case,  was  simply  void,  because  done  coram  nonjudice 

Pleas  in  abatement  were  never  favorites  with  the  courts 
in  England  or  America.  Lord  Coke  tel:s  us  that  they  must 
be  "  certain  to  a  certain  intent,  i;i  every  particular,"  and  in 
practice  they  are  always  dealt  with  very  strictly.  When, 
therefore,  the  Supreme  Court  affirmed  the  plea  in  abate 
ment,  in  this  case,  I  assume  that  it  is  affirmed,  in  manner 
a  td  form,  as  written,  and  not  otherwise.  And  thia  not 
merely  because  pleas  in  abatement  are  always  considered 
stricti  legis,  but  also,  and  chiefly,  because  the  decision  tends 
to  abridge  the  valuable  rights  of  persons  natural-born  in 
tho  country,  which  rights  ought  not  to  bo  impaired,  except 
upon  the  clearest  evidence  of  fact  and  law. 

Taking  the  pica, then,  strictly  as  it  is  written,  the  persons 
who  are  excluded  by  tins  judgment  from  being  citizens  of 
Missouri  must  be  negroes,  not  mulatoes,  nor  mestizos,  nor 
quadroons.  They  must  bo  of  African  descent,  not  Asiatic, 
even  though  they  come  of  the  blackest  Malays  in  south 
eastern  Asia.  They  must  have  had  ancestors,  (yet  that  may 
be  doubtful,  if  bora  in  slavery,  of  putative  parents,  who 
were  slaves,  and  being  slaves,  incapable  of  contracting 
matrimony,  and  therefore  every  child  must  ne  -ds  be  a  bas 
tard,  and  so,  by  tho  common  law,  nullius  jiluis,  and  inca- 
pab  e  of  ancestors.)  His  ancestors,  if  he  had  any,  must 
have  been  of  pure  African  blood, not  mixed  with  the  tawny 
Moor  of  Morocco  or  tho  dusky  Arab  of  the  desert,  both  of 
whom  had  their  origin  in  Asia.  They  must  have  been 
brought  to  thjs  country,  not  come  voluntarily  ;  and  sold,  not 
kept  by  the  importer  for  his  own  use,  nor  given  to  his 
friends. 

In  this  argument  I  ratfee  no  question  upon  the  legal  valid 
ity  of  the  judgment  in  Scott  w.  S.mdford.  I  only  insist  that 
the  judgment  in  that  case  is  limited  in  law,  as  it  is,  in  fact, 
limited  on  the  face  of  the  record,  to  the  plea  in  abat'.'meut ; 
and,  consequently,  that  whatever  was  said  in  tho  long 
cov.rse  of  the  case, as  reported,  (240  pages.)  respecting  the 
legal  merits  of  the  case,  and  respecting  any  supposed  legal 
disability  resulting  from  the  mere  fact  of  color,  though  en- 


satne  amounts  of  pay,  bounty  and  clothing,  as 
are,  by  the  law  existing  at  the  times  of  their 
enlistment,  allowed  to  other  soldiers  in  the  vol 
unteer  forces  of  the  United  States  of  like  arms 
of  the  service. 

THE  OPINION  IN  FULL. 

ATTORNEY  GENERAL'S  OFFICE, 

July  14,  1864, 
To  THK  PRESIDENT  : 

SIR  :  By  your  communication  of  the  24th  ultimo,  you  re 
quire  my  opinion  in  writing,  as  to  what  amounts  of  pay, 
bounty  and  clothing  are  allowed  by  law  to  persons  of  color 
who  were  free  on  the  19th  day  of  April,  1861,  and  who  have 
been  enlisted  and  mustered  into  the  military  service  of  the 
United  States  between  the  month  of  December,  1862,  and 
the  16th  of  June,  1864. 

I  suppose  that  whatever  doubt  or  difficulty  may  exist 
with  regard  to  the  amount  of  pay  and  a'lowances  to  which 
the  soldiers  to  whom  you  refer  are  entitled,  has  mainly  its 
origin  in  the  several  provisions  of  the  act  of  July  17th,  1862, 
chap.  201,  (12  Stat.  599,)  relative  to  the  employmentand  en 
rollment  of  persons  of  African  descent  in  the  service  of  the 
United  States.  The  12th  section  of  that  statute  provides, 
' '  That  the  President  be  and  he  is  hereby  authorize.!  to  receive 
into  the  service  of  the  United  States,  for  the  purpose  of  con 
structing  intrenchments  or  performing  camp  service,  or  any 
other  labor,  or  any  military  or  naval  service  for  which 
they  may  be  found  competent,  persons  of  African  descent, 
and  such  persons  shall  be  enrolled  and  organized  under 
such  regulations,  not  inconsistent  with  the  Constitution  and 
laws,  as  the  President  may  prescribe."  The  15th  section 
of  the  same  statute  enacts,  that  "persons  of  African  de 
scent  who  under  this  law  shall  be  employed  shall  receive  ten 
dollars  per  month  and  one  ration,  three  dollars  of  which 
monthly  pay  may  be  in  clothing  " 

The  Orst'and  main  question,  therefore,  is,  wh  t her  the 
persons  of  color  referred  to  in  your  letter,  who  were 
mustered  into  tho  military  service  of  the  United  States  du 
ring  tho  period  ot  time  which  you  indicate,  are  -'persons  ol 
African  descent,"  employed  UNDER  the  statute  of  July  17th. 
1862,  chap.  '201.  If  t!iey  are  not  thus  employed,  their  com 
pensation  should  not  be  governed  and  is  not  regulated  by 
the  words  of  the  15th  section  of  the  statute,  which  I  have 
just  quoted. 

Now  I  think  that  it  is  clear— too  cle.-vr  indeed  to  admit  of 
doubt  or  discussion— that  those  persons  of  color  who  have 
voluntarily  enlisted  and  have  been  mustered  into  our  mili 
tary  service — who  have  been  organi/.ed  with  appropriate 
officers  into  companies,  regiments,  and  brigades  of  soldiers — 
and  who  have  done  and  arc  doing  in  tho  field  and  in  gar 
rison  the  duty  and  service  of  soldiers  of  the-  United  States- 
are  not  persons  of  African  descent  employed  under  the 
statute  to  which  I  have  referred. 

I  do  not  find,  indeed,  in  the  act  any  authority  to  enlist 


MISCELLANEOUS. 


385 


persons  of  A  frican  descent  into  the  service,  as  soldiers.  It 
will  he  observed  tliat  the  said  twelfth  section  enumerates 
two  kinds  of  employment  for  which  those  persons  are 
authorized  to  be  enrolled,  namely,  OOtutntCttng  intrench- 
ments  and  performing  camp  service.  Tho  section  then  con 
tains  a  more*  general  authority— authority  to  receive  such 
persons  into  the  service  for  the  purpose  of  performing  "any 
other  lab»r  or  any  military  or  naval  service  for  which  they 
may  he  found  competent."  I  am  bound,  however,  by  every 
rule  of  law,  respecting  the  construction  of  statutes,  to  con 
strue  the^o  words  of  more  general  authority  with  reference 
to  the  character,  nature  .and  quality  of  the  particular  kinds 
of  labor  and  service  which  are,  in  the  first  instance,  specific 
ally  enumerated  in  the  statute,  as  those  for  the  performance 
of  which  persons  of  African  descent  are  authorized  to  be 
received  into  the  service,  and,  therefore,  I  must  suppose 
that  Congress,  when  it  conferred  authority  upon  the  Presi 
dent  to  receive  into  the  service  of  the  United  States  persons 
of  African  descent  for  the  purpose  of  performing  any  other 
labor  or  any  military  service  for  which  they  may  be  found 
competent,  meant  and  intended  that  that  other  labor  and 
military  service  should  be  of  the  same  general  character, 
nature  and  quality  as  that  which  it  had  previously  in  the 
statute,  specially  named  and  designated.  "Always  in 
statutes,"  says  Coke,  "relation  shall  be  made  according  to 
the  matter  precedent."  Dwarris  says:  "sometimes  words 
and  sections  aro  governed  and  explained  by  conjoined  words 
and  clauses :  noscitur  a  socis."  (Dwarris  on  stat.  604.) 

Applying  these  rules  of  construction  then  to  the  act  be 
fore  me,  I  am  constrained  to  hold,  that  if  the  authority  to 
enlist  and  muster  into  the  military  service  soldiers  of 
African  descent  depended  upon  this  statute,  (as  it  does  not,) 
it  would  furnish  no  foundation  for  such  authority.  It  is 
manifest  that  the  labor  and  service  that  United  States 
soldiers  are  enlisted  to  perform,  are  of  an  essentially  differ 
ent  character  from,  and  are  essentially  of  a  higher  nature, 
order  and  quality  than  those  kinds  of  labor  and  service 
specifically  named  in  the  statute,  and  for  the  performance 
of  v;hich  the  President  is  specially  authorized  to  employ 
"persons  of  African  descent."  In  my  late  opinion  in  the 
case  of  the  claim  of  Rev.  Samuel  Harrison  for  full  pay  as 
Chi'plain  of  the  54th  Regiment  of  Massachusetts  Volun 
teers,  I  expressed  the  same  view  when  I  said  that  the  act 
of  July  17,  1862,  chap.  201,  "  was  not  intended  either  to 
authorize  tho  employment  or  to  fix  the  pay  of  any  persons 
of  African  descent,  except  those  who  might  be  needed  to 
perform  the  humbler  offices  of  labor  and  service  for  which 
they  might  bo  found  competent." 

This  view  finds  confirmation  in  a  statute  that  received  tho 
approval  of  the  President  on  the  same  day  as  the  act  before 
me-  -tho  statute  of  July  17, 1862,  chap.  195  (12  Stat.,  5'J2)— 
wb.i--h  conferred  upon  the  President  the  authority  to  employ 
as  many  persons  of  African  descent  as  he  might  deem  neces 
sary  and  proper  for  the  suppression  of  the  rebellion,  and 
gave  him  power  to  organize  and  use  them  in  such  manner 
as  hi>  might  judge  best  for  tho  public  welfare.  In  these 
worcs  we  may  find  clear  and  ample  authority  for  tho  enlist 
ment  of  persons  of  African  descent  as  United  States  soldiers. 
It  is  tnder  this  act,  if  under  either  of  tho  acts  of  July  17, 
1862,  that  colored  volunteer  soldiers  may  be  said  to  have 
been  :mployed.  There  is  no  need  to  resort,  therefore,  to 
the  statute  of  July  17, 1862,  chap.  201,  for  any  authority 
with  >  espect  to  their  employment,  or  for  any  rule  in  regard 
to  th»lr  compensation.  Persons  of  African  descent  em 
ployee  as  soldiers  are  not  embraced  at  all,  as  I  have  shown, 
by  the  act  of  July  17, 1862,  chap.  201,  as  objects  or  subjects 
of  legislation ;  and  we  must  therefore  look  to  some  other 
law  foi  .he  measure  of  their  compensation. 

I  fine  tho  law  for  the  compensation  of  the  persons  of  color 
reforrett  to  in  your  letter  to  mo  in  the  acts  of  Congress  in 
force  at  the  dates  of  the  enlistments  of  those  persons,  re 
specting  the  amount  of  pay  and  bounty  to  bo  given  and  the 
amount  ».nd  kind  of  clothing  to  be  allowed  to  soldiers  in  the 
voluntee  service  of  the  United  States.  For,  after  a  careful 
and  critii  r*l  examination,!  believe,  of  every  statute  enacted 
since  tho  Jbundation  of  the  present  Government  relative  to 
the  enlis  ment  of  soldiers  in  tho  regular  and  volunteer 
forces  of  «*ie  United  States,  I  have  found  no  law  which  at 
any  time  prohibited  tbe  enlistment  of  free  colored  men  into 
either  branch  of  the  national  military  service.  Tho  words 
of  Cougre.*  descriptive  of  the  recruits  competent  to  enter 
tho  service  were,  in  the  act  of  April  GO,  1700,  "able-bodied 
men  not  u.nler  live  feet  six  inches  in  height  without  shoes, 
not  under  tho  age  of  eighteen  nor  above  the  age  of  forty- 
five;"  in  tho  act  of  March  3,  179o,  ''able-bodied,  of  at  least 
five  feet  six  inches  in  height,  and  not  under  the  age  of 
eighteen  nor  above  tho  ago  of  forty-six  years;"  in  the  act 
of  March  o,1703,  ''able-bodied  and  of  a  size  and  age  suitable 
for  tlie  public  service  according  to  the  directions  which  the 
President  of  the  United  States  Khali  and  may  establish;"  in 
the  act  of  March  1C,  ISO-?,  "effective  able-bodied  citizens  of 
the  United  States,  of  at  least  live  feet  six  inches  high  and 
between  the  ages  of  eighteen  and  forty-five  years;"  in  tre 
acts  of  December  24, 1811.  January  11,  1812,  January  20, 
25 


1813,  and  January  27,1814,  "effective  able-bodied  men:" 
in  the  act  of  December  10, 1814,  "free,  effective  able-bodied 
men  between  the  ages  of  eighteen  and  fifty  years;"  and  in 
tho  act  of  January  12,  1847,  '-able-bodied  men."  Some  of 
the  foregoing  statutes  aro  obsolete;  others  of  them  are  still 
in  force,  and  furnished,  before  the  suspension  of  the  writ  of 
habeas  corpuy,  the  rule  by  which  tho  validity  of  the  enlist 
ments  of  persons  alleged  to  have  been  minors  was  every  day 
tried  in  the  State  and  Federal  courts.  They  organized  the 
military  establishments  of  the  United  States  intiine  of 
peace  and  in  time  of  war.  They  embrace  tho  periooS  of  all 
the  wars,  previously  to  the  present,  in  which  the  United 
States  has  been  engaged.  By  no  one  of  them  was  or  is  the 
enlistment  of  free  colored  men  into  the  military  service  of 
the  United  States,  whether  as  volunteers  or  as  regulars, 
prohibited.  After  the  war  of  1812  claims  for  bounty  land 
preferred  by  persons  of  color  who  had  enlisted  and  served 
in  the  army  under  tho  statutes  of  24th  December,  1811,  Jan 
uary  11,  1812,  and  December  10,  1814,  were  sustained  us 
valid  by  the  then  A  ttorney  General,  William  \Virt.  (1  Opin., 
603.)  And  when  I  turn  to  more,  recent  statutes — those  which 
authorized  tho  raising  and  regulate  the  organization  of  the 
whole  body  of  the  volunteer  forces  now  in  the  field,  and 
provided  for  the  maintenance  and  increase  of  the  regular 
forces  in  the  service — I  discover  throughout  them  no  other 
statutory  qualifications  for  recruits  than  tho.>e  established 
by  the  earliest  legislation  to  which  I  have  referred. 

It  is  not  needed  that  I  should  specially  recite  the  words 
)f  those  acts  of  Congress  that  provide  for  the  pay,  bounty, 
and  clothing  to  be  allowe  1  to  soldiers  in  the  volunteer 
military  service  of  the  United  States.  It  is  enough  to  say 
thiit  under  the  statutes  relative  to  those  subjects,  and  in 
force  duri'ig  the  period  of  time  mentioned  in  your  commu 
nication,  all  volunteers  competent  and  qualified  to  be  mem 
bers  of  the  national  forces,  are  entitled  respectively  to  re 
ceive  like  amounts  of  pay,  bounty,  and  clothing  from  the 
Government. 

In  view,  therefore,  of  the  foregoing  considerations,  I  give 
it  to  you  unhesitatingly,  as  my  opinion,  that  the  same  pay, 
bounty,  and  clothing  are  allowed  by  law  to  the  parsons  of 
color  referred  to  in  your  communication,  and  who  were  en 
listed  and  mustered  into  the  military  service  of  the  United 
States  between  the  months  of  December,  1862,  and  the  16th 
of  June,  1864,  as  aro  by  tholawsexistii-gat  the  times  of  the 
enlistments  of  said  persons,  authorized  and  provided  for, 
and  allowed  to,  other  soldiers  in  the  volunteer  forces  of  the 
United  States  of  like  arms  of  the  servi.-o. 

lhave  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  EDWARD  BATES. 


Gen.  McClellan's  Letters. 

ON    POLITICAL    ADMINISTRATION,    JULY    7,    1862. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
CAMP  NEAR  HARRISON'S  LANDING,  VA.,  July  7,  1862. 

MR.  PRESIDENT:  You  have  been  fully  informed  that  the 
rebel  army  is  in  the  front,  with  the  purpose  of  overwhelm 
ing  us  by  attacking  our  positions  or  reducing  us  by  block 
ing  our  river  communications.  I  cannot  but  regard  our 
condition  as  critical,  and  I  earnestly  desire,  in  view  of  pos 
sible  contingencies,  to  lay  before  your  excellency,  for  your 
private  consideration,  my  general  views  concerning  the 
existing  state  of  tho  rebellion,  although  they  do  not  strictly 
relate  to  the  situation  of  this  army,  or  strictly  come  witliin 
the  scope  of  my  official  duties.  These  views  amount  to 
convictions,  and  are  deeply  impressed  upon  my  mind  and 
heart.  Our  cause  must  never  be  abandoned  ;  it  is  the  cause 
of  free  institutions  and  self-government.  The  Constitution 
and  the  Union  must  be  preserved,  whatever  may  be  tho 
cost  in  time,  treasure,  and  blood.  If  secession  is  successful, 
other  dissolutions  are  clearly  to  be  seen  in  the  future.-  Let 
neither  military  disaster,  political  faction,  nor  foreign  war 
shako  your  settled  purpose  to  enforce  the  equal  operation 
of  the  laws  of  the  United  States  upon  the  people  of  every 
State. 

The  time  has  come  when  the  government  must  determine 
upon  a  civil  anil  military  policy,  covering  the  whole  ground 
of  our  national  trouble. 

The  responsibility  of  determining,  declaring,  and  support 
ing  such  civil  and  military  policy,  and  of  directing  the 
whole  course  of  national  affairs  in  regard  to  the  rebellion, 
must  now  be  assumed  and  exercised  by  you,  or  our  cause 
will  be  lost.  The  Constitution  gives  you  power,  even  for  the 
present  terrible  exigency. 

This  rebellion  has  assumed  the  character  of  a  war:  as 
such  it  should  be  regarded,  and  it  should  be  conducted  upon 
the  highest  principles  known  to  Christian  civilization.  It 
should  not  be  a  war  looking  to  the  subjugation  of  the 
people  of  any  State,  in  any  event.  It  should  not  be  at  nil  a 
war  upon  population,  but  against  armed  forces  and  political 
organizations.  Neither  confiscaticn  of  property,  political 
executions  of  persons,  territorial  organization  of  States,  or 


386 


MISCELLANEOUS. 


forcible  abolition  of  slavery,  should  be  contemplated  for  a 
moment. 

In  prosecuting  the  war,  all  private  property  and  unarmed 
persons  should  be  strictly  protected,  subject  only  to  the 
necessity  of  military  operations;  all  private  property  taken 
for  military  use  should  be  paid  or  receipted  for ;  pillage  and 
was  to  should  be  treated  as  high  crimes;  all  UIIIKTI  --.~  -iry 
trespass  sternly  prohibited,  and  offensive  denv-anor  by  the 
military  towards  citizens  promptly  rebuked.  Military 
arrests  should  not  bo  tolerated,  except  in  places  where 
active  hostilities  exist ;  and  oaths,  not  required  by  enact 
ments,  constitutionally  made,  should  be  neither  demanded 
nor  received. 

Military  government  should  be  confined  to  the  preserva 
tion  of  public  order  and  the  protection  of  political  right. 
Military  power  should  not  be  allowed  to  interfere  with  the 
relations  of  servitude,  either  by  supporting  or  impairing  the 
authority  of  the  master,  except  for  repressing  disorder,  as  in 
other  cases.  Slaves,  contraband  under  the  act  of  Congress, 
seeking  military  protection,  should  receive  it.  The  right  of 
the  government  to  appropriate  permanently  to  its  own  ser 
vice  claims  to  slave  labor  should  bo  asserted,  and  the  right 
of  the  owner  to  compensation  therefor  should  be  recognized. 
This  principle  might  be  extended,  upon  grounds  of  military 
necessity  and  security,  to  all  the  slaves  of  a  particular  State, 
thus  working  manumission  in  such  State;  and  in  Missouri, 
perhaps  in  Western  Virginia  also,  and  possibly  even  in  Ma 
ryland,  the  expediency  of  such  a  measure  is  only  a  ques 
tion  of  time.  A  system  of  policy  thus  constitutional,  and 
pervaded  by  the  influences  of  Christianity  and  freedom, 
would  receive  the  support  of  almost  all  truly  loyal  men, 
would  deeply  impress  the  rebel  masses  and  all  foreign  na 
tions,  and  it  might  be  humbly  hoped  that  it  would  commend 
itself  to  the  favor  of  the  Almighty. 

Unless  the  principles  governing  the  future  conduct  of  our 
struggle  shall  be  made  known  and  approved,  the  eifort  to 
obtain  requisite  forces  will  bo  almost  hopeless.  A  declara 
tion  of  radical  views,  especially  upon  slavery,  will  rapidly 
disintegrate  our  present  armies.  The  policy  of  the  govern 
ment  must  be  supported  by  concentrations  of  military 
power.  The  national  forces  should  not  bo  dispersed  in  ex 
peditions,  posts  of  occupation,  and  numerous  armies,  but 
should  bo  mainly  collected  into  masses,  and  brought  to  bear 
upon  the  armies  of  the  Confederate  States.  Those  armies 
thoroughly  defeated,  the  political  structure  which  they  sup 
port  would  soon  cease  to  exist. 

In  carrying  out  any  system  of  policy  which  you  may 
form,  you  will  require  a  commander-in-chief  of  the  army, 
one  who  possesses  your  confidence,  understands  your  views, 
and  who  is  competent  to  execute  your  orders,  by  directing 
the  military  forces  of  the  nation  to  the  accomplishment  of 
the  objects  by  you  proposed.  I  do  not  ask  that  place  for 
myself.  I  am  willing  to  serve  you  in  such  position  as  you 
may  assign  me,  and  I  will  do  so  as  faithfully  as  ever  subor 
dinate  served  superior. 

I  may  be  on  the  brink  of  eternity ;  and  as  I  hope  for 
giveness  from  my  Maker,  I  have  written  this  letter  with 
sincerity  towards  you  and  from  love  for  my  country. 

Very  respectfully,  your  obedient  servant, 

GEORGE  B.  McCLELLAN, 
Major  General  Commanding. 
His  Excellency  A.  LINCOLN,  President. 


I  principles  of  humanity  »nd  civilization,  working  no  injury 
I  to  private  rights  and  property  not  demanded  by  military 
I  necessity  arid  recognized  by  military  law  among  rivili/e*l 
nation*. 

And,  finally,  I  understand  him  to  agree  with  me  in  the 
opinion  that  the  sole  great  objects  of  this  war  are  the  resto 
ration  of  the  unity  of  the  nation,  the  preservation  of  the 
('"ii.-titution,  and  the  supremacy  of  tho  laws  of  the  country. 
J{<-!i<'ving  our  opinions  entirely  agree  upon  these  points,  I 
would,  were  it  in  my  power,  give  to  Judge  Woodward  my 
voice  and  vote. 
I  am,  very  respectfully,  yours, 

GEORGE  B.  McCLELLAN. 
Hon.  CHARLES  J.  BIDDLE. 


IN  FAVOR  OP  THE  ELECTION  OF  GEORGE  W.  WOOD 
WARD  AS  GOVERNOR  OF  PENNSYLVANIA . 

ORANGE,  NEW  JERSEY,  October  12,  1863. 

DEAR  SIR  :  My  attention  has  been  called  to  an  article  in 
the  Philadelphia  Press,  asserting  that  I  had  written  to  the 
managers  of  a  Democratic  meeting  at  Allentown,  disap 
proving  the  objects  of  the  meeting,  and  that  if  I  voted  or 
spoke  it  would  be  in  favor  of  Governor  Curtin,  and  I  am 
informed  that  similar  assertions  have  been  made  throughout 
the  State. 

It  has  been  my  earnest  endeavor  heretofore  to  avoid  par 
ticipation  in  party  politics.  I  had  determined  to  adhere  to 
this  course,  but  it  is  obvious  that  I  cannot  longer  maintain 
silence  under  such  misrepresentations.  I  therefore  request 
you  to  deny  that  I  have  written  any  such  letter,  or  enter 
tained  any  such  views  as  those  attributed  to  mo  in  the  Phil 
adelphia  Prat,  and  I  desire  to  state  clearly  and  distinctly, 
that  having  some  days  ago  had  a  full  conversation  with 
Judge  Woodward,  I  find  that  our  views  agree,  and  I  regard 
his  election  as  Governor  of  Pennsylvania  called  for  by  the 
interests  of  tho  nutiod. 

I  understand  Judge  Woodward  to  be  in  favor  of  tho  pros 
ecution  of  the  war  with  all  tho  means  at  the  command  of 
the  loyal  States,  until  the  military  power  of  the  rebellion  is 
destroyed.  I  understand  him  to  be  of  the  opinion  that 
while  the  war  is  urged  with  all  possible  decision  and  energy, 
the  policy  directing  it  should  be  in  consonance  with  the 


Proposed  Censures  of  Officials. 

OF    PRESIDENT    LINCOLN. 

First  Session,  Thirty-Seventh  Congress. 
IN  HOUSE. 

July  15 — Mr.  VALLANDIGHAM  offered  the  fol 
lowing  : 

Resolved,  That  the  Constitution  of  the  United  States  con- 
I  fers  upon  Congress  alone  the  power  to  "  raise  and  support 
j  armies,"  imd  to  "  provide  and  maintain  a  navy  ,"  and  there 
fore  the  President,  in  the  proclamation  ot  May  3, 1S61,  and 
the  orders  and  action,  by  his  authority,  ol  the  V,  ar  and 
Navy  Departments,  increasing  the  Army  and  Navy,  and 
calling  for  and  accepting  the  services  of  volunteers  for  three 
years  without  warrant  of  law,  usurped  powers  belonging 
solely  to  Congress,  and  so  violated  the  Constitution.  . 

2.  That  the  right  to  declare  a  blockade  as  against  an  in 
dependent  power,  is  a  belligerent  right,  depending  upon 
the  existence  of  a  state  of  war;  and  that  as  Congress,  and 
Congress  alone,  have  the  power  to  declare  or  recognize  the 
existence  of  war,  the  President  has  no  right  to  order  a 
blockade  until  after  Congress  shall  have  declared  or  recog 
nized  war  with  the  power  whose  ports  are  to  be  blockaded; 
and  further,  that  Congress  alone  can  abolish  or  shut  up  t!ie 
ports  of  entry  of  any  State  within  the  Union  ;  and  that, 
therefore,  the  President,  in  blockading  and  shutting  up  the 
ports  of  entry  in  certain  of  the  Mates  of  the  Union,  without 
the  authority  of  Congress,  violated  the  Constitution. 

3.  That  Congress  alone  have  the  constitutional  power  to 
suspend  the  writ  of  habeas  corpus;  and  that  until  the  writ 
has  been  suspended  by  act  of  Congress,  it  is  the  duty  of  the 
President,  and  all  other  officers,  civil  and  military,  to  obey 
it;  and  that,  therefore,  the  President,  in  suspending  said 
writ  himself,  or  attempting  to  authorize  certain  military 
officers  to  suspend  it,  or  todiaobey  it,  or  in  sustaining  them 
in  disobedience  to  it,  violated  tho  Constitution. 

4.  That  by  the  Constitution  "  no  money  shall  be  drawn 
from  tho  Treasury  but  in  consequence  of  appropriations 
made  by  law;"  and  that  in  ordering  the  drawing  from  the 
Treasury  of  money  unappropriated  or  appropriated  for  on« 
purpose,  and  applying  the  same  to  purposes  for  which  no 
appropriations  had  been  made  by  law,  the  President  viola 
ted  the  Constitution. 

5.  That  the  search  of  certain  telegraph  offices  in  the 
month  of  May  last,  by  several  officers  and  agents  of  the  Ex 
ecutive,  without  search  warrrant  upon  probable  cause,  sup 
ported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  things  to  be  sei/.ed;  and 
tho  seizure  of  papers  and  despatches  in  said  offices  was  u 
violation  of  the  constitutional  ''right  of  the  people  to  be 
secure  in  their  persons,  houses,  papers,  and  effects  againi/t 
unreasonable  searches  and  seizures ;"  and  that  the  Pre»i 
dent,  in  ordering  such  search  and  seizures,  violated  the  Coo 
stitution. 

6.  That  neither  Congress,  nor  tho  President,  nor  the judi 
ciary,  have  any  constitutional  power  to  abridge  the  freedan 
of  speech  or  of  the  press ;  and  that  the  suspension  of  new  f 
paper  presses  by  military  authority  and  force,  and  thoiirroi  t 
of  citi/.ens  by  military  or  civil  authority,  for  the  cxpre.-4'.ou 
by  speech,  or  through  the  press,  of  opinions  upon  political 
subjects,  or  subjects  of  any  kind,  is  a  violation  of  the  C>n- 

titution. 

7.  That  the  arrest  without  civil  process  of  persons  iu-t 
ubject  to  tho  rules   and   articles  of  war,  nor   in    cas«j 

arising  in  the  land  or  naval  forces  or  in  tho  militia,  when 
in  actual  service,  by  soldiers  in  tho  service  of  the  United 
States,  is  a  breach  of  the  Constitution,  and  a  violation  of 
the  constitutional  liberty  of  tho  person. 

On  motion  of  Mr.  LOVK.TOY,  these  resolutions 
were  at  once  laid  upon  the  table — the  House 
refusing  to  order  the  yeas  and  nays. 


MISCELLANEOUS. 


387 


OF    EX-PBESIDENT    BUCHANAN. 

Third  Session,  Thirty-Seventh  Congress. 

IN  SENATE. 

1862,  Dec.  15 — Mr.  DAVIS,  of  Kentucky, 
offered  this  resolution  : 

Resolved,  That  after  it  had  become  manifest  that  an  insur 
rection  against  the  United  States  was  about  to  break  out  in 
several  of  tbo  southern  States,  James  Buchanan,  then  Pres 
ident,  from  sympathy  with  the  conspirators  and  their  treas 
onable  projAct,  failed  to  take  necessary  and  proper 
measures  to  prevent  it ;  wherefore  he  should  receive  the 
censure  and  condemnation  of  the  Senate  and  the  American 
people. 

Dec  16 — Mr.  SAULSBUBY  offered  this  amend 
ment : 

Resolved  further,  That  a  copy  of  the  foregoing  resolution 
be  served  upon  the  said  James  Buchanan,  and  that  he  uo 
notified  that  he  has  liberty  to  defend  himself  before  the 
Sanate  against  the  charges  in  said  resolution  contained,  if 
ho  shall  choose  so  to  do. 

Same  day  —  The  resolution  and  proposed 
amendment  were  laid  upon  the  table — yeas  38, 
nays  3,  as  follows : 

YEAS — Messrs.  Anthony,  Arnold,  Browning,  Carlile,  Clark, 
Collanv  r,  Cowan,  Dixon,  Doolittle,  Fesseudeu,  Field,  Foot. 
Foster,  Grimes,  Halo,  Harding,  Harlan,  Harris,  Henderson, 
.Kennedy,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Latham, 
Morrili,  Nesmith,  Pomeroy,  Powell,  Rice,  Saulsbury,  Sher 
man,  Ten  Eyck,  Tnimbull,  Wade,  Wiiley,  Wilson  of  Mass 
achusetts,  Wilson  of  Missouri,  Wright— 38. 

NAYS— Messrs.  Davis,  Howe,  Wilkinson— 3. 


OF    MESSRS.    LONG   AND    HARRIS. 

First  Session,  Thirty-Eighth  Congress. 
IN  HOUSE. 

1864,  April  9 — Mr.  COLFAX,  the  Speaker,  (Mr. 
ROLLINS,  of  New  Hampshire,  in  the  Chair,)  of 
fered  this  preamble  and  resolution  : 

Whereas  on  the  8th  of  April,  1864,  when  the  House  of 
Representatives  was  in  Committee  of  the  Whole  on  the 
state  of  the  Union,  ALEXANDER  LONG,  a  Representative 
from  the  second  district  of  Ohio,  declared  himself  in  favor 
of  recognizing  the  independence  and  nationality  of  the  so- 
called  confederacy  now  in  arms  against  the  Union ;  and 
whereas,  the  said  so-called  confederacy,  thus  sought  to  be 
recognized  and  established  on  the  ruins  of  a  dissolved  or 
destroyed  Union,  has  as  its  chief  officers,  civil  and  military, 
those  who  have  added  perjury  to  their  treason,  and  who 
seek  to  obtain  success  for  their  parricidal  efforts  by  the 
killing  of  the  loyal  soldiers  of  the  nation  who  are  seeking 
to  save  it  from  destruction ;  and  whereas  the  oath  required 
of  all  members,  and  taken  by  the  said  ALEXANDER  LONG  on 
the  first  day  of  the  present  Congress,  declares  "  that  I  have 
voluntarily  given  no  aid,  countenance,  counsel,  or  encour 
agement  to  persons  engaged  in  armed  hostility  to  the 
United  States,"  thereby  declaring  that  such  conduct  is  re 
garded  as  inconsistent  with  membership  in  the  Congress  of 
the  United  States  :  Therefore, 

Resolved,  That  ALEXANDER  LONG,  a  Representative  from 
tho  second  district  of  Ohio,  having,  on  the  8th  of  April, 
1804.  declared  himself  in  favor  of  recognizing  the  indepen 
dence  and  nationality  of  tho  so-called  confederacy  now  in 
arms  against  the  Union,  and  thereby  "  given  aid,  counte 
nance,  and  encouragement  to  persons  engaged  in  armed 
hostility  to  the  United  States,"  is  hereby  expelled. 

Pending  which,  April  9,  Mr.  WASHBURNE,  of 
Illinois,  offered  this  resolution  : 

Whereas  Hon.  BENJAMIN  G.  HARRIS,  a  member  of  the 
House  of  Representatives  of  the  United  States  from  the 
State  of  Maryland  has  on  this  day  used  the  following  lan 
guage,  to  wit :  "  The  South  asked  you  to  let  them  go  in 
peace.  But,  no ;  you  said  you  would  bring  them  into  sub 
jection.  That  is  not  done  yet,  and  God  Almighty  grant  that 
it  nevei  may  be.  I  hope  that  you  will  never  sub  jugate  the 
South."  And  whereas  such  language  is  treasonable,  and  is 
a  gross  disrespect  of  this  House  :  Therefore, 

Bf  it  resolved,  That  the  said  BENJAMIN  G.  HARRIS  be  ex 
pelled  from  this  House. 

Which  was  rejected — yeas  84,  nays  58,  (two 
thirds  being  required  :) 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 


Ashley,  Baily,  John  D.  Baldwin.  Baxter,  Beaman,  Elaine. 
Francis  P.  Blair,  Boutwoll,  Boyd,  Broomall,  William  G. 
Brown,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb,  Cole,  Cres- 
w>ll,  Honry  Winter  Davis,  Thomas  T.  Davis,  Dixon,  Donnelly, 
Driggs,  Du'mont,  Eckley,  Eliot,  Frank,  Garficld,  Gooch,  Grin- 
nell,  Hale,  Ilicjby,  Hooper,  Hotchkiss,  Asahel  W,  Hubbard, 
John  II.  Hubbard,  Jenckes,  Julian,  Kasson,  Kelley,  Francis 
W.  Kpllojrg.  Orlando  K«llo?-£,  Loan,  Marvin.  McBride,  Mc- 
(,'lnrg,  Mclndop,  Samuel  F.  Miller,  Morrili,  Daniel  Morris, 
Arnoa  Myors,  Leonard  Myers,  Norton,  Orth,  Patterson,  Pike, 
Pomeroy,  Price,  William  H.  Randall,  Edward  H.  Rollins, 
Schenck,  Scofield.  Shannon,  Smith,  Smithers,  Spalding,  Stair. 
Thayer,  Thomas,  Tracy,  Upson,Van  Valkcnburgh.  Ellihu  B. 
Washburne,  William  B.  Washburn,  Webster,  Whaley,  Wil 
liams,  Wilder.  Wilson,  Windom,  Woodbridge — 84. 

NATS — Messrs. Mantes  C.  Allen,  Ancona,  Augustus  C.  Bald 
win,  Blisx,  James  S.  Brown,  C/ianlcr,  Clay,  Cox,  Cravens, 
Dawson,  Denison,  Eden,  Eldridrje,  English,  Finck,  Ganson, 
G  rider,  Harding,  Harrington,  Herrick,  Holman,  Hutchins, 
Philip  Johnson,  William  Johnson,  Kcrnan,  Law,  Lazear, 
Le  Blond,  Long,  Mallory,  Marnj,  McAllister,  McDowell,  Mc- 
Kinney,  Middleton,  William  H.  Miller,  James  R.  Morris, 
Morrison,  Net:  on,  Odzll,  Pendleton,  Pruyn,  Samuel  J.  Ran 
dall,  Robinson,  Rogers,  Jamc.s  S.  Rollins,  Ross,  Scott,  John 
B.  Steele,  William  G.  Steele,  Strouse,  Sweat,  Voorhees,  Ward, 
Chilian  A.  White,  Joseph  W.  White,  Winfield,  Fernando 
Wood— 58. 

Mr.  SCHENCK  then  offered  this  resolution  : 

Resolved,  That  BENJAMIN  G.  HARRIS,  a  Representative 
from  the  fifth  district  of  the  State  of  Maryland,  having 

rken  words  this  day  in  debate,  manifestly  tending  and 
igned  to  encourage  the  existing  rebellion  and  the  ene 
mies  of  this  Union,  is  declared  to  be  an  unworthy  member 
of  this  House,  and  is  hereby  severely  censured. 

A  motion  to  table  the  resolution  was'  lost — 
yeas  23,  nays  80;  two  motions  to  adjourn  were 
made  and  voted  down  ;  and  the  resolution  was 
then  adopted — yeas  98,  nays  20,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Baily,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Bax 
ter,  Beaman,  Elaine,  F.  P.  Blair,  Boutwell,  Boyd,  Broomall, 
James  S.  Brown,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cobb,  Cole,  Creswell,  Cox,  Henry  Winter  Davis,  Thomas  T. 
Davis,  Dixon,  Donnelly,  Driggs,  Duinont,  Eckley,  Eliot,  Eng 
lish,  Frank,  Ganson,  Garfield,  Gooch,  Grinnell,  Hale,  Har 
rington,  Higby,  Holman,  Hotchkiss,  Asahel  "W.  Hubbard, 
John  H.  Hubbard,  Jenckes,  Julian,  Kasson,  Kelley,  Francis 
W.  Kellogg,  Orlando  Kellogg,  Kcrnan,  Loan,  Marvin,  Mc 
Allister,  McBride,  McClurg,  Mclndoe,  Middleton,  Samuel  F. 
Miller,  Morrili,  Daniel  Morris,  Amos  Myers,  Leonard  Myers, 
Nelson,  Norton,  Odell,  Orth,  Patterson,  Pike,  Pomeroy, 
Price,  William  II.  Randall,  Edward  II.  Rollins,  Schenck, 
Scofield,  Shannon,  Sloan,  Smith,  Smithers,  Spalding,  Starr, 
John  B.  Sleele,  William  G.  Steele,  Thayer,  Thomas,  Tracy, 
Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne,  William 
B.  Washburn,  Webster,  Whaley,  Williams,  Wilder,  Wilson, 
Windom,  Winfield,  Yeaman—QS. 

NAYS — Messrs.  James  C.  Allen,  Ancona,  Bliss,  Chanler, 
Denison,  Eden,  Eldridge,  Law,  Le  Blond,  Long,  Wm.  H.  Mil 
ler,  Morrison,  Pendleton,  Pruyn,  Samuel  J.  Randall,  Ross, 
Strouse,  Voorhees,  Chilian  A.  White,  Fernando  Wood— 20. 

The  question  recurring  upon  the  resolution 
offered  by  Mr.  COLFAX — 

April  14 — Mr.  BIIOOMALL  offered  this  amend 
ment,  as  a  substitute,  which  Mr.  COLFAX  ac 
cepted  : 

Whereas  ALEXANDER  LONG,  a  Representative  from  the 
second  district  of  Ohio,  by  his  open  declarations  in  the  na 
tional  Capitol  and  publications  in  the  city  of  New  York,  has 
shown  himself  to  be  in  favorof  a  recognition  of  the  so-called 
confederacy  now  trying  to  establish  itself  upon  the  ruins  of 
pur  country,  thereby  giving  aid  and  comfort  to  tho  enemy 
in  that  destructive  purpose — aid  to  avowed  traitors  in  cre 
ating  an  illegal  government  within  our  borders— comfort  to 
them  by  assurances  of  their  success,  and  affirmations  of  the 
justice  of  their  cause  ;  and  whereas  such  conduct  is  at  the 
same  time  evidence  of  disloyalty  and  inconsistent  with  his 
oath  of  office  and  his  duty  as  a  member  of  this  body :  There 
fore, 

Resolved,  That  the  said  ALEXANDER  LONG,  a  Representa 
tive  from  the  second  district  of  Ohio,  be,  and  he  is  hereby, 
declared  to  be  an  unworthy  member  of  the  House  of  Repre 
sentatives. 

Resolved,  That  the  Speaker  shall  read  these  resolutions 
to  the  said  ALEXANDER  LONG  during  the  session  of  the 
House. 

Mr.  Cox  moved  to  lay  the  preamble  and  reso- 


388 


MISCELLANEOUS. 


lution  on  the  table  ;  which  was  disagreed  to — 
yeas  70,  nays  80.  A  division  of  the  question 
was  called,  when 

The  first  resolution  was  agreed  to — yeas  80, 
nays  70,  as  follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames.  Anderson,  Arnold, 
Ashley,  Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine, 
Bontwell,  Boyd,  Brooraall,  Ambrose  W.  Clark.  Oobb,  Cole, 
On-swell,  Dawes,  Iteming,  Drigga,  Duiuont,  Lckloy,  Farnu- 
worth,  Frank,  Garfield,  Gooch,  Grinnell,  Higby,  Hooker. 
Hotchkibs,  John  H.  Hubbard,  Jenckes,  Julian,  Kasson, 
Kelley,  Irancis  W.  Kellogg,  Orlando  Kellogg.  Loan,  Long- 
year,  Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  V,  Millwr, 
Morrill,  Daniel  Morris,  Amos  Myors,  Leonard  Myer*,  Nor- 
ton,  Charles  O'Neill,  Orth,  Patterson,  Perham,  Pike,  Pome- 
roy.  Price,  William  H.  Randall,  Alexander  H.  Rice,  John 
H.  Rice.  Edward  H.  Rollins,  Schenck,  Shannon,  Sloan, 
Smith,  Smithers,  Starr,  Stevens,  Thayer,  Thomas,  Upson, 
Van  Valkenburg,  Ellihu  B.  Washburne,  William  B.  Wash- 
burn,  Webster,  Whaley,  Wilder,  Wilson,  Windom,  Wood- 
bridge— 80. 

NATS— Messrs.  Jaws  C.  Allen,  William  J.  Allen,  Anama, 
Augustus  C.  Baldwin,  Francis  P.  Blair,  Bliss,  James  3. 
Brown,  William  G.  Brown,  Chanlfr,  Clay,  Coffroth,  Cox, 
Cravens,  Dawson,  Denison,  Eden,  Eldridge,  Finch,  Gunson, 
Orider,  Hull,  Harding,  Harrington,  B.  G.  Harris,  Her  rick, 
Hdtman,  Hutchins,  P.  Johnson,  Wm.  Johnson,  Kalbfldsch, 
Kernan,  King,  Knapp,  Law,  Lazear,  Mallory,  Marcy,  Mc 
Dowell,  McKiWMy,  William  H.  Miller,  James  R.  Morris, 
Morrison,  Nelson,  Noble,  Odell,  John  O'Neill,  Pendtetr/n, 
Furry,  Pruyn,  Radford,  Samuel  J.  Randall,  Rol>inson, 
Ro'Jgers,  James  S.  Rollins,  Ross,  Scott,  Stebbins,  John  B. 
Steele,  William  G.  Steele,  Strouse,  Stuart,  Sweat,  Voorhces, 
Ward,  Wheeler,  Chilton,  A.  White,  Joseph  W.  White,  Win- 
Jiclu,  Fernando  Wood,  Yeaman — 70. 

The  second  resolution  was  laid  on  the  table — 
yeas  71,  nays  70,  as  follows: 

YEAS— Messrs.  James  C.  Allm,William  J.  Allen,  Ancvna, 
Bail//,  Awjustus  C.  Baldwin,  Bliss,  James  S.  Brown,  Wm.G. 
Brown,  Chanler,  Clay,  Cnffroth,  Cox,  Dawson,  Denison. 


Lazear,  Mallory,  Marcy,  McDowell,  McKinney,  William  H. 
Miller,  James  R.  Morris,  Morrison,  Nelson,  Noble,  Odell, 
John  (yjieill,  Pendleton,  Perry,  Pruyn,  Radford,  Samuel  J. 


Randall,  AVilliam  H.  Rtuidnll,  Robi;  eon,  Rogers.  James  S 
Rollins,  ROSK,  Scolt,  Smith.  Stebbins,  John  B.  Ste<-!e,  William 
G.  Steele,  St,rmiRe,  Stuart,  Sweat,  Vourhw,  Ward,  .Webster 
Wheele.r,  CltilKm  A.  IV/nte,  Joxepf,.  W.  White,  Winfield. 
Fernando  Wood,  Vtaman — 71. 

NATS— Messrs.  Alley,  Allison,  Ames,  Anderson.  .Arnold 
Ashley,  John  D.  Baldwin,  Baxter,  Bearnan,  Blaine,  Bout- 
well,  Boyd,  A.  W.Clark,  Cobb, Cole,  Creswell, Dasves,  Dem- 
ing,  Driggs.  Dumont,  Eckley,  Farnsworth,  Frank,  (Jarfi«-l,l 
Gooch,  Grinnell,  Higby,  Hooper,  Hotchkiss, ./.  H.  Hnbburd, 
JenCK6«,  Julian,  Kasson.  Kelly.  Francis  W.  Kellogg,  Or 
lando  Kell.,gg,  Loan,  Longyear,  Marvin.  McBride,  McClurg, 
Mclndoe,  Mori-ill,  Daniel  Morris,  Amos  Myers.  Norton, 
Charles  O'Neill,  Orth,  Patterson.  Perham,  Pike,  Porn»>rov 
Price,  Alexander  H.  Rice,  John  11.  Rice,  Scheuck,  Shannon, 
Sloan,  Smithers,  Starr,  Stevens,  Thayer,  Upson,  Van  Val- 
kenburg,  Ellihu  B.  Washburne,  William  B.  Washburn, 
Wilder,  Wilson,  Windom,  Woodbridge— 70. 

The  preamble  was  then  agreed  to — yeas  78, 
nays  03,  as  follows: 

YEAU— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine* 
Boutwell,  Boyd,  Broomall,  Ambrose  W.  Clark,  Cobb,  Cole 
Oreswell,  Dawes,  Dri-gs.  Dumont,  Eckley,  Frank,  (Jarricld, 
Gooch,  Grinnell,  Higby,  Hooper,  Hotchkise,  John  El.  Hub- 
bard,  Jeuckes,  Julian,  Kassou,  Keiley,  Francis  W.  Kellogg, 
Orlando  Kellogg,  Loan,  Longyear,  Marvin,  McBride,  Mc- 
Clurg,  Mclndoe,  Samuel  F.. Miller,  Morrill.  Daniel  Morris, 
Amos  Myers,  Leonard  Myers.  Norton.  Charles  O'Neill,  Orth 
Patterson,  Perham,  Pike,  Pomeroy,  Price,  William  II.  Ran 
dall,  Alexander  H.  Rice,  John  II. 'Rice,  Edward  H.  Rollins, 
Schenck,  Shannon,  Sloan,  Smith,  Smithers,  Starr,  Stevens, 
Thayer,  Thomas.  Upson,  Van  Valkenburgh,  Eliihu  H.  Wash- 
burne,  William  B.  Washburn,  Webster,  Whaley,  Wilder 
Wiiwon,  Windom,  Woodbridge — 78. 

NAYS— Messrs.  James  C.  Allen,  William  J.  Allen,  Anc'ita 
Augustus  C.  Baldwin,  Bliss,  James  S.  Brown.  William  G. 
Brown,  Chanlvr,  Clay,  Cojfroth,  Cox.  Dawson,  Denimn, 
Edm,  Eldridge,  Finck,  Ganson,  Orider,  Hall,  Harding, 
Benjamin  G.  Harris,  Herri'-k,  Jfolman,  Hutching,  William 
Johnson,  KaXbfleiisch,  Kernan,  Knapp,  Law,  Lazear,  Mara/ 
McDowell,  McKinnty,  William  H.  Miller,  James  R.  Morris, 
Morrison,  A'elson,  Noble,  Odell,  John  O'Neill,  Pendleton 
Perry,  Pruyn,  Radford,  Samuel  J.  Randall,  Rolnnson, 
Rodger s,  James  S.  Rollins,  Ross,  Scott,  Siebbins,  John  B. 
Steele,  William  G.  Steele,  Strous,  Stuart,  Voorhees,  Ward, 
Wheeler,  Chilton  A.  White,  Joteph  W.  White,  Wintleld, 
ftrnando  Wood,  Yeaman— 63. 


THE  CONSPIRACY  OF  DISUNION. 


In  the  slaveholding  States,  a  considerable 
body  of  men  have  always  been  disaffected  to 
the  Union.  They  resisred  the  adoption  of  the 
National  Constitution,  then  sought  to  refine 
away  the  rights  and  powers  of  the  General 
Government,  and  by  artful  expedients,  in  a  se 
ries  of  years,  using  the  excitements  growing 
out  of  passing  questions,  finally  perverted  the 
sentiments  of  large  masses  of  men,  and  pre 
pared  them  for  revolution 

I  had  prepared  an  extensive  collection  of 
statements  and  facts  bearing  upon  this  point, 
but  am  obliged  to  omit  them  for  want  of  space. 
The  well-read  in  our  politics  can  readily  recur 
to  a  multitude  of  proofs.  I  append  a  few  con 
spicuous  points,  the  first  of  which  is  less  well 
known,  being  from  an  unpublished  journal  by 
Hon.  William  Maclay,  United  States  Senator 
from  Pennsylvania,  from  March  4,  1789,  to 
March  3,  1791,  being  the  First  Congress  under 
the  Constitution.  This  journal  is  the  property 
of  his  relative,  George  VV.  Harris,  Esq.,  of  Har- 
risburg,  Pn. 

An  early  Threat  of  Dissolution. 

PUOM  SENATOR  MACLAY'S  JOURNAL. 

1789,  Juno  9— In  relation  to  the  tariff  bill,  the  affair  of 
confining  the  East  India  Trade-  to  the  citizen*  of  America 
had  been  nrsjutived,  and  a  committee  had  been  appointed  to 
report  on  this  business.  The  report  caine  in  with  very 
high  duties,  amounting  to  a  prohibition.  But  a  new  phe 
nomenon  had  made  its  appearance  in  the  House  (meaning 
the  Senate)  since  Friday. 

l*ierce  Butler,  from  South  Carolina,  had  taken  his  seat, 
and  flamed  like  a  meteor.  .  He  arraigned  the  whole  Im 
post  law,  and  then  charged  (indirectly)  the  whole  Congress 
with  a  design  of  oppressing  South  Carolina.  He  cried  out 
for  encouraging  the  Danes  and  Swedes,  and  foreigners  of 
every  kind,  to  come  and  take  away  our  produce.  In  fact, 
he  was  for  a  navigation  act  reversed. 

June  11 — Attended  at  the  hall  as  usual. 

Mr.  hard*  and  Mr.  Butler  opposed  the  whole  of  the  draw 
backs  in  every  shape  whatever. 

Mr.  Graysonfi  of  Virginia,  warm  on  this  subject,  said  we 
•were  not  ripe  for  such  a  thing.  We  were  a  new  nation,  and 
had  no  busiziess  for  any  such  regulations — a  nation  sui  gen 
eris. 

Mr.  Lte+  said  drawbacks  were  right,  but  would  be  so 
much  abused,  he  could  not  think  of  admitting  them. 

Mr.  EUmmrtM  said  New  England  mm  would  be  exported, 
instead  of  West  India,  to  obtain  the  drawback. 

I  thought  it  best  to  say  a  few  words  in  reply  to  each.  We 
were  anew  nation,  it  wtis  true,  but  we  were  not  a  new  peo 
ple.  We  were  composed  of  individuals  of  like  manners, 
habits,  and  customs  with  the  European  nations.  What, 

*  Ralph.       f  William.        J  Richard  Henry,  from  Virginia. 
||  Oliver,  of  Connecticut. 


therefore,  had  been  found  useful  among  them,  came  well 
recommended  by  experience  to  us.  Drawbacks  stand  as  an 
example  in  this  point  of  view  to  us.  If  the  thing  was  right 
in  itself,  there  could  be  no  just  argument  drawn  against  the 
use  of  a  thing  from  the  abuse  of  it.  It  would  be  the  duty 
ot  Government  to  guard  against  abuses,  by  prudent  appoint 
ments  and  watchful  attention  to  officers.  That  as  to  chang 
ing  the  kind  of  rum,  I  thought  the  collection  bill  would 
provide  for  this,  by  limiting  the  exportation  to  the  original 
casks  and  packages.  I  said  a  great  deal  more,  but  really 
did  not  feel  much  interest  either  way.  But  the  debates 
were  very  lengthy. 

Butl'r  flamed  away,  and  THREATENED  A  DISSOLUTION  or 
THE  UNION,  with  regard  to  his  State,  as  sure  as  God  ivas  in 
the  firmament.  He  scattered  his  remarks  over  the  whole 
impost  bill,  calling  it  partial,  oppressive.  &c.,  and  solely 
calculated  to  oppress  South  Carolina,  and  yet  ever  undanou 
declaring  how  clear  of  local  views  and  how  candid  and  dis 
passionate  he  was.  He  degenerates  into  mere  declamation. 
His  State  would  live  free,  or  die  glorious. 


Opinions  of  Jackson,  Benton,  Clay, 
and  others. 

Referring  to  the  modus  operandi  of  southern 
dieunionists,  General  JACKSON'S  recently-dis 
covered  letter  to  Rev.  A.  J.  Crawford  i,*  curious 
for  the  keenness  of  its  perceptions,  and  the 
accuracy  of  its  prediction: 

["Private."] 

WASHINGTON,  May  1,  1833. 

"Mr  DEAR  SIR  :  *  *  *  I  have  had  a  laborious  task  here, 
but  nullification  is  dead:  and  its  actors  and  courtiers  will 
only  be  remembered  by  the  people  to  be  execrated  for  their 
wicked  designs  to  sever  and  destroy  the  only  good  Govern 
ment  on  the  globe,  and  that  prosperity  and  happiness  we 
enjoy  over  every  other  portion  of  the  world.  Hainan's 
gallows  ought  to  be  the  fate  of  all  such  ambitious  men 
who  would  involve  their  country  in  civil  war.  and  all  the 
evils  in  its  train,  that  they  might  reign  and  ride  on  its 
whirlwinds  and  direct  the  storm.  The  free  people  of  these 
United  States  have  spoken,  and  consigned  these  wicked 
demagogues  to  their  proper  doom.  Take  care  of  your  null- 
ifiers  ;  you  have  them  among  you;  let  them  meet  with  tho 
indignant  frowns  of  every  man  who  loves  his  country.  The 
tariff,  it  is  now  known,  was  a  mere  pretext— its  burden 
was  on  your  coarse  woolens.  By  the  law  of  July,  1832, 
coarse  woolen  was  reduced  to  five  per  cent,  for  the  benefit 
of  the  South.  Mr.  Clay's  bill  takes  it  up  and  classes  it 
with  woolens  at  fifty  per  cent.,  reduces  it  gradually  down 
lo  twenty  per  cent.,  and  there  it  is  to  remain,  and  Mr.  Cal- 
houn  and  all  the  nullifiers  agree  to  the  principle.  The 
cash  duties  and  home  valuation  will  be  equal  to  fifteen  per 
cent,  more,  and  after  the  year  1842.  yon  pay  on  coarse 
woolens  thirty-five  per  cent.  If  this  is  not  protection,  I 
cannot  understand;  therefore  the  tariff  was  only  the  pre 
text,  and  disunion  and  a  southern  confederacy  the  real  ob 
ject.  The  nrxt  pretext  will  be  t./ie  nerrro  or  slavery  question. 

"  My  health  is  not  good,  but  is  improving  a  little.     Pre 
sent  me  kindly  to  your  lady  and  family,  and  believe  me  to 
be  your  friend.    I  will  always  be  happy  to  hear  from  you. 
"  ANDREW  JACKSON." 
389 


390 


THE    CONSPIRACY    OF    DISUNION. 


BENTON  in  his  Thirty  Years'  View,  says:  gencer  of  November  4,  1861,  mak*s  these  re~ 

Lilfi  IVfrilUir  in;nioriir:itir»ri    r\f  *l»ij    .  I. ..-..-,     ..-,.: J_A__        ,......!         - 


The  regular  inauguration  of  this  slavery  agitation  dates 
from  the  year  1835  ;  but  it  had  commenced  two  years  before, 
"nd  in  this  way:  nullification  and  disunion  had  commenced 

n    1  KQfl      .,,...,.     rtJrx»««l..:_i : -. 


marks : 


on  the  tiriff  question— that  the  sugar  i unrest  of 


' 'M   »-v    iv.. nu 

conclave  in  one  of  the  committee  r 


p  her  out— and  that  the  basis  of  southern 


union  must  be  shifted  to  the  slave  question."  Then  allthe 
papers  in  his  interest,  and  especially  the  one  at  Washing 
ton  pubhshed  by  Mr.  Duff  Green,  dropped  tariff  agitation 
and  commenced  upon  slavery,  and  in  two  years  had  the 
agitation  ripe  for  inauguration  on  the  slavery  que;tion 
And  m  tracing  this  agitation  to  its  present  stage,  and  to 
comprehend  its  rationale,  it  is  not  to  be  forgotten  that  it  is 
a  mere  continuation  of  old  tariff  disunion,  and  preferred 
because  more  available.— Thirty  Years  in  the  Senate,  vol.  2. 
Mr.  CLAY,  in  a  letter  to  an  Alabarnian  in 
1844,  (see  his  private  correspondence,  p  490  ) 
said  : 

From  the  developments  now  being  made  in  South  Caro 
lina,  it  is  perfectly  manifest  that  a  party  exists  in  that  State 
seeking  a  dissolution  of  the  Union,  and  for  that  purpose 
employ  the  pretext  of  the  rejection  of  Mr.  Tyler's  abomin 
able  treaty.  South  Carolina  being  surrounded  by  slave 
States,  would,  in  the  event  of  a  dissolution  of  the  Union 
Buffer  only  comparative  evils ;  but  it  is  otherwise  with  Ken' 
tucky.  She  has  the  boundary  of  the  Ohio  extending  ibu 
hundred  miles  on  three  free  States.  What  would  our  con 


Hon.  Nathan  Appleton,  of  Boston,  membe 
of  Congress  in  1832-3,  in  a  letter  dated  Decem 
ber  15,  1860,  said  that  when  in  Congress  h 
:'inade  up  his  mind  that  Messrs.  Calhoun 
Hayne,  McDuffie,  &c.,  were  desirous  of  a  sep 
aration  of  the  slave  States  into  a  separate  con 
federacy,  as  more  favorable  to  the  security  of 
slave  property." 

About  1835,  pome  South  Carolinians  at 
tempted  a  disunion  demonstration.  It  is  thus 
described  by  Ex  Governor  Francis  Thomas  of 
Maryland,  in  his  speech  in  Baltimore  October 
29,  1861 : 

Full  twenty  years  ago,  when  occupying  my  seat  in  the 
Eouse  of  Representatives,  I  was  surprised  one  morning! 
alter  the  assembling  of  the  House,  to  observe  that  all  the 
members  from  the  slaveholding  States  were  absent  Whilst 
reflecting  on  this  strange  occurrence,  I  was  asked  whv  I 
was  not  in  attendance  on  the  Southern  caucus  assembled 
•i  the  room  of  the  Committee  on  Claims.  I  replied  that  I 
had  received  no  invitation. 

I  then  proposed  to  go  to  the  committee  room,  to  see  what 
was  being  done.  When  I  entered  I  found  that  little  cock- 
sparrow,  Governor  Pickens  of  South  Carolina,  addressing 
the  meeting,  and  strutting  about  like  a  rooster  around  a 
barn-yard  coop,  discussing  the  following  resolution  which 
ho  was  urging  on  the  favorable  consideration  of  the  meet- 

"  Resolved,  That  no  member  of  Congress  representing  a 
Southern  constituency  shall  again  take  his  seat  until  a  re- 
of  ehver1S''>aSSed  Batisfactory  to  thc  South  on  *l»e  subject 

I  listened  to  his  language,  and  when  he  had  finished  I 
obtained  the  floor,  asking  to  be  permitted  to  take  part  in 
the  discussion.  I  determined  at  once  to  kill  the  treasona 
ble  plot  hutched  by  John  C.  Calhoun.  the  Cataline  of  Amer 
ica,  by  asking  questions.  I  said  to  Mr.  Pickeus,  "What 
next  do  you  propose  we  shall  do?  Are  we  to  tell  the  peo 
ple  that  Republicanism  is  a  failure?  If  you  are  for  that  I 
m  not.  I  came  here  to  sustain  and  uphold  American  in 
stitutions  ;  to  defend  the  rights  of  the  North  as  well  as  the 
South;  to  secure  harmony  and  good  fellowship  between  all 
sections  of  our  common  country/'  They  dared  not  answer 
these  questions.  The  southern  temper  had  not  then  been 

tten  up.  As  my  questions  were  not  answered,  I  moved 
an  adjournment  of  the  caucus  sine  die.  Mr.  Craig,  of  Vir 
ginia,  seconded  the  motion,  and  the  compuny  was  broken 
np.  VV  e  returned  to  the  House,  and  Mr.  Ingersoll,  of  Penn- 
sylyania,  a  glorious  patriot  then  as  now,  introduced  a  reso- 
itiou  which  temporarily  calmed  the  excitement. 

Respecting    this    event,  the  National  Intelli- 


go  into 

ms,  which  they  gcner- 

— j  — _, ..  ..„„  .„.  „,  mum.  i,  u  are  able  to  state  how- 
ever,  what  may  not  have  been  known  to  Governor  Thomas 
that  at  leant  three  besides  himself  of  those  who  did  attend 
it  went  there  with  a  purpose  very  different  from  an  i',Y. 
tion  to  consent  to  any  treasonable  measu-e.  These  threa 
men  were  Henry  A  Wise,  Balio  Peyton,  and  Wm.  Cost  John 
son.  N,  ithcr  of  them  opened  his  lips  in  the  caucus :  thev 
went  to  observe;  and  we  can  assure  Governor  Thomas  that  if 
Mr.  Pickons  or  Mr  Calhoun  ,  whom  he  names)  or  an  one 
else  had  presented  a  distinct  proposition  looking  to  dis 
union,  or  revolt,  or  secession,  he  would  have  witnessed  a 
scene  not  soon  to  bo  forgotten.  The  three  whom  we  hav« 
mentioned  were  as  brave  as  they  were  determined.  Fortu 
nately,  perhaps,  the  man  whom  they  went  particularly  to 
watch  remained  silent  and  passive.  " 

EARLY  HOPES  OF  THE   REBELS.* 

Mr.  LAWRENCE  M.  KEITT,  when  declaiming  in 
Charleston  in  November,  1860,  in  favor  of  the 
separate  secession  of  that  State,  used  this  lan 
guage,  as  reported  in  the  Charleston  Mercury  : 

But  we  have  been  threatened.  Mr.  Amos  Kendall  wrot« 
a  letter,  in  which  be  said  to  Col.  Orr,  that  if  the  State  went 
out,  thr,  e  hundred  thousand  volunteers  were  rea-lv  to 
march  against  her.  I  know  little  about  Kendall— and  the 
ess  the  better  He  was  u.-ider  General  Jackson  ;  but  for 
him  the  Jederal  treasury  seemed  to  have  n  mngnetic  at 
traction  Jackson  was  a  pure  man,  but  he  had  too  man? 
around  him  who  made  fortunes  far  transcend! no-  their  s  il-i 
ries.  [Applause.]  And  this  Amos  Kendall  had  the  same 
good  fortune  under  Van  Buren.  He  (Kendall)  threatened 
us  on  the  one  side,  and  John  Hickman  on  the  other  John 
Hickman  said,  defiantly,  that  if  we  went  out  of  the  Union 
eighteen  millions  of  Northern  men  would  bring  us  back* 
Let  me  tell  you,  there  are  a  million  of  Democrats  in  th* 
North,  who,  when  the  Blaok  Republicans  attempt  to  marrh 
upon  the  South,  will  be  found  a  wall  of  fire  in  tne  froiu 
[Cries  of"  that's  so!"  and  applause.] 

Recently-found  letters  in  Fredericksburg,  Vir 
ginia,  noticed  editorially  in  Harpers'  Weekly  of 
May  28,  1864,  show  that  the  South  calculated 
confidently  upon  the  defection  of  large  masses 
of  men  at  the  North.  The  Weekly,  commenting 
on  M.  F.  Maury's  letters,  says  : 

How  far  Maury  and  his  fellow-conspirators  were  justified 
m  their  hopes  of  seducing  New  Jersey  into  the  rebellion, 
nay  be  gathered  from  the  correspondence  that  took  place 
n  the  spring  of  18G1  between  Ex-Governor  Price,  of  Mew 
Jersey,  who  was  one  of  the  representatives  from  that  State 
n  the  Peace  Congress,  and  L.  W.  Burnet.  Esq.,  of  Newark 
Mr.  Price,  in  answering  the  question  what  nught  New  Jer 
sey  to  do,  says:  "I  believe  the  Southern  Confederation 
permanent  The  proceeding  has  been  taken  with  fore 
bought  and  deliberation— it  is  no  hurried  impulse,  but  an 
rrevocable  act,  bused  upon  the  sacred,  as  was  supposed 
equality  of  the  States  ;'  and  in  my  opinion  every  slave 
.state  will  in  a  short  period  of  time  be  found  united  in  one 
onfpderacy.  *  *  Before  th;t  event  happens  we  cannot 
tct.  however  much  we  may  suffer  in  our  material  interests, 
t  is  iu  that  contingency,  tncn,  that  I  answer  the  second 
part  of  your  question—'  what  position  for  New  Jersey  will 
best  accord  witli  her  interests,  honor,  an  I  the  pat.'ioiic  in 
tincts  of  her  people?'  I  say  emphatically  she  would  go 
with  the  South  from  every  wise,  prudential,  and  patriotic 


*  •  ~-     '     ~*-^-'  y     w»o<^,    jst  c*wcvitcu«,    H9VV    JrULflUi.lt. 

^o«,..  Ex  Governor  Price  proceeds  to  suy  that  he  is  con 
dent  the  States  of  Pennsylvania!  ftnd  New  York  will 
'choose  also  to  cast  their  lot  with  the  South,"  and  after 
hem  the  western  and  northwestern  States. 


*  See  page  20. 

t  January  16, 1861— A  meeting  of  Democrats  was  held  in 
ational  Hall.  Philadelphia,  Charles  Macalester  presiding, 
t  which  Robert  P.  Kano  offered  this,  among  other  re<olu- 
ons  which  were  put  to  the  meeting,  and  declared  adopted 
ind  which,  read  in  the  light  of  tliix  revelation,  appear  to 


THE    CONSPIRACY    OF    DISUNION. 


391 


LETTER  OF  EX-PRESIDENT  FRANKLIN  PIERCE  TO 
JEFFERSON  DAVIS,  OF  JANUARY  6,  1860,  FOUND 
IN  DAVIS'S  MISSISSIPPI  HOME,  WHEN  TAKEN 
B5T  OUR  TROOPS  : 

CLARENDON  HOTEL,  January  6, 1860. 
MY  DEAR  FRIEND  :  I  wrote  you  an  unsatisfactory  note  a 
day  or  two  since.  I  have  just  bad  a  pleasant  interview  with 
Mr.  Shcpley,  whose  courage  and  fidelity  are  equal  to  his 
learning  and  talents.  He  says  he  would  rather  fight  the 
battle  with  you  as  the  standard-bearer  in  I860  than  under 
the  auspiccs'of  any  other  leader.  The  feeling  and  judgment 
of  Mr.  S.  in  this  relation  is,  I  am  confident,  rapidly  gaining 
ground  in  Now  England.  Our  people  are  looking  for  "  the 
coming  man,''  one  who  is  raised  by  all  the  elements  of  his 
character  above  tho  atmosphere  ordinarily  breathed  by  pol 
iticians,  a  man  really  fitted  for  this  exigency  by  his  ability, 
courage,  broad  statesmanship,  and  patriotism.  Colonel 
Seymour  (Thos.  H.)  arrived  here  this  morning,  and  expressed 
his  views  in  this  relation  in  almost  the  identical  language 
used  by  Mr.  Shcpley.  It  is  true  that,  in  the  present  state  of 
things  at  Washington  and  throughout  the  country,  no  man 
can  predict  what  changes  two  or  three  months  may  bring 
forth.  Let  me  suggest  that,  in  the  running  debates  in  Con 
gress,  full  justice  seems  to  me  not  to  have  been  done  to  the 
Democracy  of  the  North.  I  do  not  believe  that  our  friends 
at  the  South  have  any  just  idea  of  the  state  of  feeling,  hur 
rying  at  this  moment  to  the  pitch  of  intense  exasperation, 
between  those  who  respect  their  political  obligations  and 
those  who  have  apparently  no  impelling  power  but  that 
which  fanatical  passion  on  the  subject  of  domestic  slavery 
imparts.  Without  discussing  the  question  of  right,  of  ab 
stract  power  to  secede,  I  have  never  believed  that  actual 
disruption  of  the  Union  can  occur  without  blood;  and  if, 
through  the  madness  of  northern  abolitionism,  that  dire 
calamity  must  come,  the  fighting  will  not  be  along  Mason's 
and  Dixon's  line  merely.  It  [will]  be  within  onr  own  bor 
ders,  in  our  own  streets,  between  the  two  classes  of  citizens 
to  whom  I  have  referred.  Those  who  defy  law  and  scout 
constitutional  obligations  will,  if  we  ever  reach  the  arbitra 
ment  of  arms,  find  occupation  enough  at  home.  Nothing 
but  the  state  of  Mrs.  Pierce's  health  would  induce  me  to 
leave  the  country  now,  although  it  is  quite  likely  that  my 
presence  at  borne  would  be  of  little  service.  I  have  tried  to 
impress  upon  our  people,  especially  in  New  Hampshire  and 
Connecticut,  where  the  only  elections  are  to  take  place 
during  the  coming  spring,  that  while  our  Union  meetings 
are  all  in  the  right  direction,  and  well  enough  for  the  pres 
ent,  they  will  not  be  worth  the  paper  upon  which  their 
resolutions  are  written  unless  we  can  overthrow  political 
abolitionism  at  the  polls  and  repeal  the  unconstitutional 
and  obnoxious  laws  which,  in  the  cause  of  "personal  lib 
erty,"  have  been  placed  upon  our  statute-books.  I  shall 
look  with  deep  interest,  and  not  without  hope,  for  a  decided 
change  in  this  relation. 
Ever  and  truly,  your  friend, 

FRANKLIN  PIERCE. 
Hon.  JEFF.  DAVIS, 

Washington,  D.  C. 


The  Disunion  Programme. 

From  the  National  Intelligencer  of  Friday, 
January  11,  1861 : 

The  subjoined  communication,  disclosing  the  designs  ol 
those  who  have  undertaken  to  lead  the  movement  now 
threatening  a  permanent  dissolution  of  the  Union,  conu's 
to  us  from  a  distinguished  citizen  of  the  South,*  who  for- 


disclose  a  plan  of  which  ex-Governor  Price  was  likely 
aware : 

Twelfth,  That  in  the  deliberate  judgment  of  the  Democ 
racy  of  Philadelphia,  and,  so  far  as  we  know  it,  of  Pennsyl 
vania,  the  dissolution  of  the  Union  by  the  separation  of  the 
whole  South,  a  result  we  shall  most  sincerely  lament,  maj 
release  this  Commonwealth  to  a  large  extent  from  the  bonds 
which  now  connect  her  with  the  Confederacy,  except  so  fai 
us  for  temporary  convenience  she  chooses  to  submit  to  them 
and  would  authorize  and  require  her  citizens,  through  ; 
convention,  to  be  assembled  for  that  purpose,  to  detcrmiin 
with  whom  her  lot  should  be  cast,  whether  with  the  Nortl 
and  the  East,  whose  fanaticism  has  precipitated  this  misery 
upon  us,  or  with  our  brethren  of  the  South,  whose  wrongs 
we  fci-1  as  our  own;  or  whether  Pennsylvania  should  stain 
by  herself,  as  a  distinct  com  in  unity,  ready  when  occasioi 
offers  to  bind  together  the  broken  Union,  and  resume  her 
place  of  loyalty  nail  devotion. 

*  Underst',o'.  to  be  lion.  Lemuel  D.  Evans,  Kepresonta 
tivc  fn*«,i  '>•.!••,  in  the  34th  Congress,  from  March  4,  1855 
to  Marck  3  i£o7. 


merly  represented  his  State  with  great  distinction  in  th« 
popular  branch  of  Congress.  Temporarily  sojourning  in 
;his  city  he  has  become  authentically  informed  of  the  facts 
recited  in  the  subjoined  letter,  which  he  communicates  to 
us  under  a  sense  of  duty,  and  for  the  accuracy  of  which  ho 
makes  himself  responsible.  Nothing  but  assurances  coming 
from  such  «ui  intelligent,  reliable  source  could  induce  us  to 
accept  the  authenticity  of  these  startling  statements,  which 
so  deeply  concern  not  only  the  welfare  but  the  honor  of  the 
Southern  people.  To  them  we  submit,-  without  present 
omment,  the;  programme  to  which  they  are  expected  to 
ield  their  implicit  adhesion,  without  any  scruples  of  con 
science  as  without  any  regard  to  their  own  safety. 

WASHINGTON,  January  9, 1861. 

I  charge  that  on  last  Saturday  night  a  caucus  wa*  held  in 
this  city  by  the  Southern  Secession  Senators  from  Florida, 
Georgia,  Alabama,  Mississippi,  Louisiana,  Arkansas,  and 
Texas.  It  was  then  and  there  resolved  in  effect  to  assume 
to  themselves  the  political  power  of  the  South,  and,  to  con- 
trol  all  political  and  military  operations  for  tbe  present, 
they  telegraphed  to  complete  the  plan  of  seizing  forts,  ar 
senals,  and  custom-houses,  and  advised  the  conventions  now 
in  session,  and  soon  to  assemble,  to  pass  ordinances  for  im 
mediate  secession ;  but,  in  order  to  thwart  any  operations 
of  the  Government  here,  the  Conventions  of  the  seceding 
States  are  to  retain  their  representations  in  the  Senate  and 
the  House. 

They  also  advised,  ordered,  or  directed  the  assembling  of 
a  Convention  of  delegates  from  the  seceding  States  at 
Montgomery  on  the  13th  of  February.  This  can  of  course 
only  be  done  by  the  revolutionary  Conventions  usurping 
the  powers  of  tho  people  and  sending  delegates  over  whom 
they  will  lose  all  control  in  the  establishment  of  a  Pro- 
vional  Government,  which  is  tho  plan  of  the  dictators. 

This  caucus  also  resolved  to  take  the  most  effectual  means 
to  dragoon  the  Legislatures  of  Tennessee,  Kentucky,  Mis 
souri,  Arkansas,  Texas,  and  Virginia  into  following  the  se 
ceding  States.  Maryland  is  also  to  be  influenced  by  such 
appeals  to  popular  passion  as  have  led  to  the  revolutionary 
steps  which  promise  a  conflict  with  the  State  and  Federal 
Governments  in  Texas. 

They  have  possessed  themselves  of  all  the  avenues  of  in 
formation  in  the  South— the  telegraph,  the  press,  and  the 
general  control  of  the  postmasters.  They  also  confidently 
rely  upon  detections  in  the  army  and  navy. 

The  spectacle  here  presented  is  startling  to  contemplate. 
Senators  entrusted  with  the  representative  sovereignty  of 
the  States,  and  sworn  to  support  the  Constitution  of  the 
United  States,  while  yet  acting  as  the  privy  councillors  of 
the  President,  and  anxiously  looked  to  by  their  constitu 
ents  to  effect  some  practical  plan  of  adjustment,  deliber 
ately  conceive  a  conspiracy  for  the  overthrow  of  the  Gov 
ernment  through  the  military  organizations,  the  danger 
ous  secret  order,  the  Knights  of  the  Golden  Circle,  "  Com 
mittees  of  Safety,"  Southern  leagues,  and  other  agencies 
at  their  command;  they  have  instituted  as  thorough  a 
military  and  civil  despotism  as  ever  cursed  a  maddened 
country. 

It  is  not  difficult  to  foresee  the  form  of  government  which 
a  convention  thus  hurriedly  thrown  together  at  Mont 
gomery  will  irrevocably  fasten  upon  a  deluded  and  unsus 
pecting  people.  It  must  essentially  be  ''  a  monarchy  founded 
upon  military  principles,"  or  it  cannot  endure.  Those  who 
usurp  power  nev.T  fail  to  forge  strong  chains. 

It  may  be  too  late  to  sound  the  alarm.  Nothing  may  be 
able  to  arrest  the  action  of  revolutionary  tribunals  whose 
decrees  are  principally  in  "  secret  sessions."  But  I  call 
upon  the  people  to  pause  and  reflect  before  they  are  forced 
to  surrender  every  principle  of  liberty,  or  to  fight  those 
who  are  becoming  their  masters  rather  than  their  servants, 

EATON.' 

AH  confirming  the  intelligence  furnished  by  our  inform 
ant  we  may  cite  the  following  extract  from  the  Washing 
ton  correspondence  of  yesterday's  Baltimore  Sun  : 

"  The  leaders  of  the  Southern  movement  are  consulting 
as  to  the  best  mode  of  consolidating  their  interests  into  a 
Confederacy  under  a  Provisional  Govi'iiiment.  The  plan  is 
to  make  Senator  Hunter,  of  Virginia,  Provisional  President, 
and  .Jefferson  Davis  Commander-in-Chief  of  the  army  of  de 
fence-.  Mr.  Hunter  possesses  in  a  more  eminent  degree  tho 
philosophical  characteristics  of  Jefferson  than  any  other 
statesman  now  living.  Colonel  Davis  is  a  graduate  of  West 
Point,  was  distinguished  for  gallantry  at  Buena  Vista,  and 
served  as  Secretary  of  War  under  President  Pierce,  and  is 
not  second  to  General  Scott  tn  military  science  or  courage.'' 

The  Charleston  Mercury  of  January  7,  1860, 
published  the  following  telegraphic  dispatch  : 

[From  our  own  Correspondent.] 

WASHINGTON,  Jan.  6. — The  Senators  from  those  of  the 
Southern  States  which  have  called  Conventions  of  their 


392 


THE    CONSPIRACY   OF    DISUNION. 


people  met  in  caucus  bust  night,  and  adopted  the  following 
resolutions : 

'•  Resolved,  That  we  recommend  to  our  respective  States 
immediate  secession. 

'•  Resolved,  That  we  recom  -nend  the  holding  of  a  Genera 
Convention  of  the  said  Sta  es,  to  be  holden  in  the  city  o 
Montgomery,  Alabama,  at  some  period  not  later  than  the 
loth  day  of  February,  1861." 

These  resolutions  were  telegraphed  this  evening  to  th< 
Conventions  of  Alabama,  Mississippi,  and  Florida.  A  third 
resolution  is  also  known  to  have  been  adopted,  but  it  is  01 
a  confidential  character,  not  to  be  divulged  at  present.  There 
\vas  a  good  deal  of  discussion  in  the  caucus  on  the  question 
of  whether  the  seceding  States  ought  to  continue  their  del 
egations  in  Congress  till  the  4th  of  March,  to  prevent  in 
friendly  legislation,  or  whether  the  Representatives  of  the 
seceding  States  should  all  resign  togelher,  and  leave  a  clear 
held  to  the  Opposition  to  pass  such  bills,  looking  to  coer 
cion,  as  they  may  see  fit.  It  is  believed  that  the  opinion 
that  they  should  i-emain  prevailed. 

CERTAIN  "SECRET"  DOCUMENTS. 
LETTER  FROM  U.  8.  SENATOR  YULEE  OF  FLORIDA. 

WASHINGTON,  Jan.  7,  1861. 

MY  DEAR  SIR  :  On  the  other  side  is  a  copy  of  resolutions 
adopted  at  a  consultation  of  the  Senators  from  the  secedin" 
States— in  which  Georgia,  Alabama,  Louisiana,  Arkansas 
Texas,  Mississippi,  and  Florida  were  present. 

The  idea  of  the  meeting  was  that  the  States  should  go 
out  at  once,  and  provide  for  the  early  organization  of  a 
Confederate  Government,  not  later  than  Kith  February. 
This  time  is  allowed  to  enable  Louisiana  and  Texas  to  parti 
cipate.  It  seemed  to  be  the  opinion  that  if  we  left  here  force 
loan,  and  volunteer  bills  might  be  passed,  which  would  put 
Mr.  LINCOLN  in  immediate  condition  for  hostilities ;  whereas 
by  remaining  in  our  places  until  the  4th  of  March,  it  is 
thought  we  can  keep  the  hands  of  Mr.  Buchanan  tied,  and 
'//.</',/,;  tin-  Republicans  from  effecting  any  legislation  winch 
will  strengthen  the  hands  of  the  incoming  Administration. 

The  resolutions  will  be  sent  by  the  delegation  to  the 
President  of  the  Convention.  I  have  not  been  able  to  find 
Mr.  Mallory  this  morning.  Hawkins  *  is  in  Connecticut.  I 
have  therefore  thought  it  best  to  send  you  this  copy  of  the 
resolutions. 

In  haste,  yours  truly,  D.  L.  YULEE 

JOSEPH  FINEGAN,  Esq., 

"Sovereignty  Convention,"1  Tallahasee,  Fla. 

The  following  were  the  resolutions  referred 
to: 

Resolved  1.  That  in  our  opinion  each  of  the  Southern 
btates  should,  as  soon  as  may  be,  secede  from  the  Union. 

Resolved  2.  That  provision  should  be  made  for  a  conven 
tion  to  organize  a  Confederacy  of  the  seceding  States  the 
convention  to  meet  not  later  than  the  15th  of  February  at 
the  city  of  Montgomery,  in  the  State  of  Alabama. 

Resolred,  That  in  view  of  the  hostile  legislation  that  is 
threatened  against  the  seceding  States,  anil  which  mav  be 


secession.    But  at  the  same  time  they  resolved  that  it  would 


be  imprudent  for  them 
Congress  might  pass 


penly  to  withdraw,  as  in  that  case 
force    loan,  and   volunteer   bi.ls 


consummated  before  the  4t 
whether  the  delegations  ar 


f  March,  we  ask  instructions 
to  remain  in  Congress  until 


that  date  for  the  purpose  of  defeating  such  legislation. 

Retained,  That  a  committee  be  and  are  hereby  appointed 
consisting  of  Messrs.  Davis.  Slidell,  and  Mallory  to  carry 
out  the  objects  of  this  meeting. 

The  preceding  letter  was  found  in  Fernan- 
diua,  Florida,  upon  the  capture  of  that  city  in 
the  winter  of  1862,  and  the  orginal  letter  was 
forwarded  to  the  editor  of  the  N.  Y.  Times  by 
its  correspondent  who  accompanied  the  expe 
dition.  The  Times  of  Saturday,  March  15, 
1862,  comments  on  this  development: 

The  telegraphic  columns  of  the  Times  of  January  7,  1801 
Contained  the  following  Washington  despatch  :  "The  South-' 
ern  Senators  last,  night  (Jan.  5)  held  a  conference,  and  tel 
egraphed  to  the  conventions  of  their  respective  States  to 
advise  immediate  secession."  Now,  the  present  letter  is  a 
report  by  Mr.  Yulee,  who  was  present  at  this  "consulta 
tion,"'  as  he  calls  it,  of  the  resolutions  adopted  on  this  oc 
casion,  transmitted  to  the  said  Finegan,  who,  by  the  way 
was  a  mcnrber  of  the  "  Sovereign  Convention"  ol  Florida' 
then  sitting  in  the  town  of  Tallahassee. 

It.  will  thus  bo  seen,  that  this  remarkable  letter,  which 
breathes  throughout  the  spirit  of  the  conspirator,  in  reality 
lets  us  into  one  of  the  most  important  of  the  numerous  se 
cret  conclaves  which  the  plotters  of  treason  then  held  in 
the  capital.  It  was  then,  as  it  appears,  that  they  deter 
mined  to  strike  the  blow  and  precipitate  their  States  into 


*  The  Representative  from  Florida. 


-— B 0-  -HAII,        C4l  UI.IS.f 

which  would  put  Mr.  Lincoln  in  immediate  condition  for 
hostilities."  No,  no  I  that  would  not  do.  (Somuchpatri 
otic  virtue  they  half  suspected,  half  feared  was  left  in  the 
country.)  On  the  contrary,  "by  remaining  in  our  places 
until  the  4th  of  March  it  is  thought  we  can  keep  the  hands 
of  Mr.  Buchanan  tied,  and  disable  the  Republicans  fror.i 
effecting  any  legislation  which  will  strengthen  the  hands  of 
the  incoming  Administration."  Ah!  what  a  tr.jgic  back 
ground,  full  of  things  unutterable,  is  thorn  there  ! 

It  appears,  however,  that  events  were  faster  than  they, 
and  instead  of  being  able  to  retain  their  seats  up  to  the  4t.h 
of  March,  they  were  able  to  remain  but  a  very  few  W.-<-I:H. 
Mr.  Davis  withdrew  on  the  21st  of  January— just  a  fort 
night  after  this  "consultation."  But  for  the  rest,  mark 
how  faithfully  the  programme  here  drawn  up  by  this  knot 
of  traitors  in  secret  session  was  realized.  Each  of  the 
named  States  represented  by  this  cabal  did,  '-a.ssoonaa 
may  be,  secede  from  the  Union  '"—the  Mississippi  Conven 
tion  passing  its  ordinance  on  the  heels  of  the  receipt  of 
these  resolutions,  on  the  Oth  of  January;  Florida  and  Ala 
bama  on  the  llth;  Louisiana  on  the  -JGth,  and  Texas  on  the 
1st  of  February ;  while  the  "organization  of  the  Confede 
rate  Government"  took  place  at  the  very  time  appointed 
Davis  being  inaugurated  on  the  18th  of  February. 

And  here  is  another  plot  of  the  traitors  brought  to  light. 
These  very  men.  on  withdrawing  from  the  Senate,  urged 
that  they  were  doing  so  in  obedience  to  the  command  of 
their  respective  States.  As  Mr.  Davis  put  it,  iu  his  parting 
speech,  "the  ordinance  of  .secession  having  passed  the 
Convention  of  his  State,  he  felt  obliged  to  obey  the  sum 
mons,  and  retire  from  all  official  connection  with  the  Fed 
eral  Government."  This  letter  of  Mr.  Yu  Ice's  clearly  re 
veals  that  they  had  themselves  pushed  their  State  Conven 
tions  to  the  adoption  of  the  very  measure  which  they  had 
the  hardihood  to  put  forward  as  an  imperious  "summons" 
which  they  could  not  disobey.  It  is  thus  that  treason  did 
"ts  work. 

Mr.  James  L.  Pugh,  member  of  Congress  from 
Alabama,  in  a  letter,  Nov.  24,  1860 — "made 
public  his  reasons  for  going  to  Washington,  " 
and  taking  his  seat  in  Congress.  He  says : 
'  The  sole  object  of  my  visit  is  to  promote  the 
:ause  of  secession." 


Douglas's  Farewell  Words. 

IN  CHICAGO  May  1,  1861. 

The  election  of  Mr.  Lincoln  is  a  mere  pretext.  The  pres 
ent  secession  movemoHt  is  the  result  of  an  enormous  con- 
piracy  formed  more  than  a  year  since  —  formed  by  leaders 
in  the  Southern  Confederacy  more  than  twelve  months  ago. 
They  use  the  slavery  question  as  a  means  to  aid  the  accom 
plishment  of  their  ends.  They  desired  the  election  of  a 
northern  candidate  by  a  sectional  vote,  in  order  to  show  that 
the  two  sections  cannot  live  together.  When  the  history  of 

' 


the  two  years  from  the   Lcco 
Presidential  election  shall 


pton  question  down  to  'the 
itten,  it  will  be  shown  that 


the  scheme  was  deliberately  made  to  break  up  this  Union. 

They  desired  a  northern   Republican  to  be  elected   by  a 

urely  northern  vote,  and  then  assign  this  fact  as  a  re;iso» 

liy  the  sections  cannot  live  together.     If  tin-disunion  can- 

idate  in  the  late   Presidential  contest  had  carried  the  uni- 

ed  South,  their  scheme  was.  the  northern  candidate  suc- 

essful,  to  sei/.e  the  Capital  last  spring,  and   by  a  united 

South  and  divided  North,  hold  it.     Their  scheme  was  de 

feated,  in  the  defeat  of  the  disunion  candidates  in  several 

of  the  southern  States. 

But  this  is  no  time  for  a  detail  of  causes.  The  conspiracy 
is  now  known;  armies  have  been  raised,  war  is  levied  to  ac 
complish  it.  There  are  only  two  sides  to  the  question.  Kvery 
man  must  be  for  the  United  States  or  against  it.  There  can 
bo  no  neutrals  in  this  war;  only  patriots  or  traitors!  (Cheer 
after  cheer.) 

The  Conspiracy  in  Maryland. 
On  page  152,  the  arrest  of  Marshal  Kane* 


*  Marshal  Kane,  on  his  way  to  burn  the  bridges  on  the 
railroads  to  Philadelphia  and  to  Harrisburg,  sent  this  tele 
gram  for  troops : 

MARSHAL  KANE'S  DESPATCH  TO  BRADLEY  T.  JOHNSOX,  op 

FREDERICK. 

BALTIMORE,  April  19.  1861. 

Thank  you  for  your  offer  ;  bring  your  men  in  by  tho  first 
train,  and  we  will  arrange  with  the  railroad  afterwards. 


THE    CONSPIRACY    OF    DISUNION. 


39:3 


and  the  Board  of  Police  of  Baltimore  in  June 
1861,  by  General  Banks,  is  noticed.     After  thei 
arrest,  the  minutes  of  their  proceedings  during 
the  "  reign  of  terror  "  in  Baltimore  were  found 
from  which  these  interesting  extracts  are  taken 

EXTRACTS  FROM  THK  "  MINUTES  "  OF  THE  POLICE  COMMISSION 
ERS  OF  BALTIMORE,  AND  FROM  THEIR  LETTER  BOOK;  FOUND 
IN  THKIR  OFFICE  AFTER  THEIR  ARREST  BY  GENERAL  BANKS. 

1861,  April  19th,  20th.  and  21st— No  entry. 
April  22d — After  debate,  ft f solved.  That  notice  be  imme 
diately  given  of  election  for  Legislature  on  Wednesday  24th 
April,  and  the  sheriff  be  requested  to  unite  in   giving  the 
necessary  oall  therefor. 

The  Board  declared  itself  to  be  in  permanence.  D.J 
Foley  &  Bros.'  powder  purchased,  and  the  disposition  of  the 
same  and  all  other  powder  to  be  purchased  committed  to 
Col.  Isaac  Trimble.*  Henry  Thompson.  Esq.,  appointed 
Quartermaster  General,  to  act  under  the  Mayor.f 

Order  passed  to  prevent  the  transportation  of  provisions 
without  special  permission.  Colonel  Trimble  appointed  to 
enforce  the  order. 

Charles  Pitts  J  appeared  and  offered  200  to  300  negroes  to 
perform  any  service  which  the  authorities  may  call  on  them 
to  do.  The  Mayor  returns  thanks,  and  assures  them  they 
shall  be  called  on  when  any  occasion  arises  when  their  ser 
vices  can  be  availed  of. 

Colernan  Yellott  \  authorized  to  charter  a  steamer  to  sum 
mon  the  members  of  the  State  Legislature. 

Unnecessary  parades  forbidden  in  the  streets. 
Ef tract  frfun  a  note  from  Col.   Trimble  to  Howard,  Presi 
dent  of  the  Board,  found  among  the  papers  : 
"The  display  of  military  will   be  a  sorry  one  as  to  the 
strength  of  the  military  of  the  city,  and   calculated  to  dis 
hearten  our  own   citizens,  and  if  represented  abroad  will 
rather  invite  and  encourage  attempts  from  the  north  to  defy 
us  and  pass  through  the  city,  whereas  without  this  display 
many  will  think  that  the  military  force  of  the  city  is  much 
stronger  than  it  really  is." 

Order  passed  authorizing  Col.  Trimble  to  permit  steam 
boats  to  leave  for  the  eastern  shore,  to  and  below  the  Sassa 
fras  river,  upon  condition  that  in  going  and  returning  they 
shall  not  stop  at  Annapolis. 
April  23.  TJ.  S.  Snip  ALLEGHANY, 

BALTIMORE,  April  23, 1861. 
CHARLES  HOWARD,  Esq.,  President  of  the  Board  of  Police. 

SIR  :  Having  occasion  to  employ  a  stenmtug  in  the  service 
of  the  United  States,  I  have  to  request  that  you  will  author 
ize  me  to  use  one  this  day  in  the  harbor  of  Baltimore  and 
the  adjacent  waters. 

I  am,  respectfully, 

WM.  W.  HUNTER,  Com.  U.  S.  N. 
Respectfully  declined. 

Communication  from  Col.  Trimble  in  regard  to  the  re 
moval  of  the  Alleghany.  Answer  given  through  Charles 
Wethered,  that  the  matter  was  attended  to,  and  the  removal 
forbidden. 

Mr.  Zenas  Barnum  called  in  regard  to  repairing  the  tele 
graph  wires  on  the  road  to  Philadelphia;  no  action  deter 
mined  on.  Mr.  Barnum  was  informed  that  no  coiumunica- 
'ions  can  pass  over  the  wires  for  Washington,  whether  for  the 
War  Department  or  citizens,  without  being  subjected  to  the 
inspection  of  the  police  board. 

Commissary  Lee  applied  for  permission  to  convey  pro 
visions  into  Fort  Mcllenry.  He  was  informed  of  the  impos 
sibility  of  ensuring  him  protection  in  carrying  provisions 
to  the  fort  during  the  present  excitement  of  public  feeling. 
Application  received  from  Mr.  Clarke,  Superintendent  of 
the  Northern  Central  Railroad,  for  permission  to  rebuild 
the  bridges  [which  had  been  destroyed  by  Kane  on  the  night 
of  the  19thJ  at  Melville  and  the  Relay,  House.  This  was 
refused. 


Streets  red  with  Maryland  blood!  Send  expresses  over  the 
mountains  and  valleys  of  Maryland  and  Virginia  for  the 
riflemen  to  come  without  delay.  Fresh  hordes  will  be  down 
on  us  to-morrow,  (the  20th.)  We  will  fight  them  or  die. 

GEO.  P.  KANE. 

This  was  posted  in  Frederick,  with  a  placard  as  follows, 
signed  by  Br.  dlev  T.  Johnson: 

All  men  who  will  go  with  me  will  report  themselves  as  soon 
as  possible;  providing  themselves  with  such  arms  and  ac 
coutrements  as  they  can.  Double  barrelled  shot  guns  and 
buck-shot  are  efficient.  They  will  assemble  after  reporting 
themselves  at  10%  oVloc'.c  .so  as  to  go  down  in  the  1 1  ^train. 

*No\v  Major  General  in  rebel  service,  and  a  prisoner  in 
our  hands,  captured  at  Gettysburg. 

t  The  Mayor  was  one  of  the  Board. 

J.  Elected  to  the  Legislature  at  the  election  of  24th  April. 

§  Member  of  the  State  Senate. 


Application  by  Messrs.  Tucker  [British  subjects]  to  com 
plete  the  loading  of  the  Queen  Victoria,  [British.]  In  reply 
were  informed  that  instructions  would  be  given  to  I'ol. 
Trimble  to  permit  the  Queen  Victoria  to  depart  with  her 
present  loading,  but  that  no  other  articles  prohibited  to  be 
removed  from  the  city  can  be  permitted  to  be  shipped  on 
board  the  vessel.  American  vessels  partly  laden  Khali  not 
depart  without  furthor  and  distinct  action  being  taken  \,y 
the  board. 

The  following  were  loose  papers  accompanying  the 
"  minutes"  but  not  recorded : 

1.  Despatch  by  Morsel  line,  dated 

"  HARPER'S  FERRY,  1861. 
Received  Baltimore  22, 1861." 
To  POLICE  COMMISSIONERS  : 

I  want  to  communicate.    What  have  you  to  say  ? 
KENTON  HARPER, 
[Rebel]    Cwnmaniling. 

2.  Baltimore  and  Ohio  Railroad  Telegram,  dated 

HARPER'S  FERRY,  April  22,  1861. 
Received  11  o'clock,  8  min.,  A.  M. 
To  W.  H.  GATCHELL,  Police  Commissioner  : 
Very  satisfactory  interview  here  with  General  Harper. 
C.  J.  M.  GWINN. 

3.  Memorandum  in  pencil — omited  in  the  '•  minutes :" 

APRIL  23,  1861 . 

"Telegraphed  General  Harper,  Harper's  Ferry,  to  the 
effect,  that  the  town  is  quiet,  expressing  thank's  for  hid 
communication,  and  promising  to  let  him  know  when  any 
exigency  requiring  it  shall  arise;  mentioning  that  Gwinn 
had  been  seen  by  us." 

Gwinn  reported  •'  six  thousand  men  ready  to  come  down." 

4.  Another  memorandum : 

"Gwinn  asserts  that  six  thousand  troops  are  at  Hanger's 
Ferry." 

APRIL  25.* 

•  All  police  officers  and  others  in  the  employ  of  the  Board, 
and  all  other  parties  whatsoever,  are  requested  to  offer  no 
obstruction  to  the  running  of  the  trains."  (i.  e..  to  Wash 
ington.) 

In  a  letter  to  John  Garrett,  Esq.,  Col.  Trimble  directed 
to  allow  and 
of  powder  to 
Company  in  Virginia. 

Restrictions  on  the  export  of  provisions,  breadstuffs  and 
bituminous  coal,  removed. 

Propositions  to  repair  the  telegraphic  lines  to  Cockeys- 
ville,  and  also  to  Havre  de  Grace  and  Belair,  were  declined. 

Appointment  made  with  Col.  Trimble  and  Gen.  Thomp 
son  by  the  Mayor  and  Board,  for  6  p.  m..  to  consider  and 
determine  certain  matters  in  reference  to  the  disbursement 
of  moneys  under  the  ordinance,  appropriating  $500,000. 

Col.  Huger  furnished  plans  and  specifications  for  a  bomb 
proof. 

Letter  from  General  Stewart  f  found  among  the  papers  : 

April  22, 1861. 

"My  DEAR  HOWARD  :  I  will  endeavor  to  put  on  dntv  the 
s-ame  company  of  cavalry  that  was  ordered  out  last  night,  t 
:  know  not  what  to  think  of  the  rumors  from  Annapolis  • 
but  if  the  Massachusetts  troops  are  on  the  march  from  that 
•lace  to  Washington,  I  shall  be  in  motion  very  early  to- 
norrow  morning  to  pay  my  respects  to  them,  of  courso 
naking  arrangements  for  an  adequate  force  being  here  in 
Tiy  absence." 

LETTER  FROM  THE  SECRETARY   OF  THE  MAYOR   TO  THE  PRESIDENT 
OF  POIJCE   BOARD. 

MAYOR'S  OFFICE,  April  23, 1861. 
CHARLES  HOWARD,  Esq. : 

DEAR  SIR  :  A  messenger  from  Virginia  called  to  inform 
he  Mayor  that  Senator  Mason  will  be  in  the  city  either  on 
o-morrow  evening  or  the  next  day,  and  wishes  an  inter 
view  with  Governor  Pratt,  Hon.  Robert  McLean  and  J 
Mason  Campbell.  Respectfully, 

D.  H.  BLANCHARD, 

Secretary. 

April  26 — Colonel  Kane  reports  that  the  powder  purchased 

?y  Colonel  Trimble's  orders,  and  stored  in  a  church  in  the 

west  end,  has  been  ordered  to  be  transferred  to  Vicker'a 

louse. 

Negroes  said  to  be  offering  northern  notes  (!)    General 


grant  facility  for  the  transportation  of  40  kegs 
>  be  used  by  the  Baltimore  and  Ohio  Railroad 


*  The  day  after  the  election  for  members  of  House  of 
Delegates,  when  but  9,000  votes  were  cast,  of  the  30,000  in 
Baltimore. 

t  Stowart  was  Major  General  of  the  5th  Division  Maryland 
nilitia;  is  now  in  the  rebel  service  and  our  prisoner"  hav- 
•ig  been  captured  in  one  of  the  battles  of  the  Wilderness. 

JTo  take  Fort  McHenry. 


394 


THE    CONSPIRACY    OF    DISUNION. 


Ing  reports  •*  evolving  cannon*  in  William  Wilkens  &  Go's, 
wan-house.  Hut  Colonel  linger  and  Rons  Winaire  do  not 
approve  of  3>.'«h  batteries. 

Application  made  for  permission  to  repair  telegraph  lines 
to  Havre  de  Grace.  Granted;  it  being  understood  that  the 
board  shall  hive  cognizance  of  all  communications  made  !>\ 
the  American  Telegraph  Company.  (Letter  Book,/o/tV>  97.) 

Certain  directors  of  the  Philadelphia,  Wilmington,  and 
Baltimore  railroad  [O'Donnell,  Pratt,  Cohen,  arid  T.  Donel- 
son]  ask  for  tl.e  privilege  of  reconstructing  the  bridges  and 
repairing  the  rails  upon  their  road,  [destroyed  by  Marshal 
Kane.]  The.1  assumed  that  a  promise  could  be  had  by  them 
from  the  Gei  eral  Government  not  to  ask  for  the  passage  of 
troops  over  <  oe  road.  Answer  given  that  they  should  first 
learn  what  <  mo  would  be  required  for  repairing  the  road, 
and  what  as,  ura  nee  they  could  get  from  the  Government  that 
troops  shalJ  not  seek  that  means  of  transportation,  and  then 
that  t/te  ap]  ^cation  for  pymission  to  rebuild  Hie  road  shall 
be  renewed  o  the  board. 

Prohibit  >n  to  remove  flour  and  breadstuff's  re-enacted.f 

April  27   1861— Full  Hoard  and  Mayor. 

Resigna  Ion  of  David  Daneker  and  William  T.  Butler,  of 
the  police  rorce,  received. 

DANEKER'S  LETTER. 

TO  THE  B-  .ARD  OF  POLICE: 

GKNTS  I  hereby  tender  my  resignation  as  a  member  of 
the  poire  force  of  Baltimore.  As  an  American  citizen  I 
cannot  condescend  to  pull  down  the  American  flag. 

DAVID  DANEKER,!  IGth  April.  - 

Colonel  Trimble  instructed  to  allow  shipments  of  bread- 
stuffs,  A t.,  in  limited  quantities,  within  the  State  ;  must 
use  his  discretion  :  "  Keep  a  list  of  parties  shipping  the  ar 
ticles,  and  quantities,  and  make  daily  reports." 

Gene  al  Stewart  appeared  and  stated  that  he  had  infor 
mation  of  2,000  stand  of  arms  having  arrived  at  Camden 
Station ,  ( Baltimore  and  Ohio  railroad,)  which  he  claimed  as 
officer  -fthe  State. 

Repl  y,   Letter  Book,  page  111 :) 

"  A  gentleman  representing  the  house  of  W.  T.  Walters 
&  Co.,  has  just  called.  Their  house  has  bill  of  lading  for  the 
arms,  and  desires  to  hand  them  over  to  the  police  depot 
solely  for  safe-keeping." 

April  28th— General  Stewart  notifies  the  Board  that  2,000 
guns  were  yesterday  morning  at  Harper's  Ferry,  awaiting 
his  orders,  and  that  he  had  given  directions  for  them  to  be 
forwarded  to  his  orders. 

LETTER  FROM  GENERAL  STEWART  TO  THE  BOARD. 

HEADQUARTERS,  1st  LIGHT  DIVISION,  M.  V. 

BALTIMORE,  '2d  May,  1861. 
To  the  BOARD  OP  POLICE  OF  THE  CITY  OF  BALTIMORE  : 

G;CNTS  :  I  have  the  pleasure  to  lay  before  you  the  official 
disjatches  of  Governor  Letcher,  of  24th  April,  addressed  to 
me  and  several  other  communications  between  myself  and 
Major  General  Kenton  Harper,  commanding  at  Harper's 
Fer.'y,  as  well  as  Brigadier  General  Cocke,  commanding  at 
Alexandria,  all  showing  that  the  -\000  flint  lock  guns  fur- 
nit  led  by  the  State  of  Virginia  are  for  the  use  of  Maryland, 
an.l  are  destined  to  be  delivered  to  my  ordor. 

Understanding  that  2,000  of  these  arms,  which  arrived  two 
01  three  days  ago  from  Harper's  Ferry,  consigned  to  Mr. 
W.  T.  Walters,  (but  contrary  to  the  instructions  of  Major 
General  Harper,  as  he  ansures  me  in  a  dispatch,)  are  now  in 
a  warehouse  at  the  corner  of  Second  and  Gay  streets,  occn- 
|"ed  by  your  Board  or  by  the  city  authorities,  I,  as  the  offi- 
c  ?r  of  the  State  of  Maryland,  commanding  here,  and  agent 
cf  the  Stat",  to  whom  the  arms  were  destined,  require  that, 
the  whole  be  delivered  to  my  order,  it  being  understood 
that  I  assume  the  responsibility  of  receiving  those  arms  on 
uccount  of  the  State  of  Maryland.  You  are  aware  that  upon 
upecial  application  to  me  on  behalf  of  the  companies  of  Cal- 
vert  county,  I  agreed  to  delivery  of  120  of  those  arms." 

Extract,  from  the  reply  nftli".  Commissioners  (C.  Howard)  to 

General  Mewart — same  date. 

"  And  you  having  alro  understood  that  a  <rentleman  now 
in  Frederick  has  full  power  to  control  or  alter  the  destina 
tion  of  them,  we  were  unwilling  to  exercise  any  authority 
over  them.  I  showed  you  a  copy  of  my  letter  to  that  gen 
tleman  from  whom  /  have  yet  no  reply." 


*  This  was  afterwards  captured  en  route  for  Harper's 
Ferry. 

t  The  argiipj'jn',  of  the  rebels  then  was  that  otherwise 
Government  would  suddenly  buy  up  and  remove  all  the  sup 
plies. 

J  I*  had  been  determined  to  suppress  the  American  flag, 
and  v,Lf  military  had  been  put  in  array  to  put  this  through  ; 
iri^e  >)»  ,?rr7iom  Stewart  to  Howard,  26th  April,  and  the 
rrjpV t  XT'jho  Board  in  Letter  Book. 


Letter  referred  to,  Letter  Book,  page  116,  to  Senator  M*- 
fon,  dated  April  80,  1861. 

MY  DEAR  SIR:  Since  I  had  the  pleasure  of  seeing  you  I 
have  had  a  good  deal  of  annoyance  in  consequence  of  the 
irregular  manner  in  which  some  of  our  townsmen  obtained 
in  your  State  some  arms.  I  do  not  question  their  motives, 
but  it  was  unfortunate  that  we  had  no  information  of  what 
had  been  done  by  them  until  we  learned  it  from  you.  Can 
you  inform  me  whether  these  arms  mentioned  by  General 
Harper  are  a  part  of  the  original  quantity  mentioned  by 
you,  and  of  which  I  understand  you  have  full  power  to  con 
trol  the  destination? 

If  so,  do  you  desire  General  Stewart,  as  a  military  officer 
of  the  State,  to  receive  them  for  its  use  t 

(Signed)  CHARLES  HOWARD. 

GOVERNOR  LETCHER'S  LETTER  TO  GENERAL  STEWART. 

DEAR  SIR  :  I  called  this  morning  to  see  you,  having  re 
ceived  a  dispatch  from  J.  S.  Harbour,  Esq.,  Alexandria,  giv 
ing  information  respecting  matters  in  Baltimore.  I  hav» 
issued  an  order  to  General  Harper  to  send  1,000  stand  oi 
arms  to  General  Stewart.  Stirring  times  in  your  State. 
Truly,  JOHN  LETCHER. 

THE  ORDINANCE  APPROPRIATING  $500.000. 

This  ordinance  (No.  22)  was  approved  April 
20,  1861,  and  a  portion  of  the  niom-y  expended. 
The  following  report,  made  April  4th,  1862, 
shows  how  : 

The  Joint  Select  Committee,  to  whom  was  referred  the 
resolution  for  the  appointment  of  a  committee  "  to  examine 
and  dispose  of  all  papers  and  vouchers  relating  to  the  ex 
penditure  of  money  under  the  provisions  of  the  ordinance 
for  the  preservation  of  the  peace  of  the  city,  approved 
April  20th,  1861,  to  inquire  and  report  what  has  become  of 
the  articles  then  purchased  and  in  whose  possession  they 
now  are,  and  also  what  disposition  shall  be  made  of  the  bal 
ance  of  the  funds  now  in  the  city  treasury,"  have  discharged 
the  duty  imposed  upon  them,  and  submit  to  the  CouuciU 
the  following  report,  with  accompanying  resolutions: 

The  duties  imposed  upon  the  committee  were  three-fold; 
first,  to  examine  and  dispose  of  all  papers  and  vouchers  re 
lating  to  the  expenditure  of  money,  under  the  provision* 
of  the  ordinance  specified  ;  secondly,  to  inquire  and  report 
what  has  become  of  the  articles  thus  purchased,  and  in 
whose  possession  they  now  arc ;  and  thirdly,  to  decide  what 
disposition  shall  be  made  of  the  balance  of  the  funds  now 
in  the  city  treasury. 

On  the  first  head,  your  committee  have  to  report  that  no 
"  papers ''  have  come  under  their  cognizance,  except  a  note 
addressed  by  Col.  Henry  A.  Thompson  to  the  Mayor,  which 
accompanied  a  statement  of  his  agency,  in  the  capacity  of 
Quartermaster  General,  in  the  disbursement  of  $o8,0(JO  of 
the  money  in  question,  and  in  which  he  claims  to  have 
saved  a  considerable  sum  for  the  city  treasury,  by  efforts  to 
prevent  lavish  expenditure,  and  by  annulling  numerous 
contracts  and  returning  ninny  articles  already  delivered. 

Your  committee  regard  it  as  a  cause  of  profound  rei.r  •!. 
that  such  an  agency  had  not  been  earlier  in  action;  but  it 
is  due  to  the  gentleman  referred  to,  to  say,  that  he  appears 
to  have  performed  the  difficult  duties  confided  to  him, 
with  fidelity  and  discretion.  Acknowledgments  are  also 
due  to  Col.  Thompson,  for  a  courteous  note,  tendering  an y 
assistance  in  his  power,  in  the  examination  of  the  "vouch 
ers,''  so  far  as  his  agency  w;is  concerned :  but  no  occasion 
has  arisen  for  making  use  of  the  proffered  aid. 

The  "vouchers,"  as  placed  in  the  hands  of  your  commit 
tee  by  the  city  Register,  have  been  carefully  examined,  and 
found  to  be  in  due  form,  authenticated  by  the  parties  hav 
ing  control  of  affairs  at  that  period,  and  accounting  for  the 
expenditure  of  the  gross  amount  reported,  allowing  for 
interest  and  the  balance  on  hand.  Each  account  has  been 
singly  inspected,  the  objects  of  expenditure  have  been 
classified,  and  present  the  results  stated  below. 

Having  served  the  purposes  of  your  committee  in  afford 
ing  the  points  of  information  it  was  necessary  to  obtain, 
no  other  disposition  of  them  seems  necessary  than  to  re 
store  them  to  the  custody  of  the  city  officer,  in  whose 
charge  they  properly  belong,  as  vouchers  for  disbursements 
under  the  ordinance. 

The  labors  of  your  committee  under  the  second  head  of 
instructions,  "to  inquire  and  report  what  has  become  of 
the  articles  then  purchased,  and  in  whose  possession  they 
now  are,"  have  resulted  in  the  following  classified  summary 
of  expenditures  for  different  objects: 


SUMMARY. 


Arms,  ammunition,  Ac  .................................... 

Blankets,  mattresses,  &C  ................................. 

Surgical  instruments  and  medicines. 

Marine  and  navy   (embracing  hire   and  altera 

tions  of  steamers,  and  wages  of  men)  ............       5,461  31 


THE    CONSPIRACY    OF    DISUNION. 


395 


Carpenters,  bricklayers,  materials,  &<. $2,568  05 

Rations 9,014  39 

Pay  of  officers  and  men 7,73030 

Horse  and  back  hire,  and  hauling  arms 3,472  86 

Advertising,  stationery,  &c 234  78 

Rout  of  armories  and  repairs 1,748  02 

Workmen"  on  parks,  by  resolution,  approved 

June  11,1861 8,50819 

Poor  Association,  for  use  of  indigent  widows, 

sewing  women,  £c 2.000  00 

Interest.  5,775  56 

Cash  in  Bank 24,576  86 


Total 


$99,096  00 


From  the  above  summary  it  will  be  seen  that  the  expend 
itures  for  ''Arms  and  ammunition"  reached  the  largo 
amount  of  nearly  $25,000.  The  articles  purchased  include 
fixtures  for  cannon,  carbines,  rifles,  muskets,  pistols,  swords, 
spears,  drums,  canister  and  grape  shot,  bullets,  lead,  pow 
der,  cartridges,  caps  and  other  kindred  materials,  the  pre 
cise  number  and  quantities  of  which,  as  nearly  as  could  be 
ascertained,  are  given  in  the  two  following  schedules: 

1,217  carbines,  from  F.  W.  Bennett. 
407  Hall's  patent  rifles,  from  Benson  &  Buck. 
80  carbines,  from  Benson  &  Buck. 

6  cutlasses,  from  Benson  &  Buck. 

12  gun  carriages,  from  A.  &  W.  Benmead  &  Son. 
3^285  iron  spears,  from  A.  &  W.  Benmead  &  Son. 

2  muskets,  from  Levi  Cromwell. 
16  pistols,  from  Wm.  Harris. 

302  pikes,  from  Hay  ward,  Bartlett  &  Co. 
£3  guns,  from  T.  Foy. 
9  pistols,  from  Merrill,  Thomas  &  Co. 

12  flasks,  from  Merrill,  Thomas  &  Co. 
4  ship  pistols,  from  Levi  Cromwell. 
1  sword,  from  Canfield,  Bro.  &  Co. 

414  pikes,  from  George  Page  &  Co. 

7  revolvers,  from  C.  Schumaker. 

3  drums,  from  —  Eisenbrandt. 

AMMUNITION. 

—  —  Ibs.  powder,  (value  $4,526)  from  Foley  &  Bro. 
8,194  Ibs.  canister  shot,  from  A.  W.  Benmead  &  Son. 

119   "    musket  balls,    "      Levi  Cromwell. 
21,000  caps,  from  Cugle  &  Co. 

1  keg  rifle  powder,  from  F.  Bevlin. 

2  bags  balls,  from  F.  Bevlin. 
2,000  caps,  from  F.  Bevlin. 

4,958  Ibs.  lead,  from  Baltimore  Water  Board. 
200  blank  cartridges,  from  Green  &  Yoe. 
2  boxes  caps,  from  Green  &  Yoe. 
1  bag  shot,  from  Green  &  Yoe. 

113  yards  flannel,  for  cartridges,  from 

10,000  ball  cartridges,  from  Wm.  Harris. 
10,860  do  do  do 

800  do  do    Hoffman. 

do  do    Poultney  &  Trimble. 

429  cylinders  for  6-pound  guns,  from  0.  II.  Cromwell. 

86  Ibs.  antimony,  for  balls,  from  Regester  &  Webb. 
102  Ibs.  tin,  for  balls',  do  do 

102,000  caps,  from  Merrill,  Thomas  &  Co.  * 

13  bags  and  14  Ibs.  balls,  from  Merchants'  Shot  Tower. 
3,031  cartridges,  from  Merrill,  Thomas  &  Co. 

8  boxes  cartridges,  from  Merrill,  Thomas  &  Co. 
30,000  caps,  do  do 

349  Ibs.  of  lead,  from  John  Rodgers. 
7,740  Ibs.  cannon  balls,  from  Benson  &  Buck. 
473  cylinders,  do  do 

54  Ibs.  match  rope       do  do 

The  expenditures  for  "  Blankets,  Mattresses,  &c.,"  were 
$2,825  57 ;  and  the  articles  purchased  were  as  follows: 

BLANKETS,  MATTRESSES,  ETC. 

445  blankets,  from  Whitely,  Stone  &  Co.,  and  others. 

540  straps,        do  do  do  do 

425  flannel  shirts,  from  John  II.  Rea,  and  others. 

22f)  mattresses,  from  C.S.  Frey&  Co.,  A.  Pollack,  and  others. 

240  pillows,        do  do  do  do 

400  caps,  from  White  &  Rosenberg. 

1  desk,  10  chairs,  1  washstand,  by  S.  S.  Lee. 

For  "  Surgical  Instruments,  <tc.,"  the  expenditures,  con 
sidering  the  formidable  nature  of  the  preparations,  offensive 
and  defensive,  were  moderate,  reaching  only  the  sum  of 
$99  37  ;  and  of  this  amount  a  portion  is  for  damage  to  in 
struments  returned.  The  list  of  these  articles  is  here  given  : 

SURGICAL  INSTRUMENTS  AND  MEDICINES. 

3  tourniquets,  ordered  by  Br.  Robinson. 
6  ternaculums,    do  do 

2  bullet  forceps,  do 

Sponge*,  Wadding,  Muslin,  Spirits,  &c. 

Having  thus  ascertained  what  articles  had  been  pur 
chased,  your  committee  pi  acceded  "to  inquire  what  has 


I  become  of  them,  and  in  whose  possession  they  now  are." 
I  This  investigation  was  attended  with  considerable  difficulty, 
owing  to  the  various  changes  which  have  taken  place  since- 
|  the  period  o{J  the  purchases ;  the  abdication  of  the  former 
1  Police  Commissioners,  the  absence  of  the  Mayor,  the  substi 
tution  of  the  United  States  Provost  Marshal  and  bis  police 
force,  and  the  sei/ure,  by  way  of  precaution,  by  the  United 
|  States,  of  arms  and  military  materials  stored  in  different 
|  parts  of  the  city.    Many  articles  and  equipments  have  un- 
i  doubted! y  disappeared ;  but  your  committee  are  enabled  to 
|  present  the  following  list  of  arms  and  other  articles,  fur 
nished  by  Mr.  James  L.  McPhail,  Deputy  Provost  Marshal, 
which  will  account  for  a  portion  of  the  articles.    Identifi- 
i  cation  of  those  purchased  was,  of  course,  impossible : 
38  rifles,  found  at  the  old  City  Hall. 
3  single  barrel  shot  guns. 

1  double    do  do 
27  single      do  do 

2  double    do  do 
2  rifles. 

49  Hall's  carbines. 
7  U.  S.        do 
2  Hall's  rifles. 
1  percussion  musket. 

1  ship  gun. 

2  six  pound  field  pieces,  mounted. 
2  field  pieces,  complete. 

20  rounds  of  canister  shot. 
26    do  grape        do 

]/•,  tons  do  do 

1  lot  of  24  and  32  Ib.  shot. 

10  mattresses. 
33  pillows. 

37  blankets. 
6  sheets. 

25  pillow-cases. 
5  beds. 

9  doz.  boxes  Hicks's  hat  caps. 

Of  the  above  articles,  (your  committee  are  informed  by 
Mr.  McPhail,)  the  beds  and  bedding  were  distributed  to  the 
several  station-houses,  they  having  been  found,  on  taking 
possession,  to  be  generally  destitute  of  such  articles,  and 
those  found  being  in  bad  repair  and  very  dirty.  Beside* 
the  bedding  thus  appropriated,  a  considerable  number  of 
mattresses,  some  tin  ware,  &c.,  were  transferred,  with  the 
approbation  of  the  mayor,  to  the  warden  of  the  jail,  for  use 
at  that  institution,  where  they  were  much  needed.  A  por 
tion  of  the  arms  purchased  by  the  parties  who  had  control 
of  affairs  during  the  period  of  the  "crisis  "  are  still  at  Fort 
McHenry,  where  they  were  placed  after  seizure  by  the  Uni 
ted  States  authorities.  According  to  a  return  made  to  the 
!  mayor  on  the  12th  of  August,  1861,  by  Samuel  W.  Boweu, 
Captain  of  the  Middle  Bistrict  Station,  the  following  anna, 
taken  by  order  of  General  Butler  from  the  corner  of  Gay 
and  Second  streets,  were  then  at  Fort  McHenry : 

58  boxes,  marked  "  Va.  muskets,"  20  in  each  box 1,160 

15      "  "  "    Armory,  do.  300 

40  Hall's  carbines,  20  in  each  box  and  141  loose 941 

!  Hall's  rifles,  74    "    334 

46  Minie  muskets,  percussion  locks 46- 

38  old  muskets,  flint  locks 38 

23    "         "        percussion. 23. 

27  new      "         flint 

50  Yager  rifles 50 

2,919 

1  box  accoutrements. 
115  boxes  pikes. 

Of  the  above,  issues  to  a  considerable  extent  have  been 
made  by  the  United  States  authorities,  and  some  have  been 
returned  to  Benson  &  Buck.  Your  committee  are  obliged 
to  Beputy  Marshal  McPail  for  the  following  statement  of 
arms  at  present  to  be  found  at  Fort  McIIenry : 
60  boxes  of  pikes,  containing  60  each. 

11  "          carbines. 
300  carbines. 

5  guns,  7  carriages,  13  rammers. 

It  is  understood  that  these  articles,  and  such  others  be 
longing  to  the  city  as  may  be  found  in  possession,  will  be 
restored  by  the  Government  of  the  United  States  as  soon  as 
their  restoration  is  deemed  compatible  with  a  proper  regard 
for  its  own  protection. 

A  few  words  more  are  necessary,  in  explanation  of  the 
remaining  items  of  the  summary. 

Of  the  amount  charged  to  the  " Marine  and  Navy,"  the 
principal  portion  is  made  up  of  sums  expended  on  the  hire 
and  alterations  of  steam-tugs  Hercules  and  Tiger,  charge* 
for  use  of  the  Potomac,  George's  Creek,  and  other  steamers 
amounting  to  $1,500  53,  and  $55  paid  for  the  purchase  of  a 
boat  and  oars.  The  balance  was  principally  expended  in 
the  payment  of  officers  and  "  harbor  police."  The  only  ar 
ticles  known  to  be  remaining  from  this  department  are  a 


THE    CONSPIRACY   OF    DISUNION. 


boat  and  oars,  said  to  Lave  been  loft  In  the  care  of  John 
Henderson,  Esq.,  and  two  spy-glasses  in  the  possession  of 
the  city  register. 

In  the  charges  for  "  carpenters,  bricklayefs,  materials," 
Ac.,  is  included  a  considerable  sum,  say  about  $1,250,  for 
reconstruction  of  the  bridge  at  Canton.  Considerable  quan 
tities  of  bricks  and  lumber  are  also  included,  mostly  used  in 
the  erection  or  repair  of  a  "powder-house,"  of  the  locality 
of  which  your  Committee  are  not  informed.  Wherever  situ 
ated,  if  not  retained  in  use,  the  second-hand  materials  may 
bo  of  some  value  to  the  city. 

The  payments  for  "  rations,'' ':  pay-rolls,"  "  horse  and  hack 
hire,"  "  hauling,"  "  armories,"  "  advertising,"  &c.,  amount 
ing  in  the  aggregate  to  $23,100  35.  represent  so  much  outlay, 
from  which  the  city  reaps  no  tangible  return. 

The  amounts  of  $8,518  19  for  "workmen  on  parks,"  and 
$2,000  for  "indigent  widows,  sewing-women,"  <&c.,  were 
withdrawn  from  the  fund  by  special  resolutions  of  the  coun 
cil  and  expended  for  the  benevolent  purposes  designated. 

The  charge  lor  "interest,"  is  a  necessary  result  of  tlie 
loan,  authorized  by  the  ordinance  of  April  20th,  1801. 

The  remaining  item  is  the  "  cash  in  bank" — and  this 
brings  your  committee  to  the  third  and  last  clause  of  the 
duties  assigned  them,  viz:  "to  decide  what  disposition 
shall  be  made  of  the  remaining  funds  now  in  the  City 
Treasury." 

On  this  point  your  committee  are  unanimously  of  the 
opinion  that  the  balance  should  be  returned,  pro  rata,  to 
the  several  banks  from  which  the  whole  amount  was  bor 
rowed,  thus  canceling  so  much  of  the  city's  indebtedness, 
and  stopping  the  payment  or  accumulation  of  interest. 

In  accordance  with  which  statements  and  views,  your 
committee  respectfully  recommend  the  adoption  of  the  fol 
lowing  resolutions  : 

S.  F.  STREETER, 
WM.  SULLIVAN, 
JOHN  DUKEHART, 

First  Branch. 
JOSEPH  ROBB, 
WM.  SWINDELL, 
ASA  HIGGINS, 

Second  Branch. 

Resolved,  By  both  Branches  of  the  City  Council  of  Balti- 
timore,  that  the  papers  and  vouchers  relating  to  expendi 
tures  under  Ordinance  No.  22,  approved  April  20th,  1861, 
be  restored  to  the  custody  of  the  City  Register. 

Resolved  furthermore.  That  the  Mayor  be  and  is  hereby 
authorized  and  requested  to  have  collected,  at  the  earliest 
possible  moment,  the  arms  and  military  materials  belong 
ing  to  the  city,  in  the  custody  of  the  U.S.  Marshal,  or  else 
where,  and,  reserving  such  as.  in  his  judgment,  may  be 
necessary  for  public  use,  to  dispose  of  the  balance,  and 
placo  the  proceeds  in  the  City  Treasury. 

Resolved,  By  the  Mayor  and  City  Council  of  Baltimore, 
that  the  Register  be  and  he  is  hereby  authorized  and  di 
rected  to  repay,  pro  rata,  to  the  several  banks,  the  balance 
remaining  on  hand  from  the  sum  borrowed  of  thorn,  under 
authority  of  ordinance  No.  22,  approved  April  20th,  1861, 
"  to  appropriate  $500,000,  or  so  much  thereof  as  may  bo 
necessary  for  the  defence  of  the  city  against  any  danger 
that  may  arise  out  of  the  present  crisis." 

These  resolutions  passed  both  branches. 

THE  LEGISLATURE  CONFIRMED  THE  LOAN. 

The  Legislature  of  Maryland  passed  the  bill, 
reported  by  Mr.  Wallis  from  the  Special  Com 
mittee  consisting  of  the  Baltimore  city  delega 
tion,  "  to  ratify  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  appropriating 
$500,000  for  the  u^e  of  the  city." 

April  27,  18Gl,(the  second  day  of  the  session,) 
this  bill,  under  a  suspension  of  the  rules,  passed 
the  House  of  Delegates  —  yeas  58,  nay  1,  as 
follows  : 

YEAS— Messrs.  E.  G.  Kil bourn,  Speaker,  Clarke  J.  Durant, 
George  II.  Morgan,  Philip  F.  Basin,  Albert  Medders,  James 
T.  Briscoe,  Benjamin  Parran,  Bernard  Compton,  F.  B.  F. 
Burgess,  Thos.  C.  Worthington,  Kobt.  M.  Denison,  Leonard 
J.  Quinliin,  T.  W.  Renshaw,  J.  Laurence  Jones,  Alex.  Chap 
lain,  James  II.  Dennis,  Edward  Long,  John  R.  Keene,  Wrn. 
Ilolliiucl,  John  R.  Brown,  James  W.  Maxwell,  E.  P.  Bryan, 
Richard  Wooten,  Ethan  A.  Jones,  Win.  II.  Legg,  William  L. 
Starkoy,  Curtis  W.  Jacobs,  George  W.  Landing,  Stephen  P. 
Dennis,  Andrew  Kessler,  jr.,  Thomas  J.  Clasrgett,  John  A. 
Johnson,  William  E.  Salmon,  Henry  Straiighn,  G.  W. 
Goldsborough,  John  C.  Bruno,  Henry  M.  Wurneld,  Charles 
II.  Pitts,  William  G.  Harrison,  J.  Hanson  Thomas,  S.  Teakle 
Wallis,  T.  Parkin  Scott,  Koss  Winans,  II.  M.  Morn' t,  Lau 


rence  Sangston,  Joshua  Wilson,  William  F.  Bayless.  Rich 
ard  M'Coy,  James  Coudy,  Martin  Eakle.  John  C.  Brining, 
Howard  Griffith,  Josiah  II.  Gordon,  W.  R.  Barnard,  David 
Hoop  of  A.,  John  W.  Gorsuch,  Bernard  Mills,  William  Tur 
ner— 58. 
NATS— Mr.  William  T.  Lawson— 1. 

Same  day,  the  bill  passed  the  Senate — yeas 
16,  nays  none,  as  follows  : 

YEAS— Messrs.  John  B.  Brooke,  Thomas  J.  M'Kaig.  John 
E.  Smith, Coleman  Ycllott,  John  S.  Watkins,  Teagle  Towns- 
end,  Stephen  J.  Bradley,  James  F.  Daohiell,  II.  II.  Golds- 
borough,  Charles  F.  Goldsborough,  Daniel  C.  Blackistone, 
Franklin  Whitaker,  Tilghman  Nuttle,  Anthony  Kiniinel, 
Oscar  Miles,  Washington  Duvall— 16. 

$500,000   MORE. 
IN  HOUSE  OP  DELEGATES. 

May  9 — The  House  passed  —  yeas  56,  nays 
none,  a  bill  giving  authority  to  the  Mayor  and 
City  Council  of  Baltimore,  to  issue  certificates 
of  debt  to  any  amount  not  exceeding  $500,000, 
in  addition  to  the  amount  authorized  to  be 
issued  by  section  939  of  the  fourth  article  of 
the  code  of  public  laws. 

May  10 — It  passed  the  Senate — yeas  16,  nays 


INDEFINITE  AUTHORITY  TO  RAISE  MONEY. 

April  27 — Mr.  Wallis,  from  the  Special  Com 
mittee  of  the  Baltimore  city  delegation,  report 
ed  a  bill  "to  add  to  the  fourth  article  of  the  code 
of  public  local  laws  the  following  sections,  em 
powering  the  Mayor  and  City  Council  of  Balti 
more  to  raise  and  appropriate  money  for  the 
defence  of  the  said  city  ;"  which  was  passed — 
yeas  58,  nays  none. 

Same  day,  it  passed  the  Senate — yeas  16, 
nays  none,  as  on  the  previous  bill. 

ACTS  OF  INDEMNITY. 

IN  THE  HOUSE  OF  DELEGATES. 

May  4 — Mr.  Pitts,  from  Special  Committee, 
reported  a  bill,  entitled  "an  act  to  relieve  the 
Mayor  and  Board  of  Police  of  the  city  of  Balti 
more,  and  all  persons  who  acted  under  the  or 
ders  of  the  Mnyor  ot-  of  the  Board  of  Police  of 
Baltimore  city,  in  their  efforts  to  maintain  peace 
and  good  order  and  prevent  further  strife,  on 
and  after  the  occurrences1  of  the  19th  April, 
1861,  in  said*  city  from  prosecution  in  conse 
quence  of  their  acts  of  obedience  to  said  or 
der." 

Pending  the  bill  — 

May  5 — Mr.  Pitts  offered  these  amendments; 
which  were  adopted : 

That  no  prosecuting  attorney  nor  any  officer  in  anv  court 
in  this  State,  shall  be  «nti.led  to  charge  or  receive  any  com- 
pensation  or  cost  in  any  prosecution  which  has  been  or  may 
be  instituted  against  any  person  for  whose  relief  the  act  ia 
intended. 

That  this  act  may  be  given  as  evidence  under  the  general 
issue. 

And  the  bill  passed — yeas  43,  nays  none,  as 
follows : 

YEAS— Messrs.  Kilbourn,  Sp'r,  Durant,  Morgan,  Rasin, 
Medders,  Briscoe,  Parran,  Burgms,  Ford,  Denison,  Re:ishaw, 
Chaplain,  Long,  Lawsou,  Maxwell,  \Vottcn,  Lauding,  Den 
nis  of  Wor.,  Routzahn,  Johnson,  Naill,  Stnuighn,  Golds- 
borough.  Warficld,  Bruno,  Winm:s,  Pitts,  Harrison,  Thom 
as,  Wallis.  Sangston,  Morfit,  Scott,  Wilson  of  Il.ir.,  Bayless, 
Coudy,  Eakle,  Brining,  Stake,  Barnard,  Roop,  Mills,  Brown, 
—43. 

May  8 — Under  the  suspension  of  the  rules, 
the  bill  passed — yeas  17,  nays  2,  (Kimmel  and 
Stone.) 

June  20— Mr.  MILLS,  from  the  Mil  tary  Com 
mittee,  reported  a  bill  entitled  an  act  to  repeal 


THE    CONSPIRACY    OF    DISUNION. 


397 


iections  41,  42,43,46,  47,  48,  and  112,  of  article 
LXI1I,  of  the  Code  of  Public  General  Laws,  arid 
sections  741,  742,  745,  of  article  IV,  of  the  Code 
of  Local  Laws  of  this  State,  in  relation  to  the 
uniformed  and  un uniformed  militia  and  v-  lun- 
teer  force  in  the  several  counties  of  this  State, 
and  in  the  city  of  Baltimore  and  the  reclama 
tion,  custody,  control,  and  redelivcry  of  arms 
heretofore  delivered  to  the  officers  and  men 
xmder  theui  ;  and  to  add  to  the  said  article 
LXV  of  the  Code  of  Public  General  Laws  a  sec 
tion  providing  for  the  prevention  and  suspen 
sion  of  proceedings  upon  bonds  heretofore  given 
under  the  laws  of  this  State  for  the  return  of 
such  arms  ;  which  was  agreed  to — yeas  40  ; 
nays  12. 

The  nays  were  Messrs.  Medders,  Keene,  Mc- 
Intive,  Routzahn,  Naill,  Wilson,  M'Coy,  Fiery, 
Stake,  McCleary,  Roop,  Gorsuch — 12. 

IN  SENATK. 

June  22 — The  bill  passed — yeas  12,  nays 
none. 

PROTEST  AGAINST  THE  WAR,  AND  RECOGNITION  OF 
REBEL  INDEPENDENCE  DEMANDED. 

IN  HOUSE  OF  DELEGATES. 

May  9 — Mr.  WALLIS,  from  the  Committee  on 
Federal  Relations,  reported  these  resolutions  : 

Whereas,  iu  the  judgment  of  the  General  Assembly  of 
Maryland,  the  war  now  waged  by  the  Government  of  the 
United  States  upon  the  people  of  the  Coni'ederato  States  is 
unconstitutional  in  its  origin,  purposes  and  conduct;  repug 
nant  to  civilization  and  sound  policy ;  subversive  of  the 
free  principles  upon  which  the  Federal  Union  was  founded, 
and  certain  to  result  in  the  hopeless  and  bloody  overthrow 
of  our  existing  institutions;  and  whereas,  the  people  of 
Maryland,  while  recognizing  the  obligations  of  their  State, 
as  a  member  of  the  Union,  to  submit  in  good  faith  to  the 
exercise  of  all  the  legal  and  constitutional  powers  of  the 
General  Government,  and  join  as  one  man  in  lighting  its 
authorized  battles,  do  reverence  nevertheless,  the  great 
American  principle  of  self-government  and  sympathize 
deeply  with  their  Southern  brethren  in  the  noble  and  manly 
determination  to  uphold  and  defend  the  same ;  and  whereas 
not  merely  on  their  own  account,  turn  away  from  their  own 
soil  the  calamities  of  civil  war,  but  for  the  blessed  sake  of 
humanity,  and  to  arrest  the  wanton  shedding  of  fraternal 
blood,  in  a  miserable  contest  which  can  bring  nothing  with 
it  but  sorrow,  shame,  and  desolation,  the  people  of  Mary 
land  are  enlisted  with  thftir  whole  hearts,  upon  the  side  of 
reconciliation  and  peace ;  Now  therefore,  it  is  hereby 

Rtsclvcd  by  the  General  Assembly  of  Maryland,  That  the 
State  of  Maryland  owes  it  to  her  own  self-respect  and  her 
respect  for  the  Constitution,  not  less  than  to  her  deepest 
and  most  honorable  sympathies,  to  register  this,  her  solemn 
protest,  against  the  war  which  the  Federal  Government  has 
declared  upon  the  Confederate  States  of  the  South,  and  our 
sister  and  neighbor  Virginia,  and  to  announce  her  resolute 
determination  to  have  no  part  or  lot,  directly  or  indirectly, 
iii  its  prosecution. 

2.  That  the  State  of  Maryland  earnestly  and  anxiously 
desires  tho  restoration  of  peace  between  the  belligerent 
sections  of  tho  country ;  and  tho  President,  authorities  and 
people  of  the  Confederate  States  having  over  and  over  offi 
cially  and  unofficially,  declared,  that  they  seek  only  peace 
and  self-defence  and  to  bo  let  alone,  and  that  they  are  will 
ing  to  throw  down  tho  sword,  the  instant  tho  sword  now 
drawn  against  them  shall  be  sheathed,  the  Senators  and 
Delegates  of  Maryland  do  fervently  beseech  and  implore 
the   President  of  tho   United   States,   to  accept  the  olive 
branch  which  is  thus  held  out  to  him,  and  in  the  name  of 
Godandof  humanity,  to  cease  this  unholy  and  most  wretched 
and  unprofitable  strife,  at  least  until  the  assembling  of  the 
Congress  at  Washington  shall  have  given  time  for  the  prev 
alence  of  cooler  and  better  counsels. 

3.  That  tho  State  of  Maryland  desires  the  peaceful  and 
immediate  recognition  of  the  independence  of  the  Confed 
erate  States,  and  hereby  gives  her  cordial  consent  thereunto 
as  a  member  of  the  Union — entertaining  the  profound  con 
viction  that  the  willing  return  of  the  Southern  people  to 
their  former  federal  relations  is  a  thing  beyond  hope,  and 
that  the  attempt  to  coerce  them  will  only  add  slaughter 
and  hate  to  impossibility. 

4.  That  the  present  military  occupation  of  Maryland, 


being  for  purposes  which,  in  the  opinion  of  this  Legislature, 
a.oin  flagrant  violation  of  the  Constitution,  the  General 
Assembly  of  the  State,  in  the  name  of  her  people,  doe* 
hereby  protest  against  tho  same,  against  the  arbitrary  re 
strictions  and  illegalities  with  which  it  is  attended,  calling 
.ipon  all  good  citizens  at  the  same  time,  in  tho  most  carm-st 
md  authoritative  manner,  to  abstain  from  all  violent  and 
inlawfiil  interference  of  every  sort,  with  tho  troops  h> 
transit  through  our  territory  or  quartered  among  us,  and 
patiently  and  peacefully  to  leave  to  time  and  reason  the 
ultimate  .°.ml  certain  re-establishment  and  vindication  rt 
the  right. 

5.  lhat  under  existing  circumstances  it  is  inexpedient  tc 
call  a  Sovereign  Convention  of  the  State  at  this  time,  or  to. 
take  any  measures  for  the  immediate  organization  for  arm 
ing  of  the  militia. 

G.  That  when  the  Legislature  adjourn,  it  adjourn  to  meet 

at ,  on  tho day  of next. 

The  report  was  accepted,  and  10,000  copies 
ordered  to  be  printed — yeas  50,  n-.'ys  11 

May  10 — They  were  consid'  red,  aud  Mr. 
McCleary  moved  these  as  a  substitute  : 

Whereas?,  it  is  right  and  proper,  that  the  Gen  *-al  Assem 
bly  of  -Maryland  should  give  such  expression  of  opinion  as 
will  call  forth  the  united  voice  of  the  whole  people  of  Mary 
land  in  the  present  emergency  ;  and  the  border  States,  with 
the  exception  of  Maryland,  have  already,  through  their 
legislatures  or  conventions,  defined  their  positions  and 
course  of  action  :  Therefore  be  it 

Resolved  by  the  General  Assembly  of  Maryland,  The  prrs- 
sent  position  of  Maryland  in  the  Union,  is  that  of  strict  •  cn- 
trality,  and  will  remain  unchanged  so  long  as  Washington 
continues  the  seat  of  Government:  Provided,  the  United 
States  affords  ample  protection  to  slaves  and  other  property. 

Resolved,  That  when  the  seat  of  the  United  States  Gov 
ernment  ceases  to  bo  at  Washington,  and  a  division  of  the 
country  takes  place,  the  people  shall  have  the  free  right  and 
choice  of  deciding  which  section  they  will  be  attached  to, 
by  a  free  expression  and  decision  of  the  popular  will  at  the 
ballot-box. 

Which  were  rejected — yeas  13,  nays  43,  as 
follows  : 

YEAS— Messrs.  Medders.  Lawson,  Keene,  Miller,  Jonathan 
Routzahn,  Salmon,  Naill,  Joshua  Wilson  of  Ilar'd,  BayK-ss. 
McCoy,  Stake,  Lavid  W.  McCleary,  Gonuch— 13. 

NAYS — Messrs.  Kilbourn,  Sp'r.,  Morgan,  Rasin,  Briscoe, 
Comptou,  Ford,  Jacobs,  Landing,  Dennis  of  Wor'r,  Kcssler, 
Claggett,  Johnson ,  Sangstoo,  Morfit,  Scott,  Coudy,  Eakle, 
Brining,  Denison,  Quinlan,  Renshaw,  Chaplain,  Holland, 
Bryan,  Jones  of  P.  G's,  Legg,  Starkey,  Goldsborough,  War- 
field,  Brune,  Winans,  Pitts,  Harrison,  Thomas,  Vv'allis, 
Fiery,  Griffith,  Harding,  Gordon,  Barnard,  Mills,  Turner, 
Brown— 43. 

The  blank  in  the  resolutions  reported,  was 
then  filled  by  "Frederick,"  and  "Tuesday,  the 
4th  day  of  June,  at  one  o'clock,  p.  m." 

And  the  resolutions  were  then  adopted — yeas 
45,  nays  12,  as  follows: 

YEAS — Messrs.  Kilbourn,  Speaker,  Morgan,  Rasin,  Briscoe, 
Co»ipton,  Ford,  Worthington,  Denison,  Quinlan,  Renshaw, 
Jones  of  Talbot,  Chaplain,  Holland,  Bryan,  Wootten,  Legg, 
Jones  of  Prince  Georges,  Starkey,  Jacobs,  Landing,  Dennis 
of  Worcester.  Kessler,  Johnson,  Salmon,  Goldsborough, 
Wai-field,  Brune,  Winans,  Pitts,  Harrison,  Thomas,  Wallis. 
Sangston,  Morfit,  Scott,  Coudy,  Eakle,  Brining,  Griffith, 
Harding,  Gordon,  Barnard,  Mills,  Turner,  Brown — 45. 

NAYS — Messrs.  Medders,  Lawson,  Keene,  Routzahn,  Nail, 
Wilson  of  Harford,  Bay  less,  McCoy,  Fiery,  Stake,  McCleary, 
Gorsuch— 12. 

IN  SENATE. 

May  14 — The  committee  recommended  certain 
amendments  ;  when  these  votes  were  taken  : 

The  first  resolution  was  adopted — yeas  11, 
nays  3,  as  follows  : 

YEAS— Messrs.  John  B.  Brooke,  President,  Wash.  Duvall, 
Thos.  Franklin,  J.  F.  Gardiner,  John  J.  Heckart.  Andrew  A. 
Lynch,  Thomas  J.  McKaig,  Teaglc  Townsend,  John  S.  Wat- 
kins,  Franklin  Whitaker,  Coleman  Yellott— 11. 

NAYS— Messrs.  II.  II.  Goldsborough,  Antbnay  Kimmel, 
John  G.  Stone— 3. 

The  second  resolution  was  adopted — yeas  14, 
(being  all  the  above-named.) 

The  fifth  resolution  received  all  the  above 
votes,  and  the  third  and  fourt h  passed — yeas  11, 
nays  3,  as  the  first. 


398 


THE    CONSPIRACY   OF   DISUNION. 


The  amendment  of  the  committee,  substitut 
ing  the  following  for  the  sixth  : 

That  a  committee  bo  appointed  to  consist  of  four  mem 
bers  of  the  Senate  and  four  members  of  the  House  of  Dele 
gates,  four  of  which  committee,  (to  be  selected  of  them 
selves,)  shall  us  ea.ly  as  possible,  wait  on  the  President  o 
the  United  States  at  Washington,  and  the  other  four  of  sai 
committee  shtfll  wait  on  the  President  of  the  Souther] 
•Confederacy,  for  the  purpose  of  laying  the  foregoing  rose 
uitiyns  before  them,  and  that  said  committee  be  and  i 
nereby  especially  instructed  to  obtain,  if  possible,  a  genera 
cessation  of  hostilities,  now  impending,  until  the  rneetiu) 
Congress  in  July  next,  in  order  that  said  body  may,  i 
possible,  arrange  for  an  adjustment  of  existing  troubles  bi 
means  of  negotiation,  rather  than  the  sword. 

Resolved,  That  said  committee  consist  of  Messrs.  Brooke 
Yellott,  McKaig,  and  Lynch,  of  the  Senate,  and  Messrs 
> : fmd ,  of  the  House  of  Delegates. 

Resolved,  That  said  committee  be  requested  to  report  i 
practicable,  to  the  General  Assembly,  on  the  5th  day  o 
June  next. 

Passed— yeas  11,  nays  3,  as  before  ;  and  the 
resolutions,  as  amended,  were  then  adopted  by 
fhe  same  vote. 

May  14— The  House  filled  the  blanks  with 
the  names  of  Harding,  Morgan,  Compton,  and 
Ooldsborough,  and  passed  the  resolution — yeas 
24,  nays  18,  as  follows  : 

YEAS— Messrs.  Kilbourn,  (Speaker,)  Morgan,  Ford,  Quin- 
Jan,  Rcnshaw,  Jones  of  Talbot,  Chaplain,  Jones  of  P.  G. 
fctai-key,  Kessler,  Straughn,  Goldsborough,  Warfield  Brune' 
I?1.™™'  Pitts'  Harrison,  Thomas,  Wallis,  Sangston,  Scott' 
Griffith,  Harding,  Turner— 24. 

NAYS  — Messrs.  Welch,  Worthington,  Denison,  Keene, 
Holland,  Maxwell,  Landing,  Claggett,  Routzahn,  Johnson, 
Brow"  —  fit)  Fiery'  Barnard>  McCleary,  Roop,  Mills, 

RECOGNITION  AGAIN  DEMANDED. 

June  10 — The  House  passed  resolutions  pre 
viously  offered  by  Mr.  Chaplain,  after  having 
amended  them  to  read  as  follows  : 

Resolved  by  the  General  Assembly  of  Maryland.,  That  the 
Representatives  of  the  State  of  Maryland  in  the  Congress  of 
the  United  States  at  the  approaching  extra  session  of  that 
legislative  body  be,  and  they  are  hereby,  earnestly  desired 
and  requested  to  urge  and  vote  for  an  immediate  recognition 
t  the  independence  of  the  government  of  the  Confederate 
tetates  of  America. 

Resolved,  That  the  Speaker  of  the  House  of  Delegates  and 
the  President  of  the  Senate,  together,  forward  to  Hon 
James  Alfred  Pearce  and  Hon.  Anthony  Kennedy  the 
Representatives  of  the  sovereign  State  of  Maryland  in  the 
Senate  of  the  United  States,  a  copy  of  the  report  of  the 
Committee  on  Federal  Relations  and  the  accompanying 
resolutions,  together  with  these  resolutions. 

Yeas  31,  nays  22,  as  follows  : 

YEAS— Messrs.  Kilbourn,  Speaker,  Durant,  Morgan,  Rasin, 
tt  elch,  Bnscoe,  Parran,  Compton,  Jones  of  Talbot,  Chap- 
la:!),  Holland,  Maxwell,  Bryan,  Wootten,  Legg  Starkey 
Landing,  Kessler,  Goldsborough,  Warfield,  Brune,  Winana 
Harrison,  Thomas,  Wallis,  Sangston,  Morfit,  Scott,  Griffith 
Gordon,  Mills— 31. 

NAYS— Messrs.  Medders,  Ford,  Denison,  Quinlan,  Ren- 
shaw,  Dennis  of  Somerset,  Stanford,  Lawson,  Mclntirc  Mil- 
]<-r,  Routzalm,  Johnson,  Salmon.  Naill,  Straughn,  Wilson, 
Bayless,  McCoy,  Fiery,  Brining,  McCleary,  Gorsuch— 22. 

IN  SENATE. 

June  22 — The  Senate  passed  these  resolutions 
— yeas  9,  nays  3,  as  follows  : 

YEAS— Messrs.  Brooke,  President,  Blakistone,  Dashiell, 
Franklin,  Gardiner,  McKaig,  Towusend,  Watkins,  Whita- 
ker— 9. 

NAYS— Messrs.  Duvall,  lleckart,  Lynch— 3. 

TUB  "PUBLIC  SAFETY"  BILL. 

^     IN  SENATE. 

May  2 — It  was  taken  up — yeas  14,  nays  8,  aa 
follows : 

YEAS— Messrs.  Brooke,  President:  Blackistone,  Duvall, 
DashieU,  Franklin,  Grahame,  Gardiner,  Herkart,  Lynch, 
McKaig,  Townsend,  Watkins.  Whitaker,  Yellott— 14.  ' 

NAYS— Messrs.  Bradley,  Goldsborough  of  Talbot  Golds- 


borough  of  Dorchester,  Kimmel,  Miles,  Nuttle,  Smith,  StoM 

Mr.  Goldsborough  of  Talbot  moved  to  amend 
so  as  to  give  the  power  of  appointment  of  the 
commissioners  provided  for  to  the  Governor, 
one  from  each  of  the  gubernatorial  districts  ; 
rejected — yeas  6,  nays  12. 

A  motion  to  recommit  was  lost — yeas  10,  nays 

Motions  to  adjourn,  recommit,  change  the 
names  of  the  commissioners,  were  made  and 
lost. 

May  3— Mr.  Goldsborough  of  Talbot  moved 
to  give  the  people,  on  the  13th  of  June,  the 
election  of  three  commissioners,  one  from  each 
gubernatorial  district,  which  was  lost — yeas  8, 
nays  13,  as  follows  : 

YEAS— Messrs.  Bradley,  Grahame,  Goldsborough  of  Talbot 
Goldsborough  of  Dorchester,  Kimmel,  Nuttle,  Smith  Ston« 
— 8. 

NAYS— Messrs.  Brooke,  President;  Blackistone,  Duvall 
Dashiell,  Franklin,  Gardiner,  Heckart,  Lynch,  Miles  Town- 
send,  Watkins,  Whitaker,  Yellott— 13. 

A  like  motion,  for  six  commissioners,  was 
lost — yeas  8,  nays  12. 

On  the  section  respecting  disbursements  of 
money,  Mr.  Goldsborough  of  Talbot  moved 
this  proviso  : 

Provided,  That  the  same  shall  not  extend  to  the  exercise 
of  any  powers  for  the  disbursement  of  any  moneys  that  may 
be  hereafter  appropriated  for  the  arming  of  the  military 
forces  of  this  State  and  for  the  formation  of  any  alliance 
offensive  or  defensive,  with  any  other  State  in  this  Con 
federacy. 

Which  was  rejected— yeas  8,  nays  12,  as  fol- 
ows: 

YEAS— Messrs.  Bradley,  Grahame,  Goldsborough  of  Talbot 
Kimmel,  Miles,  Nuttle,  Smith,  Stone— 8. 

NAYS— Messrs.  Brooke,  President;  Blackistone,  Duvall 
Dashiell,  Franklin,  Gardiner,  Heckart,  Lynch,  Towusend. 
Watkins,  Whitaker,  Yellott— 12. 

Mr.  STONE  offered  an  additional  section : 
That  no  member  of  the  board  shall  act  as  such,  until  he 
las  taken  the  same  oath  as  is  now  administered  to  the 
members  of  the  Legislature. 

Which  was  rejected — yeas  7,  nays  12,  as  fol- 
3ws  : 

YEAS— Messrs.  Bradley,  Grahame,  Goldsborou"-h  of  Tal- 
ot,  Kimmel,  Yuttle,  Smith,  Stone— 7. 

NAYS— Messrs.  Brooke,  President:  Blackistone,  Duvall, 
3ashicll,  Franklin,  Gardiner,  Heckart,  Lvnch,  Townsend, 
Vatkins,  Whitaker,  Yellott— 12. 

At  this  stage,  and  after  a  most  obstinate  con- 
est,  the  bill  was  abandoned  by  its  friends,  and 
Maryland  was  spared  a  bloody  baptism. 

Votes  on  Secession  Ordinances*  in 
South  Carolina,  Florida,  and  Ar 
kansas. 

In  South  Carolina,  it  passed  unanimously  : 

YEAS — Messrs.  James  II.  Adorns,  Robert  T.  Allison,  David 
.  Appleby,  Samuil  Taylor  Atkinson,  Lewis  Malonp  Ayer, 
r.,  R.  W.  Barnwell,  A.  I.  Barron,  Donald  Rowe  Barton, 
homas  W.  Beaty,  A.  W  Brthrn,  K.  St.  P.  Bel  linger,  Simp- 
>n  Hobo,  Peter  P.  Bonneau,  J.  J.  Brabhaiii.  Alexander 

.Brown,  C.  P.  Brown,  -Ino.  Buchanan,  A.  W.  litirm-tt, 
'illiam  Cain.  John  Alfred  Calhoun,  Joseph  Caldwell,  W. 
..Campbell,  Mt-yriek  E.  Cam.  James  II.  Carlisle,  Jamt-s 
arsons  Carroll,  il.  I.  Caughnmn,  W.  C.  Cautlu-n,  El  gar  W 
harles,  James  Chesnut,  Jr  ,  Langdon  Chcvcs.  Kphraim  M 
lark,  II.  W.  Conner,  K.  L.  Crawford,  William  Curtis,  A 

Darby,  Julius  A.  Dargan,  R.  J.  Da  van  t,  Henry  Campbell 

vis,  W.  F.  DeSanvoro,  Rio-hard  Do  Treville.  Anthony  W. 
ozier,  Perry  E.  Duncan,  Benjamin  Fanueil  Dunkin,  A  Q. 
unovant,  R,  G.M.Dunovant,  Daniel  DuPre,  W.  K.  Kosley, 


*  For  Vote  on  Virginia  Ordinance,  see  note,  page  7  ;  and 
u  Tennessee  League,  note,  page  5. 


THE    CONSPIRACY    OF    DISUNION. 


399 


William  J.  Ellis,  Thomas  Reese  English,  Sr.,  Chesley  D. 
Evans,  Simeon  Fair,  W.  Peronneau  Finley,  Daniel  Flud,  Alex 
ander  M.  Forster,  B  B.  Foster,  John  E.  Frampton,  James  C. 
Furman,  Jas.  M.  Gadberry,  H.  W.  Garlin^ton,  John  C.  Geiger, 
Win.  II.  Gist.  Thos  Worth  Glover,  E.  W.  Goodwin,  Robert 
N.  Gourdin,  T.  L.  Gourdin,  H.  D.  Green,  Maxcy  Gregg,  Wil 
liam  Gregg,  William  8.  Grisham,  Andrew  J.  Hammond, 
Thomas  M.  Hanckel,  William  W.  Harlee,  James  Harrison, 
Isaac  W.  Huyue,  E.  R.  Henderson,  John  H.  Honour,  Wil 
liam  Hopkins,  William  Hunter,  W.  Ferguson  Hut-sou,  John 
A  Inglis,  John  J.  Ingram,  Stephen  Jackson,  James  Jeff- 
eries,  John  Jenkins,  Joseph  E.  Jenkins,  William  D.  John 
son,  Lawrence  M.  Keitt,  Joseph  Urevard  Kershaw,  Bonja- 
min  F.  Kilgorp,  John  P.  Kinnard,  John  II.  Kinsler,  John 
G.  Landrum,  Benjamin  W.  Lawton,  Andrew  F.  Lewis,  R.  C. 
Logan,  William  Strother  Lylns,  Edward  McCrady,  Henry 
Mclver,  John  McKee,  Alexander  MnLeod,  A.  G.  Magrath, 
Gabriel  Manigault,  John  L.  Manning,  Benjamin  Franklin 
Mauldin,  John  Maxwell,  Alexander  Mazyck,  John  Hugh 
Means.  C.  G.  Memmingor,  John  Izard  Middleton,  William 
Middleton,  William  Porcher  Miles,  Thomas  W.  Moore,  Rob 
ert  Moorman ,  Matthew  P.  Moyes,  Edward  Noble,  John  N. 
Nowell,  John  S.  O'Hear,  James  L.  Orr,  John  S.  Palmer, 
Francis  S.  Parker,  Thomas  Chiles  Perrin,  Joseph  Daniel 
Pope,  Francis  J.  Porcher,  John  G.  Pressle}',  Paul  Quat- 
tlebaum,  Samuel  Rainey,  J.  P.  Reed,  R.  Barnwell  Rhett, 
George  Rhodes,  F.  D.  Richardson,  John  P.  Richardson,  D. 
P.  Robinson,  W.  B.  Rowell,  B.  H.  Rutledge,  Elias  B.  Scott, 
E.  M.  Seubrook.-George  W.  Seabrook,  Benj.  E.  Sessions,  Jno. 
M.  Shingltr,  W.  Pinkney  Shingler,  Thos  Y.  Simons.  R.  F. 
Simpson,  J.  S.  Sims,  Jas.  C.  Smiley,  John  Julius  Pringle 
Smith,  P.  G.  Snowden,  Albertus  Chambers  Spain,  L.  W. 
Spratt,  A.  Baxter  Springs,  Peter  Stokes,  Robert  A.  Thomp 
son,  Thomas  Thomson,  John  M.  Timmons,  James  Tompkins, 
John  Townecud,  Theodore  D.  Wagner,  John  J.  Wannama- 
ker,  David  Lewis  Wardlaw.  Francis  Hugh  Wardlaw,  W.  D. 
Watts,  Thomas  Weir,  J.  N.  Whitner,  John  D.  Williams, 
Isaac  D.  Wilson,  J.  H.  Wilson,  William  Blackburn  Wilson, 
T.  J.  Withers,  Richard  Woods,  Henry  C.  Young,  David  F. 
Jamison,  President— 170. 
NAYS — None. 

In  Florida,  this  was  the  vote  : 
YEAS— Mr.  President,  Judge  John  C.  McGehee,  Messrs. 
Alderman,  Allison,  Anderson,  Baker  of  Calhoun,  Barring- 


Kirksey,  Ladd,  Lamar,  Lamb,  Lea  of  Madison,  Lei"-h  of 
Sumter,  Lewis,  Love,  McGahagin,  McLean,  Mclntosh,  Mc- 
Nealy,  Mays,  Morton,  Newmans,  Nicholson,  Owens,  Pal 
mer,  Parkhill,  Pelot,  Pinckney,  Sanderson,  Saxon,  Sever, 
Spencer,  Simpson,  Solana,  Stephens,  Thomas,  Tift,  Turman 
>Vard,  Wright  of  Escambia,  Wright  of  Columbia,  Yates— 

NATS— Messrs.  Baker  of  Jackson,  Gregory,  Hendricks 
McCaskill,  Morrison,  Rutland,  Woodruff— 7. 

ID  Arkansas,  the  Convention  adjourned  March 
21st,  until  the  19th  of  August,  1861,  (see  page 
4,)  but  its  President,  David  Walker,  as  author 
ized  in  an  exigency  in  his  opinion  requiring  it, 
on  the  20th  of  April  issued  a  Proclamation  con 
vening  it  on  the  6th  of  May — the  reason  given 
being  that  "  preparations  are  being  made  for  a 
war  between  the  citizens  of  the  free  and  the 
slave  States." 

1861,  May  6 — The  question  being  on  an  ordi 
nance  of  -secession,  Mr.  A.  W.  Dinsmore  offered 
this  amendment: 

And  that  the  above  ordinance  be  submitted  to  the  citizens 
I  the  State  of  Arkansas,  tor  their  acceptance  or  rejection 
l>y  a  writ  of  election,  issued  by  the  president  of  this  Con 
vention,  to  be  held  on  the  1st  Monday  of  June  next. 

On  motion  of  J.  Henry  Patterson,  this  amend 
ment  was  tabled— yeas  55,  nays  15,  as  follows  : 

YEAS— Messrs.   Alexander    Adams,   Charles  W.   Adams, 

ihomas  F.  Austin,  Milton  D.Baber,  Felix  I.  Batson,  Thomas 

II   Lradley,  James  W.  Bush,   H.  Bussey,  A.   II.  Carrigan 

Uexander  M    Clingman,  James  W.  Crenshaw,  Wiley  P. 

Cryer,  Jesse  N.  Cypert,  Samuel  W.  Cochran,  James  S.  Dol- 


larhide,  Philip  H.  Echols,  H.  Flanagin,  William  W.  Floyd, 
Urban  E.  Fort,  Robert  T.  Fuller,  R.  K.  Garland.  A.  H.  (Jar- 
land,  Josiah  Gould,  W.  P.  Grace,  Thomas  B.  Hauly,  Marcus 
L.  Hawkins,  Benjamin  F.  Hawkins,  L.  D.  Hill,  Isaac  Ilil- 
liard,  Burr  H.  Hobbs,  A.  W.  Hobson,  J.  P.  Johnson,  M.  Shelby 
Kennard,  Felix  R.  Lanier,  G.  W.  Lav  ghinghoutse,  W.  W. 
Mansfield,  William  M.  Mayo,  J.  Henry  Patterson.  Archibald 
Ray,  J.  A.  Rhodes,  Samuel  Robinson,  J.  N.  Shelton,  W.  F. 
Siemens,  J.  M.  Smith,  George  P.  Smoote,  W.  H.  Spivey  J 

i  Stillwoll,  William   Stout,   William   V.  Tatum,  James    L. 

I  Totteu,  Benjamin  C.  Tottwn,  E.  T.  Wu'ke,  I.  C.  Wallace 

j  W.  W.  Watkins,  .lames  Yell— 55. 

NAYS— H.  H.  Boliriger,  .John  Campbell    F.  W.  Desha,  A. 

;  W.  Dinsmore,  Isaiah  Dodson,  W.  M.  Fishhack,  Samuel  L. 
Griffith,  T.  M.  Gunter,  Samuel  Kelley,  I.  Murphy,  John  P. 
A.  Parks,  S.  J.  Stallings,  Hugh  F.  Thbmason,  Jesse  Turner, 
David  Walker,  President— Id. 

The  Ordinance  of  Secession  then  passed— yeas 
65,  nays  5,  as  follows : 

YEAS— Messrs.  Alexander  Adams,  Charles  W.  Adams, 
Austin,  Baber,  Batson,  Bradley,  Bush,  Bussey,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin  Floyd 
Fort,  Fuller,  R.  K.  Garland,  A.  H.  Garland,  Gould,  Grace, 

j  Griffith,  Hanly,  Marcus  L.  Hawkins,  Benjamin  F.  Hawkins, 
Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kennard.  Lanier, 
Laughinghouse,  Mansfield,  Mayo,  Parks,  J.  Henry  Patter 
son,  Ray,  Rhodes,  Robinson,  Shelton,  Sleuions  Smith 
Smoote,  Spivey,  Stallings,  Stillwell,  Stout,  Tatum,  Thoma- 

j  son,  James  L.  Totten,  Benjamin  C.  Totten,  Turner    E  T 

i  Walker,  Wallace,  Watkins,  Yell,  and  David  Walker,  Pnwi- 

]  dent— 65. 

NAYS— Messrs.  Bolinger,  Campbell,  Gunter,  Kelley,  Mur 
phy— 5. 

On  the  President  urging  unanimity,  Messrs. 
Bolinger  and  Campbell  changed  their  votes  to 
aye,  with  the  explanation  '-that  they  voted 
against  the  ordinance  as  pledged  to  the  people, 
but  to  secure  unanimity  changed,  at  the  same 
time  denying  the  right  of  secession  ;"  Messrs. 
Kelley  and  Gunter  changed  to  aye,  with  the 
explanation  that  they  '^were  in  favor  of  revo 
lution,  but  ignored  the  right  of  secession.'' 
Mr.  Fishback  explained  his  vote.  As  declared, 
the  yeas  were  69,  nay  1— Mr.  Isaac  Murphy' 
now  Governor  of  the  free  State,  who  also 
refused  to  sign  the  ordinance  after  its  passage. 
The  names  of  H.  Jackson,  Joseph  Jester,  and 
H.  W.  Williams  are  not  appended,  though  they 
are  among  the  yeas.  Craighead  county  was  not 
represented.  J.  H.  Stirman  was  permitted  to 
affix  his  name,  May  14. 

Elias  C  Boudinot  was  Secretary  of  the  Con 
vention,  with  John  P.  Jones  as  assistant.  Ben 
jamin  F.  Arthur  was  clerk  of  the  South  Caro 
lina  Convention,  and  Albert  R.  Lamar  secretary 
of  the  Georgia. 

REBEL    ITEMS. 

The  Legislature  of  Georgia  and  Mississippi 
have  passed  resolutions  disapproving,  as  un 
constitutional,  the  bill  suspending  the  privilege 
of  the  writ  of  habeas  corpus,  and  demanding  its 
repeal. 

Alabama  is  reported  to  have  furnished  40,000 
men  to  the  army ;  Florida,  4,000 ;  Georgia, 
54,000;  Louisiana,  36,000;  Mississippi,  40,000  ;' 
North  Carolina,  25,000;  South  Carolina,  25,- 
000;  Texas,  29,000;  Tennessee,  34,000;  Vir 
ginia,  103000;  Arkansas,  28,000;  Kentucky 
20,000;  Maryland,  20.000;  Missouri,  35000- 
total,  501,000.  The  estimate  of  Maryland'must 
be  excessive. 


THE  REBEL  ADMINISTRATION. 


The  "Provisional." 

FEBRUARY  18, 1861,  TO  FEBRUARY  18, 1862. 
Those  formerly  members  of  the  Congress  of 
the  United  States  are  italicized. 

President— Jf.ffc.rsnn  Davis,  of  Mississippi. 

Vice  President — Alexander  If.  Stephens,  of  Georgia. 

THE  CABINET. 

Secretary  of  State — Robert  Toombs,  of  Georgia,  from  Febru 
ary  21  to  July  30 :  resigned,  and  succeeded  by  Robert 

M.  T.  Hunter,  of  Virginia. 
Secretary  of  the  Treasury — Charles  G.  Memminger,  of  South 

Carolina,  from  February  21. 
Scretary  of  War — Lcroy  Pope  Walker,  of  Alabama,  from 

February  21  to  September  10 ;  resigned,  and  succeeded 

by  Judah  P.  Benjamin,  of  Louisiana. 
Secretary  of  the  Navy — Stephen  R.  Mallory,  of  Florida,  from 

March  4. 
AUorney  General — Judah  P.  Bmjamin,  of  Louisiana,  from 

February  21  to  September  i  resigned,  and  succeeded  by 

Thomas  II.  Watts,  of  Alabama. 
Postmaster    General — -John    H.  Reagan,    of   Texas,    from 

March  6,  Henry  J.  Ellet,  of  Mississippi,  first  appointed, 

having  declined. 

MEMORANDUM. 

Secretary  of  War — It  was  reported  that  the  position  was 
offered  to  General  Braxton  Bragg,  of  Louisiana,  but  de 
clined,  after  Mr.  Walker's  resignation. 

Ksretary  of  tJie  Navy—Also,  that  John  Perkins,  Jr.,  of 
Louisiana,  was  first  appointed,  but  declined. 

Mr.  Toombs  was  appointed  a  brigadier  general  in  July, 
1861,  and  Mr.  Walker  August  20, 1861. 

The  President  and  Vice  President  were  elected  by  th'  Con 
gress,  February  9, 1861,  receiving  the  uuanimon*  vote 
of  the  six  States  then  composing  the  Confederacy. 


THE  CONGKESS. 

The  Deputies  who  organized  the  Confederacy 
at  Montgomery  remained  in  office  one  year,  the 
"  permanent"  Government  having  been  insti 
tuted  in  February,  1862. 

There  wore  four  sessions  of  that  body  : 

The  first  at  Montgomery,  from  February  4  to  March  16, 
1S61. 

The  second  at  Montgomery,  from  May  6  to  May  21,  1861. 

The  third  at  Richmond,  from  July  20  to  September  2, 
1861. 

The  fourth  at  Richmond,  from  November  18, 1861,  to  Feb 
ruary  17,  1862. 

The  following  are  the  names  of  members : 

P/cxidenf—HowcJl  Cobb,  of  Georgia. 

Alabama*— Robert  II.  Smith,  Richard  Wilde  Walker,  Colin 

J.   McRae,    John    Gill   Shorter,   William  P.  Chilton, 

Stephen  F.    Hale,  "David    P.    Lewis,  Thomas   Fcarn, 

Jabe:  L.  M.  Curry. 
Arkansas* — Robert   W.  Johnson,  Albert  Rust,  Augustus  H. 

Garland,  William  W.  Watkins,  Hugh  F.  Thomasson. 
Florida*— Jackson  Morton,  J.  Patton  Anderson,  Jainea  B. 

Owens. 


Georgia*— Robert  Tonmhs,  Howell  Cobb,  Francis  S.  Bartow, 
Martin  J,  Crawford,  Eufjenius  A.  Nisbet,  Benjamin  H. 
Hill,  Augustus  R.  Wri;//it,  Thomas  R.  R.  Cobb,  Augus 
tus  II.  Kenan.  Alexander  H.  Stephens. 
KentucL-y* — Henry  C.  Burnttt,  .John  J.  Thomas.  The.o.  L 
Burnett,  s.  H.  Ford, Them.  B.  Johnson.  GPO.  W.  Ewing, 
D.V. White,  J.  M.Elliott.  M  S.  B.  Munxoe.G  B  Hodges. 

Louisiana — John  PerL-ins,  Jr.,  A.  de  Clouet,  Charles  Si.  Con 
rad.  Duncan  F.  Kenner,  Edward  Sparrow,  Henry  Mar 
shal. 

Mississippi — Wiley  P.  Harris,  Walter  Brooke,  W.  S.  Wilson, 
A.  M.  Clayton,  William  S.  Barry,  James  T.  Harrison. 
J.  A.  P.  Campbell. 

Missou /•?:*— William  H.  Cook,  Thomas  A.  Harris,  Caspar  W 
Bell,  A.  II.  Conrow,  George  G.  Vest,  Thomas  W.  Free 
man.  Samuel  Hyer. 

North  Carolina*— George  Davis,  William  W.  A  very,  William 
N.  If.  Smith,  Thoinus  Jtit.tJin,  Thomas  D.  McDowell, 
A  bran  W.  Venable,  John  M!  Morehead,  Ro'jtrt  C.  Pur- 
year,  Burton  Ciaige,  Andrew  J.  Davidson. 

South  Carolina*— R.  Barnwdl  Rhett,  Sr.,  Robert  W.  Barn- 
well.  Lawrence.  M.  Keilt,  James  Cftemut,  Jr.,  Charles  G. 
Memminger,  William  Porcher  Miles,  Thomas  J.  With 
ers,  Wilh'.im  W.  Bonce. 

Tennessee* — W.  H.  I>« Witt.  Robert  L.  Caruthers,  James  H. 
Thomas,  Thomas  M.  Jones,  John  F.  House,  John  D.  C. 
Atkins.  David  M.  Turn,.. 

Texas* — Louis  T.  Wigfatt,  John  H  Reagan,  John  nemphitt, 
T.  N.  Waul,  William  B.  Ochiltree,  W.  S.  Oldham,  John 
Gregg. 

Virginia* — James  A.  Se.dd.on,  William  Ballard  Preston, 
Robert  M.  T.  Hunter,  John  Tyler,  Sr.,  William  II.  Mac- 
farland,  Roger  A.  Pry  or,  Thomas  S.  Bocock,  William  C. 
Rives,  Robert  E.  Scott,  James  M.  Mason,  J.  W.  Brocken- 
brough,  Charles  W.  Russell,  Robert  Johnson,  Waller 
R.  Staples,  Walter  Preston. 

MEMORANDUM. 

J.  Johnson  Hooper,  of  Alabama,  was  Secretary  of  the  Con 
gress. 

Alabama— David  P.  Lewis  and  Thomas  Fearn,  elected  Do 
pulies,  were  succeeded  during  the  year  by  II.  C.  Jones 
and  Nicholas  Davis,  Jr.  Mr.  Shorter  was  elected 
Governor  in  November,  1861.  Mr.  McRae  was  after 
wards  appointed  a  brigadier  general,  and  is  now  vh? 
cotton  loan  agent  in  Paris.  Mr.  Yancey  was  nominated 
for,  but  declined  election  to,  the  Provisional  Congress, 
and  was  sent  to  Europe  to  negotiate  for  "  Confederate" 
recognition. 

Arkansas — Admitted,  at  second  session,  in  May,  1861. 

Florida— J.  Pattou  Anderson  resigned  early  in  the  term, 
and  was  succeeded  by  G.  T.  Ward 

Georgia — Mr.  Toombs  resigned.  February  21,  to  become 
Provisional  Secretary  of  State ;  in  July  was  appointed 
a  brigadier  general*  Mr.  Howell  Cobb  subsequently 
became  brigadier  general,  and  now  is  a  major  general. 
Mr.  Crawford  subsequently  became  a  cavalry  colonel  in 
the  army,  and  was  once  a  prisoner.  Mr.  Thomas  R.  R. 
Cobb  became  colonel  of  the  Georgia  Legion  hit-.'  in  LS61 
or  early  in  1862,  and  was  killed  at  the  tirst  Fredericks- 
burg  battle,  December  13, 1862.  Mr.  Stephens  accepted 
the  Vice  Presidency,  February  11,  1S61. 

Kentucky— Admitted,  at  fourth  session,  in  December,  18< 

Missouri—  Admitted,  at  fourth  session,  in  December,  1861 ; 


*  See  memorandum  at  the  close  of  the  list. 
400 


THE    REBEL    ADMINISTRATION. 


401 


the  Delegates  were  self-elected,  and  held  over  the  first 
Congress.  Mr.  Hyer  is  reported  to  have  taken  the  oath 
of  allegiance  to  the  Government  of  the  United  States. 
North  Carolina— These  Delegates  were  elected  by  the  Con- 
^ontion,  Juno  IS,  1861.  Mr.  Ruffin  afterwards  became 
rt  cavalry  colonel,  nnd  died  in  the  spring  of  1864,  a 
prisoner 'in  Alexandria,  Vu.,  of  wounds  received  in 

South  Carolina— Mr.  Memminger  became  Secretary  of  tho 
Trcao.iry,  February  21, 1861.  Mr.  Keitt  died  in  Rich 
mond,  "une  2, 1.V64,  of  wounds  received  May  31  in  bat 
tle,  colonel  of  the  20th  South  Carolina  regiment.  Mr. 
Chesnut  served  as  aid  to  Beauregard  at  the  bombard 
ment  of  oumter;  and  Mr.  Miles  as  an  aid  at  the  battle 
of  Bull  Ran. 

Tennessee.— Aamittcd,  at  second  session,  in  May,  1861 ;  mem 
bers  took  x"ieir  scats  at  the  third  session. 

Texas— Admitted,  at  first  session,  March  2, 1861.  Mr.  Rea 
gan  resigned  to  become  Postmaster  General,  March  6, 
1861.  Mr.  Wigfall  was  appointed  a  brigadier  general, 
October  29, 1 :61,  but  did  not  yield  his  seat  in  the  "  Pro 
visional"  or  me  "  Permanent"  Congress.  Mr.  Hemp- 
hill  died  January  4, 1862. 

Virginia — Admitted,  at  second  session,  May  7, 1861,  when 
Messrs.  Brockeubrough  and  Staples  took  their  seats ; 
the  others  w..ro  sworn  at  the  third  session,  at  Rich 
mond,  July  26  1861.  Mr.  Hunter  became  Secretary  of 
State,  July  30,  uid  resigned.  Mr.  Mason  resigned  in 
the  fall  of  186]  to  go  to  England,  and  November  19  the 
State  Convention  elected  Alexander  It.  Boteler  to  suc 
ceed  him. 

The  "Permanent"  Administration. 

FROM  FEBRUARY  19, 1862. 
President — Jefferson  Davis,  of  Mississippi. 
Vice  President— A  launder  H.  Stephens,  of  Georgia. 

THE  CABINET. 

CONFIKMED,  MARCH  23, 1862. 

Secretary  of  State — JitJah  P.  Benjamin,  of  Louisiana. 

Secretary  of  the  Treasi.,~y— Charles  G.  Memminger,  of  South 
Carolina;  resigneu,  in  June,  1864,  and  succeeded  by 
George  A.  Trenholai,  of  South  Carolina. 

Secretary  of  War — George  W.  Randolph,  of  Virginia;  re 
signed,  and  succeeded  by  James  A.  Seddon,  of  Vir 
ginia. 

Secretary  of  the  Navy — StepJien  R.  Mallory,  of  Florida. 

Attorney  General— Thomus  II.  Watts,  of  Alabama ;  resigned 
on  election  as  Govern  :>i  of  Alabama,  in  November,  1863, 
and  succeeded  by  George  Davis,  of  North  Carolina. 

Postmaster  General— John  H.  Reagan,  of  Texas. 

MEMORANDUM. 

Mr.  Randolph  was  appointed  a  colonel  of  Virginia  troops 
by  Governor  Letcher,  iu  th«,  tall  of  1861 ;  tendered  his 
resignation  but  withdrew  it,  and  in  November  of  that 
year  appointed  a  brigadier  general,  and  assigned  to  the 
command  of  the  district  between  Suffolk,  in  Nanse- 
mond,  and  Weldon,  on  the  Roanoke  ;  he  was  a  candi 
date  for  Congress  in  November,  1861,  but  withdrew  on 
the  morning  of  the  election. 

Mr.  Memminger  was  born  in  Wirtemberg,  Germany,  Janu 
ary  7,  1S03;  was  brought  to  this  country  when  nine 
years  old ;  was  early  left  an  orphan ;  adopted  by  Gover 
nor  Thomas  Bennett,  and  educated  in  South  Carolina 
college,  graduating  in  1820;  began  the  practice  of  law 
in  1825;  in  1832-33  he  was  against  nullification;  for 
nearly  twenty  years  he  was  at  the  head  of  the  Finance 
Committee  of  the  lower  house  of  the  Legislature  of 
South  Carolina,  retiring  in  1852 ;  he  filled  other  State 
offices. 


THE    FIRST    CONGRESS. 

FEBRUARY,  1862,  TO  FEBRUARY,  1864. 
It  held  tour  sessions  : 

The  first  from  February  18  to  April  21,  1862. 

Tho  second  from  August  12  to  October  13, 1862. 

The  third  from  January  12, 1863,  to  May  — ,  1863. 

The  fourth  from  December  7, 1863,  to  February  18, 1864, 

SENATORS. 

Alabama* — William  L.  Yanc.ey,  Clement  C.  Clay,  Jr. 
Arkansas*—  Robert  W.  Johnson,  Charles  B.  Mitchel. 
Florida— 3*au*  M.  Baker,  Augustus  E.  Maxwell. 
Georgia* — Benjumin  II.  Hill,  Robert  Toombs. 
Kentucky — Henry  C.  Burnett,  William  E.  Simms. 
Louisiana — Edward  Sparrow,  Thomas  J.  Semmes. 
Mississippi* — Albert  G.  Brown,  James  Phelan. 


*  See  memorandum  at  the  end  of  the  list. 
26 


Missouri — John  B.  Clark,  Robert  L.  Y.  Peyton. 
North  Carolina*— George  Davis,  William  T.  Dortch. 
South  Carolina — Robert  W.  Barnwell,  James  L.  Orr. 
Tmnr,sser* — Landon  C.  Ilayucs,  Gustavus  A.  Henry. 
Virginia*— Robert  M.  T.  Hunter,  William  Ballard  Presto*. 
Texas— Louis  T.  Wigfall,  William  S.  Oldham. 

MEMORANDUM. 

Jefferson  Davis  was  inaugurated  as  "  Permanent"  President 
of  the  "  Confederate"  States,  February  22, 1862,  in  Rich 
mond. 

On  the  first  day  of  the  session,  Vice  President  Stephens  pre 
siding,  Robert  M.  T.  Hunter,  of  Virginia,  was  elected 
President  pro  temporc ;  James  H.  Nash,  of  South  Caro 
lina,  Secretary ;  and  James  Page,  of  North  Carolina, 
Doorkeeper. 

Alabama — Mr.Yancey  died,  and  Robert  Jemison  was  elected, 
August  22, 1863,  to  the  vacancy. 

Arkansas — Mr.  Mitchel  had  been  elected,  shortly  before 
secession,  to  the  United  States  Senate  for  six  years, 
from  March  4, 1861. 

Georgia — Mr.  Toombs  having  accepted  a  brigadier's  com 
mission  did  not  take  his  seat,  and  he  was  succeeded, 
March,  1862,  by  Dr.  John  W.  Lewis,  appointed  by  Gov 
ernor  Brown,  and,  December,  1862,  by  Herschel  V.  John 
son,  elected  by  the  Legislature. 

Mississippi — Mr.  Brown,  when  elected,  was  captain  of  a 
company  in  the  17th  Mississippi  volunteers.  Mr.  Wal 
ter  Brooke  was  at  first  announced  elected  over  Mr. 
Phelan,  but  the  latter  appeared  and  was  qualified  at 
the  first  session. 

North  Carolina — Mr.  Davis,  when  he  resigned  to  become 
Attorney  General,  was  succeeded  by  William  A.  Gra- 
ham. 

Tennessee — Mr.  Henry,  early  in  1862,  was  A.  A.  G.  on  Gen 
eral  Pillow's  staff. 

Virginia. — Mr.  Preston  was  succeeded,  January  28, 1863,  by 
Allen  T.  Caperton. 

REPRESENTATIVES. 

Speaker— Thomas  S.  Bocock.  of  Virginia. 

Alabama— Thomas  J.  Foster,   William  R.  Smith,  John  P. 

Rails,  Jabez  L.  M.  Curry,  Francis  S.  Lyon,  William  P. 

Chilton,  David   Clopton,  James  L.  Pugh,  Edward  S. 

Dargan — 9. 

Arkansas* — Felix  I.  Batson,  Grandison  D.  Royston,  Augus 
tus  H.  Garland,  Thomas  B.  Hanley— 4. 
Florida — James  B.  Dawkins,  Robert  B.  Hilton — 2. 
Georgia, — Julien  Hartridge,  C.  J.  Munnerlyn,  Hines  Holt, 

Augustus  II.  Kenan,  Daniel  W.   Lewis,  William   W. 

Clark,  Robert  P.  Trippe,  Lucius  J.   Gartrett,   Hardy 

Strickland,  Augustus  R.  Wrir/ht—10. 
Kentucky*^— Willis  B.  Machen,  John  W.  Crockett,  Henry 

E.  Read,  George  W.  Ewing,  James  S.  Cln-isman,  Theo 
dore  L.  Burnett,  H.  W.  Bruce,  G.  B.  Hodge,    Ely  M. 
Bruce,  James  W.  Moore,  Robert  J.  Breckinridge,  Jr., 
John  M.  Elliott— 12. 

Louisiana — Charles  J.  Villere,  CharJes  M.  Conrad,  Duncan 

F.  Kenner,   Lucius  J.  Dupre,  Henry   Marshall,   John 
Perkins,  Jr.— 6. 

Mississippi*— J.  W.  Clapp,  Reuben  Davis,  Israel  Welsh, 


*  See  memorandum  at  the  end  of  the  list. 

f  Members  sworn  August  18, 1862.  The  Provisional  Le 
gislature  of  Kentucky  thus  districted  the  State : 

First  District — Fulton.  Hickman,  McCracken.  Graves,  Cal- 
loway,  Marshall,  Livingston,  Lyon,  Caldwell,  Trigg, 
Ballard. 

Second  District— Union,  Webster,  Hopkins,  Christian,  Todd, 
Henderson,  Daviess,  Muhlcnburgh,  Crittenden . 

Third  District  —  Hancock,  Ohio,  Grayson,  Breckinridge, 
Mcade,  Hardin,  Larue,  Butler,  Hart. 

Fourth  District — Logan,  Simpson,  Allen,  Monroe,  Barren, 
Edmondson,  Warren,  Metcalfe. 

Fifth  District  —  Cumberland,  Clinton,  Wayne,  Pulaski, 
Casey,  Lincoln,  Taylor,  Green,  Adair,  Russell. 

Sixth  District — Spencer,  Bullitt,  Nelson,  Washington,  Ma 
rion,  Mercer,  Boyle,  Garrard,  Anderson. 

Seventh  District— Jefferson,  Shelby,  Oldham. 

Eighth  District— Henry,  Trimble,  Carroll,  Boone,  Gallatin, 
Grant,  Kenton,  Campbell. 

Ninth  District— Pendlcton,  Bracken,  Nicholas,  Harrison, 
Bourbon,  Fleming,  Mason. 

Tenth  District— Bath,  Lewis,  Greenup,  Boyd,  Carter,  Law 
rence,  Montgomery,  Powell,  Morgan,  Rowan,  Wolfe, 
Estill,  Magoffin. 

Eleventh  District— Franklin,  Woodford,  Jessamine,  Fayette, 
Madison,  Clarke,  Owen,  Scott. 

Twelfth  District— Roekcastle,  Knox,  Harlan,  Laurel.  Whit- 
ley,  Clay,  Perry,  Owsley,  Letcher,  Breathitt,  Floyd, 
Pike,  Johnson,  Jackson. 


THE   REBEL   ADMINISTRATION. 


Henry  C.  Chambers,  Otho  R.  Singleton,  Ethelbert  Barks- 

dale,  John  J.  McRae  —  7. 

Thomaa  A.  HarriH,  Caspar  W.  Bell,  A.  IT.  Con- 

row,  George  G.  Vest,  Thomas  W.  Freeman,  William  H. 

Cook—  6. 
North  Carolina—  W.  N.  H.  Smith,  Robert  11.  Bridgers,  Owen 

R.  Kenan,  Thomas  D.  McDowell,  A.  H.  Arrington,  J.  B. 

McLean,  Thomas  S.  A  she,  William  Lander,  Burgess  8. 

Gaither,  A.  T.  Davidson—  10. 
South  Carolina*  —  John  McQueen,    William  Porcher  Miles, 

MillfdfjeL.  Bfjihai.i,  William  D.  Simpson,  James  Far 

row,  William  W.  Boycc  —  6. 
Tennessee*—  Joseph  B.  Ilciskell,  William  G.  Swan,  William 

B.  Tibbs,  E.  L.  Gardi  nhire,  Henry  S.  Foote,  Meredith  J'. 

Gentry,  George  W.  Jones,  Thomas  Menees,  John  D.  C. 

Atldns,  John  V.  Wright,  David  M.  Currin—  11. 
Texas*—  John  A.   Wilcox,  Clark  C.  Herbert,  Peter  W.  Gray, 

Frank   B.   Sexton,   Malcolm  D.  Graham,  William  13. 

Wright—  6. 
Virginia*—  Mil  scoe  R.  FT.  Garnctt,3o\\n  R.Chambliss,  James 

Lyons,  Roger  A.  Pryor,  Thomas  S.  Bocock,  JohnGoode, 

Jr.,  James  P.  Holcombo,  Daril  C.  De  Jarnctte,  William 

Smith,  Alexander  R.  Boteler,  John  B.  Baldwin,  Waller 

R.  Staples,  M"  alter  Preston,  Albert  G.  Jenkins,  Robert 

Johnston,  Charles  W.  Russell—  10. 
October  9,  1862,  at  the  second  session,  Elias  C.  Boudinot 

was  admitted  a  delegate  from  the  Cherokee  nation. 

MEMORANDUM. 

Emmet  Dixon,  of  Georgia,  was  elected  Clerk  of  the  House, 
and  R.  H.  Wynn,  of  Alabama,  Doorkeeper. 

Arkansas—Mr.  Garland's  seat  was  contested  by  Jilson  P. 
Johnson. 

Kentucky  —  Mr.  Hodges  was  not  sworn  until  August  16, 
1802. 

Mississippi  —  Mr.  Davis  resigned,  and  was  succeeded  by 
William  D.  Holder. 

South  Carolina  —  Mr.  Bonham  was  elected  Governor  in  Jan 
uary,  18G3,  and  was  succeeded  by  Lewis  M.  Ayer. 

Tennessee  —  Mr.  Currin  died  during  the  Congress,  after  his 
election  to  the  second  Congress. 

Texas  —  Mr.  Wilcox  died  during  the  Congress,  after  his  elec 
tion  to  the  second  Congress. 

Virginia—  Mr.  Garnett  died,  January  12,  1864.  Mr.  Pryor 
was  appointed  a  brigadier  general  in  the  fall  of  1SG2, 
and  was  succeeded  by  Charles  F.  Collier.  Mr.  Smith 
accepted  a  colonel's  commission,  was  succeeded  by 
David  Funsten,  and  was  elected  Governor  in  1863.  Mr. 
Baldwin  was  appointed  a  colonel  of  Virginia  troops  ii: 
the  fall  of  1801,  by  Governor  Lotcher.  Mr.  Jenkins 
was  appointed  brigadier  general,  and  resigned  in  June 
or  July,  18G2;  was  succeeded  by  Samuel  A.  Miller;  and 
died  iti  the  summer  of  18G4,  in  South 
of  wounds  received  in  battle. 


western  Virginia, 


THE  SECOND  CONGRESS. 

FEBRUARY  19,  1864,  TO  FEBRUARY  18,  1866. 
The  first  session  closed  Juno  15;  tho  second  began  Nov.  7 

SENATORS. 

The  following  are  the  changes  from  the  first 
Congress  : 
Alabama— Richard  Wilde  Walker,  in  place  of  Clement  C 

Mississippi— J.  W.  C.  Watson,  in  place  of  James  Phelan. 
Arkansas*— Augustus  II.  Garland,  in  place  of  Dr.  Charles  B 

Mitchel,  deceased. 
Missouri*—  Waldo  P.  Johnson,  in  place  of  Mr.  Peyton ;  and 

L.  M.  Louis,  in  place  of  Mr.  Clark. 

MEMORANDUM. 

Arkansas— Mr.  Garland  was  elected  September  27,  receiv 
ing,  according  to  tho  Washington  (Ark.)  Telegraph,  01 
the  lirst  ballot,  28  votes,  Albert  Pike  receiving  14,  am 
Alfred  B.  Greenwood  1.  Mr.  Garland's  vacancy  in  th 
House  has  not  yet  been  filled. 
Missouri — L.  M.  Louis  was  elected  Senator,  in  the  reces 

between  tho  first  and  second  sessions. 
The  officers  of  the  Senate  are :  J.  II.  Nash,  of  South  Caro 
lina,  secretary ;  E.  II.  Stevens,  of  South  Carolina,  assistan 
secretary;  C.  T.  Bruen,  of  Virginia,  journal  clerk;  J.  AV 
Anderson,  recording  clerk ;  Lafayette  II.  Fit/hngh,  of  Ken 
tucky,  sergeant-at-arms;  James  Page,  of  North  Carolim 
doorkeeper. 

REPRESENTATIVES. 

Speaker — Thomas  S.  Bococ.k,  of  Virginia. 


*  States  marked  thus  *  see  memorandum  at  the  end  of  eac 
list. 


labama— Thomas  J.  Foster,*  William  R.  Smith*  WiUiam- 

ton  R.    W  Co/At  Marcus  H.  Cruikshank,  Francis  S. 

Lyon*  William  P.  Chilton,*  David  Clopton,*  Jamet  L. 

Pug/i*  J.  S.  Dickinson— 9. 

rkanxas* — Felix  I.  Batson,*  Rufus  K.  Garland,  Augusta* 

II.  Garland,*  Thomas  B.  Hauley* — 4. 
Florida— St.  George  Rogers,  Robert  B.  Hilton*— 2. 

pto— Julian  Hartridge,*  William  E.  Smith,  Mark  H. 
Blanford,  Clifford  Anderson,  J.  T.  Shewmake,  J.  IL 
Echols.  Ji-mes  M.  Smith,  II.  P.  Bell,  George  N.  Lester, 
Warren  Aikcn— 10. 
Kentucky— Willie  B.  Machcn,*  George  W.  Triplett,  Henry 
E.  Read,*  George  W.  Ewing,*  Jamr.s  S.  Chrisman*  The 
odore  L.  Burnett,*  II.  W.  Bruce,*  Humphrey  Marshall, 
Ely  M.  Bruce,  :  James  W.  Moore,*  Benjamin  F.  Bradley, 
John  M.  Elliott*— 12. 

,ouisiana*— Charles  J.  Villere,*  diaries  M.  Conrad*  Dun 
can  F.  Kenner,*  Lucius  J.  Dupre,*  B.  L.  Hodge,  John 
Perkins,  Jr* — 6. 

Mississippi— John  A.  Orr,  William  D.  Holder,*  Inrael 
Welsh,*  Henry  C.  Chambers.*  Otho  R.Singltrm*  Ethel 
bert  Barksdale,*  J.  T.  Lumpkin— 7. 

Missouri*— Thomas  L.  Snead,  N.  L.  Norton,  John  B.  Clark, 
A.  II.  Conrow,*  George  G.  Vest*  Peter  S.  Wilkes,  R.  A. 
Hatcher— 7. 

North  Carolina—  William  N.  II.  Smith*  Robert  R.  Bridgers,* 
J.  T.  Leach,  Thomas  C.  Fuller,  Josiah  Turner,  Jr.,  John 
A.  Gilme.r,  James  M.  Lear',,  James  G.  Ramsay,  Burgess 
S.  Gaither,*  George  W.  Logan— 10. 
South  Carolina—  James  M.  Witlierspoon,   William  Porchcr 
Miles*  Lewis  M.  Ayer,*  William  D.  Simpson,*  James 
Furrow,*  William  W.  Loyce':'-—Q. 
Tennessee*— Joseph  B.  Heiskell,*  William  G.  Swan,*  A.  S. 
Colyer,  John  P.  Murray,  Henry  ,S*.  Foote*  F.  A.  Keeble, 
James  McCallum,  Thomas  Menees,*  John  D.  C.Atkins* 
John  V.  Wright*  Michael  W.Cluskey— 11. 
Texas*— Stephen  II.  Darden,  Claiborne  C.  Herbert,*  A.  M. 
Branch,  Frank  B.  Sexton,*  J.  R.  Baylor,  S.  II.  Mor 
gan — 6. 

Virginia— Robert  L.  Montague,  Robt.  II.  Whitfield,  Williams 
C.  Wickhaui,  Thomas  S.  Gholson,  Thomis  S.  Bocock* 
John  Goode,  Jr.,*  William  C.  Rives,  Daniel  C.  De  Jor- 
nettc*  David  Funsten,*  F.  W.  M.  Ilollaclay,  John  B. 
Baldwin  *  Waller  U.  Staples,*  Fayette  Me  Mullen,  Samuel 
A.  Miller,*  Robert  Johnston,*  Charles  W.  Russell*— 16. 

DELEGATES. 

Arizona— M.  II.  Macwillie. 

Cherokee,  Nation — E.  C.  Boudinot. 

?hoctaw  Nation— R.  M.  Jones. 

?reck  and  Seminole  Nations — S.  B.  Callahan. 

MEMORANDUM. 

Arkansas— Augustus  II.  Garland  between  the  two  sessions 

was  elected  a  Senator  in  place  of  Mr.  Mitchel,  deceased. 

His  vacancy  in  the  House  has  not  yet  been  filled. 
Louisiana — B.  L.  Hodge,  sitting  at  the  first  session,  was  not 

a  member  at  the  second,  and  the  vacancy  has  not  been 

filled. 
Missouri — Messrs.  Snead,  Norton  and  Wilkes  were  elected 

during  the  recess  between  the  two  sessions. 
Tennessee — Michael  W.  Cluskey    was  elected   during  the 

recess  to  Mr.  Currin's  vacancy. 
Texas— Stephen  II.  Darden  was  chosen  between  the  two 

sessions  to  the  vacancy  caused  by  the  death  of  Mr. 

Wilcox. 

The  officers  of  the  House  are:  Albert  R.  Lamar,  of 
Georgia,  clerk;  James  McDonald,  De  Louis  Dalton,  Honry 
C.  Lowring,  assistant  clerks;  R.  II.  Wynn,  of  Alabama, 
doorkeeper. 

Those  marked  thus  *  were  members  of  the  last  House. 


f  1864,  May  3— Mr.  Chilton  offered  this  resolution,  which 
was  adopted — yeas  CO,  nays  6 : 

Whereas,  the  report  is  in  circulation  and  h;is  found  its 
vay  into  tho  public  prints  impugning  the  loyalty  of  the 
Hon.  Williamson  R.  W.  Cobb,  member  elect  of  this  House 
from  the  State  of  Alabama,  and  tending  to  show  that  he  is 
in  complicity  with  and  giving  aid  and  comfort  to  the  ene 
mies  of  tho  Confederate  States,  anil  therefore  unfit  to  be  a 
representative  of  a  loyal  constituency;  Therefore, 

Resolved.  That  a  committee  of  five  members  be  appointed 
bv  the  Speaker  to  inquire  into  such  reports,  and  to  collect 
uiid  report  upon  the  testimony  bearing  upon  the  loyalty  or 
disloyalty  of  said  member,  and  report  the  same  to  this 
House  -with  such  recommendation  as  to  its  further  action 
in  the  premises  as  to  said  committee  shall  seem  proper; 
and  that  Mr.  Cobb  be-  notified  by  the  committee,  if  practi 
cable,  of  the  sitting  of  the-  committee, MM)  Iliat  saiii  com 
mittee  have  power  to  send  for  persons  and  papers. 

Mr.  Cobb  has  since  come  within  our  lines,  and,  at  the 
present  session,  November  17,  was  expel  led  fivm  the  House. 


NATIONAL  POLITICAL  CONVENTIONS 


Union  National  Convention. 

This  body  met  at  12  o'clock,  noon,  on  Tues 
day,  June  7,  at  Baltimore,  in  accordance  with 
the  call  of  the  National  Executive  Committee  : 

The  undersigned  who  by  original  appointment,  or  subse 
quent  designation  to  fill  vacancies,  cotstituto  the  Executive 
Committee  created  by  the  National  Convention  hold  at  Chi 
cago  on  the  IGth  day  of  May,  1860,  do  hereby  call  upon  all 
qualified  voters  who  desire  the  unconditional  maintenance 
of  the  Union,  the  supremacy  of  the  Constitution,  and  the 
complete  suppression  of  the  existing  rebellion,  with  the 
cause  thereof,  by  vigorous  war,  and  all  apt  and  efficient 
means,  to  send  delegates  to  a  convention  to  assemble  at 
Baltimore  on  Tuesday,  the  7th  day  of  June,  1864,  at  12 
o'clock,  noon,  f  >r  the  purpose  of  presenting  candidates  for 
the  offices  of  President  and  Vice  President  of  tho  United 
States.  Each  State  having  a  representation  in  Congress 
will  be  entitled  to  as  many  delegates  as  shall  be  equal  to 
twice  the  number  of  electors  to  which  such  State  is  entitled 
in  the  Electoral  College  of  the  United  States. 

EDWIN  D.  MORGAN,  New  York,  Chairman. 

CHARLES  J.  OILMAN,  ttuine. 

E.  H.  ROLLINS,  New  Hampshire. 

L.  BRAINERD,  Vermont. 

J.  Z.  GOODRICH,  Massachusetts. 

THOMAS  G.  TURNER,  Rhode  Island. 

GIDEON  WELLES,  Connecticut. 

DENNING  DUER.  New  Jersey. 

EDWARD  McPHERSON,  PennsylTania. 

N.  B.  SMITIIERS,  Delaware. 

J.  F.  WAGNER,  Maryland. 

THOMAS  SPOONER,  Ohio. 

H.  S.  LANE,  Indiana. 

SAMUEL  L.  CASEY,  Kentucky. 

E.  PECK,  Illinois. 

HER15ERT  M.  IIOXTE,  Iowa. 

AUSTIN  BLAIR,  Michigan. 

CARL  SIIUKZ,  Wisconsin. 

W    D.  WASHBURN,  Minnesota. 

CORNELIUS  COLE,  California. 

WM.  A.  PHILLIPS,  Kansas. 

0.  II.  IRISH,  Nebraska. 

JOS.  GERHARDT,  District  of  Columbia. 
WASHINGTON,  February  22,  1864. 

The  Convention  was  called  to  order  by  the 
Chairman  of  the  Executive  Committee,  Senator 
Morgan,  of  New  York,  who  said : 

MEMBERS  OF  THE  CONVENTION  :  It  is  a  little  more  than 
eight  years  since  it  was  resolved  to  forma  national  party  to 
be  conducted  upon  the  principles  and  policy  which  had  been 
established  and  maintained  by  those  illustrious  statesmen, 
Ueorgo  Washington  and  Thomas  Jefferson.  A  Convention 
was  held  in  Philadelphia,  under  the  shade  of  the  trees  that 
surrounded  the  Hall  of  Independence,  and  candidates — Fre 
mont  and  Dayton — were  chosen  to  uphold  our  cause.  But 
the  State  of  Pennsylvania  gave  its  electoral  vote  to  James 
Buchanan,  and  the  election  of  1856  was  lost. 

Nothing  daunted  by  defeat,  it  was  immediately  deter 
mined  "  to  fight  on  this  line,"  not  only  "all  summer,"  [ap 
plause,]  but  four  summers  and  four  winters;  and  in  I860 
tho  party  banner  was  again  unfurled,  with  tho  names  of 
Abraham  Lincoln  [applause]  and  Hannibal  Hamlin  in 
scribed  tlicreou.  This  time  it  was  successful,  but  with  suc 
cess  came  rebellion;  and  with  rebellion  of  course  came 
war;  and  war,  terrible  civil  war,  haa  continued  with  vary 


ing  success  up  to  nearly  the  period  when  it  ia  necessary, 
under  our  Constitution,  to  prepare  for  another  Presidential 
election.  It  is  for  this  highly  responsible  purpose  that  you 
are  to-day  assembled.  It  is  not  my  duty  nor  my  purpose 
to  indicate  any  general  course  of  action  for  this  Conven 
tion  ;  but  I  trust  I  may  be  permitted  to  say  that,  in  view  of 
the  dread  realities  of  the  past,  and  of  what  is  passing  at 
this  moment — and  of  the  fact  that  the  bones  of  our  soldiers 
lie  bleaching  in  every  State  of  this  Union,  and  with  the 
knowledge  of  the  further  fact  that  this  has  all  been  caused 
by  slavery,  the  party  of  which  you,  gentlemen,  are  the  del 
egated  and  honored  representatives,  will  fall  short  of  ac 
complishing  its  great  mission,  unless,  among  its  other  re 
solves,  it  shall  declare  for  such  an  amendment  of  the  Con 
stitution  as  will  positively  prohibit  African  slavery  in  the 
United  States.  [Prolonged  applause,  followed  by  three 
cheers.] 

In  behalf  of  the  National  Committee,  I  now  propose  for 
temporary  President  of  this  Convention,  Robert  J.  Breck- 
inridge,  of  Kentucky  [applause,]  and  appoint  Governor  Ran 
dall,  of  Wisconsin,  and  Governor  King,  of  New  York,  as  a 
committee  to  conduct  the  Presidentpro  tern,  to  the  chair. 

On  being  introduced,  Dr.  Breckinridge,  who 
was  most  enthusiastically  received,  said: 

GENTLEMEN  OF  THE  CONVENTION:  You  cannot  be  more  sen 
sible  than  I  am  that  the  part  which  I  have  to  perform  here 
to-day  is  merely  a  matter  of  form  ;  and  acting  upon  the 
principles  of  my  whole  life,  1  was  inclined,  whon  the  sug 
gestion  was  made  to  me  from  various  quarters,  that  it  was 
in  the  mind  of  many  members  of  the  Convention  to  confer 
this  distinction  upon  me,  to  earnestly  decline  to  accept ; 
because  I  have  never  sought  honors — I  have  never  sought 
distinction.  I  have  been  a  working  man,  and  nothing  else. 
But  certain  considerations  led  meJ<Krhauge  my  mind.  [Ap 
plause.] 

There  is  a  class  of  men  in  the  country,  far  too  small  for 
the  good  of  the  country — those  men  who  merely  by  their 
example,  by  their  pen,  by  their  voice,  try  to  do  good — and 
all  the  more  in  perilous  times — without  regard  to  the  re 
ward  that  may  come.  It  was  given  to  many  such  men  to 
understand,  by  the  distinction  conferred  upon  one  of  the 
humblest  oftheir  class,  that  they  were  men  whom  the  coun 
try  would  cherish,  and  who  would  not  be  forgotten. 

There  is  another  motive  relative  to  yourselves  and  to  the 
country  at  large.  It  is  good  for  you,  it  is  good  for  every  na 
tion  and  every  people,  every  Stateand  every  party,  to  cher 
ish  all  generous  impulses,  to  follow  all  noble  instincts ;  and 
there  are  none  m  ro  noble,  none  more  generous  than  to 
purge  yourselves  of  all  self-seekers  and  betrayers,  and  to 
confor  official  distinctions,  if  it  be  only  in  mere  forms,  upon 
those  who  are  worthy  to  be  trusted,  and  ask  nothing  more. 
[Applause.] 

Now  according  to  my  convictions  of  propriety,  having 
said  this,  I  should  say  nothing  more.  [Cries  of  '•  go  on."] 

But  it  has  been  intimated  to  me  from  many  quarters,  and 
in  a  way  which  I  cannot  disregard,  that  I  should  disap 
point  the  wishes  of  my  friends,  and  perhaps  the  just  expec 
tations  of  the  Convention,  if  I  did  not  as  briefly,  and  yet 
as  precisely  as  I  could,  say  somewhat  upon  the  great 
matters  which  have  brought  us  here.  Therefore,  in  a  very 
few  words,  and  as  plainly  as  I  can,  I  will  endeavor  to  draw 
your  attention  to  one  and  another  of  these  great  matters  in 
which  we  are  all  engaged. 

In  the  first  place,  nothing  can  bo  more  plain  than  the 
fact  that  you  are  here  as  the  representatives  of  a  great  na 
tion — voluntary  representatives  chosen  without  forms  of 
law,  but  us  really  representing  the  feelings,  the  principles, 
and  if  you  choose,  the  prejudices  of  the  American  people, 

403 


404 


NATIONAL  POLITICAL  CONVENTIONS. 


«is  if  it  wore  written  iu  law.-;  and  already  passed  l»y  votes — 
for  the  man  that  you  will  nominate  hero  for  the  Presidency 
of  the  United  States,  and  ruler  of  a  great  people  in  a  great 
cricis,  is  just  as  certain  I  suppose  to  become  that  ruler  as 
anything  under  heaven  IB  certain  before  it  is  done.  [Pn 


longed  cheering.]  And,  moreover,  you  will  allow  me  to 
say,  though  perhaps  it  is  hardly  strictly  proper  that  I 
should — but  as  far  as  I  know  your  opinions  I  suppose  it  is 


just  as  certain  now  before  you  utter  it  whojo  name  you  will 
nttcr,  and  which  will  he  responded  to  from  one  end  to  the 
other  of  this  nation,  as  it  will  b<;  aft  T  it  has  been  uttered 
and  recorded  by  your  secretary.  Docs  any  man  doubt  th  it 
this  Convention  intends  to  say  that  Abraham  Lincoln  shall 
be  the  nominee?  [Great  applause.]  What  I  wish,  how 
ever,  to  call  your  attention  to  is  the  grandeur  of  the  mis 
sion  upon  which  you  are  met,  and  therefore  the  dignity  and 
(solemnity,  earnestness  and  conscientiousness  with  which, 
representing  one  of  the  greatest  and  certainly  one  of  the 
first  people  of  the  world,  you  ought  to  discharge  these 
duties.  [Applause.] 

Now,  besides  the  nomination  of  President  and  Vice  Pres 
ident,  in  regard  to  which  second  office  I  will  say  nothing, 
because  I  know  there  is  more  or  less  difference  of  opinion 
among  yon;  but  besides  these  nominations,  you  have  other 
most  solemn  duties  to  perform.  You  have  to  organize  this 
party  thoroughly  throughout  the  United  States.  You  have 
to  put  it  in  whatever  form  your  wisdom  will  suggest  that, 
will  unite  all  your  wisdom,  energy,  and  determination  to 
gain  the  victory  which  I  have  already  said  was  in  our 
power.  More  than  that,  you  have  to  lay  down  with  clear 
ness  and  precision  the  principles  on  which  you  intend  to 
carry  on  this  great  political  contest  and  prosecute  the  war 
which  is  underneath  them,  and  the  glory  of  the  country 
which  lies  before  us  if  we  succeed.  Plainly—  not  in  a  dou 
ble  sense  —  briefly  —  not  in  a  treatise  —  with  the  dignity  und 
precision  of  a  great,  people  to  utter,  by  its  representatives, 
the  political  principles  by  which  they  intend  to  live,  and 
for  the  sake  of  which  they  are  willing  to  die.  So  that  .11 
men  everywhere  may  understand  precisely  what  we  mean, 
and  lay  that  furrow  so  deeply  and  clearly  that  while  ever3r 
mail  who  is  worthy  to  associate  with  freemen  may  see  it 
and  pass  over  it,  every  man  who  is  unworthy  may  be  either 
unable  to  pass  it  or  may  be  driven  fur  from  us.  We  want 
none  but  those  who  are  like  us  to  be  with  us  [Applause.] 

Now,  among  these  principles,  if  you  will  allow  me  to  say 
it,  the  first  and  most  distinct  is,  that  we  do  not  intend  to 
permit  this  nation  to  be  destroyed.  [Applause.]  We  are  a 
nation  —  no  doubt  a  peculiar  one  —  a  nation  formed  of  States, 
and  no  nation  except  as  these  States  form  it.  And  these 
States  are  no  States  except  as  they  are  States  in  that  nation. 
They  had  no  more  right  to  repudiate  the  nation  than  the 
nation  has  to  repudiate  them.  None  of  them  had  even  the 
shadow  of  a  right  to  do  this,  and  God  helping  us,  we  will 
Tindicate  that  truth  so  that  it  shall  never  be  disputed  any 
more  in  this  world.  [Applause.]  It  is  a  fearful  alternative 
that  is  set  before  us,  but  there  are  great  compensations  for 
it.  Those  of  you  who  have  attended  to  this  subject  know,  or 
ought  to  know,  that  from  the  foundation  of  the  present 
Government,  before  and  since  our  present  Constitution  was 
formed,  there  have  always  been  parties  that  had  no  faith  in 
our  Government.  The  men  that  formed  it  were  doubtful 
of  its  success,  and  the  men  that  opposed  its  formation  did 
not  desire  its  success.  And  I  am  bold  to  say,  without  detain 
ing  you  on  this  subject,  that  with  all  the  outcry  about  our 
violations  of  the  Constitution,  this  present  living  genera 
tion  and  this  present  Union  party  are  more  thoroughly 
devoted  to  that  Constitution  than  any  generation  that  haa 
ev 
sol 

proof,  I  may  also  add  that  it  is  a  great  error  which  is  being 
propagated  in  our  land,  to  say  that  our  national  life  depends 
merely  upon  the  sustaining  of  that  Constitution.  Our 
fathers  made  it,  and  we  love  it. 

But  if  it  suits  us  to  change  it  we  can  do  so.  [Applause.] 
And  when  it  suits  us  to  change  it  we  will  change  it.  [Ap 
plause.]  If  it  were  torn  into  ten  thousand  pieces  the 
nation  would  bo  as  much  a  nation  as  it  was  before  the 
Constitution  was  made  —  a  nation  always  that  declared  its 
independence  as  a  united  people,  and  lived  :is  a  united  people 
until  now  —  a  nation  independent  of  all  particular  institu 
tions  under  which  they  lived,  and  capable  of  modelling 
them  precisely  as  their  interests  require.  We  ought  to 
have  it  distinctly  understood  by  friends  and  enemies  that 
while  we  love  that  instrument  we  will  maintain  it,  and 
will,  with  undoubted  certainty,  put  to  death  friend  or  foe 
who  undertakes  to  trample  it  under  foot;  yet,  beyond  a 
doubt,  wo  will  reserve  the  right  to  alter  it  to  suit  ourselves 
from  time  to  time  and  from  generation  to  generation.  [Ap 
plause.]  One  more  idea  on  that  subject.  We  have  incor 
porated  in  that  instrument  the  right  of  revolution,  which 
gives  us,  without  a  doubt,  the  right  to  change  it.  It  never 
exited  before  the  American  States,  and  by  the  right  to 
change  there  is  no  need  of  rebellion,  insurrection,  or  civil 


ver  lived  under  it.    [Applause.]     While  I  say  that,  and 
olemnly  believe  it,  and  believe  it  is  capable  of  the  strongest 


war,  except  upon  a  denial  of  the  fundamental  principled  of 
all  free  governments — that  the  major  part  must  rule  ;  and 
there  is  no  other  method  of  carrying  on  society,  except  that 
the  will  of  the  majority  shall  be  the  will  of  th«;  whole — or 
I  that  the  will  of  the  minority  shall  be  the  will  of  the  whole, 
'  So  that,  in  one  word,  to  deny  the  principles  I  have  tried  to 
state  is  to  make  a  dogmatic  assertion  that  the  only  form 
|  of  government  that  is  possible  with  perfect  liberty  und 
I  acknowledged  by  God  is  a  pure  and  absolute  despotism. 
The  principles  therefore  which  I  am  trying  to  state  before 
you  are  principles  which,  if  they  In-  not  true,  freedom  is 
impossible,  and  no  government  but  one  of  pure  force,  can 
exist  or  ought  to  endure  among  men.  But  the  idea  which 
I  wished  to  carry  out,  as  the  remedy  for  these  troubles  and 
sorrows,  is  this :  Dreadful  as  they  are,  this  fearful  truth 
runs  through  the  whole  history  of  mankind,  that  whatever 
else  may  be  done  to  give  stability  to  authority,  whatever 
else  may  be  done  to  give  perpetuity  to  institutions — how 
ever  wise,  however  glorious,  practicable,  and  just  may  be 
the  philosophy  of  it — it  has  been  found  that  the  only  en 
during,  the" only  imperishable  cement  of  all  free  institutions, 
has  been  the  blood  of  traitors.  No  Government  has  ever 
been  built  upon  imperishable  foundations  which  founda 
tions  were  not  laid  in  the  blood  of  traitors.  It  is  a  fearful 
truth,  but  we  had  as  well  avow  it  at  once,  and  every  blow 
you  strike,  and  every  rebel  you  kill,  every  battle  you  wiur 
dreadful  as  it  is  to  do  it,  you  are  adding,  it  may  be,  a  year — 
it  may  be  ten  years— it  may  be  a  century— it  may  be  ten 
centuries  to  the  life  of  the  Government  and  the  freedom  of 
your  children.  [Great  applause.] 

Now,  passing  over  that  idea — passing  over  many  other 
things  which  it  would  be  right  for  me  to  say,  did  the  time 
serve  and  were  this  the  occasion,  let  me  add — you  are  a 
Union  party.  [Applause.]  Your  origin  has  been  referred  to 
as  having  occurred  eight  years  ago.  In  one  sense  it  is  true. 
But  you  are  far  older  than  that.  I  see  before  me  not  only 
primitive  Republicans  and  primitive  Abolitionists,  but  I  see 
also  primitive  Democrats  and  primitive  Whigs— primitive 
Americans,  and,  if  you  will  allow  me  to  say  so,  I  invself 
am  here,  who  all  my  life  have  been  in  a  party  to  myself. 
[Laughter  and  applause.]  As  a  Union  party  I  will  follow 
you  to  the  ends  of  the  earth  and  to  the  gates  of  death. 
[Applause.]  But  as  an  Abolition  party — as  a  Republican 
party— as  a  Whig  party— a-s  a  Democratic  party— as  an 
American  party,  I  will  not  follow  you  one  foot.  [Applause.] 
But  it  is  true  of  the  mass  of  the  American  people,  however 
you  may  divide  and  scatter  while  this  war  lasts,  while  the 
country  is  in  peril,  while  you  call  yourselves  as  you  do  in 
the  en  11  of  the  Convention,  the  Union  party — you  are  for 
the  preservation  of  the  Union  and  the  destruction  of  this 
rebellion,  root  and  branch.  And  in  my  judgment,  one  of 
the  greatest  errors  that  has  been  committed  by  our  admin 
istration  of  the  Federal  Government,  the  Chief  of  which  we 
are  about  to  nominate  for  another  term  of  office— one  of 
the  errors  has  been  to  believe  that  we  have  succeeded  where 
we  have  not  succeeded,  and  to  act  in  a  manner  which  is 
precisely  as  if  we  had  succeeded,  You  will  not,  you  cannot, 
succeed  until  you  have  utterly  broken  up  the  military 
power  of  these  people.  [Applause.] 

I  will  not  detain  you  upon  these  incidental  points,  one  of 
which  has  been  made  prominent  in  the  remarks  of  the  ex» 
cellent  Chairman  of  the  National  Committee.  I  do  not 
know  that  I  would  be  willing  to  go  so  far  as  probably  he 
would.  But  I  cordially  agree  with  him  in  this — I  think, 
considering  what  luus  been  done  about  slavery,  taking  the 
thing  as  it  now  stands,  overlooking  altogether,  either  in 
the  way  of  condemnation  or  in  the  way  of  approval,  any 
act  that  has  brought  us  to  the  point  where  we  are,  but  be 
lieving  in  my  conscience  and  with  all  my  heart,  that  what 
has  brought  us  where  we  are  in  the  matter  of  slavery,  is 
the  original  sin  and  folly  of  treason  and  secession,  because 
you  remember  that  the  Chicago  Convention  itself  was  un 
derstood  to  say,  and  I  believe  it  virtually  did  explicitly 
say,  that  they  "would  not  touch  slavery  in  the  States,  leav 
ing  it  therefore  altogether  out  of  the  question  how  we  came 
where  we  are,  on  that  particular  point,  we  are  prepared  to 
go  further  than  the  original  Republicans  themselves  were 
prepared  to  go.  We  are  prepared  to  demand  not  only  that 
the  whole  territory  of  the  United  States  shall  not  be  made 
slave,  but  that  the  General  Government  of  the  American 
people  shall  do  one  of  two  things — and  it  appears  to  me 
that  there  is  nothing  else  that  can  bo  done — either  to  use 
the  whole  power  of  the  Government,  both  the  war  power 
and  the  peace  power,  to  put  slavery  as  nearly  as  possible 
back  where  it  was — for,  although  that  would  be  a  fearful 
tate  of  society,  it  is  better  than  anarchy ;  or  else  to  use 
the  whole  power  of  the  Government,  both  of  war  and  peace, 
and  all  the  practical  power  that  the  people  of  the  United 
States  will  give  them  to  exterminate  and  extinguish  slav 
ery.  [Prolonged  applause.] 

I  have  no  hesitation  in  saying  for  myself  that  if  I  were 
i  pro-slavery  man,  if  I  believed  this  institution  was  an  or 
dinance  of  God,  und  was  given  to  man,  1  would  unhesitat- 


NATIONAL    POLITICAL    CONVENTIONS. 


405 


ingly  join  those  who  demand  that  the  Government  >houl< 
he  put  back  where  it  was.  But  I  ;im  not  a  pro-shivery  man — 
I  never  was;  I  unite  myself  with  those  who  believe  it  i 
contrary  to  the  brightest  interests  of  all  men  and  of  al 
governments,  contrary  to  the  spirit  of  the  Christian  religion 
and  incompatible  with  the  natural  rights  of  man.  I  joii 
myself  with  those  who  say  away  with  it  forever ;  [applause : 
and  I  fervently  pray  God  that  the  day  may  come  whcr 
throughout  the  whole  land  every  man  may  be  as  free  as  you 
are,  and  as  capable  of  enjoying  regulated  liberty.  [Pro 
longed  applause.] 

I  will  not  defc.in  you  any  longor.  One  single  word  yov 
•will  allow  me  to  say  in  behalf  of  the  State  from  which  1 
«;ome,  one  of  the  smallest  of  the  thousands  of  Israel.  We 
know  very  well  that  our  eleven  votes  are  of  no  consequence 
in  tho  Presidential  election.  We  know  very  well  that  in 
our  present  unh-ippy  condition,  it  is  by  no  means  certain 
that  we  are  here  to-day  representing  the  party  that  will  cast 
the  majority  of  the  votes  in  that  unhappy  State.  I  know 
very  well  that  the  sentiments  which  I  am  uttering  will 
cause  me  great  odium  in  the  State  in  which  I  was  "born 
which  I  love,  where  the  bones  of  two  generations  of  my  an 
cestors  and  some  of  my  children  are.  and  where  very  soon 
I  shall  lay  my  own.  I  know  very  well  that  my  colleagues 
will  incur  odium  if  they  indorse  what  I  say,  and  they,  too, 
know  it.  But  we  have  put  our  laces  toward  the  way  in 
which  we  intend  to  go,  anrl  wo  will  go  in  it  to  the  end.  If 
T*-3  are  to  perish,  we  will  perish  in  that  way.  All  I  have  to 
say  to  you  is,  help  us  if  you  can ;  if  you  cannot,  believe  in 
your  hearts  that  we  have  died  like  men. 

Rev.  J  McKendree  Reiley,  of  the  Methodist 
Episcopal  church,  offered  a  prayer,  when  those 
States  which  are  represented  in  Congress  were 
•called  for  lists  of  del'- gates. 

At  the  evening  session  of  Tuesday  the  perma 
nent  organization  was  r.  ade,  with  Hon.  WIL 
LIAM  DENNISON.  of  Ohio,  as  President.  On  taking 
the  chair,  he  said  : 

I  thank  you  for  the  honor  you  have  conferred  upon  me, 
and  while  I  shall  bring  to  the  discharge  of  the  duties  of  the 
chair  little  experience  in  parliamentary  rules,  it  will  be  my 
pleasure,  as  my  duty,  to  spare  no  effort  in  contributing,  to 
the  extent  of  my  ability,  to  the  facilitating  of  the  business 
of  the  Convention,  and  securing  such  results  from  your  de 
liberations  as  will  meet  the  loyal  expectations  of  the  coun 
try. 

We  meet  here  as  representatives  of  the  true  friends  of  the 
Government  and  of  impartial  liberty— of  that  large  portion 
of  the  people  who  gratefully  appreciate  the  uhmatchec 
blessings  which  flow  from  our  institutions  well  administered 
and  reject  any  form  of  human  enslavement,  not  in  punish 
ment  of  crime,  as  no  less  incompatible  with  the  rights  o 
'—  -  


ity  than  with  the  genius  and  the  peaceful  workings 


hum;;  i 

of  republican  government.    [Prolonged  applause.] 

In  no  sense  do  we  meet  as  members  or  representatives  o_ 
either  of  the  old  politic.- 1  parties  which  bound  the  people,  or 
«s  tho  champions  of  any  principle  or  doctrine  peculiar  to 
either.  The  extraordinary  condition  of  the  country  since 
the  outbreak  of  the  rebellion  has,  from  necessity,  taken 
from  the  issues  of  these  parties  their  practical  significance 
and  compelled  the  formation  of  substantially  new  political 
organizations;  hence  the  origin  of  th  j  Union  party — if  party 
it  can  be  called— of  which  this  Convention  is  for  the  pur 
pose  of  its  assembling,  tho  accredited  representative,  and 
the  only  test  of  membership  in  which  is  an  unreserved,  un 
conditional  loyalty  to  the  Government  and  the  Union. 

Let  me  congratulate  you  upon  the  favorable  auspices 
of  your  meeting.  While  the  deepest  anxiety  is  felt  by 
u.11  patriotic  men  as  to  tho  result  of  the  Avar  unjustifia 
bly  forced  upon  the  Government  by  the  bad,  ambitious 
flH'ii  and  their  deceived  followers  in  the  rebellious  States, 
and  the  country  is  filled  with  distress  and  mourning  over 
the  loss  of  so  many  of  our  brave  men  who  have  fallen  in 
battle,  or  died  in  hospitals  from  wounds  received  in  defence 
of  the  constitutional  authorities  of  the  Government,  we 
yet  have,  in  what  has  been  accomplished  towards  the  sup 
pression  of  the  rebellion  and  the  extinguishment  of  its 
cause — in  the  heroic  deeds  of  our  noble  armies  and  gallant 
navy— in  the  renewal  of  the  patriotism  of  tho  country  that 
almost  scorned  to  be  paralyzed  under  tho  influence  of  our 
national  prosperity— in  the  unprecedented  generosity  of  the 
peo;/le,  awakened  by  the  wants  of  the  Government  and 
the  necessities  of  its  defenders — much,  very  much  of  the 
highest  felicitation,  and  for  which  the  country  is  grateful  to 
A'mighty  God.  [Applnuse.] 

And  may  I  not  add  to  these  causes  of  congratulation  the 
tormation  of  the  political  organization  of  which  this  Con 
vention  is  a  representative,  which  has  so  nobly  sustained 
•the  Government  in  its  efforts  to  put  down  the  rebellion,  and 
to  the  complete  accomplishment  of  which  its  energies  are 


consecrated;  the  patriotic  harmony  that  has  marked  our 
assembling  and  will  characterize  all  our  proceedings,  and. 
presenting  that  harmony  which  will  display  itself  in  tho 
unanimous  nomination  for  the  Presidency  of  the  United 
States  of  the  wise  and  good  man  whose  unselfish  devotion 
to  the  country,  in  the  administration  of  the  Government, 
has  secured  to  him  not  only  the  admiration,  but  the  warm 
est  affection  of  every  friend  of  constitutional  liberty  ?  fAD- 
plause.l 

I  need  not  remind  you  of  the  very  grave  responsibilities 
that  devolve  upon  you  as  members  of  tin's  convention.  The 
loyal  people  of  tho  country  have  authorJ/edand  expect  you 
to  renew  on  their  part  the  pledge  of  their  faith  to  support 
the  Government,  in  the  most  vigorous  prosecution  of  the 
war,  to  the  complete  suppression  of  the  rebellion,  regard 
less  of  the  time  or  the  resources  required  to  that  end,  and 
they  equally  expect  and  call  upon  you  to  declare  the  cause 
and  the  support  of  the  rebellion  to  be  slavery,  which,  as 
well  for  its  treasonable  offences  against  the  Government  as 
for  its  incompatibility  with  the  rights  of  humanity  and  the 
permanent  peace  of  the  country,  must,  with  the  termina 
tion  of  the  war,  and  as  much  speedier  as  possible,  be  made 
to  cease  forever  in  every  State  and  Territory  of  the  Union. 
But  I  must  not  refer  to  other  subjects  of  interest  that  will 
challenge  your  attention. 

Let  me  repeat  my  thanks  for  your  expressions  of  confi 
dence  in  me  in  having  selected  me  to  preside  over  your  de 
liberations.  [Applause.] 

REPORT  OF  COMMITTEE  ON  CREDENTIALS. 

Mr.  PRESTON  KING,  of  New  York,  submitted 
the  report  of  the  majority  committee ;  which 
*vas  substantially  as  follows  : 

1st.  That  the  delegations  from  the  States  of  Maine  New 
lampshire,  Massachusetts,  Connecticut,  Vermont,  Rhode 
Island,  Newlork,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Ohio,  Kentucky,  Indiana,  Illinois,  Iowa,  Min 
nesota,  Oregon,  California,  Kansas,  and  West  Virginia  were 
ill  regular,  and  are  admitted  to  seats  with  all  the  rights 
md  privileges  of  members,  except  one  district  of  Pennsyl 
vania,  which  had  elected  four  instead  of  two  members  Tho 
sommittee  admit  the  two  who  received  the  largest  number 
)f  votes  as  delegates,  and  the  other  two  as  alternates. 

2d.  That  there  being  two  delegations  from  the  State  of 
lissoun,  claiming  seats,  the  committee  recommend  that 
hose  styling  themselves  the  Radical  Union  Delegation  be 
warded  the  seats.  [Applause  and  cheering.] 

3d.  That  the  delegates  from  Virginia,  Tennessee,  Louis- 
ana,  and  Arkansas  bo  admitted  to  all  the  privileges  of  the 
floor,  except  that  of  voting. 

4th.  That  the  delegations  from  the  Territories  and  the 
District  of  Columbia  be  admitted  to  seats  and  all  the  privi 
leges  except  that  of  voting. 

5th.  That  the  persons  presenting  themselves  as  delegates 


from  tho  State  of  South  Carolina  are  not  entitled  to  the 
rights  of  delegates  on  the  floor. 

Mr.  W.  E.  STEVENSON,  of  Virginia,  and  Mr. 
HIRAM  SMITH,  of  Oregon,  made  a  minority  re 
port,  and  recommended  that  the  delegates  from 
the  States  of  Virginia,  Louisiana,  Arkansas, 
Kansas,  Tennessee,  and  Florida,  and  from  all 
the  Territories,  be  admitted,  with  the  right 


vote. 


to 


Mr.  A.  H.  INSLET,  of  Kansas,  made  a  report 
arguing  that,  especially  in  the  cases  of  the  Ter 
ritories  of  Nebraska,  Colorado,  and  Nevada,  the 
delegates  be  admitted  with  the  right  to  vote. 

That  part  of  the  report  of  the  majority  rela 
ting  to  the  uncontested  seats  was  then  adopted. 

Mr.  KING,  of  New  York,  offered  a  substitute 
covering  three  points  in  report  of  the  majority : 

1st.  He  proposed  to  admit  both  of  the  Missouri  delega 
tions,  and  that  where  they  agree  they  cast  the  vote  to  which 


the  State  is  entitled;  where  they  disagr 
State  shall  not  be  cast. 


the  vote  of  the 


1M.  He  proposed  to  give  all  the  delegates  admitted  all 
.he  rights  and  privileges  of  delegates,  without  exception- 
.rat  that  the  District  of  Columbiaand  the  Territories  should 
lave  but  two  votes  each,  and  that  no  State,  District  or 
lerntory  should  cast  more  votes  than  it  has  delegates  pres 
ent  in  the  Convention. 

A  division  of  the  question  was  called, 
When  Mr.  KING'S  amendment  relative  to  Mis 
souri  was  lost;  and  the  report  of  the  committee, 


406 


NATIONAL   POLITICAL    CONVENTIONS. 


on  that  point,  was  adopted,  by  States,  and  as 

follows: 

Nays. 
0 
0 
0 
0 
0 
0 


Ayes. 

Maine 14 

New  Hampshire 10 

Vermont  10 

Massachusetts 24 

Rhode  Island 8 

Connecticut... 12 


New  York 66 

New  Jersey 14 

Pennsylvania 49 

Delaware 6 

Maryland 14 

Kentucky 21 

Ohio 42 

Indiana ,      ...  26 

Illinois 32 

Michigan 16 

Wisconsin 16 

Iowa 16 

Minnesota 8 

California 10 

Oregon 6 

West  Virginia 10 

Kansas 6 

440 


The  question  was  still  further  divided,  and  a 
vote  then  taken  upon  admitting  the  fifteen  del 
egates  from  Tennessee,  with  the  right  to  v*,te; 
which  was  agreed  to,  by  States,  as  follows : 

For.  Against. 

Maine 3  11 

New  Hampshire 0  lo 

Vermont 2  8 

Massachusetts 0  24 

Rhode  Island 2  6 

Connecticut 10 

New  York 66  0 

New  Jersey 14  Q 

Pennsylvania 31  21 

Delaware 1  4 

Maryland 1  13 

Missouri 19  3 

Kentucky 4  18 

Ohio 42  0 

Indiana 24  2 

Illinois 32  Q 

Michigan 2  14 

Wisconsin 15  | 

Iowa  9  7 

Minnesota 1  7 

Calif  )ruia 10  Q 

Oregon 6  0 

West  Virginia 10  o 

Kansas 6  0 


Total. 


..110 


The  delegates  from  Louisiana  and  Arkansas 
were  then  admitted,  by  States,  as  follows : 

For.      Againyt. 

Maine 3  n 

New  Hampshire 0 

Vermont.  5 

Massachusetts... 0 

Rhode  Island 1 

Connecticut 10 

New  York 61 

New  Jersey  14 

Pennsylvania 5 

Delaware 0 

Maryland 1 

Missouri 17 

Tennessee 15 

Kentucky 12 

Ohio 42 

Indiana 22 

Illinois .'„.  32 

Michigan..; "".".'  10 

Wisconsin 15 

*™!l -A "• "'.'.  14 

Minnesota. 0 

California 6 

Oregon "".'.  6 

West  Virginia 10 

Kansas 6 


Total 307 


4 
0 
0 
0 

167 


The  portions  of  the  majority  report,  as  thus 
amended,  were  then  agreed  to. 

The  Delegates  from  Nebraska,  Colorado,  and 
Nevada,  were  then  admitted  with  the  right  to 
vote. 

And  the  balance  of  the  report — admitting  the 
Delegates  from  Virginia  and  Florida,  without 
the  right  to  vote,  rejecting  the  Delegates  from 
South  Carolina,  and  admitting  the  Delegates 
from  the  remaining  Territories  without  the 
right  to  vote,  was  adopted. 

This  PLATFORM  was  then  adopted  unanimous 
ly,  as  reported  by  Mr.  Raymond,  of  New  York, 
Chairman  of  the  Committee  : 

1.  Resolved,  That  it  is  the  highest  duty  of  every  American 
citizen  to  maintain  against  all  their  enemies  the  integrity 

|  of  the  Union  and  flic  paramount  authority  of  the  Constitu- 
|  tion  and  laws  of  the  United  States;  and  that,  laying  aside 
all  duTcrfn'-es  of  politico]  opinion,  we  pledge  ourselves,  as 
Union  men,  animated  l>y  a  common  sentiment  and  aiming 
at  a  COUmon  object,  to  do  everything  in  our  power  to  aid 
the  Government  in  quelling  by  force  of  arms  the  Rebellion 
now  raging  against  its  authority,  and  in  bringing  to  the 
punishment  due  to  their  crimes  the  Rebels  and  traitors  ar 
rayed  against  it.  [Prolonged  applause.] 

2.  Resolved,  That  we  approve   the  determination  of  the 
Government  of  the  United  States  not  to  compromise  with 
Rebels,  or  to  offer  them  any  terras  of  peace,  except  such  as 
may  be  based  upon  an  unconditional   surrender  of  their 
hostility  and  a  return  to  their  just  allegiance  to  the  Consti 
tution  and  law,-,  of  the  United  States,  and  that  we  call  upon 
the  Government  to  maintain  this  position,  and  to  prosecute 
the  war  with  the  utmost  possible   vigor  to  the  complete 
suppression  of  the  Rebellion,  in  full  reliance  upon  the  self- 
sacrificing  patriotism,  the  heroic  valor  and  the  undying  de 
votion  of  the  American  people  to  their  country  and  its  free 
institutions.    [Applause.] 

3.  Resolved,  That  as  Slavery  was  the  cause,  and  now  con 
stitutes  the  strength,  of  this  Rebellion,  and  as  it  must  be, 
always  and  everywhere,  hostile  to  the  principles  of  Repub 
lican  Government,  justice  and  the  national  safety  demand 
its  utter  and  complete  extirpation   from  the  soil  of  the  Re 
public  [applause ;  j — and  that  while  we  uphold  and  maintain 
the  acts  and  proclamations   by  which   the  Government,  in 
its  own  defence,  has  aimed  a  death-blow   at   this  gigantic, 
evil,  we  are  in  favor,  furthermore,  of  such   an  amendment 
to  the  Constitution,  to  be  made  by  the  people  in  conformity 
with  its  provisions,  as  shall  terminate  and  forever  prohibit 
the  existence  of  Slavery  within  the  limits  or  the  jurisdic 
tion  of  the  United  States.     [Tremendous  applause,  the  del 
egates  rising  and  waving  their  hats.] 

4.  Resolved,  That  the  thanks  of  the  American  people  are 
due  to  the  soldiers  and   sailors  of  the  Army  and  Navy  [ap 
plause,]  who  have  periled  their  lives  in  defence  of  their 
country  and  in  vindication  ol  the  honor  of  its  flag:  that 
the  nation  owes  to  them  some  permanent  recognition  of 
their  patriotism  and  their  valor,  and  ample  and  permanent 
provision  for  those  of  their  survivors  who  have  received 
disabling  and  honorable  wounds  in  the  service  of  tho  coun 
try;  and  that  the  memories  of  those  who  have  fallen  In  its 
defence  shall  be  held  in  grateful  and  everlasting  remem 
brance.     [Loud  applause  and  cheers.] 

5.  Rcsclrcd,  That  we  approve  and  applaud  the  practical 
wisdom,  the  unselfish  patriotism  and  the  unswerving  lidel- 
ity  to  the  Constitution  and  tho  principles  of  American  lib 
erty,  with  which  Abraham   Lincoln   has  discharged,  under 
circumstances  of  unparalleled  difficulty,  tho  great  duties 
and  responsibilities  of  the  Presidential  office;  that  we  ap 
prove  and  endorse,  as  demanded  by  the  emergency  and  es 
sential  to  tho  preservation  of  the  nation  and  as  within  the 

rovisious  of  the  Constitution,  the  measures  and  acts  which 
o  his  adopted  to  defend  the  nation  against  its  open  and  se 
cret  foes:  that  we  approve,  especially,  the  Proclamation  of 
Emancipation,  and  the  employment  as  Union  soldiers  of 
men  heretofore  held  in  slavery,  [applause;]  and  that  we  have 
full  confidence  in  his  determination  to  carry  these  and  all 
other  Constitutional  measures  essential  to  the  salvation  of  tho 
country  into  full  and  complete  eftect.  [Vociferous applause.] 

6.  Resolved,  That  we  deem  it  essential  to  the  general  wel 
fare  that  harmony  should  prevail  in  the  National  Councils, 
and  we  regard  as   worthy  of  public  confidence  and  official 
trust  those  only  who  cordially  endorse  the   principles  pro 
claimed  in  these  resolutions,  and  which  should  characterize 
the  administration  of  the  Government.    [Applause.] 

7.  Resolved,  That  the  Government  owes  to  all  men  cm- 
ployed  in  its  armies,  without  regard  to  distinction  of  color, 
the  full  protection  of  the  laws  of  war,  [applause.]  and  that 
any  violation  of  these  laws,  or  of  the  usages  of  civilized 
nations  in  time  of  war,  by  the  Rebels  now  in  arms,  should 


NATIONAL   POLITICAL    CONVENTIONS. 


407 


bo  made  the  subject  of  prompt  and  full  redress.  [Prolonged 
applause.) 

8.  Ketitttd,  That  foreign  immigration,  which  in  the  past 
Las  added  so  much  to  the  wealth,  development  of  resources 
and  increase  of  power  to  this  nation,  the  asylum  of  the  op 
pressed  of  all  nations,  should  be  fostered  and  encouraged 
hy  a  liberal  and  just  policy.    [Applause.] 

9.  Resolved*  That  we  are  in  favor  of  a  speedy  construc 
tion  of  the  Railroad  to  the  Pacific  coast,     f  Applause.] 

10.  Resolved,  That  tho  National  faith,  pledged  for  the  re 
demption  of  tho  public  debt,  must  be  kept  inviolate,  and 
that  for  this  purpose  we  recommend  economy  and  rigid  re 
sponsibility  in  the  pubHc  expenditures,  and  a  vigorous  and 
just  system  of  taxation ;  and  that  it  is  the  duty  of  every 
loyal  State  to  sustain  the  credit  and  promote  the  use  of  the 
National  currency.    [Applause.] 

11.  Resolved,  That  we  approve  the  position  taken  by  the 
Government  that  the  people  of  the  United  States  can  never 
regard  with   indifference   the    attempt  of  any  European 
Power  to  overthrow  by  force  or  to  supplant  by  fraud  the 
institutions  of  any  Republican  Government  on  the  Western 
Continent — [prolonged  applause] — and  that  they  will  view 
with  extreme  jealousy,  as  menacing  to  the  peace  and  inde 
pendence  of   their  own  country,  tie  efforts  of  any    such 
power  to  obtain  new  footholds  for  Monarchial  Governments, 
sustained  by  foreign  military  force,  in  near  proximity  to  the 
United  States.    [Long-continued  applause.] 

RE-NOMINATION    OF    PRESIDENT    LINCOLN. 

The  vote  was  ta  :en  by  States,  when  all  were 
found  to  have  voted  for  Mr.  LINCOLN,  except 
Missouri — for  General  Grant. 

Before  the  announcement  of  the  result,  Mr. 
HUME,  of  Missouri,  moved  that  the  nomination 
of  ABRAHAM  LINCOLN  be  declared  unanimous. 
His  delegation  had  been  instructed  to  vote  for 
General  Grant,  but  he  was  now  in  favor  of  de 
claring  the  nomination  already  made  to  be 
unanimous. 

The  motion  was  agreed  to  amidst  a  furore  of 
applause. 

The  president  then  announced  the  result, 
stating  that  ABRAHAM  LINCOLN,  of  Illinois,  was 
the  unanimous  choice  of  the  Union  National 
party  of  the  country  for  the  next  Presidency. 

VOTE  FOR  VICE-PRESIDENT. 


STATES  AND  TERRITORIES. 


Maine 

New  Hampshire 

Vermont 

Massachusetts 

Rhode  Island 

Connecticut 

New  York 

New  Jersey 

Pennsylvania 

Delaware 

Maryland 

Louisiana 

Arkansas 

Missouri 

Tennessee , 

Kentucky..  , 

Ohio 

Indiana 

Illinois 

Michigan , 

Wisconsin 

Iowa 

Minnesota 

California 

Oregon 

Wesl  Virginia 

Kansas 

Nebraska 

Colorada 

Nevada.... 


LO 


61 


!  200    108    150  >  :.M    •_' 


JOHNSON,  and  the  final  result  reached  was  aa 
follows : 

Johnson. 

Maine 14 

New  Hampshire 10 

Vermont 10 

Massachusetts 21 

Rhode  Island 7 

Connecticut 12 

New  York 66 

New  Jersey 14 

Pennsylvania 52 

Delaware 6 

Maryland 14 

Louisiana...  14 

Arkansas 10 

Missouri 22 

Tennessee 15 

Kentucky 21 

Ohio 42 

Indiana 26 

Illinois 32 

Michigan 16 

Wisconsin 2 

Iowa 16 

Minnesota 0 

California 10 

Oregon  6 

West  Virginia. 10 

Kansas 6 

Nebraska 6 

Colorado 6 

Nevada , 6 


Dickinson. 

Hainlin. 

0 

0 

0 

0 

0 

0 

3 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

10 

4 

0 

0 

Total. 


.494 


The  PRESIDENT.  Andrew  Johnson,  having 
received  a  majority  of  all  the  votes,  is  declared 
duly  nominated  as  the  candidate  of  the  National 
Union  Party  for  Vice  President  of  the  United 
States. 

On  motion  of  Mr,  TREMAIN,  of  New  York,  the 
nomination  of  Andrew  Johnson  was  declared 
unanimous. 

After  the  transaction  of  some  routine  busi 
ness,  the  convention  adjourned. 

THE  PRESIDENT'S  RECEPTION  OF  THE  NOMINATION. 

Thursday,  June  9 — The  committee  to  ratify 
the  nominees  called  upon  the  President,  when 
the  following  proceedings  took  place  : 

Governor  Dennison,  president  of  the  conven 
tion  and  chairman  of  said  committee,  ad 
dressed  the  President  as  follows: 

MR.  PRKSIDENT  :  The  National  Union  Convention,  which 
closed  its  sittings  at  Baltimore  yesterday,  appointed  a  com 
mittee  consisting  of  one  from  each  State,  with  myself  as  its 
chairman,  to  inform  you  of  your  unanimous  nomination  by 
that  convention  for  election  to  the  office  of  President  of  the 
United  States.  That  committee,  I  have  the  honor  of  now 
informing  you,  is  present.  On  its  behalf,  I  have  also  the 
!  honor  of^presenting  you  with  a  copy  of  the  resolutions  or 

I  platform  which  were  adopted  by  that  convention,  as  expres 
sive  of  its  sense,  and  of  the  sense  of  the  loyal  people  of  the 
i  country  which  it  represents;  of  the  principles  and  the 
I  policy  that  should  characterize  the  administration  of  the 
Government  in  the  present  condition  of  the  country.  I  need 
not  say  to  you,  sir,  that  the  convention,  in  thus  unanimously 
nominating  you  for  re-election,  but  gave  utterance  to  the 
almost  universal  voice  of  tho  loyal  people  of  the  country. 
To  doubt  of  your  triumphant  election  would  be  little  short 
of  abandoning  the  hope  of  the  final  suppression  of  the  re 
bellion,  and  the  restoration  of  the  authority  of  the  Govern 
ment  over  the  insurgent  States. 

Neither  the  convention  nor  those  represented  by  that 
body  entertained  any  doubt  as  to  the  final  result.    Under 
your  administration,  sustained  by  that  loyal  people  and  by 
our  noble  army  and  gallant  navy,  neither  did  the  conven 
tion  nor  do  this  committee  doubt  tho  speedy  suppression  of 
I  this  most  wicked  and  unprovoked  rebellion.    [A  copy  of  the 
1  j  resolutions  were  here  handed  to  the  President.] 

I  should  add,  Mr.  President,  it  would  be   the  pleasure  of 


.  the  committee  to  communicate  to  yon,  within  a  few  days, 

~  ~  i  through  one  of  its  most  accomplished  members,  Mr.  Curtis, 

1  ;  of  New  York,  by  letter,  more  at  length  the  circumstances 


Several  of  the  States  changed  their  vote 


nomuiatiOQ  for 


408 


NATIONAL   POLITICAL    CONVENTIONS. 


THE  PRESIDENT'S  RESPONSE. 
The  President,  taking  the   resolutions  from 
his  pocket  where  he  had  placed  them,  and  un- 
fo'ding  the  same,  said  : 

MR.  CHAIRMAN  AM>  GKNTLEMKN  OF  THE  COMMITTEE  :  I  will 
neither  conceal  my  gratification  nor  restrain  the  expression 
of  my  gratitude  that  the  Union  people  through  their  con 
vention,  in  the  continued  effort  to  save  and  advance  the  na 
tion,  have  deemed  me  not  unworthy  to  remain  in  my 
present  position. 

I  know  no  reason  to  doubt  that  I  shall  accept  the  nomi 
nation  tendered;  and  yet,  perhaps,  I  should  not  declare 
definitely  before  reading  and  considering  what  is  called  the 
platform. 

I  will  say  now,  however,  I  approve  the  declaration  in 
favor  of  soamending  the  Constitution  as  to  prohibit  slavery 
throughout  the  nation.  When  the  people  in  revolt,  wiih  a 
hundred  days  of  explicit  notice  that  they  could  within  those 
days  resume  their  allegiance  without  the  overthrow  of  their 
institutions,  and  that  they  could  not  resume  it  afterwards, 
elected  to  stand  out,  such  amendment  to  the  C  nstitution  as 
is  now  proposed  became  a  fitting  and  necessary  conclusion 
to  the  final  success  of  the  Union  cause.  Such  alone  can 
meet  and  cover  all  cavils.  Now,  the  unconditional  Union 
men,  North  and  South,  preceivo  ils  importance,  and  em 
brace  it.  In  the  joint  names  of  Liberty  and  Union,  let  us 
labor  to  give  it  legal  form  and  practical  effect. 

Same  day,  a  delegation  of  the  National  Union 
League  called  upon  the  President,  to  congratu 
late  him  upon  his  re-nomination,  to  whom  he 
made  this  reply  : 

GENTLEMEN  :  I  can  only  say  in  response  to  the  kind  re 
marks  of  your  chairman,  as  I  suppose,  that  I  am  very  grate 
ful  tor  the  renewed  confidence  which  has  been  accorded  to 
me  both  by  the  Convention  and  by  the  National  League.  I 
am  not  insensible  at  all  to  the  personal  compliment  there 
is  in  this,  and  yet  I  do  not  allow  myself  to  believe  that  any 
but  a  small  portion  of  it  is  to  be  appropriated  as  a  personal 
compliment.  That  really  the  Convention  and  the  Union 
League  assembled  with  a  higher  view — that  of  taking  care 
of  the  interests  of  the  country  for  the  present  and  the 
great  future — and  that  the  part  I  am  entitled  to  appropriate 
as  a  compliment  is  only  that  part  which  T  may  lay  hold  of 
as  being  the  opinion  of  the  Convention  and  of  the  League, 
that  I  am  not  entirely  unworthy  to  be  entrusted  with  the 
place  which  I  have  occupied  for  the  last  three  years.  But  I 
do  not  allosv  myself  to  suppose  that  either  the  Convention 
or  the  League  have  concluded  to  decide  that  I  am  either  the 
greatest  or  best  man  in  America,  but  rather  they  have  con- 
clurtod  that  it  is  not  best  to  swap  horsos  while  crossing  the 
river,  and  have  further  concluded  that  I  am  not  so  poor  a 
horse  that  they  might  not  make  a  botch  of  it  in  trying  to 
swap.  [Laughter  and  applause.] 

To  a  delega'ion  from  Ohio  he  said  : 

SPEECH  OF  PRESIDENT  LINCOLN. 

GENTLEMEN:  I  am  very  much  obliged  to  you  for  this  com 
pliment.  I  have  just  been  saying,  and  as  I  have  just  said 
it.  I  will  repeat  it :  The  hardest  of  all  speeches  which  I  have 
to  answer  is  a  serenade.  I  never  know  what  to  say  on  such 
occasions.  I  suppose  that  you  have,  done  me  this  kindness 
in  connection  with  the  action  of  the  Baltimore  Convention, 
which  has  recently  taken  place,  and  with  which,  of  course, 
I  am  very  well  satisfied.  [Laughter  and  applause.]  What 
we  want  still  more  than  Baltimore  Conventions  or  Presi 
dential  elections  is  success  under  General  Grant.  [Cries  of 
"Good,"  and  applause.]  I  propose  that  you  constantly  bear 
in  mind  that  the  support  you  owe  to  the  brave  officers  and 
soldiers  in  the  field  is  of  the  very  first  importance,  and  we 
should  therefore  bond  all  our  energies  to  that  point.  Now, 
without  detaining  you  any  longer,  I  propose  that  3-011  help 
me  to  close  up  what  I  am  now  saying  with  three  rousing 
cheers  for  General  Grant  and  the  officers  and  soldiers  under 
his  command. 

PRESIDENT  LINCOLN'S  ACCEPTANCE. 

NEW  YORK,  June  14, 1864. 
Hon.  ABRAHAM  LINCOLN: 

SIR:  The  National  Union  Convention,  which  assembled 
in  Baltimore  on  June  7,  1804.  has  instructed  us  to  inform 
you  that  you  were  nominated  with  enthusiastic  unanimity 
for  the  Presidency  of  the  United  States  for  four  years  from 
the  4th  of  March  next. 

The  resolutions  of  the  Convention,  which  we  have  already 
had  the  honor  of  placing  111  your  hands,  are  a  full  and  clear 
statement  of  the  principles  which  inspired  its  action,  and 
which,  as  we  believe,  the  great  body  of  Union  men  in  the 
country  heartily  approve.  Whether  those  resolutions  ex 
press  the  national  gratitude  to  our  soldiers  and  sailors;  or 
the  national  scorn  of  compromise  with  Rebels,  ami  conse 


quent  dishonor;  or  the  patriotic  duty  of  union  and  snccow; 
whether  they  approve  the  Proclamation  of  Emancipation, 
the  constitutional  amendment,  the  employment  of  former 
slaveK  as  Union  soldiers,  or  the  solemn  obligation  of  th» 
Government  promptly  to  redress  the  wrongs  of  every  sol 
dier  of  the  Union,  of  whatever  color  or  race;  whether  they 
declare  the  inviolability  of  the  pledged  faith  of  the  nation, 
or  offer  the  national  hospitality  to  the  oppressed  of  every 
land,  or  urge  the  union  by  railroad  of  the  Atlantic  and  Pa 
cific  oceans;  whether  they  recommend  piibli'-  economy  and 
vigorous  taxation,  or  assert  the  fixed  popular  opposition  to 
the  establishment  by  armed  force  of  foreign  monarchies  in 
the  immediate  neighborhood  of  the  United  States,  or  de 
clare  that  those  only  are  worthy  of  official  trust  who  ap 
prove  unreservedly  the  views  and  policy  indicated  in  the 
resolutions— they  wore  equally  hailed  with  the  heartiness 
of  profound  conviction. 

Believing  with  you.  sir,  that  this  is  the  people's  war  for 
the  maintenance  of  u  Government  which  you  have  ju-tly 
described  as  "of  the  people,  by  the  people,  for  the  people," 
wo  are  very  sure  tbar,  you  will  be  glHd  to  know,  not  only 
from  the  resolutions  themselves,  but  from  the  singular 
harmony  and  enthusiasm  with  which  they  were  adopted, 
how  warm  is  the  popular  welcome  of  every  measure  in  the 
prosecution  of  the  war,  which  is  as  vigorous,  unmistakable, 
and  unfaltering  as  the  national  purpose  itself.  No  rijjht, 
for  instance,  is  so  precious  and  sacred  to  the  American 
heart  as  that  of  personal  liberty.  Its  violation  is  regnrded 
with  just,  instant,  and  universal  jealousy.  Yet  in  this  hour 
of  peril  every  faithful  citizen  concedes  that,  for  the  sake  of 
national  existence  and  the  common  welfare,  individual  lib 
erty  may,  as  the  Constitution  provides  in  the  case  of  rebel 
lion,  bo  sometimes  summarily  constrained,  asking  only  with 
painful  anxiety  that  in  every  instance,  and  to  the  least  de 
tail,  tbat  absolutely  necessary  power  shall  not  be  hastily  or 
unwisely  exercised. 

We  believe,  sir,  that  the  honest  will  of  the  Union  men  of 
the  country  was  never  more  truly  represent  -d  than  in  thin 
Convention.  Their  purpose  we  believe  to  be  the  overthrow 
of  armed  rebels  in  the  field,  and  th«  security  <>f  permanent 
peace  and  union  by  liberty  and  justice  under  the  Constitu 
tion.  That  these  results  are  to  bo  achieved  ami.l  cruel  per 
plexities,  they  are  fully  aware.  That  they  are  to  be  reached 
only  by  cordial  unanimity  of  counsel,  is  undeniable.  That 
good  men  may  sometimes  differ  as  to  the  means  and  the 
time,  they  know.  That  in  '.he  conduct  rf  all  human  affairs 
the  highest  duty  is  to  determine,  in  the  angiy  conflict  of 
passion,  how  much  good  may  be  practically  accomplished, 
is  their  sincere  persuasion.  They  havo  watched  your  offi 
cial  course,  th-refore.  with  unfl-icging  attention ;  and  amid 
the  bitter  taunts  of  eager  friends  and  the  fierce  denuncia 
tion  of  enemies,  now  moving  too  fast  for  some,  now  too 
slowly  for  others,  they  havo  seen  you  throughout  this  tre 
mendous  contest  patient, sagacious,  faithful,  just;  leaning 
upon  the  heart  of  the  great  mass  of  the  people,  and  satis 
fied  to  be  moved  by  its  mi  -My  pulsations. 

It  is  for  this  reason  that,  long  before  the  Convention  met, 
the  popular  instinct  had  plainly  indicated  you  as  its  candi 
date  ;  and  the  Convention,  therefore,  merely  recorded  the 
popular  will.  Your  character  and  career  prove  3'our  un 
swerving  fidelity  to  the  cardinal  principles  of  American 
Liberty  and  of  the  American  Constitution.  In  the  name  of 
that  Liberty  and  Constitution,  sir,  we  earnestly  request 
your  acceptance  of  this  nomination.  Reverently  commend 
ing  our  beloved  country,  and  you,  its  Chief  Magistrate,  with 
all  its  brave  sons  who,  on  sea  and  land,  are  faithfully  do- 
fending  the  good  old  American  cause  of  equal  rights,  to  the 
blessing  of  Almighty  God, 

We  are,  sir,  very' respectfully,  your  friends  and  fellow- 
citizens, 

WILLIAM  DENNTSON.  Ohio,  Chairman. 

.TOSIAII  H.  DRUMMOND  Maine. 

THOMAS  E.  SAWYER,  New  Hampshire. 

BRADLEY  BARLOW.  Vermont. 

A.  II.  BULLOPK.  Massachusetts. 

A.  M.  CAMPBELL,  Rhode  Island. 

C.  S.  BUSIINELL,  Connecticut. 

G.  W.  CURTIS,  New  York. 

W.  A.  NEWELL,  New  Jersey. 

HENRY  .JOHNSON,  Pennsylvania, 

N.  B.  SMITH i:RS.  Delaware. 

W.  L.  W.  SEABUOOK,  Maryland. 

JOHN  F.  HUME.  Missouri. 

G.  W.   HAlCiHT.  Kentucky- 

E.  P.  PYFFE.  Ohio. 

CYRUS  M.  ALLEX,  Indiana. 

w.  BUSHNI:LL.  Illinois. 

L.  P.  ALEXANDER.  Michigan, 
A.  W.  RANDALL.  Wisconsin. 
PETER  VAL1NDA,  Iowa. 
THOMAS  SIMPSON,  Minnesota. 
JOHN  BIDWELL.  California. 
THOMAS  II.  PEARN K.Oregon. 
LEROY  KRAMER,  West  Virginia. 


NATIONAL   POLITICAL    CONVENTIONS. 


409 


A.  C.  WILDER.  Kansas. 
M.  M.  Bit  VAN,  Tennessee. 
T.   WINTER,     Nevada. 
A.  A.  ATOCHA.  Louisiana. 
A.  S.  PADDOCK.  Nebraska. 
VALENTINE  DELL,  Arkansas. 
JOHN  A.  NYE,  Colorado. 
A.  B.  SLOANAKER,  Utah. 

EXECUTIVE  MANSION.  WASHINGTON,  June  27, 1864. 
Hon.  WILLIAM  DENNISON  and  others,  a  Committee  of  the  Na 
tional  Union  Conwntion : 

GENTLEMEN  :  Your  letter  of  the  14th  instant  formally  no 
tifying  me  that  I  have  been  nominated  by  the  convention 
you  represent  for  the  Presidency  of  the  United  States  for 
four  years  from  the  4th  of  March  next,  has  been  received. 
The  nomination  is  gratefully  accepted,  as  the  resolutions  of 
the  convention,  called  the  platform,  are  heartily  approved. 
While  the  resolution  in  regard  to  the  supplanting  of  re 
publican  government  upon  the  western  continent  is  fully 
concurred  in,  there  might  be  misunderstanding  were  I  not 
to  say  that  the  position  of  the  Government  in  relation  to 
the  action  of  France  in  Mexico  as  assumed  through  the 
State  department  and  indorsed  by  the  Convention,  among 
the  measures  and  acts  of  the  Executive,  will  be  faithfully 
maintained  so  long  as  the  state  of  facts  shall  leave  that  posi 
tion  pertinent  and  applicable. 

I  am  especially  gratified  that  the  soldier  and  the  seaman 
were  not  forgotten  by  the  Convention,  as  they  forever  must 
and  will  be  remembered  by  the  grateful  country  for  whose 
salvation  they  devote  their  lives. 

Thanking  you  for  the  kind  and  complimentary  terms  in 
which  you  have  communicated  the  nomination  and  other 
proceedings  of  the  convention,  I  subscribe  myself, 
Your  obedient  servant, 

ABRAHAM  LINCOLN. 

HON.  ANDREW  JOHNSON'S   LETTER  OF  ACCEPTANCE. 

NASHVILLE,  TENN.,  July  2, 1864. 
H  u.  WM.   DENNISON,   Chairman,  and  others,  Committee  of 

the  National  Union  Convention  : 

GENI LE.MKN  :  Your  communication  of  the  9th  ult. ,  inform 
ing  me  of  my  nomination  for  tho  Vice  Presidency  of  the 
United  States,  by  the  National  Union  Convention,  held  at 
Baltimore,  and  enclosing  a  copy  of  the  resolutions  adopted 
by  that  body,  was  not  received  until  the  25th  ult. 

A  reply  on  my  part  had  been  previously  made  to  the  ac 
tion  of  the  Convention  in  presenting  my  name,  in  aspsech 
delivered  in  this  cit  ,  on  the  evening  succeeding  the  day  of 
the  adjournment  of  tho  Convention,  in  which  I  indicated 
my  acceptance  of  the  distinguished  honor  conferred  by  that 
body,  and  defined  the  grounds  upon  which  that  acceptance 
was  based,  substantially  saying  what  I  now  have  to  say. 
From  the  comments  made  upon  that  speech  by  the  various 
presses  of  the  country  to  which  my  attention  has  been  di 
rected,  I  considered  it  to  bo  regarded  as  a  full  acceptance. 

In  view,  however,  of  the  desire  expressed  in  your  com 
munication,  I  will  more  fully  allude  to  a  few  points  that 
have  been  heretofore  presented.  My  opinions  on  the  lead 
ing  questions  at  present  agitating  and  distracting  the  public 
mind,  and  especially  in  reference  to  the  rebellion  now  being 
wage  J  ag.iinst  the  Government  and  authority  of  the  United 
Slates,!  presume,  are  generally  understood.  Before  tho 
southern  people  assumed  a  belligerent  attitude,  (and  fre 
quently  since,)  I  took  occasion  most  frankly  to  declare  the 
views  I  then  entertained  in  relation  to  the  wicked  purposes 
of  the  southern  politicians.  They  have  since  undergone 
but  little,  if  any  change.  Time  and  subsequent  events  have 
rather  confirmed  than  diminished  my  confidence  in  their 
co— 'ectncss. 

At  the  beginning  of  this  great  struggle  I  entertained  the 
same  opinion  of  it  I  do  now,  and  in  my  place  in  the  Senate 
I  denounced  it  as  treason,  worthy  the  punishment  of  death, 
and  warned  the  Government  and  people  of  tho  impending 
danger.  But  my  voice  was  not  heard  or  counsel  heeded 
until  it  was  too  late  to  avert  tho  storm.  It  still  continued 
to  gather  over  us  without  molestation  from  the  authorities 
at  Washington,  until  at  length  it  broke  with  all  its  fury 
upon  the  country.  And  now,  if  we  would  save  the  govern 
ment  from  being  overwhelmed  by  it,  we  must  meet  it  in  the 
true  spirit  of  patriotism,  and  bring  traitors  to  the  punish 
ment  due  their  crime,  and  by  force  of  arms  crush  out  and 
subdue  the  last  vestige  of  rebel  authority  in  every  State. 
I  felt  then  as  now  that  the  destruction  of  the  government 
was  deliberately  determined  upon  by  wicked  and  designing 
conspirators,  whose  lives  and  fortunes  were  pledged  to  carry 
it  out,  and  that  no  compromise,  short  of  an  unconditional 
recognition  of  the  independence  of  the  southern  States, 
•  •ould  have. been  or  could  now  be  proposed  which  they 
would  accept.  The  clamor  for  «•  southern  rights/'  as  tho 
rebel  journals  were  pleased  to  designate  their  rallying  cry, 
was  not  to  secure  their  assumed  rights  in  the  Union  a/id 
t  Cmtslitutifm.  but  to  disrupt  the  government  aud 


establish  an  independent  organization  based  upon  slavery, 
which  they  could  at  all  times  control. 

The  separation  of  the  Government  has  for  years  been  the 
cherished  purpose  of  the  southern  leaders.  Baffled,  in  !So2, 
by  tho  stern,  patriotic  heroism  of  Andrew  Jackson,  they 
sullenly  acquiesced,  only  to  mature  their  diabolical  schemes, 
and  await  the  recurrence  of  a  more  favorable  opportunity 
to  execute  them.  Then  the  pretext  was  the  tariff,  and 
Jackson,  after  foiling  their  schemes  of  nullification  and  dis 
union,  with  prophetic  perspicacity,  warned  the  country 
against  the  renewal  of  their  efforts  to  dismember  the  Gov 
ernment. 

In  a  letter  dated  May  1, 1833,  to  the  Rev.  A.  J.  Crawford, 
after  demonstrating  the  heartless  insincerity  of  the  south 
ern  nullifiers,  he  said : 

"  Therefore  the  tariff  was  only  a  pretext,  and  disunion 
and  a  southern  confederacy  the  real  object.    The  noxt  pre- 
i  text  will  be  tho  negro,  or  slavery  question." 

Time  has  fully  verified  this  prediction,  and  we  have  now 
!  not  only  "  the  negro,  or  slavery  question,"  as  the  pretext, 
|  but  the  real  cause  of  tho  rebellion,  and  both  must  go  down 
I  together.    It  is  vain  to  attempt  to  reconstruct  the  Union 
with  the  distracting  element  of  slavery  in  it.    Experience 
I  has  demonstrated  its  incompatibility  with  free  and  republi- 
j  can  governments,  and  it  would  be  unwise  and  unjust  longer 
I  to  continue  it  as  one  of  the  institutions  of  the  country. 
!  While  it  remained  subordinate  to  the  Constitution  and  lawa 
of  the  United  States  I  yielded  to  it  my  support,  but  when 
it  became  rebellious  and  attempted  to  rise  above  the  Gov 
ernment,  and  control  its  action,  I  threw  my  humble  influ 
ence  against  it. 

Tho  authority  of  the  Government  is  supreme,  and  will 
admit  of  no  rivalry.  No  institution  can  rise  above  it,  whether 
it  be  slavery  or  any  other  organized  power.  In  our  happy 
form  of  government  all  must  be  subordinate  to  the  will  of 
the  people,  when  reflected  through  the  Constitution  and 
laws  made  pursuant  thereto — State  or  Federal.  This  great 
principle  lies  at  tho  foundation  of  every  government,  and 
cannot  be  disregarded  without  the  destruction  of  tho  gov 
ernment  itself.  In  the  support  and  practice  of  correct 
principles  we  can  never  reach  wrong  results,  and  by  rigor- 
oiisly  adhering  to  this  great  fundamental  truth  the  end  will 
be  the  preservation  of  tho  Union  and  the  overthrow  of  an 
institution  which  has  made  war  upon  and  attempted  the 
destruction  of  the  government  itself. 

The  mode  by  which  this  great  change — the  emancipation 
of  the  slave — can  be  effected,  is  properly  found  in  the  power 
to  amend  the  Constitution  of  the  United  States.  This  plan 
is  effectual,  and  of  no  doubtful  authority ;  and  while  it  does 
not  contravene  the  timely  exercise  of  the  war  power  by 
the  President  in  his  emancipation  proclamation,  it  comes 
stamped  with  the  authority  of  the  people  themselves,  acting 
in  accordance  with  the  written  rule  of  the  supreme  law  of 
the  land,  and  must,  therefore,  give  more  general  satisfaction 
and  quietude  to  the  distracted  public  mind. 

By  recurring  to  the  principles  contained  in  the  resolu 
tions  so  unanimously  adopted  by  the  Convention,  I  find  that 
they  substantially  accord  with  my  public  acts  and  opinions 
heretofore  made  known  and  expressed,  and  are,  therefore, 
most  cordially  indorsed  and  approved  ;  and  the  nomination, 
having  been  conferred  without  any  solicitation  on  my  part, 
it  is  with  the  greater  pleasure  accepted. 

In  accepting  the  nomination  I  might  here  close,  but  I 
cannot  forego  the  opportunity  of  saying  to  my  old  friends 
of  the  Democratic  party  proper,  with  whom  I  have  so  long 
and  pleasantly  been  associated,  that  tho  hour  has  now  come 
when  that  great  party  can  justly  vindicate  its  devotion  to 
true  democratic  policy  and  measures  of  expediency.  The 
war  is  a  war  of  great  principles.  It  involves  the  supremacy 
and  life  of  the  Government  itself.  If  the  rebellion  triumphs 
five  government  North  and  South  fails.  If,  on  the  other 
hand,  tho  Government  ia  successful,  as  I  do  not  douM.  its 
destiny  is  fixed,  its  basis  permanent  and  enduring,  and  its 
career  of  honor  and  glory  just  begun.  In  a  great  contest 
like  this  for  the  existence  of  free  government  the  path  of 
duty  is  patriotism  and  principle.  Minor  considerations  and 
questions  of  administrative  policy  should  give  way  to  the 
higher  duty  of  first  preserving  the  Government,  and  then 
there  will  be  time  enough  to  wrangle  over  the  men  and 
measures  pertaining  to  its  administration. 

This  is  not  the  huur  for  strife  and  division  among  our 
selves.  Such  differences  of  opinion  only  encourage  the 
enemy,  prolong  the  war,  and  waste  the  country.  Unity  of 
action  and  concentration  of  power  should  be  our  watchword 
and  rallying  cry.  This  accomplished,  the  time  will  rapidly 
approach  when  their  armies  in  the  field — the  great  power 
of  the  rebellion — will  bo  bro'.cen  and  crushed  by  our  gallant 
officers  and  brave  soldiers,  and  ere  long  they  will  return  to 
their  hom^s  and  firesides  to  resume  again  the  avocations  of 
peace,  with  the  proud  consciousness  that  they  have  aided 
in  the  noble  work  of  re-establishing  upon  a  surer  and  more 
permai  cut  basis  the  great  temple  of  American  freedom. 

I  am,  gentlemen,  with  sentiments  of  high  regard,  yours 
truly,  ANDREW  JOHNSON. 


410 


NATIONAL    POLITICAL    CONVENTIONS. 


The    National    Union    League— The 
Platform  Adopted. 

BALTIMORE,  June  8,  18C4. 
The  following  .are  the  resolutions  passed  by 
the  Grand  National  Council  of  the  Union 
League  of  America,  assembled  at  the  New  As 
sembly  Rooms  in  this  city.  The  injunction  of 
secrecy  has  been  removed  : 

1.  Resolved,  That  wo  will  support  the  Administration  in  the 
vigorous  prosecution  of  the  war  to  tho  complete  and  final 
8'jpprossion  of  tho  rebellion,  and  to  this  we  pledge  all  our 
energies  and  efforts. 

2.  Resolved,  That  slavery,  being  the  cause  of  the  rebellion 
and  the  bond  of  union  among  traitors,  ought  to  be  abolished 
without  delay,  and  it  is  the  sense  of  this  organization  that, 
slavery,  in  all  its  forms,  should  be  prohibited  by  an  amend- 
to  the  Federal  Constitution. 

3.  Resolved,  That  we  hereby  approve  of  the  principles  in 
volved  in  the  policy  known  as  tho  Monroe  doctrine. 

4.  Resolved,  That  the  confiscation  acts  of  Congress  should 
be  promptly  and  vigorously  enforced,  and  that  homesteads 
on  the  lands  confiscated  under  it  should  be  granted  to  our 
soldiers  and  others   who  have  been   made  indigent  by  the 
act:-!  of  traitors  and  rebels. 

5.  Resolved,  That  every  person  whobearsarms  in  defence 
of  the  national  flag,  is   entitled,  without  distinction  of  color 
or  nationality,  to  the  protection  of  the  government  he  de 
fends,  to  the  full  extent  of  that  government's  power. 

6.  Resolved,  That  we  hereby  tender  our  thanks  to  the 
soldiers  of  tho  army  and  the  sailors  of  the  navy. 

The  Cleveland  Convention. 

May  31 — A  convention  of  about  three  hun 
dred  and  fifty  persons,  as  reported,  met  in 
Cleveland,  pursuant  to  sundry  calls: 

A  GALL  TO  THE  RADICAL  MEN  OF  THE  NATION. 

Whereas  a  Convention  has  been  called  by  certain  parties 
favorable  to  changing  the  present  Administration,  and  for 
the  purpose  of  "counseling  concerning  the  approaching 
Presidential  election."  to  meet  f  n  th«  city  of  Cleveland,  Ohio, 
on  Tuesday,  the  :)lst  of  the  present  month ;  and  whereas  we 
are  glad  to  learn  that  such  a  convention  is  toasseinble,  and 
having  confidence  that  the  objects  of  those  issuing  the  call 
are  in  unison  with  those  of  the  radical  men  of  the  country; 

Therefore,  the  undersigned,  having  been  appointed  by  the 
"Central  Fremont  Club''  of  the  city  «»f  New  York,  for  that 
purpose,  do  hereby  invite  their  radical  fellow-citi/ens  in 
every  State,  county,  and  town  throughout  the  country  to 
meet  them  in  tho  above-named  Convention,  on  the  said 
Tuesday,  the  ."1st  of  this  month,  in  order.  th<-n  and  there, 
to  recommend  the  nomination  of  .Mm  C.  Fremont  for  the 
Presidency  of  the  United  States,  and  to  assist  in  organi/in" 
for  his  election. 

The  imbecileand  vacillatingpolicy  of  (he  present  Admin 
istration  in  the  conduct  of  the  war,  being  just  \\cak  enough 
to  waste  its  men  and  means  to  provoke  (lie  enemy,  but  lint 
strong  enough  to  conquer  the  rebellion — and  its  'treachery 
to  justice,  freedom,  and  genuine  democratic  principles  iii  | 
its  plan  of  reconstruction,  whereby  the  honor  and  diirnity  ' 
of  the  nation  have  been  sacrificed  to  conciliate  the  sliTl  ex-  ' 
isting  and  arrogant  slave  power,  and  to  further  the  ends  of  j 
im  unscrupulous  partisan  ambition — call   in  thunder  tones 
upon  the  lovers  of  justice  and  their  country  to  come  to  the 
rescue  of  the  imperiled  nationality  and  the' cause  of  impar-  \ 
tial  and  universal  freedom,  threatened  with  betrayal  and  I 
overthrow. 

The  way  to  victory  and  salvation  is  plain.  Justice  must  j 
be  throned  in  the  seats  of  national  legislation,  and  guide 
the  executive  will.  The  things  demanded,  and  which  we  I 
ask  you  to  join  us  to  render  sure,  are,  the  immediate  fxtinc-  \ 
(ion  of  slnreri/  throughout  tlie  whole  United  States  by  Con-  ! 
yrcssifrnal  act  inn,  the  absolute  equality  of  all  men  before  the.  \ 
taw,  without  regard  to  race  or  color,  and  such  a  plan  of  re-  I 
construction  as  shall  conform  entirely  to  the  polic>/  of  free-  \ 
dont  for  all,  placing  the  political  power  alone  in  the  hands  I 
«/'  tin:  loi/al,  and  executing  with  vifjor  the  law  for  confiscat 
ing  the  proper!.'/  of  Ike  Tebf.li. 

Come,  then,  in  formidable  numbers,  and  let  us  take  coun 
sel  together,  in  this  crisis  of  the  nation's  calamity,  and,  with 
one  united  effort,  endeavbr  to  redeem  the  country  from  sla 
very  and  war,  that  it  may  be  consecrated  to  FHEKDOM  and 
PEACE  FOREVER  MORE.  Men  of  God !  Men  of  humanity! 
Lovers  of  justice!  Patriots  and  freemen!  One  and  all, 
rally ! ! 

Most  respectfully,  your  fellow-citi/.ens, 
DAVID  PLTMB. 
EDWARD  GILBERT, 


FREDERICK  KAPP, 
ERXKST  KRACKO  \VI7.ER, 
WILLIAM  J.  DEMARKST, 

Committee 
NEW  YORK,  May  6, ISfri. 

The  undersigned  join  in  tho  foregoing  call: 

Geo.  B.  Cheevcr,  N.  Y.  Pantal.-on  Candidus,  N.  Y. 

Henry  T.  Cheevcr,  Mass.  R.  F.  Hil.bard,  N.  Y. 

.].  W.  Alden,  N.  J.  Edmund  Tuttle,  Conn. 

F.  O.  Irish,  N.  Y.  Peter  G.  Tuttle,  Coun. 

William  Goodell,  N.  Y.  F.  N.  Bivby.  Conn. 

S.  S.  Jocelyn,  N.  Y.  James  K.  Surtliff,  Conn. 

E.  Cady  Stanton,  N.  Y.  James  Tuttle,  Conn. 

Win.  F.  Knowlcs,  N.  Y.  E.  B.  Hall,  Conn. 

W.  II.  Woodruff,  N.  J.  Edward  II.  Tuttle,  Conn. 

C.  Fromont,  N.  Y.  S.  B.  Hall,  Conn. 

Ira  II.  Cobb,  N.  Y.  George  II.  Sears,  N.  Y. 

Doct.  II.  Joslyn,  N.  Y.  Nathaniel  K.  Harris,  N.  Y, 

II.  L.  Green.  N.  Y.  C.  E.  Hawlev.  Conn. 

T.  0.  Warner,  N.  Y.  C.  It.  Smith,'  N.  Y. 

.7.  Ilenrv  Warner,  N.  Y.  J.  (J.  Livingston,  N.  Y. 

T.  0.  Warner,  jr.,  N.  Y.  Edwin  Ferris,  N.  Y. 

E.  M.  Mason,  Mich.  Joe)  Grceley,  X.  Y. 

Chas.  A.  Lane,  N.  Y.  Win.  Gilbert,  N.  Y. 
David  C.  Harrington,  N.  Y.  Henry  H.  Harrington,  N.  Y. 

A.  S.  Bctts,  N.  Y.  Stephen  Kelts,  X.  Y. 
David  Downs,  \.  Y.  Win.  II.  II.  Downs,  N.  Y. 
W.  II.  Hathaway,  X.  Y.  C.  S.  Middlebn.ok,  Conn. 
T.  C.  Harrison,  X.  J.  A.  K.  Pratt,  Midi. 

J.  U.  Johnson,  Va.  Win.  Ciiiiiini.-isr,  Mich. 

James  W.  Vail,  Wis.  Ira  Chase,  Midi. 

Elisha  Galpin.  Mich.  C.  C.  Footc,  Mich. 

B.  A.  Fay,  Mich.  Elisha  Hill,  Mich. 

A.  J.  Fay,  Mich.  Robert  Garner,  Mich. 

Thomas  C.  Post,  N.  Y. 

TO  THE  PEOPLE  OF  THE  UNITED  STATES. 
After  having  labored  ineffectually  to  defer  as  far  as  Was 
in  our  power  the  critical  moment  when  the  attention  of  the 
people  "must  inevitably  be  fixed  upon  the  selection  of  a  can 
didate  for  the  Chief  Magistracy  of  the  country;  after  hav 
ing  interrogated  our  conscience  and  consulted  our  duty  a* 
citi/.ens,  obeying  at  once  the  sentiment  of  a  mature  convic 
tion  and  a  profound  affection  for  the  common  country,  we> 
feel  ourselves  impelled,  on  our  own  ivsponsil.ilitv,  to  declare 
to  the  people  that  the  time  has  come  f»r  all  independent 
men,  jealous  of  their  liberties  and  of  the  national  great 
ness,  to  confer  together  and  unite  to  resist  the  swelling  in- 
'asion  of  an  open,  shameless,  and  ninv.il  rained  patronage 
which  threatens  to  engulf  under  its  destriu live  wave  the 
ights  of  the  people,  the  liberty  and  dignity  of  the  nation. 

Deeply  impressed  with  the  com  icti"n  that,  in  a  time  of 
revolution,  when  the  public  attention  is  turned  exclusively 
to  the  success  of  armies,  and  is  consequently  less  vigilant 
of  rim  piiMic  liberties,  the  patronage  derived  from  the 
nrgiUii/iition  of  an  army  of  a  million  of  men,  and  an 
administration  of  affairs  which  seeks  tocontro)  the  remotest 
parts  of  (he  country  in  favor  <,  fits  supreme  chief,  constitute 
a  danger  seriously  threatening  to  the  stability  of  republican 
institutions,  we  declare  that  the  principle  of  one  te-ai, 
which  has  now  acquired  nearly  the  force  of  law  by  the  con 
secration  of  time,  ought  to  be  inflexibly  adhered  to  in  tho 
approaching  election. 

AVe  further  declare-  that  we  do  not  recogni/.c  in  the  Balti 
more  Convention  the  essential  conditions  of  a  truly  National 
Convention.  Its  proximity  to  the  centre  of  all  the  interested 
influences  of  administration,  its  distance  from  the  centre  of 
the  country,  its  mode  of  convocation,  the  corrupting  prac 
tices  to  which  it  has  been  and  inevitably  will  be  subjected, 
do  not  permit  the  people  to  assemble  there  with  any  expecta 
tion  of  being  able  to  deliberate  at  full  liberty.  Convinced, 
as  we  arc,  that  in  presence  of  the  critical  circumstances  in 
which  the  nation  is  placed,  it  is  only  in  the  energy  and  good 
sense  of  the  people  that  the  general  safety  can*  bo  found, 
satisfied  that  the  only  way  to  consult  it  is  to  indicate'  a 
central  position  to  which  every  one  may  go  without  too 
much  expenditure  of  means  and  time,  and  where  the 
assembled  people,  far  from  all  administrative  influence,  may 
consult  freely  and  deliberate  peaceably  with  the  presence 
of  the  greatest  possible  number  of  men  whose  known 
principles  guarantee  their  sincere  and  enlightened  devotion 
to  the  rights  of  the  people  and  to  the  preservation  of  the 
true  basis  of  republican  government — we  earnestly  invite 
our  fellow-citi/.ens  to  unite  at  Cleveland,  Ohio,  on  Tuesday, 
the  olst  of  May  next,  for  consultation  and  concert  of  action 
in  respect  to  the  approaching  Presidential  election. 
B.  C.ratx.  Brown,  Mo.  Frederick  Kapp,  X.  Y. 

Stephen  S.  Foster,  Mass.       Charles  E.  Moss.  Mo. 
A.  Van  Antwerp,  X.  Y.         E.  G.  Parker,  Me. 
Bird  B.  Chapman,  Ohio.        Ernest  Piucssing,  111. 
E/ra  C.  Andrews,  Me.  Win.  D.  Robinsin.  Me. 

Henry  A.  Clover,  Miss.          John  S.  Savery,  N.  Y. 
Puter  Engleman,  Wis.  E.  ClusereL 


NATIONAL    POLITICAL    CONVENTIONS. 


'V       OF  THK         vj 

[WI7ERSIT 


Caspar  Butz,  111. 

Emil  Pretorius,  Mo. 

George  Field,  N.  Y. 

Nath.  P.  Sawyer,  Pa, 

Edward  Gilbert,  N.  Y. 

Ernest  Schmidt,  111. 

Peter  Gillen,  N.  Y. 

James  Redpath,  Mass. 

laoac  W.  Ilaff,  N.  Y. 

Walter  II.  Slmpc,  Ohio. 

Win.  Homes,  N.  Y. 

Wm.  11.  Smith,  Me. 

James  Hill.  Me. 

P.  W.  Kenyon,  N.  Y. 

K.  lleiuy.cn.  Mass. 

James  Taussig,  Mo. 

S.  P.  Dimmore,  D.  C. 

And.  Humbert,  Pa. 

Ph.  Stoppelrein,  N.  Y. 
Wm.  II.  Dwindle,  N.  Y. 

J.  W.  Alclen,  N.  J. 

Samuel  Taylor. 

L.  Sieboldt,  Iowa. 

Jas.  S.  Thomas,  Mo. 

Win.  Morris  Davis,  Pa.         F.  Munch,  Mo. 

E.  M.  Davis,  Pa. 

J.  Q.  Westbrook,  Me. 

Wm.  F.  Johnston,  Pa. 

J.  F.  Whipple,  N.  Y. 

THEO. 

OLSIIAUSEN,  Missouri, 

of  the  People's  Committee. 
TO   THE    PEOPLE. 

Citizens  of  the  United  States  who  mean  to  uphold  the 
Union, who  believe  that  the  rebellion  can  be  suppressed  with 
out  tnfrlDgiug  the  rights  of  individuals  or  of  States,  who 
regard  the  extinction  of  slavery  as  among  the  practical 
effects  of  the  war  for  the  Union,  and  lavor  an  amendment 
of  the  Federal  Constitution  for  the  exclusion  of  slavery,  and 
who  demavd  integrity  arid  economy  in  the  administration 
of  government,  are  respectfully  invited  to  m-et  in  Mass 
Convention,  at  Cleveland,  on  Tuesday,  the  31st  day  of  May 
inst.,  for  consultation  and  concert  of  action  in  respect  to 
the  approaching  Presidential  election. 

Lucius  Robinson.  Charles  F.  French,  Ky. 

John  Cocbrane.  Rob.  Kraus,  Mo. 

Andrew  J.  Colvin.  Hanson  Brent,  Mo. 

Thomas  B.  Carroll.  J.  B.  Clairbour,  Mo. 

Edward  Wade.  Win   Free  I,  Mo. 

George  W.  Demers.  Charles  H.  Frost,  Mo. 

Ira  Porter.  Thomas  J.  Riddlo,  Mo. 

Brace  Millerd.  Wm.  L.Bookstaver,  Mo. 

Howard  Holdridge.  Fred.  L.  Bradcu,  111. 

Francis  G.  Fine.  Caspar  0.  Fitch,  111. 

Lemon  Thomson.  Wallace  Furman. 

Charles  Rcqua.  Frederick  Smith. 

Smith  Requa.  Peter  B.  Len  t,  Ind. 

Thomas  P.  White,  Ky.         Andrew  F.  Butler. 

Edward  Cole,  Ky.  Thomas  Willks. 

Francis  F.  Williams,  Ky.      0.  Whaley ,  Mass. 

Smith  Thompson,  Ky.  Johnson  fc-temmer. 

Lcroy  McArdle,  Ky.  Alfred  Moses. 

William  Bentley ,  Ky.  Leonard  J.  Timon. 

John  F.  Smithers,  Ky .          JohnF.  J'endleton,  N.  J. 

David  S.  Whitelcy,  Ky.         Patrick  Clare. 

Peter  McCall,  Ky.  Simon  Munson. 

LETTER    PROM    MBS.    STANTON. 

MAY  14,  1864. 
To  THE  CENTRAL  FREMONT  CLUB  : 

GENTLEMEN  :  To  your  call  "  to  the  radical  men  of  the  na 
tion,"  taking  it  for  granted  you  use  "men"  in  its  largest 
sense,  I  desire  to  append  my  name,  and  for  the  following 
reasons  : 

1.  This  is  the  only  call  ever  issued  for  a  political  conven 
tion,  demanding  the  right  of  suffrage  for  the  black  man — 
that  safeguard  of  civil  liberty,  without  which  emancipation 
is  a  mockery. 

2.  When  a  body  of  men  thus  consecrate  themselves  to 
"freedom  and   peace,"  and  declare  their  high  resolve  to 
found  a  republic  on  the  eternal  principles  of  Justice,  they 
have  lilted  politics  into  the  sphere  of  morals  and  re  igion, 
and  made  it  the  duty  of  all  true  men  and  women  to  unite 
with  them  in  building  up  the  New  Nation. 

Yours  respectfully, 

E.  "CADY  STANTON. 

LETTER  FROM  WENDELL  PHILLIPS. 

BOSTON,  April  21. 
1  EDGE  STALLO  : 

DEAR  SIR  :  bince  you  asked  my  judgment  as  to  the  course 
to  be  taken  in  nominating  a  candidate  for  the  Presidency 
I  have  been  requested  to  sign  a  call  for  a  convention  f,>r 
that  purpose,  to  meet  at  Cleveland,  in  May  next.  Let  me 
tell  you  the  national  policy  I  advocatr : 

Subdue  the  South  us  rapidly  as  possible.  The  moment 
territory  comes  under  our  flag  reconstruct  States  thus  : 
Confiscate  oii'l  divide  the  lands  of  rebels;  extend  the  right 
of  suffrage  droiiiUy  as  possible  to  white*  and  blacks;  let  the 
Federal  Constitution  prohibit  slavery  throughout  the  Union, 
and  forbid  tlio  States  to  make  any  distinction  among  their 
citizens  on  account  of  color  or  race. 

I  shall  make  every  effort  to  have  this  policy  pursued. 
Believing  that  the  present  Administration  repudiates  it  and 
is  carrying  us  to  a  puint  where  we  shall  be  obliged  either 
to  acknowledge  the  Southern  Confederacy  or  tn  reconstruct 
'lie  Union  on  terms  grossly  unjust,  intolerable  to  the 


masses,  and  sure  soon  to  result  in  another 
advise  an  unpledged  and  independent  convention,  like  that 
proposed,  to  consider  public  affairs  i'nd  nominate  for  th» 
Presidency  a  statesman  and  a  patriot. 

Yours,  faithfully,  WENDELL  PHILLIPS. 

The  Convention  was  called  to  order  by  Ed 
ward  Gilbert,,  of  New  York,  on  whose  motion 
Ex-Governor  William  F.  Johnston,  of  Pennsyl 
vania,  was  chosen  temporary  Chairman.  Mr. 
B.  H.  Brooks,  of  California,  and  Mr.  Walfe,  of 
the  District  of  Columbia,  were  chosen  Secre 
taries.  A  Committee  on  Credentials  was  pro 
posed  but  not  created.  It  was  subsequently 
reported  that  the  following  States  were  rep- 
sented: 

Ohio,  Illinois,  Massachusetts,  New  York,  Iowa,  Missouri, 
Michigan,  Pennsylvania,  Maryland,  Wisconsin,  Tennessee, 
Maine,  Indiana,  New  Hampshire,  New  Jersey,  and  the  Dis 
trict  of  Columbia. 

The  Committee  on  Permanent  Organization 
reported  officers,  with  General  John  Cochrane, 
of  New  York,  as  President. 

Gen.  Cochrane,  on  returning  his  thanks  to  the  Conven 
tion,  said : 

GENTU:MEN  OF  THE  CONVENTION  :  The  formal  routine  of 
duty  for  the  presiding  officer,  prescribes  that  he  return  set 
thanks  for  the  honor  conferred  upon  him.  I  am  not  dis 
posed  to  follow  in  this  path.  The  formality  is  too  heartless 
for  the  solemnity  and  importance  of  the  occasion.  I  as 
sume  my  duties  with  cheerfulness  and  I  trust  that  in  this 
grand  army  of  freedom  I  may  well  perform  my  humble 
part,  and  that  that  duty  may  be  so  performed  that  we  may 
command  the  universal  applause  of  all  men.  [Cheers.]  I 
see  before  me  representatives  of  the  West,  on  which  de 
pends  so  much  of  the  interests  and  destinies  of  the  country — 
of  the  great  central  region  of  the  country — its  support  and 
sustenance.  I  look  further  to  the  East  and  see  before  me  the 
companions  of  my  early  life,  assembled  now  by  a  common 
motive  from  the  devious  paths  in  which  the  exigencies  of 
politics  had  lead  them— the  War  Democrats  of  the  State  of 
New  York.  [Applause.]  For  them  party  possesses  no  claims 
when  it  is  not  identified  with  principle.  There  arc  also  those 
here,  who  while  they  wait  anxiously  tho  tidings  from  the 
shattered  cohorts  under  tho  banner  of  freedom,  still  turn 
affectionately  to  a  Fatherland  on  the  other  side  of  the  raging 
sea.  [Applause.)  We  meet  with  .such  emotions  suggested 
by  the  melancholy  vista  of  the  past — such  reflections  upon 
the  scenes  of  the  present.  We  have;  come  together  regard 
ing  party  as  nothing — country  as  everything. 

Our  national  existence  is  at  issue.  Three  years  ago  the 
question  of  national  life  fell  like  a  thunderbolt  at  the-  feet 
of  the  people  and  they  sprang  to  arms,  with  a  wild  shout  in 
which  all  faction,  all  party,  went  down.  Everywhere  was 
heard  the  steady  tramp  of  armed  men  and  the  patriotism 
and  power  of  tho  North  has  swept  on  until  the  hour  isalmost 
striking  when  time  .shall  proclaim  the  rebels  defeated  and 
the  Union  triumphant.  [Applause.]  In  this  hour  men 
should  review  the  past  and  speculate  as  to  the  dangers  and 
vicissitudes  of  tho  future.  For  this  purpose  you  assemble 
here — intending  to  support  the  army  in  the  field,  and  at  the 
same  time  to  organize  a  great  civil  army,  to  fight  for  prin- 
ples,  and  to  save  for  all  generations  the  precious  legacy  ob 
tained  for  us  by  the  .sacrifices  of  the  soldiers  cf  the  Union. 
[Applause.]  The  rebellion,  it  must  be  suppressed — The 
Union,  it  must  be  preserved.  [Great  applau.se.]  But  ww 
shall  allow  no  criticism  of  the  Government  which  repre 
sents  us  all,  shall  cast  no  impediment  in  the  way  of  our 
Union  soldiers,  shall  entertain  no  thought  unworthy  of 
American  citizens. 

The  speaker  then  referred  to  the  various  discussions  of  the 
past.  Since  1787  slavery  has  been  the  root  of  every  politi 
cal  party  of  the  country.  The  convention  had  assembled 
from  all  positions  on  tin's  question,  and  now  occupied  one 
common  ground.  All  are  now  united  in  demanding  thai 
slavery  be  destroyed  and  its  last  vestige  wiped  out.  [Cheers.} 

In  this  connection  tho  speaker  referred  to  the  War  Dem 
ocrats  of  New  York — virtual  and  virtuous — denying  that 
the  convention  at  Syracuse  represented  them,  and  dcnou'"v 
ing  that  convention  as  a  medley  party  of  trading,  scurvy 
politicians.  lie  solemnly  declared  before  high  heaven  that, 
since  the  war  broke  out,  he  had  never  belonged  to  party, 
that  his  feet  had  not  been  soiled  by  its  touch,  that  he  never 
crossed  its  lines,  that  he  would  never  till  the;  war  was  over 
consent  to  be  "cabined,  cribbed,  confined  "  by  party  inliu- 
ences.  As  he  had  gone  up  and  down  tho  Hudson,  he  had 
indeed  heard  echoes  from  these  "convocations  of  most  po 
litical  worms,"  and  tkey  had  all  been  tuned  to  the  key  of 
"  roast  beef  and  cabbage  on  a  trencher." 


412 


NATIONAL   POLITICAL    CONVENTIONS. 


But  lie  had  been  betrayal  into  prolixity  by  the  interest 
of  the  occasion.  Before  closing  he  wished  to  speak  of  one. 
other  thing.  All  men  on  this  continent  arc  free  and  equal, 
and  our  Government  must  regard  the  private  rights  of  ci 
vilians.  If  private  rights  are  not  respected,  public  liberty 
dies.  We  contend  for  individual  rights,  and  whoever  attacks 
them  wounds  the  vital  parts  of  the  Republic.  Not  even 
the  plea  of  necessity  allows  any  one  to  trample  upon  them. 
To  bo  s.ure  these  rights  depend  on  circumstances,  and  may 
be  superceded  by  martial  law.  Till  that  is  proclaimed  they 
must  not  bo  infringed.  Law  is  the  reflex  of  order,  which 
is  t'no  principle  of  the  universe  and  God  himself.  When  it 
is  stricken  down  all  things  fall  with  it. 

Most  Facred  is  the  grand,  noble  old  liberty  of  the  press. 
Over  that,  in  tar  Europe  the  struggle  for  freedom  ha?  been 
most,  sternly  and  pertinaciously  waged.  Let  a  free  people 
guard  with. jealous  care  the  liberty  of  the  press,  and  declare 
the  ndministration  who  would  strike  at  it,  as  guilty  of  itici- 
vism  and  little  lens  than  traitors.  [Applause.] 

Gen.  Cochrane  referred  to  his  early  belief  that  America 
WHS  the  light-house  of  the  world — the  asylum  of  the  op 
pressed.  He  had  heard  that  the  li^ht  had  b  'en  extinguish 
ed.  He  demanded  tint  America  should  remain  the  sanctu 
ary  of  freedom,  the  asylum  of  the  oppressed  throughout  the 
world.  The  refugee  from  other  lands  must  be  held  in 
nocent  until,  in  accordance  with  law,  you  pronounce  him 
guilty.  [Applause.  I 

The  speaker  closed  with  a  brief  reference  to 
the  Monroe  doctrine,  and  an  enthusiastic  asser 
tion  of  his  belief  in  the  speedy  triumph  of  our 
arms,  which  was  rapturously  applauded. 

After  the  adoption  of  the  platform,  nomina 
tions  were  made. 

JOHN  C.  FREMONT  was  nominated  for  Presi 
dent  by  acclamation. 

Gen.  JOHN  COCHRANE  was  nominated  for 
Vice  President,  with  but  few  voices  in  the  neg 
ative 

The  following  letters  were  addressed  to  the 
Convention:  that  of  Wendell  Phillips,  read  in 
Convention,  is  reported  to  have  been  warmly 
applauded: 

PROM  WENDELL  PHILLIPS. 

BOSTON,  May  27, 1864. 

DEAR  SIR  :  I  deeply  regret  that  it  is  out  of  my  power  to 
attend  the  Cleveland  Convention.  Allow  me  to  suggest 
one  or  two  things  which  I  hoped  to  urge  on  its  attention. 

Without  denying  what  the  friends  of  the  Administration 
claim — that  it  has  done  something  toward  crushing  the 
rebellion — my  charge  against  it  is  that  it  has  not  done  half 
that  it  should  and  could  have  done  toward  that  end.  had  it 
used  the  means  in  its  hands  with  an  earnest  arid  single 
purpose  to  close  the  strife  thoroughly  and  forever.  It  has 
thought  more  of  conciliating  rebels  than  of  subduing  them. 
It  has  avowedly  forborne  the  use  of  lawful  and  efficient 
means  (to  wit,  the  abolition  of  slavery)  until  it  w;us  thought 
indispensable,  and  oven  then  has  used  it .in  a  half-hearted, 
halting  way,  wishing  to  save  the  feelings  of  rebels. 

We  have  three  tools  with  which  to  crush  the  rebellion — 
men,  money,  and  the  emancipation  of  the  negro.  We  were 
warned  to  be  quick  and  sharp  in  the  use  of  these,  because 
•every  year  the  war  lasted  hardened  the  South  from  a  re 
bellion  into  a  nation,  and  doubled  the  danger  of  foreign 
interference.  Slavery  has  been  our  great  trouble  in  the 
past,  and,  as  every  man  saw,  was  our  great  danger  in  the 
future.  Statesmanship,  said,  therefore,  seize  at  once  the 
God-given  opportunity  to  end  it,  at  the  same  time  that  you, 
in  the  quickest,  shortest,  and  cheapest  manner,  annihilate 
the  rebellion. 

For  three  years  the  Administration  has  lavished  money 
without  stint,  and  drenched  the  land  in  blood,  and  it  has 
not  yet  thoroughly  and  heartily  struck  at  the  slave  sys 
tem.  Confessing  that  the  use  of  this  means  is  indispensa 
ble,  the  Administration  has  used  it  just  enough  to  irritate 
the  rebels  and  not  enough  to  save  the  State.  In  sixty  days 
after  the  rebellion  broke  out  the  Administration  suspended 
fuibeMS  corpus-  on  the  plea  of  military  necessity— justly. 
For  three  years  it  has  poured  out  the  treasure  and  blood  of 
the  country  like  water,  tylcanwhilc  slavery  was  too  sacred 
to  be  used;  that  was  saved  lest  the  feelings  of  the  rebels 
should  be  hurt.  The  Administration  weighed  treasure, 
blood,  and  civil  liberty  against  slavery,  and,  up  to  the  pres 
ent  moment,  has  decided  to  exhaust  them  all  before  it  uses 
freedom,  heartily,  as  a  means  of  battle. 

Mr.  Lincoln's  friends  tell  us  that  if  he  is  re-elected  he  is 
re-elected  I  o  pursue  the  same  policy  and  obey  the  same  Cabi 


net.  What  will  be  the  result  of  another  four  years  of  such 
policy?  Unless  the  South  hi  recognised  the  war  will  con 
tinue;  the  taxation  needed  to  sustain  our  immense  debt, 
doubled  by  that  time,  will  grind  the  laboring  man  of  the 
North  down  to  the  level  of  the  pauper  labor  of  Europe; 
and  we  shall  have  a  Government  accustomed  to  despotic 
power  for  eight  years — a  fearful  peril  to  democratic  institu 
tions. 

Mr.  Lincoln's  model  of  reconstruction  is  the  experiment 
in  Louisiana,  which  puts  all  power  into  the  hands  of  the 
unchanged  white  ra<  e,  soured  by  defeat,  hating  the  labor 
ing  classes,  plotting  constantly  for  aristocratic  institutions. 
To  reconstruct  the  rebel  States  on  that  model  is  only  con 
tinuing  the  war  in  the  Senate  Chamber  after  wo  have  closed 
it  in  the  field.  Such  reconstruction,  leaving  the  South  with 
its  labor  and  capital  at  war,  puts  the  whole  payment  ol  the 
debt  on  the  industrious  North,  and  in  that  way  it  will  hau? 
on  us  for  a  centnry.  Such  reconstruction  makes  the  free 
dom  of  the  negro  a  sham,  and  perpetuates  Mavery  under  a 
solter  name.  Such  reconstruction,  leaving  the*  seeds  of 
discontent  and  division  in  the  South  in  tin;  places  cf  power, 
tempts  and  facilitates  another  rebellion,  at  the  insiigation 
or  with  the  aid  of  French-Mexico.  Such  reconstruction 
dooms  us  to  a  second  or  third-rate  place  among  nations, and 
provokes  foreign  insult  and  aggression. 

There  is  no  plan  cf  reconstruction  possible  within  twenty 
years,  unless  we  admit  the  black  to  citizenship  and  the 
ballot,  and  use  him,  with  the  white,  as  the  basis  r.f  States. 
There  is  not  in  the  rebel  States  sufficient  white  basis  to 
build  on.  If  we  refuse  this  method  we  must  pubdue  tho 
^outh  and  hold  it  as  territory  until  this  generation  of  white 
men  have  passed  away,  and  their  sons,  with  other  feelings, 
have  taken  their  places,  and  northern  capital,  energy,  and 
immigration  have  force'!  their  way  into  the  South.  Shou'd 
we  adopt  that  plan,  and  wait  for  those  changes,  twenty 
years  must  elapse  before  we  can  venture  to  rebuild  Slates. 
Meanwhile  a  large  and  expensive  army,  acd  the  use  of 
despotic  power  by  a  Government  holding  half  its  territory 
and  citizens  as  subjects,  make  every  thoughtful  man  trem 
ble  for  the  fate  of  free  government. 

A  quick  and  thorough  reorganization  of  States  on  a  demo 
cratic  basis — every  man  and  race  equal  before  the  law — is 
the  only  sure  way  to  save  the  Union.  I  urge  it  not  for  the 
black  man's  sake  alone,  but  for  ours — for  the  nation's  sake. 
Against  such  recognition  of  the  blacks  Mr.  Lincoln  stands 
pledged  by  prejudice  and  avowal.  Men  say,  if  we  elect  him 
he  may  change  his  views.  Possibly.  But  three  years  have 
been  a  long  time  for  a  man's  education  in  such  hours  as 
these.  The  nation  cannot  afford  more.  At  any  rate,  the 
Constitution  gives  this  summer  an  opportunity  to  make 
President  a  man  fully  educated.  I  prefer  that  course. 

The  Administration,  therefore,  I  regard  as  a  civil  and  mil 
itary  failure,  and  its  avowed  policy  ruinous  to  the  North  in 
every  point  of  view.  Mr.  Lincoln  nviy  wish  the  end — peace 
and  freedom — but  he  is  wholly  unwilling  to  use  the  means 
which  can  secure  that  end.  If  Mr.  Lincoln  is  re-elected  I  do 
not  expect  to  see  the  Union  reconstructed  in  my  day,  unless 
on  t*iins  more  disastrous  to  liberty  than  even  disunion 
would  be.  If  I  turn  to  General  Fremont,  I  see  a  man  whose 
first  act  was  to  use  the  freedom  of  tho  negro  as  his  weapon, 
I  see  one  whose  thorough  loyalty  to  democratic  institutions, 
without  regard  to  nice,  whose  earnest  and  decisive  charac 
ter,  whose  clear-sighted  statesmanship  and  rare  military 
ability  justify  my  confidence  that  in  his  hands  all  will  bo 
done  to  save  the  State  that  foresight,  skill,  decision,  and 
statesmanship  can  do. 

1  think  tho  Convention  should  incorporate  in  its  platform 
the  demand  for  an  amendment  to  the  Constitution  prohib 
iting  slavery  everywhere  within  the  Republic,  and  forbid 
ding  the  States  to  make  any  distinction  among  their  citizens 
on  account  of  color  or  race.  I  think  it  should  demand  a 
reconstruction  of  States  as  speedily  as  possible  on  the  basid 
of  every  loyal  man,  white  or  black,  sharing  tho  land  and 
the  ballot.  But  if  some  of  these  points  are  not  covered  I 
shall  still  support  its  action  with  all  my  heart  if  it  puts  the 
ame  of  Fremont  or  Butler  on  its  Hag.  Fremont  is  my  first 
choice,  but  1  can  support  either  of  them;  and  this  is  an 
hour  of  such  peril  to  tho  Republic  that  I  think  men  should 
surrender  all  party  and  personal  partiality,  and  support 
my  man  able  and  willing  to  savo  the  State. 

If  the  Baltimore  Convention  shall  nominate  Mr.  Lincoln, 
then  1  hope  we  shall  Hing  our  candidate's  name,  the  long- 
honored  one  of  J.  C.  Fremont,  to  the  hrec/e,  and  appeal  to 
the  patriotism  and  common  sense  of  the  people  to  save  lu 
from  another  such  threw  years  as  we  have  seen.  If,  on  the 
contrary,  the  Baltimore  convention  shall  give  us  the  name 
of  any  man  whom  the  Radicals  of  tho  Loyal  States  can 
trust,  I  hope  we  shall  be  able  to  arrange  some  plan  which 
ill  unite  all  on  a  common  basis  and  carry  our  principled 
into  the  Government. 

Wishing  you  all  success,  and  prepared  to  second  your 
L-ffort  to  remove  the  Administration.  I  am,  yours  &•:., 

WENDELL  PHILLIPS. 
EDWARD  GILBERT,  Esq.,  A'cw  I'ork. 


NATIONAL    POLITICAL    CONVENTIONS. 


413 


FROM  LUCIUS  ROBINSON 

STATE  OF  NEW  YORK, 
COMPTROLLER'S  OFFICE,  ALBANY,  May  28. 
To  Hon.  A.  J.  COLVIN  : 

My  official  duties  and  the  illness  of  my  deputy  will  pre 
vent  me  from  attending  the  meeting  called  lor  consultation 
at  Cleveland,  the  31st  instant.  1  trust  that  you  will  be 
there  with  your  judicious  advice. 

There  was  never  a  time  when  the  safety  and  welfare  of 
the  country  more  imperatively  demanded  careful  delibera 
tion,  with  Vise  and  resolutu  action.  Wo  have  lived  through  ! 
three  years  of  war,  awl  Ir.ivc  survived  many  bad  mistakes, 
simply  because  the  popular  mind  has  been  intensely  fixed  j 
upon  the  single  purposo  of  suppressing  the  rebellion  at  all  ' 
ha/ard*  and  at  every  cost.     This  one  idea  has  had  such  con 
trolling  power,  and  the  masses  have  followed  so  steadily, 
that  it  has  served  as  a  substitute  for  proper  governmental 
leadership.     But  it  is  evident  that  the  time  is  near  at  hand 
when   the  re-establishment  of  order,  the  removal  of  the 
cause  of  the   rebellion  and   the  repairing  of  the   terrible 
desolation  it  has  produced,  will  require  at   the  head  of  the  I 
Government  the  very  highest  qualities  of  leadership.  How  j 
can  we  hope  to  live  as  a  nation  through  the  crisis  before  us 
with  a  weak  Executive  and  Cabinet  in  a  state  of  discord  and 
anarchy?     Will  not  the  country  be  in  imminent  danger  of 
falling  into  the  same  condition  when  it  ceases  to  bo  held 
together  by  the  pressure  of  war?     It  appears  to  me  that  a 
linn  assertion  of  sound  principles  and  the  election  of  the 
greatest  men,  regardless  of  former  party  organizations,  are 
essential  to  the  safety  of  the  nation. 

Wii  thur  a  nomination  should  be  made  at  Cleveland  or 
not  can  best  be  determined  after  meeting  and  consulting 
with  those  who  will  assemble  there;  but  it'  it  shall  be  de 
cided  to  nominate  T  have  no  hesitation  in  saying  t'^at  I  be 
lieve  the  hopes  of  the  people  throughout  the  country  are 
resting  upon  General  Grant  as  the  candidate.  He  has  dis 
played  the  qualities  which  give  all  men  confidence.  H-;  has 
shown  himself  possessed  of  great  ability  and  skill,  the  most 
indomitable  courage  and  mcst  unselfish  devotion  to  the 
cause  of  his  country.  Victory  has  attended  him  wherever 
he  bus  gone.  Ose  year  ago  all  confidence  in  the  Adminis 
tration  was  lost.  The  brilliant  victories  which  have  since 
been  won  by  Gen.  Grant  have  so  far  restored  it  as  to  en 
courage  the  Administration  to  attempt  to  n  -elect  itself  on 
the  strength  of  his  achievements.  But  in  my  judgment  we 
should  let  him  who  has  won  the  honors  wear  them,  and 
should  entrust  power  to  one  who  has  shown  that  he  knows 
how  to  wield  it ;  we  shall  then  have  a  leader  at  the  head  of 
affairs  in  whom  all  loyal  men  will  have  confidence,  against 
whom  there  will  be  no  prejudices,  and  whom  all  will  aid 
with  alacrity.  Yours, 

LUCIUS  ROBINSON. 

FROM    FREDERICK    DOUGLASS. 

ROCHESTER,  May  23, 1864. 

SIR  :  I  mean  the  complete  abolition  of  every  vestige,  form, 
modification  of  slavery  in  every  part  of  the  United  States, 
perfect  equality  for  the  black  man  in  every  State  before  the 
law,  in  the  jury-box,  at  the  ballot-box,  and  on  the  battle 
field;  ample  and  salutary  retaliation  for  every  instance  of 
enslavement  or  slaughter  of  prisoners  of  any  color.  I  mean 
that  in  the  distribution  of  offices  and  honors  under  this 
Government  no  discrimination  shall  be  made  in  favor  of  or 
against  any  class  of  citizens,  whether  black  or  white,  of 
native  or  foreign  birth.  And  supposing  that  the  Conven 
tion  which  is  to  meet  at  Cleveland  means  the  same  thing,  I 
cheerfully  give  my  name  as  one  of  the  signers  of  the  call. 

Yours,  respectfully,  FREDERICK  DOUGLASS. 

E.  GILBERT,  Esq. 

THE  PLATFORM. 

Mr.  Carroll,  Chairman  of  the  Committee  on  Resolutions,* 
reported  the  following  resolutions  : 

First.  That  the  Federal  Union  shall  be  preserved. 

*  During  tho  Convention,  Mr.  Langer,  of  Iowa,  offered 
these  resolutions,  which,  on  the  suggestion  of  the  Chair, 
were  refeired  to  the  committee  : 

"Resolved,  That  the  members  of  this  Convention,  or  of 
any  Convention  arising  from  this,  to  nominate  or  partici 
pate  in  the  nomination  of  a  candidate  for  the  next  Presiden 
tial  term,  and  the  Presidential  elector*  of  this  party  pledge 
themselves  upon  their  honor  not  to  accept  offices  of  trust, 
honor,  or  profit  from  the  Administration  in  power  during 
the  next  Presidential  tarm,  and  not  to  be  connected  directly 
or  indirectly  with  nny  contract  or  business  transaction  in 
the  powrr  of  the  Administration. 

uftftnh>ed.  To  make  it  obligatory  on  the  Presidential  can 
didate  of  this  party,  if  successful,  to  act  accordingly. 

"/tesa'wd,  That  this  is  not  to  be  construed  to  prevent  any 
member  from  becoming  an  active  combatant  in  the  Navy 
and  Army  of  the  United  States,  in  such  capacity  as  his  re 
spective  State  may  elect  to  employ  him." 


Second.  That  the  Constitution  and  laws  of  the  United 
States  must  be  observed  and  obeyed. 

Third.  That  the  rebellion  must  be  suppressed  by  force  of 
arms,  and  without  compromise. 

Fourth.  That  the  rights  of  free  speech,  free  press,  and  the 
habeas  corpus  be  held  inviolate,  save  in  districts  where  mar 
tial  law  has  been  proclaimed. 

Fifth.  That  the  rebellion  has  destroyed  slavery,  anil  the 
Federal  Constitution  should  be  amended  to  prohibit  its  re- 
establishment,  and  to  secure  to  all  men  absolute  equality 
before  the  law. 

Sijrth.  That  integrity  and  economy  are  demanded  at  all 
times  in  the  administration  of  the  Government;  and  that  in 
time  of  war  the  want  of  them  is  criminal. 

Seventh.  That  the  right  of  asylum,  except  for  crime  and 
subject  to  law,  is  a  recognized  principle  of  American  lib 
erty  ;  that  any  violation  of  it  cannot  be  overlooked,  and 
must  not  go  unrebuked. 

Eighth  That  the  national  policy  known  as  the  "  Monroe 
doctrine"  has  become  a  recognized  principle,  and  that  the 
establishment  of  an  anti-republican  Government  on  this 
continent  by  any  foreign  power  cannot  be  tolerated. 

Ninth.  That  the  gratitude  and  support  of  the  nation  are 
due  to  the  faithful  soldiers  and  the  earnest  leaders  of  the 
Union  army  and  navy  for  their  heroic  achievements  and 
deathless  valor  in  defence  of  our  imperiled  country  and  of 
civil  liberty. 

Tenth.  That  the  one-term  policy  for  the  Presidency, 
adopted  by  the  people,  is  strengthened  by  the  force  of  the 
existing  crisis,  and  should  be  maintained  by  constitutional 
amendments. 

Eleventh.  That  the  Constitution  should  be  so  amended 
that  the  President  and  Vice  President  shall  be  elected  by  a 
direct  vote  of  the  people. 

Twelfth.  That  the  question  of  the  reconstruction  of  the 
rebellious  States  belongs  to  the  people,  through  their  repre 
sentatives  in  Congress,  and  not  to  the  Executive. 

Tldrtcenth.  That  the  confiscation  of  the  lands  of  the 
rebels,  and  their  distribution  among  the  soldiers  and  actual 
settlers,  is  a  measure  of  justice. 

Mr.  Carroll  stated  that  the  committee  were 
unanimous  on  all  the  resolutions,  save  one — the 
last.  As  a  matter  of  expediency  it  was  thought 
not  advisable  to  recommend  it,  but  the  majority 
of  the  committee  had  instructed  him  to  report 
it  for  the  consideration  of  the  Convention. 

At  this  juncture,  Mr.  Gilbert  announced  the 
receipt  of  a  letter  f<  om  Wendell  Phillips,  which 
was  warmly  applauded  while  being  read  by  the 
secretary. 

Mr.  Ransom  of  New  Jersey,  moved  that  the 
question  on  the  resolutions  be  taken  separately. 

It  was  then  decided  to  take  up  the  resolutions 
separately.  The  first,  second,  third,  and  fourth 
were  adopted  without  dissent. 

Mr.  Goodell  moved  to  amend  the  fifth  by  de 
claring  that  slavery  shall  die,  instead  of  say 
ing  that  it  is  dead ;  for,  said  the  mover,  although 
it  is  legally  dead,  the  fact  is  that  there  are  over 
three  millions  of  people  now  enslaved  in  the 
southern  States.  He  moved  to  substitute  these 
words : 

"That  the  rebellion  must  be  suppressed  by  the  destruc 
tion  of  its  motive  cause,  slavery." 

This  was  lost  after  a  debate,  and  the  resolu 
tion  was  adopted. 

The  remainder  were  then  adopted. 

LETTERS    OF  ACCEPTANCE. 
FROM  GENERAL  FREMONT. 

NEW  YORK,  June  4, 1864. 

GENTLEMEN  :  In  answer  to  the  letter  which  I  have  had  the 
honor  to  receive  from  you,  on  the  part  of  the  representa 
tives  of  the  people  assembled  at  Cleveland,  the  31st  of 
May,  I  desire  to  express  my  thanks  for  the  confidence 
which  led  them  to  offer  me  the  honorable  and  difficult  po 
sition  of  their  candidate  in  the  approaching  Presidential 
election. 

Very  honorable,  because  in  offering  it  to  me  you  act  in 
the  name  of  a  great  number  of  citizens  who  seek  above  all 
things  the  good  of  their  country,  and  who  have  no  sort  of 
selfish  interest  in  view.  Very  difficult,  because  in  accept 
ing  the  candidacy  you  propose  to  me,  I  am  exposed  to  the 


414 


NATIONAL   POLITICAL   CONVENTIONS. 


reproach  of  creating  a  schism  in  the  party  with  which  I 
have  been  identified. 

Had  Mr.  Lincoln  remained  faithful  to  the  principles  he 
•was  elected  to  defend,  no  schism  could  have  been  created, 
and  no  contest  could  have  been  possible.  This  is  not  an 
ordinary  election.  It  is  a  contest  for  the  right  even  to  have 
candidates,  and  not  merely,  as  usual,  for  the  choice  among 
them.  Now,  for  the  first  time  since  '76,  the  question  of 
constitutional  liberty  has  bean  brought  directly  before  the 
people  for  their  serious  consideration  and  vote.  The  ordi 
nary  rights  secured  under  the  Constitution  and  the  laws  of 
the  country  have  been  violated  and  extraordinary  powers 
have  been  usurped  by  the  Executive.  It  is  directly  before 
the  people  now  to  Pay  whether  or  not  the  principles  estab 
lished  by  the  Revolution  are  worth  maintaining. 

If,  as  we  have  been  taught  to  believt,  those  guarantees 
for  liberty  which  made  the  distinctive  name  and  glory  of 
our  country,  are  in  truth  inviolably  sacred,  then  here  must 
be  a  protest  against  the  arbitrary  violation  which  had  not 
even  tho  excuse  of  a  necessity.  The  schism  is  made  by 
those  who  force  the  choice  between  a  shameful  silence  or  a 
protest  against  wrong.  In  such  considerations  originated 
the  Cleveland  Convention.  It  was  among  its  objects  to 
arouse  the  attention  of  the  people  to  such  facts,  and  to 
bring  them  to  realize  that,  while  we  are  saturating  South 
ern  soil  with  the  l;est  blood  of  the  country  in  the  name  of 
liberty,  we  have  really  parted  with  it  at  home. 

To-day  we  have  in  the  country  the  abuses  of  a  military 
dictation  without  its  unity  of  action  and  vigor  of  execution — 
an  Administration  marked  at  home  by  disregard  of  consti 
tutional  rights,  by  its  violation  of  personal  liberty  and  the 
liberty  of  the  press,  and  as  a  crowning  shame,  by  its  aban 
donment  of  the  right  of  asylum,  a  right  especially  dear  to 
all  free  nations  abroad.  Its  course  has  been  characterized  by 
a  feebleness  and  want  of  principle  which  has  misled  Eu 
ropean  powers  and  driven  them  to  a  belief  that  only  com 
mercial  interests  and  personal  aims  are  concerned,  and  that 
/io  great  principles  are  involved  in  the  issue.  The  admira 
ble  conduct  of  tho  people,  their  readiness  to  make  every 
sacrifice  demanded  of  them,  their  forbearance  and  silence 
under  the  suspension  of  everything  that  could  be  suspended, 
their  many  acts  of  heroism  and  sacrifices,  were  all  rendered 
fruitless  by  the  incapacity,  or  to  speak  more  exactly,  by  the 
personal  ends  for  which  the  war  was  managed.  This  inca 
pacity  and  selfishness  naturally  produced  surh  results  as  led 
the  European  powers,  ;md  logically  enough,  to  the  convic 
tion  that  the  North,  with  its  greatly  superior  population, 
its  immense  resources,  and  its  credit,  will  never  be  able  to 
recover  the  South.  Sympathies  which  would  have  been 
with  us  from  the  outset  of  this  war  were  turned  against  us, 
and  in  this  way  the  Administration  has  done  the  country  a 
double  wrong  abroad.  It  created  hostility,  or  at  best  in 
difference,  among  those  who  would  have  been  its  friends  if 
the  real  intentions  of  tho  people  could  have  been  better 
known,  while,  at  the  same  time,  it  neglected  no  occasion  for 
making  the  most  humiliating  concessions. 

Against  this  disastrous  condition  of  affairs  the  Cleveland 
Convention  was  a  protest. 

The  principles  which  form  the  basis  of  its  platform  have 
my  unqualified  and  cordial  approbation,  but  I  cannot  so 
heartily  concur  in  all  the  measures  which  you  propose.  / 
do  not  believe  that  confiscation  f.rkndrd  to  /he  property  of  all 
rebels,  is  practicable,  and  if  it  were  so,  I  do  not  think  it  a 
measure  of  sound  policy.  It  is,  in  fact,  a  question  belong 
ing  to  the  people  themselves  to  decide,  and  is  a  proper  oc 
casion  for  the  exercise  of  their  original  and  sovereign  au 
thority.  As  a  war  measure,  in  the  beginning  of  a  revolt 
which  might  be  quelled  by  prompt  severity,  I  understand 
the  policy  of  confiscation,  but  not  as  a  final  measure  of  re 
construction  after  the  suppression  of  an  insurrection. 

In  the  adjustments  which  are  to  follow  peace  no  consid 
erations  of  vengeance  can  consistently  be  admitted. 

The  object  of  the  war  is  to  make  permanently  secure  tho 
peace  and  happiness  of  the  whole  country,  and  there  was 
but  a  single  element  in  the  way  of  its  attainment.  This 
element  of  slavery  may  be.  considered  practically  destroyed 
in  the  countrj',and  it  needs  only  your  proposed  amendment 
of  the  Constitution,  to  make  its  extinction  complete. 

With  this  extinction  of  slavery  the  party  divisions  cre 
ated  by  it  ha  vt!  also  disappeared.  And  if  in  the  history  of 
the  country  there  has  ever  been  a  time  when  the  American 
people,  without  regard  to  one  or  another  of  the  political 
divisions,  were  called  upon  to  give  solemnly  their  voice  in 
a  matter  which  involved  the  safety  of  the  United  States,  it 
is  assuredly  the  present  time. 

If  the  Conivntion  at  Baltimore  will  nmninntt.  any  man 
whose  past  life  justifies  a,  ivel l-grounded  confidence  in  his 
fidelity  to  our  cardinal  jyinci/)l''s,  therein  no  reason  why  there 
should  be  any  division  among  the  really  patriotic  men  of  the 
ciruntry.  To  any  such  I  shall  be  most  nappy  to  give  a  cordial 
and  active  support. 

My  own  decided  preference  is  to  aid  in  this  way,  and  not 
to  be  myself  a  candidate.  But  if  Mr.  Lincoln  should  be 
nominated — aa  I  believe  it  would  IK  fatal  to  the  country  to 


indorse  a  policy  and  renew  a  power  which  ha*  cost  ue  the 
lives  of  thousands  of  men,  and  needlessly  put  the  country 
on  tho  road  to  bankruptcy — there  will  remain  no  other 
alternative  but  to  organize  against  him  every  element  of 
conscientious  opposition  with  the  view  to  prevent  the  mis 
fortune  of  his  re-election. 

In  this  contingency,  I  accept  the  nomination  at  Cleve 
land,  and,  as  a  preliminary  step,  I  hare  resigned  my  commis 
sion  in  the  army.  This  was  a  sacrifice  it  gave  me  pain  to 
make.  But  I  had  for  a  long  time  fruitlessly  endeavored  to 
obtain  service.  I  make  this  sacrifice  now  only  to  regain 
liberty  of  speech,  and  to  leave  nothing  in  the  way  of  dis 
charging  to  my  utmost  ability  the  task  you  have  set  for  me. 

With  my  earnest  and  sincere  thanks  for  your  expressions 
of  confidence  and  regard,  and  for  the  many  honorable  terms 
in  which  you  acquaint  me  with  the  actions  of  the  Conven 
tion,  I  am,  gentlemen, 

Very  respectfully  and  truly  yours, 

J.  C.  FREMONT. 
To  Worthington  Q.  Snethen  of  Maryland,  Edward  Gilbert 

of  New  York,  Casper  Bntz  of  Illinois,  Charles  E.  Moss  of 

Missouri,  N.  P.  Sawyer  of  Pennsylvania,  a  Committee,  &c. 

FROM  GENERAL  COCHRANE. 

NEW  YORK,  June  4, 1864. 

GENTLEMEN:  I  have  received  your  note  informing  me 
officially  of  my  nomination  by  the  Radical  Democracy  at 
Cleveland,  on  the  31st  ultimo,  as  their  candidate  for  Vice 
President  of  the  United  States,  on  the  ticket  with  John  0. 
Fremont  as  their  candidate  for  President. 

I  have  been  accustomed  to  regard  simply  a<*  a  duty  per 
formed  what  you  are  pleased  to  represent  as  personally 
meritorious,  and  to  regret  the  physical  disability  which 
alone  withdrew  me  from  the  immediate  scene  of  war. 

I  concur  in  the  action  and  agree  with  the  principles  of 
the  Convention.  Where  by  its  twelfth  resolution  the  ques 
tion  of  reconstruction  is  referred  to  the  constitutional  ac 
tion  of  the  people,  it  wisely  committed  to  them  an  issue 
peculiarly  within  the  province  of  the  luture,  and  not  yet 
sufficiently  emerged  from  war,  to  warrant  positive  opinion. 

\Vhile  I  have  ever  supposed  confiscation  and  use  of  the 
property  of  an  enemy  in  arms  to  be  a  1  mdable  exercise  of 
an  established  and  essential  rule  of  civilized  war,  I  am 
pleased  to  observe  that  the  Convention,  when  asserting  the 
justice  of  the  principle,  intended  to  remit  its  exercise  to  the 
discretion  of  the  people,  hereafter  manifested  through  their 
representatives  in  Congress,  when  considering  the  para 
mount  question  of  reconstruction  This  was  judicious; 
for,  indeed,  so  blended  must  be  the  various  methods — se 
questration,  confiscation,  military  absorption  and  occupa 
tion— that  shall  hereafter  co-operate  to  evolve  order  from, 
confusion,  and  to  restore  the  Government,  that  it  is  difficult, 
if  not  impossible,  now,  when  affirming  the  principle,  to 
provide  for  its  application. 

I  have  the  honor,  gentlemen,  to  accept  the  nomination 
for  the  Vice  President  oi  the  United  States,  which  you  have 
tendered  to  me  under  the  direction  of  the  Convention. 

I  am,  very  respectfully,  yours, 

JOHN  COCHRANB. 

To  the  COMMITTEE. 


Speech  of  Colonel  Cochrane. 

DELIVERED  TO  HIS  REGIMENT,  FIRST  UNITED  STATES  CHAS 
SEURS,  NOVEMBER  13,  1861. 

It  having  been  announced  that  Colonel  John  Cochrane 
would  speak  to  his  regiment,  at  their  camp,  on  the  occasion 
of  their  first  appearance  in  new  uniforms,  on  the  afternoon 
of  Friday,  the  lltth  of  November,  instant,  a  large  assemblage 
of  ladies  and  gentlemen  w;us  congregated  to  hear  him.  A 
staging  had  been  improvised  beneath  a  spreading  oak,  where, 
conspicuous  among  the  audience,  sat  the  Secretary  of  War, 
dignified  and  composed.  In  front,  in  enclosing  lim-r,  stood 
the  imposing  regiment— the  first  United  States  Chasseurs, 
steady,  exact,  and  attentive.  Within  the  square  a  regimen 
tal  band  uttered  harmonious  music,  while  the  reddening 
rays  of  the  descending  sun  enveloped  the  audience,  soldiers, 
Secretary,  and  orator,  in  rosy  rays,  that  imparted  a  soft 
beauty  to  tho  scene,  and  conveyed  the  pleasing  illusion  at 
tendant  upon  dramatic  effect.  The  Colonel  then  advanced, 
and  notified  his  hearers  that  one  of  the  companies  of  the 
regiment  had  selected  this  as  a  fitting  opportunity  to  pre 
sent  to  one  of  their  lieutenants  (Morton)  a  small  token  of 
their  admiration  and  esteem.  Tho  preliminary  ceremony 
was  agreeably  and  satisfactory  finished.  It  was  then  that 
Colonel  Cochrane  arose,  and,  justly  inspired  by  the  scene 
and  the  circumstances  which  produced  it,  spoke  as  follows: 
Soldiers  of  the  First  United  States  Chasseurs: 

[Bravo' Colonel.]  I  have  a  word  to  say  to  you  to-day.  Yon 
h  i'\r  i-ngaued  in  an  arduous  struggle.  You  have  prosecuted 
it;  you  intend  to  prosecute  it;  you  have  stood  unflinchingly 
before  the  enemy:  you  have  proved  yourselves  patriotic, 
able,  and  tried  soldiers,  and  you  are  entitled  to  the  meed  of 


NATIONAL   POLITICAL   CONVENTIONS. 


415 


praise.  1,  your  commander,  this  day  feel  that  it  is  a  proud 
duty  to  extend  to  you  the  hand  of  approbation,  and  to  de 
clare  that  you  are  worthy  of  your  country. 

Soldiers,  you  have  undergone  labor;  you  have  faced  the 
enemy;  you  have  stood  without  retreating  before  their  fire; 
vou  have  borne  the  inclemencies  of  the  season,  and  you  are 
ready  to  advance  with  that  grand  army  of  which  you  are  a 
part.  Your  country  opens  its  arms,  and  receives  you  to  its 
bosom.  It  will  always  praise  and  applaud  you.  Its  com 
manders  stand  at  the  head  of  the  column,  and,  with  you 
behind  them,  they  are  not  to  be  deterred.  But  the  com 
mand  is  forthcoming — forward,  march!  toward  the  enemy. 
Take  his  possessions,  for  they  are  yours ;  they  are  yours  to 
occupy ;  they  are  yours  to  enjoy ;  you  are  no  marauders, 
you  are  no  plunderers  of  property  not  your  own,  but  you 
are  the  avengers  of  the  law ;  you  are  the  right  arm  of  the 
Constitution  ;  under  your  flag  march  patriotism  and  order, 
and  republican  institutions;  in  your  train  follow  peace, 
prosperity  and  liberty;  you  are  the  servants  of  these  high 
potentates,  and  the  arm  through  which  they  strike  is  the 
arm  of  the  worthy  public  servant  who  stands  behind  me 
on  this  occasion,  the  Secretary  of  War. 

Soldiers,  you  have  been  called  to  the  field,  not  as  ma 
rauders  and  mercenaries,  but  as  tho  defenders  of  our  high 
faith,  defenders  of  our  glorious  reputation,  defenders  of  our 
honor  and  renown,  around  which  cluster  the  memories  of 
the  past,  and  whose  1'eats  and  performances  will  yet  distin 
guish  the  future.  You  are  led  forward  by  a  commander 
under  whom  to  servo  it  is  a  pride  for  the  highest  among  us. 
He  enjoys  the  confidence  of  the  people,  and  his  reputation 
already  renders  powerless  the  arms  of  your  enemies.  By 
him  we  have  won  victories  in  the  South,  and  by  these  vic 
tories  we  have  assurances  of  triumph  yet  to  come.  Beau 
fort  is  ours — Charleston  may  be  ours — the  whole  country 
now  disintegrated  may  shortly  be  united  by  the  force  of 
those  arms  of  which  you  are  a  part,  and  the  Union  onco 
more  signify  to  the  world  the  intent  of  that  glorious  motto, 
E  Pluribus  Unum.  Then  no  longer  shall  be  heard  that  foil 
doctrine  of  secession,  which  would  tear  us  asunder,  and  dis 
tract,  part  from  part,  tins  glorious  Union  ;  but  we  shall  all 
be  as  we  have  been,  one  and  inseparable,  under  the  flag  of 
our  glorious  nationality,  won  by  our  fathers,  and  preserved 
by  you.  [Applause.]  Here  is  assembled  upon  the  banks  of 
the  Potomac  an  army  the  like  of  which  the  world  has  never 
jeen.  The  motive  which  has  gathered  that  army  together 
aever  before  was  presented  to  the  eye  of  history.  It  was 
congregated  by  no  despotic  order;  it  was  the  voluntary  wish, 
the  motive  power,  of  every  man  composing  it — the  power 
of  men  rushing,  as  with  one  purpose,  to  reinstate  the  flag 
of  our  Union  and  save  the  Republic.  That,  soldiers,  is  your 
mission ;  and  you  have  a  commander  who  with  lightning 
epecd  will  lead  you  to  conquest,  and  with  equal  speed  will 
transmit  the  glory  of  your  labors  to  the  remotest  corners  oi 
our  country.  And  now  permit  me,  though  the  shades  ol 
night  are  falling  upon  us,  to  indulge  in  a  few  words  as  to 
tho  cause  of  the  war,  and  the  means  by  which  it  is  to  be 
brought  to  a  successful  termination.  The  material  aid  I 
have  already  averted  to ;  the  motive  power  remains  to  bo 
commented  upon.  On  the  one  side  you  have  the  Confeder 
ate  army ;  on  the  other  side  you  have  the  grand  Union — the 
Federal  army.  Now,  the  difference  between  these  two 
•words,  in  their  common  acceptation,  is  the  cause  for  which 
these  two  armies  are  fighting.  It  is  Secession  against  Fed 
eration,  Federation  against  Secession.  Nationality  against 
disunion;  confusion  agai  nst  order ;  anarchy  against  a  good, 
free,  and  liberal  Government— a  Government  made  equally 
by  the  Fathers  of  the  South  and  the  Fathers  of  the  North. 
We  are  in  a  revolutionary  period.  The  South  contends  for 
the  right  of  revolution.  We  admit  the  right ;  but,  while  we 
admit  it,  we  invoke  the  sole  umpire  which  may  be  invoked 
on  such  occasions — the  umpire  of  the  sword,  the  umpire  of 
force,  the  u'dima  ratio,  that  last  effort  to  which  men  appeal 
when  they  have  differences  otherwise  irreconcileable. 

They — the  South — have  resorted  to  arms,  and  they  have 
compelled  us  to  the  same  resort;  and  if  they  claim  that  it  is 
a  war  of  self-preservation  on  their  part,  it  is  equally  a  war 
of  self-preservation  on  ours;  and  if  we  arc  in  controversy 
for  very  existence,  then  I  contend  that  all  the  resources,  all 
the  means  within  ourselves,  individually,  collectively,  and 
nationally,  must  bo  resorted  to  and  adopted.  [Applause.] 
But  some  friend — a  doubter — exclaims :  "  Would  you  disrupt 
and  tear  asunder  the  Constitution  ?"  Where  is  the  Consti 
tution  ?  Would  you  tread  and  trample  upon  that  sacred 
instrument,  and  no  longer  acknowldgo  its  binding  force,  no 
longer  bo  bound  by  its  compromises  and  decrees  ?  I  answer, 
no.  Tho  Constitution,  by  the  necessity  of  the  controversy, 
is  cast  behind  the  arena  of  the  .strife.  May  it  rest  there  safe, 
until  the  present  strife  being  over  it  shall  be  restored  to  its 
original  purity  and  force.  Like  the  sibyl  leaves  when  lost, 
the  remainder  become  more  valuable  in  our  eyes,  and  in  tho 
midst  of  the  carnage  we  will  clasp  to  our  bosoms  that  in 
strument  whose  worth  has  never  been  transcended  by  human 
ettorts.  Soldiers,  to  what  moans  shall  we  resort  for  our 
existence  ?  This  war  i*  dovoted  not  merely  to  victory  and  ita 


mighty  honors,  not  merely  to  the  triumph  which  mores  in 
glorious  procession  along  our  streets.  But  it  is  a  war  which 
moves  towards  the  protection  of  our  homes,  the  safety  of 
our  families,  the  continuation  of  our  domestic;  altars,  and 
tho  protection  of  our  firesides.  In  such  a  war  we  are  jus 
tified,  are  bound  to  resort  to  every  force  within  our  power. 
Having  opened  the  port  of  Beaufort,  wo  shall  be  able  to 
export  millions  of  cotton  bales,  and  from  these  we  may 
supply  the  sinews  of  war.  Do  you  say  that  we  should  not 
seize  the  cotton?  No;  you  are  clear  upon  that,  point.  Sup 
pose  the  munitions  of  war  are  within  our  reach,  would  we 
not  be  guilty  of  shameful  neglect,  if  we  availed  not  our 
selves  of  the  opportunity  to  use  them?  Suppose  the  ene 
my's  slaves  were  arrayed  against  you,  would  you,  from  any 
squeamishness,  refrain  from  pointing  against  them  the  hos 
tile  gun,  and  prostrating  them  in  death  ?  No ;  that  is  your 
object  and  purport ;  and  if  you  would  seize  their  property, 
open  their  ports,  and  even  destroy  their  lives,  I  ask  you 
whether  you  would  not  use  their  slaves?  Whether  you 
would  not  arm  t/ieir  slaves  [great  applause.]  and  carry  titan 
in  battalions  against  their  masters?  [Renewed  and  tumul 
tuous  applause.]  //  necessary  to  save  tins  Government,  / 
would  plunge,  their  whole  country  black  and  while,,  into  one 
indiscriminate  sea  of  blond,  so  that  we  should  in  the  eud 
have  a  Government  which  would  be  the  vicegerent  of  God. 
Let  us  have  no  more  of  this  dilletante  system,  but  let  us 
work  with  a  will  and  a  purpose  that  cannot  be  mistaken. 
Let  us  not  put  aside  from  too  great  a  delicacy  of  motives. 
Soldiers,  you  know  no  such  reasoning  as  this.  You  have 
arms  in  your  hands,  and  those  arms  are  placed  there  for  the 
purpose  of  exterminating  an  enemy  unless  he  submits  to 
law,  order,  and  the  Constitution.  If  lie  will  not  submit,  ex 
plode  every  thinfj  that  comes  in  your  way.  Set  fire-  to  the  cot 
ton.  Explode  the  cotton .  TaJce  property  wherever  you  may 
find  it.  Take  the  slave  and  bestoiv  him  upon  the  non-slave- 
Jiolder  if  you  please.  [Great  applause.]  Do  to  them  as  then 
would  i!o  to  iis.  Raise  up  a  2>arty  of  interest  against  Hit 
absent  slaveholder,  distract  their  counsels,  and  if  this  shuutd 
not  be  sufficient,  take  the  slave  by  the  hand. place  a  munket  in 
it,  and  in  God's  name  bid  him  strike  for  the  liberty  of  the. 
human  race.  [Immense  applause.]  Now,  is  this  emancipa 
tion?  Is  this  abolitionism?  I  do  not  regard  it  as  either. 
It  no  more  partakes  of  Abolitionism  than  a  spaniel 
partakes  of  the  nature  of  the  lion.  Abolitionism  is  to 
free  the  slaves.  It  is  to  make  war  upon  the  South  for 
that  purpose.  It  is  to  place  them  above  their  masters 
in  the  social  scale.  It  is  to  assert  the  great  abstract 
principles  of  equality  among  men.  But  to  take  the  slave 
and  make  him  an  implement  of  war  in  overcoming  your  en 
emy,  that  is  a  military  scheme.  It  is  a  military  necessity, 
ami  the  commander  who  does  not  this,  or  something  equiv 
alent  to  it,  is  unworthy  of  the  position  ho  holds,  and  equally 
un  .vorthy  of  your  confidence.  Emancipation !  Are  we  en 
gaged  in  a  war  of  emancipation  ?  If  so,  who  commenced 
the  war?  Not  we.  And  if  wo  did  not  commence  the  war, 
we  cannot  be  charged  with  its  consequences.  Where  had 
it  its  origin?  It  had  its  origin  in  the  South.  It  was  and 
has  been  a  war  of  the  South  against  the  free  institutions  of 
the  North.  Let  me  illustrate.  Are  wo  to  free  their  slaves  ? 
We  do  not  intend  it.  Do  you  recollect  the  resolution  -which 
was  passed  the  last  session  of  Congress,  which  distinctly 
declares  that  it  never  was  intended  by  anybody  in  this  wide 
laud  to  free  the  slave.  "  Compromise,1'  too,  has  been  talked 
of  this  matter.  Why  did  they  not  compromise?  Because 
it  was  not  their  object.  I  say  this  fearlessly,  for  I  infer  it 
from  scenes  in  which  I  was  an  actor. 

At  Charleston,  I  remember,  that  when  satisfied  that  Mr. 
Douglas  could  not,  while  they  remained  in  the  convention, 
be  nominated  for  the  Presidency,  they  nevertheless  with 
drew.  It  was,  if  my  remembrance  is  not  at  fault,  near 
the  midnight  hour,  at  tho  prominent  headquarters  of  the 
southern  array,  that  Messrs.  Yancey  and  Percy  Walker 
entered  the  room.  Those  present  had  previously  concluded, 
upon  careful  calculations,  that  the  South  abiding  by  the 
convention,  Judge  Douglas  could  not  receive  two  thirds  of 
the  vote  of  the  convention.  This  conclusion  was  commu 
nicated  to  these  gentlemen,  who,  as  I  understand,  having 
reviewed  the  calculations,  and  expressed  their  reliance  upon 
them,  declared,  when  leaving,  their  determination  to  re 
main  in  the  convention.  It  was  at  the  opening  of  the  con 
vention  on  tho  very  next  morning,  that  Mr.  Walker  sent  to 
the  chair  tho  act  of  secession  of  Alabama  therefrom.  The 
morning  deed  declared  marvolously,  when  contrasted  with 
tho  midnight  profession,  that  the  act  of  secession  was  but 
a  foregone  conclusion,  necessary  to  precipitate  the  only 
issue  to  which  they  desired  to  be  a  party. 

Nothing  could  bo  satisfactory  to  these,  except  that  arnia 
should  bo  resorted  to,  and  the  fate  of  revolution  abided  by. 
I  declare,  therefore,  that  tho  war  is  not  of  our  originating, 
but  it  has  been  forced  upon  us  by  a  crafty  enemy — an  enemy 
resolved  to  do  or  die;  to  destroy  our  free  Government,  o"r 
perish  in  tho  attempt.  And  what  is  their  object?  Why, 
their  object  is  to  tear  down  this  proud,  noble,  and  beneficent 
Government,  to  establish  a  reign  of  terror,  anarchy,  and 


NATIONAL    POLITICAL    CONVENTIONS. 


confiscation,  in  the  land;  to  implant  upon  this  our  soil  the 
ui.'.o.<.-,s  doctrine  of  the  right  of  secession,  so  that  when  one 
State  focedes  another  may  secede,  and  still  another,  and 
Btill  another,  so  that  within  forty  eight  hours,  by  the  light 
of  their  renson  and  the  exactness  of  their  judgment,  you 
may  establish  on  this  continent  thirty-four  independent 
governments.  Thirty-four,  did  I  say?  Why,  no,  not  thirly- 
Ibur  merely,  but  every  county  and  every  city,  and  every 
village  and  hamlet;  nay,  every  person  who  suffers  from  in- 
diirotum  at  the  dinner  table  may  claim  the  same  right; 
aiid  thus,  soldiers,  we  shall  have  the  confusion  and  disorder 
which  will  plunge  into  dismay  and  ruin  the  b«tt  and  Most 
beuevolwnt  government  i-n  the  world.  Now,  A\hat  is  our 
object  ?  It  is  simply  to  arrest  the  sway  of  this  fell  spirit  of 
recession.  It  is  to  maintain  our  Government,  to  establish 
aud  vindicate  law  and  order,  without  which  neither  happi 
ness  nor  prosperity  can  exist.  You  are  engaged,  too.  by  the 
strength  of  your  arms,  to  protect  our  commerce  with  other 
nations,  and  when  victory  crowns  your  dovotion  to  your 
country's  cause — as  it  assuredly  will — you  will  be  proudly 
pointed  at  as  the  champions  of  American  rights,  as  men 
who  have  maintained  their  dearest  principles,  and  as  those 
who,  from  this  time  forward,  shall  live  in  the  most  grateful 
remembrance  of  the  living,  and  whose  names  shall  descend 
with  marks  of  imperishable  honor  to  the  remotest  pos 
terity.  But,  soldiers,  to  accomplish  all  this,  not  merely 
arms"  are  necessary,  not  merely  men  to  carry  them,  but 
that  powerful  and  overwhelming  spirit  which  constitutes 
and  makes  us  men,  that  spirit  which  lifts  us  above  the 
creeping  things  of  the  earth,  and  brings  near  the  Deity,  in 
accomplishing  his  work  on  earth.  Oh,  then,  let  us  not 
think  that  the  "  battle  is  to  the  strong"— let  us  not  merely 
depend  on  discipline  and  order,  but  with  that  fervidness  of 
noul  which  inspired  our  fathers  at  Bunker  Hill,  and  Saratoga, 
and  Yorktown,  come  forward  aud  give  effect  to  all  that  is 
valuable  in  the  name  of  patriotism,  and  honor,  and  religion. 


Never,  no  never,  will  you  succeed  until  that  spirit  is  onc« 
more  manifested  and  developed  which  actuated  the  soldiers 
of  Cromwell,  who.  on  the  field,  invoked  the  lx>rd  their  God 
to  arise.  So  let  it  be  with  us.  We.  must  be  at  least  one 
with  Him  in  spirit.  Let  us,  like  Cromwell,  invoke  the  Al- 
jiiiM'lit y  blessing,  aud.  clothed  with  the  panoply  of  patriot 
ism  and  religion,  strike  for  our  homes  and  our  country.  [Im 
mense  cheering.]  Let  us — oh,  let  us — without  reference  to 
any  differences  of  the  past,  keep  our  eyes  steadfastly  on  the 
great  object  to  be  achieved,  the  nationality  and  independ 
ence  of  this  country,  the  salvation  of  civilization  from  the 
insults  :md  assaults  of  barbarism:  and  then,  but  not  till 
then,  will  you  be  worthy  to  bo  recogni/ed  as  adistinguished 
portion  of  our  great  American  army.  [Long  continued 
cheering  from  the  whole  regiment.] 

Upon  the  conclusion  of  Colonel  Cochrane's  speech,  loud 
and  repeated  calls  being  made  for  the  Secretary  of  War,  Mr. 
Cameron  came  before  the  regiment,  and  said  : 

Soldiers :  It  is  too  late  for  me  to  make  you  a  speech  to 
night,  but  I  will  say  that  I  heartily  approve  every  senti 
ment  uttered  by  your  noble  commander.  The  doctrines 
which  he  has  laid 'down  I  approve  of  as  if  they  were  my 
own  words.  They  are  my  sentiments—sentiments  which 
will  not  only  lead  you  to  victory,  but  which  will  in  the  end 
reconstruct  this  our  glorious  Federal  Constitution.  It  is 
idle  to  talk  about  treating  with  these  rebels  upon  their  own 
terms.  We  must  meet  them  as  our  enemies,  treat  them  as 
enemies,  and  punish  them  as  enemies,  until  they  shall  learn 
to  behave  themselves.  Every  means  which  God  haxplnf:ed  in 
our  hands  it  is  our  duty  to  use  for  the  purpose  of  protecting 
ourselves.  I  arn  glad  of  the  opportunity  to  say  here,  what 
I  have  already  said  elsewhere,  in  these  few  words,  that  / 
approve  the  doctrines  this  evening  enunciated  by  Colonel  Cock- 
ram.  [Loud  and  prolonged  cheering.] 


APPENDIX. 


Democratic  National  Convention. 

1864,  August  29— The  body  met  at  12  o'clock, 
in  Chicago,  111.,  and  was  called  to  order  by  the 
Chairman  of  the  Democratic  National  Commit 
tee,  August  Belmoat,  who  said  : 

GENTLEMEN  OF  THE  CONVENTION  :  We  are  assembled  here 
to-day,  at  the  National  Democratic  Convention,  for  the  pur-  | 
pose  of  nominating  candidates  for  the  Presidency  and  Vice 
Presidency  of  the  United  States.  This  task,  at  all  times  a 
most  important  and  arduous  one,  has,  by  the  sad  events  of 
our  civil  war,  assumed  an  importance  and  responsibility  of 
the  most  fearful  nature.  Never,  since  the  formation  of  our 
government,  has  there  been  an  assemblage,  the  proceedings 
of  which  were  fraught  with  more  momentous  and  vital 
results,  than  those  which  must  flow  from  your  action. 
Towards  you,  gentlemen,  are  directed  at  this  moment  the 
anxious  fears  and  doubts,  not  only  of  millions  of  American 
citizens,  but  also  of  every  lover  of  civil  liberty  throughout 
the  wurld.  [Cheers.]  In  your  hands  rests,  under  the  ruling 
of  an  all-wise  Providence,  the  future  of  this  Republic. 
I-'our  years  of  misrule  by  a  sectional,  fanatical  and  corrupt 
party,  Lave  brought  our  country  to  the  very  verge  of  ruin. 
The  \iast  and  present  are  sufficient  warnings  of  the  dis 
astrous  consequences  which  would  befall  us  if  Mr.  Lincoln's 
re-election  should  be  made  possible  by  our  want  of  patriot 
ism  ami  unity.  The  inevitable  results  of  such  a  calamity 
must  bo  the  utter  disintegration  of  our  whole  political  and 
social  system  amidst  bloodshed  and  anarchy,  with  the  great 
problems  of  liberal  progress  and  self-government  jeopar 
dized  for  generations  to  come. 

The  American  people  have  at  last  awakened  to  the  con 
viction   that  a  change  of  policy  and  administration  can 
alone  stay  our  downward  course;  and  they  will  rush  to  the 
support  of  your  candidate  and  platform,  provided  you  will 
offer  to  their  suffrage  a  tried  patriot,  who  has  proved  his 
devotion  to  the  Union  and  the  Constitution,  and  provided 
that  you  pledge  him  and  yourselves  to  maintain  that  hal 
lowed  inheritance  by   every   effort  and  sacrifice  in  your 
power.     [Loud  applause.]     Let  us,  at  the  very  outset  of  our 
proceedings,  bear  in  miiid  that  the  dissensions  of  the  last 
democratic  convention  were  one  of  the  principal  causes 
which  gave  the  reins  of  government  into  the  hands  of  our 
opponents ;  and   let  us  beware  not  to  fall  again  into  the 
same   fatal   error.    We  must  bring  ;it  the  altar  of   our 
country  the  sacrifice  of  our  prejudices,  opinions  and  con 
victions — however  dear  and  long  cherished  they  may  be —  I 
from  the  moment  they  threaten  the  harmony  and  unity  of  j 
action  so  indispensable  to  our  success.    We  are  here  not  as  I 
war  democrats,  nor  as  peace  democrats,  but  as  citizens  of  | 
the  great  Republic,  which  we  will  strive  to  bring  back  to  | 
it«  former  greatness  and  prosperity,  without  one  single  star  i 
taken  from  the  brilliant  constellation  that  once  encircled  j 
its  youthful  brow.     [Cheers.]    Let  peace  and  disinterested  i 
patriotism,  tempered  by  moderation  and  forbearance,  pre-  i 
side  over  our  deliberations;  and,  under  the  blessings  of  the  ! 
Almighty,  the  sacred  cause  of  the  Union,  the  constitution  j 
and  the  laws,  must  prevail  against  fanaticism  and  treason,  j 
[Loud  cheering.] 

Mr.  Belmont  named  as  temporary  chairman  ' 
Ex-Uovernor  William  Bigler,  of  Pennsylvania,  j 
who  said  : 

GENTLEMEN  OF  THE  CONVENTION  :  I  am  greatly  honored  in  j 
your  selection  of  me  to  preside  over  the  preliminary  delib 
erations  of  this  body.     .My  acknowledgments  for  this  high 
complim  nt,  and  for  the  kind  greetings  just  extended  to  j 
me  by  this  vast  concourse  of  my  fellow  citizens,  will  be  ] 
best  manifested  by  a  proper  discharge  of  the  duties  of  the  i 
portion  to  -.vhichyou  have  called  me. 

It   is   not   expected,   nor  would  it  be  befitting  in  one  ! 
MSiiniiDg  the  temporary  Presidency  of  the  convention,  that 
bo  should  M»t«r  unon  auv  <>»meral   discussion  of  the  uianv 

27 


interesting  topics  suggested  by  the  unhappy  condition  of 
our  country.  A  brief  allusion  to  the  occasion  and  purposes 
of  our  assembling  is  all  that  will  be  necessary.  No  similar 
body  ever  assembled  in  America  with  mightier  objects 
before  it,  or  to  which  such  a  vast  proportion  of  the  Ameri 
can  people  looked  with  such  profound  solicitude  for  measures 
to  promote  the  welfare  of  the  country  and  advance  their 
individual  happiness. 

The  termination  of  democratic  rule  in  this  country  was 
the  end  of  peaceful  relations  between  the  States  and  the 
people.  The  elevation  of  a  sectional  party  to  authority  at 
Washington,  the  culmination  of  a  long  indulged  and  acri 
monious  war  of  crimination  and  re-crimination  between 
extreme  men  of  the  North  and  South,  was  promptly  fol 
lowed  by  dissolution  and  civil  war.  And  in  the  progress  of 
that  war  the  very  bulwarks  of  civil  liberty  have  been 
imperiled  and  the  whole  fabric  brought  to  the  very  verge 
of  destruction.  And  now,  at  the  end  of  more  than  three, 
years  of  a  war  unparalleled  in  modern  times,  for  its  mag 
nitude  and  for  its  barbarous  desolations — after  mr  re  than 
two  millions  of  men  have  been  called  into  the  field,  on  our 
side  alone,  after  the  land  has  been  Iherally  drenched  in 
fraternal  blood,  and  wailings  and  lamentations  are  heard  in 
every  corner  of  our  common  country,  the  hopes  of  the 
Union,  our  cherished  object,  are  in  nowise  improved.  The 
men  now  in  authority,  because  of  the  feud  which  they  have 
so  long  maintained  with  violent  and  unwise  men  of  the 
South,  and  because  of  a  blind  fanaticism  about  an  institu 
tion  of  some  of  the  States,  in  relation  to  which  they  have 
no  duties  to  perform  and  no  responsibilities  to  bear,  are 
rendered  incapable  of  adopting  the  proper  means  to  rescue 
our  country — our  whole  country — from  its  present  lament 
able  condition.  Then,  gentlemen,  it  is  apparent  that  the 
first  indispensable  step  to  the  accomplishment  of  this  great 
work  is  the  overthrow,  by  the  ballot,  of  the  present  admin 
istration,  and  the  inauguration  of  another  in  its  ste;id, 
which  shall  directly  and  zealously,  but  temperately  and 
justly,  wield  all  the  influence  and  power  of  the  government 
to  bring  about  a  speedy  settlement  of  the  national  troubles* 
on  the  principles  of  the  constitution  and  on  terms  honor 
able  and  just  to  all  sections,  North  and  South,  East  ami 
West;  one  which  shall  stand  unfalteringly  by  civil  and 
religious  liberty ;  one  which,  instead  of  iclying  solely  on 
its  own  peculiar  dogmas  and  doctrines  and  the  ravages  of 
the  sword,  shall  refer  the  national  troubles  to  the  people, 
the  fountain  of  political  authority,  and  to  the  States  under 
the  forms  of  the  constitution ;  one  which  shall  have  no 
conditions  precedent  to  the  restoration  of  the  Union,  but 
which  shall  diligently  seek  that  result  as  the  consummation 
of  permanent  peace  amongst  the  States  and  renewed  fra 
ternity  amongst  the  people. 

Gentlemen,  we  have  been  commissioned  by  the  people  to 
come  here  and  initiate  steps  to  accomplish  these  great 
objects;  to  select  an  agent  and  the  agencies  in  this  good 
work.  That  the  task  will  be  well  performed  I  have  unfal 
tering  faith  ;  and  that  the  people  may  sanction  and  God 
may  bless  these  means  to  the  desired  end,  is  my  sincere 
prayer. 

Rev.  Dr.  Robert  H.  Clarkson,  of  the  Episco 
pal  Church,  offered  a  prayer,  after  which  the 
names  of  delegates  were  called,  and  Commit 
tees  appointed  on  Credentials,  Organization, 
and  Resolutions.  The  latter  was  thus  composed  : 

Committee  on  Resolutions — Maine,  John  W.Dana;  Now 
Hampshire,  Edwin  Pease;  Massachusetts,  George  Lunt; 
Connecticut,  Charles  R.  Ingersoll;  Vermont,  T.  P.  UedfieM  : 
Rhode  Island,  Charles  S.  Bradley;  New  York,  Samuel  .). 
Tilden  :  New  Jersey,  Abraham  Browning;  Pennsylvania. 
William  A.  Wallace";  Delaware,  Charles  Brown  ;  Maryland, 
Thomas  G.  Pratt;  Kentucky,  Thomas  N.  Lindsey  and 
James  Guthrie;  Ohio,  Clement  L.  Yallandigliam ;  Indiana, 
James  M.  llanna:  Illinois,  S.  S.  Marshall;  Michigan, 
Augustus  C.  Baldwin;  Missouri,  William  A.  Hall ;  .Minne 
sota,  E.  0.  Ilamlin ;  Wisconsin,  George  B.  Smith ;  Iowa, 

417 


418 


APPENDIX. 


James  P.  Bates;  California,  John  B.  Weller;  Kansas,  Wm. 
C.  McDowell,  Oregon,  Benjamin  Stark. 

And  to  it  were  referred  the  resolutions  of 
fered  in  open  convention,  as  follows  : 
By  Washington  Hunt,  of  New  York : 

Resolred,  That  in  the  future,  as  in  the  past,  we  will 
adhere  with  unswerving  fidelity  to  the  Union  and  the  Con 
stitution,  and  insist  on  maintaining  our  national  unity  as 
the  only  solid  foundation  of  our  strength,  security  .md 
happiness  as  a  people,  find  us  a  framework  of  government, 
equally  conducive  to  tho  welfare  and  prosperity  of  all  the 
States  both  Northern  and  Southern;  and,  with  a  view  to 
terminate  the  pending  conflict  and  restore  the  blessings  of 
peace,  wo  are  in  favor  of  an  armistice,  and  of  earnest, 
honorable  efforts  to  adjust  the  terms  of  settlement  and 
Union  on  the  basis  of  tho  constitution  of  tho  United 
States :  and,  for  the  final  solution  of  all  differences,  we 
would  recommend  a  convention  of  the  States  to  review  the 
constitution,  and  adopt  such  amendments  and  modifica 
tions  us  may  seem  necessary,  more  fully  to  insure  to  each 
State  the  enjoyment  of  all  its  rights  and  the  undisturbed 
control  of  its  domestic  concerns,  according  to  the  original 
intent  and  purpose  of  the  Federal  compact. 

By  Thomas  L    Price,  of  Missouri : 

Resolved,  That,  in  this  great  crisis  of  our  national  history, 
the  freedom  and  purity  of  the  elective  franchise — that 
sacred  right  of  freemen  secured  to  us  by  the  blood  of  our 
fathers,  and  the  guaranties  of  the  constitution,  must  be 
maintained  against  all  assaults,  intimidation,  or  interfer 
ence  ;  and  we  hereby  pledge,  each  to  the  other,  and  all  of 
us  to  our  common  country,  our  lives,  our  fortunes,  and  our 
sacred  honors,  to  make  common  cause  with  the  people  of 
any  and  every  State  where  the  same  may  be  assailed  or 
trampled  upon ;  to  the  end  that  tho  constitutional  expres 
sion  of  the  popular  will  and  the  inestimable  right  of  self- 
government  may  bo  secured  for  ourselves  and  our  posterity. 

By  Alexander  Long,  of  Ohio  : 

Resolved,  That  a  committee,  to  be  composed  of  one  mem 
ber  from  each  State  represented  in  this  Convention,  to  be 
selected  by  the  respective  delegations  thereof,  be  appointed 
for  the  purpose  of  proceeding  forthwith  to  the  city  of 
Washington,  and,  on  behalf  of  this  Convention  and  the 
people,  to  ask  Mr.  Lincoln  to  suspend  tho  operation  of  the 
pending  draft  for  500,000  more  men  until  the  people  shall 
have  an  opportunity  through  the  ballot  box  in  a  free  elec 
tion — uninfluenced  in  any  manner  by  military  orders  or 
military  interference — cf  deciding  tho  question,  now  fairly 
presented  to  them,  of  war  or  peace,  at  the  approaching 
election  in  November ;  and  that  said  committee  be  and  they 
are  hereby  instructed  to  urge  upon  Mr.  Lincoln,  by  what 
ever  argument  they  can  employ,  to  stay  the  flow  of  fraternal 
blood,  ;it  least  so  far  as  the  pending  draft  will  continue  to 
augment  it,  until  the  people,  the  source  of  all  power,  shall 
h:ive  an  opportunity  of  expressing  their  will  for  or  against 
the  further  prosecution  of  the  war  in  the  choice  of  candi 
dates  for  the  Presidency. 

By  Hamilton  Alricks,  of  Pennsylvania  : 

We,  tho  representatives  of  the  democratic  party  of  the 
United  States  of  America,  in  National  Convention  assem 
bled,  lor  the  purpose  of  nominating  candidates  for  the  high 
offices  of  President  and  Vice  President,  to  be  voted  for  at 
the  ensuing  election,  point  with  pride  and  satisfaction  to 
the  past  history  of  our  common  country,  her  great  and 
marvelous  prosperity,  under  democratic  administration. 
Therefore,  in  order  to  restore  and  preserve  tho  integrity  of 
our  once  happy  Union,  re-establish  justice  and  domestic 
tranquility  throughout  our  borders,  promote  the  general 
welfare,  and  secure  the  return  of  the  blessings  of  liberty 
vouchsafed  to  us  by  our  forefathers,  we  here  renew  and 
declare  our  unalterable  attachment  to  the  Union,  and  that 
it  must  be  preserved  in  its  integrity.  Believing  that  the 
desirable  object  can  be  obtained  if  we  profit  by  the  wisdom 
of  our  forefathers,  we  here  adopt  as  our  sure  and  broad 
platform  the  constitution  of  the  United  States  in  its  length 
and  breadth,  and  pledge  our  candidates  to  maintain,  pre 
serve,  protect,  and  defend  the  same. 

Rcsolred,  That  we  cannot  view  with  indifference  the  open 
repudiation  and  violation  of  tho  Monroe  doctrine,  the 
establishment  of  an  empire  on  the  ruins  of  a  neighboring 
republic;  and  that  we  view  with  greater  alarm  and  distrust 
the  fearful-  strides  of  the  general  administration  at  our 
national  capital  towards  despotism,  in  their  repeated  inter 
ference  with  State  rights,  with  the  liberty  of  speech,  of  the 
press,  and  the  right  ofprivuto  property ;  wherefore,  we  call 
on  till  true  and  incorruptible  patriots  to  lay  aside  their 
partisan  prejudices,  to  look  our  bleeding  country's  troubles 
in  the  face,  calmly  to  consider  the  fearful  waste  of  blood 
and  treasure  through  the  unwise  acts  and  misguided  policy 
ol  the  present  national  administration,  and  assist  in  chang 


ing  our  rulers,  that  we  may  rescue  our  beloved  conntry  and 
the  liberties  of  the  people  from  certain  ruin. 

Resolved,  That  wo  will  use  all  honorable  means  known 
to  civilized  nations  to  bring  to  a  speedy  termination  the 
unfcappy  difficulties  that  disturb  our  country. 

August  30 — The  permanent  organization  was 
made,  with  Governor  Horatio  Seymour,  of  New 
York,  as  President.  On  taking  the  chair,  he 
said  : 

GENTLEMEN  OP  THE  CONVENTION  :  I  thank  you  for  the  high 
honor  you  have  conferred  upon  me  in  making  me  Prc-J.!'  nt 
of  this  body.  Tho  importance  of  the  occasion  has  already 
been  expressed  in  fitting  words  by  your  temporary  chair 
man.  1  have  not  language  to  tell  with  what  anxious  solici 
tude  the  people  of  this  country  watch  our  proceedings. 
The  prayers  of  men  and  women  in  ten  thousand  homes  go 
up  to  heaven  that  we  maybe  so  guided  in  our  deliberations 
that  our  action  may  conduce  to  the  restoration  of  our 
Union,  to  the  return  of  peace,  and  the  maintenance  of 
liberty  in  this  laud.  [Cheers.] 

It  is  not  for  me  to  forecast  your  action — it  is  not  for  mo 
to  say  what  methods  may  be  adopted  to  relieve  this  afflicted 
country  of  ours.  But  while  I  may  not  speak  on  that  sub 
ject,  I  can,  with  propriety,  allude  to  the  si-nt  intents  which 
animate  you  all.  There  is  no  man  here  who  does  not  love 
the  Union.  [Cheers.]  There  is  no  man  here  who  does  not 
desire  peace.  [Cheers.]  There  is  no  man  here  who  is  not 
resolved  to  uphold  the  great  principles  of  constitutional 


freedom.    [Applause.] 
I  know  that  the  utr 


the  utmost  importance  attaches  to  all  your 
proceedings.  I  know  it  is  of  vital  consequence  that  you 
should  select  such  men,  as  your  candidates,  as  enjoy  the 
confidence  of  the  American  people.  But  beyond  platforms 
and  beyond  candidates,  there  are  other  considerations  of 
still  greater  significance  and  importance.  When  you  wish 
to  know  what  the  policy  of  party  will  be,  you  must  strive 
to  learn  the  passions  and  sentiments  which  animate  that 
party.  Four  years  ago,  in  this  city,  there  was  an  assemblage 
of  citizens  from  tho  different  partsof  our  country,  who  met 
here  for  the  purpose  of  placing  in  nomination  a  candidate 
for  the  Presidency.  They  put  forth  declarations  that  they 
would  not  interltre  with  the  rights  of  tho  States  of  this 
Union.  They  did  not  intend  to  destroy  our  country — they 
did  not  mean  to  break  down  its  institutions.  But  unhap 
pily  they  were  influenced  by  sectional  prejudices,  by  fanati 
cism,  by  bigotry,  and  by  intolerance ;  and  we  have  found 
in  the  course  of  the  last  four  years  that  their  animating 
sentiments  have  overruled  their  declarations  and  their 
promises,  and  swept  them  on,  step  by  step,  until  they  have 
been  carried  on  to  actions  from  which  at  the  outset  they 
would  have  shrunk  away  with  horror.  Even  now,  when 
war  has  desolated  our  land,  has  laid  its  heavy  burthens 
upon  labor,  when  bankruptcy  and  ruin  overhang  us,  they 
will  not  have  Union  except  upon  conditions  unknown  to 
our  constitution ;  they  will  not  let  the  shedding  of  blood 
cease,  even  for  a  little  time,  to  cee  if  Christian  charity,  or 
the  wisdom  of  statesmanship  may  not  work  out  a  method 
to  save  our  country.  Nay,  more  than  this,  they  will  not 
listen  to  a  proposal  for  peace  which  does  not  offer  that 
which  this  government  has  no  right  to  ask. 

This  administration  cannot  now  save  this  Union  if  it 
would.  It  has,  by  its  proclamations,  by  vindictive  legisla 
tion,  by  displays  of  hate  and  passion,  placed  obstacles  in 
its  own  pathway  which  it  cann«t  overcome,  and  has  ham 
pered  its  own  freedom  of  action  by  unconstitutional  acts. 
It  cannot  be  said  that  the  failure  of  its  policy  is  duo  to  the 
want  of  courage  and  devotion  on  the  part  of  our  armies. 
[Cheers.]  Never  in  the  world's  history  have  soldiers  given 
up  their  lives  more  freely  than  have  those  of  the  armies 
which  have  battled  for  the  flag  of  our  Union  in  the  South 
ern  States.  The  world  will  hold  that  they  have  done  all 
that  arms  can  do;  and  had  wise  statesmanship  secured  the 
fruits  of  their  victories,  to-day  there  would  have  been  peace 
in  our  land.  [Much  applause.]  But  while  our  soMicrs 
have  desperately  struggled  to  carry  our  banner  southward 
to  the  Gulf  of  Mexico,  even  now  the  government  declares 
that  rebellious  discontent  has  worked  northward  to  the 
shores  of  tho  great  lakes.  The  guaranteed  right  of  the 
people  to  bear  anna  has  been  suspended  by  the  edict  of  a 
General  up  to  the  very  borders  of  Canada  ;  M>  that  American 
servitude  is  put  in  bold  contrast  with  British  liberty.*  This 


*  Supposed  to  refer  to  this  order : 

HEADQUARTERS  NORTHERN  DEPARTMENT, 

COLUMBUS,  Onio,  Auyust  27,  1864. 
[SPECIAL  ORDER  No.  53.] 

During  the  ensuing  sixty  days  no  fire  arms,  powder,  or 
ammunition  of  any  kind  will  be  received,  tran.-ported,  or 
delivered  by  any  railroad,  express,  or  other  forwarding 
company  within  the  Stites  comprised  within  the  limits  <>f 
this  department — vi/ :  Ohio,  Indiana,  Illinois,  and  Michigan 


APPENDIX. 


419 


Administration  thus  declares  to  the  world  it  has  now  no 
faith  in  Hie  people  of  States  whose  vote.s  placed  it  in  power; 
and  it  also  admits  by  such  edict  that  these  people  have  no 
faitli  iu  this  administration.  While  those  in  power,  without 
remorse,  sacrifice  the  blood  and  treasure  of  our  people,  they 
will  not  give  up  their  own  passions  for  the  public  good. 
Thi-s  Union  is  not  held  asunder  by  military  ambition.  If 
our  political  troubles  could  be  referred  to  the  peaceful 
arbitrament  of  the  contending  armies  in  the  field,  our 
Union  would  1  e  restored,  the  rights  of  States  would  be 
guaranteed,  the  sacredness  of  homes  and  persons  again 
respected,  and  an  insulted  judiciary  would  again  administer 
the  law.;  of  the  land.  Lot  not  the  ruin  of  our  country  be 
Charged  to  our  soldiers.  It  is  not  due  to  their  teachings  or 
their  fanaticism.  In  my  constant  official  intercourse  with 
them,  1  have  never  heard  uttered  one  sentiment  of  hatred  to 
wards  the  people  of  the  South.  Beyond  all  men  they  value 
the  blessings  of  peace  und  the  Virtues  of  mercy,  of  gentleness 
and  of  chanty ;  while  many  who  stay  at  home  cry  havoc, 
and  demand  that  no  mercy  shall  be  shown.  The  bigotry 
of  fanatics  and  the  intrigues  of  placemen  have  made  the 
bloody  pages  of  the  history  of  the  past  three  years. 

But  if  the  administration  cannot  save  this  Union,  we 
can.  [Loud  applause.]  Mr  Lincoln  values  many  things 
above  the  Union  :  we  put  it  first  of  all.  [Continued  cheer 
ing.]  He  thinks  a  proclamation  worth  more  than  peace ; 
we  think  the  blood  of  our  people  more  precious  than  the 
tjdicts  of  the  President.  [Cheers.]  There  are  no  hindrances 
in  our  pathways  to  Union  and  to  peace.  We  demand  no 
conditions  for  the  restoration  of  our  Union ;  we  are  shackled 
with  no  hates,  no  prejudices,  no  passions.  We  wish  for 
fraternal  relationship  with  the  people  of  the  South.  [Ap 
plause.]  We  demand  for  them  what  we  demand  for  our 
selves — the  i'ull  recognition  of  the  rights  of  States.  We 
mean  that  every  star  on  our  nation's  banner  shall  shine 
with  an  equal  lustre. 

In  the  coming  election  men  must  decide  with  which  of 
the  two  parties,  into  which  our  people  are  divided,  they 
will  act.  If  they  wish  for  the  Union  they  will  act  with 
that  party  which  does  now  and  always  did  love  and  rever 
ence  that  Union.  If  they  wish  for  peace,  they  will  act 
wiih  those  who  sought  to  avert  this  war,  and  who  now  seek 
to  restore  good  will  and  harmony  among  all  sections  of  our 
country.  If  they  care  for  their  rights  as  persons  and  the 
sacredness  of  their  homes,  they  will  act  with  those  who 
have  stood  up  to  resist  arbitrary  arrests,  despotic  legisla 
tion,  and  the  overthrow  of  the  judiciary.  [Loud  and  con 
tinued  applause.]  If,  upon  the  other  hand,  they  are  willing 
to  continue  the  present  policy  of  government  and  condition 
of  affairs,  let  them  act  with  that  organization  which  made 
the  present  condition  of  our  country.  And  there  are  many 
good  men  who  will  be  led  to  do  this  by  their  passions  and 
prejudices;  and  onr  land  swarms  with  placemen  who  will 
hold  upon  power  and  plunder  with  a  deadly  grasp.  But  as 
for  us,  we  are  resolved  that  the  party  who  have  made  the 
history  of  our  country,  since  their  advent  to  power,  seem 
like  some  unnatural  and  terrible  dream  shall  be  overthrown. 
[Applause.]  .Four  years  ago  it  had  its  birth  upon  this  spot. 
Let  us  see,  by  our  action,  that  it  shall  die  here  where  it 
was  born.  [Loud  and  continued  cheering.] 

In  the  political  contest  in  which  we  are  now  engaged, 
we  do  not  seek  partisan  advantages.  We  are  battling  for 
the  rights  of  those  who  belong  to  all  political  organizations. 
We  mean  that  their  rights  of  speech  shall  be  unimpaired, 
although  that  right  may  be  used  to  denounce  us.  We 
intend  that  rights  of  conscience  shall  be  protected,  al 
though  mistaken  views  of  duty  may  turn  the  temples  of 
religion  into  theatres  for  partisan  denunciation.  We  mean 
that  home  rights  and  the  sacredness  of  the  fireside  shall  be 
respected  by  those  in  authority,  no  matter  what  political 
views  may  be  held  by  those  who  sit  beneath  their  roof- 


— without  a  permit  from  these  headquarters;  from  Gen.  A. 
P.  llovey,  Indianapolis,  Indiana;  Gen.  II.  E.  Paine,  Spring 
field,  Illinois;  or  Lieut.  Col.  B.  II.  Hill,  Detroit,  Michigan, 
unless  shipped  by  or  delivered  to  an  authorized  officer  of 
the  United  States  Government. 

Dealers  in  these  articles,  or  others  having  them  in  their 
possession,  will  in  no  event  be  permitted  to  sell  or  deliver 
them  during  that  time. 

It  is  the  duty  of  all  military  commanders  and  all  provost 
marshals  and  their  assistants  to  see  that  this  order  is  en 
forced,  and  to  seize  all  such  articles  as  may  be  clandestinely 
sold,  shipped,  or  delivered  in  evasion  of  it.  Such  property 
will  at  once  be  reported  to  these  headquarters  for  the  de 
cision  of  the  commander  as  to  its  disposition. 

1'orwarding,  selling,  or  delivering  such  articles  during 
this  timo,  if  now  in  transitu,  excepting  that  they  maybe 
forwarded  by  such  railroads  as  now  hare  them  in  posses 
sion  for  safe  keeping,  wi'l  be  considered  an  evasion  of  this 
order.  The  facts  of  sr.  ;h  forwarding  will  be  reported  to 
these  headquarters. 

By  command  of  Major-General  Heintzelman  : 

C.  II.  POTTER,  A.  A.  General. 


trees.  When  the  democratic  party  shall  have  gained 
power,  we  shall  not  be  less,  bu"  iu:re  tenacious  upon  these 
subjects.  We  have  forborne  i.mch  because  those  who  are 
now  charged  with  the  conduct  of  public  affairs  knew  but 
little  about  the  principles  of  our  government.  Wo  were 
unwilling  to  present  an  appearance  of  factious  opposition. 
But  when  we  shall  have  gained  power,  that  official  who 
shall  violate  one  principle  of  law,  one  single  right  of  the 
humblest  man  in  our  land,  shall  be  punished  by  the  full 
rigor  of  the  law ;  it  matters  not  if  he  sits  in  the  Presi 
dential  chair  or  holds  a  humbler  office  under  our  govern 
ment.  [Cheers.] 

We  have  had  upon  this  floor  a  touching  and  significant 
proof  of  the  folly  of  this  administration,  who  have  driven  from 
its  support  those  upon  whom  it  chiefly  leaned  at  the  out 
set  of  this  rebellion;  when  their  hopes,  even  for  their  own 
personal  safety,  hung  upon  the  noble  men  of  the  border 
States,  [loud  and  continued  cheering,]  who,  under  circum 
stances  most  trying,  severed  family  relations  and  ancient 
associations,  to  uphold  the  flag  of  our  Union.  Many  of 
these  men  are  members  of  this  convention.  They  bear 
impressed  upon  their  countenances  and  manifest  in  their 
persons  the  high  and  generous  purposes  which  animate 
them ;  and  yet  it  is  true — great  God,  that  it  should  be 
true!— that  they  are  stung  with  a  sense  of  the  injustice 
and  ingratitude  of  low  and  unworthy  men,  who  have  in 
sulted  and  wronged  them,  their  families  and  their  rights, 
by  vindictive  legislation  or  through  the  agency  of  miserable 
dishonored  subordinates.  [Cheers.] 

Gentlemen,  I  trust  that  our  proceedings  will  be  marked 
by  harmony.  I  believe  we  shall  all  be  animated  by  the 
greatness  of  this  occasion.  It  may  be — in  all  probability 
it  is  true — that  the  future  destinies  of  our  country  hang 
upon  our  action.  Let  this  consideration  inspire  us  with  a 
spirit  of  harmony.  God  of  our  fathers  bless  us  now;  lift 
us  above  all  personal  consideration ;  fill  us  with  a  just 
sense  of  the  great  responsibilities  which  rest  upon  us,  and 
give  again  to  our  land  its  Union,  its  peace,  and  its  liberty. 

[Enthusiastic  and  long  continued  cheering  followed  the 
conclusion  of  Gov.  Seymour's  remarks.  The  entire  assem 
blage  participated,  and  thousands  of  voices  united  in  pour 
ing  forth  round  after  round  of  tumultuous  applause. 
When  the  enthusiasm  had  only  partially  subsided,] 

The  President  came  forward,  and  addressing  the  assem 
blage,  said :  I  wish  to  say  one  word  to  the  audience  here 
assembled.  The  delegates  who  compose  this  convention 
have  come  up  from  different  parts  of  the  Union  for  the 
purpose  of  acting  upon  your  most  important  interests.  We 
are  most  happy  that  you  should  be  the  witnesses  of  our 
proceedings,  but  one  thing  you  must  bear  in  mind :  That 
you  are  not  members  of  this  body,  and,  while  our  hearts 
will  be  cheered  to  find  that  patriotic  sentiments  are  received 
as  patriotic  sentiments  should  be  by  the  American  people, 
you  must  not  undertake  to  attempt  to  influence  the  de 
liberations  of  the  Convention,  or  allow  your  feelings  to  take 
such  form  of  expression  as  are  unbecoming  in  the  presence 
of  those  upon  whom  rest  the  responsibilities  of  the  occa 
sion.  [Cheers,  followed  by  loud  calls  for  Vallaudigham, 
mingled  with  applause  and  hisses.] 

THE  PLATFORM 

was  then  adopted,  as  reported  by  Mr.  Guthrie, 
Chairman  of  the  Committee  : 

Resolved,  That  in  the  future,  as  in  the  past,  we  will  ad 
here  with  unswerving  fidelity  to  the  Union  under  the  Con 
stitution  as  the  only  solid  foundation  of  our  strength,  secu 
rity  and  happiness  as  a  people,  and  as  a  framework  of 
government  equally  conducive  to  the  welfare  and  prosper 
ity  of  all  the  States,  both  northern  and  southern. 

Resolved,  That  this  convention  does  explicitly  declare, 
as  the  sense  of  the  American  people,  that  after  four  years 
of  failure  to  restore  the  Union  by  the  experiment  of  war, 
during  which,  under  the  pretense  of  a  military  necessity, 
or  war  power  higher  than  the  Constitution,  the  Constitution 
itself  has  been  disregarded  in  every  part,  and  public  liberty 
and  private  right  alike  trodden  down  and  the  material 
prosperity  of  the  country  essentially  impaired — justice,  hu- 
manity,  liberty  and  the  public  welfare  demand  that  imme 
diate  efforts  be  made  for  a  cessation  of  hostilities,  with  a 
view  to  an  ultimate  convention  of  the  States,  or  other 
peaceable  means,  to  the  end  that  at  the  earliest  practicable 
moment  peace  may  be  restored  on  the  basis  of  the  Federal 
Union  of  the  States. 

Resolved,  That  the  direct  interference  of  the  military 
authorities  of  the  United  States  in  the  recent  elections  held 
in  Kentucky,  Maryland.  Missouri  and  Delaware,  was  a 
shameful  violation  of  the  Constitution  ;  and  a  repetition  of 
such  acts  in  the  approaching  election  will  bo  held  aa  revo 
lutionary,  and  resisted  with  all  the  means  and  power  under 
our  control. 

Resolved,  That  the  aim  and  object  of  the  Democratic 
party  is  to  preserve  the  Federal  Union  and  the  rights  of  the 
States  unimpaired;  audfliey  hereby  declare  that  they  con- 


420 


APPENDIX. 


rider  that  the  administrative  usurpation  of  extraordinary 
arid  dangerous  powers  not  granted  by  the  constitution;  the 
subversion  of  the  civil  by  military  law  in  States  not  in  in 
surrection;  the  arbitrary  military  arrest,  imprisonment. 
inal  and  sentence  of  American  citizens  ia  States  where 
civil  law  exists  in  full  force;  the  suppression  of  freedom  of 

rech  and  of  the  press ;  the  denial  of  the  right  of  asylum  : 
open  and  avowed  disregard  of  State  rights;  the  em 
ployment  of  unusual  test-oaths,  and  the  interference  with 
and  denial  of  the  right  of  the  people  to  bear  arms  in  their 
defence,  is  calculated  to  prevent  a  restoration  of  the  Union 
and  the  perpetuation  of  a  government  deriving  its  just 
powers  from  the  consent  of  the  governed. 

Resolved,  That  the  shameful  disregard  of  the  adminis 
tration  to  its  duty  in  respect  to  our  fellow-citizens  who  now 
arc,  and  long  have  been,  prisoners  of  war  in  a  suffering 
condition,  deserves  the  severest  reprobation,  on  the  score 
alike  of  public  policy  and  common  humanity. 

Rcsolrr.d,  That  the  sympathy  of  the  Democratic  party  is 
heartily  and  earnestly  extended  to  the  soldiery  of  our  army 
and  sailors  of  our  navy,  who  are,  and  have  been  in  the 
field  and  on  thosea,  under  the  flag  of  their  country;  and, 
in  the  event  of  its  attaining  power,  they  will  receive  all  the 
care,  protection,  and  regard  that  the  brave  soldiers  and 
sailors  of  the  Republic  have  HO  nobly  earned. 

NOMINATIONS  OF    GEO    B.    M'CLELLAN  AND  GEORGK 
H.    PENDLETON. 

Mr.  John  P.  Stockton,  of  New  Jersey,  in  behalf  of  the 
delegation  of  that  State,  nominated  General  George  B.  Mc 
Clellan. 

Mr.  S.  S.Cox,  of  Ohio,  seconded  the  nomination. 

Mr.  Saulsbury,  of  Delaware,  nominated  Governor  Pow 
ell,  of  Kentucky.  Mr.  Powell  returned  his  thanks  to  the 
gentleman,  but  ho  firmly  believed  the  crisis  demanded  the 
candidate  of  the  party  should  come  from  a  nou-slavehold- 
ing  State.  Believing  so,  he  begged  the  gentleman  and  his 
colleague  from  the  gallant  State  of  Delaware  to  withdraw 
his  name. 

Mr.  Stuart,  on  behalf  of  a  portion  of  the  Ohio  delegation, 
nominated  Thomas  II.  Seymour. 

Mr.  WicklilTe,  on  behalf  of  a  portion  of  the  delegation 
from  Kentnc  .y,  nominated  Fraiiklin  Pierce,  but  subse 
quently  withdrew  it. 

The  day  was  spent  in  debate  upon  the  merits  of  the  can 
didates. 

August  31 — The  vote  for  President  was 
taken.  The  first  ballot,  a«?  taken,  stood :  McClel- 
lan,  174  ;  Thomas  H.  Seymour,  38  ;  Horatio 
Seymour,  12;  Charles  O'Conor,  £;  Blank,  1^. 
As  revised  and  finally  declared,  it  was : 
McClellan,  202J,  Thos.  H.  Seymour,  28£,  as 
follows: 

Maine— seven  for  McClellan. 

New  Hampshire — five  for  McClellan. 

Vermont— five  for  McClellan. 

Massachusetts — twelve  for  McClellan. 

Ilhode  Island— four  for  McClellan. 

Connecticut — nine  for  McClellan. 

New  York — thirty-three  for  McClellan. 

New  Jersey — seven  for  McClellan. 

Pennsylvania — twenty-six  for  McClellan. 

Delaware — two  for  Thomas  II.  Seymour. 

Maryland — seven  lor  Thomas  II.  Seymour. 

Kentucky— eleven  for  McClellan. 

Ohio— fifteen  for  McClellan,  six  for  Thomas  II.  Seymour. 

Indiana — nine  and  a  half  for  McClellan,  and  three  and  a 
half  for  Thomas  II.  Seymour. 

Illinois— sixteen  for  McClellan. 

Michigan— eight  for  McClellan. 

Missouri — seven  for  McClellan,  four  for  Thomas  II.  Sey 
mour. 

Minnesota— four  for  McClellan. 

Wisconsin — eight  for  McClellan. 

Iowa— eight  for  McClellan. 

Kuns-as — three  for  McClellan. 

California— live  for  McClellan. 

Oregon— three  for  McClellan. 

Mr.  Vallandigham  moved  that  the  nomination  of  George 
B.  McClellan  bo  made  the  unanimous  sense  of  the  Conven 
tion,  wl.ich  was  seconded  by  Mr.  MeKeon. 

Governor  Powell  briefly  addressed  the  Convention,  pledg 
ing  his  mosfenrnest  efforts  for  the  success  of  the  ticket. 

Judge  Allen,  of  Ohio,  and  others,  made  brief  speeches, 
and  the  question  was  tl*u  taken  on  making  the  nomination 
unanimous,  which  was  declared  carried  amid  deafening 
applause. 

Mr.  Wickliffe  offered  a  resolution  t  >  the  effect  that  Ken 
tucky  expects  the  first  net  of  McClellan,  when  inaugurated 
in  March  next,  will  be  to  open  Abraham  Lincoln's  prison 
doors  and  let  the  captives  free. 


The  Convention  then  proceeded  to  rote  for  Vic«  Preei 
dent. 

The  first  ballot  resulted  as  follows : 

James  Guthrie.  65^;  George  II.  Pendleton,  55%;  Daniel 
W.  Voorhees,  13;  George  W.  Cass,  '26:  Augustus  C.  Dodge 
9;  J.  II.  Caton,  16;  L.  W.  Powell,  32^;  John  S.  Phelps  8- 
blank,  %. 

On  the  second  ballot  New  York  threw  its  whole  vote  for 
Mr.  Pendleton,  its  chairman  stating  that  its  former  vote  for 
Guthrie  was  against  his  wishes.  The  other  candidates  were 
then  withdrawn,  and  Mr.  Pendleton,  of  Ohio,  was  unan 
imously  nominated,  who  then  took  the  stand,  and  said  : 

MR.  PRESIDENT,  AND  GENTLEMEN  OF  THE  CONVENTION  :  I 
have  received  with  profound  sensibility  this  mark  of  the 
confidence  and  kindness  of  the  Demrcracy  of  the  United 
States.  I  can  say  no  more  than  this  now.  You  will  con 
sider  said  all  that  is  proper  for  me  to  say  upon  an  occasion 
of  this  kind.  I  can  only  promise,  in  future,  to  endeavor, 
with  the  same  fidelity  that  1  have  tried  to  exercise  in  the 
past — in  entire  devotion  to  those  principles  which  lie  at  the 
very  foundation  of  our  government,  and  which  are  the 
basis  of  the  Federal  Constitution  and  of  the  rights  of  the 
States  and  of  the  liberties  of  the  individual  citizens— [im 
mense  applause] — shall  endeavor  to  be  faithful  to  those- 
principles  which  lie  at  the  very  bottom  of  the  organization 
of  the  democratic  party.  And  I  hope,  aye,  my  friends,  ani 
mated  with  the  fervent  hope  that  if.  by  the  selection  of  pro 
per  men,  we  can  give  a  true  and  faithful  application  to 
those  principles,  we  will  again  build  up  the  shattered  fabric 
of  our  government  and  hand  it  to  the  next  generation  as 
we  received  it  from  the  past — the  most  beautiful  structure 
of  government  which  the  world  has  ever  seen.  I  again 
tCLtler  to  you,  gentlemen,  my  grateful  acknowledgments 
for  the  compliment  you  have  done  me,  and  leave  the  floor. 
[Loud  and  long-continued  cheers.] 

After  a  vote  of  thanks  to  the  officers  of  the  Convention, 
with  nine  cheers  for  the  ticket,  the  Convention  adjourned,, 
subject  to  the  call  of  the  National  Committee,  in  pursuance 
of  this  action,  taken  early  in  the  session: 

Mr.  Wickliffe  said  the  delegates  from  the  West  were  of 
the  opinion  that  circumstances  may  occur  between  now 
and  the  4th  of  March  next  which  will  make  it  proper  forthft 
Democracy  of  the  country  to  meet  in  convention  ag'iin,  and 
he  therefore  moved  the  following  resolution,  which  was 
unanimously  adopted: 

Resolved,  That  the  Convention  sha.ll  not  be  dissolved  by 
adjournment  at  t,he  close  of  its  business,  but  shall  remain 
as  organized,  subject  to  be  called  at  any  time  and  place 
that  the  Executive  National  Committee  shall  designate. 

Gen.  McClellan's  Acceptance. 

LETTER  ANNOUNCING  THE    NOMINATION. 

NEW  YORK,  Sept.  8, 1864. 
Maj.  Gen.  GEORGE  B.  MCCLELLAN  : 

SIR  :  The  undersigned  were  appointed  a  Committee  by 
the  National  Democratic  Convention,  which  met  at  Chicago 
on  the  29th  of  August,  to  advise  you  of  your  unanimous 
nomination  by  that  body  as  the  candidate  of  the  Demo 
cratic  party  for  President  of  the  United  States,  and  also  to 
present  to  you  a  copy  of  the  proceedings  and  resolutions  of 
the  Convention. 

It  gives  us  great  pleasure  to  perform  this  duty,  and  to 
act  as  the  representatives  of  that  Convention  whose  delib 
erations  were  witnessed  by  a  vast  assemblage  of  citizens, 
who  attended  and  watched  its  proceedings  with  intense  in 
terest.  Be  assured  that  those  for  whom  we  speak  were  ani 
mated  with  the  most  earnest,  deroted  and  prayerful  desire 
for  the  salvation  of  the  American  Union,  and  preservation 
of  the  Constitution  of  the  United  States;  and  that  the  ac 
complishment  of  these  objects  was  the  guiding  and  impel 
ling  motive  in  every  mind. 

And  we  may  be  permitted  to  add.  that  their  purpose  to 
maintain  the  Union  is  manifested  in  their  selection,  a.s  their 
candidate,  of  one  whose  life  has  been  devoted  to  its  cause; 
while  it  is  their  earnest  hope  and  confident  belief  that  your 
election  will  restore  to  our  country  Union.  Peace,  and  Oon- 
ttitutional  Liberty , 

Wo  have  the  honor  to  be  your  obedient  lervanU, 

Horatio  Seymour,  Chairman. 

John  Bigler,  of  California. 

Alfred  P.  Kdgerton,  of  Indiana. 

Isaac  Lawrence,  of  Rhode  Island. 

John  Merritt.  of  Delaware. 

Hugh  McCimly,  of  Michigan. 

Joseph  E   Smith,  of  Maine. 

John  Cain,  of  Vermont. 

Benjamin  Stark,  of  Oregon. 

John  M.  Douglas,  of  Illinois. 

Charles  Neirus,  of  Iowa. 

John  I).  Stiles,  of  Pennsylvania. 
I      Wilson  Shannon,  of  Kansas. 


APPENDIX. 


421 


•George  H.  Carman,  of  Maryland. 

J.  G.  Abbott,  of  Massachusetts. 

C.  II.  Berry,  of  Minnesota. 

James  Guthrie,  of  Kentucky. 

Charles  A.  Wickliffe,  of  Kentucky. 

C.  G.  W.  Harrington,  of  New  Hampahir*. 

Goo.  W.  Morgan,  of  Ohio. 

Alfred  E.  Burr,  of  Connecticut. 

Theodore  Runyon,  of  New  Jersey. 

Weston  F.  Birch,  of  Missouri. 

John  A.  Green,  Jr.,  of  New  York. 

W.  T.  Galloway,  of  Wisconsin. 

LETTER  ACCEPTING}  THE    NOMINATION. 

ORANGE,  N.  J.,  September  8, 1S54. 

.GENTLEMEN:  I  have  the  honor  to  acknowledge  the  re 
ceipt  c-Fyour  letter  informing  me  of  my  nomination,  by  the 
Democratic  National  Convention  recently  assembled  at 
Chicago,  sis  their  candidate  at  the  next  election  for  Presi 
dent  of  the  United  States. 

It  is  unnecessary  for  me  to  say  to  yon  that  this  nomina 
tion  comes  to  me  unsought.  I  am  happy  to  know  that  when 
the  nomination  was  made,  the  record  of  my  public  life  was 
kept  in  view. 

The  effect  of  long  and  varied  service  in  the  army  during 
war  and  peace,  has  been  to  strengthen  and  make  indelible 
in  my  mind  and  heart  the  love  and  reverence  for  the  Union, 
Constitution,  laws,  and  flair  of  our  country  impressed 
upon  me  in  early  youth.  These  feelings  have  thus  far 
guided  the  course  of  my  lite,  and  must  continue  to  do  so  to 
its  end. 

The  existence  of  more  than  one  government  over  the  re 
gion  which  once  owned  our  flag  is  incompatible  with  the 
peace,  the  power,  and  the  happiness  of  the  people. 

The  preservation  of  our  Union  was  the  solo  avowed  ob 
ject  for  which  the  war  was  commenced.  It  should  have 
been  conducted  for  that  object  only,  and  in  accordance 
with  those  principles  which  I  took  occasion  to  declare  when 
in  active  service. 

Thus  conducted,  the  work  of  reconciliation  would  have 
been  easy,  and  we  might  have  reaped  the  benefits  of  our 
many  victories  on  land  and  sea. 

The  Union  was  originally  formed  by  the  exercise  of  a 
spirit  of  conciliation  and  compromise.  To  restore  and  pre 
serve  it  tho  same  spirit  must  prevail  in  onr  councils  and  in 
the  hearts  of  the  people.  The  re-establishrnent  of  the 
Union  in  all  its  integrity  is  and  must  continue  to  be  the  in 
dispensable  condition  in  any  settlement.  So  soon  as  it  is 
clear,  or  even  probable,  that,  our  present  adversaries  are 
.ready  tor  pe;ice,  upon  the  ba^is  of  the  Union,  we  should  ex 
haust  all  the  resources  of  statesmanship  practiced  by  eivil- 
i/ed  nations  and  taught  by  the  traditions  of  tho  American 
people,  consistent  with  the  honor  and  interests  of  the  coun 
try,  to  secure  such  peace,  re-establish  the  Union,  and  guar 
antee  for  the  future  the  constitutional  rights  of  every 
State.  The  Union  is  the  one  condition  of  peace— we  ask  no 
more. 

Let  me  add,  what  I  doubt  not  was,  although  unexpressed, 
the  sentiment  of  the  Convention,  as  it  is  of  the  people  they 
represent,  that  when  any  one  State  is  willing  to  return  to 
the  Uuioii,  it  should  be  received  at  once,  with  a  full  guaran 
ty  or  all  its  constitutional  rights. 

Ifu  frank,  earnest,  and  persistent  effort  to  obtain  these 
objects  should  fail,  the  responsibility  for  ulterior  conse 
quences  will  fall  upon  those  who  remain  in  arms  against 
the  Union.  But  the  Union  must  be  preserved  at  all  hazards. 

I  could  not  look  in  the  face  of  my  gallant  comrades  of  the 
army  and  navy,  who  have  survived  so  many  bloody  battles, 
and  tell  them  that  their  labors  and  the  sacrifice  of  so  many 
-of  our  slain  and  wounded  brethren  had  been  in  vain  :  that 
we  had  abandoned  that  Union  for  which  we  have  so  often 
periled  our  lives.  A  vast  majority  of  our  people,  whether 
in  the  army  and  navy  or  at  home,  would,  as  I  would,  hail 
with  unbounded  joy  the  permanent  restoration  of  peace,  on 
the  basis  of  the  Union  under  the  Constitution,  without  the 
effusion  of  another  drop  of  blood.  But  no  peace  can  be 
permanent  without  Union. 

As  to  the  other  subjects  presented  in  the  resolutions  of 
the  Convention,  1  need  only  say  that  I  should  seek  in  the 
Constitution  of  the  United  States,  and  the  laws  framed  in 
accordance  therewith,  the  rule  of  my  duty  and  the  limita 
tions  of  executive  power;  endeavor  to  restore  economy  in 
public  expenditure,  re-establish  the  supremacy  of  law 
and,  by  the  operation  of  a  more  vigorous  nationality,  re 
sume  our  commanding  position  among  the  nations  of  the 
%nth. 

The  condition  of  our  finances,  the  depreciation  of  tho  pa 
per  mom  > ,  and  the  burdens  thereby  imposed  on  labor  and 
Capital,  show  the  necessity  of  a  return  to  a  sound  financial 
Kj-stem  :  whilst  the  rights  of  citi/.eris  and  tho  rights  of  States, 
und  the  binding  authority  of  law  over  President,  army,  and 
people,  are  subjects  of  not  less  vital  importance  in  war  than 
in  pcuco.  believing  that  the  views  here  expressed  are  those 


of  the  Convention  ami  the  people  you  represent,  I  accept 
the  nomination.* 

I  realize  the  weight'  of  the  responsibility  to  be  borne-, 
should  the  people  ratify  your  choice.  Conscious  of  my  own 
weakness,  I  can  only  seek  fervently  the  guidance  of  tha 
Ruler  of  the  Universe,  and  relying  on  His  all-powerful  aid, 
do  my  best  to  restore  union  and  peace  to  a  suffering  peo 
ple,  and  to  establish  and  guard  their  liberties  and  rights. 

I  am,  gentlemen,  very  respectfully,  your  obedient  servaat, 
GEORGE  B.  McCLELLANT 

Hon.  HORATIO  SEYMOUR  and  others,  Committee. 

LETTER    OF    GENERAL    M'CLELLAN. 

ORANGI;,  October  13,  1864. 

MY  DEAR  SIR:  In  consequence  of  an  absence  of  several 
days  from  homo,  your  letter  of  the  8th  did  not  meet  my  eye 
until  to-day. 

I  accept  with  pride  the  honorary  membership  of  the  Le 
gion  you  have  done  me  the  honor  to  call  by  my  name.  No 
greater  compliment  could  have  been  paid  to  mo  than  this 
association  of  my  name  with  a  society  com  posed  of  my  com 
rades  in  the  present  war.  My  love  a*nd  gratitude  for  them 
have  remained  unchanged  during  our  long  separation,  and 
I  have  watched  with  the  most  intense  interest  their  noble 
and  persistent  gallantry  in  the  many  battles  they  have 
fought  under  the  commanders  who  have  succeeded  me  in 
the  Army  of  the  Potomac.  You  and  they  may  rest  satisfied 
that  I  remain  the  same  man  that  I  was  when  I  had  the 
honor  to  command  the  Army  of  the  Potomac,  and  that  I 
shall  never  willingly  disappoint  their  confidence. 

With  my  sincere  thanks  for  the  compliment  you  have 
paid  me,  and  my  earnest  wishes  for  the  prosperity  of  my 
former  comrades,  and  of  our  country,  I  am,  very  respectfully 
and  truly,  your  friend,  GEORGE  B.  McCLELLAN. 

Speeches  and  Letters  of  Mr.  Pendle- 
ton. 

HIS  SPEECH  AT  DAYTON. 
[From  the  Day  ton  (Ohio)  Empire,  Sept.  17.] 

Wo  had  last  night  another  of  those  magnificent  demon 
strations,  now  so  common  everywhere,  showing  conclu 
sively  with  what  force  the  tide  of  public  sentiment  is  mov 
ing  against  Abraham  Lincoln  and  in  faTor  of  the  Democ 
racy.  Mr.  Pendleton  came  to  the  city  yesterday  evening  af 
ter  the  Empire  had  gone  to  press,  and  consequently  too 
late  to  make  any  notice  of  his  arrival.  Nevertheless,  the 
ews  spread  rapidly,  a  band  was  engaged,  and  a  serenade 
appointed  at  eight  o'clock.  As  Mr.  Petidleton  was  the 
guest  of  Mr.  Vallandigham,  a  crowd  soon  began  to  assemble 
'n  front  of  Mr.  Vallandigham's  residence,  which  was  aug 
mented  to  thousands  by  the  arrival  of  an  immense  procea- 
lion,  headed  by  the  band. 

Mr.  Pendleton  being  loudly  called,  came  forward  and 
poke  as  follows: 

"  LADIKS  AND  GENTLEMEN  :  I  thank  you  for  this  very  flat 
tering  compliment;  I  thank  you  for  this  manifestation  of 
the  hospitality  of  Dayton,  which  has  become  proverbial 
throughout  the  United  States. 

"At  four  o'clock  this  afternoon  I  did  not  expect  to  be 
here  this  evening.  I  came  unexpectedly,  on  purely  per 
sonal  business,  disconnected  with  public  affairs.  I  had  no 
'dea  of  seeing  any  number  of  my  fellow-citizens  or  discuss- 
ng  political  questions. 

"This  immense  concourse  thus  suddenly  convened  fills 
ne  with  renewed  hope — it  gives  me  confidence  that  soon 
again  you  will  be  called  together,  not  as  now  to  commence 
i  vigorous  contest,  but  to  rejoice  over  its  result,  to  rejoice 
that  the  powers  of  the  Government  will  again  be  in  the  pos 
session  of  the  Democratic  [.arty,  whose  beneficent  princi 
ples,  recently  solemnly  announced  in  national  convention, 
wiH  bring  us  peace,  maintain  the  rights  of  the  States,  re- 
nvigorate  the  Union,  and,  with  peace  and  union,  will  se 
cure  us  tho  blessings  of  personal  liberty,  material  prosper- 
"ty,  and  national  power.  But  I  will  not  repay  your  kind- 
less  by  detaining  you  with  a  speech;  I  intended  only  to 
;hank  you  for  the  honor  you  have  done  me,  and  now  I  beg 
eave  to  wish  you  good  night." 

Air.  Vallandigham  was  next  called,  and  responded  in  a 


*Mr.  Vallandigham,  in   a  public  speech  at  Sidney,  Ohio, 
September  24,  thus  alludes  to  the  Chicago  platform  : 

I  claim,  as  the  member  from  Ohio  of  the  Committee  on 
llesolutions  in  that  Convention,  to  have  official  personal 
knowledge  that  he  (Gen.  McClellan)  is  mistaken.  The  two 
principal  points  in  that  letter  of  acceptance  to  which  I  ob 
ject  were  brought  before  the  committee.  The  one  contain 
ing  the  threat  of  future  war  was  unanimously  rejected. 
The  other  to  the  effect  that,  until  the  Stales  and  people  of 
the  South  had  returned  to  the  Union,  we  would  not  exhaust 
these  '  arts  of  statesmanship,'  as  they  are  called,  received 
but  throe  votes  in  that  committee,  though  presented  almost 
in  the  very  words  of  the  letter  itself." 


422 


APPENDIX. 


masterly  speech  of  half  an  hour,  which  was  repeatedly  in 
terrupted  by  cheers.  He  spoke  in  defence  of  the  Demo 
cratic  party  ;>nd  of  State  rights  and  peace,  and  in  support 
of  the  Chicago  platform.  The  Democratic  party  was  a  State 
rights  party — a  constitutional  party — a  Union  party — and 
just  now  a  peace  party.  It  was  his  party,  and  its  candidates 
were  his  candidates.  It  bore  the  Ark  of  the  Covenant;  it 
carried  the  fortunes  of  the  Republic,  and  in  its  success  lay 
the  only  hope  of  the  Republic.  The  Chicago  platform  enun 
ciated  its  policy  and  principles  by  authority,  and  was 
binding  upon  every  Democrat,  and  by  tlusm  the  democratic 
administration  must  and  should  be  governed.  It  was  the 
only  authori/ed  exposition  of  the  Democratic  creed,  and  he 
repudiated  all  others.  The  unity  and  harmony  of  the  (jarty 
were  essential  to  success,  and  without  success  in  November  I 
the  country  was  lost.  In  conclusion,  he  declared  his  pur-  j 
pose  to  vote  for  the  nominees  of  the  Chicago  Convention  as 
the  only  hope  of  securing  the  defeat  of  Lincoln,  and  the  I 
rescue  of  the  republic. 

HIS    SPEECH    IN    NEW    YORK. 

Mr.    Pendleton   was    serenaded   on    Monday  j 
night,  October  24,  at  the  New  Yopk    Hotel,  by  j 
the  McClellan  Legion,  an  association  composed  i 
of  former  soldiers  of  the  Army  of  the  Potomac. 
An  audience  of  several  thousand  persons  having 
assembled,    Mr.  Pendleton  was  introduced   bv 
Hon.  John  Van  Buren,  when  he  said : 

I  thank  you  for  this  manifestation  of  your  kind  feeling 
toward  myself.  I  am  the  more  grateful  for  it  as  it  comes 
from  men  who  have  stood  in  the  forefront  of  danger,  and 
periled  their  lives  for  their  country.  [Loud  cheers  ]  1 
accept  it  as  an  evidence  of  your  coniidence  in  and  of  your 
sympathy  with  my  devotion  to  the  Union  and  the  Consti 
tution.  ["Three  cheers  for  George  II.  Peudleton."] 

I  have  rarely  found  it  necessary  to  reply  to  any  personal 
attack.  A  friend  has  just  handed  me  a  pamphlet,  which 
he  tells  me  has  extensive  circulation  both  here  and  in  the 
army.  It  professes  to  be  a  record  of  my  speeches  and  votes 
in  Congress,  and  to  prove  from  them  my  hostility  to  the 
Republic.  It  professes  to  bo  published  by  the  "  Union  Con- 
grcssional  Committee/'  and  to  be  compiled  from  the  Con-  j 

Sn-s.^ioiial  Globe,  to  which  it  appeals  lor  its  entire  accuracy, 
n  the  seventh  page  of  that  pamphlet  I  am  charged  with 
having  voted  against  certain  resolutions  on  the  7th  July, 
180 1.  Now,  if  any  of  you  gentlemen  will  examine  the 
Globe,  or  the  file  of  any  daily  newspaper  of  your  city,  or 
will  even  tax  his  recollection,  he  will  find  that  Congress 
adjourned  on  the  4th  day  of  July,  1861.  [Great  laughter.] 
From  this  specimen  of  fraud  and  forgery  I  leave  you  to 
judge  of  the  credibility  of  the  whole  fabrication. 

I  was  born  in  Ohio;  I  have  lived  all  my  life  in  the  North-  i 
west;  I  know  the  sentiment  of  the  people;  L  sympathize  | 
entirely  with  it.  They  are  attached  by  every  tie  of  affec 
tion  and  interest  to  this  Union.  [Loud  cheering.] 

Unlike  New  York,  they  have?  never  known  another  Gov 
ernment.  They  never  existed  as  a  political  community 
bofore  this  Government  was  formed,  and  their  hearts  cling 
to  this  Government  with  indescribable  tenacity.  [Great 
applause.]  Unlike  you,  they  are  inland  people,  chiefly  de 
voted  to  agriculture.  As  an  integral  and  controlling  por 
tion  of  the  Union, they  have  prestige  and  power;  they  fear 
from  disunion  isolation  from  the  world  and  the  loss  of  that 
prestige  and  power.  [Cheers.]  Theirinterest  requires  that 
they  should  have  speedy  and  easy  communication  with  the 
ocean,  and  tiiis  they  intend  to  have  both  by  the  Gulf  of 
Mexico  and  the  city  of  New  York,  by  conciliation  and  in 
peace  if  they  can,  by  all  the  force  and  power  which  a  teem 
ing  population  and  a  fruitful  soil  give  them  if  they  must. 
[Loud  cheers.]  They  believe  that  the  first  step  towards 
maintaining  the  Union  is  the  election  of  General  McClel 
lan.  [Great  cheering.]  They  believe  that  the  restoration 
of  the  Democratic  party  to  power  will  produce  Union. 
[Cheers.]  They  believe  the  policy  of  this  Administration 
toward  both  the  Southern  and  Northern  States  is  fatal  to 
the  Union.  ["That's  so."]  General  McClellan,  in  his  Har 
rison-Landing  letter,  said:  "Neither  confiscation  of  prop 
erty,  nor  political  executions  of  persons,  nor  territorial  or 
ganization  of  Suites,  nor  forcible  abolition  of  slavery, 
should  be  for  one  moment  thought  of."  [Cheers.] 

In  his  letter  of  acceptance  he  said :  "  The  Union  was 
originally  formed  by  the  exercise  of  a  spirit  of  conciliation 
and  compromise.  To/'estore  and  preserve  it,  a  like  spirit 
must  prevail  in  the  councils  of  the  country  and  in  the 
hearts  of  the  people."  [Cheers.] 

The  Democratic  party  is  pledged  to  an  unswerving  fidel 
ity  to  the  Union  under  the  Constitution.  [Cheers.]  It  is 
pledged  to  •'  the  restoration  of  peace  on  the  basis  of  the 
Federal  Union  of  the  States.*'  [Loud  applause.] 

We  believe,  nay,  we  know,  that  if  this  party  shall  be  re- 


stored  to  power,  if  this  policy  shall  prevail,  the  Union  shall 
be  restored,  State  after  State  will  return  to  us,  and  the- 
echoes  of  our  rejoicing  will  come  down  to  us  from  the 
vaults  of  Heaven  Uselt,  in  token  that  Deity  approves  that 
statesmanship  which  tempers  all  its  policy  with  ii.vKlcrat.ion 
and  justice  and  conciliation.  [Ch«*rs.] 

When  next  I  meet  you  I  hope  we  may  have  already  en 
tered  on  that  work.  Again,  gentlemen,  I  thank  you  for 
your  attention,  and  wish  you  good  night.  [Loud  and  long 
cheers  followed  the  speech.] 

HIS    LETTERS. 

The  following  was  written  to  a  Democratic 
meeting  in  Missouri : 

CINCINNATI,  September  28, 1864. 

GENTLEMEN  :  I  regret  much  that  it  will  be  out  of  my 
power  to  attend  the  mass  meeting  which  you  propose  to 
hold  on  the  (ith  proximo.  The  cordial  terms  of  your  invi 
tation,  the  evidences  of  kindness  which  1  have  received  at 
the  hands  of  those  whom  you  represent,  and  my  own  desire 
to  catch  an  inspiration  of  your  faith  and  courage  and  zeal 
for  the  interests  of  our  country,  combine  to  make  me  regret 
the  necessity  to  decline  your  invitation. 

I  promised  to  be  with  you,  but  when  I  made  the  promise 
I  expected  to  be  zealous  and  active,  in  season  and  out  of 
season,  urging,  by  every  consideration  winch  appeals  to 
patriots,  the  utmost  exertion  to  secure  the  success  of  tho 
nominees  at  Chicago. 

Your  kindness  has  put  me  in  a  position  where  delicacy 
forbids  such  efforts.  I  could  only  say — what  1  have  often 
before  said — that  if  success  crowns  the  work  of  the  Demo 
cratic  party,  every  aspiration  of  my  heart  would  be  gratified 
by,  as  every  effort  of  my  life  would  be  directed  to,  the  pre 
servation  of  the  Union,  the  maintenance  of  the  Constitu 
tion,  and  the  securing  of  all  their  rights  to  the  States,  and 
of  all  their  liberties  to  the  people.  Very  truly,  yours, 

GEO.  H.  PKNDLETON. 


CINCINNATI,  October  17, 1864. 

MY  DEAR  SIR  :  I  have  received  your  friendly  letter.  Ma 
lignant  misrepresentations  and  lalsehoods  are  ho  frequent 
in  our  political  struggles,  that  I  have  rarely  undertaken  to 
correct  or  refute  them. 

I  make  no  professions  of  a  new  faith,  and  only  repeat  my 
reiterated  professions  of  an  old  one,  when  1  say  that  there 
is  no  one  who  cherishes  a  greater  regard  for  the  Union, 
who  has  a  higher  sense  of  its  inestimable  benefits,  who 
would  more  earnestly  labor  for  its  restoration  by  all  means 
which  will  effect  that  end  than  myself. 

The  Union  is  the  guarantee  of  the  peace,  the  power,  the 
prosperity  of  this  people,  and  no  man  would  deprecate 
more  heartily,  or  oppose  more  persistently,  the  establish 
ment  of  another  Government  over  any  portion  of  tho  terri 
tory  within  its  limits. 

I  am  in  favor  of  exacting  no  conditions,  insisting  upon  no 
terms  not  prescribed  in  the  Constitution,  and  1  am  opposed 
to  any  course  of  policy  which  will  defeat  the  re-esiablish- 
ment  of  the  Government  upon  its  old  foundation, and  in  ita 
territorial  integrity. 

I  am,  very  truly,  yours,  &c., 

GEORGE  H.  PENDLETON. 

Hon.  JOHN  B.  HASKIN,  New  York. 

CINCINNATI,  October  18, 1864. 

MY  DEAR  SIR  :  I  have  received  your  letter.  In  the  very 
beginning  of  this  war,  in  the  first  days  of  the  extra  .vision 
of  1661, 1  said,  in  my  place  in  Congress,  that  I  would  vote 
for  all  measures  necessary  to  enable  the  Government  to 
maintain  its  honor  and  dignity,  and  prevent  disaster  to  its 
flag.  I  have  done  so.  I  thought  that  by  the  adoption  of 
such  measures  the  faith  of  the*1  Government  was  pledged  to 
the  troops  in  the  field,  and  must  not  be  forfeited  by  inad 
equate  supplies.  I  never  gave  a  vote  which  was  incompat 
ible  with  this  sentiment. 

All  appropriations,  pure  and  simple,  for  the  support  and 
efficiency  of  the  army  and  navy,  had  my  cordial  concur 
rence.  It  was  only  wheu  they  were  connected  with  other 
and  improper  appropriations ;  when  by  re;ison  of  their  pop 
ularity  they  were  loaded  down  with  fraudulent  items  for 
the  benefit  of  contractors  or  speculators,  and  every  attempt 
to  separate  them  failed ;  when  they  were  made  a  stalking- 
horse  for  some  Abolition  scheme,  that  I  was  constrained  re 
luctantly  to  vote  against  the  whole  bill. 

But  I  repeat,  that  I  voted  against  no  bill  which  was  con 
fined  simply  to  the  object  of  supplies  for  the  army  and  the 
navy. 

I  am,  very  truly,  yours, 

GEO.  U.  PENDLETON. 

lion.  C.  L.  WARD,  Philadelphia. 


APPENDIX. 


423 


MB.  VALLANDIGHAM'S   LETTER   ON    THE   CHICAGO 
PLATFORM,  AC. 

SHCRMAN  HOUSE,  CHICAGO,  October  22. 
To  Hit  "Editor  of  the  New  York  News: 

In  the  World  of  the  20th  I  obf-erved  an  article  copied 
from  the-  AHiaiiv  Argut,  relating  to  Judge  Advocate  Holt's 
"Great  Copperhead  Conspiracy,"  and  which  contains  the 
following: 

'•  Mr.  Vallandigham  was  in  a  miserable  minority  in  the 
Chicago  Comemion.  He  sought  to  be  Chairman  of  the 
Comniiitfie  on  Rosolutiuns,  and  was  beaten  two  to  one.  He 
Iw!  the  opposition  to  McClellan,  and  after  his  letter  of  ac 
ceptance  thifw  up  his  engagements  to  speak." 

Now  I  have  re.'r.iined  in  every  speech,  except  the  first  — 
and  I  have  made  many  in  support  of  the  Democratic  can 
didates  for  President  and  Vice  President—  from  any  allusion 
to  the  private  history  of  the  Chicago  Convention,  and  did 
not  propose  to  refer  to  it  further  till  after  the  election. 
But  I  do  not  choose  to  suffer  the  foregoing  to  pass  unno 
ticed  even  now.  It  would  be  difficult  to  compress  more 
misrepresentation,  in  a  small  way,  within  the  same  com 
pass. 

1.  Mr.  Vallamligham  w«s  not  "  in  a  miserable  minority 
at  the  Chicago  Convention,"  and  no  one  knows  it  better 
than  the  man  Cassidy,  who  wrote,  and  Marble  who  endorses 
the  statement.    The  latter  I  hand  over  to  ex-Mayor  Op- 
dyke  for  judgment. 

2.  Mr.  Vallundigham  was  not  "  beaten  two  to  one  "for 
the    Chairmanship    of    the    Committee    on    Resolutions. 
Through    the   artifices  of  Cassidy,  Tilden,  and  other  New 
York    politicians,    Mr.    Guthrie,    of   Kentucky,    received 
twelve  votes  to  his  eight  for  that  post;  but  Mr.  Guthriu 
was  himself  afterwards  emphatically  repudiated  by   the 
Convention  when  presented  by  "  the  ring  ''  as  their  candi 
date  for  the  Vice  Presidency.     Mr.  Vallandigham  wrote  the 
second,  the  material  resolution   of  the   Chicago  platform, 
and  carried  it  through  the  sub-Committee  and  the  General 
Committee,  in  spite  of  the  most  desperate,  persistent  oppo 
sition  on  the  part  of  Cassidy  and  his  friends,  Mr.  Cajsidy 
himself  in  an  adjoining  room  laboring  to  defeat  it.    But  the 
various  substitutes  never  at  any  time  received  more  than 
three  votes. 

3.  Mr.  Vallandigham  did  not  "  lead  the  opposition  to  Mc- 
Clcllan,"  but  confined  his  efforts  almost  exclusively  to  the 
question  01'  platform.    He  did,  indeed,  vote  against  General 
McClellan  on  the  iirst,  but  for  him  on  the  revised  ballot, 
and  moved  that    the    nomination   lie    made  unanimous; 
whereupon  Cassidy  threw  up  his  hat  and  shouted,  and  he 
and  all  his  fellows  proclaimed  Vallandigham  a  very  proper 
man. 

4.  As  to  engagements  to  speak  in  support  of  the  Demo 


tion  of  the  Somhern  leaders  as  well  as  Mr.  Lincoln's  ulti 
matum  are  alike  impracticable,  and  favoring  the  earliest 
peace  attainable  on  the  basis  of  the  Constitution  and 
Union. 

Among  the  speakers  were  Coombs,  of  Kentucky  :  Perrin, 
of  Now  York;  Governor  Wells,  of  California,  and  Reed,  of 
Kentucky. 


Additional    Addresses    and    Papers 
from  President  Lincoln. 

HIS   SPEECH    TO    THE   148TH    OHIO    KEGIMENT. 

SOLDIERS  OF  THE  148TH  OHIO  :  I  am  most  happy  to  meet 
you  on  this  occasion.  I  understand  that  it  has  been  your 
honorable  privilege  to  stand,  for  a  brief  period,  in  the  de 
fence  of  your  country,  and  that  now  you  are  on  your  way 
to  your  homes.  I  congratulate  you,  and  those  who  are 
waiting  to  bid  you  welcome  home  from  the  war;  and  per 
mit  me  in  the  name  of  the  people  to  thank  you  for  the  part 
you  have  taken  in  this  struggle  for  the  life  of  the  nation. 
You  are  soldiers  of  the  Republic,  everywhere  honored  and 
respected.  Whenever  I  appear  before  a  body  of  soldiers,  I 
feel  tempted  to  talk  to  them  of  the  nature  of  the  struggle 
in  which  we  are  engaged.  I  look  upon  it  as  an  attempt  on 
the  one  hand  to  overwhelm  and  destroy  the  national  exist- 
euc,e,  while  on  our  part  we  are  striving  to  maintain  the 
Government  and  institutions  of  our  fathers,  to  enjoy  them 
ourselves,  and  transmit  them  to  our  children  and  our 
children's  children  forever. 

To  do  this  the  Constitutional  Administration  of  our  Gov 
ernment  must  be  sustained,  and  I  beg  of  you  not  to  allow 
your  minds  or  your  hearts  to  be  diverted  Irom  the  support 
of  all  necessary  measures  for  that  purpose,  by  any  miserable 
picayune  arguments  addressed  to  your  pockets,  or  inflam 
matory  appeal  made  to  your  passions  and  your  prejudices. 

It  is  vain  and  foolish  to  arraign  this  man  or  that  for  the 
part  he  has  taken  or  has  not  taken,  and  to  hold  the  Gov- 
e;  nment  responsible  for  his  acts.  In  no  Administration 
can  there  be  •perfect  equality  of  action  and  uniform  sati-i- 
faction  rendered  by  all. 

But  this  Government  must  be  preserved  in  spit*  of  the 
acts  of  any  man  or  set  of  men.  It  is  worthy  your  every 
effort.  Nowhere  in  the  world  is  presented  a  Government 
of  so  much  liberty  and  equality.  To  the  humblest  and 
poorest  amongst  us  are  held  out  the  highest  privileges  and 
positions.  The  present  moment  finds  me  at  the  White 
House,  yet  there  is  as  good  a  chance  for  your  children  as 
there  was  for  my  father's. 

Again  I  admonish  you  not  to  be  turned  from  your  stern 
purpose  of  defending  our  beloved  country  and  its  free  insti 
tutions  by  any  arguments  urged  by  ambitious  and  design 


cratic  candidates,  Mr.  Vallandigham  has  fulfilled  as  many     .  -.   . 

a*  any  Democratic  speaker  in  any  State, and  is  now  here,  in     1U6  men'  but  stand  tast  to  the  Union  and  the  old  flag. 


Illinois,  on  the  same  errand;  and,  without  immodesty,  he 
may  say  that  he  has  accomplished  quite  as  much  of  good 
lor  the  cause  as  Cassidy  and  his  Argus.  The  people  lack 
"  confidence"  in  Cassidy. 

5.  The  secret  of  this  and  similar  assaults  on  the  part  of  a 
certain  class  of  New  York  politicians  is,  that  they  cannot 
"  use  "  Mr.  Vallandigham.    Of  one  thing  further  let  them 
ie  assured  —  neither  can  they  kill  him. 

6.  As  to  the  charge  of  (i  conspiracy  "  set  forth  in  Judge 
Advocate   Holt's  pamphlet,  and  the  eleven  specifications 
summed  up  by  Mr.  Horace  Greeley,  I  have  only  to  say  that, 
so  far  as  I  am  concerned,  they  are  absolute  falsehoods  and 
fabrications  from  beginning  to  end.     They  are  false  in  the 
aggregate  and  false  in  detail.    More  than  that,  they  are  as 
preposterous  and  ridiculous  as  they  are  without  foundation  ; 
and  ail  this  Mr.  Judge  Advocate  Holt,  Mary  Ann  Pitman, 
and  Mr.  Horace  Greeley  very  well  know. 

C.  L.  VALLANDIGHAM. 


Mass    Convention  of  Conservative 
National  Union  Men. 

CniCAGO,  Auyust  27,  Midnight. — A  mass  Convention  of 
the  conservative  National  Union  men  was  held  this  after 
noon,  and  was  largely  attended.  The  Convention  met  in 
Bryan  Hall. 

Hon.  Anios  Kendall  was  elected  President,  and  a  list  of 
Vice  Presidents  was  adopted,  among  whom  were  represent 
ative.*  from  all  the  States,  North  and  South,  with  the  ex 
ception  of  three  or  four. 

Resolutions  were  adopted  denouncing  the  policy  of  the 
Administration  as  calculated  to  impel  both  sections  of  the 


Soldiers,  I  bid  you  God-speed  to  your  homes. 
TO   THE    164TH    OHIO. 

SOLDIERS:  You  are  about  to  return  to  your  homes  and 
your  friends,  after  having,  as  I  learn,  performed  in  camp  a 
comparatively  short  term  of  duty  in  this  great  contest.  I 
am  greatly  obliged  to  you  and  to  all  who  have  come  for 
ward  at  the  call  of  the  country. 

I  wish  it  might  be  more  generally  and  universally  under 
stood  what  the  country  is  now  engaged  in.  We  have,  as  all 
will  agree,  a  free  Government,  where  every  man  has  aright 
to  be  equal  with  every  other  man.  In  this  great  struggle, 
this  form  of  Government,  and  every  iorm  of  human  rights, 
is  endangered  if  our  enemies  succeed.  There  is  more  in 
volved  in  this  contest  than  is  realized  by  every  one.  There 
is  involved  in  this  struggle  the  question  whether  your 
children  and  my  children  shall  enjoy  the  privileges  we  have 
enjoyed. 

I  say  this  in  order  to  impress  upon  you,  if  you  are  not 
already  so  impressed,  that  no  small  matter  should  divert 
you  from  our  great  purpose.  There  may  be  some  inequali 
ties  in  the  practical  application  of  our  system.  It  is  fair 
that  each  man  shall  pay  taxes  in  exact  proportion  to  the 
value  of  his  property,  but  if  we  should  wait  before  collecting 
a  tax  to  adjust  the  taxes  upon  each  man  in  exact  propor 
tion  with  every  other  man,  we  should  never  collect  any  tax 
at  all.  There  may  be  mistakes  made.  Sometimes  things 
may  be  done  wrong,  while  the  officers  of  the  Government 
do  all  the}'  can  to  prevent  mistakes ;  but  I  beg  of  you  as 
citizens  of  this  great  republic,  not  to  let  your  minds  be 
carried  oft  from  the  great  work  we  have  before  us. 

The  struggle  is  too  large  for  you  to  be  diverted  from  it  by 
any  small  matter.  When  you  return  to  your  homes,  rise 


country  to  interminable  warfare;  proclaiming  adetermina-  j  up  to  the  dignity  of  a  generation  of  men  worthy  of  a  freo 
tion  to  maintain  the  Union  and  the  Constitution;  declaring  Government, and  we  will  carry  out  the  work  we  have  corn- 
that  tiit^  only  solution  of  the  existing  troubles  is  in  theunre-  menced. 


strained  exercise  of  the  elective  franchise  and  displacement 
of  the  present  Administration  ;  declaring  that  the  declara- 


I  return  you  my  sincere  thanks,  soldiers,  for  the  honor 
you  have  done  me  this  afternoon. 


424 


APPENDIX. 


HIS    LETTEK  ON  THE  ADOPTION    OF  THE  NEW  CON 
STITUTION    OK   MARYLAND. 

EXECUTIVE  MANSION,  WASHINGTON,  Oct.  10. 
Hon.  H.  W.  HOFFMAN: 

MY  DKAK  SIR:  A  convention  of  Maryland  has  formed  a 
now  Constitution  for  the  State.  A  public  meeting  is  called 
lor  this  evening,  at  Baltimore,  to  aid  in  securing  its  ratifi 
cation  by  the  people,  and  you  ask  a  word  from  me  on  the 
occasion.  I  presume  the  only  feature  of  the  instrument 
about  which  there  is  serious  controversy  is  that  which  pro 
vides  fur  the  extinction  of  slavery. 

It  needs  not  to  be  a  secret,  and  I  presume  it  is  no  secret, 
that  1  wish  success  to  this  provision.  I  desire  it  on  every 
tx>nsideration.  I  wish  all  men  to  be  free.  I  wish  the  ma 
terial  prosperity  of  the  already  free,  which  I  feel  secure 
the  extinction  of  slavery  would  brizig.  I  wish  to  see  in 
process  of  disappearing  that  only  thing  which  could  bring 
this  nation  to  civil  war. 

1  attempt  nr>  argument.  Argument  upon  the  question 
Is  alrea  I.v  exhausted  by  the  abler,  better  informed  and  more 
immediately  interested  sons  of  Maryland  herself.  I  only 
add  that  I  shall  be  gratified  exceedingly  if  the  good  people 
of  the  State  shall  by  their  votes  ratify  the  new  Constitu 
tion.  Yours  truly, 

A.  LINCOLN. 

Oct.  10 — The  President  was  serenaded  at  the 
White  House  to-night,  and,  on  appearing  at  nn 
upper  window,  spoke  as  follows  : 

I  am  notified  that  this  is  a  compliment  paid  me  by  the 
loyal  Marylanders  resident  in  this  District.  I  infer  that 
the  adoption  of  the  new  Constitution  for  the  State  furn 
ishes  the  occasion,  and  that,  in  your  view,  the  extirpation 
of  slavery  constitutes  the  chief  merit  of  the  new  Constitu 
tion. 

Most  heartily  do  I  congratulate  you  and  Maryland,  and 
the  nation,  and  the  world  upon  the  event.  I  regret  that  it- 
did  not  occnr  two  years  sooner,  whieh,  I  am  sure,  would 
have  saved  to  the  nation  more  money  than  would  have  met 
.".11  the  private  loss  incident  to  the  measure.  But  it  lias 
come  at  last,  and  I  sincerely  hope  its  friends  may  fully  re 
alize  all  their  anticipations  of  good  from  it,  and  that  its 
opponents  may,  by  its  effects,  be  agreeably  and  profitably 
disappoint*  d. 

A  word  upon  another  subject.  Something  said  by  the 
Secretary  of  State,  in  his  recent  speech  at  Auburn,  has 
been  construed  by  some  into  a  threat  that,  if  I  shall  be 
beaten  at  the  election,  I  will,  between  then  and  the  end  of 
my  constitutional  term,  do  what  I  may  be  able  to  ruin  the 
Government.  Others  regard  the  fact  that  the  Chicago  Con 
vention  adjourned  not  sine  <!ie,  but  to  meet  again,  if  called 
to  do  so  by  a  particular  individual,  as  the  intimation  of  a 
purpose  that  if  their  nominee  shall  be  elected  he  will  at 
once  seize  the  control  of  the  Government.  I  hope  the  good 
people  will  permit  themselves  to  suffer  no  uneasiness  on 
this  point. 

I  am  struggling  to  maintain  the  Government,  not  to 
overthrow  it.  I  am  struggling  espt  cially  to  prevent  others 
from  overthrowing  it.  1  therefore  say  that,  if  I  shall  live, 
I  shall  remain  President  until  the  fourth  of  next  March, 
and  th;it  whoever  shall  be  constitutionally  elected  there 
for,  in  November,  shall  be  duly  installed  as  President  on 
the  fourth  of  March,  and  that,  in  the  interval,  I  shall  do 
my  utmost  that  whoever  is  to  hold  the  helm  for  the  next 
voyage  shall  start  with  the  best  possible  chance  to  save  the 
ship. 

This  is  due  to  the  people  both  on  principle  and  under  the 
Constitution.  Their  will,  constitutionally  expressed,  is  the 
ultimate  law  for  all.  If  Hiey  should  deliberately  resolve  to 
have  immediate  peace,  even  at  the  loss  of  their  country 
and  their  liberties,  I  have  not  the  power  or  the  right  to  re 
sist  them.  It  is  their  own  business,  and  they  must  do  as 
they  ple:t*e  with  their  own.  I  believe,  however,  they  are 
still  resolved  to  preserve  their  country  and  their  liberty; 
and,  in  this  office  or  out,  I  am  resolved  to  stand  by  them. 

1  may  add,  that  in  this  purpose  to  save  the  country  and 
its  liberties  no  classes  of  people  seem  so  nearly  unanimous 
a-s  the  soldiers  in  the  field  and  seamen  afloat.  Do  they  not 
have  the  hardest  of  it?  Who  should  quail  while  they  do 
not?  God  bless  the  soldiers  and  seamen,  with  all  their 
brave  commanders. 

PKKSIDKNT  LINCOLN'S  INTERVIEW  WITH  HON.  JOHN 
T.   MILL'S,   OF  WISCONSIN. 

In  August,  the  Presid  -nt  had  an  interview 
with  Judge  Mills,  of  the  the  fifth  judicial  cir 
cuit,  Wisconsin,  the  political  features  of  which 


Judge  M.  thus  reports  in  a  letter  to  the  Grant 

county  (Wis  )  Herald: 

"  Mr.  President,''  said  Governor  Randall,  "why can't  yol 
seek  seclusion,  and  play  hermit  fora  fortnight?  It  would 
reinvigorate  you." 

"Ah,v  said  the  President,  "two  or  three  weeks  would  do 
me  no  good.  1  cannot  fly  from  my  thoughts — my  solicitude 
for  this  great  country  follows  me  wherever  I  go.  I  do  not 
think  it  is  personal  vanity  or  ambition,  though  I  am  not 
free  from  these  infirmities,  but  I  cannot  but  ft- el  that  the 
weal  or  woe  of  this  great  nation  will  be  decided  in  Novem 
ber.  There  is  no  programme  offered  by  any  wing  of  the 
Democratic  party  but  that  must  result  in  tlie  permanent 
destruction  of  the  Union." 

"But,  Mr.  President,  General  McClellan  is  in  favor  of 
crushing  out  this  rebellion  by  force.  Uo  will  be  the  Chi 
cago  candidate."' 

"Sir,  the  slightest  knowledge  of  arithmetic  will  prove  to 
any  man  that  the  Rebel  armies  cannot  be  destroyed  by 
Democratic  strategy.  It  would  sacrifice  all  the  white  men 
of  the  North  to  do  it.  There  are  now  in  the  service  of  the 
United  Stat-.-s  nearly  'JO^OOJ  able-bodied  colored  men,  most 
of  them  under  arms,  defending  and  acquiring  Union  terri 
tory.  The  Democratic  strategy  demands  that  these  forces 
be  disbanded,  and  that  the  masters  bo  conciliated  by  re 
storing  them  to  slavery.  The  black  men  who  now  assist 
Union  prisoners  to  escape  are  to  be  converted  into  our  ene 
mies,  in  the  vain  hope  of  gaining  the  good  will  of  their 
musters.  Wo  shall  have  to  fight  two  nations  instead  of 
one. 

"  You  caurot  conciliate  the  South  if  you  guarantee  to 
them  ultimate  success;  and  the  experience  of  the  present 
war  proves  their  success  is  inevitable  if  you  fling  the  com 
pulsory  labor  of  millions  of  black  men  into  tlicir  side  of 
the  scale.  Will  you  give  our  enemies  such  military  advan 
tages  as  insure  success,  and  then  depend  on  coaxing,  flat 
tery  and  concession  to  get  them  back  into  the  Union? 
Abandon  all  the  posts  now  garrisoned  by  black  men,  tuke 
200,000  men  from  our  side  and  put  them  in  the  battle-field 
or  corn-field  against  us,  and  we  would  be  compelled  to 
abandon  the  war  in  three  weeks. 

'  We  have  to  hold  territory  in  inclement  and  sickly 
places ;  where  are  the  Democrats  to  do  this  ?  It  was  a  free 
fight,  and  the  field  was  open  to  the  War  Democrats  to  put 
down  this  Rebellion  by  fighting  against  both  master  and 
slave,  long  before  the  present  policy  was  inaugurated. 

'•  There  have  beeii  men  basy  enough  to  propose  to  me  to 
return  to  slavery  the  black  warriors  of  Port  Hudson  and 
Olustee,  and  thus  win  the  respect  of  the  masters  they 
fought.  Should  I  do  so,  I  should  deserve  to  be  damned  in 
time  and  eternity.  Come  what  will,  I  will  keep  my  faith 
with  friend  and  foe.  My  enemies  pretend  I  am  now  carry 
ing  on  this  war  for  the  sole  purpose  of  abolition.  So  long 
as  I  am  President,  it  shall  be  carried  on  for  the  sole  pur 
pose  of  restoring  the  Union.  But  no  human  power  cau 
subdue  this  rebellion  without  the  use  of  the  emancipa 
tion  policy,  and  every  other  policy  calculated  to  weaken 
the  moral  and  physical  forces  of  the  rebellion. 

"  Freedom  has  given  us  200,000  men,  raised  on  Southern 
soil.  It  will  give  us  more  yet.  Just  so  much  it  has  sulc 
stracted  from  the  enemy,  and,  instead  of  alienating  the 
South,  there  are  now  evidences  of  a  fraternal  fueling  grow 
ing  up  between  our  men  and  the  rank  and  file  of  the  rebel 
soldiers.  Let  my  enemies  prove  to  the  country  that  the 
destruction  of  slavery  is  not  necessary  to  a  restoration  of 
the  Union.  I  will  abide  tbe  issue/' 

PRESENTATION    TO  THE    PRESIDENT. 

Recently,  a  committee  of  loyal  colored  people  of  Balti 
more  formally  presented  to  the  President  an  imperial 
quarto  Bible,  ^>lendidly  bound,  costing  $oSO,  as  a  token  of 
their  respect  and  gratitude  to  him  for  his  active  part  in  the 
cause  of  emancipation.  They  say  that  since  they  have 
been  incorporated  in  the  American  family  they  have  been 
true  and  loyal,  and  now  stand  ready  to  defend  the  country, 
and  that  they  are  prepared  to  be  armed  and  trained  to  pro 
tect  and  defend  the  star-spangled  banner. 

The  President  replied:  "  1  can  only  say  now,  as  I  have 
often  said  before,  that  it  has  always  been  a  sentiment  with 
me  that  all  mankind  should  be  free  So  far  as  I  have  been 
able,  or  so  far  as  came  within  my  sphere,  I  have  always 
acted  as  I  believed  was  right  and  just,  and  have  done  all  I 
could  for  the  good  of  mankind.  I  have  in  letters  and  docu 
ments  sent  forth  from  this  office  expressed  myself  letter 
than  I  can  now.  In  regard  to  the  Great  Book,  1  have  only 
to  say  that  it  is  the  best  gift  which  God  1ms  given  man. 
All  the  good  from  the  Saviour  of  the  world  is  communi 
cated  to  us  through  this  book.  But  for  this  book  we  could 
not  know  right  from  wrong.  All  those  things  desirable  to 
man  are  contained  in  it. 

"  I  return  you  my  sincere  thanks  for  this  very  elegant 
copy  of  the  great  Book  of  God  which  you  present:' 


APPEXDIX. 


425 


THB   PROTEST  OF  TENNESSEE — REPLY   OF   THE 
PRESIDENT. 

EXECUTIVE  MANSION,  WASHINGTON,  D.  C., 

October  '2'2, 1864. 

Messrs.  WM.  B.  CAMPBELL,  THOMAS  A.  R  NELSON,  JAMES  T. 
P.  CART::«,  JOHN  WILLIAMS,  A.  BLIZZARD,  HENRY  COOPER, 
BAILIE  PKTTON,  JOHN  LELLYETT,  E.  ETHERIDGE,  J.  HN  D. 
P^RKYMANS : 

GENTLEMEN:  On  the  15th  day  of  this  month,  as  I  remem 
ber,  a  printed  paper,  with  a  few  manuscript  interlineations, 
called  a  protest,  with  your  names  appended  thereto,  and 
-accompanied  by  another  printed  paper  purporting  to  be  a 
proclamation   by  Andrew  Johnson,  Military  Governor  of 
Tennessee,  and  also  a  mamir-ciipt  paper  purporting  to  be 
extracts  from  the  Code  of  Tennessee,  was  laid  before  .me.  | 
The  protest,  proclamation  and  extracts  are  respectively  as  I 
follows : 

[The  protest  is  here  recited,  and  also  the  proclamation  of  ! 
<jJovemor  Johnson,  dated  September  GO,  to  which  it  reters,  i 
together  with  a  list  of  the  counties  in  East,  .Middle,  and 
West  Tennessee;  also,  an  extract  from  the  Code  of  Tennes 
see,  in  relation  to  electors  of  President  and  Vice  President 
of  the  United  States,  the  qualifications  of  voters  for  mem 
bers  of  the  General  Assembly,  and  the  places  of  holding 
elections  of  officers  of  popular  elections--.] 

The  PRESIDENT  then  says: 

At  the  time  these  pap-jrs  were  presented,  as  before  stated, 
1  had  never  seen  either  of  them,  nor  heard  of  the  subject  to 
which  they  relate,  except  in  a  general  way,  only  one  day 
previously.  Up  to  the  present  moment  nothing  whatever 
bus  passed  between  Governor  Johnson,  or  any  one  else  con 
nected  witli  the  proclamation,  and  myself.  Since  receiving  j 
ihe  papers,  as  stated,  1  have  given  the  subject  such  brief 
consideration  as  I  have  been  able  to  do  in  the  midst  of  so 
many  pressing  public  duties. 

My  conclusion  is  that  I  have  nothing  to  do  with  the  mat 
ter,  either  to  sustain  the  plan  as  the  Convention  and  Gov 
ernor  Johnson  have  initiated  it,  or  to  revoke  or  modify  it  as 
you  demand.  By  the  Constitution  and  laws,  the  President 
is  charged  with  no  duty  in  the  conduct  of  a  Presidential 
election  in  any  State;  nor  do  I,  in  this  case,  perceive  any 
military  reason  lor  his  interference  in  the  matter. 

The  movement  set  on  foot  by  the  Convention  and  Gov- 
•ernor  Johnson  does  not,  as  seems  to  be  assumed  by  you, 
emanate  from  the  National  Executive.  In  no  proper 
Sense  can  it  be  considered  other  than  as  an  independent  j 
movement  of  at  least  a  portion  of  the  loyal  people  of  Ten 
nessee. 

I  do  not  perceive  in  the  plan  any  menace  of  violence  or 
coercion  towards  any  one.  Governor  Johnson,  like  any 
other  loyal  citizen  of  Tennessee,  has  the  right  to  favor  any 
political  plan  he  chooses,  and,  as  Military  Governor,  it  is 
his  duty  to  keep  the  peace  among  and  for  "the  loyal  people 
of  the  State.  1  cannot  discern  that  by  this  plan  he  pur 
poses  any  more. 

But  you  object  to  the  plan.  Leaving  it  alone  will  be 
your  perfect  security  against  it.  Do  as  you  please  on  your 
own  account,  peace-hilly  and  loyally, and  Governor  Johnson 
will  not  mylcst  you,  but  will  protect  you  against  violence 
so  far  as  in  his  power. 

I  presume  that  the  conducting  of  a  Presidential  election 
in  Tennessee,  in  strict  accordance  with  the  old  Code  of  the 
State,  is  not  now  a  possibility. 

It  is  scarcely  necessary  to  add  that  if  any  election  shall 
be  held,  and  any  votes  shall  bo  cast  in  the  State  of  Tennes 
see  for  President  and  Yice  President  of  the  United  States,  it 
will  belong,  not  to  the  military  agents,  nor  yet  to  the  Ex 
ecutive  department,  but  exclusively  to  another  department 
of  the  Government,  to  determine  whether  they  are  entitled 
to  be  counted,  in  conformity  with  the  Constitution  and 
laws  of  the  United  States. 

Except  it  be  to  give  protection  against  violence,  I  de 
cline  to  interfere  in  any  way  with  any  Presidential  election. 
ABRAHAM  LINCOLN. 

REMARKS  TO  THE   189lH  NEW  YORK  REGIMENT. 

On  Monday,  October  24,  this  regiment,  or 
ganized  under  the  late  call  for  500,000  men, 
Col.  Wm.  W.  Hoyt  commanding,  passed  through 
Washington,  on  their  way  to  the  front.  Pre 
vious  to  their  d  parture  by  transport,  the  regi 
ment  was  paraded  in  front  of  the  White  House, 
and  presented  to  the  President  of  the  United 
States  by  the  Colonel,  in  a  few  appropriate  re 
marks.  Mr.  Lincoln  was  received  with  the  ut 
most  enthusiasm,  and  replied  to  the  greeting 
which  met  him  as  follows  : 


SOLDIERS:  I  am  exceedingly  obliged  to  you  for  this  mark 
of  respect.  It  is  said  that  we  have  the  best  Government 
the  world  ever  knew,  and  I  am  glad  to  meet  you,  the  sup 
porters  of  that  Government.  To  you  who  render  the  hardest 
work  in  its  support  should  be  given  the  greatest  credit. 
Others  who  are  connected  with  it,  and  who  occupy  higher 
positions,  their  duties  can  be  dispensed  with,  but  we  can 
not  get  along  without  your  aid.  While  others  differ  with 
the  Administration,  and,  perhaps,  honestly,  the  soldiers 
generally  have  sustained  it  ;  they  have  not  only  fou?ht 
right,  but.  so  far  as  could  be  judged  from  their  actions,  they 
have  voted  right,  and  I  for  one  thank  you  for  it.  I  know 
you  are  en  route  for  the  front,  and  therefore  do  not  expect 
me  to  detain  you  long,  and  will  therefore  bid  you  good 
morning. 

The  President  retired,  and  the  regiment  gave 
him  three  cheers,  heartily  and  enthusiastically. 
Col.  Hoyt  is  an  old  soldier,  having  served  since 
the  commencerne  t  of  the  existing  rebellion  in 
the  army.  His  regiment  is  r.-iised  chiefly  in 
Steuben  and  Allegany  counties,  and  will,  with 
its  gallant  Colonel,  be  heard  from  in  the  coming 
campaign. 

CORRESPONDENCE    BETWEEN    PRESIDENT    LINCOLN 
AND  GEN.   GRANT. 

EXECUTIVE  MANSIOX, 
WASHINGTON,  April  GO,  1864. 
LIEUTENANT  GENERAL  GRANT  : 

Not  expecting  to  see  you  before  the  Spring  campaign 
opens,  I  wish  to  express,  in  this  way,  my  entire  satisfaction 
with  what  you  have  done  up  to  this  time,  so  far  as  I  undei«- 
stand  it.  The  particulars  of  your  plans  I  neither  know  nor 
seek  to  know. 

You  are  vigilant  and  self-reliant,  and,  pleased  with  this, 
I  wish  not  to  obtrude  any  restraints  or  constraints  upon 
you.  While  I  am  very  anxious  that  any  great  disaster  or 
capture  of  any  of  our  men  in  any  great  numbers  shall  bo 
avoided,  I  know  that  these  points  are  less  likelv  to  escape 
your  attention  than  they  would  be  mine.  If  there  be  any 
thing  wanting  which  is  within  my  power  to  give,  do  not 
fail  to  let  me  know  it.  And  now,  with  a  brave  army  and  a 


just  cause,  may  God  sustain  you. 
Yours,  very  truly, 


A.  LINCOLN. 


HEADQUARTERS  ARMIES  UNITED  STATES, 

CULPEPER  C.  II.,  YA.,  May  1,  1864. 
THE  PRESIDENT  : 

Your  very  kind  letter  of  yesterday  is  just  received.  The 
confidence  you  express  for  the  future  and  satisfaction  for 
the  past,  in  my  military  administration,  is  acknowledged 
with  pride.  It  shall  be  my  earnest  endeavor  that  you  and 
the  country  shall  not  be  disappointed. 

From  my  first  entrance  into  the  volunteer  service  of  the 
country  to  the  present  day  I  have  never  had  cause  of  com 
plaint,  have  never  expressed  or  implied  a  complaint  against 
the  Administration  or  the  Secretary  of  War  lor  throwing 
any  embarrassment  in  the  way  of  my  vigorously  prose 
cuting  what  appeared  to  be  my  duty.  Indeed,  since  the 
promotion  which  placed  me  in  command  of  all  the  armies, 
and  in  view  of  the  great  responsibility  and  importance  of 
success,  I  have  been  astonished  at  the  readiness  which 
everything  asked  for  has  been  yielded,  without  even  an 
explanation  being  asked. 

Should  niy  success  be  less  than  I  desire  and  expect,  the 
least  I  can  say  is,  the  fault  is  not  with  you. 
Very  truly,  your  obedient  servant, 

U.  S.  GRANT, 

Lieutenant  General. 


Withdrawal  of  Generals  Fremont  and 
Cochrane. 

BOSTON,  August  20. 
General  FREMONT  : 

SIR  :  You  must  be  aware  of  the  wide  and  growing  dis 
satisfaction  in  the  Kepublican  ranks  with  the  Presidential 
nomination  at  Baltimore,  and  you  may  have  seen  notices  of 
a  movement  just  commence  I  to  unite  the  thorough  and 
earnest  friends  of  a  vigorous  prosecution  of  the  war  in  a 
new  Convention  which  shall  represent  the  patriotism  of 
all  parties. 

To  facilitate  the  movement,  it  is  emphatically  advisable 
that  the  candidates  nominated  at  Cleveland  and  Baltimore 
should  withdraw,  and  leave  the  field  entirely  free  lor  such 
a  united  effort.  Permit  us,  sir,  to  ask  whether,  in  case  Mr. 
Lincoln  will  withdraw,  you  will  do  so,  and  join  your  fellow- 
citizens  in  this  attempt  to  place  tl  e  Administration  on  a 


420 


APPENDIX. 


l>««is  broad  as  the  patriotism  of  the  country  and  as  its 

GEORGE   L.  STEARNS, 
S.   R.  UKBINO, 
JAMES  M.  Sl'ONB, 
EL1ZUK  WRIGHT, 
EDWAKD  HABICII, 
SAMUEL  G.  HOWE. 


NAHANT,  August  25. 

GENTLEMEN:  I  have  to  acknowledge  the  receipt  of  your 
letter  of  the  20th,  addressed  to  me  in  New  York. 

If  your  letter  were  in  effect  an  appeal  only  to  iny  own 
ueutiments  in  favor  of  a  re-union  of  parties,  I  should  not 
hesitate  to  renounce  my  personal  views,  but  would  be  en 
tin?ly  ready  to  defer  to  tht;  public  opinion  which  your 
names  represent. 

But  the  conditions  are  no  longer  the  same  as  when  I 
expressed  my  readiness  to  retire  in  the  event  of  a  contin 
gency  w.iich  might  have  occurred  at  Baltimore.  II nving 
now  definitely  accepted  tue  Cleveland  nomination,  I  have 
not  the  right  to  act  independently  of  the  truly  patriotic 
and  earnest  party  who  conferred  that  honor  upon  me.  In 
any  event  it  would  be  necessary  first  to  consult  with  them. 
It  might,  besides,  have  only  the  effect  still  lurther  to  un 
settle  the  public  mind,  and  defeat  the  object  you  have  in 
view,  .f  we  should  disorganize  before  first  proceeding  to 
organize  something  better. 

To  this  end  I  suggest  that  a  direct  effort  be  made  to  ob 
tain  an  immediate  understanding  between  the  supporters 
of  the  Baltimore  and  Cleveland  nominations,  in  order  that 
the  friends  of  both  may  coalesce,  and  unite  upon  an  early 
day  for  holding  such  a  convention  as  you  propose.  I  am 
satisfied  that  1  do  not  assume  too  much  in  saying  that  my 
friends  will  unite  heartily  in  such  a  movement. 

A  icaily  popular  convention,  upon  a  broad  and  liberal 
bus.s,so  that  it  could  be  regarded  as  a  convocation  in 
u;ass  ol'  the  peopk>,  and  not  the  work  of  politicians,  would 
command  public  confidence.  Such  a  convention,  acting  in 
the  large  and  liberal  spirit  in  which  it  was  called,  without 
considerations  ol  persons  or  political  cliques,  and  without 
reference  to  bygone  situations,  rising  to  the  level  of  the  oc 
casion  and  taking  the  conditions  of  the  country  as  thev  pre 
sent  themselves  to-day,  could  safely  be  trusted  to  propose 
such  a  policy  and  name  si:ch  a  man  as  should,  and  un 
doubtedly  would,  receive  the  cordial  and  united  support  of 
the  patriotic  masses  of  the  people.  To  the  great  body  of 
these,  so  fur  as  my  information  allows  mo  to  form  any 
opinion,  1  think  that  the  following  propositions  would  be 
acceptable : 

1.  Respect  for  the  practical  liberty  and  the  constitutional 
rights  and  dignity  of  the  citizen. 

'2.  The  maintenance  of  the  dignity  of  the  United  States 
in  their  relations  to  foreign  Powers. 

3.  The  re-establishment  of  the  Union;  by  peace  if  it  is 
possib.e  ;  by  war,  if  the  employment  of  peaceful  measures 
cannot  be  made  to  succeed. 

Much  has  been  said  of  Iat3  about  peace,  and  you  will 
therefore  excuse  me  if  I  say  here  what  I  understand  by  it. 
For  in, , peace  signifies  the  integral  re-establishment  of  the 
Union  without  slavery  ;  because  slavery  is  the  source  of 
all  our  political  dissensions,  and  because  the  institution  it 
self  is  condemned  by  the  enlightened  and  liberal  spirit  of 
the  age.  These  are  to  me  the  essential  conditions  of  peace. 
If  it  is  practicable  to  attain  this  result,  it  would  not  be  pay 
ing  too  dearly  for  it — taking  also  into  consideration  the  ma 
terial  strength  which  the  South  has  been  permitted  to  ac 
quire  by  the  conduct  ot  the  war — to  make  concessions  upon 
tome  points  of  secondary  importance,  such  as  that  of  pay 
ing  an  indemnity  for  their  slaves  to  those  who  have  re 
mained  in  a  sort  of  neutral  condition  during  the  unhappv 
war  which  hus  convulsed  the  country.  To  terminate  thfs 
we  are  now  expending  life  and  monoy  ;  it  would  certainlv 
be  a  gain  to  reduce  it  simply  to  a  question  of  money. 

If,  in  spite  of  all  these  eflbrts  to  spare  the  South  humilia 
tion,  or  losses  of  capital  likely  to  bo  too  severely  felt,  the 
political  chiefs  who  direct  the  South  persist  in  war,  then 
the  policy  of  the  Convention  should  be  to  pronounce  in 
that  case  for  war  with  all  the  force  and  energy  ot  the  ua- 
lion.  For  peace  upon  any  terms,  and  merely  because  it 
in  peace— a  peace  recognizing  a  North  and  a  South— would 
not  bring  about  a  stable  equilibrium.  It  would  only  pre 
pare  the  way  for  new  struggles,  and  for  a  condition  of  dis 
astrous  anarchy. 

The  paramount  question  is  the  Union.  By  peace,  if  it 
can  be  had  on  hononAble  and  right  terms— by  war,  if  the 
po  meal  loaders  who  are  directing  the  South  insist  upon 
war. 

The  situation  of  our  country  is  unquestionably  critical. 
It  demands  the  devotion  and  patriotism  of  a  1  men  who 
really  love  their  country,  and  it  is  one  of  those  moments 
when  ail  personal  as  >irations  should  vanish  in  the  face  of 


the  great   questions  of  principle  and  national  existence 
which  are  at  stake. 

Thanking  you,;. eutlemen,  for  the  evidence  which  your 
letter  gives  me  of  your  confidence  in  my  disposition  to  do 
everything  in  my  power  for  the  interests  of  the  country, 
I  am ,  very  truly  yours, 

J.  C.  FIIEVfONT. 

This  is  General  Fremont's  letter  of  with 
drawal  : 

NAHANT,  Sept.  17. 

GENTLEMEN  :  I  enclose  you  my  letter  of  reply  to  an  in 
vitation  of  some  of  my  Republican  fiieiidtt  to  meet  me  at 
Faneuil  Hall. 

In  declining  their  invitation,  I  have  informed  them  of 
my  intention  to  stand  aside  from  the  Presidential  canvass, 
and  assigned  my  reasons  for  doing  so.  To  avoid  repetition, 
I  enclose  you  the  letter  in  communicating  to  you  now  offi 
cially  my  desire  to  withdraw  my  name  from  the  Presi  len- 
itial  candidates. 
In  this  decision  I  have  the  approval  of  such  of  our  friends 
•  as  I  have  been  able  to  consult.  I  have  thought  it  not  pru 
dent  to  incur  the  longer  delay  of  consul  ting  others,  but  1 
have  reason  to  believe  that  they  will  unite  with  me  fully 
upon  the  propriety  of  the  step  I  have  taken. 

But  in  withdrawing  from  tne  po-st  of  candidate,  I  do  not 
in  any  way  intend  to  withdraw  from  my  share  in  the  labor, 
which  we  jointly  undertook,  to  secure  the  triumph  of  the- 
ideas  represented  by  the  radical  Democracy. 

Whatever  the  next  Administration  may  be,  we  owe  it  to 
ourselves  to  form  a  phalanx  compact  and  capable,  by  its 
thorough  unity,  of  exercising  a  pressure  strong  enough  to 
secure  the  eventual  success  of  the  principles  for  whi  :ta  « 
have  been  contending— the  ic-establishment  of  the  Union, 
the  abolition  of  slavery,  and  practical  respect  for  liberty. 

In  the  present  composition  of  parties,  it  i<  indispensable 
that  earnest  men  should  devote  themselves  to  watching  the 
progress  and  insuring  the  success  of  these  issues,  regardless 
of  men  or  parties. 

Mr.  Lincoln  says  he  does  not  lead,  but  follows  the  will  of 
the  people.  Jt  remains,  then,  for  the  people,  in  the  event 
of  his  re-election,  vigilantly  to  require  the  following  at  hu* 
hands,  and,  further,  to  require  that,  in  the  execution  of  his 
duties,  ha  keeps  scrupulously  within  the  Constitution  and 
the  laws;  to  make  him  recognize  that  he  holds  his  place 
and  his  power,  not  as  belonging  to  himself,  but  as  a  really 
faithful  servant  of  the  people. 

This  is  the  important  duty  which  wo  have  now  to  per 
form. 

Although,  as  representatives  of  the  Cleveland  movement, 
we  surrender  our  functions,  the  duty  of  watching  party 
politics,  the  Constitution  remains.  What  steps  arc  neces 
sary  in  the  performance  of  that  duty  must  be  the  subject 
for  future  consideration. 

I  am,  gentlemen,  respectfully  and  truly  yours,  &c., 

JOHN  C.  FREMONT. 

To  Messrs.  WORTHINGTON  G.  SNETHKN  and  others,  a  com 
mittee,  &c. 

This  letter  is  upon  the  same  subject : 

BOSTON,  September  21. 

GENTLEMEN  :  I  fetl  it  my  duty  to  make  one  step  more  iu 
the  direction  indicated  by  my  letter  of  the  ^5th  of  August, 
and  withdraw  my  name  from  the  list  of  candidates. 

The  Presidential  question  has,  in  effect,  been  entered 
upon  in  such  a  way  that  the  union  of  the  Republican  party 
has  become  a  paramount  necessity.  The  policy  of  the 
Democratic  party  signifies  either  separation  or  re-establish 
ment  with  slavery.  The  Chicago  platlorm  is  simply  sepa 
ration.  General  McClellan's  letter  of  acceptance  is  re- 
establishment  with  slavery. 

The  Republican  candidate,  on  the  contrary,  is  pledged  to 
there-establishment  of  the  Union  without  slavery;  and. 
however  hesitating  his  policy  may  be,  the  pressure  of  his 
party  will,  wo  may  hope,  force  him  to  it. 

Between  these  issues,  I  think,  no  man  of  the  liberal 
party  can  remain  in  doubt,  and  1  believe  I  am  consistent 
with  my  antecedents  in  withdrawing — not  to  aid  in  the 
triumph  of  Mr.  Lincoln,  but  to  do  uiy  part  towards  pre 
venting  the  election  of  the  Democratic  candidate. 

In  respect  to  Mr.  Lincoln,  I  continue  to  hold  exactly  the 
sentiments  contained  in  my  letter  of  acceptance.  I  con 
sider  that  his  administration  has  been  politically,  militari 
ly,  and  financially  a  failure,  and  that  its  necessary  contin 
uance  is  a  cause  of  regret  for  the  country. 

There  never  was  a  greater  unanimity  in  a  country  than 
was  exhibited  here  at  the  fall  of  Siimtcr,  and  the  South 
was  powerless  in  the  face  of  it;  but  Mr.  Lincoln  complete 
ly  paralyzed  this  generous  feeling.  He  destroyed  the 
strength  of  the  position  and  divided  the  North,  when  he 
declared  to  the  South  that  slavery  should  be  protected. 
He  has  built  up  for  the  South  a  strength  which 


APPENDIX. 


427 


they  could  have  never  attained,  and  this  has  given  them 
au  advocate  on  the  Chicago  platform. 
The  Cleveland   Convention  was  to  have  been  an  open  ; 
that  condemnation  which  men  had  been  freely 


expressing  to  each  otlur  for  the  past  two  years,  and  which  : 
had  been  made  fully  known  to  the  President;  but  in  the 
uncertain  condition  of  affairs,  leading  men  wcro  not  found  ' 
willing  to  make  public  a  dissatisfaction  and  condemnation  ' 
which  could  have  rendered  Mr.  Lincoln's  nomination  im-  ' 
possible,  and  their  continued  silence  and  support  estab-  : 
lishr  I  for  him  a  character  among  the  people  which  leaves  j 
now  no  choice. 

United,  the  Republican  party  is  reasonably  sure  of  sue-  i 
cess  ;  divided,  the  result  of  the  Presidential  election  is  at  ' 
least  doubtful. 

I  am,  gentlemen,  very  truly,  yours, 


.7.  C.  FREMONT. 
To  Messrs.  GEORGE  L.  STEARNS  and  others,  a  committee,  &c. 


GEN.     COCUUANE  S    WITHDRAWAL. 
To  tlie  War  Democrats  of  the  United  States: 

A  convention  of  men  of  various  political  tenets  assembled  | 
at  Cleveland  on  the  31st  day  of  May  last,  for  the  purpose  of  j 
discharging  from  the  suppression  of  the  rebellion  the  in 
fraction  of  the  rights  of  both  individuals  and  States  which 
attended  it.    The  presence  of  a  largo  number  of  War  Dem 
ocrats  unexpectedly  contributed  to  my  nomination  by  the 
convention  for  the  Vice  Presidency,  preceded  by  that  of 
John  C.  Fremont  for  President. 

The  principles  which  dictated  my  acceptance  of  the 
nomination  approved  themselves  at  the  time  to  very  gen 
eral  regard,  and  have  since,  in  my  opinion,  lost  none  of 
their  original  virtue  or  vigor.  Their  practical  assertion 
was  required,  it  was  thought,  by  the  success  with  which 
personal  liberty  had  been  assailed,  and  the  extremities  to 
which  constitutional  freedom  had  been  reduced.  Not  the 
least  inducement,  however,  was  the  consideration  that  the 
redress  of  grievances,  in  the  manner  proposed,  could  not  I 
interrupt,  but  would  entirely  consort  with  a  vigorous  pro-  ; 
sedition  of  the  war.  It  certainly  was  not  contemplated 
that  the  success  of  the  candidates  should,  in  any  degree, 
impair  or  endanger  that  most  important  part  of  the  plat 
form  which  resolved  "that  the  rebellion  must  be  suppressed 
by  force  of  arms,  and  without  compromise." 

Instead  of  the  Democratic  party,  as  was  then  hoped  and 
expected,  co-operating  at  this  point,  they  flouted  the  war 
at  Chicago,  and  pronounced  for  unconditional  peace.  When, 
"to  exhaust  the  resources  of  statesmanship,1'  and  to  allow 
"the  spirit  of  conciliation  and  compromise  to  prevail," 
General  McClellan  virtually  asserts  that  there  should  be  a 
"cessation  of  hostilities,''  he  is  in  agreement  with  the  con 
vention  which  nominated  him.  When,  however,  he  pro 
poses,  in  the  alternative  of  the  war,  that  the  rebellious 
States  shall  be  restored  to  precisely  their  former  con 
dition  in  the  Union,  with  precisely  the  same  political  re 
presentation  as  when  they  departed  from  it,  he  rejects  a 
convention  of  States,  on  which,  as  the  peaceable  means,  the 
Chicago  Convention  evidently  relied  for  reconstructing  the 
Union  out  of  States  physically  debilitated  and  politically 
shorn.  While,  therefore,  General  McClellan  resolves  upon 
an  impossible  Union  as  it  was,  through  war,  the  convention 
resolves  upon  an  impossible  Union  as  it  should  be,  through 
peace.  That  the  candidate  does  not  stand  erect  upon  his 

Slatform,  though  admitting  a  question  whether,  if  elected, 
e  would  negotiate  a  peace,  permits  none  that,  if  elected, 
he  could  not  effectively  prosecute  the  war. 

The  success  of  the  Chicago  nominees  would  therefore,  at 
the  best,  but  place  in  power  a  party  of  divided  councils,  of 
uncertain  policy,  and  of  indecisive  action.  Clearly,  such  an 
event  would  be  at  the  farthest  from  ;i  a  suppression  of  the 
rebellion  by  force  of  arms,  and  without  compromise." 

The  Baltimore  platform,  however  objectionable  at  other 
points,  is  unimpeachable  at  this;  and  while  it  fails  to  vin 
dicate  personal  rights,  and  the  rights  of  free  speech  and 
the  press,  it  does  not  fail  to  refer  the  re-establishment  of 
constitutional  liberty  and  the  restoration  of  the  Union  to 
the  arbitrament  of  arms,  in  which,  and  in  which  alone,  the 
national  safety  is  to  be  found.  We  stand  within  view  of  a 
rebellion  suppressed;  within  hail  of  a  country  reunited 
and  saved.  War  lifts  the  curtain  and  discloses  the  pros 
pect.  War  has  given  to  us  Atlanta,  and  war  offers  to  us 
Richmond. 

Shall  wo  exchange  the  proffered  victory  for  a  ''cessation 
of  hostilities?"  No!  As  we  fought  at  the  beginning,  we 
should  tight  at  the  end;  and  when  rebellion  shall  have  laid 
down  its  arms,  may  we  peacefully  reconstruct  whatever  the 
war  for  the  Union  shall  be  found  to  have  spared.  "  Lay 
down  your  arms,"  then  ;  as  it  was  at  the  commencement, 
•o  it  is  now,  all  that  is  demanded  by  loyal  Americans  of 
their  rebellions  brothers. 

I  would  certainly  prefer  that  the  American  people  could 

be  brought  to  a  vote  on  the  several  propositions  peculiar 

'  to  the  Cleveland  platform.    The  right  of  asylum,  the  one- 


term  policy,  the  direct  vote  of  the  people  for  their  iiati  nal 
Chief  Magistrate,  the  Monroe  doctrine,  the  confining  e>  ;lu- 
sively  to  tho  representatives  of  the  people  in  Congress  the 
reconstruction  of  States,  and  the  amendment  of  the  Federal 
Constitution  to  prohibit  slavery,  are  principles  of  primary 
magnitude  and  importance.  But  before  all  these  is  our 
country.  It  is  menaced  by  rebellion.  Loyal  armies  alone 
protect  it.  Should  those  armies  retreat,  and  our  protection- 
be  withdrawn;  or  should  they  advance,  and  our  safety  be 
established  ?  Shall  there  be  peace  through  the  concussions 
of  politicians,  or  peace  through  the  actions  of  war?  That 
is  the  question. 

Peace  and  division,  or  war  and  the  Union.  Other  alter 
native  there  is  none.  And,  as  I  am  still  of  the  mind  that 
once  led  me  to  the  field  with  the  soldiers  of  the  Republic, 
I  cannot  now  hold  a  position  which,  by  dividing,  hazards 
the  success  of  all  those  who,  whatever  their  differences  at 
other  points,  agree,  as  upon  the  question  of  the  first  con 
sequence,  that  the  restoration  of  the  Union  cannot  be 
effected  without  the  uuiutei-rupted  continuation  of  the 
war. 

I,  therefore,  withdraw  my  name  from  the  Cleveland 
ticket.  Very  trulv  yours, 

JOHN   COCIIRANK 

NEW  YORK,  September  21, 1864. 


Rebel  Items. 

AN  IMPORTANT  AND  SIGNIFICANT  CIRCULAR. 

The  Richmond  Examiner  of  Sept.  17  allude* 
to  an  "  important  circular,"  issued  to  the  peo 
ple  of  Richmond  recently.  We  quote  the  sub 
stance  of  the  circular  : 

Captain  Coke,  enrolling  officer  for  this  district,  will  pro 
ceed  to-day  with  the  enforcement  of  a  circular  issued  from 
the  War  Department,  providing  for  a  registry  of  all  white 
males  between  the  ages  of  seventeen  and  fii'ty  years,  not 
actually  in  service  in  the  field ;  with  tho  grounds  of  their 
exemption  or  detail ;  also  a  registry  of  all  boys  who  will 
arrive  at  the  age  of  seventet  n  years  within  the  next  twelve 
months,  with  tho  month  at  which  they  will  attain  that  age. 
To  obviate  tho  possibility  of  any  alarm  that  tho  enforce 
ment  of  the  order,  unexplained,  might  tend  to  create,  we 
will  state  that  it  is  not  intended  to  enroll  the  citizens  fall 
ing  within  this  category.  The  registry  is  simply  intended 
as  a  basis  upon  which  the  Government  may  hereafter  act 
in  the  matter  of  conscription  and  enrollment,  a*  the  emer 
gencies  of  the  service  may  require.  We  trust  that  every 
man  and  boy  within  the  jurisdiction  of  the  circular  will  re 
spond  with  alacrity  to  the  call,  and  that  they  will  give  the 
enrolling  officers  as  little  trouble  as  possible  in  obtaining 
the  desired  registry. 

THE   ENROLLMENT   IN  RICHMOND. 

The  military  registry,  ordered  by  the  Bureaii  of  Con 
scription,  of  all  males  between  the  ages  of  seventeen  and 
fifty  years  not  actually  in  the  army  in  the  field  or  with  the 
reserves,  commenced  yesterday  morning  in  Monroe  ward, 
at  No.  oUG  Broad  street,  nearly  opposite  Lacey's  shop,  and 
will  be  continued  to-day.  The  order  is  very  emphatic  and 
must  be  executed,  and  the  present  mode  has  been  adopted 
as  most  agreeable  to  the  citizens  The  exemptions  in  Rich 
mond  embrace  only  those  with  the  army  in  the  field  and 
those  in  the  reserves  attached  to  the  regiments  of  Colonels 
Evans  and  Danforth.  It  may  as  well  bo  understood  that 
this  is  not  an  enrollment,  but  a  military  census.  Citizens 
failing  to  report  lay  themselves  liable  to  arrest  by  the  enroll 
ing  officers.  Time,  temper  and  trouble  will  therefore  be 
saved  by  reporting  promptly  to  the  advisory  board  in  the 
icspective  wards. — Richmond  Examiner,  Sept.  21. 

ENROLLMENT    OF    NEGKOES.* 

Flake's  Weekly  Bulletin,  of  the  14th,  18th  and 


*  This  Order  from  General  Canby  contains  an  additional 
indication  of  purpose : 

UEADQ'RS  MIL.  Div.  WKST  MISSISSIPPI, 

NEW  ORLEANS,  LA.,  Oct.  11,  1864. 
General  Orders  No.  58. 

The  subjoined  extract  from  a  despatch  from  Henry  W. 
Allen,  styling  himself  Governor  of  Louisiana,  to  the  rebel 
Secretary  of  War,  is  published  for  general  information  : 

EXECUTIVE  OFFICE, 
SHREVEPORT,  LA.,  &,pt.  2G,  1864.. 

To  Hon.  JAMES  A.  SEDDON,  Secretary  of  War,  Richmond,  Va.  r 
MY  DEAU  SIR:  The  time  has  come  lor  us  tc  put  into  the 
army  every  able-bodied  negro  man  as  a  soldier.  This  should 
be  done  immediately.  Congress  should,  at  the  coming  ses 
sion,  take  action  on  this  most  important  question.  The 
negro  knows  that  he  cannot  escape  conscription  if  he  goe* 


428 


APPENDIX. 


21st  August,  published  at  Galveston,  contains 
the  following  intelligence: 

NEUROES  IN  THE  SERVICE  OF  THE  CONFEDERACY. 

HEADQ'RS  DEPARTMENT  TRANS-MISSISSIPPI, 

SHREVKPORT,  LA.,  July  20, 1864. 
<Jeneral  Orders  No.  45. 

I.  In  accordance  with  an  act  of  Congress,  entitled  "  An 
Act  to  Increase  the  Efficiency  of  the  Army  by  Employment 
•of  Free  Negroes  and  Slaves  in  certain  Capacities."  approved 
February  17,  1864,  all  male  free  negroes  and  other  persons 
of  color,  not  including  those  who  are  free  under  the  treaty 
of  Paris  of  is;03,  or  under  the  treaty  of  Spain  of  1819,  resi 
dent  in  the  Confederate  States,  between  tho  ages  of  eighteen 
and  fifty  years,  will  be  immediately  enrolled  under  the  di 
rection  of  the  Bureau  of  Conscription. 

II.  The  Bureau  of  Conscription  will  take  the  necessary 
steps,  through  the  enrolling  officers,  to  enroll  immediately 
one  fifth  of  all  the  male  slaves  in  this  department  between 
tho  ages  of  eighteen  and  forty-five  years. 

III.  All  free  negroes  and  slaves  so  enrolled  will  be  sent 
to  rendezvous  designated  by  the  commandants   of  negro 
labor  for  the  several   States,  accompanied   by  descriptive 
rolls. 

IV.  Requisitions   for  negro  labor  must  be  made  upon 
the  commandants  of  negro  labor  of  the  several  States. 

V.  All  officers  and  agents  of  the  Government,  in  charge 
of  slaves,  will  furnish  monthly,  to  the  commandants  of  ne 
gro  labor  of  tho  several  States  to  which  the  slaves  belong, 
correct  and  certified  muster  rolls  of  those  in  their  charge. 

By  command  of  General  E.  Kirby  Smith  : 

S.  S.  ANDERSON, 
Assistant  Adjutant  Genera^ 
REVOCATION    OF    DETAILS.* 

[OFFICIAL.] 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE 

RICHMOND,  October  5,  1864. 

GENERAL  ORDERS,  No.  76.— 1.  All  details  heretofore 
granted,  under  authority  of  the  War  Department,  to  per 
sons  between  the  ages  of  eighteen  and  forty-five  years,  are 
revoked,  and  all  such  detailed  men,  together  with  those 
within  the  said  ages  who  hold  furloughs  or  temporary  ex 
emptions  by  reason  of  pending  applications  for  details,  will 
be  promptly  assembled  at  the  camps  of  instruction,  and  ap 
propriately  assigned  among  the  armies  for  service;  except 
that  men  detailed  and  now  actually  employed  in  manufac 
turing,  providing,  collecting  and  forwarding  munitions  and 
other  indispensable  supplies  for  the  army  and  navy  or  in 
work  indispensable  to  military  operations,  will  be  continued 
in  their  present  employments  until  their  details  shall  be 
revised. 

2.  The  heads  of  departments  and  chiefs  of  bureaus  will 
within  the  next  twenty  days,  forward  to  the  Generals  of 
Reserves  lists  of  all  detailed  men  in  their  employment,  in  the 
several  States,  specially  distinguishing  and  certifying  those 
who  are  experts  and  thoso  absolutely  indispensable  for  the 


rformance  of  the  above-m 


soutely 
entioned 


Government  work  and 


pe 

business;  and  all  detailed  employes  not  so  certified  within 

to  tho  enemy.     He  must  play  an  important  part  in  the 
•war.     lie  caused  the  fight,  and  he  will  have  his  portion  of 


We  have   learned  from   dear-bought 


•war 

the  burthen  to  bear. 

experience  that  negroes  can  be  taught  to  light,  and  that  all 

who  leave  us  are  made  to  fight  against  us.     I  would  free 

all  abk;  to  boar  arms,  and  put    them   in    the  field  at  once 

ihey  will  make  much  better  soldiers  with  us  than  against 

us,  and  swell  the  now  depleted  i;anks  of  our  armies. 

I  beg  you  to  give  this  3  our  earnest  attention. 

With  assurances  of  my  friendly  regards  and  very  hi  «-h 
esteem,  I  remain,  very  respectfully,  your  obedient  servant, 
HENRY  W.  ALLEN, 
Governor  of  Louisiana. 

Tho  class  of  persons  to  whom  it  refers  will  not  be  con 
scripted  into  the  armies  of  the  United  States  if  they  come 
within  our  lines.  All  will  be  freed,  and  they  will  be  re 
ceived  and  treated  as  refugees.  They  will  be  accepted  as 
volunteers,  or  will  be  employed  in  tho  public  service,  and 
their  families  will  be  cared  for  until  they  are  in  a  condi 
tion  to  care  for  themselves.  If  a  draft  should  become  ne 
cessary,  no  discrimination  against  them  will  be  made  on 
the  enrollment  or  draft. 

By  order  of  Major  General  E.  R.  S.  Canby: 

C.  T.  CIIRISTENSEN, 
Lieutenant  Colonel  and  A.  A.  G. 

*  Tho  Richmond  Dispatch  of  September  12.  1864,  makes 
the  authoritative  statement  that  "  there  are  114  000  men 
detailed  as  farmers,  and  some  32,000  exempt  as  necessary 
n  some  form  to  tho  Government  and  public  institutions  of 


Upon  the  "Potion  thereof,  be 
aligned  to  the  urrny. 

3.  All  persons  called  out  by  this  order,  who  claim  ex 
emption  on  acount  of  physical  disability,  will  be 


4.  All  men  found  for  light  duty,  who  are  unassign.d,  will 
at  once  report  to  the  camps  of  instruction,  under  the  pen 
alty  of  being  forthwith  assigned  to  the  active  forces  By 
order-  S.  COOPER,  ' 

Adjutant  and  Inxpectirr  General. 

NEGROES    AS    REBEL    SOLDIERS 

[From  the.  Richmond  Enqui~rr,  Oct.  6.] 
The  general  order  for  the  revocation  of  details  will  be 
found  in  this  issuo  of  the  Enquire*.  This  step  has  be^n 
taken  by  the  Government  to  fill  up  the  army.  ]  t  is  neces 
sary  and  proper,  and  if  this  order  is  promptly  enfon  •  ,1  the 
increase  oi  the  army  will  be  speedy  and  rapid.  We  should 
like  to  see  steps  taken  to  promptly  enforce  the  law  of  Congress 
for  the  employment  of  negroes  in  the  army,  as  teamsters 
&C.  ihe  law  of  Congress  on  this  subject  is  plain,  and 
though  it  does  not  go  far  enough,  yet  by  promptly  enforcing; 
its  provisions,  many  soldiers  will  be  returned  to  'their  ryiiP- 
mand  and  the  army  very  greatly  strengthen-d.  The  de 
tails  should  come  forward  promptly;  their  services  are 
greatly  needed  ;  and  if  they  are  speedily  col  I  -cted  and  sent  to 
V^.fr011}  there  wil1  be  no  danger  at  Richmond,  and  the  con 
dition  of  the  country  present  the  most  encouraging  aspect 
It  is  useless  to  seek  to  conceal  that  more  men  are  greatly 
wanted.  Ihe  President  has  emphatically  announced  the 
startling  fact  that  two  thirds  of  the  army  are  absent  from 
the  ranks.  There  would  be  no  need  of  reinforcements  but 
for  this  most  disgraceful  straggling  and  deserting.  But  as 
the  tact  exists,  and  the  evil  must  be  repaired,  the  details 
are  called  upon  to  do  service.  How  long  their  service  will 
be  required  cannot  now  be  said,  but  sixty  to  ninety  days 
will  terminate  the  active  operations  of  the  campaign  and 
then  details  may  be  resumed.  But,  at  present,  all  are 
needed,  and  all  must  come  forward.  Those  that  delay  or 
shirk  will  be  hunted  down,  and  permanently  sent  to  the 

The  law  of  Congress  authorizing  the  employment  of  ne 
groes,  if  fully  carried  out,  would  give  ten  thousand  men  to 
the  Army  of  Northern  Virginia.  The  slaves  and  freo  ne 
groes  can  be  impressed  just  as  any  other  propertv,  and  the 
law  provides  for  their  support  and  clothing,  and  pays  the 
owner  soldier  s  wages. 

The  law  of  1'ebruary  17  makes  all  "  male  free  negroes. 
(with  certain  exceptions,)  between  the  ages  of  eighteen  and 
fifty  liable  to  perform  such  duties  in  the  army  or  in 
connection  with  the  military  defences  of  the  country  in 
the  way  of  work  upon  fortifications,  or  in  Government 


owners  aro  guaranteed  against  escape  or  death, 
retary  is  authorized  to  impress  the  slayes  when  he  cannot 
hire  them;  and  General  Orders  No.  32,  March  11  )M,J. 
directed  the  enrolment  of  tho  free  negroes,  and  their  a&siga- 
ment  to  tho  performance  of  the  duties  mentioned  in  the 
act.  Also  the  employment  and  impressment  of  slaves  was 
ordered  by  the  same  general  orders,  and  the  provisions  of 
General  Orders  No.  Io8,  of  the  24th  October,  186;;  pointed 
out  as  governing  in  this  matter.  Has  this  law  and  general 
order  been  enforced  ? 

Tho  General  Orders  No.  138,  Oct.  24,  1863,  says :  "  No 
impressments  shall  be  made  wf  slaves  employed  in  domestic 
and  family  service  exclusively,  nor  upon  farms  or  planta 
tions  where  there  are  not  more  than  three  slaves  of  the  a<*e 
specified,  and  not  more  than  five  per  cent,  of  the  population 
of  slaves  shall  be  impressed  in  any  county  at  the  same 
time,  unless  the  necessity  is  very  great,  and  after  consul  fa- 
tion  with  this  department  or  the  Governor  of  the  State  in 
which  the  impressment  is  to  be  made."  Here  is  the  law  and 
the  general  order.  Have  they  been  enforced?  If  they 
have  not  been  executed,  no  longer  delay  should  be  allowed, 
u  e  call  upon  the  authorities  to  enforce  this  law  immodi- 

The  question  of  making  soldiers  of  negroes,  of  regularly 
enlisting  them  and  fighting  them  for  their  >af.-tv  as  well 
as  our  own,  must  have  presented  itself  to  every  reflecting 
mind.  Because  the  Yankees  have  not  been  able  to  make 
soldiers  out  of  their  drafted  negroes,  it  does  not  follow  that 
we  cannot  tram  our  slaves  to  make  very  efficient  soldiers 
Wt  bdtei-e  that  they  can  be,  by  drill  and  discipline,  moulded 
into  steady  and  reliable  soldiers.  Theprojmety  of  employing 
i>"j>-"fs  as  soldiers  we  shall  not  at  preset  discn.tr;  but 
wheni'ccr  the  su'.jwiation  of  Virginia  or  the  employment  of 
her  tlavtl  as  soldiers  ere  alternative  positions,  then,  certaiiu'u 
we  are  far  making  tlo-in  soldiers,and  giving  freedom  to  tlwte 
negroes  that  rscapt  the  casualties  of  battle.  ' 


APPENDIX. 


429 


We  should  be  glad  to  see  the  Confederate  Congress  pro- 
ride  for  the  purchase  of  two  hundred  and  fifty  thousand 
negroes,  present  them  with  their  freedom  and  privilege  of 
remaining  in  the  States,  and  arm,  equip,  drill  and  fight 
them.     We  believe  that  the  negroes,  identified  with  us  by 
interest,  and   fighting  for  their  freedom  here,  would   be 
faithful  and  reliable  soldiers,  und,  under  officers  who  would 
drill  them,  could  be  depend *d  on  lor  much  of  the  ordinary 
service,  and  even  for  the  hardest  fighting.     It  is  not  neces 
sary  now  to  discuss  this  matter,  and  may  never  become  so, 
but  neith-T  negroes!  n;>r  sl.ivtry  will  be  permitted  to  stan 
in  the  way  of  the  success  of  our  cause.    The  war  is  for  m 
tioual  independence  on  our  side,  and  for  the  subjugation  o 
white  and  the  (.-mancipation  of  negroes  on  the  side  of  th( 
enemy,     li'  we  foil,  the  negroes  are  nominally   free  an 
their  masters  really  slaves.    We  must,  therefore,  succeed 
Other  States  may  decide  for  themselves,  but  Virginia,  afte 
exhausting  her  whiles,  will  fight  her  blacks  through  to  the 
last  man.    She  will  be  free  at  all  costs. 

USING    THE   SLAVES. 

[From  the  Enquirer  of  October  18.] 
The  proposition  to  extend  the  Conscript  Law  to  the 
slaves  of  tho  St;ite.s  was  first  formerly  advanced  by  the 
Enquirer  in  the  issue  of  the  Cth  instant.  Since  that  time 
we  h  iveivcti  ved  many  assurances  (  f  its  popular  favor,  ant 
none  whatever  of  opposition  to  it.  We  learn  that  the 
planters  ifi  the  extreme  Southern  States  favor  the  propo 
sition,  and  soinv  have  signified  their  readiness  to  free  five, 
ten.  or  fifteen  of  tiieir  slaves,  if  they  will  enter  the  army! 
Thu  near  approach  of  tho  time  when  the  Congress  meets 
again  requires  that  expression  be  given  to  the  sentiments 
of  the  country  -ipon  this  important  measure.  We  there 
fore  earnestly  invite  its  discussion,  and  open  our  columns  to 
opponents  us  well  as  friends  of  the  proposition. 

Tin    result  of    the  late  elections  is  still  in  doubt,  and 
•liether  Lincoln  or  McClellan  will  be  elected  it  is  vet  im- 


p.  Mible  to  determine  ;  but  there  is  no  uncertainty  as  to  th 
question  of  carrying  o  i  the  war  Whether  Lincoln  or  Mc- 
Uleliaa  be  the  next  President,  the  voice,  and  the  almost 
Unanimous  voice,  of  that  people  i&  for  a  vigorous  prosecu 
tion  of  the  war.  The  duty  cf  preparing  to  meet  that  issue 
will  be  before  the  approaching  s  ssion  of  the  Confederate 
Congress;  that  body  will  ha,vt;  before  it,  for  consideration, 
the  \v.r,s  and  means,  as  well  of  men  MS  of  money,  for  carry 
ing  on  i  he  war  on  our  part. 

The  war  cry  of  I  ho  enemy—  "No  parley  with  rebellion 
in  tbe^  field;  no  compromise  with  slavery  *in  the  readjust 
ment"—  fully  infirms  our  people  that,  in  plain  vernacular, 
the  whites  of  these  Pint  s  are  to  be  wubjugated  to  slavery, 
and  their  slaves  reduced  to  the  miserable  condition  of 
Yankee  free  negroes.  This  is  the  view  of  the  people 
among  our  enemies,  and  this  will  be  the  result  ol  the  war 
whether  ended  by  Lincoln  or  M"Clell;m,  if  the  people  of 
those  States  permit  then^elvcs  to  be  conquered. 

'ihc  conscription  of  negroes  sh-aild  bo  accompanied  with 
freedom  and  the  pnvi  L-go  of  remaining  in  Hie  States;  thi 


is  no  part  .  f  ivbolu 


ol  (he  unquestionable  right  of  m 


;  it  is  the  ex  rcise  by  the  master 


anumission;  it  is  remu 


freedom.  Nor  should  this  important  subject  be  prejudice  d 
with  questions  about  putting  the  negro  on  an  equality 
with  our  f:  tends,  brothers,  und  fathers  Many  of  the  sol 
diers  in  their  childhood  were  fondled  and  nursed  by  faithful 
i.egio  nurses,  and  yet  no  question  of  equality  was  ever 
Many  a  man  has  manumitted  >  laves  without  ever 
being  subjected  to  the  suspicion  of  being  an  abolitionist. 

Ihe  issues  involved  in  this  war  are  too  exalted  in  their 
Importance  a.id  character  for  us  to  permit  them  to  be  com 
promised  by  being  degraded  to  a  question  of  property. 
roe  liberty  and  freedom  of  ourselves  and  of  our  children 
tae  nationality  of  our  country,  the  right  of  enjoying  any 
kind  of  property,  the  houses  over  our  heads,  and  the  very 
graves -uf  our  children  and  friends,  are  involved  in  this 
struggle.  Failure  makes  slaves  of  all,  white  and  blac!; ; 
rubs  all  of  property,  real  and  personal;  divides  our  lands 
among  our  c.»nquen.rs,  who  will  plough  up  the  very  graves 
or  ourd>adisfertiized  ground  for  making  money.  We 
have  in  our  midst  a  half  million  of  fighting  material  which 

for  the 


Justice  and  sound  policy  demand  that  we  make  freemen 
I  loose  who  flght  for   freedom.    Wo  conscript  the  master 
u  we  impress  his  horses,  cattle,  win  at,  and  every  other 
!>i-o|Hvty  oxccpt  slaves.     This  very  exception  is  an  imputa 
tion  that  this  war  is  lor  slavery  and   not  for  freedom     By 
uscripUng  UiC  negroes  we  show  to  the  world  the  earnest - 
iat  is  in  our  people;  we  prove  to  our  enemies  ihat  at 
e  moment  of  our  supposed  exhaustion,  in  the  fifth  year 
he  war,  we  shall  meet  them   with   larger  armies  than 
we  have  belore  raised  ;  and   we   cx|»!ode   the  fals:- accusa- 
Cwuederac"6  are     ghUng  for  8l»very,or  a  slaveholders' 


There  are  those  who  doubt  whether  sound  policy 
would  trust  negroes  with  arms.  We  are  not  of  those  who- 
entertain  any  fears  upon  that  subject.  Drill  and  discipline 
mak;  valuable  soldiers  of  Russian  serfs,  and  no  negroes- 
i  '  these  States  are  so  ignorant  and  brutal  as  those  sorfs. 
Between  service  with  the  Confederacy  and  with  the  Yan 
kees,  between  living  among  us  with  all  their  strong  local 
attachments,  and  going  among  strangers,  who  are  now 
openly  buying  and  selling  them  to  recruiting  officers,  our 
slaves  will  find  no  difficulty  in  choosing.  And,  when  once 
it  is  understood  that  fceoJotn  and  a  houiu  ia  tho  South  are 
the  p/ivileges  offered  by  the  Confederate  authorities,  while 
the  enemy  extend  the  beggarly  hospitalities  of  Yankee 
philanthropy,  not  only  will  desertion  from  our  ranks  be 
(infrequent,  but  the  drafted  negroes  of  the  Yankee  armies 
will  exchange  services. 

This  subject  addresses  itself  to  the  consideration  of  our 
people,  at  this  particular  time,  with  great  force.  The  pros 
pect  of  four  moru  years  of  war  are  before  our  people  ;  the> 
enemy  will  not  oven  "  parley"  with  us  without,  uncondi 
tional  surrender,  the  fruits  of  which  would  be  the  confisca 
tion  of  all  property,  tho  deportation  of  whole  communities, 
the  degradation  of  the  people,  and  the  domination  and 
tyranny  of  Yankee  masters.  There  can  be  no  reconstruc 
tion  which  does  not  embrace  a  surrender  first,  which  will 
not  permit  confiscation  afterwards,  which  does  not  insure 
enslaving  the  white,  without  freeing  the  blacks. 

If  there  are  any  weak-kneed  people  who  imagine  they 
can  save  their  property  by  reconstruction,  let,  them  study 
the  bhibboieth  of  all  parties  in  tho  United  States — "  No- 
parley  with  rebellion  in  the  field  ;  no  compromise  with 
slavery  in  the  adjustment."  Unconditional  surrender  is- 
first  demanded  before  even  a  parley.  We  arc  to  lay  down 
our  arms  and  submit  to  the  kindness  of  the  Butlers,  Grants, 
Shermans,  and  Sheridans ;  to  the  fate  of  New  Orleans,  the 
condition  of  the  Valley,  the  misery  of  Atlanta,  and,  after 
all  that  degradation,  to  give  up  all  our  slaves  in  the  adjust 
ment.  If  there  are  any  reasons  against  extending  tho  con 
scription  to  slaves,  we  should  like  to  have  them  stated ; 
but  we  are  decidedly  of  opinion  that  the  whole  nouutrv 
will  agree  to  the  proposition,  and  thai  at  an  early  day  the 
next  congress  will  be  called  upon  to  provide  for  it  by  law. 

CONFERENCE    OF    THE    GOVERNORS. 
[From  the  Richmond  Sentinel,  October  2i.] 
In  another  column  we  publish  the  resolutions  adopted  at 
a  conference  of  the  Governors  of  a  number  of  the  Confed 
erate  States.    The  united  resolve  of  the  Governors  to  use 
every  effort  to  increase  the  effective  force  of  the  army ;  to 
strengthen  the  Confederate  authorities  in  the  discharge  of 
their  duties;  to  consider  the  interests  of  all  the  States  as 

dentical,  and  to  favor  the  sending  of  State  troops  beyond 

the  State  limits  when  their  services  are  needed;  to  favor 
stringent  laws  for  the  arrest  by  tho  State  authorities  of 
stragglers  and  deserters,  will  be  greeted  with  the  popular 
acclamation.  The  determined  resolve  which  they  declare 
for  themselves  and  their  constituencies,  "  to  maintain  our 
right  of  self-government,  to  establish  our  independence, 

ind  to  uphold  the  rights  and  sovereignty  of  the  States,  or 
to  perish  in  the  attempt,"  is  an  exhibition  of  the  spirit 

H-oper  to  their  high  positions,  and  shared  by  our  people 

hroughout  the  country. 

Tho  Governors  also  recommend  to  the  Confederate  Gov 
ernment  to  send  all  able-bodied  civil  employees  into  the 
field,  and  to  dispense  in  a  great  measure  with  provost  and 

)ost  guards.    They  further  propose  a  course  of  action  in 

inference  to  slaves  near  the  enemy's  lines,  and  the  employ 
ment  of  slaves  in  the  Confederate  service,  which  is  enii- 

lently  proper,  and  in  accordance  with  a  growing  sentiment 


unong  the-  people. 


Outl 


ole,  we  trust  the  conference  of  the  Governor* 


will  be  productive  of  much  good. 

THE  CONFERENCE. 

At  a  meeting  of  the  Governors  of  the  States  of  Virginia, 
tforth  Carolina,  South  Carolina,  Georgia,  Alabama,  and 
Mississippi,  held  in  Augusta,  Ga.,  on  the  17th  inst..  Governor 
William  Smith  presiding,  after  a  full,  free,  and  harmonious 
consultation  and  interchange  of  counsel,  the  following, 
imoiig  other  views,  were  expressed  : 

Rexoived,  That  there  is  nothing  in  the  present  aspect,  of 
mblic  affairs  to  cause  any  abatement  of  our  zeal  in  the 
jrosecution  of  the  war,  to  the  accomplishment  of  a  peace 


ed  on  the  independence  of  the  Confederate  States.    And 
to  give  encouragement  to  our  brave  soldiers  in  tho  field. 
nd  to  strengthen  the  Confederate  authorities  in  the  pur- 
uit  of  this  desirable  end,  we  will  use  our  best  exertions  to 
ncrease  the  effective  force  of  our  armies. 

Resolved,  That  the  interests  of  each  of  our  States  are 
dentical  in  the  present  struggle  for  self-government,  and 
visdom  and  true  patriotism  dictate  that  the  military  ibrees 
Jf  each  should  aid  the  others  against  invasion  and  .subjuga- 
iou,  and  for  this  purpose  we  shall  recommend  to  our  sov- 


430 


APPENDIX. 


«ral  Legislatures  to  repeal  all  such  laws  as  prohibit  the 
Executives  from  sending  their  forces  beyond  their  respective 
limits,  in  order  that  they  may  render  temporary  service 
wh"iv\vr  most  urgently  required. 

Resoleed,  That,  whilst  it  is  our  purpose  to  use  every  ex 
ert  io:i  to  increase  the  strength  and  elficieucy  of  our  State 
and  Confederate  forces,  we  respectfully  and  earnestly  re 
quest  that  the  Confederate  authorities  will  send  to  the  field 
every  able-bodied  man,  without  exception,  in  any  of  its 
various  departments,  whoso  place  can  be  filled  by  either 
•disabled  officers  and  soldiers,  senior  reserves,  or  negroes, 
arid  dispense  with  the  use  of  all  provost  and  post  guards, 
except  in  important  cities  and  localities  where  the  presence 
•of  large  bodies  of  troops  make  them  necessary,  and  with  all 
passport  agents  upov.  railroads  not  in  the  immediate  vicinity 
of  the  armies,  as  \ve  consider  these  agents  an  unnecessary 
annoyance  to  good  citizens,  and  of  no  possible  benefit  to 
the  country. 

Resolved,  That  we  recommend  our  respective  Legislatures 
to  pass  stringent  laws  for  the  nrrest  and  return  to  their 
commands  of  all  deserters  and  stuigglers  from  the  Confed 
erate  armies  or  Slate  troops,  and  that  it  be  made  the  special 
duty,  under  appropriate  penalties,  of  all  civil  and  military 
officers  to  arrest  and  deliver  to  the  proper  authorities  all 
such  delinquents. 

And  whereas  the  public  enemy,  having  proclaimed  the 
freedom  of  our  slaves,  are  forcing  into  their  armies  the 
able-bodied  portion  thereof,  the  more  effectually  to  wage 
their  cruel  and  bloody  war  against  us ;  therefore,  be  it 

Resolved,  That  it  is  the  true  policy  and  obvious  duty  of 
all  slave  owners  timely  to  remove  their  slaves  from  the  line 
•of  the  enemy's  approach,  and  especially  those  able  to  bear 
arms;  and  when  they  shall  fail  to  do  so,  that  it  should  be 
made  the  duty  of  the  proper  authorities  to  enforce  the  per 
formance  of  this  duty,  and  to  give  to  such  owners  all  neces 
sary  assistance  as  far  as  practicable. 

Resolved,  That  the  course  of  the  enemy,  in  appropriating 
our  slaves  who  happen  to  tall  into  their  hands  to  purposes 
of  war,  seems  to  justify  a  change  of  policy  on  our  part; 
and  whilst  owners  of  slaves,  under  the  circumstances, 
should  freely  yield  them  to  their  country,  we  recommend 
to  our  authorities,  under  proper  regulations,  to  appropriate 
such  part  of  them  to  the  public  service  as  may  bo  required. 

Resolved,  That  the  States  have  a  right  to  export  such 
productions  and  to  import  such  supplies  as  may  be  neces-  , 
sary  for  State  use,  or  for  the  comfort  or  support  of  their  I 
troops  in  service,  upon  any  vessel  or  vessels  owned  or  char-  I 
tered  by  them;  and  that  we  request  Congress  at  its  next  I 
session  to  pass  laws  removing  all  restrictions  which  have 
been  imposed  by  Confederate  authority  upon  such  exports 
or  imports  by  the  States. 

And,  lastly,  we  deem  it  not  inappropriate  to  declare  our  ! 
firm  and  unalterable  purpose,  as  we  believe  it  to  be  that  of  I 
our  fellow-citizens,  to  maintain  our  rk^ht  of  self-govern-  j 
ment,  to  establish  our  independence,  and   to   uphold  the 
ri  .chts  and  sovereignty  of  the  States,  or  to  perish  in  the 
attempt. 

Resolved,  That  the  chairman  be  requested  to  send  a  copy 
of  these  resolutions  to  his  Excellency  President  Davis,  one 
aach  to  the  President  of  the  Senate  and  Speaker  of  tho 
House  of  Representatives,  to  be  laid  before  their  respective 
oodies,  and  one  to  the  Governor  of  each  State  in  the  Con 
federacy. 

The  Richmond  Whig,  of  the  24th,  thus  com 
ments  upon  the  above: 

THE    GOVERNORS    IN    COUNCIL. 

The  Governors  of  several  of  our  States  have  been  in  con 
sultation  in  Georgia,  and  have  agreed  in  making  a  number 
of  recommendations  to  Congress,  the  Confederate  Execu 
tive,  and  the  Legislatures  of  the  several  States,  the  adop 
tion  of  which,  it  is  thought,  will  promote  the  cause  in 
which  each  of  these  States  have  so  vital  an  interest.  There 
•does  not  appear  to  have  been  any  discord  or  diversity  of 
opinion  in  this  conference:  and,  indeed,  it  may  be  said 
tii^re  i»  no  difference  among  our  people,  except  in  some 
matters,  as  to  the  wisdom  with  which  the  means  placed  at 
the  disposal  of  the  authorities  are  employed. 

The  paramount  question  with  all — the  one  question — is, 
how  can  the  power  of  the  Confederacy  be  most  efficiently 
arid  successfully  employed  for  the  defence  and  deliverance 
of  the  Confederacy '/  All  agree  that  its  entire  military  re 
sources,  to  the  last  man  and  tin-  last  dollar  if  needed,  must 
bo  thrown  into  the  struggle.  No  one  thinks  of  turning 
back,  or  su  much  as  loolting  back,  till  the  work  is  fmiohed. 
No  one  dreams  of  any  adjustment  that  would  compromise 
our  independence.  Liberty  or  death  is  the  language  and 
purpose  of  all.  With  such  a  resolve  animating  the  whole 
body  of  our  people,  armies,  authorities,  and  citi/ens,  sul>- 
jugation  is  impossible. 


LETTER  OP  ALEXANDER  H.  STEPHENS  ON  PEACE. 
CRAWFORDSVILLE,  GA.,  September  22, 1864. 

GENTLEMEN  :  You  will  please  excuse  me  for  not  answer 
ing  your  letter  of  the  14th  instant  sooner.  I  have  been 
absent  nearly  a  week  on  a  visit  to  my  brother  in  Sparta, 
who  has  been  quite  out  of  health  for  some  time.  Your 
letter  I  found  here  on  my  return  home  yesterday.  The 
d!  lay  of  my  reply  thus  occasioned  I  regret. 

Without  further  explanation  or  apology  allow  me  now  to 
say  to  you  that  no  person  living  can  possibly  feel  a  more 
ardent  desire  for  an  end  to  be  put  to  this  unnatural  and 
merciless  war  upon  honorable  and  just  terms  than  I  do. 
But  I  really  do  not  see  that  it  is  in  my  power  or  yours,  or  that 
of  any  number  of  persons  in  our  position,  to  inaugurate 
any  movement  that  will  even  tend  to  aid  in  bringing  about 
a  result  that  we  and  so  many  more  desire. 

The  movement  by  our  Legislature  at  its  last  session,  at 
the  suggestion  of  the  Executive,  on  this  subject,  wa*  by 
authority  properly  constituted  for  such  a  purpose.  That 
movement,  in  my  judgment,  was  timely,  judicious,  and  in 
the  right  direction.  Nor  has  it  been  without  results.  The 
organization  of  that  party  at  the  North  to  which  you  reier 
may  justly  be  claimed  as  a  part  of  the  fruits  of  it.  These, 
it  is  to  be  hoped,  will  be  followed  by  others  of  a  more 
marked  character,  if  all  in  both  sections  who  sincerely  de 
sire  peace  upon  correct  terms  will  give  that  movement 
thus  inaugurated  all  the  aid  in  their  power. 

The  resolutions  of  the  Georgia  Legislature,  at  its  last 
session,  upon  the  subject  of  peace,  in  my  judgment,  embo 
died  and  set  forth  very  clearly  those  principles  upon  which 
alone  there  can  be  permanent  peace  between  the  different 
sections  of  this  extensive,  once  happy  and  prosperous,  but 
now  distracted  country. 

Easy  and  perfect  solution  to  all  present  troubles,  and 
those  far  more  grievous  ones  which  loom  in  prospect,  and 
portentously  threaten  in  the  coming  future,  is  nothing  more 
than  the  simple  recognition  of  the  fundamental  principle 
imd  truth  upon  which  all  American  constitutional  liberty 
is  founded,  and  upon  the  maintenance  of  which  alone  it  can 
be  preserved— that  is,  the  sovereignty,  the  ultimate,  abso 
lute  sovereignty,  of  the  States.  This  doctrine  our  Legis 
lature  announced  to  the  people  of  the  North  and  to  the 
world.  It  is  the  only  key-note  to  peace — permanent,  last 
ing  peace — consistent  with  the  security  of  the  public  lib 
erty. 

The  old  Confederation  was  formed  upon  this  principle. 
The  old  Union  was  afterwards  formed  upon  this  principle. 
No  league  can  ever  be  formed  or  maintained  between  any 
State,  North  or  South,  securing  public  liberty,  upon  any 
other  principle.  The  whole  framework  of  American  in 
stitutions,  which  in  so  short  a  time  had  won  the  admiration 
of  the  world,  and  to  which  we  were  indebted  for  such  an 
unparalleled  career  of  prosperity  and  happiness,  was  formed 
upon  this  principle.  All  our  present  troubles  sprung  from 
a  departure  from  this  principle,  from  a  violation  of  this 
essential  law  of  our  political  organization. 

In  1776  our  ancestors,  and  the  ancestors  of  those  who 
are  waging  this  unholy  crusade  against  us,  together  pro 
claimed  the  groat  and  eternal  truth  for  the  mainteiuuicoof 
which  they  jointly  pledged  their  lives,  their  fortunes,  and 
their  sacred  honor,  that  governments  are  instituted 
amongst  men,  deriving  their  just  powers  from  the  consent 
of  tho  governed,  and  that  whenever  any  torm  of  govern 
ment  becomes  destructive  of  those  ends  for  which  it  was 
formed,  it  is  the  right  of  the  people  to  alter  or  abolish  it 
and  institute  a  new  Government,  laying  its  foundations  on 
such  principles,  and  organizing  its  powers  in  such  a  form 
as  to  them  may  seem  most  likely  to  eflect  their  safety  and 
happiness. 

It  is  needless  here  to  state  that  by  "people  ''  and  "gov 
erned,"  in  this  annunciation,  is  meant  communities  and 
bodies  of  men  capable  of  organizing  and  maintaining  a 
government,  not  individual  members  of  society.  The  coi> 
sent  of  the  governed  refers  to  the  will  of  the  mass  of  the 
community  or  State  in  its  organized  form,  and  expressed 
through  its  legitimate  and  properly  constituted  organs.  It 
was  upon  this  principle  the  Colonists  stood  justified  before 
the  world  in  effecting  their  separation  from  the  mother 
country.  It  was  upon  this  principle  that  the  original  thir 
teen  co-equal  and  co-sovereign  States  formed  the  Federal 
compact  of  the  old  Union  in  1787.  It  is  upon  the  same 
principle  that  the  present  co-equal  and  co-sovereign 
States  of  our  Confederacy  formed  their  new  compact  of 
Union. 

The  idea  that  the  old  Union  or  any  Union  between  sov 
ereign  States, consistently  with  this  fundamental  truth. can 
bo  maintained  by  force  is  preposterous.  This  war  springs 
from  an  attempt  to  do  this  preposterous  thing.  Superior 
power  may  compel  a  Union  of  some  sort,  but  it  would  not 
be  the  Union  of  the  old  Constitution  or  of  our  new.  It 
would  be  that  sort  of  Union  that  results  from  despotism. 

The  stibjugation  of  the  people  of  the  South  by*  the  peo 
ple  of  the  North  would  necessarily  involve  the  destruction 


APPENDIX. 


431 


of  the  Constitu'ion,  and  the  overthrow  of  their  liberties  as 
•well  ;is  ours.  The  men  or  party  at  the  North,  to  whom 
yon  rcft-r,  who  favor  peace,  must  be  brought  to  a  full  re- 
ft'i/.".tion  of  this  truth  in  all  its  bearings  before  their  efforts 
•will  result  in  much  practical  good.  Any  peace  growing  out 
ol  u  union  of  States  established  by  force  will  be  as  ruinous 
to  th  in  a  to  us. 

The  a  -tion  of  the  Chicago  Convention,  so  far  <is  its  plat- 
Ibrm  of  principles  goes,  presents,  as  I  have  said  on  another 
occasion,  a  ray  of  light,  which,  under  Providence,  may 
prove  the  dawn  of  day  to  this  long  and  cheerless  night, 
the  first  ray  of  light  I  have  seen  from  the  North  since  the 
war  began.  This  cheers  the  heart,  and  towards  it  1  could 
almost  exclaim,  "Hail!  holy  light, offspring  of  Heaven,  first 
1  orn  of  tlie  eternal  co-eternal  beam.  May  I  express  thee 
uublamed,  since  God  is  li.-.-ht."  Indeed,  I  could  have  quite 
8"  exclaimed,  but  for  the  sad  reflection  that  whether  it 
shall  bring  healing  in  its  beams  or  be  lo^t  in  a  dark  and 
ominous  eclipse  ere  Its  good  work  be  done,  depends  so  much 
upon  the  action  of  others  who  may  not  regard  it  and  view 
it  as  I  do.  So  at  best  it  is  but  a  ray,  a  small  and  tremu 
lous  ray,  enough  only  to  gladden  the  heart  and  quicken  the 
hope. 

The  prominent  and  leading  idea  of  that  Convention 
seems  to  have  been  a  desire  to  reach  a  peaceful  adjustment 
of  our  present  difficulties  and  strife  through  the  medium  of 
a  convocation  of  the  States.  They  propose  to  suspend  hos 
tilities,  to  see  what  can  be  done,  if  anything,  by  negotiations 
of  some  sort.  This  H  one  step  in  the  right  direction.  To 
such  a  convention  of  the  States  I  should  have  no  objection, 
as  a  peaceful  conference  and  interchange  ol  views  between 
equal  and  sovereign  Powers,  just  as  the  Convention  of  1787 
was  called  and  assembled.  The  proper  constituted  author 
ities  at  Washington  and  Richmond,  the  duly  authorized 
representatives  of  the  two  confederacies  of  States  now 
-at  war  with  each  other,  might  give  their  assent  to  such  a 
proposition.  Good  might  result  from  it.  It  would  be  an 
appeal  on  both  sides  from  the  sword  to  reason  and  justice. 
All  wars  which  do  not  result  in  the  extinction  and  exter 
mination  on  one  side  or  the  other  must  be  ended  sooner  or 
later  by  some  sort  of  negotiation. 

From  the  discussion  or  interchange  of  views  in  such  a 
Convention,  the  history  as  well  as  the  true  nature  of  our 
institution?,  and  the  relation  of  the  States  towards  each 
other  and  towards  the  Federal  head,  would  doubtless  be 
much  better  understood  generally  than  they  now  are ;  but 
I  should  favor  such  a  proposition  only  as  a  peaceful  confer 
ence,  as  the  Convention  of  1787  was.  I  should  be  opposed 
to  leaving  the  question  at  issue  to  the  absolute  decision  of 
•nch  a  body.  Delegates  might  be  clothed  with  powers  to 
consult  and  agree,  if  they  could,  upon  some  plan  of  adjust 
ment,  to  be  submitted  for  subsequent  ratification  by  the 
sovereign  States  whom  it  affected,  before  it  should  be  obli 
gatory  or  binding,  and  then  binding  only  on  such  as  should 
HO  ratify  it.  It  becomes  the  people  of  the  South  as  well  as 
the  people  of  the  North  to  be  quite  as  watchful  and  jealous 
of  their  rights  as  their  common  ancestors  were.  The  main 
tenance  of  liberty  in  all  ages,  times,  and  countries,  when 
and  \vlu  re  it  has  existed,  has  required  not  only  constant 
vigilance  and  jealousy,  but  it  has  often  required  the  great 
est  privations  and  sufferings  and  sacrifices  that  people  of 
States  are  ever  subjected  to.  Through  such  an  ordeal  we 
aru  now  passing.  Through  a  like  and  even  a  severer  ordeal 
our  ancestors  passed  in  their  struggle  for  the  principles 
which  it  has  devolved  upon  us  thus  to  defend  and  main 
tain. 

But,  great  as  our  sufferings  and  sacrifices  have  been 
and  are,  to  which  you  allude,  they  are  as  yet  far  short 
of  the  like  sufferings  and  sacrifices  which  our  fathers  bore 
wiili  patience,  courage  and  fortitule  in  the  crisis  that  tried 
men's  souls  in  their  day.  These  are  the  virtues  that  sus 
tained  them  in  their  hour  of  need.  Their  illustrious  and 
glorious  example  bids  us  not  to  uuder-estimate  the  price 
less  inheritance  they  achieved  for  us  at  such  a  cost  of  treasure 
and  blood.  Great  as  are  the  odds  we  are  struggling  against, 
th.'y  are  not  greater  than  those  against  which 'they  success 
fully  straggled.  In  point  of  reverses  our  condition  is  not 
to  bo  compared  with  theirs.  Should  Mobile.  Savannah, 
Charleston,  Augusta.  Macon,  Montgomery,  and  even  Peters 
burg  and  Richmond  fall,  our  condition  would  not  then  be 
worse  or  less  hopeful  than  theirs  was  in  the  darkest  hour 
tbat  rested  on  their  fortunes.  With  wisdom  on  the  part  of 
those  who  control  our  destiny  in  the  Cabinet  and  in  the 
Cell,  in  husbanding  and  properly  wielding  our  resources  at 
their  command,  and  in  securing  the  hearts  and  affections  of 
the  people  in  the  great  cause  of  right  and  liberty  for  which 
we  i:r«»  straggling,  wo  could  suffer  all  their  losses  and  ca- 
lamitios.  iind  greater  even,  and  still  triumph  in  the  end. 

At  present,  however,  I  do  not  see,  as  I  stated  in  the  out- 
6ft,  that  you  or  I,  or  any  number  of  persons  in  our  position, 
cnn  do  anything  towards  inaugurating  any  new  movement 
looking  to  a  peaceful  solution  of  the  present  strife.  The  war 
on  our  part  is  tairly  and  entirely  defensive  in  its  character. 
Uou  long  it  will  continue  to  be  thus  wickedly  and  merci 


lessly  waged  against  us  depends  upon  the  people  of  th« 
North.  Georgia,  our  own  State,  to  whom  wo  owe  allegmnce^ 
hsis  with  great  unanimity  proclaimed  the  principles  upon 
which  a  just  and  permanent  peace  ought  to  be  sought  and 
obtained.  The  Congress  of  the  Confederate  States  has  fol 
lowed  with  an  endorsement  of  these  principles.  All  you 
and  I,  and  others  in  our  position,  therefore,  can  do  on  that 
line  at  this  time  is  to  sustain  the  movement  already  inau- 
rated,  and,  to  the  utmost  of  our  ability,  to  hold  up  the^e 
principles  as  the  surest  hope  of  restoring  soundness  to  the 
public  mind  of  the  North,  as  the  brazen  serpent  was  lu-ld 
up  for  the  healing  of  Israel  in  the  wilderness.  The  chief 
aid  and  encouragement  we  can  give  the  peace  party  at  tin- 
North  is  to  keep  before  them  these  great  fundamental  prin 
ciples  and  truths,  which  alone  will  lead  them  and  us  to  per 
manent  and  lasting  peace,  with  possession  and  enjoyment 
of  constitutional  liberty.  With  these  principles  once  re 
cognized,  the  future  would  take  care  of  itself,  and  there 
would  be  no  more  war  so  long  as  they  should  be  adhered 
to.  All  questions  of  boundaries,  confederacies,  and  union 
or  unions  would  naturally  and  easily  adjust  themselves, 
according  to  the  interests  of  parties  and  the  exigencies  of 
the  times.  Here  lies  the  true  law  of  the  balance  of  power 
and  the  harmony  of  States. 

Yours,  respectfully, 

ALEXANDER  H.  STEPHENS. 

LETTER  PROM    WILLIAM    W.    BOYCE  ON    PEACE. 

WINSDORO,  S.  C.,  Sept.  29, 1864. 
His  Excellency  JEFFERSON  DAVIS  : 

SIR:  The  Democratic  party  of  the  United  States,  in  their 
rtcent  convention  at  Chicago,  resolved  that  if  they  attained 
power  they  would  agree  to  an  armistice!  and  a  convention 
of  all  the  States,  to  consider  the  subject  of  peace.  1  think 
that  action  demands  a  favorable  response  from  our  Gov 
ernment.  You  are  the  only  person  who  can  make  that  re 
sponse,  because  our  Congress  does  not  meet  until  after  t'.ie 
time  appointed  for  the  Presidential  election.  If  our  Con 
gress  met  in  time  I  should  propose  the  action  I  desire- 
taken  to  that  body,  and  submit  to  its  judgment  rny  argu 
ment;  but  as  that  opportunity  does  not  occur,  I  have  no 
alternative  but  to  remain  silent,  or  address  myself  to  you. 
I  cannot,  consistently  with  my  ideas  of  duty,  remain  silent. 
I  therefore  address  myself  to  you.  We  are  wagin  ^  war  to 
obtain  <i  satisfactory  peace.  By  a  satisfactory  peace,  I  mean 
a  peace  consistent  with  the  preservation  of  our  free  insti 
tutions.  By  a  satisfactory  peace,  I  do  not  mean  that  cessa 
tion  of  hostilities  which  might,  after  a  protracted  contest. 
result  from  the  exhaustion  of  the  belligerents,  whereby 
the  sword  would  fall  from  their  nerveless  hands,  their 
hearts  a  prey  to  the  furies.  Such  a  peace  as  that  would  be 
but  a  hollow  truce,  in  which  each  party  would  be  inces 
santly  preparing  for  a  new,  final  and  decisive  struggle. 
The  peace  which  I  mean  is  a  peace  which  reconciles  the 
interests  and  the  feelings  of  the  belligerents;  a  peace,  in 
short,  which  restores  harmony.  Unless  we  can  obtain  such 
a  peace  as  this,  our  republican  institutions  totter  to  thc'ir 
fall,  and  we  become  the  subjects  of  a  military  despotisui. 
Every  government  must  exist;  that  is  the  law  of  its  being. 
If  it  is  attacked  by  a  great  force  it  must  bring  a  propor 
tionately  great  force  to  i  ^s  defence.  If  its  form  is  such  a e 
not  to  furnish  military  strength  to  the  full  extent  of  its 
means,  it  must  disregard  that  form.  The  republican  form, 
especially  the  form  of  a  Confederacy  of  free  States,  is  not 
the  best  adapted  for  war.  In  fact,  it  is  a  peace  establish 
ment.  The  form  best  adapted  for  war  is  a  national  mili 
tary  despotism.  The  Republic  at  war  is  gradually  passing 
into  military  despotism.  As  the  war  continues  and  the, 
pressure  of  its  enemies  increases,  this  transition  is  accelera 
ted.  A  Republic  forced  to  the  wall  by  a  powerful  enemy 
must  end  in  despotism.  If  we  turn  our  eyes  to  Europe  we 
find  only  two  nations  with  free  institutions,  Great  Britain 
and  Switzerland.  Why  is  this?  The  reason  is  obvious. 
The  necessity  of  being  constantly  in  the  highest  state  of 
preparation  for  war  compels  every  country  to  the  utmost 
development  of  its  military  strength.  Absolute  govern 
ment  is  a  part  of  that  state  of  preparation,  and  therefore 
absolute  government  is  the  ordinary  condition.  If  there 
were  no  other  obstacle  to  France  being  a  republic,  the  im 
mense  standing  armies  she  is  compelled  to  keep  constantly 
under  arms  would  be  conclusive.  France  is  compelled  to 
keep  six  hundred  thousand  men  always  in  arms.  France  is 
obliged,  therefore,  to  bo  what  she  is,  a  military  despotism. 
Take  tho  case  of  Prussia  in  the  celebrated  seven  years'  war. 
Suppose  her  institutions  had  been  liberal,  what  would  have 
been  the  result?  Frederick  the  Great  would  either  have 
had  to  abandon  the  struggle,  or  seize  all  power.  Iv'othkig 
but  absolute  power  in  the  hands  of  Frederick  enabled  him 
to  come  forth  victorious  from  the  contest.  He  sacriiic.'d 
everything  else  in  Prussia  to  the  one  idea  of  military 
strength.  As  Prussia  had  no  natural  defences,  and  was 
greatly  inferior  in  strength  to  the  othergivatpowers.it 
was  necessary  to  give  exclusive  development  to  the  military 
idea;  this  Frederick  did.  As  Macaulay  said,  he  made  Pnu»- 


432 


APPENDIX. 


est  amount  of  .ailitary  strength.     Pcrhap,  it  may  be  j  such  I  would  reply   we  brtfai  he  i  g     not  go 

B^  that  Switzerland  contradicts  my  theory.     I  reply  that  |  and  wo  are  acted  upon  by  necessity  UK  other  people     The 
Switzerland  fa  an   exceptional   case— a  few   nests  of  poor     truth  is,  that  the  Government  at  Wa^hin-to,,  hasnut  dared  t« 


-     .jests  of  poor 

people  buried  in  remote  valleys,  surrounded  by  inaccessible 
Mountains;  they  are  not  worth  conquering.  Besides,  the 
mutual  jealousy  of  the  great  powers  is  their  real  safeguard. 
England  is  the  only  free  and  great  power  in  Europe.  This 
is  owing  to  her  insular  position.  The  ocean  is  the  divine 
charter  of  her  freedom.  If  nothing  but  a  surveyor's  line 
separated  England  from  France,  England  would  be  a  mili 
tary  despotism  as  Franca  is.  No  country  can  be  free  which 
has  to  sleep  with  her  hand  on  her  sword. 

But  why  resort  to  general  reasoning  and  the  condition  of 
European  nations  to  prove  what  I  have  asserted,  when  the 
proof  stares  us  in  the  face  in  ihe  example  of  our  own  coun 
try.  We  see  it  in  every  sight :  we  feel  it  in  every  emotion  ; 
we  hear  it  in  every  sound.  When  our  present  Government 
was  established,  everything  possible  was  done  in  the  inter- 
VHt  p'  State  rights,  every  conceivable  guarantee  was  taken 
for  individual  freedom — is  little  as  possible  was  conceded 
to  the  Federal  Government.  The  Fedeial  Government  was 
"cabined,  cribbed,  confined/' "hedged  in  by  saucy  doubts 
and  fears."  The  school  of  extreme  State  rights  were  at 
work  framing  a  Constitution  for  a  Federal  Government, 
with  the  accumulated  suspicions  of  seventy  years.  They 
did  their  work  well.  The  problem  to  be  solved  was  the 
framing  of  a  Federal  Government,  with  the  minimum  of 
power  to  function.  I  thought  at  the  time  it  was  useless 
labor,  because  I  conceived,  in  the  humility  of  my  judgment, 
th-it  the  constitution  of  a  country  was  that  which  its  neces 
sities  pointed  out,  and  that  you  could  not  in  advance  say 
what  would  be  the  necessities  of  a  Confederacy  exposed  to 
perpetual  war  with  a  neighboring  power  of  superior  force. 
Hut  the  iramers  of  our  Constitution  were  not  deterred  by 
jiny  such  considerations  as  these  from  their  work.  They 
established  their  Confederacy,  guarded  and  limited  in  the 
interests  of  the  rights  of  the  separate  States  as  much  as 
possible.  Well,  we  have  been  at  war  riot  quite  four  years, 
and  what  is  the  result?  Fs  not  our  Federal  Government  in 
the  exercise  of  every  possible  power  of  a  national  central 
military  despotism?  Suppose  there  were  no  States,  only 
provinces,  and  unlimited  power  was  conferred  upon  you 
and  Congress — what  greater  powers  would  you  exercise 
than  you  do  now?  Have  we  not  carried  conscription  to  its 
last  limits?  Is  not  every  mall  in  the  country  between 
17  and  50  subject  to  military  authority?  None  are  exempt 
except  upon  considerations  of  public  interest,  Have  we 
not  been  compelled  to  lay  direct  taxes  in  the  very  teeth  of 
the  theory  of  the  Constitution?  Have  we  not  issued  such 
vast  amounts  of  paper  money  as  to  unsettle  all  value?  Have 
we  not  compelled  the  holders  of  our  paper  money  to  fund 
it,  or  lose  one-third  ?  Have  we  not  seized  all  Ihe  railroads? 
Have  we  not  destroyed  railroads  and  built  others  ?  Have 
we  not  established  a  universal  system  of  impressment  of 
property,  at  our  own  prices,  in  our  own  money  ?  Have  we 
not  established  a  Government  monopoly  of  the  exportations 
of  the  great  staples  of  the  country  ?  Have  we  not  forbid 
den  the  importation  of  luxuries?  Have  we  not  compelled 
those  whom  we  permit  to  remain  at  home  to  execute  bonds 
to  furnish  their  products  to  us  at  our  prices?  Have  we  not 
Huspended  thevrritcfJiabcatcorputf  Have  we  not.  introduced 
the-  passport  system,  which  we  used  to  think  belonged  to 
the  iron  despotism  of  Europe  ?  In  short,  has  not  our  Federal 
Government  done  every  thing  that  a  centralized  military  des 
potism  could  do?  Indeed,  if  you  were  appointed  Military 
Dictator,  what  greater  powers  could  you  exercise  than  you 
now  do  ?  I  allude  to  these  things  not  to  complain  of  them,  but 
to  lament  them.  If  you  tell  me  they  are  necessary,  I  reply 
that  is  precisely  my  argument.  My  argument  assumes  anil 
requires  that  necessity.  It  is  plain' that  our  Government  ex-  I 
ercises  the  powers  of  a  central  despotism.  I  blame  no  one 
for  it.  I  am  sure  those  who  are  at  the  head  of  the  Govern-  ' 
ment  would  gladly  have  it  otherwise;  but  necessity  com 
pels  the  course  they  have  taken.  But  I  shall  be  told,  per 
haps,  this  necessity  is  limited  to  the  war,  and  wlvn  peace 
returns  we  will  go  back  Jo  our  old  state  of  liberty.  That 
depends  upon  the  kind  of  peace.  A  peace  without  reconcili 
ation  carries  in  his  bosom  the  seeds  of  new  wars.  This  armed 
peace  and  its  offspring,  war,  would  fasten  upon  us  perma 
nent  ly  a  central  military  despotism.  It  is  common  to  b«ar  it 
said  that  the  United  States  have  gone  into  despotist.  .  If 
BO,  then  it  is  a  very  sad  truth  for  us,  for  that  would  develop 


t  at  Washington  has  not  dared  to 
exercise  power  on  the  grand  scale  that  our  Government  hat. 
The  Lincoln  Government  has  not  ventured  to  resort  to  an 
effective  conscription ;  it  has  not  resorted  to  taxation  as  we 
have;  it  has  no  tax  in  kind;  it  does  not  prohibit  imports; 
it  does  not  monopolize  the  exports ;  it  do«s  not  rely  «,n  im 
pressments.  It  plays  the  tyrant,  but  it  hesitates  to  seize 
tin;  sceptre. 

I  think  I  have  established  iny  proposition,  that  our  Re 
publican  institutions  are  lost  unless  we  have  a  peace  accom 
panied  by  harmony  with  the  North.  The  great  question  for 
us  then  is,  how  are  we  to  obtain  such  a  peace? 

Before  I  consider  this  question,  I  would  call  your  atten 
tion  to  this  fact,  that  the  peace  we  are  to  make  with  the 
North  is  to  be  made  by  us  and  the  North  alone.  There  is 
no  probability  of  any  foreign  intervention:  by  that  I  nieaii 
any  armed  interference  in  our  behalf.  The  peace  between 
the  North  and  the  South,  when  it  conies,  must  couie,  then, 
by  the  action  of  these  parties  alone.  Foreign  Powers  will 
not  interfere.  The  question  then  is,  how  are  these  bellig 
erent  States,  now  so  fiercely  engaged,  to  obtain  this  p^-ace 
with  reconciliation,  which  I  have  said  is  necessary  to  pre 
serve  their  Republican  form  of  government?  It  is  a  great 
question.  I  now  approach  it. 

I  admit  in  the  first  place  that  a  successful  military  de 
fence  is  indispensable.  Without  that  nothing  can  be  anti 
cipated  but  utter  ruin.  But  io  this  all  ?  I  think  not.  There 
is  something  over  and  above  success  in  war.  That  is  polit 
ical  policy.  If  Mr.  Lincoln  remains  in  power,  there  is  no 
hope  of  accomplishing  anything  by  political  policy.  Mr. 
Lincoln  is  the  exponent  of  the  fanaticism  and  hatred  of  the 
North.  He  holds  power  because  he  is  the  exponent  of  these 
sentiments  of  his  party;  in  order  to  be  master  of  others  he 
has  to  be  their  slave.  He"  cannot  be  rational  upon  the  sub 
ject  of  slavery,  because  ho  represents  madmen;  ho  cannot 
exercise  what  Burke  calls  the  truest  political  wisdom,  mag 
nanimity,  because  he  represents  malignants.  Besides,  Mr. 
Lincoln  is  committed  by  his  past  career  to  the  most  violent 
course.  If  he  had  been  a  statesman  when  he  became  Pres 
ident,  he  could,  by  a  wise  policy,  have  restored  harmony. 
But  in  that  great  crisis,  when  statesmanship  could  have 
accomplished  so  much,  he  used  no  efforts  to  harmonize, 
but  yielded  himself  up  a  mere  instrument  of  the  foolish 
mob,  as  if  statesmanship  came  from  below  upwards.  Mr. 
Win.  II.  Seward,  by  his  speeches  made  in  the  winter  of  'GO, 
showed  that  he  comprehended  the  policy  of  conciliation, 
but  just  at  the  moment  when  it  became 'necessary  to  put 
in  force  his  fine  maxims,  he  found  no  use  for  them.  Mr. 
Lincoln's  mode  of  carrying  on  the  war,  his  emancipation 
policy,  the  license  he  gave  his  armies  to  commit  tho  great 
est  outrages,  shows  that  he  relies  on  nothing  but  force.  I 
confess,  therefore,  I  have  no  hope  of  Mr.  Lincoln  as  a  p:*- 
cilicator.  I  should  as  soon  have  selected  Charles  IX  to 
pacify  the  Huguenots  after  the  massacre  of  St.  Bartholo 
mew.  But  fortunately  Mr.  Lincoln  and  those  he  represents 
are  not  all  of  the  North.  There  is  a  powerful  party  there 
which  condemns  his  policy.  That  party  is  rational  on  the 
subject  of  slavery.  It  represents  whatever  of  amity  or 
conservatism  is  left  at  the  North.  This  party  proposes  that 
the  war  shall  cease,  at  least  temporarily,  and  that  al!  the 
States  should  meet  in  amicable  council,  to  make  peace  if 
possible.  This  is  the  most  imposing  demonstration  in  f w>r 
of  peace  made  at  the  North  since  the  war  broke  out.  I 
think  our  only  hope  of  a  satisfactory  peace,  one  consistent 
with  the  preservation  of  free  institutions,  is  in  the  suprem 
acy  of  this  party  at  some  time  or  other.  Our  policy,  th- av 


foro,  is  to  give  this 


l  we  can.  You  should. 


is  party  all  the  capital 

therefore,  at  once,  in  my  opinion,  give  this  party  all  tli  ,  a 
couragement  possible,  by  declaring  your  willingness  to  an 
armistice,  and  a  convention  of  all  the  States  in  their  sov 
ereign  capacity,  to  enter  upon  the  subject  of  peace.  The 
theory  upon  which  this  party  goes  is,  that  wo  ai\«  willing 
to  cease  hostilities,  at  least  temporarily,  and  meet  in  coun 
cil  to  attain  peace  if  possible.  The  theory  upon  which  Mr. 
Lincoln  goes  is,  that  there  is  no  use  to  attempt  any  nego 
tiation  with  us;  that  the  sword  is  the  only  possible  arbiter. 
Our  policy  is  to  show  that  the  theory  of  tho  Chicago  plat 
form  is  the  true  one.  To  put  this  matter  in  another  light, 
let  us  ask  the  question,  what  is  the  policy  that  Mr.  Lincoln 
wishes  us  to  pursue  ?  Of  course  he  wishes  us  to  verify  his 


APPENDIX. 


433 


theory  and  falsify  the  opposite  theory.  He  wishes  us  to 
treat  the  advances  of  the  Chicago  Convention  with  con 
tempt.  He  wishes  to  be  able  to  say  to  the  Northern 
people,  "see,  the  Government  of  Richmond  tramples  upon 
your  tendon  of  peaceful  negotiation ;  McClellan  could  ac 
complish  nothing  by  negotiation;  war  is  all  that  is  left; 
don't  remove  me,  I  am  carrying  that  on  with  especial  zeal." 
When  we  know  what  Mr.  Lincoln  wants  us  to  do,  then  we 
know  very  certainly  what  he  ought  to  do. 

It  may  be  said,  the  proposed  convocation  of  the  States  is 
unconstitutional.  To  this  I  reply,  we  can  amend  the  Con 
stitution.  It  may  be  further  objected  that  to  meet  the 
Northern  States  in  convention  is  to  abandon  our  present 
form  of  Government.  But  this  no  more  follows  than  that 
their  meeting  v>s  implies  an  abandonment  of  their  form  of 
Government.  A  Congress  of  the  States  in  their  sovereign 
capacity  is  the  highest  acknowledgment  of  the  principles 
of  State  rights.  This  imposing  assemblage  is,  in  my 
opinion,  the  best,  while  it  is  the  most  august  tribunal  to 
which  the  great  question  of  peace  could  possibly  be  re 
ferred.  Imagine  this  grand  council  of  States  in  the  act  of 
convening,  after  the  people,  everywhere  in  peaceful  posses 
sion  of  the  right  to  elect  their  ambassadors,  had  done  so. 
What  a  sublime  spectacle  it  would  present!  There  would 
be  nothing  to  compare  wit!  it  in  moral  grandeur,  in  an 
cient  or  modern  times.  The  friends  of  humanity  and  pro 
gress  and  civilization,  and  all  Christians  in  every  land, 
would  rejoice  at  the  spectacle,  and  millions  in  every  clime, 
the  good  everywhere,  would  mingle  their  prayers  in  all 
tongues  for  an  auspicious  issue  to  these  great  deliberations. 
The  question  rests  with  you ;  the  responsibility  is  with  you ; 
the  consequences  will  be  with  your  country.  You  and  Mr. 
Lincoln  can  never  make  peace.  You  may  traverse  indefi 
nitely  the  same  bloody  circles  you  have  been  moving  in  for 
the  last  four  years,  but  you  will  never  approach  any  nearer 
than  you  now  are.  Your  only  hope  of  peace  is  in  the  as 
cendancy  of  the  conservative  party  North.  Fortify  that 
party  if  you  can  by  victories,  but  do  not  neglect  diplomacy. 
It  was  the  boast  of  Philip,  the  great  king,  that  he  gained 
more  cities  by  his  policy  than  by  his  arms.  A  weak  power, 
engaged  with  a  stronger,  must  make  up  in  sagacity  for 
what  it  lacks  in  physical  force,  otherwise  the  monuments 
of  its  glory  become  the  tomb  of  its  nationality. 

With  sentiments  of  the  highest  respect,  1  remain  your 
fellow-citizen, 

WILLIAM  W.  BOYCE. 

LETTER   FROM    HERSCHEL  V.  JOHNSON    ON    PEACE. 
SANDY  GROVE,  NEAR  BARTOW  P.  0.,  GA.,  Sept.  25, 1864. 

GENTLEMEN  :  Your  letter  of  the  14th  inst.  was  received 
several  days  ago.  I  have  taken  time  to  consider  the  object 
which  it  proposes — "  the  inauguration  of  a  peace  movement 
at  the  South."  I  long  for  peace  as  ardently  as  "  the  hart 
pants  for  the  cooling  water  brook."  I  agree  with  you,  that 
"  this  unnatural  strife  cannot  be  terminated  by  arms." 

To  this  end,  we  should  lose  no  occasion,  nor  omit  any 
proper  means  to  convince  the  North  that  we  are  still,  as  we 
always  have  been,  willing  to  adjust  the  difficulties  between 
us,  upon  honorable  terms.  We  have  avowed  our  desire  for 
peace  and  readiness  for  negotiation  from  the  very  beginn 
ing  of  the  war,  in  every  form  in  which  organized  communities 
can  give  expression  to  their  will.  We  have  avowed  it  in 
executive  messages,  in  legislative  resolves  and  congressional 
manifestoes. 

What  more  can  we  do,  in  view  of  our  situation  ?  Gladly 
would  I  do  more,  if  it  were  possible.  But  I  do  not  believe 
that  it  is.  We  can  inaugurate  no  movement  that  would 
lead  to  the  result  so  earnestly  desired  by  every  friend  of 
humanity,  and  so  urgently  demanded  by  the  interests  of 
both  sections.  Our  military  situation  w  >uld  seem  to  for 
bid  even  the  attempt.  The  capture  of  Atlanta  and  Rich 
mond  is  regarded  by  the  authorities  of  the  United  States 
as  all  that  is  necessary  for  our  ultimate  subjugation.  They 
have  captured  Atlanta,  and  General  Grant  saj  s  the  early 
capture  of  Richmond  is  certain,  beyond  a  doubt. 

What,  under  thfe  circumstances,  would  be  the  probable 
effect  of  any  peace  movement  at  the  South  ?  Would  it 
conciliate  the  North?  Would  it  inspire  the  Government  of 
the  United  States  with  a  sense  of  justice,  or  forbearance,  or 
magnanimity?  So  far  from  this,  it  would  be  construed 
into  intimidation  on  our  part,  and  it  would  stimulate  and 
intensify  the  war  spirit  of  the  North.  It  would  he  regarded 
as  our  confession  of  overthrow,  and  the  premonitory  symp 
tom  of  our  readiness  to  sue  for  mercy  011  the  bended  knees 
of  unconditional  surrender. 

In  view  of  the  avowed  object  of  the  war  on  the  part  of 
the  Northern  Government,  it  is  very  certain  that  there 
can  be  no  peace,  upon  any  honorable  'terms,  so  long  as  its 
present  rulers  are  in  power.  The  President  of  the  United 
States  has  proclaimed  emancipation,  and  his  determina 
tion  to  enforce  it  by  the  sword.  He  has  announced  hi 
advance  of  any  formal  offer  of  negotiation  on  our  part,  that 
he  will  not  treat  with  rebels,  (as  he  is  pleased  to  call  the 
people  of  the  Confederate  States,)  except  upon  the  con- 
28 


dition  that  we  lay  down  our  arms,  abandon  slavery,  and 
!  return  to  the  Union.  He  will  then  grant  such  terms  aa 
may  be  compatible  with  his  sense  of  justice,  liberality, 
and  magnanimity.  So  long,  therefore,  as  its  present  rulers 
are  in  power,  and  this  policy  shall  be  adhered  to,  there 
can  be  no  peace  between  us  and  the  Government  of  the 
United  States  which  will  not  bring  upon  us  confiscation, 
social  disorganization,  poverty,  degradation,  and  intolerable 
dishonor.  What  worse  would  be  our  doom  if  subjugated 
by  military  power  ?  Subjugation  is  no  worse  than  the  sub 
mission  offered  to  us  as  the  only  condition  of  peace.  It 
would  at  least  save  to  us  our  honor. 

We  must  havo  negotiations  which  will  not  compromise 
otir  status  in  any  way ;  which  will  not  affect  our  national 
honor,  or  the  rights  of  States.  Peace  upon  any  other  terms 
involves  the  loss  of  liberty,  because  it  will  be  the  result  of 
force — not  of  choice  and  compact  between  co-equal  and 
sovereign  States.  Peace  upon  any  other  terms  means  des 
potism  enthroned  in  empire — not  Republicanism  founded 
upon  "the  consent  of  the  governed,"  and  organized  "in  such 
forms  as  to  them  shall  seem  most  likely  to  effect  their  safe 
ty  and  happiness."  This  is  the  kind  of  peace  which  the 
United  States  now  propose  to  enforce  upon  the  people  of 
the  Confederate  States — the  peace  of  death  to  constitution 
al  liberty — the  stagnant  peace  of  despotism — the  peace 
which  chains  and  prison  burs  impose. 

I  look  with  anxiety  to  the  approaching  Presidential  elec 
tion  in  the  United  States.  For,  although  the  Chicago  plat 
form  falls  below  the  great  occasion,  and  the  nominee  still 
lower,  yet  the  triumph  of  the  Democratic  party  of  the 
North  will  certainly  secure  a  temporary  suspension  of  hos 
tilities  and  an  effort  to  make  peace  by  an  appeal  to  reason. 
They  confess  that  four  years  of  bloody  war,  as  a  means  of 
restoring  the  Union,  has  proven  a  failure.  They  declare 
that  the  true  principles  of  American  Government  havo 
been  disregarded  and  trampled  under  foot  by  the  present 
Executive  of  the  United  States.  Their  success  will  bring  a 
change  of  Administration,  and,  with  that,  a  change  of  policy. 
It  will  do  more,  and  what  is  of  infinitely  greater  import 
ance,  it  will  bring  the  two  contending  parties  face  to  face, 
in  the  arena  of  reason  and  consultation.  Then  and  there 
can  be  discussed  the  history  of  all  our  difficulties,  the  prin 
ciples  involved  in  the  bloody  issue,  and  the  respective  in 
terests  of  both  Governments.  Such  is  my  conviction  of  the 
omnipotence  of  truth  and  right,  that  I  feel  an  abiding  con 
fidence  that  an  honorable  peace  would  ultimately  spring 
from  such  deliberations. 

In  their  fong-cherished  devotion  to  the  Union  of  the 
States — a  sentiment  which  challenges  my  respect — the 
people  of  the  North,  it  seems  to  me,  have  fallen  into  two 
grave  and  capital  errors.  On  the  one  hand,  they  attach  an 
undue  importance  to  the  mere  fact  or  form  of  Union,  ig 
noring  the  principles  and  objects  of  the  Union,  and  forgetr- 
ting  that  it  ceases  to  be  valuable  when  it  fails  to  secure  that 
object  and  maintain  those  principles.  On  the  other  hand, 
they  think  that  the  States  of  the  Confederacy  have  separ 
ated  from  the  United  States  in  contempt  of  that  Union,  in 
a  wanton  disposition  to  insult  its  flag  and  to  destroy  the 
Government  of  which  it  is  the  emblem.  Both  opinions  are 
wrong.  The  old  Union  was  an  organization  of  States.  But 
it  was  more ;  it  was  such  an  organization,  founded  upon 
great  principles,  in  order  to  give  the  most  efficient  security 
for  the  maintenance  of  those  very  same  principles. 

These  principles  are  the  sovereignty  of  the  States— the 
right  of  the  people  to  govern  themselves;  the  right  of  each 
State  to  regulate  its  own  domestic  affairs,  to  establish  its  own 
municipal  institutions,  to  organize  its  own  system  of  labor, 
and  to  pursue  its  own  career  of  enterprise,  subject  to  no  re 
strictions  except  such  as  are  expressed  in  the  Federal  Con 
stitution.  On  these  the  Union  was  based,  and  constitut-xl 
the  solemn  guarantee  of  all,  that  each  State  should  be  pro 
tected  in  their  undisturbed  enjoyment.  When  it  failed  to 
do  this,  or,  what  is  worse,  when  its  Government  passed 
into  the  administration  of  those  whoso  avowed  policy  and 
measures  must  lead  to  the  overthrow  of  those  principles,  it 
was  virtually  at  an  end,  and,  in  their  opinion,  ceased  to  be 
valuable  to  the  people  of  the  Confederate  States.  Hence. 
secession  was  not  resorted  to  merely  to  throw  off  the  Union. 

Our  people  loved  the  Union  and  honored  its  once  glorious 
flag  for  the  rich  memories  that  clustered  around  it.  They 
left  it  with  a  reluctance  and  regret  to  which  history  wili 
scarcely  do  justice.  They  were,  as  they  are  now,  wedded  to 
the  principles  on  which  the  Union  was  founded;  they  sep 
arated  from  it  but  to  vindicate  and  maintain  them.  Whether 
they  acted  wisely  or  unwisely  must  be  left  to  th«  imperial 
arbitrament  of  time  and  coming  events.  But  no  people 
were  ever  prompted  to  so  momentous  a  step  by  loftier  de 
votion  to  constitutional  liberty.  For  this  we  are  denounced 
as  rebels  against  the  Government  of  the  United  States,  and 
threatened  with  the  bloody  doom  of  traitors ;  our  country 
is  invaded,  our  homes  desolated,  and  our  people  slain  by 
hostile  armies. 

This  is  the  naked  truth.  When  thus  viewed,  how  cruel 
and  unnatural  is  this  war !  Why  should  the  North  tight  us  ? 


434 


APPENDIX. 


ially  why  should  the  thousands  of  professed  constitu-  < 
tional  men  at  the  North  lend  their  countenance  and  aid 
to  our  subjugation?  We  are  struggling  for  principles  which 
should  be  as  dear  to  them  as  they  are  to  us.  Do  they  not 
Hoe  that  our  overthrow  will  be  the  downfall  of  constitu 
tional  liberty— fatal  to  their  freedom  as  well  us  ours— the 
inauguration  of  an  irresponsible  and  unlimited  despotism  '! 
Correct  ideas  are  slow  in  the  progress  of  leavening  the  | 
mass  of  mind  ;  truth  is  ever  trampled  upon  when  passion 
gains  sway.  But  the  ultimate  prevalence  of  the  one  and 
the  ascendancy  of  the  other  is  only  a  question  of  time,  and 
their  end,  peace. 

The  light  already  begins  to  break  in  upon  the  think 
ing  and  better  portion  of  the  Northern  people.  They 
begin  to  see  that  this  war  is  not  waged  to  restore  the 
Union  in  good  faith — the  Union  of  the  Constitution ;  but 
either  to  secure  disunion,  by  avowing  impossible  and 
degrading  terms  of  peace,  or  to  convert  it  into  a  despotism 
by  subjugating  the  South.  Hence  the  Chicago  movement. 
Hence  the  note  of  discontent  that  is  being  sounded  by  a 
portion  of  the  press  and  statesmen  of  the  North.  God 
opened  the  light,  that  the  people  of  the  North  may  under 
stand  the  position  which  we  occupy,  and  discern  the  volcano 
that  threatens  to  engulph  their  liberty.  Then  they  will 
consider  negotiation  not  only  politically  but  absolutely 
necessary.  Then  peace  will  come,  predicated  upon  those 
principles  so  essential  to  both  Governments,  and  all  our 
strii'es  and  difficulties  solved  in  conformity  to  the  best  in 
terests  of  the  parties. 

In  view  of  our  position,  permit  me  to  repeat,  I  do  not  see 
how  we  can  inaugurate  any  movement  likely  to  lead  to  an 
honorable  peace.  We  are  the  party  assailed.  Peace  move 
ments  must  come  from  the  assailing  party.  I  would  not 
be  understood,  however,  as  standing  on  an}'  point  of 
etiquette  as  to  who  should  take  the  initiative — I  have  no 
such  feeling.  All  I  mean  to  say  is,  that  in  view  of  the 
avowed  policy  of  the  United  States  Government,  any  ad 
vance  on  our  part  is  already  rejected  before  made,  and 
that  we  cannot  make  any  upon  the  conditions  announced 
by  its  President.  1  would  not  hesitate  to  take  the  initia 
tive  if  there  was  the  least  hope  of  a  favorable  response  or 
au  honorable  result.  But  if  the  Government  of  the  United 
States  should  pass  into  other  hands,  repudiate  the  policy  of 
subjugation,  and  indicate  a  desire  for  negotiation,  I  would, 
if  need  be,  have  our  Government  propose  it — certainly 
accept  the  offer  of  it,  if  tendered  by  the  Federal  authori 
ties. 

Such  I  believe  to  be  the  spirit  and  temper  of  our  people. 
Such  I  am  satisfied  is  the  sentiment  of  the  President 
of  the  Confederate  States.  Ho  has  avowed  it  on  every 
occasion  which  required  him  to  allude  to  the  subject. 
The  North  can  have  peace  at  any  moment.  All  that  they 
need  to  do  is  to  let  us  alone — cease  to  fight  us  ;  or,  if  they 
prefer,  agree  to  negotiate  a  peace  on  terms  honorable  to 
both  parties.  We  are  willing,  always  have  been  willing, 
and  shall  continue  to  be  willing.  But  as  long  as  they  fight 
us  the  war  must  continue.  For  what  can  we  do  but  defend ''. 
We  have  no  power  to  stop  their  fighting  short  of  uncondi 
tional  submission  to  the  terms  announced  bv  the  President 
of  the  United  States. 

Are  our  people  prepared  for  peace  upon  those  terms?  It 
is  an  insult  to  ask  the  question,  unless,  indeed,  wo  sup 
pose,  contrary  to  the  whole  history  of  our  struggle,  that 
they  did  not  count  the  cost  in  the  beginning,  and  have  no 
just  appreciation  of  the  mighty  principles  involved.  The 
President  of  the  Confederate  States  never  uttered  anything 
more  true  than  when  he  said  to  the  unofficial  messenger  of 
President  Lincoln  that  "  we  are  not  fighting  for  slavery,  but 
for  the  right  of  self-government." 

So  long  as  the  people  will  keep  this  great  truth  in  view 
and  obey  the  inspiration  which  it  should  kindle  in  the 
breasts  of  freemen,  they  cannot  be  conquered.  They  may 
have  their  land  desolated,  their  property  destroyed,  their 
towns  and  cities  burned  and  sacked,  but  subjugated  they 
never  can  be.  Wo  cannot  have  peace  so  long  as  the  pre 
sent  rulers  of  the  United  States  are  in  power.  We  may 
not  even  if  the  Chicago  movement  should  be  successful. 
But  let  us  wait  and  hope  for  the  change  and  for  peace.  If 
it  come  not,  then  we  must  rely  upon  the  omnipotence  of 
truth  and  right,  and  the  judicious  economy  and  use  of  the 
means  which  God  has  given  us.  Patience,  fortitude,  cour 
age,  hope,  and  faith  are  as  much  elements  of  heroic  patri 
otism  as  they  are  of  Christian  perfection. 

It  i  •)  indispensable  to  cherish  them  with  untiring  devo 
tion,  and  as  the  only  condition  on  which  liberty  can  be 
gained  or  preserved.  Her  christening,  from  the  beginning, 
was  the  baptism  of  blood.  She  requires  her  votaries  to 
lock  arms  and  shields  around  her  a! tar,  resolved  to  die 
freemen  rather  thaif'livo  slaves.  If  this  be  the  spirit  of  the 
people,  ultimate  success  will  be  the  reward  for  their  suffer 
ing.-)  and  sacrifices.  For  their  e»rouragfm«:nt  history  is 
replete  with  examples,  of  which  none  is  more  striking  or 
more  inspiring  than  that  of  the  revolution  of  1776.  Then 


let  there  be  no  despondency,  no  relaxation  of  effort  and 
energy,  no  abatement  of  courage  and  heroic  resolve. 
I  am,  very  respectfully,  your  obedient  servant, 

HERSCHEL  V.  JOHNSON. 


Letters  from  Lieut.  Gen.  Grant. 

MEMPHIS,  TEN  jr.,  A  ugust  26,  1863 

GENTLEMEN:  I  received  a  copy  of  the  resolutions  pas.sxl 
by  the  ''loyal  citizens  of  Memphis,  at  a  meeting  held  at  the 
rooms  of  the  Chamber  of  Commerce,  August  25,  1863," 
tendering  me  a  public  reception. 

In  accepting  this  testimonial,  which  I  do  at  a  great  sac 
rifice  of  my  personal  feelings,  I  simply  desire  to  pay  a 
tribute  to  the  first  public  exhibition  in  Memphis  of  loyalty 
to  the  Government  which  I  represent  in  the  Department  of 
the  Tennessee.  I  should  dislike  to  refuse,  for  considera 
tions  of  personal  convenience,  to  acknowledge,  anywhere  or 
in  any  form,  the  existence  of  sentiments  which  I  have  so 
long  and  so  ardently  desired  to  see  manifested  in  this  De 
partment.  The  stability  of  this  Government  and  the  unity 
of  this  nation  depend  solely  on  the  cordial  support  and  the 
earnest  loyalty  of  the  people.  While,  therefore,  I  thank 
you  sincerely  for  the  kind  expressions  you  have  used  toward 
myself,  I  am  profoundly  gratified  at  this  public  recognition, 
in  the  city  of  Memphis,  of  the  power  and  authority  uf  the 
Government  of  the  United  States. 

I  thank  you,  too,  in  the  name  of  the  noble  army  which 
I  have  the  honoc  to  command.  It  is  composed  of  men 
whose  loyalty  is  proved  by  their  deeds  of  heroism  and 
their  willing  sacrifices  of  life  and  health.  They  will  rejoice 
with  me  that  the  miserable  adherents  of  the  rebellion, 
whom  their  bayonets  have  driven  from  this  fair  land,  ar» 
being  replaced  by  men  who  acknowledge  human  liberty  as 
the  only  true  foundation  of  human  government.  May  your 
efforts  to  restore  your  city  to  the  cause  of  the  Union  be  an 
successful  us  has  been  theirs  to  reclaim  it  from  the  despotic- 
rule  of  the  leaders  of  the  rebellion. 

I  have  the  honor  to  be,  gentlemen,  your  very  obedient 
servant,  U.  S.  GRANT, 

ALijor  General. 
To  Messrs.  R.  UOUGH,  and  others,  Committee,  Memphis. 

The  following  is  an  extract  of  a  letter  from 
Lieut.  Gen.  Grant,  dated, 

HEADQUARTERS  ARMIES  OP  THE  UNITED  STATES, 

CITY  POINT,  VA.,  Auy.  16, 1864. 
Hon.  E.  B.  WASHBCRNE: 

DEAR  SIR  :  I  sta»e  to  all  citizens  who  visit  me  that  all  we 
want  now  to  ensure  an  early  restoration  of  the  Unio:i  in  a 
determined  unity  of  sentiment  North.  The  Rebels  have 
now  in  their  ranks  their  last  man.  The  little  boys  and  old 
men  are  guarding  prisoners,  guarding  railroad  bridges,  and 
forming  a  good  part  of  their  garrisons  ibr  entrenched 
positions. 

A  man  lost  by  them  cannot  be  replaced.  They  have 
robbed  alike  the  cradle  and  the  grave  to  get  fioir  present 
forte.  Besides  what  they  lose  in  frequent  skirmishes  and 
battles,  they  are  now  losing,  from  desertions  and  other 
causes,  at  least  one  regiment  per  day.  With  this  drain  upon 
them  the  end  is  not  far  distant  if  we  will  only  be  true  to 
ourselves.  Their  only  hope  now  is  in  a  divided  North. 
This  might  give  them  re-enforcements  from  Tennessee. 
Kentucky,  Maryland  and  Missouri,  while  it  would  weaken 
us.  With  the  draft  quietly  enforced,  the  enemy  would 
become  despondent  and  would  make  but  little  resistance. 

I  have  no  doubt  but  the  enemy  are  exceedingly  anxious 
to  hold  out  until  after  the  Presidential  election.  They  have 
many  hopes  from  its  effects.  They  hope  a  counter  revolu 
tion  ;  they  hope  the  election  of  a  PeacH  candidate  ;  in  fact, 
like  Micawber,  they  hope  for  something  to  turn  up. 

Our  peace  friends,  if  they  expect  peace  from  separation, 
are  much  mistaken.  It  would  be  but  the  beginning  of  war, 
with  thousands  of  Northern  menjoiniug  the  South  because 
of  our  disgrace  in  allowing  separation.  To  have  '•  peace 
on  anv  terms,"  the  South  would  demand  the  restoration  of 
their  slaves  already  freed.  They  would  demand  indemnity 
for  losses  sustained,  and  they  would  demand  a  treaty 
which  would  make  the  North  slave  hunters  for  the  South. 
They  would  demand  pay  or  the  restoration  of  every  slave 
escaping  to  the  North. 

Yours  truly,  U.  S.  GRANT. 

Grant  and  Sherman  on  the  Draft. 

CITY  POINT,  September  13,  10. 30  A.  M. 
Hon.  EDWIN  M.  STANTON,  Secretary  r>f  War : 

We  ought  to  have  the  whole  number  of  men  called  for 
by  the  President  in  the  shortest  possible  time.  1  rompt 
action  in  filling  our  armies  will  have  mere  iMl'ert  uprn  the 
enemy  than  a  victory  over  them.  They  profess  to  believe, 
and  make  their  men  believe,  there  id  such  a  party  North 


APPENDIX. 


435 


in  favor  of  recognizing  Southern  independence  that  th« 
draft  cannot  be  enforced.  Let  them  be  undeceived.  De- 
sorters  come  into  our  lines  daily,  who  tfll  us  that  the  men 
arc  nearly  universally  tired  of  the  war,  and  that  desertions 
would  bo  much  more  frequent,  but  that  they  believe 
p* ace  will  be  negotiated  after  tlie  fall  election. 

The  enforcement  of  the  draft  and  prompt  filling  up  of 
our  armies  will  save  the  shedding  of  blood  to  an  immense 
degree.  U.  S.  GRANT, 

Lieutenant  General. 

ATLANTA,  GA.,  September  13,  6.  30  A.  M. 
Hon.  EDWIN  M.  STANTON,  Secretary  of  War: 

I  am  very  glad  to  hear  the  draft  will  be  enforced.  First 
we  need  the  men;  and  secondly,  they  come  as  privates  to 
fill  up  our  old  and  tried  regiments,  with  their  experienced 
officers  already  on  hand;  and  thirdly,  because  the  enforce 
ment  of  the  law  will  manifest  a  power  resident  in  our 
Government  equal  to  the  occasion. 

Our  Government,  though  a  democracy,  should,  in  times 
of  trouble  and  danger,  be  able  to  wield  the  power  of  a 
great  nation. 

All  is  well  here,  W.  T.  SHERMAN, 

Major  General. 

Unpublished  Letters  from    General 
Jackson. 

The  following  letters  of  President  Andrew 
Jackson,  which  have  never  before  been  pub 
lished,  have  been  handed  to  us  by  the  gentleman 
to  Vhom  they  were  written.  They  contain 
sentiments  and  advice  which  we  recommend 
to  all  who  love  the  Union  now. — N.  Y.  Post. 
WASHINGTON,  November  2, 1832. 

MY  DEAR  SIR:  I  have  just  received  your  letter  of  the 
31st  ultimo,  with  the  enclosure,  for  which  I  thank  you. 

I  am  well  advised  of  the  views  and  proceedings  of  the 
great  leading  riullifiers  of  the  South  in  my  native  State, 
(S.  C.,)  and  weep  for  its  fate,  and  over  the  delusion  into 
which  the  people  are  led  by  the  wickedness,  ambition,  and 
folly  of  their  leaders.  I  have  no  doubt  of  the  intention  of 
their  leaders,  first  to  alarm  the  other  States  to  submit  to 
their  views  rather  than  a  dissolution  of  the  Union  should 
take  place.  If  they  fail  in  this,  to  cover  their  own  disgrace 
and  wickedness,  to  nullify  the  tariif,  and  secede  from  the 
Union. 

We  are  wide  awake  here.  The  Union  will  be  preserved, 
rest  assured  of  this.  There  has  been  too  much  blood  and 
treasure  shed  lo  obtain  it,  to  let  it  be  surrendered  without 
a  struggle.  Our  liberty  and  that  of  the  whole  world  rests 
upon  it,  as  well  as  the  peace,  prosperity,  and  happi 
ness  of  these  United  States.  It  must  be  perpetuated.  I 
have  no  time  to  say  more.  My  health  is  good,  improved 
by  the  travel  With  a  tender  of  my  kind  salutations  to 
you  and  your  amiable  family,  I  am,  sincerely  your  friend, 
ANDREW  JACKSON. 

Col.  J.  A.  HAMILTON. 

WASHINGTON,  December  6,  1832. 

MY  DEAR  SIR  :  Yours  of  the  3d  instant  is  just  received. 
1  accord  with  you  fully  in  the  propriety  of  the  people  giv 
ing  fully  and  freely  their  sentiment  and  opinions  on  nulli 
fication,  and  the  course  pursued  by  South  Carolina  in  her 
late  proceedings. 

The  ordinance  passed,  when  taken  in  connection  with 
the  Governor's  Message,  is  rebellion  and  war  against  the 
Union.  The  raising  of  troops  under  them  to  resist  the 
laws  of  the  United  States  is  absolute  treason  The  crisis 
must  be.  and  as  far  as  my  constitutional  and  legal  powers 
go  will  be,  met  with  energy  and  firmness.  Therefore  the 
propriety  of  the  public  voice  being  heard,  and  it  ought  now 
to  be  spoken  in  a  voice  of  thunder  that  will  make  the 
leaders  of  the  nullifiers  tremble,  and  which  will  cause  the 
good  citizens  ol  South  Carolina  to  retrace  their  steps  and 
adhere  to  that  Constitution  of  perpetual  Union  they  have 
sworn  to  support.  This  treasonable  procedure  against 
the  Union  is  a  blow  against  not  only  our  liberties,  but  the 
liberties  of  the  world. 

This  nullifying  movement  in  the  South  has  done  us  great 
injury  abroad,  and  must  not  only  bo  promptly  met  and  put 
down,  but  frowned  down  by  public  opinion.  It  is  therefore 
highly  proper  for  the  people  to  speak  all  over  the  Union. 

1  am  preparing  a  proclamation  to  the  people  of  the  South , 
and  as  soon  as  officially  advised  of  these  rebellions  proceed 
ings,  will  make  a  communication  to  Congress  I  can  say  no 
more,  as  I  am  surrounded  at  present,  and  bid  you,  for  the 
present,  adieu.  ANDREW  JACKSON. 

Col.  J.  A.  HAMILTON. 


Constitutional  Convention. 

To  complete  the  record  on  pages  62,  64,  69,  70, 
and  294,  these  proceedings  should  be  inserted: 

FIRST  SESSION    THIRTY-SEVENTH    CONGRESS. 

1861,  August  5 — Pending  the  Engineer  bill 
in  the  Senate, 

Mr.  JOHNSON,  of  Missouri,  offered  this  sec 
tion: 

That  this  Congress  recommend  to  the  Governors  of  the 
several  States  to  convene  their  Legislatures,  for  the  purpose 
of  calling  an  election  to  select  two  delegates  from  each  Con 
gressional  District,  to  meet  in  general  convention,  in  Louis 
ville,  in  Kentucky,  on  the  first  Monday  in  September  next : 
the  purpose  of  the  said  convention  to  be  to  devise  measures 
for  the  restoration  of  peace  to  our  country. 

Which  was  rejected — yeas  9,  nays  29,  as  fol 
lows  : 

YEAS — Messrs.  Bayard,  Breclrinridge.  Bright,  Johnson  of 
Missouri,  Latham,  Pearce,  Polk,  Powell,  Saulsbury — 9. 

NAYS— Messrs.  Baker,  Browning,  Carlilf,  Chandler,  Clark, 
Collamer,  Cowan,  Dixon,  Doolittle,  Fcssenden,  Foot,  Foster, 
Grimes.  Harris,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kan 
sas,  McDougall,  Morrill,  Rice,  Sherman,  Sumner,  Ten  Eyck, 
Trumbull,  Wade,  Wilkinson,  Wilmot,  Wilson— 29. 


The  Reconstruction  of  States. 
LOUISIANA. 

MESSAGE    OF    GOVERNOR   HAHN. 

The  newly-elected  Legislature  of  Louisiana 
met  October  3,  1864,  and  the  Senate  was  or 
ganized  by  the  election  of  John  E.  Neellis  as 
Secretary,  and  John  T.  Wood  as  Sergeant-at- 
Arms. 

The  House  of  Representatives  elected  the 
following  officers:  Speaker,  S.  Belden;  Secre 
tary,  H.  C.  Westerfield  ;  Sergeant-at-Arms,  M. 
DeCoursey. 

On  the  6th,  Governor  Hahn  delivered  his  mes 
sage,  from  which  we  make  the  following  ex 
tracts  : 

The  unsettled  condition  of  the  country,  the  absence  or 
destruction  of  most  of  the  public  archives  and  various 
other  causes,  have  conspired  to  throw  much  difficulty  in  the 
way  of  a  full  organization  of  a  State  Government.  The 
want  of  a  Legislature,  and  the  sudden  uprooting  of  many 
important,  yet  unwise  and  illiberal  laws  and  institutions, 
by  military  orders,  rendered  it  extremely  difficult,  if  not 
impossible,  for  the  Executive  of  the  State  to  perform  his 
duties  satisfactorily  and  understandingly  to  the  public,  or 
to  properly  reconcile  and  harmonize  the  various  conflicting 
rules  of  government  and  interests  of  the  State.  I  was 
somewhat  aided  in  this  dilemma  by  the  President  of  the 
United  States,  who,  shortly  after  my  inauguration,  in 
vested  me,  without  any  solicitation  or  suggestion  on  my 
part,  "with  the  powers  exercised  hitherto  by  the  Military 
Governor  of  Louisiana."  Fortunately,  the  harmony  which 
has  characterized  the  intercourse  of  the  military  and  civil 
authorities  of  this  State  has  rendered  the  exercise  of  any 
such  powers  by  me  almost  unnecessary.  The  principal  sub 
ject  upon  which  1  have  used  these  powers  are,  the  appoint 
ment  of  public  officers,  the  payment  of  money  from  the 
State  Treasury  for  just  and  pressing  purposes,  and  after 
recommendation  from  proper  officers,  and  the  exercise  of 
executive  clemency.  As  1  said  in  my  inaugural  address, 
•' for  the  moment  civil  government  must  necessarily  har 
monize  with  military  administration  ;"  and,  while  we  re 
cognize  the  paramount  authority  of  the  military  power, 
we  should  not  forget  that  it  desires  to  surrender  as  speedily 
as  possible  the  power  to  the  people.  The  very  object  of 
the  army  of  the  United  States  in  remaining  here  is  to 
maintain  Louisiana  and  the  neighboring  States  in  the 
Union  ;  and  the  only  way  of  doing  this  is  to  disperse  and 
overthrow  those  who  pretend  to  set  up  a  rebel  government, 
and  to  guarantee  to  the  loyal  a  republican  form  of  State 
government. 

The  great  duty  of  the  Legislature  will  be  to  provide  a 
system  of  laws  applicable  to  the  new  condition  of  things 
consequent  upon  the  attempt  to  overthrow  the  Govern 
ment.  The  obliteration  of  an  interest  so  extended  as  that 
of  shivery  necessarily  makes  great  changes  in  the  events, 
opinions  and  business  of  the  people;  and  the  highest  pos 
sible  wisdom  is  required  to  adapt  the  State  to  its  new  con- 


436 


APPENDIX. 


dition.  The  change  from  servile  to  compensated  labor  re 
quires  OUTtfaL  liberal  and  humane  legislation,  in  order  to 
secure  the  rights  of  those  people  who  have  not  been  ac 
customed  to  provide  for  and  protect  themselves.  Inasmucl 
as  Louisiana  is  the  first  State  that  makes  this  change  upon 
an  extended  scale,  so  it  ought  to  ho  the  first  to  establish  a 
form  of  government  which  shall  meet  all  the  exigencies  o: 
the  case,  securing  to  the  public  the  products  upon  which 
the  wealth  of  the  State  and  people  depend,  and  to  laborers 
their  full  rights.  *  *  * 

Counsel  should  be  taken  and  suggestions  invited  from  in 
telligent  people  of  all  parts  of  the  world  upon  this  subject, 
and  such  system  established  as  will,  while  "it  will  meet  out 
\vants,  furnish  a  model  for  the  legislation  of  other  States 
It  need  not  be  executed  in  a  hurry  ;  the  subject  is  of  th_ 
highest  possible  importance,  and  should  be  dealt  with  in  a 
spirit  of  enlightened  liberality  and  humanity.  The  as 
sistauce  of  the  military  authorities  furnishes  an  immediate 
government,  but  another  system  must  be  established  ulti 
mately,  and  the  people  cannot  begin  too  soon  to  prepare. 
*  *  *  *  *  *  i 

According  to  law,  the  election  of  Presidential  electors  ib 
to  take  place  in  November.  I  know  of  no  reason  why  Lou 
isiana  should  not  participate  in  that  election  on  a  looting 
with  the  other  States.  She  has  forfeited  her  rights  undei 
no  Constitutional  provision  or  Congressional  statute.  She 
has  instituted  civil  rule,  and  has  a  loyal  State  Government, 
embracing  executive,  legislative,  and  judicial  branches:  all 
of  which  are  in  effective  operation.  In  the  attributes  of 
State  government,  she  stands  the  peer  of  the  loyal  States 
whose  soil  has  never  been  trodden  by  the  foot  of  rebellion, 
has  suffered  by  the  rebellion,  and  the  temporary  rule  of  the 
rebel  Confederacy  is  her  misfortune  ;  but  so  far  as  the  laws 
at  present  stand,  it  is  no  abridgement  of  the  rights  of  her 
loyal  citizens.  *  * 

Although  the  new  Constitution  has  fixed  the  term  of  the 
State  officers  at  four  years,  it  has  wisely  provided  that  the 
term  of  those  now  in  office  (who  were  elected  at  a  time 
when  many  parishes  could  not  participate  in  the  election) 
shall  expire,  at  an  early  day,  in  case  of  the  restoration  of 
peace  in  the  whole  State;  and  it  is  made  my  duty,  as  soon 
as  an  election  can  be  held  "in  every  parish  of  the  State," 
to  declare  the  fact  and  order  a  new  election.  I  need  hardly 
tell  you  that  I  shall  have  real  pleasure  when  this  event 
shall  be  at  hand.  "While  I  have  the  best  reasons  for  be 
lieving  that  tho  rebellion  is  now  almost  extinct  in  every 
portion  of  the  State,  and  that  only  scattered  fragments 
smoulder  in  insignificant  proportions  at  different  points, 
the  timo  so  anxiously  desin-.d  by  me  to  deliver  my  trust  has 
not  yet  come.  Let  us  hope  that  it  may  not  be  delayed 
many  months.  We  have  good  grounds  for  believing  that 
circumstances  will  soon  have  completely  changed,  so  that 
every  parish  will  have  returned  to  its  duty,  assisted  and 
protected  by  the  national  power,  and  the  whole  people  will 
exercise  their  right  to  elect  State  officers. 

LOUISIANA  UNITED  STATES  SENATORS. 
The  free  State  Legislature  of  Louisiana  has  chosen  Charles 
Smith,  of  the  parish  of  St.  Mary's,  a  United  States  Senator, 
rice  Judah  P.  Benjamin,  whose  time  expires  with  tho  en 
suing  session,  and  R.  K.  Cutler,  to  fill,  for  the  three  ensuing 
years,  the  seat  which  was  left  vacant  by  John  Slidell.  Mr. 
Smith  is  a  carpenter  by  trade.  He  has  been  Sheriff  of,  and 
is  now  the  State  Senator  from,  his  own  parish.  Mr.  Cutler 
is  a  leading  lawyer  of  New  Orleans,  and  has  filled  several 
important  posts  in  the  parish  of  Jefferson.  He  was  a  pro- 
miiient  member  of  the  Constitutional  Convention. 

TENNESSEE. 

1862,  March  3 — ANDREW  JOHNSON  wag  ap 
pointed  Military  Governor  of  Tennessee.  For 
form  of  appointment,  see  page  179. 

1803,  September  19 — The  PRESIDENT  gave 
him  this  further  direction  : 

Hon.  ANDREW  JOIINSOX,  Military  Governor  of  Tennessee: 

You  are  hereby  authorized  to  exercise  such  powers  as 
may  be  necessary  and  proper  to  enable  the  loyal  people  of 
Tennessee  to  present  such  a  republican  form  of  State  gov 
ernment  as  will  entitle  the  State  to  the  guarantee  of  the 
United  States  therefor,  and  to  be  protected,  under  such  State 
government,  by  the  United  States,  against  invasion  and 
domestic  violence.  All  according  to  tho  4th  section  of  the 
4th  article  of  the  Constitution  of  the  United  States. 

ABRAHAM  LINCOLN. 

1864,  September  SC^Gov.  JOHNSON  issued  a 
proclamation,  ordering  an  election  in  Tennes 
see  for  electors  for  President  and  Vice  Presi 
dent,  under  certain  regulations  and  restrictions, 
:vs  follows: 


PROCLAMATION    BY    THE    GOVERNOR. 
STATE  or  TENNESSEE,  EXECUTIVE  DEPARTMENT, 

NASHVILLE,  TEXN,  Kept.  30,  1 864. 

Whereas,  a  respectable  portion  of  the  loyal  people  of 
Tennessee,  representing  a  large  number  of  tho  counties  of 
the  State,  and  supposed  to  reflect  the  will  of  the  Union 
men  in  their  respective  counties,  recently  h"ld  a  convention 
in  the  city  of  Nashville,  in  which,  among  other  things 
touching  tho  reorganization  of  the  State,  they  with  great 
unanimity  adopted  the  following  resolutions; 

'2.  Resolved,  That  the  people  of  Tennessee  who  aro  now 
and  have  been  attached  to  the  National  Union  do  hold  an 
election  for  President  and  Vico  President  in  the  ensuing 
election  in  November. 

3.  Resolved,  That  the  electors  shall  be  the  following  and 
no  others ;  the  same  being  free  white  men,  twenty-one  years ol 
age,  citizens  of  the  United  States,  and  lor  six  months  pre 
vious  to  the  election  citizens  of  the  State  of  Tennessee  : 

1st.  All  who  have  voluntarily  borne  arms  in  the  service 
of  the  United  States  during  the  present  war,  and  who  are 
either  in  the  service  or  have  been  honorably  discharged. 

2.  All  the  known  active  friends  of  the  Government  of  the 
United  States  in  each  county. 

4.  Resolved,  That  the  citizen  electors  designated  in  the 
foregoing  resolutions  shall,  at  least  fifteen  days  before  the 
election,  register  their  names  with  an  agent  to  be  appointed 
for  that  purpose,  and  no  citizen  not  thus  registered  shall 
be  allowed  to  vote.     Such  registration  shall  be  open  to  the 
public  for  inspection,  and  to  be  executed  according  to  such 
regulations  as  may  hereafter  be  prescribed :  Provided,  that 
the  officers  of  election,  in  tho  discharge  of  their  duty,  may 
reject  any  party  so  registered  on  proof  of  disloyalty. 

5.  Resolved,  That,  as  means  for  ascertaining  tho  qualifi 
cations  of  the  voters,  tho  registrars  and  officers  holding  the 
election  may  examine  the  parties  on  oath  touching  any 
matter  of  fact.     And  each  voter,  before  depositing  his  vote 
shall  be  required  to  take  and  subscribe  the  following  oath, 
viz  : 

I  solemnly  swear  that  I  will  henceforth  support  the 
Constitution  of  the  United  States,  and  defend  it  against  the 
assaults  of  all  enemies;  that  I  am  an  active  friend  of  the 
Government  of  the  United  States,  and  the  enemy  of  the 
so-called  Confederate  States;  that  I  ardently  desire  the 
suppression  of  the  present  rebellion  against  the  Govern 
ment  of  the  United  States;  that  I  sincerely  rejoice  in  the 
triumph  of  the  armies  and  navies  of  the  United  States, 
and  in  the  defeat  and  overthrow  of  the  armies,  navies,  and 
of  all  armed  combinations  in  the  interest  of  the  so-called 
Confederate  States ;  that  I  will  cordially  oppose  all  armis 
tices  or  negotiations  for  peace  with  rebels  in  arms,  until 
the  Constitution  of  the  United  States,  and  all  laws  and  pro 
clamations  made  in  pursuance  thereof,  shall  be  established 
over  all  the  people  of  every  State  and  Territory  embraced 
within  the  National  Union, and  that  I  will  heartily  aid  and 
assist  the  loyal  people  in  whatever  measures  may  be  adopt 
ed  for  the  attainment  of  these  ends ;  and  further,  that  I 
take  this  oath  freely  and  voluntarily,  and  without  mental 
reservation.  So  help  me  God. 

Said  oath  being  prima  facie  evidence,  subject  to  be  dis 
approved  by  other  testimony. 

(5.  Resolved,  That  the  polls  be  opened  at  the  county  seat, 
or  some  other  suitable  place  in  each  county,  and  the  ballot- 
box  be  so  guarded  and  protected  as  to  secure  to  electors  a 
free,  fair,  and  impartial  election,  and  that  polls  also  be 
opened  for  the  convenience  of  the  soldiers,  at  such  places 
as  may  be  accessible  to  them. 

And  whereas,  it  further  appears  from  the  proceedings  of 
s;ii<l  Convention,  "That  the  Military  Governor  of  the  State 
f  Tennessee  is  requested  to  execute  tho  foregoing  resolu 
tions  in  such  manner  as  he  may  think  best  subserves  the 

tcrests  of  the  Government:" 

And  whereas,  I,  Andrew  Johnson,  Military  Governor  of 
the  State  of  Tennessee,  being  anxious  to  co-operate  with  the 
;oyal  people  of  the  State,  and  to  encourage  them  in  all 
laudable  efforts  to  restore  the  State  to  law  and  order  again, 
and  to  secure  the  ballot-box  against  the  contamination  of 
treason  by  every  reasonable  restraint  that  can  be  thrown 
iround  it*  I  do  therefore  order  and  direct  that  an  election 
for  President  and  Vice  President  of  the  United  Suites  of 
America  be  opened  and  held  at  the  county  scat,  or  othe-r 
suitable  place,  in  every  county  in  the  State  of  Tennessee,, 
pon  the  first  Tuesday  after  tho  first  Monday  in  the  month  ' 
of  November  next,  at  which  all  citizens  and  soldiers,  being 
ree  white  naen,  twenty-one  years  of  age,  citizens  of  the 
United  States,  and  for  six  months  prior  to  the  election  citi 
zens  of  the  State  of  Tennessee,  who  have  qualified  them 
selves  by  registration,  and  who  take  the  oath  prescribed  in 
he  foregoing  resolutions,  shall  be  entitled  to  vote,  unless 
:aid  oath  shall  be  disapproved  by  other  testimony,  for  the 
Candidates  for  President  and  Vice  President  of  the  United 
Suites. 

And  to  the  end  that  the  foregoing  resolutions,  which  are 
nade  part  of  this  proclamation,  may  be  faithfully  executed , 


APPENDIX. 


437 


and  the  loyal  citizens  of  the  State,  and  none  others,  be  per 
mitted  to  exercise  the  right  of  suffrage,  I  do  hereby  ap 
point  the  several  gentlemen  whose  names  are  affixed  to 
this  proclamation  to  aid  in  said  election,  and  superintend 
the  registration  of  the  loyal  voters  in  their  respective 
counties,  as  provided  by  the  fourth  re-olution  above  quoted. 

But  as  the  day  of  election  is  near  at  hand,  and  there  may 
be  a  difficulty  in  completing  the  registration  within  the 
time  limited,  it  is  not  intended  that  the  registration  be  an 
indispensable  prerequisite  to  the-  qualification  of  the  voter; 
and  in  such  cases,  where  it  is  impracticable,  and  where  the 
voter  is  of  known  and  established  loyalty,  ho  shall  be  en 
titled  to  vote,  notwithstanding  he  may  not  have  registered 
his  iiiime  as  required  by  the  foregoing  resolution. 

The  election  shall  be  opened,  conducted,  returns  made, 
Ac.,  in  all  respects  as  provided  by  the  4th  chapter  of  the 
"Code  of  Tennessee/' except  so  far  as  the  same  is  modified 
by  this  proclamation. 

But  in  cases  where  the  County  Court  fail  or  neglect  to 
appoint  inspectors  or  judges  of  election,  and  there  is  no 
sheriff  or  other  civil  officer  in  the  county  qualified  by  law 
to  open  and  hold  said  election,  the  registrating  agents 
hereto  appended  may  act  in  his  stead,  and  in  all  respects 
discharge  the  duties  imposed  in  such  cases  upon  sheriffs. 

In  like  manner  it  is  declared  the  duty  of  the  military 
officers  commanding  Tennessee  regiments,  battalions,  or 
detached  squads,  and  surgeons  in  charge  of  the  hospitals  of 
Tennessee  soldiers,  to  open  and  hold  elections  on  the  day 
aforesaid,  under  the  same  rules  and  regulations  hereinbe 
fore  prescribed,  and  at  such  suitable  places  as  will  be  con 
venient  to  the  soldiers,  who  are  hereby  declared  entitled 
to  vote  without  oath  or  registration. 

In  testimony  whereof,  I,  Andrew  Johnson,  Military  Gov 
ernor  of  the  State  of  Tennessee,  do  hereunto  set  my  hand, 
and  have  caused  the  Great  Seal  of  the  State  to  be  affixed  at 
this  Department,  on  the  30th  day  of  September,  A.  D.  1864. 

By  the  Governor:  ANDREW  JOHNSON.  [L.  s.] 

Attest :  EDWAHD  H.  EAST,  Secretary  of  State. 

EAST  TENNESSEE   COUNTIES. 

Anderson — John  Leinart,  Henry  Holloway,  John  Baker. 

Bledsoe — William  Foster,  Frank  Bridgeman. 

Blount — Horace  Foster,  Stephen  Matins,  James  Henry, 
Jr. 

Bradley— K.  Clingam,  W.  R.  Davis,  John  McPherson,  A. 
J.  McCaullie. 

Campbell— John  Preston,  Reuben  Rogers,  Pryor  Perkins. 

Carter— Pleasant  Williams,  (of  Stony  Creek,)  Elijah  Sim- 
erly,  Jones  Smith. 

Uaiborne— Canady  Rodgers,  William  D.  Eppes,  Ferney 
Jones. 

Cocke— Jacob  Reagan,  Andrew  Huff,  Lt.  Worthington, 
Sheriff  Smith. 

Cumberland— James  Hamby,  Thomas  B.  Swan,  James  H. 
Qamby. 

Featress — Henry  Williams,  Dr.  J.  D.  Hale,  David  Baty 
Rufus  Dowdy. 

Granger — John  F.  Nov,  Anderson  Acuff,  M.  Goldman. 

Greene— R.  C.  Carter,  Calvin  Smith,  Anderson  W.  Wal 
ker,  James  II.  Reeves. 

Hancock— William  Gilbert,  Elbert  Campbell,  Isaac  Camp 
bell,  Capt.  Lewis  Jarvis. 

Hamilton— Col.  C.  C.  McCaleb,  Abe  Pearson,  Wash  Ev 
ans. 

Hawkins — William  D.  Kanuer,  B.  G.  Wetherland  W.  W 
Willis. 

Jellcrson— J.  Duffell  Rankin,  Press  Swaun,  Wm.  Harris 
Dufi'G.  Thornburgh. 

Johnson— Col.  R.  R.  Butler,  Col.  Sam  Howard,  Col.  James 
Grayson. 

Knox— Capt.  Thos.  fctepheus,  Andrew  L.  Kuott,  William 
Ilofner,  Samuel  McCammon. 

Marion— Alexander  Kellay,  Robert  Ralston,  Pleasant 
Pryor,  Wm.  Pryor,  Esq. 

McMi.in — James  M.  Henderson,  John  Me G  W 

Ross,  F.  B.  McEhvee. 

Meigs— Wm.  Adams,  F.  J.  Mathis,  Col.  A.  Cox,  Robert 
Allen,  James  Gettys. 

Monroe— Joseph  Divine,  Henry  Duggan,  Daniel  Heiskell. 

Morgan— James  Langley,  Sr.,  James  Langlev,  Jr.,  S.  C. 
Ilunuycutt. 

Overtoil— Robert  Smith,  Anderson  Winham,  George  W. 
Bowman,  Ellison  Gussett. 

Polk— Gen.  James  Gamble,    Col.  John  Elliot,  Charles 

Rhea— Capt.  J.  B.  Walker,  William  H.  Lowe,  Samuel 
Lowe. 

Roano— Joe  D.  Turner,  Win.  Lowery,  Wm.  M.  Alexander, 
J.  Christopher  Abies,  Allen  Robb,  Sam.  L.  Childress. 

fecott— B.ihe  Putram,  Craven  Duncan,  James  Lay. 

Sevier— Colonel  Wm.  Pickens,  Reuben  Hines,  David  Mc- 
(-roskey,  Lemuel  Duggan. 

Sulliviin— E.  A.  Millard,  Wm.  Mullenox,  Esq.,  Enoch 
Shipley. 


Union — James  "W.  Turner,  John  Bayless,  Calvin  Monroe. 

Washington — Calvin  Hoss,  John  Muhoney,  B.  F.  Swin 
gle. 

Sequatchie — Washington  Kurd,  Daniel  McWilliams,  B.  F. 
Smith. 

MIDDLE  TENNESSEE  COUNTIES. 

Bedford— Joseph  Thompson.  Richard  Phillips,  William  T. 
Tune,  Robert  T.  Cannon. 

Cannon— Hiram  Morris,  William  Barten. 

Cheatham — Warren  Jordan. 

Coffee — John  F.  Thomas. 

Davidson — John  Carpet,  Charles  Sayers,  General  J.  Stub- 
blefield,  James  Warren,  T.  J.  Yarbrough,  L.  D.  Wheeler, 
P.  T.  Phillips.  J.  B.  Canneld,  James  Davis,  W.  W.  Garrett. 

DeKalb— William  Hathaway,  William  Blackburn,  Andrew 
J.  Garrison. 

Dickson— Marsh  Binkley. 

Franklin— 

Giles-^J.  C.  Walker,  Edward  W.  Rose,  J.  W.  A^ley,  R.  J. 
Gordon. 

Grundy— William  McCran,  John  Myes. 

Hickman — 

Humphreys — William  McKimmons,  Wilkins  Waggoner, 
David  R.  Owen,  J.  S.  Spaue,  T.  J.  Winfrey,  Mr.  Thomas. 

Jackson— James  McKinney,  John  Gillem,  Allen  Davis. 

Lawrence — 

Lewis- 
Lincoln — J.  II.  Fulgham,  James  J.  Kirkpatrick. 

Macon — Pleasant  Chitwood,  L.  S.  Clements,  George  W. 
Clements. 

Marshall— A.  A.  Steele. 

Maury — W.  W.  Jones,  John  D.  Moore,  John  II.  Camp 
bell. 

Montgomery— 0.  M.  Blackman,  Caleb  Jones,  D.  S.  Nye, 
Isah  Barbee,  Thomas  F.  Betters,  George  Hampton. 

Berry— W.  0.  Britt,  F.  M.  Brasher,  Jackson  Taylor,  J.  S. 
Webb,  A.  H.  Eathers. 

Putman — .Joseph  Rhea  McColet. 

Robertson— B.  F.  Aurt,  Wiley  Woodward.  Joseph  Starks. 

Rutherford — Edward  Jordan,  William  Spence,  William 
C.  Burt,  James  H.  Carlton. 

Smith — John  W.  Boweu,  Asberry  Griffin,  Francis  M.  Mc- 
Kee. 

Sumner — 

Stewart — 

Van  Buren — 

Warren— Samuel  Henderson,  Dr.  J.  B.  Armstrong,  Sam 
uel  L.  Colville,  Miles  Bonner. 

White — Edward  D.  Pennington,  Alexander  Payne,  James 
Cotey. 

Williamson— A.  W.  Moss,  William  P.  Campbell,  Franklin 
Hardeman,  William  S.  Campbell. 

Wilson— William  Waters,  William  J.  Waters. 

Wayne — Theodore  II.  Gibbs,  James  Dougherty,  F.  Hall, 
Jasper  Lypert,  John  Stamps. 

WEST  TENNESSEE  COUNTIES. 

Benton— David  Brewer,  Allen  Bearsons,  David  Little, 
Abraham  Gussett,  Samuel  Tippett. 

Carroll— Young  W.  Allen,  John  Wood,  John  Norman, 
Lucian  Hawkins,  Isaac  Bouch. 

Dyer— William  Wesson. 

Decatur — John  Stegall,  Simon  Boninan,  G.Meuzies,  Jaiues 
Roberts,  W.  H.  Johnson. 

Fayette— 

Gibson — 

Ilaywood — 

Henderson — Robert  Kizer,  James  Hart,  James  Smith. 

Himleinan— 

Henry— Anderson ,  Dr.  J.  W.  Mathewson,  Charles 

White.  Temple  Cowan. 

Hardin— Thomas  Maxwell,  Michell  Hood,  Bailey  Hin- 
kell. 

Lauderdale — 

Madison— T.  Skurlock. 

McNairy — William  Suayne,  John  Barnes, Gregg. 

Obion— Dr.  S.  R.  Cliapin. 

Shelby— J.  B.  Bingham,  G.  B.  Ware,  A.  Gregg. 

Tiptoii — 

Weakley— J.  W.  Hays,  William  Bell. 

EXTRACTS    FROM    THE    CODE    OP    TENNESSEE. 
CHAPTER  4. 

Of  the  Electors  of  President  and  Vice  President. 

913.  Each  congressional  district  shall  be  an  electoral  dis 
trict,  and  one  Elector  shall  reside  in  each  of  said  districts. 

014.  There  shall  be  two  Electors  for  the  State  who  may 
reside  in  any  part  of  the  State. 

915.  Any  citizen  qualified  by  law  to  vote  for  members  of 
the  General  Assembly  may  vote  for  the  whole  number  of 
Electors. 

916.  Said  qualified  voters  shall  meet  at  the  places  ap- 
I  pointed  by  law  for  holding  elections  in  every  county,  on  the 


438 


APPENDIX. 


first  Tuesday  next  after  the  first  Monday  in  the  month  of  [  as  to  make  the  same  conform  to  his  own  edict  as  set  forth 
November,  in  the  years  in  which  the  President  and  Vice  j  in  the  proclamation  aforesaid.  He  assumes  so  to  modify 
President  are  to  be  elected,  and  to  vote  for  a  number  of  i  our  law  as  to  admit  persons  to  vote  at  the  said  election 
Electors  equal  to  the  whole  number  of  Senators  and  Rep-  who  are  not  entitled  to  vote  under  the  law  and  the  cousti- 
resentatives  to  which  the  State  is  entitled  in  Congress.  tution  of  Tennessee.  Instance  this:  our  constitution  and 

917.  The  officer  or  person  holding  the  election  shall  ad-  law  require  that  each  voter  shall  be  '-a  citizen  of  the  cmt.ity 
vertise  at  tho  court-house  in  every  county,  and  in  every  wherein  he  may  offer  his  vote  for  six  mouths  next  pm:><liiu; 
civil  district  of  the  county,  the  day  on  which  said  election  the  day  ot  election;''  while  the  Governor's  urdcronly  n-quirc* 


shall  take  place,  at  least  sixty  days  before  the  time  of  hold 
ing  it, 

918.  The  county  court  of  every  county  shall  appoint 
judges  for  every  place  of  voting  in  the  county,  all  of  whom 
shall   be  sworn   to  conduct  said  election  in   the  manner 
prescribed  for  electing  members  of  the  General  Assembly. 

919.  If  the  county  court  neglect  to  appoint  judges  of  the 
said  elections,  or  those  appointed  refuse  to  act,  the  officer 
holding  the  election  shall  appoint  judges  out  of  the  by 
standers  to  hold  the  same. 

920.  [Of  clerks  and  their  qualifications.] 

921.  The  election  shall  be  conducted  in  the  manner  pre 
scribed  for  electing  members  of  the  General  Assembly. 

[The  other  sections  of  this  chapter  prescribe  rules  con 
cerning  the  comparison  of  polls,  statements  of  same,  re 
turns,  comparisons  of  returns,  proceedings  of  Electors, 
vacancy,  time  of  meeting  to  vote,  certificate  of  voting,  mes 
senger,  certificate  by  mail,  list  of  electors,  and  penalties  on 
officers.] 

Qualification  of  Voters  for  Members  of  the  General  Assembly 
referred  to  in  Sec.  915  above. 

"  Every  free  white  man  of  the  age  of  twenty-one  years, 
being  a  citizen  of  the  United  States,  and  a  citizen  of  the 
county  where  he  may  offer  his  vote,  six  months  next  pre 
ceding  the  day  of  election,  shall  be  entitled  to  vote  for 
members  of  the  General  Assembly." — Code,  Sec.  833,  and 
Const,  of  Tenn.,  Art.  4,  Sec.  1. 

Places  of  Holding  elections,  referred  to  in  Sec.  916  above. 

"The  places  of  holding  elections  shall  be  in  each  civil 
district,  at  some  convenient  locality,  to  be  designated  by 
the  county  court  at  least  six  months  before  the  election, 
and  entered  on  record." — Code  837. 

KXTRACTS  FROM  CODE. — ART  VI. 

Officers  of  Popular  Elections,  referred  to  in  Sec.  917  above. 
839.  The  sheriff,  or,  if  he  is  a  candidate,  the  coroner,  or 
if  there  be  no  coroner,  some  person  appointed  by  the  county 
court,  shall  hold  all  popular  elections;  and  said  officer  or 
person  shall  appoint  a  sufficient  number  of  deputies  to  hold 
said  elections. 

841.  The  county  court,  at  the  session  next  preceding  the 
day  of  election,  shall  appoint  three  inspectors  or  judges 
for  each  voting  place,  to  superintend  the  election. 

842.  If  the  county  court  fail  to  make  the  appointment, 
or  any  person  appointed  refuse  to  serve,  the  sheriff,  with 
the  advice  of  three  justices,  or,  if  none  be  present,  three 
respectable  freeholders,  shall,  before  the  beginning  of  the 
election,  appoint  said  inspectors  or  judges. 

843.  If  the  sheriff  or  other  officer  whose  duty  it  is  to 
attend  at  a  particular  place  of  voting  under  the  foregoing 
provisions  fail  to  attend,  any  justice  of  tho  peace  present, 
or,  if  no  justice  of  the  peace  be  present,  any  three  free 
holders,  may  perform  the  duties  prescribed  by  the  preceding 
sections,  or  in  case  of  necessity  may  act  as  officers  or  in 
spectors. 

PROTEST    AGAINST    THE    PROCLAMATION. 

1864,  October  15 — JOHN  LELLYETT,  Esq.,  of 
Nashville,  presented  to  the  PRESIDENT  this  pro 
test: 

To  his  Excellency  Abraham  Lincoln, 

Preside.nt  of  the  United  States: 

SIR:  The  undersigned,  loyal  citizens  of  the  United  States 
and  of  the  State  of  Tennessee,  on  our  own  behalf  and  on 
behalf  of  the  loyal  people  of  our  State,  ask  leave  to 
submit  this  protest  against  the  proclamation  of  his  Excel 
lency,  Andrew  Johnson,  Military  Governor,  ordering  an 
election  to  be  held  for  President  and  Vice  President,  under 
certain  regulations  and  restrictions  therein  set  forth.  A 
printed  copy  of  said  proclamation  is  herewith  enclosed. 

The  Constitution  of  the  United  States  provides  that 
"  estch  State  shall  appoint,  in  such  manner  as  the.  Legislature 
thereof  nuy  direct,  a  number  of  electors,"  Ac.  Under  this 
provision  of  the  Federal  Constitution,  the  Legislature  of 


•  nessee,  years  before  tb,e  present  rebellion,  prescribed  the 
mode  of  election  to  be  observed,  which  will  be  found  to 
differ  essentially  from  the  mode  prescribed  by  the  Military 
Governor.  We  herewith  enclose  a  copy  of  the  law  of  Ten 
nessee  governing  the  holding  of  said  election. 

Th?  Military  Governor  expressly  assumes,  by  virtue  of 
authority  derived  from  the  President,  so  to  alter  and  amend 
the  election  law  of  Tennessee,  (enacted  under  authority  of 
the  Constitution  of  the  United  States,  as  above  set  forth,) 


that  he  shall  (with  other  qualifications  named,  !»<•"  a  '  iti/>  a 
of  Tennessee  for  six  mouths,  &c.  This  provision  would  ad 
mit  to  vote  many  pel-sons  not  entitled  bv  law. 

Wo  will,  for  tlio  sale.1  ot  brevity,  pass  over  some  l?ss  im 
portant  points  of  conflict  betwweu  the  proclamation  and 
the  law,  but  will  instance  in  this  place  another.  By  our 
law  it  is  provided  that  the  polls  shall  bj  opened  in  every 
civil  district  in  each  county  iu  the  .State;  but  the  prorla- 
inatiou  provides  only  for  their  being  opened  atone  place  in 
each  oounty.  This  provision  would  pu'  it  out  of  th-j  power 
of  many  legal  voters  to  exercise  the  elective  franchise. 

We  solemnly  protest  against  these  infringements  of  our 
law,  conflicting  as  they  do  with  the  very  letter  of  the  Fed 
eral  Constitution,  because  they  are  without  authority,  and 
because  they  will  prevent  a  free,  fair,  and  true  expression 
of  the  will  of  the  loyal  people  of  Tennessee. 

But  we  protest  still  more  emphatically  af-ainst  the  most 
unusual  and  impracticable  test  oath  which  it  is  proposed  to 
require  of  all  citizen  voters  in  Tennessee. 

[fbo  oath  is  as  follows  :  "  I  solemnly  swear  that  I  will 
henceforth  support  the  Constitution  of  the  United  States, 
and  defend  it  against  the  assaults  cf  all  enemies  :  t'.iat  I 
am  an  active  friend  of  the  Government  of  the  United  Suites, 
and  the.  enemy  of  the  so-called  Confederate  States;  that  I 
ardently  desire  the  suppression  of  the  present  rebellion 
against  the  Government  of  the  United  States ;  that  I  s  n- 
cerely  rejoice  in  the  triumph  of  tho  armies  of  the  United 
States,  and  in  the  defeat  and  overthrow  of  the  armies,  na 
vies,  and  of  all  armed  combinations  in  the  interest  ot  the 
so-called  Confederate  States ;  that  I  will  cordially  ojypoi-enll 
armistices  or  negotiations  for  peace  with  rebels  in  arms, 
until  the  Constitution  of  the  United  States,  and  all  laws  and 
proclamations  made  in  pursuance  thereof,  shall  beestablished 
over  all  the  people  of  every  State  and  Territory  embraced 
within  the  national  Union,  and  that  I  will  heartily  aid  and 
assist  the  loyal  people  in  whatever  measures  may  be  adopted 
for  the  attainment  of  these  ends  ;  and  further,  that  I  take 
this  oath  freely  and  voluntarily  and  without  mental  reser 
vation.  So  help  me  God."] 

A  citizen,  qualified  to  vote,  and  whose  loyalty  cannot  be 
'•disproved  by  other  testimony,"  is  to  be  required  to  swear, 
first,  that  he  "will  henceforth  support  the  Constitution  of 
the  United  States,  and  defend  it  against  all  enemies."  This 
obligation  we  are  willing  to  renew  daily.  But  this  is  not 
yet  deemed  a  sufficient  test  of  loyalty.  He  is  required  to 
make  oath  and  subscribe  to  a  nioas  of  vain  repetitions  con 
cerning  his  activity  as  a  friend  of  the  Union  and  the  enemy 
of  its  enemies — concerning  his  desires,  his  hopes,  and  fears 
— and  that  he  finds  it  in  his  heart  to  rejoice  over  the  scenes 
of  blood  and  of  wounds,  of  anguish  and  death,  wherein 
his  friends,  his  kindred,  his  loved  ones  arc  slain,  or  maimed, 
or  made  prisoners  of  war — whereby  the  land  of  his  birth  or 
adoption  is  made  desolate,  and  lamentation  and  mourning 
are  spread  over  the  whole  nation.  While  all  the  civili/.--! 
world  stands  aghast  in  contemplation  of  the  unequalled 
horrors  of  our  tremendous  strife,  the  citizen  of  Tennessee 
is  called  upon  by  her  Military  Governor,  under  your  au 
thority,  to  swear  that  in  these  things  he  finds  occasion  to- 
njoice!  As  if  this  were  still  not  enough,  the  citizen  is  fur 
ther  required  to  swear  to  the  indefinite  prol  mgation  of  this 
war,  as  follows:  "That  I  will  cordially  oppose  all  armistices 
or  nef/otiatiotis  for  peace  with  reMs  in  arms  until  the  Con 
stitution  of  the  United  States,  and  all  laws  and  proclama 
tions  made  in  pursuance  thereof,  shall  be  established  over 
all  the  people  of  every  State  and  Territory  embraced  within 
the  National  Union  ;"  until  (in  brief)  the  war  shall  be  at 
an  end.  Now,  we  freely  avow  to  your  Excellency,  and  to 
the  world,  that  we  earnestly  desire  tho  return  of  peace  and 
good  will  to  our  now  unhappy  country;  that  we  seek 
neither  pleasure,  profit,  nor  honor  in  the  perpetuation  of 
war;  that  we  should  feel  hound  as  Christians,  as  patriots,  and 
as  civilized  men — that  we  are  bound  by  the  oaths  we  have 
taken — to  countenance  and  encourage  any  negotiations 
which  may  be  entered  into  by  the  proper  authorities  with 
the  intent  to  res  ton  peace  and  union  under  the  Constitu 
tion  we  have  sworn  to  support  and  defend.  We  should  be 
traitors  to  our  country,  false  to  our  oaths — false,  indeed,  to 
the  primary  clause  of  the  oath  wo  are  now  discussing,  to 
oppose  such  negotiations.  We  cannot  consent  to  swear  at 
tho  ballot-box  a  war  of  extermination  against  our  country 
men  and  kindred,  or  to  prolong  by  our  opposition,  for  a 
single  day  after  it  can  bo  brought  to  an  honorable  and  law 
ful  conclusion,  a  contest  the  most  sanguinary  and  ruinous 
that  has  scourged  mankind. 

You  will  not  have  forgotten  that  in  the  month  of  July 
last  you  issued  the  folio wiug  proclamation: 


APPENDIX. 


439 


EXECUTIVE  MANSION, 

WASHINGTON,  July  18,  1864. 
To  whom  it  may  concern : 

Any  proposition  which  embraces  the  restoration  of  peace, 
tin-  uiu^ntv  oi  tin;  whole  Union,  uncl  the  abandonment  ol 
clavery.  and  which  comes  by  and  with  au  authority  that 
can  cuutrol  the  armies  now  at  war  against  the  United 
States,  w,U  be  received  and  considered  by  the  Executive 
Uovornmviit  ol  the  United  States,  and  will  be  met  by  lib 
eral  terms  on  other  substantial  and  collateral  points,  and 
the  bearer  or  bearers  thereof  shall  have  sale  conduct  both 
ways.  ABRAHAM  LINCOLN. 

This  is  certainly  a  proposition  to  treat  with  rebels  in 
arms— with  their  chiefs.  Are  we  now  to  understand  by 
this  proclamation  of  one  acting  under  your  authority,  and 
himself  a  candidate  with  you  for  the  second  office,  that- 
even  the  above  proposition  is  withdrawn — that  you  will 
heuceiorUi  have  no  negotiations  upon  any  terms  but  unre 
lenting  war  to  the  bitter  end?  Or  are  we  to  understand 
that  while  you  hold  this  proposition  open,  or  yourself  free 
to  act  a-i  your  judgment  may  dictate,  we,  the  citizens  of 
Tennessee, shall  swear  to  OPPOSE  your  negotiations? 

lu  the  next  breath,  the  voter  who  has  already  been  thus 
lar  qualified  is  required  to  swear  that  he  will  "  heartily 
a;d  and  assist  the  loyal  people  in  whatever  measures  miy 
te  adopted  1-n  the iittainment  of  these  ends."  Adopted  by 
whom?  The  oath  does  not  say.  We  cannot  tell  what 
measures  may  be  adopted.  We  cannot  comment  upon  the 
absurdity  of  the  obligation  here  imposed  without  danger 
of  departing  from  that  respectful  propriety  of  language 
which  we  desire  to  observe  in  addressing  the  Chief  Magis 
trate  of  the  American  people.  But  this  is  the  clause  of  an 
oath  which  the  candidate  for  the  Vice  Presidency  requires 
at  the  lips  of  the  loyal  and  qualified  voters  of  Tennessee, 
before  these  citizens  shall  be  allowed  to  vote  for  or  against 
you  and  himsilt  at  the  coming  election  ! 

For  these  reasons,  and  others  which,  for  the  sake  of 
brevity,  wo  omit,  we  solemnly  protest  against  the  inter 
ference  of  the  Military  Governor  with  the  freedom  of  the 
e.ective  franchise  in  Tennessee.  We  deny  his  authority  and 
yours  to  alter,  amend,  or  annul  any  law  of  Tennessee.  We 
demand  that  Tennessee  be  allowed  to  appoint  her  electors 
as  expressly  provided  by  the  Federal  Constitution,  which 
you  have  sworn  to  support,  protect,  and  defend,  in  the  man 
ner  which  the  Legislature  thereof  has  prescribed.  And  to 
that  ond  wo  respectfully  demand  of  you,  as  the  principal 
under  whose  authority  this  order  has  been  issued,  that  the 
same  shall  be  revoked.  We  ask  that  all  military  inter 
ference  shall  be  withdrawn  so  far  as  to  allow  to  the  loyal 
men  of  Tennessee  a  full  and  free  election.  By  the  loyal 
men  of  Tennessee  we  mean  those  who  have  not  participated 
in  the  rebellion,  or  given  it  aid  and  comfort;  or  who  may 
have  complied  with  such  terms  of  amnesty  as  have  beeu 
ottered  them  under  your  authority. 

On  the  8th  day  of  December,  1863,  you,  as  President, 
issued  a  proclamation  declaring  that  "  a  full  pardon  is 
hereby  granted,"  "  with  restoration  of  all  rights  of  pro 
perty,"  &c.,  to  each  of  our  citizens  having  participated, 
directly  or  by  implication,  in  the  existing  rebellion,  (with 
certain  exceptions,)  "  upon  the  condition  that  every  such 
person  shall  take  and  subscribe  an  oath,  and  thenceforward 
keep  anil  maintain  said  oath  inviolate."  And  it  is  further 
provided  in  the  proclamation  aforesaid  that  in  the  contin 
gency  of  the  reorganization  of  a  State  Government  in  Ten 
nessee,  or  certain  other  States  named,  the  persons  having 
taken  the  oath  referred  to,  being  otherwise  qualified  by  the 
election  law  of  the  State,  shall  be  entitled  to  vote.  The 
undersigned  would  state  that  many  ot  our  citizens  have 
complied  in  good  faith  with  the  terms  of  amnesty  proposed 
in  your  proclamation  aforesaid,  and  are,  therefore,  by 
reason  of  the  lull  pardon  granted  them,  fully  entitled  to 
vote  and  exercise  all  other  rights  belonging  to  loyal  citi 
zens,  without  let  or  hindrance;  and  we  respectfully  appeal 
to  you,  as  President  of  the  United  States,  to  make  good  your 
promise  of  pardon  to  these  citizens  by  the  removal  of  all 
other  and  further  hindrance  to  their  exercise  of  the  elective 
franchise. 

But  it  it  b«c  claimed  upon  the  plea  of  military  necessity 
that  guards  and  restrictions  shall  be  thrown  around  the 
ballot-box  in  Tennessee,  wo  still  ask  the  withdrawal  of  the 
proclamation  of  the  Military  Governor,  because  the  con 
ditions  thereby  imposed  upon  the  loyal  men  of  Tennessee  as 
a  qualification  for  voters  are  irrelevant,  unreasonable,  and 
not  in  any  sense  a  test  of  loyalty.  But  they  pledge  the 
citizen  to  oppose  the  lawful  authorities  in  the  discharge  of 
their  duty.  '1  he  oath  required  is  only  calculated  to  keep  legal 
and  rightful  voters  from  the  polls.  We  suggest  that  no 
oath  be  required  but  such  as  is  proscrioed  by  law.  Our 
people  will  not  hesitate,  however,  to  take  the  usual  oath  of 
loyalty— for  example,  in  the  language  of  the  primary  clause 
of  the  oath  in  question :  "That  I  will  henceforth  support 
the  Constitution  of  the  United  States,  and  defend  it  against 
ti»e  assaults  of  its  enemies."  Denying  your  right  to  make 


any  departure  from  the  law  in  the  case,  we  shall,  however, 
f -el  no  hardship  in  this. 

The  Convention  to  whi  -h  Gov.  Johnson  refers  was  a  mere 
partisan  meeting,  having  no  authority,  and  not  represent 
ing  the  loyal  men  of  Tennessee  in  any  sense. 

The  names  of  the  signers  of  this  pretest  have  been  placed 
before  the  people  of  Tennessee  as  candidates  for  electors, 
who,  if  chosen,  are  expected  to  cast  the  electoral  voice  of 
Tennessee  for  George  B.  McClellan  forPresident  and  George 
II.  Pendleton  lor  Vice-President.  By  virtue  of  such  posi 
tion  it  becomes  our  province  especially  to  appear  before 
you  in  the  attitude  we  do.  We  are  aware  that  grave  ques 
tions  may  arise,  in  any  event,  with  regard  to  the  regularity 
of  the  vote  of  Tennessee,  in  consequence  of  the  partially 
disorganized  condition  of  the  State.  The  friends  of  your 
re-election,  however,  announced  an  electoral  ticket,  and  the 
public  became  aware  that  preparations  were  being  made  for 
the  holding  of  the  election,  leaving  that  matter  no  longer  a 
question.  Some  time  thereafter  our  electoral  ticket  was 
placed  before  the  public,  and  within  a  few  days  followed 
the  proclamation  complained  of.  We,  for  ourselves  and 
those  we  represent,  are  willing  to  leave  all  questions  in 
volving  the  right  of  Tennessee  to  participate  in  the  election 
to  the  decision  of  competent  authority. 

WM.  B.  CAMPBELL,  of  Wilson  county. 

THOS.  A.  R.  NELSON,  of  Washington  co. 
For  the  State  at  large, 

JAS.  T.  P.  CARTER,  of  Carter  county. 

JOHN  WILLIAMS,  of  Kuox  county. 

A.  BLIZARD,  of  McMiun  county. 

HENRY  COOPER,  of  Bedford  county. 

BAILIE  PEYTON,  of  Sumner  county. 

JOHN  LELLYETT,  of  Davidson  county. 

EM.  ETHERIDGE.  of  Weakly  county. 

JOHN  D.  FERRYMAN,  of  Shelby  county. 
For  the  Districts. 

After  the  foregoing  paper  had  been  read,  a 
brief  colloquy  ensued  between  the  President 
and  Mr.  Lellyett,  as  described  in  the  following 
communication  : 

WASHINGTON,  October  15, 1864. 
To  the  Editors  of  the  National  Intelligencer  : 

L  called  upon  the  President  to-day,  and  presented  and 
read  to  him  the  above  protest.  Having  concluded,  Mr. 
Lincoln  responded  :  "  May  I  inquire  how  long  it  took  yon 
and  the  New  York  politicians  to  concoct  that  paper?" 

I  replied:  "It  was  concocted  in  Nashville,  without  com 
munication  with  any  but  Tennesseans.  We  communicated 
with  citizens  of  Tennessee  outside  of  Nashville,  but  not 
with  New  York  politicians." 

•'  I  will  answer,"  said  Mr.  Lincoln,  emphatically,  "that  I 
expect  to  let  the  friends  of  George  B.  McClellan  manage 
their  side  of  this  contest  in  their  own  way,  and  I  will  man 
age  my  side  of  it  in  my  way." 

"  May  we  ask  an  answer  in  writing  ?"  I  suggested. 
"Not  now.  Lay  those  papers  down  here.  I  will  give  no 
other  answer  now.  I  may  or  may  not  write  something 
about  this  hereafter.  I  understand  this.  I  know  you  in 
tend  to  make  a  point  of  this.  But  go  ahead.  You  have 
my  answer." 

"Your  answer  then,  is,  that  you  expect  to  let  General 
McClellan's  friends  manage  their  side  of  this  rontest  in 
their  own  way,  and  you  will  manage  your  side  of  it  in  your 
way?" 
"  Yes." 

I  then  thanked  the  President  for  his  courtesy  in  giving 
us  a  hearing  at  all,  and  took  my  leave. 

Judge  Mason  of  this  city  was  present  at  the  interview, 
to  whom  I  refer  in  regard  to  the  correctness  of  this  report. 
On  stepping  outside  the  door  of  the  Executive  Mansion  I 
muiediatcly  wrote  down  the  President's  emphatic  response, 
and  submitted  it  to  Judge  Mason  and  another  gentleman 
who  happened  to  be  present,  and  they  both  pronounced  it 
accurate. 

And  now  I  have  a  word  to  say  to  the  people  of  the 
United  States,  who  are  or  ought  to  be  the  masters  of  Abra 
ham  Lincoln.  The  paper  w:hich  I  had  the  honor  to  present 
to  the  President  is  not  the  "concoction  of  New  York  poli 
ticians,"  however  that  might  aflbct  its  merits.  It  is  the 
solemn  voice  of  a  once  free  and  prou.l  people,  protesting 
against  their  own  disfranchisement  by  the  agent  of  Abra 
ham  Lincoln.  It  is  the  voice  of  those  loyal  men  in  Tennes 
see  who  have  borne  the  reproach  of  a  people  they  still 
loved  supporting  the  President  in  all  lawful  efforts  to  pre 
serve  the  Union.  The  reward  of  our  loyalty  is  disfranchise 
ment.  The  cup  of  perjury  is  commended  to  our  lips  be 
cause  it  is  known  that  we  wil  not  touch  its  conteuts. 
Judg.^  ye  between  the  people  of  Tennessee  and  Abraham 
Lincoln.  It  may  be  meet  that  our  solemn  and  respectful 
appeal  should  be  thrown  aside  with  a  contemptuous  eneer. 
Look  to  it.  If  you,  the  people  of  the  Northern  States, 
shall  sustain  this  act  of  tyranny,  your  own  time  will  soon 


440 


APPENDIX. 


come.  If  the  President  of  the  United  States  may  «  man- 
ago  his  side  of  this  contest"  by  setting  aside  the  very  letter 
ol  the  Constitution  and  altering  the  elective  laws  of  the 
States,  so  as  to  disfranchise  his  opponents,  liberty  is  already 
dead.  JOHN  LELLYETT. 

The  Hon.  Charles  Mason,  having  accompanied  Mr.  Lell- 
yett  in  his  visit  to  the  President,  and  having  been  present 
at  tins  interview  accorded  to  Mr.  Lellyett,  has  been  called 
by  the  latter  in  the  following  note  to  authenticate  his  re 
port  of  the  conversation  had  with  the  President.  The  reply 
of  Mr.  Mas  >n  is  also  appended  : 

WASHINGTON.  Oct.  15, 1804. 
Hon.  CHAS.  MASOW  : 

DEAR  SIR  :  I  submit  to  your  inspection  what  I  have  writ- 
ton  in  reference  to  my  interview  with  the  P.esident  to-day, 
and  will  ask  you  to  state  if  you  regard  the  same  as  an  ac 
curate  report.  Respectful  I  v, 

JOHN  LELLYETT. 

WASHINGTON-,  Oct.  15, 1864. 
JOHN  LKLLYCTT,  Esq. : 

DEAR  SIR:  In  compliance  with  the  request  in  your  note 
of  this  day,  I  have  only  to  say  that  I  was  present  at  the  in 
terview  referred  to.  You  statement  of  what  took  place  is 
substantially  correct;  and  on  all  material  points  I  believe 
it  literally  so.  Yours,  truly, 

CHAS.  MASOX. 
[For  President  LINCOLN'S  reply  see  page  425.] 

REPLY    OF    THE    PROTESTANTS. 
To  ABRAHAM  LINCOLN,  President  of  the  United  States: 

SIR  :  Your  letter  in  reply  to  the  Tennessee  Protest  has 
reached  us,  and  has  no  doubt  been  read  by  the  people.  The 
argument  on  this  subject  is  nearly  exhausted,  but  we  have 
some  additional  and  most  important  facts  to  submit  to  the 
people,  in  further  elucidation  of  the  subject. 

Our  wonder  is  not  excited  to  learn  that  you  had  not  seen 
the  proclamation  of  Governor  Johnson,  and  scarcely  heard 
of  it  until  presented  by  us.  It  is  an  evil  of  no  small  mag 
nitude,  connected  with  your  Administration,  that  military 
subordinates  assume  despotic  powers  without  asking  the 
sanction  of  their  superiors — even  presuming  to  give  law  to 
the  people  by  proclamation  and  to  repeal  and  modify  out 
laws  at  will.  The  idea  that  the  President  himself  can  make, 
or  repeal,  or  modify  a  law  of  the  laud,  State  or  national, 
constitutional  or  statutory,  though  freely  practiced  upon 
by  yourself,  is  a  doctrine  of  despotism  'in  "  irrepressible 
conflict "  with  the  principles  of  public  liberty.  And  when 
these  things  are  done  by  subordinates,  the  evil  becomes  in 
tolerably  oppressive,  and  calls  for  the  firmest  and  most 
/.ctive  lawful  resistance  which  a  people  deserving  to  be  free 
jan  offer. 

You  tell  us  that  "  the  movement  set  on  foot  by  the  con 
vention  and  Governor  Johnson  does  not,  as  seems  to  be  as 
sumed  by  you,  emuniita  from  the  National  Executive." 
What  we  did  assume  is,  that  the  plan  was  promulgated  by 
proclamation  of  the  Military  Governor,  who  has  no  authority 
but  that  derived  directly  from  you,  and  it  wns  given  the 
force  of  law  by  his  edict.  It  thus  became  indirectly  your 
act ;  and  now  that  you  decline  to  order  the  edict  to  be  re 
called  or  modified,  it  becomes  your  own  as  fully  as  it'it  had 
emanated  from  you.  "  In  no  proper  sense,"  you  say,  ''can 
it  be  considered  other  than  an  independent  movement  of  at 
least  a  portion  of  the  loyal  people  of  Tennessee.''  Inde 
pendent  of  what?  Manifestly  independent  of  all  lawful 
authority — independent  of  and  at  war  with  the  Federal 
Constitution,  which  you  have  both  sworn  to  support,  pro 
tect,  and  defend.  What  right  has  a  citizen  or  otticor  to  fa- 
Tor  an  "independent  movement''  at  variance  with  the 
Constitution,  and  support  the  same  by  force  of  arms  ?  What 
less  is  this  than  waging  war  against  the  Constitution  of  the 
United  States  and  the  Government  established  thereby? 
"An  independent  movement"  against  the  Constitution,  sup 
ported  by  a  Military  Governor  by  force  of  arms!  recom 
mended  by  'Ui  assembly  calling  itself  a  convention! 

Such  in  principle  wen;  the  ''independent  movements"  of 
goTcrnors  and  "portions  of  the  people''  which  set  at  first 
in  motion  the  great  rebellion  in  the  South  with  which  we 
are  contending.  The  "convention"  calls  upon  a  Military 
Governor  to  order  an  "independent  movement"  to  help 
your  re-election,  and  to  support  it  by  force  of  arms,  placing 
••guards"  around  the  ballot-box.  And  their  recommenda 
tion  is  adopted  by  the  Military  Governor  and  "  made  ''  by 
him  '  part  of  this  proclamation.''  And  yet  you  say,  "  I  do 
not  perceive  jn  the  plan  any  menace  of  coercion  or  Violence 
toward  any  one.''  Just  so  with  the  earlier  '•  independent 
movement"  of  Governor  Harris  in  this  State,  which  we 
opposed  a-s  we  oppose  tma.  There  was  m>  menace  of  coer 
cion  or  violence  toward  any  who  should  consent  to  see  the 
Constitution  violated  and  the '-political  plan  "carried  out 
without  opposition  But  the  bajonet  was  kept  in  view,  as 
it  is  in  this  case.  Public  meetings  were  menaced,  and 
perhaps  broken  up  by  armed  t'orw*.  And  so  it  is  now. 


Those  opposed  to  the  "  independent  movement"  were  de 
nounced  as  traitors,  and  so  they  arc  now.  Troops  from 
our  own  and  from  other  States  were  used  to  ovenwe  the 
people,  and  so  they  are  now.  We  had  vigilance  oamiuittees 
ami  mob  violence  then.  We  have  now  secret  leagues,  and 
are  liable  at  any  time  to  arbitrary  arrest,  as  well  as  to  mob 
violence,  which  is  now  used  in  our  midst. 

Those  are  general  facts,  in  support  of  which  we  add  the 
following  specifications : 

AVe  have  held  a  number  of  peaceable  and  loyal  public 
meetings  in  this  city,  more  than  one  of  which  haa  been 
"menaced "  by  your  partisans.  On  the  21st  instant  such  a 
meeting  was  held  at  the  court-house  in  this  city.  It  was 
held  "  peacefully"  and  conducted  "loyally,"  the  assembly 
con-isting  chiefly  of  the  "  friends  of  George  B.  McClcllau'' 
A  number  of  provost  guards  were  present,  by  request  of 
those  who  conducted  the  meeting,  to  preserve  order.  The 
meeting  had  been  addressed  by  a  gentleman  who  is  an  exile 
from  his  home  because  of  his  loyalty,  and  who  has  spent 
much  time  in  the  military  service*  of  the  Government 
during  the  war.  One  of  the  undersigned,  a  McClellan 
Elector,  [Hon.  Bailie  Peyton,]  had  taken  the  stand  to  ad 
dress  the  meeting,  when  the  hall  was  suddenly  entered  by 
a  large  party  of  soldiers,  and  the  meeting  violently  broken 
up.  These  men  rushed  in  with  guns  and  drawn  pistols, 
crying  "Disperse  you  d — d  rebels  and  traitors,"  extinguish 
ing  the  lights  and  driving  the  people  from  the  hall. 

We  specify  further  that  on  the  25th  instant,  the  rioters, 
thirty  In  number,  published  a  card  in  the  "Nashville 
Time.'!,"  the  organ  in  this  city  of  Governor  Johnson,  to 
which  they  appended  their  names,  as  "all  members  of 
Company  D.  1st  Tennessee  Li^ht  Artillery."  This  company 
was  raised  and  its  officers  appointed  (as  we  understand) 
under  the  superintendence  of  Governor  Johnson.  The 
rioters  speak  thus  in  their  card :  "  Neither  Governor  John- 
son,  nor  any  other  individual  outside  of  the  men  who  were 
active  participants,  knew  anything  of  our  intentions  till  the 
affair  was  over.  Some  colored  men  may  have  followe  I  u*, 
but  we  knew  nothing  of  them."  "  We  do  not  fear  a  court- 
martial,"  thry  defiantly  add,  "and  therefore  cheerfully 
giv«  our  names  as  loyal  and  Union-loving  soldiers." 

We  specify  further  that  on  the  evening  of  the  24th  inst., 
only  three  days  after  the  McClellan  meeting  was  broken 
up,  our  streets  were  paraded  by  an  immense  procession  of 
negroes  bearing  torches  and  transparencies,  with  such  in 
scriptions  on  the  latter  as  "Lincoln  and  Johnson,"  "Liberty 
or  Death."  Some  disorders  occurre  I  in  connection  with 
this  demonstration,  and  shots  were  freely  fired  by  the  ne 
groes — some  at  a  window  where  white  persons  were  stand 
ing,  and  some  at  persons  on  the  streets.  One  of  the  latter 
(an  employe  of  the  Government)  was  dangerously  if  not 
mortally  wounded,  and  it  was  thought  others  were  hit.  In 
the  course  of  these  orgies  the  procession  waited  on  Gov 
ernor  Andrew  Johnson,  at  the  Capitol,  and  ho  delivered  to 
the  negro  assembly  an  address.  A  report  of  his  speech  was 
published  and  re-published  in  his  organ,  the  '"Times,"  and 
from  that  report  we  take  the  following  extract.  Governor 
Johnson  says : 

"  I  speak  to-night  as  a  citizen  of  Tennessee.  I  am  here 
on  my  own  soil  and  mean  to  remain  here,  and  fight  this  great 
battle  of  freedom  through  to  the  end.  Loyal  men  from  this 
day  forward  are  to  be  the  controllers  of  Tennessee' s grand  and 
sruLiME  destiny,  and  REBELS  MUST  BE  DCMB.  We  will  not 
listen  to  their  counsels.  NASHVILLE  is  NO  LONGER  THE  PLACE 
FOR  THEM  TO  HOLD  THEIR  MEETINGS.  LET  THEM  GATHER  THEIR 
TREASONABLE  CONCLAVES  ELSEWHERE — AMONG  THEIR  FRIENDS 
IN  THE  CONFEDERACY.  THEY  SHALL  NOT  HOLD  THEIR  CONSPIR 
ACIES  IN  NASHVILLE." 

The  language  of  the  rioters,  "  Disperse  REBELS  and  TRAI 
TORS,"  and  the  common  application  of  such  terms  of  abuse 
and  terror  to  the  friends  of  General  McClellan  here,  do  not 
admit  of  our  ignoring  the  meaning  of  Governor  Johnson 
in  the  language  quoted.  The  allusion  is  evidently  to  the 
riotous  dispersion  of  our  meeting  three  evenings  previous. 
He  also  seems  to  adopt  your  idea,  that  as  a  citizen  of  Ten 
nessee  he  '-has  the  right  to  favor  any  political  plan  he 
chooses."  And  he  unmistakably  evinces  his  determination 
to  ';  manage"  his  "siWe  of  his  contest  in  his  own  way." 

"Governor  Johnson,"  you  say,  "like  any  other  loyal  citi 
zen,  has  a  right  to  favor  any  political  plan  ho  chooses. " 
We  do  not  so  read  the  duty  of  the  citizen.  Some  of  the 
political  plans  of  our  day  are  devised  to  overturn  the  Con 
stitution  and  Government  of  the  United  States — and  this  is 
one  of  them.  The  Southern  rebellion  is  another.  Neither 
the  citizen  nor  Governor  Johnson  has  a  right  to  favor  such 
plans,  unless  it  be  upon  the  principle  advanced  by  you  as 
a  member  of  Congress,  that  "any  people,  any  where,  being 
inclined,  and  having  the  power,  have  the  right"  to  revolu 
tionize  their  Government;  that  "this  i«  a  most  valuable,  a 
most  sacred  right."  We  shall  despair  of  the  republic  if 
these  principles  of  anarchy,  as  embodied  in  you,  shall  be  •> 
adopted  by  the  people  in  your  re-election. 

In  the  face  of  th«  reign  of  terror  which  has  been  estab 
lished  in  Tennessee  under  the  eyes  of  Governor  Johnson, 


APPENDIX. 


441 


you  say  to  us :  "  Do  as  you  please  on  your  own  account, 
peacefully  and  loyally,  and  Governor  Johnson  will  not  mo- 
l.-st  ynii.  but  will  protect  you  against  violence  as  far  as  is 
in  hfs  power."  If  you  mean  that  Governor  Johnson  will 
allow  us  to  stay  aw.iy  from  the  polls  without  molestation, 
we  trust  there  is  some  truth  in  your  assurance.  But  if 
you  mean  to  suggest  that  we  hold  separate  elections  '•  on 
our  own  account,"  and  to  assure  us  that  we  shall  not  be 
m ;>lested  but  protected  in  such  a  "movement,"  wo  know 
by  experience,  and  by  the  facts  above  set  forth,  that  your 
assunuice  is  a  cruel  mockery.  We  will  not  advise  our  cit 
izens  to  put  in  jeopardy  their  lives  in  going  through  the 
farce  you  propose,  of  holding  an  election  under  the  laws 
at  one  ballot-box,  while  Governor  Johnson  holds  an  elec 
tion  under  his  "  plan  "  at  another.  Too  many  unoffending 
citizens  have  already  been  murdered  in  our  streets  by  ne 
gro  soldiers — too  many  reputable  women  have  been  in 
sulted  by  them.  We  do  not  wish  to  provoke  further  out 
rage.  There  will  be  no  election  for  President  in  Tennes 
see  in  1864.  You  and  Governor  Johnson  nv.iy  "  manage 
your  side  of  it  in  your  own  way,''  but  it  will  be  no 
election.  P 

After  consultation  with  our  friends,  therefore,  in  different 
paivs  of  the  State,  and  having  communicated  with  nearly 
all  of  our  colleagues,  we  respectfully  announce  to  the  peo 
ple  of  Tennessee  that  in  view  of  what  is  set  forth  above- 
in  view  of  thef.ict  that  our  people  are  overawed  by  military 
power,  the  laws  set  aside  and  violated  with  impunity— anil 
in  view  of  the  f;:ct  that  we  have  appealed  in  vain  to  the 
President  whose  duty  it  is  '•  to  see  that  the  laws  be  faith 
fully  executed,"  and  that  those  who  act  by  his  authority 
shall  hold  sacred  the  liberties  of  the  people:  in  view  of 
these  things  we  announce  that  the  McClellan  Electoral  ' 
Ticket  in  Tennessee  is  withdrawn. 

W.  B.  CAMPBELL,  of  Wilson  Co. 

BAILIE  PEYTON,  of  Sumncr  Co. 

JOHN  LELLYETT,  of  Davidson  Co. 
NASHVILLE,  October  29, 1864. 


Suppression  of  Newspapers— (See  pp. 

188.  194.) 

Below  is  a  i  ewspaper  report  of  a  trial  in  Oc 
tober,  1804,  growing  out  of  the  suppression  of 
a  n  \vs[).-iper  in  Pennsylvania  : 

L"NIT::D  STATES  CIRCUIT  COURT— Judges  Grier  and  Cad- 
walader. — Win.  II.  Hodgson  vs.  Win.  Mill  ward,  United 
States  Marshal.  This  is  an  action  to  recover  damages 
alleged  to  have  been  sustained  by  the  plaintiff  by  reason  of 
the  seizure  of  the  presses,  type,  paper,  and  other  printing 
material  used  in  the  publication  of  the  newspaper  known 
as  the  Jcffersonian,  published  at  West  Chester,  in  this 
State.  The  seizure  was  made  on  the  23d  of  August,  1801, 
by  the  marshal's  deputies,  Messrs.  Jenkins  and  Schuyler. 
The  office  was  closed,  and  plaintiff  alleges  that  he  was  de 
prived  of  the  use  of  his  property,  and  thereby  compelled  to 
suspend  the  issue  of  his  paper  until  the  14th  of  October, 
1801,  to  his  great  loss  and  damage,  and  for  which  he  now 
seeks  to  recover.  Tho  authority  for  the  seizure,  and  upon 
which  the  defendant  relies  as  his  defence,  was  the  following 
warrant  issued  by  the  then  United  States  District  Attorney, 
Geo.  A.  Coffey,  Esq.,  who  claimed  to  have  issued  the  same 
by  direction  of  the  Secretary  of  War  at  Washington : 
EASTERN  DISTRICT  OF  PENNSYLVANIA, 

OFFICE  U.  S.  ATTORNEY. 
To  WM.  MILLWARD,  Marshal : 

According  to  tho  provisions  of  the  act  of  6th  of  August, 
1861, 1  hereby  request  you  to  seize  upon  all  copies  of  the 
Jeffertoidan  newspaper,  published  in  the  borough  of  West 
Chester,  Chester  County,  Pennsylvania,  as  well  as  all  pro 
perty  of  every  kind  whatsoever  used  in  and  about  the  pub 
lication  of  said  newspaper  that  may  be  found  in  your  baili 
wick,  lor  condemnation  and  confiscation  according  to  law, 
t  being  authorized  by  the  President  of  the  United  States 
GEORGE  A.  COFFEY,  United  State*  Attorney. 

PHILADELPHIA,  23c/  August,  1861. 

Tho  case  was  tried  before  Chief  Justice  Lowrie,  in  the 
Supremo  Court  at  Nisi  Prius,  in  February  last,  and  was 
prosecuted  to  judgment,  but  subsequently,  under  the  pro 
visions)  of  t!ie  act  of  Congress  of  March  3d,  1860,  entitled 
''an  act  rotating  to  habeas  cm-pus  cases,  and  for  other  pur 
poses,"  tho  record  of  tho  proceedings  in  the  nisi  print  was 
removed  into  this  court,  where  yesterday  it  came  up  for 
trial  de  «oro. 

The  evidence  offered  to  the  court  and  jury  was  mainly 
that  adduced  upon  the  former  trial,  and  at  that  time  re- 
ducnd  to  writing.  The  defence  set  up  that  the  order  of 
District  Attorney  Coffey  to  seize  the  property  was  a  justi 
fication,  and  as  the  act  of  Congress  authorized  the  Pn-sidcnt 
to  direct  such  seizure,  the  jury,  if  they  found  that  Mr.  Cof-  i 
Ply  lid  receive  such  instructions,  and  in  turn  issued  his  j 


order  to  Mr.  Mill  ward,  the  verdict  should  be  for  the  de 
fendants. 

Defendant's  points,  on  which  tho  court  was  requested  to 
charge,  were  as  follows: 

1.  That  by  the  third  section  of  the  act  of  Congress  of 
August  6,  lUOl,  the  District  Attorney  of  the  Eastern  l;is- 
trict  of  the.1  United  States  is  authorized  to  institute  prov  cod 
ings  for  the  confiscation  and  condemnation  of  any  prop:.-,  ty 
within  the  said  district,  of  the  character  described  in  the 
first  section  of  the  act,  and  that  for  this  purpose  the  said 
District  Attorney  had  authority  to  direct  the  seizure  of 
such  property  so  found,  preparatory  to  filing  an  information 
in  and  issuing  an  attachment  from  the  proper  court,  arid 
that  his  order  to  the  marshal  of  the  district  to  seize  1  ho 
Jeffersonian  printing-press,  and  other  materials,  followed 
up  as  it  was  by  the  proceedings  in  the  courts  of  the  United 
States,  is  a  legal  justification  of  the  marshal  and  his  dep 
uties  for  such  seizure. 

If  the  court  should  decline  to  affirm  the  foregoing  propo 
sition,  then  it  is  respectfully  requested  to  charge: 

I.  That  if  the  jury  find  from  the  evidence  that  the  order 
from  the  District  Attorney  to  the  marshal  was  issued  under 
the  authority  of  the  President  of  the  United  States,  then 
the  said  order  is  a  justification  to  the  marshal  and  his  de 
puties  for  the  seizure  complained  of  in  this  suit. 

II.  That  after  the  information  was  filed  in  the  District 
Court  of  the  United  States,  and  the  attachment  was  issued 
therefrom  and  the  property  attached,  it  was  in  the  custody 
of  the  law,  and  the  marshal  was  in  nowise  liable  for  dam 
ages  for  its  detention,  and  that  the  plaintiff  can  only  re 
cover  for  the  taking  and  detention  of  the  property  from  the 
23d  of  August  to  the  12th  of  September,  a  period  of  twenty 
days. 

III.  That  the  measure  of  damages  in  this  case  is  the  act 
ual  pecuniary  loss  which  the  plaintiff  sustained  by  reason 
of  the  possession  of  his  printing  establishment  having  been 
taken   by  the  marshal  ;md  continued  for  the  period  of 
twenty  days,  and  that  there  is  no  evidence  in  the  cause 
which  would  justify  the  jury  in  giving  vindictive  damages. 

JUDGE  GRIER'S  CHAUGE. 

GENTLEMEN  OF  THE  JURY  :  After  the  elaborate  arguments 
of  counsel,  it  is  not  necessary  to  say  much  about  the  facts 
of  this  case.  It  is  your  province  to  deal  with  the  facts. 
You  are  the  sole  judges  of  them,  and  are  to  apply  to  them 
the  principles  of  law  that  will  be  laid  down  bv  the  court. 


You  are  not  to  decide  the  law.  That  is  for  the  court.  You 
must  take  care  not  to  let  party  feeling  or  passion  influence 
you.  You  must  hear  the  small  as  well  as  the  great.  While 
you  may  recollect  that  this  was  done  in  times  of  great  ex 
citement,  yet  that  a  trespass,  and  a  gross  one.  has  been 
committed,  it  is  not  denied.  It  is  a  fact,  to  be  sure,  for  you, 
but  it  is  not  denied  that  property  of  the  plaintiff  was 
taken.  If  so,  have  the  defendants  made  out  a  justifica 
tion  ? 

The  court  instruct  you,  they  have  not.  The  marshal 
cannot  plead  the  order  of  the  Attorney  General  or  his 
deputy.  This  is  not  a  justification.  If  a  marshal  arrests 
A  when  told  to  arrest  B,  it  is  no  defence  that  he  had  a, 
right  to  arrest  B. 

The  marshal  would  have  had  a  right  to  seize  for  condem 
nation  the  kind  of  property  specified  in  the  act  of  Congress 
of  the  6th  of  August,  1861,  without  the  order  of  the  Dis 
trict  Attorney.  But  this  act  had  nothing  to  do  with  the 
liberty  of  the  press.  It  never  gave  authority  for  such  a 
seizure  as  the  present  one. 

The  order  of  the  District  Attorney  that  has  been  shown 
here  was  no  more  of  a  justification  to  the  marshal  than  if 
issued  by  any  one  now  in  the  court-house. 

The  District  Attorney  had  no  right  to  make  such  an  order. 
You  may  arrest  a  man  tor  murder  without  warrant,  but  you 
show  the  man  committed  the  felony ;  otherwise  it  is  no  de 
fence  to  an  action  of  trespass. 

It  the  property,  then,  was  within  the  meaning  of  the  act 
of  Congress,  the  seizure  was  justifiable;  if  not,  the  marshal 
is  liable  in  damages.  Certain  points,  or  prayers  for  instruc 
tion  on  the  law,  have  been  submitted  to  me  by  the  deiendr- 
ants,  which  I  will  now  proceed  to  answer: 

I.  The  first  point,  to  a  certain  extent,  is  true.  The  Dis 
trict  Attorney  might  advise  the  issuing  of  an  attachment, 
and  seize  property  that  was  liable  under  the  act  of  Con 
gress.  But  it  is  not  the  law  that  this  order  of  the  District 
Attorney  was  a  justification  of  tlu;  marshal  in  this  case. 
The  marshal  could  act,  if  the  property  was  liable  to  seizure 
as  well  without  the  order  of  the  District  Attorney  as  wita 
it.  If  the  court  had  decided  that  the  property  was  liable 
the  marshal  would  have  been  justified.  But'  if  the  court 
had  decided  the  property  was  not  properly  seized,  then  the 
seizure  was  unlawful  and  it  was  trespass',  and  the  marshal 
was  liable.  There  is  not  even  a  certificate  as  to  probablo 
cause  for  seizure.  But  I  say  nothing  on  this  head  for  it 
docs  not  appear  that  it  was  asked,  or  that  it  was  a  case  for 
it.  No  attempt,  however,  was  made  at  the  hearing  of  the 
information  in  the  circuit  court  to  show  any  cause.  It  was 


442 


APPEN7DIX. 


clear  that  the  act  of  Congress  did  not  apply.    There  was  | 
no  law  forbidding  this  man,  the  plaintiff,  to  write  against  j 
the  war.     I  doubt  whether  any  act  of  Congress  could  have  ' 
prevented  a  man  giving  his  opinions  candidly  againut  the 
war.     He  had  a  right  to  write  and  to  print.    The  order  of 
the  District  Attorney  makes  the  case  no  better.     He  had 
no  right  to  issue  the  order.    The  marshal  had  no  right  to 
obey  it.     Jt  was  no  warrant.     If  the  marshal  had  consulted 
counsel,  counsel  would  have  told  him  he  was  not  to  ohey 
such  an  order.    I  doubt  any  counsel  could  have  been  found 
who  would  have  advised  ohedieuce  to  such  an  order. 

II.  In  answer  to  the  second  point,  I  say  there  is  no  com 
petent  evidence  of  any  authority  from  the  President  or  any 
of  his  Cabinet,  and  if  there  had  been  it  would  make  the 
case  no  hotter.    If  there  had  been  a  proceeding  in  court, 
and  a  seizure  under  protest,  it  would  have  protected  the 
officer.     But  the  marshal  or  sheriff  cannot  justify  under  an 
order  like  this. 

III.  As  to  the  third  point,  I  instruct  you  on  the  question 
of  damages  that  the  jury  should  give  full  compensatory 
damages  for  all  the  loss  that  has  accrued  to  the  plaintiff. 
But   the   damages   should   not  be  vindictive   or  punitive. 
There  is  no  evidence  that  the  marshal  acted  from  malice,  or 
was  influenced  by  political  feeling,  or  committed  any  ex 
cess.    There  is  some  evidence  that  the  District  Attorney 
did  this  to  gratify  some  people  out  of  doors.     He  is  not, 
however,  here  to  answer,  and  this  is  not  irnputable   to  the 
marshal.     But,  for  the  purpose  of  vindicating  public  justice 
when  an  officer  of  the  law  commits  an  act  almost  without 
a  pretence  of  authority,  the  damages  should  be  exemplary 
to  vindicate  the  outraged  law,  that  men  in  authority  may 
he   careful   how   they  trespass  on    the  rights   of  citizens. 
There  is  a  difference  in  this  respect  hetween  the  case  of  a 
public  officer  and  a  private  person,  no  mutter  how  high  the 
public  officer — even  the  President  or  one  of  his  Secretaries. 
The  marshal  is  here  liable  for  the  whole  time  the  property 
w; i a  detained.    He  is  liable  for  all  the  damages  from  the 
beginning  to  the  end.     The  decree  of  this  court  was  con 
clusive  against  him.     I  have  thus  laid  down  the  principles) 
of  law  which  are  to  guide  you,  and  it  will  be  for  you  to 
iipply  them  to  the  facts  of  the  cause. 

The  jury  was  out  about  twenty  hours,  and 
returned  a  verdict,  for  the  plaintiff  for  $504  23. 
George  W.  Biddle  and  Wm.  B.  Reed  for  plain- 
tilf ;  John  C.  Knox  and  David  Webster  for  de 
fendant. 

Colored  Persons  as  Witnesses. 

To  complete  the  record  on  pages  242,  243,  it 
should  be  stated  that  these  proceedings  were 
prior  to  those  there  recorded : 

Pending  the  emancipation  bill  for  the  District  of  Colum 
bia.  Second  Session  of  Thirty-Seventh  Congress,  in  Senate. 

186.-,  April  o — MR  SCMNER,  moved  to  amend  Section  7,  by 
adding  the  words  :  "  without  the  exclusion  of  any  witness 
on  account  of  color;'' which  was  agreed  to,  yeas  20,  nays 
y,  as  follows: 

YEAS — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Col- 
lamer,  Dixon,  Doolittle,  l-'esseuden,  Foster,  Grimes,  Harris, 
Howard,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas. 
Mori  ill,  Pomeroy,Sum..er.Ten  KycU,  Trumbull,  Wade,  Wil- 
kiitNon.  Wiluiot,  Wilson  of  Mass.— : 6. 

NAYS — Messrs.  Bdyard,  Carlile,  Davis,  Kennedy .  Nesmith, 
Powell,  Saulsbury,  Willey,  Wilson  of  Missouri,  Wright. — 9. 

There  was  no  separate  vote  in  the  House  on 
this  proposition. 

Connected  with  this  subject,  as  stated  on 
page  243,  is  the  following  opinion  of  Judge 
John  C.  Underwood,  of  the  United  States  Dis 
trict  Court  for  the  Eastern  District  of  Virginia, 
delivered  at  the  late  term  : 

[From  the  Alexandria,  Ya.,  State  Journal.'] 
United  States  District  Court,  District  of  Virginia,  in  the 
matter  of  the  petition  of  Israel  Dorsey,  a  citizen  of  Massa 
chusetts. 

The  use  of  the  courts  of  the  country,  and  the  right  to 
give  testimony  in  them  c.re. privileges  so  fundamental  and 
important  to  the  security  of  personal  and  domestic  peace, 
as  to  make  their  denial  one  of  the  greatest  wrongs,  next  to 
slavery  itself,  which  can  be  inflicted  on  a  human  being. 

If  the  denial  is  permitted  the  victim  may  be  robbed 
upon  the  highway,  his  house  burned  over  his  head,  his  wife 
or  child  ravished  or  murdered  before  his  eyes  without  rem 
edy  or  redivss.  We  see.  therefore,  that  the  right  to  testify 
in  courts  of  justice  is  not  only  essential  to  personal  dignity 
ami  safety,  but  it  is  the  very  bulwark  of  defence  of  all 


other  individual,  domestic,  and  social  rights,  and  that  noth 
ing  but  a  conviction  of  a  high  crime  can  possibly  justify  it* 
invasion.  The  clause  of  the  United  States  Constitution  on 
which  the  petitioner  relies  is  the  first  of  the  becond  section 
of  Article  4,  and  is  in  those  \\ords  : 

"The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States."' 

Alexander  Hamilton,  in  commenting  upon  this  clause  in 
the  80th  number  of  the  Federalist,  says : 

"It  may  be  esteemed  the  ba&Lj  of  the  Union.  And  if  it 
be  a  just  principle  that  every  government  ought  to  possess 
the  means  of  executing  its  own  provisions,  by  its  own 
authority,  it  will  follow  that  in  order  to  the  inviolable 
maintenance  of  that  equality  of  privileges  and  immunities 
to  which  the  citizens  of  the  Union  will  be  entitled,  the 
national  judiciary  ought  to  preside  in  all  ca-ses  in  which 
one  State  or  its  citizens  are  opposed  to  another  State  or  its 
citizens.  To  secure  the  full  effect  of  so  fundamental  a  pro 
vision  against  all  evasion  and  subterfuge,  it  is  necessary 
that  its  construction  should  be  committed  to  that  tribunal, 
which,  having  no  local  attachments,  will  be  likely  to  be- 
impartial  between  the  different  States  and  their  citizens, 
and  which,  owing  its  official  exist*  uce  to  the  Union,  will 
never  be  likely  to  feel  any  bias  inauspicious  to  the  princi 
ples  on  which  it  is  founded." 

In  the  same  paper  he  says  :  "There  ought  always  to  be 
a  constitutional  method  to  give  efficacy  to  constitutional 
provis'oiif.''  It  will  be  remembered  that,  to  give  effect  to 
this  very  provision,  and  to  secure  the  invaded  rights  of  her 
citizens,  the  Legislature  of  Msssachusetts  many  years  ago- 
sent  an  eminent  jurist,  Judge  Hoar,  to  the  State  of  Sontii 
Carolina,  with  an  appeal  to  the  courts  of  justice.  His  ap 
peal  was  rudely  rejected,  and  himself  and  daughter  by  mob 
violence  driven  from  that  State  of  lawless  madmen,  who 
were  then  just  beginning  their  wild  rush  from  the  crime  of 
slavery  to  the  kindred  crimes  of  treason  ;:nd  rebellion 
against  the  best  Government  that  ever  blessed  the  world. 
Nor  is  it  too  much  to  i-.rwrt  that  the  neglect  to  give  practi 
cal  effect  to  this  constitutional  provision  has  been  an  effi 
cient  cause  of  the  war  now  desolating  the  country. 

In  support  of  these  views  the  case  of  Corlield  rs.  Coryell. 
4th  volume  Washington  Circuit  Court  Reports,  pages"  3*0 
and  oSl,  ia  directly  in  point  and  would  seem  conclusive. 
Mr.  Justice  Washington  in  his  opinion  says  of  the  clause 
in  quest  i  >n: 

"  The  inquiry  is,  what  are  the  privileges  and  iminunkic* 
of  citizens  in  the  several  States?  \Ve  find  no  hesitation  iit 
confining  these  expressions  to  those  privileges  and  immu 
nities  which  are  hi  their  nature  fundamental.  They  may 
be  all  comprehended  under  the  following  general  heads : 
Protection  by  ihe  Government ;  the  enjoyment  of  life  and 
liberty,  with  the  right  to  acquire  and  possess  property  of 
every  kind,  and  to  pursue  and  obtain  happiness  and  safety. 
The  right  of  a  citizen  of  one  State  to  pass  through  or  to- 
reside  in  any  other  State,  for  purposes  of  trade,  agriculture, 
professional  pursuits  or  otherwi.-e,  to  claim  the  benefit  of 
the  writ  of  Itabcas  carpus,  to  institute  and  maintain  .-.ctions 
of  any  kind  in  the  courts  of  the  S  ate,  to  take,  hold,  and 
dispose  of  property,  real  and  personal,  and  an  exemption 
from  higher  taxes  or  impositions  than  are  paid  by  the 
other  citizens  of  the  State.  These  and  many  others  which 
might  be  mentioned  arc  strictly  privileges  and  immunities, 
and  the  enjoyment  of  them  by  the  citizens  of  each  State 
in  every  other  State  are  manifestly  calculated  (to  use  the 
expressions  of  the  preamble  of  the  corresponding  provision 
in  the  old  articles  of  confederation)  the  better  to  secure 
and  perpetuate  mutual  frienshipand  int<  mmrse among  the 
people  of  the  different  States  of  the  Union." 

The  right  to  testify  must  IK>  included  in  the  foregoing 
enumeration  as  a  part  of  the  right  to  use  the  courts.  ;;nd 
several  of  the  rights  enumerated  are  certainly  less  vital 
and  fundamental  than  the  right  in  question. 

No  one  who  has  read  the  able  opinion  of  Attorney  Gen 
eral  Bates,  utterly  demolishing  the  unfortunate  obiter  cttcfa 
in  the  Dred  Scott  case,  can  doubt  that  colored  men  may  be 
citizens  of  the  United  States  and  of  the  several  States:  and 
indeed,  all  the  counsel  in  this  case  seem  to  admit  that  the 
petitioner  is  a  citizen  of  Massachusetts. 

This  court  has  no  doubt  that  a  citizen  of  Massachusetts 
has  aright  to  demand  the  protection  of  his  oath,  ai.d  the 
use  of  the  courts  of  Virginia,  or  any  other  State  of  tin* 
Union,  in  virtue  of  the  above-quoted  constitutional  pro 
vision,  which,  like  a  treaty  stipulation  between  inde 
pendent  States,  abrogates  every  State  law  which  may 
attempt  to  defeat  its  wise  and  benevolent  and  truly  nation 
al  operation. 

Massachusetts  may  with  perfect  propriety  say  to  Virginia 
— no  matter  with  what  wrongs,  for  the  sake  of  sustaining 
a  bloody  and  barbarous  system,  you  outrage  humanity  in 
the  persons  of  colored  men  born  and  reared  upon  your 
own  soil,  I  demand  of  you,  by  the  sacred  guaranty  of  your 
constitutional  obligations,  that  the  humblest  of  my  citi 
zens  when  a  sojonrner  in  your  territory,  shall  be  secure  in 
all  the  £reat  fundamental  rights  of  human  u»tu>*e. 


APPENDIX. 


443 


On  the  22d  day  of  June,  1772,  the  court  of  the  King's 
Bench  decided  in  the  case  of  James  Somerset,  claimed  as  a 
(slave  by  a  Virginia  planter  named  Charles  Stewart,  that 
-  the  suite  of  slavery  is  of  such  a  nature  that  it  is  incapa 
ble  of  being  introduced  on  any  reasons,  moial  or  polit 
ical,  but  only  by  positive  law.  It  is  so  odious  that  nothing 
can  be  suffered  to  support  it  but  positne  law,  and  therefore 
the  black  mui-.t  be  discharged.''  Such  in  that  celebrated 
case  was  the  language  of  Lord  Mansfield,  the  most  brilliant 
light  in  that  constellation  of  British  judges  who  made 
their  land  immortal  and  raided  themselves  to  the  most 
sublime  moral  elevation  by  stooping  to  lift  the  lowly  and 
crushed  of  their  fellow-citizens,  and  to  place  them  upon 
the  grjat  table-land  of  Brit'sh  security  and  protection.  It 
was  on  the  argument  of  the  *ame  c:iso  that  Counselor  Davy 
made  the  nevcr-to-bo-forgotten  de<  laration  that  the  air  of 
England  was  '•  too  pure  for  a  slave  to  breathe  in.:> 

It  is  time  for  ui  to  say  the  soil  of  Virginia,  soaked  by  the 
blood  of  so  many  martyrs  of  freedom,  is  <  oo  sacred  to  be  ever 
again  pressed  by  the  footstep  of  a  slave. 

The  Senator  from  Virginia,  who  in  1850  excited  the  in 
dignation  of  all  Christendom  by  demanding  of  Congress 
additional  enactments  to  facilitate  man  and  woman  hunt 
ing  through  the  length  and  breadth  of  the  country,  freely 
admitted  that  there  was  no  positive  law  in  Virginia  estab 
lishing  slavery,  and  that  the  system  rested  alone  upon  cus 
tom,  lie  might  well  have  added, 

••  It  is  a  custom 

More  honored  in  the  breach  than  the  observance." 
How  then  can  any  one  who  respects  the  humane  principles 
declared  in  Lord  "Mansfield's  time-honored  opinion,  for  one 
moment,  regard  sKivcry  or  any  of  its  incidents  as  of  any 


grave  with  its  barbarous  twin  brother,  slavery,  thus  obvi 
ating  the  necessity  of  further  action  by  this  court,  !h-.>  case 
is  put  over  for  tiiial  action,  and,  if  desired,  for  further  ar 
gument,  to  the  next  tern>. 

Gen.  Grant's  Orders  Respecting  Fu 
gitive  Slaves. 

As   an  addenda  to  the  military  reports,  or 
ders,  and  proclamations,  respecting  '•  contra 
pages    244,     253,    the    following, 


bands,"    on 


This  court  will  always  be  ready  to  apply  Lord  Mansfield's 
principles  to  slavery  and  its  supports  and  incidents,  and  the 
law  in  question  is  nothing  more,  and  it  has  also  the  strong 
est  conviction  that  the  State  law  excluding  the  testimony 
of  colored  men  from  the  courts  of  justice  is  utterly  null  and 
void,  because  it  is  utterly  repugnant  to  her  glorious  Decla 
ration  of  Rights,  which,  following  the  decision  of  Lord 
Mansfield,  was  adopted  in  June,  1776,  as  part  of  the  con-  j 
*titutioii  of  the  State.  Never  has  that  Declaration  been  | 


repealed,  but  it  has  been  repeatedly  reaffirmed  and  con-  j  GENERAL  ORDERS) 
tinned  as  the  basis  of  every  State  constitution  of  Virginia  No.  72.          j 


issued  at  different  times   by    Gen.  Grant,  and 
not  before  published  as  a  whole,  are  inserted: 

HEADQUARTERS  DISTRICT  OF  WEST  TENNESSEE, 

FORT  DONELSON,  February  26,  1862. 
GENERAL  ORDERS  ) 
No.  14.          j 

I.  General  Orders  No.  3,  series  1861,  from  Headquarters 
Department  of  the  Missouri,  is  still  in  force,  arid  must  be 
observed.    The  necessity  of  its  strict  enforcement  is  made- 
apparent  by  the  numerous  applications  from  citizens  for 
permission  to  pass  through  the  camps  to  look  for  fugitive 
slaves.    In  no  case  whatever  will  permission  be  granted  to- 
citizens  for  this  purpose. 

II.  All  slaves  at  Fort  Dorielson  at  the  time  of  its  capture, 
and  all  slaves  within  the  line  of  military  occupation  that 
have  been  used  by  the  enemy  in  building  fortilications,  or 
in  any  manner  hostile  to  the  Government,  will  be  employed 
by  the  Quartermaster's  Department,  for  the  benefit  of  the 
Government,  and  will  under  no  circumstance  be  permitted 
to  return  to  their  masters. 

III.  It  is  made  the  duty  of  all  officers  of  this  command 
to  see  that  all  slaves  above  indicated  are  promptly  delivered 
to  the  Chief  Quartermaster  of  the  district. 

By  order  of  IJrig.  Gen.  U.  S.  GRANT: 

JNO.  A.  RAWLINS,  A.  A.  G. 

HEADQUARTERS  DISTRICT  OF  WEST  TENNESSEE, 

CORINTH,  Miss.,  Auyunl  11,  1862. 


up  to  and  including  that  of  1804. 

Among  the  provisions  of  that  Declaration  are  the  follow 
ing: 

1.  That  all  men  are  by  nature  equally  free  and  indepen 
dent,  and  have  certain  inherent  rights,  ot  which,  when  they 
enter  into  a  state  of  society,  they  cannot,  by  any  compact, 
deprive  or  divest  their  posterity;  namely,  the  enjoyment  of 
lite  and  liberty,  with  the  means  of  acquiring  and  possessing 
property,  and  "pursuing  and  obtaining  happiness  and  safety. 
4.  That  no  man  or  set  of  men  arc  entitled  to  exclusive  or 
separate  emoluments  or  privileges  from  the  community, 
but  in  consideration  of  public  services. 

15.  That  no  tree  government  or  the  blessing  of  liberty 
can  be  preserved  to  any  people  but  by  a  firm  adherence  to 
justice,  moderation,  temperance,  frugality  and  virtue,  and 
by  a  frequent  recurrence  to  fundamental  principles. 

In  the  light  of  such  guaranties  the  enactment  excluding 
the  testimony  of  any  man  unconvicted  of  an  infamous 
crime  could  not  be  executed  or  tolerated  for  a  moment  by 
a  civilized  and  Christian  people,  but  for  the  debasing  and 
demoralizing  influence  of  the  great  abomination  of  slavery ; 
which,  invading  every  department  of  society,  ascending 
even  the  pulpit  and  the  halls  of  justice,  has  too  successfully 
labored  to  poison  and  paralyze  the  public  conscience,  pro 
nouncing  itself,  with  all  the  blazen  impudence  of  the  bot 
tomless  pit,  a  divine  institution,  and  asserting  the  cruel 
doctrine  that  the  dearest  human  rights  are  only  skin  deep, 
arid  that  dusk}'  men  have  none  which  paler  men  are  bound 
to  respect. 

Never  should  the  courts  of  Virginia  deny  this  fundamen 
tal  privilege  of  manhood  to  stny  innocent  human  being,  and 
least  of  all  to  a  citizen  of  Massachusetts — the  cradle  of  the 
American  Revolution  of  1776— the  first  State  to  abolish 
slavery,  the  first  to  scatter  the  seeds  of  knowledge  and 
science  throughout  her  bounds,  to  bless  all  the  people  who 
dwell  within  the  influence  of  her  generous  and  beneficent 
institutions. 

Had  Congress  clearly   conferred   upon    this    court    the 
necessary  power,  the  rc-lief  prayed  for  by  the  petitioiu 
would  be  cheerfully  and  speedily  granted.  "But  the  method 
of  proceeding  in  order  to  secure  the  benefit  of  a  right  fully 
guaranteed   by   the  Constitution   has   been    left   in   great 
doubt  and  obscurity  from  some  cause,  probably  from  an  in 
fluence  which  in  the  future  will  neither  be  felt  nor  feared.  HEADQUARTERS  DEPARTMENT  OF  THE  TENNESSEE, 
With  a  view,  therefore,  of  obtaining  the  aid  of  Congress  at  MILLIKEN'S  BEND,  LA.,  April  22,  IS63. 
the  approaching  session,  and  with  the  hope  also  that  the  |  GENERAL  ORDERS ) 
Legislature  of  this  State,  soon  to  assemble,  may  do  itself             No.  25.          j  [Extract.] 

and  our  old  Commonwealth  the  honor  of  wiping  the  wicked        I.  Corps,  division,  and  post  commanders  will  afford  ait 

^  enactment,  excluding  the  testimony  of  colored  'men  in  ;*uy     facilities  for  the  completion  of  the  negro  regiments  now 

of  our  courts,  from  our  code  of  laws,  burying  it  in  the  .•i;i;nc  :  organizing  in  this  department.    Commissaries  will   issu«> 


Recent  acts  of  Congress  prohibit  the  army  from  returning: 
fugitives  from  labor  to  their  claimants,  and  authorizing  the 
employment  of  such  persons  in  the  service  of  the  Govern 
ment.  The  following  orders  are  therefore  published  for  the 
guidance  of  the  army  in  this  military  district  in  this  mat 
ter  : 

I.  All  fugitives  thus  employed  must  be  registered,  the 
lames  of  the  fugitives  and  claimants  given,  and  must  be 
borne  upon  morning  reports  of  the  command  in  which  their 
are  kept,  showing  how  they  are  employed. 

II.  Fugitive  slaves  may  be  employed  as  laborers  in  the 
Quartermaster's,  Subsistence,  and  Engineer  Departments,, 
and  wherever  by  such  employment  a  soldier  may  be  saved 
to  the  ranks.    They  may   be   employed  as  teamsters,  a* 
company  cooks,  (not  exceeding  four  to  a  company.)  or  as 
hospital  attendants  or  nurses.    Officers  may  employ  them, 
as  private  servants,  in  which  latter  case  the  fugitive  will 
not  be  paid  or  rationed  by  the  Government.    Negroes,  not 
thus  employed,  will  be  deemed  unauthorized  persons,  and 
must  be  excluded  from  the  camps. 

III.  Officers  and  soldiers  ara  prohibited  from  enticing 
slave's  to  leave  their  masters.    When  it  becomes  necessary 
to  employ  this  kind  of  labor,  commanding  officers  of  posts 
or  troops  must  send  details  (always  under  the  charge  of  a 
suitable  non-commissioned  officer)  to  press  into  service  the 
slaves  of  disloyal  persons  to  the  number  required. 

IV.  Citizens   within  the  reach  of  any  military  station, 
known  to  be  disloyal  and  dangerous,  may  be  ordered  away 
or  arrested,  and  their  crops  and  stocks  taken  for  the  benefit 
of  the  Government  or  the  uf>c  of  the  army. 

V.  All  property  taken  from  rebel  owners  must  bo  duly 
reported  and  used  for  the  benefit  of  Government,  and  be 
issued  to  troops  through  the  proper  departments,  and  when 
practicable   the  act  of  taking  should  be  avowed  by  tlic* 
written  certificate  of  the  officer  taking,  to  the  owner  or 
agent  of  such  property. 

It  is  enjoined  on  all  commanding  officers  to  see  that  thi> 
order  is  strictly  executed.  The  demoralization  of  troop* 
consequent  on  being  left  to  execute  laws  in  their  own  way, 
without  a  proper  head,  must  be  avoided. 

By  order  of  Maj.  Gen.  U.  S.  GRANT  : 

JNO.  A.  RAWLINS,  A.  A.  G. 


444 


APPENDIX. 


supplies,  and  Quartermasters  will  furnish  .stores  on  the 
same  requisitions  and  returns  as  are  required  from  othei 
troops. 

It  is  expected  that  all  commanders  will  especially  exert 
themselves  in  carrying  out  the  policy  of  the  Administration, 
not  only  in  organizing;  colored  regiments  and  rendering 
them  efficient,  but  also  in  removing  prejudice  against 
them. 

*  *  *  *  *  *  * 

By  order  of  Maj.Gen.  U.  S.  OKANT: 

(Signed)  JNO.  A.  RAWLINS, 

Asst.  Adjt.  Gen. 

HEADQUARTERS  DEPARTMENT  OF  THE  TENNESSEE, 

VICKSBURG,  Miss.,  August  10, 1863. 
GENERAL  ORDERS") 
No.  51.          | 

I.  At  all  military  posts  in  States  within  the  Department, 
whore  slavery  has  been  abolished  by  the  proclamation  of 
the  President  of  the  United  States,  camps  will  be  estab 
lished  for  such  freed  people  of  color  as  are  out  of  employ 
ment. 

II.  Commanders  of  posts  or  districts  will  detail  suitable 
•officers  from  the  army  as  superintendents  of  such  camps. 
It  will  bo  the  duty  of  such  superintendents  to  see  that  suit 
able  rations  are  drawn  from  the  Subsistence  Department 
for  such  people  as  are  confided  to  their  care. 

III.  Ail  such  persons  supported  by  the  Government  will 
be  employed  in  every  practicable  way,  so  as  to  avoid,  as  far 
as  possible,  their  becoming  a  burden  upon  the  Government. 
They  may  be  hired  to  planters  or  other  citizens,  on  proper 
assurances  that  the  negroes  so  hired  will  not  be  runoff 
beyond  the  military  jurisdiction  of  the  United  States;  they 
may  be  employed  on  any  public  works;  in  gathering  crops 
irom  abandoned  plantations;  and  generally,  in  any  man- 
Jier  local  commanders  may  deem  for  the  beat  interests  of 
the  Government,  in  compliance  with  law  and  the  policy  of 
the  Administration. 

IV.  It  will  be  the  duty  of  the  Provost  Marshal  at  every 
military  post  to  see  that  every  negro  within  the  jurisdiction 
of  the  military  authority  is  employed  by  some  white  per- 
eon  or  is  sent  to  the  camps  provided"  for  freed  people. 

V.  Citizens  may  make  contracts  with  freed  persons  of 
color  for  their  labor,  giving  wages  per  month  in  money,  or 
•employ  families  of  them  by  the  year  on  plantations,  &c., 
feeding,  clothing,  and  supporting  tho  infirm  as  well  as  the 
able-bodied,  and  giving  a  portion — not  less  than  one-twen 
tieth — uf  the  commercial  part  of  their  crops,  in  payment 
for  .such  service. 

VI.  Where  negroes  are  employed  under  this  authority, 
the  parties  employing  will  register  with  the  Provost,  Mar 
shal  thoir  names,  occupation,  and  residence,  und  the  num- 
t»er  of  negroes  employed.    They  will  enter  into  s;ich  bond* 
as   tho  Provost  Marshal,  with   the  approval  of  the  local 
commander,  may    require,   for  the  kind   treatment  and 
proper  care  of  those  employed,  and  a.3  security  against  their 
beii'g  carried  beyond  the  employer's  jurisdiction. 

VJI.  Nothing  in  this  order  is  to  be  construe.!  to  embarrass 
the-  employment  of  such  colored  persons  a-s  may  be  required 
i>y  the  Government. 

By  oraer  of  Major  General  U.  S.  GRANT  : 

(Signed)  T.  S.  BOWERS, 

Acting  Asst.  Adj't  Geril. 

HEADQUARTERS  DEPARTMENT  OF  THE  TENNESSEE, 

VIOKSBURG,  Miss.,  August'^,  1863. 
GENERAL  ORDERS '( 
No.  .33.          / 

I.  Hereafter,  negroes  will  not  be  allowed  in  or  about  the 
camps  of  white  troops,  except  such  as  ;ire  properly   em 
ployed  and  controlled. 

II.  They  may  be  employed  in  the  Quartermaster's  De- 
l>;;rtnic:it,  Subsistence!  Department,  Medical  Department,  as 
hospital  nurses  and  laundresses,  in  the  Engineer  Depart 
ment  sis  pioneers.     As  f.ir  as  practicable,  .such  us  have  been 
or  may  lie  rejected  as  recruits  for  colored  regiments  by  thy 
examining  Hxirgoon  will  be  employed  about  hospitals  and 
in  pioneer  corps. 

III.  In  regiments  and  companies  they  may  be  employed 
as  follow*:  One  cook  to  each  fifteen  nr-n,  and  one  teamster 
to  ouch  wagon.    Officers  may  employ  them  as  servants,  but 
not  in  greater  number*  than  they  are  entitled  to  commuta 
tion,  for. 

IV.  Commando™  of  regiments  and  detachments  will  see 
that  all  nvgroes  in  or  about  their  respective  camps,  not 
employed  us  provided  in  this  .jrder,  are  collected  and  turned 
overt.' the  1'rovost  Jfarshal  of  the  division,  post,  or  army 
corps  to  which  their  regiment  or  detachment  l>elongs. 

V.  Provost  Marshals  will  keep  all  negroes  thus  coming 
into  their  hands  from  straggling  and  wandering  about, 
*.?itil  they  can  be  put  in  charge  of  tho  superintendent  of 
the  camp  for  colored  people-  nearest  them;  and  all  negroes 
unemployed  in  accordance  with  this  or  previous  orders,  not 


in  and  about  camps  of  regiments  and  detachment-  will  be 
required  to  go  into  the  canify  established  for  neeroes  and 
it  is  enjoined  upon  Provost  Marshals  to  see  that  thf  v  do  so. 

VI.  Recruiting  for  colored  regiments  in  negro  camps  will 
be  prohibited,  except  whoa  .special  authority  to  do  so  is 
given. 

VII.  All  able-bodied  negro  men  who  are  found  ton  days 
after  publication  of  thin  order,  without  a  certificate  of  the 
officer  or  person  employing  them,  will  be  regarded  as  un 
employed,  and  may  be  pressed  into  service.     Certificates 
given  to  negroes  must  show  how,  when,  and  by  whom  they 
are  employed,  and  if  as  officers'  servants,  that  the  officer 
employing  them  has  not  a  greater  number  than  bv  law  he 
is  entitled  to  commutation  for. 

By  order  of  Major  General  U.  S.  GRANT  : 

JNO.  A.  RAWLINS, 
Assistant  Adjutant  General. 

Protection  to  Colored  Soldiers. 
On  page  280  is  the  President's  order  on  this 
subject,  which  has  been  the  occasion  of  more  or 
less  correspondence  between  the  Union  and 
Rebel  authorities.  The  latest  and  most  satis 
factory  statement  is  included  in  the  subjoined 
correspondence  : 

HEADQUARTERS  ARMY  NORTHERN  VIRGINIA, 

October  19,  1SC4. 
LIEUT.  GEN.  U.  S.  GRANT,  Commanding  U.  S.  Armies: 

GENERAL:  In  accordance  with  instructions  from  the  Hon 
orable  Secretary  of  the  Confederate  States.  I  have  the  honor 
to  call  your  attention  tc  the  subject  of  two  communications 
recently  addressed  by  Major  General  B.  F.  Butler,  an  officer 
under  your  command,  to  the  Hon.  Robert  Ould,  commis 
sioner  for  the  exchange  of  prisoners.  For  the  better  un 
derstanding  of  the  matter,  I  enclose  copies  of  the  commu 
nications. 

You  will  perceive  by  one  of  them  that  the  writer  has 
placed  a  number  of  officers  and  men  belonging  to  the  Con 
federate  service,  prisoners  of  war  captured  by  the  United 
States  forces,  at  labor  in  the  canal  at  Dutch  Gap,  in  retalia 
tion,  as  is  alleged,  for  a  like  number  of  Federal  colored  sol 
diers,  prisoners  of  war  in  our  hands,  who  are  said  to  have 
been  put  to  work  on  our  fortifications.  The  evidence  of 
this  fact  is  found  in  the  affidavits  of  two  deserters  from  OUT- 
service. 

The  other  letter  refers  to  a  copy  of  a  notice  issued  by  a 
Confederate  officer  commanding  a  camp  near  Richmond, 
calling  upon  the  owners  to  come  forward  and  establish 
their  claims  to  certain  negroes  in  the  custody  of  that  officer. 
The  writer  o/  the  letter  proceeds  to  state  that  some  of  tho 
negroes  mentioned  in  the  notice  are  believed  to  bo  soldiers 
of  the  United  States  army,  captured  in  arms,  and  that,  upon 
that  belief,  he  has  ordered  to  such  manual  labor  as  he 
deems  most  fitting  to  meet  the  exigency  an  equivalent 
number  of  prisoners  of  war  held  by  the  United  States,  and 
announces  that  he  will  continue  to  order  to  labor  captives 
in  war  to  a  number  equal  to  that  of  all  the  United  Stut ..•- 
soldiers  whom  he  has  reason  to  believe  are  held  to  servit 
or  labor  by  the  Confederate  forces,  until  he  shall  be  notified 
that  the  alleged  practice  oil  the  part  of  the  Confederate 
authorities  has  ceased. 

Before  stating  the  facts  with  reference  to  the  particular 
negroes  alluded  to,  I  beg  to  explain  the  policy  pursued  by 
the  Confederate  Government  towards  this  class  of  persons 
when  captured  by  our  forces. 

All  negroes  in  the  military  or  naval  service  of  the  United 
States  taken  by  us.  who  are  not  identified  as  the  proportv 
of  citi/ens  or  residents  of  any  of  the  Confederate  State*, 
aru  regarded  as  prisoners  of  war,  being  held  to  he  proper 
subjects  of  exchange,  as  I  recently  had  the  honor  to  inform 
you.  No  labor  is  exacted  from  inch  prisoners  by  tho  Con 
federate,  authorities. 

Negroes  who  owe  service  or  labor  to  citizens  or  residents 
of  th'i  Confederate  Slates,  and  who,  through  compulsion, 
persuasion,  or  thoir  own  accord,  leave  their  owners  and  arc 
placed  in  the  military  or  naval  service-  of  the  United  States 
occupy  a  different  position. 

The  rights  to  the  service  or  labor  of  negro  slaves  in  th«* 
Confederate  States  is  the  same  now  as  when  tho  States  were 
members  of  the  Federal  Union.  The  constitutional  rela 
tions  and  obligations  of  the  Confederate  States  to  tho  own 
ers  of  this  species  of  property  are  tho  same  as  those  so  fre 
quently  u:id  so  long  recognized  as  thos;-  appertaining  to  (ho 
Government  of  the  united  States  with  reference  to  thoaame 
class  of  persons  by  virtue  of  its  organic  law. 

From  tho  earliest  period  of  the  independence  of  tho  Amer 
ican  States  it  has  been  he'd  that  one  of  the  duties  incum 
bent  upon  tho  several  crminon  government:,  under  which 
they  have  from  ti'no  to  time  been  associated  was  tho  return 
to  their  lawful  owners  of  slaves  recant uivd  from  tho  pu'ldic 


APPENDIX. 


44f> 


eTiriny.  It  has  been  uniformly  held  that  the  capture  or 
abduction  of  a  slave  does  not  impair  the  right  of  the  owner 
to  such  a  slave,  but  that  the  right  attaches  to  him  immedi 
ately  en  recapture. 

Such  was  the  practice  of  the  American  States  during 
their  struggle  for  independence.  The  Government  under 
which  they  were  then  associated  restored  to  the  owners 
slaves  abducted  by  the  British  forces  and  subsequently  re 
captured  by  the  American  armies. 

In  the  war  of  1812  with  Great  Britain  the  course  pursued 
by  the  United  States  Government  was  the  same,  and  it 
recognized  the  right  of  the  owner  to  the  slaves  recaptured 
from  the  enemy.  Both  the  Continental  and  United  States 
Governments,  in  fact,  denied  that  the  abduction  of  slaves 
was  a.  belligerent  right ;  and  the  latter  Power  insisted  upon, 
Hiid  ultimately  secured  by  treaty,  pecuniary  indemnity  from 
the  British  Government  for  slaves  taken  bv  its  forces  during 
the  war  of  1812. 

And  it  is  supposed  that  if  a  slavo  belonging  to  a  citizen 
of  a  State  in  which  slavery  i» recognized,  and  which  is  re 
garded  as  one  of  the  United  States,  were  to  escape  into  the 
Couiodcrate  States,  or  bo  captured  or  abducted  by  their 
armies,  the  legal  right  of  the  owner  to  reclaim  him  would 
l»e  as  clear  now  as  in  1812,  the  Constitution  of  the  United 
States  being  unchanged  in  this  particular,  and  that  instru 
ment  having  been  interpreted  in  the  judicial  decisions, 
legislative  and  diplomatic  acts,  and  correspondence  of  the 
United  States,  as  imposing  upon  that  Government  the  duty 
of  protecting,  in  all  cases  coming  within  the  scope  of  its 
authority,  the  owners  of  slaves,  as  well  as  of  any  other  kind 
of  property  recognized  as  such  by  the  several  States. 

The  Confederate  Government,  bound  by  the  same  consti 
tutional  obligations,  considers,  as  that  of  the  United  did, 
that  the  capture  or  abduction  of  a  negro  slave  does  not 
preclude  tiie  lawful  owner  from  reclaiming  him  when  cap 
tured,  and  I  an  instructed  to  say  that  all  such  slaves,  when 
properly  identified  as  belonging  to  citizens  of  any  of  the 
Confederate  States,  or  to  persons  enjoying  the  protection  of 
their  laws,  will  be  restored,  like  other  recaptured  private 
property,  to  those  entitled  to  them. 

Having  endeavored  to  explain  the  general  policy  of  the 
Confederate  Government  with  regard  to  this  subject,  I  beg 
leave  to  state  the  facts  concerning  the  particular  transactions 
referred  to  in  the  enclosed  communications. 

The  negroes  recently  captured  by  our  forces  were  sent 
to  Richmond  with  other  Federal  prisoners.  After  their 
arriv::!  it  was  discovered  that  a  number  of  them  were  slaves 
belonging  to  citizens  or  residents  of  some  of  the  Confeder 
ate  States;  and  of  this  class,  fifty- nine,  as  I  learn,  were 
mnt,  with  other  negroes,  to  work  on  the  fortifications 
around  Richmond  until  their  owners  should  appear  and 
claim  them.  As  soon  as  I  was  informed  of  the  fact,  less 
than  two  days  afterwards,  not  wishing  to  employ  them 
here,  I  ordered  them  to  bo  sent  to  the  rear.  By  a  misap 
prehension  of  the  engineer  officer  in  charge,  they  were 
transferred  to  our  lines  south  of  the  James  river,  but  when 
apprized  of  the  error,  I  repeated  the  order  for  their  re 
moval.  -  If  any  negroes  were  included  among  this  number 
who  were  not  identified  as  the  slaves  of  citizens,  or  resi 
dents  of  some  of  the  Confederate  States,  they  were  so  in- 
rludcd  without  the  knowledge  or  authority  of  the  War  De 
partment,  as  already  explained,  and  the  mistake,  when  dis 
covered,  would  have  been  corrected. 

It  only  remains  for  me  tosay  that  negroes  employed  upon 
our  fortifications  are  not  allowed  to  be  placed  where  they 
will  be  exposed  to  fire,  and  there  is  no  foundation  for  any 
statement  to  the  contrary.  The  author  of  the  communica 
tions  referred  to  has  considered  himself  justified  by  the 
reports  of  two  deserters,  who  do  not  allege  that  the  negroes 
in  question  were  exposed  to  any  danger,  in  placing  our  pris 
oners  under  the  fire  of  our  batteries. 

In  view  of  the  explanations  of  the  practice  of  the  Con 
federate  Government  above  given,  and  of  the  statement  of 
tacts  I  have  made,  I  have  now,  in  accordance  with  my  in 
structions,  respectfully  to  inquire  whether  the  course  pur 
sued  toward  our  prisoners,  as  set  forth  in  the  acconipany- 
i)g  letters,  has  your  sanction,  and  whether  it  will  be  main- 
uincd? 

Very  respectfully,  your  obedient  servant, 

K.  E.  LEE,  General. 

HEADQUARTERS  ARMIES  OF  THE  UNITED  STVTES 

October  29, 1864. 
Gen.  R.  E.  LEE,  C.  S.  A., 

Commanding  Army  Northern  Virginia: 
GENERAL:  Understanding  from  your  letter  of  the  19th 
that  the  colored  prisoners  who  are  employed  at  work  in  the 
trenches  near  Fort  Gilmer  have  been  withdrawn  I  have 
directed  the  withdrawal  of  the  Confederate  prisoners  em 
ployed  in  the  Dutch  Gap  canal. 

1  shall  always  regret  the  necessity  of  retaliating  for 
wrongs  done  our  soldiers;  but  regard  it  my  duty  to 
protect  all  persons  received  into  the  army  of  the  United 


1  States,  regardless  of  color  or  nationality.  When  acknowl 
edged  soldiers  of  the  Government  are  captured  they  musi- 
be  treated  as  prisoners  of  war,  or  such  treatment,  as  the} 
receive  will  be  inflicted  upon  an  equal  number  of  prisoners 
held  by  us. 

I  have  nothing  to  do  with  the  discussion  of  the  slavery 
question ;  therefore  decline  answering  the  arguments  ad 
duced  to  show  the  right  to  return  to  former  owners  such 
negroes  as  are  captured  from  our  army. 

In  answer  to  the  question  at  the  conclusion  of  your  let 
ter,  I  have  to  state  that  all  prisoners  of  war  falling  into 
my  hands  shall  receive  the  kindest  treatment  possible,  con 
sistent  with  securing  them,  unless  I  have  good  authority 
for  believing  any  number  of  our  men  are  being  treated 
otherwise.  Then,  painful  as  it  may  be  to  me,  I  shall  in 
flict  like  treatment  on  an  equal  number  of  Confederate 
prisoners. 

Hoping  that  it  may  never  become  my  duty  to  order  re 
taliation  upon  any  man  held  as  a  prisoner  of  war,  I  have 
the  honor  to  be,  very  respectfully,  your  obedient  servant, 

U.  S.  GRANT, 
Lieutenant  General. 


Military  Order  Respecting  the  Elec 
tion  in  Missouri — (See  p.  314.) 
18G4,  October  12 — Maj.   Gen.   Rosecrans  is 
sued  an  oi'der  establishing  the  regulations  for 
the  election  in    Missouri.     The   following  ai'e 
passages  from  the  order: 

The  General  commanding  expects  the  united  assistance 
of  the  true  men  of  all  parties  in  his  efforts  to  secure  a  full 
and  fair  opportunity  for  all  who  are  entitled  to  vote  at  the 
approaching  elections  in  the  State  of  Missouri,  and  in  exclu 
ding  from  the  polls  those  who,  by  alienage,  treason,  guc- 
rillaism,  and  other  crimes  and  disabilities,  have  no  just  right 
to  vote. 

I.  Those,  and  only  those,  who  have  the  qualifications, 
and  who  take  the  oath  prescribed  by  the  laws  of  the  State, 
copies  of  which  are  hereto  annexed,  shall  vote. 

Voting,  or  attempting  to  vote,  in  contravention  of  law  or 
orders,  is  declared  a  military  offence,  subjecting  the  offen 
der  to  arrest,  trial,  and  punishment,  if  convicted. 

II.  No  one  who  has  borne  arms  against  the  Government 
of  the  United  States,  or  voluntarily  given  aid  and  comfort 
to  its  enemies  during  the  present  rebellion,  shall  act  as 
judge  or  clerk  at  election;    nor  shall  any  county  judge 
knowingly  appoint  any  such  person  to  act  as  judge  at  elec 
tion.    Violation  of  this  will  be  promptly  noticed,  and  the 
offenders  brought  to  trial  by  the  local  military  authorities. 

III.  Outrages  upon  the  freedom  of  election  by  violence 
or  intimidation:  attempting  to  hinder  legal  or  to  procure 
or  encourage  illegal  voting:    interfering    with  the  legal 
challenge  of  voters;  acting  as  officers  of  election  in  contra 
vention  of  law  or  orders;  wilful  neglect  to  perform  their 
duties,  under  the  laws  and  these  orders,  by  officers  of  elec 
tions,  and  especially  taking  the  voters'  or  officers'  oath 
falsely;  and  all  other  acts  and  words  interfering  with  the 
purity  and  freedom  of  elections,  are  crimes  against  the 
liberties  of  the  people,  and  are  declared  military  offences, 
and  will  be  rigorously  punished. 

The  oath  is  as  provided  in  the  ordinance  of 
the  Convention  of  Missouri,  and  printed  on 
page  314. 

Report  of  Hon.  J.  Holt,  Judge  Ad 
vocate  General,  on  certain  "  Secret 
Associations." 

WAR  DEPARTMENT,  BUREAU  OF  MILITARY  JUSTICE, 

WASHINGTON.  D.  C.,  October  S,  1864. 
Hon.  E.  M.  STANTOX,  Secretary  of  War  : 

SIR  :  Having  been  instructed  by  yon  to  prepare  a  detailed 
report  upon  the  mass  of  testimony  furnished  me  from  dif 
ferent  sources  in  regard  to  the  Secret  Associations  and  Con 
spiracies  against  tlte  Government,  formed,  principally  in  the 
Western  States,  by  traitors  and  disloyal  persons,  I  have 
now  the  honor  to  submit  as  follows: 

During  more  than  a  year  past  it  has  been  generallv 
known  to  our  military  authorities  that  a  secret  trca^onabl'.- 
organization,  affiliated  with  the  Southern  rebellion  -liirt 
chiefly  military  in  its  character,  has  been  rapidly  extending 
itself  throughout  the  West.  A  variety  of  agencies,  which 
will  be  specified  herein,  have  been  employed,  and  success- 
iully,  to  ascertain  its  nature  and  extent,  as  well  as  its  aims 
and  its  results ;  and,  as  this  investigation  has  led  to  th~ 
arrest,  in  several  States,  of  a  number  of  its  promlncD* 
members  as  dangerous  public  enemies,  it  has  been  deeme.1 
proper  to  set  forth  in  full  the  acts  and  purposes  of  tin* 


416 


APPENDIX. 


organization,  and  th  is  to  make  known  to  the  country  at  | 
large  its  intensely  treasonable  and  revolutionary  spirit. 

The  subject  will  be  presented  under  the  following  heads: 
I.  The  origin,  history,  names,  &c.,  of  the  Order. 

II.  Its  organization  and  officers. 

III.  Its  extent  and  numbers. 

IV.  Its  nrmod  force. 

V.  Its  ritual,  oaths,  and  interior  forms. 
VI.  Its  written  principles. 
Vil.  Its  specific  purposes  and  operations. 
VIII.  The  witnesses  and  their  testimony. 

I.— THE  ORIGIN,  HISTORY,  NAMES,  ETC.,  OF  THE  ORDER. 

This  secret  association  first  developed  itself  in  the  West 
in  the  year  1862,  about  the  period  of  the  first  conscription 
of  troops,  which  it  aimed  to  obstruct  and  resist.  Originally 
known  in  certain  localities  as  the  "  Mutual  Protection  So 
ciety,"  the  "  Circlo  of  Honor,"  or  the  "  Circle,"  or  "  Knights 
of  the  Mighty  Host,"  but  more  widely  as  the  "Knights  of 
the  Golden  Circle,"  it  was  simply  an  inspiration  of  the  re 
bellion,  being  little  other  than  an  extension  among  the 
disloyal  and  disaffected  at  the  North  of  the  association  of 
the  latter  name,  which  had  existed  for  some  years  at  the 
.South,  and  from  which  it  derived  all  the  chief  features  of 
its  organization. 

During  the  summer  and  fall  of  1863,  the  Order,  both  at 
the  North  and  South,  underwent  some  modifications  as 
well  as  a  change  of  name.  In  censequence  of  a  partial  ex 
posure  which  had  been  made  of  the  signs  and  ritual  of  the 
'•  Knights  of  the  Golden  Circle,"  Sterling  Price  had  insti 
tuted  as  its  successor  in  Missouri  a  secret  political  associa 
tion,  which  he  called  the  "  Corps  do  Belgique,"  or  t;  South 
ern  League:"  his  principal  coadjutor  being  Charles  L. 
Hunt,  of  St.  Louis,  then  Belgian  Consul  at  that  city,  but 
whose  exequatur  was  subsequently  revoked  by  the  Presi 
dent  on  account  of  his  disloyal  practices.  The  special 
object  of  the  Corps  do  Belgique  appears  to  have  been  tj 
unity  the  vubel  sympathizers  of  Missouri,  with  a  view  to 
their  taki:.g  up  arms  and  joining  Price  upon  his  proposed 
grand  inv  usion  of  that  State,  and  to  their  recruiting  for  his 
army  in  t  10  interim. 

Meanwaile,  also,  there  had  been  instituted  at  the  North, 
iu  the  autumn  of  1863,  by  sundry  disloyal  persons,  promi 
nent  among  whom  were  Vallandigham  and  P.  C.  U  right, 
ot  Now  York,  a  secret  Order,  intended  to  be  general  through 
out  the  country,  and  aiming  at  an  extended  inlluence  and 
power,  and  at  more  positive  results  than  its  predecessor, 
and  which  was  termed,  and  has  since  been  widely  known 
as  the  0.  A.  K.,  or  "Order  of  American  Knights." 

The  opinion  is  expressed  by  Col.  Sanderson,  Provost 
Marshal  General  of  the  Department  of  Missouri,  in  his 
official  report  upon  the  progress  of  this  Order,  that  it  was 
founded  by  VaUandighain  during  his  banishment,  and  upon 
consultation  at  Richmond  with  Davis  and  other  promi 
nent  traitors.  It  is,  indeed,  the  boast  of  the  Order  in  Indi 
ana  and  elsewhere,  that  its  '"ritual"  came  direct  from 
Davis  himself ;  and  Mary  Ann  Pitman,  formerly  attached 
to  the  command  of  the  rebel  Forrest,  and  a  most  intelligent 
witness,  whose  testimony  will  be  hereafter  referred  to, 
states  positively  that  Davis  is  a  member  of  the  Order. 

Upon  the  institution  of  tho  principal  organization,  it  is 
represented  that  the  "  Corps  de  Belgique  "  was  modified  by 
Price,  and  became  a  southern  sectio-i  of  the  0.  A.  K.,  and 
that  the  new  name  was  generally  adopted  for  the  Order, 
both  at  the  North  and  South. 

The  secret  signs  and  character  of  the  Order  having  be 
come  known  to  our  military  authorities,  further  modifica 
tions  in  the  ritual  and  forms  were  introduced,  audits  name 
was  finally  changed  to  that  of  the  0.  S.  L.,  or  "  Order  of 
the  Sons  of  Liberty,"  or  the  "Knights  of  tho  Order  of  the 
Sons  of  Liberty."  These  later  changes  are  represented  to 
have  been  first  instituted,  and  the  new  ritual  compiled,  in 
the  State  of  Indiana,  in  May  last,  but  the  new  name  was  at 
once  generally  adopted  throughout  the  West,  though  in 
some  localities  the  association  is  still  better  known  as  the 
•'Order  ol'  American  Knights." 

Meanwhile,  also,  the  Order  has  received  certain  local  des 
ignations.  In  parts  of  Illinois  it  has  been  called  at  times 
the  '•  Peace  Organization,"  in  Kentucky  the  "  Star  Organ 
ization,"  and  iu  Missouri  the  "American  Organization  ;" 
these,  however,  being  apparently  names  used  outside  of  the 
lodges  ol  the  Order.  Its  members  have  also  been  familiarly 
designated  as  "  Butternuts  "  by  the  country  people  of  Illi 
nois,  Indiana,  and  Ohio,  and  its  separate  lodges  have  also 
frequently  received  titles  intended  for  the  public  e:ir;  that 
in  Chicago,  for  instance,  being  termed  by  its  members  tho 
"  Denibcratic  Invincible  Club  ;"  that  in  Louisville,  the 
"  Democratic  Heading  Room,"  &c. 

It  is  to  be  addad  that  in  tho  State  of  New  York  and  other 
parts  of  the  North,  the  secret  political  association  known 
as  th>-  "McLlcllan  Minute  Guard "  would  eeem  to  be  a 
brunch  of  the  0.  A.  K.,  having  substantially  the  same 
objects,  to  b«  accomplished,  however,  by  means  expressly 
suited  to  the  localities  in  which  it  is  established.  For.  as 


the  Chief  Secretary  of  this  Association.  Dr.  R.  F.  Stevens.* 
stated  in  June  last  to  a  reliable  witness,  whose  testimony 
IJUR been  furnished,  "those  who  represent  iho  McClellan 
Interest  are  compelled  to  preach  a  vigorous  prosecution  of 
tho  war,  in  order  to  secure  the  popular  sentiment  and 
allure  voters." 

II.— ITS  ORGANIZATION   AND  OFFICERS. 

From  printed  copies,  heretofore  seized  by  the  Government, 
of  the  constitutions  of  the  Supreme  Council,  Gr*nd  Coun 
cil,  and  County  Parent  Temples,  respectively,  of  the  Order 
of  Sons  of  Liberty,  in  connection  with  other  and  abundant 
testimony,  the  organization  of  the  Order,  iu  its  latest  lorm, 
is  ascertained  to  be  as  follows  : 

1.  The  government  of  the  Order  throughout  the  United 
States  is  vested  in  a  Supreme  Council,  of  which  the  officers 
are  a  Supreme  Commander,  Secretary  of  State,  and  Tn  us 
urer.    These  officers  are  elected  for  one  year, at  the  annual 
meeting  of  the  Supreme  Council,  which  is  made  up  of  the 
Grand  Commanders  of  the  several  States  ex  aflicio.  and  two 

lelegates  elected  from  each  State  in  which  the  Order  is  es 
tablished. 

2.  The  government  of  the  Order  in  a  State  is  vested  iu  a 
Grand  Council,  the  officers  of  which  are  a  Grand  Com 
mander,    Deputy   Grand    Commander,   Grand    Secretary, 
Grand  Treasurer,  and  a  certain  number  of  Major  Generals, 
or  one  for   each  Military  District.    These  officers  also  art- 
elected  annually  by  "  representatives"  from  the  County 
Temples, each  Temple  being  entitled  to  two  representatives, 
and  one  additional  for  each  thousand  members.    This  body 
of  representatives  id  also  invested  with  certain  legislative 
functions. 

3.  The  Parent  Temple  is  tho  organization  of  the  Order 
for  a  county,  each  Temple  being  formally  instituted  by 
authority  of  the  Supreme  Council,  or  of  the  Grand  Council 
or  Grand  Commander  of  tho  State.    By  the  same  authority, 
or  by  that  of  the  officers  of  the  Parent  Temple,  branch  <>r 
subordinate  Temples  may  be  established  for  townships  in 
the  county. 

But  the  strength  and  significance  of  this  organization  lie 
in  its  military  character.  The  secret  constitution  of  the 
Supreme  Council  provides  that  the  Supreme  Commander 

sliall  be  commander-in-chicf  of  all  military  force,!  iH'lcwiing 
to  the  Order  in  the  various  States  when  called  into  actual  ser- 


*  LETTER  OF  R.  F.  STEVENS. 

NEW  YORK,  Oct.  17. 
To  the  Editor  of  the  World  : 

DEAR  SIR  :  In  Judge  Holt's  report  to  the  Secretary  of 
War,  just  published,  statements  are  made,  to  the  effect  that 
the  Minute  Guard  Association  is  a  secret  organization. 
Second,  That  its  objects  are  identical  with  the  traitorous 
objects  of  an  alleged  Northwestern  association.  Third, 
That  it  is  a  branch  of  the  0.  A.  K.  Fourth,  That  I  said  in 
June,  that  "  thos<;  who  represent  the  McClellan  interest  are 
compelled  to  preach  a  vigorous  prosecution  of  the  war,  in 
onlcr  to  secure  the  popular  sentiment,  and  allure  voters.-'' 
None  of  the  members  ot'  the  association  over  held  a  secret 
meeting,  and  nothing  of  a  secret  or  traitorous  nature  was 
ever  connected  with  it.  It  was  never  connected  with  the 
0.  A.  K.,  or  any  other  association.  Its  members  were  nwer 
compelled  to  "  preach,"  as  alleged,  and  all  tho  above  state 
ments  of  Judge  Holt  are  absolute  and  entire  falsehoods. 
Mr.  Greelcy,  in  his  editorial  Of  the  15th  instant,  makes  a 
like  statement,  to  the  effect  that  the  Minute  Guard  is  con 
nected  with  the  alleged  Northwestern  conspiracy,  and  pa 
rades  my  name  with  the  evident  intent  of  fixing  upon  rne 
tho  character  of  a  traitor.  The  whole  of  which  are  base 
insinuations  and  fabrications,  and  worthy  of  the  man  who 
wrote  of  our  national  flag, ''  Tear  down  the  flaunting  lie," — 
and  of  the  slave  States,  that  they  had  a  clear  right  to  se 
cede,  and  he  would  oppose  all  coercive  attempts  to  keep 
them  in. 

The  Minute  Guard  is  an  association  for  ordinary  political 
campaign  work.  It  has  no  secrets  like  the  oath-bound 
Loyal  (?)  League.  On  public  occasions,  each  member  car 
ries,  or  wears,  tho  American  flag.  On  election  days  they 
worK  for  votes  ;  and  the  results  of  their  work  will  bo  seen 
all  over  the  Union,  as  it  has  been  seen  in  the  recent  elec 
tion  in  Pennsylvania. 

In  these  fabrications  of  Judge  Holt  and  Mr.  Greelcy  :  in  the 
low  buffoonery  contained  in  the  answer  to  the  recent  com 
munication  from  thr)  Union  men  of  Tennessee  ;  in  the  un 
paralleled  election  frauds  in  Indiana;  in  the  open  boasts  of 
a  company  of  Massachusetts  soldiers  that  they  voted  at  sev 
eral  of  the  polls  in  Philadelphia  ;  iu  tho  ilisctiarpe  of  work 
men  at  the  navy -yard  for  being  in  favor  of  McClellan  ;  in 
the  thousands  of  arbitrary  arrests,  and  the  hundreds  of 
suppressions  of  a  hitherto  free  press,  all  men  may  sou  that 
tho  re-election  of  Mr.  Lincoln,  and  the  continuance  in  pow 
er  of  such  men  as  support  him,  will  be  tho  most  unmitiga 
ted  curse  ever  inflicted  upon  a  free  people. 

Yours,  &c.,  R   F.  STEVESfS 


APPENDIX. 


447 


rtVe;"  and  further,  that  the  Grand  Commanders  -'shall  be 
ci  >i,twnders-in~chiff 'of  the  military  forces  of  their  r&petXtve 
Stitus."  Subordinate  to  the  Grand  Commander  in  the 
State  are  the  •'  Major  G-nerals,"  each  of  whom  commands 
hi;  separate  district  and  army.  In  Indiana  the  Major  Gen 


that  established  in  our  armies,  it  was  designed  merely  to 
render  itself  more  popular  and  attractive  with  the  masses, 
and  to  invest  its  chiefs  with  a  certain  sham  dignity;  but 
when  it  is  understood  that  the  Order  comprises  within  itself 
a  large  army  of  well-armed  men,  constantly  drilled  and  ex- 


erals  Tire  four  in  number.  In  Illinois,  where  the  organiza-  j  erased  as  soldiers,  and  that  this  army  is  held  roudy  at  any 
t'on  of  ?!10  order  is  considered  most  perfect,  the  members  time  for  such  forcible  resistance  to  our  mi  itary  authorities 
in  each  Congressional  District  compose  a  "brigade,"  which  and  such  active  co-operation  with  the  public  enemy,  as  it 
L  comm-ii'dod  by  a  "  r,ri(i<«Utr  Gnifral."  The  members  |  may  be  called  upon  to  engage  in  by  its  commanders,  it  will 
ofeach  nmntv  constitute  a  "regiment,"  with  a  "col>mel,"  be  perceived  that  the  titles  of  the  latter  are  not  assumed 
in  command,  and  those  of  each  township  form  a  "company."  for  a  mere  purpose  of  display  but  they  are  the  chie.s  of  an 
A  somewhat  .similar  system  prevails  in  Indiana,  where  also  actual  and  formidable  torce  of  conspirators  against  tno  life 
each  companv  is  divided  into  "gqiuids,"  each  with  its  chief  of  the  Government,  and  that  their  military  system  is.  aj  it 


_  'squad: , 

—an  arrangement  intended  to  lacilitata  the  guerilla  mode 
of  warfare  in  case  of  a  general  outbreak  or  local   disorder. 

The  '•  MeClellan  Minute  Guard,"  as  appears  from  a  circu 
lar  issued  by  the  Chief  Secretary  in  New  York  in  March 
last,  is  organized  upon  a  military  basis  similar  to  that  of 
the  Order  proper.  It  is  composed  of  companies,  one  for 
each  ele  :tion  district,  ten  of  which  constitute  a  "  brigade," 
with  a  "brigadier  general"  at  its  head.  The  whole  is 
placed  under  the  authority  of  a  "  Commander-in-chief."  A 
strict  obedience  on  the  part  of  members  to  the  orders  of 
their  superiors  is  enjoined. 

The  first  "  Supreme  Commander"  of  the  Order  was  P.  C. 
Wiiulit,  of  New  York,  editor  of  the  New  York  News,  who 
was  in  May  last  placed  in  arrest  and  confined  in  Fort 
Lafavette.  His  succes  or  in  office  was  Vallandighaui,*  who 
wa-s  elected  at  the  annual  meeting  of  the  Supreme  Council 
in  February  last.  Robert  Holloway,  of  Ilbuois,  is  repre 
sented  to  have  acted  as  Lieutenant  General,  or  Deputy 
Supreme  Commander,  duriug  the  absence  of  Vallandighaui 
from  the  country.  The  Secretary  of  State  chosen  at  the 
la>t  election  was  Di .  Massey,  of  Ohio. 

In  Missouri  the  principal  officers  were  Charles  L.  Hunt, 
Grand  Commander,  Charles  K.  Dunn,  Deputy  Grand  Com 
mander,  and  Green  B.  Smith,  Grand  Secretary.  Since  the 
arrest  of  these  three  persons  (all  of  whom  have  made  con 
fessions  which  will  be  presently  alluded  to)  James  A.  Bar 
rett  has,  as  it  is  understood,  officiated  as  Grand  Commander. 
He  is  stated  to  occupy  also  the  position  of  chief  of  staff  to 
the  Supreme  Commander. 

The  Grand  Commander  in  Indiana,  H.  II.  Dodd,  is  now 
on  trial  at  Indianapolis  by  a  military  commission  for  "con 
spiracy  against  the  Government,"  ''violation  of  the  laws  of 
war,"  and  other  charges.  The  Deputy  Grand  Commander 
in  that  State  is  Horace  Helfrcn.  and  the  Grand  Secretary, 
W.  M.  Harrison.  The  Major  Generals  are  W.  A.  Bowles, 
John  C.  Walker,  L.  P.  Milligan,  and  Andrew  Humphreys. 
Among  the  other  leading  men  of  the  Order  in  that  State  are 
Dr.  Athou,  State  Secretary,  and  Joseph  Ristiue,  State  Audi 
tor. 

The  Grand  Commander  in  Illinois  is Judd,  of  Lewis- 
town;  and  B.  B.  Piper,  of  Springfield,  who  is  entitled 
"  Grand  Missionary"  of  the  State,  and  designated  also  as  a 
member  of  Valla ndigham's  staff,  is  one  of  the  most  active 
members,  having  been  busily  engaged  throughout  the  sum 
mer  in  establishing  Temples  and  initiating  members 

In 
is  G 


. 
n   Kentucky,  Judge  Bullit,  of  the  Court  of  Appeals, 

Grand  Commander,  and,  with  Dr.  U.  F.  Kalfus  and 
W.  R.  Thomas,  jailor  in  Louisville,  two  other  of  the  most 
prominent  members,  has  been  arrested  and  confined  by 
the  military  authorities.  In  New  York,  Dr.  R.  F.  Stevens, 
the  chief  secretary  of  the  McClellau  Minute  Guard,  is  the 
most  active,  ostensible  representative  of  the  Order. 

The  greater  part  of  the  chief  and  subordinate  officers  of 
the  Order  and  its  branches,  as  well  as  the  principal  mem 
bers  thereof,  are  known  to  the  Government,  and,  where  not 
already  arrested,  may  regard  themselves  as  under  a  con 
stant  military  surveillance.  So  complete  has  been  the  expo- 
iure  of  this  secret  leagiie,  that  however  frequently  the  con 
spirators  may  change  its  names,  forms,  passwords,  and 
.signals,  its  true  purposes  and  operations  cannot  longer  be 
concealed  from  the  military  authorities. 

It  is  to  be  remarked  that  the  Supreme  Council  of  the 
Order,  which  annually  meets  on  February  22,  convened  this 
year  at  New  York  city,  and  a  special  meeting  was  then  ap 
pointed  to  beheld  at  Chicago  on  July  1,  or  just  prior  to  the 
day  then  fixed  for  the  convention  of  the  Democratic  party. 
This  convention  having  been  postponed  to  August  29,  the 
special  meeting  of  the  Supreme  Council  was  also  postponed 
to  August  27,  at  the  same  place,  and  was  duly  convened  ac 
cordingly.  It  will  be  remembered  that  a  leading  member 
of  \\\:  convention,  in  the  course  of  a  speech  made  before 
that  body,  alluded  approvingly  to  the  session  of  the  Sons  of 
Liberty  at  Chicago  at  the  same  time,  as  that  of  an  organi 
zation  in  harmony  with  the  sentiment  and  projects  of  the 
convention. 

It  may  be  observed,  in  conclusion,  that  one  not  fully  ac 
quainted  with  the  true  character  and  intentions  of  the 
Order  might  woll  suppose  that,  in  designating  its  officers  by 
hi^h  military  titles,  and  in  imitating  in  its  organization 


has  been  remarked  by  Colonel  Sanderson,  •'  the  grand  lover 
used  by  the  rebel  Government  for  its  army  operations." 

III. — ITS  EXTENT   AND   NUMBERS. 

The  "  Temples  "  or  "  Lodges  "  j>f  the  Order  are  numer 
ously  scattered  through  the  States  of  Indiana,  Illinois, 
Ohio,  Missouri,  and  Kentucky.  They  are  also  officially  re 
ported  as  established,  to  a  less  extent,  in  Michigan  and  the 
other  Western  States,  as  well  as  in  New  York,  Pennsyl 
vania,  New  Hampshire,  Rhode  Island,  Connecticut,  New 
Jersey,  Maryland,  Delaware,  and  Tennessee.  Dodd,  the 
Grand  Commander  of  Indiana,  in  an  address  to  the  mem 
bers  in  that  State  of  February  last,  claims  t  uit  at  the  next 
annual  meeting  of  the  Supreme  Council  (in  February,  1865) 
every  State  in  the  Union  will  be  represented,  and  adds, 
"'  this  is  the  first  and  only  true  national  organization  the 
Democratic  and  Conservative  men  of  the  country  have  ever 
attempted."  A  provision  made  in  the  constitution  of  the 
Council  for  a  representation  from  the  Territories,  shows, 
indeed,  that  the  widest  extension  of  the  Order  is  contem 
plated. 

In  the  States  first  mentioned  the  Order  is  most  strongly 
entred  at  the  following  places,  Avhere  are  situated  its 
principal  "  Temples."  In  Indiana,  at  Indianapolis  and  Vin- 
:ennes;  in  Illinois,  at  Chicago,  Springfield,  and  Quincy,  (a 
arge  proportion  of  the  lodges  in  and  about  the  latter  place 
laving  been  founded  by  the  notorious  guerilla  chief.  Jack- 
man;)  in  Ohio,  at  Cincinnati,  Dayton,  and  in  Hamilton 
county,  (which  is  proudly  termed  by  members  "  the  South 
Carolina  of  the  North ;")  in  Missouri,  at  St.  Louis ;  in  Ken 
tucky,  at  Louisville ;  and  in  Michigan,  at  Detroit,  (whence 
communication  was  freely  had  by  the  leaders  of  the  Order 
with  Vallandigham  during  his  banishment,  either  by  letters 
addressed  to  him  through  two  prominent  citizens  und 
niembers  of  the  Order,  or  by  personal  interviews  at  Wind 
sor,  C.  W.)  It  is  to  be  added  that  the  regular  places  of 
meeting,  as  also  the  principal  rendezvous  and  haunts  of  the 
members  iu  these  and  less  important  places,  are  generally 
well  known  to  the  Government. 

The  actual  numbers  of  the  Order  have,  it  is  believed, 
lever  been  officially  reported,  and  cannot,  therefore,  be 
accurately  ascertained.  Various  estimates  have  been  made 
by  leading  members,  some  of  which  are  no  doubt  consider 
ably  exaggerated.  It  has  been  asserted  by  delegates  to  the 
Supreme  Councd  of  February  last,  that  the  number  was 
there  represented  to  be  from  800,000  to  1,000,000;  but  Val 
landigham,  in  his  speech  last  summer  at  Dayton,  Ohio, 
placed  it  at  500,000,  which  is  probably  much  nearer  the 
true  total.  The  number  of  its  members  in  the  several 
States  has  been  differently  estimated  in  the  reports  and 
statements  of  its  officers.  Thus,  the  force  of  the  Order  in 
Indiana  is  stated  to  be  from  75,000  to  125,000;  in  Illinois, 
from  100,000  to  140,000 ;  in  Ohio,  from  80,000  to  103,000 ;  in 
Kentucky,  from  40,000  to  70,000;  in  Missouri,  from  20,000 
to  40,000;  and  in  Michigan  and  New  York,  about  20,000 
each.  Its  representation  in  the  other  States  above  men 
tioned  does  not  specifically  appear  from  the  testimony; 
but,  allowing  for  every  exaggeration  in  the  figures  reported, 
they  may  be  deemed  to  present  a  tolerably  faithful  view  of 
what,  at  least,  is  regarded  by  the  Order  as  its  true  force  in 
the  States  designated. 

It  is  to  be  noted  that  the  Order,  or  its  counterpart,  is 
probably  much  more  widely  extended  at  the  South  even 
than  at  the  North,  and  that  a  largo  proportion  of  the  offi- 
:ersof  the  rebel  army  are  represented  by  credible  witnesses 


Mr.  Vallandigham'e  notice  of  this  report,  see  page  423. 


to  be  members.    In  Kentuc 


e  represen 
ntucky  an 


Missouri  the  Order  has 


not  hesitated  to  admit  as  members,  not  only  officers  of  that 
army,  but  also  a  considerable  number  of  guerillas,  a  class 
who  might  be  supposed  to  appreciate  most  readily  its  spirit 
and  purposes.  It  is  fully  shown  that  as  lately  as  in  July 
last  several  of  these  ruffians  were  initiated  into  the  first 
degree  by  Dr.  Kalfus,  in  Kentucky. 

IV.  —  ITS  ARMED  FORCE. 

A  review  of  the  testimony  in  regard  to  the  armed  force 
of  the  Order  will  materially  aid  in  determining  its  real 
strength  and  numbers. 

Although  the  Order  has  from  the  outset  partaken  of  the 
military  character,  it  was  not  till  the  summer  or  fall  of 
18G3  that  it  began  to  be  generally  organized  as  an  armed 
body.  Since  that  date  its  officers  and  leaders  have  been 


448 


APPENDIX. 


busily  engaged  in  placing  it  upon  a  military  basis,  and  in  . 
preparing  it  for  a  revolutionary   movement.    A  general  i 
i-.y  ti-in  of  drilling  has  been  instituted  and  secretly  carried  ! 
0;Vt.      Members    have  been    instructed   to  be  constantly  ! 
provided  with  weapons,  and  in  some  localities  it  has  been 
absolutely  required  that  each  member  should  keep  at  his 
residence,  at  all  times,  certain  arms  and  a  specified  quanti 
ty  of  ammunition. 

lii  March  last  the  entire  armed  force  of  the  Order,  capa 
ble  of  being  mobilized  for  effective  service,  was  repre 
sented  to  be  340,000  men.  As  the  details  upon  which  this 
Ktateineut  was  based  are  imperfectly  set  forth  in  the  testi 
mony,  it  is  not  known  how  far  this  number  may  be  exag 
gerated.  It  is  abundantly  shown,  however,  that  the  Order, 
!>y  means  of  a  tax  levied  upon  its  members,  has  accumu 
lated  considerable  funds  1'or  the  purchase  of  arms  and 
ammunition,  and  that  these  have  been  procured  in  large 
quantities  for  its  use.  The  witness  Clayton,  on  the  trial  of 
Dodd,  estimated  that  two-thirds  of  the  Order  are  furnished 
with  arms. 

Green  B.  Smith,  Grand  Secretary  oi  the  Order  in  Mis 
souri,  states  in  his  confession  of  July  last:  ''I  know  that 
arms,  mostly  revolvers,  and  ammunition  have  been  pur 
chased  by  members  in  St.  Louis  to  send  to  members  in  the 
country  where  they  could  not  be  had;"  and  he  subse 
quently  adds  that  he  himself  alone  clandestinely  pur 
chased  and  forwarded,  between  April  loth  and  19th  last, 
about  200  revolvers,  with  5,000  percussion  caps  and  other 
ammunition.  A  musttr-roll  of  one  of  the  country  lodges 
of  that  State  is  exhibited,  in  which,  opposite  the  'name  of 
each  member,  are  noted  certain  numbers,  under  the  heads 
of  "Missouri  Republican,"  "  St.  Louis  Union,''  "  Arizeigcr," 
•'Miscellaneous  Periodicals,"  "Books,"  " Speeches,"  and 
"  Reports ;"  titles  which,  when  interpreted,  severally  sig 
nify  single-barrelled  guns,  double-barrelled  guns,  revolvers, 
private  ammunition,  jjrivate  lead,  company  powder,  compa 
ny  lead — the  roll  thus  actually  setting  forth  the  amount  of 
arms  and  ammunition  in  the  possession  of  the  lodge  and  its 
members. 

In  the  States  of  Ohio  and  Illinois  the  Order  is  claimed  by 
its  members  to  be  unusually  well  armed  with  revolvers, 
carbines,  £c.;  but  it  is  in  regard  to  the  arming  of  the  Order 
in  Indiana  that  the  principal  statistics  have  been  presented, 
and  these  may  servo  to  illustrate  the  system  which  has 
probably  been  pursued  in  most  of  the  States.  One  intelli 
gent  witness,  who  has  been  a  member,  estimates  that  in 
March  last  there  were  in  possession  of  the  Order  in  that 
State  6.000  muskets  and  60,000  revolvers,  besides  private 
arms.  Another  member  testilies  that  at  a  single  lodge 
meeting  of  two  hundred  and  fifty-two  persons,  which  he 
attended  early  in  the  present  year,  the  sum  of  i?4,000  -was 
subscribed  for  arms.  Other  members  present  statements  in 
reference  to  the  number  of  arms  in  their  respective  counties, 
and  all  agree  in  representing  that  these  have  been  con 
stantly  forwarded  from  Indianapolis  into  the  interior. 
Beck  &  Brothers  are  designated  as  the  firm  in  that  city  to 
which  most  of  the  arms  were  consigned.  These  were 
shipped  principally  from  the  East ;  some  packages,  however, 
were  sent  from  Cincinnati,  and  some  from  Kentucky,  and 
the  boxes  were  generally  marked  •'  pick-axes/'  "  hardware," 
"  nails,"  "  household  goods,"  &c. 

General  Carrington  estimates  that  in  February  and 
March  last,  nearly  oO.OOO  guns  and  revolvers  entered  the 
State,  and  this  estimate  is  based  upon  actual  inspection  of 
invoices.  The  true  number  introduced  was  therefore  pro 
bably  considerably  greater.  That  officer  adds  that  on  the 
day  in  which  the  sale  of  arms  was  stopped  by  his  order,  in 
Indianapolis,  nearly  1,000  additional  revolvers  had  been 
contracted  for,  and  that  the  trade  could  not  supply  the  de 
mand.  Ho  further  reports  that  after  the  introduction  of 
arms  into  the  Department  of  the  North  had  been  prohibited 
in  General  Orders  of  March  last,  a  seizure  was  made  by  the 
Government  of  a  large  quantity  of  revolvers  and  1:J5,000 
rounds  of  ammunition,  which  had  been  shipped  to  the  firm 
in  Indianapolis,  of  which  II.  II.  Dodd,  Grand  Commander, 
was  a  member ;  that  other  arms  about  to  be  shipped  to  the 
same  destination  were  seized  in  New  York  city  ;  and  that 
all  these  were  claimed  as  the  private  property  of  John  C. 
Walker,  one  of  the  Major  Generals  of  the  Order  in  Indiana, 
and  were  represented  to  have  been  '•  purchased  for  a  few 
friends."  It  should  also  be  stated  that  at  the  office  of  lion. 
D.  W.  Voorhees,  M.  C.,  at  Terre  Haute,  were  discovered  let 
ters  which  disclosed  a  correspondence  between  him  and  ex- 
Senator  Wall,  of  Now  Jersey,  in  regard  to  the  purchase  of 
1*1,000  Garibaldi  rifles,  to  be  forwarded  to  the  West. 

It  appears  in  the  course  of  the  testimony  that  a  consider 
able  quantity  of  arms  and  ammunition  were  brought  into 
the  State  of  Illinois  from  Burlington,  Iowa,  and  that  am 
munition  was  sent  from  New  Albany,  Indiana,  into  Ken 
tucky  ;  it  is  also  represented  that,  had  Vallandigham  been 
arrested  on  his  return  to  Ohio,  it  was  contemplated  fur 
nishing  the  Order  with  arms  froni  a  point  in  Canada,  near 
Windsor,  where  they  were  stored  and  ready  for  use. 
There  rgmains  further  to  be  noticed,  fn  this  connexion, 


the  testimony  of  Clayton  upon  the  trial  of  Dodd,  to  the 
effect  that  arms  were  to  be  furnished  the  Order  from  Nas 
sau,  N.  P.,  by  way  of  Canada;  that,  to  defray  the  expense 
of  these  arms  or  their  transportation,  a  tbrmal  assessment 
was  levied  upon  the  lodges,  but  that  the  transportation 
into  Canada  was  actually  to  be  furnished  by  the  Confed 
erate  authorities. 

A  statement  was  made  by  Hunt,  Grand  Commander  of 
Missouri,  before  his  arrest,  to  a  fellow  member,  that  shells 
and  all  kinds  of  munitions  of  war,  as  we.l  as  infernal  ma 
chines,  were  manufactured  by  the  Order  at  Indianapolis; 
and  the  Jate  discovery  in  Cincinnati  of  samples  of  hand- 
grenades,  conical  shells,  and  rockets,  of  which  one  thou 
sand  wore  about  to  be  manufactured,  under  a  special  con 
tract,  for  the  0.  S.  L.,  goes  directly  to  verify  such  a  state 
ment. 

These  details  will  convey  some  idea  of  the  attempts 
which  have  been  made  to  place  the  Order  upon  a  war  foot 
ing  and  prepare  it  for  aggressive  movements.  But,  not 
withstanding  all  the  efforts  that  have  been  put  forth,  and 
with  considerable  success,  to  arm  and  equip  its  members 
as  lighting  men,  the  leaders  have  felt  themselves  still  very 
deficient  in  their  armament,  and  numerous  schemes  for  in 
creasing  their  armed  strength  have  been  devised.  Thus, 
at  the  limy  of  the  issuing  ol  the  general  order  in  Missouri 
requiring  the  enrollment  of  all  citizens,  it  was  proved  in 
the  lodges  of  the  0.  A.  K.,  at  St.  Louis,  that  certain  mem 
bers  should  raise  companies  in  the  militia,  in  their  resp'-c- 
tive  wards,  and  thus  get  command  of  as  many  Government 
arms  and  equipments  as  possible,  for  the  future  use  of  the 
Order.  Again  it  was  proposed  that  aMlhe  members  should 
enroll  themselves  in  the  militia,  instead  of  paying  commu 
tation,  in  this  way  obtaining  possession  Of  United  States 
arms,  and  having  the  advantage  of  the  drill  aud  military 
instruction.  In  the  councils  of  the  Order  in  Kentuckv,  in 
June  last,  a  scheme  was  devised  for  disarming  all  tue  negro 
troops,  which  it  was  thought  could  be  done  without  much 
difficulty,  and  appropriating  their  arms  for  military  pur 
poses. 

The  despicable  treachery  of  these  proposed  plans,  as 
evincing  the  animus  of  the  conspiracy,  need  not  be  com 
mented  upon. 

It  is  to  be  observed  that  the  Order  in  the  State  of  Missouri 
has  counted  greatly  upon  support  from  the  enrolled  mili 
tia,  incase  of  an  invasion  by  Price,  as  containing  many 
members  and  friends  of  the  0.  A.  K.  ;  and  that  the  "  Paw- 
Paw  militia,"  a  military  organization  of  Buchanan  county, 
us  well  as  the  militia  of  Platte  and  Clay  counties,  known  as 
"  Flat  Foots,"  have  been  relied  upon,  almost  to  a  man,  to 
join  the  revolutionary  movement. 

V.— ITS  RITUAL,  OATHS,  AND  INTERIOR  FORMS. 

The  ritual  of  the  Order,  as  well  as  its  secret  signs,  pass 
words,  &c.,  has  been  fully  made  known  to  the  military  au 
thorities.  In  August  last  one  hundred  and  twelve  copies  ol 
the  ritual  of  the  0.  A.  K.  were  seized  in  the  office  of  Hon. 
D  W.  Voorhees,  M.  C.,  at  Terre  Haute,  and  a  large  numbf  r 
of  rituals  of  the  0.  S.  L.,  together  with  copies  of  the  Constitu 
tions  of  the  councils,  &c.,  already  referred  to,  were  found 
in  the  building  at  Indianapolis,  occupied  by  Dodd,  the 
Grand  Commander  of  Indiana,  as  had  been  indicated  by 
the  Government  witness  and  detective,  Stidger.  Copies 
were  likewise  discovered  at  Louisville,  at  the  residence  of 
Dr.  Kalfus,  concealed  within  the  mattress  of  his  bed,  where 
Stidger  had  ascertained  that  they  were  kept. 

The  ritual  of  the  0.  A.  K.  has  also  been  furnished  by  the 
authorities  at  St.  Louis.  From  the  ritual,  that  of  the  0.  S.  L. 
does  not  materially  differ.  Both  are  terined  "progressive," 
in  that  they  provide  for  five  separate  degrees  of  member 
ship,  and  contemplate  the  admission  of  a  member  of  a  lower 
degree  into  a  higher  one  only  upon  certain  vouchers  and 
proofs  of  fitness,  which,  with  each  ascending  degree,  are 
required  to  be  stronger  and  more  imposing. 

Each  degree  has  its  commander  or  head :  the  Fourth  or 
"Grand"  is  the  highest  in  a  State:  the  Fifth  or  "Supreme'1 
the  highest  in  the  United  States;  but  to  the  first  or  lower 
degree  only  do  the  great  majority  of  members  attain.  A 
large  proportion  of  these  enter  the  Order,  supposing  it  to 
be  a  "  Democratic  "  and  political  association  merely ;  and 
the  history  of  the  Order  furnishes  a  most  striking  illustra 
tion  of  the  gross  and  criminal  deception  which  may  be 
practiced  upon  the  ignorant  masses  by  unscrupulous  'and 
unprincipled  leaders.  The  members  of  the  lower  degree 
are  often  for  a  considerable  period  kept  quite  unaware  of 
the  true  purposes  of  their  chiefs.  But  to  the  latter  they 
are  bound,  in  the  language  of  their  obligation, "  to  i/i>t<l 
prompt  and  implicit  obedience  to  the  utmost  of  their  «/'///,' //, 
without  remonstrance,  hesitation,  or  delay,"  and  meanwhile 
their  minds,  under  the  discipline  and  teachings  to  which 
they  are  subjected,  become  educated  and  accustomed  to 
contemplate  with  comparative  unconcern  the  treason  for 
which  they  are  preparing. 

The  oaths,  "invocations,"  "charges,"  &c.,  of  the  ritual, 
expressed  as  theyareinbombaetic  and  extravagant  phrase- 


APPENDIX. 


449 


ology,  would  excite  in  the  mind  of  an  educated  person  only 
ridicule  and  contempt,  but  upon  the  illiterate  they  are  cal 
culated  to  make  a  deep  impression,  the  effect  and  import 
ance  of  which  were  doubtless  fully  studied  by  the  trainers 
of  the  instrument. 

The  oath  which  is  administered  upon  the  introduction  of 
a  member  into  any  degree  is  especially  imposing  in  its  lan 
guage;  it  prescribes  as  a  penalty  for  a  violation  of  the 
obligation  assumed  "  a  shameful  death,"  and  further,  that 
the  body  of  the  person  guilty  of  such  violation  shall  be 
divided  into  four  parts  and  cast  out  at  the  four  "  gates  "  of 
the  Temple.  Not  only,  as  has  been  said,  does  it  enjoin  a 
blind  obedience  to  the  commands  of  the  superiors  of  the 
Order,  but  it  ia  required  to  be  held  of  paramount  obligation 
to  any  oath  which  may  be  administered  to  a  member  in  a 
court  of  justice  or  elsewhere.  Thus,  in  cases  where  mem 
bers  have,  been  sworn  by  officers  empowered  to  administer 
oaths  to  speak  the  whole  truth  in  answer  to  questions  that 
may  beput  to  them,and  have  then  been  examined  in  reference 
to  the  Order,  and  their  connection  therewith,  they  have  not 
only  refused  to  give  any  information  in  regard  to  its  char 
acter,  but  have  denied  that  they  were  members,  or  even 
that  they  knew  of  its  existence.  A  conspicuous  instance 
of  this  is  presented  in  the  cases  of  Hunt.  Dunn,  and  Smith, 
the  chief  officers  of  the  Order  in  Missouri,  who,  upon  their 
first  examination  under  oath,  after  their  arrest,  denied  all 
connection  with  the  Order,  but  confessed,  also  under  oath, 
at  a  subsequent  period,  that  this  denial  was  wholly  false, 
although  in  accordance  with  their  obligations  as  members. 
Indeed,  a  deliberate  system  of  deception  in  regard  to  the 
details  of  the  conspiracy  is  inculcated  upon  the  members, 
sind  studiously  pursued;  and  it  may  be  mentioned,  as  a 
similarly  despicable  feature  of  the  organization,  that  it  is 
held  bound  to  injure  the  Administration  and  officers  of  the 
Government,  in  every  possible  manner,  by  misrepresenta 
tion  and  falsehood. 

Members  are  also  instructed  that  their  oath  of  irember- 
fchip  is  to  be  held  paramount  to  an  oath  of  allegiance,  or 
any  other  oath  which  may  impose  obligations  inconsistent 
with  those  which  are  assumed  upon  entering  the  Order. 
Thus,  if  a  member,  when  in  danger,  or  for  the  purpose  of 
facilitating  some  traitorous  design,  has  taken  the  oath  of 
allegiance  to  the  United  States,  he  is  held  at  liberty  to 
violate  it  on  the  first  occasion,  his  obligation  to  the  Order 
being  deemed  superior  to  any  consideration  of  duty  or  loy 
alty  prompted  by  such  oath. 

It  is  to  be  added  that  where  members  are  threatened  with 
the  penalties  of  perjury,  in  case  of  their  answering  falsely 
to  questions  propounded  to  them  in  regard  to  the  Order 
before  a  court  or  grand  jury,  they  are  instructed  to  refuse 
to  answer  such  questions,  alleging,  as  a  ground  for  their 
refusal,  that  their  answers  may  criminate  themselves.  The 
testimony  shows  that  this  course  has  habitually  been  pur 
sued  by  members,  especially  in  Indiana,  when  placed  in 
such  a  situation. 

Besides  the  oaths  and  other  forms  and  ceremonies  which 
have  been  alluded  to,  the  ritual  contains  what  are  termed 
"  Declarations  of  Principles."  These  declarations,  which 
are  most  important  as  exhibiting  the  creed  and  character 
of  the  Order,  as  inspired  by  the  principles  of  the  rebellion, 
will  be  fully  presented  under  the  next  branch  of  the  sub 
ject. 

The  signs,  signals,  passwords,  Ac.,  of  the  Order  are  set 
forth  at  length  in  the  testimony,  but  need  only  be  briefly 
alluded  to.  It  is  a  significant  fact,  as  showing  the  intimate 
relations  between  the  Northern  and  Southern  sections  of 
the  secret  conspiracy,  that  a  member  from  a  Northern  State 
is  enabled  to  pass  without  risk  through  the  South  by  the 
use  of  the  signs  of  recognition  which  have  been  established 
throughout  the  Order,  and  by  means  of  which  members 
from  distant  points,  though  meeting  as  strangers,  are  at 
once  made  known  to  each  other  as  "  brothers.''  Mary  Ann 
Pitman  expressly  states  in  her  testimony  that  whenever 
important  despatches  arc  required  to  be  sent  by  rebel  gen 
erals  beyond  their  lines,  members  of  the  Order  are  always 
selected  to  convey  them.  Certain  passwords  are  also  used 
111  common  in  both  sections,  and  of  these,  none  appears  to 
be  more  familiar  than  the  word  "  Nu'-oh-lac,"  or  the  name 
"Calhouu"  spelt  backward,  and  which  is  employed  upon 
entering  a  Temple  of  the  first  degrct>  of  the  0.  A.  K. — cer 
tainly  a  fitting  password  to  such  denii  of  treason. 

liesidc  the  signs  of  recognition,  there  are  siyns  of  warning 
and  danger,  for  use  at  night  as  well  as  by  day;  as.  for 
instance,  signs  to  warn  members  of  the  approach  of  United 
!•  tales  officials  seeking  to  mako  arrests.  The  Order  has  also 
established  what  are  called  battle-siynals,  by  means  of  which, 
{us  it  is  asserted,  a  member  serving  in  the  army  may  com 
municate  with  the  enemy  in  the  Held,  and  thus  escape  per 
sonal  harm  in  case  of  attack  or  capture.  The  most  recent 
of  these  signals  represented  to  have  been  adopted  is  a  live- 
pointed  copper  star,  worn  under  the  coat,  which  is  to  be 
disclosed  upon  meeting  an  en'-my,  who  will  thus  recognize 
in  the  wearer  a  sympathizer  and  an  ally.  A  similar  star  of 
German  silver,  hung  in  a  frame,  ia  said  to  bo  numerously 
29 


displayed  by  members  or  their  families  in  private  houses  in 
Indiana,  for  the  purpose  of  insuring  protection  to  their 
property  in  case  of  a  raid  or  other  attack;  and  it  is  stated 
that  in  many  dwellings  in  that  State  a  portrait  of  John 
Morgan  is  exhibited  for  a  similar  purpose. 

Other  signs  are  used  by  members,  and  especially  the 
officers  of  the  Order  in  their  correspondence.  Their  letters, 
when  of  an  official  character,  aro  generally  conveyed  by 
special  messengers., but  when  transmitted  through  the  mail 
are  usually  in  cipher.  When  written  in  the  ordinary  man 
ner,  a  character  at  the  foot  of  the  letter,  consisting  of  a 
circle  with  a  line  drawn  across  the  centre,  signifies  to  the 
member  who  receives  it  that  the  statements  as  written  are 
to  be  understood  in  a  sense  directly  the  opposite  to  that 
which  would  ordinarily  be  conveyed. 

It  is  to  be  added  that  the  meetings  of  the  Order,  espe 
cially  in  the  country,  are  generally  held  at  night  and  in 
secluded  places,  and  that  the  approach  to  them  is  carefully 
guarded  by  a  line  of  sentinels,  who  are  passed  only  by 
means  of  a  special  countersign,  which  is  termed  the 
"picket." 

VI.— ITS    WRITTEN   PRINCIPLES. 

The  "Declaration,  of  Principles,'"  which  is  set  forth  in  the 
ritual  of  the  Order,  has  already  been  alluded  to.  This  de 
claration,  which  is  specially  framed  for  the  instruction  of 
the  great  mass  of  members,  commences  with  the  following 
proposition : 

"All  men  are  endowed  by  the  Creator  with  certain  rights, 
equal  as  far  as  there  is  equality  in  the  capacity  for  the  ap 
preciation,  enjoyment,  and  exercise  of  those  rights."  And 
subsequently  there  is  added :  ''  In  the  Divine  economy  no 
individual  of  the  human  race  must  be  permitted  to  encum 
ber  the  earth,  to  mar  its  aspects  of  transcendent  beauty, 
nor  to  impede  the  progress  of  the  physical  or  intellectual 
man,  neither  in  himself  nor  in  the  race  to  which  he  belongs. 
Hence,  a  people,  upon  whatever  plane  they  may  be  found 
in  the  ascending  scale  of  humanity,  whom  neither  the  di 
vinity  within  them  nor  the  inspirations  of  divine  and 
beautiful  nature  around  them  can  impel  to  virtuous  action 
and  progress  onward  and  upward,  should  be  subjected  to  a 
just  and  humane  servitude  and  tutelage  to  the  superior 
race  until  they  shall  be  able  to  appreciate  the  benefits  and 
advantages  of  civilization." 

Here,  expressed  in  studied  terms  of  hypocrisy,  is  the 
whole  theory  of  human  bondage — the  right  of  the  strong, 
because  they  are  strong,  to  despoil  and  enslave  the  weak, 
because  they  arc  weak !  The  languages  of  earth  can  add 
nothing  to  the  cowardly  and  loathsome  baseness  of  the  doc- 
triue,  as  thus  announced.  It  is  the  robber's  creed,  sought 
to  be  nationalized,  and  would  push  back  the  hand  on  the 
dial  plate  of  our  civilization  to  the  darkest  periods  of  hu 
man  Listory.  It  must  be  admitted,  however,  that  it  furn 
ishes  a  fitting  li  corner-stone"  for  the  government  of  a  re 
bellion,  every  fibre  of  whose  body  and  every  throb  of  whoso 
soul  is  born  of  the  traitorous  ambition  and  slave-pen  inspi 
rations  of  the  South. 

To  these  detestable  tenets  is  added  that  other  pernicious 
political  theory  of  State  sovereignty,  with  its  necessary 
fruit,  the  monstrous  doctrine  of  secession — a  doctrine  which, 
in  asserting  that  in  our  federative  system  a  part  is  greater 
than  the  whole,  would  compel  the*  General  Government, 
like  a  Japanese  slave,  to  commit  hari-kari  whenever  a  Ruth 
less  or  insolent  State  should  command  it  to  do  so. 

Thus,  the  ritual,  after  reciting  that  the  States  of  the 
Union  are  "  free,  independent,  and  sovereign,"  proceeds  as 
follows : 

••  The  government  designated  '  The  United  States  of 
America'  has  no  sovereignty,  because  that  is  an  attribute 
with  which  the  people,  in  "their  several  an  I  distinct  politi 
cal  organizations,  are  endowed  and  is  inalienable.  It  was 
constituted  by  the  terms  of  the  compact,  by  all  the  States, 
through  the  express  will  of  the  people  thereof,  respectively 
— a  common  agent,  to  use  and  exercise  certain  named,  spe 
cified,  defined,  and  limited  powers  which  are  inherent  of 
the  sovereignties  within  those  States.  It  is  permitted,  so 
far  as  regards  its  status  and  relations,  as  common  agent  in 
the  exercise  of  the  powers  carefully  and  jealously  delega 
ted  to  it,  to  call  itself 'supreme,'  but  not '  sovereign.'  In 
accordance  with  the  principles  upon  which  is  founded 
the  American  theory,  government  can  exercise  only  delega 
ted  power ;  hence,  if  those  who  shall  have  been  chosen  to 
administer  the  government  shall  assume  to  exercise  power.* 
not  delegated,  they  should  be  regarded  and  treated  as  iisur- 
perg.  The  reference  to  '  inherent  power,'  '  war  power,'  or 
'  military  necessity,'  on  the  part  of  the  functionary  for  the 
sanction  of  an  arbitrary  exercise  of  power  by  him,  we  will 
not  accept  in  palliation  or  excuse." 

To  this  is  added,  us  a  corollary,  "  it  is  incompatible  with 

the  history  and  nature  of  our  system  of  government  that 

i  Federal  authority  should  coerce  by  arms  a  sovereign  8tato." 

The  declaration  of  principles,  however,  does  not  stop  hero, 
i  but  proceeds  one  step  further,  ;is  follows : 
I     "  Whenever  the  chosen  officers  or  delegates  shall  fail  or 


450 


APPENDIX. 


refuse  to  administer  the  OoTOrnment  in  strict  accordance  \  general  purpose  of  co-operating  with  the  rebellion  maj 
with  the  letter  of  the  accepted  Constitution,  it  is  the  iuhe-  j  readily  be  inferred,  and,  in  fact,  those  principles  could  lo<:i- 
rent  right  and  the  solemn  and  imperative  duty  of  tho  peo-  cally  lead  to  no  other  result.  This  general  purpose,  indeed, 
ploto  reaitt  the  functionaries,  and,  if  need  be,  to  expel  tfiem  \  is  distinctly  set  forth  in  the  personal  statementa  and  con- 
by  fort-e  of  anna !  Such  resistance  is  not  revolution,  but  j  fessions  of  its  members,  and  particularly  of  its  prominent 
tue  assertion  of  right — the  exercise  of  all  the  no-  j  officers,  who  have  been  induced  to  make  disclosures  to  the 

Government.  Among  tho  most  significant  of  these  con- 
t'i •.— ioiiH  are  those  already  alluded  to,  of  Hunt,  Dunn,  and 
Smith,  the  heads  of  tho  order  in  Missouri.  The  latter, 


bio  attributes   which  impart  honor  and  dignity  to  man 
hood."  • 

To  uie  same  effect,  though  in  a  milder  tone,  is  the   plat 


form  of  the  order  in  Indi  uia.  put  forth  by  the  Grand  Conn-  I  whose  statement  is  full  and  explicit,  say-  :  "At  the  time  I 
cil  at  their  meeting  in  February  lust,  which  declares  joined  the  Order  I  understood  that  its  object  was  to  aid 
that  '•  the  right  to  alter  or  abolish  their  government,  when-  and  as>i.st  the  Confedorat  •  Government, and  endeavor  to 
ever  it  fails  to  secure  the  blessings  of  liberty,  is  one  of  the 
inalienable  rights  of  the  ptople  that  can  nevoi  be  surren 
dered." 

Such,  then,  are  the  principles  which  the  new  member 
swears  to  observe  and  abide  by  in  his  obligation,  set  forth 
in  the  riiual,  where  he  says  :  "  I  do  solemnly  promise  that 
I  wiil  ever  cherish  in  my  heart  of  hearts  the  sublime  crted 
of  the  E.  K.,  (Excellent  Knights,)  and  will,  so  far  as  in  me 
lies,  illustrate  the  same  in  my  intercourse  with  men,  and 
will  defend  the  principles  thereof,  if  need  be,  with  my  life, 
whensoever  assailed,  in  iny  own  country  first  of  all.  I  do 
further  solemnly  declare  that  I  will  never  take  up  arms  in 
behalf  of  any  government  which  does  not  acknowledge  the 
:hority  or  power  to  be  the  will  of  the  governed." 


sole  authority  or  po\ 
The  following  extracts  from   the 


ritual    may  also   be 


quoted  as  illustrating  the  principle  of  tho  right  of  revolu 
tion  and  resistance  to  constituted  authority  insisted  upon 
by  the  Order : 

"Our  swords  shall  be  unsheathed  whenever  the  great 
principles  which  we  aim  to  inculcate  and  have  sworn  to 
maintain  and  defend  are  assailed." 

Again:  "I  do  solemnly  promise,  that  whensoever  the 
principles  which  our  Order  inculcates  shall  be  assailed  in  my 
own  State  or  country,  I  will  defend  these  principles  with 
my  sword  and  my  life,  in  whatsoever  capacity  may  be  as 
signed  mo  by  the  competent  authority  of  our  Order." 


m 

o  promise  that   1   will,  at  all  times,  if 
in 


sgne    mo  by 

And  further  :  "  I 

need  be,  take  up  arms  in  the  cause  of  the  oppressed  —  in  my 
own  country  first  of  all—  against  any  power  or  government 
usurped,  which  may  be  found  in  arms  and  waging  war 
against  a  people  or  peoples  who  are  endeavoring  to  estab 
lish,  or  have  inaugurated,  a  government  for  themselves  of 
their  own  free  choice." 

Moreover,  it  is  to  be  noted  that  all  the  addresses  and 
speeches  of  its  leaders  breathe  the  same  principle,  of  the 
right  of  forcible  resistance  to  the  Government,  as  one  of 
the  tenets  of  the  Order. 

Thus  P.  C.  Wright,  Supreme  Commander,  in  his  general 
address  of  December,  18Go,  alter  urging  that  "  the  spirit  of 
the  fathers  may  animate  the  free  minds,  the  brave  hearts, 
and  still  unshackled  limbs  of  the  true  democracy,''  (mean 
ing  the  members  of  the  Order.)  adds  as  follows  :  "  To  be 
prepared  for  the  crisis  now  approaching,  we  must  catch 
from  afar  the  earliest  and  faintest  breathings  of  the  spirit 
of  the  storm  ;  to  be  successful  when  the  storm  comes,  we 
must  be  watchful,  patient,  brave,  confident,  organized, 
armed" 

Thus,  too,  Dodd,  Grand  Commander  of  the  Order  in  Indi 
ana,  (nioting,  in  his  address  of  February  last,  the  views  of 
his  chief,  Yallandigham,  and  adopting  them  as  his  own, 
siiys  i 

'"  He  (Vallandigham)  judges  that  the  Washington  power 
will  not  yield  up  its  power  until  it  is  taken  from  them  by 
an  indignant  people  by  force  of  arms." 

Such,  then,  are  the  written  principles  of  the  Order  in 
structed,  and  which  heis_s; 


which  the  neophyte  is  ins 


sworn  to 

cherish  and  observe  as  his  rule  of  action,  when,  with  arms 
placed  in  his  hands,  he  is  called  upon  to  engage  in  the  over 
throw  of  his  Government.  This  declaration— first,  of  the 
absolute  right  of  slavery  ;  second,  of  State  sovereignty  and 
the  right  of  secession ;  third,  of  the  right  of  armed  resist 
ance  to  constituted  authority  on  the  part  of  the  disaffected 
ami  the  disloyal,  whenever  their  ambition  may  prompt 
them  to  revolution— Is  but  an  assertion  of  that  abominable 
theory  which,  from  its  first  enunciation,  served  as  a  pretext 
for  conspiracy  after  conspiracy  against  the  Government  on 
tho  part  of  Southern  traitors,  until  their  detestable  plot 
ting  culminated  in  open  rebellion  and  bloody  civil  war. 
What  more  appropriate  password,  therefore,  to  be  commu 
nicated  to  the  new  member  upon  his  first  admission  to  tho 
secrets  of  tho  Order  could  have  been  conceived  than  that 
which  was  actually  adopted— "  Calhoun !"— a  man  who, 
battled  in  his  lust  for  power,  with  gnashing  teeth  turned 
upon  the  Government  that  had  lifted  him  to  its  highest 
he  nors,  and  upon  the  country  that  had  borne  him,  and 
down  to  the  verycnWof  his  fevered  life  labored  incessantly 
to  scatter  far  and  wide  the  seeds  of  that  poison  of  death 
now  upon  our  lips.  The  thorns  which  now  pierce  an  1  tear 
us  are  of  the  tree  he  planted. 

VII.— ITS  SPECIFIC   PCKPOSES   AND  OPERATIONS. 


rtore  Mi"  I'nioM  ::s  it  war,  prior  to  this  rebellion."  Ho 
adds:  "The  Order  is  hostile  in  every  respect  to  the  General 
Government,  and  friendly  to  the  so-called  Confederate  Gov 
ernment.  It  is  exclusively  made  up  of  disloyal  persons — 
of  all  Democrats  who  are  desirous  of  securing  the  independ 
ence  of  the  Confederate  States  with  a  view  of  restoring  tho 
Union  as  it  was." 

It  would  be  idle  to  comment  on  such  gibberish  as  the 
tatement  that  "the  independence  of  the  Confederate 
States"  was  to  be  used  as  the  means  of  restoring  "the  Union 
as  it  was ;"  and  yet,  under  the  manipulations  of  these  trait- 
rous  jugglers,  doubtless  the  brains  of  many  have  been  so 
far  muddled  as  to  accept  this  shameless  declaration  as  true. 

But  proceeding  to  the  specific  purposes  of  the  Order,  which 
its  leaders  have  had  in  view  from  the  beginning,  and  which, 
as  will  be  seen,  it  has  been  able,  in  many  cases,  to  carry  out 
with  very  considerable  success,  tho  following  are  found  to 
bo  most  pointedly  presented  by  tha  testimony: 

1.  Aiding  SMiers  to  Desert  and  Harboring  and  Protect 
ing  Deserters. — Early  in  its  history  the  Order  essayed  to 
undermine  such  portions  of  the  army  as  were  exposed  to  its 
insidious  approaches.  Agents  were  sent  by  the  K.  G.  C. 
into  the  camps  to  introduce  the  Order  among  tho  soldiers; 
and  those  who  became  members  were  instructed  to  induce 
as  many  of  their  companions  as  possible  to  desert,  and  for 
this  purpose  the  latter  were  furnished  by  the  Order  with 
money  and  citizens'  clothing.  Soldiers  who  hesitated  at 
desertion,  but  desired  to  leave  the  army,  were  introduced  to 

IMA  leg.ll  piv- 

lis, 

named  Walpolefwho  was  particularly  conspicuous  in  fur 
nishing  facilities  of  this  character  to  soldiers  who  applied  to 
him,  has  boasted  that  he  has  thus  aided  five  hundred  enlisted 
men  to  escape  from  their  contracts.  Through  the  schemes  of 
the  Order  in  Indiana  whole  companies  were  broken  up— .1 
large  detachment  or  a  battery  company,  for  instance,  desert 
ing  on  one  occasion  to  the  enemy  with  two  of  its  guns — and 
the  cimps  were  imbued  with  a  spirit  of  discontent  and  di--u  t  - 
isfaction  with  the  service.  Some  estimate  of  the  success  of 
these  efforts  may  be  derived  from  the  report  of  the  Adju 
tant  General  of  Indiana,  of  January,  in  18&J,  sotting  forth 
that  the  number  of  deserters  and  absentees  returned  to  tho 
army  through  the  po^t  of  Indianapolis  alone,  during  the 
month  of  December,  1862,  was  nearly  two  thousand  six 
hundred. 

As  soon  as  arrests  of  these  deserters  began  to  be  gener 
ally  made,  writs  of  habeas  corpus  were  issued  in  their  cases 
by  disloyal  judges,  and  a  considerable  number  were  dis 
charged  thereon.  In  one  instance  in  Indiana,  where  an  officer 
in  charge  of  a  deserter  properly  refused  to  obey  the  \\rit,  after 
it  had  been  suspended  in  such  cases  by  the  President,  his 
ittachment  for  contempt  was  onlered  by  the  chief  justice 
of  the  State,  who  declared  that  "tho  streets  of  Indianapolis 
might  run  with  blood,  but  that  ho  would  enfor;o  his  au- 
"  On  another  occa- 
t lie  arrests 


lawyers  who  engaged  to  furnish  them 
text  for  so  doing,  and  a 


rnish  them  some  quant  legal  p 
ertain  attorney  of  Indianapo 


thority  against  the  President's  order."  On  anc 
sion  certain  United  States  officers  who  had  made 
of  deserters  in  Illinois  were  themselves  arrested  for  kid 
napping,  and  held  to  trial  by  a  disloyal  judge,  who  at  the 
same  time  discharged  the  deserters,  though  acknowledging 
them  to  be  such. 

Soldiers,  upon  deserting,  were  assured  of  immunity  from 
punishment  and  protection  on  the  part  of  the  Order,  and 
were  instructed  to  bring  away  with  them  their  arms,  and, 
if  mounted,  their  horses.  Details  sent  to  arrest  them  by 
the  military  authorities  were  in  several  cases  forcibly  re 
sisted,  and.  where  not  unusually  strong  in  numbers,  were 
driven  back  by  large  bodies  of  men,  subsequently  generally 
ascertained  to  be  members  of  the  Order.  Where  arrests 
were  effected,  our  troops  were  openly  attacked  and  fired 
upon  on  their  return.  Instances  of  such  attacks  occurring 
in  Morgan  and  Rush  counties,  Indiana,  are  especially 
noticed  by  General  Carrington.  In  tho  cast-  of  tho  out 
break  in  Morgan  county,  J.  S.  Biugham,  editor  of  tho 


Indianapolis  Sentinel,  a  mei 


iber  or  friend  of  the  Order, 


sought  to  forward  to  the  disloyal  newspapers  of  tho  West 
false  and  inflammatory  tele-rapine  dispatches  in  regard  to 
the  affair,  to  the  effect  that  cavalry  had  been  sent  to  arrest 
all  the  Democrats  in  the  county,  that  they  had  committed 
gross  outrages,  and  that  several  citizous  had  be-.-n  shot; 
and  adding  "  ten  thousand  soldiers  cannot  hold  the  men 
arrested  this  night.  Civil  war  and  bloodshed  are  inevita- 
Froui  the  principles  of  the  Order,  as  thus  set  forth,  its  |  ble."  The  assertions  in  this  despatch  were  entirely  false, 


APPENDIX. 


451 


and  m;iy  serve  to  illustrate  the  fact  heretofore  noted,  that 
n  s,-auiu.,s  uiiart>prtMimtatiou  of  tin-  acts  of  the  Govern- 
on,  nt  ;  nd  i:>  offi:e:s  is  a  part  of  the  prescribed  duty  of 
KK-miiers  of  the  O.der.  It  is  proper  to  lueutiou  thut  seve.n 
of  tin'  party  in  Mor-iin  county  whu  mad-  the  attack  upon 
our  troops  were  convicted  of  their  offence  by  a  State  court. 
Upon  tlK-ir  tri.xl  it  wsis  proved  that  the  party  was  composed 
of  members  of  the  K.  G.  0. 

Ouo  of  the  most  pointed  instances  of  protection  afforded 
to  deserters  occurred  in  a  case  in  Indiana,  where  seventeen 
intrenched  themselves  in  a  log  cabin  with  a  ditch  and  pal 
isade,  and  were  furnished  witli  provisions  and  sustained  in 
their  defence  against  our  military  authorities  for  a  consid 
erable  period  by  the  Order  or  its  friends. 

2.  Discouraging  Enlistments  and  Resisting  the  Draft.— 
It  is  especially  inculcated  by  the  Order  to  oppose  the  re-en 
forcement  of  our  armies,  either  by  volunteers  or  drafted 
men.    In  1862  the  Knights  of  the  Golden  Circle  organized 
generally  to  resist  the  draft  in  the  Western  States,  and 
were  strong  enough  in  certain  localities  to  greatly  embar 
rass  the  Government.     In  this   year  and  early  in  1803  a 
number  of  enrolling  officers  were  shot  in  Indiana  and  Illi 
nois.     In  Blackford  county.  Indiana,  an  attack  was  made 
up; Hi  the  court-house,  and  the  books  connected  with  the 
draft  were  destroyed.    In  several  counties  of  the  State 
a  considerable  military  force  was  required  for  the  protection 
of  the  United  States  officials,  and  a  large  number  of  arrests 
were  made,  im-luding  that  of  one  Reynolds,  an  ex-Senator 
of  the  Legislature,  for  publicly  urging  upon  the  populace 
to  resist  the  conscription — an  offence  of  the  same  character, 
in  f.u-t,  as  that  upon  wlrch  Vallandigham  was  apprehended 
in  Ohio.    These  outbreaks  were  no  doubt,  in  most  cases, 
incited  by  tho  Order  and  engaged  in  by  its  members.     In 
Indiana  nearly  200  persons  were  indicted  for  conspiracy 
against  the  Government,  resisting  the  draft,  &c.,  and  about 
dixty  of  these  were  convicted. 

Where  members  <f  the  Order  were  forced  into  the 
army  by  the  draft,  they  were  instructed,  in  case  they  were 
prevented  from  presently  escaping,  and  were  obliged  to  go 
to  the  fu  Id.  to  use  their  arms  against  their  fellow-soldiers 
rather  than  the  enemy,  or  if  possible  to  desert  to  the  enemy, 
by  whom,  through  the  signs  of  the  Order,  they  would  be 
recognized  and  received  as  friends.  Whenever  a  member 
volunteered  in  the  army  he  was  at  once  expelled  from  the 
Order. 

3.  Circulation  of  Disloyal  and  Treasonable  Publications. — 
The  Order,  especially  in   Missouri,  has  secretly  circulated 
throughout  the  country  a  great  quantity  of  treasonable 
publications,  as  a  means  of  extending  its  own  power  and 
influence,  as  well  as  of  giving  encouragement  to  the  disloyal 
and  inciting  them  to  treason.     Of  these,  some  of  the  prin 
cipal  are  the  following:  ''  Pollard's  Southern  History  of  the 
War,"  •'  Official  Reports  of  the  Confederate  Government," 
"Life  of  Stonewall  Jackson,"  Pamphlets  containing  articles 
from  the  '-Metropolitan  Record/'  "Abraham  Africanus,  or 
Mysteries  of  the  White  House,"  "  The  Lincoln  Catechism, 
or  a  Guide  to    the  Presidential  Election  of  1864,"  "Inde 
structible  Organic^,"  by  Tirga.     These  publications  have 
general !y  been  procured  by  formal  requisitions  drawn  upon 
the  grand  commander  by  leading  members  in  the  interior 
of  a  State.     One  of  these  requisitions,  dated  June  10th  last, 
and  drawn  by  a  local  secretary  of  the  Order  at  Gentryville. 
Missouri,  is  exhibited  in  the  testimony.     It  contains  a  .col 
umn  of  the  initials  of  subscribers,  opposite  whose   names 
are  entered  the  number  of  disloyal  publications  to  be  fur 
nished,  the  particular  book  or  books,  &c.,  required  being 
indicated  by  fictitious  titles. 

4.  Communicating  with,  and  Giving  Intelligence   to,  the 
Enemy. — Smith,  Grand  Secretary  of  the  Order  in  Missouri, 
Hays,  in   his  confession :  '•  Rebel  spies,   mail-carriers,  and 
emissaries  have  been  carfully  protected  by  this  Order  ever 
since  I  have  been  a  member."    It  is  shown  in  the  testimony 
to  be  customary  in  the  rebel  service  to  employ  members  of 
the  Order  as  spies,  under  the  guise  of  soldiers  furnished 
with  fin  loughs  to  visit  their  homes  within  our  linos.    On 
coming  within  the  territory  occupied  by  our  forces,  they  are 
h  irbored  and  supplied  with  information  by  the  Order.     An 
other  class  of   spies  claim  to    be  deserters  from  the  en 
emy,  and  at  once  seek  an  opportunity  to  take  the  oath  of 
allegiance,  which,  however,  though  voluntarily  taken,  they 
claim  to  be  administered  while  they  are  under  a  species  of 
duress,  and,  therefore,  not  to  be  binding.     Upon   swearing 
allegiance  to  the  Government,  the  pretended  deserter  en 
gages,  with   the  assistance  of  the  Order,  in  collecting  con 
traband  goods  or  procuring  intelligence  to  be  conveyed  to 
the  enemy,  or  in  some  other  treasonable  enterprise.     In  his 
official  report  of  June  12th  last,  Colonel  Sanderson  remarks: 
"  This  department  is  filled  with  rebel  spies,  all  of  whom  be 
long  to  the  Order." 

In  Missouri  regular  mail  communication  was  for  a  long 
period  maintained  through  the  agency  of  the  Order  from 
St.  Louis  to  Price's  army,  by  means  ,-if  which  private  let 
ters,  as  well  as  official  despatches  between  him  and  the 
<*rand  Commander  of  Missouri  were  regularly  transmitted. 


The  mail-carriers  started  from  a  point  on  the  Pacific  rail 
road,  mar  Kirkwood  Station,  about  fourteen  miles  from 
St.  Louis,  and.  travelling  only  by  night,  proceeded  (to quote 
from  Colonel  Sanderson's  report)  to  "Mattox  Mills,  on  the 
Maramee  river,  thence  past  Mineral  Point  to  Webster, 
thence  to  a  point  fifteen  mile;*  below  Van  Euren,  where 
they  crossed  the  Black  river,  and  thence  to  rhe  rebel  lines.'' 
It  is,  probably,  also  by  this  route  that  the  secret  corres 
pondence,  stated  by  the  witness  Pitman  to  have  been  con 
stantly  kept  up  between  Price  and  Valiandigbam,  the  hi-ads 
of  the  Order  at  the  North  and  South,  respectively,  was  suc 
cessfully  maintained. 

A  similar  communication  has  been  continuously  held 
with  the  enemy  from  Louisville,  Kentucky.  A  consider 
able  number  of  women  in  that  State,  many  of  them  of  high 
{•osition  ia  rebol  society,  and  some  of  them  outwardly  pro- 
essiug  to  be  loyal,  weie  discovered  to  have  been  actively 
engaged  in  receiving  and  forwarding  mails,  with  the  assist 
ance  of  the  Order  and  as  its  instruments.  Two  of  the  most 
notorious  and  successful  of  these,  Mrs.  Woods  and  Miss 
Cassell,  have  been  apprehended  and  imprisoned. 

By  means  of  this  correspondence  with  the  enemy  the 
members  of  the  Order  were  promptly  appri/ed  of  all  raids 
to  bo  made  by  the  forces  of  the  former,  and  were  able  to 
hold  themselves  prepared  to  render  aid  and  comfort  to  the 
raiders.  To  show  how  efficient  for  this  purpose  was  the 
system  thus  established,  it  is  to  be  added  that  our  military 
authorities  have,  in  a  number  of  cases,  been  informed  through 
members  of  the  Order  employed  in  the  interest  of  the  Gov 
ernment,  of  impending  raids  and  important  army  move 
ments  of  the  rebels,  not  only  days,  but  sometimes  weeks 
sooner  than  the  same  intelligence  could  have  reached  them 
through  the  ordinary  channels. 

On  the  other  hand,  the  system  of  espionage  kept  up  by 
the  Order,  for  the  purpose  of  obtaining  information  of  the 
movements  of  our  own  forces,  Ac.,  to  be  imparted  to  the 
enemy,  seems  to  have  been  as  perfect  its  it  was  secret.  The 
Grand  Secretary  of  the  Order  in  Missouri  states,  in  his 
confession  :  "  One  of  the  especial  objects  of  this  Order  wan  to 
place  members  in  steamboats,  ferry-boats,  telegraph  offices, 
express  offices,  department  headquarters,  provost  marshal's 
oilicc,  and,  in  fact,  in  every  position  where  they  could  do  valu 
able  service:"  and  he  proceeds  to  specify  certain  members 
who,  at  the  date  of  his  confession,  (August  2d  hist,)  wene 
employed  at  the  express  and  telegraph  offices  in  St  Louis. 

5.  Aiding  the  Enemy,  by  recruiting  for  them,  or  assisting 
them  to  recruit,  within  our  lines. — This  has  also  been  exten 
sively  carried  on  by  members  of  the  Order,  particularly  in 
Kentucky  and  Missouri.  It  is  estimated  that  2,000  men 
were  sent  South  from  Louisville  alone  during  a  few  weeks 
in  April  and  May,  1864.  The  Order  and  its  friends  at  that 
city  have  a  permanent  fund,  to  which  there  are  many  sub 
scribers,  for  the  purpose  of  fitting  out  with  pistols,  clothing, 
money,  Ac.,  men  desiring  to  join  the  Southern  service;  and, 
n  the-  lodges  of  the  Order  in  St.  Louis  and  Northern  Mis 
souri,  money  has  often  been  raised  to  purchase  horses, 
arms,  and  equipments  for  soldiers  about  to  be  forwarded  to 
the  Southern  army.  In  the  latter  State,  parties  empowered 
by  Pi  ice,  or  by  Grand  Commander  Hunt  as  his  representa 
tive,  to  recruit  for  the  rebel  service,  were  nominally  author 
ized  to  4i  locate  lands,"  as  it  was  expressed,  and  in  their 
reports,  which  were  formally  made,  the  number  of  acres, 
Ac.,  located  represented  the  number  of  men  recruited.  At 
Louisville,  those  desiring  to  join  the  Southern  forces  were 
kept  hidden,  and  supplied  with  food  and  lodging  until s, 
convenient  occasion  was  presented  for  their  transportation 
South.  They  were  then  collected,  and  conducted  at  night 
to  a  safe  rendezvous  of  the  Order,  whence  they  were  for 
warded  to  their  destination,  in  some  cases  stealing  horses 
from  the  United  States  corrals  on  their  way.  While  await 
ing  an  occasion  to  be  sent  South,  the  men,  to  avoid  the  sus 
picion  which  might  be  excited  by  their  being  seen  together 
in  any  considerable  number,  were  often  employed  on  farms 
in  the  vicinity  of  Louisville,  and  the  farm  of  one  Grant,  in 
that  neighborhood,  (at  whose  house,  also,  meetings  of  the 
Order  were  held,)  is  indicated  in  the  testimony  as  one  of  the 
localities  where  such  recruits  were  rendezvoused  and  em 
ployed. 

The  same  facilities  which  were  afforded  to  recruits  for 
the  Southern  army  were  also  furnished  by  the  Order  to 
persons  desiring  to  proceed  beyond  our  lines  for  any  illegal 
purpose.  By  these  Louisville  was  generally  preferred  as 
a  point  of  departure,  and,  on  the  Mississippi  river,  a  partic 
ular  steamer,  the  Graham,  was  selected  as  the  safest  con 
veyance. 

6.  Furnishing  tin-  Rebels  with  Arms,  Ammunition.  tf:c. — 
In  this,  too,  the  Order,  and  especially  its  female  members 
and  allies,  has  been  sedulously  engaged.  The  rebel  women 
of  Louisville  and  Kentucky  are  represented  as  having  ren 
dered  the  most  valuable1  aid  to  the  Southern  army,  by  trans 
porting  large  quantities  ot  percussion  raps,  powder,  Ac., 
concealed  upon  their  persons,  to  some  convenient  locality 
mar  the  lines,  whence  they  could  be  readily  conveyed  to 
those  for  whom  they  were  intended.  It  is  estimated 


452 


APPENDIX. 


that  at  Louisville,  up  to  May  1st  last,  the  sum  of 
$17,000  had  been  invested  by  the  Order  in  ammunition 
and  arms,  to  be  forwarder,  principally  in  this  manner 
to  the  rebels.  In  St.  Louis  several  firms,  who  arc- 
well  known  to  the  Government,  the  principal  of  which  is 
Beauvais  &  Co.,  have  been  engaged  in  supplying  arms  and 
ammunition  to  members  of  the  Order,  to  be  conveyed  to 
their  Southern  allies.  Mary  Ann  Pitman,  a  reliable  wit 
ness,  and  a  member  of  the  0.  A.  K.,  who  will  hereafter  be 
specially  alluded  to,  states  in  her  testimony  that  she  visited 
Beauvais  &  Co.  three  times,  and  procured  from  them  on 
each  occasion  about  $80  worth  of  caps,  besides  a  number  of 
pistols  and  cartridges,  which  she  carried  in  person  to  For 
rest's  command,  as  well  as  a  much  larger  quantity  of  simi 
lar  articles  which  she  caused  to  be  forwarded  by  other 
agents.  The  guerillas  in  Missouri  also  received  arms  from 
St.  Louis,  and  one  Douglas,  ono  of  the  most  active  conspir 
ators  of  the  0.  A.  K.  in  Missouri,  and  a  special  emissary  of 
Price,  was  arrested  while  in  the  act  of  transporting  a  box 
of  forty  revolvers  by  railroad  to  a  guerilla  camp  in  the 
interior  of  the  State.  Medical  stores  iu  large  quantities 
were  likewise,  by  the  aid  of  the  Order,  furnished  to  the 
enemy,  and  a  '•  young  doctor"  named  Moore,  said  to  be  now 
a  medical  inspector  in  the  rebel  army,  is  mentioned  as 
having  "  made  $7i>,000  by  smuggling  medicines  "—princi 
pally  from  Louisville— through  the  lines  of  our  army.  Sup 
plies  were,  in  some  cases,  conveyed  to  the  enemy  through 
the  medium  of  professed  loyalists,  who,  having  received 
permits  for  that  purpose  from  the  United  States  military 
authorities,  would  forward  their  goods,  as  if  for  ordinary 
purposes  of  trade,  to  a  certain  point  near  the  rebel  lines, 
where,  by  the  connivance  of  the  owners,  the  enemy  would 
be  enabled  to  seize  them. 

7.  Cn-tipe'-ati-ng  with  tke  Enemy  in  Raids  and  Invasions. — 
While  it  is  clear  that  the  Order  hay  given  aid,  both  directly 
and  indirectly,  to  the  forces  of  the  rebels,  and  to  guerilla 
bands,  when  engaged  in  making  incursions  into  the  border 
States,  yet  because,  on  the  one  hand,  of  the  constant  restraint 
upon  its  action  exercised  by  our  military  authorities,  and,  on 
the  other,  of  the  general  success  of  our  armies  in  the  field 
J>ver  those  of  the  enemy,  their  allies  at  the  North  have  never 
ilius  fur  been  able  to  carry  out  their  grand  plan  of  a  gen 
eral  armed  rising  of  the  Order,  and  its  co-operation  on  an 
extended  scale  with  the  Southern  forces.  This  plan  has 
been  two-fold,  and  consisted,  first,  of  a  rising  of  the  Order 
in  Missouri,  aided  by  a  strong  detachment  from  Illinois, 
and  a.  co-operation  with  a  rebel  army  under  Price;  second, 
of  a  similar  rising  in  Indiana,  Ohio,  and  Kentucky,  and  a 
co-operation  with  a  force  under  Breckinridge,  IJuckner, 
Morgan,  or  some  other  rebel  commander,  who  was  to  invade 
the  latter  State.  In  this  case  the  Order  was  first  to  cut  the 
railroads  and  telegraph  wires,  so  that  intelligence  of  the 
movement  might  not  be  sent  abroad  and  the  transportation 
of  Federal  troops  might  be  delayed,  and  then  to  seize  upon 
the  arsenals  at  Indianapolis,  Columbus,  Springfield,  Louis 
ville,  and  Frankfort,  and,  furnishing  such  of  their  number 
as  were  without  arms,  to  kill  or  make  prisoners  of  depart 
ment,  district,  and  post  commanders,  release  the  rebel  pris- 
niers  at  Rock  Island,  and  at  Camps  Morton,  Douglas,  and 
Jhase.  and  thereupon  join  the  Southern  army  at  Louisville 
or  some  other  point  in  Kentucky,  which  State  was  to  be 
permanently  occivpied  by  the  combined  force.  At  the 
period  of  the  movement  it  was  also  proposed  that  an  attack 
should  be  made  upon  Chicago  by  means  of  steam-tusrs 
mounted  with  cannon.  A  similar  course  was  to  be  taken  in 
Missouri,  and  was  to  result  in  the  permanent  occupation  of 
that  State. 

This  scheme  has  long  occupied  the  minds  of  members  of 
the  Order,  and  has  been  continually  discussed  by  them  in 
their  lodges.  A  rising  somewhat  of  the  character'described 
was  intended  to  have  taken  pi  tee  in  the  spring  of  this  year, 
simultaneously  with  an  expected  advance  of  the  army  of 
Lee  upon  Washington  ;  but  the  plans  of  the  enemy  having 
been  anticipated  by  the  movements  of  our  own  generals, 
the  rising  of  the  conspirators  was  necessarily  postponed. 
Again,  a  general  movement  of  the  Southern  forces  was  ex 
pected  to  occur  about  July  4,  and  with  this  the  Order  was 
to  co-operate.  A  speech  to  be  made  by  Vallandigham  at 
the  Chicago  Convention  was,  it  is  said,  to  be  the  signal  for 
the  rising;  but  the  postponement  of  the  convention,  as 
well  as  the  failure  of  the  rebel  armies  to  engage  in  the  an 
ticipated  movement,  again  operated  to  disturb  the  pro 
gramme  of  the  Order.  During  the  summer,  however,  the 
grand  plan  of  action  above  set  forth  has  been  more  than 
ever  discussed  throughout  the  Order,  and  its  success  most 
confidently  predicted,  while  at  the  same  time  an  extensive 
organisation  and  preparation  for  carrying  the  conspiracy 
in  to  effect  have  been  Actively  going  on.  Hut  up  to  this  time, 
notwithstanding  the  late  raids  of  the  enemy  in  Kentucky,  and 
the  invasion  of  Missouri  by  Price,  no  such  general  action  on 
the  part  of  the  Order  as  was  contemplated  has  taken  place 
— a  result,  in  great  part,  owing  to  the  activity  of  our  mili 
tary  authorities  in  strengthening  tiie  detachments  at  the 
prisons,  arsenals,  <fcc.,  and  in  causing  the  arrest  of  the  lead-  | 


ing  conspirators  in  the  several  States,  and  especially  iu  the 
seizure  of  large  quantities  of  arms  which  had  been  skipped 
for  the  use  of  the  Order  in  their  intended  outbreak,  it  was 
doubtless  on  account  of  these  precautions  that  the  day  iasl 
appointed  for  the  rising  of  the  Order  in  Indiana  «.nd  Ken 
tucky  (August  10)  passed  by  with  but  slight  disorder. 

It  is,  however,  the  inability  of  the  public  riiMiiv,  m  the 
now  declining  days  of  the  rebellion  to  initial,-  the  desired 
movements  which  has  prevented  the  Order  trom  engvin" 
in  open  warfare :  audit  has  lately  been  serioiwJy  cousi<£ 
ered  in  their  councils  whether  they  should  not  prou-ed  wiUi 
their  revolt,  relying  alone  upon  the  guerilla  bauds  of  Syph- 
ert,  Jesse,  and  others,  for  support  and  assistance. 

With  these  guerillas  the  Order  has  always  most  readily 
acted  along  the  border,  and  in  cases  of  capture  by  the 
Union  forces  of  Northern  members  of  the  Order  engaged, 
in  co-operating  with  them,  the  guerillas  have  frequently 
retaliated  by  seizing  prominent  Union  citizens  and  holding 
them  as  hostages  for  the  release  of  their  allies.  At  other 
times  our  Government  has  been  officially  notified  by  the 
rebel  authorities  that  if  the  members  of  the  Order  cap 
tured  were  not  treated  by  us  as  ordinary  prisoners  of  war, 
retaliation  would  be  resorted  to. 

An  atrocious  plan  of  concert  between  members  of  the 
Order  in  Indiana  and  certain  guerilla  bands  in  Kentucky, 
agreed  upon  last  spring,  may  be  here  remarked  upon. 
Some  2,500  or  3,000  guerillas  were  to  be  thrown  around 
into  the  border  counties,  and  were  to  assume  the  character 
of  refugees  seeking  employment.  Being  armed,  they  were 
secretly  to  destroy  Government  piuperty  wherever  practi 
cable,  and  subsequently  to  control  the  elections  by  force, 
prevent  enlistments,  aid  deserters,  and  stir  up  strife  be 
tween  the  civil  and  military  authorities. 

A  singular  feature  of  the  raids  of  the  enemy  remains 
only  to  be  adverted  to,  viz:  that  the  officers  conducting 
these  raids  are  furnished  by  the  rebel  Government  with 
quantities  of  United  States  Treasury  notes  for  use  within 
our  lines,  and  that  these  are  probably  most  frequently  pro 
cured  through  the  agency  of  members  of  the  Order. 

Mary  Ann  Pitman  states  that  Forrest,  of  the  rebel  army, 
at  one  time  exhibited  to  her  a  letter  to  himself  from  p 
prominent  rebel  sympathizer  and  member  of  tiie  Order  in 
Washington,  D.  C.,  in  which  it  was  set  forth  that  the  sum 
of  $2u,000  in  "greenbacks"  had  actually  been  forwarded 
by  him  to  the  rebel  Government  at  Richmond. 

8.  Desii-uction  of   Government    Property. — There  is  uo 
doubt  that  large  quantities  of  Government  property  have 
been  burned  or  otherwise  destroyed  by  the  agency  of  tiie 
Order  in  different  localities.    At  Louisville,  in  the  case  of 
the  steamer  Taylor,  and  on  the  Mississippi  river,  steamers 
belonging  to  the  United  States  have  been   burned  at  the 
wharves,  and   generally   when   loaded   with   Government 
stores.     Shortly  before  the  arrest  of  Bowles,  the  senior  of 
the  major  generals  of  the  Order  in  Indiana,  he  had  been 
engaged  in  the  preparation  of  "Greek  Fire,':  which  it  w;ui 
supposed  would  be  found  serviceable  in  the  destruction  of 
public  property.    It  was  generally  understood  iu  the  coun 
cils  of  the  Order  in  the  State  of  Kentucky,  that  they  were 
to  be  compensated  for  such  destruction  b'y  the  rebel  Gov 
ernment,  by  receiving  a  commission  of  ten  per  cent,  of  the 
value  of  the  property  so  destroyed,  and  that  this  value  was 
to  be  derived  from  the  estimate  of  the  loss  made  in  each 
case  by  Northern  newspapers. 

9.  Destruction  of  Private  Property  and  Persecution  of 
Loyal  Men. — It  is  reported  by  General  Carrington  that  the 

nil  development  of  the  Order  iu  Indiana  was  followed  by 
'a  state  of  terrorism"  among  the  Union  residents  of ''por 
tions  of  Brown,  Morgan,  Johnson,  Rush,  Clay,  Sullivan, 
Bartholomew,  llendricks,  and  other  counties"  iu  that  State; 
that  from  some  localities  individuals  were  driven  away  al 
together  ;  that  in  others  their  barns,  hay,  and  wheat-ricks 
were  burned ;  and  that  many  persons,  under  the  general 
insecurity  of  life  and  property,  sold  their  effects  at  a  sacri 
fice  and  removed  to  other  places.  At  one  time  in  Brown 
-•ounty,  the  members  of  the  Order  openly  threatened  the 
lives  of  all  "Abolitionists"  who  refused  to  sign  a  peace  me 
morial  which  they  had  prepared  and  addressed  to  Congress. 
[n  Missouri,  also,  similar  outrages  committed  upon  the 
>roperty  of  loyal  citizens  are  attributable  in  a  great  degree 
o  the  secret  Order. 

Here  the  outbreak  of  the  miners  in  the  coal  districts  of 
eastern  Pennsyivaui.;,  in  the  autumn  of  last  year,  may  bo 
ippiopiiately  referred  to.  It  was  fully  shown  in  the  testi- 
uony  adduced,  upon  the  trials  of  these  insurgents,  who 
were  guilty  of  the  destruction  of  property  and  numerous 
icts  of  violence,  as  well  as  murder,  that  they  were  generally 
neinbers  of. a  secret  treasonable  association,  similar  in  all 
•espects  to  the  K.  G.  C.,  at  the  meetings  of  v.hich  they 
were  incited  to  the  commission  of  the  crimes  for  which  ttir/y 
were  tried  and  convicted. 

10.  Assassination  and  Murder. — After  what  lias  been  dis- 
losed  in  regard  to  this  infamous  league  of  traifors  and  ruf- 
ians,  it  will   not  be  a  matter  of  surprise  to  learn  that  the 

assassination  of  Union  citizens  and 


APPENDIX. 


453 


has  been  included  in  their  devilish  scheme  of  operations. 
Green  B.  Smith  states  in  his  confession  that  "  the  secret  as 
sassination  of  United  States  officers,  soldiers,  and  Govern 
ment  employes  hus  been  discussed  in  the  councils  of  the 
Order  and  recommended."  It  is  also  shown  in  the  course 
of  the  testimony  that  at  a  large  meeting  of  the  Order  in 
St.  Louis,  in  May  or  June  last,  it  was  proposed  to  form  a 
secret  police  of  members  for  tlu<  purpose  of  patrolling  the 
streets  of  that  city  at  night  and  killing  every  detective  and 
soldier  that  could  b*  readily  disposed  of;  that  this  propo 
sition  was  coolly  considered,  and  finally  rejected,  not  be 
cause  of  its  fiendish  character — no  voice  being  raised  against 
its  criminality — but  because  only  it  was  deemed  premature. 
At  Louisville,  in  Juno  last,  a  i-imilar  scheme  was  discussed 
among  the  Ordit  r  for  tln>  waylaying  and  butchering  of  ne- 
£io  soldiers  in  the  streets  at  night;  and  in  the  same  month 
a  party  of  its  members  in  that  city  was  actually  organized 
for  the  purpose  of  throwing  off  tho  track  of  tho  Nashville 
railroad  a  train  of  colored  troops,  and  seizing  the  opportu 
nity  to  take  tho  lives  of  as  many  ns  possible.  Again,  in 
July,  the  assassination  of  an  obnoxious  provost  marshal,  by 
betraying  him  into  tin-  hands  of  guerillas,  was  designed  by 
members  in  the  interior  of  Kentucky.  Further,  at  a  meet 
ing  of  tho  Grand  Council  of  Indiana  at  Indianapolis  on 
June  11  last,  tho  murder  of  one  Coffin,  a  Government  de 
tective,  who,  as  it  was  supposed,  had  betrayed  the  Order, 
was  deliberately  discussed  and  unanimously  determined 
upon.  This  lact  is  slat;-d  by  Stidger  in  his  report  to  General 
€arrin;;tou  of  June  17  last,  ana  is  moiv  fully  set  forth  in  his 
testimony  upon  the  trial  of  Dodd.  He  deposes  that  at  the 
meeting  in  question,  Dodd  himself  volunteered  to  go  to 
Hamilton,  Ohio,  where  Cotiiu  was  expected  to  be  found,  and 
there '•  dispose  of  tho  latter/'  lit-  adds  that  prior  to  tho 
meeting,  ho  himself  convoyed  from  Judge  Eullit,  at  Louis 
ville,  to  Bowles  and  Dodd,  at  Indianapolis,  special  instruc 
tions  to  have  Coffin  "  put  out  of  tho  way  '' — '•  murdered '? — 
*'ut  all  hazards." 

The  opinion  is  expressed  by  Colonel  Sanderson,  under 
dato  of  Juno  12  last,  that  "the  recent  numerous  cold- 
bk piled  assassinations  of  military  officers  and  unconditional 
Union  men  throughout  the  military  district  of  North  Mis 
souri,  especially  along  tho  western  border,''  is  to  bo  ascribed 
to  the  agency  of  the  Order.  The  witness  Pitman  represents 
that  it  is  "a  part  of  tho  obligation  or  understanding  of  the 
Order'"  to  kill  officers  and  soldiers  '•  whenever  it  c,in  be  done 
ljy  stc'.ilt/t,"  as  well  a»s  loyal  citizens  when  considered  im 
portant  or  inlluential  persons;  and  she  adds,  that  while  at 
Memphis,  during  the-  past  summer,  she  knew  that  men  on 
picket  were  secretly  killed  by  members  of  the  Order  ap 
proaching  them  in  disguise. 

In  this  connexion  may  be  recalled  the  wholesale  assas 
sination  of  Union  soldiers  by  members  of  tho  Order  and 
their  Confederates  at  Charleston,  Illinois,  in  March  last,  in 
regard  to  which,  as  :i  startling;  episode  of  the  rebellion,  a 
Jull  report  was  addressed  from  this  office  to  the  President, 
under  date-  of  July  l;G  last.  This  concerted  murderous 
assault  upon  a  scattered  body  of  men,  mostly  unarmed — 
apparently  designed  for  tho  more  purpose  of  destroying  as 
tuany  lives  of  Union  soldiers  as  possible— is  a  forcible  illus 
tration  of  the  utter  malignity  and  depravity  which  charac 
terize  the  members  of  this  Order  in  their  zeal  to  commend 
themselves  as  allies  to  their  fellow-conspirators  at  the 
South. 

11.  Establishment  <\f  a  Northwestern  Confederacy. — In 
concluding  this  review  of  some  of  the  principal  specific  pur 
poses  of  the  Ordur,  it  remains  only  to  remark  upon  a  fur 
ther  design  of  many  of  its  leading  members,  the  accom 
plishment  of  which  they  are  represented  as  having  deeply 
at  heart.  Hating  New  England,  and  jealous  of  her  influ 
ence  and  resource:^,  and  claiming  that  the  interests  of  the 
West  and  oouth,  naturally  connected  as  they  are  through 
the  Mississippi  valley,  are  identical,  and  actuated  further 
by  ail  intensely  revolutionary  spirit  as  well  as  an  unbridled 
and  unprincipled  ambition',  these  men  have  made  the 
establishment  of  a  Western  or  Northwestern  Confederacy, 
in  alliance  with  the  South,  the  grand  aim  and  end  of  all 
their  plotting  und  conspiring.  It  is  with  (his  steadily  in 
prospect  that  they  are  constantly  seeking  to  produce  dis 
content,  disorganization,  and  civil  disorder  at  the  North. 
With  this  in  view,  they  gloat  over  every  reverse  of  the 
armies  of  the  Union,  and  desire  that  the  rebellion  shall  be 
protracted  until  tho  resources  of  the  Government  shall  be  ! 
exhausted,  its  strength  paralyzed,  its  currency  hopelessly 
depreciated,  and  confidence  everywhere  destroyed.  Then,  j 
from  the  anarchy  which,  under  their  scheme,  is  to  ensue, 
tin-  new  Confederacy  is  to  arise,  which  i>  either  to  unite 
itself  with  that  of  the  South,  or  to  form  therewith  a  close 
and  |« -riiianeiit  alliance.  Futile  and  extravagant  as  this 
ec'iome  may  appear,  it  is  yet  the.  settled  purpose  of  many 
Iwidiut;  opirits  of  The  secret  conspiracy,  and  is  their  tavorite 
«ubj»ct  -M  thought  and  discussion.  Not  onlv  is  this  scheme 
«lelil>er:aed  upon  in  the  lodires  of  the  Order,  but  it  is  openly 
proclaimed.  Member*  of  the  Indiana  Legislature,  even, 
irnve  pi-.blu.ly  announced  it, and  avowed  that  they  will  take 


their  own  State  out  of  tho  Union,  and  recognize  the  inde 
pendence  of  the  South.  A  citizen  captured  by  a  guerilla 
baud  in  Kentucky  last  summer,  records  the  fact  that  the 
establishment  of  a  new  confederacy  as  the  deliberate  pur 
pose  of  the  Western  people  was  boastfully  asserted  by 
these  outlaws,  who  also  assured  their  prisoner  that  in  the 
event  of  such  establishment  there  would  be  "  a  greater  re 
bellion  than  ever!" 

Lastly,  it  is  claimed  that  the  new  confederacy  is  already 
organized;  that  it  has  a  "  provisional  government,"  officers, 
departments,  bureaus,  Ac.,  in  secret  operation.  No  com 
ment  is  necessary  to  be  made  upon  this  treason,  not  now- 
contemplated  for  the  first  time  in  our  history.  Suggested 
by  the  present  rebellion,  it  is  the  logical  consequence  of  the 
ardent  and  utter  sympathy  therewith  which  is  the  life  and 
inspiration  of  the  secret  Order. 

VIII.   TIIE   WITNESSES   AND   THEIR   TESTIMONY. 

The  facts  detailed  in  the  present  report  have  been  de 
rived  from  a  great  vai  iety  of  dissimilar  sources,  but  all  the 
witnesses,  however  different  their  situations,  concur  so 
pointedly  in  their  testimony,  that  the  evidence  which  has 
thus  been  furnished  must  be  accepted  as  of  an  entirely  sat 
isfactory  character. 

The  principal  witnesses  may  be  classified  as  follows  : 

1.  Shrewd,  intelligent  men,  employed  as  detectives,  and 
with  a  peculiar  talent  for  their  calling,  who  have  gradually 
gained  tho  confidence  of  leading  members  of  the  Order, 
and  in  some  cases  have  been  admitted  to  its   temples  and 
been  initiated  into  one  or  more  of  the  degrees.    Tho  most 
remarkable  of  these  is  Stidger,  formerly  a  private  soldier 
in  owr  army,  who,  by  tho  use  of  an   uncommon  address, 
though  at  groat  personal  risk,  succeeded  in  establishing 
such  intimate  relations   with   Bowles.   Bullit,  Dodd.  and 
other  leaders  of  the  Order  in  Indiana  and  Kentucky,  as  to 
bo  appointed  grand  secretary  for  the  latter  State,  a  position 
the  most  favorable  for  obtaining  information  of  the  plans 
of  these  traitors  and  warning  the  Government  of  their  in 
tentions.    It  is  to  tho  rare  fidelity  of  this  man,  who  has 
also  been  the  principal  witness  upon  the  trial  of  Dodd,  that 
the  Government  has  been  chiefly  indebted  for  the  exposure 
of  the  designs  of  the  conspirators  in  the  two  States  named. 

2.  llcbel  officers  and  soldiers  voluntarily  or  involuntarily 
making  disclosures  to  our  military  authorities.    Tho  most 
valuable  witnesses  of  this  class  are  prisoners  of  war,  who, 


actuated  by  laudable  motives,  have  of  their  own  accord 
furnished  a  large  amount  of  information  in  regard  to  the 
Order,  especially  as  it  exists  in  the  South,  and  of  the  rela 
tions  of  its  members  with  those  of  tho  Northern  section. 
Among  these,  also,  are  soldiers  at  our  prison  camps,  who, 
without  designing  it.  have  made  known  to  our  officials,  by 
tho  use  of  tho  signs,  &c.,of  the  Order,  that  they  were  mem 
bers. 

o.  Scouts  employed  to  travel  through  the  interior  of  the 
border  States,  and  also  within  or  in  the  neighborhood  of 
tho  enemy's  lines.  The  fact  that  some  of  these  were  left 
entirely  ignorant  of  the  existence  of  the  Order,  upon  being 
so  employed,  attaches  an  increased  value  to  their  discov 
eries  in  regard  to  its  operations. 

4.  Citizen  prisoners,  to  whom,  while  in  confinement,  dis 
closures  were  made  relative  to  the  existence,  extent,  and 
character  of  the  Order  by  fellow-prisoners  who  were  lead 
ing  members,  and  who  in  some  instances,  upon  becoming 
intimate  with  tho  witness,  initiated  him  into  one  of  the 
degrees. 

5  Members  of  the  Order,  who,  upon  a  full  acquaintance 
with  its  principles,  have  been  appalled  by  its  infamous  de 
signs.  and  have  voluntarily  abandoned  it.  freely  malting 
known  their  experience  to  our  military  authorities.  In 
this  class  may  bo  placed  tho  female  witness,  Mary  Ann  Pit- 
man,  who,  though  in  arrest  at  tho  period  of  her  disclos 
ures,  was  yet  induced  to  make  them  for  the  reason  that,  as 
.she  says,  uat  the  last  meeting  which  I  attended  they  passed 
an  order  which  I  consider  as  utterly  atrocious  and  'barbar 
ous;  so  I  told  them  I  would  have  nothing  more  to  do  with 
them.''  This  woman  was  attached  to  the  command  of  (lie 
rebel  Forrest,  as  an  officer  under  the  name  of  "  Lieutenant 
llawley  ;"  but,  because  her  sex  afforded  her  unusual  facili 
ties  for  crossing  our  lines,  she  was  often  employed  in  the 
execution  of  important  commissions  within  onr  territory, 
and,  as  a  member  of  the  Order,  was  made  extensively  ac 
quainted  \\ith  other  members,  both  of  the  Northern  and 
Southern  sections.  Her  testimony  is  thus  peculiarly  valu 
able,  and,  being  a  person  of  unusual  intelligence  and  force 
of  character,  her  statements  are  succinct,  pointed,  and  em 
phatic.  They  ure  also  especially  useful  as  fully  corrob  >rat- 
ing  those  of  other  witnesses  regarded  as  most  trustworthy  . 

ti.  Officers  of  the  Order  of  high  rank,  who  have  been 
prompted  to  present  confessions,  nioro  or  less  detailed,  in 
regard  to  the  Order,  and  their  connexion  with  it.  The 
principals  of  these  are  Hunt,  Dunn,  and  Smith,  grand  com 
mander.  deputy  grand  commander,  and  grand  secretary  of 
th»  Order  in  Missouri,  to  whose  statement*  frequent  refer 
ence  has  been  made.  These  confessions,  though  in  some 


454 


APPENDIX. 


degree  guarded  and  disinget  .tous,  have  furnished  to  the  Gov 
ernment  much  important  information  as  to  the  Operation! 
of  Hie  Order,  especially  in  Missouri,  the  affiliation  of  its 
leaders  with  Price,  <tc.  It  is  to  he  noted  that  Dunn  makes 
the  s'.ateiacnt  in  common  with  other  witaowea  that,  in 
entering  the  Order,  he  was  quite  ignorant  of  its  ultiiuato 
purposes.  lie  says:  "  i  did  not  become  a  member  under- 
Btam'.i'.igly;  the  initiatory  step  was  taken  in  thedark,  with 
out  reflection  and  without  knowledge." 

7.  Deserters  from   our  army,   who,  upon   being  appre 
hended,  confessed  that  they  had  been  induced  and  offsi  ;<<i 
to  desert  by  members  of  the  Order.    It  was,  indeed,  princi 
pally  from   these  confessions  that  the  existence  of  the, 
secret  treasonable  organization  of  the  K.  G.  0.  was  first 
discovered  in  Indiana,  in  the  year  1802. 

8.  Writers  of  anonymous  communications,  addressed  to 
heads  of  departments  or  provost  marshals,  disclosing  facts 
corroborative  of  other  more  important  statements. 

9.  The  wit  nesses  before  the  grand  jury  at  Indianapolis,  in 
1863,  when  the  Ordor  was  formally  presented  as  a  treason 
able  organization,  and  those  whose  testimony  has  beea  re 
cently  introduced  upon  the  trial  of  Dodd. 

It  need  only  be  added  that  a  most  satisfactory  test  of  the 
credibility  and  weight  of  much  of  the  evidence  which  has 
been  furnished  is  afforded  by  the  printed  testimony  in  re 
gard  to  the  character  and  intention  of  the  Order,  which  is 
found  in  its  national  and  State  constitutions  and  its  ritual. 
Indeed,  the  statements  of  the  various  witnessus  aro  bm 
presentations  of  the  logical  and  inevitable  consequences 
and  results  of  the  principles  therein  set  forth. 

IN  CONCLUDING  this  review,  it  remains  only  to  state  that 
a  constant  reference  has  been  made  to  the  elaborate  ofliei.il 
reports,  in  regird  to  tho  Order,  of  Brigadier  General  Car- 
i  ing-ton,  commanding  District  of  Indiana,  and  of  Colonel 
Sanderson,  Provost  Marshal  General  of  tlie  Department  of 
Missouri.  Tito  great  mass  of  the  testimony  upon  the  sub 
ject  of  this  conspiracy  has  been  furnished  by  these  offi 
cers;  the  latter  acting  under  the  orders  of  Major  General 
llosecrans,  and  the  former  co-operating,  under  tlm  in 
structions  of  the  Secretary  of  War,  with  M'ljor  General 
Burbrklgw,  commanding  District  of  Kentucky,  as  well  as 
with  Governor  Morton,  of  Indiana,  who,  though  at  one 
time  greatly  embarrass  ,-d,  by  a  Legislature  strongly  tainted 
with  disloyalty,  in  his  efforts  to  repress  this  domestic  en 
emy,  has  tit  last  seen  hi.s  State  relieved  from  the  danger  of 
a  civil  war. 

]>ut,  although  the  treason  of  the  Order  has  been  thor 
oughly  exposed,  and  although  its  capacity  for  fatal  mischief 
has,  1-y  means  of  the  arrest  of  its  leaders,  the  seizure  of  its 
arms,  and  the  other  vigorous  means  which  have  been  pur 
sued,  been  seriously  impaired,  it  is  still  busied  with  its 
plottiugs  against  the  Government,  and  with  its  perfidious 
designs  in  aid  of  the  Southern  rebellion.  It  is  reported  to 
have  recently  adopted  new  signs  and  pass-words,  and  its 
members  assert  that  foul  means  will  be  used  to  prevent  the 
success  ^  f  the  Administration  at  the  coming  election,  and 
threaten  an  extended  revolt  in  the  event  of  the  re-election 
of  Pri-M.lent  Lincoln. 

In  ihi)  presence  of  the  rebellion  and  of  this  secret  Or 
der — which  is  but  its  echo-arid  faithful  ally — we  cannot  but 
bearnai-.ed  at  the  utter  and  wide-spread  profligacy,  person-. 1 
and  political,  which  thef-e  movements  against  the  Govern-  I 
merit  disclose.  The  guilty  im-n  engaged  in  them,  af'er 
casting' aoido  their  allegiance,  seem  to  have  trodden  ni'der  | 
foot  every  sentiment  of  honor  and  every  restraint  of  law, 
human  and  divine.  Judea  produced  but  one  Judas  Iscar- 
iot,  and  Homo,  from  the  sinks  of  her  demoralization,  pro 
duced  but  one  Cataline;  and  yet,  as  events  prove,  there  has 
arisen  together  in  our  land  an  entire  bio.id  of  such  trai 
tors,  all  animated  by  the  same  parricidal  spirit,  and  all 
struggling  with  the  same  relentless  malignity  for  tho  dis 
memberment  of  our  Union.  Of  this  extraordinary  phe 
nomenon —  not  paralleled,  it  is  bolievfd,  in  the  world's  his 
tory — there  can  bo  but  one  explanation,  ami  all  these 
blackened  and  fetid  streams  of  criaio  may  well  bo  trsved  to 
the  smie  common  fountain.  Si)  fiercely  intolerant  »md 
impuTious  \vas  the  temper  engendered  by  Slavery,  that 
when  the  Southern  people,  after  having  controlled  t.iie  na 
tional  c-  unciis  fo."  half  a  century,  were  beaten  at  :tn  elec 
tion,  their  leaders  turned  upon  the  Government  with  the 
insolent,  fury  with  which  they  would  have  drawn  their  re 
volvers  on  a  rebellious  slave,  in  one  of  their  negro  quar 
ters  ;  and  they  have  continued  isince  to  prosecute  their 
war'.are,  amid  all  the  barbarisms  nnd  atrocities  naturally 
and  necessarily  inspired  by  the  infernal  institution  in 
whose  interests  they  are  sacrificing  alike  themselves  and 
their  country.  Many  of  these  conspirators,  as  is  well 
known,  w.-re  fed,  clrithed,  and  educated  at  the  expense  of 
the  nation,  and  were  loaded  with  its  honors,  at  the  very 
moment  they  struck  at  its  life  with  the  horrible  criminali 
ty  of  a  son  btobbing  the  bosom  of  his  own  mother  while 
impressing  kisses  on  his  cheeks.  The  leaders  of  the  trai 
tors  in  tit*  loyal  States,  who  so  completely  fraternize  with 
these  conspirators,  and  who.se  machinations  are  now  un- 


masktd,  it  is  as  clearly  the  duty  of  the  Adrainistroliofi  tt> 
prosecute  and  (Mini-h  as  it  is  is  duty  'o  snbjnjiai  •  the  r<--b- 
els  who  are  openly  in  arms  ag.-'ivst  the  Government,  'ii 
the  performance  of  Ibis  duty,  it  is  entitled  to  expert,  and 
will  doubtless  receive,  the  zealous  co-operation  of  tree  mc'i 
everywhere,  who,  in  crushing  the  trucub-nt  f  <c  n:nbu~hed 
in  the  haunts  of  this  secret  Order,  should  rival  i:i  i-i.ur.-i-ie 
and  faithfulness  tho  soldiers  who  are  so  n<<bly  sustaining 
our  flag  on  the  battle-fields  of  the  South. 
Kespectfnlly  submitted. 

J.  HOLT,  Judge  Advocate.  General. 


Opinions  on  the  Legal  Tender  Act 

Subjoined  is  a  statement  made  up  from  the 
Philadelphia  North  American,  of  a  case  rec<  ntly 
decided  by  Judges  Grier  and  Cadwallader.  on 
the  legal  tender  act,  voted  upon  as  recorded  on 
pages  357,  358  : 

The  Philadelphia  and  Reading  Railroad  Company  r*. 
Charles  Morrison  ct  al.,  executors,  trustees.  &c.  Thi.s  was  a 
bill  in  equity,  filed  by  the  complainants  to  compel  tin?  de 
fendants  to  accept  the  principal  sum  of  certain  ground  rents 
and  the  arrears  thereof  in  notes  issued  by  the  Government 
of  tho  United  States,  and  made  lawful  money  ::nd  a  •-  legal 
tender  in  payment  of  all  debts,"  in  payment  and  extinguish 
ment  of  the  raid  ground  rents  and  all  arrears  thereof,  and 
that  it  be  decreed  tha-tcotempomneously  with  said  payment 
they  shall  execute  a  valid  and  sufficient  d;-ed  of  extinguish 
ment  lawfully  releasing,  discharging  and  extinguishing  the 
said  rents.  And  further,  that  in  the  nteanti:u«  the  defen 
dants  be  restrained  from  attempting  the  recovery  of  any 
alleged  arrears  of  rent  by  suit  at  law,  or  by  distress,  and 
from  entering  upon  the  premises  for  non-payment. 

The  bill  sets  out  the  conveyance  to  the  company  of  fonr 
certain  lots  of  ground  in  this  city,  in  fee.  subject  to  tho 
payment  of  yearly  ground  rents  of  $10,800.  &, '200,  !^4.200, 
and  S1,SOO  respectively,  in  '•  lawful  money  of  the  United- 
States  of  America."  That  by  certain  other  conveyances 
these  ground  rents  becamo  vested  in  James  Morrison,  of 
Berks  county,  England,  who  subsequently  died,  having  first 
made  his  last  will  and  testament,  and  thereby,  among  othar 
things,  appointed  Charles  Morrison.  Alfred  Morrison,  John 
Dillon  and  Mary  Ann  Morrison  his  executors.  The  last 
three  named  were  subsequently  appointed  trustees  of  nil 
tho  ground  rents  secured  unou  lands  in  Pennsylvania,  and 
have  entered  upon  their  duties. 

The  complainants  aver  that  upon  the  21st  of  December, 
18C3,  they  offered  payment  of  the  principal  of  said  ground 
rents  (&300.000)  and  all  arrearages  thereon,  and  tendered 
the  money  therefor  in  lawful  money  of  the  United  States, 
viz :  in  notes  issued  by  the  Government  of  the  United  States, 
and  declared  to  be  lawful  money  and  a  legal  tender  in  pay 
ment  of  all  debts,  (the  covenants  in  said  deeds  provide  for 
the  extinguishment  of  the  principal  on  the  payment  of 
lawful  money  in  the  Cnited  States,)  to  John  Welsh  and 
o "hers,  attorneys  in  fact  for  and  substitutes  in  the  place 
of  William  Smith,  attorney  in  fact  for  the  defendants,  who 
denied  for  himself  and  others  any  authority  to  receive  the 
same.  That  the  defendants  are  aliens,  and  non-resid:")ts  of 
tho  State  of  Pennsylvania,  residing  in  England;  nnd  com 
plainants  are  informed,  and  believe,  that  they  deny  their 
right  to  pay  off  and  extinguish  the  said  routs  with  the  mo 
ney  aforesaid,  and  deny  that  they  are  bound  to  receive  the 
same  and  execute  tho  necessary  deeds  for  the  puri>ose  of 
extinguishing  the  same,  and  arc  about  to  bring  suit  lor  the 
same,  or  to  make  distress  upon  tho  property  on  the  premises 
ib r  the  collection  of  the  rents  as  they  become  duo  and  pay 
able;  which  threatened  proceedings  the  complainant.-,  be 
ing  ready  and  willing  to  pay,  and  having  tendered  payment 
as  aforesaid,  aver  to  be  inequitable,  and  in  respect  thereto 
they  need  the  interference  of  the  Court.  To  that  end  this 
bill  has  been  filed,  praying  as  we  have  above  set  forth. 

The  case  is  one  of  great  importance,  not  only  on  account 
of  the  large  amount  at  stake,  but  also  by  reason  of  the  great 
questions  of  constitutional  law  which  ar<>  involved  in  it.  It 
is  tho  first  time,  too,  we  believe,  that  the  question  of  the 
constitutionality  ot  the  act  of  Congress  making  these  notes 
lawful  money  and  a  legal  tender  has  been  presented  in  a 
United  States  Court;  and  the  great  abiilry  of  the  le-ral  gen 
tlemen  conducting  it  will  ensure  a  full  and  able  diseiisM--n 
of  it.  Messrs.  Charles  Gibbous  and  St.  Geo.  T.  Campbell  «p- 

1>car  for  complainants,  and  Geo.  M.  Wharton  aiid  Geo.  \V. 
iiddle  lor  the  defendants. 

Nov.  10 — Judge  Grier  delivered  this  opinion: 

Coined  money,  in  modern  times,  forms  but  a  very  small 
portion  of  the,  current  money  used  in  commercial  transac 
tions.  Paper  money,  representing  credit,  has  I.;ng  been 
used  as  current  and  lawful  money.  But  no  on<-  could  be 
compelled  to  accept  the  promise  of  a  bank  to  pay  money. 


APPENDIX. 


455 


instead  of  the  coin  itself.  The  notes  of  the  Bank  of  the 
United  States,  issued  under  the  authority  of  the  Govern- 
ernineut,  wero  current  money  and  lawful  money,  because 
issued  l»y  such  authority,  but  were  never  made  a  legal 
tender  for  the  payment  of  debts. 

A  contract  m.-.do  in  the  United  States  for  the  payment  of 
a  certain  number  of  dollars  would  be  construed  ns  meaning, 
not  Prussian  dollars  or  Spanish  milled  dollars,  but  lawful 
coin  of  tho  United  States.  Tho  addition  of  tho  description 
'lawful  money  of  the  United  States "  is  entirely  superflu 
ous,  and  does  not  chang'3  the  nature  of  tho  obligation. 

The  statutes  of  Congress  always  take  a  distinction  be 
tween  lawful  or  current  money  and  that  which  shall  be  a 
tender  tor  payment  of  debts.  Hence,  we  find  when  such 
is  the  intention,  the  language  is,  "and  shall  be  a  legal 
tender,''  &c. 

Some  coins  of  the  Government  are  a  legal  tender  below 
a  certain  amount,  but  not  beyond.  Thus,  by  act  of  9th  of 
Fe  'iriuiry,  17 JO,  afttr  the  expiration  of  three  years  all 
foreign  coins  except  Spanish  milled  dollars  shall  cease  to  be 
a  legal  tender. 

By  act  of  April,  1806,  "  foreign  gold  and  silver  coins  shall 
p::ss  ciurent  ad  money,  within  the  United  States,"  and  bo  a 
legal  tender  for  the  payment  of  all  :lebts,  &c.,  at  the  several 
respective  rates  following-.  &c. 

Again,  by  act  of  'J?th  of  June,  1834,  "  the  following  gold 
coins  shall  p..ss  as  current  money,  and 'be  receivable  in  all 
payments  by  weight  at  the  following  rates/'  &c. 

Hence  wo  find  that  in  all  cases  where  other  money  than 
the  coinage  of  the  United  States  ordered  to  be  received  as 
current  or  lawful  money,  the  statute  carefully  provides  the 
rate  and  conditions  under  which  they  are  made  a  legal 
tender  for  payment  of  debts.  It  is  clear,  therefore,  that 
Congress  has  always  observed  the  distinction  between  cur 
rent  and  lawful  money,  which  may  be  received  in  payment 
of  debts,  if  the  creditor  sees  fit  to  accept  it,  and  that  which 
IK;  may  be  compelled  to  accept  as  a  legal  tender. 

It  is  clear,  al&o,  that  if  Congress  make  any  other  thing 
than  their  own  coin  a  legal  tender,  it  may  be  used  as  such. 
Thus,  in  the  act  authorizing  the  National  Banks,  their 
notes  are  made  a  legal  tender  for  certain  debts  due  to  the 
Government,  for  taxes,  &c.,  but  not  for  debts  due  from  one 
citi/.en  to  another. 

The  treasury  notes  are  made  lawful  or  current,  money, 
"  and  a  legal  tender  for  debts,''  &c.,  as  between  individuals. 
As  this  io  i  lie  first  act  in  which  this  high  prerogative  of  sov 
ereignty  has  been  exercised,  it  should  be  construed  strict 
ly.  It  is  doubtful  in  policy  and  dangerous  as  a  prece 
dent. 

The  only  question  then  is  whether  this  case  comes  within 
the  letter  of  the  statute. 

Is  tlie  money  which  may  be  paid  to  extinguish  a  ground 
rent  within  the  category  of  the  act? 

Is  it  a  debt?  The  owner  of  the  land  is  not  bound  to  pay 
it.  The  owner  of  the  rent  cannot  compel  him  to  pay  it. 
There  is  no  obligation  as  between  the  parties.  It  cannot 
be  converted  into  an  obligation  by  the  election  of  one  of 
the  parties  without  the  consent  of  the  other.  A  man  may 
execute  his  bond  to  me  voluntarily,  but  unless  I  accept  it 
he  dues  not  become  my  debtor. 

These  ground  rents,  in  the  nature  of  a  rent  service,  are 
somewhat  peculiar  to  Pennsylvania,  and  little  known  in 
other  States.  But  tho  Supreme  Court  of  the  State  has  very 
clearly  settled  and  determined  their  nature.  The  wises  are 
too  well  known  to  the  legal  profession  to  need  quotation. 
''A  rent  service  (say  tho  court  in  Bosler  vs.  Kuhn,  8  Watts 
&  Sargeant,  ISO)  is  not  a  debt,  and  a  covenant  to  pay  it  is 
not  a  covenant  to  pay  a  debt.  The  annual  payments  spring 
into  existence  and  lor  the  first  time  become  debts  when 
they  are  demandable." 

I  am  of  opinion,  therefore,  that  the  tender  offered  by 
the  bill  in  this  case  is  not  authorized  by  the  statute,  and 
that  the  respondents  cannot  be  compelled  to  extinguish 
their  estate  in  the  land  by  such  a  tender  as  that  now  made. 
The  bill  must,  therefore,  be  dismissed. 

The  reporter  of  the  North  American  adds  : 

Questions  of  a  similar  character  have  been  discussed  and 
variously  decided  in  our  State  Co..rts. 

In  the  case  of  Patterson  vs.  Blight ,  in  the  Common  Pleas 
of  this  City,  a  bill  similar  to  the  above,  to  compel  the  ex 
tinguishment  of  ground  rents  payable  in  "  lawful  silver 
money  of  the  United  States,"  of  a  "  peculiar  fineness  ai:cl 
weight,"  was  dismissed  by  Judge  Allison,  who  held  that  a 
ground  rent  was  not  a  debt  within  the  meaning  of  the  act 
of  Congivss. 

The  case  of  Kroner  rs.  Colhoun ,  be'bre  the  same  court, 
was  precisely  similar  to  the  Heading  Railroad  Company  vs. 
Morrison,  and  the  bill  was  also  dismissed.  The  point  was 
there  discussed  as  to  how  far  Congress  had  made  their 
uotk-s  lawful  money  in  all  cases,  and  it  was  held  that  they 
were  only  made  l.wfal  money  in  payment  of  debts,  and 
that  therefore  tho  condition  precedent  to  the  extinguish 


ment  by  the  payment  in  lawful  money  had  not  been  per 
formed  by  payment  in  these  notes. 

The  case  of  Sailor  vs.  Martin ,  in  the  District  Court,  was 
an  action  to  recover  damages  for  tho  non-payment  of  cer 
tain  ground  rout  arrears,  payable  in  silver  dollars,  each 
dollar  weighing  seventeen  penny  weights  and  six  grains, 
at  the  rate  of  tho  premium  upon  silver,  and  it  was  held 
that  payment  of  such  arrears  in  legal  tender  notes  was 
sufficient. 

In  tho  case  of  Shollenbergcr  vs.  Brinton.  before  the  Su 
preme  Court  at  Nisi  Prius,  similar  to  Patterson  vs.  Blight, 
it  was  bold  by  Judge  Agnew  that  upon  tho  tender  by  tho 
ground  tsnant  of  the  principal  money  of  the  ground  rent, 
his  election  fixed  it  as  a  debt,  and  the  prayer  of  the  bill  was 
granted. 

It  may  be  remarked  here  that  Judge  Grier,  though  the 
cases  are  not  alike  so  i'ar  as  the  covenants  in  the  ground 
re:it  deeds  arc  concerned,  arrives  at  the  same  conclusions, 
and  iu  almost  the  same  language  as  Judge  Allison  did  iu  de 
ciding  tho  caso  of  Patterson  vs.  Blight,  tho  first  that  had 
then  arisen  under  the  act  of  Congress. 


Relating  to  Peace. 

MR.    BENJAMIN    TO    MR.    MASON. 

On  page  307  is  found  the  closing  statement 
made  by  Jefferson  Davis  to  Col.  Jacques  ani 
J.  II.  Gilnore,  on  the  occasion  of  their  visit  to 
Richmond  in  August  last. 

August  25 — Mr.  Benj  :rnin  issued  a  circular 
from  the  State  Department  to  James  M.  Mason, 
"Commissioner  of  the  Continent,  &c.,  <fcc.,  &c., 
Paris,"  giving  the  substance  of  the  interview 
referred  to,  as  understood  by  him.  The  impor 
tant  part  is  contained  in  the  following  summary 
of  Mr.  Davis's  views : 

The  President  came  to  my  office  at  9  o'clock  in  the  eve 
ning,  and  Colonel  Ould  came  a  few  moments  Inter,  with 
Messrs.  Jacques  and  Gilmore.  The  President  said  to  them 
that  he  had  heard,  from  me,  that  they  came  as  messengers 
of  peace  from  Mr.  Lincoln;  that  as  such  they  were  wel 
come;  that  the  Confederacy  had  never  concealed  its  desire 
for  peace,  and  that  he  was  ready  to  hear  whatever  they  had 
to  offer  on  that  subject. 

Mr.  Gilmore  then  addressed  the  President,  and  in  a  few 
minutes  had  conveyed  the  information  that  these  two  gen 
tlemen  had  come  to  Richmond  impressed  with  the  idea 
that  this  Government  would  accept  a  peace  on  a  basis  of 
a  reconstruction  of  the  Union,  the  abolition  of  slavery,  and 
tho  grant  of  an  amnesty  to  tho  people  of  the  States  as 
repentant  criminals.  In  order  to  accomplish  the  abolition 
of  slavery,  it  was  proposed  that  there  should  be  a  general 
vote  of  all  the  people  of  both  federations,  in  ma.^s,  and  tho 
majority  of  tho  veto  thus  taken  was  to  determine  that  as 
well  as  all  other  disputed  questions.  These  were  stated  to 
be  Mr.  Lincoln's  views.  The  President  answered,  that  as 
these;  proposals  had  been  prefaced  by  the  remark  that  the 
people  of  tho  North  were  a  majority,  and  that  a  majority 
ought  to  govern,  tho  offer  was,  in  effect,  a  prop<i:;;:l  tha't 
the  Confederate  States  should  surrender  at  discretion, 
admit  that  they  had  been  wrong  from  the  beginning  of  the 
contest,  submit  to  tho  mercy  of  their  enemies,  and  avow 
themselves  to  be  in  need  of  pardon  for  their  crimes  :  that 
extermination  was  preferable  to  dishonor. 

He  stated  that  if  they  were  themselves  so  unacquainted 
with  tho  form  of  their  own  Government  as  to  make  such 
propositions,  Mr.  Lincoln  ought  to  have  known,  when 
giving  them  his  views,  that  it  was  out  of  the  power  of  the 
Confederate  Government  to  act  on  the  subject  of  the  do 
mestic  institutions  of  the  several  States,  each  State  hiiving 
exclusive  jurisdiction  on  that  point,  still  less  to  commit  the 
decision  of  such  a  question  to  the  vote  of  a  foreign  people; 
that  the  separation  of  the  States  was  an  accomplished  fact ; 
that  ho  had  no  authority  to  receive  proposals  for  negotia 
tion  except  by  virtue  of  his  office  as  President  of  an  inde 
pendent  Confederacy;  and  on  this  basis  alono  must  pro 
posals  be  made  to  him. 

Nov.  7 — President  DAVIS  thus  closes  his  An- 
niwi  Message,  at  the  opening  of  the  second  ses 
sion  of  the  Second  Rebel  Congress: 

The  disposition  of  this  Government  for  a  peaceful  solution 
of  the  issues  which  tho  enemy  has  referred  to  the  arbitra 
ment  of  arms  has  been  too  often  manifested  and  is  too  well 
known  to  need  new  assurances.  But  while  it  is  true  that 
individuals  and  parties  in  the  United  States  have  indicated 
a  desire  to  substitute  reason  for  force,  and  by  negotiation 
to  stop  tho  further  sacrifice  of  human  life,  and  to  arrest  the 
calamities  which  now  afliict  both  countries,  the  authorities 


456 


APPENDIX. 


who  control  the  Government  of  our  enemies  have  too  often 
wid  too  clearly  expressed  their  resolution  to  make  no  peace, 
except  on  terms  of  our  unconditional  submission  and  degra 
dation,  to  leave  us  any  hope  of  the  cessation  of  hostilities 
until  the  delusion  of  their  ability  to  conquer  us  is  dispelled. 
Among  those  who  are  already  disposed  for  peace,  many  are 
actuated  liy  principle  and  by  disapproval  and  abhorrence 
of  the  iniquitous  warfare  that  their  Government  is  waging, 
while  others  are  moved  by  the  conviction  that  it  is  no  longer 
to  the  int'Tcst  of  the  United  States  to  continue  a  struggle 
in  which  success  is  unattainable. 

Whenever  this  fast-growing  conviction  shall  have  taken 
firm  root  in  the  minds  of  a  majority  of  the  Northern  people, 
there  will  be  produced  that  willingness  to  negotiate  for 
peace  which  is  now  confined  to  our  side.  Peace  is  mani- 
lestly  impossible  unless  desired  by  both  parties  to  this  war, 
and  the  disposition  for  it  among  our  enemies  will  bo  best 
and  most  certainly  evoked  by  the  demonstration  on  our 
part  of  ability  and  unshaken  determination  to  defend  our 
rights,  and  to  hold  no  earthly  price  too  dear  for  their  pur 
chase.  Whenever  there  shall  be  on  the  part  of  our  enemies 
a  desire  lor  peace,  there  will  be  no  difficulty  in  finding 
means  by  which  negotiation  can  be  opened;  but  it  is  ob 
vious  that  no  agency  can  bo  called  into  action  until  this 
desire  shall  bo  mutual.  When  that  contingency  shall  hap 
pen,  the  Government,  to  which  is  confided  the  treaty- 
making  power,  can  be  at  no  loss  for  means  adapted  to  ac 
complish  so  desirable  an  end. 

la  the  hope  that  the  day  will  soon  be  reached  when, 
under  Divine  favor,  these  States  may  be  allowed  to  enter 
on  their  former  peaceful  pursuits,  and  to  develop  the 
abundant  natural  resources  with  which  they  are  blessed, 
let  us  then  resolutely  continue  to  devote  our  united  and 
unimpaired  energies  to  the  defence  of  our  homes,  our  lives, 
and  our  liber  ties.  This  is  the  ti  ue  path  to  peace.  Let  us 
tread  it  with  confidence  in  the  assured  result. 

RESOLUTIONS    OF    THE  LEGISLATURE  OF  ALABAMA. 

The  Richmond  Enquirer  of  the  14th  October, 
1864,  publishes  the  annexed  resolutions  : 

Whereas  this  General  Assembly  did,  on  the  20th  August, 
1803,  adopt  the  two  resolutions  following,  to  wit : 

Resolved,  by  the,  Senate  and  House  of  Representatives  of 
Hie  Mate  of  Alabama,  in  General  Assembly  convened,  That 
thcs  war  now  being  waged  against  the  people  and  property 
of  the  Confederate  States,  by  the  United  States,  is  unpro 
voked  ;ind  unjust,  and  u  being  conducted  by  our  enemies 
in  utter  disregard  of  the  principles  which  should  control 
and  regulate  civilize:!  warfare;  that  our  oft-repeated  pur 
pose  never  to  submit  to  Abolition  rule  remains  unshaken; 
that  our  late  reverses  are  not  attributable  to  any  want  of 
courage  or  heroic  seli-sacrifice  on  the  part  of  our  brave 
armies,  and  should  not  discourage  our  people  or  produce 
doubts  aa  to  the  final  success;  arid  that  we  hereby  pledge  to 
the  cause  of  independence  and  perpetual  separation  from  the 
United  States  all  tlio  resources  of  the  State  of  Alabama. 

Be  it  fni'thi',)'  rcsolcetl,  That,  in  order  to  insure  a  speedy 
triumph  of  our  cause  and  the  firm  establishment  of  our  in 
dependence,  it  in  the  paramount  duty  of  every  citizen  in  the 
Con f; 'derate  States  to  sustain,  invigorate,  and  render  effective 
our  gallant  armies  to  the  full  extent  of  his  ability,  by  en 
couraging  enlistments,  by  furnishing  subsistence  to  the 
families  of  soldiers  nt  prices  corresponding  with  the  means 
of  such  families,  and  by  upholding  the  credit  and  currency 
of  the  Confederate  Government;  and  that  to  dishearten  the 
people  and  Uie  soldiers  at  a  period  like  (his,  to  enfeeble  the 
springs  of  action  and  destroy  the  elasticity  requisite  to  rise 
superior  to  (he  pressure  of  adverse  circumstances,  is  to  strike 
the  most  insidious,  and  yet  the  most  fatal  blow  at  the  very  life 
of  t'/e  Confederacy. 

And  whereas  this  General  Assembly  still  entertains  the 
opinions  and  cherishes  the  spirit  herein  expressed;  there 
fore, 

It  is  resolved  by  the  Senate  and  House  of  Representatives 

ft/ie  State  of  Alabama,  in  General  Assembly  convened, 
That  the  rosolutioi.'S  above  copied  be  and  the  same  arc 
hereby  re-asserted  and  re-adopted  as  expressive  of  the  feel 
ings,  sentiments,  wishes,  and  determination  of  this  General 
Assembly  at  the  present  time  and  in  the  present  exigency. 
2.  That  in  the  military  events  of  last  year  no  cause  for 
despondency  is  found,  and  that  neither  patriotism  nor  wis 
dom  can  tolerate  any  termination  of  the  present  war  without 
the  maintenance  of  tho  independence  of  the  Confederate 
States. 

VOTE    IN    THE     REBEL      HOUSE     OF     REPRESENTA- 
.    TIVES. 

18G4,  Nov.  21— "Sir.  Russell,  of  Virginia,  of- 
ered  the  following  resolution: 

Resolved,  That  this  House  deem  it  proper,  in  view  of 
receut  events,  to  repeat  the  views  expressed  in  the  resolu 


tion  adopted  by  the  last  Congress,  declaring  the  sense  of 
Congress  in  reference  to  reuniting  with  the  United  Stat.,*; 
that  it  is  the  unalterable  determination  of  the  <  onfederate 
States,  who  are  suffering  all  the  horrors  and  cruelties  of  a 
protracted  war,  that  they  will  never,  on  any  terms,  politi 
cally  affiliate  with  a  people  who  aro  engaged  in  the  inva 
sion  of  their  soil  and  the  butchery  of  their  citizens. 

Mr.  Clark,  of  Missouri,  desired  to  submit  a  sub*titute  for 
the  resolution,  embodying  the  same  views,  but  in  a  more 
extended  form. 

Mr.  Russell  declined  to  withdraw  the  call  for  the  ques 
tion,  but  asked  the  yeas  and  nays,  which  were  ordered,  and 
resulted  as  follows : 

YEAS— Messrs.  Baldwin,  Barksdale,  Batson.  Bell,  Bland- 
ford,  Boyce,  Bradle^  Branch,  Bridgers,  E.  M.  Brr.ce,  II.  W. 
Bruce,  Burnett,  Chambers,  Chilton,  Chrisman,  Clark,  Clop- 
ton,  Cluskcy,  Colyar,  Conrow,  Crniksharik,  D.irden,  De  Jar- 
ricttc,  Dickinson,  Dupro.  Elliott,  Farrow,  Foote  Fuller, 
Gaitlur,  Garland,  Gohlson,Goode,II;inly.  Cartridge, Hatch 
er,  Herbert,  Hilton,  Holder,  Halladay,  Johnston,  Keeble, 
Kenner,  Lumpkin,  Leach,  J.  M.,  Leach,  J.  T.,  Lester,  Logan, 
Lyou,  Machen,  McMuJlen,  Menees,  Miles,  Miller,  Montague, 
Moore,  Murray,  Norton,  Orr,  Perkins,  Ramsay,  Read,  Rives, 
Rogers,  Russell,  Sexton,  Simpson,  Smith,  J.  M.,  Smith,  W. 
E.,  Smith  of  Ala.,  Smith  of  N.  C.,  Snead,  Staples,  Swan, 
Triplett,  Turner,  Vest,  Villers,  Welsh,  Wickham,  Wilkes, 
Withcrspoon,  Mr.  Speaker — 83. 

NAYS — None. 

THE    PEACE    ADDRESS    FROM    GREAT    BRITAIN. 
WASHINGTON,  D.  C.,  November  26, 1864. 
Hon.  WILLIAM  H.  SEWARD,  Secretary  of  State,  d-c.,  d-c.: 

HON.  SIR  :  I  beg  to  inform  you  that  I  have  been  deputed 
to  convey  to  this  country  an  address  from  the  people  of 
Great  Britain  and  Ireland  to  the  people  of  the  United 
States  of  America.  Tho  address  was  presented  to  Governor 
Seymour  for  him  to  present  through  tho  proper  channel. 
I  was  requested  by  him  to  convey  it  to  the  President  of  the 
United  States,  as  the  authorized  channel  of  communica 
tion  between  the  people  of  other  nations  and  the  people  of 
the  United  States  of  America. 

May  I,  therefore,  ask  the  honor  of  an  opportunity  for  so 
doing  ? 

I  am,  Hon.  sir,  yours,  most  obediently, 

JOSEPH  PARKER. 


DEPARTMENT  op  STATE, 
WASHINGTON,  November  26,  1864 

To  JOSEPH  PARKER,  Esq.,  Washington,  D.  C. : 

i^'iR  :  Your  letter  of  this  date,  stating  that  you  are  the 
bearer  of  an  address  from  the  people  of  Great  Britain  and 
Ireland  to  th«  people  of  the  United  States,  has  been  re- 
ceued.  Before  answering  the  question  which  your  letter 
contains,  it  is  desi  rable  to  be  further  informed  whether  you 
have  authority  from  the  Government  of  (Jreat  Britain  and 
Ireland  f  >r  the  purpose  referred  to,  acd  whether  your  mis 
sion  has  been  made  known  to  the  diplomatic  agent  of  that 
Government  accredited  to  the  Government  of  the  United 
States. 
I  am,  sir.  your  very  obedient  servant, 

WILLLIAM  II.  SEWARD. 


METROPOLITAN  HOTEL. 
WASHINGTON,  D.  C.,  November '26,  1864. 

Hon.  W.  II.  SEWARD,  Secretary  of  State,  d-c.,  dc.: 

HON  SIR:  In  reply  to  your  letter  of  to-day,  permit  me 
to  state  that  the  address  which  I  have  had  the  honor  of 
being  deputed  by  tho  parties  signing  it  to  bring  to  this 
country,  and  containing  the  signatures ol  some  three  hun 
dred  and  fifty  thousand  of  my  countrymen — from  the  peer 
to  the  artisan — isno<  from  the  Government  of  Great  Bri 
tain  nor  from  any  political  party.  It  is  simply  an  expres 
sion  of  tho  earnest  desire  of  the  masses  of  the  people  of 
Great  Britain  to  see  peace  again  restored  to  this  continent. 
Waiting  your  favor,  I  am,  Hon.  sir, 

Yours,  most  obediently, 

JOSEPH  PARKER. 


DEPARTMENT  OF  STATE. 
WASHINGTON,  November  2(>,  1S64, 

To  JOSEPH  PARKER,  Esq. ,  Metropolitan  Hotel: 

SIR:  The  Government  ofiho  United  Statescannot  receive 
the  address  which  was  mentioned  in  your   notes  of  this 
morning.    Your  request   for  an  interview  wiih  the  Presi 
dent  to  present  tho  address  is  therefore  d.clined. 
I  am,  sir,  your  obedient  servant, 

WILLIAM  H.  SEWARD. 


APPENDIX. 


457 


tl  PEACE  "    IN    THE    REBEL    CONGRESS. 

1864,  November  26— Mr.  J.  T.  Leach,  of 
North  Carolina,  offered  the  following  resolu 
tions  : 

Whereas  the  unfriendly,  unjustifiable,  and  unpatriotic 
interference  of  citizen*  of  the  non-slaveholding  States  in 
their  popular  assemblies,  from  the  pulpit,  and  by  legislative 
enactments,  with  the  reserved  rights  of  the  States,  provided 
in  the  Constitution  of  the  United  States,  and  by  the 
laws  of  Congress,  has  been  the  prolific  cause  of  a  cruel, 
bloody,  and  relentless  war,  that  has  no  parallel  in  point  of 
atrocity,  in  the  annals  of  the  world,  between  a  people  pro 
fessing  the  Christian  religion  : 

And  whereas  the  citizens  of  the  slave  States,  at  an 
unguarded  moment,  under  the  influence  of  unwise  counsel, 
without  mature  deliberation  as  to  the  fearful  consequence, 
made  the  election  of  Abraham  Lincoln  to  the  Presidency  of 
the  United  States  the  occasion  for  precipitating  the  Confed 
erate  States  out  of  the  Union,  which  has  been  followed  by  a 
train  of  fearful  consequences  not  contemplated  by  those 
who  advocated  tho  measure  : 

And  whereas,  we,  the  representatives  of  the  people  of  tho 
Confederate  States,  desiring  to  place  ourselves  fairly  before 
our  constituents,  our  enemies,  and  the  civil  world,  declare 
that  it  is  our  earnest  desire  that  proper  measures  should  be 
adopted  by  the  respective  Governments  to  secure  an  honor 
able,  just,  and  permanent  peace,  not  incompatible  with  the 
principles  as  laid  down  in  the  Constitution  of  the  United 
St;ttes,  nor  with  the  inalienable  rights  of  freemen; 

Jfesolveil,  That  the  reserved  rights  of  the  States  should 
be  guarded  with  watchful  and  jealous  vigilance,  and  that 
any  attempt  to  infringe  upon  those  rights  should  be  resisted 
by  ;ill  l,i\\ftil  and  proper  means. 

It:  so! red,  Thi.t  whenever  the  Government  of  the  United 
Stales  shall  signify  its  willingness  to  recognize  the  reserved 
rights  of  the  M;:U-s,  and  guarantee  to  the  citizens  of  the 
States  their  rights  of  property,  as  provided  in  the  Consti 
tution  of  the  In.  ted  States,  and  the  laws  of  Congress,  to 
the  end  that  pe;:ct!  may  lie  restored,  and  our  future  happi 
ness  and  prosperity  perpetuated,  we  will  agree  to  treat  for  j 
peace  ;  and  tlut  such  terms  of  peace  as  may  be  agreed  to 
by  commissioners  appointed  by  the  respective  Governments,  | 
or  by  the  States  acting  in  their  sovereign  and  independent  i 
character,    and    ratified   by   a  majority   of    tho    people,  j 
sh;>li  constitute  the  bond  of  pence  between  the  North  and 
the  South. 

Mr.  Leach  said  :  Mr.  Speaker,  the  resolutions  that  I  hold 
in  my  hand,  and  that  I  propose  to  read,  by  tho  permission 
of  the  Chair,  are  not  intended  as  an  apple  of  discord  in  our 
midst.  I  trust,  sir,  that  they  may  not  produce  discord  in 
our  midst.  All  I  a.sk  is,  that  they  may  have  a  calm,  careful, 
unprejudiced  hearing. 

I  do  not  offer  them  unadvisedly.  I  have  consulted  my 
friends  as  to  the  propriety  of  introducing  them,  as  well 
as  the  proper  time  and  circumstances.  There  is  a  different 
opinion  as  to  the  propriety  of  time  and  circumstances. 

I  do  not  offer  them  for  the  purpose  of  strengthening  the 
arm  of  the  enemy.  That  has  been  effectually  done  by  the 
President  in  his  speech  at  Macon,  Ga.,  and  more  effectually 
strengthened  by  the  Governors  of  the  Confederate  States  i 
and  the  President  when  they  recommended  tho  use  of  | 
negroes  ay  .soldiers  in  the  Confederate  army.  I  do  not  offer 
them  for  the  purpose  of  discouraging  our  heroic  soldiers, 
who  have  braved  the  leaden  hail  of  death  upon  the  bloody 
battle-field.  I  believe  it  will  aroute  them  to  know  that 
they  are  fighting  for  something  more  dear  to  them  than  tho 
negro. 

I  offer  them  because  I  believe  there  is  something  practical 
in  them.  I  offer  them  because  I  am  satisfied  that  my 
constituents,  both  citizens  and  soldiers,  desire  an  honorable 
peace.  1  offer  them  because  lam  satisfied  that  the  prayers 
of  Christians,  statesmen,  and  patriots  have  been  poured  out 
for  peace,  and  that  tho  great  heart  of  tho  nation  is  pulsa 
ting  lor  peace.  I  offer  them  because  I  know  that  war  is  a 
relentless,  cruel,  blind  monster,  lulling  where  he  cannot 
make  alive,  and  reaping  where  he  has  not  sown. 

[Mr.  Leach  desires  to  be  understood  as  not  including  tho 
"Border  Stales  "  in  his  revolutions,  the  ordinances  of  seces 
sion  having  been  adopted  in  the  "  Cotton  States  "  long  be- 
lore  the  '•  Border  States  "  went  out.  The  latter  acted  under 
the  pivssure  of  circumstances  over  which  they  had  no  i 
control.) 

Mr.  Montngue  (Va.)said  that  he  had  not  designed  saying  I 
anything  when  he  entered  the  hall  to-day,  but  he  was  un-  I 
willing  to  let  the  resolutions  of  the  gentleman  from  North  | 
Carolina  pass  without  a  protest.  He  reviewed  them  elo-  I 
qtiently  and  earnestly,  and  moved  that  they  be  rejected. 

Numerous  gentlemen  called  tho  question. 

Mr.  Leach  agiicd  that  the  vote  bo  taken  by  yeas  and  nays,  I 
an,  I  the  House  seemed  to  rise  simultaneously  to  sustain  the  > 
tail. 


The  roll  being  called,  all  the  members  voted  in  the  affirm 
ative,  except  Messrs.  Fuller,  J.  M.  Loach,  J.  T.  Leach,  Lo 
gan,  Ramsay,  and  Turner,  all  of  North  Carolina. 

Messrs.  Fuller,  Ramsay,  and  J.  M.  Leach,  after  the  vote 
was  announced,  asked  leave  to  change  their  votes,  a.s  they 
had  voted  in  the  negative  under  the  apprehension  that  it 
would  be  regarded  as  a  discourtesy  to  an  honorable  col 
league. 

Their  votes  were,  with  the  consent  of  the  House,  recorded 
in  the  affirmative. 

Mr.  J.  M.  Leach  stated  that  he  knew  there  was  no  mem 
ber  on  the  floor  from  North  Carolina  who  desired  peace  upon 
any  other  terms  than  eternal  separation  from  tho  North. 
[Applause  in  the  galleries  which  was  checked  by  the 
chair.] 

A  SECOND  LETTER  PROM  HON.   W.   W.   BOYCE. 

WINNSBORO',  S.  C.,  October  20. 

DEAR  SIR  :  In  reply  to  your  note,  I  beg  leave  to  say  that 
I  think  the  course  I  recommend  the  best  possible  course  to 
attain  the  great  object  we  are  aiming  at,  the  establishment 
of  our  independence.  It  proceeds  upon  two  leading  ideas : 

1.  To  reconcile  the  North,  or  such  portion  as  may  be 
rational,  to  our  independence,  by  harmonizing  as  much  as 
possible  our  independence  with  their  material  interest. 

2.  To  avail  ourselves  of  the  division  of  sentiment  at  the 
North. 

It  was  to  give  potency  to  these  iwo  ideas  at  the  South 
that  I  insisted  so  strenuously  in  my  letter  to  the  President 
on  the  danger  to  our  republican  institutions  from  the  in 
definite  continuance  of  the  war. 

Let  mo  call  attention  to  this  striking  fact,  that,  of  all  the 
world,  tho  only  political  organization  which  proposes  to 
intervene  between  us  and  the  war  party  North,  is  the 
party  which  adopted  the  Chicago  platform.  Now,  should 
we  pursue  a  policy  to  build  up  that  party  or  not  ?  I  think 
most  decidedly  we  should. 

Let  me  call  your  attention  to  another  fact.  In  the  event 
of  the  assembling  of  a  Congress  of  tho  States,  it  is  mani 
fest  that,  in  that  Congress,  from  the  Northern  States,  would 
be  represented  two  adverse  systems  of  ideas — one  having 
the  animus  of  the  Chicago  platform,  the  other  of  the  Lin 
coln  programme. 

Tho  first  of  these  would  be  in  the  ascendancy  because 
tho  very  convening  of  the  Congress  necessaiily  implies  tho 
defeat  of  Lincoln  and  his  system,  as  it  is  well  understood 
that  Lincoln  an-d  the  party  he  represents  are  utterly  op 
posed  to  the  assembling  of  this  Congress. 

Under  this  state  of  facts,  an  abrupt  division  of  sentiment 
would  be  found  in  tho  Congress  between  the  opponents  and 
the  supporters  of  Lincoln.  From  this  there  might  result 
events  of  the  vastest  advantage  to  us,  if  our  councils  were 
guided  by  a  masterly  wisdom. 

If,  under  that  conjecture,  we  could  dig  up  tho  head  of 
Richelieu  or  Louis  XI,  or  even  tho  head  of  Elizabeth,  tho 
great  Queen  of  England,  and  put  it,  full  of  its  original 
brains,  upon  the  shoulders  of  tho  man  who  would  have  the 
direction  of  our  diplomacy  in  that  Congress,  tho  chances 
would  bo  a  thousand  to  one  that  our  country  would  emerge 
from  tho  clouds  which  now  enshroud  it.  "  redeemed,  re 
generated,  disenthralled."  War  is  but  a  blind  giant,  strik 
ing  at  random,  unless  the  genius  of  diplomacy  directs  tho 
blows.  Ideas  are  the  true  divinities  of  this  sublunary 
world.  Let  us  consult  these  our  oracles. 

As  regards  the  instructions  to  our  delegates,  I  have  no 
objection  to  their  being  of  the  character  you  indicate. 

My  great  purpose  is  to  break  down  the  wall  of  fire  which 
separates  us  from  the  influences  of  peace  North.  I  have 
great  faith  that  if  Lincoln  and  his  policy  were  once  repu 
diated,  and  negotiations  for  peace  entered  upon,  that  every 
moment  wo  would  approach  nearer  and  nearer  to  an  aus 
picious  result.  With  great  respect,  &c., 

WILLIAM  W.  BOYCE. 

Mr.  JAMES  G.  HOLMES. 

SECOND  LETTER  FROM  ALEXANDER  H.   STEPHENS. 

Mr.  Alexander  H.  Stephens,  of  Georgia,  the 
Confederate  Vice  President,  has  published  the 
following  letter  in  further  explanation  of  his 
views  on  the  peace  question.  It  originally  ap 
peared  in  the  Augusta  Constitutionalist  of  the 
10th  November,  1864,  prefaced  by  a  note  from 
Mr.  Stephens,  by  which  it  appears  that  this  let 
ter  was  not  intended  for  the  public  eye,  but 
that  its  publication  has  been  induced  by  the 
strictures  of  the  public  press  upon  a  prior  let 
ter  of  Mr.  S.  on  the  same  subject  Some  por 
tions  of  the  letter,  as  is  indi-at  d  by  asterisks, 
are  omitted.  Of  these  Mr.  Stephens  says  that 


458 


APPENDIX. 


some  are  omitted  from  public  considerations, 
and  oth'rs  because  they  relate  exclusively  to 
individual  affairs. 

CRAWFORDSVJLLE,  (GA.,)  November  5, 1864. 
Hon.  THOMAS  J.  SEMMES,  C.  S.  Senate,  Richmond. 

MY  DKVR  Siu:  I  have  just  read  a  report  of  your  speech 
at  Mobile.  From  that  report  I  am  persuaded  you  are 
greatly  mistaken  as  to  my  views  upon  the  subject  of  a 
Convention  of  tho  States,  and  I  trust  you  will  excuse  and 
pardon  me  lor  this  letter  upon  that  subject. 

I  have  by  no  means  invited  such  a  convention  by  any 
thin"  that  I  have  said  or  written  upon  the  subject.  It  is 
not  at  all  a  favorite  idea  with  me  as  a  mode  of  inaugurat 
ing  negotiations  for  pc>ace.  I  see  many  difficulties  attend 
ing  it.°  But  as  so  respectable  a  body  as  the  Chicago  Con 
vention,  representing  so  large  a  portion  of  the  enemy,  had 
plodded  themselves,  if  brought  into  power,  to  tender  such 
a  proposition,  I  did  think,  and  do  stiil  think,  that  it  was 
highly  politic  and  wise  on  our  part  to  respond  favorably  to 
that  proposition,  inasmuch  as  1  saw  no  insuperable  objec 
tion  to  it  with  tho  limitations  and  restrictions  stated  in  my 
letter.  Indeed,  with  those  limitations  I  saw  no  objection 
;;t  all,  under  present  circumstances,  to  acceding  to  such  a 
proposition  (if  it  should  bo  made)  as  the  initiation  of  ne 
gotiations.  It  would  be  the  iirst  step,  and  in  all  such  cases 
the  first,  t'top  is  often  the  most  difficult. 

If  the  Federal  Government  should  propose  to  ours  a  con 
vention  of  the  States,  I  do  not  see  why  it  might  not  be 
ace:  pled  simply  as  an  advisory  body,  as  I  suggested.  1 
nee  no  constitutional  difficulties  in  the  way.  The  treaty- 
making  power  in  both  Governments  is  ample  to  provide 
for  it.  Tho  treaty-making  power  on  both  sides  might 
agree  to  submit  the  questions  at  issue  to  the  consideration 
ol  ;:ny  set  of  men  on  earth,  if  they  choose,  and  hear  tho 
report  without  any  pledge  in  advance  to  be  bound  by  that 
rcpcrr.  In  personal  quarrels,  such  submission  is  often 
made  and  to  tho  honor  of  humanity  it  may  be  said  that, 
in  most  cases  of  this  kind,  the  result  is  an  amicable  and 
honorable  settlement.  Whether  such  would  be  the  result 
of  a  convention  of  the  States  in  our  case,  i.3  of  course  un 
certain.  Tho  probabilities,  I  am  free  to  say,  in  my  judg 
ment,  are  that  it  would  bo.  At  any  rate  there  is  a  possi 
bility  that  it  might.  When  we  look  at  the  elements  ol 
such  a  body,  if  it  should  be  tendered  on  the  other  side  am1 
accepted  on  ours,  and  the  true  nature  of  the  controversy 
I  am  not  without  strong  hopes  that  it  would  so  result. 


There  is  no  prospect  of  such  proposition  being  tendered 
unless  McClellan  should  be  elected.  Ho  cannot  be  elected 
without  carrying  a  sufficient  number  of  the  States,  which, 
if  united  with  those  of  the  Confederacy,  would  make  a 
majority  of  tho  States.  In  such  a  Convention  tho-i,  so 
formed,  have  we  not  strong  reisonsto  hope  and  expcci 
that  a  resolution  could  b«  passed  denyingthoconstitntional 
power  of  the  Government,  under  the  corn-pact  of  1787,  to 
coerce  a  State  ?  Tho  Chicago  platform  virtually  does  thl 
already.  Would  not  nudi  a  Convention  most  probably  re 
affirm 'the  Kentucky  and  Virginia  resolutions  of  1798  am 
F/OJ?  Are  there*  not  i;trong  reasons,  at  l.-ast,  to  induce  us- 
to  hope  and  believe  that  they  might?  If  even  that  conic 
be  done  it  would  end  the  war.  It  would  recognize  as  th< 
fundament::!  principle  of  American  institutions  the  »lti 
inata,  absolute  sovereignty  of  the  several  t  tares.  This  i'nlh 
cove.it*  our  independence— as  fully  as  I  wish  ever  to  see  i 
covered.  I  wish  no  other  kind  of  recogniti  in,  whenever  i 
comes,  than  that  of  George  III.  of  England,  viz :  there 
cognition  of  tho  sovereignty  and  independence  ot  each 
State,  separately  and  by  name. 

Our  Confederation  was  formed  by  sovereign  and  inde 
pendent  States.  It  was  IbniK-d  for  the  defence  and  main 
tenance  of  the  sovereignty  of  each.  We  have  unity  ot 
name  and  unity  of  action,  simply  because  the  cause  ot  each 
has  become  the  cause  of  all.  If,  then,  a  majority  of  the 
State.,  should,  in  solemn  convention,  settle  this  great  prin 
ciple,  would  it  not  virtually  settle  the  controver  y  and  end 
the  war,  covering  every  tiling  for  which  we  are  contending? 
Would  not  the  terms  of  a  linal  treaty  of  peace  be  easily 
adjusted  after  th»  settlement  of  this  great  principle?  And 
nr'e  there  not  sufficient  reasons  to  hope  that  eUCh  might  be 
the  result,  in  case  a  convention  should  be  proposed  »-- 
have  stated,  and  accepted  as  a  mode  of  inaugurating  nego 
tiations  of  peace,  to  justify  our  making  a  favorable  response 
to  tho  lender  of  the  party  at  Chicago,  in  case  they  should 
be  brought  into  power?  To  my  mind  it  seems  clear  that 

'  Vuu'w'.ll  also  allow  me  to  say,  that  I  look  upon  the  elec 
tion  of  McClcl!au  as^t  matter  of  vast  importance  to  us  iu 
every  view  of  the  e;'.8<',  and  hence  1  thought  it  judicious, 
patriotic,  and  wiao  to  do  everything  that  could  be  properly 
done  U>aid  in  his  election.  Whatever  may  be  In .;  individual 
opinions,  ho  «  the  candidate  of  t  lie  State  rights  party  at 
tno  North,  in  opposition  to  the  Centralists  and  CouBolido- 
s,  whose  hobby  nuW  is  Abolitionism.  I  have  thought 


rom  tho  beginning  that  our  true  policy  was  to  build  np  an-? 
tivugthcn  such  a  party  at  the  North  by  all  i.ie-.i.s  in  oui 
xnver.  Not  only  upon  t!ie  wise  maxim  of  Philip,  of  Mac  - 
on,  to  divide  the  enemy  us  a  question  of  policy  IIKTC 
>ut  from  a  higher  and  much  nobler  motive.  Not  only  an 
arly  pi-ace,  but  our  future  safety,  security,  and  happiness 
i  i|iiin-d  it. 

The  people  of  the  North  are  obliged  to  be  our  neighbors. 
t  matters  not  how  this  war  may  terminate,  they  lUVnlong- 
ide  of  us,  and  must,  with  the  generations  after  them,  there 
emain  forever.  It  is  of  the  utmost  importance  to  us  and 
mr  posterity  that  they  should  be  good  neighbors,  wlm 
iver  be  the  relations  existing  between  them  and  us.  To  be 
good  neighbors  they  must  have  a  good  Government.  It  is 
lUnost  as  vital  to  us  that  they  have  a  good  Government  as 
hat  we  have  such  ourselves.  It  is  much  better  to  govern, 
f  it  can  be  done,  bv  ideas  than  the  sword.  If  this  war 
jhall  result  in  the  establishment,  permanently,  of  tho  fun 
damental  principle  lying  at  tho  foundation  of  American 
constitutional  lioerty,  that  is,  tho  absolute,  ultimate  s;»v.-r- 
Mgnty  of  tho  States,  it  will  more  than  compensate  for  all 
ts  sacrifices  of  blood  and  treasure,  great  as  tlu-s-j  have  been, 
>r  may  be.  It  will  secure  peace  on  the  continent  for  ag<  s 

0  come.     We  therefore  have  a  great  interest  in  lostering, 
Cherishing,  and  building  up  and  raising  to  power  at  the 
Morth  any  party  favoring  these  principled. 

If  the  proper  line  of  p  licy  had  been  pursued  by  our 
mthorities  toward  that  element  of  popular  sentiment  at  the 
tforth  from  the  beginning,  I  believe  the  States  rights  party 
;hero  would  have  been  triumphant  at  the  approaching 
election.  I  believe  an  out  and  out  State  rights  man  might 
.ml  would  have-  been  nominated  at  Chicago  and  elected. 
Sut  the  policy  of  our  authorities  seems  to  me,  as  far  us  I 
can  judge  of  it,  to  have  been  directed  wit  ha  view  to  weaken, 
cripple,  and  annihilate  that  party.  So  far  from  acting  even 
upon  the  policy  of  dividing  tho  enemy,  their  object  seem* 
to  have  been  to  unite  and  inflame  them.  I  do.  moreover, 
verily  believe  t  hat  ii' President  Davis,  even  after  Me  lellun's 

omjnation,  had  made  a  favorable  response  to  the  Chicago- 
.esolution  looking  to  a  Convention  of  the  States,  a;<  a  mode 
of  inaugurating  negotiations  of  peace,  that  it  would  greatly 
have  aided  his  election.  It  might  have  secured  it.  All 
that  he  need  have  sai  1  in  some  public  manm  r  was,  that  if 

ich  proposition  should  be  tendered  by  the  Fed<-r::l  Govcr-.i- 

eut  ho  would  accede  to  it,  with  some  such  limitations  and 
restrictions  as  stated  by  me  in  the  letter  before  alluded  to, 
Tho  idea  that  this  could  not  be  constitutionally  done  ia 
strange- to  me.  In  the  most  objectionable  view  of  the  s<ui»» 
ject,  delegates,  one  or  more  from  each  State,  would  be  but 
commissioners  or  plenipotentiaries  from  each  Government 
respectively  to  initiate  negotiations,  <fcc.  Their  acts  would 
be  subject  to  the  approval  or  disapproval  of  their  Govern 
ments  respectively.  Why  commissioners  could  not  be  ap 
pointed  in  this  way  as  well  as  any  other,  without  any  vio 
lation  of  the  Constitution,  I  do  not  see.  The  treaty-making 
power  in  both  Governments  is  ample  for  this  purpose.  At 
least  it  seems  so  to  me.  Indeed,  as  I  have  su;d  before,  it 
seems  to  me  that  it  is  ample  on  both  side.?  to  submit  the 
questions  in  issue  to  the  consideration  merely  of  any  body 
on  earth.  But  enough  of  this. 

I  know  that  there  are  many  person*  among  us.  whose 
opinions  are  entitled  to  high  consideration,  who  do  not 
agree  with  me  on  the  question  of  McClollan's  election. 
They  prefer  Lincoln  to  McClollan.  I'erhaps  the  President 
belongs  to  that  class.  Judging  from  his  acts,  I  should  think  , 
that  he  did.  Those  of  the  class  to  whom  [  refer  with  whom 

1  have  met,  think  that  if  what  they   term  a  conservative 
man  should  be  elected,  or  any  on  the  Chicago  platform  even, 
that  such  terms  for  a  restoration  of  tho  Union  would  be 
offered  as  our  people  would  accept,   The  ghost  of  the  Union 
haunts  them.      The  spectre  of   reconstruction  rears    its 
ghiisily  head  at  every  corner,  to  their  imagination.    These 
apprehensions,  I  doubt  not,  are  sincere.    Eut  I  entertain 
none  such  myself.     I  sun  no  believer  in  ghosts  of  any  kind. 
Tho  old  Union  and  tho  old  Constitution   are   both  dead— 
dead  forever,  except  in  so  far  as   the  Constitution  has  been 
preserved  by  us.     ihere  is,  for  the  Union  aa  it  was,  no  re 
surrection  by  any  power  short  of  that  which  brought  La/a- 
rus  from  tho  tomb.  There  may  be,  and  doubtless  are,  many 
at  the  North  and  some  at  tho  South  who  look  forward  to  a 
restoration   of  the  Union  and   the  Constitution   as  it  was: 
but  such  ideas  are  vain  and  illusory  us  tho  <!r:-amy  Imagin 
ings  of  the  Indian  warrior,   who   in  death  clings  to   his 
weapons  in  fond  expectation  that  he  will  have  us.-  for  them 
beyond  tho  grave  in  other  lands  and  in-w  hunti  ;g  grounds. 

These  fears  of  voluntary  reconstruction  are  but  chimeras 
of  tho  brain.  No  one  need  entertain  any  such  from  Mc- 
Clellan's  election.  But,  on  the  contrary,  I  think  that 
peace,  and  peace  upon  the  ba^ia  of  a  separation  of  the 
States  and  our  independence,  would  be  the  almost  certain 
ultimate  result, if  our  authorities  should  r.ct  wisely,  in  the 
event  of  hid  election.  My  reasons  for  this  opinion  aro 
brieflv  these:  A  proposition  for  an  armistice  aud  a  Conven 
tion  of  the  States  might  be  expected  from  him  soon  after 


APPENDIX. 


451) 


his  induction  into  office.  This,  on  our  side,  being  acceded 
to,  as  it  ought  to  be,  some  time  would  elapse  before  tho 
conference  could  meet.  The  passion  of  the  day  on  both 
Bides  would  considerably  subside  in  the  interim.  TheCoii- 
vention  might  ad»pt  such  11  resolution  as  I  have  stated. 
Looking  to  its  probable  composition,  as  before  stated,  there 
is  strong  probability  that  it  would.  That,  as  before  stated, 
would  end  the  matter,  and  to  our  entire  satisfaction.  Eut, 
take  the  worst  snpposablo  view  of  it.  .  upposo  that  they 
should  wrangle,  do  nothing,  and  adjourn,  and  that  no 
other  mode  of  settlement  by  negotiation  should  be  pro 
posed.  How  would  matters  then  stand  ? 

McClellan  would  doubtless,  as  his  letter  of  acceptance 
indicates  he  would  do,  renew  the  war  for  the  restoration 
of  the  Union  and  the  old  Constitution  with  all  its  guaran 
ties.  The-  moment  he  should  do  this,  the  whole  abolition 
element  at  the  North,  now  the  life  and  the  soul  of  the  war, 
would  turn  against  it.  The  old  Union  with  the  old  Consti 
tution  is  just  what  they  do  not  want.  They  have  always 
regarded  it  as  no  better  than  ';a  league  with  Satan  and  a 
covenant  with  Hell."  TIis  right  arm  of  the  war-spirit  of 
the  North  will  be  paralyzed  the  moment  the  war  is  put 
upon  that  footing.  Besides  this  at  least  two-thirds  of  Mc- 
Clellan's  own  party  manfully  hold  and  proclaim  the  doc 
trine  that  there  is  no  power  in  the  central  Government 
constitutionally  to  coerce  a  State.  These  two  elements 
would  constitute  an  overwhelming  majority  at  the  North 
decidedly  against  tho  further  prosecution  of  the  war. 
v  Meanwhile  financial  embar.  assments  would  be  doing  their 
work.  The  war  would  inevitably  fail  in  consequence. 
When  all  efforts  to  persudo  our  people  to  go  back  into  the 
Union  voluntarily  failed,  as  they  would,  if  our  authorities 
shall  so  act  as  to  secure  the  hearts  and  affections  of  the 
people  as  they  ought,  then  McClellan  would  ultimately  be 
compelled  to  give  up  tho  restoration  of  the  Union  as  a  for 
lorn  hope.  Peace  would  come  slowly  but  surely  upon  our 
own  terms  and  without  any  more  fighting. 

But  this  is  not  all.  Other  causes  would  operate  to  the 
same  result,  which,  of  themselves,  even  without  consider 
ing  those  above  stated,  would  effect  the  same  thing.  The 
moment  McClellan  should  renew  the  war  with  the  avowed 
object  of  restoring  the  Union  with  the  old  Constitution  and 
ail  its  guaranties,  that  moment,  or  as  soon  as  possible,  our 
recognition  abroad  would  come.  The  silent  sympathy  of 
England,  France,  and  other  European  Powers,  at  present 
with  Lincoln,  arises  entirely  from  their  mania  upon  the 
subject  of  negro  slavery.  *##**# 
Lincoln  had  either  to  witness  our  recognition  abroad, 
the  moral  power  of  which  alone,  he  saw,  would  break  down 
the  war.  or  to  make  it  an  emancipation  war.  lie  chose  the 
latter  alternative,  and  the  more  readily  because  it  chimed 
in  so  accordantly  with  the  feelings  and  views  of  his  own 
party.  This,  in  my  opinion,  is  the  plain  English  of  the 
whole  matter;  and  just  as  soon  as  McClellan  should  re 
new  the  war  with  a  view  to  restore  the  Union,  the  old 
Constitution,  with  sl.ivery,  <tc.,  would  England,  France, 
and  other  European  Powers  throw  a'l  the  moral  power 
and  influence  of  their  recognition  on  our  side.  I  am  not 
certain  that  they  would  not  go  further,  rather  than  see  the 
Union  thus  restored,  if  it  should  become  necessary.  But 
it  would  not  become  necessary.  The  other  causes  alluded 
to  would  completely  effect  our  deliverance  without  any 
material  aid  from  them. 

So,  iu  any  and  every  view  I  can  take  of  the  subject,  I 
regard  the  eiectioa  of  McClellan  and  tho  success  of  the 
State  rights  party  of  the  North,  whose  nominee  ho  is,  of  the 
utmost  importance  to  us  With  these  views,  yon  readily 
perceive  how  1  regarded  the  action  of  tho  Chicago  Conven 
tion  as  "a  ray  of  light,  tho  first  ray  of  real  light  1  had  seen 
from  the  North  since  this  war  Vegan."  You  can  also,  from 
these  views,  more  correctly  appreciate  my  motives  for 
g.ving  what  1  considered  a  favorable  response  to  that  action. 
1  bespeak  your  careful  attention  to  tho  language  of  that 
response.  From  the  report  of  your  speech  I  am  led  to  infer 
that  you  entertained  the  opinion  that  I  was  favor  ing  and  invi 
ting  a  Convention  of  the  States  in  some  outside  way,  and  not 
through  the  organized  channels-  of  the  two  Governments. 
No  such  idea  was  ever  in  my  mind,  and  never  can  bo  until 
I  am  prepared  for  another  rcvo.ution — if  secession  bo  a 
revolution  ;  for  the  States  could  not  go  into  such  a  Conven 
tion  as  yon  seem,  from  tho  report  of  your  speech,  to  think 
I  favored,  without  first  seceding  from  their  present  alliance. 
This,  to  my  mind,  is  as  clear  as  it  is  to  yours.  Of  course 
what  I  said  had  to  be  brief,  covering  only  general  points. 
I  could  not  go  into  a  full  explanation  of  my  reasons  for 
what  I  said,  because  that  would  have  clone  damage  instead 
of  good  to  the  cause  which  I  wished  to  aid. 

I  know  that  many  of  our  people  know  that  any  allusion 
to  pea'  e  on  our  side,  or  any  public  expression  of  a  desire 
for  peace,  or  the  offer  of  terms  upon  which  we  ouglit  to  be 
willing  to  make  peace,  is  injurious  toonr  cause  ;  that  it  has 
a  bad  effect  upon  our  armies  and  encourages  the  enemy  to 
flght  on  under  the  belief  that  such  declaration  indicates  a 


deposition  on  our  part  to  yield.  Some  go  so  far  as  to  main 
tain  that  we  cannot,  consistently  with  our  purpose  to  secure 
independence  at  all  hazards,  entertain  any  propositions 
unless  they  be  based  upon  our  independence,  or  unless 
this  be  promised  and  granted  ia  the  offer.  I  concur 
in  none  of  this  reasoning.  Nothing  would  give  us  more 
strength  at  homo  or  abroad,  with  our  armies  and  the  world^ 
than  to  keep  constantly  before  tho  public  what  we  are  fight 
ing  fo~  and  the  terms  upon  which  the  coi  test  forced  upon 
us  may  be  ended.  The  right  is  with  us.  Tlvj  right  always 
has  of  its.'lf  great  moral  power  if  properly  us^d  and 
wielded.  This  depends  upon  what  may  ba  styled  diplo 
macy.  Diplomacy  does  not  necessarily  involve  interchange 
of  viowsor  intercourse  between  parties.  It  should  not  be 
negfected  in  wars,  even  though  tho  enemy  should  refuse  to> 
receive  any  communications.  The  result  of  most  wars  de 
pends  as  much  upon  diplomatic  skill  in  its  proper  sense  as 
it  docs  upon  arms.  The  real  statesman  knows  when  and 
how  to  use  the  pen  as  well  as  the  sword.  Tho  constant 
proclamation  to  the  world  of  what  we  arc  fighting  for  can 
never  weaken  our  cause  with  those  who  arc  periling  their 
lives  in  that  cause,  especially  if  all  our  acts  toward  them 
and  all  others  show  that  our  professions  are  true  ;  nor  is 
there  tho  slightest  inconsistency,  in  my  opinion,  between 
I  ho  most  fixed  determination  on  our  part  to  end  the  war 
upon  no  terms  short  of  independence,  and,  at  the  same 
t.me,  entertaining,  hearing, and  accepting  offers  to  negotiate- 
upon  any  other  basis  whatever.  Tho  doors  to  treat,  to  i.e 
gotiatc,  to  confer,  to  reason,  should  alwa  s  be  kept  widely 
open.  Those  who  have  the  right  on  their  side  should  never 
shun  or  avoid  reason.  They  should  never  decline  an  en 
counter  on  that  arena. 

I  have  been  led  to  these  remarks  more  with  a  view  to 
soil-vindication  than  to  the  expression  or  utterance  of  any 

nrccognized  truths.          ******* 

On  UK:  question  of  reconstruction,  I  stan-l  now  just  where 
I  did  in  October,  18G1,  when  I  wrote  to  a  gentleman  iu 
f.npwer  to  a  letter  from  him, stating  that  I  was  charge  1  with 
suc<-  HL'iitimonts,  and  desiring  mo  to  give  a  pr.biic  denial  of 
't.  I  to'd  him,  in  reply,  that  I  looked  upon  such  "a  charge 
as  no  lo&s  mi  imputation  upon  my  intelligence  than  upon  my 
integrity .  The  issuo  of  this  war,  in  my  judgment,  was  sub 
jugation  or  independence.  I  so  understood  it  when  the 
State  of  Geovgia  seceded,  and  it  was  with  a  full  conscious 
ness  of  this  fact,  with  all  tfs  responsibiiiti  s,  sacrifices,  and 
perils,  that  I  pledged  myself,  then  and  there,  to  st-und  by 
her  and  her  fortunes,  whatever  they  mightbe,  in  the  course 
she  had  adopted."  "As  for  making  any  public  denial  of 
such  a  charge,  I  felt  ton  much  self-respect  to  do  it."  *  *  * 
Yours  truly, 

ALEXANDER  H.  STEPHENS. 

P.  S.  It  is  but  proper  that  I  should  add,  even  bv  post 
script,  to  this  letter,  long  as  it  is,  that  I  was  highly  pleased 
with  the  general  character  and  tone  of  your  speech  at.  Mo 
bile,  as  reported.  It  was  well  calculated  to  do  much  good, 
and  I  doubt  not  it  will.  A.  H.  S. 


Miscellaneous. 

THE  FREE    CONSTITUTION    OF  MARYLAND. 

The  Free  Constitution  of  Maryland,  contain 
ing  the  provision  for  emancipation  stated 
on  page  227,  was  adopted  at  an  election  h'ld 
on  Wednesday  and  Thursday,  October  9th  and 
10th,  18G4.  On  the  29th  of 'October,  Governor 
A.  W.  Bradford  issued  a  proclamation  announ 
cing  the  adoption  of  the  Constitu'ion,  and  th-it 
it  would  supersede  the  o.d  Constitution  on  the 
1st  of  November,  1864.  The  whole  vote,  as 
officially  declared  by  him,  was  : 

For  tho  Constitution 30,174 

Against  tho  Constitution ->9  7<)£ 

Blank  ballots '  Gl 

Ballots  reported  as  against  the  Constitution,  but  not 
counted  because  the  persons  offering  them  refused 
to  take  the  oath  required  by  said  Constitution 33 

Total  vote... 


60,067 

The  vote  of  the  soldiers,  counted  by  the  Gov 
ernor,  was :  , 

For  tho  Constitution 2,633 

Against  the  Constitution 263 

Four  returns  from  the  army  were  rejecteu  by 


460 


APPENDIX. 


the  Governor,  for  reasons  stated  by  him  in  his 
published  opinion,  which  gave  : 

For  the  Constitution 285 

Against  the  Constitution 

Application  was  made,  before  the  issue  ol 
the  Governor's  proclamation,  to  the  Court  of 
Appeals,  for  a  mandamus  to  prevent  its  issue  ; 
which  the  court  refused,  unanimously,  to  grant. 

In  addition  to  other  features,  the  new  Con 
stitution  of  Maryland  contains  this  article  : 

ARTICLE  5.— The  Constitution  of  the  United  States,  and 
the  laws  made  in  pursuance  thereof,  being  the  supreme 
law  of  the  land,  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  Government  of  the 
United  States,  and  is  not  bound  by  any  law  or  ordinance  of 
this  State  in  contravention  or  subversion  thereof. 

In  incorporating  into  her  fundamental  law 
this  declaration  of  the  duty  of  perpetual  fidel 
ity,  and  paramount  allegiance  to  the  United 
States,  Maryland  is  in  advance  of  all  other 
States. 

ADMISSION    OF    NEVADA. 

1864,  October  31 — President  LINCOLN  issued 
a  proclamation  declaring  that  the  people  of 
NEVADA  had  complied  with  the  act  of  Congress 
of  March  21,  1864,  to  enable  them  "to  form  a 
constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  oiMginal  States,"  and 
that  the  State  of  NEVADA  is  so  admitted. 

BRITISH    AID    TO    THE    REBELLION. 

Mr.  Adams  to  Mr.  fieiuard. 
No.  817.]  LEGATION  OF  THE  UNITED  STATES, 

LONDON,  Nov.  18, 1864. 

Sm:  I  have  received  from  Lord  Wharncliffe,  the  chair 
man  of  the  British  association  organized  to  give  aid  and 
comfort  to  the  rebel  cause,  a  note,  a  copy  of  which  is  trans 
mitted  herewith. 

I  append  a  copy  of  my  reply. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

CHARLES  FRANCIS  ADAMS. 
Hon.  \VM.  H.  SEWARD, 

Secretary  of  State,  Washington,  D.  C. 

Lord  Wharncliffe  to  Mr.  Adams. 

WORTLEY  HALL, 
SHEFFIELD,  November  12, 18G4. 

YOTJR  EXCELLENCY  :  A  bazaar  has  been  held  in  St.  George's 
Hall,  Liverpool,  to  provide  a  fund  for  the  relief  of  Southern 
prisoners  of  war.  It  has  produced  a  clear  sum  of  about 
£17.000  In  preference  to  any  attempt  to  reach  the  in 
tended  object  by  circuitous  means,  a  committee  of  English 
.gentlemen  has  been  formed  to  address  yon  on  the  subject. 

As  chairman  of  this  committee  I  venture  to  ask  your 
excellency  to  request  the  permission  of  your  government 
that  an  accredited  agent  may  be  sent  out  to  visit  the  mili 
tary  prisons  within  the  Northern  States,  and  minister  to 
the  comfort  of  those  for  whom  this  fund  is  intended,  under 
fcuch  supervision  as  your  government  may  direct. 

Permit  me  to  state  that  no  political  end  is  aimed  at  by 
*hi.s  movement.  It  has  received  support  from  many  who 
were  opposed  to  the  political  action  of  the  South.  Nor  is  it 
intended  to  impute  that  the  Confederate  prisoners  are  de- 
•Jiied  such  attentions  as  the  oidinary  rules  enjoin.  But 
these  rules  are  narrow  and  stern.  Winter  is  at  hand,  and 
the  clothing  which  may  satisfy  the  rules  of  war  will  not 
protect  the  natives  of  a  warm  climate  from  the  severe  cold 
of  the  North. 

Sir,  the  issue  of  this  great  contest  will  not  be  determined 
by  individual  suffering,  be  it  greater  or  less;  and  you,  whose 
family  name  is  interwoven  with  American  history,  cannot 
view  with  indifference  the  suffering  of  American  citizens, 
whatever  their  state  or  their  opinions. 

On  more  tlian  one  occasion  aid  has  been  proffered  by  the 
,people  of  one  country  to  special  classes,  under  great  afflic 
tion,  in  another.  May  it  not  be  permitted  to  us  to  follow 
these  examples,  especially  when  those  we  desire  to  solace 
are  beyond  the  reach  of  their  immediate  kinsmen?  I 
trust  these  precedents,  and  the  voice  of  humanity,  may 
jjlead  with  your  excellency,  and  induce  you  to  prefer  to  the 


Government  of  the  United  States  the  request  which  I  har« 
the  honor  to  submit. 

I  am,  sir,  your  obedient,  humble  servant, 

WHARNCLIFFE. 

His  Excellency  lion.  C.  F.  ADAMS. 


Mr,  Adams  to  Lord  Wharncliffe. 

LEGATION  OF  THE  UNITED  STATES, 
LONDON,  Nov.  18, 1864. 

MY  LORD:  I  have  the  honor  to  acknowledge  the  recep 
tion  of  your  letter  of  the  12th  instant,  asking  me  to  sub 
mit  to  the  consideration  of  my  government  a  request  of 
certain  English  gentlemen,  made  through  yonr  lordship,  to 
send  out  an  accredited  agent  to  visit  the  military  prisoners 
held  by  the  United  States,  and  afford  them  such  aid,  addi 
tional  to  that  extended  by  the  ordinary  rules  of  war,  as 
may  be  provided  by  the  fund  which  has  been  raised  here 
for  the  purpose. 

I  am  sure  that  it  has  never  been  the  desire  of  my  gov 
ernment  to  treat  with  unnecessary  or  vindictive  severity 
any  of  the  misguided  individuals,  parties  in  this  deplorable 
rebellion,  who  have  fallen  into  their  hands  in  the  regular 
course  of  war.  I  should  greatly  rejoice  were  the  effects  of 
your  sympathy  extended  to  the  ministering  to  the  mental 
ailment  not  less  than  the  bodily  sufferings  of  these  unfor 
tunate  persoijs,  thus  contributing  to  put  an  end  to  a  struggle 
which  otherwise  is  too  likely  to  be  only  procrastinated  by 
your  labors. 

Be  that  as  it  may,  I  shall  be  happy  to  promote  any  hu 
mane  endeavor  to  alleviate  the  horrors  of  this  strife,  and 
in  that  sense  shall  very  cheerfully  comply  with  your 
lordship's  desire  so  far  as  to  transmit,  by  the  earliest  oppor 
tunity,  to  my  government  a  copy  of  the  application  which 
has  been  addressed  to  me. 

I  beg  your  lordship  to  receive  the  assurance  of  my  dis 
tinguished  consideration. 

CHARLES  FRANCIS  ADAMS. 

LORD  WHARNCLIFFE,  &c. 


Mr.  Seward  to  Mr.  Adams. 


No.  173.] 


DEPARTMENT  OF  STATE, 
WASHINGTON,  December  5, 1864. 

SIR  :  I  have  received  your  dispatch  of  the  18th  of  Novem 
ber,  No.  807,  together  with  the  papers  therein  mentioned, 
namely,  a  copy  of  a  letter  which  was  addressed  to  you  on 
the  12th  of  November  last  by  Lord  Wharncliffe,  and  acopy 
of  your  answer  to  that  letter. 

Your  proceeding  in  the  matter  is  approved.  You  will 
low  inform  Lord  Wharncliffe  that  permission  for  an  agent 
of  the  committee  described  by  him  to  visit  the  insurgents 
detained  in  military  prisons  of  the  United  States,  and  to 
distribute  among  them  seventeen  thousand  pounds  of 
British  gold,  is  disallowed.  Here  it  is  expected  that  your 
correspondence  with  Lord  Wharncliffe  will  end. 

That  correspondence  will  necessarily  become  public.  On 
reading  it,  the  American  people  will  be  well  aware  that, 
while  the  United  States  have  ample  means  for  the  support 
of  prisoners,  as  well  as  for  every  other  exigency  of  the  war 
in  which  they  are  engaged,  the  insurgents,  who  have  blindly 
rushed  into  that  condition,  are  suffering  no  privations  that 
appeal  for  relief  to  charity  either  at  home  or  abroad. 

The  American  people  will  bo  likely  also  to  reflect  that 
the  sum  thus  insidiously  tendered  in  the  name  of  humanity 
constitutes  no  largo  portion  of  the  proiits  which  its  con 
tributors  may  bo  justly  supposed  to  have  derived  from  the 
insurgents  by  exchanging  with  them  arms  and  munitions 
of  war  for  the  coveted  productions  of  immoral  and  ener 
vating  slave  labor.  Nor  will  any  portion  of  the  American 
people  be  disposed  to  regard  the  sum  thus  ostentatiously 
offered  ibr  the  relief  of  captured  insurgents  as  a  too  gener 
ous  equivalent  for  the  devastation  and  desolation  which  a 
civil  war,  promoted  and  protracted  by  British  subjects,  has 
spread  throughout  States  which  before  were  eminent  1; 
prosperous  and  happy. 

Finally,  in  view  of  this  last  officious  intervention  in  our 
limnetic  affairs,  the  American  people  can  hardly  fail  to  re 
call  the  warning  of  the  father  of  our  country,  directed 
gainst  two  great  and  intimately  connected  public  dan 
gers,  namely,  sectional  faction  and  foreign  intrigue  I  do 
lot  think  that  the  insurgents  have  become  debased,  al- 
•hough  they  have  sadly  wandered  from  the  ways  of  loyalty 
ind  patriotism.  I  think  that,  in  common  with  all  our 
•ountrymen,  they  will  rejoice  in  being  saved  by  their  con- 
idi'i-ato  and  loyal  government  from  the  grave  insult  which 
jord  Wharncliffe,  and  his  associates  in  their  zeal  for  the 
iverthrow  of  the  United  States,  have  prepared  for  the  vic- 
imsof  this  unnecessary,  unnatural,  and  hopeless  rebellion. 

I  am,  sir,  vour  obedient  servant, 

WILLIAM  II.  SEWARD. 

CHARLES  FRANCIS  ADAMS,  Esq.,  &c.,  &c.,  &c. 


THE  CHURCH  AND  THE  REBELLION. 


Testimony  of  the  Churches. 

PRESBYTERIAN. 

GENERAL    ASSEMBLY  OF    1861,    (OLD    SCHOOL.) 

May  1G — The  body  met  in  Philadelphia. 

May  18 — Dr.  Spring  offered  a  resolution,  that 
a  Special  Committee  be  appointed  to  inquire 
into  the  expediency  of  this  Assembly  making 
some  expression  of  their  devotion  to  the  Union 
of  these  State',  and  their  loyalty  to  the  Gov 
ernment  ;  and  if  in  their  judgment  it  is  expe 
dient  so  to  do,  they  report  what  that  expression 
shall  be. 

On  motion  of  Mr.  Hoyte,  this  resolution  was 
laid  on  the  table  by  a  vote  of  123  to  102. 

A  call  for  the  yeas  and  nays,  to  be  recorded, 
was  made  by  Mr.  Robertson,  after  the  members 
had  begun  to  vote  by  rising,  which  the  Modera 
tor  declared  to  be  out  of  order. 

After  the  result  of  the  vote  had  been  an 
nounced,  Mr.  H.  K.  Clarke  moved  to  take  this 
resolution  up  from  the  table,  and  on  this  mo 
tion  called  for  the  yeas  and  nays.  Points  of 
order  were  discussed  on  this  mot-ion,  until  the 
Moderator  called  for  the  order  of  the  day,  to 
hear  delegates  from  corresponding  bodies. 

May  22 — Dr.  Spring  offered  a  paper  with  res 
olutions  respecting  the  appointment  of  religious 
solemnities  for  the  4th  of  July  next,  and  the 
duty  of  ministers  and  churches  in  relation  to 
the  present  condition  of  our  country. 

May  24 — Dr.  Hodge  proposed  a  substitute. 

May  27 — Dr.  Hodge  withdrew  his  substitute, 
and  Dr.  Wines  moved  one.  A  motion  to  table 
the  whole  subject  was  lost — yeas  87,  (63  min 
isters,  24  elders,)  nays  153,  (76  ministers,  67 
elders. 

May  28 — Drs.  Musgrave,  Hodge,  Yeomans, 
Anderson,  and  Wines,  ministers,  and  Messrs. 
Ryerson,  Giles,  White  and  H.  K.  Clarke,  ruling 
elders,  were  appointed  a  Special  Committee  on 
the  subject.  Same  day,  the  Committee  re 
ported — Dr.  Musgrave  presenting  the  report  of 
the  majority  (8  of  the  9,)  and  Dr.  Anderson 
the  minority,  being  Di.  Spring's  resolution, 
with  a  slight  alteration. 

THE    MAJORITY    REPORT. 

Gratefully  acknowledging  the  distinguished  bounty  and 
care  of  Almighty  God  towards  this  favored  land,  and  also 
recognising  our  obligation  to  submit  to  every  ordinance  of 


man  for  the  Lord's  sake,  this  General  Assembly  adopts  the 
following  resolutions : 

Resolved,  1.  That  in  view  of  the  present  agitated  and  un 
happy  condition  of  this  country,  Monday,  the  first  day  of 
July  next,  be  hereby  set  apart  as  a  day  of  prayer  through 
out  our  bounds,  and  that  on  that  day  ministers  and  people 
are  called  upon  humbly  to  confess  and  bewail  our  national 
sins,  to  offer  our  thanks  to  the  Father  of  lights  for  his  abun 
dant  and  undeserved  goodness  to  us  as  a  nation,  to  seek 
His  guidance  and  blessing  upon  our  rulers  and  their  coun 
sels,  as  well  as  upon  the  Congress  then  a^out  to  assemble., 
and  to  implore  Him,  in  the  name  of  Jesus  Christ,  the  Great 
High  Priest  of  the  Christian  profession,  to  turn  away  His 

I  anger  from  us.  and  speedily  restore  to  us  the  blessings  of  a 
safe  and  honorable  peace. 

Resolved,  2.  That  the  members  of  this  General  Assembly, 
in  the  spirit  of  that  Christian  patriotism  which  tlio  Scrip 
tures  enjoin,  and  which  has  always  characterized  this 
Church,  do  hereby  acknowledge  and  declare  their  obligation, 
so  far  as  in  them  lies,  to  maintain  the  Constitution  of  these 
United  States  in  the  full  exercise  of  all  its  legitimate  pow 
ers,  to  preserve  our  beloved  Union  unimpaired,  and  to  re 
store  its  inestimable  blessings  to  every  portion  of  the 

|  land. 

Resolved,  3.  That  in  the  present  distracted  state  of  the 

j  country,  this  Assembly,  representing  the  whole  Church, 

I  feel  bound  to  abstain  from  any  turther  declaration,  in 
which  all  our  ministers  and  members  faithful  to  the  Con 
stitution  and  Standards  of  the  Church  might  not  be  able 
conscientiously  and  safely  to  join,  and  therefore,  out  of  re 
gard  as  well  to  the  interests  of  our  beloved  country,  as  to 
those  of  the  Church,  the  Assembly  adopts  this  Minute  as 
its  deliverance  upon  this  subject. 

Dr.  Musgrave  moved  to  amend  by  modifying 
the  second  resolution,  after  '•  the  United  States," 
so  as  to  read:  "and  cur  constitutional  rulers, 
in  the  full  exercise  of  their  legitimate  pow 
ers  ;"  which  was  lost. 

The  report  was  then  rejected — yeas  84,  nays 
128,  as  follows  : 

YEAS— Messrs.  Kennedy,  J.  T.  Backus,  L.  Merrill  Miller, 
Aitken,  Lane,  Hall,  Westcott,  Lindsley,  Imbrie,  Martin, 
llornblowcr,  Hodge,  Hamill.  Studdiford,  Adams.  Snowden, 
Schenck,  Watt*,  Musgrave,  Happersutt,  McPhaii,  Latta, 
I  Gayley,  James  Williamson,  Lawrence,  Yeomans,  Dickson, 
Murray,  Jos.  Clark,  Motzer,  McMichael,  Stockton,  Alrich, 
Mahailey,  Lloyd,  Hum,  Layman,  Scott,  Goodman,  Bergen, 
Huckman,  Lyon,  Barnctt,  Taylor,  Hamilton,  llaines, 
Mutchmore,  Wines,  Mathes,  Slaglc,  Matthews,  Condit,  Haw 
thorne,  and  Ogden.  Ministers.  Messrs.  Church,  Newlancl, 
Guest,  Lockwood,  Ballantyue,  llankin,  Osuorne,,  Scudder, 
Robert  Barber  of  Burlington,  Morris  Patterson,  Henry 
McKeari,  Macalester,  Deal,  Henry,  Rea,  R.  Barber  of 
Northumberland,  Giles,  Linn.  Meredith,  Sheets,  William 
Semple,  II.  K.  Clarke,  Houston. Olercer,  Young,  Harbison, 
Warren,  Tuustall,  Hubbard,  and  White,  Ruling  Elders- 
Si. 

NAYS— Messrs.  William  Clark,  Kellogg,  Bullions,  Coch- 
ran,  Drake,  Baldwin,  Crane,  llubbard,  Reeves,  Barr.  Kehuu, 
Edwards,  Farquhar,  Waller,  Murphy,  McPherson,  Jacobus, 
Hastings,  Donaldson,  Coulter,  Critchlow,  S.  J.  M.  Eaton, 
Annan,  William  Eaton.  Maxwell,  J.  D.  Smith,  Kelly,  Sack- 
ett,  Semple,  Pratt,  Dubuar,  William  Campbell,  Badeau, 
Eastman,  Thomas,  Monfort,  Elliott,  Long,  Lee,  T.  M.  Hop 
kins,  Pelan,  Irvin,  Forbes,  Fisk,  John.  A.  Campbell,  Laird, 

461 


462 


APPENDIX. 


Newell,  Stone,  Price,  Crozier,  Vaill,  Hanson,  Coon,  Lord, 
Swan.  Mathers,  Robertson,  Thayer,  Jones,  Dodd,  Conkey, 
McGnigisn,  Stryker,  Reaser,  Symington,  Leighton,  Ruther 
ford,  Wclnnt*,*  II.  M.  Smith,  Gillespie,  McNair,  and  Ander 
son,  Minitturs.  Messrs.  E.  B.  Miller,  Wilkin,  Lowrie,  Beard, 
Hutchiuson,  Fithian,  Gulick,  William  Wilson,  Humphrey, 
Cunningham,  Litlc,  Dungan,  Martin,  Kinkaid,  Lawson, 
Ewiug,  John  Johnston,  Bailey.  McDonnell,  R-udgers,  Ham 
ilton,  Banks,  Moore,  Alexander,  Lewis,  Davy,  Thomas 
Ji.hnston,  Samuel  Price,  Graham,  L.  II.  Stewart*  Hazeltine, 
Conn,  Thomas,  Frost,  Neal.  McChord.  Kinnear,  Fisher,  J.L. 
Mfi-c-ditli,  J.  L.  Williams,  Seller,  Neely,  Waddel,  Reynolds, 
Gregg,  Rowland,  Spring,  Scates,  Stirrat,  Baldwin,  Mason, 
Kussoll,  WiuUsoiV  Way  land,  Claypool,  andCaldwell,  linti)t<t 
£/</«/•*— 128, 

Messrs.  Peden,  Balch,  and  T.  C.  Stuart,  nonliquet. 

Mr.  Hoy  to  was  excused  from  voting. 

THE    MINORITY    BEPORT. 

Gratefully  acknowledging  the  distinguished  bounty  and 
«areof  Almighty  God  towards  this  favored  land,  and  also 
recognising  our  obligations  to  submit  to  every  ordinance 
of  man  for  the  Lord's  sake,  this  General  Assembly  adopt 
the  following  resolutions: 

AVxr, /,<;</,  1.  That  in  view  of  the  present  agitated  and  un 
happy  condition  of  this  country,  the  first  day  of  July  next 
l>e  hereby  set  apart  as  a  day  of  prayer  throughout  our 
bounds;  and  that  on  this  day  ministers  and  people  are 
•called  on  humbly  to  confess  and  bewail  our  national  sins; 
to  offer  our  thanks  to  the  Father  of  light  for  his  abundant 
and  underserved  goodness  towards  us  as  a  nation;  to  seek 
bis  guidance  and  blessing  upon  our  rulers  and  their  coun 
sels,  as  well  as  on  the  Congress  of  the  United  States  about 
to  assemble ;  and  to  implore  Him,  in  the  name  of  Jesus 
Chriot,  the  great  High  Priest  of  the  Christian  profession,  to 
turn  away  ills  anger  from  tis,  and  speedily  restore  to  us  the 
blessings  of  an  honorable  peace. 

Ifesolvzd,  2.  That  this  General  Assembly,  in  the  spirit  of 
that  Christian  patriotism  which  the  Scriptures  enjoin,  and 
which  has  always  characterized  this  Church,  do  hereby  ac 
knowledge  and  declare  our  obligations  to  promote  and 
perpetuate,  so  far  as  in  us  lies,  the  integrity  of  these  United 
States,  and  to  strengthen,  uphold,  and  encourage  the  Fed 
eral  Government  in  the  exercise  of  all  its  functions  under 
our  noble  Constitution;  and  to  this  Constitution,  in  all  its 
provisions,  requirements,  and  principles,  we  profess  our 
unabated  loyalty. 

And,  to  avoid  all  misconception,  the  Assembly  declare 
that  by  the  term  " Federal  Government,"  as  here  used,  is 
not  meant  any  particular  administration,  or  the  peculiar 
opinions  of  any  particular  part}',  but  that  central  adminis 
tration  which,  being  at  any  time  appointed  and  inaugurated 
according  to  the  forms  prescribed  in  the  Constitution  of  the 
United  States,  is  the  visible  representative  of  our  national 
existence. 

Which  was  adopted — yeas  156,  nays  66,  as 
follows  : 

YEAS — Messrs.  Wm.  Clark,  Kellogg,  Bullions,  Cochran, 
L.  M.  Miller,  Westcott,  Drake,  Martin,  Baldwin,  Crane, 
Hubbard,  Reeves,  Studdiford,  Barr,  Snowden,  Kehoo, 
Mat-key,'  Schenck,  Musgrave,  Edwards,  Latta,  Farquhar, 
Jas.  Williamson,  Lawrence,  Waller,  Murray,  Joseph  Clark, 
McPherson,  Jacobus,  Hastings,  Donaldson,  Coulter,  Critch- 
low,  S.  J.  M.  Eaton,  Annan,  Wm.  Eaton,  Maxwell,  J.  D. 
Smith,  Kelly,  Sackett,  Semple,  Pratt,  Dubuar,  Wm.  Camp 
bell,  Badeau,  Eastman,  Thomas,  Monfort,  Elliott,  Long, 
Lee,  T.  M.  Hopkins,  Pelan,  Irwin,  Goodman,  Forbes,  Fisk, 
John  A.  Campbell,  Laird,  Newell,  Bergen,  Stone,  Price, 
Cro/ier,  Vaill,  Hanson,  Coon,  Lord,  Swan,  Mathers,  llick- 
man,  Robertson,  Thayer,  Lyon,  Barnett,  Jones,  Dodd,  Con- 
key,  aieGuigan,  Taylor,  Stryker,  Hamilton.  Ilaines,  Reaser, 
Wines,  Slagle,  and  Anderson,  Ministers.  Messrs.  Newland 
Guest,  Miller,  Wilkin,  Lowrie,  Rankin,  Beard,  Osborne, 
Litle.  Hutchinson,  Fithian,  Ryerson,  Gulick,  Humphrey*, 
Cunningham,  Barber  of  Burlington,  Patterson,  Dunimn 
Macalester,  Henry,  Martin,  Kinkaid,  Rea,  Barber  of  Nor 
thumberland,  Lawson,  Linn,  Ewinu',  John  JoiiiiMin.  Bailey 
McConnell,  Rodgors,  Hamilton,  Banks.  Moon-,  Alexander, 
Lewis.  Davy,  Thomas  Johnston,  Price,  Sheets,  Graham 
Stewart,  II.  K.  Clarke,  Ha/t  Itine,  Conn,  Thomas,  Frost, 
Neal.  McClioril,  Kinnear.  Fisher.  Houston,  .1.  L.  Meredith 
J.  L.  Wil.liams,  Seller,  Neely,  Waddel.  Reynolds,  Gregg, 
Rowlwid,  Spring,  Scales,  Stirrat,  Baldwin.  Mason,  Russell, 
Young,  Wimlsor,  anil  C.ddwdl,  Ruling  Elder*— 156. 

X  us— Messrs.  Keitmdy,  J.  T.  Backus,  Aitken.  Lane, 
Hall.  Lin.lsley,  Imbrie,  Childs.  Wells.  Hornblower,  Ilod-e, 
Iliiinill.  Watts.  Happersett,  McPhaii,  Gayley,  Ycomans 
Di.-kson,  Murphy,  .Mut/cr,  Me  Michael,  Stockton,  Alrich, 
Mahaffey.  Lloyd.  Hunt,  Layman,  Scott,  Mntchmore,  Lci-h- 
tun,  Malhes,  II.  II.  Hopkins,  Matthews,  Fra/cr,  Cheek,  Con- 
<lit,  Hawthorne,  Brown,  Harrison,  Ogdcu,  Petlen,  Balch, 


Rutherford,  Mclnnis.*  H  M.  Smith,  Gillespie,  Stuart,  Mc 
Nair,  and  Baker,  Ministers.  Mef-srs.  Church,  Luck  wood, 
Ballantyne,  Wilson,  Barber  of  Burlington,  McKean,  Deal, 
Giles,  Geo.  Meredith,  Wm.  Semple,  Mercer,  Waylaml,  liar- 
bison,  Warren,  Tunstall,  Hubbard,  Claypool,  and  White, 
jKidinff  £/ders— 66. 

Sundry  protests  were  made. 

GENERAL    ASSEMBLY    OF    1862,    (OLD    SCHOOL.) 

May  15 — The  body  met  in  Columbus,  Ohio. 

May  19 — Dr.  R.  J.  Breckinridge  having  pre 
viously  submitted  a  paper  on  the  state  of  the 
country,  it,  after  being  slightly  amended  on  his 
own  motion,  was  adopted,  as  follows  : 

The  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  now  in  session  at  Columbus,  in 
the  State  of  Ohio : 

Considering  the  unhappy  condition  of  the  country  in  the 
midst  of  a  bloody  civil  war,  and  of  the  Church  agitated 
everywhere,  divided  in  sentiment  in  many  places,  and  openly 
assailed  by  schism  in  a  large  section  of  it;  considering, 
also,  the  duty  which  this  chief  tribunal,  met  in  the  name  and 
by  the  authority  of  the  glorified  Saviour  of  sinners,  who  is 
also  the  Sovereign  Ruler  of  all  things,  owes  to  Him,  our 
Head  and  Lord,  and  to  His  flock  committed  to  our  charge, 
and  to  the  people  whom  we  are  commissioned  to  evangelize, 
and  to  the  civil  authorities  who  exist  by  His  appointment; 
do  hereby,  in  this  deliverance,  give  utterance  to  our  solemn 
convictions  and  our  deliberate  judgment,  touching  the  mat 
ters  herein  set  forth,  that  they  may  serve  for  the  guidance 
of  all  over  whom  the  Lord  Christ  has  given  us  any  office  of 
instruction,  or  any  power  of  government. 

I.  Peace  is  amongst  the  very  highest  temporal  blessings 
of  the  Church,  as  well  as  of  all  mankind;  and  public  order 
is  one  of  the  first  necessities  of  the  spiritual  as  well  as  the 
civil  commonwealth.    Peace  has  been  wickedly  superseded 
by  war,  in  its  worst  form,  throughout  the  whole  land:  and 
public  order  has   been  wickedly  superseded  by  rebellion, 
annrchy,  and  violence,  in  the  whole  Southern  portion  of  the 
Union.     All  this  has  been  brought  to  pass  in  a  disloyal  and 
traitorous  attempt  to  overthrow  the  National  Government 
by  military  force,  and  to  divide  the  nation,  contrary  to  the 
wishes  of  the  immense,  majority  of  the  people  of  the  na 
tion,  and  without  satisfactory  evidence  that  the  majority  of 
the  people  in  whom  the  local  sovereignty  resided,  even  in 
the  States  which  revolted,  ever  authorized  any  such  pro 
ceeding,  or  ever  approved  the  fraud  and  violence  by  which 
this  horrible  treason  has  achieved  whatever  success  it  has 
had.    This  whole  treason,  rebellion,  anarchy,  fraud,  and 
violence,  is  utterly  contrary  to  the  dictates  of  natural  reli 
gion  and  morality,  and  is  plainly  condemned  by  the  revealed 
will  of  God.    It  is  the  clear  and  solemn  duty  of  the  Na 
tional  Government  to  preserve,  at  whatever  cost,  the  ua- 
tional  Union  and  Constitution,  to  maintain  the  laws  in  their 
supremacy,  to  crush  force  by  force,  and  to  restore  the  reign 
of  public  order  and  peace  to  the  entire  nation,  by  whatever 
lawful  means  that  are  necessary  thereunto.     And  it  is  the 
bounden  duty  of  the  people  who  compose  this  great  nation, 
each  one  in  his  several  place  and  degree,  to  uphold  the  Fed 
eral  Government,  and  every  State  Government,  and  all  per 
sons  in  authority,  whether  civil  or  military,  in  all  their 
lawful  and  proper  acts,  unto  the  end  herein  before  set  forth. 

II.  The  Church  of  Christ  has  no  authority  from  him  to 
make  rebellion,  or  to  counsel  treason,  or  to  favor  anarchy 
in  any  case  whatever.    On  the  contrary,  every  follower  of 
Christ  has  the  personal  liberty  bestowed  on  him  by  Christ, 
to  submit,  for  the  sake  of  Christ,  according  to  his  own  con 
scientious  sense  of  duty,  to  whatever  government,  however 
bad,  under  which  his  lot  may  be  cast.    Hut  while  patient 
suffering  for  Christ's  sake  can  mvcr  be  sinful,  treason,  re 
bellion,  and  anarchy  may  be  sinful — most  generally,  per 
haps,  are  sinful ;  and,  probably,  are  always  and  necessarily 
sinful,  in  all  tree  countries,  where  the  power  to  change  the 
government  by  voting,  in  the  place  of  force,  which  existsas 
a  common  right,  is  constitutionally  secured  to  t ho  people,  who 
arc  sovereign.     If,  in  any  case,  treason,  rebellion,  and  an 
archy  can  possibly  be  sinful,  they  are  so  in  the  case  now 
desolating  large  portions  of  this  nation,  and  laying  waste 
great  numbers  of  Christian  congregations,  and  fatally  ob 
structing  every  good  word  and  work  in  those  regions.    To 


*Then  editor  oflhe  New  Orleans  Trm  Wiliiess.  which  con 
tained,  April  -J7,  ISC.l,  this  paragraph,  quoted  in  Rev.  Dr. 
Staiilon's  Church  and  R-beDion  : 

•'  Maryland  is  kindling  with  Southern  fire,  while  Balti 
more  has  flood  at  the  font  of  Implinmal  blnod,  in  sol'inn 
wn'.iwitt.  for  the  Confederate  Stales;  and  Providence  ordered 
that  this  thrilling  deed,  ///».->•  snHiiif/ ordinance,  should  bcon 
tin-  aimivrixirv  of  the  battle  o'f  Lexington,  Mass..  the 
memorable  I'.'tl,  .,|'  April.  Thus  the  same  day  beheld  Hi- 
lirst  blood  of  '70  and  of  '61 — fortunate  omen  of  the  result." 


APPEXDIX. 


463 


the  Christian  people  scattered  throughout  those  unfortunate 

regions,  and  who  have  been  left  of  God  to  have  nuy  hand  in 
hrinxing  on  these  terrible  calamities,  we  earnestly  address 
words  of  exhortation  mid  rebuke,  as  unto  brethren  who 
have  sinned  exceedingly,  and  whom  God  calls  to  repent 
ance  by  fearful  judgments.  To  those  in  like  circumstances 
wh.i  are  not  chargeable  with  the  sins  which  have  brought 
such  calamities  upon  the  land,  but  who  have  chosen,  in  the 
exercise  of  their  Christian  liberty,  to  stand  in  tin  ir  lot  and 
suffer,  we  address  words  of  affectionate  sympathy,  praying 
God  to  bring  them  off  conquerors.  To  those  in  I iko circum 
stances,  who  have  taken  their  lives  in  their  hands,  and 
risked  all  for  their  country  and  for  conscience'  sake,  we  say, 
we  love  such  with  all  our  heart,  and  bless  God  such  wit 
nesses  were  found  in  tho  time  of  thick  darkness.  We  fear, 
and  we  record  it  with  great  grief,  that  the  Church  of  God, 
tin:l  the  Christian  people,  to  a  great  extent. and  throughout 
all  the  revolted  States,  have  done  many  things  that  ought 
not  to  have  been  done,  and  have  left  undone  much  that 
ought  to  have  been  done,  in  this  time  of  trial,  rebuke,  and 
blasphemy;  but  concerning  the  wide  schism  which  is 
leported  to  have  occurred  in  many  Southern  Synods,  this 
Assembly  will  take  no  action  at  this  time.  It  declares, 
however,  its  fixed  purpose,  under  all  possible  circumstances, 
to  labor  tor  the  extension  and  the  permanent  maintenance 
of  the  Church  under  its  care,  in  every  part  of  the  United 
States.  Schism,  so  far  as  it  may  exist,  we  hope  to  see 
healed.  If  that  cannot  be,  H  will  lie  disregarded. 

III.  We  record  our  gratitude  to  God  for  the  prevailing 
unity  of  sentiment  and  general  internal  peace,  which  have 
characterized  the  Church  in  the  States  that  have  not 
revolted,  embracing  a  great  majority  of  the  ministers,  con 
gregations,  and  people  under  our  care  It  may  still  be 
calk-d.  with  emphasis,  a  loyal,  orthodox,  and  pious  Church; 
and  all  its  acts  and  works  indicate  its  right  to  a  title,  so 
noble.  Let  it  strive  for  divine  grace  to  maintain  that  good 
report.  In  some  respects,  the  interests  of  the  Church  of 
(lo. 1  are  very  different  from  those  of  nil  civil  institutions. 
Whatever  may  befall  this,  or  any  other  nation,  the  Church 
of  Christ  must  abide  on  earth,  triumphant  even  over  the 
gates  of  hell.  It  is,  therefore,  of  supreme  importance  that 
the  Church  should  guard  itself  from  internal  alienations  and 
divisions,  founded  upon  questions  and  interests  that  are 
external  as  to  her,  and  which  ought  not  by  their  necessary 
workings  to  cause  her  fate  to  depend  on  the  late  oi'  things 
less  important  nnd  less  enduring  than  herself.  Disturbers 
of  the  Church  ought  n  »t  to  be  allowed :  especially  dis 
turbers  of  the  Church  in  States  that  never  revolted,  or  that 
have  been  cleared  of  armed  rebels :  disturbers  who,  under 
many  false  pretexts,  may  promote  discontent,  disloyalty, 
and  general  alienation,  tending  to  the  unsettling  of  min 
isters,  to  local  schisms,  and  tV.  manifold  trouble.  Let  a 
±rit  of  quietness,  of  mutual  forbearance,  and  of  ready 
pdience  to  authority,  both  civil  and  ecclesiastical,  illustrate 
the  loyalty,  the  orthodoxy,  and  the  piety  of  the  Church. 
It  is  more  especially  to  ministers  of  the  gospel,  and  amongst 
them,  particularly  to  any  whoso  first  impressions  had  been, 
on  any  account,  favorable  to  the  terrible  military  revolu 
tion  which  has  been  attempted,  and  which  God'H  providence 
has  hitherto  so  singularly  rebuked,  that  these  decisive 
considerations  ought  to  be  addressed.  And  in  the  name  and 
by  the  authority  of  the  Lord  Jesus  we  earnestly  exhort  all 
who  love  God,  or  fear  his  wrath,  to  turn  a  deaf  ear  to  all 
•counsels  and  suggestions  that  tend  towards  a  reaction 
favorable  to  disloyalty, schism, or  disturbance  either  in  the 
Church  or  in  the  country.  There  is  hardly  anything  more 
Inexcusable  connected  with  the  frightful  conspiracy  against 
which  we  testify  than  the  conduct  of  those  office-bearers 
ana  members  of  the  Church  who,  although  citizens  of  loyal 
States,  and  subject  to  the  control  of  loyal  Presbyteries  and 
Synods,  have  been  faithless  to  all  authority,  human  and 
divine,  to  which  they  owed  subjection.  Norshould  any  to 
whom  this  deliverance  may  come  fail  to  bear  in  mind  that 
it  is  not  only  their  outward  conduct  concerning  which  they 
•  night  to  take  heed;  hut  it  is  also,  and  especially  their 
heart,  their  temper,  and  their  motives,  in  the  sight  of  God, 
and  towards  the  free  and  beneficent  civil  government  which 
be  has  blessed  us  withal,  and  toward  the  spiritual  common 
wealth  to  which  they  are  subject  in  the  Lord.  In  all  these 
respects,  we  must  all  give  account  to  God  in  the  great  day. 
An  1  it  is  in  view  of  our  own  dread  responsibility  to  the 
Judge  of  quick  and  dead  that  we  now  make  this  deliverance. 

The  vote  was — yeas  200,  nays  20,  as  follows  : 
Y  CAS,— Messrs.  Robertson,  Crocker,  Lane,  S.  M.  Campbell, 
G:mliii'-r.  Jones,  Remington,  I'atton,  Maclisp,  Lowrey,  Ile- 
|..y.  MrCanlcy,  Davidson,  Stevenson,  Lowrie,  Stoddard, 
Sl.-jui.  M.  Don-all,  Slieddan,  Lockwood,  Irvinir,  Macdoinrfd, 
ll:i!--.  Williamson,  J.  Y.  Mitchell,  Knightnn,  Van  Wyck, 
Dcning.  II.  II.  Welles,  Chester,  W.  M.  Wells,  Juiikin, 
Ki  ..I.  .Mn-urave,  ChrNtiaii,  llalsey.  Belville,  J.  G.  Kalston, 
•l»  Us  Smith,  /.alnii/vr,  Sliailler,  Do«,|jtile.  Grier,  Brown 
Nif.lK  TiMiii.  Rosboroii-h,  I'axton,  Marshall.  Kd-ar, 
Cummins,  Morgan,  Coulter.  II.  Dkkson,  Dickey,  McAboy, 


J.  W.  Scott,  Sloan,  Moffar,  Dal/ell,  Ilo-e,  Wolcott,  M.  R. 
Miller,  W.  M.  Robinson,  James  Anderson.  Beer.  Kay.  .John 
McLean.  A  key,  Kost,  Williams,  Xemper,  Reynolds.' Cortel- 
you,  McMillen,  Tel  ford,  Matthews,  Morton,  Symmes.  A.  0. 
Allen,  Abbott,  Koutz,  Killen,  Donaldson,  Palmer,  Holliday, 
Wallace,  McFarland,  Dale,  Marquis,  Denny,  It.  Conover, 
Swan,  Chase.  Barr,  Osmond,  Thompson,  Staples,  S'.niley, 
Monteith,  S.  Mitchell,  J.  A.  McKee,  Froth  in. -ham,  Bo:tgs, 
C.  P.  Taylor,  Hughes,  Caldwcll,  Bishop,  Woodward,  Cue, 
Mathes,  James  Cameron,  R.  A.  Johnson,  llogue,  Brcckin- 
ridge,  A.  Scott,  Boardman,  Minitters.  Messrs.  Kinnicut, 
Pierce,  Kelso,  Cook,  Curtis,  McNair,  Estabrook,  Van  Kr-u- 
ren,  Joseph  Banks,  Iluntting,  Lord,  Belknap,  Belcher,  Mo- 
Farlane,  Pierson,  Woodruff,  Demarest.  Pruden,  Ilinchman, 
Easton,  HuMiizer,  Young,  Van  Gekler,  Collier,  Sargent, 
Combs,  Piper,  Weir,  J.  B.  Mitchell,  Ramsay,  tf.  J.  Dickoy, 
Gwin,  31.  C.  Gricr,  Linn,  Gallaher,  Blair,  Reed.  Allen. 
Burchfiold,  Hosack,  Guthrie,  S.  G.  Miller,  Wilson,  T.  II. 
Wells,  Culbertson,  A.  Cameron,  Craig,  Duncan,  L.  W.  lliil- 
ston,  S.  Miller,  I).  Taylor,  True,  Burlingame,  Shi-.w,  tvnowl- 
ton,  Hays,  Clark,  Chapin,  James  Miller,  J.  Robinson,  Lea- 
vitt,  Joseph  Anderson,  Wade,  Janvier.  Karr.  Jjislceep.  Pngh, 
Rainey,  M.  Wilson,  Hills,  Brooks.  Patterson,  Domioll,  Ray- 
burn,  Hell,  Wycoff,  Crosby,  Breeze.  Cand.x-,  Chute.  Waters, 
Irwin.  Rodgers,  Elliott,  E.  McLean,  Garth,  Welch,  Waring, 
Ruling  Elders— 206. 

NAYS— B.  R.  Allen,  Dumont.  Backus,  C.  Dick«on.  Mc- 
Pheelers,  Forman,  S.  Robinson,  J.  L.  McKee,  C'aldwell, 
Tuck,  Ministers.  Messrs.  Comfort,  Canfield,  Khkpatrick.Po- 
land.C.D.Campbell,Watt,Vre(!enburg,Gamble,  Jacob  John 
ston.  Tunstall,  .Haling  Elders— -20. 

Several  protests  we.e  made. 

GENERAL     ASSEMBLY    OF    1863,    (OLD    SCHOOL.) 

May  21 — The  body  met  at  Peoria,  Illinois. 
June  1  —Dr.  Beatty.  from  the  Committee  on 
Bills  and  Overtures,  reported  : 

Overture  No.  1G,  being  a  request  from  the  Presbytery  of 
Saline  that  the  General  Assembly  solemnly  re-afitrm  the 
testimony  of  1818,  in  regard  to  slavery  ;  the  committee 
report : 

The  Assembly  has,  from  the  first,  uttered  its  sentiments 
on  the  subject  of  slavery  in  substantially  tho  same  lan 
guage.  The  action  of  1S18  was  taken  with  morn  care, 
nade  mon-  clear,  full,  and  explict,  and  was  adopted  unani- 
nously.  It  has  since  remained  that  true  and  scriptural 
leliveranco  on  this  important  subject  by  which  our  church 
s  determined  to  abide.  It  has  never  been  repealed,  amend 
ed,  or  modified,  but  has  frequently  been  referred  to,  and 
reiterated  in  subsequent  Assemblies.  And  when  some 
persons  fancied  that  the  action  of  1845  in  some  wav  inter 
fered  with  it,  the  Assembly  of  1846  declared  with  much 
unanimity,  that  the  action  of  1845  was  not  intended  to 
deny  or  rescind  the  testimony  on  the  subject,  previously 
uttered  by  General  Asssetnblies :  and  by  these  deliverances 
we  still  abide. 

Dr.  Humphrey  moved  to  insert  the  word  "  all " 
before  the  words,  "these  deliverances  we  still 
abide.''  Lost.  His  motion  to  table  the  report 
was  lost;  and  it  was  then  adopted  without 
amendment. 

May  27 — Mr.  T.  H.  Nevin  moved  for  a  com 
mittee  of  three  to  cause  the  national  flag  to  be 
raised  over  the  church  edifice  where  the  As 
sembly  is  met.  A  motion  to  table  this  was 
lost— yeas  93,  nays  130,  not  voting,  1.  Refer 
red  to  a  select  committee :  Drs.  J.  M.  Lowrie, 
E.  P.  Humphrey,  Loyal  Young,  and  J.  I, 
Brownson ;  and  Messrs.  H.  H.  Leavitt,  H.  K. 
Clarke,  and  R.  Carter. 

May  30 — The  committee  reported. 

June  1 — Dr.  Humphrey  offered  a  substitute, 
which  was  read. 

The  report  of  the  committee  was  adopted — 
yeas  180,  nays  19,  not  voting  1,  as  follows  : 

YEAS — Ministers— R.  A.  DeLancey,  II.  F.  Ilickok  J. 
Wood,  M.  S.  Goodall,  J.  Cleland,  W.  I).  Mt-Kinli-v,  A.  T. 
Rankin,  I.  Faries,  A.  R.  Hnciiiiltrcv.  J .  Lillic  T  M  Grav 
J.O.ry,  K.  E.  Rankin,  K.  C.  Wines,  W.  Phrane'r.  K.'  P.  |!,.',,1 
edict.  G.  F.  Goodhne,  J.  J.  A.  Morgan,  G.S.  Plumlev  S  S 
She.ldan,  A.D.  White,  R.  S.  Manning,  E.  P.  Shields,  G.  S. 

Mott,  W.  II.  Kirk,  W.  R.  Glen,  I).  Cook,  J.  O-i d.  M.  J. 

Ilickok.  A.  W.  SproiiM,  W.  Blaekwood.  A.  Xevin,  W.  II. 
Work,  J.  Beggs,  J.  U.  Life,  J.  Thomas,  R.  C.  Galbraith,  G. 


464 


APPEXDIX. 


P.  Hays,  W.  C.  Cattell.  R.  McCachren.  J.  T.  Brown.  R.  J 
Wilson,  W.  B.  Mcllvainc,  S.  McKarren.  J.  i*.  Elder,  G 
W.  Mechlin,  Loyal  Young.  J.  W.  Johnston,  W.  M 
Blackburn,  L.  L.  Conrad,  J.  I.  Brownson,  W.  B.  Keeling 
C.  C.  Bealty,  J.  S.  Marquis,  W.  R.  Vincent,  G.  Carpenter 
J.  13.  Blayno.v,  S.  \Vils--n,  J.  R.  Duncan,  J.  Rowland.  J.  E 
Ca>son,  A.  J.  McMillm,  J.  F.  Jcnnison,  V.  Noyes,  D.  S 
Anderson,  J.  A.  Mcekw,  J.  Wiseman.  E.  B.  Bower,  T.  E 
Hughes,  L.  D.  Potter,  A.  15.  GilliJand,  J.  M.  Cross,  J.  Craw 
lord,  E.S.  WHson,  D.  B.  Reed,  L.  G.  Hay,  J.  W  .McClusky 
J.  L.  Lower,  J.  M.  Lowrie,  T.  Whallon,  II.  N.  Corhett,  J 
Andrew.  J.  C.  Hanna.  J.  Mack,  G.  W.  Ash.  J.  Worrell.  R 
Frame,  'R  Beer,  .7.  Fleming,  II.  B.  Thayer.  J.  A.  Pratt 
G.  Ainslie,  W.  Spear,  A.  S.  Marshall,  J.  L.  Wilson.  W.  E 
Wostervelt,  J.  A.  Carothers,  II.  M  Giltner,  J.  M.  McElroy 
W.  Wilson.  J.  Leighton,  A.  Munson,  A.  Scott. 

Rul:iifi  Elders— X.  C.  House,  J.  M.  Lasher,  A.  W.  Page 
J.  II.  Millspaugh,  J.  S.  Purely,  W.  R.  Post,  J.  Stuart,  J.  Bar- 
rach,  R,  Carter,  W.  L.  Wood'  J.  Honeyman.  II.  Hedges.  W 
I).  Sinclair,  E.  B.  Fuller,  J.  Mat-key,  G.  Fuller,  G.  II.  Van 
Gelder,  M.  P.  Rue,  G.  Jimkiu,  Jr.,  S.  H.  Fulton,  R.  Graham 
S.  E.  Weir,  R.  N.  Brown,  J.  A.  Christie,  W.  C.  Lawson,  J. 
N.  Brown,  A.  Stirling,  Jr.,  George  Ilench.  R.  M.  Jones,  J, 
V.  Tustiu,  J.  Giffen,  J.  Culhertson,  J.  Barnett,  J.  Cochran. 
J.  McKco,  J.  Boyd,  C.  Byles,  T.  II.  Nevin,  J.  Vance,  T.  Me- 
Kennan,  T.  S.  Milligan,  G.  13.  Johnston,  S.  Sharp.  W.  Munro, 
J.  Strine,  A.  G.  Brown,  II.  K.  Clarke,  II.  B.  Mycr,  WT.  B. 
Franklin,  C.  A.  Phelps,  II.  II.  Loavitt,  C.  Wi'lliams,  W. 
Mixer,  W.  McCulloch,  J.  W.  Sprowle,  II.  T.  Roseman,  J.  C 
Burt,  S.  Vannuys,  E.  Wright,  J.  T.  Eccles,  W.  lledick,  W. 
Munro,  T.  Candor,  Charles  Crosby.  S.  Howe,  T.  Voorhees, 
R.  S.  Alexander,  J.  C.  Walker,  L.  lloadly,  B.  P.  Baldwin,  J. 
A.  McAfee,  A.  M.  McPherson,  G.  W.  Lewis— Ayes.  180. 

NOES— Ministers—  J.  P.  Knox,  L.  C.  Baker,  F.  Chandler, 
G.  8.  Inrrlis,  J.  A.  Quarles,  R.  Valentine,  II.  D.  V.  Neviusi 
E.  P.  Humphrey,  S.  M.  Bayless,  II.  M.  Scudder,  G.  K.  Per 
kins. 

Ridir-'i  Elders— K.  B.  Conger,  S.  G.  Malono,  J.  Tate,  W. 
Risley,  J.  G.  Barrett,  R.  Miller,  E.  W.  Martin,  C.  Ilubbard— 
Noes,  10. 

No.x  LIQUET— Minister— J.  P.  McMillan— 1. 

Total— Ayes.  180;  noes,  19;  non  liqitct,  1. 

So  the  report  was  adopted.    It  is  as  follows : 

The  Committee  to  whom  was  referred  the  resolution 
which  proposed  to  raise  the  flag  of  the  United  States  upon 
the  building  in  which  the  Assembly  is  now  convened,  and 
to  report  in  respect  to  the  "  State  of  the  Country,"  respect 
fully  present  the  following  report : 

Your  Committee  believe  that  the  design  of  the  mover  of 
the  original  resolution,  and  of  the  large  majority, who  ap 
parently  are  ready  to  vote  for  its  adoption,  is  simply  to  call 
forth  from  the  Assembly  a  significant  token  of  our  sym 
pathy  with  this  Government,  in  its  earnest  efforts  to  sup 
press  a  rebellion,  that  now  for  over  two  years  has  wickedly 
stood  in  armed  resistance  to  lawful  and  beneficent  author 
ity.  But  as  there  are  many  among  us  who  are  undoubtedly 
patriotic;  who  are  willing  to  express  any  righteous  prin 
ciple  to  which  this  Assembly  should  give  utterance,  touch 
ing  the  subjection  and  attachment  of  an  American  citizen 
to'the  Union  and  its  institutions:  who  love  the  flag  of  our 
country,  and  rejoice  in  its  successes  by  sea  and  by  land; 
and  who  yet  do  not  esteem  this  particular  act  a  testimonial 
of  loyalty  entirely  becoming  to  a  church  court. — and  as 
many  of  these  brethren,  by  the  pressing  of  this  vote,  would 
be  placed  in  a  falso  position,  as  if  they  did  not  love  tho 
Union,  of  which  that  flag  is  tho  beloved  symbol,  your  Com 
mittee  deem  themselves  authorized,  by  the  subsequent  di 
rection  of  the  Assembly,  to  propose  a  different  action  to  be 
adopted  by  this  venerable  court. 

It  is  well  known,  on  the  one  hand,  that  tho  General  As 
sembly  has  ever  been  reluctant  to  repeat  its  testimonies 
upon  important  matters  of  public  interest:  but,  having 
given  utterance  to  carefully  considered  words,  is  content  to 
abide  calmly  by  its  recorded  deliverances.  Nothing  that 
this  Assembly  can  say  can  more  fully  express  the  wicked 
ness  of  the  rebel!  ion 'that  has  cost  so  much  blood  and  trea 
sure;  can  declare  in  plainer  terms  the  guilt  before  God  and 
man  of  those  who  have  inaugurated,  or  maintained,  or 
countenanced,  for  so  little  cause,  this  fratricidal  strife;  or 
can  more  impressively  urge  the  solemn  duty  of  the  Govern 
ment  to  the  lawful  exercise  of  its  authority,  and  of  the 
people,  each  in  his  several  place,  to  uphold  tho  civil  author 
ities,  to  the  end  that  law  and  order  .may  again  reign 
throughout  this  entire  nation— than  these  things  have 
already  been  done  by  previous"  Assemblies.  Nor  need  this 
body  declare  its  solemn  rebukes  towards  those  ministers 
and' members  of  the  church  of  Christ,  who  have  aided  in 
bringing  on  and  sustaining  these  immense  calamities;  or 
tender  our  kind  sympathies  to  those  who  are  overtaken  by 
(roubles  they  could  not  av.)id,  and  who  mourn  and  weep  in 
secret  places,  not  unseen  by  the  Father's  «ye ;  or  reprove 
all  wilful  disturbers  of  the  public  peace;  or  exhort  those 
that  are  subject  to  our  care  to  the  careful  discharge  of 


evry  duty  tending  to  uphold  the  free  and  b 
Government  under  which  we  are.  and  this  specially  for 
conscience'  sake,  and  as  in  tho  sight  of  God— more  than, 
in  regard  to  all  these  things,  the  General  A«sombly  has 
made  it-*  solemn  deliverances,  since  these  troubles  bezan. 

But,  on  the  other  hand,  it  may  bo  well  for  this  General 
Assembly  to  reaffirm,  as  it  now  solemnly  does,  the  great 
principles  to  which  utterance  has  already 'been  given.  We 
do  this  the  more  readily,  because  our  beloved  church  may 
thus  be  understood  to  take  her  deliberate  and  well-chosen, 
stand,  free  from  all  imputations  of  haste  or  excitement: 
because  we  recognise  an  entire  harmony  between  the  du 
ties  of  the  citizen,  (esrx":ially  in  a  land  where  the  people 
frame  their  own  laws,  and  choose  their  own  rulers,)  and 
the  duties  of  the  Christian  to  the  great  Head  of  the  Church ; 
because,  indeed,  least  of  all  persons,  should  Christian  citi 
zens  even  seem  to  island  back  from  their  duty,  when  bad 
men  press  forward  for  mischief ;  and  because  a  true  love 
for  our  country,  in  her  times  of  peril,  should  forbid  us  to 
withhold  an  expression  of  our  attachment,  for  the  insuf 
ficient  reason  that  we  are  not  accustomed  to  repeat  our 
utterances. 

And  because  there  are  those  among  us  who  have  scruple* 
touching  the  propriety  of  any  deliverance  of  a  church- 
court  respecting  civil  matters,  this  Assembly  would  add, 
that  all  strifes  of  party  politics  should  indeed  be  banished 
from  our  ecclesiastical  assemblies,  and  from  our  pulpits; 
that  Christian  people  should  earnestly  guard  against  \m> 
moting  partizan  divisions;  and  that  the  difficulty  of  accu 
rately  deciding,  in  some  cases,  what  are  general  and  what 
party  principles,  should  make  us  careful  in  our  judgments; 
but  that  our  duty  is  none  the  less  imperative  to  uphold  the 
constituted  authorities,  because  minor  delicate  questions 
may  possibly  be  involved.  Rather,  the  sphere  of  the  church 
is  wider  and  moie  searching,  touching  matters  of  great 
public  interest,  than  the  sphere  of  the  civil  magistrate,  in 
this  important  respect — that  the  civil  authorities  can  take 
cognizance  only  of  overt  acts;  while  the  law  of  which  tho 
church  of  God  is  tho  interpreter,  searches  the  heart,  makes 
every  man  subject  to  the  civil  authority,  for  conscience* 
sake,  and  declares  that  man  truly  guilty  who  allows  him 
self  to  be  alienated,  in  sympathy  and  feeling,  from  any 
lawful  duty,  or  who  does  not  conscientiously  prefer  the 
welfare,  and  especially  the  preservation  of  the  Government,, 
to  any  party  or  partizan  ends.  Officers  may  not  always 
command  a  citizen's  confidence;  measures  may  by  him  be 
deemed  unwise ;  earnest,  lawful  efforts  may  be  made  for 
changes  ho  may  think  desirable;  but  no  causes  now  exist 
to  vindicate  the  disloyalty  of  American  citizens  towards 
the  United  States  Government. 

The  General  Assembly  would  not  withhold  from  the  Gov 
ernment  of  the  United  States,  that  expression  of  cordial 

ympathy  which  a  loyal  people  should  offer.  We  believe 
that  God  has  afforded  us  ample  resources  to  suppress  this 
rebellion,  and  that,  with  his  blessing,  it  will  ere  long  be  ac 
complished.  We  would  animate  those  who  are  discouraged 
by  the  contimiance  and  fluctuations  of  these  costly  strifes, 
to  remember  and  rejoice  in  the  supreme  government  of  our 
Jod,  who  often  leads  through  perplexity  and  darkness.  We 
would  exhort  to  penitence  for  all  our  national  sins,  to  so 
briety  and  humbleness  of  mind  before  the  Great  Ruler  of 

11,  and  to  constant  prayerfulness  for  the  divine  blessing; 
and  we  would,  entreat  our  people  to  beware  of  all  schemes 
mplying  resistance  to  the  lawfully-constituted  authorities, 
jy  any  other  means  than  are  recognised  as  lawful  to  be 
>penly  prosecuted.  And  as  this  Assembly  is  ready  to  de 
clare  our  unalterable  attachment  and  adherence  to  the 
Union  established  by  our  fathers,  and  our  unqualified  con- 
iemnation  of  the  rebellion;  to  proclaim  to  the  world  the 
United  States,  one  and  undivided,  as  our  country;  the  law 
fully  chosen  rulers  of  the  land,  our  rulers ;  the  Government 
of  the  United  States,  our  civil  government,  and  its  honored 
flag,  our  flag;  and  to  affirm  that  we  are  bound, in  the  truest 

id  >t  detest  fidelity,  to  the  duties  of  Christian  citizens 
inder  a  government  that  has  strown  its  blessings  with  a 
H-ofuse  hand,  your  Committee  ^commend  that,  as  the 
rustees  of  this  church,  concurring  in  the  desire  of  many 
members  of  this  Assembly,  have  displayed  from  this  edifice 
:he  American  flag,  the  symbol  of  national  protection,  unity, 
md  liberty,  the  particular  action  contemplated  in  the  orig- 
na I  resolution  be  no  further  urged  upon  the  attention  of 
.his  body. 

Dr.  Hickok  moved  now  to  adopt  the  paper  of  Dr.  Hum- 
)hrey. 

On  this  question  the  ayes  and  noes  were  called,  with  the 
bllowiug  result  : 

AYES— Ministers— R.  A.  De  Lancey,  II.  F.  Hickok,  J. 
Wood,  M.  S.  Goodale,  J.  Cleland,  W.  D.  McKiuley,  A.  T. 

tank-in,  I.  Fades,  A.  R.  Macoubrey,  J.  Lillu-,  T.  M.  G-ay, 

.  Cory,  E.  E.  Kaukin,  E    C.  Wines,  W.  Phraner,  E.  P. 

Jeuedict,  G.  F.  Goodhue,  J.  P.  Knox,  G.  S.  Pluuiley,  S.  S. 
^heddau,  A.  D.  White,  R.  S.  Manning,  E.  P.  Shields,  G.  S. 

tfott,  W.  H.  Kirk,  W.R.  Glen,  D.  Cook,  J .  Osmond,  M.  J. 


APPENDIX. 


465 


Hickok,  L.  C.  Baker,  F.  Chandler,  A.  W.  Sproull,  W.  Black- 
wood,  A.  Kevin,  W.  R.  Work,  J.  Beggs,  J.  H.  M.  Knox,  J. 
C.  Thompson.  A.  De  Witt,  0  W.  Stewart,  S  M.  Moore,  D. 
H  Barren  W.  Life,  J.  Thomas,  H.  C.  Galbiaith,  G.  P.  Hays, 
W.  C.  Cuttell,  R.  McCachren,  F.  T  Brown,  R.  F.  Wilson, 
W.  B.  Mcllvauie.  R.  Lea,  S.  McFarren,  J.  S.  Elder,  G.  W. 
Mechlin,  L.  Young,  J.  W.  Johnston,  W.  M.  Blackburn,  L. 
L  Conrad,  J.  I  Brownson,  W.  B.  Keeling,  C.  C.  Beatty, 
J.  S.  Marquis.  W.  R.  Vincent,  G.  Carpenter,  J.  B.  Blayney, 
8  Wilson,  J.  R.  Duncan.  J  E.  Carson,  A.  J.  McMillan.  J.  F. 
Jennison.  V.  Noyes,  D.  8.  Anderson,  J.  A.  Meeks,  J.  Wise 
man,  E.  B.  Bower,  T.  E.  Hughes,  L.  D.  Potter,  A.  B.  Gilli- 
limd,  J.  M.  Cross,  J.  Crawford,  D.  B.  Reed,  L.  G.  Hay,  J. 
W.  McCluskc'v,  J.  L,  Lower,  J.  M.  Lo.wrie,  T.  Whallon,  H. 
M.  Corbett.  J.  Andrew,  J.  C.  Hanna,  J.  Muck,  G.  W.  Ash,  J. 
Worrell,  G.  S.  Inglis,  R.  Frame,  R.  Beer,  J.  Fleming,  H.  B. 
Thayer,  F.  A.  Pratt,  G.  Ainslie,  W.  SpetT,  A.  S.  Marshall, 

A.  Caldwell,  J.  L  Wilson,  W.  E.  Westervelt,  J.  A.  Caroth- 
eis.  II.  M.  Giltner,  J.  M.  McElroy,  J.  A.  Quarles,  J.  Leigh- 
ton.  A.  Munson,  J.  P.  McMillan,  R.  Valentine,  H.  V.  D. 
Nevius.  E.  P.  Humphrey,  S   M.  Bayless,  H.  M.  Scudder,  G. 
K.  1  erkins,  and  A.  Scott, 

Eulinn  Elders— 3 .  C.  House,  J.  M.  Lasher,  A.  W.  Page, 
J.  H.  Millppaugh,  J.  S.  Purdy,  W.  R.  Tost,  J.  Stuart,  A.  B. 
Conger,  J.  Darrach,  K.  Carter,  W.  L.  Wood,  J.  Huneyman, 
H.  Hedges,  W.  D.  Sinclair,  E.  B.  Fuller,  J.  MacUey,  G. 
Fuller.  G.  H.  Van  Gelder,  M.  P.  Rue,  G.  Junkin,  Jr.,  S.  H. 
Fulton.  R.  Graham,  S.  E.  Weir,  R.  N.  Brown,  J.  A.  Chris 
tie,  W.  C.  Lawson,  J.  N.  Brown,  A.  Stirling,  Jr.,  J.Clark, 
i.eorge  Hench,  R.  M.  Jones,  J.  P.  Tustiu,  J.  Giffen,  J.  Cul- 
bertson.  J.  Barnett,  J.  Cochran,  J.  McKee,  J.  Boyd,  C. 
By  lea,  T.  II.  Neviu,  J.  Vance.  T.  McKennan,  T.  S.  Milligan, 
(i.  B.  Johnston,  S.  Sharp,  J.  W.  Robinson,  William  Munro, 
M.  Scott,  R.  Kerr,  J.  Strine,  A.  G.  Brown.  H.  K.Clarke,  H. 

B.  Myer,  W.  B.  Franklin,  C.  A.  i'helps,  H.  H   Leavitt,  C. 
Williams,  W.  Mixer,  W.  McCulloch,  J.  W.Sprowle,  H.T. 
Roseman,  J.  C.  Burl,  8.  Vannuys,  E.  Wright,  J.  T.  Eccles, 
W.  Bediok,  S.  G.  Malone,  W.  Munro. T.  Candor,  C.  Crosby, 
S.  Howe,  T.  Voorhees,R   S.Alexander.  J.  C.  Walker,  L. 
Hoadley,  B.  P. Baldwin,  J.  Tate,  W   Risley,J.  A.  McAfee, 
A.  M.  McPherson,  J.  G.  Barrett,  K.  Miller,  G.  W.  Lewis,  E. 
W.  Martin,  and  C.  Ilubbard— Ayes,  206. 

NOES— Minister— E.  S.  Wilson,  1. 

NON  LIQUET — MinL-ter—J.  Rowland,  1. 

TOTAL — Ayes,  206;  noes,  1;  nonliquet,!. 

The  paper  of  Dr.  Humphrey  was  therefore  adopted.  It 
is  as  follows : 

The  Gen  oral  Assembly  of  1861  adopted  a  minute  on  the 
state  of  the  church  and  the  country.  The  Assembly  of 
1862  uttered  a  more  formal  and  comprehensive  deliverance. 
In  the  meantime,  a  certain  number,  perhaps  the  larger 
portion  of  the  Presbyteries  and  Synods,  have  expressed 
their  judgments  on  the  same  subject.  This  General  As- 
sembiy  is  persuaded  that  the  office-bearers  and  members 
of  this  church,  within  the  Presbyteries  represented  here, 
are,  in  a  remarkable  degree,  united  in  a  strict  and  true 
allegiance  to  the  Constitution  and  Government  of  the 
United  States;  and  that  they  are,  as  a  body,  loyal  both  to 
the  church  and  the  civil  government  as  ordinances  of 
God. 

This  Gc-neral  Assembly  contents  itself,  on  that  part  of  the 
subject,  by  enjoining  upon  all  the  people  of  God,  who  ac 
knowledge  this  church  as  their  church,  to  uphold,  accord 
ing  as  God  shall  give  them  strength,  the  authority  of  the 
Constitution  and  laws  of  the  land,  in  this  time  of  supreme 
national  peril.  But  this  Assembly  would  most  distinctly 
and  solemnly  inculcate  upon  all  its  people  the  duty  of  hum 
bly  confessing  before' God  the  great  uaworthiuess,  and  the 
mauv  sins  of" the  people  of  this  land,  and  of  acknowledg 
ing  the  holiness  and  justice  of  the  Almighty  in  the  present 
visitation.  He  is  righteous  in  all  His  ways,  and  holy  in  all 
His  works.  We  exhort  our  brethren  to  seek  the  gift  of  the 
Holy  Ghost,  by  prayer  and  confession  and  repentance,  so 
that  the  anger  of  the  Lord  may  be  turned  away  from  us. 
and  that  the  spirit  of  piety  may  become  not  less  predomi 
nant  ami  vital  in  the  churches  than  the  spirit  of  an  awak 
ened  patriotism. 

And  this  Assembly,  connecting  the  experience  of  our 
present  trials  with  the  remembrance  of  those  through 
which  the  church  has  passed,  does  now  recall  and  adopt  the 
sentiments  of  our  fathers  in  the  Church  of  Scotland,  as 
thes<<  are  expressed  for  substance  in  the  Solemn  League 
and  Covenant  of  1643  :  "And  because  the  people  of  this 
land  are  guilty  of  mauy  sins  and  provocations  against  God, 
and  his  Son  Jesus  Christ,  as  is  manifest  by  our  present, 
distresses  and  dangers,  the  fruits  thereof,  we  profess  and 
declare  before  God  and  the  world  our  unfeigned  desire  to 
be  Ifumblod  lor  our  own  sins  and  the  sins  of  the  people, 
especially  that  wo  have  not,  as  we  ought,  valued  the  ines 
timable  boueflt  of  the  gospel,  nor  laboured  for  the  purity 
and  powor  thereof;  and  that  we  have  not,  as  we  ought, 
endeavoured  to  receive  Christ  in  our  hearts,  nor  to  walk 
worthy  of  him  in  our  lives,  which  are  the  cause  of  other 
sins  and  transgressions  so  much  abounding  among  us;  and 
60 


our  true  and  unfeigned  purpose,  desire,  and  endeavour  for 
ourselves,  and  all  others  under  our  charge,  both  in  public 
and  private,  in  all  duties  we  owe  to  God  and  man,  to  amend 
our  lives,  and  each  one  to  go  before  another  in  the  example 
of  a  real  reformation,  that  the  Lord  may  turn  away  His 
wrath  and  heavy  indignation,  and  establish  the  church  and 
the  land  in  truth  and  peace." 

GENERAL   ASSEMBLY    OF    1864,    (OLD    SCHOOL.) 

May  19 — The  body  met  at  Newark,  N.  J. 

May  20 — Hoii.  Stanley  Matthews,  of  Cincin 
nati,  from  the  Committee  on  Bills  and  Over 
tures—which  consisted  of  Drs.  W.  L.  Breckin- 
ridge,  J.  M.  Krebs,  J.  Greenleaf,  J.  Kirkpat- 
rick,  J.  V.  Reynolds,  A.  S.  MacMaster,  J.  D. 
Paxton,  and  Rev.  Messrs.  J.  J.  Porter,  J.  A. 
Steele,  and  Ruling  Eldors  R.  Carter,  T.  Charl- 
tou  Henry,  A.  G.  McCandless,  S.  Matthews, 
and  J.  Y.  Allison — made  a  report,  which  was 
amended  in  a  few  particulars  and  adopted  with 
almost  entire  unanimity,  as  follows  : 

The  Committee  on  Bills  and  Overtures  report : 

Overture  No.  12,  from  the  Presbytery  of  Newton,  reciting 
tlie  former  deliverances  of  the  General  Assembly  upon  the 
subject  of  slavery  in  this  country,  and  the  duty  of  emanci 
pation,  and  asking  this  General  Assembly  to  take  such 
action  as  in  their  w-isdom  seems  proper  to  meet  the  present 
aspects  of  human  bondage  in  our  country,  and  recommend 
the  adoption  of  the  following: 

In  the  opinion  of  the  General  Assembly,  the  solemn  and 
momentous  circumstances  of  our  times,  the  state  of  our 
country,  and  the  condition  of  our  church,  demand  a  plain 
declaration  of  its  sentiments  upon  the  question  of  slavery, 
in  view  of  its  present  aspects  in  this  country. 

From  the  earliest  period  of  our  church,  the  General  As 
sembly  delivered  unequivocal  testimonies  upon  this  subject, 
which  it  will  be  profitable  now  to  re-affirm. 

In  the  year  1767,  the  Synod  of  New  York  and  Philadel 
phia,  in  view  of  movements  then  on  foot  looking  to  the 
abolition  of  slavery,  and  highly  approving  of  them,  declared 
that  "inasmuch  as  men  introduced  from  a  servile  state  to 
a  participation  of  all  the  privileges  of  civil  society,  without 
a  proper  education,  and  without  previous  habits  of  indus 
try,  may  be,  in  many  respects,  dangerous  to  the  commu 
nity,  therefore  they  earnestly  recommend  to  all  the  mem 
bers  belonging  to  their  communion  to  give  these  persons, 
who  are  at  present  held  in  servitude,  such  good  education 
as  to  prepare  them  for  the  better  enjoyment  of  freedom." 

*  *  *  "And  finally,  they  recommend  it  to  all  their 
people  to  use  the  most  prudent  measures  consistent  with 
the  interest  and  the  state  of  civil  society  in  the  countries 
where  they  live  to  procure  eventually  the  final  abolition  of 
slavery  in  America." 

In  1795,  the  General  Assembly  "  assured  all  the  churches 
under  their  care,  that  they  view  witli  the  deepest  concern 
any  vestiges  of  slavery  which  may  exist  in  our  country." 

In  1815  the  following  record  was  made: 

"  The  General  Assembly  have  repeatedly  declared  their 
cordial  approbation  of  those  principles  of  civil  liberty  which 
appear  to  bo  recognized  by  the  Federal  and  State  Govern 
ments  in  these  United  States.  They  have  expressed  their 
regret  that  the  slavery  of  the  Africans  and  of  their  descend 
ants  still  continues  in  so  many  places,  and  even  among 
those  within  the  pale  of  the  church,  and  have  urged  the 
Presbyteries  under  their  care  to  adopt  such  measures  as 
will  secure,  at  least  to  the  rising  generation  of  slaves, 
within  tho  bounds  of  the  church,  a  religious  education,  that 
they  may  be  prepared  for  the  exercise  and  enjoyment  of 
liberty  when"  God  in  his  providence  may  open  a  door  for 
their  emancipation." 

The  action  of  the  General  Assembly  upon  the  subject  of 
slavery  in  the  year  1818  is  unequivocal,  and  so  well  known 
that  it  need  not  bo  recited  at  length.  The  following  ex 
tracts,  however,  we  regard  as  applicable  to  our  present  cir 
cumstances,  and  proper  now  to  Lie  reiterated : 

"We  consider  the  voluntary  enslaving  of  one  portion  of 
tho  human  race  by  another  as  a  gross  violation  of  the  most 
precious  and  sacred  rights  of  human  nature,  as  utterly  in 
consistent  with  tho  law  of  God,  which  requires  us  to  lovo 
our  neighbor  as  ourselves,  and  as  totally  irreconcilable  with 
the  spirit  and  principles  of  the  gospel  of  Christ,  which  en 
joins  that  'all  things  whatsoever  ye  would  that  men  should 
do  to  you,  do  ye  even  so  to  them.'  Slavery  creates  a  para 
dox  in  the  moral  system.  It  exhibits  rational,  moral,  and 
accountable  beings  in  such  circumstances  as  scarcely  to 
leave  them  tho  power  of  moral  action.  It  exhibits  thorn 
as  dependent  on  the  will  of  others,  whether  they  shall  re 
ceive  religious  instruction,  whether  they  shall  know  and 
worship  the  true  God,  whether  they  shall  enjoy  the  ordi* 


APPENDIX. 


nances  of  the  gospel,  whether  the}'  shall  perform  the  duties  ' 
and    cherish    the   endearments    of   husbands  and   wives, 
parents  and  children,  neighbors  and  friends ;  whether  they 
shall  preserve  their  chastity  and  purity,  or  regard  the  die-  \ 
tates  of  justice  and  humanity.     Such  are  some  of  the  con 
sequences   of   slavery— consequences    not   imaginary,  but 
which  connect  themselves  with  its  very  existence. 

"From  this  view  of  the  consequences  resulting  from  the 
practice,  into  which  Christian  people  have  most  inconsist 
ently  fallen,  of  enslaving  a  portion  of  their  brethren  of 
mankind,  it  is  manifestly  the  duty  of  ail  Christians,  who 
enjoy  the  light  of  the  present  day,  when  the  inconsistency 
of  slavery,  both  with  the  dictates  of  humanity  and  of  re 
ligion,  has  been  demonstrated,  and  is  generally  seen  and 
acknowledged,  to  use  their  honest,  earnest,  and  unwearied 
endeavors  to  correct  the  errors  of  former  times,  and,  as 
speedily  as  possible,  to  efface  this  blot  on  our  holy  religion, 
and  to  obtain  the  complete  abolition  of  slavery  throughout 
Christendom,  and  if  possible  throughout  the  world." 

They  earnestly  exhorted  those  portions  of  the  Church 
where  the  evil  of  slavery  had  been  entailed  upon  them,  '•  to 
continue,  and,  if  possible,  to  increase  their  exertions  to 
effect  a  total  abolition  of  slavery,  and  to  suffer  no  greater 
delay  to  take  place  in  this  most  interesting  concern  than  a 
regard  to  public  welfare  truly  and  indispensably  demands;" 
and  declare  "  that  our  country  ought  to  bo  governed  in  this 
matter  by  no  other  consideration  than  an  honest  and  impar 
tial  regard  to  the  happinessof  the  injured  party,  uninfluenced 
by  the  expense  or  inconvenience  which  such  a  regard  may  in 
volve  ;''  warning  "  all  who  belong  to  our  denomination  of 
Christians  against  unduly  extending  this  plea  of  necessity; 
against  making  it  a  cover  for  the  love  and  practice  of  ! 
slavery,  or  a  pretence  for  not  using  efforts  that  are  lawful 
and  practicable  to  extinguish  this  evil." 

Such  were  the  early  and  unequivocal  instructions  of  our 
Church.  It  is  not  necessary  too  minutely  to  inquire  how 
faithful  and  obedient  to  these  lessons  and  warnings  those 
to  whom  they  were  addressed  have  been.  It  ought  to  be 
acknowledged  that  we  have  all  much  to  confess  and  lament 
as  to  our  short-comings  in  this  respect.  W  aether  a  strict 
and  careful  application  of  this  advice  would  have  rescued 
the  country  from  the  evil  of  its  condition,  and  the  dangers 
which  have  since  threatened  it,  is  known  to  the  Omniscient 
alone.  Whilst  we  do  not  believe  that  the  present  judg 
ments  of  our  Heavenly  Father,  and  Almighty  and  Right 
eous  Governor,  have  been  indicted  solely  in  punishment  for 
our  continuance  in  this  sin;  yet  it  is  our  judgment  that  the 
recent  events  in  our  history,  and  the  present  condition  of 
our  Church  and  country  furnish  manifest  tokens  that  the 
time  has  at  length  come,  in  the  providence,  of  God,  ivhen  it  is 
His  will  that  every  vestige  of  human  slavery  among  us  should 
be  effaced,  and  that  every  Christian  man  should  address  him 
self  with  industry  and  earnestness  to  his  appropriate  part  in 
Hie  performance  of  this  great  duty. 

Whatever  excuses  for  its  postponement  may  heretofore 
have  existed,  no 'longer  avail.  When  the  country  was  at 
peace  within  itself,  and  the  Church  was  unbroken,  many 
consciences  were  perplexed  in  the  presence  of  this  great 
evil,  for  the  want  of  an  adequate  remedy.  Slavery  was  so 
formidably  intrenched  behind  the  ramparts  of  personal  in 
terests  and  prejudices,  that  to  attack  it  with  a  view  to  its 
speedy  overthrow  appeared  to  be  attacking  the  very  exist 
ence  of  the  social  order  itself,  and  was  characterized  as  the 
inevitable  introduction  of  an  anarchy,  worse  in  its  conse 
quences  than  the  evil  for  which  it  seemed  to  be  the  only 
cure.  J5ut  the  folly  and  weakness  of  men  have  been  the 
illustrations  of  God's  wisdom  and  power.  Under  the  influ 
ence  of  the  most  incomprehensible  infatuation  of  wicked 
ness,  those  who  were  most  deeply  interested  in  the  perpet 
uation  of  slavery  havetaken  away  every  motive  for 'its  further 
toleration. 

The  spirit  of  American  slavery,  not  content  with  its  de 
fences  to  be  found  in  the  laws  of  the  States,  the  provisions 
of  tho  Federal  Constitution,  the  piejudices  in  favor  of  ex 
isting  institutions,  and  the  fear  of  change,  has  taken  arms 
against  law,  organized  a  bloody  rebellion  against  tho  na 
tional  authority,  made  formidable  war  upon  tho  Federal 
Union,  and  in  order  to  found  an  empire  upon  the  corner 
stone  of  slavery,  threatens  not  only  our  existence  as  a  peo 
ple,  but  the  annihilation  of  the  principles  of  free  Christian 
government;  and  thus  has  rendered  the  continuance  of 
negro  slavery  incompatible  with  the  preservation  of  our 
own  liberty  and  independence. 

In  the  struggle  of  the  nation  for  existence  against  this 
powerful  and  wicked  treason,  the  highest  executive  author 
ities  have  proclaimed  the  abolition  of  slavery  within  most 
of  the  Rebel  States,  and  decreed  its  extinction  by  military 
force.  They  have  unlisted  those  formerly  held  as  slaves  to 
be  soldiers  in  the  national  armies.  They  have  taken  meas 
ures  to  organize  the  labor  of  the  freedmen,  and  instituted 
measures  for  their  support  and  government  in  their  new 
condition.  It  is  the  President's  declared  policy  not  to  con 
sent  to  the  reorganization  of  civil  government  within  the 
seceded  States  upon  any  other  basis  than  that  of  emanci 


pation.  In  the  loyal  States  where  slavery  has  not  been 
abolished,  measures  of  emancipation,  in  different  stages  of 
progress,  have  been  set  on  foot,  and  are  near  their  consum 
mation  ;  and  propositions  for  an  amendment  to  the  Federal 
Constitution,  prohibiting  slavery  in  all  the  States  and  Ter 
ritories,  are  now  pending  in  the  national  Congress.  So  that, 
in  our  present  situation,  the  interests  of  peace  and  of  social 
order  are  identified  with  the  success  of  the  cause  of  eman 
cipation.  The  difficulties  which  formerlj'  seemed  insur 
mountable,  in  the  providence  of  God,  appear  now  to  be 
almost  removed.  The  most  formidable  remaining  obstacle, 
we  think,  will  be  founu  to  be  the  unwillingness  of  tho 
human  heart  to  see  and  accept  the  truth  against  the  preju 
dices  of  habit  and  of  interest;  and  to  act  towards  those 
who  have  been  heretofore  degraded  as  slaves,  with  the  char 
ity  of  Christian  principle  in  the  necessary  efforts  to  im 
prove  and  elevate  them. 

In  view,  therefore,  of  its  former  testimonies  upon  the  sub 
ject,  the  General  Assembly  does  hereby  devoutly  express 
its  gratitude  to  Almighty  God  for  having  overruled 
the  wickedness  and  calamities  of  the  rebellion,  so  as  to 
work  out  the  deliverance  of  our  country  from  the  evil  and 
guilt  of  slavery ;  its  earnest  desire  for  the  extirpation  of 
slavery,  as  the  root  of  bitterness  from  which  has  sprung 
rebellion,  war,  and  bloodshed,  and  the  long  list  of  horrors 
that  follow  in  their  train ;  its  earnest  trust  that  the 
thorough  removal  of  this  prolific  source  of  evil  and  h;>rm 
will  bo  speedily  followed  by  the  blessings  of  our  Heavenly 
Father,  the  return  of  peace,  union  and  fraternity,  and 
abounding  prosperity  to  the  whole  land;  and  recommend 
to  all  in  our  communion  to  labor  honestly,  earnestly,  and 
unweariedly  in  their  respective  spheres  for  this  glorious 
consummation,  to  which  human  justice,  Christian  love, 
national  peace  and  prosperity,  every  earthly  and  every  re 
ligious  interest,  combine  to  pledge  them. 

ATTEMPTED  CENSURE  OF  THE  ASSEMBLY'S  ACTION. 

At  tbe  meeting  of  the  Synod  of  New  York 
in  Jersey  City,  in  October,  the  following  pream 
ble  and  resolutions  were  introduced  by  Rev. 
Henry  J.  Van  Dyke,  of  Brooklyn,  on  the  morn- 
ing  of  the  first  day  of  the  session.  They  refer 
to  the  recent  action  of  the  Old  School  General 
Assembly,  held  in  the  city  of  Newark,  New 
Jersey,  in  May  last: 

Whereas,  The  General  Assembly  of  1864,  in  its  action  on 
the  subject  of  slavery,  has  fully  endorsed  "the  President's 
declared  policy  not  to  consent  to  the  reorganization  of  civil 
government  in  the  seceded  States  upon  any  other  basis 
than  that  of  emancipation;''  affirming  that  the  said  policy 
is  in  accordance  with  the  will  of  God,  and  that  all  in  ow 
communion  are  pledged  by  every  earthly  and  every  relig 
ious  interest  to  labor  unweariedly  in  their  respective  spheres 
for  its  consummation ; 

And  whereas,  The  Assembly  has  virtually  exerted  its  in 
fluence  in  support  of  that  political  party  which  has  selected 
the  President  for  its  candidate,  and  adopted  his  declared 
policy  as  its  platform  in  the  approaching  Presidential  elec 
tion; 

And  whereas,  In  the  case  of  the  Rev.  Dr.  McPheeters, 
the  Assembly  did  apparently  sanction  the  interference  of 
the  secular  power  with  the  spiritual  affairs  of  our  churches, 
the  enforcement  of  political  tost  oaths  as  a  qualification  for 
members  sitting  in  our  church  courts,  and  the  proscription 
of  Christian  ministers,  against  whom  there  is  no  charge  of 
heresy  or  crime,  upon  the  ground  that  they  entertain,  or 
are  supposed  to  entertain,  certain  political  opinions;  there 
fore, 

Resolved,  That  this  Synod,  while  disavowing  for  itself  all 
intention  of  entering,  directly  or  indirectly,  into  the  polit 
ical  contests  of  the  day,  does  solemnly  affirm  and  de 
clare — 

1.  That  according  to  the  Word  of  God  and  the  Constitu 
tion  of  the  Presbyterian  Church,  the  General  Assembly  has 
authority  "  to  handle  or  conclude  nothing  but  that  which 
is  ecclesiastical;"  that  it  has  no  right  ''to  intermeddle  with 
civil  affairs  which  concern  the  Commonwealth,  unless  by 
way  of  humble  petition  in  cases  extraordinary,  or  by  way 
of  advice  for  satisfaction  of  conscience,   if  thereunto   re 
quired  by  the  civil  magistrate;"  [Confession  of  Faith,  ch. 
xxxi,  sec.  4,]  that  its  "power  is  wholly  moral  or  spiritual, 
and  that  only  ministerial  and  declarative;"  that  the  limits 
within  which  this  ministerial  and  declarative  power  may 
be  lawfully    exercised  are  clearly  denned   in  ch.  xii  of 
our  Form  of  Government;  and  that  all  acts  and  declara 
tions  of  the  Assembly  which  are  contrary  to,  or  aside  from, 
these  limits  are  null  and  void. 

2.  That  all  interference  of  civil  magistrates  or  military 
commanders  with  the  spiritual  affairs   of  our  churches — 
whether  to  destroy  or  restrict  the  right  of  the  people  to 
choose  their  own  religious  teachers,  to  define  the  qualifica- 


APPENDIX. 


46' 


tion  of  members  of  our  church  courts,  or  to  prescribe  to 
ministers  the  doctrine  they  shall  preach  or  the  prayers 
they  shall  offer  to  God — is  a  violation  of  the  true  principles 
of  religious  liberty,  and  an  invasion  of  the  prerogatives  of 
Jesus  Christ,  who  alone  is  head  of  the  church.  [See  Con 
fession  of  Faith,  ch.  xxiii,  sec.  3.1 

3.  That  the  bond  of  union,  the  measure  of  obligation, 
and  the  charter  of  ecclesiastical  rights  for  all  the  ministers 
and  members  of  the  Presbyterian  Church,  is  the  Word  of 
God  as  expounded  and  summed  up  in  our  Confession  of 
Faith,  Form  of  Government,  Book  of  Discipline,  Catechisms, 
and  Directory  for  Worship;  and  that  no  minister  or  church 
member  ran  be  lawfully  impeached  or  proscribed,  except 
upon  conviction  of  heresy  or  crime  according  to  the  rules 
therein  provided. 

4.  That  the  appropriate  business  of  Christ's  ambassadors 
is  to  preach  the  Gospel  for  ihe  conversion  of  sinners  and 
the  edification  of  saints  in  thoir  most  holy  faith,  and  that 
for  our  ministers  to  devote  themselves  unweariedly  in  their 
respective  spheres  to   the  consummation  of  the  declared 
policy  of  any  political  party,  would  be  unwise,  unscrip- 
tural,  injurious  to  the  best  interests  of  the  church  and  of 
society,  and  a  dereliction  from  their  divine  commission,  in 
the  discharge  of  which  they  are  taught  by  inspired  precept 
and  example  to  li  know  nothing  but  Jesus  Christ  and  him 
crucified." 

After  considerable  debate  the  subject  was 
referred  to  a  Special  Committee.  The  com 
mittee  were  Rev.  Drs.  Krebs,  Imbrie,  and 
Snodgrass  ;  Rev.  Mr.  Knox  and  Elders  Wilkin, 
Beard  and  Hubbell. 

Two  reports  were  made — the  majority  by 
Rev.  Dr.  Krebs,  the  minority  by  Rev.  Mr. 
Knox,  for  himself. 

THE    MAJORITY    REPORT. 

The  preamble  of  the  paper  submitted  by  Mr.  Van  Dyke 
act  only  invokes  this  Synod  improperly  to  arraign  the  late 
General  Assembly,  and  to  hold  it  up  to  censure  and  re 
proach,  but  it  is  also  an  entire  misrepresentation  of  the 
language,  spirit,  and  intent,  of  the  declarations  of  that  body 
in  regard  to  slavery,  to  the  attitude  and  aspect  of  Divine 
Providence  towards  it,  and  to  the  relation  and  duty  of  the 
Church  thereto  at  this  time :  and  is  also  a  misrepresenta 
tion  of  the  Assembly's  decision  in  the  case  of  the  Rev.  Dr. 
McPheeters,  and  of  tho  grounds  thereof  as  set  forth  by  the 
Assembly  itself;  because,  in  the  judgment  of  this  Synod, 
it  was  not  the  intention,  and  is  not  the  legitimate  effect  of 
the  General  Assembly's  action  on  slavery  to  determine  what 
policy  ought  to  be  pursued  by  any  Administration  in  the 
reorganization  of  civil  government  in  the  seceded  States, 
nor  to  endorse  any  of  the  candidates  for  election  to  the 
office  of  Presidency  of  the  United  States,  nor  to  express 
any  approbation  nor  disapprobation  of  any  of  the  political 
parties  existing  in  these  States,  nor  to  give  any  intimation 
to  ministers  or  church  members  that  they  should  labor  or 
vote  for  the  success  of  one  party  rather  than  another. 

And  further,  because  in  the  case  of  Rev.  Dr.  McPheeters 
the  Assembly,  in  the  judgment  of  this  Synod,  gave  no  sanc 
tion  whatever  to  the  interference  of  the  secular  power  with 
the  spiritual  affairs  of  our  churches ;  neither  did  the  As 
sembly  sanction  the  proscription  of  Christian  ministers 
against  whom  there  is  no  charge  of  heresy  or  scandal,  upon 
the  ground  that  they  entertain,  or  are  supposed  to  enter 
tain,  any  political  opinions  whatever.  Furthermore — 

Whereas  the  paper  as  a  whole  is  calculated  to  make  the 
impression  that  the  Assembly  has  departed  from  the 
principles  of  our  standards  concerning  the  province  of 
the  Church  and  its  courts,  relative  to  civil  affairs,  to  the 
<iu--tion  of  religious  liberty,  and  to  the  prerogatives  of  the 
Christian  ministry,  which  principles  are  alluded  to  in  the 
resolutions  being  proposed  by  the  paper  aforesaid;  there 
fore, 

Resolved,  That  while  we  steadfastly  maintain  the  ac 
knowledged  principles  of  our  standards  referred  to,  in  the 
resolutions  cf  the  paper,  we  see  no  necessity  for  expounding 
or  re-affirming  the  same,  and  that  the  further  consideration 
of  the  whole  subject  be  and  is  hereby  indefinitely  post 
poned. 

MINORITY    REPORT. 

Whereas,  the  preamble  of  the  paper  submitted  by  Mr. 
\  an  Dyke  is  calculated  to  make  tho  impression  that  the 
Assembly  has  departed  from  the  principle  of  our  standards 
touching  the  subjects  hereinafter  mentioned, 

Retalved,  1st.  That  in  the  judgment  of  this  Synod  it  was 
not  the  intention  and  is  not  the  legitimate  effect  of  the 
General  Assembly's  action  on  slavery,  to  determine  what 
policy  ought  to  be  pursued  by  any  Administration  in  tho 
reorganization  of  civil  government  in  the  seceded  States, 
oor  to  endorse  any  of  the  candidates  for  election  to  tho 


office  of  President  of  the  United  States,  nor  to  express  any 
approbation  or  disapprobation  of  any  of  the  political  par 
ties  existing  in  these  States,  nor  to  give  any  intimation  to 
ministers  or  church  members  that  they  should  labor  or  vote 
for  tho  success  of  one  party  rather  than  the  other. 

Resolved,  2d.  That  in  the  case  of  the  Rev.  Dr.  McPheeters, 
the  Assembly,  in  the  judgment  of  this  Synod,  gave  no  sanc 
tion  whatever  to  tho  interference  of  the  secular  power  with 
the  spiritual  affairs  of  our  churches,  neither  did  tho  Assem 
bly  sanction  the  prosecution  of  church  ministers,  against 
whom  there  is  no  charge  of  heresy  or  scandal,  upon  the 
ground  that  they  entertain,  or  are  supposed  to  entertain, 
any  political  opinions  whatever. 

.Resolved,  3d.  That  in  reference  to  tho  subjects  embraced 
in  the  above  resolutions,  this  Synod  believes  and  does  hereby 
solemnly  affirm : 

1st.  That  according  to  the  Word  of  God,  &c.  (Here  fol 
low  the  four  resolutions  submitted  by  Rev.  II.  J.  Van 
Dyke.) 

After  debate,  the  majority  report  was  adopted. 

YEAS— William  D.  Snodgrass,  R.  Bnll,D.  N.  Freeland, 
D.  McAlise,  A.  R.  McCoubrey,  W.  S.  Brown,  S.  II.  Kellogg, 
Samuel  J.  Wilkiii,  James  Van  Keureu,  William  Wardell, 
Hiram  Brink,  II.  Hall,  J.  Lillie,F.  R.  Masters,  G.  T.  Wood- 
hu),  William  Irvin,  I.  C.  Tyson,  J.  H.  Scofield,  II.  W. 
Couplin,  II.  Hoyt,  E.  P.  Benedict,  A.  L.  Linsley,  P.  B.  He. 
roy.  C.  W.  Adams,  H.  W.  Smuller,  C.  W.  Baird,  T.  C.  Perry, 
W.  II.  Hodge,  J.  0.  Eggleston,  E.  Sours,  S.  Lyon,  W.  S.  Van 
Renselaer,  W.  B.  Reeve,  E.  Hopper,  C.  M.  Oakley,  T.  M. 
Gray,  E.  F.  Mundy,  R.  I).  Gardner,  C.  W.  Cooper,  S.  G. 
Law',  R.  Davidson,  il.  N.  Wilson,  S.  Ireland,.;.  P.  Foster, 
J.  M.  Huntting,  J.  E.  Rockwell,  B.  F.  Stead,  P.  D.  Oakey, 
J.  Hancock.  N.  West.  H.  Smith,  J.  S.  Henderson,  W.  L. 
Wood.  C.  Roberts,  A.  Cruikshank,  J.  Duubar,  E.  Beard,  G. 
Spring,  J.  M  Krebs,  J.  K.  Campbell,  J.  Harkness,  C.  K. 
Imbrie,  J.  Thompson,  E.  E.  Rankin,  M.  Rowell,  S.  D.  Al 
exander,  Thomas  J.  Evan,  A.  P.  Botsford,  F.  L.  King,  S. 

F.  Farmer,  A.  D.  L.  Jewett,  A.  S.  Stewart,  C.  C.  Darling,  C. 

G.  Harmen,H.  Day,  W.  H.  Talcott,  J.  Aitken,  E.  C.  Brid"-- 
ninn,  R.  W.  Dickinson,  D.  M.  llalliday,  J.  H.Leggett,C.  A. 
Stoddard,S.  T.  Carter,  A.  R.  Walsh,  J.  P.  Cummings,  W. 
Nelson,  J.  S.  Toimele,  W.  II.  Pearson— 88. 

NAYS— D.  Beattie,  A.  Harlow,  F.T.Williams,  S.  L.  Mershon, 
J.  0.  Hunting,  J.  P.  Knox,  II.  J  Van  Dyke,  J.  C.  Cook,  A. 
McClelland,  G.  0.  Woodhull,  F.  Steins,  W.  A.  Scott,  W.  E. 
Lewis,  D.  C.  Niven,  D.  Demarest— 15. 

EXCUSED  FROM  VOTING — T.  S.  Childs,  J.  Neander.  J.  D. 
Wells,  W.  B.  Lee,  J.  H.  Hopkins,  N.  L.  Rice,  A.  McGlashan, 
G.  Nixon — 8. 

The  following  additional  proceedings  took 
place : 

PROTEST. 

Against  the  action  of  this  Synod  in  indefinitely  post 
poning  the  whole  subject  of  the  action  of  the  last  General  As 
sembly  in  regard  to  the  political  aspects  of  slavery  and  the 
mutual  relations  of  Church  and  State  as  involved  in  the  case 
of  tho  R»v.  Dr.  McPheeters,  the  undersigned  feel  compelled 
to  respectfully  protest,  and  do  so  protest;  because,  first, 
the  characterization  of  the  preamble  of  Mr.  Van  Dyke's 
paper,  passed  by  the  report  containing  the  above  action,  is 
unnecessarily  denunciatory,  unjust,  and  injurious;  and,  sec 
ond,  in  tho  judgment  of  the  protestants,  in  view  of  the 
sufferings  of  some  of  our  churches  and  ministers  from  the 
encroachments  of  civil  or  military  authorities,  or  both, 
upon  the  divine  rights  of  the  Church,  it  is  high  time  for 
this  Synod,  without  engaging  in  any  way  in  the  political 
strifes  of  the  day,  now  to  affirm  and  declare,  I,  that,  <fec., 
&c.,  (the  resolution  of  Mr.  Van  Dyke's  paper.) 

Signed,  A.  McClelland,  D.  C.  Niven,  D.  Beattie,  A.  Har 
low,  John  C.  Cook,  John  P.  Knox,  Henry  J.  Van  Dvke  W. 
B.  Lee,  F.  T.  Williams,  W.  A.  Scott. 

ANSWER. 

In  answer  to  the  above  protest,  the  Synod  deems  it  suffi 
cient  simply  to  record  its  judgment,  that  in  view  of  the 
charges  against  tho  General  Assembly  made  in  the  paper 
proposed  to  us  oy  Mr.  Van  Dyke,  and  now  recorded  in  our 
minutes  and  published  to  the  world,  it  was  our  duty  to 
characterize  them,  as  in  fact  they  are,  a  perversion  and  mis 
representation  of  the  Assembly's  action  in  the  premises: 
and  further,  the  Synod  does  regard  itself  as  having  virtu 
ally  re-affirmed  the  general  principles  referred  to,  although 
the  Synod  did  not  deem  it  proper  or  needful  at  this  time 
formally  to  recite  and  expound  specifically  and  in  the  ab 
stract  those  principles,  in  the  form,  and  manner,  and  cir 
cumstances  proposed  by  Mr.  Van  Dyke. 

OTHER    SYN01HCAL,    AND    PRESBYTERIAL    ACTION. 

In  1861.  the  Synod  of  New  York  and  New 
Jersey,  sitting  at  Newark,  appointed  Rev. 


468 


APPENDIX. 


Messrs.  James  P.  Wilson,  D.  D.,  Wm.  Adams, 
D.  D.,  W.  W.  Newell,  D  D.,  aa-l  Hon.  Wrn.  Pen- 
nington,  and  Hon.  Edw.  A.  Lambert,  Elder,  to 
prepare  a  minute  on  the  condition  of  the  couu 
try,  which  expressed  tfte  wantonness  and  wick 
edness  of  the  rebe  lion  of  the  Southern  States, 
and  the  duty  of  all  Christians  and  all  patriots 
in  the  crisis.  The  report  was  unanimously 
adopted  and  transmitted  to  the  Secretary  of 
Stare,  who  thus  responded  : 

DEPARTMENT  OF  STATE, 
WASHINGTON,  November  27, 1801. 
To  the  Synod  of  New  York  and  New  Jersey: 

REVERKND  GE.VTLCMEX  :  The  miim:o  containing  your 
resolutions  on  the  condition  of  the  country,  which  you 
directed  to  bo  sent  to  nie,  has  been  submitted  to  the  Presi 
dent  of  the  United  States. 

I  am  instructed  to  express  to  you  his  great  satisfaction 
with  those  proceedings,  which  are  distinguished  equally  by 
their  p  itriofic  sentiments  arid  a  purely  Christian  spirit.  It 
is  a  just  tribute  to  our  system  of  government  that  it  has 
enabled  the  American  people  to  enjoy  unmolested  more 
of  the  blessings  of  Divine  Providence  which  affect  the 
material  conditions  of  human  society  than  any  other  people 
ever  enjoyed,  together  with  a  more  absolute  degree  of  re 
ligious  liberty  than,  betbre  the  institution  of  that  Govern 
ment,  had  ever  been  hoped  for  iimontr  men.  The  overthrow 
of  the  Government  might  therefore  justly  be  regarded  as  a 
calamity,  not  only  to  this  nation,  but  a  misfortune  to  man 
kind.  The  President  is  assured  of  the  public  virtue  and  of 
the  public  valor,  but  these  are  unavailing  without  the  favor 
of  God.  The  President  thanks  you  for  your  invocations  of 
that  indispensable  support,  and  he  earnestly  solicits  the 
name  invocations  from  all  classes  and  conditions  of  men. 
Believing  that  those  prayers  will  not  be  denied  by  the  God 
of  our  Fathers,  ho  trusts  and  expects  that  the  result  of  the 
most  unhappy  attempt  at  revolution  will  confirm  and 
strengthen  the  union  of  the  Republic,  and  ultimately  renew 
the  fraternal  affections  among  its  members  so  essential  to  a 
restoration  of  the  public  welfare  and  happiness. 

I  am,  very  sincerely,  your  very  humble  servant, 

WILLIAM  II.  SEWARD. 

SYNOD    OP     MISSOURI,    AND     PRESBYTERY     OF    ST. 
LOUIS. 

This  Synod,  at  its  meeting  in  November, 
1861, 

Resolved,  That  the  action  of  the  General  Assembly  in 
May  last,  in  relation  to  the  political  condition  of  the  coun 
try,  was  unscriptural,  unconstitutional,  unwise, and  unjust; 
and  we  therefore  solemnly  protest  against  it,  and  declare 
it  of  no  binding  force  whatever  on  this  Synod  or  upon  the 
members  of  the  Presbyterian  Church  within  our  bounds. 

But  at  its  meeting  in  the  city  of  St.  Louis, 
October  13,  1864,  this  same  Synod  declared  the 
above  resolution  to  be  rescinded,  and  that  the 
Temporary  Clerk  be  authorized  and  requested,  in 
the  presence  of  Synod,  to  write  across  the  face 
of  said  resolution,  where  the  same  is  recorded 
in  the  minutes,  the  words  :  "  Rescinded  by  or 
der  of  Synod,  October  13,  1864,"  and  sign  his 
name  therrto  as  clerk.  Whereupon  the  Tem 
porary  Clerk  did  as  authorized  and  requested,  in 
the  presence  of  Synod,  and  signed  his  name 
thereto. 

The  St.  Louis  Presbytery,  at  a  recent  session, 
adopted  this  resolution : 

Resolved,  That  the  Presbytery  of  St.  Louis,  acting  from  a 
sense  of  duty  to  the  churches  over  which  we  rule,  hereby 
earnestly  entreat  and  warn  all  members  of  churches  to  ab 
stain  from  all  participation  in  the  present  rebellion,  and 
from  giving  countenance  or  encouragement  thereto  by 
word  or  deed,  as  such  participation  by  word  or  deed  in 
volves  a  sin  against  God,  and  exposes  those  engaged  in  it  to 
the  penalties  of  ecclesiastical  discipline. 

THE  SYNOD  OF    KENTUCKY    OP    1864,  ON    THE    DE 
LIVERANCE  O/  TIIE    GENERAL    ASSEMBLY.  ' 

The  General  Assembly,  at  different  times,  but  especially 
in  the  years  1818  and  1845,  set  forth  the  opinions  and  views 
of  the  Presbyterian  Church  of  the  United  States  on  the 
subject  of  slavery,  By  these  deliverances  this  Synod  was 
willing  and  is  still  willing  to  abide,  and  any  further  or  dif 


ferent  utterance  on  that  subject,  by  the  last  General  As 
sembly,  was,  in  th  ;  judgment  of  this  Syu'-d.  unnecessary, 
unwise,  and  untimely ; — unnecessary,  because  the  former 
deliverances  were  sufficiently  expressive  of  the  views  of  tho 
Church,  and  had  been  acquiesced  in,  with  gn-;-.t  unanimity, 
formany  years;  unwise,  because  the  whole  country  was 
excited  upon  the  subject  of  slavery,  and  the  means  adopt.-'] 
by  the  President  of  the  United  States  for  its  de.struction, 
in  regard  to  which  there  was  great  division  of  sentiment  in 
the  public  mind; — and  the  Assembly  could  not  take  any  Ac 
tion  on  the  subject  without  at  least  seeming  to  cast  its  in 
fluence  with  the  one  or  the  other  political  parties  which 
divided  the  country.  Moreover,  the  minute;  of  the  Assem 
bly  was  peculiarly  liable  to  this  interpretation,  because 
in  the  latter  part  of  it,  some  of  its  expressions  may  be  mis 
understood,  and  others  may  be  taken  in  the  sense  of  a  po 
litical,  if  not  parti/an  statement. 

The  action  of  the  Assembly  was  untimely,  because  times 
of  high  political  excitement  are  not  proper  occasions  for 
ecclesiastical  courts  to  express  opinions  upon  the  topics 
which  constitute  the  party  issues  of  the  day.  The  mission 
of  the  Church  of  Christ  is  spiritual,  and  any  interference 
with  matters  purely  political  is  a  departure  from  her  duty, 
and  without  the  pale  of  her  authority,  as  conferred  upon 
her  by  her  Divine  Head. 

Whilst  expressing  these  views,  the  Synod  deems  it  timely 
again  to  declare,  that  it  adheres  with  unbroken  purpose  to 
the  Presbyterian  Church  of  the  United  States  of  America, 
and  hereby  enjoins  on  all  its  members,  and  upon  all  under 
its  control  and  care,  to  avoid  all  divisive  and  schismatical 
courses,  to  cultivate  the  peace  of  the  Church,  and  to  prac 
tice  great  mutual  forbearance. 

GENERAL      ASSEMBLY      OF      1861,    (NEW    SCHOOL.) 

May  16 — The  body  met  at  Syracuse,  New 
York. 

May  20 — The  report  of  the  Committee  on  the 
State  of  the  Country— Henry  Kendall,  D.  D., 
Asa  D.  Smith,  D.  D.,  John  Jenkins,  D.  D.,  Sam 
uel  M.  Blatchford,  and  J.  Melleu  Smith — was 
adopted,  as  follows  : 

Whereas  a  portion  of  the  people  of  the  United  States  o* 
America  have  risen  up  against  the  rightful  authority  of  the 
Government ;  have  instituted  what  they  call  the  "  Confed 
erate  States  of  America,  "  in  the  name  and  de'ence  of  which 
they  have  made  war  againstthe  United  States  ;  have  seized 
the  property  of  the  Federal  Government:  have  assailed 
ciud  overpowered  its  troops  in  tho  discharge  of  their  duty  -, 
and  are  now  in  armed  rebellion  against  it:  the  General  As 
sembly  of  the  Presbyterian  Church  of  the  United  States  of 
America  cannot  forbear  to  express  their  amazement  at  ihe 
wickedness  of  such  proceedings,  and  at  the  bold  advocacy 
and  defence  thereof,  not  only  in  those  States  in  which  ordi 
nances  of  "  secession"  have  been  passed,  but  in  several 
others  ;  and  whereas  the  General  Assembly— in  the  language 
of  the  Synod  of  New  York  and  Philadelphia,  on  the  occasion 
of  the  revolutionary  war—"  being  met  at  a  time  when  public 
affiiirs  wore  so  threatening  an  aspect,  and  when  (unless 
God  in  His  own  sovereign  providence  speedily  prevent  it) 
all  the  horrors  of  civil  war  are  to  be  apprehended,  are  of 
opinion  that  they  cannot  discharge  their  duty  to  the  nu 
merous  congregations  under  their  care  without  addressiag 
them  at  this  important  crisis :  and  as  a  firm  belief  and 
habitual  rccol  ectlon  of  the  power  and  presence  of  the  liv 
ing  Cod  ought  at  all  times  to  possess  the  minds  o!'  real 
Christians,  so  in  seasons  of  public  calamity,  when  the  Lord 
is  known  by  the  judgments  which  He  executeth,  it  would 
be  an  ignorance  or  indifference  highly  criminal  not  to  look 
up  to  Him  with  reverence,  to  implore  His  mercy  by  humble 
and  fervent  prayer,  and,  if  possible,  to  prevent  His  ven 
geance  by  unfeigned  repentance  ;"  therefore, 

1.  Resolved,  That  inasmuch  as   the  Presbyterian  Church, 
in  her  past  history,  has  frequently  lifted  up  her  voice  againt 
oppression,  has  shown  herself  a  champion  of  constitutional 
liberty  ;is  against  both  despotism  and  anarchy,  throughout 
tho  civilized  world,  we  should  be  recreant  to  our  high  trust 
were  we  to  withhold  our  earnest  protest  against  all  such 
unlawful  and  treasonable  acts. 

2.  Resolved,  That  this  assembly  and  the  churches  which 
it  represents  cherish  an  undiminished  attachment  to  tho 
great  principles  of  civil  and  religious  freedom  on  which  our 
national  Government  is  based,  under  the  influence  of  which 
our  fathers  prayed  and  fought  and  bled  :  which  issued  in 
the  establishment  of  our  independence,  and  by  the  preser 
vation  of  which  we  believe  that  the  common  interests  of 
evangelical  religion  and  civil  liberty  will  be  most  effectually 
sustained. 

3.  Resolved,  That  inasmuch  as  we  believe,  according  to 
owe  form  of  government,  that  "  God,  the  Supreme  Lord  and 
King  of  all  the  world,  hath  ordained  civil  magistrates  to  be 


APPENDIX. 


469 


umler  him  over  the  people  for  bis  own  glory  and  the  pnhli 
good,  and  to  this  end  hath  armed  them  with  the  powe 
of  the  sword  for  tho  defence  and  encouragement  of  then 
that  are  good  and  for  tho  punishment  of  evil-doers,"  then 
ia,  in  the  judgment  of  the  Assembly,  no  blood  or  treasure  toe 
jjrejioius  t  >  l>e  devoted  to  the  defence  and  perpetuity  of  th< 
Government  in  al!  its  constitutional  authority. 

4.  Unsolved,  That  all  those  \vho  are  endeavoring  to  up 
hold  the  Constitution  ai'd  maintain  tho  Government  of  these 
United  (States  in  the  exercise  of  its  lawful  prerogatives  are 
entitled  to  the  sympathy  and  supp  >rt  of  all  Christian  anc 
lav-abiding  citizens. 

5.  Resolved,  That  it  be  recommended  to  all  our  pastors 
ami  churches  to  be  instant  and  fervent  in  prayer  for  th 
President  of  the  United  State.-  and  all  in  authority  under  him 
that  wisdom  and  strength  may  be  given  them  in  tho  dis 
charge  of  their  arduous  duties;  for  the  Congress  of  the  Unired 
Stute.s:  for  tho  lieutenant-general  commanding  the  army- 
in    hief.  and  all  our  soldiers,  that  God  may  shield  them  from 
danger  iu  the  hour  of  peril,  and  by  the  outpouring  of  the 
II  ly  Spirit  upon  the  army  and  navy,  renew  and  sanctify 
them,  so  i hat,  whether  living  or  dying,  they  may  be  the 
servants  of  the  Most  High. 

0.  ]?es';lrrd.  That  in  the  countenance  which  many  minis 
ters  of  the  gospel  and  other  professing  Christians  aro  now 
giving  to  treason  and  rebellion  against  the  Government  wo 
have  great  occasion  to  mourn  for  the  injury  thus  done  to 
the  kingdom  of  tho  Redeemer:  and  that  though  we  have 
nothing  to  add  to  oiir  former  significant  and  explicit  testi- 
monk's*  on  tho  subject  of  slavery,  we  yot  recommend  our 
people  to  pray  more  fervently  than  ever  f.n*  tho  removal  of 
this,  viu  and  all  others,  both  social  and  political,  which 
lie  at  the  foundation  of  our  present  national  difficulties. 

7.  Jt:'snlwd,  That  a  copy  of  these  resolutions,  signed  by 
the  oilicers  of  the  General  Assembly,  be  forwarded  to  his 
Excellency  Abraham  Lincoln,  President  of  tho  United 
States. 

GENERAL  ASSEMBLY  OF   1862,    (NEW  SCHOOL.) 

May  15 — The  body  met  at  Cincinnati. 
May  22 — The  report  of  the  Committee  on  the 
State  of  the  Country — Nathan  8.  S.  Beman,  D. 
D.,  LL.  D  ,  Rev.  William  Aikm-m,  Rev.  Horace 
Rood,  and  Mr.  J.  Culbertson  Reynolds — was 
adopted,  as  follows  : 

Whereas  this  General  Assembly  is  called,  in  the  provi 
dence  of  God,  to  hold  its  deliberation?  at  a  time  when  a 
wicked  and  I  earful  rebellion  is  threatemni!  to  destroy  tho 
fa;i'  1'abric  of  our  Government,  to  lay  waste  our  beloved 
CD.ntry,  and  to  blight  and  ruin,  so  far  as  the  present  life  is 
conc'-nicd,  ail  that  is  most  dear  to  us -as  Christians  ;  and 
wiiereas,  as  a  branch  of  the  Christian  Church,  (PRESBYTE 
RIAN")  huve  ever  been  found  loyal  and  tho  friends  of  good 
order,  believing,  as  they  uo,  that  civil  government  is  "  or 
dained  of  Go-!,"  that  "the  magistrate  is  tho  minister  of 
God  lor  good,"  that  "ho  beareth  not  the  sword  in  vain," 
and  they  aro  therefore  "subject"  to  this  ordinance  of  God, 
"not  only  for  wrath,'' or  under  tho  influence  of  fear,  but 
al?o  "  Cor  conscience'  sake,"  or  under  tho  influence  of  moral 
and  Christian  principle ;  and,  whereas  the  particular 
Ontirch,  whoso  representatives  we  are,  and  in  whose  be 
half  wo  are  now  and  here  called  to  act,  havo  inscribed 
up  n  our  banner,  «  THE  CONSTITUTIONAL  PRESBYTERIAN 
Cuuitcn  " — having  never  favored  sec;-ssion,  or  nullification, 
either  in  Church  or  8 tat ,  deem  it  quite  becoming  and 
proper  in  us  to  express  ourselves,  with  groat  Christian  sin 
cerity  and  frankness,  on  those  matters  which  now  agitate 
our  country ;  therefore, 

Revolved,  1.  That  we  deem  the  Government  of  these 
United  States  the  most  benign  that  has  ever  blessed  our 
imperfect  wond  ;  and,  should  it  be  destroyed  after  its  brief 
career  o!  good,  another  s-ich  in  tho  ordinary  course  of  hu- 
naan  events,  can  hardly  be  anticipated  for  a  long  time  to 
come;  and  for  these  reasons  we  revere  and  love  it  as  one 
of  (Lie  great  sources  of  hope,  under  God,  for  a  lost  world  ; 
and  it  i?,  doubly  dear  to  our  hearts  because  it  was  procured 
and  established  by  the  toil,  and  sacrifices,  and  blood  of  our 
fat  tiers. 

Resolved,  2.  That  rebellion  against  such  a  Government  as 
OUI-H,  and  especially  by  those  who  have  ever  enjoytd  their 
full  share  of  its  protection,  honor,  and  rich  blessings  of 
every  name,  can  have  no  excuse  or  palliation,  and  can  bo 
inspired  by  no  other  motives  than  those  of  ambition  and 
avarice,  and  can  find  no  parallel,  except  in  the  first  two 
great  rebellions— that  which  assailed  the  throne  ol  heaven 
directly,  and  that  which  peopled  our  world  with  miserable 
apostates. 

Resolved,  3.  That  whatever  diversity  of  sentiment  may 
«rt;s?t  among  «'S  respecting  international  wars,  or  an  appeal 
to  the  >  word  for  the  settlement  or  points  of  honor  or  inter 
est  botwoen  independent  nations,  we  are  all  of  one  mind 


on  the  subject  of  rebellion,  and  especially  again?t  the  best 
Government  which  God  has  yot  given  to  the  world  ;  thut 
our  vast  army  now  in  the  field  is  to  be  looked  upon  as  one 
great  police  force,  organized  to  carry  into  efivctthc  Consti 
tution  and  laws  which  the  insurgents,  in  common  with  other 
citizens,  havo  ordained  by  thoir  own  vo'imtary  acts,  aud 
which  they  are  bound  by  honor,  and  oath,  and  conscience, 
ta  respect  and  obey ;  so  that  the  strictest  advocates  of  peace 
may  bear  an  active  part  iu  this  deadly  struggle  for  the  lii'e 
oi  tho  Government. 

Resolved,  4.  That  while  we  have  been  utterly  shocked  at  the 
deep  depravity  of'  the  men  who  have  p!a  :i:ed  and  matured 
this  rebellion,  and  who  aro  now  clad  in  arms,  manifested 
in  words  and  deeds,  there  is  another  class  found  in  the 
loyal  States  who  have  excited  a  still  deeper  loathing— some 
i:i  Congress,  somo  high  in  civil  life,  and  some  in  the  ordi 
nary  walks  of  business — who  never  utter  a  manlv  thought 
or  opinion  in  favor  of  the  Government  but  tiiey  "follow  it, 
by  way  of  comment,  with  two  or  three  smooth  apologies  for 
Southern  insurrectionists;  presenting  the  difference  between 
an  open,  aud  avowed  enemy  in  the  field,  and  a  secret  aud  in- 
s;dio;-.s  loo  in  the  bosom  of  out-  own  family. 
Resolved,  5.  That,  iu  our  opinion,  this  whole  insnrrection- 
y  movement  can  be  traced  to  one  primordial  root,  and  to 
10  i.iiiy — AFRICAN  SLAVERY,  and  the  love  of  it,  and  a  deter 
mination  to  make  it  perpetual;  and, while  wo  look  upon  this 
war  as  having  one  grand  end  in  view — the  restoration  of 
the  Union— by  crushing  out  the  last  living  and  manifested 
fibre  of  rebellion,  we  hold  that  everything — the  institution 
>f  slavery,  if  need  bo- must  be  made  to  bend  to  this  one 
jreat  purp  se  :  and,  while  under  the  influence  of  humanity 
aid  Christian  benevolence,  we  may  commiserate  tho  con 
dition  of  tho  ruined  rebels  once  in  fraternity  with  ourselves, 
but  now — should  the  case  occur — despoiled  of  ail  that  makes 
he  world  dear  to  them,  we  must  be  at  the  same  time  con 
strained  to  feel  that  tho  retribution  has  been  self-inflicted, 
•ud  must  add,  "  Ftotjitsftlia  ruat  ctzlum." 

Resolved,  6.  That  we  have  great  confidence  in  ABRAHAM 
LINCOLN,  President  of  the  United  States,  and  in  his  Cabinet, 
ind  in  the  commanders  of  our  armies  and  our  navy,  and 
he  valiant  men  of  this  Republic  prosecuting  a  holy  war- 
arc  under  their  banners;  and,  while  we  bless  God  that  He 
las  stood  by  them,  and  cheered  them  on  in  what  wo  trust 
will  ever  stand  as  tho  darkest  days  of  our  country's  huniil- 
ation,  aud  crowned  them  with  many  signal  victories,  and 
cnowing  that  ultimata  success  is  with  God  alone,  wo  will 
)ver  pray  that  the  last  sad  note  of  anarchy  aud  misrule 
nay  soou  die  away,  and  the  OLD  FLAG  OF  OUR  COUNTRY,  radi 
ant  with  stripes  and  brilliant  with  stars,  may  again  wave 
»vcr  a  groat,  and  undivided,  and  happy  poop  e. 
Resolved,  7.  That  we  here,  in  deep  humiliation  for  our 
ins  and  the  sins  of  the  nation,  and  in  heartfelt  devotion, 
ay  ourselves,  with  all  that  we  are  and  have,  on  the  altar 
f  God  and  our  country;  and  we  hesitate  not  to  pledge  the 
hurches  and  Christian  people  under  our  care,  as  ready  to 
oiu  with  us  in  the  sani"  fervent  sympathies  and  united 
irayers,  that  our  rulers  in  the  Cabinet  and  our  commaml- 
rs  in  the  field  and  on  tho  waters,  and  the  brave  men  under 
ieir  leadership,  may  take  courage  under  tho  assurance 
lat  '' THE  PRESBYTERIAN  CHURCH  IN  THE  UNITED  STATES  OF 
LM ERICA  "  are  with  them  iu  heart  and  hand,  in  life  and 
(Tort,  in  this  fearful  exciting  confl;cf. 

Resolved,  finally,  That  a  copy  ol  these  resolutions,  signed 
y  the  officers  Of  the  General  Assembly,  be  forwarded  to 
is  Excellency,  ABRAHAM  LINCOLN,  President  of  tho  United 
tates,  accompanied  by  the  following  respectful  letter: 

To  THE  PRESIDENT  OF  THE  UNITED  STATES  : 

The  General  Assembly  of  the  Presbyterian  Church,  hold 
ing  its  annual  session  in  the  city  of  Cincinnati,  Ohio,  m 
transmitting  the  accompanying  resolutions,  beg  leave  most 
respectfully  to  express  to  your  Excellency,  in  a  more  per 
sonal  manner  the  sentiments  of  our  church  in  reference  to 
yourself  aud  the  great  issues  with  which  you  are  called  to 
deal. 

It  is  with  no  desire  to  bring  a  tribute  of  flattery,  when 
we  assure  you,  honored  sir,  of  the  affection  and  the  confi 
dence  of  our  church.  Since  the  day  of  your  inauguration, 
the  thousands  of  our  membership  have  followed  you  with 
unceasing  prayer,  besieging  the  throne  of  Heaven  in  your 
behalf.  In  our  great  church  courts,  in  our  lesser  judicato- 
ries,  in  our  weekly  assemblages  in  the  house  of  God,  at  our 
family  altars,  in  tho  inner  place  of  prayer,  you  have  been 
the  burden  of  our  hourly  petitioning. 

When  we  look  at  the  history  of  your  administration 
hitherto,  aud  at  the  wonderful  way  in  which  this  people 
have  been  led  under  your  guidance,  we  glorify  God  in  you. 
We  give  praise,  not  to  man,  but  to  God.  In  your  firmness, 
your  integrity,  challenging  the  admiration  of  even  our  ene 
mies,  your  moderation,  your  wisdom,  the  timeliness  of  your 
acts  exhibited  at  critical  junctures,  your  paternal  words 
so  eminently  fitting  the  chosen  head  of  a  groat  people,  we 
recognize  the  hand  aud  the  power  of  God  ;  we  devoutly  and 


470 


APPENDIX. 


humbly  accept  it  as  from  Him,  an  answer  to  the  innumera 
ble  prayers  which  have  gone  up  from  our  hearts. 

We  desire,  us  a  Church,  to  express  to  you  our  revert  nc,-, 
our  lovo,our  deep  sympathy  with  you  in  thy  greatness  of 
your  trust,  and  in  the  depth  of  your  personal  bereave 
ments  ;  and  to  pledge  you,  as  in  the  past,  so  in  all  the  fu- 
t  ire,  our  perpetual  remembrance  of  you  before  Qod,  and 
all  tho  support  that  loyal  hearts  can  offor. 

We  have  given  o:ir  sons  to  the  army  and  navy  ;  some  of 
our  ministers  and  many  of  our  church-members  nave  died 
in  hos;iitil  an. I  field;  wo  are  glad  that  we  gave  them,  a:id 
we  exult  in  that  they  were  true,  even  to  death.  We  gladly 
pledge  as  many  more  as  the  cause  of  our  country  may  de- 
m.md. 

We  believe  that  there  is  but  one  path  before  this  people  : 
tais  gigantic  and  inexpressibly  wicke.l  rebellion  must  bo  de 
stroyed;  the  interests  of  humanity,  the  cause  of  God  and  his 
church,  demand  it  at  our  hands.  May  God  give  to  you  his 
groat  support,  preserve  yon,  impart  to  you  more  than 
human  wisdom,  and  permit  you,  ere  long,  to  rejoice  in  the 
deliverance  of  our  beloved  country  in  its  peace  and  unity. 

REPLY    OF    THE    PRESIDENT. 
DEPARTMENT  OP  STATE,  WASHINGTON,  June  9,  1862. 


the  Government  in  this  crisis  of  our  national  existence  ; 
and 

Whereas  unequivocal  and  decided  as  has  been  our  testi 
mony  on  all  previous  occasions,  and  true  and  devoted  as  ha* 
been  the  loyalty  of  our  minister*,  elders  and  p  -ople,  this 
General  Assembly  deems  it  a  duty  to  the  church  and  the 
country,  to  utter  its  deliberate  judgment  on  the  snmo  gen 
eral  subject;  therefore, 

Resolved,  1.  That  this  General  Assembly  solemnly  re 
affirms  th(3  principles  and  repeats  the  declarations  of  pre 
vious  General  Assemblies  of  our  church,  so  far  as  appli'-aMe 
to  this  subject,  and  to  the  present  aspect  of  public  affairs. 

2.  That  in  explanation  of  our  views,  a-id  as  a  further  :ind 
solemn  expression  of  the  sentiments  of  the  Gencivl  A*sem- 
bly  of  the  Presbyterian  church  in  the  United  States  ,>( 
America,  in  regard  to  the  duty  of  those  whom  we  represent, 
and  of  all  the  American  people  at  the  present  time,  we  now 
declare, 

First,  That  civil  government  is  ordained  of  God;  and  that 
submission  to  a  lawful  government,  and  to  its  acts  in  its 
proper  sphere,  is  a  duty  binding  on  the  conscience,  and  re 
quired  by  all  the  principles  of  our  religion,  as  a  part  oi  our 
allegiance  to  Cod. 

Sf,cnnd,  That  while  there  is,  in  certain  respects,  a  ground 
of  distinction  between  a  Government,  considered  as  referring 


REVEREND  GENTLEMEN  :  I  have  had  the  honor  of  receiving    to  tno  Constitution  of  a  country,  and  an  Admin:  s' rat.  inn. 


your  address  to  the  President  of  the  United  States,  and  the 
proceedings  of  your  venerable  body  on  the  subject  of  the 
existing  insurrection,  by  which  that  address  was  accom 
panied. 

Those  papers  have  boon  submitted  to  the  President.  I 
am  instructed  to  convey  to  you  his  most  profound  and 
grateful  acknowledgements  for  the  fervent  assurances  of 
support  and  sympathy  which  they  contain.  For  many 
years  hereafter,  one  of  th  >  greatest  subjects  of  felicitation 
ftmon^  good  men  will  be  the  signal  success  of  tho  Govern 
ment  of  the  United  States  in  preserving  our  Federal  Union, 


considered  as  referring  to  the  existing  agencies  through 
which  tin1  principles  and  provisions  of  the  Constitution  »:r-» 
administered  ;  yet  the  government  of  a  country,  to  whi«  !i 
direct  allegiance  and  loyalty  are  due  at  any  time,  is  the 
administration  duly  placed  in  power.  Such  an  administra 
tion  is  the  government  of  a  nation:  having  aright  to  execute 
the  laws,  and  to  demand  the  entire,  unqualified,  and  prompt 
obedience  of  all  who  are  under  its  authority  ;  and  resist  an. :e 
to  such  a  government  is  rebellion  and  treason. 

Third,  That   the   present  administration  of  the   United 
States,  duly  elected  under  the  Constitution,  is  the  govern- 


which  is  the  ark  of  civil  and  religious  liberty  on  this  cpnti-  :  ment  in  tho  land,  to  which  alone,  under  (.od.all  the  citizens 


nent  and  throughout  the  world.     All  the  events  of  our 


all  that  shall  happen  after  it,  will  be  deemed  unimportant 


of  this  nation  owe  allegiance;  who,  as  such,  are  to  be 


generation  which  preceded  this  attempt  at  revolution,  and    ored  and  obeyed ;  whose  efforts  to  defend  the  government 


against  rebellion  are  to  be  sustained  ;  and  that  all  attempts 


ill  consideration  of  that  one  indispensable  and  invaluable  J  to  resist,  or  set  aside,  the  action  of  the  lawfully-constituted 
achievement.  The  rncn  of  our  generation  whose  memory  ;  Authorities  of  the  government,  in  any  way,  by  speech  or 
will  be  longest  and  the  most  honored  will  bo  thay  who  action,  to  oppose,  or  embarrass,  the  measures  which  it  may 
thought  the  most  earnestly,  prayed  the  most  fervently,  •  adopt  to  assert  its  lawful  authority,  except  in  accordance 
hoped  tho  most  confidently,  fought  the  most  heroically,  and  j  wjt,u  the  forms  prescribed  by  the  Constitution,  arc  to  be 
suffered  the  most  patiently  in  the  sacred  cause  of  freedom  !  regarded  as  treason  against  the  nation,  as  giving  aid  and 
and  humanity.  The  record  of  the  action  of  the  Presby-  j  comfort  to  its  enemies,  and  as  rebellion  against  G«d. 
terian  Church  seems  to  the  President  worthy  of  its  tra-  j  Fourth,  That,  in  the  execution  of  the  laws,  it  is  the  reli- 


ditions  and  its  aspirations  as  an  important  branch  of  the 
Church  founded  by  the  Saviour  of  men. 
Commending  our  yet  distracted  country  to  the  inter- 


gious  duty  of  all  good  citizens,  promptly  and  cheerfully  to- 
sustain  tlie  Government  by  every  means  in  their  power  ;  to 
stand  by  it  in  its  peril;  and  to  afford  all  needful  aid  in  sup 


position  and  guardian  care  of  the  Ruler  and  Judge  of  Na-    pressing  insurrection  and  rebellion,  and  restoring  obedience 


tions.  the  President  will  persevere  steadily  and  hopefully  in 
the  great  work  committed  to  his  hands,  relying  upon  tho 
virtue  and  intelligence  of  the  people  of  tho  United  States, 
and  tho  candor  and  benevolence  of  all  good  men. 

I  hav"  the  honor  to  be,  reverend  gentlemen,  your  very 
obedient  servant,  WILLIAM  II.  SEWARD. 

To  GEORGE  DUFFIELD,  D.  D.,  Moderator;  and  EDWIN  F.  HAT- 
FIELD,  Stated  Clerk. 

GENUAL  ASSEMBLY  OF   18G3,  (NEW  SCHOOL.) 

May  21 — The  body  met  in  Philadelphia. 

May  27 — The  report  of  the  Committee  oa  the 
State  of  the  Country — Rev.  Albert  Barnes, 
Thomas  II.  Skinner,  D.  D.,  LL.  D.,  Samuel  T. 
Speir,  D.  D.,  Hon.  Otis  Allen,  and  Walter  S. 
Griffi  h — was  adopted,  as  follows  : 

Whereas  a  rebellion,  most  unjust  and  causeless  in  its 
origin,  and  unholy  in  its  objects,  now  exists  in  this  country, 
against  the  Government  established  by  the  wisdom  and 
sacrifices  of  our  fathers,  rendering  necessary  the  employment 
of  the  armed  forces  of  tho  nation  to  suppress  it,  and 
involving  the  land  in  the  horrors  of  civil  war;  and 

Whereas  tho  distinctl.v-a vowed  purpose  of  tho  leaders  of 
this  rebellion  is  tho  dissolution  of  our  national  Union,  the 
dismemberment  of  the  country,  and  tho  establishment  of  a 
uew  Confederacy  within  the  present  territorial  limits  of 
the  United  Suites,  based  on  the  system  of  human  slavery  as 
its  chief  corner-stone;  and 

Whereas  from  the  relation  of  tho  General  Assembly  to 
the  chin,  lies  which  they  represent,  and  as  citizens  of  tho 


to  lawful  authority  in  every  part  of  the  land. 

3.  That,  much  as  we  lament  the  evils,  the  sorrows,  the 
sufferings,  the  desolations,  tin  sad  moral  influences  of  war, 
and  its  effect  on  the  religion  and  churches  of  the  laud ;  much 
as  we  have  suffered  in  our  most  tender  relations;  yet  the 
war,  in  our  view,  is  to  be  prosecuted  with  all  the  v:gor  and 
power  of  the  nation,  until  peace  shall  be  the  result  of  vic 
tory,  until  rebellion  is  completely  subdued,  until  the  legiti 
mate  power  and  authority  of  the  Government  is  fully  re 
established  over  every  part  of  our  territorial  domain,  and 
until  the  flag  of  the  nation  shall  wave  as  the  emblem  uf  its 
undisputed  sovereignty;  and  that,  to  the  prosecution  and 
attainment  of  this  object,  all  the  resources  of  the  nation  in 
men  and  wealth  .should  be  solemnly  pledged. 

4.  That  the  Government  of  these  United  States,  as  pro 
vided  for  by  the  Constitution,  is  not  only  founded  upon  the 
great  doctrine  of  human  rights,  as  vested  by  God  in  the 
individual  man,  but  is  also  expressly  declared  to  be  the 
supreme  civil  authority  in  the  land,  forever  excluding  tho 
modern  doctrine  of  secession  as  a  civil  or  political  right; 
that,  since  the  existing  rebellion  linds  no  justification  in 
tho  facts  of  the  case,   or  the  Constitution  of  the   United 
States,  in  any  law  human  or  divine,  tho  Assembly  can  regard 
it  only  as  treason  against  the  nation,  and  a  most  offensive 
sin  in  the  sight  of  God,  justly  exposing  its  authors  to  the 
retributive   vengeance   of   earth   and   Heaven;    that   this 
rebellion,  in  its  origin,  history,  and  measures,  had  been  dis 
tinguished  by  those  qualities  which  most  sadly  evince  the 
depravity  of  our  nature,  especially  in  seeking  to  establish  a 
new  nationality  on  this  continent,  based  on  the  perpetual 
enslavement  and  oppression  of  a  weak  and  long-injured 
race;    that  tho  National  forces  are,  in  the  view  of   the 
Assembly,  called    mt,  not  to  urge  war  against  another 


Ropublic.  and  in  accordance  with  th  •  uniform  action  of  our  Government,  but  to  suppress  insurrection,  preserve  the 
churchin  times  of  groat  national  peril,  it  is  eminently  proper  !  supremacy  of  law  and  order,  and  save  the  country  from 
that  this  General  Assembly  should  give  expression  to  its  anarchy  and  mi 


view,;,  in  a.  matter  so  vitally  affecting  the  interests  of  good 
government,  liberty,  and  religion;  and 

Whereas  on  two  previous  occasions,  since  tho  war  com 
menced,  the  General  Assembly  has  declared  its  sentiments 
in  regard  to  this  rebellion,  and  its  determination  to  sustain 


5.  That,  in  such  a  contest,  with  such  principles  and 
interests  at  stake,  not  only  affecting  the  peace,  prosperity, 
and  happiness  of  this  our  beloved  country  for  all  ftitmx- 
tirue,  but  involving  tho  cause  of  human  liberty  throughout 
the  world,  loyalty,  unreserved  and  unconditional,  to  tiio 


APPENDIX. 


471 


constitutionally-elected  Government  of  the  United  States, 
nut  as  the  tran-icut  passion  of  the  hour,  but  as  the  intelli 
gent  and  permaneL't  state  of  the  public  conscience,  rising 
above-all  questions  of  party  po'itics,  rebuking  and  opposing 
the  foul  spirit  of  treason,  whenever  and  in  whatever  form 
exhibited,  speaking  earnest  words  of  truth  and  soberness 
alike  through  the  pulpit,  the  pr<>ss,  and  in  all  the  walks  of 
domestic  and  social  lifo,  making  devout  supplications  to 
God,  and  giving  the  most  cordial  support  to  those  who  are 
providentially  intrusted  with  the  enactment  and  execution 
of  the  laws,  is  not  only  a  sacrod  Christian  obligation,  but  is 
indispensable,  if  \ve  would  save  the  nation,  and  perpetuate 
tho  glorious  inheritance  that  we  possess,  to  future  genera 
tions. 

6.  That  the  system  of  human  bondage,  as  existing  in  the 
slaveholding  States,  so  palpably  the  root  and  cause  of  this 
whole  insurrectionary  movement,  not  only  is  a  violation  of 
tht  dearest  rights  of  human  nature,  but  is  essentially  hostile 
to  Hit;  letter  and  spirit  of  the  Christian  religion;  that  the 
evil  character  and  demoralizing  tendencies  of  this  system,  so 
properly  described,  and  justly  condemned,  by  the  General 
Assemblies  of   our  Church,   especially  from   1818   to  the 
present  time,  haye  been  placed  in  the  broad  light  of  day  by 
the  history  of  this  existing  rebellion;  that, in  the  sacrifices 
and   desolations,   the   cost   of   treasure   and   blood  caused 
thereby,  the  Assembly  recognizes  the  chastening  hand  of 
God,  applied  to  the  punishment  of  national  sins,  especially 
the.  ^in  of  slavery  ;  that,  in   the  Proclamation  of  Emanci 
pation  issued  by  the  President  as  a  war-measure,  and  sub- 
ruitted  by  him  to  the  considerate  judment  of  mankind,  the 
Assembly  recognizes  with  devout  gratitude  that  wonder- 
v;orking  providence  of  God,  by  which  military  necessities 
became  the  instruments  of  justice,  in  breaking  the  yoke  of 
oppression,  and   causing  the  oppressed   to   go  free:   and 
funtiei.  that  the  Assembly  beseeches  Almighty  God  in  His 
own  time  to  remove  the  last  vestiges  of  slavery  from  this 
country,  and  give  to  the  nation,  preserved,  disciplined,  and 
imrified.il  peace  that  shall  be  based  on  the  principles  of 
eternal  righteousness. 

7.  That  this  General  Assembly  commends  the  President 
of  the  United  States,  and  the  members  of  his  Cabinet,  to  i 
the  care  and  guidance  of  the  Great  Ruler  of  Nations,  pray- 
in;.;  that  they  may  have  that  wisdom  which  is  profitable  to 
direct ;  and,  also,  that  the  patriotism  and  moral  sense  of  the 
people  may  give  to  them  all  that  support  and  co-operation, 
which  the  exigencies  of  their  position  and  the  perils  of  the 
nution  so  urgently  demand. 

8.  That,  in  the  ardor  with  which  so  many  members  of  our 
Churches,  and  of  the  churches  of  all  the  religious  denomi 
nations  of  our  land,  have  gone  forth  to  the  defence  of  our 
country,  placing  themselves  upon  her  altars  in  this  struggle 
for  national  life,  we  see  an  illustration,  not  only  of  the  prin 
ciple  of  pat-iotism,  but  of  the  principles  of  our  holy  reli 
gion  ;  that,  in  the  readiness  with  which  such  vast  numbers 
have,  at  the  call  of  their  country,  devoted  themselves  to 
its  service,  we  see  a  demonstration,  which  promises  secu 
rity  to  our  institutions  in  all  times  of  future  danger;  that 
we  tender  the  expression  of  our  admiration  and  hearty 
thanks  to  all  the  officers  and  men  of  our  Army  and  Navy  ; 
that  those  who  have  nobly  fallen,  and  those  who  survive, 
have  secured  an  imperishable  monument  in  the  hearts  of 
their  countrymen  ;    and  that  this  Assembly  regards  all 
efforts  for  the  physical  comfort,  or  spiritual  good,  of  our 
heroic  defenders,  as  among  the  sweetest  charities,  which 
gratitude  can  impose,  or  grateful  hearts  can  minister. 

9.  That  tins  General  Assembly  exhorts  all  the  churches 
and  ministers  connected  with  this  branch  of  the  Presby 
terian  church,  and  all  our  countrymen,  to  stand  by  their 
country;  to  pray  for  it;  to  discountenance  all  forms  of 
complicity  with  treason;  to  sustain  those  who  are  placed 
in  civil  or  military  authority  over  them;  and  to  adopt  every 
means,  and  at  any  cost  which  si?  enlightened,  self-sacrificing 
patriotism  may  ^u^gest,  as  appropriate  to  the  wants  of  the 
hour:  oavtng'oo  this  subject  one  heart  and  one  mind; 
waiting  hopefully   on   Providence;  patient  amid   delays; 
undaunted  by  reverses;  persistent  and  untiring  in  effort, 
unti>,  by  the  blessing  of  God,  the  glorious  motto,   "  ONE 
COUNTRY  ,  ONE  CONSTITUTION,  AXK  ONE  DESTINY,"  shall  be 
enthroned,  as  the  sublime  fact  of  the  present,  and  the  more 
sublime  harbinger  of  the  future. 

10.  That  the  General  Assembly  tenders  its  affectionate 
condolence  and  heartfelt  sympathy,  to  the  bereaved  families 
of  all  the  heroic  men  who  have  fallen  in  this  contest  for 
national  life;  and  especially  to  tiie  families  of  the  ollicers 
and  members  of  our  churches,  who  have  poured  out  their 
lives  on  the  altar  of  their  country,  with  the  assurance  that 
I'.cy  wiil  not  be  forgotten,  in  their  bereavement,  by  us,  or 
by  a  grateful  people. 

11  That  a  copy  of  this  action,  duly  authenticated,  be 
transmitted  to  the  President  of  the  United  States,  by  the 
liamls  of  those  members  of  the  Assembly,  who  are  about 
to  visit  Washington  city;  and  that  this  paper  be  read  in  all 
our  pulpits. 


REPLY   OP    THE    PRESIDENT. 

Upon  the  adjournment  of  the  Assembly, 
about  sixty-five  of  the  members  proceeded  to* 
Washington  city,  and  presented  the  resolutions 
to  the  PRESIDENT,  to  whom  they  were  intro 
duced  by  John  G.  Smith,  D.  D.,  of  that  city. 
The  Chairman,  John  A.  Foote,  of  Cleveland, 
Ohio,  read  the  resolution,  when  the  PRESIDENT 
responded  : 

It  has  been  my  happiness  to  receive  testimonies  of  a  sim 
ilar  nature,  from  I  believe,  all  denominations  of  Christians. 
They  are  all  lojal,  but  perhaps  not  in  the  same  dogree,  or 
in  the  same  numbers;  but  I  think  they  all  claim  to  bo  loyal. 
This  to  me  is  most  gratifying,  because  from  the  beginning 
I  saw  that  the  issues  of  our  great  struggle  depended  on  the 
Divine  interposition  and  lavor.  If  we  had  that,  all  would 
be  well.  The  proportions  of  this  rebellion  wore  not  for  a 
long  time  understood.  I  saw  that  it  involved  the  greatest 
difficulties,  and  would  call  forth  all  the  powers  of  the  whole 
country.  The  end  is  not  yet. 

The  point  made  in  your  paper  is  well  taken  as  to  "  the 
Government"  and  the  '•administration"  in  whose  hands  are 
these  interests.  I  fully  appreciate  its  correctness  and 
justice.  In  my  administration  I  might  have  committed 
somo  errors.  It  would  be,  indeed,  remarkable  if  I  had  not. 
I  have  acteil  according  to  my  best  judgment  in  c\vry  case. 
The  views  expressed  by  the  Committee  accord  with  my 
own;  and  on  this  principle  "  the  Government''  is  to  be  sup 
ported  though  the  administration  may  not  in  every  case 
wisely  act.  As  a  pilot,  I  have  used  my  best  exertions  to 
keep  afloat  our  ship  of  State,  and  shall  be  glad  to  resign 
my  trust  at  the  appointed  time  to  another  pilot  more  skill 
ful  and  successful  than  I  may  prove.  In  every  case,  and  at 
all  hazards,  the  Government  must  be  perpetuated.  Relying, 
as  I  do,  upon  the  Almighty  Power,  and  encouraged  as  I  am 
by  these  resolutions  which  you  have  just  read,  with  the 
support  which  I  receive  from  Christian  men,  I  shall  not 
hesitate  to  use  all  the  means  at  my  control  to  secure  the 
termination  of  this  rebellion,  and  will  hope  for  success. 

I  sincerely  thank  you  for  this  interview,  this  pleasant 
mode  of  presentation,  and  the  General  Assembly  for  their 
patriotic  support  in  these  resolutions. 

GENERAL  ASSEMBLY  OF   1864,   (NEW  SCHOOL.) 

May   19 — The  body  met  in  Dayton,  Ohio. 

May  23 — The  report  of  the  Committee  on  the 
State  of  the  Country — Howard  Crosby,  D.  D., 
Daniel  W.  Poor,  D.  D  ,  Robert  W.  Patterson, 
D.  D.,  George  W.  Simons,  and  Edward  D.  Mans 
field — was  adopted,  as  follows  : 

1.  Resolved,  That   this   General  Assembly  heartily  reaf 
firms  the  principles  and  renews  the  declarations  of  previ 
ous  General  Assemblies,  so  far  as  applicable  to  the  present 
aspect  of  public  affairs. 

2.  That  wo  recognise  clearly  the  good  hand  of  oar  God 
in  all  the  victories  of  the  national  arms,  whereby  the  limits 
of  the  rebellion  have  been  contracted,  and  its  vitality  im 
paired  ;  and  we  look  humbly  and  confidently  to  tha  same 
Divine  source  for  further  success  until  the  nation  shall  be 
vindicated,  aud  peace  established  on  the  grave  of  treason. 

3.  That  we  also  recognise  the  same  good  hand  of  our 
God   in  the  disappointments  and  delays  of  the   war,  by 
which  He  has  made  more  sure  the  complete  destruction  of 
the  vile  system  of  hu  nan  bondage,  and  rendered  less  self- 
confident  aud  more  religious  the  heart  of  the  nation. 

4.  That  in  such  recognition  and  hope  we  do  by  no  means 
lose  sight  of  our  national  and  individual  sins,  which  render 
us  so   utterly   unworthy  of  the  Divine  favor,  but  confess 
them  with  penitent  hearts,  and   trust  to  a  covenant  God  in 
Christ  Jesus,  that  this  uuworthiness  will  not  hinder  the 
might  of  God's  grace  in  behalf  of  the  cause  of  right  and 
order. 

5.  That  we  exhort  all  our  churches  to  renewed  zeal   and 
faithfulness  in  supplication  to  God  for  the  deliverance  of 
the  land,  and  prosperity  of  Christ's  kingdom,  through  the 
blessings  of  national  peace  and  fraternity. 

6.  That  wo  cordially  uphold   the  government  with   our 
sympathies  and  prayers  in  its  energetic  efforts  for  the  sup 
pression  of  this   most  causeless  and   cruel   rebellion,  urge 
all  Christians  to  refrain  from   weakening  the   authority  of 
the  Administration  by   ill-timed  complaints  and   unneces 
sary   criticism,  fully  believing  that   in  such  a  crisis  all 
speech  and  action  which  tend  to  difference  should  be  sedu 
lously  avoided  for  the  sake  of  the  common  weal. 

7.  That  a  copy  of  these   resolutions,  duly  authenticated, 
be  sent  to  the  President  of  the  United  States  by  a  special 


472 


APPENDIX. 


The  pastors  of  the  churches  were  requested 
to  read  the  same  to  their  congregations. 

The  special  Committee  provided  for  atnve, 
were  Thomas  Brainerd,  D.  D.,  Howaid  Crosby, 
D.  1).,  Robert  W.  Patterson,  D.  D.,  Edwin  F. 
Hatfield,  D.  D.,  Samuel  H.  Perkins,  and  Walter 
S.  Griffith. 

REFORMED  PRESBYTERIAN  CHURCH,  (OLD  SCHOOL,) 
1862. 

In  December,  a  committee  of  this  Church 
presented  to  President  LINCOLN  this  address  : 

To  His  Excellency  Abraham  Lincoln, 

President  of  lite  United  States  : 

We  visit  you,  Mr.  President,  as  the  representatives  of  the 
Reformed  Presbyterian,  or,  as  it  is  frequently  termed, 
"  Scotch  Covenanter"  Church — a  Church  whoso  sacrifices 
and  sufferings  in  the  cause  of  civil  and  religious  liberty  are 
a  part  of  the  world's  history,  and  to  which  we  are  indebted, 
nolens  than  to  the  Puritans,  for  those  inestimable  privi 
leges  so  largely  enjoyed  in  the  free  States  of  this  Union, 
and  which,  true  to  its  high  lineage  and  ancient  spirit,  does 
not  hold  within  its  pale  a  single  secessionist  or  sympathi 
zer  with  rebellion  in  these  United  States. 

Our  church  has  unanimously  declared,  by  the  voice  of 
her  highest  court,  that  the  world  has  never  seen  a  conflict 
in  which  right  was  more  clearly  wholly  upon  the  one  side, 
and  wrong  upon  the  other,  than  in  the  present  struggle  of 
this  Government  with  the  slaveholders'  rebellion.  She  has 
also  unanimously  declared  her  determination  to  assist  the 
Government,  by  all  lawful  means  in  her  p  -wer,  in  its  con 
flict  with  this  atrocious  conspiracy,  until  it  be  utterly 
overthrown  and  annihilated.  Profoundly  impressed  with 
the  immense  importance  of  the  issues  involved  in  this  con 
test,  and  with  the  solemn  responsibilities  which  rest  upon 
the  Chief  Magistrate  in  this  time  of  the  nation's  peril,  our 
brethren  have  commissioned  us  to  come  and  address  you 
words  of  sympathy  and  encouragement;  also,  to  express 
to  yon  views  which,  in  their  judgment,  have  an  important 
bearing  upon  the  present  condition  of  affairs  in  our  beloved 
country,  to  congratulate  you  on  what  has  already  been  ac 
complished  in  crushing  rebellion,  and  to  exhort  you  to  per 
severe  in  the  work  until  it  has  been  finally  completed. 
Entertaining  no  shadow  of  doubt  as  to  the  entire  justice 
of  the  c.uise  in  which  the  nation  is  embarked,  we  never 
theless  consider  the  war  a  just  judgment  of  Almighty  God 
for  the  sin  of  rejecting  his  authority  and  enslaving  our 
fellow-men,  and  are  lirmly  persuaded  that  His  wrath  will 
not  be  appeased,  and  that  no  permanent  peace  will  be  at 
tained,  until  His  authority  be  recognized  and  the  abomina 
tion  that  maketh  desol.it,>  utterly  extirpated.  As  an  anti- 
blavery  Church  of  the  most  radical  school,  believing  slavery 
to  be  a  heinous  and  aggravated  sin  both  against  God  and 
man,  and  to  be  placed  in  the  same  category  with  piracy, 
murder,  adultery, and  theft,  it  is  our  solemn  conviction  that 
God,  by  His  word  and  providence,  is  calling  the  nation  to 
immediate,  unconditional,  and  universal  emancipation.  Wo 
hear  His  voice  in  the  thunders  of  war,  saying  to  us,  ''Let 
iny  people  go."  Nevertheless,  we  have  hailed  with  de 
lighted  satisfaction  the  several  steps  which  you  have  taken 
in  the  direction  of  emancipation;  especially  do  we  rejoice 
in  your  late  proclamation  declaring  your  intention  to  free 
the  slaves  in  the  rebel  States  on  the  1st  day  of  Jan 
uary,  186o — an  act  which,  when  carried  out,  will  give  the 
death-blow  to  rebellion,  strike  the  fetters  from  millions  of 
oondmen,  and  secure  for  its  author  a  place  among  the 
wisest  of  rulers  and  noblest  benefactors  of  the  race. 

Permit  us,  then,  Mr.  President,  most  respectfully,  yet 
most  earnestly,  to  urge  upon  you  the  importance  of  enfor 
cing  that  proclamation  to  the  utmost  extent  of  that  power 
with  which- you  are  vested.  Let  it  be  placed  on  the  high 
est  grounds,  Christian  justice  and  philanthropy;  let  it 
be  declared  to  be  an  act  of  national  repentance  for  long  com 
plicity  with  the  guilt  of  slavery;  permit  nothing  to  tarnish 
the  glory  of  the  act,  or  rob  it  of  its  sublime  moral  signifi 
cance  and  grandeur,  and  it  cannot  fail  to  meet  a  hearty 
reHponso  in  the  conscience  of  the  nation,  and  to  secure 
infinite  blessings  to  our  distracted  country.  Let  not  the 
declaration  of  the  immortal  Burke  be  verified  in  this  in 
stance :  "Good  works  are  commonly  left  in  a  rude  and  im- 
per.ect  state,  througUthe  lame  circumspection  with  which 
a  timid  prudence  so  "frequently  enervates  beneficence.  In 
doing  good  we  are  cold,  languid,  and  sluggish,  and  of  all 
things  afraid  of  being  too  much  in  the  right.1"  We  urge 
vou  by  every  consideration  drawn  from  the  Word  of  God 
and  the  present  condition  of  pur  bleeding  country,  not  to 
be  moved  i'roni  the  path  of  duty  on  which  you  have  so  aus 
piciously  entered,  either  by  the  thretts  or  blandishments 


of  the  enemies  of  human  progress,  nor  to  permit  this  great 
act  to  lose  its  power  through  fears  of  timid  friends. 

Tuere  is  another  point  which  we  esteem  oi  paramount 
importance,  and  to  which  we  wish  briefly  to  call  yo  r  at 
tention.  The  Constitution  of  the  United  Stut.-.s  coo  la  ns  no 
acknowledgment  of  the  authority  of  God,  nj  HJ.S  ch."  st,  or 
of  His  law.  as  contained  in  the  Holy  Scriptures.  This  we 
deeply  deplore  as  wholly  inconsistent  with  all  claims  to  be 
considered  a  Christian  nation,  or  to  enjoy  the  protection 
and  lavor  of  God.  The  L'-rd  Jesus  Carist  is  above  all 
earthly  rulers  EL-  is  King  «,f  Kings  and  Lord  of  Lords 
He  is  the  one  mediator  between  God  and  man,  through 
whom  alone  either  nations  or  individuals  can  secure  the 
favor  of  the  Most  High.  God  is  saying  to  us  in  these 
judgments  :  "  Be-  wise  now,  therefore,  O  ye  kings;  be  in 
structed,  ye  judges  of  the  earth.  Serve  the  Lord  with 
fear.  Kiss  the  b'on,  lest  he  be  angry,  and  yc  pvnsh  from 
the  way  when  His  wrath  is  kindled  but  a  little.  Blessed 
are  all  they  thut  trust  in  Him.  For  the  nation  aud  king 
dom  that  will  not  serve  Thee  shall  perish;  yea,  those 
nations  shall  be  utterly  wasted." 

This  time  appears  to  us  most  opportune  for  calling  the 
nation  to  a  recognition  of  the  name  and  authority  of  God; 
to  the  claims  of  Him  who  will  overturn,  overturn,  ana 
overturn,  until  the  kingdoms  of  this  world  become  the 
kingdoms  ot  our  Lord  and  of  His  Christ.  Wo  indulge  the 
hope,  Mr.  President,  that  you  have  been  called,  with  your 
ardent  love  of  liberty,  your  profound  moral  convictions 
manifested  in  your  Sabbath  proclamations,  and  iu  your 
frequent  declarations  of  dependence  upon  Divine  Provi 
dence,  to  your  present  position  of  honor  and  influence,  to 
free  our  beloved  country  from  the  curse  of  slavery,  and 
secure  for  it  the  favor  of  the  g1  eat  Ruler  ot  the  universe. 
Shall  we  not  now  set  the  world  an  example  of  a  Chr.stian 
state,  governed,  not  by  the  principles  of  mere  political 
expediency,  but  acting  under  a  sense  of  accountability  to 
God  aud  obedience  to  those  laws  of  immutable  morality 
which  are  binding  alike  upon  nations  and  individuals. 

Praying  that  you  may  bo  directed  in  your  responsible 
position  by  Divine  wisdom;  that  <;od  may  throw  over 
you  the  shield  of  His  protection  ;  that  we  may  soon  see 
rebellion  crushed,  its  cause  removed,  and  our  laud  become 
Immauuel-'s  land,  we  subscribe  ourselves,  in  behalf  of  the 
Reformed  Presbyterian  Church, 

Yours,  respectfully, 

J.  R.  W.  SLOANE, 
A.  M.  Ml  LUG  AX. 

REFORMED  PRESBYTERIAN  (OLD  SCHOOL)  SYNOD, 
1864. 

At  Philadelphia,  June  1,  the  following  reso 
lutions  offered  by  Mr.  Sloane  were  unanimously 
adopted : 

ON  THE  STATE  OF  THE  COUNTRY. 

Whereas  the  nation  is  now  suffering  from  those  inflic 
tions  of  the  Divine  wrath  which  are  the  necessary  result  ol 
its  forgetuilness  of  God  and  oppression  of  man  ;  and  where 
as,  in  our  judgment,  love  to  our  country  is  best  manifested 
not  by  llattery  but  by  faithful  warning  and  reproufs;  aud 
whereas  Reformed  Presbyterians  have  from  the  first  exist 
ence  of  this  nation  predicted  the  present  calamities,  as 
the  inevitable  consequence  of  the  course  which  it  was  pur 
suing;  therefore, 

Resolved,  That  we  call  this  nation  to  an  humble  acknowl 
edgment  of  its  sins  and  a  speedy  national  repentance  os 
the  only  means  of  averting  present  and  still  greater  judg 
merits;  to  recognise  in  its  Constitution  the  uauie  and  au 
thor!  fy  of  God,  the  Scriptures  as  its  fundamental  law, 
and  Christ  as  Ruler  over  the  nations. 

2.  That  we  demand  in  the  great  name  of  that  God,  with 
whom  theie  is  no  respect  of  persons,  the  immediate,  uncon 
ditional  emancipation  of  all  persons  held  in  slavery  in  the 
United   States;  the  abolition  of  all   laws   making  ndious 
distinctions  on  account  of  color,  and  such  amendment  to 
the  Constitution  HS  will  forever  prevent  involuntary  ser 
vitude,  except  for  crime,  in  the  United  States. 

3.  That  while  we  cannot,  until  these  demands  be  met, 
identify  ourselves  with  the  government  by  oat  ha  of  alle 
giance  or  any  other  acts  which  involve  compile  ty  in  the 
guilt  of  the  nation  ;  that,  nevertheless,  in  the  present  fear 
ful  conflict,  our  en  tire  sympathies  are  with  the  North*,  and 
that  we  will  exertour  influence  in  all  ways  consistent  with 
a  faithful  practical  testimony,  and  with  our  well-considered 
and  long-established  principles,  to  secure  the  suppression  of 
rebel  ion. 

4.  That  we  hold  in  utter  abhorrence  the  present  rebel 
lion,  as  the  most  impious  attempt  to  establish  mischief  by 
law  that  the  world  has  ever  seen  ;  that  we  express  our  ut- 
I  ter  detestation  of  it,  in  all  its  purposes  a.id  principles,  aud 
will  hold  no  fellowship— political  or  ecclesiastical— with  its 
aiders  a:id  abettors,  north  or  south. 


APPENDIX. 


473 


5   That  wt>  deprecate  the  tardiness  of  the  nation  in  me-  j 
tin"  out  absolute  justice  to  the  colored  race,  as  calculated  I 
to  provoke  Heaven,  to  protract  the  war,  to  intensify  our 
prese   t  calamities,  and  to  endanger  our  very  existence  as 

**  u  That  in  the  noble  devotion  of  the  colored  race  to  the 
nation  in  this  day  of  its  calamity,  their  patient  endurance 
of  wrong,  their  sublime  trust  in  Providence,  their  insa 
tiable  thirst  ior  knowledge,  their  undaunted  heroism  and 
courage  on  the  field  of  battle,  and  tbeir  forbearance  under 
perpeuntion,  we  find  the  refutation  of  the  malignant  slan 
ders  which  have  been  heaped  upon  them— another  illustra 
tion  of  the  great  truth,  that  (.od  has  "  made  of  one  blood 
all  nut  ions  «  f  men,"  aud  the  signs  of  the  approaching  day 
iu  which  "  Ethiopia  shall  stret.  h  cut  her  band  to  God.'' 

7.  That  wo  have  great  cause  to  rejoice,  thank  God  and 
take  courage,  that  since  our  last  mooting  so  many  efforts 
have  been  made  both  among  the  people  and  in  Congress,  as 
well  as  by  several  ecclesi  istical  bodies,  to  effect  amend 
ments  to  the  United  .- tates  Constitution,  and  that  such  no 
ble  testimonies  have  been  borne  in  favor  of  the  rights  of 
God  aud  man,  in  which  we  clearly  see  how  the  testimony 
of  the  church  lias  been  leavening  society,  and  how,  under 
God,  Ihe  present  civil  war  is  an  educator  of  the  people. 

8  That  we  especial  y  notice  the  late  action  of  the  Gen 
eral  Conference  of  tho  Methodist  Episcopal  Church,  one  of 
the  largest  religious  denominations  in  the  United  States,  as 
particularly  significant  aud  encouraging;  inasmuch  as 
said  Conference  has  not  only  resolved  so  to  change  the  gen 
eral  rule  of  the  discipline  as  to  forbid  shareholding  alto 
gether,  but  has  also  unanimously  passed  the  following  res 
olutions,  viz : 

That  we  will  use  our  efforts  to  make  such  a  chaug  •  in 
the  Constitution  of  our  country  as  shall  recognise  the  be 
ing  ft  God,  our  dependence  upon  Him  for  prosperity,  and 
also  His  word  as  the  foundation  of  civil  law. 

Tiiat  we  I'O'^nr.l  si  ivery  as  abhorrent  to  the  princi 
ples  of  GUI-  holy  religion,  humanity  and  civilization;  and 
that  we  :u-e  decidedly  in  favor  of  such  an  amendment  to 
the  Constituti.-)!!,  and  such  legislation  on  the  part  of  the 
Stjires.  as  i-hali  |  n.hibit  slavery  or  involuntary  servitude, 
except  Ir.r  crime  throughout  all  the  States  and  Territories 
of  the  i  i.untrv. 

As  friends  of  Cod  and  humanity,  of  Christ  and  the 
slave,  we  owe  to  them  consta  .t  and  untiring  efforts  to 
bring  the  nation  into  subjection  to  the  Mediator  and  the 
enslaved  iu  freedom  ;  and  therefoieit  is  very  desirable  that 
the  National  .dass  Convention  for  effecting  amendments 
to  the  United  States  Constitution,  to  meet  in  Philadelphia 
on  the  Gth  of  July  coming,  be  attended  by  all  the  friends 
of  reformation  possible,  and  that  these  should  advocate  in 
said  convention  noihing  less  than  what  Covenanters  have 
always  demanded— tbat  tho  United  States  Constitution  be 
unequivocally  and  fully  Christian,  scriptural  and  free. 

GENERAL      SYNOD      OF     THE      REFORMED      PRESBY 
TERIAN    CHURCH,    MAY,    1863. 

Whereas  there  is  a  God  revealed  to  man  in  Holy  Scrip 
ture  as  the  Creator,  Preserver,  Redeemer,  and  Moral  Gov 
ernor  of  the  world  ;  and 

Whereas  nations,  as  well  as  individuals,  are  the  creatures 
of  his  power,  the  dependants  of  his  providence,  and  the 
subjects  of  his  authority  ;  and 

Whereas  civil  government  is  an  ordinance  of  God,  deriv 
ing  its  ultimate  sanctions  from  his  appointment  and  per- 
mi>M'  iu  ;  and 

Whereas  it  is  the  duty  of  all  men  to  acknowledge  the 
true  Cod  in  all  the  relations  they  sustain:  and 

Whereas  there  is  no  specific  mention  of  the  authority  of 
God  in  the  Federal  Constitution  of  the  United  States  of 
America,  the  fundamental  law  of  their  existence  as  a  nation ; 
and 

Whereas  that  Constitution  and  the  Government  which  it 
organizes  and  defines  are  now  undergoing  the  trial  of  a  de 
fensive  civil  war  against  a  rebellion  of  a  largo  portion  of 
its  own  citizens  and  for  its  own  national  existence;  and 

Whereas  the  exigencies  of  the  war  have  brought  the 
authorities  of  the  nation,  civil  and  military,  subordinate 
and  supreme,  to  formal  recognitions  of  the  being,  provi- 
<l<'iice,  and  grace  of  God  and  of  Jesus  Christ  his  Son,  to  an 
extent  and  with  a  distinctness,  such  as  the  country  has 
never  witnessed  before  ;  therefore 

Jii'solveit.  1.  That  in  the  judgment  of  this  Synod  the 
time  is  come  for  the  proposal  of  such  amendments  to  the 
1'Vdeval  Constitution,  in  the  way  provided  by  itself,  as  will 
supply  the  omissions  above  referred  to,  and  secure  a  dis 
tinct  recognition  of  the  being  and  supremacy  of  the  God 
of  Divine  revelation. 

2.  That  in  the  judgment  of  Synod  the  amendments  or 
adiiitiiiiis  to  be  made  to  the  national  Constitution  should 
provide  not  only  for  H  recognition  of  the  existence  and 
authontv  of  God,  but  also  of  the  mediatorial  supremacy  of 


Jesus  Christ  his  Son,  •'  the  Prince  of  the  kings  of  the  earth 
and  the  Governor  among  the  nations." 

3.  That,  as  several  article^  of  tho  Federal  Constitution 
have  been  and  are  construed  in  defence  of  slavery,  Synod 
do  earnestly  ask  the  appropriate  authorities  to  effect  such 
change  in  them  as  will  remove  all   ambiguity  of  phrase 
ology  on  this  subject,  and   make  the  Constitution,   as  ita 
framers  designed  it  to  be.  and  as  it  really  is  iu  spirit,  a 
document  on  the  side  of  justice  and  liberty. 

4.  That  Synod  will  petition  the  Congress  of  the  United 
States,  at  its  next  meeting,  to  take  measures  for  proposing 

,ud  securing  the  amendments  referred  to  according  to  tho 
due  order. 

5.  That  Synod  will  transmit  a  copy  of  such  action  as  they 
may  themselves  adopt,  to  the  several  religious  bodies  of  the 
country,  with  the  respectful  request  that  they  will  take 
order  on  the  subject. 

6.  That  a  Committee  be  appointed,  composed  of  a  uieui- 
jcr  from  each  of  the  Presbyteries  in  Synod,  to  whom  this 
natter  shall  be  referred,  and  whose  duty  it  shall  be  to  cor 
respond  with  such  Christian  statesmen  and  other  individu- 

of  influence  as  they  may  find  disposed  to  further  thia 
dutiful  and  momentous  object. 

EXERAL    SYNOD    OF     THE    REFORMED     PRESBYTE 
RIAN    CHURCH,    1864. 

May  18 — The  body  met  in  Philadelphia,  and 
adopted  these  resolutions: 

f'-snJved,  1.  That  it  is  the  duty  of  the  Church  of  Christ 
to  encourage  and  sustain  tho  Government  of  the  country  in 
ill  that  they  do  for  tho  honor  of  God,  tho  freedom  of  the 
mslaved,  the  mitigation  of  the  inevitable  evils  of  war,  and 
he  preservation,  at  all  hazards,  of  the  national  life,  integ 
rity,  and  power. 

2.  That,  in  the  judgment  of  Synod,  the  present  war  is 
no  of  defence  against  a  criminal  rebellion,  commenced  aud 

carried  on  under  the  auspices  of  a  slaveholdiug  aristocracy, 
whose  success  would  eventuate  in  anarchy  and  the  destruc 
tion  of  God's  ordinance  of  civil  government  among  us. 

3.  That  the  warmest  sympathies  of  Synod  are  extended 
to  the  soldieis  and  sailors  on  the  field  and  on  the  sea,  in 
the  camp  and  in  the  hospital,  and  that  the  prayer  of  Synod 

hall  continue  to  be,  that  while  they  are  periling  and 
aying  down  their  lives  for  their  country,  they  may  them 
selves  be  saved  through  Him  who  laid  down  his  life  for  tho 
world. 

GENERAL    ASSEMBLY    OF  THE  CUMBERLAND    PRES 
BYTERIAN    CHURCH,  MAY,    1863. 

Whereas  this  General  Assembly  of  the  Cumberland 
Presbyterian  Church  in  the  United  States  of  America  can 
not  conceal  from  itself  the  lamentable  truth  that  the  very 
existence  of  our  Church  and  nation  is  endangered  by  a 
gigantic  rebellion  against  the  rightful  authority  of  the 
General  Government  of  the  United  States,  which  rebellion 
has  plnngt-d  the  nation  into  tho  most  dreadful  civil  war ;  and 

'W  hereas  the  church  is  tho  light  of  the  world,  and  can 
not  withhold  her  testimony  upon  great  moral  and  religious 
questions,  and  upon  measures  so  deeply  affecting  the  great 
interests  of  Christian  civilization,  without  becoming  justly 
chargeable  with  the  sin  of  hiding  her  light  under  a  bushel ; 
therefore 

Revived,  That  loyalty  and  obedience  to  the  General 
Government,  in  the  exercise  of  its  legitimate  authority, 
arc  tho  imperative  Christian  duties  of  every  citizen,  and 
tkat  treason  and  rebellion  are  not  mero  political  offouses 
of  one  section  against  another,  but  heinous  sins  agaiist 
God  and  His  authority. 

2.  That  the  interest  of  our  common  Christianity,  aud  the 
cause  of  Christian  civilization  and  national  freedom  through 
out  the  world,  impels  us  to  hope  and  pray  God  (in  whom 
is  all  our  trust)  that  this  unnatural  rebellion  may  b •••  put 
down,  and  the  rightful  authority  of  the  General  Govern 
ment  re-established  and  maintained. 

3.  That  we  deeply  sympathize  with  our  fellow-country 
men  and  brethren  who,  in  the  midst  of  great  temptation 
and  sufferings,  have  stood  firm  in  their  devotion  to  God  and 
their  country,  and  also  with  those  who  have  been  driven, 
contrary  to  their  judgment  and  wishes,  into  the  ranks  of 
the  rebellion. 

4.  That  in  this  time  of  trial  and  darkness,  we  re-endorse 
the  preamble  and  resolutions  adopted  by  the  General  As 
sembly  of  the  Presbyterian  Church  at  Clarksville,  Tennes 
see,  on  the  24th  day  ot  May ,  1850,  which  are  as  follows  : 

Whereas,  in  the  opinion,  of  this  General  Assembly,  the 
preservation  of  the  Union  of  these  States  is  essential  to 
the  civil  and  religious  liberty  of  the  people,  and  it  is  re 
garded  as  proper  and  commendable  iu  tho  Church,  and 
more  particularly  in  tho  branch  we  represent  (it  having 
had  its  origin  within  the  limits  of  the  United  States  of 
America,  and  that  KOOU  alter  the  blood  of  our  Revolutionary 
fathers  had  ceased  to  flow,  iu  that  unequal  contest  through 


474 


APPENDIX. 


which  they  were  successfully  conducted  by  the  strong 
arm  of  Jehovah),  to  express  its  devotion,  on  all  suitabie 
occasions,  to  the  Government  of  their  choice  :  therefore, 

Retotoed,  That  this  General  Assembly  look  with  censure 
and  disapprobation  upon  attempts,  from  any  quarter,  to 
dissolve  the  Union,  and  would  regard  the  success  of  any 
such  movement  as  exceedingly  hazardous  to  the  cause  of 
religion  as  well  as  civil  liberty.  And  this  General  Assem 
bly  would  strongly  recommend  to  ail  Christians  to  make  it 
a  subject  of  prayer  to  Almighty  God  to  avert  from  our 
beloved  country  a  catastrophe  so  direful  and  disastrous. 

0.  the  subject  of  American  slavery,  your  committee 
submit  that  we  should  uot  view  it  as  if  it  were  about  to  bo 
introduced,  but  as  already  in  existence.  We  do  not  hesi 
tate  to  declare  that  the  introduction  of  slavery  was  an 
enormous  crime,  surpassed  by  few  crimes  that  have  dis 
graced  the  history  of  the  world,  and  that  there  are  at 
present  great  evils  connected  with  it,  and  that  we  believe 
wi;l  more  or  less  bo  connected  with  ii  while  it  exists.  As 
to  the  remedy  for  these,  the  greatest  and  best  minds  of 
our  country  and  the  world  have  greatly  differed  and  been 
much  perplexed;  therefore,  we  would  recommend  to 
those  who,  in  the  providence  of  God,  have  been  placed  in 
connection  with  this  institution,  to  continue  prayerfully  to 
«tndy  the  word  of  God,  to  determine  their  duty  in  regard 
to  their  slaves  and  slavery  ;  and  to  those  who  arc  not  thus 
.situated,  that  they  exercise  forbearance  towards  their 
brethren  who  arc  connected  with  slavery,  as  the  agitation 
of  this  subject  at  the  present  time  in  that  part  o f  the  Church 
where  slavery  does  not  exist,  cannot  result  in  any  good 
either  to  the  master  or  slave.  Touching  the  subject  of 
American  slavery  as  set  forth  in  the  memorial  before  us, 
your  committee  are  not  prepared  to  make  the  simple  hold 
ing  of  slaves  a  test  of  church-membership,  as  they  under- 
sta  id  the  memorial  before  them  to  propose. 

Itcsalced,  That  wo  disavow  any  connection  with,  or  sym 
pathy  for,  the  extreme  measures  o(  ultra-atolitionists, 
who.^e  efforts,  as  wo  believe,  have  been,  and  are  now, 
aiiu.iJ  at  th:s  destruction  of  our  civil  government  in  order 
to  abolish  slavery.  The  committee  would  say,  in  conclu 
sion,  that  the  report  herein  submitted  is  agreed  upon  as 
;i  compromise  measure,  to  unite  the  energies  of  our  beloved 
Church,  and  harmonize  all  our  iute'-esis  in  the  future,  and 
to  bind  tho  entire  membership  of  our  Church,  if  possible, 
in  close  bonds  of  Christianity  and  fellowship. 

GENERAL    ASSEMBLY    OP     THE    UNITED    PRESBYTE 
RIAN    CHUltCH,    1861. 

May  15 — The  body  met  at  Monmouth,  Illi 
nois,  and  adopted  a  report  and  resolutions,  from 
which  the  subjoined  u  extracted  : 

Slavobolding  is  the  great  and  immediate  cause  of  the 
present  trouble,  though  seldom  thought  of  as  an  evil  by 
ihose  who  are  directly  concerned  in  it.  Slavery  must  be 
exceedingly  flagrant  in  the  sight  of  the  Great  Parent  and 
Ruler  of  men.  If  it  is  murder,  the  blackest  of  crimes,  to 
violate  the  image  of  God  enstamped  on  man,  what  is  it  to 
debase  and  trample  on  that  image,  and  treat  it  as  a  brutal 
thing?  To  tear  asunder  the  tender  tics  of  nature  and 
affect  ion— what  is  it  but  horriblo  cruelty  ?  To  work  a  man, 
and  give  him  no  wages,  or  no  sufDcient  wages,  is  nothing 
but  robbery  and  opp  ession.  To  forbid  the  great  God  to 
speak  to  His  own  creatures,  that  they  may  bo  saved,  is 
bidding  deflance  to  the  very  heavens.  To  deprive  a  people 
of  the  ordinance  and  privileges  of  marriage,  is  to  keep 
them  in  beas  iy  concubinage.  It  should  not  be  thought 
that  we,  in  the  Free  States,  have  nothing  to  do  with  this 
monstrous  iniquity.  Have  we  uotcounteuanced  those  who 
practised  it?  Have  wo  not  contributed  to  extend  and  es 
tablish  and  fortify  it? 

In  view  of  these  things,  we  doubt  not  but  the  Lord  is 
calling  us,  in  this  day,  to  fasting  and  nkourning  and  sup 
plication  ;  and  we,  therefore,  recommend  the  adoption  of 
the  following  resolutions  : 

Resolved^  1.  That  the  General  Assembly  do  advise  and 
exhort  ail  the  people  under  hor  inspection  to  "  search  and 
try  their  ways,  and  turn  to  tho  Lord.  Let  them  cease  to 
do  ,-vil,  and  learn  to  do  well." — Isaiah,  i.  16. 

2.  That  tha  cleric  of  the  Assembly  be  directed,  and 
hereby  s  directed,  to  forward  to  tho  President  of  the 
United  States  a  letter  in  behalf  of  this  Assembly,  and 
assure  him. of  our  earnest  sympathv,  and  the  sympathy  of 
our  people,  and  our  and  their  readiness  to  co-operate  with 
him,  in  his  endeavors  to  maintain  the  Constitution  and  the 
integrity  of  the  nation* 

GESEB\L    ASSEMBLY    OK    THE     UNITED     PRKSBYTE- 
UIAN    CHUIICH,    1SG2. 

May — The  fallowing  preamble  and  resolu- 
t  OQS  were  unanimously  adopted  : 


Whereas,  our  country  suffers  m  der  a  desolating  civil 
war,  and  calamities  not  often  equaled  in  tiie  history  of  the 
world  are  now  endured  by  oar  fellow-countrymen;  an! 
whereas  the  ministers  of  the  gospel,  as  witnesses  tor 
Christ  and  watchmen  on  the  walls  of  Zion,  are  bound  by 
their  testimony  to  give  the  trumpet  a  certain  and  distinct 
sound  in  order  to  warn  the  people  of  their  danger,  ami 
direct  them  in  the  way  of  duty :  therefore, 

Resolved,  That  we  recognize  in  th<*  defeats  and  disasters 
of  our  forces  in  the  beginning  of  the  conflict  a  deserved 
visitation  of  God's  wrath  upon  us  for  our  complicity  in  the- 
sin  of  slavery  ;  and  while  we  have  reason  to  fear  farther 
reverses  to  our  arms,  yet  we  feel  and  hereby  express  our 
gratitude  to  God  for  the  recent  victories  and  advantages 
obtained  over  the  enemy,  and  cherish  the  hope  and  bc-iief 
that  God  will  continue  his  favor  until  rebellion  shall  be  f  >r- 
evcr  crushed  and  peace  restored. 

2.  That,  believing  that,  so  long  as  slavery  lives,  no  per 
manent,  peace  can  be  enjoyed,  we  express  our  highest 
gratification  at  the  emancipation  policy  indicated  in  the 
President's  recent  proposition,  to  aid  tho  .slave  States  in, 
tho  •'  abolishment"  of  slavery.    We  thank  God  for  th<; 
deliverance  of  the  District  of  Columbia  from  the  national 
curse  and  disgrace  of  slavery,  and  would  hull  with  plea 
sure  the  proclamation  of  universal  liberty  ;  and  we  trusc 
our  worthy  President  and  CongrfS?  will  pursue  the  course' 
of  emancipation  til  liberty  shall  bo  proclaimed  throughout 
all  tho  land  to  all  the  inhabitants  thereof. 

3.  That,  believing  compromise  with  wrong  to  be  the  rock 
on  which  our  Union  has  been,  in  danger  of  sp  iiling,  we 
warn  our  fellow-citizens,  politicians,  and  statesmen,  that  a 
compromise  with  rebellion  in  behalf  of  slavery  w.ll  be  no 
less  dangerous  to  the  stability  of  our  Government  than  to 
the  cause  of  human  freedom. 

4.  That,  believing  it  to  be  a  duty  specially  incumbent  on 
the  Church  to  let  her  light  shine,  and  that  her  ministry  are 
particularly  bound  in  the  present  perilous  crisis  of  our 
country's  history  to  declare  the  counsel  of  God   regarding 
the  sin  and  crime  of  slavery,  we  trust  that  all  the  preacher* 
of  that  gospel  which  proclaims  liberty  to  the  captive  of 
every  denomination,  will  hoar  and  obey  God's  voice,  now 
calling  upon  them   louder  than  ever  before,  to  open  their 
raoutu  in  behalf  of  the  dumb.    And  we  would  especially 
uige  upon  our  brethren  under  our  care,  to  give  a  clear 
testimony  on  this  subject,  in  order  to  instruct  our  people 
and  the  nation  in  the  great  truth  that  righteousness  exalt- 
eth  a  nation,  whilst  sin  is  a  reproach  to  any  people. 

5.  That,  as  we  can  only  succeed  by  depending  entirely 
on  Divine  agency,  we  will  call  upon  the  Lord  in  our  trouble, 
and  ask  Him  to  so  overrule  the  present  war,  inaugurated 
for   the  purpose  of  extending  and   j)crp  tuating  slavery, 
that  it  shall  issue  in  its  final  and  complete  overthrow  ;  and 
that  we  will  bear  on  our  spirits  continually,  the  Congress, 
the  army  and  navy,  and  pray  especially  that  God  would 
preserve  those  who  have   enlisted  in  the  cause  of  their 
country  from  the  perils  of  the  camps  and  the  field,  and 
restore  them  to  their  families  and  friends  in   peace  and 
safety,  and  prepare  those  who  may  have  to  die  in  the 
conflict,  fora  victory  over  death  and  hell, and  a  triumphant 
entrance  iuto  heaven. 

BAPTIST. 

MEETING    OF    THE    BAPTISTS    AT    BROOKLYN,    N.  Y., 
MAY  29,   1861. 

A.  B.  Cap  well,  Esq.,  presided,  and  the  follow 
ing  officers  were  apppointed: 

Vice -Presidents — Hon.  George  N.  BHggs, 
Rev.  G  S.  Web-i,  D.  D.,  Thomas  W  tson,  Esq., 
A.  Hubbell,  E  q. 

Secretaries— Rev.  W.  H.  Shailer,  D.  D.,Rev. 
J.  B.  Simmons. 

Rev.  G  orge  C.  Baldwin,  D.  D.,  open  d 
the  proceedings  with  prayer,  after  which  the 
Committee,  appointed  at,  a  preliminary  meet 
ing—Rev.  D-.  William  R.  William*,  N.  Y., 
Rev.  Dr.  Rufus  Babcock,  N.  J.,  Rev.  Dr. 
E.  E.  Cammiuers,  New  Hampshire,  Rev.  Dr. 
Samuel  Baker,  Rev.  J.  Hyatt  S.  Smith,  of  Pa., 
Rev.  Dr.  W.  H.  Shailer,  Maine,  and  Rev.  Dr. 
S.  B.  Swain,  Mass — presented,  through  the 
Chairman,  Rev.  Dr.  Williams,  the  following 
jeport,  which  was  adopted: 

The  Assembiy  of  Baptists  gathered  from  the  various 
Northern  States* of  the  Union  would,  in  the  present  solemn 
crisis  of  our  national  history,  put  ou  record  some  expres- 


APPENDIX. 


sion  of  their  judgment  as  Christians,  loving  tbcir  country, 
aud  Knelling,  in  the  Icar  and  from  the  g;-ace  of  God,  its  best 
Interests.  We  are  threatened  to  be.  rent  as  a  people  iulo 
two  hostile  camps;  several  Slates  ot'  the  Uuioa  have 
claimed  to  release  themselves  by  their  own  act  from  the 
national  Constitution  and  Union,  having  formed  what  they 
designate  as  a  Confederacy.  They  have  seized  the  national 
f  iris,  arnuiinems,  and  ship^.  Such  proc'--ec!ings  on  the  part 
of  a  neighboring  community  wouid  be  held  actual  war. 
Yet  there  has  been  no  precedent  such  as  in  modern  cont  sts 
inaugurates  ordinary  hostilities.  They  have  bombarded  a 
national  garrison.  The  General  Government  ai  Washing 
ton  have  refused  to  recoguiz-t  the  right  of  secession,  and 
have  proc  aimed  alike  their  own  right  aud  their  own  pur 
pose  to  occupy  the  national  property  and  defences  now 
usurped.  O.)e  of  the  foremost  statesmen  in  the  new  move 
ment,  and  himself  the  executive  officer  of  the  new  assumed 
Confederacy,  had  declared  African  slavery  the  immediate 
causa  of  the  revolution  thus  attempted.  Ho  has  alleged 
that  the  o'd — and,  as  the  North  deems  it,  the  only  existing 
Constitution — regarded  such  slavery  as  wrong  in  principle, 
/*n-l  that  the  founders  of  this  Constitution  expected  the 
jondagc  in  some  way,  aud  at  some  time,  to  vanish. 
9e  declares  of  the  new  Confederate  States  that  they  as 
sume,  as  their  basis,  the  fundamental  erroneousness  of 
such  original  estimate  and  expectation  on  the  part  of  the. 
atbers  of  our  land.  Accepting  not  only  tho  propriety,  but 
Ihe  perpetuity  of  such  servitude,  ho  places  the  new  gov 
ernment  on  the  alleged  inferiority  of  the  negro  race,  as  its 
corner-stone.  He  claims  for  the  new  Confederacy  that  it 
Is  the  first  government  in  all  history  thus  inaugurated  on 
this  new  truth,  as  ho  would  call  it.  He  invites  the  North 
western  States  to  enter  the  Confederacy.  But  he  antici 
pated  the  disintegration  of  the  older  States;  and  he  declares 
that  in  case  of  these  last,  admission  to  the  new  Confederacy 
must  not  be  merely  by  reconstruction,  but  reorganization 
and  assimilation.  In  other  words,  African  bondage  seems 
required  as  the  mortar  that  is  to  agglutinate,  and  the  rock 
that  is  to  sustain  the  re-combined  and  re-built  sovereignty 
that  shall  include  even  these  last.  Men  in  high  position  iu 
ue  new  organization  of  the  South,  have  proclaimed  their 
intent  of  seizing  the  national  Capitol,  and  planting  their 
flag  on  the  seats  of  Northern  State  Government.  Tho 
President  ot  the  United  States  has  summoned  a  large, 
formidable  force  to  tho  metropolis  of  the  Union,  rallying 
to  the  defence  of  the  General  Government.  Remembering 
their  own  character,  as  the  servants  of  the  Prince  of  Peace 
this  Assembly  would  spealc  fraternal  y,  not  heedlessly 
exasperating  strife,  but  also  with  a  frankness  at»d  decision 
as  not  indorsing  injustice.  The  Church  is  a  kingdom  not 
of  tho  world.  But  the  men  of  the  Church  arc  not  the  less 
bound  to  recognize  aud  loyally  to  uphold  ail  rightful  secu 
lar  government. 

The  powers  that  be  are  ordained  of  God,  and  the  magis 
tracy  is  by  His  will  to  bear  the  sword  not  in  vain.  Christ, 
in  His  Mcssiahship,  would  not  be  made  a  judge  or  a  divider 
as  to  the  statutes  and  estates  of  this  earth;  but  lie  did  not, 
therefore,  abrogate  the  tribunals  of  earthly  judgment.  To 
Caesar  He  bade  us  render  Caesar's  dues.  He  cherished  and 
exemplified  patriotism  when  answering  to  the  appeal 
made  to  Him  in  the  behalf  of  that  Gentile  ruler,  as  for  as 
one  who  loved  liour;>  (Jewish)  nation,  lie  showed  it  when 
weeping  as  He  predicted  the  coming  woes  of  His  own 
people  and  of  their  chief  city.  The  Gospel  of  Christ,  then, 
sanctions  and  consecrates  true  patriotism.  Shall  the  Chris 
tians  of  the  North  accept  the  revolution  thus  to  be  precipi 
tated  upon  them,  as  warranted  and  necessary '(  or  shall  they 
acquiesce  iri  it  as  inevitably  dismissing  the  question  of  its 
origin  in  the  irrecoverable  past?  Shall  they  wait  hopefully 
the  verdict  of  the  nations  and  the  sentence  of  Providence 
upon  the  new  basis  of  this  extemporized  confederacy? 
Meanwhile  shall  they  submit  passively  to  the  predicted  dis 
integration  of  their  own  North,  pondering  wistfully  upon 
the  possibilities  of  their  own  reorganization  to  qualify  them 
for  admission  on  the  novel  platform,  and  for  their  initiation 
into  the  new  principles  of  this  most  summary  revolution? 
The  memories  of  tho  past  and  the  hopes  of  tho  future;  his 
tory  and  Scripture;  the  fear  of  God  and  regard  to  the  well- 
being  of  man ;  the  best  interests  of  their  own  estranged 
brethren  at  the  South,  and  their  own  rights  and  duties, 
not  to  themselves  and  their  children  only,  but  as  the  stew 
ards  of  constitutional  liberty  in  behalf  of  all  other  nations, 
encouraged  by  our  success,  as  such  remotest  nations  are 
baffled  and  misled,  as  by  our  failure  such  nations  would 
necessarily  be, — all  considerations  unite  in  shutting  np  the 
Christians  of  the  North  to  one  course.  The  following 
resolutions  pment  correspondingly  what,  in  our  judgment, 
is  the  due  course  of  our  churches  and  people: 

liesnlrcd.  That  tho  doctrine  of  secession  is  foreign  to  our 
Constitution,  revolutionary,  suicidal,— setting  out .in  anarchy 
und  finding  its  ultimate  issue  in  despotism. 

'2.  That  the  National  Government  deserves  our  loyal  ad 
hesion  and  unstinted  support  in  its  wise,  forbearing,  and 
ye* .  liuri  maintenance  of  the  national  unity  and  life;  and 


UNI7Er475 


•Morth  lias 


that,  sore,  long,  and  costly  as 

not  sought  it,  and  tho  North  does" 

aggressions  press  it;  und  that  a  si _, 

Union  and  our  ancestral   principles  woul 

evils  and  longer  continuance,  and  vaster  costliness. 

3.  Tlint  the   wondrous  uprising,  in   strongest   harmony 
and   largest  self-sacrifice,  of  the  whole  North  to  assert  and 
vindicate  the  national  unity,  is  the  cause  of  grateful  amaze- 
men  r.  and  devoutcst  acknowledgment  to  the  God  who  sway* 
all  hearts  and  orders  all  events;  and  that  this  resurgent 
patriotism,  wisely  cherished  aud  directed,  may,  in  God's 
blessed  discipline,  correct  evils  that  seemed  chronic  and 
Irremediable  in  the  national  character. 

4.  That,  fearful  as  is  the  scourge  of  war  even  in  the  jusrest 
cause,  we  need,  as  a  nation,  to  humble  ourselves  before  God 
for  the  vain-glory,  self-confidence,  greed,  venality,  and  cor 
ruption  of  manners   too  manifest  in  our  land  ;'  that  in  its 
waste  of  property  and  life,  its  invasion  of  the  Sabbath,  its 
demoralization, and  its  barbarism,  we  see  the  evils  to  which 
it  strongly  tends ;  but  that,  waged  in  a  good  cause  and  in 
the  fear  of  God,  it  may  be  to  a  people,  as  it  often  in  past 
times  has  been,  a  stern  but  salutary  lesson  for  enduring, 
good.     In  this  struggle,  the  churches  of  the  North  should, 
by  prayer  lor  them,' the  distribution  of  Scripture  and  tract,, 
and  tho  encouragement  of  devout-chaplains,  seek  the  reli 
gious  culture  of  their  brave  soldiers  and  mariners. 

5.  That  the  North  sec-k  not,  in  any  sense,  the  subjugation- 
of  the  South,  or  the  horrors  of  a  servile  war,  or  the  devasta 
tion  of  their  homes  by  reckless  and  iinbruted  mercenaries, 
but  believe  most  firmly  the  rejection,  were  it  feasible,  of  the 
Constitution  and  Union,  would  annihilate  the  best   safe 
guard  of  Southern  peace. 

6.  That  the  churches  of  our  denomination  be  urged  to  set 
apart  the  last  Friday  in  June  as  a  day  of  solemn  humili 
ation  and  prayer  for  the  interposition  of  God's   gracious 
care  to  hinder  or  to  limit  the  conflict,  to  stay  the  wrath, 
and  to  sanctify  the  trial:  and  that  one  hour  also  in  the  Fri 
day  evening  of  each  week  be  observed  as  a  season  of  inter 
cession,  privately,  for  our  country  during  this  period  of  her 
gloom  and  peril. 

7.  That,  brought  nearer  as  eternity  and  judgment  are  in, 
such  times  of  sharp  trial  and  sudden  change,  it  is  the  duty 
of  all  to  redeem  the  fleeting  hour,— the  duty  of  all  Christ"* 
people  to  see  that  the  walls  of  Zion  be  built  in  trmblous 
times,  and  to  hope  only  and  ever  in  that  wonder-working 
God   who  made  British  missions  to  India  and  the  South 
Seas  to  grow  amid  the  Napoleon  wars ;  who  trained,  in  Sei- 
ampore  missions,,  Ilavelock,  the  Christian  warrior,  as,  two- 
centuries  beibre.  He  had  prepared,  in  the  wars  of  the  Com 
monwealth,  the  warrior  Baxter,  who  wrote,  as  army  chap 
lain,  the  ''Saint's  Everlasting  Rest,"  and  the  Bnn.yan,  who- 
described  for  all  after  time,  the  "Pilgrim's  Progress  "  and, 
"The  Holy  War.'' 

8.  That  what  was  bought  at  Bunker  Hill,  Valley  Forge, 
and  Yorktown,  was  not,  with  our  consent,  sold  at  Mont 
gomery;  that  we  dispute  the  legality  of  the  bargain,  and, 
in  the  strength  of  the  Lord  God  of  our  fathers,  shall  hope- 
to  contest,  through  this  generation,  if  need  be,  the  feasibility 
of  the  transfer. 

WEST  NEW  JERSEY  BAPTIST  ASSOCIATION,    1861. 

Sept.  10 — The  body  met  at  Mount.  Holly. 

Sept.  13 — TLe  report  of  the  Committee  on 
the  State  of  the  Coimtry — Samuel  Aaron,  J. 
E.  Wilson,  E.  M.  Barker,  J.  M.  Carpenter,  L.  G. 
Beck,  J.  H.  Lambert,  H.  J.  Multord,  Henry 
Samuel — was  unanimously  adopted  : 

Whereas,  all  genuine  Baptists  have  ever  contended  for 
the  principle  of  civil  and  religious  liberty,  (see  Acts  iv.  19, 
20;)  and  whereas  that  liberty  is  most  fully  secured  to  « 
people  under  the  form  of  a  Democratic  Republic ;  and' 
whereas  our  Fathers,  with  the  help  of  God,  by  the  sacrifice- 
of  their  fortunes  and  their  lives,  established'  such  a  Gov 
ernment  for  these  "  United  States  ;"  and  whereas  thi* 
Government  is  now  assailed  by  armed  traitors  in  the  Slave- 
States,  and  by  their  insidious  accessories  in  the  Free— the 
one  set  robbing  and  butchering  the  loyal — tho  other  at 
tempting  to  delude  ami  divide  them,  and  both  co-operating 
to  subvert  the  Government  and  annihilate  the"  Union  • 
There-fore, 

JtwiGlcMl,  That  it  is  our  duty  as  citizens,  as  Baptists,  anct 
as  Christians,  to  resist  such  traitors,  Xorfh  and  South,  bv 
speech,  with  the  pen  arid  with  the  press;  and,  if  need 
be,  with  the  implements  of  death  on  the.  field  of  battle,. 
pledging  to  tho  Government  and  the  Constitution,  sis  our 
fathers  did,  "Our  lives,  our  Jwtunts,  und  our  *om< 
livnor," 

^  2.  If  the  Rebels  raise  the  issue  between  slavery  and  the- 
Constitution,  that  we  will  support  the  Government  iu 
sweeping  from  the  country  that  infamous  outrage  on  tuo 
Itiyltts  of  man. 


476 


APPENDIX. 


.'5.  That  we  approve  of  the  President's  appointment  of  a 
•"  national  fast-clay,"  and  earnestly  request  the  churches  to 
observe  the  day  by  fa-sting,  and  by  prayer,  and  by  sermons 
or  addresses,  calculated  to  instruct  the  people  and  attach 
them  to  our  noble  institutions,  the  best  ever  enjoyed. 

WEST  NEW  JERSEY  BAPTIST  ASSOCIATION  OF   1862. 

The  President  made  the  following  reply  to 
the  resolutions  of  this  body  passed  at  its 
session  of  1862  : 

DEPARTMENT  OF  STATE,  Sept  29, 1862. 

REVEREND  GENTLEMEN  :  The  resolutions  concerning  the 
state  of  public  affairs,  which  you  have  transmitted  to  me, 
have  been  communicated  to  tho  President  of  the  United 
States.  I  am  instructed  by  him  to  reply  that  ho  accepts, 
with  the  most  sincere  and  grateful  emotions,  the  pledges 
they  offer  of  all  the  magnanimous  endeavors  and  all  tho 
vigorous  efforts  which  the  emergencies  of  the  country 
demand.  Tho  President  desires,  also,  that  you  may  be 
well  assured  that,  so  far  as  it  belongs  to  him,  no  vigor  and 
no  perseverance  shall  be  wanting  to  suppress  the  existing 
insurrection,  and  to  preserve  and  maintain  the  Union  of 
tho  States  and  the  integrity  of  the  country.  You  may 
further  rest  assured  that  the  President  is  looking  for  a 
restoration  of  peace  on  no  other  basis  than  that  of  the 
unconditional  acquiescence  by  the  people  of  all  the  States 
in  the  constitutional  authority  of  the  Federal  Government. 
Whatever  policy  shall  lead  to  that  result  will  bo  pursued; 
whatever  interest  shall  stand  in  the  way  of  it,  will  be  dis 
regarded. 

The  President  is,  moreover,  especially  sensible  of  the 
wisdom  of  your  counsels  in  recommending  the  cultivation 
by  the  Government  and  people  of  the  United  States,  of  a 
spirit  of  meekness,  humiliation,  and  dependence  on  Al 
mighty  God,  as  an  indispensable  condition  for  obtaining 
that  Divine  aid  and  favor  without  which  ;ill  human  power, 
though  directed  to  the  wisest  and  most  benevolent  ends,  is 
unavailing  and  worthless.  In  a  time  of  public  danger  like 
this,  a  state,  especially  a  republic,  as  you  justly  imply, 
ought  to  repress  and  expel  all  personal  ambitions,  jeal 
ousies,  and  asperities,  and  become  one  united,  harmonious, 
loyal,  and  devotional  people. 

Your  obedient  servant, 

WILLIAM   II.  SB  WARD. 

WEST    NEW   JERSEY    BAPTIST   ASSOCIATION,    1864. 

September  13 — The  body  met  at  Pemberton. 

September  14 — The  ;eport  of  the  Committ'e 
on  ihe  State  of  ihe  Country — Samuel  Aaron, 
A.  J.  Hires,  S.  C.  Dare,  M.  Jones,  J.  H  irnmett, 
T.  G.  Wright,  and  Joseph  H.  Kain — was 
adopted : 

fiexolred,  That  Civil  Government,  whether  among  Chris 
tian  or  Pagan  nations,  is  an  ordinance  of  God,  intended  to 
•establish  natural  justice  among  men,  and  that  our  American 
Government  is  the  nearest  approach  to  right  since  the 
Institutions  of  Mosee. 

'2.  Therefore,  that  this  Southern  conspiracy  against  our 
nation's  life-  is  the  greatest  political  atrocity  since  Israel 
rebelled  against  Jehovah. 

3.  Ihat  us  the  Lord  appointed  war,  jMwtilenee,  and  famine 
to  humble  and  subjugate  the  Jews,  so  we  believe  this  nation 
lias  His  sanction  for  making  the  costliest  sacrifice  of  trea- 
Hire  and  blood  that  history  records,  in  order  to  exterminate, 
•even  with  tiro  and  sword,  those  devoted  agents  of  disunion 
and  birbaiism,  who  perseveringly  swear  that   they   will 
destroy  tin-  Union  or  themselves. 

4.  That  the  measures  thus  far  employed  by  our  public 
representatives  and  sanctioned  by  the  people,  have,  for  the 
most  part,  been  right  ana  expedient,  and  that  their  results 
do,  just  now,  afford  abundant  promise  and  gloriuus  hope  of 
The  triumph  of  liberty,  justice  and  humanity. 

5.  That  any  terms  of  pence  short  of  unqualified  submis 
sion  by  the  rebels,  would  be  an  act  ol  unparalleled  treason 
against  the  industrial,  social,  and  moral  interests  of  man  ; 
-iind  a  mockery  of  the  Divine   Providence,  which  has  so 
eminently  exalted  us  in  the  political  heavens,  to  be  the 
pole-star  ot  liberty  to  the  human  race. 

NEW    JKU3EY    BAPTIST    STATE    CONVENTION,    18G4. 

November  10 — The  body  met  in  Borden- 
tovvn. 

November  11 — The  report  of  the  Committee 
on  the  State  of  tfie  Country — Messrs.  Whee- 
iock  H.  Parmly.  Henry  C.  Fish,  Lewis  Smit'1, 
J.  Perry  Hall,  Robert  F.  Young — was  accepted, 
"  with  remarkable  unanimity,"  us  follows  : 

Resolved-,  That  we  recognixo,  with  deepest  gratitude,  the 


hand  of  God  in  the  signal  successes  which  have  attended 
our  gallant  army  and  navy  during  the  past  year  in  theii 
efforts  to  overthrow  the  present  rebellion. 

2.  That  we  also  recognize  tho  same  Divine  hand  in  mov 
ing  the  hearts  of  the  loyal  masses  of  the  count:  y  to  rebuke, 
with  unmistakable  emphasis,   through  the  agency  of  the 
ballot-box,  the  atrocious  attempts  of  designing  and  corrupt 
men  in  the  North  to  embarrass  the  General  Government, 
and  lend  effectual  aid  and  comfort  to  armed  traitors. 

3.  That,  since  the  war  into  which  we  have  been  forced  ia 
e-.v-nti.illy  a  conflict  between  freedom  and  slavery,  we  see 
no  method  of  terminating   this  conflict,   and  desire   no 
other,  than  by  the  utter  extinction  of  the  system  of  slavery 
throughout  all  the  national  territory. 

4.  That  God  is  calling  us  as  Christians  to  put  forth  the 
most  vigorous  exertions  for  the  religious  welfare  of  the 
millions  of  oppressed  people  whom  the  fortunes  of  this  war 
are  bringing  within  the  reach  of  our  evangelical  etfurt. 

5.  Inasmuch  as  success  can  come  from  God  alone,  we 
still  feel  tlie  need  of  continued  prayer  for  the   further  in 
terposition  of  His  power  in  our  behalf,  that  this  crm  :l  con 
flict  may  be  settled  at  last  in  such  a  manner  as  to  heal  all 
our  differences,  exalt  us  in  righteousness,  and   bind   all 
parties  and  sei-ti  jns  into  a  firm  and  indissoluble  Union. 

6.  That  wo  heartily  approve  the  President's  Proclamation 
of  Thanksgiving  on  the  last  Thursday  of  tlr.s  mouth,  and 
recommend  that  it  be  observed  by  all  the  churches  repre 
sented  in  this  body. 


On  motion  of  Rev.  J.  Wheaton  Smith,  the  fol 
lowing  resolutions  were  adopted: 

Resolred,  That,  as  members  of  the  Philadelphia  Baptist 
Association,  we  reaffirm  our  unswerving  loyalty  to  the  Gov 
ernment  of  these  United  States. 

2.  That  in  the  trials  through  which  we  are  passing  as  a 
nation,  we  recognize  the  guidance  of  the  Almighty,  and  see, 
not  dimly,  the  purpose  of  his  love  to  purify  tho  fountains  of 
our  national    life,    and  develop  in  righteousness  tho  ele 
ments  of  our  national  prosperity. 

3.  That,  as  Christian  citizens  of  this  Republic,  it  is  our 
bounden  duty  to  renounce  all  sympathy  with  sin,  to  rebuke 
sill  complicity  with  evil,  and  cherish  a  simple,  cheerful  con 
fidence  in  Him  whose  omnipotence  flowed  through  a  strip 
ling's  arm  and  sank  into  the  forehead  of  the  Philistine. 

4.  That,  in  pursuance  of  this  spirit,  we  hail  with  joy  the 
recent  proclamation  of  our  Chief   Magistrate,    declaring 
freedom  on  the  first  day  of  January  next  to  the  slaves  in  all 
the  then  disloyal  States,  and  say  to  him,  as  the  people  said 
to  Ezra,  "  Arise,  for  the  matter  belongeth  unto  thee;  we, 
also,  will  be  with  thee;  be  of  good  courage  and  doit." 

5.  That,  in  the  name  of  Liberty,  which  wo  love;  in  the 
name  of  Peace,  which  we  would  make  enduring;  in  the 
name  of  humanity  and  of  religion,  whose  kindred  hopes  are 
blouded,  wo  protest  against  any  compromise  with  rebellion  ; 
and  for  the  maintenance  of  the  war  on  such  a  basis,  whether 
for  a  longer  or  a  shorter  period,  we  pledge,  in  addition  to 
our  prayers,  our  "  lives,  our  fortunes,  and  our  sacred  honor." 

G.  That  a  copy  of  these  resolutions  be  forwarded  to  the 
President  and  his  advisers,  with  assurances  of  the  honor  in 
which,  aa  Christians,  we  hold  them,  and  with  our  solemn 
entreaty  that  no  one  of  them  will,  in  the  discharge  of  duties 
however  faithful  for  his  country,  neglect  the  interval*  o/ 
his  own  personal  salvation. 

THE  PRESIDENT'S  REPLY. 

WASHINGTON,  October  18,  1862. 

GENTLEMEN  :  I  have  the  honor  to  acknowledge  for  the 
other  heads  of  departments,  as  well  as  in  my  own  behalf, 
the  reception  of  the  resolutions  which  were  ado  ;ted  by 
your  vent-rabid  association  during  the  last  week,  and  to 
assure  you  of  our  high  appreciation  of  the  personal  kind- 


that  any  government— especially  u  republican  one — cannot 
bo  expected  to  rise  above  the  virtue  of  the  people  over 
whom  it  presides.  Government  is  always  dependent  oh  the 
support  or  the  nation  from  \vhom  it  derives  all  its  powers 
and  all  its  forces,  and  tho  inspiration  which  can  give  it 
courage,  energy,  and  resolution,  can  come  only  from  the 
innermost  heart  of  the  country  which  it  is.  required  to  lead 
or  to  save.  It  is  indeed  possible  for  our  Administration  in 
th's  country  to  conceive  and  perfect  policies  \\hich  would 
bo  beneficent,  but  it  oould  not  carry  them  into  effect 
without  the  public  consent;  for  the  fir.-t  instruction  which 
the  statesman  derives  from  experience  is,  that  he  must  do, 


in  every  case,  not  what  he  wishes,  lint  what  he  can 


APPENDIX. 


47: 


they  at  the  time  desired  and  preferred.  Political,  moral,  and 
religious  teachers  exercise  the  greatest  influence  in  form 
ing  and  directing  popular  sentiments  and  resolutions.  Do 
you  therefore,  genth-meii,  persevere  in  the  inculcation  of 
tin-  principles  and  sentiments  which  you  have  expressed  in 
your  rec-  lit  proceedings,  and  rest  assured  that,  if  the  na 
tional  magnanimity  shall  be  found  equal  to  the  crisis 


9.  That  in  the  cons'.Jtutionally-elected  President  of  the 
United  States,  we  recognize  the  representative  of  TJriionr 
Liberty  and  Peace,  and  <we  cannot  fail  to  pray  thai  the 
Government  may  bo  sustained  until  the  supremacy  of  t  he- 
Constitution  shall  ho  established,  and  the  flag  of  the  Union 
shall  wave  iu  peaceful  triumph  over  every  inch  of  soil  now 
polluted  by  war  and  cursed  by  treason. 


through  which  the-  country  is  passing,  no  efforts  on  the  10.  That  we  appeal,  away  from  every  human  aim  to  the 
un-t  oT  the  Administration  will  be  spared  to  bring  about  a  (  God  of  battles,  and  solemnly  and  unitedly  invoke  his  gra- 
peaco  without  a  loss  of  any  part  of  the  national  territories,  cious  aid,  praying  li  Let  God  arise,  let  his  enemies  be  scat- 


or  the  sacrifice  of  any  of  the  constitutional  safeguards  of 
civil  or  religious  liberty.  I  need  hardly  say  that  the  satis 
faction  which  will  attend  that  result  will  be  immeasurably 
increased  u  it  shall  be  found  also,  that  in  tho  operations 
which  shall  have  produced  it.  humanity  shall  have  gained 
new  and  important  advantages.  Commending  ourselves  to 
your  prayers,  and  to  the  prayers  of  all  who  desire  the  wel 
fare  of  our  country  and  of  mankind,  I  tender  you  the  sin 
cere  thanks  of  my  associates,  with  whom  1  have  the  honor 
to  remain  gentlemen,  your  very  obedient  servant, 

WILLIAM  II.  SEWARD. 

PHILADELPHIA    BAPTIST  ASSOCIATION,      1864. 

October  4 — Tlip  TWlv  met,  and  adjourned 
October  6.  During  the  session,  Rev.  D.  C. 
Eddy,  D.  D.,  presented  the  report  of  the  Com 
mittee  on  the  State  of  the  Country,  which  was 
unanimously  adopted,  as  follows  : 

Whereas,  the  gigantic  rebellion  which  has,  for  more  than 
three  years  been  deluging  the  land  with  fratricidal  blood, 
and  sacrificing  thj  lives  of  fathers,  brothers  and  sons,  re 
mains  unsubdued;  therefore, 

Resolved,  That  it  becomes  us,  on  this  as  on  every  proper 
occasion,  to  express  our  unswerving  loyalty  to  the  Govern 
ment,  our  confidence  in  the  perpetuity  of  the  Union,  and 
our  steady  adherence  to  the  Constitution  and  the  laws. 

li.  That  while  a  single  armed  foe  remains  on  our  soil,  or 
a  single  finger  is  lifted  against  the  Government  of  our 
country,  or  a  single  element  of  treason  menaces  our  na 
tional  existence,  it  becomes  the  duty  of  all  Christians  to 
sink  party  considerations  in  a  firm,  hearty,  united  support 
of  those  whom  God  in  his  providence,  and  tho  people  in  the 
exercise  of  the  elective  franchise,  have  placed  at  the  head 
of  the  Government,  and  who  are  striving  to  crush  the  re 
bellion  and  restore  the  unity  of  the  States. 

3.  That  whatever  dire  calamity  may  fall  upon  the  States 
in  rebellion,  however  severe  may  be  the  penalties  of  war, 
however  bitter  and  heartrending  the  condition  of  besieged 
cities  and  desolated  communities,  they  only  are  responsible 
who  have  lifted  the  sword  of  anarchy  against  a  righteous 
Government ;  and,  if  they  perish,  their  blood  will  be  upon 
their  own  heads. 

4.  That  American  slavery  (never  to  be  justified  by  the 
mild,  temporary,  patriarchal  servitude  of  the  Old  Testa 
ment),  the  enormity  and  brutality  of  which  has  few  paral 
lels  in  the  history  of  ages,  lies  at  the  basis  of  the  wicked 
attempt  to  overthrow  the  Government,  is  responsible  for  the 
bloodshed  and  crime  of  the  past  three  years,  and  should  be 
held  a'-countable  before  God  and  man  for  every  life  sacri 
ficed  and  everv  drop  of  blood  shed. 

5.  That  no  permanent  peace,  no  lasting  Union,  and  no 
public  safety  can  be  expected  while  slavery  exists;  and  as 
an  outlaw  upon  civilization,  a  pirate  on  human  rights,  the 
foe  of  God  and  man,  alike  the  enemy  of  the  white  and 
black,  it   should  be  utterly,  immediately,  unconditionally 
and  eternally  blotted  out,  as  one  of  the  foulest  stains  that 
ever  rested  upon  any  civilized  land. 

6.  That  the  only  'road  to  peace,  and  the  only  hope  of 
Union,  lie  in  the  subjugation  of  the  rebellion,  tho  exter 
mination  of  its  cause,  and  tho  overthrow  of  its  supporters; 
and  therefore,  until  the  necessity  ceases,  we  should  welcome 
taxation,  sacrifice,  and  if  needful,  universal  conscription — 
our  motto  being  "  First  Christ's,  then  our  country's  !  " 

7.  That,  in  the  successes  which  have  crowued-the  Union 
army,  wo  recognize  the  hand  of  God,  who  only  can  "  or 
ganize  victory:"    that  our  most  earnest  thanksgiving  be 
returned  to  Him.  while  we  pray  that  in  His  infinite  grace  He 
will  roll  on  the  tide  of  success,  and  hasten  the  day  when 
rebellion  shall"    be  conquered,    slavery    abolished,    peace 
restored,  the  law  vindicated,  the  national  honor  maintained, 
and  the  spirit  of  Christ  shall  unite  North  and  South  in  one 
holy  brotherhood. 

8.  That  any  compromise  between  the  Government  and 
the  States  in  rebellion,  which  would  revoke  tlie  proclama 
tion  of  pmanripation,  and  doom  again  to  bondage  a  race, 
one  hundred  thousand  of  whose  swns,  clad  in  the  uniform  of 
the  republic,  have,  gone  into  the  carnage  of  battle,  display 
ing  a  heroism  which  has  won  the  admiration  of  the  nation 
which  has  never  recognized  their  manhood,  and  to  restore 
the  flng  which  has  never  given  them  the  protection  of  cit- 
i/euship,  would  be  so  infamous  as  to  provoke  the  scorn  and 
merit  the  denunciation  of  the  whole  Christian  world. 


tered;  Itt  them  also  that  hate  him  flee  before  him.  As 
smoke  is  driven  away,  so  drive  them  away;  as  wax  meltetli 
before  the  fire,  so  let  the  wicked  perish  at  the  presence  of 


The  Moderator  and  Clerk  were  instructe  1  to  convey  a 
copy  of  the  report  to  the  Secretary  of  State  of  the  United 
States,  a»id  also  tho  Governor  of  Pennsylvania. 

PENNSYLVANIA  BAPTIST  CONVENTION,  1862. 

November  25 — The  body  met  at  Ilarrisburg. 
November  26 — Rev.  Dr.  Loomis,  Rev.  S.  G. 
Chace,  and  Rev.  Dr.  Jeffery  were  appointed  a 
Committee  on  the  State  of  th'1  Country,  and, 
same  day,  reported  tb^re  resolutions,  which 
were  unanimously  s;dopted  : 


,  That  this  Convention,  representing  40.000  of  tho 
citizens  of  Pennsylvania,  mindful  in  the  present  national 
crisis  of  our  solemn  duties  to  our  country  and  our  God, 
hereby  declare  our  profound  conviction  of  the  intimate- 
relation  there  is  between  the  cause  of  human  liberty  and 
the  cause  of  pure  religion,  and  :ilso  our  set  purpose  as 
citizens,  as  Christians,  and  as  Christian  ministers,  to  em 
ploy  our  whole  influence  in  supporting  the  supremacy  of 
our  National  Constitution  against  all  enemies  whatsoever. 

2.  That  as  the  institution   of  Slavery  stands  before  the 
world  as  the  confessed   feeding    source  of   the    present 
mighty  and  wicked  Rebellion  against  our  National  Consti» 
tution,  we  most  heartily  approve  of  the  President's  Procla 
mation  of  Emancipation,  without  modification  in  substance, 
and  without  change  of  time  in  its  execution. 

3.  That  a  copy  of  these  resolutions,  duly  authenticated, 
be  forwarded  to  the  President  of  the  United  Stales. 

PENNSYLVANIA  BAPTIST  CONVENTION,    1863. 

October  27 — The  body  met  at  Salem,  West' 
moreland  county  Sam')  day,  Mes-rs.  Mirick, 
Chace,  McNeill,  J.  W.  Smith,  Wilder,  and  Cra 
mer  wera  appointed  a  Committee  on  the  State 
of  the  Country. 

October  28 — They  reported  resolutions,  which 
were  amended  eo  as  to  read  as  follows,  and 
were  adopted : 

Whereas,  The  history  of  Baptists  is  interwoven  with  the 
history  and  triumphs  of  civil  and  religious  liberty ;  and 

"Whereas,  Our  national  Government  grew  out  of  Baptist 
polity,  exemplified  by  men  of  whom  Roger  Williams  was 
the  type  at  the  North,  and  a  little  Baptist  clmrch  near  the 
residence  of  Thomas  Jefferson,  from  whom  he  declared  he 
obtained  his  first  ideas  of  Republican  Government,  was 
the  typo  at  the  South  : 

Resolved,  That  we  should  be  derelict  to  our  principles  as 
Baptists,  and  unworthy  sons  of  worthy  sires,  if,  in  this 
crisis  in  our  existence,  we  withheld  our  support,  influence, 
and  sympathy  from  our  Government. 

2.  That  it  is  our  duty,  both  as  citizens  and  Christians,  to 
speak  boldly  our  sentiments  with  regard  to  the   causes  of 
the  existing  rebellion,  that  ministers  should  speak   boldly 
on  the  subject,  and  that  those  who  take  offence  at  such 
utterances  are  unworthy  of  a  place  in  the  Christian  church. 

3.  That  we,  the  members  of  this  Convention,  as  patriots, 
as  Baptists,  and  as  Christians,  do  express  our  unqualified- 
support  of  our  National  and  State  Governments,  in  their 
efforts  to  suppress  the  present  rebellion. 

4.  That  we  have  occasion  for  gratitude,  that  not  only  the 
full  apostolic  proportion  of  eleven-twelfths  of  the  Christian 
ministry  among  us  are  truly  loyal  Government  supporters, 
but  that  the  mass  of  the  piety  of  our  churches  and  the  in 
telligence  of  our  country  occupy  the  same  position. 

5.  That  the  recent  victories  at  the  ballot-box  should  be 
accepted  with   thanksgiving  to  God,   as  exhibiting    tho 
loyalty  of  the  people,  and  as  an  evidence  of  the  continued 


ie  peop 
od  on 


blessing  of  God  on  us  as  a  nation. 

6.  That  in  the  President's  Proclamation  of  Emancipation, 
made  valid  by  the  exigency  which  called  it  forth,  and  in 
his  recent  declaration  to  abide  by  it,  we  see  the  progress  of 
Christ's  kingdom,  which  will  proclaim  liberty  to  all  the 
earth. 

7.  That  we  urge  the  churches  throughout  the  Common 
wealth   to  observe  the  last  Thursday  in  November  next, 


478 


APPENDIX. 


according  to  the  recommendation  of  the  President,  as  a  da 
of  public  Thanksgiving  to  God. 

Sam*  day — This  resolution,  offered  by  Re\ 
J.  Wheaton  Smith,  was  adopted: 

Whereas,  Rev.  Joseph  Smith,  an  enrolled  delegate  to  thi 
body,  has  declared,  in  our  hearing,  his  belief  that  the  Go: 
pel  has  no  balm  for  our  beloved  and  bleeding  country,  an 
that,  in  his  public  ministrations,  he  finds  no  place  for  allu 
NOUS  to  our  national  griefs;  therefore, 

Retolyed,  That  we  commend  our  brother  to  a  bette 
reading  of  his  Master's  message,  and  to  broader  views  < 
pulpit  ministration. 

OHIO  BAPTIST  CONVENTION,   1862. 

October— The  body  met,  and  passed  thes 
resolutions,  prepared  by  Rev.  Dr.  M.  Stone 

Whereas,  The  powers  that  be  are  ordained  of  God,  and  h 
that  resisteth  the  power,  resisteth  the  ordinance  of  God 
and  is  threatened  with  damnation:  therefore  be  it 

M-xriceil ,  That  it  i.s  our  right  and  duty,  as  a  body  o 
Christian  citizens,  in  these  times  of  rebellion  against  on 
ncent  Government,  to  tender  our  hearty  sympathy  an. 
support  to  those  who  are  intrusted  with  it. 

•2.  That  we  will  a-cord  a  cheerful  and  earnest  support  t< 
our  ru  ers  and  our  armies  in  their  endeavors  to  crush  tin 
wicked  rebellion,  until  that  object  shall  be  accomplished 
and  peace  and  order  restored;  and  that  we  will  offer  111 
our  prayers  and  supplications  daily  to  the  Sovereign  Dispose 
ot  events  for  his  interposition  in  this  behalf. 

.  rhatsince  thepresent  terriblecivil  war  was  begun  by  on 

enemies  without  any  just  cause  or  provocation,  for  the*  pur 

>,ot  extending,  strengthening,  and  perpetuating  the  wicket 

institution  of  slavery,  again.st  the  moral  sense  of  the  civi  Jizei 

world,  and  though  in  the  beginning  wo  had  no  intention  o 

mu-ricnng  with  the  institutions  of  the  rebellions  States  v,. 

the  progress   of  the  war  clearly  indicates   the  purpose  o 

oil  to  be  the  summary  extinction  of  slavery,  therefore  we 

Approve  tho  late  proclamation  of  liberty  of  our  President 

and  we  w:  1  sustain  him  in  carrying  out  that  proclamation 

.ill  our  oeloved  country  shall    be  purged   of  the  uccum-i 

lot,  both  the  cause  of  the  war  and  the  chief  means  in  oui 

enemy  s   hands  of  carrying  it  on,  and  will  stand  by  our 

country  in  the  adoption  of  such  further  measures  as  mav 

l>e  neccessary  to  put  an  end  to  this  great  rebellion. 

NEW  YORK  BAPTIST  CONVENTION,    1862. 

October  7 — The  body  met  in  Ithaca,  and 
unanimously  adopted  the  following: 

Whereas,  The  civil  war  which  was  in  progress  in  our 
country  at  our  last  annual  meeting  is  still  in  existence 
threatening  the  destruction  of  our  Government,  with  all 
the  precious  interests  it  involves ;  therefore, 

Resolved,  That,  as  a  religious  body,  we  deem  it  our  duty 
to  cherish  and  manifest  the  deepest  sympathy  for  the  pre 
servation  and  perpetuity  of  a  Government  which  prote-ts 
us  in  tho  great  work  of  Christian  civilization. 

2.  That,  in  our  opinion,  the  history  of  civil  governments 
furnishes  no  example  of  more  audacious  wickedness  than 
is  exhibited  by  the  rebellion  which  has  been  inaugurated 
against  the  free  government  framed  by  our  fathers,  and  so 
eminently  in   harmony  with   the  conscious  and  obvious 
rights  of  man. 

3.  That  while  we  see,  with  the  profoundest  sorrow,  thou- 
san '.s  of  husbands,  fathers,  brothers,  and  sons  falling  on 
the  battle-field,  considering  the  interests  to  be  preserved 
and  transmitted  to  future  generations,  wo  cannot  regard 
the  sacrifice  of  treasure  and  of  life  too  much  for  the  object 
to  be  secured. 

4.  That  as  human  slavery  in  the  Southern  portion  of  our 
country  is,  iu  our  judgment,  the   procuring  cause  of  the 
rebellion  now  raging  among  us.  having  been  proclaimed  as 
the  corner-stone  of  the  rebellion  and  as  the  institution  for 
which  they  are  fighting,  as  Christian  men  and  citizens  wo 
fully  and  heartily  endorse  the  recent   proclamation  of  the 
President  of  the   United  States,  declaring  forever  free  all 
fclaves  in  tho  rebel  States  on  tho  1st  of  January,  1863. 

5.  That  the  spirit  of  the  age,  the  safety  of  the  country, 
and  the  laws  of  God  require  that  among  tho  results  of  the 
present   bloody  war  shall  be  found  the  entire  removal  of 
that  relic  of  barbarism,  that  bane  and  shame  of  the  nation, 
American  'slavery,  and  that  the  banner  of  freedom  float 
triumphantly  bK&truthfuUy  ov«>r  all  the  land. 

6.  That  the  foregoing  preamble  and  resolutions  be  signed 
by  the  officers  of  tho  Convention,  and  transmitted  to  the 
President  of  tho  United  States. 

AMERICAN  BAPTIST  MISSIONARY  UNION,    1863. 

May— The  body  met  in  Cleveland,  and  adopt- 


ed  the  following  paper,  reported  from  the  Com 
mittee  by  Rev.  Dr.  Dowlirig: 

Whereas,  The  officers  and  members  of  the  American  Baptist 
Missionary  Union,  at  their  last  annual  me<-tin-  in  si-.v  is 
unanimously  adopted  a  series  of  resolutions,  cliaractoriiimr 

the  war  now  waged  by  the  national  Government  to Viit 
down  the  unprovoked  and  wicked  rebellion  that  has  risen 
against  it,  and  to  establish  anew  the  reign  of  orderand 
aw  ae  as  a  most  righteous  and  holy  one,  sanctioned  alii-,, 
by  God  and  all  right-thinking  men;'  ai-d  also  express  vl 
of  their  conviction  that  «  the  principal  cause  and  origin  of 
this  attempt  to  destroy  the  Government  has  been  the  insti 
tution  of  slavery:  and  that  a  safe,  solid,  and  lasting  p(.a<-o 
therefore6  CXpected  short  of  its  comP^te  overthrow;" 

Resolved,  That  the  developments  of  the  year  since 
elapsed,  m  connection  with  this  attempt  to  destroy  the 
best  Government  on  earth,  have  tendrd  only  to  deenen 
our  conviction  of  the  truth  of  the  sentiments  which  we 
then  expressed,  and  which  we  now  and  here  solemnly 
reiterate  and  reaffirm. 

2.  That  the  authors,  aiders,  and  abettors  of  this  slavehold 
ers  rebellion, in  their  desperate  efforts  tonationalixe  the  in 
stitution  of  slavery  and  to  extend  its  despotic  sway  th-ou«-h- 
out  the  land,  have  themselves  inflicted  on  that  institution  a 
series  of  most  terrible,  and  fatal,  and  suicidal  blows,  from 
which,  we  believe,  it  can   never  recover   and  they  h-ivc 
themselves  thus  fixed  its  destiny  and  hastened  its 'doom  • 
and  that  for  thus  overruling  what  appeared  at  first  to  bo  a 
terrible  national  calamity,  to  the  production  of  results  so 
unexpected  and  glorious,  our  gratitude  and  adoration  are 
due  to  that  wonder-working  God  who  still  "maketh  the 
wrath  of    man   to  praise   Him,   while   the    remainder  of 
wrath  lie  restrains."— Psalm  Ixxvi.  10. 

3.  That  in  the  recent  acts  of  Congress,  abolishing  slaverv 
forever  in  the  District  of  Columbia  and  the  Territories  and 
in  the  noble  proclamation  of  the  President  of  the  United 
States,  declaring  freedom  to  the  slave  in  Staff  sin  rebellion 
we  see  cause  for  congratulation  and  joy,  and  we  think  we 
behold  the  dawn  of  that  glorious  day  when,  as  in  Israel's 
ancient  jubilee,  "liberty  shall  be  proclaimed  throughout  all 
the   land,  unto  all   the    inhabitants    thereof."— Leviticus 
xxv.  10. 

4.  That  as  American  Christians  we  rejoice  in  the  growin* 
sympathy  of  the  enlightened   portion  of   our  Christian 
brethren  in  Great  Britain  and  other  European  nations  with 
the  Government  and  people  of  the  United  States  in  this 
righteous  war.  and  that  while  we  cordial  1  v  thank  our  friends 
UTOSS  the  water  for  all  expressions  of  their  confidence  and 
ipproval,  we  embrace  this  opportunity  of  asstirin--  them 
that,  within  our  judgment,  the   United   States  possesses 
within  herself  the  means,  the  men,  and  the  courage  neces 
sary  for    the    suppression    of   this    rebellion,    and    that 
while  we  ask  no  assistance  from  other  nations,  we   will 
jrook  no  intervention  or  interference  with  our  national 
iffairs  while  engaged  in   this  arduous  struggle,  which  wu 
jelieve    will    soon   be    completely    successful    in   utterly 
suppressing  and  subduing  this  rebellion. 

5.  That  we  hereby  pledge  ourselves  as  ministers,  and  as 
Christians   and  patriots,  to  sustain   the  President  of  the 
United   States  and  his  associates  in  the  administration  by 
>ur  prayers,  our  influence,  and  our  personal  sacrifices,  till 
his  rebellion  shall  be  subdued,  and  peace,  upon  the  basis 
f  justice,  freedom,  and  Union,  shall  be  again  restored. 

LUTHEBAN. 

GENERAL  SYNOD  OF  1862. 

May  1 — This  body  met  in  Lancaster,  Pa. 

May  6 — The  Committee  on  the  State  of  the 
Jotmtry,  through  the  Chairman,  submitted  ibis 
liuute,  which  was  taken  up  seriatim,  discussed, 
nd  adopted  The  Committee  were :  W.  A. 
'assavant,  C.  P.  Krauth,  H.  H.  Vandyke,  E. 
V.  Hutter,  G.  F.  Stelling,  B.  C.  Suesserott,  F. 
L  Muhlenberg,  B.  Pope,  D.  Sell,  H.  Egge*s,  C. 
tar<zman,  J.  G.  Morris,  G.  A  Lintner,  S.  Phil- 
on,  W  H.  Harrison,  A.  R.  Howbert,  J.  A. 
Cunkelman,  S.  W.  Harkey,  W.  G.  Barter  H 
Veils,  A.  M.  Geiger,  A.  Killer : 
Whereas  our  beloved  country,  after  having  long  been 
.vored  with  a  degree  of  political  and  religious  freedom, 
scnrity  and  prosperity,  unexampled  in  the  history  of  (he 
orld,  now  finds  itself  involved  in  a  bloody  war  to  suppress 
i  armed  rebellion  against  it-* lawfully  constituted  Goyern- 
lent;  and  whereas  the  Word  of  Cod, "which  is  the  sole  rule 
f  our  faith  and  practice,  requires  loyal  subjection  to  -'the 
owers  that  be,"  because  they  are  ordained  of  God,  to 


APPENDIX. 


479 


be  a  terror  to  evil-doers  and  a  praise  to  those  who  do  well, 
and  at  the  same  time  declares,  that  they  who  "  resist  tbe 
power"  shall  receive  to  themselves  condemnation ;  and 
whereas  we.  the  representatives  of  the  Evangelical  Luther 
an  Synods  of  the  United  States,  connected  witli  the  General 
Synod,  assembled  in  Lancaster,  Pennsylvania,  recognize 
it  as  our  duty  to  give  public  expression  to  our  convictions 
of  truth  on  this  subject,  and  in  every  proper  way  to  co 
operate  with  our  fellow-citizens  in  HUBtaining  the  great  in 
terests  of  law  and  snithority,  of  liberty  and  righteousness; 
be  it  therefore 

Resolved,  That  it  is  the  deliberate  Judgment  of  this  Syn 
od,  that  the  rebellion  against  the  constitutional  Govern 
aient  of  this  land  is  most  wicked  in  its  inception,  unjusti 
fiable  in  its  cause,  unnatural  in  its  character,  inhuman  in 
its  prosecution,  oppressive  in  its  aims,  and  destructive  in 
its  re.snl.ls  to  the  highest  interests  of  morality  and  religion. 

2d.  Tiiat,  in  the  suppression  of  this  rebellion  and  in  the 
maintenance  of  the  Constitution  and  the  Union  by  the 
sword,  we  recognize  an  unavoidable  necessity  and  a  sacred 
duty,  which  the  Government  owes  to  tbe  nation  and  to  the 
world,  and  that,  therefore,  we  call  upon  all  our  people  to  lift 
up  holy  hands  in  prayer  to  the  God  of  b  itt  es,  without 
personal  wrath  against  the  evil  doers  on  the  one  hand,  and 
without  doubting  the  righteousness  of  our  cause  oa  the 
uther,  that  He  would  givo  wisdom  to  the  Pn-sident  and 
his  couim  llors,  and  succi'ss  to  the  army  and  navy,  that  our 
beloved  land  may  speedily  be  delivered  from  treason  and 
anarchy. 

3!.  That  while  we  regard  this  unhappy  war  as  a 
righteous  judgment  of  God,  visited  upon  us  because  of  the 
individual  and  national  Mns,  of  which  we  have  been  guilty, 
we  .,ev»-nheless  regard  this  rebellion  as  more  immediately 
the  natural  result  of  the  continuance  and  spread  of  domes 
tic  slavery  in  our  land,  and  therefore  hail  with  unminglcd 
joy  the  proposition  of  our  Chief  Magistrate,  which  has 
received  the  sanction  of  Congress,  to  extend  aid  from  the 
General  Government  to  any  State  in  which  slavery  exists, 
which  shall  deem  fit  to  initiate  a  system  of  constitutional 
emancipation. 

4th.  That  we  deeply  sympathize  with  all  loyal  citizens 
and  Christian  patriots  in  the  rebellious  portions  of  our 
country,  and  we  cordially  invite  their  co-operation  in  offer 
ing  united  supplications  at  a  Throne  of  Grace,  that  God 
would  restore  peace  to  our  distracted  country,  re-establish 
fraternal  relations  between  all  the  States,  and  make  our 
•land  in  all  time  to  come,  the  asylum  of  the  oppressed,  and 
the  permanent  abcde  of  liberty  and  religion. 

5th.  That  our  devout  thanks  are  due  to  Almighty  God  for 
the  success  which  has  crowned  our  arms,  and  while  we 
praise  and  magnify  His  namo  for  the  help  and  succor  He 
has  graciously  afforded  our  laud  and  naval  forces,  i  n  en 
abling  them  to  overcome  our  enemies,  we  regard  these  to 
kens  of  His  divine  favor  as  cheering  indications  of  the  final 
triumph  of  our  cause.  . 

These  resolutions  were  presented  to  Pre 
sident.  LINCOLN  by  a  Committee,  ccn«;sting  of 
Drs.  Steraberg,  Lintner,  Pohlman,  and  Stork,  and 
H.  H.  Vandyke.  The  Chairman  thus  addressed 
him  : 

Mr.  PRKSIDENT:  We  have  the  honor,  as  a  committee  of 
the  General  Synod  of  the  Lutheran  Church  in  the  United 
States,  to  present  to  your  Excellency  a  copy  of  the  pream 
ble  and  resolutions,  in  reference  to  the  state  of  the  country, 
a  lopted  by  that  body  at  its  late  session  in  the  city  of  Lan 
caster,  Pennsylvania. 

We  are  further  charged  to  assure  you  that  our  fervent 
prayers  shall  ascend  to  the  God  of  nations,  that  Divine  guid 
ance  and  support  may  be  vouchsafed  to  you  in  the  trying 
and  responsible  position  to  which  a  benignant  Providence 
has  called  you. 

With  your  permission  the  llev.  Dr.  Pohlman,  of  Albany, 
New  York,  will  briefly  express  to  you  the  sentiments  which 
animated  the  committee  and  the  church  they  represent  in 
view  of  the  present  crisis  in  our  national  affairs. 

The  Rev.  Dr.  Pohlman,  of  Albany,  New 
York,  in  his  speech,  alluded  to  the  fact  that 
•the  late  session  of  the  General  Synod  of  the 
Lutln  ran  Church  at  Lancaster  was  the  first 
that  had  been  held  since  the  troubles  in  our 
country  commenced;  that  the  General  Synod 
represents  twenty-six  district  synods,  scattered 
over  the  Middle,  Western,  and  Southern  States, 
from  twenty-one  of  which  delegates  were  in 
attendance;  that  from  the  States  in  rebellion 
no  delegates  were  present,  except  one  from 
Tennessee,  who  had,  in  praying  for  the  Presi 


dent,  avoided  arrest  only  in  consequence  of  the 
fact  that  he  conducted  divine  service  in  the 
German  language,  the  vernacular  of  many  in 
the  Lutheran  Church.  He  further  expressed 
his  deep  conviction  that  we  were  greatly  in 
debted  for  the  degree  of  success  that  has 
crowned  the  efforts  of  the  Government  in  quel 
ling  the  rebellion  to  the  prayers  of  Christians, 
and  concluded  by  invoking  the  Divine  bene 
diction  to  rest  on  the  President  and  on  our  be 
loved  country. 

REPLY   OF    THE    PRESIDENT. 

GENTLEMEN:  I  welcome  here  the  representatives  of  the 
Evangelical  Lutherans  of  the  United  States.  I  accept  with 
gratitude  their  assurances  of  the  sympathy  and  support  of 
that  enlightened,  influential,  and  loyal  class  of  my  fellow- 
citizens  in  an  important  crisis,  which  involves,  in  my  judg 
ment,  not  only  the  civil  and  religious  liberties  of  our  own 
de<tr  land,  but  in  a  large  degree  the  civil  and  religious  lib 
erties  of  mankind  in  many  countries'  and  through  many 
nges.  You  well  know,  gentleman,  and  tlio  world  knows 
how  reluctantly  I  accepted  this  issue  of  battle  forced  "upon 
me,  on  my  advent  to  this  place,  by  the  internal  enemies  of 
our  country.  You  all  know,  the  world  knows  the  forces 
and  the  resources  the  public  agents  have  brought  into  em 
ployment  to  sustain  a  Government  against  which  there  has 
been  brought  not  one  complaint  of  real  injury  committed 
against  society  at  home  or  abroad.  You  all  may  recollect 
that  in  taking  up  the  sword  thus  forced  into  our  hands,  this 
Government  appealed  to  the  prayers  of  the  pious  and  the 
good, and  declared  that  it  placed  its  whole  dependence  upon 
the  favor  of  God.  I  now  humbly  and  reverently,  in  your 
presence,  reiterate  the  acknowledgment  of  that  dependence, 
not  doubting  that,  if  it  shall  please  the  Divine  Being  who 
determines  the  destinies  of  nations,  that  this  shall  remain 
a  united  people,  they  will,  humbly  seeking  the  Divine  guid 
ance,  make  their  prolonged  national  existence  a  source  of 
new  benefits  to  themselves  and  their  successors,  and  to  all 
classes  and  conditions  of  mankind. 

The  fol'owing  resolutions  were  also  adopted  : 
Resolved,  That  this  Synod  cannot  but  express  its  most 
decided  disapprobation  of  the  course  of  those  Synods  and 
ministers,  heretofore  connected  with  this  body,  in  the  open 
sympathy  and  active  co-operation  which  they  have  given  to 
the  cause  of  treason  and  insurrection 

Resolved,  That  we  deeply  sympathize  with  our  people  in 
the  Southern  States,  why,  maintaining  their  proper  Chris 
tian  loyalty,  have  in  consequence  been  compelled  to  suffer 
persecution  and  wrong,  and  we  hail  with  pleasure  the- 
near  approach  of  their  deliverance  and  restoration  to  our 
Christian  and  ecclesiastical  fellowship. 

LUTHERAN  GENERAL  SYNOD  OF  1864. 

May  5 — The  body  met  in  York,  Pennsylvania. 

May  11 — The  Committee  on  the  State  of  the 
Country — consisting  of  W.  A.  Passavant,  M.  L. 
Stoever,  A.  Wetzel,  S.  Sentman,  S.  S'echris-,  N. 
W.  Lilly,  G.  A.  Wenzel,  J.  Getty,  S.  L.  Endress,  S. 
Yingling,  F.  Gebhart,  D.  Summers,  S.  Sayford. 
J.  K.  Bloom,  J.  Strayer,  J.  T.  Williams  H.  M. 
Brewer,  D.  J.  Hauer,  C.  F.  Heyer,  T.  W.  Sar 
gent,  W.  Waltraan,  G.  Sehmucker,  J.  I.  Burrell, 
P.  Wieting — presented  this  Minute,  which  was 
taken  up  seriatim,  discussed,  and  unanimously 
adopted  : 

Resolved,  That  having  assembled  a  second  time,  during 
the  prevalence  of  civil  war  in  our  land,  this  Synod  cannot 
separate,  without  solemnly  re  affirming  the  declarations, 
adopted  at  our  last  Convention,  in  reference  to  the  origina 
ting  cause  of  the  rebellion,  the  necessity  of  its  forcible 
suppression,  the  righteousness  of  the  war  which  is  waged 
by  the  Government  of  the  United  States  for  the  mainte 
nance  of  the  national  life,  and  the  consequent  duty  of  every 
Christian  to  support  it  by  the  whole  weight  of  his  influence, 
his  prayers  and  his  efforts. 

Resolved,  That  we  acknowledge  with  profound  gratitr.de 
to  Almighty  God,  the  various  and  important  successes  which 
have  thus  far  crowned  our  arms;  the  merciful  interposi 
tion  of  Providence  in  delivering  us  from  the  invasions  of 
the  enemy,  and  in  protecting  our  homes,  our  churches,  and 
our  institutions  from  the  desolations  of  war;  and  the  cheer 
ing  progress  which  has  been  made  by  the  Government  and 
the  nation,  in  the  recognition  of  the  laws  of  God  and  the 


480 


APPENDIX. 


rights  of  man,  in  the  measures  which  have  been  adopted  for  |  pie,  and  in  the  midst  of  righteous  judgments  hath  remem 


the  suppression  of  the  rebellion. 

Ruiwlvcd,  That  recognising  the  sufferings  and  calamities 
<>]'  war,  as  the  righteous  judgment  of  a  just  God,  visited 
upon  us  lor  our  transgressions,  we  cull  upon  our  pastors 
and  churches  to  unite  wilh  us  in  the  confession  of  our 
many  and  grievous  individual  and  national  sins,  am!  in  fer 
vent'  supplications  for  the  Divine  forgiveness,  that  as  a  peo 
ple  we  may  break  off"  sins  by  righteousness,  and  do  justly, 
iove  mercy,  and  walk  humbly  with  God. 


bered  mercy. 

2.  That  amid  the  rejoicings  of  victory  which  kindle  our 
devotions  and  give  tone  to  our  praises,  still  having  in  re- 
inembrance  the  sins  that  have  brought  upon  the  nation  the 
sufferings  and  sorrows  of  war,  we  will  not  cease  to  watch 
and  to  labor  against  the  reviving  of  these  iniquities  with 
the  prospect  of  peace,  and  will  pray  that  this  overflowing 
scourge  may  sweep  them  utterly  away. 

3.  That,  as  the  momentous  issues  ot  this  long  and  eadlyd 


Retolved,  That  as  peir.iste:it  efforts  are  making  among  us,  ;  contest  are  approaching  their  solution  in  a  combined  strug- 
by  professedly  Christian  writers,  to  prove  from  Hie  Holy  ,  gle  in  the  field  and  at  tho  polls,  we  will  sustain  with  our 
Hcrlpturen  the  divine  institution  of  American  slavery — the  I  votes  the  brave  and  noble  m-n  \vhoaredefendingoiir  liber- 
priucipal  cause  of  this  wicked  rebellion — we,  the  delegates  j  ties  with  their  lives,  and  will  animate  our  f.'llow-*  itizens, 
of  the  Gen*,  al  Synod  of  the  Evangelical  Lutheran  Church  by  every  consideration  of  religious  hope  and  duty,  •  f  devo- 
in  the  United  States,  hereby  express  our  unqualifie  I  con  |  tion  to  country  and  to  liberty,  to  make  the  decision  of  tho 
demnation  of  Piic.h  a  course,  which  claim.-,  the  sancti >n  of  ;  people  on  the  stu  of  November  next  final  and  fatal  to  the 

-     hopes  of  traitors  in  arms  and  conspirators  in  political  coun 


the  merciful  God  and  Fath.:r  of  us  all  for  a  system  of  hu 
man  oppression,  which  exists  only  by  violence,  under 
cover  of  iniquitous  laws. 

On  the  Ust  resolution  the  yeas  and  nays  were 
<~allftd,  aod  were  : 

AYES—  Clerical:  R.  Adelberg,  Peter  Anstadt,  A.  Axline, 

C.  liaird,  J.  B.  Balt/ly,  Gottlieb  Sassier,  Henry  L.Bangher, 

D.  D.,  Win.  M.  Baum,  Peter  Bergstrcsser,  J.  K.  Bloom,  V. 
F    Bolton,  G.  A.  Bowers,  II.  M.  Brewer,  J.  I.  Burrell,  J., 
Grouse,  George   Diehl,   D.  D.,  Michael   Diehl,   S.  Domer, 
J.   C.   Duy.   Daniel   Garvcr,    L.   Gerhard,   J.   W    Goodlin, 
Simeon  W.  Harkey,  D.  D.,  William   II.  Harrison,   D.   D., 

C.  F.  Ifeycr,  Reuben  Kill,  William  Hull,  Michael  Jacobs, 
I).   D.,  James   R.   Keiser,   W.    Kopp,  J.   A.   Kunkelman, 
N.   W.   Lilly,   A.    II.   Lochnian,    D.    D.,    A.    P.    Lud.len, 
G.  Neff,  R.  Neumann,  G.  B.  Ort,  W.  A.  Passavant,  D.  D., 
John  K.  Plitt,   II.   N.   Pohlman,   D.  D.,   Peter    Raby,   P. 
Hi/or,  P.  Suhm,  T.  W.  Sargent,  S.  Sayibrd,  W.  N.   Scholl, 

E.  Schwartz,  S.  Sechrist,  J.  Z.   Senderling,   S.  Sentman, 
M  Shecleigh,  S.  Spree  aer,  D.  D.,  D.  Stock.  T.  Stork,  D.  D., 

D.  Summers,  J.  Swartz,  J.  W.  Swick,  S.  II.  Swingle.  T.  T. 
Titus,  A.  Uebclacker,  N.  Van  Alstine,  W.  Wnltmani  A.  C. 
Wedekind,  II.  Wells.  A.  Wetzel,  P.  Wietinz,  P.  Willurd, 
G.  W.  Wilson,  S.  Yinglin;?,  II.  Ziegler,  D.  D.—  72.     Lay:  J. 
A  ngstadt,  P.  Bishop,  II.  E.  Breckbill,  M.  Buehler,  P.  Burket. 
J  J.Cochran,  S.  L.  Eudress,  J.  11.  English,  David  Fahs,  J.  G. 
Fleck,  F.  Gebhart,  J.  Getty,  M.  Oillett,  J.  Haas,  Win.  M. 
Kemp.D.  Koons,  D.  Kraber,  Hon.  i  has.  Kugler,  G.  W.  Leiseu- 
i  ing,  J.  P.  Lilly,  A.  McFadden,  J.  A.  Miller,  J.  G.  Minuich, 
P.  H.  Moore,  C.  A.  Morris,  A.  F.  Ockershausen,  W.  Pepple, 
M.  Plank,  P.  A.  Shindler,  G.  Schnmeker,  A.  Schock,  J.  G. 
Schultz,  J.  Shawber,  J.  Soliday,  M.  L.  Stoever,  J.  Strayer, 
J.  Teatsorth,  D.  J.  Tritle—  37.     Total—  109. 

ABSENT—  Clerical:  J.  Boetticher,  William  Caldwell,  J. 
B.  Crist,  S.  Curtis,  D.  II.  Focht,  D.  J.  Hauer,  D.  D.,  Wm. 
Hunt,  L.  D.  Maier—  8.  Lay:  P.  S.  Blackwelder.  J.  Comp, 
J.  J.  Culler,  P.  Emerick,  J.  Hamilton,  J.  B.  Hileman,  D. 
R.  Hoxie,  V.  Hummel,  Jr.,  J.  Jordan,  J.  A.  Lawrence,  J. 
Loats,  II.  C.  Peters,  J  Plank,  E.  Roessler,  J.  G.  L.  Schindel, 
A.  K.  Seem,  J.  J.  Sipperly,  C.  Yeager—  18.  Total—  26. 

There  are  several  Synods  not  in  connection 
with  the  General  Synod.  No  one  has  taken 
action  adverse  to  that  of  the  General  Synod 


cil. 

4.  That  our  hopes  for  the  preservation  of  our  liberties  a 
a  nation,  and  for  the  complete  emancipation  of  the  African 
race  in  the  South,  depend,  under  God,  upon  sustaining  tho 
Government   in    upholding    the    integrity   of  the    Union 
through  all  the  trials  and  doubts   and  disasters  of  the  war, 
and  in  that  policy    which   looks   to  '•  the  abandonment  of 
slavery"  as  the  condition  of  permanent  union  and  peace.- 

5.  That,  while  we  solemnly  pledge   ourselves  before  God 
to  fill  up,  in  our  measure,  that  which  is  behind  of  suffering 
and  of  sacrifice  for  the  redemption  of  the  nation,  and  with 
unfaltering  purpose  to  sustain  the  Government  in  subjuga 
ting  the  rebellion,  we  will  pray  day  by  day  for  the  coming 
of  peace,  untarnished  by  concession  to  treison  or  by  coin- 
_  romise  with  wrong  and  established  injustice,  in  liberty 
ind  unity  forever. 

JOSEPH  P.  THOMPSON, 
RAY  PALMER, 
RICHARD  OSBORN, 
DAYID  HUESTIS, 
THADDEUS  S.  HOYT, 
L.  SMITH  IIOBART, 
H.  M.  DIXON, 

Cvmmittee. 


CONGREGATION  AL. 

GENERAL  ASSOCIATION  OF  NEW  YORK,  NEW  JERSEY, 
AND  PENNSYLVANIA,   1864. 

The  General  Association  of  the  Congrega 
tional  Ministers  and  Churches  of  New  York 
has  connected  with  it  about  twenty  churches  in 
New  Jersey  and  Pennsylvania.  At  the  meeting 
in  September,  Rev.  Dr.  Thompson,  from  the 
Committee  on  the  State  of  the  Country,  re 
ported  a  set  of  resolutions,  which  were  adop 
ted  unanimously  by  a  rising  vote,  given  with 
much  enthusiasm,  and  Drs.  Thompson  and 
Budingtou  were  appointed  a  committee  to  lay 
them  before  the  President  of  the  United  States. 
Rev.  H.  G.  Ludlow  led  in  prayer  of  thanksgiv 
ing  for  the  unanimity  and  spirit  evinced.  The 
resolutions  are  as^follows: 

RRSOLUTIONS  ON  THE  8TA1K  OF  THE  COUNTRY. 

1.  That  the  signal  victories  which  have  crowned  on 
arms,  following  so  close  upon  a  season  of  darkness  and  hu 
miliation,  call  for  present  gratitude  to  Almighty  God,  wlu 
bath  regarded  the  confessions  and  supplications  of  His  peo- 


CONGREGATIONAL  CONFERENCE 
SETTS  1864. 


OF   MASSACHU 


September  13  —  The  conference  met  at  Fall 
iiver. 

September  14  —  The  report  of  the  Committee 

n  the  State  of  the  Country  —  Andrew  L.  Stone, 

D.    D.,    Rev.   Joshua   W.    Wellman,    and    Rev. 

James  H.  Merrill  —  was  unanimously  adopted  as 

follows  : 

Resolved,  That  without  one  feeling  either  of  despondency 
or  of  impatience,  we  watch  the  progress  of  the  armies  of 
the  Union  in  putting  down  the  most  criminal  rebellion  the 
world  ever  saw;  without  despondency,  for  we  believe 
Gfod  is  on  our  side,  and  will  give  us  in  due  time  full  and 
crowning  success,  and  without  impatience,  for  we  have 
been  instructed  to  interpret  hopefully  these  divine  delays, 
and  have  seen  the  issue  ever  widening  and  embracing 
more  and  more  radical  and  precious  revolutions  ana  de- 
iverances. 

Resolved,  That  tbere  can  be  no  effectual  re-establishment 
of  the  national  authority  by  any  negotiation  which  confes 
ses  the  inability  of  the  Government  to  subdue  rebellion  by 
force  of  arms,  and  proposes  terms  of  peace  to  rebels  still 
flying  the  flag  of  defiance. 

Resolved,  That  the  chief  hope  of  rebellion  is  in  the  sym 
pathy  and  distraction  of  a  divided  North,  and  that  tho 
surest  and  shortest  way  to  peace  is  not  to  recall  our  armies 
and  to  relax  our  grasp  upon  the  enemy,  birt  to  present  a 
united  loyal  front,  and  an  unconquerable  determination  to 
prosecute  the  war  till  the  power  of  the  Government  meets 
no  longer  with  armed  resistance. 

Resolved,  That  we  rejoice  in  the  recent  victories  won  by 
our  arms  on  the  land  and  ou  the  sea,jis  at  once  revealing  < 
the  skill  of  our  commanders,  and  the  Valor  and  endurance 
of  our  soldiers  and  sailors,  an3  exhibiting  evidence  of 
<  Hod's  gracious  purpose  to  guide  our  marches  and  to  give 
final  victory  to  our  cause. 

Resolved,  Thar  tho  docility  and  industry,  the  discipline 
and  heroism  of  the  thousands  of  emancipated  slaves. 
whether  in  scenes  of  peaceful  labor  or  wearing  the  uniform. 
of  the  national  soldier,  assert  their  claim  to  all  the  ele 
ments  of  a  noble  manhood,  and  the  increased  respect  and 
confidence  of  all  the  friends  of  their  race  ;  and  that  we  are 
moved  to  regard  them  with  a  more  tender  sympathy,  to 
make  them  a  subject  of  special  prayer,  and  to  do  for  lueu» 
whatever  is  in  our  power. 


APPENDIX. 


481 


Resolved,  That  we  rejoice  in  the  wide  blossoming  and 
harvesting  of  that  public  charity,  by  which  such  streams 
of  treasure  and  so  many  products  of  industry  have  been 
contiibutod  to  the  comfort  and  relief  of  our  soldiers  in 
the  camp,  the  prison-house,  the  hospital,  and  the  field; 
and  in  the  personal  labors  of  so  many  Christian  men  and 
women  in  bearing  those  material  comforts  to  the  beloved 
objects,  and  leading  so  many  souls  to  Christ. 

Resolved,  'ihat  we  believe  it  is  the  duty  of  Christian 
ministers  to  set  forth  by  some  appropriate  public  teaching 
the  importance  of  the  great  principles  at  hazard  in  the  im 
pending  and  progressive  political  struggle,  which  is  to  issue 
in  the  choice  of  our  national  administration  in  such  an 
eventful  crisis  of  our  national  life. 

CONFERENCE  OF  MAINE,  1864. 

June  21 — The  body  met  in  Searsport. 

Sams  day — The  Committee  on  the  State  of  the 
Country — Rev.  Wooster  Parker,  Rev.  Alfred  E. 
Ives,  Kev.  Henry  F.  Harding,  Rev.  Joseph 
Smith,  and  Bro.  Eben.  Steele — made  this  Re 
port,  which  was  unanimously  adopted  : 

Resolved,  That  in  the  terrible  visitation  of  domestic  war, 
we  recognize  the  rod  of  God's  chastisement  for  our  mani 
fold  sirs ;  and  in  its  fearful  and  prolonged  evils,  a  solemn 
admonition  to  humble  ourselves  under  his  mighty  hana — 
to  seek  His  mercy,  and  to  rely  on  Divine  help  for  a  happy 
issue  of  our  national  trouble. 

2.  That  with  devout  gratitude  we  recognize  God's  hand 
L  in  so  ordering  the  course  of  events  as  to  lead  us  to  hope, 
|  w.th   increasing  confidence,  that  slavery  will  be  utterly 
{  annihilated. 

3.  That  we  re-affirm  our  confidence  in  the  general  policy 
of  the  National  Administration,  and  more  than  ever  feel  it 
oar  duty  to  give  the  government  a  cordial  and  earnest  sup 
port  in  thoroughly  suppressing  the  rebellion,  and  restoring 
the  Union  on  the  basis  of  liberty. 

4.  That  as  slavery   has  so   deeply  corrupted  and  dis 
honored  our  Christianity,  and   imperiled  the  life  of  the 
nation,  the-time  has  now  fully  come  when  Christian  patriot 
ism  and  fidelity  to  the  gospel  demand  that  it  should  be 
allowed  no  toleration,  no  shield  or   lurking  place  in  any 
Christian  church. 

5.  That    in    common    with  our  noblest    patriots   and 
purest  statesmen,  we    feel  it  our  duty  to  lend  our  ear 
nest  and  utmost  influence  to  secure  such  a  judgment  of  the 
people,  and  such  an  amendment  of  the  Constitution,  as 
sliail  extinguish  and  prohibit  slavery  in  the  land  forever. 

6.  That  the  care  of  the  Freedmen — a  class  so  long  and 
deeply  wronged — so  numerous,  so  poor,  so  ignorant,  and 
yet  so  loyal;  so  anxious  for  education  and  elevation,  and 
so   capable  of  becoming  good  citizens  and  important  co- 
laborers  in  the  kingdom  ot  Christ,  call  for  the  benevolent 
act:o;i  of  Christians  and  philanthropists  of  this  laud  with 
unsurpassed  urgency  and  promise  of  good. 

7.  That  we  recognize  with  grateful  admiration  the  patri 
otic  self-sacrifice  and  heroic  valor  of  our  fellow-citizens  and 
brethren  who  in  the  army  and  navy  are  struggling  for  our 
nationality,  and  for  all  the  precious  interests  involved  in  it; 
that  we  deeply  sympathize  with  them  in  their  privations 
and  sufferings,  and  with  their  often  bereaved  friends  and 
kindred  ;  that  we  bless  God  for  the  wonderful  work  of  His 
grace  among  them,  and  for  the  succor  and  salvation  the 
gospel  has  brought  them  ;  that  we  pledge  ourselves  to 
stand  by  them  for  the  war,  by  our  labors,  and  contributions, 
and  prayers,  doing  what  we  can  alike  for  their  temporal 
and  spiritual  well-being. 

Similar  resolutions  were  passed  by  all  the 
State  Congregational  Bodies.  There  is  no 
Central  Organization  to  represent  the  church. 

REPLY  OP  PRESIDENT  LINCOLN  TO  THE  RESOLU 
TIONS  OF  THE  GENERAL  CONVENTION  OF  THE  CON- 
GREGATIONALISTS  OF  VERMONT. 

DEPARTMENT  OF  STATE,  WASHINGTON,  July  11, 1862. 
To  Rev.  CLARK  E.  FERRIN,  Moderator,  d-c.: 

SIR:  I  have  the  honor  to  acknowledge  the  reception  of  your 
note  of  the  23d  of  June,  accompanied  by  a  copy  of  resolu 
tions  which  were  unanimously  adopted  by  the  General 
Convention  of  Congregational  ministers  and  churches  re 
cently  assembled  at  Norwich.  In  compliance  with  your 
request,  these  resolutions  have  been  submitted  to  the  Pres 
ident  of  the  United  States. 

I  am  instructed  to  express  his  cordial  thanks  for  the  as 
surance  of  confidence  and  support  thus  tendered  to  him  by 
a  body  so  deservedly  respected  and  widely  influential  as 
the  Congregational  church  of  Vermont. 
31 


The  President  is  deeply  impressed  by  the  fervent  and 
hopelul  patriotism  and  benevolence  which  pervade  the  res 
olutions.  It  is  the  Union  and  the  Constitution  of  this  coun 
try  which  are  at  stake  in  the  present  unhappy  strile  ;  but 
that  Union  is  not  a  mure  stringent  political  band ;  nor  is 
ihat  Constitution  a  lifeless  or  spiritless  political  body.  The 
Union  is  a  guarantee  of  perpetual  peace  and  prosperity  to 
the  American  people,  and  the  Constitution  is  the  ark  of  civil 
and  religions  liberty  for  all  classes  and  conditions  of  men. 

Who  that  carefully  reads  the  history  of  the  nations  lor 
the  period  that  this  republic  has  existed  under  this  Consti 
tution  and  this  Union  can  fail  to  see  and  appreciate  the  in 
fluence  it  has  exerted  in  ameliorating  the  condition  of  man 
kind?  Who  that  justly  appreciates  that  influence  will 
undertake  to  foretell  the  misfortunes  and  despondency 
which  must  occur  on  every  continent  should  this  republic 
desist  all  at  once  from  its  auspicious  career,  and  be  re 
solved  into  a  confused  medley  of  small,  discordant,  and 
contentious  States?  The  duty  of  the  Christian  coincides 
with  that  of  the  patriot,  and  the  duty  of  the  priest  with  that 
of  the  soldier,  in  averting  so  sad  and  fearful  a  consumma 
tion. 

Be  pleased,  sir,  to  express  these  sentiments  of  the  Presi 
dent  to  the  reverend  gentlemen  in  whose  behalf  you  have 
addressed  me,  together  with  assurances  of  profound  re 
spect,  with  which  I  have  the  honor  to  be  their  humble  ^er- 
vant, 

WILLIAM  H.  SEWARD. 

REPLY  OF  THE  PRESIDENT  TO  THE  RESOLUTIONS  OF 
THE  CONGREGATIONAL  WELSH  ASSOCIATION  OF 
PENNSYLVANIA. 

DEPARTMENT  or  STATE,  WASHINGTON,  October  6,  1862. 
To  the  Congregational  Welsh  Association  of  Pennsylvania  : 

REVEREND  GENTLEMEN  :  I  have  had  the  honor  to  receive 
the  resolutions  which  you  have  adopted;  and,  in  compli 
ance  with  your  request,  I  have  submitted  them  to  the  con 
sideration  of  the  President  of  the  United  States. 

The  President  entertains  a  lively  gratitude  for  the  assu 
rances  you  have  given  him  of  your  loyalty  to  the  United 
States,  and  your  solicitude  for  the  safety  of  our  free  insti 
tutions,  the  confidence  you  have  reposed  in  him,  and  your 
sympathy  with  him  in  the  discharge  of  responsibilities 
which  have  devolved  upon  the  Government.  The  President 
directs  me  to  assure  you  that  whenever  the  Constitution  of 
the  United  States  leads  him  in  that  path,  he  will  move  as 
steadily  as  shall  be  possible,  rejoicing  with  yourselves 
whenever  it  opens  the  way  to  an  amelioration  of  the  condi 
tion  of  any  portion  of  our  feilow-men,  while  the  country  is 
escaping  from  the  dangers  of  revolution. 

The  President  is  deeply  touched  by  your  sympathies 
with  those  of  our  fcllow-citizeus  who  suffer  captivity  or  dis 
ease,  and  the  grief  with  which  you  lament  those  who  fall 
in  defence  of  the  country  and  humanity ;  and  he  invokes 
the  prayers  of  all  devotional  men  that  these  precious  suf 
ferings  may  not  be  altogether  lost,  but  may  be  overruled 
by  our  heavenly  Father  to  the  advancement  of  peace  on 
earth  and  good  will  to  all  men. 

I  have  the  honor  to  be,  reverend  gentlemen,  your  obe 
dient  servant, 

WILLIAM  H.  SEWARD. 

CONGREGATIONAL   WELSH   ASSOCIATION    OF    PENN 
SYLVANIA,  1864. 

October — The  Association  met  in  Pittsburg 
and  Brady's  Bend,  and  passed  these  resolutions  : 

1.  That  we  are  highly  grieved  by  the  continuance  of  the 
Rebellion  against  our  Government,  and  the  inhuman  treat 
ment  of  our  gallant  soldiers  by  the  enemy,  into  whose 
hands  they  unfortunately  fell  as  prisoners  of  war — a  treat 
ment  which  is  without  any  model  for  its  cruelty  in  all  his 
tory  of  war. 

2.  That  we  acknowledge  the  goodness  of  tho  Most  High 
in  the  great  success  that  has  fo  lowed  the  arms  of  our  army 
and  navy  in  their  contests  with  the  enemy;  we  feel  that 
the  Lord  hath  invested   them  with  unusual  energy  and 
courage,  and  that  we  shall  look  to  Him  for  the  same  suc 
cess  in  the  future. 

3.  That  we  feel  grateful  to  the  Almighty  for  His  patron  - 
age  to  the  President  of  our  country  in  protecting  his  person, 
and  most  of  all  for  the  wisdom  and  discretion  with  which 
ho  hath  been  pleased  to  invest  him,  and  also  for  prospering 
his  measures  to  such  an  extent. 

4.  That  we  humbly  request  his  Excellency,  the  Presi 
dent,  to  use  all  the  strength  of  the  Government  as  the  most 
efficient  measure  to  subdue  the  rebels,  and  that  no  concili 
ation  shall  be  offered  by  any  gentle  and  tender  means,  for 
that  would  only  continue  the  retelliou. 

5.  That  we  heartily  rejoice  in  the  bright  light  that  radi 
ates  forth  in  the  platform  of  the  Baltimore  Convention  in 


482 


APPENDIX. 


regard  to  the  extension  of  liberty,  and  the  entire  abolition 
•f  human  bondage. 

6.  That  we  congratulate  all  the  friends  of  liberty  on  th" 
great  victory  gained  by  freedom  in  Maryland,  being  a  free 
constitution  was  adopted  by  the  people  of  that  State. 

7.  That  we  shall  endeavor  to  secure  the  re-election  of 
j*-.riK-inr   l.Snnln  u>  the  Presidency  of  our  country,  as  the 
representative;  of  the  great  principles  of  human  liberty  and 
equality. 

D.  R.  DAVIES,  President. 
JOHN  E.  JONES,  Secretary . 

GERMAN  REFORMED. 

PENNSYLVANIA  GERMAN    REFORMED    SYNOD,    1863. 

November — The  body  met  at  P-ttsburg,  and 
unanimously  pa?sed  this  resolution  : 

Resulreil,  That,  in  conformity  with  the  admonition  of 
the  Holy  Scriptures,  and  in  imitation  of  the  example  of 
our  ecclesiastical  fathers  during  the  period  of  the  Revolu 
tion,  this  Synod  admonish  the  pastors  and  members  of  the 
churches  under  its  care,  to  remember  that  the  powers  that 
be  are  ordained  of  God,  and  that  it  is  the  solemn  duty  of 
all  Christians,  enjoying  the  protection  of  such  civil  rulers, 
to  pray  for  them,  and  we  should  feel  especially  obligated 
to  do  to  during  a  time  of  peril  like  that  through  which  our 
beloved  country  is  now  passing. 

PENNSYLVANIA  GERMAN  REFORMED  SYNOD,  1864 

May — The  body  met  in  Reading,  and  passed 
these  resolutions : 

Resolved,  That  this  Convention  deems  it  right  and  pro 
per  to  give  expression  to  the  unfaltering  devotion  with 
which  the  German  Reformed  Church  in  the  United  States 
ha*  hitherto  sustained  the  cause  of  our  common  country, 
and  we  earnestly  urge  upon  our  clergy  and  laity  to  con 
tinue  to  labor  and  pray  for  the  success  of  the  Government, 
in  its  efforts  to  suppress  the  existing  rebellion,  and  to 
restore  peace  and  union. 

•2.  That  we  deeply  sympathize  with  the  brave  soldiers 
and  sailors  who  are  enduring  the  dangers  and  privations 
of  the  military  service,  and  we  earnestly  invoke  the  bless 
ing  of  Almighty  God  upon  them,  and  the  patriotic  endea 
vors  to  uphold  the  honor  of  the  national  flag  and  the  in 
tegrity  of  the  Government. 

The  resolution  of  1863,  above  quoted,  was 
reiterated  by  the  Synod  of  the  Church  in  the 
United  States,  at  its  Annual  Session  in  Lan 
caster,  October,  1864. 

Like  resolutions  were  passed  by  other  State 
Synods. 

REFORMED  PROTESTANT  DUTCH. 

GENERAL    SYNOD    OF    THE    REFORMED    PROTESTANT 
DUTCH  CHURCH,   1863. 

June — The  Synod  met  in  Newburgh,  N.  Y. 
The  Report  of  the  Committee  on  the  State  of 
the  Country — Revs.  Charles  Wiley,  J.  H.  Suy- 
dam,  C.  G.  Vanderveer,  and  Elders  C.  Dusen- 
berry,  and  E.  Andrews — was  adopted,  as 
follows  : 

Whereas,  It  is  the  duty  of  the  Church  of  Christ,  and  of 
all  those  who  minister  at  her  altars,  agreeably  to  the 
teachings  of  the  Scriptures,  and  the  injunctions  of  our 
Btandards  and  formularies  of  doctrine  and  worship,  to 
yield  at  all  times  a  cordial  support,  both  by  precept  and 
example,  to  the  legitimate  Government  of  the  land;  and 
whereas  this  duty  is  especially  incumbent  at  a  period  when 
the  Government  is  assailed  by  armed  violence  and  insub 
ordination,  and  its  very  existence  and  integrity  are  sought 
to  be  subverted  by  a  powerful  and  persevering  rebellion ; 
therefore, 

Resolved,  1.  That  we  tender  to  the  Government  of  tho 
United  States,  and  those  who  represent  it,  the  renewed 
expression  of  our  warmest  and  deepest  sympathy  in  its 
present  protracted  struggle  to  maintain  its  lawful  authori 
ty  and  to  preserve  unbroken  the  integrity  and  union  of 
these  States. 

2.  That  we  hold  it  to  be  our  imperative  duty  as  ministers 
of  the  Gospel  and  members  of  tho  Synod,  while  abstaining 
from  all  unseemlyrfnixing  up  of  ourselves  with  mere  party 
politics,  in  our  own  appropriate  sphere  and  Uy  every  possi 
ble  means  to  strengthen  the  hands  of  the  Government  at 
the  present  imminent  crisis,  wherein  are  put  at  stake  the 
national  life  and  the  noblest  example  and  experiment  of 


constitutional  government  the  world  has  ever  seen:  and 
that  we  will  yield  a  cordial  support  to  all  such  measures,  not 
incompatible  with  the  great  law  of  righteousness,  as  may  be 
necessary  to  suppress  the  existing  rebellion  and  to  assert 
the  complete  authority  of  the  Union  over  all  proper  terri 
tory  and  domain. 

3.  That  we  wiil  hail  with  satisfaction  the  earliest  practi 
cable  period  for  the  introduction  and  establishment  of  a 
salutary  peace — a  peace  founded  on  the  full  ascendancy  of 
law  and  rightful  authority,  and  guaranteed  in  its  perma 
nency  by  the  removal  or  the  sufficient  coercion  and  re 
straint  of  whatever  causes  tend  necessarily  to  imperil  the 
existence  of  the  nation  and  to  endanger  the  preservation 
of  the  Union  ;  and  until  such  a  peace  can  be  obtained,  we 
hold  it  to  be  a  sacred  duty  to  ourselves,  our  children,  our 
country,   the  Church   of  God,  and   also   to   humanity  at 
largo,  to  prosecute  to  the  last  a  war  forced  upon  us  by  an 
imperative  necessity,  and  waged  on  our  part  not  in  hatred 
or  revenge,  but  in  the  great  cause  of  constitutional  liberty 
and  rational  self-government. 

4.  That  we  recognize  devoutly  our  dependence  upon  God 
for  a  happy  issue  and  termination  to  our  present  troubles; 
that  we  accept  with  profound  humility  and  abasement  the 
chastisements  of  His  hand;  that  we  make  mention  of  our 
deep  unworthiness  and  sin;    and  that  we   endeavor,  by 
continual  searching,  repentance,  and  careful   walking  be 
fore  God,  to  conciliate  the  Divine  favor,  so  that  ere  long 
His  heavy  judgments  in  our  national  calamities  may  be 
removed,  and  a  restoration  may  bo  accorded  to  us  of  the 
blessings  of  peace,  fraternal  harmony,  fraternal  union,  and 
established  government. 

The  Synod  directed  the  following  resolutions 
to  be  added  to  the  Report  of  the  Committee  : 

Resolved,  That  we  view  with  admiration  and  gratitude 
those  noble  men,  our  sons,  brothers  and  kindred,  who  have 
periled  and  sacrificed  their  lives  in  tho  present  crisis  in  the 
cause  of  the  country ;  that  we  follow  them  to  the  camp 
and  to  the  fields  with  our  warm  sympathies  and  prayers; 
that  we  pledge  to  them  our  exertions  to  relieve  their 
sufferings,  and  to  smooth,  as  far  as  may  be,  the  rough  ex 
perience  of  war;  that  we  honor  them  while  they  live,  and 
cherish  their  names  and  memory  when  they  die ;  and 
esteem  these  remembrances  and  respects  the  smallest 
return  we  can  make  for  their  personal  sacrifices  in  the 
great  cause  of  Constitutional  liberty,  and  enlightened  and 
national  self-government. 

Resolved,  That  a  copy  of  the  above  resolutions  be  pre 
sented  by  the  President  of  the  Synod  to  the  President  of 
the  United  States. 

GENERAL    SYNOD    OF    THE  REFORMED    PROTESTANT 
DUTCH,     1864. 

June — The  body  met  in  Scheneetady;  and 
the  report  of  the  Committee  on  the  State  of  the 
Country— Rev.  R.  D.  Van  Kleek,  J.  Forsyth,  0. 
E.  Cobb,  and  Elders  T.  Jeremia'i,  and  R.  N.  Per- 
lee — was  unanimously  adopted,  as  follows  . 

In  view  of  the  duty  to  recognize  the  powers  that  be,  aa 
ordained  of  God,  to  render  unto  C»sar  the  things  that  are 
Cassar's ;  to  pray  for  all  men,  for  all  that  are  in  authority, 
that  we  may  lead  a  quiet  and  peaceable  life  in  all  godli 
ness  and  honesty,  and  to  acknowledge  and  adore  the  pro 
vidence  of  God,  especially  in  trying  and  perilous  times, 

1.  That  the  General   Synod    of    the    Reformed    Dutch 
Church  heartily  sympathizes  with  the  government  of  the 
United  States  in  its  efforts  to  crush  rebellion  against  its 
rightful  authority,  and   to  restore  to  this  now  distressed 
people  their  once  cherished  integrity  as  a  union  of  states. 

2.  This  Synod  gives  thanks  to  God  for  all  the  successes 
which  have  attended  the  efforts  to  suppress  this  rebellion; 
and  for  all  tho  encouragements  to   hope  that  peace  may 
soon  be  restored.     And  we  trust  lhat  our  sense  of  gratitude 
to  Him,  the  author  of  all  good,  may  not  be  impaired  by  an 
acknowledgment  of   inexpressible  ami  incalculable  indebt 
edness  to  the  tens  of  thousands  of  our  fellow  citizens,  who 
have  devoted  their  property   and   their  labors,  sacrificed 
their  comforts  and  their  lives,  and  given  up   their  loved 
ones  in  our  defence  and  for  the  salvation  of  their  country. 
May  God  bless  them  with  such  rewards  as  He  only  can 
give.    May  Ho  especially  grant   His  grace,   mercy,    and 
peace  to  the  sick,  the  wounded  and  the  dying. 

3.  Inasmuch  as  all  success  depends  on  the  favor  of  God, 
and  can  be  hoped  for  only  through  His  controlling  influ 
ence  upon  the  hearts  and    His  blessing  upon  the  efforts  of 
the  people  of  our  land,  our  Synod  will  not  cease  to   pray, 
and  it  earnestly   urges  the  Churches   under  its  care  that 
they  cease   not  to  pray  for  repentance  and  forgiveness  of 
all  our  sins,  whether  national  or  otherwise,  for  the  gift  of 
wisdom   to  our  counselors  and   rulers,  skill  to  our  fi~- 
manders,  courage  to  our  soldiers,  and  grace  to  all   the  ^eo- 


APPENDIX. 


483 


p!e,  to  the  end  that  success  may  attend  our  arms,  our 
government  be  maintained,  and  peace  make  its  permanent 
abode  iu  the  land,  if  God  please,  never  more  to  be  dis 
turbed 

4.  In  treating  of  the  present  state  of  our  country,  we 
cannot  lose  »ight  of  the  acknowledged  principal  cause  of 
this  deplorable  rebellion.  In  time  past,  the  General  Synod 
luus  not  deemed  it  necessary  to  give  forth  a  judgment  in  re 
gard  to  the  system  of  American  slavery,  inasmuch  as  it 
existed  in  regions  beyoud  the  bounds  of  our  Church  ;  yet, 
as  in  the  overruling  i'rovidenco  of  that  God  who  knows 
how  to  make  the  wrath  of  man  to  praise  Him,  there  is  a 
prospect  opened  for  the  ultimate  and  entire  removal  of  that 
system  which  embodies  so  much  of  moral  and  social  evil, 
and  as  by  such  removal  there  is  opened  a  wide  field  of 
Christian  labors  to  employ  the  energies  of  the  Christian 
Church  in  this  land,  the  Synod  expresses  its  gratitude  to 
God  for  this  bright  prospect,  and  would  join  in  the  prayer, 
that  the  day  may  be  hastened  when  liberty  shall  be  effec 
tually  and  finally  proclaimed  throughout  ail  the  laud,  to  all 
the  inhabitants  thereof. 

MORAVIAN. 

1861,  May  30 — The  Synod  of  the  Moravian 
Church  adopted  the  following  resolutions  : 

RESOLUTIONS   UPON  THE   STATE   OF   THE   COUNTRY. 

Whereas,  We,  the  Provincial  Synod  of  the  Moravian 
church  of  tho  Northern  District  of  the  United  States,  now 
assembled  at  Litiz,  Lancaster  county,  Pennsylvania,  feel  it 
to  be  just  and  proper,  that,  in  common  with  our  brethren 
of  other  religious  denominations,  we  should  express  our 
deejKJnterest  in  the  present  unhappy  and  gloomy  condition 
of  oflr  once  happy  and  prosperous  country;  inasmuch  as 
it  is  a  duty  enjoined  upon  us  by  the  Head  of  our  church,  in 
tho  commandment  "  to  render  to  Caesar,  the  things  that 
are  Caesar's,  and  to  God,  the  things  that  are  God's ;" — there-  j 
lore 

Resolved,  1.  That,  while,  as  citizens  of  the  United  States, 
and  as  members  of  the  Moravian  church,  wo  deeply  deplore 
the  calamity  of  civil  war  in  our  land,  we  acknowledge  the 
chastening  hand  of  God,  and  humbly  bow  to  the  decrees  of 
Him,  who  holds  the  destinies  of  nations  in  his  hands. 

'2.  That,  while  we  acknowledge,  and  submit  to  that  Power, 
we  also  acknowledge  "the powers  that  are  ordained  of  God" 
river  «.-,  and  therefore  declare  our  continued,  faithful,  and 
unabated  allegiance  to  the  government  and  the  constitution 
of  the  United  States,  and  of  the  several  States  of  which  we 
are  citizens. 

3.  That  in  acknowledging  our  constitutional  government, 
and  the  liberty  and  blessings  which  we  have  been  permit 
ted  to  erjoy  under  it,   we,  as  members  of  the   Moravian 
church,  deem  it  our  duty  to  extend  to  it,  our  hearty  sup 
port  in  its  efforts  and  measures  to  uphold  tho  constitution, 
to  maintain  the  integrity   of  these   United   States,  and  to 
perpetuate  to  ourselves  and   to  our  children,  the  liberties 
ami  blessings  of  our  republican  institutions;  so  that  we,  as 
a  church,  "  may  continue  to  lead  under  them  a  quiet  and 
peaceable  life  in  all  godliness  and  honesty." 

4.  That  we  will  continue  to  unite  in  ardent  prayer,  that 
the  Lord  may  grant  unto   the  government  of  the   United 
States,  in  these  times  of  danger,  His  gracious  counsel,  and 
continue   to   be   the  gracious  Protector  of   these   United 
States,  and  of  our  national  constitution ;  that  lie  may  de 
feat  every  evil  design  against  us,  and  continue  to  show  His 
tender  mercies  unto  these  United  States  as  in  days  past; 
that  He  may  in  his  tender  mercy  stop  the  effusion  of  human 
blood,  and  mako  discord  and  war  to  cease ;  and  that  to 
this  end,  He  may  put  into  tho  hearts  of  all  citizens  of  these 
United  States,  thoughts  of  peace,  that  wo  may  see  it  soon 
established,  to  the  glory  of  his  name. 

5.  That  we   will  in  our  prayers,  also  remember  those, 
who,  iu  obedience   to   the  call  of  their  country,  have  left 
their  families  and  homes,  and  are  gone  forth  to  protect  our 
insulted  flag,  and  in  support  of  our  constitution  and  laws 
— that  tho  Lord  of  Hosts  may  strengthen  and  uphold  them, 
and  in  the  hour  of  distress,  especinlly  when  in  the  arms  of 
death,  prove  to  them  their  only  trust  and  consolation ;  and 
that  He  may  comfort  and  dry  the  tears  of  parents,  of  bro 
thers,  of  sisters  and  of  friends,  and  protect  the  widows  and 
fatherless  children  of  those  who,  by  His  Divine  dispensa 
tion,  sacrifice  their  lives  in   the    cause    of  our    beloved 
country. 

1864— June  3 — In  session  at  Bethlehem, 
Pennsylvania,  it  adopted  the  following  on 

THE  STATE  OP   THE   COUNTRY. 

1.  That  this  Synod  is  profoundly  impressed  ?»ith  the 
peculiar  character  of  the  fearful  and  bloody  war,  now 
raging  in  and  desolating  large  portions  of  our  beloved 
country,  as  an  awful  and  deserved  judgment  of  Almighty 
'k>d  upon  o  IT  people. 


2.  That  this  Synod  regards  it  as  clear  and  unquestionable, 
that  African  slavery  as  it  now  exists  iu  the  Southern  States, 
and  as  formerly  connived  at  by  the  nation  at  large,  is  the 
primary  cause  of  this  war,  not  only  in  having  generally  led 
to  it,  but  in  being  a  great  moral  wrong,  on  account  of 
which,  in  connection   with   other  heinous  sins,  such  as 
covetousness.  pride,  intemperance,  profanity,  Sabbath-break 
ing,  and  the  cruel  and  heartless  conduct  of  our  people  in 
their  treatment  of  the  aborigines    of  our  land,  largely  pre 
valent  in  our  country,  God  is  visiting  the  nation  with  His 
judgments. 

3.  That  this  Synod  recommend  to  our  churches  and  peo 
ple  a  humble  confession  and   hearty  repentance  of  these 
and  all  other  sins  of  which   we  are  guilty,  that  the  judg 
ment  which  has  overtaken  the  nation  may  be  speedily  re 
moved,  and  peace  and  prosperity  restored  to  our  beloved 
country. 

4.  That  this   Synod   emphatically  deprecates  that  inter 
pretation  of  the   Word  of   God,  almost  universal  in  the 
South,  and  still  largely  prevalent  in  the  North,  by  which 
the  Scriptures  of  Truth  are  sought  to  be  perverted  into  an 
instrument  of  oppression,  and  the  pure,  sweet  wine  of  tha 
Gospel  changed  into  gall  and  wormwood. 

5.  That  this  Synod  considers  an   earnest  support  of  the 
Constitution  and  Laws,   which,  in  God's  providence,  have 
come  down  to  us  from  our  forefathers,  as  well  as  an  earnest 
support  of  the  General  and  State  Governments  under  them 
— a  religious  duty  ;  and  that  we,  of  this  Synod,  hereby  ex 
press  our  willingness  to  render  the  constituted  authorities 
of  our  laud  all  the  aid  in  our   -ower  to  subdue  unrighteous 
rebellion,  and  extend  the  righi«  il  authority  of  the  Govern 
ment  over  every  portion  of  our  country. 

PROTESTANT    EPISCOPAL. 

GENERAL    CONVENTION    OF   THE  PROTESTANT  EPIS 
COPAL  CHURCH  IN  THE  UNITED  STATES,   1862. 

October  1 — The  body  met  in  New  York. 

October  4 — Rev.  William  Cooper  Mead,  D. 
D.,  of  Norwalk,  Rev.  Edward  Y.  Higbee.  D.  D., 
of  New  York,  Rev.  William  D.  Wilson, 'D.  D., 
of  Geneva,  Rev.  Silas  Totten,  D.  D.,  of  Iowa 
City,  Rev.  T.  C.  Thrall,  of  Burlington,  N.  J., 
and  Messrs.  Robert  C.  Winthrop,  of  Boston, 
Washington  Hunt,  of  Lockport,  John  N.  Con- 
yngham,  of  Wilkesbarre,  and  Ch:rles  B.  God- 
dard,  of  Zanesville,  were  appointed  a  Commit 
tee  on  the  State  of  the  Country  and  the  Church  ; 
to  whom  were  referred  these  propositions  : 

By  Mr.  F.  R.  Brunot,  of  Pennsylvania  : 

Whereas,  It  has  pleased  the  Supreme  Ruler  of  the  uni 
verse  to  permit  sedition  and  privy  conspiracy  in  our  midst 
to  culminate  in  an  extensive  rebellion  against  the  civil 
power  ordained  by  Him,  and  for  the  just  punishment  of 
our  sins  there  is  war  in  our  land,  friend  against  friend, 
brother  against  brother,  sou  against  father ;  and  whereas, 
a  portion  of  our  brethren  of  the  Church  have  attempted  to 
sever  by  ecclesiastical  enactments  the  visible  bonds  of 
Christian  sympathy  heretofore  existing  between  us  and 
them,  thereby  grievously  rending  the  body  of  Christ  in 
His  Church ;  and  whereas,  we  acknowledge  that  there  is 
no  help  but  from  God,  and  rejoice  that  we  are  permitted 
to  fly  to  Him  for  succor  in  our  sore  distress;  therefore 
be  it 

Resolved,  That  the  House  of  Bishops  is  hereby  requested 
to  set  forth  for  the  use  of  this  Convention  during  its  pre 
sent,  session  a  special  form  of  prayer,  confessing  and  be 
wailing  our  manifold  transgressions,  pleading  for  God's 
forgiveness,  begging  that  it  may  please  Him  to  be  the 
defender  and  keeper  of  our  national  Government,  giving  it 
the  victory  over  all  its  enemies;  that  He  will  abate  their 
and  our  pride,  assuage  their  malice  and  confound  their 
devices,  and,  giving  them  better  minds,  forgive  them  for 
the  evils  they  have  wrought;  that  He  will  restore  our 
national  Union,  bring  back  peace  and  prosperity  to  the 
State,  and  godly  uuity  to  the  Church,  and  that  He  will 
keep  us  thereto  by  His  perpetual  mercy,  to  the  honor  and 
glory  of  His  name. 

This  was  laid  on  the  table  by  this  vote  : 
Of  the  Clergy — ayes,  15;  nays,  5  ;  divided,  1. 
Of  the  Laity— ayes,  11  ;  nays,  4;  divided,  1. 
It  was  subsequently  referred  to  the  Com 
mittee. 

By  Thomas  P.  Carpenter,  of  Camden,  N.  J. : 

Resolvtd,  That  in  view  of  the  danger  of  this  country 

from  civil  war,  the  House  of  Bishops  be  respectfully  re- 


484 


APPENDIX. 


quested  to  prepare  a  form  of  prayar  to  bo  used  during  the 
eession  of  this  Convention. 

By  Mr.  Murray  Hoffman,  of  New  York  : 

Whereas,  A  number  of  the  members  of  the  Protestant 
Episcopal  Church  in  the  United  States  of  America  are  in 
open  resistance  to  the  Government  set  over  them,  and 
others  of  such  members  are  aiding  in  such  unlawful  rebel 
lion;  and  whereas,  the  members  of  this  Church  in  the 
several  States  did,  through  the  agencies  of  parishes,  assem 
blies,  or  convention-),  appoint  deputies  to  a  General  Con 
vention,  in  which,  in  the  year  1789,  they  adopted  and 
declared  a  constitution  for  the  government  of  the  Church; 
and  whereas,  every  one  admitted  to  holy  orders  in  such 
Church  has,  upou  such  admission,  solemnly  engaged  "  to 
conform  to  tho  doctrines  and  worship  of  the  Protestant 
Episcopal  Church  in  the  United  States,"  which  doctrine 
and  worship  was  set  forth  in  the  Book  of  Common  Prayer, 
ratified  in  the  year  1789,  and  declared  to  be  the  Liturgy  of 
the  Church,  and  required  to  be  received  as  such  by  all  'the- 
members  of  the  same:  and  whereas,  it  is  in  such  book 
directed  that  there  shall  be  read  '•  a  prayer  for  the  Presi 
dent  of  tho  United  States,  and  all  in  civil  authority,"  to 
which  tho  people  present  are  bidden  to  say  Amen,  and  to 
which  the  members  of  this  Church  owe  obedience;  and 
whereas,  tho  Convention  of  South  Carolina  did,  in  May, 
1801,  declare  itself  no  longer  under  any  obligation  of 
obedience  to  the  constitution  of  the  Church,  and  permitted 
alterations  in  the  Prayer  Look  to  be  made  by  the  Bishop 
ot  the  diocese,  and  recognized  the  power  of  bodies  other 
than  the  General  Convention  to  change  such  Book,  and,  in 
the  month  of  June,  LSG1,  the  Convention  of  the  dioce.se 
of  Louisiana  did  resolve  that  it  had  ceased  to  be  a,  diocese 
of  the  Protestant  Episcopal  Church  in  the  United  States, 
and,  0:1  the  3d  of  July,  1861,  deputies  from  the  Conventions 
of  the  dioceses  of  South  Carolina,  Georgia,  Florida,  Ala 
bama.  Louisiana,  Arkansas,  Mississippi,  and  Texas  parsed 
the  following  resolution : 

'•Resolved,  That  the  secession  of  tho  States  of  Virginia 
North  Carolina,  South  Carolina,  Georgia,  1'lorida,  Alabama, 
Mississippi,  Louisiana,  Texas,  Arkansas,  and  Tennessee' 
from  tho  United  States,  and  the  formation  by  them  of  a  I 

new  Government,  called  the  Confederate  States  of  Ameri-  j  State,  that  its  deliberations  be  confined"  to 7hiYpoin7  ,ii'd 
ca,  renders  it  necessary  and  expedient  that  the  dioceses  of  j  that  the  introduction  and  discussion  of  all  political  subjects 
ui-1  Protestant  Episcopal  Church  within  these  States  should  I  be  deprecated  and  discouraged,  as  inimical  to  Christian 

unity. 


By  John  W.  Andrews,  of  Columbus : 
Resolved,  That  loyalty  to  the  government  under  which 
we  live  is  a  part  of  the  law  of  the  Protestant  Episcopal 
Chiitvh  of  the  United  States,  and  that  this  convention  pl<>dov3 
its  constituent*  to  stand  by  the  government  to  the  last  in 
the  work  of  putting  down  the  existing  rebellion. 

By  Rev.  George  Le-ds,  D.D.,  of  Philadelphia  : 
Whereas,  The  absence  from  this  convention  of  any  and 
all  representation  from  a  large  number  of  di. ,<•<<.-.•,'  that 
have  hitherto  participated,  under  the  Constitution  of  th :< 
Church,  in  its  general  council,  has  afflicted  our  hearts  with 
grief  and  pain;  and  whereas,  tho  cause  of  this  absence  is 
civil  war  and  rebellion  in  that  portion  of  the  country  in 
which  these  dioceses  are  planted,  against  the  constituted 
authority  of  our  beloved  land  ;  therefore 

Resolved,  That  deeply  as  we  deplore  this  unhappy  strife, 
in  which,  also,  we  recognize  the  just  judgment  of  God  for 
our  many  sins,  and  earnestly  as  we  lament  and  condemn 
the  causes  which  have  brought  it  upon  us,  so  we  also  de 
precate  that  grave  error  of  judgment  which  has  made  it  tho 
occasion  of  severing  the  ties  of  visible  communion  and  fel 
lowship  that  have  hitherto  united  us  in  our  ecclesiastical 
Synod,  and  we  will  not  abandon  the  hope  that  our  absent 
brethren,  guided  by  the  grace  of  God,  will  retrace  their 
steps  ior  the  honor  of  his  name  and  the  benefit  of  his  holy 
church. 

By  Rev.  Alexander  Burgess,  of  Portland  : 
Resolved,  That,   in  view  of  the  afflictive  state  of  our  be 
loved  nation,  the  House  of  Bishops  be  affectionately  request 
ed  to  prepare  for  the  use  of  both  Houses  a  form  of  pftivvr, 
invoking  the  interposition  of  God   to  restore  us  to  peace 
and  prosperity  upon  such  a  foundation  as  he  shall  approve. 
By  Mr.  J.  E.  Warren,  rit.  i-aul,  Minnesota. 
Resolved,  That  the  Protestant  Episcopal  Church  through 
out  the  world  is  one  and  a  united  Church,  and   that  while 
there  is  no  defection  of  faith,  the  unity  of  the  Church  is  not 
violated  or  impaired  by  geographical  lines,  or  national  dis 
integrations,  or  civil  or  political  disturbances. 

Resolved,  That  this  is  a  religious,  and  not  a  political  bodv  • 
that  having  met  to  legislate  1  >r  the  Church,  and  not  for  the 


form,  within  themselves,  an  independent  organization; 

And  did  proceed  to  adopt  and  recommend  for  ratification 
a  Constitution  and  form  of  Government  independent   of 
this  Church  ;  and  in  the  month  of  July,  1862,  the  Conven 
tion  of  the  diocese  of  Virginia  did  adopt  such  Constitution   j 
and   did   assent   to  alterations  of  the  Book  of  Common  I 
Prayer,  and  did  substitute  for  the  prayer  for  the  President  ' 
ot  the  United  States  of  America,  a  prayer  for  one  designa 
ted  as  "  President  of  tho  Confederate  States  of  America  "  in 
open  rebellion  against  such  United  States  ;  therefore    ' 

Retired,  That  the  Protestant  Episcopal  Church  in  the  i 
United  States  of  America  is  alone  the  particular  or  national 
Church  for  all  who  have  acknowledged  themselves  its  mem 
bers,  to  which  authority  is  given,  as  declared  by  the  xxxivth 
Article,  to  ordain,  change,  and  abolish  rites  and  ceremonies. 

That,  in  the  opinion  of  this  House,  all  ministers  and  ! 
other  persons  who  have  voluntarily  united  in  the  acts  and  ; 
proceedings  before  set  forth,  have  fallen  into  the  sins  of : 
rebellion,  sedition  and  schism,  and  have  greatly  offended  ! 
by  thoir  separation  from  this  Church. 

That  the  House  of  Bishops  be  requested,  in  their  pastoral  ! 
letter,  to  call  upon  tho  members   of  the  church  who  have 
wandered  into  these  offences  to  return  to  a  better  mind 
and   all   others  earnestly  to  pray  that  God  in  his  mercy 
would  bring  them  back,  so  that  our  Christian  region  may 
rest  again  in  quiet  and  order,  and  being  once  more  in  godly  ; 
concord,  our  Church,  our  land,  our  government  and  people  ! 
may  be  continually  saved  and  defended  by  his  abounding 
goodness  and  almighty  power. 

And  furl  her  Resolved,  That  the  House  of  Bishops  be  re-  i 
quested  to  revise  the  first  part  of  the  Homily  against  "  Dis-  I 
obedience  and  Wilful  Rebellion,''  su  that  a  i«mion  thereof! 
may  be  read  in  churches  to  the  effect  that  "we  all  make 
continual  prayer  unto  Almighty  God,  even  from  tho  bottom 
.of  our  hearts,  that  he  will  give  his  grace,  power,  and  strength 
unto  the  President  of  the  United  States,  and  all  in  authority 
over  us,  to  vanquish  and  subdue  as  well  rebels  at  home  as 
foreign  enemies,  that  all  domestic  rebellion  being  suppres 
sed  and  pacified,  and  all  outward  invasions  repulsed  and 
abandoned,  wo  may  long  continue  in  obedience  to  our  law 
ful  government,  aud^in  that  peaceable  and  quiet  of  life 
which  hitherto  we  have- had;  and  may  altogether  in  obe 
dience  unto  God,  the  King  of  Kings,  and  unto  his  holy 
laws,  lead  our  lives  so  in  this  world  that  in  the  world  to 
come  we  may  enjoy  his  everlasting  kingdom." 

Resolced,  That  these  resolutions  be  sent  to  the  House  of 
Uwhops. 


October  9— The  Committee  made  the  follow 
ing  unanimous 

REPORT. 

The  Committee  have  been  deeply  impressed  with  the  im 
portance  and  with  the  difficulty  of  the  duty  assigned  to 
them.  They  have  examined  with  care  all  the  various  reso 
lutions  which  have  been  referred  to  them,  ami  have  not  lo.-t 
sight  of  the  subsequent  suggestions,  which  have  been  made 
in  debate,  by  members  of  this  body  from  many  different 
parts  of  our  country. 

In  framing  the  resolutions  which  thev  have  at  length 
after  much  deliberation,  agreed  upon,  they  have  had  three 
leading  objects  in  view.  They  have  designed  to  leave  no 
room  for  honest  doubt,  or  even  for  invidious  misconstruc 
tion,  as  to  the  hearty  loyalty  of  this  body  to  the  govern 
ment  of  the  United  States.  They  have  desired  to  confirm 
and  strengthen  the  unity  of  the  Church,  as  represented  in 
this  convention.  And  they  have  attempted  &o  to  refer  to 
the  course  of  our  brethren  who  are  not  represented  here 
as  to  shut  no  door  of  reconciliation  which  is  still  open,  .m-l 
to  afford  the  best  hope  that  they  may  still  be  induced  to 
reconsider  and  retrace  their  steps,  and  to  renew  their  rela 
tions,  in  Christian  love  and  loyalty,  to  a  common  church 
and  a  common  country. 

Tho  committee  have  felt  that  it  was  not  fit  for  this  con 
vention  to  act  or  to  speak  as  if  they  despaired,  or  in  anv 
degree  doubted,  of  tho  ultimate  restoration  of  the  legiti 
mate  national  authority  over  our  whole  land.  They  ifavo 
felt,  too,  that  the  question  before  them  was  not  so  much  as 
to  what  might  be  done,  or  what  might  be  said,  by  this  body, 
as  a  matter  of  stern  justice,  in  vindication  of  the  authority 
or  the  dignity  of  the  Church,  but  as  to  what  it  wa>  wise  to 
do  or  say  at  this  moment,  consistently  with  our  own  con 
victions,  and  with  a  view  to  preserve,  unbroken  and  undis 
turbed,  every  remaining  link  or  tie  of  religious  association 
and  Christian  sympathy,  which  might  be  of  use  herealt-  r 
in  accomplishing  the  great  end  of  restoring  our  National 
Union. 

The  committee  are  unwilling  to  conclude  their  report 
without  one  other  suggestion.  While  there  could  havct 
been  no  hesitation,  under  any  circumstances,  in  expivs-ji..-, 
now  and  always,  our  earnest  and  abiding  loyalty  and  devo 
tion  to  our  country,  its  constitution  and  its  laws,  and  to  all 
its  July  constituted  authorities,  they  have  felt  that  there  yet 
rested  upon  this  convention  the  most  solemn  obligation 


APPENDIX. 


485 


to  abstain  from  entering  upon  any  narrower  questions, 
which  peculiarly  belong  to  the  domain  of  secular  politics. 
Our  blessed  Lord,  in  declaring  that  his  kingdom  is  not  of 
this  world,  and  in  directing  us  to  render  unto  Caesar  the 
things;  that  are  Csesar's,  has  clearly  taught  us,  that,  whether 
R«  Ministers  or  as  Legislators  and  Councillors  of  his  Church, 
•we  are  to  refrain  from  those  matters  which  he  has  not  coin- 
inirttrl  to  our  care.  There  is,  doubtless,  a  difficulty  in  the 
minds  of  many,  in  clearly  discerning  the  precise  boundary 
lino  between  the  subjects  which  come  within  our  jurisdic 
tion  and  the  proper  sphere  of  duty  as  Christian  ministers 
jui'l  ecclesiastical  councillors,  and  such  as  belong  exclusive 
ly  to  t:ecular  politics.  But  the  committee  can  hardly  doubt 
that  there  will  be  a  general  concurrence  in  the  opinion 
that,  in  this  most  critical  period  In  the  history  of  our 
Church  and  of  our  country,  when  words  are  things,  and 
wh'  n  rash  utterances  at  one  end  of  the  Union  may  co 
operate  with  r;:sh  acts  at  the  other  in  extinguishing  the 
l.est  hopes  which  remain  to  us,  it  is  wise  for  such  a  body  as 
this  t  •  err  0:1  the  safe  side,  if  we  must  err  at  all ;  and  to 
kc'  p  ourselves  clearly  within  the  limits  which  the  Councils 
of  our  Church  have  hitherto  so  uniformly  observed. 

Jn  accordance  with  these  general  views,  the  undersigned 
recommend  the  adoption  of  tho  following  resolutions  : 

Itcsfilved,  By  tho  Housu  of  Clerical  and  Lay  Deputies  of 
this  stated  Triennial  Convention.  That  assembling,  as  we 
h-ive  been  called  to  do,  at  a  period  of  great  national  peril 
and  deplorable  civil  convulsion,  it  is  moot  and  proper  that 
•we  should  call  to  mind,  distinctly  and  publicly,  that  the 
Protestant  Episcopal  Church  in  the  United  States  hath 
ever  held  and  t.iught,  in  the  language  of  one  of  its  Articles 
of  Religion,  th  it  "it  is  the  duty  of  all  men  who  are  pro 
fessors  of  the  Gospel  to  pay  respectful  obedience  to  the 
civil  r.uthority,  regularly  and  legitimately  constituted;"  and 
Lath  accordingly  incorporated  into  its  Liturgy  '•  a  prayer  for 
the  President  of  the  United  States  and  all  in  civil  authority," 
atid  a  -  prayer  for  the  Congress  of  the  United  States,  to  bo 
ULHH!  during  their  session ;"  and  hath  bound  all  orders  of  its 
ministry  to  the  faithful  and  constant  observance,  in  letter 
and  in  spirit,  of  these  and  all  other  parts  of  its  prescribed 
ritual. 

2.  That  we  cannot  be  wholly  blind  to  the  course  which 
has  been  pursued,  in  their  ecclesiastical  as  well  as  in  their 
civil  relations,  since  this  Convention  last  met  in  perfect 
harmony  and  love,  by  great  numbers  of  the  ministers  and 
members  of  this  Church  within  certain  States  of  our  Union 
which  have  arrayed  themselves  in  open  and  armed  resis 
tance  to  the  regularly  constituted  Government  of  our  coun 
try:  and  that  while,  in  a  spirit  of  Christian  forbearance,  we 
refrain  from  employing  towards  them  any  terms  of  condem 
nation  and  reproach,  and  would  rather  bow  in  humiliation 
before  our  common  Father  in  HCMVOII  for  tho  sins  which 
have  brought  His  judgment  on  our  land,  we  yet  feel  bound 
to  declare  our  .solemn   sense  of  the   deep   and  grievous 
wrong  which  they  will  have  inflicted  on  the  great  Chris 
tian  Communion  which  this  Convention  represents,  ad  well 
ad  on  the  country  within  which  it  has  been  so  happily  and 
harmoniously  established,  should  they  persevere  in  striv 
ing  to  rend  asunder  those  civil  and  religious  bonds  which 
luive  HO  long  held  us  together  in  peace,  unity,  and  concord. 

3.  That  while,  as  individuals  and  citizens,  we  acknowl 
edge  our  whole  duty  in  sustaining  and  defending  our  conn- 
try  in  the  great  struggle  in  which  it  is  engaged,  wo  are 
only  at  liberty,  as  Deputies  to  this  Council  of  a  Church 
which  hath  ever  renounced  all  political  association  and  ac 
tion,  to  pledge  to   tho  national  Government — as  we  now  do 
—the  earnest  and  devout  prayers  of  all,  that  its  etfortsmay 
be  so   guided  by  wisdom  and  replenished  with  strength, 
that  they  may  be  crowned  with  speedy  and  complete  suc 
cess,  to  the  glory  of  God  and  the  restoration  of  our  beloved 
Union. 

4.  That  if,  in  the  judgment  of  the   Bishops,  any  other 
firms  of  occasional  prayer   than  those  already  set  forth 
ehall    seem  desirable  and  appropriate — whether   for    our 
Convention,  our  Church,  or  our  country,  for  our  rulers  or 
our  defenders,  or  for   the  sick  and  wounded  and  dying  of 
our  army  and  navy  and  volunteers — we  shall  gladly  receive 
thorn  and  fervently  use  them. 

5.  That  a  certified  copy  of  i  he  foregoing  report  and  reso 
lutions  be  transmitted  to  the  House  of  Bishops,  in  evidence 
of  the  views  and  feelings  of  this  body  in  reference  to  the 
afflicting  condition  of  our  Church  and  of  our  country. 

Mr.  Hoffman  moved  bis  resolution  as  a  sub 
stitute  for  (be  report. 

Mr.  William  Welsb,  of  Philadelphia,  moved 
to  amend  by  striking  from  the  second  resolu 
tion  the  word  "wholly,"  and  inserting  for  the 
words  "wil!  have  inflicted,"  the  words  "  are 
inflicting."  and  by  striking  out  the  words 
*'  should  they  persevere.*' 


October  15 — Rev.  Dr.  Henry  M.  Mason,  of 
Maryland,  moved  to  table  the  whole  subject, 
which  was  lost :  of  the  Clergy,  ayes  9,  nays  11, 
divided  2  ;  of  the  Laity,  ayes  7,  nays  10. 

Mr.  Welsh's  amendments  were  lost :  of  the 
Clergy,  yeas  9,  nays  11,  divided  2  ;  of  the  Laity, 
yeas  7,  nays  10. 

Mr.  Hoffman's  substitute  was  lost :  of  the 
Clergy,  yeas  7,  nays  14,  divided  1 ;  of  the  Laity, 
yeas  2,  nays  13,  divided  1. 

Rev.  S.  C.  Thrall,  D.  D.,  then  offered  these 
resolutions,  as  a  substitute  : 

Whereas  this  Church,  in  her  thirty-seventh  article,  hath 
doctrinally  taught  the  duty  of  loyalty  to  regularly  consti 
tuted  authority,  and  in  her  prayers  for  the  President  and 
Congress,  hath  practised  that  duty  in  euch  methods  ab  be 
comes  her  as  an  ecclesiastical  body,  and  any  act  of  this 
House  cannot  add  force  to  the  solemn  '-ratification  of  the 
Book  of  Common  Prayer ;"  and  whereas  the  present  afflic 
tion  of  our  country  arises  from  questions  of  civil  polity,  and 
as  such  is  within  the  province  of  the  State  only,  and  uny 
decision  on  such  questions  by  the  Church  is  a  most  disloyal 
assumption  of  the  prerogative  of  the  State;  and  whereas 
the  alleged  action  cf  the  members  of  the  Church  in  the  so- 
called  seceded  States  in  what  has  been  done  with  reference 
to  external  order,  administration  or  organization  has  been 
done  under  circumstances  of  the  character  and  force  of 
which  it  is  impossible  for  this  House  to  judge,  until,  by  five 
and  unrestrained  intercourse  and  communication,  we  may 
hear  from  them  the  reasons  of  their  action,  and  we  have  no 
knowledge  .of  any  action  on  their  part  affecting  faith,  min 
istry  or  sacraments;  therefore, 

Resolved,  That  there  is  no  occasion  for  any  action  of  this 
House,  touching  the  declared  and  acknowledged  loyalty  of 
the  Church. 

2.  That  in  the  present  affliction  of  this  country  by  civil 
war,  this  House  has  no  right,  as  a  part  of  the  Legislature 
of  the  Church,  to  take  any  action  on  tho  subject,  as  it  is 
purely  civil,  arid  as  such  belongs  to  the  constituted  govern 
ment  only. 

3.  That  in  the  matter  of  any  action  of  the  Church  in  the 
so  called  seceded  States,  it  is  inexpedient  for  this  House  to 
express  any  opinion  till  it  is  in  possession  of  more  full  and 
complete  information  than  we  can  at  present  obtain. 

4.  That  this  preamble  and  resolutions  be  sent  to  the  House 
of  Bishops,  to  inform  them  of  the  action  of  tin's  House. 

Which  was  lost ;  of  the  Clergy,  yeas  9.  nays 
12,  divided  1 ;  of  the  Laity,  yeas  7,  nays  10 

Rev.  F.  M.  McAllister,  of  California,  offered 
this,  as. a  substitute  : 

Whereas  the  introduction  of  passing  national  events  into 
this  House,  as  a  subject  for  its  deliberation  and  action,  has 
given  pain  and  mortification  to  those  many  members  of  the 
Episcopal  Church  here  and  throughout  the  land  who 
heartily  believed  that  she  was  a  kingdom  not  of  this  world; 
and  that  however  as  Christian  men  her  members  might 
sympathize  and  suffer  with  the  State  in  all  its  trials,  tri 
umphs,  anJ  adversities,  this  kingdom  of  God  was  one  which 
should  not  be  moved,  attainted,  or  assailed  by  the  heavings 
and  distractions  of  secular  dominion ;  and  whereas  the  very 
introduction  of  this  subject  here  has  created  expectations 
in  the  world  around  us,  unacquainted  with  the  nature  and 
constitution  of  the  Church  of  Christ,  that  this  Convention 
must  necessarily  bo  as  anyone  of  the  religious  bodies  of  the 
land,  reflecting  the  transient  passions  and  emotions  of  the 
day,  thus  seriously  and  painfully  cm  yarrassing  the  action  of 
many  members  of  this  body,  who  are  required"  by  the  com 
munities  in  which  they  respectively  live  to  give  some 
response  to  the  resolutions  upon  the  state  of  the  country 
which  have  been  introduced  here;  and  whereas  the  preser 
vation  of  this  Churchin  its  intact  integrity  as  a  part  of  the 
kingdom  of  Christ  which  is  not  of  this  world,  is  bound  upon 
us  as  well  by  our  loyalty  to  that  Church  and  to  its  Divine 
Head  as  by  the  fact  that  tho  unshaken  manifestation  of 
such  loyalty  againstall  the  pressure  of  the  world's  blandish 
ments  and  terrorism  in  this  fearful  crisis,  would  exhibit  a 
moral  courage  and  a  depth  of  religious  principle  that  would 
make  this  Church  of  our  God  a  praise  at.d  a  glory  in  the 
land  and  a  true  ark  of  refuge  into  which  multitudes  of  the 
wise  and  good  would  gladly  come  for  refuge  from  the  storm 
and  tempest  of  worldly  interests;  therefore,  for  the  infor 
mation  of  all, 

Resolved,  That  as  a  legislative  Council  of  the  Church  of 
Christ,  all  secular  and  national  interests  are  foreign  to  the 
deliberations  and  decisions  of  this  Convention,  and  that  tho 
true  and  divinely  ordaiued  relations  of  Christian  mm  to  the 
State  are  amply,  constantly,  and  solemnly  affirmed  by 


486 


APPENDIX. 


tin's  Church,  in  her  daiij-  teachings,  and  in  her  daily  wor 
ship. 

Which  was  lost:  of  the  Clergy,  yeas  7,  nays 
14,  divided  1;  of  the  Laity,  yeas  5,  nays  10, 
divided  2. 

The  report  of  the  Committee  was  then 
adopted  :  of  the  Clergy,  yeas  13,  nays  6,  divided 
3  ;  of  the  Laity,  yeas  11,  nays  5,  divided  1,  as 
follows : 

AFFIRMATIVE  DIOCESES. 

CLERGY. 

Delaware— Rev.  Jacob  Rambo,  Rev.  Samuel  C.  Brinckle— 

Aye. 
Illinois— Rev.  Alexander  Capron,  Robert  II.  Clarkson,  D.D., 

Rev.  Theodore  N.  Morrison,  Rev.  Warren  II.  Roberts— 

Aye. 
Jowa— Edward  W.  Poet,  D.  D.,  Rev.  George  W.  Watson, 

Rev.  Charles  B.  Stout— A;/f,.    Silas  Totten,  D.  I).— Nay. 
JHuine—Ti'.^'.   Alexander  Burgess,  Rev.  Frederick  Gardiner, 

Rev.  William  Stevens  'Ptni-y—Aye. 
jtft<.vsac/m.x-etfs— George  M.  Randall,  D.  D.,  Samuel  P.  Parker, 

D.  I). — Aye.     Theodore;  Edson,  D.  D.—Nay. 
Michigan— D*nle\  T.  Grinnel!,  D.  D.,  Rev.  Joseph  F.  Phil 
lips,  Rev.  William  E.  Armitage — Aye. 
Missouri — Montgomery  Sehuyler,  D.  D. — Aye. 
New  Hampthire—Tiev.  Henry  A.  Coit,  Isaac  G.  Hubbard, 

D.  D.,  Rev.  Francis  Chase— Aye.    James  H.  Eames,  D. 

D.—Nay 
JVe/o  York— J.  II.  Price.  D.  D.,  Edward  Y.  Higbee,  D.  D., 

Francis  Vinton,  D.  D. — Aye. 
OJiio—  Erastus  Burr,  D.  D.— Aye. 
Pe,ms'/lv:mia—  M.  A.  DeW.  Howe,  D.  D..  G.  Emlcn  Hare, 

D'.  D.,  George  Leeds,  D.  D.,  D.  R.  Goodwin,  D.  D.— 

Aye, 

Jtttwlc  Islam! — Silas  A.  Crane,  D.  D. — Aye. 
Western  New   Ynrk— Amos  B.    Beach,   D.  D.,  William  D. 

Wilson,  D.  D.,  Rev.  Andrew  llnll—Aye. 


Conntxiicut— Joseph  E.  Sheffield,  Seth  P.  Beers— Aye. 

Delaware— Franklin  Fell— Aye. 

Maine — Ilobert'II.  Gardiner — Aye. 

MassncltuxeUs — George  C.  Shattuck — Aye. 

Michigan — Henry  P.  Baldwin — Aye. 

Ni  w  HaOnpthire — Simeon  Ide — Aye. 

New   York — Murray  Hoffman,  Luther  Bradish,  Samuel  B. 

Ruggles — A  ye. 

Ohio— John  W.  Andrew— Aye.. 
Pennsylvania — JohnN.  Convngham,  Herman  Cope,  William 

Welsh,  F.  R.  Brunot— Aye. 
Rho'le  Inland— Edward  King— Aye. 
Western  New  York — Joseph  Jutland — Aye. 

NEGATIVE  DIOCESES. 

CLERGY. 

Kentucky— James  Craik,  I).  D.,  Rev.  Francis  M.  Whittle— 

Nay. 
Maml-.u:— W.  E.  Wyatt,  1).  D.,  William   Pinkuey,  D.  D., 

Henry  M    Mason,  D.  D..  Rev.  Orhindo  Hutton— Nay. 
Minnesota— Rev.  Solon  W.   iManney,  Rev.  D.  B.   Knicker- 

ba';ker.  Rev.  Timothy  Wilcoxson — Nay.     A.  B.  Patter 
son,  D.  D. — A  (if. 
New  Jersey— Milo  Mahan,  I).  D.,  Rev.  W.  Croswcll  Donne— 

Kay. 
Vcrmr,tit—He\'.  David  II.  Bucl,  Rev.  Andrew   Oliver,   Rev. 

Malcolm  Douglass—  Nat/, 
Wiscmisiit— William  15.  Ashley,  D.  D.,  Axel  D.  Cole,  D.  D— 

Nay.    Rev.  Lawis  A.  Kemper — Aye. 

LAZTT. 

JllimiiiS—S.  Corning  Judd— Nay. 

Kentucky— A..  II.  Churchill,  William  Cornwall— Nay. 

M,iryla»:l— Ezokiel  F.  Chambers—  Nay. 

New   J:  r.*ry — J.  C.   Garthwaite,   Henry   Macfarlan — Nay. 

Thomas  P.  Carpenter — Aye. 
Veinwnt — V.  Atwood — Nay. 

DIVIDED  DIOCESES. 

j  CLEIKJV. 

California— S.  C.  Thrall,  D.  D— Aye.    F.  M.  McAllister— 

N:>/. 
Conn>di'-nt—.l:\c.o}>  L.  Clark.  D.D.,  E.  A.  Washburn,  D.  D— 

Ai/c.     W.  Cooper  Mead,  D.  D.,  Robert  A.    Hallam,   D. 

I)'.— Nay. 
Inditni:'.—  Rev.  J.  B.  Wakefield— At/e.    Rev.  L.  W.  RUBS— 

Nay. 

LAITY. 

Minnesota — E.  T.  Wilder — Aye.    J.  E.  Warren — Nay. 


PASTORAL     LETTER     OF     THE     BISHOPS     OP     THB 
PROTESTANT    EPISCOPAL    CHURCH,   1862. 

October  1 — The  House  of  Bishops  met  in 
New  York. 

October  14 — Two  Pastoral  Letters  were  re 
ported  irom  the  committee,  which  consisted  of 
the  five  senior  Bishops  present,  viz :  Bishops 
John  D.  llopkius  of  Vermont,  Benjamin  Bo.<- 
worth  Smi  h  of  Kentucky,  Charles  Pet! it  Mc- 
Ilvaine  of  Ohio,  Jackson  Kemper  of  Wiscon 
sin,  Samuel  Allen  McC'askry  of  Michigan  The 
committee,  "not  being  fully  agreed  as  to  the 
two  letters  read  be  ore  them,"  presented  both 
for  the  action  of  the  Hous*1. 

On  motion  of  Bishop  Whittingham,  the  sub 
joined  was  adopted  as  the  Pastoral  Letter,  as 
follows  : 

BRETHREN  :  We  have  been  assembled  together  in  the 
Triennial  Convention  of  our  Church  under  most  afflicting 
circumstances.  Hitherto,  whatever  our  Church  had  to  con 
tend  with  from  the  i'allcn  nature  of  man,  from  the  power 
of  this  evil  world,  or  the  enmity  of  that  mighty  adversary 
who  is  called  by  St.  Pr.iil  "the  god  of  this  world,"  her  Chief 
Council  has  been  permitted  to  meet  amidst  the  blessings  of 
peace  within  our  national  boundaries,  and  as  representing 
a  household  of  faith  at  unity  in  itself.  Our  last  meeting 
was  in  the  metropolis  of  a  State  which  has  long  held  a  high 
place  and  influence  in  the  affairs  of  our  Church  and  Coun 
try.  Long  shall  we  remember  the  affectionate  hospitality 
which  was  then  lavished  upon  us,  and  the  delightful  har 
mony  and  brotherly  love  which  seemed  to  reign,  nlmo*t 
without  alloy,  in  a  Convention  composed  of  representatives 
of  all  our  Dioceses!  Never  did  the  promise  of  a  long  con 
tinuance  of  brotherly  union,  among  all  parts  and  sections 
of  our  whole  Church,  appear  more  assuring.  But,  alas! 
what  is  man  ?  How  unstable  our  surest  reliances,  based 
on  man's  wisdom  or  will !  How  unsearchable  the  counsels 
of  Him  who  "hath  his  way  in  the  sea,  and  his  path  in  the 
mighty  waters,  and  whose  footsteps  are  not  known !" 
What  is  now  the  change?  We  look  in  vain  for  the  occu 
pants  of  seats  in  the  Convention,  belonging  to  the  repre 
sentatives  of  no  less  than  ten  of  our  Dioceees,  and  to  ten 
of  our  Bishops.  And  whence  such  painful  and  injuri 
ous  absence?  The  cause  stands  as  a  great  cloud  of  dark 
ness  before  us.  of  which,  as  we  cannot  help  seeing  it,  and 
thinking  of  it,  and  that  most  sorrowfully,  wherever  w<  go 
and  whatever  we  do,  it  is  impossible  not  to  speak  when 
we  address  you  in  regard  to  the  condition  and  wants  of  our 
Chur<-b.  That  cause  is  all  concentrated  in  a  stupendous 
rebellion  against  the  organic  law  and  the  constituted  Gov 
ernment  of  the  Country,  for  the  dismemberment  of  our 
national  Union — under  which,  confessedly,  all  parts  of  the 
land  have  beon  signally  prospered  and  blessed;  a  rebellion 
which  is  already  too  well  known  to  you.  brethren,  in  the 
vast  armies  it  has  compelled  our  Government  lo  maintain, 
and  in  the  fearful  expense  of  life  and  treasure,  of  suffering 
and  sorrow,  which  it  has  cost  on  both  sides,  to  need  any  fur 
ther  description  here. 

We  are  deeply  grieved  to  think  how  many  of  oi:r  breth 
ren,  clergy  and  laity,  in  the  regions  over  which  that  dark  . 
tide  has  spread,  have  been  carried  away  by  its  flood :  not 
only  yielding  to  it,  so  as  to  place  themselves,  as  far  as 
in  them  lay,  in  severance  from  our  ecclesiastical  Union, 
which  has  so  long  and  so  happily  .joined  us  together  in  oue 
visil'le  communion  and  fellow>hip;  but,  to  a  sad  extent, 
sympathizing  with  the  movement,  and  giving  it  their  ac 
tive  co  operation. 

In  this  part  of  our  address,  we  do  not  attempt  to  o.<»ti- 
mate  the  moral  character  of  such  doings.  At.  present  we 
confine  ourselves  to  the  statement  of  notorious  facts,  ex 
cept  as  to  one  matter,  of  which  this  is  the  convenient  place 
to  speak. 

When  the  ordained  Ministers  of  the  Gospel  of  Christ, 
whose  mission  is  so  emphatically  one  of  peace  and  good 
will,  of  tenderness  and  consolation,  do  so  depart  from  their 
sacred  calling  as  to  take  the  sword  and  engage  in  the  fierce 
and  bloody  conflicts  ot  war;  when  in  so  doing  they  are 
fighting  against  authorities  which,  as  "  the  powers  that  bf," 
the  Scriptures  declare  ''are  ordained  of  God,"  so  that  in  re 
sisting  them  they  resist  the  ordinance  of  God;  when  espe 
cially  one  comes  out  from  the  exalted  spiritual  duties  <>fan 
Overseer  of  tho  flock  of  Christ,  to  exercise  high  command 
in  such  awful  work, — wo  cannot,  as  ourselves  Overseers  of 
the  same  flock,  consistently  with  duty  to  Christ's  Church, 
His  Ministry  and  people-,  refrain  from  placing  on  such  ex 
amples  our  strongest  condemnation.  We  remember  tho 
words  of  our  blessed  Lord,  uttered  among  His  la.it  woruu. 


APPENDIX. 


487 


and  for  the  special  admonition  of  His  Ministers— '•  They 
that  take  the  sword  shall  perish  with  the  sword." 

Returning  to  this  great  rebellion,  with  all  its  retinue 
of  cost  and"  sacrifice,  of  tribulation  and  anguish,  of  dark 
ness  and  death,  there  are  two  aspects  in  which  we  must 
contemplate  it,  naiddy :  as  it  conies  ly  the  agency  of  man, 
and  (is  it  comes  from  the  Providence  of  God. 

We  desire,  first,  to  call  your  attention  to  it  as  it  proceed} 
from  I  lie  i'lovidcnce  of  God.  So  comprehensive  is  that 
Pro\  id  ".K-«  that  it  embraces  all  worlds  and  all  nations: 
while  so  minute  is  it  that  not  a  sparrow  falleth  without  the 
knowledge  and  will  of  our  Father  in  Heaven.  In  its  vast 
counsels,  this  deep  affliction  has  its  place.  God's  hand  is 
in  it.  His  power  i  ules  it.  It  is  His  visitation  and  chasten 
ing  fur  the  sins  of  this  nation.  Who  can  doubt  it?  Just 
as  the  personal  affliction  of  any  of  you  is  God's  visitation  to 
turn  him  from  the  world  and  sin,  unto  Himself,  so  is  this 
national  calamity  most  certainly  His  judgment  upon  this 
nation  for  its  good.  And  we  trust,  dear  brethren,  we  are 
in  no  danger  of  seeming,  by  such  interpretation  of  our  dis 
tresses,  to  excuse,  in  any  degree,  such  agency  as  men  have 
had  in  bringing  them  upon  us.  God's  Providence  has  no 
interference  with  man's  responsibility.  He  works  by  man, 
but  so  that  it  is  still  man  that  wills  and  works.  The  cap 
tivities  of  God's  chosen  people  were,  as  His  Word  declares, 
His  judgments  upon  them  for  their  sins;  while  the  nations 
that  carried  :hem  captive  were  visited  of  God  for  heinous 
guilt  in  so  doing.  St.  Peter  declares  that  our  Lord  was 
"delivered"  unto  death  "by  the  determinate  counsel  and 
foreknowledge  of  God;"  and  that,  nevertheless,  it  was  '•  by 
wtckedhundtP  that  he  was  "crucified  and  slain.''  Thus  we 
need  be  under  no  temptation  to  diminish  our  estimate  of 
the  present  dispensation  of  sorrow,  as  coming  from  the 
hand  of  God,  for  the  punishment  of  our  sins,  whatever  the 
agency  of  men  therein.  It  is  our  duty,  as  Christians  and 
as  p  itriots.  so  to  consider  it,  that  it  may  do  us  the  good  for 
which  it  is  sent,  and  may  the  sooner  be  taken  away. 

It  is  not  possible  for  us,  in  this  address,  to  set  before  you, 
in  detail,  or  in  their  true  proportions,  all  the  national  and 
other  sins  which  make  us,  as  a  people,  deserve,  and  need, 
the  chastisements  of  a  holy  God.  It  needs  no  Daniel,  in 
spired  from  on  high,  to  discover  them.  Surely  you  must 
all  be  painfully  familiar  with  many  of  them,  in  the  pro- 
faneness  of  speech  with  which  God's  name  and  majesty  are 
assailed;  in  ihe  neglect  of  public  worship  which  so  dis 
honors  His  holy  day;  in  the  ungodliness  of  life  which 
erects  its  example  so  conspicuously  ;  and  especially  in  that 
one  great  sin  for  which  Jerusalem  was  given  over  to  be 
trodden  down  by  the  heathen,  and  the  people  of  Israel 
have  ever  since  been  wanderers  and  a  by-word  among  the 
nations,  namely,  the  rejection,  whether  in  positive  infidel 
ity,  or  only  in  practical  unbelief  of  God's  great  {sift  of 
grace  and  mercy.  His  beloved  Son,  our  Lord  Jesus  Christ, 
to  be  a  sacrifice  of  propitiation  for  our  sins,  and  an  all-suf 
ficient  and  all-glorious  Saviour  of-our  souls. 

But  there  is  a  passage  in  the  Scriptures  which  is  of  great 
use  as  a  guide  in  this  consideration  of  national  sinfuluess. 
It  is  a  warning  to  the  nation  of  Israel,  and  found  in  the 
eighth  chapter  of  the  book  of  Deuteronomy,  as  follows : 
"Beware  that  thou  ibrget  not  the  Lord  thy  God,  in  not 
keeping  His  commandments,  and  His  judgments,  and  His 
statutes,  which  I  command  thee  this  day,  lest  when  thou 
hast  eaten  and  art  full,  and  hast  built  goodly  houses 
and  hast  dwelt  therein,  and  when  thy  herds  and  thy  flocks 
multiply,  and  thy  silver  and  thy  gold  is  multiplied,  and  all 
that  thou  hast  is  multiplied,  then  thy  heart  be  lifted  up, 
and  thuii  forget  the  Lord  thy  God;  for  it  is  He  that  giveth 
thee  power  to  get  wealth.  And  it  shall  be,  that  if  thou  do 
ut  all  forget  the  Lord  thy  God — as  the  nations  which  the 
Lord  ucstroyeth  before  your  face,  so  shall  ye  perish,  be- 
caotc  ve  would  not  be  obedient  to  the  voice  of  the  Lord  your 
God." 

Now  it  was  because  that  nation  was  guilty  of  precisely 
such  self-g'orving,  and  such  forgctfulness  of  its  indebted 
ness  to  God  and  dependence  on  His  favor,  as  this  warning 
describes,  that  the  grievous  calamities  which  so  fill  its  his 
tory,  before  the  advent  t.f  Christ,  were  brought  upon  it. 
A  i  ;d  it is  becrm-e  there  is  so  much  agreement  between  this 
description  and  the  aspect  which  we,  as  a  people,  have  pre 
sented  b,£>re  God,  that  we  place  the  passage  before  you. 

Mrvrvellously  have  we  been  prospered  in  everything  per 
taining  to  national  prosperity,  riches,  and  strength.  God 
has  loaded  us  with  benefits;  and  with  our  benefits  have 
grown  oi;r  ingratitude,  our  self-dependence,  and  self-sufri- 
ciency.  our  pride,  our  vain-glorying,  and  that  sad  deficiency, 
to  much  felt,  in  the  representative  acts  and  voices  of  the 
nation  as  to  all  adequate  acknowledgment  of  God  and  of 
the  Gospel  of  Christ.  Let  us  mark  the  words  of  the  prophet 
.'creun'r.h  :  "L^t  not  the  wise  man  glory  in  his  wisdom, 
neither  let  the  mighty  man  glory  in  his  might;  let  not  the 
rich  man  glory  in  his  riches;  but  let  him  that  glorieth, 
glory  in  this?,  that  he  miderstandeth  and  knowcth  me  that 
I  maths  Lord  which  exercise  loving-kindness,  judgment, 
and  righteousness  in  the  earth."— (Jer.  ix.;  &>,  24.)  How 


j  remarkably  do  these  words  exhibit  our  sin  as  a  nation  1 
'  How  sel  iom,  in  anything  of  a  representative  character,  or 
anything  that  speaks  for  the  nation,  especially  in  the  coun 
sels  of  our  chosen  rulers,  or  in  the  enactments  of  our  legis 
latures,  do  we  eye,  any  such  reference  to  God,  as  is  here 
required  as  the  basis  on  which  He  blesses  a  nation!  How 
literally  have  wo  gloried  in  our  wisdom,  and  power,  and 
wealth  ;  and  said  in  our  hearts,  Our  power  and  our  hand 
hare  gntten  us  all  these  tldni/s  .' 

Dear  brethren,  can  we  consider  these  things,  w  palpable 
to  every  eye,  and  not  acknowledge  that  we  deserve  God's 
anger,  and  need,  for  our  good,  His  chastening  Providence? 
Is  it  wonderful  that  this  tribulation  hath  come  upon  us? 
0,  that  when  thus  His  judgments  are  upon  the  land,  the 
inhabitants  may  learn  righteousness!  We  exhort  you, 
brethren,  that,  as  citizens  and  as  Christians,  you  will  take 
these  things  seriously  to  heart.  Search  and  try  yourselves, 
that  you  may  duly  humble  yourselves  under  God's  mighty 
hand,  and  lie  may,  in  due  time,  exalt  us  out  of  the  present 
distress.  Such  a  spirit  of  humiliation,  taking  wide  posses 
sion  of  tie  people,  especially  of  those  who,  as  members  of 
the  Church  of  Christ,  profess  to  be  His  disciples — above  all, 
such  a  spirit  appearing  among  those  whose  official  position 
makes  their  works  and  acts  of  eminent  wtight  and  respon 
sibility  in  determining  the  nation's  standing  before  God — 
would  more  encourage  us  concerning  the  prospect  of  a 
happy  removal  of  our  national  afflictions,  a  happy  future  of 
stability  in  our  civil  institutions,  and  of  peace  in  the  whole 
land,  than  if  many  signal  victories  were  given  to  our  hon 
ored  armies.  Let  us  pray  earnestly  and  constantly  for  that 
spirit,  which,  above  all  things,  is  a  nation's  wealth,  and 
strength,  and  praise.  "  The  Lord's  hand  is  not  shortened," 
that  it  cannot  thus  bless  us.  "  His  ear  is  not  heavy,  that  it 
cannot  hear  "  us  when  we  seek  so  great  a  blessing.  He  is 
'•  able  to  do  exceeding  abundantly  above  all  that  we  ask  or 
think; "  and  prayer  is  the  arm  that  places  our  wants  on  His 
mi-hiy  power. 

Let  us  turn  now  to  the  other  aspect  of  our  great  trial ; 
namely,  us  it  comes  from  t/te  agency  of  man.  We  deeply 
feel,  dear  brethren,  how  momentous  is  this  portion  of  our 
subject,  and  with  what  carefulness  and  charity,  and  at  the 
same  time  with  what  decision  and  plainness  of  speech, 
with  what  faithfulness  to  Chuwh  and  Country,  and  to 
those  arrayed  against  us,  as  well  as  to  ourselves,  it  becomes 
us  to  speak.  Gladly  would  your  Bishops  avoid  a  subject 
so  painful.'  But  there  is  no  possibility  of  avoiding  it. 
Should  we  keep  silence,  we  should  not  avoid  it.  Our 
silence  would  speak  far  and  wide,  and  with  a  meaning  by 
which  we  are  not  willing  that  our  minds  should  be  inter 
preted.  At  such  an  alarming  crisis  of  our  national  and 
ecclesiastical  union,  as  well  as  of  <§ir  whole  welfare,  when 
a  voice  from  such  a  body,  occupying  such  intimate  relations 
to  a  wide-spread  communion,  may  be  of  such  importance 
to  the  strength  of  the  public  counsels,  through  the  guidance 
of  the  people  of  that  communion, — should  we  address  you 
on  other  topics  of  less  prominence  at  the  present  time,  and 
yet  keep  silence  on  that  one  which  banishes  almost  every 
other  from  the  thoughts  of  the  nation,  we  should  not  only 
negle  ;t  an  opportunity  of  usefulness  which  ought  to  be 
improved,  and  subject  ourselves  to  imputations  which  we 
are  not  willing  to  bear,  but  we  should  inflict  a  serious 
injury  upon  a  cause  we  are  bound  to  aid. 

It  is  the  first  time  this  Convention  has  met  since  these 
troubles  began.  God  grant  they  may  be  ended  km^belore 
it  shall  meet  again!  Ever  since  our  Church  had  her 
Litany,  we  have  been  praying  for  deliverance  "from  sedi 
tion,  privy  conspiracy,  and  rebellion."  And  now  that  all 
the  three  are  upon  us,  and  in  a  depth  of  scheme,  a  force 
of  action,  a  strength  of  purpose,  and  an  extensivcness  of 
sway  such  as  the  world  never  before  saw  united  for  the 
dismemberment  of  any  government,  shall  we  refuse  to  tell 
you  in  what  light  \ve  regard  that  gigantic  evil  ? 

We  are  moved  the  more  to  speak,  because  we  believe 
that  you,  brethren,  desire  it  of  us.  You  feel  bound,  by 
your  views  of  duty,  to  take  a  position  and  manifest  princi 
ples,  too  decided  to  be  mistaken,  in  support  of  the  national 
Constitution  and  Government  in  this  day  of  their  peril. 
Our  communion  is  nobly  represented  wherever  the  nation's 
cause  has  dangers  to  brave,  difficulties  to  be  surmounted, 
sacrifices  to  be  made,  or  sufferings  to  be  borne.  In  the 
ranks,  and  through  all  the  grades  of  command,  our  Church 
testifies  her  loyalty  by  the  devotion  of  her  sons.  Many  of 
them  are  her  choice  young  men,  whom  it  is  hard  to  spare 
from  works  of  Christian  well-doing  at  home.  Many  of 
them  are  her  Sunday-school  teachers.  They  have  gone  to 
her  armies,  not  in  any  bitterness  of  feeling  towards  those 
who  have  brought  on  us  this  war,  but  in  a  ready  mind  to 
love  their  enemies  and  to  do  good  to  those  that  hate  them, 
as  well  as  out  of  a  well-considered  and  conscientious  con 
viction  of  duty  to  their  Country,  to  their  i.overnment,  and 
to  God.  They  look  to  us,  their  chief  Pastors,  especially  an 
we  are  now  gathered  together  here,  to  give  them  the  sup 
port  and  comfort  of  our  approbation,  if  w«  think  they 
have  rightly  judged  the  great  question  of  duty  to  the 


488 


APPENDIX. 


Government  in  the  present  struggle.  Amidst  the  peril* 
,»f  battle,  in  hospitals  and  prisons,  under  privations  and 
wounds,  they  foul  the  preciousness  of  such  comfort.  Ac 
knowledging  the  reasonableness  of  such  desires,  wo  have 
pleasure  in  complying  with  them  ;  not  apprehending  that 
in  touching  on  this  subject  it  can  with  reason  be  objected 
ttrit  we  enter  amidst  questions  with  which,  as  Ministers  of 
Him  who.se  "  kingdom  is  not  of  this  world."  we  have 
nothing  to  do.  Whatever  the  Apostles  of  Christ  were 
inspired  by  the  Holy  Ghost  to  teach  the  Church;  the 
Ministers  and  Stewards  of  the  Church  are  hound  to  illus 
trate  and  enforce,  for  instruction  of  her  members.  "All 
Scripture  is  profitable  for  doctrine,  reproof,  correction,  and 
instruction  iu  righteousness."  Whatever  is  contained 
therein  is  part  of  what  has  thus  been  "  written  for  our 
loarriifg "— part  of  that  spiritual  provision  which  you, 
brethren,  are  to  "read,  mark,  learn,  and  inwardly  digest;" 
and  which,  therefore,  God's  Stewards  must  distribute,  as 
varying  circumstances  shall  make  it  "  a  word  in  sear-on." 
Then  what  say  the  Scriptures  touching  the  subject  before 
us?  We  h  ive  no  need  to  go  beyond  the  words  of  St.  Paul, 
in  the  thirteenth  chapter  of  the.  Epistle  to  the  Romans — 
"  Let  every  soul  be  subject  to  the  higher  powers.  For  there 
is  no  power  but  of  God.  The  powers  that  be  are  ordained 
of  God.  Whosoever,  therefore,  resisteth  the  power,  resist- 
eth  the  ordinance  of  God;  and  they  that  resist  shall 
receive  to  themselves  damnation." 

Now,  it  is  the  application  of  these  words  to  our  duties, 
under  present  circumstances,  of  which  we  have  need  to 
inquire,  if  we  would  use  this  portion  of  Scripture  as  "a 
light  to  our  feet."  Where,  then,  do  we  find  those  powers 
and  ordinances  to  which,  as  "  ordained  of  God,"  we,  recog 
nizing  the  great  truth  that  "there  is  no  power  but  of 
God,"  are  bound,  for  His  sake,  to  be  subject?  We  answer, 
IN  TIII:  CONSTITUTION  AND  GOVERNMENT  OF  THE  UJOTED 
STATES.  Under  them,  the  people  of  ail  the  States,  now 
resisting  them,  were  just  as  much  bound  to  render  obedi 
ence,  when  such  resistance  began,  as  we,  whose  allegiance 
is  still  unbroken.  According  to  the  Scriptures,  that  re 
sistance,  so  far  from  m.tking  null  and  void  those  powers,  is 
a  resistance  to  ordinances  of  God  still  in  force;  and,  there 
fore,  brings  His  condemnation  on  those  so  engaged. 

When  St.  Paul,  iu  direct  connection  with  the  words  just 
cited,  exhorts  us  to  "render  to  all  their  dues,  tribute  to 
whom  tribute  is  due,  custom  to  whom  custom,  fear  to 
whom  fear,  honor  to  whom  honor,"  and  that  "  not  only  for 
wrath,  but  for  conscience'  sake;"  we  have  no  hesitation  in 
teaching  that  the  claim  to  all  these  duties  und  manifesta 
tions  of  allegiance  and  loyalty  from  us,  and  from  all  those 
Slates  so  recently  united  in  rendering  them,  is  rightfully 
in  that  Government  which  is  now  by  force  of  arms  main 
taining  such  claim.  The  refusal  of  such  allegiance  wo  hold 
to  bo  a  sin;  and  whJi  it  stands  forth  in  armed  rebellion, 
it  is  a  great  crime  before  the  laws  of  God,  as  well  as  man. 
Thus,  brethren,  your  Bishops  teach,  as  official  expositors 
ot  the  Vv'ord  of  God.  Less,  they  believe,  they  could  not 
teach  without  unfaithfulness  to  the  Scriptures. 

If  godly  submission  to  the  laws  and  constitutional  rulers 
of  thi!  country  sh  »uld  be  regarded  as  a  matter  of  less  than 
tbo  most  religious  obligation :  if  it  shall  be  held  u  thing 
of  indifference  whether  the  Government,  given  us  in  the 
Providence  of  God,  be  obeyed  "for  conscience'  sake,"  or 
be  overthrown  by  conspiracy  and  armed  rebellion,  without 
the  pretence  of  any  existing  and  oppressive  wrong,  or  of 
any  wrong  for  which  the  remedy  might  not  be  found  under, 
and  by,  provision  of  thai  very  Government,— then  all  tho 
horrors,  of  which  such  rebellion  may  bo  the  prolific  parent, 
may  at  any  time  be  caused,  and  even  intended,  without 
gui'lt.  But,  k't  us  hear  what  the  Fathers  of  our  Church,  in 
one  of  those  Homilies  which  our  Articles  declare  to  con 
tain  "  a  godly  and  wholesome  doctrine,"  teaches  on  this 
head.  We  can  well  understand  it  now  and  appreciate  it, 
as  never  before.  In  tin;  Homily  '•  Against  Willful  Rebel 
lion"  we  have  these  wholesome  words:  "  He  that  naineth 
rebellion,  uameth  not  a  singular,  or  one  only  sin,  as  is 
theft,  robbery,  murder,  and  such  like;  but  he  nameth  the 
whole  puddle  and  sink  of  all  sins  against  God  and  man; 
against,  his  country,  his  countrymen,  his  parents,  his  chil 
dren,  his  kinsfolk,  his  friends,  and  against  all  men  univer 
sally;  all  sins  against.  God  and  all  men  heaped  together, 
nameth  he  ihat  nameth  rebellion."  In  another  passage, 
after  speaking  of  the  general  miseries  of  all  war,  the 
Homily  proceeds  with  a  still  darker  description:  "But 
when  these  mischiefs  are  wrought  in  rebellion  by  them 
tuat  should  be  friends,  by  countrymen,  by  kinsmen,  by 
those  that  should  defend  their  country  and  countrymen 
from  such  miseries,  the  misery  is  nothing  so  great  a-s  are 
the  mischk'f  and  wickedness  where  the  subjects  unnatu 
rally  do  rebel  *  *:  countrymen  to  disturb  the  public 
peace,  and  quietness  of  their  country,  for  defence  of  whoso 
quietness  they  should  spend  their  lives;"  "and,  universal 
ly,  instead  of  all  quioines.*,  joy,  and  felicity,  which 
lollow  blessed  peace-  and  due  obedience,  to  bring  in  all 
trouble,  sorrow,  disqui;-ti;ess  of  minds  and  bodies,  and  all 


mischief  and  calamities  :  to  turn  all  good  order  upsidt* 
down;  to  bring  all  good  laws  into  contempt,  and  to  tread 
hem  under  foot :  to  oppress  all  virtue  and  honesty,  and 
ill  virtuous  and  honest  persons :  and  to  set  all  vice  and 
wickedness  and  all  vicious  and  wicked  men  at  liberty  to 
work  their  wicked  wills,  which  before  were  bridled  by 
holcsom;?  laws;  to  weaken,  to  overthrow,  and  to  COUMUMH 
the  strength  of  the  realm,  their  natural  country,  which, 
by  their  mischief  weakened,  is  thus  ready  to  be  a  prey  and 
spoil  to  all  outward  enemies." 

Such  is  the  testimony  of  our  Homilies  against  "Willful 
Rebellion." 

The  reasons  v»hinh  make  this  so  great  a  crime  are  the 
same  which  make  the  constituted  authority  so  indispensa 
ble  to  the  very  existence  of  human  society.  God  has 
nvested  the  magistrate  with  power,  and  given  him  the 
sword  to  be  borne,  "  not  in  vain,"  because  he  is  His  Min 
ster  "for  good;''  because,  without  him,  all  the  floods  of 
ungodliness  would  be  set  free;  and  the  only  remedy  remain 
ing  for  all  social  disorders  would  be  that  of  force  overcom 
ing  force,  and  of  cunning  overreaching  cunning. 

\\  e  have  now,  brethren,  in  strict  confinement  to  the 
testimony  of  the  Scriptures,  ascertained  a  basis  of  principle 
and  duty  on  which  we  may  heartily  rejoice  in  all  the  active 
and  energetic  loyalty  with  which  the  members  of  our 
Churches,  in  union  with  their  fellow-citizens,  of  all  classes 
and  conditions,  are  sustaining  the  Government  in  its  vast 
efforts  to  reinstate  the  rightful  control  of  its  laws,  wherever 
they  have  been  disowned.  We  bid  them  never  to  be  weary 
of  that  well-doing;  and  particularly  would  wo  s:\y  to  those 
wlio,  out  of  love  to  their  country,  and  not  out  of  any  vin- 
lictive  exasperation  towards  her  enemies,  have  gone  in  our 
armies,  be  of  good  chw.r!  Whatever  the  dangers  you  may 
have  to  meet,  or  sufferings  to  endure,  let  it  be  your  con 
solation  that  you  have  gone  to  sustain  the  power,  or- 
lained  of  God.  and  which  rightfully  claims  your  most 
devoted  loyalty.  « 

And  now,  we  can  ask  your  further  attention  only  to  a 
few  concluding  words,  touching  great  spiritual  interests, 
which  the  absorbing  claims  and  the  strong  excitements  of 
these  times  endanger.  No  doubt,  dear  brethren,  you  have 
all  been  painfully  conscious  of  the  powerful  tendency  of 
the  present  anxieties  and  excitements  to  draw  down  your 
thoughts  and  affections  from  daily  communion  with  God  ; 
to  elevate  earthly  interests  and  duties  into  injurious 
rivalry  with  those  of  the  soul  and  eternity:  to  carry  your 
minds  away  on  this  powerful  flood  of  feeling  and  active 
concern  for  our  beloved  country,  till  they  become,  in  a 
great  degree,  separated  from  all  earnest  engagedness  in 
God's  service.  With  some  minds,  under  divine  grace,  the 
tendency  of  these  troubles  is  to  lead  them  nearer  to  God  ; 
while  with  others  it  is  to  take  them  away  from  God,  to 
make  His  \Vord  less  precious,  His  holy  day  less  sacredly 
kept,  secret  prayer  less  faithfully  observed,  and  less  their 
refuge  and  consolation;  Christian  example  less  decided  and 
exalted. 

We  desire  affectionately  to  exhort  you  to  increased 
watchfulness  and  prayer  in  consequence  of  such  danger. 
Let  not  love  of  Country  make  your  love  to  God  and  your 
gracious  Saviour  the  less  fervent.  Immense  as  is  this 
present  earthly  interest,  it  is  only  earthly.  The  infinitely 
greater  interests  of  the  soul  and  of  the  kingdom  of  God 
remain  as  paramount  as  ever.  We  counsel,  not  that  you 
feel  less  concern  for  the  former,  but  that  you  seek  God's 
grace  so  to  sanctify  all  its  anxieties  that  it  may  constantly 
lead  you  to  Him  for  refuge,  and  rest,  and  peace;  making 
you  only  the  more  earnest  to  secure,  iu  exchange  for  tliia 
sinful  and  troublesome  world,  that  inheritance  which  is 
incorruptible,  that  better  country  where  "sorrow  and 
sighing  flee  away." 

And  we  also  charge  you,  brethren,  that  you  watch  and 
pray,  lest  during  this  unhappy  strife  you  should  allow  any 
bitterness  of  spirit  to  dwell  in  you  toward  those  who, 
from  whatever  cause,  have  brought  on  us  this  war,  with 
its  great  injuries  and  calamities,  or  who  are  now  waging 
it  against  us.  To  hate  rebellion,  so  uncaused,  is  duty ;  but 
to  hate  those  engaged  therein,  is  the  opposite  of  Christian 
duty.  Nothing  can  release  us  from  the  charge  of  our 
blessed  Lord  to  love  even  our  greatest  enemies;  do  good 
to  them  that  hate  us.  and  pray  for  such  as  despitefully  use 
us  and  persecute  us.  In  this  temper  of  mind  let  us  be  fol 
lowers  of  Him  who,  when  we  were  enemies,  died  for  us. 

We  are  pained  to  learn,  from  the  reports  of  committees 
of  our  General  Missionary  Society,  to  what  extent  the  means 
of  pursuing  their  great  work  have  suffered  by  reason  of 
these  times.  We  are  aware  how  much  of  the  contributions 
of  our  people  have  gone  to  the  relief  and  consolation  of 
our  brethren  who,  in  exposing  themselves  to  the  dangers 
of  battle  for  our  defence,  have  lallen  under  wounds  or 
sickness.  We  rejoice  in  all  that  is  done  for  them;  and  it 
is  a  vast  relief  from  the  horrors  of  this  war  to  see  what  a 
spirit  of  self-denying  and  devoted  benevolence  hits  appear- 
,  ed  all  over  the  land,  in  men  and  women  of  all  conditions. 
!  bandinj;  them  together  in  labors  of  love,  or  scattering 


APPENDIX. 


489 


them  abroad  over  the  field  of  suffering,  on  errands  of  com 
passion  and  tender  ministration  to  our  sick,  wounded, 
dying  soldiers.  God  be  pivised  for  all  this!  It  goes  far  to 
conrort  us  in  the  great  tribulation.  But  the  claims  of  the 
kingdom  of  God  are  not  diminished.  Tho  calls  for  the 
labor-s  of  men  of  God  to  preach  the  Gospel  in  destitute 
plant's  are  as  loud  as  ever.  And  we  believe  that  while  the 
•ability  of  many  to  contribute  of  their  substance  to  the 
missiouury  work  has  been  greatly  impaired  and  almost 
taken  away  by  our  national  troubles,  that  of  many  others 
is  not  eo  diminished  or  so  drawn  upon  by  objects  peculiar 
to  these  circumstances  that  they  may  not  enlarge  their 
gifts  t>  the  work  of  missions,  and  greatly  supply  what  is 
lacking  by  the  disability  of  others.  We  pray  them,  and 
all  our  brethren,  seriously  to  review  their  duty  in  this 
respect.  The  missions  in  Africa  and  China  are  afflicted  at 
the  prospect  of  being  painfully  reduced  for  want  of  means 
to  sustain  them  as  they  are.  In  the  domestic  field,  the 
absence  in  missionary  stations  of  the  labors  of  the  Minis 
ter  of  the  Word  and  Sacrament,  is  even  a  greater  evil  in 
such  times  than  when  no  great  national  affliction  carries 
its  sorrows  and  clouds  into  every  village  of  the  land.  Let 
us  seek  God's  blessing  upon  our  country's  cause,  by  seek 
ing  to  promote  His  kingdom  and  righteousness  in  all  our 
borders. 

But  it  is  not  merely  for  the  support  of  our  missionary 
work  that  we  are  concerned  at  tins  time.  The  ability  of 
many  a  faithful  parish  Minister  to  continue  his  labor  of 
love  among  a  people  beloved,  is  greatly  endangered  at  this 
time  for  lack  of  the  most  slender  pecuniary  support;  so 
that  by  the  additional  cause  of  Ministers  feeling  it  their 
duty  to  see  to  the  spiritual  wants  of  our  soldiers  and  taking 
service  as  chaplains  in  the  army,  we  are  increasing  the 
number  of  vacant  congregations  to  an  alarming  extent. 
Wp  must  therefore  exhort  our  brethren  to  take  heed  and 
to  do  their  utmost  in  their  several  parishes,  that  the  bless 
ing  of  a  settled  Minister  bo  not  lost  for  lack  of  the 
needed  pecuniary  support.  If  such  privation,  in  ordinary 
circumstances,  be  of  great  detriment ;  much  more  is  it  so 
in  days  of  afflict  ion  such  as  we  have  never  known  before. 
Never  w  is  it  so  important  to  all  individual,  domestic,  and 
soi-ial  interests,  for  the  light  of  every  household  in  a  day  of 
darkness,  and  the  strengthening  of  every  heart  in  a  season 
of  manifold  burdens,  that  the  lamp  of  the  sanctuary  should 
be  trimmed  and  burning;  that  the  precious  "comfort  of 
the  Scriptures,"  through  its  appointed  Messenger,  should 
not  b:;  removed;  that  the  soothing,  purifying,  governing, 
elevating  influences  of  the  public  means  of  grace,  under 
the  hand  of  God's  Minister,  should  be  regularly  enjoved  in 
the  congregation.  But  if  such  cannot  be  the  privilege, 
then  we  exhort  vacant  congregations  that  instead  of  for 
saking  the  assembling  of  themselves  together,  as  if,  be 
cause  they  have  no  pastor,  they  could  have  no  worship, 
one  with  another,  they  will  take  advantage  of  tho  great 
privilege  of  having  our  Book  of  Common  Prayer,  whereby 
a  Church  without  a  Pastor  may  still  have  its  public  wor 
ship  and  the  Wonl  of  God,  in  purity,  in  fitness,  and  in 
power.  Meet  together  regularly,  brethren;  have  the 
Morning  and  Evening  Prayer,  and  some  approved  pub 
lished  sermon,  read  by  one  of  your  number.  You  will 
thus  have  much  to  enjoy,  though  not  ull  you  need  and 
desire.  Lose  it  not,  because  you  cannot  have  more. 

And  now,  praying  a  merciful  God  and  Father  soon  to 
restore  to  our  beloved  country  the  blessings  of  peace,  under 
the  banner  of  our  honored  national  Union,  and  with  our 
wholesome  laws  and  righteous  liberties  more  than  ever 
strengthened,  defended, and  established;  praying  that  those 
who  have  sought  to  depart  from  us  may  speedily  and 
happily  be  reunited  with  us  in  the  bonds  of  Christian,  as  well 
as  national,  fellowship:  and  that  all  bitterness,  and  wrath, 
and  anger,  and  clamor,  and  evil  speaking  may  be  put  away 
from  us  and  them  "with  all  malice:''  that  we  may  "be 
kind  one  to  another,  tender-hearted,  forgiving  one  another 
even  as  we  hope  that  God,  for  Christ's  sake,  hath  forgiven 
us,''  we  affectionately  ''commit  you  to  God  and  tho  word 
of  His  grace."  May  the  blessing  of  God  so  abide  on  you, 
beloved  brethren,  in  all  your  families  and  congregations, 
that  "  your  faith  may  grow  oxceulingly,"  "  that  your  love 
may  abound  more  and  more,"  ''that  you  may  walk  worthy 
of  the  Lord  unto  all  pleasing,  being  fruitful  in  every  good 
work  and  increasing  in  tho  knowledge  of  God  ;"  "  to  whom 
be  glory  in  the  Church,  throughout  all  ages,  world  without 
end." 

CHARLES  PETTIT  McILVAINE,  D.  D.,  D.  C.  L., 

BISHOP  OF  OHIO, 
Presiding  in  the  House  of  His/tops,  pro  tern. 


PROTEST    OF    BISHOP    HOPKINS. 

October  1C — Bishop  Hopkins  read  a  protest 
against  the  Pastoral  Letter  adopted  by  the 
House,  which  he  requested  might  be  entered 


on  the  minutes.  Bishop  Kemper  moved  that 
the  request  be  granted.  On  motion  of  Bishop 
Whittingham,  it-  was  received,  and  placed  on 
file  among  the  documents  of  this  House. 

The  Protest  of  Bishop  Hopkins,  and  his 
proposed  Pastoral  Letter,  are  subjoined  : 

PROTEST. 

To  the  Home  of  Bishops  in  General  Convention  assembled:— 
RIGHT  REVEREND  BRETHREN, — It  is  with  much  regret  that 
I  find  myself  obliged  to  enter  my  solemn  protest  against 
the  political  aspect  of  tho  Pastoral  Letter  which  your  ven 
erable  Body  has  adopted,  and  to  withdraw  from  the  final 
act  of  its  public  delivery.  On  minor  topics  of  opinion, 
during  my  Episcopate  of  thirty  years,  I  have  never  de- 

Sirted  from  my  obligation  to  preserve  the  unity  of  this 
ouse,  to  the  utmost  of  my  small  ability.  But  this  action, 
in  my  judgment,  involves  a  fundamental  principle  in  bur 
ecclesiastical  position.  We  stand  opposed,  in  this  coun 
try,  to  any  Union  between  Chur»h  and  State.  In  our  in 
dividual  capacity,  as  citizens,  we  are  bound  by  the  plain 
precepts  of  the  inspired  Apostles,  to  bear  true  allegiance 
to  "the  powers  that  be"— the  earthly  government  under 
which  the  Providence  of  God  has  placed  us.  For  that,  our 
system  sets  forth  an  ample  arrangement,  in  the  Homily 
against  rebellion,  in  the  catechism  appointed  for  the  in 
struction  of  youth,  in  the  Lessons  of  Scripture,  in  our  Lit 
any,  and  in  the  Prayers  for  the  President  and  Congress,  to 
say'nothing  of  the  special  supplications  set  forth  for  th« 
present  national  troubles,  all  uniting  in  the  most  positive 
testimony  to  the  duty  of  Christian  loyalty.  But  beyond 
this,  I  cannot  allow  that  this  House  of  Bishops,  assembled 
in  our  official  relations  to  the  Church  of  God,  has  a  right 
to  go,  by  expressing  any  judgment  on  the  measures  of 
secular  government.  Under  the  American  Constitution, 
tho  SUto  has  no  right  to  declare  its  sentence  on  the  legis 
lation  of  the  Church,  so  long  as  we  do  nothing  to  impair 
this  duty  of  loyalty.  And,  under  our  Apostolic  Constitu 
tion,  the  Church  has  no  right  to  utter  her  sentence  upon 
the  legislation  of  the  State,  so  long  as  it  forbears  to  assail 
our  Christian  liberty.  Their  respective  functions  are  dis 
tinct.  Tho  Almighty  Ruler  of  tho  world  has  committed 
to  the  State  the  wide  sphere  of  temporal  interest,  and  lie 
has  committed  to  the  Church  the  far  higher  sphere  which 
embraces  the  interests  of  eternity.  Each  has  its  own  al 
lotted  orbit,  and  I  cannot  comprehend  how  any  reflecting 
and  intelligent  man  in  our  Communion  should  (Usire  that 
those  orbits,  in  tho  present  condition  of  mankind,  should 
come  together.  I  know,  indeed,  that  this  conjunction  was 
attempted,  though  in  different  forms,  by  Popery  and  Puri 
tanism.  I  know  that  it  exists,  to  some  extent,  in  the  Es 
tablishment  of  England.  But  I  also  know  that  the  primi 
tive  Church  spread  her  triumphs  throughout  the  earth,  in 
total  independence  of  the  State,  and  that  all  our  clergy 
have  been  educated  to  regard  the  union  of  Church  and 
State  as  a  mistake  and  a  calamity. 

Maintaining  this  as  a  fundamental  principle  of  our  eccle 
siastical  position,  from  which  I  cannot  justify  any  depart 
ure,  I  proceed  to  show  how  the  Church  has  acted  with 
relation  to  the  policy  of  war,  along  the  main  track  of  her 
history,  even  under  the  disadvantages  of  her  secular  con 
nections. 

From  the  period  when  Christianity  became  established 
in  tho  old  Roman  empire,  there  were  many  insurrections 
and  intestine  as  well  as  foreign  wars,  but  I  can  call  to  mind 
no  instance,  in  all  the  councils,  where  the  justice  or  the  injus 
tice  of  those  wars  was  made  a  topic  for  ecclesiastical  con 
sideration.  In  the  civil  wars  of  England,  which  were 
numerous  before  the  Reformation,  I  think  it  will  not  be 
found  that  the  Church  committed  herself,  by  any  formal 
and  united  action,  either  to  tho  one  side  or  to  the  other. 
In  the  great  rebellion  against  Charles  I.,  I  am  not  aware 
that  the  Bishops  were  assembled  to  set  forth  any  sentence 
on  the  political  right  or  wrong  involved  in  the  conflict, 
although  it  threatened,  and,  for  a  season,  accomplished, 
their  own  official  downfall.  And  when  the  American  Col 
onies  revolted,  and  tho  Rev.  William  White  became  the 
first  Chaplain  to  tho  Revolutionary  Congress,  I  do  not  seo 
the  slightest  movement  in  our  Mother  Church  to  condemn 
his  course,  or  that  of  tho  ministers  who  acted  with  him 
The  Bishop  of  London  was  tho  Diocesan  of  all  the  clergy 
in  the  Colonies,  and  had  the  undoubted  right  to  suspend 
or  to  depose  them,  if  the  act  of  secular  rebellion  had  been 
a  proper  ground  for  ecclesiastical  denunciation.  But  that, 
in  every  age,  has  been  regarded  as  a  subject  for  the  action 
of  tho  State,  and  I  doubt  whetheran  instance  can  be  found 
in  the  whole  range  of  tho  Church's  history,  where  an  eccle 
siastical  court  has  tried  a  man  for  secuUr  rebellion.  If  the 
Church  of  England  had  held  it  to  be  her  duty  to  adopt  the 
principle  which  this  House  of  Bishops  has  laid  down  in  the 
Pastoral  Address,  the  Rev.  William  Whits  and  his  i:oU 


490 


APPENDIX. 


uld  hardly  hare  been  accepted  as  fit  subjects 


for  Episcopal  consecration,  and  the  whole  character  of  our 
ministerial  succession  would  most  probably  have  passed 
away,  forever. 

It  is  due  to  the  solemn  responsibility  under  which  I 
present  this  Protest,  that  I  should  enforce  its  positions  by 
the  citation  of  some,  high  authorities. 

Thus  tiie  general  principle  is  set  forth  by  the  learned 
Palmer  (London  edition  of  1839,  vol.  2,  p.  90):— 

"In  maintaining  the  right  of  the  Church,"  saith  he, 
"  to  judge  in  controversies,  it  is  necessary  to  limit  her  au 
thority  to  its  proper  object.  It  is  not,  then,  supposed  by 
any  one,  that  the  Church  is  authorized  to  determine 
questions  relating  to  philosophy,  science,  legislation,  or 
any  other  subjects  beyond  the  doctrine  of  revelation. 
Her  office  relates  entirely  to  the  truth  once  revealed  by- 
Jesus  Christ." 

I  need  hardly  remind  my  respected  brethren  of  our  XXth 
Article,  in  which  it  is  dec-hired  that  "the  Church  hath 
authority  in  controversies  of  faith:"  excluding,  by  fair 
implication,  controversies  of  secular  policy. 

The  proper  objects  to  be  secured  by  the  meetings  of 
ecclesiastical  Councils  are  thus  set  forth  by  Field,  in  his 
well  known  Treatise  (p.  643): — 

"The  causes  why  General  Councils  assemble,"  saith  he, 
"are  three :  1st,  the  suppressing  of  heresies  ;  2d,  a  general 
and  uniform  reformation  of  abuses  crept  into  the  Church ; 
and  3d,  the  taking  away  of  schisms  about  the  election  of 
pastors  and  rejection  of  intruders.  And  the  causes  that 
wcro  wont  to  be  examined  in  the  meetings  of  the  Bishojm  of 
the  Province  (p.  514)  were  the  ordinations  of  Bishops  when 
any  churches  were  void. and  the  depriving  and  rejecting  all 
Kuch  as  were  found  unworthy — and,  in  a  word,  any  com 
plaint  or  wrong  done  in  any  church  was  then  to  be  heard." 

To  these  I  shall  only  add  some  interesting  statements  of 
the  f.iilhful  and  laborious  Bingliam  (B.  XVI.,  ch.  2,  vol.  2, 
p.  'k;SO.  of  Bohn's  London  edition): 

••  The  power  of  the  Church  originally,"  saith  this  author. 
"  was  n  mere  spiritual  power,  her  sword  only  a  spiritual 
sword,  as  Cyprian  terms  it,  to  affect  the  soul  and  not  the 
body.  Hence  the  ancient  Bishops  were  accustomed  to 
plead  with  the  magistrates  and  the  emperors,  to  save  the 
lives  of  those  who  were  condemned  to  death  by  law." 

The  writer  proceeds  to  quote  S.  Augustine's  language 
to  an  African  judge,  as  follows : 

"  I  know  the  Apostle  says  'ye  bear  not  the  sword  in  vain, 
but  are  ministers  of  God  to  execute  wrath  upon  them  that 
<K«  evil.'  But  the  cause  of  the  State  is  one  thing,  and  the 
cause  of  the  Church  is  another.  The  administration  of  the 
State  is  to  be  carried  on  by  terror,  but  the  meekness  of  the 
Church  is  to  be  commended  by  her  clemency. 

"These  men,  with  the  sword  of  unrighteousness,  shed 
Christian  blood:  do  you  withhold  even  tho  lawful  tword  of 
judgment  from  being  imbrued  in  their  blood." 

"It  was  also  thought  some  cruelty,"  saith  Bingham 
elsewhere  (2  vol.  p.  1055.)  "or  at  least  a  very  improper 
and  unbecoming  thing,  for  any  clergyman  to  be  concerned 
in  judging  or  giving  sentence  hi  cases  of  blood.  The  laws 
allowed  them  to  be  chosen  arbitrators  of  men's  differences 
in  civil  causes,  but  they  had  no  power  at  all  in  criminal 
causes  except  such  as  were  purely  ecclesiastical,  and  least 
of  all  in  such  criminal  causes  where  life  and  death  were 
concerned.  Therefore  there  are  many  Canons  forbidding 
this  under  the  highest  censure  of  deprivation.  The  Coun 
cil  of  Tarragon  universally  forbids  the  clergy  to.sit  as  judges 
in  any  criminal  causes.  The  Council  of  Auxerre  more 
particularly  enjoins  presbyters  not  to  sitin  judgment  when 
jiny  man  is  to  be  condemned  to  die.  The  fourth  Council  of 
Toledo  allows  not  priests  to  sit  judges  in  cases  of  treai- 
son,  even  at  the  command  of  the  prince,  except  the  prince 
promised  beforehand  upon  oath  that  he  would  pardon  the 
offence,  and  remit  the  punishment.  If  they  did  otherwise, 
they  were  to  be  held  guilty  of  bloodshed  before  Christ,  find 
to  lose  their  order  and  degree  in  the  Church.  And  the 
eleventh  Council  of  Toledo  goes  even  further,  refusing 
them  lay-communion,  until  they  were  at  the  point  of 
death." 

These  quotations  might  be  greatly  multiplied,  but  they 
must  surely  bo  sufficient  to  prove  the  broad  distinction 
between  the  duty  of  the  State  and  the  office  of  the  Church, 
at  all  times,  but  especially  when  wars  and  rebellions, 
which  demand  HO  large  and  awful  an  amount  of  bloodshed, 
are  concerned.  Tho  great  atnd  glorious  object  of  the  divine 
Head  of  the  Church  was  "not  to  destroy  men  s  lives  but 
to  save  them."  And  if  the  voice  of  His  Church  is  to  be 
lifted  up  at  all,  with^reference  to  the  avenging  sword  of 
earth'y  governmmit,  it  would  set-in  to  be  only  when  she 
is  prepared  to  urge,  ior  Christ's  sake,  the  blessed  work  of 
peace  and  c-mciliation.  If  she  ni:;y  not.  wit'.<  propriety, 
d'.>  this,  und-T  th"  existing  condition  of  our  country,  she 
is  at.t  least  bound  to  abstain  from  any  act  which  would 
make  h-,-r  a  |«irly  in  the  m-nirnfu!  r  isk  of  slaughter. 

On  (he  whole  view,  therefore,  which  I  have  been  able  to 
Like  <>'  this  deeply  important  question,  I  (unconstrained, 


however  reluctantly,  to  stand  entirely  aloof  from  th"  nov*l 
movement,  which  pledges  the  Church  to  the  State  in  it» 
merely  political  administration.  To  that,  ns  individual 
citizens,  we  owe  ul!  lawful  obedience  and  support.  But 
here,  acting  as  Bishops  in  the  Church  of  Chribt.  we  have 
no  right  to  pass  beyond  the  circle  of  our  spiritual  functions, 
nor  to  express  any  opinion,  direct  or  indirect,  upon  the 
measures  of  our  secular  government. 

In  the  world,  we  are  all  ready  to  render  unto  Cassar  th« 
things  that  are  Caesar's.  In  the  Church,  we  must  confute 
ourselves  to  our  higher  duty  of  rendering  unto  God  the 
things  that  are  God's. 

The  adoption  of  any  other  -principle,  in  my  humble 
judgment,  can  only  lead  1o  strife  and  confusion.  For,  if 
we  claim  the  right  to  applaud  the  course  of  our  secular 
government  when  it  pleases  us,  we  must  also  claim  the 
right  to  condemn  its  measures  when  they  may  happen  to- 
be  unacceptable.  And  the  inevitable  result  must  be  that 
the  clergy  would  have  the  warrant  of  our  example  to 
discuss  every  political  movement  in  the  House  of  God,  and 
thus  degrade  our  high  and  spiritual  standing  to  the  tem 
poral  uses  of  party  and  popular  excitement. 

In  conclusion,  I  desire  to  say  that  I  yield  to  no  man  in 
my  loyally  as  a  citizen,  in  my  attachment  to  the  Federal 
Union  of  the  States,  or  in  my  deep  Borrow  that  any  event 
should  have  occurred  by  which  that  Union  could  be  en 
dangered  or  destroyed.  But  my  duty  as  a  citizen  is  one 
thing,  and  my  duty  as  a  Bishop  is  another.  By  the  first  I 
hold  a  relation  to  the  State;,  under  the  laws  and  the  Con 
stitution.  By  the  second.  I  hold,  however  unworthy,  at 
high  office  in  the  kingdom  of  Christ,  which  is  not  of  this 
world.  And  while  I  maintain  a  just  allegiance  to  the 
State,  I  am  hound  to  maintain  the  infinitely  more  solemn 
and  sublime  allegiance  to  my  omnipotent  Lord  and  Master 
in  such  wise,  that  I  in:ty  not  confound  the  lines  of  demarca 
tion  which  lie  has  placed  between  them  I  claim  no  in 
fluence,  however,  for  my  bumble  judgment  over  any  other 
mind,  and  am  perfectly  aware  that  I  am  personally  of  too 
little  importance  to  expect  it.  But  I  am  compelled  to  act 
on  my  own  conclusions  of  duty,  knowing,  as  I  d«».  that 
they  have  been  formed  on  tho  widest  examination  in  my 
power,  against  my  personal  sympathies  and  interest,  and 
solely  from  my  conviction  of  their  truth.  I  deny  not  the 
same  claim  to  conscientious  sincerity,  on  the  part  of  my 
respected  brethren  from  whom  I  differ.  I  shall  withdraw 
myself  from  any  particip  itijn  in  the  Pastoral  Letter, 
with  the  kindliest  feelings  of  fraternal  affection  towards 
all  my  colleagues,  without  exception.  And  I  trust,  by 
the  mercy  of  God.  that  I  shall  be  allowed  to  meet  them 
at  a  future  day,  under  happier  circumstances,  when  we 
may  assemble  together  again  in  a  true  union  of  sentiment 
and  action. 

JOHN  H.  HOPKINS, 

Bish(>p  f>f  Vermont. 

NEW  YORK.  HOUSE  OF  BISHOPS, 
October  15, 1862. 

THE  PASTORAL  LETTER  REJECTED  BY  THE  HODaE  OF  BISHOPS. 
For  the  first  time,  beloved  brethren,  si  nc.Mhe  separate 
organization  of  our  American  Church,  your  Bishops  are 
called  on  to  issue  a  Pastoral  Address,  under  very  mournful 
and  depressing  circumstances.  Our  country,  so  lately 
nourishing  in  prosperity  and  peace,  lies  bleeding  under  the 
terrible  affliction  of  the  bitterest  national  warfare.  Thou 
sands  upon  thousands  have  fallen  upon  the  field  of  battle, 
and  no  one  can  estimate  the  desolated  homes,  the  broken 
hearts,  the  misery  of  the  widows  and  tho  orphan;,  the 
poverty  and  wretchedness,  tho  woes  and  agonies,  which 
have  marked  the  awful  conflict.  The  Church  of  God,  in 
all  our  borders,  mourns  over  the  tremendous  sacrifices  of 
the  deadly  strife,  and  beholds  in  the  Bad  spectacle  of  our 
diminished  numbers,  and  the  dark  clouds  which  hang  over 
our  future  progress,  the  dreadful  results  of  disunion.  The 
Lord  of  heaven  and  earth,  whose  chastening  rod  has  been 
so  sorely  laid  upon  us.  is  the  only  power  on  whose  favor 
we  can  depend  for  our  deliverance,  and  we  have  sought,  on 
our  appointed  day  of  fasting,  humiliation,  and  prayer,  to 
deprecate  His  wrath  and  implore  His  mercy.  May  our 
humble  confession  of  sin  be  accepted  at  His  throne  of 
grace.  May  our  penitent  supplications  be  answered  in  the 
plenitude  of  His  goodness,  through  the  all-prevailing  inter 
cession  of  that  divine  Redeemer  who  atones  for  the  trans 
gressions  and  bears  the  sorrows  of  liis  people.  And  may 
He,  in  whose  hand  are  all  the  hearts  of  men,  turn  away 
from  us  tho  bitter  cup  of  our  national  calamities,  and 
restore  the  land  to  unity  and  peace! 

On  the  political  questions  which  have  been,  in  the  eyes 
of  the  world,  the  instrumental  causes  of  this  mournful 
conflict,  your  Bishops  have  no  wish  to  enter.  As  citize;.o. 
you  have  all  formed  your  own  conclusions  0:1  the  secular 
aspect  of  the  times,  and  with  those  conclusions  it  is  not 
our  province  to  interfere.  We  address  you  as  the  chief 
officers  of  the  king-loin  of  Christ,  which  is  not  of  this 
world.  Our  divine  Master,  when  His  enemies  sought  to 


APPENDIX. 


491 


entice  Tliin  into  an  avowal  of  His  opinions  on  the  right  of  \  calamities,  and  therefore  we  are  compelled  to  recogniza 


the  Romans  to  hold  Judea  in  subjection,  rejecte  1  tin 
tation,  and  guve  them  the  admirable  and  comprehynuive 
prcvept,  "  Render  unto  Caesar  the  things  that,  be  Ca>s.>r's, 
and  unto  God,  the  things  that  be  God's."  And  the  in 
spired  3.  Paul,  faithfully  following  his  Lord's  example, 
declined  all  expressions'  involving  the  character  or  the 
measures  of  civil  government,  while  he  laid  down,  with 
clear  precision,  the  rule  of  Christian  duty :  "  Let  every 
soul  be  subject  to  the  higher  powers.  For  there  is  no 
power  but  of  God.  Tlie  powers  that  be  are  ordained  of 
God.  Whosoever,  therefore,  resisteth  the  power,  reriisteth 
the  ordinance  of  God:  and  they  that  resist,  shall  receive 
unto  themselves  damnation."  Here  then  we  have  at 
onco  the  warrant  and  the  limitation  of  the  doctrine,  which 
the  Church  has  always  maintained.  As  followers  of  the 
blessed  Apostles,  we  desire  to  tread  in  the  same  path,  and 
presume  not,  in  the  exercise  of  our  solemn  office,  to  go  one 
step  beyond  them.  Leaving,  therefore,  the  secular  aspects 
of  this  awful  war  to  statesmen  and  to  politicians,  to  whom 
they  properly  belong,  we  confine  ourselves  to  the  religious 
character  of  our  national  afflictions,  and  proceed  to  place 
before  you  the  primary  cause  to  which,  according  to  the 
principles  of  our  sacred  faith,  we  are  compelled  to  ascribe 
the  distracted  condition  of  our  country. 

No  truth  is  inrre  plainly  taught  in  the  Bible  than  this  : 
that  the  nations  of  the  woild  depend  on  the  government 
of  heaven  for  all  their  peace,  their  honor  and  prosperity. 
Their  rise,  their  progress,  their  wars,  their  victories,  their 
decline,  and  their  destruction,  are  all  allotted  to  them  by 
the  judgment  of  God,  in  accordance  with  the  measure  of 
their  loyalty  to  His  government,  or  their  rebellion  against 
His  sacred  law.  '•  Righteousness  exalteth  a  nation,  but 
Bin  is  the  reproach  of  any  people:"  not  always  in  the  judg 
ment  of  the  world,  but  in  the  judgment  of  Him  who  rules 
the  world,  that  glorious  and  divine  Redeemer,  who  has  all 
power,  both  in  heaven  and  on  earth,  the  King  of  kings, 
the  Lord  of  lords,  the  Almighty  Master  of  the  universe. 

The  government  of  earth  is  a  divine  institution,  easel 


to  the  peace,  good  order,  and  civil  rights   of  every    on  others,  and  chasten  us  sorely  for  our  sins '( 


organized  community.  A  loyal  submission  to  it  is  there 
fore  enjoined  by  the  Gospel  as  a  branch  of  Christian  duty, 
and  rebellion  against  its  lawful  authority  is  a  si u  against 
the  ordinance  of  God.  But  we  know,  from  the  history  of 
Israel,  that  the  government  of  earth  may  set  itself  against 
the  government  of  heaven,  to  which  it  owes  its  own  ex- 


the  Divine  judgment  in  the  terrible  scourge  under  which 
our  once  peaceful  and  united  country  now  lies  bleeding.. 
Raised  by  the  hand  of  Omnipotence  to  a  state  of  man^l-- 
lous  prosperity;  placed  high  amongst  the  powers  <;f  the 
earth  by  a  career  of  advancement  rapid  and  extraordinary 
beyond  all  example  since  the  days  of  ancient  Israel ;  the 
In  roe  of  liberty  and  equal  rights;  the  asylum  of  the 
exile,  the  persecuted,  and  the  poor;  the  land  of  perfect 
Christian  toleration:  what  region  in  the  world  had  so- 
many  and  such  precious  privileges  conferred  upon  it  by 
the  favoring  Providence  of  the  Almighty  ?  And  if  we 
have  proved  unthankful,  proud,  and  faithless,  towards  our 
divine  .Benefactor ;  if  we  have  given  to  our  heroes  and  our 
statesmen  the  praise  which  was  due  to  Him;  if  \ve  hr.ve- 
put  our  trust  not  in  His  favor  but  in  our  own  enterprise, 
and  strength,  and  courage,  and  sagacity ;  if  we  have  made 
popularity  and  wealth  the  objects  of  our  idolatry,  and 
taken  the  voice  of  the  people  instead  of  the  voice  of  God ; 
if  we  have  worshipped  our  political  Constitution,  while  wtv 
despised  and  practically  rejected  the  government  of  heaven : 
if  even  professing  Christians  themselves  presumed  to  set 
up  a  higher  law  than  the  Bihlt,  and  established  now  term.*- 
for  the,  communion,  and  made  their  modern  notions  of 
philanthropy  the  rule  for  their  brethren,  against,  Die  plain 
allowance  of  the  inspired  Apostles;  if  the  great  majority 
of  our  men  stood  aloof  from  the  Gospel  in  contempt  of  the 
declaration  of  Christ  when  He  said  "  He  that  is  not  with 
Me  is  against  Me;''  if  the  Lord's  day  was  made  a  time  for 
wordly  amusement,  and  His  churches  were  neglected  as- 
the  houses  of  prayer,  and  only  thronged  when  they  were 
used  for  political  denunciation  or  theatrical  display;  if 
infidelity  and  immorality  were  rewarded  with  public 
trusts  and  honors,  and  the  mass  of  the  people  lived  as 
if  they  had  no  God  to  obey,  no  souls  to  save,  and  no  im 
mortal  happiness  to  secure;  if  all  this  and  much  more  of 
bold  and  habitual  rebellion  against  the  government  of 
heaven  could  be  truly  laid  to  our  charge,  why  should  not 
the  judgment  of  the  Lord  fall  on  our  nation,  even  as  it  had 


And — painful  as  the  acknowledgment  must  be — we  can 
not  deny  the  truth  of  the  accusation.  On  the  contrary, 
beloved  brethren,  we  are  compelled  to  add  yet  more  to  the 
reproach  which  the  Redeemer  may  most  justly  lay  upon 


our  people.     Rebellion  against  Him  has  raised  its  front 
with  bra/.eii  audacity,  by  direct  assaults  on  Christianity  in 

istence,  and  may  thus  incur  the  heavy  chastisement  of  the  I  many  quarters.  '•  Oppositions  of  science,  falsely  so-called." 
Almightv.  We  know  that  the  chosen  nation  which  was  I  have  been  received  with  general  approbation.  Infidel 
distinguished  above  all  others  by  the  favor  of  the  Lord—  I  societies  using  the  Lord's  day  for  meetings  to  denounce 
and  amongst  whom  lie  had  graciously  established  His  |  and  ridicule  the  Gospel,  have  become,  in  some  cities,  regu- 
peculiar  dwelling  place—  fell  away  from*  their  spiritual  al-  I  lar  institutions.  Necromancy,  under  the  name  of  Spirit- 
legiance,  and  forfeited  all  their  glorious  privileges.  We  !  ualisrn,  has  run  like  wild  lire  through  the  land,  deluding 
know  that  the  revolt  of  the  Ten  Tribes  against  the  lawful  I  multitudes  to  condemn  the  Church,  in  all  its  varieties,  a* 
authority  of  llehoboam  was  decreed  by  the  express  judg-  |  the,  teacher  of  falsehood  and  superstition.  The  guar- 
ment  of  the  Most  High:  in  punishment  of  the  idolatry  I  dianship  of  the  Bible  over  the  oath  of  office  has  been 
introduced  by  the  wise  and  famous  Solomon,  through  a  |  openly  and  altogether  disclaimed,  and  the  delegates  of 
weak  indulgence  of  his  favorites.  We  know  that  this  I  polygamy,  from  the  territory  of  Mormonism,  are  admit  tod. 
heavy  punishment  failed  to  reclaim  them,  and  that  wars  side  by  bide  with  the  members  of  our  Congress.  The 
and  insurrections  succeeded,  through  a  long  course  of  |  Chinese  in  San  Francisco  are  even  allowed  to  erect 


years,  until  at.  length  the  inhabitants  of  Samaria  were  led  I  temple  to  their  idol   Buddha,  thus  publicly  proclaiming  to 

'  the  world  that  our  nation,  once  supposed  to  be  Chris  i.uu 


away  into  captivity,  and  the  same  destiny  was  afterwai 
appointed  to  rebellious  Judah.  while  both  of  these  events 
are  recorded  as  the  decrees  of  heaven  on  their  iniquity. 
And  we  know  that  after  the  temporary  restoration  of 
Judah,  their  awful  rejection  of  the  Son  of  God  was  visited 
by  their  extinction  as  a  nation,  and  that  the  posterity  of 
Jacob  have  been  for  eighteen  centuries  scattered  abroad, 
•without  a  country  or  a  government  which  they  could  call 
their  own. 

Nor  is  this  the  whole.  •  Thf  Bible  declares  that  the  fate 
of  all  nations  depends  on  the  same  divine  appointment. 
The  Lord  setteth  up  one,  and  putteth  down  another,  accord 
ing  to  His  righteous  will,  and  prophecy  and  history  concur 
to  prove  the  absolute  power  of  His  dominion.  From  the 
whole,  therefore,  of  this  sacred  record,  given  for  the  in 
struction  of  the  Church  to  the  end  of  the  world,  we  learn 
the  solemn  truth  that  rebellion  against  the  government  of 
heaven  may  be  fearfully  chastised  by  rebellion  against  the 
government  of  earth,  and  l>y  every  other  form  of  human 


prepared  to  tolerate  all  the  abominations  of  absolute 
heathenism.  And  how  have  the  laws  of  morality  been 
heeded  in  the  oldest  and  best  established  portions  of  the 
land?  Bribery  in  our  elections, bribery  in  our  legislatures, 
bribery  in  Congress  itself;  frauds  in  public  contracts, 
falsehoods  and  deceits  for  party  purposes,  the  rapidly 
increasing  recklessness  of  human  life,  and  the  fearful 
growth  of  youthful  licentiousness, — all  concur  to  prove 
our  mournful  degeneracy.  Ahus!  rebellion  against  the 
government  of  God  has  been  at  work  for  years  in  our  once 
favored  country,  and  we  have  no  reason  to  woadcr  that  it 
has  at  length  brought  down  upon  us  the  judgment  of  His 
righteous  indignation. 

We  are  far,  however,  from  applying  this  statement  to  the- 
whole.  We  are  well  aware  that  many  wise  and  thoughtful 
men  are  scattered  throughout  the  land  who  foresaw  the  ap 
proaching  danger,  and  raised  their  warning  voice  in  vain. 
We  doubt  not  that  there  are  thousands  upon  thousand* 


calamity,  in  just  fulfilment  of  the  judgment  pronounced  by     who   could   not    be  justly  accused    of  any  share   in    the 
the  Almighty  Himself  on  the  sins  of  the  nations.  prevalent  delinquency.     But  the  character  of  nations, 

No  Christian  man  can  doubt  that  such  is  still  the  prin-  |  such,  is  determined,  in  the  sight  of  God.  not  by  the  coin- 
ciple  on  which  the  Lord  administers  His  government,  and  j  parative  few,  but  by  the  immense  majority.  And  linked 
such  it  must  continue  to  the  end,  for  God  is  the  same,  together  as  we  are  by  our  social  connections  in  this  present 
yesterday,  to-day,  and  forever.  If  we  look  at-  the  changes  I  life,  it  must  needs  be,  to  a  hwge  extent,  that  the  innocent 


imongst  the  nations  of  Christendom  in  modern  times,  what 
do  we  behold  but  war  nfter  war,  rebellion  after  rebellion, 
revolution  after  revolution,  and  no  warrant  for  security  or 
stability  to  any  government  under  heaven,  because  there 


'from  the  plague,  of  rebellion 


will  suffer  with  the  guilty. 

The  period  in  which  we  live,  beloved  brethren,  is 
iu  Scripture  "  the  last  days  ;'  preceding  the  second  advent 
of  the  Lord  to  judge  both  the  quick  and  the  dead,  and  we 


confess,    with  sorrow,  the  application  to  ourselves  of  the 
description  set  forth  by  S.  Paul  when  he  saith  that  "in  the 


is  no  nation  under  heaven  In 

against  the  supreme  government  of  their  Creator  and  Re 
deemer — the  King  of  kings.  i  last,   days   pe 

these  manilivt  grounds  of  Scripture  and  history,  it  is  j  lovers  of  their  own  selves,  covetous,  boasters,  proud,  bla 

disobedient    to    parents,    unthankful,    unholy. 


List    days    perilous    times   shall   come      l-'or  men  -!. 
I  love 
easy  to  determine  the  religious  aspect  of  our  own  national  1  ph«-mous, 


492 


APPEXDJX. 


idtural  affections,  trace-breakers,  false  accusers. 


>t ••  ~  »*»  ,?"-'u   l"«v  nun:  iiif^  ^;  e;iL  \\  ai  MIC  H"ailJ^l  * 

ion  of  our  own  j  the  world,  and  the  devil,  or  from  the  steadfast  labor 


But  while  we  confess,  with  humility  and  com 


oD,  j  making  a  rebellion!  generation  lay  to  heart  the 


we  never  fail  to  hear  the  pure  infractions  of  'His  Word, 
-and  in  all  of  whose  regular  offices  wo  have  the  constant 
recurrence  of  the  primitive  creeds  to  guard  our  faith,  and 
the  prayers  of  the  ancient  saints  and  martyrs  to  guide  our 
devotions,  we  enjoy  the  inestimable  privilege  of  a  high  and 
holy  standard  displayed  continually  before  our  eyes  to 
keep  us  in  the  path  of  divine  truth,  and  protect  us  against 
the  errors  of  popular  delusion. 

As  individuals,  we  deny  not  our  liability  to  be  affected 
by  the  spirit  of  the  age  We  deny  not  our  personal  de 
fects.  We  seek  not  to  extenuate  or  excuse  our  personal 
transgressions.  We  claim  no  superiority  to  ourselves  over 
other  Christian  men.  in  wisdom,  strength,  or  piety.  But 
we  acknowledge,  with  humble  gratitude  to  our  Almighty 
Lord  and  Master,  the  superior  advantages  which  He  lias 
bestowed  upon  us,  in  the  system  of  His  Apostolic  Church, 
.and  to  that,  through  His  blessing,  we  ascribe  the  precious 
peculiarity  of  our  position,  in  relation  to  our  present 
national  calamities. 

The  doctrine  of  the  Church  proclaims  complete  and 
unswerving  allegiance,  first,  to  the  divine  Redeemer  who 
his  all  power  in  heaven  and  in  earth,  and  secondly,  to  the 
government  under  which  His  Providence  has  placed  us. 
With  respect  to  this  we  have  already  cited  the  language  of 
the  inspired  Apostle:  "Let  every  soul  be  subject  to  the 
higher  powers,  for  there  is  no  power  but  of  God  ;  the 
powers  that  be  are  ordained  of  God  Whosoever,  there 
fore,  resisteth  the  power,  resisteth  the  ordinance  of  God, 
and  they  that  resist  shall  receive  to  themselves  damna 
tion."  No  government  on  earth  could  frame  so  sure  a 
guaranty  ot  loyalty. 

These  principles,  delivered  to  us  from  the  Holy  Spirit, 
have  always  been,  and  we  trust  will  always  be,  the  stand 
nrd  of  thy  Church.  They  are  the  only  unfailing  warrant  of 
th;.t  high  Christian  allegiance  which  rests  obedience  to  the 
lawful  authority  of  earth  upon  the  paramount  duty  of  obe 
dience  to  the  supreme  authority  of  heaven.  The  Church 
kno  AS  nothing  of  that  delusive  "higher  law,"  which  pre 
sumes  to  set  at  naught  the  plain  instructions  of  the  Word 
of  (><>d.  in  subservience  to  a  weak  and  visionary  philan 
thropy.  Faithful  to  the  Constitution  of  His  government, 
as  contained  in  the  holy  Scriptures,  faithful  to  the  letter 
and  the  spirit  of  the  Constitution  of  the  land,  faithful  to 
the.  decisions  of  the  Federal  tribunals  which  that  Constitu 
tion  has  established,  the  Church  stands  pre-eminent  before 
the  world,  not  in  numbers,  and  far  less  in  the  work  of 
party  strife  or  political  agitation,  but  pre-eminent  neverthe 
less,  as  the  Church  of  unity  and  peace,  of  law  and  order. 
Wo  spc-ak  not  of  all  its  members.  Exceptions  the'  e  are, 
and  must  be,  to  every  general  rule.  But  wo  can  confidently 
say  —  and  we  bless  God  for  it  —  that  as  a  whole,  these  arc  the 
principles  which  have  guided  our  course.  Our  clergy  have 
Inlfiileil  their  sacred  office  in  preaching  Christ  mid  Him 
crucified,  without  falling  into  the  dangerous  error 


ing  politics  with  religion. 


f  mix 
Our  laity  havo  desired  no  min- 


rtw  of  God  to  entertain  them  with  party  diatribes  instead 
•of  t  ho  Gospel.  Our  Conventions  have  adopted  no  resolution 
that,  was  to  eign  to  the  proper  duty  of  the  Church.  And 
no  candid  and  intelligent  mind  can  doubt  that  if  every 
other  reli.'cious  body  in  the  United  State's  bad  been  governed 
by  the  sain.,  principles,  andhad  adhered  with  equal  fidelity 
to  the  W;>rd  of  God,  we  should  at  least  have  been  saved 
from  the  miseries  of  this  mournful  war,  and  been  allowed, 
lor  many  years,  to  enjoy  the  temporal  blessings  of  peaceful 
and  fraternal  union. 

Your  Bishops,  beloved  brethren,  in  compliance  with  your 
express  desire,  proceed,  in  conclusion,  to  address  a  few 
words  of  affectionate  and  pastoral  counsel  to  all  the  clergy 
and  the  laity,  who  are  placed,  by  the  law  of  the  Church,  under 
their  official  supervision. 

To  the  clerpy  wo  would  strongly  recommend  tho  firm 
adherence  to  the  same  course,  which  we  rejoice  to  say  they 
have  thus  far  generally  pursued,  and  which  is  laid  'down. 
with  such  solemn  plainness,  in  the  office  of  Ordination. 
"Yon  cannot,  reverend  brethren-,  maintain  your  proper  in 
fluence  over  your  Hocks,  by  descending  from  your  high  and 
sacred  position  as  the  ministers  of  Christ,  in  order  to  uratify 
t}\"  political  iv-eling  of  the  day,  or  by  lowering  the  spirit 
ual  dignity  of  the  sacred  desk,  under  any  pretext,  to  the 
level  of  u  secular  platform.  As  citizens  ol  our  great  lie- 


ting  the  ignuraut  With  patient 

kindness,  guarding  and  teaching  the  young  with  polii  itouf 
affection,  rebuking  sin  with  mild  firmness,  preaching  in 
public,  with  all  authority,  the  terrors  of  the  law,  and  the 
surpassing  love  and  mercy  of  the  Gospel,  and  showing  in 
ail  your  deportment,  that  your  own  htarts  arc  set  upon  the 
glorious  inheritance  of  immortality,  you  will  be  enabled 
by  the  blessing  of  God,  to  make  full  proof  <>f  your  ministi  v' 
and  in  despite  of  all  your  difficulties  and  discouragement's 
the  pleasure  of  the  L  »rd  will  prosper  in  your  hand. 

To  our  beioved  brethren  of  the  laity  we  would  say  that 
the  success  of  all  ministerial  work,  and  the  pure  consistency 
of  all  ministerial  ch.iracter,  must  depend,  to  a  large  extent, 
on  your  faithful  co-operation.  We  are  all  men  of  like  pas 
sions  with  yourselves,  arid  you  cannot  expect  us  to  be  en 
tirely  exempt  from  the  influence  of  social  opposition,  or 
social  sympathy.  0  forget  not  that  theChurch  is  instituted 
for  you  and  your  children,  thu  the  clergy  are  ordained  to 
be  your  servants  for  Jesus'  sake,  that  it  is  lor  you  they  pray 
and  study  and  labor  a;id  toil,  in  order  rightly  to  divide  the 
word  of  truth,  and  give  to  each  his  portion  in  due  season. 
lempt  them  not,  we  beseech  you,  to  leave  their  sacred 
office,  in  the  service  of  worldly  strife,  or  political  agitation. 
Sustain  them  in  their  proper  work  by  a  punctual  and  rev 
erent  attendance  on  their  ministrations.  Set  to  your  fami 
lies,  and  especially  to  your  sous,  the  pure  example  which 
you  know  they  ought  to  follow,  and  fall  not  into  the  too 
common  error  of  supposing  that  a  trifling  contribution  to 
the  treasury  of  the  Church  is  enough  for  the  worship  of 
God,  while  the  whole  practical  influence  of  your  life  id 
openly  given  to  the  worship  of  Mammon. 

We  lament  the  sad  decline  of  the  Missions  of  the  Church, 
both  foreign  and  domestic,  since  the  commencement  of  our 
national  troubles.  But  is  this  consistent  with  Christian 
principle  ?  Doubtless  the  burdens  of  public  necessity  are 
heavy,  and  your  Bishops  are  ready  to  applaud  the  Zealand 
generous  liberality  with  which  you,  our  brethren  of  the 
laity,  have  so  well  sustained  them.  Yet,  although  the  dis 
play  of  your  patriotic  feeling  is  worthy  of  commendation 
and  the  universal  effort,  to  supply  the 'wants  and  alleviate 
the  sufferings  of  the  army,  is  especially  deserving  of  all 
praise,  wo  would  affectionately  ask  you  whether  these  du 
ties  should  be  allowed  to  diminish  the  slender  support  of 
your  ministers,  or  the  missionary  f-nterpriscs  of  the  Church 
of  God?  Shall  the  soldiers  of  the  Republic  be  tendcrlv 
supported,  and  shall  the  soldiers  of  Christ  be  neglected  or 
forgotten?  We  do  not  see  that  the  pressure  of  the  times 
prevents  the  lavishing  of  a  countless  amount  upon  worldly 
pleasure  and  amusement,  and  shall  that  pressure  be  an 
apology  for  lessening  the  support  of  the  everlasting  Gospel  ? 
Surely,  surely,  these  things  ought  not  so  to  be.  The  salaries 
of  the  clergy  should  rather  be  increased  in  proportion  t» 
the  increased  price  of  the  necessaries  of  life,  and  all  the 
missions  and  institutions  of  the  Church  should  be  sustained 
more  zealously  than  ever,  for  the  very  reason  that  the  dis 
cipline  of  the  Lord  is  resting  on  tho  laud  in  punishment  of 
our  iniquities.  For  this  proof 'of  your  devotion  would  go 
how  your  earnest  desire  to  deprecate  His  wrath,  and 
His  mercy,  and  would  manifest  your  sincerity  in  the 
acknowledgment  that  the  safety  ar.d  prosperity  of  on  r  gov 
ernment  on  earth  depend  on  the  blessing  of  that  Saviour 
who  is  the  Supreme  Governor  of  earth  ami  heaven. 

We  have  only  to  add  the  expression  of  our  humble  and 
fervent  hope  that  His  goodness  will  be  displayed  in  the 
speedy  restoration  of  peace  and  unity,  that  our  national 
dis'ractions  will  cease,  and  that  the  terribie  conflicts  and 
sufferings  of  this  tremendous  warfare  will  prove  to  be,  notii 
judgment  sent  to  destroy  our  national  Government,  but  ft 
salutary  chastisement  fn>m  His  fatherly  hand,  to  purify  us 
from  corruption  and  impiety.  Wo  trust  that  it  will  impress 
upon  the  great  body  of  our  people  the  solemn  truth,  which 
so  many  profess  while  to  low  rcali/e  it,  that  the  favor  of 
God  is  essential  to  our  earthly  prosperity, ami  that  rebellion 
against  the  authority  of  heaven  is  sure,  sooner  or  later,  to 
call  down  His  righteous  wrath  and  indignatio 


far  to  : 
invoki 


shall  we  be  if  the  inhabitants  of 


n       ngnaton.     Happy 
ur  land,  admonished  by 

this  severe  discipline,  submit  themselves  to  the  divine  Re 
deemer,  with  deep  repentance  for  their  past  transgressions 
of  His  laws,  and  with  earnest  r.  solutions  of  obedience,  in 
faituful  reliance  on  His  grace  for  the  time  to  come.  Happy 
if  we  remember  that  Hoots  ami  armies  can  be  no  effectual 


APPENDIX. 


493 


substitute  for  the  fiiTor  of  the  Lord  of  hosts.  Happy  if  we 
truly  learn  that  the  lie-arts  of  men  are  in  the  hand  of  God, 
and  that  He  alone  can  preserve  our  country  in  the  enjoy 
ment  of  peace  and  unity. 

And  now,  beloved  brethren,  we  bid  you,  one  and  all,  an 
affectionate  farewell.  May  the  blessing  of  the  Almighty 
a;  company  you  to  your  homes,  and  protect  you  and  yours 
from  every  danger.  May  you  all — clergy  and  laity — the 
teachers  and  the  taught — be  guided  by  the  sacred  rules  of 
living  i'.ith  and  grateful  obedience,  under  the  banner  of  that 
Saviour  whoso  name  is  love.  M:ty  every  soul  contribute  by 
his  personal  example  to  make  the  Church  of  Christ  a  burn 
ing:  and  a  shining  light,  in  thu  darkness  of  a  sinful  world. 
Audm  iy  \vo  all  l>  -united  in  th  -.)  advancement  of  her  sacred 
mission,  proclaiming,  with  one  heart  and  voice,  li  Glory  to 
God  in  the  highest,  and  on  earth  peace,  good  will  to  men!" 

REPLY  OF    PRESIDENT    LINCOLN  TO    THE    PASTORAL 
LETTER. 

RIGHT  REVEREND  AND  DEAR  SIR  :  The  copy  which  you  sent 
me  of  the  li  Pastoral  Letter  of  the  Bishops  of  the  Protestant 
Episcopal  Church  in  the  United  States  of  America,"  has 
been  submitted  to  the  President.  He  authorizes  mo  to 
assure  you  that  hf*  receives  with  the  most  grateful  satisfac 
tion  the  evidences  which  that  calm,  candid,  arid  earnest 
paper  gives  of  the  loyalty  of  the  very  extended  religious 
communion  over  which  yon  preside,  to  the  Constitution  and 
Government  of, the  United  States.  I  am  further  instructed 
to  say  that  the  exposition  which  the  highest  ecclesiastical 
auihority  of  that  communion  has  given  i:i  the  Pastoral  let 
ter,  of  the  intimate  connection  which  exists  between  fer 
vent  patriotism  and  true  Christianity,  seems  to  the  President 
equally  seasonable  and  unanswerable.  Earnestly  invoking 
•the  Divine  blessing  equally  upon  our  religious  and  civil  in 
stitutions,  that  they  may  altogether  safely  resist  the  storm 
nf  faction,  and  continue  hereafter,  as  heretofore,  to  sustain 
and  invigorate  each  other,  and  so  promote  the  common  wel 
fare  of  mar.  kind,  I  have  the  honor  to  be,  right  reverend  and 
dear  sir,  faithfully  yours, 

WILLIAM  II.  SEWARD. 
To  C.  P.  MclLVAiNE,  D.  D.,  D.  C.  L. 


PBOTESTANT  EPISCOPAL  CONVENTION  OP  THE  DIO 
CESE    OF    PENNSYLVANIA. 

At  Pittsburg,  May  26,  1864: 

Resolved,  That  we  hereby  declare  our  unfaltering  allegiance 
to  the  Government  of  the  United  States,  and  that  we  pledge 
it  out-  willing  devotion  and  service;  and  that,  as  a  body  of 
Christians,  we  will  ever  "  pray  that  in  God's  own  time  and 
way  this  rebellion  may  be  put  down ;  that  oppression  and 

1 1 very  in  all  its  forms  may  be  done  away;  that  freedom  of 
bo;ly  and  mind,  political  and  religious,  may  everywhere  pre 
vail;  that  the  emancipated  negroes,  whom  God,  in  His  prov 
idence,  is  committing  to  our  care,  may  be  the  objects  of  our 
liberal  and  Christian  regard  and  instruction  ;  that  war  may 
soon  cease  throughout  all  our  borders,  and  that  our  now 
lacerated  country  may  again  be  so  united  that  from  the 
1'ikes  on  the  North  to  the  Gulf  on  the  South,  and  from  the 
Atlantic  to  the  Pacific,  there  shall  be  but  one  Union,  one 
Government,  one  flag,  one  Constitution,  the  whole  culmina 
ting  in  that  higher  glory  which  shall  make  this  nation 
EmamnTs  land — a  mountain  of  holiness  and  a  dwelling 
place  of  righteousness." 

This  resolution  was  adopted  as  a  substitute — 
yens  125,  nays  93— for  these,  (the  latter  offered 
by  Rev.  Dr.  Goodwin,  of  Philadelphia ;  the 
f'jrmer  by  Rev.  Mr.  Van  Deusen,  of  Pittsburg  :) 

Whereas  there  exists  in  this  country  organized  and 
armed  rebellion,  whose  purpose  is  the  destruction  of  our 
national  Union  and  the  perpetuation  of  negro  slavery;  and 
whereas  this  rebellion  has  more  and  more  assumed  a  char 
acter  of  barbarous  fanaticism  and  murderous  lerocity,  on 
the  part  of  the  enemies  of  the  nation;  therefore,  in  view  of 
the  cause  and  character  of  the  struggle, 

Rwilvi'd.  That  this  convention  of  the  Protestant  Episco 
pal  Church,  in  the  diocese  of  Pennsylvania,  as  a  body  of 
Christian  men,  pledge  the  Government  of  our  country  our 
prayers,  sympathy,  and  support  in  this  war  for  existence, 
Union,  liberty,  and  peaces 

Resolved,  That  the  authors  and  abettors  of  this  rebellion, 
wherever  they  are  found,  are  alone  guilty  of  all  the  blood 
shed  and  desolation  on  either  side,  entailed  upon  the  North 
and  South,  now  or  hereafter. 

Retained,  That,  in  the  long  delay  of  success  in  crushing 
this  monstrous  rebellion,  we  see  wonderfully  manifest  the 
hand  of  Gud,  training  by  Ilia  severest  chastisements  this 
reluctant  people  to  do  justice  and  show  mercy  to  a  long- 
oppressed  and  outraged  race. 


Resol"fd.   That,  under  the   present    circumstances,  th» 

National    Government,  whether  executive,  Iegis!ativet  or 

judicial,  is,  in  our  judgment,  solemnly  bound  to  use  all  it* 

j  power  and   employ   every  authorized  and  constituticLal 

I  means  for  the  speedy  and  total  abolition  of  slavery  through- 

j  out  the  land,  and  that,  as  patriots,  freemen  and  Christians, 

we  shall  hail  with  jubilant  gladness  and  devout  gratitude 

to  God  the  day  of  its  final  extinction. 

Subsequently,  the  preamble  above  recited 
was  prefixed  to  the  resolution  adopted ;  and 
the  resolution  and  preamble  adopted  with  but 
one  dissenting  vote. 


PROTEST  OF  PENNSYLVANIA  EPISCOPALIANS 
AGAINST  BISHOP  HOPKINS'S  DEFENCE  OF 
SOUTHERN  SLAVERY. 

The  subscribers  deeply  regret  that  the  fact  of  the  exten 
sive  circulation  throughout  this  Diocese  of  a  letter  by 
"  John  Henry  Hopkins,  Bishop  of  the  Diocese  of  Vermont," 
in  defence  of  .Southern  slavery,  compels  them  to  make  this 
public  protest.  It  is  not  their  province  to  mix  in  any  po 
litical  canvass.  But  as  ministers  of  Christ,  in  the  Protes 
tant  Episcopal  Church,  it  becomes  them  to  deny  any  com 
plicity  or  sympathy  with  such  a  defence. 

This  attempt  not  only  to  apologize  for  slavery  in  the  ab 
stract,  but  to  advocate  it  as  it  exists  in  the  cotton  States,  andt 
in  States  which  sell  men  and  women  in  the  open  market  a* 
their  staple  product,  is,  in  their  judgment,  unworthy  of  any 
servant  of  Jesus  Christ.  As  an  effort  to  sustain,  on  Bible 
principles,  the  States  in  rebellion  against  the  Government, 
in  the  wicked  attempt  to  establish  by  force  of  arms  a  ty 
ranny  under  the  name  of  a  republic,  whose  "corner-stone"* 
shall  be  the  perpetual  bondage  of  the  African,  it  challenged 
their  indignant  reprobation. 
PHILADEI  PHIA,  September,  1863. 

Alonzo  Potter,  George  A.  Latimer, 

John  Rodney,  R.  lleber  Newton, 

E.  A.  Washburne,  John  C.  Furey, 

Peter  Van  Pelt,  Charles  A.  Maison, 

H.  W.  Du.cacaet,  Charles  W.  Quick, 

John  S.  Stone,  H.  T.  Wells, 

George  Leeds,  D.  C.  Millett, 

Richard  D.  Hall,  J.  W.  Leadonham, 

Joseph  D.  Newlin,  Jacob  M.  Douglass, 

B.  Wistar  Morris,  R.  A.  Garden, 

Daniel  S.  Miller,  R.  C.  Matlack, 

Kingston  Goddard,  L.  Ward  Smith, 

Phillips  Brooks,  Samuel  E.  Appleton, 

0        Addison  B.  Atkins,  William  J.  Alsten, 

Herman  Hooker,  John  Adams  Jerome, 

Benjamin  Watson,  Joseph  A.  Stone, 

Edward  L.  Lycett,  Albra  Wadleigh, 

Lewis  W.  Gibson,  W.  S.  Perkins, 

R.  W.  Oliver,  Francis  E.  Arnold, 

Henry  Brown,  George  H.  Jenks, 

W.  R.  Stockton,  William  S.  Heaton, 

Edward  A.  Foggo,  Robert  B.  Peet, 

Thomas  S.  Yocum,  John  Reynolds, 

Benjamin  Dorr,  William  Hilton, 

Jehu  C.  Clay,  Washington  B.  Erben, 

William  Suddards,  Benjamin  J.  Douglass, 

D.  R.  Goodwin,  John  Ireland, 

M.  A.  DeW.  Howe,  D.  C.  James, 

Henry  S.  Spackman,  E   N.  Potter, 

James  'day,  W.  II.  D.  Hatton, 

John  A.  Childs,  Thomas  W.  Martin, 

Thomas  C.  Yarnall,  Frederick  W.  Beaslcy, 

Edward  Loundsbery,  John  P.  Lundy, 

Henry  M.  Stuart,  George  A.  Crooke, 

J.  Gordon  Maxwell,  Richardson  Graham, 

John  A.  Vaughan,  E.  S.  Watson, 

Charles  D.  Cooper,  Samuel  Edwards, 

Wilbur  F.  Paddock,  George  A.  Durborow, 

Thomas  Crumptou,  Joseph  R.  Moore, 

George  D.  Miles,  Thomas  B.  Barker, 

B.  B.  Killikelly,  S.  Tweedale, 
Alexander  McLeod,                   Marcus  A.  To!  man, 
Leighton  Colernan,                   John  II.  Drumm, 
Richard  Smith,  S.  Newton  Spear, 
J.  Isador  Mombert,                   Louis  C.  Newman, 
Joel  Rudderow,                         Edward  C.  Jones 
Archibald  Beatty,                      E.  W.  Hening, 

C.  A.  L.  Richards,  Samuel  Durborow, 
George  A.  Strong,                      C.  C.  Parker, 
Gustavus  M.  Murray,              Henry  Pardon, 
George  W.  Shinn,                     Benjamin  H.  Abbott, 
Samuel  Hall,                             John  II.  Marsden, 
George  G.  Field,                         Samuel  B.  Dalrvmpl*. 
Reeae  C.  Evans,                        Alfred  Elwyn,  ' 


APPENDIX. 


Robert  G.  Chase, 
Samuel  Hiizk-hurst, 
.Edwin  N.  Lightiier, 
David  0.  Page, 
JohnCromlish, 
William  Preston, 
George  Slattery, 
Francis  J.  Clerc, 
Robert  J.  Parvin, 
Richard  Newton, 
G.  Emlen  Hare, 
W.  W.  Spear, 
II.  J.  Morton, 
Thomas  II.  Culleii, 
J.  McAlpin  Harding, 
William  Ely, 
Marisou  Byllesby, 
J.  Livingston  Reese, 
Augustus  A.  Marple, 
B.  T.  Noakes, 
1>.  Otis  Kellogg, 
Daniel  Wash  burn, 
Samuel  E.  Smith, 
Tread  well  Walden, 
Herman  L.  Duhrir.g, 
Charles  M.  Dupny, 
John  II.  B'ibcock, 
Ansou  I).  Hard, 


James  W.  Robins, 
George  Bringhurst, 
Charles  W   Duane, 
George  B.  Allinson, 
Joseph  N.  Mulford, 
James  DeW.  Perry, 
Thomas  G.  Clemson, 
Francis  D.  Hoskins, 
William  P.  Lewis, 
J.  L.  Hoy  singer, 
John  Long, 
Orrnes  B.  Keith, 
William  N.  biehl, 
William  V.  Feltwell, 
John  Leithead, 
George  C.  Drake, 
Peter  Russell, 
Roberts  Paul, 
George  Kirke, 
Henry  B.  Bartow, 
John  K.  Murphv, 
J.  F.  Ohl, 
John  Tetlow, 
J.C.  Laverty, 
Cliarles  Higbee, 
William  Wright, 
S.  T.  Lord, 
Charles  11.  Hall. 


The  names  of  Rowland  Hill  Brown,  J.  A. 
Harris  and  Edmund  Leaf,  were  subsequently 
authorized  to  be  affixed,  making  167  in  all. 

METHODIST    EPISCOPAL. 

GENERAL  CONFERENCE  OF  1860. 

May  1— The  body  met  in  Buffalo,  N.  Y. 

May  2 — The  following  Committee  on  Slavery 
was  appointed:  Calvin  Kingsley,  Daniel  Wise, 
Joseph  Brooks,  Nicholas  J.  B.  Morgan,  Isaac 
S.  Binghavn,  Edward  Bannister,  Michael  Mar 
lay,  Hiram  M.  Shaffer,  James  S.  Smart,  George 
Hildt,  John  M.  Reid,  A  in  mi  Prince,  James  M. 
Fuller,  Peter  Cartwright,  Hayden  Hays,  Thom 
as  E.  Corkhill,  Levin  B.  Dennis,  William  II. 
Black,  Charles  C.  Cone,  Resin  Sapp,  Benjamin 
F.  Crary,  Joseph  H.  Hopkins,  John  S.  Porter, 
Erastus  0.  Haven,  Lorenzo  D.  Barrows,  Sam 
uel  Y.  Monroe,  Morris  D'O.  Crawford,  Daniel 
Cuvry,  John  B.  Birt,  John  P.  Kellam,  Richa*! 
Hal-grave,  James  M.  Jameson,  Daniel  W.  Bris 
tol,  Alvin  F.  Waller,  Andrew  Magee,  Pennel 
Coornbe,  Charles  A.  Holmes,  Lu':;e  Hitchcock, 
Fernando  C.  Holliday,  William  Cliffe,  Andrew 
Witherspoon,  John  C."  Ayers,  Andes  T  Bullard, 
James  Drummond,  John  L.  Williams,  Wessen 
O.  Miller,  John  J.  Pearce. 

May  16 — Mr.  Kingsley,  from  the  majority, 
made  a  report,  concluding  with  these  resolu 
tions  : 

Resolved,  1.  By  the  delegates  of  the  several  Annual  Con 
ferences  in  General  Conference  assembled,  that  wo  recom 
mend  the  amendment  of  the  General  Rule  on  Slavery,  so 
that  it  shall  read :  "  The  buying,  selling,  or  holding  of  men, 
•women,  or  children,  with  an  intention  to  enslave  them." 

•2.  That  wo  recommend  the  suspension  of  the  4th  Re 
strictive  Rule,  for  the  purpose  set  forth  in  the  foregoing 
resolution. 

3.  By  the  delegates  of  the  several  Annual  Conferences 
in  General  Conference  assembled,  that  the  following  be  and 
hereby  is  substituted  in  the  place  of  the  seventh  chapter 
on  slavery  : 

Question.  What  shall  be  done  for  the  extirpation  of  the 
evil  of  slavery? 

Answer.  VVe  declare  that  we  are  as  much  as  ever  con 
vinced  of  the  great  evil  of  slavery.  We  believe  that  the 
buying,  sell-ing,  or  holding  of  human  beings  as  chattels  is 
contrary  to  the  lawa  of  God  and  nature,  inconsistent  with 
the  Golden  Rule,  and^with  that  rule  in  our  Discipline 
which  requires  all  who  desire  to  remain  among  us  to  •'  do 
no  harm,  and  to  avoid  evil  of  every  kind."  We,  therefore, 
affectionately  admonish  all  our  preachers  and  people  to 
k<»*p  themselves  pure  from  this  great  evil,  and  tf;  seek  its 
extirpation  by  all  lawful  and  Christian  means. 


Mr.  Porter,  from  the  minority,  made  a  re 
port,  concluding  with  these  resolutions: 

Resolwl,  1.  That  the  Methodist  Episcopal  Church  has  in 
good  faith,  in  all  th;-  periods  of  its  history  proposed  to 
itself  the  question,  "  What  shall  be  done  for  the  extirpation 
of  the  evil  of  slavery?"  and  it  has  never  ceased  openly 
before  the  world  to  bear  its  testimony  against  the  sin.  nud 
to  exercise  its  disciplinary  powers  to  the  end  that  its  me.n- 
bers  might  be  kept  unspotted  from  criminal  connection 
with  the  system,  and  that  the  evil  itself  be  removed  i'rf  •»« 
among  us. 

2.  That  any  change  of  our  Discipline  upon  the  subject 
of  slavery  in  the  present  highly  excited  condition  of  tha 
country  would  accomplish  no  good  whatever,  but,  on  the 
contrary,  would  seriously  disturb  the  peace  of  our  Church, 
and  would  be  especially  disastrous  to  our  ministers  aud 
members  in  the  slave  states. 

3.  That  the  Committee  on  the  Pastoral  Address  >-e  in 
structed  to  state  our  position  in  relation  to  slavery,  and  to 
give  such  counsel  to  our  Churches  as  may  be  suited  to  the 
necessities  of  the  case. 

May  24 — John  P.  Durbin,  for  himself,  Henry 
W.  Heed,  John  C.  Ayers,  and  Philo  E  Brown, 
presented  a  substitute,  concluding  with  this 
preamble  and  resolutions  : 

Seeing,  then,  that  our  uniform  testimony,  and  our  prac 
tice  also,  have  been  opposed  to  the  traffic  in  slaves,  aud  that 
the  spirit  of  the  provision  in  the  Discipline  is,  and  has  been 
opposed  to  slaveholding  for  selfish  or  mercenary  purposes, 
and  that  we  have  faithfully  borne  this  testimony  i;ud  ap 
plied  these  provisions  in  the  administration  of  Discipline 
as  far  as  a  due  regard  to  the  laws  of  the  several  states  have 
permitted  in  which  the  cases  have  arisen;  therefore, 

1.  Ik-solved,  That  the  administration  of  Discipline  should 
be  made  faithfully  to  conform  to  the  foregoing  declaration 
of  principles,  so  far  as  the  laws  of  the  several  states  will 
permit  in  which  the  cases  may  arise. 

2.  That  in  view  of  the  cleir  declaration  of  principles 
and  advice  in  regard  to  the  administration  of  Discipline,  as 
set  forth  in  the  preceding  report  and  resolution,  wejud^e 
that  great  moderation  should  be  observed  in  the  public 
discussion  of  this  subject,  constantly  maintaining  the  true 
anti-slavery  position  of  the  Church. 

On  motion  of  Daniel  Curry,  the  last  named 
substitute  was  laid  on  the  table — yeas,  135 ; 
nays,  85 — as  follows  : 

YEAS — Abbott,  Armstrong,  Ayers  of  Delaware,  Baker  of 
Black  River,  Baker  of  Erie,  Barrows,  Beach,  Bennett, 
Bigelow,  Bingham,  Birt,  Bixby,  Blades,  Llake,  Bristol, 
Brooks  of  Arkansas,  Brooks  of  Minnesota,  Brown  of  New 
York,  Brown  oi'  Providence,  Bruce,  Bruuson,  Bullard, 
Carpenter,  Chapin  of  Erie,  Chapin  of  New  England, 
Clarke  of  Erie,  Clark  of  New  York,  Coil,  Colclaxer  of 
North  Indiana,  Cone,  Council,  Cookc,  Corkhill,  Covles, 
Crary,  Crawford,  Crews,  Curry  of  New  York  East,  DIMII, 
Dempster,  Dennis,  Dunn  of  Trov,  Dunning,  Eddy,  Erwin, 
Fillmure,  Floy,  Gavitt,  Gillett,  Golden,  Goodwin,  Goss, 
Griffin  of  Troy,  Griswold,  llaney,  Hare,  Ilargrave,  Harris, 
llarrower,  Hatch,  llatliold,  Haven,  Hays,  Qclmcrshausen, 
Hibbard,  Hill,  Hitchcock,  Hobart,  Hodgson,  Holliday, 
Howard,  Hulburd,  Jacokes,  Jasper,  Keeler,  Kellam,  Kings- 
ley,  Landon,  Leihy,  Leslie,  Locke,  Magee,  Marlay,  Mather, 
M  Kinstry.  Merrick,  Merrill,  Miller,  Mitchell  of  Cincinnati, 
Mitchell  of  Pittsburgh,  Monson,  Moody,  Muliinger.  Miin- 
sell,  Nash,  Nast,  Nuhfer,  Nutt,  Olin,  Pearce,  Pentield, 
Pike,  Poo,  Porter  of  New  EnglanJ.  Prince,  Raymond, 
Ileddy,  Reid  of  East  Genesee,  Russel,  Sapp,  Shaffer,  Smart, 
Smith  of  Cincinnati,  Smith  of  Indiana,  Sprague,  Stallurd, 
Stantou,  Starks,  D.,  Starks,  II.  L.,  Stearns,  Stoughion, 
Thomas  of  Wisconsin,  Thomson  of  North  Ohio,  Tlmr>tuii, 
Torsey,  Townsend,  Trimble,  Twombly,  Webster,  Whedon, 
Whiteman,  Williams,  U'ise,  Witherspoon,  Young — l^o. 

NAYS — Ayers  of  Upper  Iowa,  Bannister,  Barth,  Bat- 
telle.  Black,  Briggs,  Brown  of  East  Baltimore,  Brown  of 
New  Jersey,  Brown  of  Upper  Iowa,  Cartwright,  Castle, 
Clark  of  Pittsburgh,  Clitt'o,  Colclazer  of  Philadelphia, 
Coombe,  Cooper,  Corrington,  Cox,  Crane  of  Illinois,  Cnuie 
of  Newark,  Curry  of  Kentucky,  Davidson,  Day,  Druiu- 
mond,  Durbin,  Ellison,  Ferris,  Fuller,  Goode,  Grifien  of 
New  York,  Griffith,  Guyer,  Hammond,  Hildt,  Holdich, 
Holmes,  Hopkins,  Hoyt,  Hughes,  ll;;nt,  Hunter  of  Pt-oria, 
Hunter  of  Western  Virginia,  Jackson,  Jameson,  Johnson, 
Kiger,  Kuhl,  Martin,  Mitchell  of  East  Baltimore,  Monroe, 
Morgan,  Murphy,  Nelson,  Norris,  Osbon,  Parsons,  Pearne, 
Peck,  Petty,  Porter  of  Newark,  Power,  Prentice.  Reed  oi 
Cincinnati,  Reed  of  Upper  Iowa,  Robinson,  Rutledgc, 
Sargent,  Sewall,  Shumate,  Sliccr,  Smith  of  Genesee,  Smith 
of  Northwestern  Indiana,  Street.  Thomas  of  California, 
Thompson  of  Philadelphia,  Tippett,  Travis,  Tuttle  of  East 


APPENDIX. 


495 


Ocucsee,  TL  ttle  of  Newark.  Van  Cleve,  Veitch,   Vincent, 
"Waller,  "Vv'kson,  Wood— 85. ' 

AJay  29 — The  Majority  Report  was  voted  on. 
Th  •.  first  resolution — rtquiting  two-thirds — 
was  lost— yeas  138,  nays  74,  as  follows  : 

YE \s-Ablott,  Armstrong,  Ayors  of  Delaware,  Bain, 
Biiki  r  of  Black  River,  Baker  of  Erie.  Barrows,  Earth, 
Beach,  Beunstt,  L'igelow,  Biugtmm,  Birt,  Bixby,  Blades, 
'  Biako,  Bristol,  Brooks  of  Minnesota,  Brown  of  New  York, 
Brown  of  Providence,  Bruct-,  Brunson,  Bullnrd,  Carpenter, 
(  hupin  of  Erie,  Ohapin  of  Now  England,  Clarke  of  Erie, 
Clark  of  New  York,  Coil,  Colclazor  of  North  Indiana, 
Cone,  Council,  Cooke,  Corkhill,  Cowles,  C'rary,  Crawford, 
•Crews,  Curry  of  New  York  East,  Dean,  Dempster,  Den 
nis,  Dunn  of  Troy,  Dunning,  Eddy,  Erwin,  Ferris,  Fill- 
more,  Floy,  Gavitt,  Gillett,  Golden,  Goodwin,  Goss,  Griffin 
of  Troy.  Griswold,  llaney.  Hare,  Harris,  narrower.  Hutch, 
Hatfiold.  Haven,  Hayes,  Helmershausen,  Hibbard,  Hill, 
Hitchcock,  Hobui-t,  Holliday,  Howard,  Hnlburd,  Hunter 
of  Peoiia,  Jacokes,  Jasper,  Johnson,  Keeler,  Kelhun, 
Kiger,  King,  Kingsloy,  Landon,  Leihy,  Leslie,  Locke, 
Mngee,  Murlay,  Mather,  M'Kinstry,  Merrick,  Merrill, 
Miller,  Mitchell  of  Cincinnati,  Mitchell  of  Pittsburgh. 
Monso:i,  Moody,  Mulfinger,  Munsell,  Nash,  Nast,  Nelson, 
Nuhfer,  Niltt,  Olin,  Pearce,  Penfield.  Pike,  Poe,  Porter 
oi"  New  England.  Prince,  Raymond,  Reddy,  Reid  of  Enst 
Gonesce,  Russell,  Supp,  Shaffer,  Smart,  Smith  of  Cincin 
nati.  Smith  of  Indiana,  Spragtio,  Sir.llnrd,  St;mto:i,  St'nrks, 
D.,  Starks,  H.  L.,  Ston^ht  an,  Thomas  of  Wisconsin,  Thom 
son  of  Ninth  Ohio,  Thurston,  Towns»nd,  Trimble,  Tuttlo 
of  East  Geuesee,  Twombly,  Webster,  Whedori,  Whiteman, 
Williams,  Wise,  Witherspoon,  Young— 13S. 

NAYS — Avers  of  Upper  lov.a,  Bannister,  Battell;1,  Black, 
Brig-:;s,  Brown  of  East  Baltimore,  Brown  of  Now  Jersey, 
Brown  of  Upper  Iov/a,  Carltou,  Cartwright,  Castle,  Clark 
of  Pittsburgh,  Cliffe,  Colclazer  of  Philadelphia,  Coombe, 
Cuoper,  Corrington,  Cox.  Crane  of  Illinois,  Crane  of  New 
ark,  Curry  of  Kentucky.  Davidson,  Day,  Drummond, 
Dur-'ii;,  Ellison,  Fuller,  Goode,  Griffen  of  New  York, 
Griffith,  Guyer,  Hammond,  Hildt,  Hodgson,  Holdich, 
Jiolines,  Hopkins,  Iloyt,  Hughes,  Hunter  of  Western 
Virginia,  Jackson,  Jameson,  Kuhl,  Martin.  Mitchell  of 
East  l.'alliuiore,  Monroe,  Morgan,  Murphy,  Norris,  Osbon, 
Parsons,  Pearue,  Peck,  Petty,  Porter  of  Newark,  Power, 
Prentice,  Reed  of  Cincinnati,  Reed  of  Upper  Iowa,  Robin- 
Bon,  Rutledge,  Sargent,  Sewall,  Shumate,  Slicer,  Smith  of 
Genesee,  Street,  Thomas  of  California,  Thompson  of  Phila 
delphia,  Tippett,  Travis,  Tuttle  of  Newark,  Van  Cleve, 
Veitch.  Waller,  Wilson,  Wood — 74. 

ABSENT — Brooks  of  Arkansas,  Hargrave,  Smith  of  North 
western  Indiana,  and  Torsey. 

The  second  resolution  fell  with  the  first. 

The  third  pending, 

Mr.  Kingsley  moved  to  amend  by  inserting 
before  the  word  "chattels,"  the  words:  "to 
be  used." 

May  31 — Mr.  George  Hughes  moved  to 
amend  the  amendment  by  adding  the  words  . 
"  and  treated,"  so  as  to  make  the  clause  read  : 
"  to  be  used  and  treated  as  chattels  ;"  which 
was  disagreed  to 

The  amendment  was  then  agreed  to. 

Mr.  Durbin  moved  to  consider  his  substi 
tute  ;  but  the  motion  was  lost. 

Mr.  George  Hughes  moved  the  following 
substitute  : 

Whereas  a  change  of  such  magnitude  aa  is  now  proposed 
should  not  bo  made  without  the  sanction  of  the  laity  as 
well  as  the  ministry;  therefore, 

Unsolved,  That  the  chapter  proposed  shall  be  first  sub- 
mitt -d  by  the  Bishops  to  the  Annual  Conferences,  and  by 
the  Presiding  Elders  to  the  Quarterly  Conferences  in  their 
respective  districts,  and  if  it  receive  the  vote  of  three- 
fourths  of  the  members  of  said  Conferences  it  shall  take 
effect. 

Which  was  lost — yeas  61,  nays  150.  The 
YEAS  were : 

Messrs.  Bannister,  Battelle,  Black,  Briggs,  Brown  of  East 
Baltimore-,  Brown  of  New  Jersey,  Browu  of  Upper  Iowa, 
Carlton,  Cartwright,  Cliffe,  Colclazer  of  Philadelphia, 
Coombe,  Cooper,  Corrington,  Crane  of  Illinois,  Crane  of 
Newark,  Curry  of  Kentucky,  Day,  Drummond,  Ellison, 
Fuller,  Goode,  Griffen  of  New  York.Guyer,  Hildt,  Hodgson, 
Holdich,  Hopkins,  Hoyt,  Hughes,  Hunter  of  Western 
Virginia,  '"^esoii,  Kuhl,  Martin,  Mitchell  of  East  Balti 


more,  Monroe,  Morgan,  Murphy,  Nast,  Norris,  Osbon 
Porter  of  Newark,  Prentice,  R->ed  of  Cincinnati,  Robinson 
Rutledge,  Sargent,  Sewall.  Shumate,  Slicer,  Street,  Thomas 
of  Calilornia,  Thompson  of  Philadelphia,  Tippett,  Travis. 
Tuttle  of  Newark,  Van  Cleve,  Veitch,  Waller,  Wilson 
Wood— 61. 

ABSENT,  OR  NOT  VOTING — Bain,  Cooke,  Davidson,  Il'ar 
grave,  Ilolliday,  Pearce,  Shaffer,  Smith  of  Nortliwesterr 
Indiana,  and  Torsey — 9. 

Mr.  Samuel  Y.  Monroe,  for  himself  ani  nine 
teen  others,  offered  this  substitute  : 

Resolw.d,  That  we  believe  that  the  buying,  selling,  oi 
holding  of  human  beings,  to  be  used  as  chattels,  is  con 
trary  to  the  laws  of  God  and  nature,  inconsistent  with  the 
Golden  Rule,  and  with  that  Rule,  in  our  Discipline  which 
requires  all  who  desire  to  remain  among  us  to  "  do  no 
harm,  and  to  avoid  evil  of  every  kind,"  we,  therefore, 
affectionately  admonish  all  our  preachers  and  people  to 
keep  themselves  pure  from  this  great  evil,  and  to  seek  its 
extirpation  by  all  lawful  and  Christian  means. 

Which  was  lost — yeas  81,  nays  132.  The 
YEAS  were  : 

Messrs.  Ayers  of  Delaware,  Avers  of  Upper  Iowa,  Ban 
nister,  Battelle,  Black,  Brooks  of  "Arkansas,  Brown  of  East 
Baltimore.  Brown  of  New  Jersey,  Brown  of  Up')er  Iowa, 
Carlton,  Cartwright,  Castle,  Clark  of  Pittsburgh,  Cliff..-, 
Con  ell,  Coombe,  Cooper,  Carrington,  Cox,  Crane  of  Illinois. 
Crane  of  Newark.  Curry  oi'  Kentucky,  Day,  Drummond. 
Durbin,  Ellison,  Ferris,  Fuller,  Goode,  Griffen  of  New  York, 
Griffith,  Guyer,  Hildt,  Hodgson,  Holdich,  Holmes,  Hopkins, 
Iloyt,  Hughes,  llun'er  of  Peoria.  Hunter  of  Western  Vir 
ginia,  Jameson,  Kuhl,  Mather,  Mitchell  of  Cincinnati,  Mitch 
ell  of  East  Baltimore,  Monroe,  Morgan,  Muhinger,  Murphy. 
Nast,  Nelson,  Norris,  Osbon,  Pearne,  Peck,  Porter  of  New 
ark,  Power,  Prentice,  Reed  of  Cincinnati,  Reed  of  Upper 
Iowa,  Robinson,  Rutledge,  Sargent,  Sewail,  Shumate,  Sli 
cer,  Smith  of  Genesee,  Street,  Thomasof  California,  Thomp 
son  of  Philadelphia,  Tippect,  Travis,  Trimble,  Tattle  of 
E:ist  Genesee,  Tuttle  of  Newark,  Van  Cleve,  Veitch,  Waller, 
Wilson,  Wood— SI. 

vr,  OR  NOT  VOTING — Davidson,  Hargrave,  Ilolliday, 
Pearce,  Shaffer,  Smith  of  Northwestern  Indiana,  Tor 
sey— 7.' 

Mr.  Francis  Hodgson  moved  to  strike  out  the 
words,  ''  to  be  used  as  chattels,"  and  insert  be 
tween  the  words  l'the"  and  "buying,"  the 
word  "  mercenary  ;"  which  was  disagreed  to. 

Mr.  Geo  Hildt  moved  to  add  the  words  :  '•'•Pro 
vided,  that  the  section  is  understood  to  be  only 
advisory;"  which  was  lost — yeas  75,  nays  137, 
absent  9. 

The  third  resolution  as  amended  was  then 
agreed  to — yeas  155,  nays  58,  as  follows  : 

YEAS— Abbott,  Armstrong,  Ayers  of  Delaware,  Ayers 
of  Upper  Iowa,  Bain,  Baker  of  Black  River,  Baker  of  Erie, 
Bauni&ter,  Barrows,  Earth,  Beach,  Bennett,  Bigelow,  Bing- 
ham,  Birt,  Bixby,  Blades,  Blake,  Briggs,  Bristol,  Brooks  of 
Arkansas,  Brooks  of  Minnesota,  Brown  of  New  York, 
Brown  of  Upper  Iowa,  Brown  of  Providence.  Bruce,  Brun 
son,  Bullard,  Carpenter,  Chapin  of  Erie,  Chapiu  of  Now 
England.  Clark  of  Erie,  Clark  of  New  York,  Clark  of  Pitts 
burgh,  toil,  Colclazer  of  North  Indiana,  Cone,  Cooke, 
Corkhill,  Cowles.  Cox,  Crary.  Crawford,  Crews,  Curry  of 
New  York  East,  Dean,  Dempster.  Dennis,  Dunn  of  Troy, 
Dunning,  Eddy,  Erwiu,  Ferris,  L-'illmore,  Floyd,  Gavitt, 
Gillett,  Golden,  Goodwin,  Goss,  Griffin  of  Troy,  Griswold, 
Hammond,  llaney,  Hare,  Harris,  narrower,  Hatch,  Hat- 
field,  Haven,  Hays,  Helmershauson,  Hibbard,  Hill,  Hitch 
cock,  Ilobart,  Holmes,  Howard,  Iloyt,  Ilulburd,  Hunter  of 
Peoria,  Jacokes,  Jackson,  Jasper.  Johnson,  Keeler,  Kellam. 
Kiger,  King,  Kingsley,  Landon,  Leihy,  Leslie,  Locke,  Ma- 
gee,  Marlay,  Mather,  M'Kiustry,  Merrick,  Merrill,  Miller, 
Mitchell  of  Cincinnati,  Mitchell  of  Pittsburgh,  Monson, 
Moody,  Mulfinger,  Munsell,  Nash,  Nast,  Nelson,  Norris, 
Nuhfer,  Nutt,  Olin,  Parsons,  Pearne,  Peck,  Ponfield,  Petty, 
Pike,  Poe,  Porter  of  New  England,  Prince,  Raymond, 
Reddy.  Reed  of  Cincinnati,  Reid  of  East  Genesee,  Reed  of 
Upper  Iowa,  Russell,  Sap,  Smart,  t'mith  of  Cincinnati, 
Smith  of  Genesee,  Smith  of  Indiana,  Sprague,  Stallard, 
Stanton,  Starks,  D.,  Starks,  II.  L.,  Stoughton,  Thomas  of 
California,  Thomas  of  Wisconsin,  Thomson  of  North  Ohio, 
Thurston,  Townsend,  Trimble,  Tuitle  of  East  Genesee, 
Twombly,  Webster,  Wheedon,  Whiteman,  Williams,  Wise, 
Witherspoon,  Young — 155. 

NAYS— Battelle,  Black,  Brown  of  East  Baltimore,  Brown 
of  New  Jersey,  Carlton,  Cartwright,  Castle,  Cliffe,  Colclazer 
of  Philadelphia,  Connell,  Coombe,  Cooper,  Corrington. 


496 


APPENDIX. 


Crane  of  Illinois,  Crane  of  Newark,  Curry    of  Kentucky,  ' 
Day,  Drummond,  Durbin,  Ellison,  Fuller,  Goode,  Griffenol 
New  York,  Griffith,  Guyer,  Illicit,  Hodgson,  Boloich,  Hop 
kins.  Hughes,  Hunter  of  Western  Virginia,  Jameson,  Knnl, 
Martin,  Mitchell  of  East  Baltimore,  Monroe,  Morgan,  Mur- 
phv,  O.sbon,  Porter  of  Newark,  Power,  Prentice,  Robinson, 
Rutledge  Sargent,  Sewull,  Shumate,  Slicer,  Street.  Thomp-  | 
BOH   of  Philadelphia,  Tippett.  Travis,  Tattle  of   Newark, 
Vail  Clove,  Vcitch,  Waller,  Wilson,  Wood— 58. 

\BSEXT  OR  NOT  Vornro— Davidson,  Ilargrave,  Holliday, 
Pierce,  Shaffer,  Smith  of  North  Western  Indiana,  and  Tor- 
6u.y— 7. 

June  1 — Francis  A.  Blades  offered  the  follow 
ing  : 

Whereas  during  the  pendency  of  the  Chapter  on  Slavery, 
tin-  following  amendment  was  offered  as  explanatory  uf  the 
Chapter,  ';  Provided  that  this  section  is  understood  to  be 
only  advisory," 

Resolved,  That  said  amendment  was  rejected  by  this  body 
because  we  regard  the  chapter  in  itself  so  clearly  declara 
tive  and  advisory  as  not  to  require  any  such  explanation. 

Which  was  adopted — yeas  175,  nays  0.  The 
NAYS  were  : 

Messrs.   Coil,  Coikhill,  Cowles,  Hare,   Hodgson,  Olin— 6. 

ABSKNT,  OR  PUESKNT  AND  NOT  VOTING— Abbott,  Barrows, 
Brown  of  East  Baltimore,  Cartwright,  Castle,  Chapin  of 
Now  England,  Clarke  of  Erie,  Cliffe,  Colclax.er  of  Philadel 
phia,  Cooper,  Davidson,  Fuller,  tioode,  Guyer,  Hargrave, 
Iliidt,  llolliday,  Hopkins,  Magee,  Martin,  Mitchell  of  East 
Baltimore,  Morgan.  riurphy,  Pearce,  Porter  of  New  Eng 
land,  Raymond,  Reed  of  Cincinnati,  Robinson,  Sewail, 
Shaffer,  'Shumate,  Slicer,  Smith  of  Cincinnati,  Smith  of 
Northwestern  Indiana,  Tippett,  Torsey,  Tvvombly,  Veitch, 
Wilson— 39. 

THE    BALTIMORE    CONFERENCE,     1861. 

The  Baltimore  Conference  of  the  Methodist 
Episcopal  Church,  in  session  at  Staunton,  Vir 
ginia,  adopted  resolutions  declaring  the  imme 
diate  separation  of  the  Conference  from  the 
jurisdiction  of  the  General  Conference  of  the 
Methodist  Episcopal  Church,  oa  account  of 
the  new  chapter  on  slavery  adopted  last 
year.  The  vote  stood  for  immediate  separation 
eighty-two,  declining  to  vote  forty-four.  Bishop 
Sc-o't,  the  presiding  officer  of  the  Conference, 
refused  to  put  the  question  on  the  adoption  of 
the  resolutions,  and  entered  a  protest  against 
the  action  "as  a  violation  of  the  order  and 
discipline  of  the  Methodist  Episcopal  Church." 
The  resolutions  were : 

1st.  Be  it  resolved  by  the  Baltimore  Annual  Conference, 
in  Conference  assembled,  That  wo  hereby  declare  that  the 
General  Conference  of  the  M.  E.  Church,  held  at  Buffalo, 
in  May,  I860,  by  its  unconstitutional  action,  has  sundered 
the  ecclesiastical  relation  which  has  hitherto  bound  us  to 
gether  as  one  Church,  so  far  as  any  act  of  theirs  could  do 
so;  that  wo  will  not  longer  submit  to  the  jurisdiction  of 
said  General  Conference,  but  hereby  declare  ourselves  sepa 
rate  and  independent  of  it,  still  claiming. to  be,  notwith 
standing,  an  integral  part  of  the  M.  E.  Church. 

2.1.  That  nevertheless,  if,  in  accordance  with  the  spirit  of 
the  foregoing  preamb.e,  three-fourths  of  the  several  Annu 
al  Conferences,  to  be  held  prior  to  the  next  session  of  the 
Annual  Conference,  seeing  the  great  wrong  and  injury  done 
to  the  Baltimore  and  other  Border  Conferences,  shall  disa 
vow  the  act  of  their  delegates  and  the  action  of  the  late 
General  Conference  on  the  subject  of  slavery,  and  shall 
unite  in  a  demand  that  the  most  thorough  and  satisfactory 
redress  shall  be  given,  and  shall  instruct  their  delegates  so 
to  vote  in  any  Convention  that  may  be  called  for  the  pur 
pose  of  a  more  perfect  union— First,  by  abrogating  the  new 
chapter;  second,  by  transferring  the  subject  of  slavery  to 
the  exclusive  jurisdiction  of  the  Annual  Conferences,  where 
it  exists;  third,  that  a  fair  proportion  of  the  periodicals  of 
the  Church  be  placed  under  the  charge  and  direction  of 
eaid  Conferences— then,  and  not  until  then,  will  we  re 
unite  with  them  in  the  organization  of  another  General 
Conference. 

3d.  That  this  Conference  has  taken  the  action  expressed 
in  the  above  resolutions,  after  much  long  suffering  and  re 
proach,  to  give  freedom  to  our  preachers  in  the  discharge 
of  their  duties  in  our  territory,  and  cannot  refrain  from  ex 
pressing  the  hope  that  the  day  may  speedily  come  when 
agitation  and  strife  shall  have  ceased  among  us,  and  the 
great  Methodist  family— East,  Wept,  North  and  South— be 


again  united  in  the  common  effort  which  engaged  the 
hearts  and  lives  of  our  fathers,  that  of  spreading  Scriptural 
holiness  all  over  the  land 

4th.  That  a  committee  of  seven,  consisting  of  S.  Register, 
J.  S.  Martin,  S.  S.  Rosxel,  E.  R  Veitch,  W.  G.  Egg  lest  on, 
N.  Wilson,  and  T.  II.  W.  Man  roe,  be  appointed  to  preparea 
Pantoral  Letter  for  our  people,  setting  lorth  the  grounds 
and  aims  of  the  action. 

The  following  is  the  protest  of  the  minority 
of  the  Conference  : 

We,  the  undersigned,  members  of  the  Baltimore  Annual 
Conference,  diifei  in«  with  a  majority  of  our  brethren  in  re 
gard  t  >  the  mode  of  obtaining  relief  from  the  evils  which 
have  been  en-ailed  upon  us  by  the  action  ol  the  late  Gene 
ral  Conference  up..n  the  subject  of  slavery,  protest  against 
the  course  which  they  have  adopted — 

1st.  Becai^e  it  is  an  appeal  to  revolution  for  redress, 
before  the  constitutional  means  have  been  tried,  much  less 
exhausted. 

•21.  Because  it  shapes  our  course  without  consultation 
with  other  non  concurring  Conferences,  all  of  whom  have 
strong  claim  upon  our  fraternity,  and  some  in  slave  terri 
tory  will  b«  material ly  affected,  and  probably  prejudiced,  in 
their  interests  thereby. 

3d.  Because  the  act  is  done,  and  announced,  within  the 
bosom  of  two  States  which  are  now  the  custodians  of  the 
Federal  Union,  and  will  strengthen  the  hands  of  political 
secessionists,  and  carry  dismay  to  the  hearts  of  all  who 
would  preserve  our  national  inheritance. 

But  it  is  the  mode  of  obtaining  relief  from  our  troubles 
alone  in  which  we  differ  with  our  brethren. 

\V.-.  too,  protest  against  the  "new  chapter."  We  protest 
against  the  continuance  of  the  subject  of  slavery  as  a  ques 
tion  of  legislation  in  the  general  councils  of  the  church. 
And  we  a^k  a  call  of  an  extra  session  of  the  General  Con 
ference  in  1S62,  and  an  expression  by  the  Annual  Confer 
ences  of  their  approval  or  disapprov.il  of  the  terms  of  re 
lief  which  our  circumstances  demand  ;  and  assure  our  peo 
ple  that,  by  the  tone  of  that  response  and  that  of  our  sister 
sympathizing  conferences,  especially  in  slave  Territory,  our 
course  at  our  next  session  shall  be  controlled,  whether  it  be 
further  negotiation  or  immediate  separation. 

In  Christian  hope  that  these  assurances  will  bring  rest 
in  the  churches  against  the  present  year,  we  are.  &c. 

[Signed  by  some  thirty  names. J 

The  Western  Virginia  Methodist  Episcopal 
Conference,  at  its  annual  session  at  Wheeling, 
in  March,  1861,  adopted  the  following  preamble 
and  resolutions : 

Whereas  the  General  Conference  at  its  late  session  at 
Buffalo  has  inserted  a  new  chapter  in  our  Book  of  Discipline 
on  the  subject  of  slavery;  and  whereas  there  exists  some 
difference  of  opinion  as  to  its  meaning,  and  whereas  uni 
formity  in  administration  and  harmony  among  ourselves 
are  very  desirable  :  therefore 

1.  Resolved,  That  we  deeply  regret  the  action  of  the  Gen 
eral  Conference  changing  the  chapter  on  slavery,  we  regard 
ing  such  action  as  unnecessary. 

2.  Resolved,  That,  in  our  judgment  as  a  Conference,  the 
new  chapter  is  not  to  be  regarded  as  a  law;  that  no  admin 
istrative  or  judicial  action  can  be  had  under  it  against  any 
member  or  minister ;  and  that  we  are  left  under  it  to  be 
governed  by  the   Scripture,  amenable   as  individuals  for 
our  administration  only  to  God  and  our  annual  Conference. 

3.  liesolceil,  That  we  utterly  condemn  any  attempt,  in 
any  way  whatever,  to  interfere  with  the  legal  relations  of 
master  and  servant,  and  that  we  will  seek  to  promote,  as 
did  our  fathers,  their  best  interests  by  preaching  to  them 
the  unsearchable  riches  of  Christ,  and   by  teaching   tlu-ui 
their  reciprocal  duties  as  taught  in  the  Holy  Scriptures. 

REPLY    OF    THE    PRESIDENT  TO    THE    RESOLUTIONS 
OF  THE    EAST    BALTIMORE    METHODIST  CONFER 
ENCE  OF  1862. 
Rev.  I.  A.  GERE,  A.  A.  REESE,  D.  !>.,  G.  D.  CHENOWETH  :— 

GENTLEMEN:— Allow  me  to  tender  to  you.  and  through 
you  to  the  East  Baltimore  Conference  of  the  Methodist 
Episcopal  Church,  my  grateful  thanks  for  the  preamble 
and  resolutions  of  that  body,  copies  of  which  you  did  me 
the  honor  to  present  yesterday.  These  kind  words  of 
approval,  coming  from  so  numerous  a  body  of  intelligent 
Christian  people,  and  so  free  from  all  suspicion  ol  simst.-r 
motives,  are  indeed  encouraging  to  me.  By  the  help  ot  an 
all-wise  Providence,  I  shall  endeavor  to  do  my  duty  ;  and 
I  shall  expect  the  continuance  of  your  prayers  lor  a  right 
solution  of  our  national  difficulties,  and  the  restoration  or 
our  country  to  peace  and  prosperity. 

Your  obliged  and  humble  servant, 

A.  LINCOLN. 


APPENDIX. 


497 


GENERAL  CONFERENCE  OF    1864. 

May  2 — The  body  met  in  Philadelphia. 

"May  V — The  Committee  on  Slavery  were  in 
structed  to  inquire  into  the  expediency  of  so 
altering  the  General  Rules  as  to  prohibit  the 
buying,  selling,  or  holding  persons  as  slaves. 

ACTION    ON    SLAVERY. 

May  17 — The  Committee  on  Slavery — con 
sisting  of  B.  F.  Crary,  E.  P.  Phelps,  E.  C.  Bruce, 
H.  C.  Benson,  A.  Magee,  A.  NeUon,  M.  Dus- 
tin,  J.  S.  Smart,  J.  S.  M'Murray,  F.  G  Hibbard, 
G.  D.  Strout,  R.  A.  Caruthers,  J.  M.  Fuller,  J. 
P.  Dimmitt,  J.  H.  Noble,  T.  E.  Corkhill,  J. 
Denison,  L.  M.  Reeves,  J.  Colby,  IJ  Penfield, 
N.  Shumate,  H.  T.  Davis,  N.  Vansant,  J.  H. 
Twombly,  J.  Thuraton,  A.  K.  Street,  P.  R. 
Brown,  R.  M.  Hatfield,  J.  V.  R.  Miller,  G.  W. 
Breckenridge,  G.  M.  Boyd,  T.  C.  Golden,  B.  N. 
Spahr,  E.  G.  Andrews,  T.  H.  Pearne,  George 
Barton,  D.  L.  Dempsey^  D.  Wise,  W.  T.  Har- 
iove,  W.  Terrill,  A.  B.  Nisbet,  0.  Gregg,  G. 
Cl  fford.  W.  D.  Malcom,  S.  Haines,  J.  W. 
Reger,  J.  Lawson,  C.  D  Pillsbury,  H.  R. 
C  ark — made  a  majority  and  a  minority  report, 
as  follows  : 

THE  MAJORITY  REPORT. 

The  long  contest  on  the  subject  of  slavery  seems  draw 
ing  to  a  close,  aud  no  doubtful  tokens  indicate  the  will  of 
God.  aud  point  unerringly  to  the  destruction  of  a  system  so 
inhuman. 

The  sufferings  to  be  endured  cannot  be  as  great  as  those 
we  have  passed,  aud  the  heroism  of  the  hour  is  adequate  to 
bear  the  burdens  which  may  be  imposed  upon  us. 

Patriotism  and  piety  lead  us  to  the  conclusions  to  which 
we  have  arrived,  and,  aside  from  all  questions  of  expe 
diency,  impel  us  to  adopt  the  policy  so  strongly  urged  in 
the  Episcopal  Address. 

We  rejoice  that  we  have  from  the  beginning  been  fore 
most  among  American  Churches  in  the  contest  against  sla 
very.  Slavery  has  nothing  to  commend  it  to  our  forbear 
ance;  on  the  other  hand,  it  has  inflicted  upon  us  injuries 
we  cannot  forget.  It  has  rent  the  Church  in  twain,  and 
seeks  to  divide  the  nation. 

It  has  kindled  the  fires  of  inextinguishable  hatred  along 
an  extended  border,  and  brought  indescribable  distress  on 
our  brethren  who  have  labored  there.  These  brethren  we 
not  only  admire  and  love,  but  we  pledge  ourselves  to  share 
with  them  in  all  that  is  possible  or  necessary  in  the  labors 
of  the  future. 

The  question  has  reached  its  present  status  not  so  much 
through  our  efforts  in  this  behalf  as  through  the  guidiugs 
of  the  Divine  hand,  whose  power  we  reverently  behold  in 
the  grand  movements  of  our  times. 

The  proposed  new  rule  is  only  an  expression  of  a  convic 
tion  long  entertained  by  the  majority  of  the  Church,  the 
utterance  of  an  edict  which  conscience  dictates,  and  the 
teaching  of  God's  Word  approves.  Abhorrence  of  slavery 
has  increased  with  the  progress  of  the  people  in  moral  and 
religious  knowledge,  showing  that  morality  aud  religion 
ure  against  the  system.  The  voices  of  our  common  hu 
manity  protest  against  its  longer  existence,  and  this 
judgment  is  God's  decision,  for  nature  is  true  to  her 
Author. 

Your  Committee  could  not  do  otherwise  than  give  ex 
pression  to  the  truth  which  more  than  ever  affects  the 
Church  and  the  nation,  and  array  the  moral  forces  of 
Methodism  on  the  «ide  of  emancipation.  The  great  fami 
lies  ot  Methodism  throughout  <  he  world  will  rejoice  that 
we  have  taken  a  step  which  wipes  out  the  imputation  of 
complicity  with  this  evil,  and  gives  us  the  decided  advan 
tage  of  leading  still  in  the  question  which  has  so  long 
perplexed  the  Church. 

Wo  feel  that  no  answer  is  needed  to  the  pleadings  of 
expediency  once  so  powerfully  and  eloquently  urged. 
The  grandeur  of  an  overwhelming  moral  conviction  ut 
tered  by  the  whole  nation  and  Church,  should  iiot  be 
impaired  by  answers  to  logic  which  the  course  of  events 
ha«  shown  to  be  fallacious.  So  far  as  we  are  concerned, 
then,  the  question,  "What  shall  be  done  for  the  extirpa 
tion  of  slavery  ?"  shall  be  answered  by  a  rule  uprooting  it 
and  forbidding  it  forever.  Local  difficulties  and  special 
cases  will  adjust  themselves,  and  we  shall  be  untrammeled 
in  our  future  operdtions  in  territory  blighted  by  this  de- 
32 


parting  curse.  Relying  on  the  promise  and  morcj  of  God, 
as  far  as  we  can  we  "proclaim  liberty  throughout  all  the 
land  to  all  the  inhabitants  thereof." 

Loyalty  to  the  Government  lends  us  to  accept  emancipa 
tion  whenever  and  wherever  the  President  proclaims  it 
or  the  States  decree  it,  and  devotion  TO  truth  and  to  God 
impels  us  to  bring  the  controversy  to  an  end  in  the  Church 
by  adopting  a  rule  which  casuistry  cannot  distort  into  a 
liconse  for  slavery. 

While  reviewing  the  past,  we  gratefully  acknowledge 
the  goodness  of  God  in  guiding  us  so  harmoniously  to 
these  conclusions,  and  with  firm  trust  in  Him,  commit 
cur  work  to  the  judgment  of  the  Church  and  of  mankind. 

We  recommend  for  adoption  the  following  resolutions  : 

Resolved,  1.  By  the  deieg-ites  of  the  several  Annual  Con 
ferences  in  General  Conference  assembled,  that  we  recom 
mend  the  amendment  of  the  General  Rule  on  Slavery  so 
that  it  shall  read:  Slavefiolding;  buying  or  selling  slaves. 

'2.  That  we  recommend  the  suspension  of  the  4th  re 
strictive  rule,  for  the  purpose  set  forth  in  the  foregoing 
resolution. 

3.  That  the  bishops  be  requested  to  submit  the  fore 
going  resolutions  to  the  Annual  Conferences  at  their  next 
sessions,  and  if  the  requisite  number  of  votes  be  obtained, 
to  report  to  the  Book  Agents,  who  are  hereby  instructed 
to  insert  the  new  rule  in  all  subsequent  editions  of  the 
Discipline. 

THE    MINORITY    KKPORT, 

Signed  by  E.  P.  Phelps,  L.  M.  Reeves,  and  J. 
W.  Reger,  is  as  follows  : 

The  minority  of  the  Committee  on  Slavery  beg  leave  to 
say  that  they  have  not  been  able  to  concur  with  the  major 
ity  in  the  conclusions  reached  by  them.  For  good  aud 
sufficient  reasons,  as  they  think,  it  would  not  be  proper  to 
change  the  general  rule  on  slavery  so  as  to  exclude  all  per 
sons  sustaining  the  relation  of  master  from  the  Church ; 
they  therefore  respectfully  submit  the  following  as  a  sub 
stitute  for  the  general  rule  on  slavery  reported  by  the  ma 
jority,  namely: 

The  selling  of  human  beings,  or  the  buying  or  holding 
them,  except  for  reasons  purely  humane. 

After  debate,  the  majority  report  was  adopted 
— yeas  207,  nays  9.  as  follows: 

YEAS — Eli^ha  Adams,  Augustine  M.  Alexander,  Charles 
F.  Allen,  Ralph  W.  Allen,  Edward  G.  Andrews,  John  W. 
Armstrong,  Isaac  N.  Baird,  Gardner  Baker,  Francis  B. 
Bangs,  Henry  Bannister,  John  II.  Earth,  David  W.  Barticc, 
George  Barton,  Mathew  Bennett,  Henry  C.  Benson,  Wil 
liam  E,  Bigelow,  Isaac  S.  Bingnam,  Henry  M.Blake. George 
M.  Boyd,  George  W.  Breckinridge,  Alexander  li.  Brice, 
Daniel  W.  Bristol.  Jabez  Brooks,  Paul  R.  Brown,  Samuel 
C.  Brown,  Stephen  D.  Brown,  Henry  Brownscombe,  Eli  C. 
Bruce,  Andes  T.  Bullard,  Thomas  Carlton,  Richard  A.  Caru 
thers,  Joseph  Castle,  George  D.  Chenowith,  Albert  Church, 
Ebenezer  E.  Chambers,  Davis  W.  Clark,  Horatio  R.  Clark, 
George  Clifford,  Daniel  Cobb,  Nelson  E.  Cobleigh,  Joseph 
Colby,  Sylvester  L.  Congdon,  Thomas  E.  Corkhill,  James 
B.  Coirington,  William  F.  Cowles,  Townley  W.  Crane,  Ben 
jamin  F.  Crary,  Morris  D'C.  Crawford,  Joseph  Cummings, 
James  Cunningham,  Daniel  Curry,  William  A.  Davidson, 
Henry  T.  Dcvis,  Daniel  L.  Dempsey,  Joseph  Dennison, 
James  P.  Dimmitt,  John  P.  Durbin,Mighill  Dustin,  Thomas 
M.  Eddy,  Charles  Elliot,  James  Erwin.  William  H.  Ferris, 
Henry  Fiegenbaum,  Hugh  D.  Fisher,  John  B.  Foote,  Ran 
dolph  S.  Foster,  Thomas  C.  Gardner,  Augustus  C.  George, 
Thomas  C.  Golden,  William  II.Goode,  William  H.  Goodwin. 
Albert  S.  Graves,  Oren  Gregg,  William  Griffin,  Edwin  E. 
Griswold,  Leonard  B.  Gurley,  Robert  E.  Guthrie,  Sanforu 
Haines,  Horace  Hall,  Benjamin  B.  Ilamlin,  Richard  Ilaney, 
William  L.  Ilavri*,  William  T.  Harlow.  Robert  M.  Hatfield, 
Bostwick  llawley,  James  Henderson,  William  McK.  Hes 
ter,  Freeborn  G.  Hibbard,  Moses  Hill,  James  Hill,  Stacey 
W.  Hilliard,MuthiasHinebaug]»,Lukc?  Hitchcock,  Chauncy 
Hobart,  Charles  A.  Homes,  Horatio  W.  Houghton,  Samuel 
Huffman,  William  II.  Hunter.  Russell  TI.  Hurlburt,  Kassi 
mir  P.  Jervis,  Samuel  A.  W  Jewett,  Richard  W.  Keeler. 
Lucius  II.  King,  Joseph  E.  King,  Calvin  Kiugsley,  Henry 
F.  Koeneke,  Philip  Kuhl,  Alpha  J.  Kyuett,  Jarnes  Lawson, 
Orange  V.  Lemon.  John  W.  Lindsay,  James  W.  Lowe, 
Thomas  H.  Lynch,  Lorenzo  I).  McCabe,  William  McCombs. 
Aeahel  S.  M,:Coy,  David  P.  McKenzi^,  Jacob  S.  McMnrray,' 
i  Andrew  Magee.  William  D.  Malcolm,  Albert  C.  Manson, 
I  Joseph  Mason,  Frederick  Mcrrick,  John  Miley,  John  G. 
Miller,  John  V.  R.  Miller,  Samuel  Y.  Monroe.  Granvillo 
Moody,  William  H.  II.  Moore,  George  L.  Mulfiuger,  Oliver 
S.  Munseil,  William  Nast,  Alexander  Nelson,  Reuben  Nel 
son,  Samuel  11.  Nisbet,  Alfred  B.  Nisbet,  James  II.  Noble, 
Nirairi  Norton,  William  II.  Olin,  Isaac  Owen,  David  Patton, 
Thomas  II.  Pearne,  George  Peck,  Jesse  T.  Peck,  Henry 
Penfield,  William  E.  Perry,  Israel  C.  Pershing,  Jauies  Pike, 


498 


APPENDIX. 


Elijah  II.  Pitcher,  Benjamin  Pillsburv,  Caleb  D.  Pillsbury, 
Adam  Poe,  James  Porter,  P.  Putnam  Hay,  Miner  Raymond, 
Seth  Reed.  Thomas  M.  Reese-,  John  M.  Reid,  J.  McKendree 
JJoih-y,  William  H.  Richards,  Reuben  O.  Robinson,  Henry 
Roth,  Jacob  Kothweilcr,  David  Sherman,  Sampson  Shitm. 
Nathan  Shumate,  Thomas  II.  Sinex.  James  S.  Smart,  David 
i.h,  Giles  0.  Smith,  John  L.  Smith,  Mo^-s  Smith, 
Barzillai  N.  Spahr,  .Tacob  M.  Stailard,  Dasivignia  Starks, 
William  I'  Stewart,  Abraham  K.  Street,  George  D.  Stront, 
Williamson  Ton-ill,  Samuel  C.  Thomas.  Edward  Thomson, 
James  Thurston.  Charles  B.  Tippett,  Joseph  M.  Trimble, 
John  II.  Tvvombly,  Nicholas  Yansant,  Joseph  B.  Wakoley, 
George  W.  Walker,  Adam  Vv'allace,  Lorenzo  D.  Ward  well, 
George  Webber,  John  B.  Wentworth,  Daniel  A.  Whedon, 
John  W.  White,  Lafayette  D.  White,  Charles  II.  Whitcc.n, 
Henry  Whitem;<n.  Albert  D.  Wilbor,  James  11.  Wilbur. 
Isaac  W.  Wiley,  Thomas  H.  Wilson,  William  1'.  Wilson, 
Daniel  Wise,  Aaron  Wood,  George  W.  Woodruff,  John  T. 
Wright,  William  Young—  207. 

NATS—  James  L.  Clark,  James  Drummond,  William  Har 
den,  IKIUIC  F.  Harrison,  John  Lanahan,  Nicholas  J.  B.  Mor 
gan,  Elisha  P.  Phe'ps,  Lemuel  M.  Reeves,  John  W.  Reger 
—9. 

INTERVIEW   WITH    THE    PRESIDENT. 

Bishop  Edward  R.  Ames,  Rev.  Joseph  Curn- 
mings,  D.  D.,  Rev.  George  Peck,  D.  D.,  Rev. 
Charles  Elliott,  D.  D.,  and  Rev.  Granville 
Moody,  were  appointed  a  Committee  to  present 
to  the  President  the  action  of  the  Conference, 
with  this  address,  unanimously  voted  by  the 
Conference  : 

To  his  Excellency  Abraham  Lincoln, 

President  of  the  United  States  : 

The  Genera!  Conference  of  the  Methodist  Episcopal 
Church,  now  in  session  in  the  city  of  Philadelphia,  repre 
senting  nearly  seven  thousand  ministers  and  nearly  a  mil 
lion  of  members,  mindful  of  their  duty  as  Christian  citizens, 
ta,kes  the  earliest  opportunity  to  express  to  you  the  assu 
rance  of  the  loyalty  of  the  Church,  her  earnest  devotion  to 


the  interest  of  the  country,  and  her  sympathy  with  you  in 

th 

in 


, 

the  great  responsibilities  of  your  high  position  in  this  try 
g  hour. 


With  exultation  we  point  to  the  record  of  our  Church 
aa  having  never  been  tarnished  by  disloyalty.  She  was  the 
fn-st  of  the  Churches  to  express,  by  a  deputation  of  her 
most  distinguished  ministers,  the  promise  of  support  to  the 
Government  in  the  days  of  Washington.  In  her  Articles  of 
Religion  she  has  enjoined  loyalty  as  a  duty,  and  has  ever 
giveii  to  the  government  her  most  decided  support. 

In  this  present  struggle  tor  the  nation's  life,  many  thou 
sands  of  her  members,  and  a  large  number  of  her  ministers, 
have  rushed  to  arms  to  maintain  the  cause  of  God  and  hu 
manity.  They  have  sealed  their  devotion  to  their  country 
with  their  blood  on  every  battle-field  of  this  terrible  war. 

We  regard  this  dreadful  scourge  now  desolating  our  land 
and  wasting  the  nation's  life  as  the  result  of  a  most  un 
natural.  utUu-ly  unjustifiable  rebellion,  involving  the  crime 
of  treason  against  the  best  of  human  governments  and 
bin  against  God.  It  required  our  government  to  submit  to 
iu;  own  dismemberment  and  destruction,  leaving  it  no  al 
ternative  but  to  preserve  the  national  integrity  by  the 
use  of  the  national  resources.  If  the  government  had 
fiiiled  to  iise  its  power  to  preserve  the  unity  of  the  nation 
and  maintain  its  authority  it  would  have  been  justly  ex 
posed  to  the  wrath  of  heaven,  and  to  the  reproach  and 
and  scorn  of  the  civilized  world. 

Our  earnest  and  constant  prayer  is,  that  this  cruel  and 
wicked  rebellion  may  be  speedily  suppressed  ;  and  we  pledge 
you  our  hearty  co-operation  in  all  appropriate  means  to 
secure  this  object. 

Loyal  and  hopeful  in  national  adversity,  in  prosperity 
thankful,  wo  most  heartily  congratulate  you  on  the  glorious 
victories  recently  gained,  and  rejoice  iu  the  belief  that  our 
complete  triumph  is  near. 

We  believe  that  our  national  sorrows  and  calamities  have 
resulted,  in  a  great  degree,  from  our  forgetfuluess  of  God 
and  oppression  of  our  fellow-men.  Chastened  by  affliction, 
niiiy  the  nation  humbly  repent  of  her  sins,  lay  aside  her 
haughty  pride,  honor  God  in  all  future  legislation,  and 
render  justice  to  all  who  have  been  wronged. 

We  honor  you  for  your  proclamations  «f  liberty,  and  re 
joice  in  all  the  acts  of  the  government  designed  to  secure 
freedom  to  the  enslaved. 

We  trust  that  when  military  usages  and  necessities  shall 
Justify  interference  with  established  institutions,  and  the 
removal  of  wrongs  sanctioned  by  law.  the  occasion  will  be 
improved,  not  merely  to  injure  our  foes  and  increase  the 
national  resources,  but  also  as  an  opportunity  to  recognize 
our  obligations  to  God  and  to  honor  his  law.  We  pray  that 


the  time  may  speedily  come  when  this  snail  bo  truly  a  re 
publican  and  free  country,  in  no  part  of  which,  either  state 
or  territory,  shall  slavery  be  known. 

The  prayers  t  f  millions  of  Christians,  with  an  earnest 
ness  never  manife  'tei'.  for  rulers  before,  daily  ascend  to 
heaven  that  you  may  be  endued  with  all  needed  wisdom 
and  power.  Actuated  by  the  sentiments  of  the  loftiest  and 
purest  patriotism,  our  prayer  shall  be  continually  for  the 
preservation  of  our  country  undivided,  for  the  triumph  of 
our  cause,  and  fora  permanent  peace,  gained  by  the  sacri 
fice  of  no  moral  principles,  but  founded  on  the  word  of 
God,  ami  securing  iu  righteousness  liberty  and  equal  rights 
to  all. 

Signed  in  behalf  of  the  General  Conference  of  the  Metho 
dist  Episcopal  Church. 

PHILADELPHIA,  May  14, 1864.  \ 

PRESIDENT    LINCOLN'S    REPLY. 

GENTLEMEN:  In  response  to  your  address  allow  me  to  at 
test  the  accuracy  of  its  historical  statements,  indorse  the 
sentiments  it  expresses,  and  thaiikyou  in  the  nation's  name 
for  the  sure  promise  it  gives. 

Nobly  sustained  as  the  government  has  been  by  all  the 
Churches,  I  would  utter  nothing  which  might  in  the  least 
appear  invidious  against  any.  Yet  without  this  it  may 
fairly  be  said  that  the  Methodist  Episcopal  Church,  not  less 
devoted  than  the  best,  is,  by  its  greater  numbers,  the  most 
important  of  all.  It  is  no  fault  in  others  that  tho 
Methodist  Church  sends  more  soldiers  to  the  field,  more 
nurses  to  the  hospitals,  and  more  prayers  to  heaven  than 
any.  God  bless  the  Methodist  church !  bless  all  the  churches! 
and  blessed  be  God!  who  in  this  our  great  trial  givetb.  us 
the  Churches. 

THE    STATE    OF    THE    COUNTRY. 

May  27 — The  Committee  on  the  State  of  the 
Country — consisting  of  Messrs.  Josi-ph  Curn- 
mings,  J.  Lauahan,  I.  S.  Bingham,  J.  T.  Peck,  9. 
S.  Aluusell,  L.  B.  Gurley,  G.  Moody,  T.  C.  Gard 
ner,  T.  M.  Reese,  A.  C.  George,  G.  D.  Strout,J.W. 
Lowe,  J.  B  Wentworth,  A.  S.  McCoy,  G.  W7.  Wal 
ker,  W.  F.  Cowles,  II.  D.  Fisher,  L.  M.  Reeves,  J. 
Colby,  T.  H.  Sinex,  D.  Cobb,  S.  Huffman,  J.  G 
Miller,  Nicholas  Vansant,  James  Pike,  Charles 
II.  Whitecar,  J.  B.  Wakeley,  G.'W.  Woodruff, 
0.  V.  Lemon,  E.  Thomson.  G.  M.  Boyd,  C. 
Hobart,  J.  W.  White,  W.  H.  Olin,  T.  H.  Pearne, 
W.  M'Combs,  J.  Henderson,  D.  Patten,  W.  F 
Stewart,  G.  C.  Smith,  N.  E.  Cobleigh,  J.  E. 
King,  R.  W.  Keeler,  W.  D.  Malcom.  S.  Kaines, 
I  J.  W.  Reger,  J.  Lawson,  C.  0.  Pillsbury,  H.  R. 
Clark — reported  an  address  and  these  resolu 
tions,  which  were  unanimously  adopted  : 

Resolved,  1.    That    in  this  hour  of   the  nation's   trial 
i  we  will  remember  the  President  of  the   United  States,  all 
other  officers  of  the   government,  and  our  army  and  navy, 
in  never-ceasing  prayer. 

2    That  it  is  the  duty  of  the  government  to  prosecute 
j  the  war  with  all  its  resources  of  men  and  money  till  this 
i  wicked  rebellion  shall  be  subdued,  the  integrity  of  the  na 
tion  shall  be  secured,  and  its  legitimate  authority  shall  bo 
reestablished,  and  that  we  pledge  our  hearty  support  and 
i  co-operation  to  secure  this  result. 

3.  That  we  regard  our  calamities  as  resulting  from  our 
forgetfu'ness  of  God,  and  from  slavery,  so  long  our  nation's 
reproach,  and  that  it  becomes  us  to  humble  ourselves  rtnd 
forsake  our  sins  as  a  people,  and  hereafter,  iu  ail  our  laws 
and  acts,  to  honor  God. 

4.  That  we  will  use  our  efforts  to  secure  such  a  change  in 
the  Constitution  of  our  country  as  shall  recognize  the  be 
ing  of  God,  our  dependence  on  Him  for  prosperity,  and  also 
his  word  as  the  foundation  of  civil  law. 

5.  That  we  regard  slavery  as  abhorrent  to  the  principles 
of  our  holy  religion,  humanity,  and  civilization,  «nd    that 
we  are  decidedly  in  favor  of  such  on  amendment  to  the  Con- 

I  stitution,  and  such  legislation  on  the  part  of  the  states,  :>s 
shall  prohibit  slavery  or  involuntary  servitude,  except  for 
crime,  throughout  all  the  states  and  territories  of  the 
country. 

6.  That  while  we  deplore  the  evils  of  war  that  has  filled 
our  land  with  mourning,  we  rejoice  in  the  sublimo  mani 
festations  of  benevolence  it  has  developed,  as  seen  in  the 

I  Sanitary  and  Christian  Commissions,  and  in  the  associations 
i  formed  to  aid  the  vast  multitudes  who  have  recently  be- 
j  come  freemen,  and  thi»t  wo  pledge  to  these  institutions  our 
|  hearty  co-operation  and  support. 


APPENDIX. 


499 


THE    PASTORAL    ADDRESS. 

May  27-~The  report  of  the  Committee  on  the 
Pastoral  Address  to  the  Members  of  the  Church 
—Jesse  T.  Peck,  D.  D.,  Joseph  Castle,  D.  D.,  L. 
B.  Gurley,  E.  Adams,  N.  E.  Cob'eigh,  W.  H 
Ferris — was  adopted.  These  extracts  relate  to 
public  questions  : 

We  have  held  our  session  in  the  midst  of  the  fearful 
agitations  and  struggles  of  war.  Our  nation  has  reached  a 
most  eventful  crisis.  Ambitious  and  wicked  men  have  led 
the  people  and  States  of  tho  South  into  a  most  cruel  and 
unprovoked  rebellion.  Tho  Government  ha.s  been  compelled 
to  resist  this  rebellion  by  force,  and  the  delegates  of  all  the 
Annual  Conferences,  in  General  Conference  assembled,  have 
solemnly  recognized  this  stern  necessity.  Our  reports,  re 
solutions  and  acts,  of  which  yon  have  been  already  ap- 
pri/.ed,  all  sustained  by  unanimous  votes,  will  show  the 
Church  and  tho  world  how  heartily  we  are  identified  with 
the  nation  in  her  struggles,  with  our  beloved  army  and  navy 
in  the  deadly  conflicts  of  this  war,  with  the  President  and 
all  other  officers  of  the  Government  in  the  grave  responsi 
bilities  of  their  present  position,  and  with  surviving  suf 
ferers,  whether  bond  or  free. 

We  call  your  attention  to  the  fact  that  slavery  is  the 
evident  and  guilty  cause  of  this  terrible  war,  and  express  to 
you  our  deliberate  opinion  that  there  will  be  no  peace  or 
safety  to  the  Republic  till  this  vile  usurpation  is  utterly 
destroyed.  We  have,  therefore,  resolved  not  only  to  sustain 
the  Government  most  heartily  in  the  struggle  against 
treason,  but  in  the  high  purpose  to  extirpate  the  guiUy 
cause  of  the  rebellion.  And,  in  consistency  with  these 
resolutions,  as  well  as  under  the  highest  sense  of  imperative 
duty,  we  have  determined  that  the  Methodist  Episcopal 
Church  shall,  with  the  least  possible  delay,  be  delivered 
entirely  from  this  enormous  evil.  We  have,  therefore,  pro 
posed  to  the  Annual  Conferences  such  a  change  in  the  gen 
eral  rules  as  will  henceforth  leave  no  occasion  for  misun 
derstanding  or  controversy.  Providence  has  at  length 
mysteriously  led  us  through  the  struggles  of  ages  to  the 
highest  unity  in  the  assertion  and  vindication  of  the  highest 
right.  Let  us  give  the  glory  to  God  alone. 

The  war  is  not  yet  over.  Wo  can  have  no  adequate  idea 
of  the  wrongs  yet  to  be  endured,  of  the  valuable  lives  yet 
to  be  sacrificed,  before  the  nation's  new  life  shall  be  placed 
beyond  the  reach  of  the  bloody  hands  which  seek  to  destroy 
it ;  but  we  state  to  you  calmly  and  solemnly,  that,  in  our 
judgment,  all  true  patriots  ought  to  regard  their  lives  and 
treasures,  without  reservation,  as  subject  to  the  exigencies 
of  this  conflict,  until  it  is  honorably  and  triumphantly 
ended. 

And  especially  do  we  urge  you  to  obey,  at  all  times, 
the  great  law  of  love  ;  to  pray  for  our  unnatural  enemies, 
as  well  as  their  surviving  victims ;  extending  your  most 
active  sympathy  to  our  numerous  families  and  friends  who 
mourn  the  loss  of  brave  husbands,  fathers,  brothers,  sons, 
by  this  dreadful  war.  You  will,  we  trust,  on  no  account 
relax  your  efforts  for  the  relief  and  Christian  education  of 
the  multitudes  of  freedmen  now  appealing  to  your  hu 
manity.  We  do  also  most  earnestly  commend  to  your  de 
voted  attention  our  suffering  poldiers,  and  urge  you  to  en 
larged  liberality  in  the  support  of  those  humane  institu 
tions,  the  Christian  and  Sanitary  Commissions. 

METHODIST  PKOTESTANT. 

GENERAL  CONVENTION  OF  THE  METHODIST  PRO 
TESTANT  CHURCH,   1862. 

November. — The  body  met  in  Cincinnati,  and 
unanimously  passed  the  following  preamble  and 
resolutions  : 

Whereas,  Our  country  continues  to  be  involved  in  all 
the  horrors  and  dangers  of  a  civil  war  unparalleled  in  the 
history  of  tho  world,  alike  in  its  gigantic  proportions  and 
in  the  vital  interests  which  it  shall  affect  for  good  or  ill : 
and 

Whereas,  We  cannot  be  cold  spectators  of  the  scenes  oc 
curring  around  us,  because  tluy  appeal  to  our  sympathies 
and  our  principles  as  patriots,  as  Christians,  and  as  philan 
thropists:  and 

Whereas,  We  deem  it  our  duty  to  our  country,  to  the 
world  at  large,  and  to  our  God,  to  utter  our  sympathies  and 
sentiments  in  this  honr  of  danger  to  the  country  and  to 
civil  liberty :  therefore 

Resolred,  1.  That  we  cling  with  fond  affection  to  the  in 
stitutions  bequeathed  to  us  by  our  Revolutionary  sires,  and 
that  we  infinitely  prefer  them  to  any  other  that  ever  have 
been,  or  that  may  be,  proposed  as  a  substitute  for  them. 

•2.  That  we  therefore  sanction,  with  all  our  hearts,  the 
prosecution  of  the  current  war  for  their  maintenance,  and 


we  recommend  that  this  war  be  pushed  with  the  utmost 
energy  and  to  the  last  extremity  :  because  in  its  success 
ful  prosecution  alone  we  see  the  prevention  of  anarchy  and 
misrule,  of  wide-spread  dissensions,  and  mediaeval  tyranny 
and  vassalage,  of  universal  distraction,  contentions,  and 
bloodshed,  more  fearfully  desolating  and  terrible  than  any 
thing  that  can  now  result  from  tho  course  that  we  thus  re 
commend. 

3.  That  we  heartily  endorse  the  Emancipation  Proclama 
tion  of  President  Lincoln,  because  it  strikes  at  that   bale 
ful  cansoof  all  our  civil  and  ecclesiastk-ai  difficulties — Amer 
ican  slavery — "thoeumof  nil  vi'lanierv'  thodarliug  idol  of 
villains,  the   central  power   of  villanous  sece.-,sionism,  br.f, 
now,  by   the  wisdom    of  the   President,  about  to  be  made 
the  agent  of  retributive. justice  in  punishing  that  culmina 
tion  of  villanous  enterprises,  the  attempt  to  overthrow  the 
most  glorious  civil  government  that  God's  providence  ever 
established  upon  earth. 

4.  That  we  earnestly  deprecate  all  dissensions  and  divi 
sions  among  those  who  profess  loyalty  to  the  Government 
and  to  our  free  institutions  :  and  that  we  deem  it  suspicions, 
at   least,  if  not  strong  evidence,  of   sympathy  with  our 
enemies,  when   men   in   our  midst  attempt  to  create  such 
divisions  or  dissensions  upon  any  pretext  whatsoever. 

5."  That  a  committee  be  appointed  to  address  the  Presi 
dent  of  the  United  States,  and  express  to  him,  in  the  name 
of  the  Methodist  Protestant  Church,  the  sentiments  of 
loyalty  contained  in  these  resolutions,  and  to  assure  him 
that  our  people  endorse  his  Proclamation,  sustain  the  war, 
and  are  ready  to  do  and  suffer  all  things  necessary  for  tho 
maintenance  of  our  glorious  Government  intact. 

The  Annual  Conference  at  Pittsburg,  Sep 
tember,  18G4,  unanimously  adopted  these  reso 
lutions  : 

Resolved,  That  this  Conference  does  hereby  declare  its 
loyalty  to  the  Government  of  the  United  States,  and  its 
approval  of  the  Administration  of  Abraham  Lincoln  in  his 
efforts  to  overthrow  the  rebellion  and  maintain  the  cause 
of  the  Union. 

Resolved,  That  whatever  may  have  been  the  design  of  the 
slaveholders  of  the  South  in  bringing  on  this  great  rebel 
lion,  in  our  judgment,  God  is  permitting  this  war  in  order 
to  purify  this  nation  from  her  sins — especially  the  great  sin 
of  slavery,  which  we  hold  to  have  been  the  main  cause  of 
tho  rebellion. 

Revolved,  That  the  Emancipation  Proclamation  is  hereby 
endorsed  by  this  Conference,  and  it  is  our  prayer  that  tho 
President, 'by  judicious  management,  the  power  of  his 
armies,  and  the  help  of  the  Almighty,  may  be  able  to  carry 
it  into  practical  eff<>ct  in  all  the  Rebel  States. 

Resolved,  That  party  politics,  in  our  judgment,  should 
never  be  allowed  to  interfere  with  our  allegiance  to  the 
Government  of  our  country,  and  we  hereby  advise  all  our 
people  to  be  faithful  to  the  Administration  in  all  its  efforts 
to  maintain  the  Union,  constantly  praying  for  the  Govern 
ment,  and  the  success  of  our  armies. 

Iff  Mired,  That  we  desire  a  peace  growing  out  of  the  sal 
vation  of  our  Government,  based  upon  the  principles  of 
immutable  righteousness,  in  order  that  the  Christian  reli 
gion  may  take  a  firmer  hold  than  heretofore  on  the  Ameri 
can  mind. 

The  Maryland  Annual  Conference  of  the 
Methodist  Protestant  Church  has  not  made  any 
declaration  since  the  opening  of  the  war. 
The  West  Virginia  Conference,  which  was  in 
connection  with  it,  undertook  to  ascertain  its 
position  in  March  last,  with  this  result,  us 
disclosed  in  these  extracts  from  the  report  of 
the  proceedings  of  the  latter  body  at  its  meet 
ing  in  September  : 

Dr.  Laishley,  our  fraternal  Messenger  to  the  last  Mary 
land  Annual  Conference,  submitted  his  report,  which  states 
that  owing  to  severe  affliction  in  his  family  he  was  unable 
to  attend  said  Conference  in  person,  but  that  he  addressed 
to  them  a  fraternal  letter,  in  which  he.  distinctly  set  forfJi 
the  object  of  his  mission,  to  wit:  to  ascertain  the  position 
occupied  by  the  Maryland  Conference  in  regard  to  its  loyalty 
to  the,  Government  of  the  United  States, — to  which  he  re 
ceived  the  following  reply  : — 

BALTIMORE,  Maryland,  March  21, 1864. 
REV.  DR.  P.  T.  LAISHLEY — 

DEAR  BROTHER  : — Your  official  communication  as  Mes 
senger  from  the  Western  Virginia  Annual  Conference,  was 
brought  under  tho  respectful  consideration  of  the  Maryland 
Annual  Conference  at  its  recent  session  in  this  city,  and  I  was 
commissioned  to  answer  it  to  the  following  effect : 

We,  as  an  Annual  Conference,  express  our  profound 
sympathy  with  Dr.  Laishley  in  the  sore  affliction  oi'  hi* 


500 


APPENDIX. 


daughters,  which,  witn  some  other  uncontrollable  circum 
stances,  has  deprived  both  him  and  the  Conference  of  the 
de» 'red  and  expected  pleasure  of  fraternal  greetings;  and  < 
we  hereby  extend  to  Dr.  LaisLley  and  the  Conference  he 
represents  our  warm  expression  of  Christian  sympathy  and 
affection  and  our  prayers  for  their  continued  prosperity 
as  an  effectual  agency  in  spreading  spiritual  holiness 
through  our  land.  It  was  also  determined  to  send  a 
fraternal  Messenger  to  the  Western  Virginia  Conference 
at  its  Annual  Session  in  September  next. 

I  Shall  be  happy  to  hear,  my  beloved  brother,  tlyit  your 
afllicted  child  is  mercifully  spared  to  you,  and  restored  to 
tho  enjoyment  of  comfortable  health. 

With  these  sentiments,  I  am,  most  truly, 

Yours  in  Christ, 

F.  WATERS. 

Tho  above  letter  was  referred  to  a  Committee,  who  sub 
mitted  tho  following  report,  which  was  adopted: 

We  appreciate  most  cheerfully  the  expression  of  sympa 
thy  and  affection  set  forth  in  said  letter,  but  are  grieved 
that  the  Conference  did  not  think  proper  in  its  judgment 
to  put  us  in  possession  of  the  information  we  so  earnestly 
desi  rfl,  to  wit:  the  position  occupied  by  the  Conference  in 
regard  tt  its  loyalty  to  the.  Government  of  the  United  States, 
and  furthermore  declare  that  we  cannot  affiliate  or  hold 
official  connection  with  any  Conference  which  is  not  out 
spoken  on  a  subject  of  such  vital  importance,  or  which 
will  not  condescend  to  gratify  us  so  far  as  to  inform  us 
whether  it  is  for  or  against  the  Government,  when  treason 
threatens  its  destruction.  Could  we  have  been  sati>fied 
that  the  Maryland  Conference  as  a  body  gave  her  sympa 
thies  and  ii.'fluence  to  tho  Government  under  which  we 
live,  it  w  >u\d  have  afforded  us  great  pleasure  to  have 
continued  in  official  connection  with  her ;  but  for  the  want 
of  such  an  expression  on  her  part,  we  have  to  adopt  the 
language  of  tho  Master  and  say,  "  Tlity  who  are  not  with 
us  arc  against  us." 

The  West  Virginia  Conference  now  holds  con 
nection  with  the  Methodist  Protestant  Confer 
ences  of  the  Western,  Northern,  and  Eastern 
States. 

Of  the  proceedings  of  the  Maryland  Confer 
ence  referred  to,  these  have  relation  to  the  ex 
pected  communication  from  the  West  Virginia 
Conference  : 

Rev.  L.  W.  Bates  offered  this  resolution, 
which  was  adopted  : 

Resolved,  That  in  accordance  with  the  suggestion  of  the 
President,  (Eev.  .lames  K.  Nichols.)  in  his  executive  paper, 
a  committee  of  three  ministers  and  delegates  bo  appointed, 
whose  duty  it  shall  be  to  confer  with  all  visitors  having  busi 
ness  with  the  Conference,  and  to  decide  whether  and  when 
those  of  them  who  wish  to  address  the  Conference  shall  be 
privileged  to  do  so;  and  all  communications  not  strictly  be 
longing  to  the  regular  and  annual  business  of  the  Confer 
ence,  shall  be  referred  to  said  committee. 

Rev.  Dr.  F.  Waters,  Rev.  L.  W.  Bates,  Rev. 
T.  D.  Valiant,  George  Vickcrs,  Esq.,  and  L.  J. 
Cox,  Esq.,  were  appointed  on  that  Committee. 
On  a  subsequent  day,  it  was  announced  to  the 
Conference  that  a  letter  had  been  received  from 
Rev.  Dr.  P.  T.  Laishley,  appointed  fraternal 
Messeng  r  from  the  West  Virginia  Conference. 
The  litter  was  not  read  in  open  Conference,  but 
immediately  referred  to  the  committee  afore 
said,  and  in  relation  to  it  the  committee  re 
ported,  on  the  same  day,  as  follows  : 

A  communication  was  received  from  Dr.  P.  T.  Laishley 
Messenger  from  West  Virginia  Conference,  expressing  hi? 
regret  at  not  being  able,  owing  to  sickness  in  his  famil.v 
and  other  unfavorable  circumstances,  to  visit  our  Confer 
ence. 

The  Committee  recommend  that  the  Conference  express 
its  sympathy  for  Dr.  Laishley  in  the  affliction  of  hisdaugh 
ter,  which  -has  deprived  both  him  and  the  Conference  o 
tho  pleasure  of  fraternal  greetings,  and  that  we  extend  U 
Dr.  Laishley  and  the  (Jonferenco  he  represents,  our  warn 


expression  of  Christian  sympathy  and  affection,  and  our 
prayers  for  their  continued  prosperity  as  an  efficient  ni.-tn 
menti 
Land. 


mentality  in  spreading    scriptural    holiness   through  ou 


We  further  recommend,  that  the  Conference  elect  a  Mes 
periger  to  visit  tho  next  session  of  West  "Virginia  Confer 
«uce,  to  be  held  in  Fairmont,  Va.,  in  September,  1804. 


And  that  a  committee  be  appointed  to  address  a  letter 
to  Bro.  Laishley,  expressing  to  him  the  above  sentiments  of 
our  Conference. 

F.  WATERS, 
GEO.  VICKEES, 
T.  D.  VALIANT, 
L.  W.  BATES, 
L.  J.  COX,  JR. 

On  motion,  Dr.  F.  Waters  was  appointed  the 
committee  named  in  the  above  report. 

A  number  of  the  Ministers  in  this  Conference 
are  known  to  disapprove  of  the  silence  ol  the 
onference,  and  to  regret  deeply  the  posii  ion  it  is 
thus  made  to  occupy,  and  who.  iu  their  respec 
tive  spheres  of  du'y,  urge  the  duty  of  main 
taining  the  National  authority  and  suppressing 
the  Rebelli  n.  Subjoined  are  the  resolutions 
adopted  in  March,  1864,  by  the  Ninth  Street 
Methodist  Protestant  Church,  Washington  City: 

Mr.  Blackiston  offered  the  following  resolutions,  and 
moved  their  adoption : 

Whereas  an  opinion  expressed  that  this  church  is  virtu 
ally  an  organized  society  of  religious  sympathizers  with 
rebellion  has  gained  believers  in  the* community;  and 
whereas  a  strict  adherence  to  the  adopted  silence  on  such 
matters,  as  a.  church,  gives  reasons  for  rebel  sympathizers 
to  hope  that  the  assertion  is  true,  and  for  loyal  men  to 
doubt  the  loyalty  of  the  members  of  the  church  :  There 
fore  bo  it 

Resolved,  That  justice  to  ourselves  and  our  brethren 
demands  of  us  a  full  expression  of  our  loyalty  at  this 
time. 

Resolved,  That  in  our  opinion  the  rebellion,  which  has 
flooded  the  valleys  and  plains  of  the  South  and  West  with 
blood,  is  treasonable,  wicked,  and  ought  to  be  crushed,  and 
the  leaders  punished  as  traitors. 

Resolved,  That  we  of  Ninth  street  station  have  no  sym 
pathy  with  those  engaged  openly  in  the  rebellion,  and  less 
with  those  who,  while  they  are  amassing  fortunes  from  tho 
Government,  are  secretly  giving  aid  and  comfort  to  its 
enemies. 

Resoh-ed,  That  though  we  may  admire  the  talents  and 
commend  the  zeal  of  every  minister  of  the  Conference,  wo 
consider  no  minister  as  acceptable  to  the  Ninth  street  pul 
pit,  against  whose  loyalty  there  is  the  slightest  reason  for 
doubt. 

Resolved,  That  the  Secretary  is  hereby  ordered  to  prepare 
a  copy  of  theso  resolutions  and  sign  them;  the  chairman 
is  hereby  ordered  to  countersign  them:  and  the  delegate  to 
tho  .Maryland  Annual  Conference  is  hereby  ordered  to  pre 
sent  them  to  the  President  of  that  body. 

Rev.  J.  T,  Ward  is  pastor,  succeeding  Rev.  C. 
T.  Cochel. 

FREE    METHODIST. 

NEW    YORK    CONFERENCE    OF    THE     FREE     METHO 
DIST    CHURCH,    1864. 

September — The  b'»dy  met  at  Akron,  29th 
and  30.  h,  and  October  1st,  and  adoptei  the  fol 
lowing  preamble  and  resolution  : 

We  are  men  of  peace.  Our  Master,  whom  we  supremely 
love  and  endeavor  to  serve,  is  the  Prince  of  Peace.  lie  has 
taught  us  to  love  our  enemies  and  to  do  good  as  far  as  pos 
sible  to  all  mankind.  But  he  has  also  taught  us  that  ••  tho 
magistrate  beareth  not  the  sword  in  vain.'7  lie  is  to  bo  a 
terror  to  evil  doers;  but  how  can  this  be  if  the  laws  against 
crime  are  net  executed?  And  how  can  they  be  executed 
without  the  exercise  of  physical  force?  If  force  may  be 
used  to  execute  the  laws  against  a  single  highwayman, 
may  it  not  be  against  a  band  of  criminals  who  set  the  laws 
at  defiance?  Does  the  magnitude  of  a  con.-piracy  against 
just  laws  and  the  common  rights  of  humanity,  render  the 
employment  of  whatever  force,  for  whatever  time  may  be 
necessary  for  its  suppression,  unchristian  and  wrong?  Is 
it  right  to  punish  petit  larceny,  and  wrong  to  punish  mur 
der?  If  not,  then  is  tho  effort  to  suppress  by  force  of  arms 
this  wicked  rebellion,  still  existing  in  this  country,  entirely 
consistent  with  the  Christian  religion.  Humanity  demands 
that  the  rebellion  be  put  down,  no  matter  how  great  may 
bo  tho  expenditure  of  blood  and  treasure  necessary  to  se 
cure  its  overthrow.  The  fate,  of  the  ambitious,  unscrupu 
lous  men  who,  because  deprived,  in  a  perfectly  proper  and 
legal  manner,  of  the  patronage  of  the  Government  which 
they  had  invariably  used  foi  the  spread  and  p  -rpetuation 
of  human  bondage,  have  couspireU  for  the  overthrow  of 


APPENDIX. 


501 


the  Nation,  arid  who,  in  endeavoring  to  carry  out  their  no-  [  social,  civil,  and  religious  societies  of  all  nations,  (under  a 
furious  scheme.*,  have  deluged  the  laud  with  blood  and  j  never  before  enjoyed  measure  of  Heavenly  favor,)  and  psr- 
muitiplied  widows  and  orphans  in  all  our  borders,  should  j  fected,  in  a  never  before  known  greatness: — here,  where, 
stand  upon  the  page  of  history  a*  :i  warning  to  conspirators  |  through  th«  help  of  God  with  a  strung  arru,thuo  wrested  fro 


against  the  lights  of  men  in  all  future  ages. 

In  common  with  our  fellow  citizens  we  feel  the  burdens 
of  this  terrible  struggle  for  national  existence  and  the 
rights  of  humanity.  We  enjoy  no  immunity  from  the 
pi-jils  it  involves.  Some  of  the  preachers  of  our  denomi 
nation  have  bravely  led  their  mm  upon  the  field  of  battle. 
ami  have  nobly  fallen  in  the  sanguinary  strife.  Our  bro 


the  grasp  of  Despotism,  consecrated  with  their  own  blood, 
one  of  the  best  human  governments  that  sv«r  existed,  and 
with  it  a  country  that  should  become  a  place  of  secure  ref 
uge  for  all  the  oppressed  of  the  earth ;  but  where  Satan, 
the  arch  enemy  of  God  and  man,  planted  the  upas  of 
Slavery  and  man-brutalization,  this  excrescence  of  lieli  and 
sum  total  of  all  meanness  and  villainy,  and  through  the 


th«-rs  and  our  sons  are  still  at  the  post  of  danger,  or  have  poisonous  curse  to  subvert  this  heritage  of  free  men,  to  bo 
laid  down  their  lives  for  our  beloved  country.  Should  the  j  made  the  stage  of  uuhoard-of  abominations  and  sniTe'rings, 
war  continue,  we  are  liable  to  be  called  upon  to  follow  |  the  burying-place  of  pure  religion,  liberty,  and  civilization, 


As  Christians  and  as  men  we  deprecate 
this  gn-ai  eti'iiHoi!  of  blood,  and  we  devoutly  and  unitedly 
pray  ior  the  return  of  peace.  Rut  we  would  have  a  peace 
that  promises  to  be  permanent  in  its  character  and  benefi 
cial  in  its  results:  Therefore 

j'cffili-fd.  That  as  much  as  we  deprecate  the  suffering 
cau-ed  by  the  civil  war  now  raging  in  our  land,  we  have  no 
de.-ire  to  have  it  stop  until  the  rebellion  is  thoroughly  sub 
dued  and  Slavery,  its  gnilty  cause,  is  completely  and 
forever  extinguished  in  all  our  borders. 

Resolved.  That  while  we  keep  ourselves  aloof  from  all 
party  strife,  we  do  most  cordially  sustain  the  Government 
in  its  efforts  to  subdue  tho  rebellion,  and  especially  in  the 
emancipation  policy ;  and  we  trust  it  will  go  on  in  the 
same  direction  until  all  their  rights  as  men  are  restored  to 
the  colored  race. 

Resolved,  That,  while  we  do  not  believe  in  any  unneces 
sary  intermeddling  with  the  political  opinion^  of  individuals, 
yet  we  do  not  see  how  any  who  sympathize  with  slav 
holding  and  with  the  slave-holders'  rebellion  ,CKU  consist 
ently  belong  to  the  Free  Methodist  Church. or,  indeed,  to 
any  religious  body  professing  to  be  governed  by  the  princi 
ples  of  the  New  Testament. 

Hi-tot 'i>ed,  That  we  render  devout   thanksgiving   to   God 


for   th 


tories   he   has  given  our  armies,  and  we 


will  devoutly  pray  the  Lord  of  Hosts  to  continue  His  in 
terpositions  in  behalf  of  our  nation,  and  give  success  to  our 
arms,  and  restore  peace  and  prosperity  to  our  land,  and 
establish  our  free  institutions  on  the  firm  foundation  of 
universal  righteousness  and  justice. 

R.  T.  ROBERTS, 

Chairman  of  Committee. 

EVANGELICAL  ASSOCIATION. 

GENERAL     CONFERENCE     OF     THE     EVANGELICAL 
ASSOCIATION,    1863. 

October  1 — The  body  met  in  Buffalo. 
October  19 — The  Committee  on  the  State  of 
the  Country  made  two  reports,  as  Mllosvs: 

MAJORITY    REPORT. 

Your  Committee  has  the  honor  to  lay  the  following  re 
port  on  the  State  of  the  Country  before  the  Conference  for 
consideration : 

The  great  truth  that  God  governs  the  world,  and  in  his 
providence  presides  over  the  destinies  of  man,  is  not  only 
founded  on  his  Being  and  attributes,  but  it  also  stands  legi 
bly  enstamped  on  every  page  of  the  History  of  the  Human 
Race,  and  it  cannot  be  misrepresented  that  the  Supreme 
Ruler  has.  in  all  the  alternation?,  in  the  struggle  raging  be 
tween  the  powers  of  light  and  darkness,  ever  since  the  Fall, 
so  directed  the  course  of  event.*,  that  each  of  them  brought 
man  nearer  the  great  end  of  his  destination,  viz  :  the  eman 
cipation  from  the  dominion  of  evil,  and  the  investiture  of  all 
with  an  equal  title  to  the  enjoyment  of  life,  liberty  and 
happiness. 

'ihe  present  inexcusable  and  unholy  rebellion,  that  is 
now  raging  in  our  land,  is  nothing  less  than  the  expression 
and  the  outward  appearance  of  the  great  world- wide  strug 
gle  between  the  forever  inalienable  rights  of  mankind,  on 
tin-  one  hand,  and  the  unrighteousness  of  falsehood  and  ty 
ranny  on  the  oilier;  in  the  status  into  which  this  world 
struggle,  under  the  immediate  righteous  government  of 
God,  and  the  special  elements  of  our  national  existence, 
has  entered,  and  where  both  antagonistic  powers  are  more 
fully  expressed,  and  stand  opposed  to  each  other  in  a  more 
rugged  form,  than  hiis  been  the  ca^-e  heretofore  of  the  thea 
tre  of  history  ;— here,  where  for  more  than  two  hundred 
years,  Liberty  has  found  an  asylum  in  the  wilderness 
against  the  despotic  oppression  and  papal  persecutions  of 
Europi — where  the  God-confiding  .Pilgrim  Fathers,  a  com 
pany  of  persecuted  Protestant  Christians,  laid  the  corner- 
tttout  of  this  republic,  and  its  glorious  institutions  of"  Lib 
erty  and  Equtility,"  according  to  the  principles  of  the 
Holy  Scriptures,  for  futurity — here,  where  in  later  years, 
the  brave  sons  of  these  worthy  ancestors,  have  laid  this 
aiviiivly  selected  foundation  btoue,  reared  on  it  the  ideal  of 


and,  indeed  the  hopes  of  the  world;  and  where  further 
men  who  at  the  price  of  all  higher  motives  and  designs, 
driven  by  avarice  and  lust  of  power,  for  more  than  thirty 
years,  worked  according  to  a  well  laid  plan  for  the  subver 
sion  of  the  Constitution,  the  dissolution  of  the  Union,  and 
tho  overthrow  of  the  Government,  until  at  last,  on  the 
l-'th  day  of  April,  1801,  by  the  first  fire  on  the  banner  of 
the  stars  and  stripes  on  Fort  Sumter,  made  known  that 
they  were  ready  to  carry  out  their  treasonable  design. 

In  view  of  these  facts,  bo  it,  by  us,  the  delegates  of  tlio 
several  annual  conferences  of  the  Evangelical  Association, 
in  General  Conference  assembled,  on  the  19th  duy  of  Octo 
ber,  A.  D.,  1863,  solemnly 

Rexolred,  1.  That  notwithstanding  our  conviction  that 
war  and  bloodshed  is  a  terrible  evil,  and  the  extrottiely  de 
plorable  consequence  of  sin,  in  opposition  to  ihe  spirit  of 
Christianity,  and  its  existence  to  be  deeply  deplored  in  our 
so-called  Christian  land;  but  inasmuch  as  the  present  ter 
rible  war  raging  in  our  land,  was  caused  by  tho  insunec- 
tion  of  a  band  of  traitors  and  rebels,  against  tho  life  and 
existence  of  the  nation  itself,  whose  chief  object  is  the  de 
struction  of  liberty,  the  exaltation  of  a  comparatively  small 
class  over  the  larger — tho  laboring  class,  which  constitutes 
the  germ  of  the  nation ;  the  dishonoring  of  labor  itself, 
and  the  extension  and  perpetuation  of  slavery ; — in  con 
sideration  of  these  undeniable  facts  it  is  the  imperative 
duty  of  our  Government,  to  use  the  sword  entrusted  to  it 
of  God,  in  defense  of  our  rights,  the  execution  of  t  lie  laws, 
tho  protection  of  our  free  institutions,  tho  maintenance  of 
our  forever  indissoluble  and  inseparable  Union,  in  accord 
ance  with  the  Constitution  upon  which  it  rests,  and  finally 
to  punish  the  rebels  against  our  Government,  and  it  is  th« 
holiest  duty  of  every  citizen,  faithfully  to  support  the 
Government  in  the  important  duties  devolving  upon  the 
same. 

2.  Resolved,  That  we  cannot  conceal  the  fact,  that  only 
the  prevalent  deep  moral  and  religions  corruption,  in  all 
the  walks  of  life,  made  it  possible  to  inaugurate  its  bloody 
struggle;  therefore  we  acknowledge  the  same  as  a  well- 
merited  chastisement  of  God,  and  rebuking  admonition  to^. 
repentance  and  reformation,  which  applies  particularly  to 
the  too  worldly-minded  church,  and   upon   the  heeding  of 
which  admonition  depends  the  salvation  of  our  country. 

3.  Resolved,  That  a  republican  form  of  Government  can 
only  exist  where  tho  principles  of  the  Christian  religion 
are  deeply  rooted  in  common  life,  and  constitute  the  pre 
dominant  element,  where  it  is  the  mission,  especially  of  the 
Christian   ministry,  to  watch  over  the  Christian  religion, 
that  it  may   not   become  the  handmaid  of  unscrupulous 
demagogues  or  that  the  free  discussion  ot  such  questions  as 
relate  to  the  temporal  welfare  of  the  people   may  not  l>t) 
prejudiced,  but  on  the  contrary,  that  the  life  of  the  Whole 
nation  be  pervaded  by  the  spirit  and  essence  of  Christianity. 

4.  Resolved,  That  we  consider  tho  fact,  that  the  peacea 
ble  occupations  in  the  Northern  States  have  made  undis 
turbed  progress,  and  rejoice  in  an  extraordinary  advance, 
that  the  national  prosperity  and  strength  of  our  Govern 
ment  has  attained  a  degree,  which  it  did  not  reach  in  the 
long  years  of  peace,  as  unmistakable  evidences  that  it  is 
God's  gracious  design  and  good  will  that  our  nation  should 
come  forth  tried  and  purified,  and  that  this  Union  of  states, 
established  on  the  principles  of  tho  Bible,  shall  be  continued, 
with  increased  liberties. 

5.  Resolved,  That  in  the  midst  of  our  national  concus 
sion,  we  behold  the  indubitable  proofs  of  the  favor  of  God 
in  the  fact,  that  lie  has  given  us  rulers  who,  by  their  able. 
Statesmanship,  have  given   their  official  acknowledgment 
of  the  higher  Government  of  (rod  over  them,  and  by  their 

11-tried  probity  and  distinguished  administration  of  the 
Government,  have  shown  themselves  worthy  of  the  undi 
vided  confidence  of  the  nation. 

6.  Resolved,  That,  as  slavery  is  a  social,  moral,  and  civil 
evil,  and  the  great  cause  of  tbe  present  rebellion,  we  deem 
its  continuance  as  incompatible  with  the  exalted  mission 
of  our  nation :  and  hence  look  upon  the  efforts  of  tho  pres 
ent  administration  to  inaugurate  measures  for  its  ultimate 
extinction,  as  righteous  and  patriotic;  and  therefore  recog 
nize  also  the  so-called  Emancipation  Proclamation  of  tho 
President,  in  his  capacity  of  Commander-in-Chief  of  the 
Army  and  Navy  of  the  United  States,  as  well   as  the  sus~ 


502 


APPENDIX. 


pension  of  the  Writ  of  Habeas  Corpus,  as  constitution*!  : 
and  in  tho  highest  degree  proper  measures  for  the  sup-  \ 
press-ion  of  the  present  insurrection. 

7.  liei-.if' ••!>;(.  That  we  will  not  omit,  as  becoming  our  office 
ai;<l  work,  as  preachers  of  tho  Gospel,  to  support  the  Gov 
ernment  in  every  proper  measure,  which  it  may   employ 
for  the  suppression  of  the  rebellion,  and  tho  restoration  of 
pence,  and  that  we  earnestly  exhort  all  our  members,  ac- 
couling  to  tho  doctrine  of  the  Bible,  and  profession  >A'  re 
ligion,    to    manifest   toward   the   Government  reverence, 
fidelity,  and  obedience,  and  not  to  neglect  to  pray  for  the 
same  and  the  welfare  of  our  country. 

8.  Restilee'l,  That  we  consider  the  political  partisanism, — 
•where  the  interests  of  the  country  and  religion  are  made 
of  lets  importance  than   party  interests,  and  are  sacrificed 
inconsiderately — its  entirely  unworthy  of  a  Christian  citi 
zen;  and  therefore  urgently  admonish  our  preachers  and 
members  to  abstain  from  all  such  folly. 

'.).  Rcxo/red,  That  we  appreciate  the  patriotism  and 
bravery  of  our  fellow-citizens,  who  have  sacrificed  the 
comfort*  of  domestic  life,  and  took  up  arms  in  defense  of 
their  country,  and  heartily  sympathi/.e  with  them  and 
their  families,  and  remember  the  sufferings  and  sacrifices 
which  they  have  endured  for  the  deliverance  of  the  Union 
and  preservation  of  the  Republic,  or  may  yet  endure,  that 
we  will  support  them  with  word  and  deed,  and  will  ever 
remember  them  in  our  prayers. 

10.  Resolved,  That  we  will  not  omit  to  call  upon  God,  to 
pour  out  His  Spirit  in  an  abundant  measure  upon  the 
Church  of  our  land,  and  upon  the  nation  in  general,  that 
lie  will  redeem  our  nation  from  its  sin,  eradicate  its  guilt, 
and  speedily  grant  us  a  just  and  permanent  peace. 

J.  J.  ESIIER, 
R.  DUBS, 
H.  HUELSTER, 
M.  LAUER, 
J.  STOLL, 
A.  STA11LY, 
J.  FUCHS, 
S.  G.  RHOADS. 

Committee. 

MINORITY    REPORT. 

Whereas  the  majority  report  of  the  Committee  on  the 
etate  of  tho  country  contains  expressions  which  we  cannot 
conscientiously  endorse ;  therefore  we  submit  the  follow 
ing  : 

Whereas  a  wicked  and  causeless  rebellion  is  still  raging 
over  a  great  part  of  our  country,  threatening  our  civil  and 
religious  liberties,  imperiling  the  glorious  Union  of  these 
states,  and  aiming,  as  we  believe,  at  the  overthrow  of  our 
glorious  Republic;  and 

Whereas  tho  Government  of  the  United  States,  in  its 
efforts  to  put  down  this  wicked  and  gigantic  insurrec 
tion,  should  have  the  undivided  support  of  every  citizen, 
who  loves  his  country,  and  the  heaven-born  institutions 
of  iVeedom,  bequeathed  unto  us  by  our  fathers;  anil 

Whereas  we  recognize  the  hand  of  God,  in  the  destinies 
of  all  the  nations  of  the  earth;  therefore, 

Re-Mili-eil,  That  while  we  deeply  deplore  the  existence  of 
this  fratricidal  strife,  and  tho  necessity  of  bloodshed  in  the 
maintenance  of  the  Union,  novertneless  we  believe  it  to  be 
tho  duty  of  the  Government  to  use  every  legitimate  and 
constitutional  means  to  suppress  the  abominable  spirit  of 
treason,  exterminate  rebellion,  and,  by  the  blessing  of  God, 
restore  p"ac«  and  union  to  our  now  distracted  country. 

Jtrsvlrcu.  Tbat  we  conceive  it  to  be  the  duty  of  all, 
especially  of  every  Christian,  to  sustain  the  Government  in 
this  hour  of  peril,  by  prayer,  obedience,  and  every  proper 
means,  in  its  efforts  to  suppress  this  cruel  rebellion,  and  to 
pray  that  God  may  grant  wisdom  to  our  rulers,  and  effi 
ciency  to  our  arms. 

Resolved,  That  while  we  acknowledge  God  as  the  Su 
preme  Kule,  of  the  universe,  and  the  Dispenser  of  the 
great  events  of  nations,  we,  at  the  same  time,  acknowledge 
tfcewo  calamities  to  be  a  just  chastisement  for  our  national 
MUS,  MICU  as  ingratitude,  Sabbath-desecration,  pride,  revel 
ry,  profanity,  infidelity,  slavery,  Ac.,  and  the  present  con 
flict,  a  btriKglo  between  the  spirit  of  libetty  and  despot 
ism;  therefore  we  humbly  bow  to  tho  chastening  rod  of 
the  Almighty,  confess  our  sins  as  a  nation,  praying  that 
He  may  in  His  wrath  remember  mercy,  mitigate  the 
infliction  of  deserved  punishment,  and  overrule  this  com 
motion,  flint  the  nation  may  come  forth  purified,  His 
name  glorified,  and  His  purposes  accomplished. 

Whereas  this  tew'blc  struggle  has  been,  and  still  is 
fraught,  with  the  loss  of  property,  friends,  health,  life 
and  "limb,  bringing  distress,  sorrow,  and  mourning  into 
many  families,  while  thousands  of  our  bravo  fellow-citizens 
are  still  undergoing  tho  privations  of  soldier's  life,  there- 
lore, 

Resolved,  That  we  deeply  sympathize  with  them  in  their 
Uwses  and  privations,  especially  with  the  sick  and  wounded, 


and  assure  then    of  our  prayer:-,  while  the  patriotic  doaJ 
shall  ever  live  fie  h  in  our  memories. 

Whereas  Slavery  is  a  great  moral,  social,  and  political 
evil,  one  of  the  primary  causes  of  this  unreasonable  rebel 
lion  ;  therefore, 

AV,v,/,-e<7,  That  we  disapprove  of  the  entire  pystetn  of 
Slavery,  and  fully  endorse  the  sentiments  expressed  in  our 
<  hurch  Discipline. 

Whereas  much  injury  has  been  done  in  Christian  com 
munities  by  undue  participation  in  political  party  strife; 
therefore, 

Resolved,  That  we  deeply  regret  that  some  permit  them 
selves  to  be  carried  away  by  such  party  strife,  and  indulge 
in  contemptuous  epithets,  and  thereby  ferment  discord, 
and  alienate  brotherly  feeling  to  such  a  degree  that  tho 
interests  of  religion  and  the  country  become  secondary 
matters  and  we  hereby  disapprove  of  such  conduct  :;a 
highly  culpable  and  unworthy  a  Christian  and  especially  a 
minister. 

Whereas  in  God  alone  is  our  help  and  safety;  therefore, 

Resolved,  That  we  call  upon  all  Christians,  everywhere, 
to  unite  with  us  in  giving  thanks  to  our  great  Bei  efaclor 
for  the  many  tokens  of  Good,  which  He  in  the  mi-Jst  of  our 
calamities  manifests  unto  us,  at  the  same  time  conferring 
before  God  our  many  national  sins,  deprecating  His  wrath, 
and  with  us  call  upon  God  to  give  wisdom  to  our  Rulers, 
and  their  legal  advisers,  discretion  to  our  officers,  and 
courage  to  our  soldiers;  that  lie  may  turn  the  hearts 
of  the  rebels  from  the  errors  of  their  ways;  and  upon  tint 
whole,  to  direct  the  course  of  events  that  victory  may 
perch  upon  our  banner,  the  tide  of  treason  may  flow  back 
ward,  rebellion  be  crushed,  and  the  balmy  days  of  pea-  e 
and  prosperity  may  soon  return  and  smile  upon  us  agaii., 
and  the  .S'/dV  Spanyletl  Jlanner  wave  over  the  entire  laud  of 
the  free  and  home  of  the  brave. 

JACOB  YOUNG. 

VOTE    OF    THE    CONFERENCE. 

FOR  THE  MAJORITY  REPORT— Messrs.  J.  J.  Esher,  R.  Dubs, 
II.  Huelster,  M.  Lauer,  J.  Stull,  A.  Stably.  J.  Fuchs,  S.  G. 
Rhoads,  S.  Ncitz,  J.  Yeakel,  J.  P.  l.eib,  J.  Schell,  J.  Koehl, 
G.  T.  Ilaines,  L.  Snyder,  Fr.  Hoffman,  F.  Krecker,  II. 
Stetzel,  E.  Kohr,  J.  .M.  Young,  C.  F.  Deininger,  t,.  May,  C. 
Lindeman,  A.  Niebel.  J.  Rank,  J.  G.  Pfeuller,  .).  L.  W  Sei- 
berr,  S  B.  Kri.ig,  L.  Jacoby,  J.  D.  Jenni.  M.  Lehn,  S. 
Weber,  F  Herlan,  G.  F.  Spre"ng,  J.  G.  Zi user,  John  Dreis- 
bach,  C.  M.  Reinhold.  John  Walz.  D.  Strohman.  G.  Haley, 
L.  Sheuerman,  C.  A.  Muuk.  F.  Freeh,  C.  Cupp,  S.  A.  To 
bias,  C.  Hummel,  C.  Shaefle,  Che.  Augenstein,  E.  Mussul 
man,  R.  Rohland,  Jos.  Schneider.  J.  G.  Esher.  L.  Buchler, 
C.  A.  Schnake,  S.  Dickover,  1.  Kuter,  J.  Keiper,  M  W. 
Steffey,  Joseph  Weber,  A.  B.  Shaefer,  G.  G.  Platz,  and  M. 
Hoehh.  t;2. 

FOR  THE  MINORITY  REPORT — J.  Young,  P.  Wagner,  S.  W. 
Seibert,  and  M.  J.  Carothers.  4. 

CATHOLIC. 

I  have  not  been  able  to  ascertain  that  any 
council  or  body  of  the  Church  has  made  a  de 
claration  on  the  subject.  Several  of  the  Bishop.s 
have,  on  sunury  occasions.  Bishop  Hughes 
undertook  a  mission  to  Europe  in  the  interest, 
of  the  Government.  His  successor,  Bishop 
McCloskey,  at  the  late  ;hanksgiving  for  victo 
ries,  ordered  a  general  observance  of  the  day 
in  his  dioceje,  with  appropriate  services  in 
the  churches.  Bishop  Wood,  of  Philadelphia, 
issued  this  paper : 

To  the  Clergy  and  Faithful  of  the  Diocese  of  Philadelphia  : 
Greeting : 

Wo  cheerfully  call  your  attention  to  the  invitation  of  hi* 
Excellency,  the  President  of  the  United  States,  who,  in  an 
nouncing  the  recent  successes  of  the  Union  arms,  desire.-* 
that  all  should  unite  in  thanksgiving,  supplications  and 
prayers  to  the  Great  Ruler  of  the  destinies  of  nations. 

Let  us,  therefore,  send  up  our  thanksgivings  to  God  for 
the  merciful  dispositions  of  His  Divine  Provideuce  in  our 
regard,  and  pour  forth  our  earnest  supplications  that  His 
Divine  blessing  may  descend  upon  us,  and  procure  lor  us 
the  inestimable  fruit  of  national  harmony  and  fraternal 
union. 

We  request  tho  Reverend  Pastors  to  recite  for  this  i-iten- 
tion  at  the  last  Mass  on  Sunday,  the  Litany  of  the  Saints, 
and  to  add  such  devotions  as  they  may  deem  appropriate  to 
the  occasion. 

Pax  Domini  sit  semper  vobiscum. 

Given  at  Philadelpnia  this  9th  day  of  September,  A.  D. 
lSf4  f  JAMES  F.  WOOD. 

Bishop  of 


APPENDIX. 


503 


Archbishop  Kenrir-k,  of  Baltimore,  September 
2,  1861,  issued  an  address  to  the  clergy  of  the 
diocese  of  Baltimore,  directing  the  use  "  on  all 
Sundays  at  ihe  parochial  Mass,"  of  a  prayer  for 
the  President  of  the  United  States,  and  for  the 
authorities  generally,  being  that  framed  by  J  >hn 
Crtir/H  and  prescribed  in  1791. 

Archbishop  John  B.  Purcell,  of  Cincinnati, 
published  this  Address  on  a  like  occasion  : 

The  President  of  the  United  States  and  the  Governor  of 
the  Stit«  of  Ohio  having,  in  conformity  with  a  most  proper 
and  a  time-honored  practice,  appointed  tho  fourth  Thursday 
of  November  ,-is  a  day  of  devout  thanksgiving  to  the  Al 
mighty  Clod  for  His  mercies;  of  humiliation  for  our  sins; 
and  of  supplication  for  peace;  we  hereby  ordain  that  the 
Catholic  congregations  of  this  diocese  bo  earnestly  exhorted 
by  their  pastors  to  meet  in  their  respective  chnrchts  on  the 
day  above  specified,  and  assist  in  becoming  sentiments  of 
gratitude,  penitence  and  prayer  at  the  groat  Eucharistic, 
expiatory  and  impetratory  Sacrifice  of  the  New  Law. 

\\re.  Catholics,  have  largely  shared  in  the  blessings  of 
health,  abundant  harvest*)  and  exemption  from  the  ravages 
of  war  wlrirh  God  has  granted  to  the  peoplo  of  the  North. 
Our  sins  have  as  largely  merited  the  chastisement  which 
has  overtaken  our  erring  brethren  of  the  South,  and  which 
has  cost  the  life-blood  of  so  many  thousands  of  our  own 
brave  soldiers  who  left  their  pleasant  homes  to  check  the 
Hdv.mcc  of  the  foe  and  confine  the  deadly  strife  to  the  bat 
tle  lields  on  which  it  madly  oiiginated.  Our  hopes  of  future 
happiness  on  earth  are  vain  if  the  peace,  the  prosperity,  the 
progress  in  arts,  sciences  and  religion  which  have  distin 
guished  us  among  all  tho  nations  of  the  earth  for  fourscore 
»md  eight  years,  and  which,  under  the  Divine  blessing,  are 
mainly  attributable  to  our  Constitution  and  Union,  be  not 
continued  by  the  maintenance  of  that  Union  and  the  elim 
ination  of  those  defects  which  Christian  civilization  and 
i  >ur  own  experience  have  shown  us  tho  Constitution  con 
tained.  It  therefore  becomes  our  solemn  duty  to  observe 
with  no  ordinary  fervor  the  National  holiday;  and  as  we 
cannot  enjoy,  and  should  not  desire,  peace,  happiness,  and 
independence  except  in  the  society  of  our  fellow-citizens, 
we  should  pray  for  and  promote,  by  every  means  in  otir 
power,  their  welfare  as  well  as  our  own. 

We  confess  that  it  has  greatly  pained  us  to  hear  that 
certain  rash,  irreverent  and  thoughtless  men  of  our  com 
munion  have  denounced  and  abused  the  Government,  the 
Administration,  and  their  abettors.  Now,  God  commands 
us  to  bless  and  curse  not.  And  when  bad  men  cursed  the 
supporters  of  the  Government,  did  they  not  reflect  that 
they  cursed  the  more  tiian  hundreds  of  thousands  of  Cath 
olic  voters,  and  Catholic  soldiers  of  cur  army  who  defend 
that  Government  in  the  field?  Did  they  not  reflect  that  its 
downfall  would  be  hailed  with  acclammation  by  our  own 
hereditary  oppressors,  across  the  ocean?  Did  they  reflect 
that  if  political  salvation  is  ever  to  reach  a  far  distant  and 
beloved  island,  it  must  come  to  it  from  these  United  States 
which  they  would  sever? 

There  is  no  justifying  cause  or  reason  to  curse  the  Govern 
ment  or  the  Administration.  They  did  not  commence  this 
war.  They  could  scarcely  bring  themselves  to  believe  that 
it  was  seriously  commenced,  even  when  forts  had  fallen  and 
the  blood  of  our  people  was  shed  by  the  hands  of  the  South. 
And  when  force  had  to  be  repelled  by  force,  when  armies 
had  to  be  raised  and,  therefore,  troops  to  be  drafted  to  raise 
tho  blockade  of  our  rivers  and  stem  the  tide  of  aggression, 
what,  mure  did  our  Government  do  than  was  done  in  the 
South?  Where  in  the  North  was  the  draft,  the  conscrip 
tion,  enforced  as  ruthlessly  and  as  indiscriminately  as  in 
the  South?  "Where  was  the  citizens'  property  confiscated 
without  compensation  for  the  alleged  uses  of  the  Govern 
ment,  as  it  was  in  the  South?  We  have  conversed  with 
Irish  Catholic  refugees  from  Georgia,  from  Arkansas,  from 
Alabama  and  other  Southern  States,  and  we  know  how 
they  were  stripped  of  their  money  and  their  clothes,  and 
cast  into  prison  when  they  refused  to  go  into  the  ranks  of 
the  Confederate  army.  Many  an  Irish  laborer  told  us  in 
the  hospitals  here  and  elsewhere,  that  when  the  war  broke 
out  in  the  South  and  tho  public  works  were  suspended, 
they  were  either  violently  conscripted,  or  had  to  enlist  or 
starve.  , 

Vie  do  not  adduce  these  facts  to  excite  unkind  feelings 
against  the  South,  but  to  put  to  shame  the  journalists  of 
the  North,  especially  Ihi'Fiwnifjn's  Journal  and  the  Aletro- 


Record,  of  Now  York,  who  instigated  our  too  con 
fiding  people  to  evil  words  and  deeds,  and  the  people  them 
selves  who  patronized  such  journalists  and  were  duped  and 
deceived  by  their  malignity. 

It  is  time-,  therefore,  now  that  the  election  is  past,  that 
all  (should  return  to  their  sober  second  thought,  and  that 
we  should  raily  round  the  constituted  authorities,  the 


]  "  powers  "  which  the  Apostle  commands  us  t '  "bey,  and 
thus  presenting  an  undivided  front  to  the  enemy,  re-estab 
lish  the  Union,  without  which  there  can  be  no  panacea, 
present  or  prospective,  for  the  ills  they  suffer.  The  South 
beholding  us  thus  of  one  mind,  will,  vre  devoutly  trust, 
hasten  to  make  peace,  and  we,  on  our  side,  will  show  them 
that  we  are  re;:dy  and  willing  to  make  greater  sacrifices 
for  peace  and  union  with  them  than  ever  we  made  for  war. 

The  Reverend  Clergy  will  please  recite  the  Litany  of  the 
Saints,  in  union  with  their  beloved  flock,  before  Maes,  re 
peating  three  times  the  two  prayers  for  peace,  and  the 
prayer  :  0  God,  who  by  sin  art  offended,  and  by  repentance 
pacified,  &c.  JOHN  B.  PURCELL, 

Archbishop  of  Cincinnati. 

CINCINNATI,  13th  A'or.,  1864. 

FRIEND  OH  QUAKER. 

YEABLY  MKETJNG  FOR  PENNSYLVANIA,  NEW  JER 
SEY,  DELAWARE,  AND  EASTERN  SHORE  OP 
MARYLAND,  1802. 

This  Address  was  adopted  : 

To  the  President,  Senate  and  House  of  Representatives  of  the 

United  States  of  America: 

At  the  yearly  meeting  of  Friends,  held  in  Philadelphia, 
for  Pennsylvania,  New  Jersey,  Delaware,  and  the  Eastern 
Shore  of  Maryland,  by  adjournment  from  the  twelfth  day 
of  the  fifth  month  to  the  sixteenth  of  the  same,  inclusive, 
Anno  Domini  one  thousand  eight  hundred  and  sixty-two, 

The  following  minute  was  read,  united  with,  directed  to 
be  signed  by  the  clerks,  and  forwarded: 

This  meeting  has  been  introduced  into  a  deep  concern 
relative  to  the  present  condition  of  our  country.  Our 
minds  have  been  directed  to  those  who  preside  over  our 
National  Government,  and  gratitude  has  been  felt  to  the 
Great  Ruler  of  Nations  that  he  has  so  far  moved  the  hearts 
of  these  that  they  have  decreed  tho  District  of  Columbia 
free  from  slavery.  We  earnestly  desire  that  the  Chief 
Magistrate  of  the  Nation  and  our  Congress  may,  in  this 
season  of  deep  trial,  humbly  seek  Divine  guidance,  that 
under  this  influence  they  may  act  for  the  cause  of  justice 
and  mercy,  in  that  wisdom  which  is  pure,  peaceable  and 
profitable  to  direct,  and  that  the  effusion  of  blood  may  be 
stayed. 

Signed  by  direction  and  on  behalf  of  the  meeting  afore 
said.  MARY  S.  LIPPINCOTT, 

Clerk  of  the  Women's  Meeting. 
WILLIAM  GRISCOM, 

Clerk  of  the  Men's  Meeting. 

YEARLY   MEETING,     1864. 

The  body  adopted  this  address  : 

To  the  President,  Senate  and  House,  of  Representatives  of  the 

United  States: 

This  Memorial  of  the  Representative  Committee,  or  Meet 
ing  for  Sufferings  of  the  Religious  Society  of  Friends, 
of  Pennsylvania,  New  Jersey,  Delaware,  and  adjacent 
parts  of  Maryland,  respectfully  showeth,  that 

We  respect,  honor  and  love  this  Government,  which  we 
believe  Divine  Wisdom  has  placed  over  us.  and  because  of 
this,  we  desire  that  it  may,  in  no  particular,  be  fimnd  striv 
ing  against  God,  or  persecuting  His  children,  however  hum 
ble  in  po&itiou  or  numbers  they  may  be. 

Under  the  present  law  of  Congress,  every  able-bodied 
citi/en  within  certain  ages,  in  time  of  war,  is  liable  to  be 
called  upon  by  the  Government  to  bear  arms  in  its  defence. 

We  represent  a  people  who  cannot  comply  with  this  law 
without  disobeying  the  command  of  God  to  them. 

Neither  can  they  furnish  a  substitute  or  pay  any  equiv 
alent  or  fine  imposed  for  exemption  from  military  service, 
because  in  so  doing,  they  feel  that  they  would  implicate 
themselves  in  a  violation  of  their  c  jnscientious  scruples  in 
this  respect. 

We  hold,  that  the  doctrine  that  human  governments  are 
ordained  of  God,  does  not  imply  the  infallibility  of  those 
who  administer  them,  and  gives  them  no  right  to  require 
us  to  violate  our  allegiance  to  tho  Almighty,  who  is  sover 
eign  Lord  of  conscience,  and  whose  right  it  is  to  rule  and 
reign  in  the  hearts  of  His  children. 

For  more  than  two  hundred  years  our  Society  has  held 
the  doctrine,  that  all  wars  and  fightings  were  forbidden  to 
them,  as  followers  of  Christ— differing  in  this  respect  from 
nearly  all  other  associations  of  men  claiming  the  Christian 
name. 

For  asserting  and  maintaining  this,  and  other  testimonies 
of  the  "Truth  as  it  is  in  Jesus,"  they  were  brought  under 
cruel  persecution,  enduring  the  despoiling  of  their  estates, 
incarceration  in  prisons  and  loathsome  dungeons,  and 
death. 

Through  this  long  season  of  darkness,  their  dependence 
was  upon  Divine  Power,  under  which,  their  patient  suffer- 


504 


APPENDIX. 


fnvor  of  those  in  author; t "e*~" —    santly    and    uncompromisingly  advocated    the 

For  the  free  enjoyment  of  civil  and  religious  liberty,  they     cause  °f  Union  and  Freedom  t  hroughout  the  lie- 
came  to  this  land,  to  seek  amongst  the  so-called  savages  of    public.      One  of  their  mini.«terf — Kev    William 
the  wilderness,  immunities  and  privileges  denied  th'-m  at 
tho  hands  of  a  professed  Christian  nation.     Here  William 
Penn  and  his  mends  planted  their  infant  colony,  and  proved 
the  efficac    of  tho  principle  of  Peace.    The  conflict  of  arms 
was  unknown,  and  history  bears  no  record  of  strife  between 
the  Indian  and  the  Friend. 

We  their  defendants,  now  approach  you,  not  alone  with 
a  view  to  shield  ourselves  from  suffering,  but  under  a  sense 
of  duty  to  God.  to  assert  tho  sacred  rights  of  conscience,  to 
raise  the  standard  of  tho  Prince  of  Peace  before  the  nation, 
and  in  His  name  to  ask  you  to  so  modify  the  law,  that  it 
shall  not  require  those  who  administer  it,  to  bring  u.ider 
persecution  innocent  men  for  obeying  His  commands— "Ye 
are  my  friends  if  ye  do  whatsoever  I  command  you."— 
•  W  nether  it  J>«  right  in  tho  sight  of  God  to  hearken  unto 
you  more  than  unto  God,  judge  ye." 

In  thus  defining  our  position,  we  enter  not  into  judg 
ment  or  condemnation  of  those  who  differ  from  us.  Wo 
appreciate  the  difficulties  that  surround  those  upon  whom 
rests  the  responsibility  of  guiding  the  nation  through  the 
awful  perils  of  civil  war. 

We  appeal  to  you  under  a  sense  of  suffering— afflictions 
and  mourning  surround  us,  and  sorrow  hath  lilled  our 
hearts. 

Many  of  our  young  men,  overcome  by  the  spirit  of  war, 
have  rushed  into  tho  conflict,  whore  some  of  them  have 
found  an  early  death;  seine  have  purchased  their  release 
from  the  draft  by  the  payment  of  money,  others  have  re 
mained  steadfast  to  their  faith  in  the  hour  of  trial,  thereby 
subjecting  themselves  to  the  penal  ty  for  desertion.  Trust 
ing  in  tho  mercy  of  our  Heavenly  Father,  we  desire  that 
lie  may  so  touch  your  hearts  and  understandings  with  His 
wisdom,  that  you  may  grant  our  petition. 

Signed  by  the  direction,  and  on  behalf  of  the  Committee. 
SAMUEL  PARRY,  Clerk. 

PHILADELPHIA,  1st,  mo.  22d  1SG4. 


defence 

the  preservatio 

.civilization,  agai 


UNITARIAN. 

CONFERENCE    OF    THE  WESTERN    UNITARIAN  ASSO 
CIATION,  HELD  AT  TOLEDO,  OHIO,  JUNE,  1863. 

June— The  body  met  at  Toledo,  Ohio,  and 
adopted  the  following  resolutions  : 

Whereas  our  allegiance  to  the  kingdom  of  God  requires  of 
us  loyalty  to  every  righteous  authority  on  earth;  there 
fore, 

tiesolced,  That  we  give  to  tin:  President  of  the  United 
States,  and  to  all  who  are  charged  with  the  guidance  and 
four  nation  iu  its  present  terrible  straggle  for 
>f  liberty,  public  order,  i.nd  Christian 
;t  tho  powerful  wickedness  of  treason 
and  ivbchion,  the  assurance-  of  our  cordial  sympathy  and 
steady  support,  and  that  we  will  cheerfully  continue  to 
share  any  and  all  needful  burdens  and  sacrifices  in  the 
hoiy  cause  of  our  country. 

i.  That  wo  hail  with  gratitude  and  hope  the  rapidly 
growing  conviction  among  tho  loyi:l  mass-js  of  our  coun 
trymen  that  the  existence  of  human  slavery  i.,  inconsistent 
with  the  national  safety  and  honor,  as  it"  is  inconsistent 
with  natural  light  and  justice,  and  that  wo  ask  tho  Gov 
ernment  a  thorough  aud  vigorous  enforcement  of  the 
poiicy  of  emancipation,  as  necessary  alike  to  military 
success,  to  lasting  peace,  and  to  the  just  supremacy  of  the 
Constitution  over  all  the  land. 

These  resolutions  are  in  harmony  with  the 
tone  of  Sermons,  Addresses,  and  Discussions, 
at  all  ihe  Annual  and  &emi-annual  meetings  of 
the  Unitarians,  since  the  war  began.  The 
central  body — the  "  American  Unitarian  Asso 
ciation," — by  rule  and  established  practice,  ab 
stain  from  organized  ecclesiastical  action. 
The  general  position  of  the  denomination, 
however,  is  well  known.  With  marked  una 
nimity,  its  leading  societies  and  ministers  have 
given  their  earnest  support  to  the  policy  of  the 
National  G  verument  respecting  Union,  Eman 
cipation,  and  Permanent  Peace.  The  accred 
ited  organs  of  the  denomination — the  Christian 
Examiner,  a  bi-monthly,  the  Monthly  Journal, 
the  Religious  Miscellany,  the  Christian  Regis- 


Henry  Channing — is  Chaplain  of  the  present 
House  of  Representatives.  38th  Congress.  For 
the  subjoined  interesting  facts  I  am  indebted 
to  Rev.  A.  Woodbury,  of  Providence,  R.  I.  : 

One  minister  of  the  Unitarian  Church  has  been  a  colonel 
of  a  colored  regiment ;  one  a  lieutenant  colonel  of  the  same ; 
one  a  captain  aide-do-camp;  two  lieutenants  in  the  line, 
one  of  whom  was  killed  in  battle;  one  a  corporal  and  two 
privates.  The  Church  has  furnished  forty  (40)  chaplains, 
two  of  whom  have  been  killed  in  action,  and  one  died  in 
the  service.  One  minister  is  a  secretary  in  the  office  of  the 
New  England  Educational  Commission.  Three  have  been 
engaged  in  teaching  tho  freedmen  of  South  Carolina  and 
Mis.sis.-ippi,  one  of  whom  contracted  si  fatal  disease  in  th.: 
course  of  his  labors.  The  Presidents  of  the  United  States 
Sanitary  Commission  and  the  Western  Sanitary  Commis 
sion  are  ministers  of  the  Unitarian  church.  One  is  asso 
ciate  secretary  of  the  United  States  Sanitary  Commission; 
another  is  secretary  of  the  Western  Sanitary  Commission, 
and  a  considerable  number  have  been  engaged  in  missionarv 
and  sanitary  labors  at  different  times  during  the  progress 
of  tho  war. 

Since  the  commencement  of  the  struggle  nineteen  tracts 
have  been  published,  entitled  as  follows:  The  Soldier's 
Companion  (a  book  of  song*  and  tune.*:)  The  Man  and 
the  Soldier;  The  Soldier  of  the  Good  Cn  ss  ;  The  Home  to 
the  Camp;  Liberty  and  Law,  a  poem  tor  the  hour;  The 
Camp  and  the  Field;  The  Home  to  th-s  Hospital:  a  Letter 
to  a  Sick  Soldier;  An  Enemy  Within  the  Lines  ;  Wounded 
and  in  the  Hands  of  the  Enemy:  Traitors  in  Camp:  A 
Change  of  Base;  On  Picket;  'ihe  Rebel:  To  the  Color: 
The  Recruit;  A  Few  Words  w  th  the  Convalescent:  Ihe 
Reconnoissance,  and  The  Reveille.  Twelve  of  those 'wej-<- 
written  by  Rev.  J.  F.  W.  Ware,  and  tin-  ivsiduo  by  R-,-v.  Dr. 
Geo.  Putnam,  Rev.  Messrs.  Woodbury,  Col  Iyer  nud  Winkley, 
and  Messrs.  Charles  E.  Norton  and  Elbridge  J.  Cutb-r.  Of 
these  no  less  than  49G,000  copies  had  been  distributed  up 
to  July,  1864,  at  an  expense  of  about  $8,000.  The  A<-sori- 
ation  has  also  sent  out  one  missionary  to  the  Ainiy  of  th" 
Potomac,  who  was  taken  prisoner  iu  the  performance  of  his 
duty,  and,  after  two  months'  confinement,  was  it-leased  on 
his  parole.  Other  ministers  have  visited  the  camps  and  the 
hospitals  at  different  times,  and  have  done  a  faithful  mis 
sionary  work  as  opportunity  and  strength  were  given  them. 
Arrangements  have  recently  been  made  for  the  more  ex 
tensive  distribution  of  Unitarian  publications  among  th'j 
armies  of  the  Republic.  To  the  amount  of  work  performed 
by  the  ministers  of  the  Unitarian  Church  are  to  be  added 
the  toils  and  sacrifices  of  the  laymen.  The  members  of  the 
Church  are  to  bo  found  in  all  grades  of  the  army,  from  the 
drummer-boy  to  tho  major  general,  and  among  the  officers 
and  sailors  of  the  navy  of  the  United  States. 


UNITED  BRETHREN. 

EAST      PENNSYLVANIA      CONFERENCE     OP      UNITED 
BRETHREN  IN   CHRIST,    18G3. 

March — The  body  adopted  these  resolutions  : 
Whereas  our  beloved  and  prosperous  country,  by  the 
hellish  intrigues  of  designing  aspirants  after  power  and 
gain,  is  now  deluged  by  one  of  tho  most  unholy  and  diabol 
ical  rebellions  that  ever  cursed  our  world,  thereby  endan 
gering  the  great,  good  principles  of  the  Government,  and 
threatening  to  overthrow  our  free  institutions,  and  the  de 
struction  of  our  blood-purchased  and  heaven-sanctified 
liberties ; 

And  whereas  there  appears  no   honorable  or  righteous 
element  of  power  in  our  hands  to  put  in  force  to  subdue 
treason  and  crush  rebellion  but   a   resort  to  arms;   and 
whereas  an  enlightened  and  christianized  people  may  em 
ploy  physical  force,  even  to  the  destroying  of  human  life, 
lor  tho  protection  and  preservation  of  its  subjects  and  the 
>T|M-tuation  of  its  own  existence,  as  we  have  in  the  follow- 
ig  quotation  from  the  Scripture  of  Truth  :  "  For  there  is 
no  power  but  of  God;  the  powers  that  be  aro  ordained  of 

•'  Whosoever,  therefore,  resisteth  the  powers  resisteth  tho 
ordinance  of  God,  and  they  that  resist  shall  receive  unto 


honisclvcs  damnation. 
works  but  to  the  evil." 


For  rulers  are  not  a  terror  to  good 
*     *     *    "For  he  is  the  minister  of 


ter    and 


the  Christian  Inquirer—  have   inces- 


L»od  to  those  ibr  good.  But  if  thou  do  that  which  is  evil  l*j 
ifraid:  for  he  bearoth  not  the  sword  in  vain,  for  he  is  th-9 
minister  o/Gon,  a  rtvenger  to  execute  vengeance  upon  him 
that  doeth  evil."  Therefore, 

Resolved,  1.   That  we  look  upon  the  action  of  the  so- 
iiamed  "Southern  Confederacy,"  from  lirst  to  last,  as  a 


APPENDIX. 


505 


record  of  the  most  hol'ish  inhumanity,  unrighteousness 
and  harbarity  over  known  iu  the  records  of  the  nations. 

:.'.  Th:>t  we  look  upon  th>-  -.fibr-ti  of  Northern  Copperheads 
to  aid  Southerp  miscreant."  ir.  their  nefarious  work  to  over 
throw  our  Government,  as  beinf?  Tjnworrhy  the  protection  j 
c;  the  Stars  and  Stripes,  -vi  tr.a  »yts;jttthy  of  any  true,  loyal  | 
Ban. 

I.  That  we  do  moet'loteiir.in-  iiy  Condemn  the  assertions 
Of  unholy,  disloyal,  foul- mouthed  and  designing  politicians, 
that  ministers  of  the  Gospel  ar»  the  cause  of  the  present 
rebellion. 

4.  That  our  devout  sympathies  are  with  the  thousands  of  | 
our  fellow-citizens  who  are  enduring  the  privations,  suffer 
ings  aud  dangers  of  the  anny,  and  also  for  their  famine 
and  friends  at  home,  and  that  wo  will  continue  our  earnes 
petitions  to  G  d  in  their  behalf. 

5.  That  we  believe  God,  in  his  divine  providence,  has  pu 
Abraham  Lincoln,  the  proper  man  in  Vhe  right  place,  th 
Presidential  chair,  and  that  wo  endorse  his  every  effort  t 
rid  the  country  of  the  most  heaven  daring  of  all  evils  am 
sins — human  slavery. 

6.  That  we  continue  to  offer  to  God  our  sincere  prayer 
for  our  President,  that  he  may  be  sustained  in  his  grea 
ai:d  arduous  duties  by  divine  power,  and  that  every  loya 
h-  :rt  may  beat  with  warmest  sympathies  for  him,  and  tha 
beuven  may  mercifully   hold    his  heart  in   his   al  mi-lit' 
hand. 

7.  That  we  believe  that  the  deep-seated,  unnatural,  in 
human,  unchristian,  and  causeless  hatred   to  the  colorei 
race,  should  and  must  cease  to  render  our  nation  acceptabl 
to  Cod. 

8.  That  we  will  endeavor  to  make  judicious  and  Christian 
efforts  in  our  different  fields  of  labor,  publicly  and  pri 
vatcly,  to  collect  funds  to  send  missionaries  and  teachers 
among  the  now  free,  and  yet  to  be  freed,  colored  people. 

0.  'i'aiiT  we  ay>p!M-.v  heartily  the  course  of  Governor  Cur 
tin  ia  his  cxcrtiona  i;>  aid  the  General  Government  in  sub 
duing  the  prcs'.v.t  cursed  rebellion,  and  in  his  efforts  to 
wive  our  Slate  from  tho  fierce,  fiery  tread  of  traitorous  op- 
prossora  anrl  cut-tin  oats;  and  that  we  hurl  back  with  con 
.•nrpfc  the  assailing  of  his  actions  by  Northern  rebels  ii 
tue  pres..-  or  private  conversation. 

0.  Tint  a  copy  of  the  foregoing  preamble  and  resolu 
tion.-;  be  t;:krn  to  President  Lincoln,  by  Bi.shop  Markwood, 
assuring  him  that  there  is  unwavering  and  deeply-rooted 
loyal  t\  glowing  in  the  hearts  of  the  members  of  this  Con- 
foreiice,  and  the  people  whom  they  represent. 


UNIVEBSALIST. 

GENERAL    CONVENTION     OF    UNIVERSALISTS,     1861. 

September  17— The  body  met  in  New  York. 
September  19— The  Report  of  the  Committee 
on  the  StcVe  of  the  Country — llevs.  L.  C. 
Browne,  A.  St.  John  Cliambre,  and  Mr.  Dean 
Clapp — after  being  amended  to  read  as  follows, 
was  unanimously  adopted : 

Whereas,  Our  country  is  now  unfortunately  involved  in 
a  war  occasioned  by  an  unwarrantable  and  atrocious  rebel 
lion  against  its  government  constitutionally  chosen  and 
the  success  of  which  would  jeopardize  the  cause  of  civil 
and  religious^freedom  throughout  the  world;  therefore, 

JRcsnhed,  That  we  hereby  express  our  earnest  symna'thv 
with  our  rulers  in  this  their  hour  of  trial;  with  our  coun 
trymen  in  arms  for  the  defence  of  our  institutions  and 
with  the  ministers  of  our  own  and  other  Christian  orders 
who  are  called,  in  the  Providence  of  God,  to  administer 
the  if-liP  monition  und  conflation  in  the  camp  and  on 

2.  That  we,  as  a  denomination,  pledge  our  earnest  labors 
our  pecuniary  means,  and  our  heartfelt  prayers  for  the 
success  ol  the  Federal  arms,  the  defeat  of  this  unnatural 
rebellion,  and  the  speedy  return  of  an  honorable  peace 
and  the  prosperity  that  has  crowned  us  as  a  United  ^atii.n 
in  the  past. 

A  resolution  offered  by  Rev.  G.  L.  Demarest 

of  Chip — out  not  published  in  the  Minutes 

wa;    discussed  and    tabled,    and    re- discussed 
and  re-tabled. 

GENERAL  CONVENTION  OF  UNIVERSALISTS,  1862. 

September  16— The  body  met  at  Chicago  — 
Rev.  J.  S.  Dennis  of  Iowa,  Rev.  C.  W.  Diddle  of 
New  Jersey,  and  Rev.  A.  W  Bruce  of  Massa 
chusetts,  were  appointed  a  Committee  on  Busi- 


Scptember  17 — Mr.  Dennis  reported  the  fol 
lowing  preamble  and  resolutions: 

"Whereas  our  country  is  still  aftlicted  by  the  bloody  strife 
that  has  been  precipitated  upon  us ;  and  whereas  we  esteem 
it  tho  duty  of  every  loyal  citizen,  especially  those  iv-.i'-e- 
senting  the  moral  and  Christian  sentiment  of  the  land',  to 
declare  fealty  to  the  Government,  in  this  hour  of  its  peril. 
und  to  uphold  the  hands  of  those  in  authority  over  r;s  • 
therefore, 

Resolved,  That  while  in  our  judgment,  we  must  accept 
the  existing  htrife  as  the  natural  and  inevitable  penalty 
of  our  national  infidelity  to  our  republican  p.-inciplet-,  und  (if 
our  attempt  to  reconcile  freedom  and  slavery  (which  are 
essentially  irreconcilable,)  wo  renewedly  express  our  faith 
in  the  justice  of  our  cause  and  in  the  certainty  ..four  final 
triumph;  and  renewedly  tender  to  the  President  and  his 


^  «  '        •'  -"-"J        ••*  »      vvf    tiiVv      A  H.  Oimriit      HUH      1113 

Constitutional  advisers,  the  assurance  of  our  sympalhvs 
amidst  the  great  responsibilities  of  their  portion;  and  of 
our  hearty  support  in  all  proper  and  efiicient  efibrts  to  sup 
press  this  atrocious  rebellion. 

Resolved,  That  we  gratefully  record  our  appreciation  of 
the  patriotism  of  our  pewple,  and  of  the  valor  and  heroism 
of  our  soldier:;;  and  that  while  we  honor  those-  who  have 
relinquished  the  charms  of  home,  an4  offered  lil-e  as  a  Vic- 
rifice  lor  our  country,  we  invoke  God's  blowing  upon  them 
amidst  the  exposures  of  war,  and  ;>sk  His  comVorting  grace 
for  the  homes  that  have  thus  been  darkened,  and  for  tha 
hearts  that  the  casualties  of  battle  have  bereaved. 

Resolved,  That  wo  have  occasion,  amidst  tho  events 
through  which  we  ar*  passing,  to  be  deeply  impressed  with 
the  reality  of  God's  moral  rule,  and  to  learn  anew  the  les 
son,  that  neither  nations  nor  individuals  can  safely  defy 
His  law,  nor  hope  to  t-seupo  from  the  iuexoraWo  ordinance 
that  sinners  must  eat  of  the  fruit  of  their  doings. 

Afternoon  Session— Rev.  T.  T.  Goodrich,  of 
New  York,  moved  to  strike  out  the  words,  "  and 
uf  our  attempt  to  reconcile  freedom  and  sla 
very,  (which  are  essentially  irreconcilable)  •" 

whijh  was  lost. 

On  motion  of  Mr.  L.  J.  Fletcher,  the  report 
was  re-cornmitted — yeas  17,  nays  16. 

September  18— Rev.  C.  W." Diddle,  of  New 
Jersey,  offered  the  following  : 

Whereas  our  beloved  country  is  still  afflicted  with  a 
bloody  civil  war,  and  a  determined  foe  is  striving  to  usurn 
the  authority  of  the  Central  Government  in  a 'portion  of 
the  land ;  and  whereas,  it  is  the  duty  of  all  loyal  citizens 
and  organizations  to  acknowledge  the  blessings  of  «-ood 
Government,  and  to  support  the  rulers  of  the  nation-  and 
whereas  we  are  deeply  interested  i:i  the  present  contest  be 
tween  our  country  and  its  ft»es  :  therefore, 

Resolved,  1  hat  we  re-affirm  onr  devotion  to  the  cause  of 
the  nation,  in  this  hour  of  its  pain  and  peril:  that  we  re 
gard  as  second  only  to  the  cross  of  Christ  the  glorious 
banner  of  the  country;  that  we  look  on  it,  in  this  Strife  as 
the  emblem  ot  constitutional  government  and  (he  symbol  of 
nir  national  unity  and  life. 

Resolved,  In  the  words  of  Washington,  "That  the  unity 
ot  government  tint  constitutes  us  one  people,  is  tho  nviin 
Jillar  ot  our  political  independence  and  that  the  union  of 
these  States  under  one  Constitution  and  Governme-it  and 
:he  maintenance  of  our  republic,  is  the  hope  of  the  on- 
H-essedof  all  nations;"  that  we  find  in  dissoJuiion  tho 
eedsof  future  and  indefinite  conflict:  and  that  the  arm 
-'f  the  nation  must  be  stretched  forth  till  the  rebellion  is 
nit  down. 

Resolved,  That  we  tender  to  the  President  of  the  United 

States  our  sympathy  in  liis  efforts  {,1  maintain  the  ime-nitv 

r  t^e.<JOTerm"l'ut:  »"d  pray  that  by  A  vigorous  exercise 

>1  nil  the  energies  of  the  nation,  victory  may  p-rch  upon 

nir  banner  and  peace  be  speedily  restored  to  tl.o  land 

Resolved,  lhat  we  implore  tho  blessing  of  ,Mmi«-litv  God 
n  our  Army  and  Navy,  that  they  may  be  preserved  in  limo 
t  battle  and  triumph  in  every  contest;  and  that  we  humbly 
ray  we  may  learn  from  these  heavy  chastisements  under 
irnicb  we  are  passing,  that  there  is  a  God  that  jud-eth  in 
he  earth,  aud  that  only  righteousness  can  exalt  a  nation. 

Rev.  J.  T.  Goodrich  moved  its  adoption. 
Rev.   L.  J.  Fletcher  moved  as  an  amendment 
he  adoption  of  the   preamble  and  first  reso- 
ution. 

Hon.  G.  I.  Parsons  of  Michigan  moved  to 
-ay  ibe  report  on  the  table  ;  which  was  lost- 
yeas  9,  nays  14.  He  then  moved  the  su<.  sti- 
tution  of  the  preamble  and  resolutions  of  yes- 


506 


APPENDIX. 


terday's  report;  which  was  agreed  to — yeas 
20,  nays  9,  as  follows  : 

.  YEAS—  Clerical :  A.  W.  Bruce  of  Massachusetts,  0.  H. 
Fay  (»f  Rho.-le  Island,  E.  CJ.  Brooks  of  New  York,  G.  W. 
Montgomery  of  New  York,  D.  Bacon  of  Pennsylvania, 
Mill-ion  Crosley  of  Ohio,  W.  J.  Chaplin  of  Indiana,  II.  F. 
Miller  of  Indiana,  A.  G.  Ilihbard  of  Illinois,  .James  Gorton 
of  Michigan,  J.  S.  Dennis  of  Iowa,  G.  W.  Lawrence  of 
Wisconsin — 12.  Lay:  Dennis  Britain  of  Vermont,  J.  W. 
Fairbanks  of  Massachusetts,  J.  A.  Darling  of  Rhode  Inland, 
Isaac  Tinkey  of  New  York,  Aaron  D.  Miller  of  Indiana, 
John  Houston  of  Indiana,  Paul  B.  King  of  Illinois,  Hon. 
Alfred  Knowlcs  of  Illinois,  A.  G.  Throop  of  Illinois,  lion. 
G.  1.  Parsons  of  Michigan,  lion.  W.  A.  Robinson  of  Michi 
gan,  ('.  11.  Wright  of  Iowa,  II.  M.  Buttles  of  Wisconsin,  N. 
il.  lleminpof  Minnesota— 14.  Total,  26. 

NAY. — Clerical:  L.  I.  Fletcher  of  Massachusetts,  C  W. 
Diddle  of  New  Jersey,  George  Messenger  of  Ohio,  J.  P. 
Weston  of  Illinois,  J.  T.  Goodrich  of  New  York— 5.  Lay  : 
Benjamin  Kellcy  of  .Vaine.  Minot  Tirrell  of  Massachusetts, 
Jehu  Osboru  of  Massachusetts,  P.  P.  Demarest  of  New 
York— 4,  Total,  9. 

The  report,  of  17th  made  by  Mr.  Dennis,  was 
then  adopted,  as  substituted,  yeas  28,  nays  7. 
Same  as  t  ofore,  except  that  Revs.  Mr.  Fletcher 
and  Mr.  Weston  changed  from  nay  to  aye. 

GENERAL    CONVENTION    OF    UNIVERSALISTS,     1863. 

September  15 — The  body  met  in  Portland, 
Maine. 

September  17 — The  Business  Committee — 
Pii-vs.  J.  G.  Bartholomew,  H.  R  Walworth, 
and  A.  Battles — reported  these  resolutions: 

Whereas  the  General  Convention  of  Universalists  in  the 
United  States  of  America,  has  ever  been  distinguished  for 
its  loyalty  to  Government  and  its  devotion  to  the  principles 
of  freedom  and  humanity;  therefore, 

l?c.fir;le<  d,  That  in  this  time  of  national  peril,  when  the 
wicked  hands  of  a  blood-thirsty  rebellion  have  been  raised 
to  strike  a  death-blow  at  the  Constitution  and  the  laws  ol 
the  laud,  and  overthrow  the  liberties  of  every  citizen,  we 
recognize  the  merciful  hand  of  Providence  in  the  constant 
and  zealous  loyalty  of  tiie  great  majority  of  our  people,  as 
well  as  in  the  victories  which  have  recently  crowned  our 
arms;  and  while  we  still  appeal  to  our  rulers  and  the 
people  not  to  abate  their  vigor  in  prosecuting  the  war 
until  the  rebellion  is  effectually  subdued,  we  yet  feel  that 
our  trust  must  be  in  God,  who  alone  can  give  us  permanent 
triumph. 

'2.  'i hat  we  renew  our  expressions  of  Christian  fidelity 
and  loyalty  to  the  Government,  and  reaffirm  our  confidence 
in  our  Chief  Magistrate,  whoso  honesty  of  purpose  stands 
unim peached;  and  that  wo  recognise  in  his  Proclamation 
of  January  1st.  18C3,  a  carrying  out  of  the  injunction 
of  Scripture  to  "break  every  yoke  and  let  the  oppressed 
go  free." 

o.  That  we  recognize  the  \fisdom  which  prompted  our 
fathers  in  their  struggle  for  National  Independence  to  arm 
the  negro  in  securing  our  freedom,  and  ar«  sanguine  in 
the  belief  that  a  similar  policy  adopted  at  this  time,  which 
shall  c:ill  (he  blacks  to  share  with  the  whites  in  the 
perils  and  sacrifices  of  our  present  struggle,  and  secure  to 
thorn  the  blessings  of  a  common  freedom,  will  be  equally 
effectual  hi  re-establisl'.ing  order  among  us,  and  striking  at 
the  root  of  this  cruel  rebellion,  "so  that  when  peace  comes, 
it  will,  come  so  ax  to  stay,  and  be  a  peace,  worth  /taring." 

4.  That  Mie  President  of  this  Council  b<-  instructed  to 
forward  to  the  President  of  the' United  States  a  copy  of 
these  resolutions. 

The  first  resolution  was  adopted.  On  the 
second,  the  vote  was  : 

YEAS—  Clerical:  A.  Battles,  F.  A.  IIodsclon,B.  F.  Bowles, 
Eli  Uallou,  T.  R.  Spencer,  J.  S.  Barry,  Benton  Smith,  A. 
M.  Rhodes,  Thomas  Bordcn,  II.  Blanchard.  C.  W.  Tomlin- 
son,  II.  11  Walworth,  Richard  Kdd.\— - J3.  Ltd/:  Hon. 


NAYS  —  CL'.rical:  G.  L.  Domarost  and  George  Messe!ii:>  . 
-f  Ohio— -2.  Lay:  David  Tichenor  of  New  Jersey— 1. 
Total,  3. 

The  remaining  resolution*  were  adopted 
without  division. 


GENERAL    CONVENTION     OF    UKIYERSALISTS,     1864. 

September  20— The  bo-?y  met  in  Concord. 
N.  H. 

September  21 — Tbs  report  of  the  Committee 
on  the  State  of  the  Country — J.  V.  Wil«on  of 
Conn.,  P.  B.  Ring  of  ":.  and  Revs.  M.  Good 
rich  of  R.  I.,  Richard  Eddy  of  Penn..  L  J. 
Fletcher  of  N.  Y  ,  and  J.  M.  Usher  of  Muss.,— 
was  unanimously  adopted,  as  follows  : 

Whemis  the  fearful  war  with  which  our  nation  has  been 
scourged  for  years  still  continues,  and  makes  additional 
demands  on  our  courage,  energy,  patience  and  faith;  th-.ro- 
fore 

Resolved,  That  we  recognize  in  it  the  punishment  of  our 
people  for  their  persistent  arrogance  and  oppression.  We 
can  not  therefore  hope  for  the  return  of  peace  through 
efforts  to  rivet  anew  tho  chains  of  the  bondman,  or  to  p-r- 
pctuate  the  former  glaring  inconsistencies  between  our 
professions  of  love  for  liberty  and  tho  support  of  slavery. 

2.  That  while  we  deplore  the  bloodshed,  costliness  and 
agonies  of  war,  and  earnestly  pray  for  peace,  we  yet  dci-ui 
a  cessation  of  hostilities  which  leaves  it  unsettled  whether 
treason  is   to  be  rebuked  or  petted  and  f.mdled,  a  .Ic'lusi-.'i 
and  a  snare.   If  followed  by  attempts  to  bribe  traitors  tu  r  - 
turn  to  a  nominal  allegiance  by  the  promise  of  Mincnderiug 
to  their  vengeance  two  hundred  thousand  colored  men,  who 
are    now  bravely   battling  in  our  armies  for  Union  and 
order,  it  would  show  such  dastardly  periidy  in  our  Govern 
ment,  as  would  call  d.-swn  on  our  nation  the  stern  displea 
sure  of  a  righteous  God.  and  condemnation  from  all  good 
men;  such  at  temp  t3  would  sound  the  knell  of  our  Union, 
the  shipwreck  of  our  country. 

3.  That  while  we  gratefully  accord  tho  meed  of  prai*?  to 
Grant,  Sherman,  and  their  brave  ;  ssociate.s  in  co:>n:i;!iid  on 
the  land,  and  to  i'arragut,  Strlngham,  Pert  cr,  and  the- other 
noble  commanders  on  the  sea,  for  their  valor  and  dtill.  we 
desire  to  place  on  record  our  admiration  for  ami  gratitude 
to  the  common  soldiers  and  sailors,  who.  wit 'i  little  hope 
of  distinction  and  fame,  have  cheenully  periled  their  iivt-s 
for  country  and  humanity.   While  so  many  are  found  ready 
to  serve,  as  well  as  to  be  served,  to  follow  as  well  as  to 
lead,  we  will  not  despair  of  the  Republic. 

4.  That  while  we  recollect  that  it  was  not  alone  by  the 
.sword  of  Joshua,  but  also  by  the  uplifted  arm  of  Moses, 
that  Israel  prevailed  over  Ainalek  of  old,  we  recognize  tho 
power  of  earnest,  trustful  prayer.     Most  reverently,  there 
fore,  will  we  continue  to  supplicate  the  God  of  8«bbtiOtb, 
that  justice  and  equity  may  be  done  in  ouriaud;  that  a u- 
archy  and  misrule  may  bo  checked;    that  righteousness 
may   triumph,  and   peace  speedily  return;  and   that   the 
Lord  God  may  lift  his  face  upon  us  and  bless  us. 


YOUNG    MENS'    CHRISTIAN    ASSOCI 
ATIONS. 

NATIONAL  CONVENTION  OK  YOUNG  MEN'S  CHRIS 
TIAN  ASSOCIATIONS  OF  THE  UNITED  STATES  AND 
THE  BRITISH  PROVINCES,  18G3. 

May — The  body  met  in  Chicago.  Delegates 
were  present  from  rno  t  of  the  Northern  States, 
the  District  of  Columbia,  Canada  and  England. 
The  Association  was  presided  o  er  by  George 
H.  Stuart,  of  Philadelphia,  and  passed  the 
following  res  lutious  : 

Resolved,  That  we  hereby  reaffirm  our  unconditional  loy 
alty  to  tho  Government  of  the  United  States,  and  osir  de 
termination  to  ulTord  every  required  and  Christian  aid  for 
tho  suppression  of  tho  infamous  rebellion. 

Rcsoirrd,  That  we  are  gratified  by  the  steps  already  taken 
by  the  Administration  for  the  removal  of  the  great  sin  of 
slavery — "the  sum  of  all  villanios'' — and  must  express  our 
candid  conviction  that  the  war  will  last  so  long  as  its  cause 
morally  exists,  and  that  when  we  as  a  nation  do/M/fy right, 
God  will  not  delay  to  give  success  to  our  arms. 

Resolved,  That  it  is  no  time  to  confound  liberty  with  law 
lessness.  Wo  cherish  the  dearest  boon  of  freedom  with  jr-a 
lous  vigilance,  but  remember  that  true  freedom  can  only 
continue  under  restraints,  and  exist  at  all  as  guarded  by 
law. 

Resohvd,  That  neither  is  this  a  time  for  doubtful,  timid 
measures.  The  counsels  of  time-serving,  eel  ('-seeking,  in 
consistent  politicians  are  not  to  be  heeded:  but  the  loud 
voice  of  the  loyal  people,  the  heroic  demands  oJ>ur  teeming 
volunteers,  and  the  vigorous  measures  of  unselfish  and  un 
compromising  generals  are  to  be  respected  by  those  tvlui 
rulo  over  us. 


APPENDIX. 


507 


J2e •//»«/,  That  \ve  remember  with  honest  gratitude  the 
noble  aijcl  immense  work  accomplished  by  the  Young 
Men's  Christian  Association  of  our  land,  and  the  sanitnry 
and  spiritual  fields  opened  up  by  the  providence  of  God  for 
our  willing  hearts  and  hands,  and  pledge  that  we  will  con 
tinue  to  pray  for  our  army  and  navy  and  to  meet  their 
wants  in  the  future  with  greater  fidelity,  if  possible. 


THE  AMERICAN"  BOARD  OF  FOREIGN 

MISSIONS. 

October,  1864— At  the  recent  meeting  of  the 
Board  in  Worcester,  Massachusetts,  Rev.  Albert 
Barnes  was,  by  unanimous  vote,  granted  leave 
to  present  a  series  of  important  resolutions 
without  the  reference  of  the  same  to  a  special 
committee.  The  preamble  and  resolutions  are 
as  following: 

Whereas  this  Board  is  called  upon  to  conduct  its  opera 
tions  at  an  important  crisis  of  our  country,  the  result  of 
which  must  materially  affect  the  missionary  cause  in  ti 
to  come ;  and 

Whereas  this  Board  has  on  former  occasions  expressed  its 
sense  of  the  system  of  slavery  in  our  country,  which  lies  at 
the  foundation  of  the  present  effort  to  overcome  our  civil 
institutions  and  to  establish  a  separate  government  in  our 
land ;  and 

Whereas  the  missionaries  of  this  Board  have  with  entire 
unanimity  expressed  their  interest  in  the  cause  of  the 
country  in  its  endeavors  to  maintain  the  Government,  and 
have  freely  givon  their  sons  to  the  defence  of  the  nation  in 
its  present  crisis ;  therefore 

Resolved,  1st.  That  this  Board  receives  with  affectionate 
sympathy  these  expressions  of  the  interest  thus  manifested 
hy  those  in  its  service,  and  the  sacrifices  thus  made. 

Resolved,  2d.  That  in  connection  with  the  purpose  to 
spread  the  Gospel  through  the  world,  the  results  of  the 
contest  on  the  cause  of  missions,  and  in  view  of  diffusing  a 
religion  that  will  be  everywhere  adapted  to  sustain  just 
civil  government  and  the  principles  of  liberty,  and  that 
shall  tend  to  deliver  the  world  from  the  oppression  of  sla 
very,  as  well  as  in  the  relation  of  its  members  to  the  Gov 
ernment  of  this  land,  and  their  duty  to  sustain  that  Gov 
ernment, — this  Board  expresses  its  hearty  sympathy  in  the 
efforts  to  suppress  the  rebellion,  and  gratefully  acknowl 
edges  the  divine  interposition  in  the  successes  which  have 
attended  the  arms  of  the  nation,  as  an  indication  that  we 
shall  again  be  one  people,  united  under  one  glorious  Con 
stitution,  united  in  our  efforts  to  spread  the  Gospel  around 
the  world. 

The  resolutions  were  seconded  by  Rev.  Dr.  Brainerd,  of 
Philadelphia,  and  unanimously  adopted,  the  audience  rising 
en  masse  and  spontaneously  singing 

My  country,  'tis  of  thee, 
Sweet  land  of  liberty,  &c. 


UNITED    PRESBYTERIAN. 
The  following  arrived  too  late   for  insertion 
in  their  proper  place,  page  474: 

GENERAL  ASSEMBLY  OP  THE  UNITED  PRESBYTE 
RIAN  CHURCH,  1863. 

May  27— The  body  met  in  Xenia,  Ohio. 

June  4 — The  report  of  the  special  Commit 
tee  on  the  ':  freedmen  of  our  Southern  States  " 
— Revs.  G.  C.  Vincent  J.  B.  Johnston,  John 
Van  E».ton,  and  Elders  William  Walker  and  D. 
Mitchell — was  adopted,  as  follows  : 

That  in  the  interests  of  the  United  Presbyterian  Church 
a  Board  be  created  for  this  special  purpose,  and  that  the 
following  Constitution  be  adopted  with  a  view  to  secure 
the  objects  contemplated  : — 

OON.-TITLTIOX  OF  THE  BOARD  OF  MISSIONS  FOR  THE  FREEDMKX 
OF  TIIF.  sorni. 

I.  There  shall  be  a  Board  of  Missions  for  the  Freedmen, 
to  be  appointed  by  and  amenable  to  the  Assembly. 

II.  It  shall   consist  of  nine  members,   who  shall   hold 
their  office  three  years,  and  five  of  whom  shall  constitute 
a  quorum.     Of  those  first  chosen  three  shall   go  out  of 
office  annually  in  the  order  of  their  names;  and  thereafter 
three  shall  annually  be  elected  by  the  Assembly. 

III.  The  Board  shall  be  located  in  the  City  of' Allegheny. 

IV.  The  Board  shall  meet  quarterly,  and  as  muchof'tener 
as  necessary;  and  shall  hold  its  first  meeting  on  the  4th  of 
July,  1SC3,  at  ten  o'clock,  A.  M  ,  in  the  Second  Church. 


V.  Tho  Board  shall  have  power  to  fill  any  vacancies 
1  occurring  therein  during  the  year,  and   shall  be  stvled.. 
;  "The  Board  of  Missions  of  the  United  Presbyterian  Church 

of   North   America,   for  the  Freedmen  of   our   Southern 
j  States." 

VI.  To  this  Board  shall  be  intrusted,  with  such  direction* 
and  instructions  as  m;iy  from  time  to  time  be  given  by 
the  Assembly,  the  superintendence  of  the  Freedmen   Mis 
sionary  operations  of  the  Church. 

VII.  The  Beard  shall  make  to  the  Assembly  an   annual 
report  of  its  proceedings,  its  condition,  and  its  needs,  and 
shall  submit  for  approval  such  plans  and  measures  as  may 
be  deemed  necessary  or  useful . 

VIII.  To  the  board  shall  belong  the  duty,  though  not 
the  exclusive  right,  of  nominating  and  appointing  Mission 
aries  and  Agents,  and  of  designating  fi.-lds  of  labor :    to 
them  shall  belong  the  duty  of  receiving  the  reports  of  tin? 
Corresponding  Secretary;  of  giving  him  needful  directions 
in  reference  to  all  matters  of  business  and  correspondence 
intrusted  to  him  ;  of  preparing  for  the  Assembly  estimates 
of  all  appropriations  and  expenditures  of  money;  and  of 
taking  the  particular  direction  and  oversight  of  the  Freed- 
meu's  missionary  work,  subject  to  the  revision  and  contr  >1 
of  the  Assembly. 

IX.  All  property,  houses,  lands,  tenements,  and  perma 
nent  funds  belonging  to  the  Board,  shall  be  taken  in  the- 
name  of  the  Trustees  of  the  Assembly,  and  held  in  trust 
by  them  for  the  use  and  benefit  of  ''The  Board  of  Missions 
of  the  Unitf-d  Presbyte'ian  Church  of  North  America  for 
the  Freedmen  of  the  South." 

X.  The  Board  shall  have  power  to  enact  its  own  By-Laws. 

XI.  This  Constitution  shall  not  be  changed,  unless  by  a 
vote  of  two-thirds  of  the  General  Assembly  prenent  at  any 
of  its  sessions,  of  which  notice  shall  be  given  at  least  one 
day  previously. 

XII.  The  Board  shall  submit  an  abstract  of  it*  condition, 
proceedings,  wants,  and  plans,  to  the  several  Synods  of  the 
Church  at  their  annual  meetings. 

As  some  Presbyteries  have  already  taken  action  upon  this 
subject,  and  have  agencies  on  the  field,  your  committee 
recommend  the  following  resolutions  : 

Revived,  1.  That  the  doings  of  the  Presbyteries  of 
Wheeling,  Muskingum,  Chartiers,  and  1st  Presbytery  of 
Ohio,  be  recognized  and  approved,  and  after  the  organiza 
tion  of  this  Board  it  shall  bo  the  duty  of  these  agencies  to 
report  their  doings  and  resources  to  said  Board. 

Resolved,  2.  That  such  Presbyteries  as  may  prefer  it  are- 
hereby  authorized  to  select  their  own  mission  field,  pro 
cure  their  own  laborers,  and  conduct  their  missions  in 
their  own  way,  provided  that  they  report  to  the  Board  the 
location  of  their  respective  fields,  the  laborers  employed 
and  the  amount  of  funds  collected  and  disbursed. 

Your  committee  would  recommend  the  following  persons 
as  members  of  the  Board  of  Missions  to  the  Freedmen  of 
the  South  : 

Revs.  J.  B.  Clark,  Charles  A.  Dickey,  .1.  W.Unine,  .1.  G 
Barnes,  W.  J.  Reid,  G.  C.  Vincent,  and  Messrs.  John  Dean,. 
James  Robb  and  James  Mitchell,  with  power  to  fill  va 
cancies. 

GENERAL      ASSEMBLY      OF      THE     UNITED     PRESBY 
TERIAN    CHURCH,    1864. 

May  25— The  body  met  in  Philadelphia. 

June  2 — The  following  report  of  the  Com 
mittee  on  Bills  and  Overtures — Revs.  S.  Wilsonr 
D.  D.,  S.  Wallace,  William  Davidson,  Wm.  M. 
McElwee,  D.  D.,  and  Elders  Jno.  Dean,  H.  War- 
nock,  Thomas  McAlister — was  adopted  : 

The  Committee  on  Bills  and  Overtures  beg  leave  to  re 
port  on  three  papers  submitted  to  them  by  the  Assembly  ; 
the  first  from  G.  D.  Henderson  and  S.  Collins ;  the  2d  front 
S.  Wilson  and  A.  M.  Elliott;  and  the  3d  from  S.  Livingston 
and  W.  M.  McElwee,  as  follows  : 

I.  The  paper  of  G.  D.  Henderson  and  S.  Collins  asks  for 
;he  appointment  of  a  committee  to  prepare  an  address  to 
President  Lincoln,  Secretary  Stanton,  and  Lieut.  General 
Grant,  embodying  the  following  items  : — 

1st.  An  assurance  of  the  deep  sympathy  and  earnest  co 
operation  of  this  Assembly  and  of  the  people  whom  w& 
represent,  with  the  Government  in  its  present  trials  and 
worthy  efforts  to  maintain  the  principles  on  which  it  i* 
jased. 

2<l.  The  great  satisfaction  we  have  enjoyed  in  observing 
;heir  recognition  of  the  facts—"  that  God  alone  can  organise 
rictory,"  "that  we  need  the  Divine  favor,"  anil  that  we  are 
warranted  to  expect  this  favor  only  in  the  way  of  a  dutiful 
-egard  to  His  will  as  Governor  among  the  nations. 

3d.  An  assurance  that  we  gladly  recognize  this  favor  iu 

he  successes  which  have  attended  the  movements  of  our 

1  armiufl  on  the  Potomac  and  iu  Georgia,  and  that  it  is  only 


508 


APPENDIX. 


in  the  continuance  of  this  favor  that  we  can  hope  for  final 


That  an  address  of  the  nature  contemplated  in  the  paper 
of  these  brethren  should  go  forth  from  this  Assembly,  it 
appears  to  your  Committee,  is  highly  proper.  We  therefore 
recommend  for  adoption  the  following  resolution,  viz: 

Rcit'ilced,  That  a  Committee  bo  appointed  to  prepare,  at 
their  earliest  convenience,  an  address  such  as  the  paper  of 
these  brethren  contemplates,  and  forward  it  to  President 
Lincoln  and  his  Cabinet. 

II.  The  paper  of  S.  Wilson  and  A.  M.  Elliott  asks  that  a 
•Committee  be  appointed  to  report  whether  any,  and  if  so, 
•what  advice  should  bo  tendered  by  this  Assembly  to  our 
.National  Executive,  touching  the  morality  of  retaliation  as 
a  means  of  preventing  the  continuance  of  the  cruelty  and 
barbarity  which  has  been  practiced  upon  our  soldiers  by 
our  rebel  enemies.     As  this  paper  was  presented  under  the 
impression  that  President  Lincoln  was  heaitaling  on  the 
question  of  retaliation,  your  Committee  think  uo  action  is 
needed  in  the  premises  by  this  Assembly,  as  we  have  been 
informed  that  the  President  has  already  decided  the  course 
to  bo  pursued  by  him,  and  that  retaliation  i.s  being  already 
practised  to  some  extent  by  the  Union  army.     We  there 
fore  recommend  that,  this  paper  be  dismissed. 

III.  The  paper  of  S.  Livingston  and  W.  M.  McElweeasks 
fur  the  adoption  of  the  following  resolution  : 

That  this  Assembly  hails  the  Emancipation  Proclamation 
of  President  Lincoln  as  a  measure  of  high  military  import 
ance  and  necessity,  and  statesmanlike  in  striking  at  slavery, 
the  root,  canee.  and  strength  of  the  rebellion,  and  that  we 
recognize  in  it  the  voice  of  God  speaking  as  he  did  to  his 
ancient  people  Israel,  saying  by  it  to  us, "  Break  every  yoke 
arid  let  the  oppressed  go  free."  The  Committee  present  this 
resolution  in  another  form,  and  recommend  that  in  this 
amended  form  it  bo  adopted,  viz  : 

Resolved,  That  without  expressing  any  judgment  on  the 
military  importance  r-nd  necessity,  or  tbe  statesmanlike 
character  of  t'if  lYo«. illation,  we  hail  it  as  obedience  to 
thu  voice  of  God,  caU.  •*;  us,  as  he  did  his  ancient  people, 
Let  the  oppressed  go  Tree  and  break  every  yoke. 


Action  of  Churches  in  the  Insurrec 
tionary  States. 

PRESBYTERIAN. 

PRESBYTERIAN  (OLD  SCHOOL)  SYNOD  OP  SOUTH 
CAROLINA,  I860. 

December  3 — Report  of  committee  unani 
mously  adopted,  closing  thus: 

The  Synod  has  no  hesitation,  therefore,  in  expressing  the 
tselief  that  the  people  of  South  Carolina  are  now  solemnly 
called  on  to  imitate  their  Revolutionary  forefathers,  and  stand 
up  for  their  rights.  We  have  an  humble  and  abiding  con 
fidence,  that  tbat  God,  whose  truth  wo  represent  in  this 
conflict,  will  be  with  us,  and  exhorting  our  churches  and 
peoplo  to  put  their  trust  in  God,  and  go  forward  in  the 
tolemn  JKUU.  of  duty  which  his  Providence  opens  before 
them,  wo,  ministers  and  elders  of  the  Presbyterian  Church 
in  S;mth  Carolina,  Hynod  assembled,  would  give  them  our 
benediction,  and  the  assurance  that  we  shall  fervently  and 
unceasingly  implore  for  them  the  care  and  protection  of 
Almighty  God. 

Sev<-nl  of  the  Presbyteries  of  the  Old  School 
Presbyterian  Church  in  the  Sectded  States 
held  their  regular  fall  meeting's  in  1861,  and, 
without  exception,  passed  tuts  of  separation 
from  the  General  Assembly  of  the  church,  and 
.appointed  delegates  to  attend  at  Augusta, 
Georgia,  on  t  e  4th  of  December,  for  the  pur 
pose  of  forming  a  General  Assembly  of  the 
Southern  Confederacy  portion  of  the  denomi 
nation — which  was  rione. 

180 1,  J  uly  24— The  Presbytery  of  South  Ala 
bama  met  at  Selma,  and  declared  severed  its 
ecclesiastical  connection  with  the  General  As 
sembly  of  the  United  States,  and  recommended 
u  meeting  of  a  Confederate  States  Assembly  at 
Memphis,  on  the  4th  of  the  next  December, 
Higgesting,  for  a  preliminary  convention,  if 
euch  be  desired,  Atlanta  as  the  place  and  August 
15th  the  time. 


CHARLESTON  (s.  C.)  PRESBYTEEY,  (OLD  SCHOOL/, 
1861. 

July  25 — The  body  met  in  Columbia,  when 
the  following  preamble  and  resolutions  were 
unanimously  adopted  : 

Whereas,  The  relations  of  the  State  of  South  Carolina, 
of  ten  other  adjacent  States,  and  of  the  people  thereof, 
with  the  other  States  and  people  previously  composing  the 
United  States  of  America,  huve  been  dissolved,  and  the 
former  united  in  the  separate  and  independent  Govern 
ment  of  the  Confederate  States  of  America,  thereby 
making  a  separate  and  independent  organization  of  the 
Church  within  the  said  Confederate  States  desirable  and 
necessary,  in  order  to  the  more  faithful  and  successful 
fulfilment  of  its  duty  to  its  Divine  Lord  and  Master;  and 
whereas,  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America,  by  the  adoption  of  a  paper 
known  as  Dr.  Spring's  Resolutions,  ignoring  the  establish 
ment  of  the  Government  of  the  Confederate  States  ot 
America,  and  disregarding  our  rights, privileges,  and  duties 
as  citizens  thereof,  enjoined  our  allegiance  to,  and  support 
of,  a  Government  foreign  and  hostile  to  our  own.  and 
required  us  not  only  to  yield  obedience  to  a  political  jKwer 
which  we,  in  common  with  our  fellow-citizens  o;  all  clas?>es 
and  all  churches,  have  disowned  and  rejected,  but  also  to  act 
as  traitors  and  rebels  against  the  rightful  and  legal 
authorities  of  the  land  in  which  we  live;  and  whereas 
these  resolutions  of  the  General  Assembly  require  us  to 
continue  united  to  a  people  who  have  violated  the  Consti 
tution  under  which  we  were  originally  confederated,  and 
broken  the  covenant  entered  into  by  their  fathers  and 
ours ;  and  whereas,  the  said  action  of  the  General  Assembly 
in  the  United  States  of  America,  demands  of  us  and  all 
members  of  the  Presbyterian  Church  in  the  Confederat" 
States,  the  approval  and  support  of  the  wicked  and  cruel 
war  now  waged  by  the  other  States  of  the  former  United 
States  of  America  against  the  States  and  people  of  the 
Confederate  States,  against  our  fellow-citizens,  against  our 
friends  and  neighbors,  against  our  own  households  and 
ourselves;  and  whereas,  we  do  most  heartily,  with  the  full 
approval  of  our  consciences  before  our  Lord  God,  unani 
mously  approve  the  action  of  the  States  and  people  of  the 
Confederate  States  of  America;  therefore, 

Be.  it  resolved  by  the  Charleston  Presbytery, 

1.  That  the  ecclesiastical  relations  heretofore  subsisting 
between  this  Presbytery  and  the  Presbyterian  Church  of 
the  United  States  of  America  are  dissolved;  that  we  do 
not  recognize  the  right  or  authority  of  the  General  Assem 
bly  to  adopt  the  resolutions  above  referred  to;  and  that  we 
disown  and  repudiate  those  resolutions,  both  in  their  letter 
and  tieir  spirit,  as  having  uo  authority  over  us,  and  us 
entitled  to  no  respect  or  consideration  from  us. 

2.  That  in  the  judgment  of  this  Presbytery,  it  is  expedi 
ent  and  necessary  that  the  Presbyterian  Churches  in  the 
Confederate   States  should   formally  separate   themselves 
from  the  Presbyterian  Church  in  the  United  States,  and 
establish  a  separate  and  independent  ecclesiastical  organi 
zation. 

3.  That  this  Presbytery  heartily  approves  of  holding  a 
Convention  of  all   the   Presbyteries  in    the    Confederate 
States,  for  the  purpose  of  considering  this  whole  matter, 
securing  the  united  and  harmonious  action  of  the  whole 
Church,  and  devising  and  recommending  such  measures  as 
may  bo  necessary  fully  to  organize  the  Church  in  the  Con 
federate  States. 

4.  That  this  Presbytery   will  proceed  to   appoint  two 
ministers  and  two  ruling  elders,  with   alternates,  to  attend 
such  Cpim-ntion,  who  shall  be  authorized  to  advise  and  act 
with  similar  delegates  appointed  by  other  Presbyteries  in 
the  Confederate  States,  as  in  their  judgment  may  seem 
best;  the  action  of  said  d»  legates  and  of  the  Convention 
to  be  submitted  to  this  Presbytery  for  its  action  thereon. 

5.  That   this   Presbytery    prefers  Atlanta,  Ga.,  as   the 
place,  and  the  15th  of  August  next  as  the  time,  for  the 
meet  ing  of  the  proposed  Convention,  but  that  our  delegates 
be  authorized  and  instructed  to  meet  at  any  time  or  place 
that  may  be  agreed  on  by  the  majority  of  the  Presbyteries 
appointing  similar  delegates,  previous  to  the  next  stated 
meeting  of  thi.i  Presbytery. 

JOHN  DOUGLAS, 

Staled  Clerk. 

GENERAL       ASSEMBLY       OF       THE       PRESBYTERIAN 
CHURCH  IN  THE  CONFEDERATE  STATES,   1861. 

December  4 — The  body  met  in  Augusta, 
Georgia — 35  ministers  and  38  elders  present. 

Sam''  day — A  Committee  consisting  of  James 
H.  Thorn  well,  D.  D.,  TheodoricPryor,  D.  D. 
C.  C.  Jones,  D.  D ..  R.  B.  Whi-e,  D.' D..  \V.  D 


APPENDIX. 


Moore  D.  D.,  J.  H.  Gillespie,  J.  I.  Boozer,  R. 
W.  Bailey.  D.  D.,  and  Frederick  K.  Nash,  Min 
isters;  J.  D.  Armstrong,  Charles  Phillips,  Jo 
seph  A.  Brooks,  W.  P.  Finley,  Samuel  McCorkle, 
William  P.  Webb,  William  L.  Black,  T.  L.  Dun- 
lap,  and  E.  W.  Wright,  Ruling  Elders — was 
appointed  to  prepare  an  Address  "setting  forth 
the  causes  of  our  separation  from  the  churches 
in  the  United  States,  our  attitude  in  relation  to 
SLAVERY,  and  a  general  view  of  the  policy, 
which,  us  a  Church,  we  propose  to  pursue." 
Subsequently  tee  Committee  reported  the  fol 
lowing  Address,  which  was  unanimously 
adopted  : 

The  General  Assembly  of  the  Presbyterian  Church  in  the 
Confederate  States  of  America,  to  all  the  Churches  of 
Jesus  Christ  throughout  -the  earth,  greeting:  Grace, 
mercy,  and  peace  be  multiplied  unto  you ! 
DEARLY  BELOVED  BRETHREN  :  It  is  probably  known  to  you 
that  tho  Presbyteries*  and  Synods  in  the  Confederate  States, 
which  were  formerly  in  connection  with  tho  General  As 
sembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,,  have  renounced  the  jurisdiction  of  that  body;  and 
dissolved  the  ties  which  bound  them  ecclesiastically  with 
their  brethren  of  the  North.  This  act  of  separation  left 
them  without  any  formal  union  among  themselves.  But  as 
they  were  one  in  faith  and  order,  and  still  adhered  to  their 
old* standards,  measures  were  promptly  adopted  for  giving 
expression  to  their  unity,  by  the  organization  of  a  Supreme 
Court,  upon  the  model  of  the  one  whosso  authority  they  had 
just  relinquished.  Commissioners,  (Inly  appointed,  from  all 
tho  Presbyteries  of  these  Confederate  States,  met  accord 
ingly,  iu  the  city  of  Augusta,  on  tho  fourth  day  of  Decem- 
ber,  in  the  year  of  our  Lord  ono  thousand  eight  hundred 
and  sixty-one,  and  then  and  there  proceeded  to  constitute 
the  General  Assembly  of  the  Presbyterian  Church  in  the 
Confederate  States  of  America.  The  Constitution  of  the 
Presbyterian  Church  in  the  United  States — that  is  to  say, 
the  Westminster  Confession  of  Faith,  the  Larger  and  Shorter 
Catechisms,  the  Form  of  Government,  the  Book  of  Discip 
line,  and  the  Directory  for  Worship — were  unanimously  and 
solemnly  declared  to  bo  the  Constitution  of  the  Church  in 
tho  Confederate  States,  with  no  other  change  than  the  sub 
stitution  of  li  Confederate"  for  "United"  wherever  the 
country  is  mentioned  in  the  standards.  The  Church,  there 
fore,  in  these  seceded  States,  presents  now  the  spectacle  of 
a.  separate,  and  independent,  and  complete  organization, 
under  the  style  and  title  of  the  Presbyterian  Church  in  the 
Confederate  States  of  America.  In  thus  taking  its  place 
among  sister  churches  of  this  and  other  countries,  it  see^ns 
proper  that  it  should  set  forth  tho  causes  which  have  im 
pelled  it  to  separata  from  the  Church  of  the  North,  and  to 
indicate  a  general  view  of  the  course  which  it  feels  it  incum 
bent  upon  it  to  pursue  in  the  new  circumstances  in  which 
it  is  placed. 

We  should  be  sorry  to  be  regarded  by  our  brethren  in 
any  part  of  the  world  as  guilty  of  schism.  We  are  not 
conscious  of  any  purpose  to  rend  the  body  of  Christ.  On 
the  contrary,  our  aim  has  been  to  promote  the  unity  of  the 
Spirit  in  the  bonds  of  peace.  If  we  know  our  own  hearts, 
and  can  form  any  just  estimate  of  the  motives  which  have 
governed  us,  we  have  been  prompted  by  a  sincere  desire  to 
promote  tho  glory  of  God,  and  tho  efficiency,  energy,  har 
mony,  and  zeal  of  his  visible  kingdom  in  the  earth.  We 
iiave  separated  from  our  brethren  of  the  North  as  Abraham 
separated  from  Lot — because  we  are  persuaded  that  the 
interests  of  true  religion  will  be  moro  effectually  subserved 
by  t\vo  independent  Churches,  under  the  circumstances  in 
which  the  two  countries  are  placed,  than  by  one  united 
body : 

1.  In  the*  first  place,  the  course  of  the  last  Assembly,  at 
Philadelphia,  conclusively  shows  that  if  wo  should  remain 
together,  the  political  questions  which  divide  us  as  citizens, 
will  be  obtruded  on  our  Church  Courts,  and  discussed  by 
Christian  ministers  and  elders  with  all  the  acrimony,  bit 
terness,  and  rancor,  with  which  such  questions  are  usually 
discussed  by  mon  of  the  world.  Our  Assembly  would  pre 
sent  a  mournful  spectacle  of  strife  and  debate.  Commis 
sioners  from  the  Northern  would  meet  with  Commissioners 
from  the  Southern  Confederacy,  to  wrangle  over  tho  ques 
tions  which  have  (split  them  into  two  confederacies,  and  in 
volved  them  in  furious  and  bloody  war.  They  would  de 
nounce  each  other,  on  the  one  hand,  as  tyrants  and  oppres 
sors,  and  on  the  other,  as  traitors  .and  rebels.  The  Spirit  of 
God  would  take  his  departure  from  these  scenes  of  con 
fusion,  and  leave  the  Church  lifeless  and  powerless,  an  easy 
prey  to  the  sectional  divisions  and  angry  passions  of  its 
members.  Two  nations,  under  any  circumstances,  except 


those  of  perfect  homogeneousness,  cannot  be  united  in  one 
Church,  without  the  rigid  exclusion  of  all  civil  and  socula* 
questions  from  its  halls.  Where  the  countries  differ  in 
their  cus-.ouis  and  institutions,  and  view  each  other  with, 
an  eye  of  jealousy  and  rivalry,  if  national  feelings  are  per 
mitted  to  enter  the  Church  Courts,  there  must  boi'.nend 
of  harmony  and  peace.  The  prejudices  of  the  man  and  the 
citizen  will  prove  stronger  than  the  charity  of  the  Chris 
tian.  When  they  have  allowed  themselves  to  denounce 
each  other  for  their  national  peculiarities,  it  will  be  hard  to 
join  in  cordial  fellowship  as  members  of  the  same  spiritual 
family.  Much  more  must  this  be  the  cise  where  the  na 
tions  arc  not  simply  rivals,  but  enemies — when  they  hate 
each  other  with  n.  cruel  hatred— when  thoy  are  engaged  in 
a  ferocious  and  bloody  war,  and  when  the  worst  passions 
of  human  nature  are  "stirred  to  their  very  depths.  An  As 
sembly  composed  of  representatives  from  two  such  coun 
tries,  could  have  no  security  for  peace  except  in  a  steady, 
uncompromising  adherence  to  tho  Scriptural  principle,  tiu.» 
it  would  know  no  man  after  tho  flesh  ;  that  it  would  abolish 
the  distinctions  of  Barbarian,  Scythian,  bond  and  free,  an-i 
recognize  nothing  but  the  new  creature  in  Christ  J«»UH. 
The  moment  it  permits  itself  to  know  tho  Confederate  or 
the  United  States,  the  moment  its  members  meet  us  citizens 
of  these  countries,  our  political  differences  will  be  fr.  n-> 
ferred  to  the  house  of  God,  and  the  passions  of  the  forum 
will  expel  the  spirit  of  holy  love  and  of  ChrL-tian  com 
munion. 

We  cannot  condemn  a  man,  in  one  breath,  as  unfaithful 
to  the  most  solemn  e;.rthly  interests— his  country  and  his 
race — and  commend  him  in  the  next  as  a  loyal  and  faithful 
servant  of  his  God.  If  we  distrust,  his  patriotism,  our  con 
fidence  is  apt  to  be  very  measured  in  his  piety.  Tho  old 
adage  will  hold  here  as  in  other  things,  falsus  in  uno, 
faL-iis  in  omnibus. 

The  only  conceivable  condition,  therefore,  upon  which 
the  Church  of  the  North  and  the  South  could  remain 
together  as  one  body,  with  any  prospect  of  success,  is  the 
rigorous  exclusion  of  the  questions  and  passions  of  the 
forum  from  its  halls  of  debate.  This  is  what  always  ought 
to  be  done.  The  provinces  of  Church  and  State  aro  per 
fectly  distinct,  and  the  one  has  no  rir;ht  to  usurp  tho  juris 
diction  of  the  other.  The  State  is  a  natural  institute, 
founded  in  the  constitution  of  man  as  moral  and  social, 
and  designed  to  realize  the  idea  of  justice.  It  is  the 
society  of  rights.  The  Church  is  a  supernatural  institute, 
founded  in  the  facts  of  redemption,  and  is  designed  to 
realize  the  idea  of  grace.  It  is  the  society  of  the  redeemed. 
The  State  aims  at  social  order,  the  Church  at  spiritual 
holiness.  The  State  looks  to  the  visible  and  outward,  tho 
Church  is  concerned  for  the  invisible  and  inward.  The 
badge  of  the  State's  authority  is  tho  sword,  by  which  it 
becomes  a  terror  to.  evil  doers,  and  a  praise  to  them  that 
do  well.  The  badge  of  the  Church's  authority  is  the  keys, 
by  which  it  opens  and  shuts  the  Kingdom  of  Heaven, 
according  as  men  arc  believing  or  impenitent.  Tho  power 
of  tho  Church  is  exclusively  spiritual,  that  of  the  State 
includes  the  exercise  of  force.  The  Constitution  of  the 
Church  is  a  Divine  revelation — tho  Constitution  of  the 
State  must  be  determined  by  human  reason  and  the  course 
of  Providential  events.  The  Church  has  no  right  to  con 
struct  or  modify  a  government  for  the  State,  and  tho  Sfcite 
has  no  right  to  frame  a  creed  or  polity  for  the  Church. 
They  are  as  planets  moving  in  different  orbits,  and  unless 
each  is  confined  to  its  own  track,  the  consequences  may  be 
as  disastrous  in  the  moral  world  as  the  collision  of  different 
spheres  in  the  world  of  matter.  It  is  true  that  there  is  a 
point  at  which  their  respective  jurisdictions  seem  to  meet 
—in  the  idea  of  duty.  Bnt  even  duty  is  viewed  by  each  in 
very  different  lights.  The  Church  enjoins  it  as  obedience 
to  God,  and  tho  State  enforces  it  as  the  safeguard  of  order. 
But  there  can  bo  no  collision,  unless  one  or  the  other 
blunders  as  to  the  things  that  are  materially  right.  When 
the  State  makes  wicked  laws,  contradicting  the  eternal 
principles  of  rectitude,  the  Church  is  at  liberty  to  testify 
against  them,  and  humbly  to  petition  that  they  may  bo 
repealed.  In  like  manner,  if  the  Church  becomes  seditious 
and  a  distu;  her  of  the  peace,  the  State  has  a  right  to  abate 
the  nuisance.  In  ordinary  cases,  however,  there  is  not 
likely  to  be  a  collision.  Among  a  Christian  people,  there 
is  little  difference  of  opinion  as  to  the  radical  distinctions 
of  right  and  wrong.  The  only  serious  danger  is  where 
moral  duty  is  conditioned  upon  a  political  question.  Un 
der  the  pretext  of  inculcating  duty,  tho  Church  may  usurp 
the  power  to  determine  tho  question  which  conditions  it, 
and  that  is  precisely  what  she  is  debarred  from  doing 
The  condition  must  be  given.  She  must  accept  it  from  the 
State,  and  then  her  own  course  is  clear.  If  Caesar  is  your 
master,  then  pay  tribute  to  him;  but  whether  the  "if" 
holds,  whether  Caesar  is  your  master  or  not,  whether  he 
ever  had  any  just  authority,  whether  he  now  retains  it,  or 
has  forfeited  it,  these  are  points  which  the  Church  has  no 
commission  to  adjudicate. 

llad  these  principles  been  steadijjr  maintained  by  tb« 


610 


APPENDIX. 


Assembly  at  Philadelphia,  it  is  possiblo  that  the  ecclesias 
tical  separation  of  the  North  and  the  South  might  hare 
been  deferred  for  years  to  come.  Our  Presbyteries,  many 
<jt  them,  clung  with  tenderness  to  the  recollections  of  the 
past.  Sacred  memories  gathered  around  that  venerable 
Church  which  had  hrotisted  numy  :i  storm  and  trained  our 
i;t!iers  for  glory.  It  had  always  been  distlngntobed  for  its 
conservative  influence,  and  many  fondly  hoped  that,  even 
in  the  present  emergency,  it  would  raise  its  placid  and 
twrene  head  above  the  tumults  of  popular  passion,  and  bid 
defiance  to  the  angry  billows  Which  rolled  at  its  feet.  We 
expected  it  to  bow  in  reverence  only  at  the  numo  of  Jesus. 
Many  dreamed  that  it  would  utterly  refuse  to  know  either 
Confederates  or  Federalists,  and  utterly  refuse  to  give  any 
authoritative-  degree  without  a  "  Thus  saith  the  Lord."  It 
was  ardently  desired  that  the  sublime  Kpectacle  might  be 
presented  of  one  Church  upon  earth  combining  in  cordial 
fellowship  and  in  holy  love — the  disciples  of  Jesus  in 
different  and  even  hostile  lands.  But,  alas  !  for  the  weak 
ness  (jf  man,  these  golden  visions  were  soon  dispelled. 
The  first  thing  which  roused  our  Presbyteries  to  look  the 
Question  of  separation  seriously  in  the  face,  was  the  course 
of  the  Assembly  in  venturing  to  determine,  as  a  Court  of 
Jesus  Christ,  which  it  did  by  necessary  implication,  the 
true  interpretation  of  the  Constitution  of  the  United  States 
tw  to  the  kind  of  government  it  intended  to  form.  A 
political  theory  was,  to  all  intents  and  purposes,  pro 
pounded,  which  made  secession  a  crime,  the  seceding  States 
rebellious,  and  the  citizens  who  obeyed  them  traitors.  \Ve 
say  nothing  here  as  to  the  righteousness  or  unrighteous 
ness  of  these  decrees.  What  we  maintain  is,  thiit,  whether 
right  or  wrong,  the  Church  had  no  right  to  make  them — 
she  transcended  her  sphere,  and  usurped  the  duties  of  the 
State.  The  discussion  of  these  questions,  w/s  are  sorry  to 
tvld,  was  in  the  spirit  and  temper  of  partizan  declaimcrs. 
The  Assembly,  driven  from  its  ancient  moorings,  was 
tossed  to  and  fro  by  the  waves  of  popular  passion.  Like 
Pilate,  it  obeyed  the  clamor  of  the  multitude,  and  though 
acting  in  the  name  of  Jesus,  it  kissed  the  sceptre  and 
bowed  tho  knee  to  the  mandates  of  Northern  phrenzy. 
Tlr-  Church  was  converted  into  the  forum,  and  the  Assem 
bly  was  henceforward  to  become  the  arena  of  sectional 
divisions  and  national  animosities. 

Wo  frankly  admit  that  the  mere  unconstitutionally  of 
the  proceedings  of  the  last  Assembly  is  not,  in  itself  con 
sidered,  a  sufficient  ground  of  separation.  It  is  the  conse 
quences  of  these  proceedings  which  make  them  so 
offensive.  It  is  the  door  which  they  open  for  the  intro 
duction  of  the  worst  passions  of  human  nature  into  the 
deliberations  of  Church  Courts.  The  spirit  of  these  pro 
ceedings,  if  allowed  to  prevail,  would  forever  banish  peace 
from  the  Church,  and  there  is  no  reason  to  hope  that  the 
tide  which  has  begun  to  flow  can  soon  be  arrested.  The 
two  Confederacies  hate  each  more  intensely  now  than  they 
did  in  May,  and  if  their  citizens  should  come  together 
upon  the  same  floor,  whatever  might  be  the  errand  that 
brought  them  there,  they  could  not  be  restrained  from 
smiting  each  other  with  the  fist  of  wickedness.  For  the 
eako  of  peace,  therefore,  for  Christian  charity,  for  the 
honor  of  the  Church,  and  for  the  glory  of  God,  we  have 
been  constrained,  as  much  as  in  us  lies,  to  remove  all 
occasion  of  offence.  We  have  quietly  separated,  and  we 
are  grateful  to  God  that,  while  leaving  for  the  sake  of 
peace,  wo  leave  it  with  the  humble  consciousness  that  we, 
ourselves,  have  never  given  occasion  to  break  the  peace. 
We  have  never  confounded  Caesar  and  Christ,  and  we  have 
never  mixed  the  issues  of  this  world  with  tho  weighty 
matters  that  properly  belong  to  us  as  citizens  of  tho  King 
dom  of  God. 

•J.  Though  the  immediate  occasion  of  separation  was  tho 
course  of  the  General  Assembly  at  Philadelphia  in  relation 
to  the  Federal  Government  and  the  war,  yet  there  is 
another  ground  on  which  the  independent  organization  of 
tho  Southern  Church  can  bo  amply  and  scripturally  main- 
tiiiusd.  Tho  unity  of  tho  Church  does  not  require  a 
formal  bond  of  union  among  all  the  congregations  of 
believers  throughout  the  earth.  It  does  not  demand  a 
vast  imperial  monarchy  like  that  of  Rome,  nor  a  strictly 
universal  council,  liko  that  to  which  the  complete  develop 
ment  of  Prosbyterianism  would  naturally  give  rise.  The 
Church  Catholic  is  one  in  Christ,  but  it  is  not  necessarily 
one  visible,  all-absorbing  organization  upon  earth.  There 
ia  no  schism  where  there  is  no  breach  of  charity. 

Churches  may  be  perfectly  at  one  in  every  principle  of 
failh  and  1>rder,  and  yet  geographically  distinct,  and 
mutually  independent.  As  tho  unity  of  the  human  race 
is  not  disturbed  by  its/h'vision  into  countries  and  nations, 
so  the  unity  of  the  spiritual  seed  of  Christ  is  neither 
broken  nor  impaired  by  separation  and  division  into  vari 
ous  Church  constitutions.  Accordingly,  in  tho  Protestant 
countries,  Church  organizations  have  followed  national 
lines.  The  Cal vinistic  Churches  of  Switzerland  are  distinct 
from  the  Reformed  Church  of  Franco.  The  Presbyterians 
of  Ireland  belong  to  a  different  Church  from  tho  Presby- 


!  terians  of  Scotland,  and  the  Presbyterians  of  this  country 
constitute  a  Church,  in  like  manner,  distinct  from  all  other 
Churches  on  the  globe.  That  the  division  into  national 
,  Churches,  that  is,  Churches  bounded  by  national  line.-«,  is, 
in  the  present  condition  of  human  nature,  a  benefit,  seems 
to  us  too  obvious  for  proof.  It  realizes  to  the  Church  Cal  ho- 
lic  all  tho  advantages  of  a  division  of  labor.  It  makes  a 
Church  organization  homogeneous  said  compact — it  stimu 
lates  holy  rivalry  and  zeal — it  removes  all  grounds  of 
suspicion  and  jealousy  on  the  part  of  the  State.  What  is 
lost  in  expansion  u  gained  in  energy.  The  Church  Catho 
lic,  aa  thus  divided,  and  yet  spiritually  one,  divided,  but 
not  rent,  is  a  beautiful  illustration  of  the  great  philosophi 
cal  principle  which  pervades  all  nature — the  co-existence 
of  the  one  with  the  many. 

If  it  is  desirable  that  each  nation  should  contain  a  sepa 
rate  -ind  an  independent  Church,  the  Presbyteries  of  tln-gi; 
Confederate  Slates  need  1*0  apology  for  bowing  to  the 
decree  of  Providence,  which,  in  withdrawing  their  country 
trom  the  government  of  the  United  States,  has.  at  the 
same  time,  determined  that  they  should  withdraw  from 
the  Church  of  their  fathers.  It  is  not  that  they  have 
ceased  to  love  it — not  that  they  have  abjured  its  ancient 
principles,  or  forgotten  its  glorious  history.  It  is  to  givo 
these  same  principles  a  richer,  freer, 'fuller  development 
among  ourselves  than  they  possibly  could  receive  under 
foreign  culture.  It  is  precisely  because  we  love  that 
Church  as  it  was,  and  that  Church  as  it  should  be,  that  we 
have  resolved,  as  far  as  in  us  lies,  to  realize  its  grand  idea 
in  the  country,  and  under  the  Government  where  God  has 
cast  our  lot.  With  the  supremo  control  of  ecclesiastical 
affairs  in  our  hands,  wo  may  bo  able,  in  some  competent 
measure,  to  consummate  this  result.  In  subjection  to  a 
foreign  power,  we  could  no  more  accomplish  it  than  the 
Church  in  the  United  States  could  have  been  developed  in 
dependence  upon  the  Presbyterian  Church  of  Scotland. 
Tho  difficulty  there  would  have  been,  not  the  distance  of 
Edinburgh  from  New  York,  Philadelphia,  or  Charleston, 
but  the  difference  in  tho  manners,  habits,  customs,  and 
ways  of  thinking,  the  social,  civil,  and  political  institutions 
of  the  people.  Thesa  same  difficulties  exist  in  relation  to 
the  Confederate  and  United  States,  and  render  it  eminent 
ly  proper  that  the  Church  in  each  should  be  as  separate 
and  independent  as  the  Governments. 

In  addition  to  this,  there  is  one  difference  which  so  radical 
ly  and  fundamentally  distinguishes  the  North  and  the  South, 
that  it  is  becoming  every  day  more  and  more  apparent 
that  the  religious,  as  well  as  tho  secular,  interests  of  both 
will  be  more  effectually  promoted  by  a  complete  and 
lasting  separation.  The  antagonism  of  Northern  and 
Southern  sentiment  on  the  subject  of  slavery  lies  at  tho 
root  of  all  tho  difficulties  which  have  resulted  in  the 
dismemberment  of  the  Federal  Union,  and  involved  us  in 
the  horrors  of  an  unnatural  war.  The  Presbyterian 
Church  in  the  United  States  has  been  enabled  by  'Divine 
grace  to  pursue,  for  the  most  part,  an  eminently  conser 
vative,  because  a  thoroughly  scriptural,  policy  in  relation 
tn  this  delicate  question.  It  has  planted  itself  upon  the 
Word  of  God,  and  utterly  refused  to  make  slavcholding  a 
.sin,  or  nou-slaveholding  a  term  of  communion.  But 
though  both  sections  are  agreed  as  to  tliisgener.il  principle, 
it  is  not  to  be  disguised  that  tho  North  exercises  a  deep 
and  settled  antipathy  t>  slavery  itself,  while  the  South  is 
equally  zealous  in  its  defence.  Recent  events  can  have  no 
other  effect  than  to  confirm  the  antipathy  on  the  one  hand 
and  strengthen  the  attachment  on  the  other.  The  North 
ern  section  of  tho  Church  stands  in  tho  awkward  predica 
ment  of  maintaining,  in  one  breath,  that  slavery  is  an 
evil  which  ought  to  be  abolished,  and  of  asserting  in  the 
next,  that  it  is  not  a  sin  to  bo  visited  by  exclusion  from 
communion  of  the  saints.  The  consequence  is,  that  it 
plays  partly  into  the  hands  of  abolitionists  and  partly  into 
tho  hands  of  slaveholders,  and  weakens  its  influence  with 
both.  It  occupies  the  position  of  a  prevaricating  witness 
whom  neither  party  will  trust.  It  would  be  better,  there 
fore,  for  tho  moral  power  of  the  Northern  section  of  tho 
Church  t  >  get  entirely  quit  of  tho  subject.  At  the  same 
time,  it  is  intuitivelv  obvious  that  the  Southern  section  of 
the  Church,  while  even  partially  under  the  control  of  those 
who  are  hostile  to  slavery,  can  never  have  free  and  unim 
peded  access  to  the  slave  population.  Its  ministers  and 
elders  will  always  be  liable  to  some  degree  of  suspicion 
In  tho  present  circumstances,  Northern  alliance  would  be 
absolutely  fatal.  It  would  utterly  preclude  the  Church 
from  a  wido  and  commanding  field  of  usefulness.  This  is 
too  dear  a  price  to  bo  paid  for  a  nominal  union.  We  can 
not  afford  to  givo  up  these  millions  of  souls  and  consign 
them,  so  far  as  our  efforts  are  concerned,  to  hopeless  perdi 
tion,  for  the  sake  of  preserving  an  outward  unity  which, 
alter  all,  is  an  empty  shadow.  If  we  would  gird  ourselves 
heartily  and  in  earnest,  for  the  work  which  God  has  set  be- 
fore  us,  we  must  have  the  control  of  our  ecclesiastical 
affairs,  and  declare  ourselves  separate  anil  independent. 
AnJ  here  we  may  venture  to  lay  before  the  Christian 


APPENDIX. 


5iJ 


vfui-ld  our  views  as  a  Church,  upon  the  subject  of  slavery. 
NV.j  beg  u  candid  hearing. 

In  thti  first  place,  we  would  have  it  distinctly  under 
stood  that,  in  our  ecclesiastical  capacity,  we  are  neither 
the  friends  nor  tho  foes  of  slavery ;  that  is  to  say,  we  have 
no  commission  either  to  propagate  or  abolish  it.  The 
policy  oi  its  existence  or  non-existence  is  a  question  which 
exclusively  helougs  to  the  State.  We  have  no  right,  as  a 
Church,  to  enjoin  it  as  a  duty,  or  to  condemn  it  as  a  sin. 
Our  business  is  with  the  duties  which  spring  from  the 
relation;  the  duties  of  the  masters  on  the  one  hand,  and 
of  their  slaves  on  the  other.  Those  duties  we  are  to 
proclaim  and  enforce  with  spiritual  sanctions.  The  social, 
civi,  political  problems  connected  with  this  great  subject 
transcend  our  sphere,  as  God  has  not  entrusted  to  His 
Church  the  organization  of  society,  the  construction  of 
Government,  nor  the  allotment  of  individuals  to  their 
various  stations.  Tho  Church  has  as  much  right  to  preach 
to  the  monarchies  of  Europe,  and  the  despotism  of  Asia, 
the  doctrines  of  republican  equality,  as  to  preach  to  the 
Governments  of  tLo  South  tho  extirpation  of  slavery. 
This  position  is  impregnable,  unless  it  can  be  shown  that 
slavery  is  a  sin.  Upon  every  other  hypothesis,  it  is  so  clearly 
a  question  for  the  State,  that  tho  proposition  would  never 
for  a  moment  have  been  doubted,  had  there  *not  been  a 
foregone  conclusion  in  relation  to  its  moral  character.  Is 
slavery,  then,  a  sin? 

In  answering  this  question,  as  a  Church,  let  it  be  dis 
tinctly  borne  in  mind  that  the  only  rule  of  judgment  is 
the  written  word  of  God.  The  Church  knows  nothing  of 
the  intuitions  of  reason  or  the  deductions  of  philosophy, 
except  those  reproduced  in  the  Sacred  Canon.  She  has,  a 
positive  constitution  in  the  Holy  Scriptures,  and  has  no 
right  to  uttur  a  single  syllable  upon  any  subject,  except  as 
the  Lord  puts  words  in  her  mouth.  She  is  founded,  in 
other  words,  upon  express  revelation.  Her  creed  is  an 
authoritative  testimony  of  God,  and  not  a  speculation,  and 
what  she  proclaims,  she  must  proclaim  with  the  infallible 
certitude  of  faith,  and  not  with  the  hesitating  assent  of  an 
'opinion.  The  question,  then,  is  brought  within  a  narrow 
compass  :  Do  the  Scriptures  directly  or  indirectly  condemn 
slavery  as  a  sin  ?  If  they  do  not,  the  dispute  is  ended,  for 
the  Church,  without  forfeiting  her  character,  dares  not  go 
beyond  them. 

Now,  we  venture  to  assert  that  if  men  had  drawn  their 
conclusioas  upon  this  subject  only  from  the  Bible,  it  would 
no  more  have  entered  into  any  human  head  to  denounce 
slavery  as  a  sin,  than  to  denounce  monarchy,  aristocracy, 
or  poverty.  The  truth  is,  men  have  listened  to  what  they 
falsely  considered  as  primitive  intuitions,  or  as  necessary 
deductions  from  primitive  cognitions,  and  then  have  gone 
to  the  Bible  to  confirm  the  crotchets  of  their  vain  philoso 
phy.  They  have  gone  there  determined  to  find  a  particu 
lar  result,  and  the  consequence  is,  that  they  leave  with 
having  made,  instead  of  having  interpreted, 'Scripture. 
Slavery  is  no  new  thing.  It  has  not  only  existed  for 
ages  in  the  world,  but  it  has  existed,  under  every  dispensa 
tion  of  the  covenant  of  grace,  in  the  Church  of  God. 
Indeed,  the  first  organization  of  the  Church  as  a  visible 
society,  separate  and  distinct  from  the  unbelieving  world, 
was  inaugurated  in  the  family  of  a  slaveholder.  Among 
the  very  first  persons  to  whom  the  seal  of  circumcision 
was  affixed,  were  tho  slaves  of  the  father  of  the  faithful, 
som\i  born  in  his  house,  and  others  bought  with  his  money. 
Slavery  ayaiu  re-appears  under  the  Law.  God  sanctions 
it  in  tho  Siv*  table  of  the  Decalogue,  and  Moses  treats  it 
a;  an  institution  to  be  regulated,  not  abolished:  legiti- 
ni'.i'. -::d,  and  not  condemned.  We  come  down  to  the  ago  of 
tl-.o  New  Testament,  and  we  find  it  again  in  the  Churches 
(banded  by  the  Apostles  under  the  plenary  inspiration  of 
the  Holy  Ghost.  These  facts  are  utterly  amazing,  if 
slavery  is  the  enormous  sin  which  its  enemies  represent 
it  to  be.  It  will  i»ot  do  to  say  that  the  Scriptures  have 
trwitfxi  it  only  in  a  general,  incidental  way,  without  any 
Hc-ir  implication  as  to  its  moral  character.  Moses  surely 
made  it  the  subject  of  express  and  positive  legislation,  and 
the  Apostles  art;  equally  explicit  in  inculcating  the  duties 
which  spring  fr*m  both  fides  of  the  relation.  They  treat 
L'av;-.;  as  bound  to  obey  and  inc.ijlc-.ato  obedience  as  an  office 
of  religion — a  thi:;g  wholly  self-contradictory,  if  the  au 
thority  exorcise*:  over  them  were  unlawful  and  iniquitous. 

But  wluit  put*  this  subject  in  a  still  clearer  light  is  the 
manner  in  which  it  is  sought  to  extort  from  the  Scriptures 
a  contrary  testimony.  The  notion  of  direct  uud  explicit 
condemnation  is  given  up.  The  attempt  is  to  show  that 
tin1  genius  and  spirit  of  Christianity -ire  opposed  to  it — that 
its  great  cardinal  principles  of  viitno  are  utterly  against 
it.  Much  stress  is  laid  upon  the  Ooldim  Rule  and  upon  the 
gcMieral  denunciations  of  tyranny  and  oppression.  To  all 
this  we  reply,  that  no  principle  is  clearer  than  that  a  c«ee 
positively  excepted  cannot  be  included  under  a  general 
rule.  Lot  us  concede,  for  a  moment,  that  the  laws  of  love, 
;nid  the  condemnation  of  tyranny  and  oppression,  seem  logi- 
cilly  to  involve,  as  a  result,  the  condemnation  of  slavery  ; 


|  yet,  if  slavery  is  afterwards  expressly  mentioned  and  treated 
iis  H  lawful  relation,  it  obviously  follows,  unless  Scriptuiv 
is  to  be  interpreted  as  inconsistent  with  itself,  that  slavery 
is,  by  necessary  implication,  excepted.  The  Jewish  law 
forbade,  us  a  general  rule,  the  marriage  of  a  man  with  his 
brother's  wife.  The  same  law  expressly  enjoined  the  sains 
marriage  in  a  given  case.  The  given  case  was,  there 
fore,  an  exception,  and  not  to  bo  treated  as  a  violation  of 
the  general  rule.  The  law  of  love  has  always  been  tho 
law  of  God.  It  was  enunciated  by  Moses  almost  as  clearly 
as  it  was  enunciated  by  Jesus  Cbriet.  Y«t,  notwithstand 
ing  this  law,  Moses  and  the  Apostles  alike  sanctioned  the 
relation  of  slavery.  The  com>lu'ion  is  inevitable,  either 
that  the  law  is  not  opposed  So  it,  or  th*t  slavery  is  an  ex 
cepted  case. 

To  say  that  the  prohibition  of  tyranny  and  oppression 
includes  slavery,  is  to  beg  the  vholo  question.  Tyranny 
and  oppression  involve  either  the  unjust  usurpation  or 
the  unlawful  exercise  of  power.  It  is  the  unlawfulness, 
cither  in  its  principle  or  measure,  which  constitutes  the 
core  of  the  sin.  Slavery  must,  therefore,  be  proved  to  be 
unlawful,  before  it  can  be  referred  to  any  such  category. 
Tho  master  may.  indeed,  abuse  his  power,  but  ha  oppresses 
not  simply  as  a  master,  but  as  a  wicked  master. 

But,  apart  from  all  this,  the  law  of  love  is  simply  the 
inculcation  of  universal  equity.  It  implies  nothing  tw  to  the 
existence  of  various  ranks  and  gradations  in  society.  The 
interpretation  which  makes  it  repudiate  slavery  would  rualce 
it  equally  repudiate  all  social,  civil,  and  political  inequalities. 
Its  meaning  is,  not  that  we  should  conform  ourselves  to 
the  arbitrary  expectations  of  others,  but  that  we  should 
render  unto  them  precisely  the  same  measure  which,  if  we 
were  in  their  circumstance,  it  would  be  reasonable  and 
just  in  us  to  demand  at  their  hands.  It  condemns  slavery, 
therefore,  only  upon  the  supposition  that  slavery  is  a 
sinful  relation— that  is,  he  who  extracts  the  prohibition 
of  slavery  from  the  Golden  Rule,  begs  the  very  point  in 
dispute. 

We  cannot  prosecute  the  argument  in  detail,  but  we 
L.u-e  said  enough,  wo  think,  to  vindicate  the  position  ol 
the  Southern  Church.  We  have  assumed  no  new  attitude 
We  stand  exactly  where  the  Church  of  God  has  always 
stood — from  Abraham  to  Moses,  from  Moses  to  Christ,  from 
Christ  to  the  Reformers,  and  from  the  Reformers  to  0111- 
selves.  We  stand  upon  the  foundation  of  the  Prophets 
and  Apostles,  Jesus  Christ  himself  being  the  chief  corner 
stone.  Shall  we  be  excluded  from  the  fellowship  of  our 
brethren  in  other  lands,  because  we  dare  not  depart  ftpta 
the  charter  of  our  faith?  Shall  we  be  branded  with  tli" 
stigma  of  reproach,  because  wo  cannot  consent  to  cornr/i 
the  word  of  God  to  suit  the  intuitions  of  an  infidel  ph'loso- 
phy?  Shall  our  names  be  cast  out  as  evil,  and  tho  finger 
of  scorn  pointed  at  us,  because  we  utterly  refuse  to  break 
our  communion  with  Abraham,  Isaac,  and  Jacob,  with 
Moses,  David,  and  Isaiah,  with  Apostles,  Prophets,  and 
Martyrs,  with  all  the  noble  army  of  confessors  who  have 
gone  to  glory  from  slave-holding  countries  and  from  a 
slave-holding 'Chinch,  without  ever  having  dreamed  th-t 
they  were  living  in  mortal  sin,  by  conniving  at  si. yt>ry  in 
the  midst  of  tfu-k-  ?  If  so,  we  shall  takeconsolation  in  the 
cheering  cousdout  .iwss' that  the  Master  has  accepted  us. 
We  may  be  denounced,  despised,  and  cast  out  of  tho  syna 
gogues  of  our  brethren.  But  while  they  are  wrangling 
about  the  distinctions  of  men  according  to  the  flesh,  we 
shall  go  forward  in  our  Divine  work,  and  confidently  anti 
cipate  that,  in  the  great  day,  as  the  consequence  of  our 
humbly  labors,  "i  <j  shall  meet  millions  of  glorified  spirits, 
who  have  come  «.p  from  the  bondage  of  earth  to  a  u.ibVr 
freedom  than  human  philosophy  ever  dreamed  of.  Others, 
if  they  please,  may  spend  their  time  in  declaiming  on  the 
tyranny  of  earthly  masters ;  it  will  be  our  aim  to  rc;Tist 
the  real  tyrants  which  oppress  the  soul — Sin  and  Satan. 
These  aro  the  foes  against  whom  wo  shall  find  it  employ 
ment  enough  to  wage  a  successful  war.  And  to  this  huiy 
war  it  is  tlia  purpose  of  our  Church  to  devote  itself  with 
redoubled  energy.  We  feel  that  the  souls  of  our  slaves 
are  a  solemn  trust,  and  we  shall  strive  to  present  them 
faultless  and  complete  before  tho  presence  of  God. 

Indeed,  as  we  contemplate  their  condition  in  the  South 
ern  States,  and  contrast  it  with  that  of  their  fathers  before 
them,  and  that  of  their  brethren  in  the  present  day  in 
their  native  land,  we  cannot  but  accept  it  as  a  gracious 
Providence  that  they  have  bc-eu  brought  in  such  numbers 
to  our  shores,  and  redeemed  from  the  bondage  of  bar 
barism  and  sin.  Slavery  to  them  has  certainly  been  over 
ruled  for  the  greatest  good.  It  has  bee  u  a  link  in  the 
wondrous  chain  of  Providence,  through  which  many  s  >ns 
and  daughters  have  been  made  heirs  of  the  heavenly  inheri 
tance.  Tho  Providential  result  is,  of  course,  no  justification, 
if  the  thing  is  intrinsically  wrong:  butit  is  certainly  a  mut 
ter  of  devout  thanksgiving,  and  no  obscure  intimation  of  the 
will  and  purpose  of  God,  and  of  the  consequent  duty  of  tho 
Church.  We  cannot  forbear  to  say,  however,  that  tha 
general  operation  of  the  system  is  kindly  and  benevolent; 


512 


APPENDIX. 


it  is  a  real  and  effective  discipline,  and  without  it,  wo  are 
profoundly  persuaded  that  the  African  race  in  the  midst  of 
us  can  never  he  elevated  in  the  scale  of  being.  As  long  as 
tiiat  race,  in  its  comparative  degradation,  co-exists,  side  hy 
hide,  with  the  whiten,  bondage  is  its  normal  condition. 

AH  to  the  endless  declamation  about  human  rights,  we 
havo  only  to  say  that  hunsan  rights  are  not  a  fixed,  but  a 
fluctuating  quantity.  Their  sum  is  not  the  name  in  any 
two  nations  on  the  globe.  The  rights  of  Englishmen  are 
ono  thing,  the  rights  of  Frenchmen  another.  There  is  a 
minimum  without  which  A  man  cannot  be  responsible: 
there  is  a  maximum  which  expresses  the  highest  degree  of 
civilization  and  of  Christian  culture.  The  education  of  the 
species  consists  in  its  ascent  along  this  line.  As  you  go  up, 
tho  number  of  righte  inorr-.ig»s,  but  the  number  of  individ 
uals  who  possess  them  diminishes.  As  you  come  down  the 
line,  rights  are  diminisUfxl,  but  the  individuals  are  multi 
plied.  It  is  just  the  opposite  of  the  predicamental  scale  of 
the  logicians.  There  comprehension  diminishes  as  you 
tte»ccnd  and  extension  increases,  and  comprehension  in 
creases  as  you  descend  and  extension  diminishes.  Now, 
when  it  is  said  that  slavery  is  inconsistent  with  human 
rights,  we  crave  to  understand  what  point  in  this  line  is 
tho  slave  conceived  to  occupy.  There  are,  no  doubt,  many 
rights  which  belong  to  other  men — to  Englishmen,  to 
Frenchmen,  to  his  master,  for  example — which  are  denied 
to  him.  But.  is  he  fit  to  possess  them?  Has  God  qualified 
him  to  meet  the  responsibilities  which  their  possession 
nct:cs.«arily  implies?  His  place  in  the  scale  is  determined 
by  his  competency  to  nil  til  its  duties.  There  are  other 
rights  which  lie  certainly  possesses,  without  which  ho 
could  neither  be  human  nor  accountable.  Before  slavery 
can  be  charged  with  doing  him  injustice,  it  must  be  shown 
that  the  minimum  which  falls  to  his  lot  at  the  bottom  of 
tho  line  is  out  of  proportion  to  his  capacity  and  culture — a 
thing  which  can  never  be  done  by  abstract  speculation. 
The  truth  is,  the  education  of  the  human  race  for  liberty 
and  virtue,  is  a  vast  Providential  scheme,  and  God  assigns 
to  every  man,  by  a  wise  and  holy  decree,  the  precise  place 
he  is  to  occupy  in  the  great  moral  school  of  humanity. 
The  scholars  are  distributed  into  classes,  according  to  their 
competency  and  progress.  For  God  is  in  history. 

Toavoid  the  suspicion  of  a  conscious  weakness^!'  our  cause, 
when  contemplated  from  the  side  of  pure  speculation,  we 
JO:iy  advert  for  a  moment  to  those  pretended  intuitions 
which  stamp  the  reprobation  of  humanity  upon  this 
ancient  and  hoary  institution.  We  admit  that  there  are 
primitive  principles  in  morals  which  lie  at  the  root  of 
human  consciousness.  But  the  question  is,  how  are  we  to 
distinguish  them?  Tho  subjective  feeling  of  certainty  is 
no  adequate  criterion,  as  that  is  equally  felt  in  reference 
to  crotchets  and  hereditary  prejudices.  The  very  point  is 
to  know  when  this  certainty  indicates  a  primitive  cogni 
tion,  and  when  it  does  not.  There  must,  therefore,  be  some 
eternal  test,  and  whatever  cannot  abide  that  test  has  no 
authority  as  a  primary  truth.  That  test  is  an  inward 
necessity  of  thought,  which,  in  all  minds  at  the  proper 
stage  of  maturity,  is  absolutely  universal.  Whatever  is 
universal  is  natural.  We  are  willing  thai  slavery  should 
be  tried  by  this  standard.  We  are  willing  to  abide  by  the 
testimony  of  the  race,  and  if  man,  as  man,  has  everywhere 
condemned  it — if  all  human  laws  have  prohibited  it  as 
crime — if  it  stands  in  the  samt>  category  with  malice, 
murder,  and  theft;  then  we  are  willing,  in  the  name  of 
humanity,  to  renounce  it.  and  to  renounce  it  forever.  But 
what  if  the  overwhelming  majority  of  mankind  have 
approved  it?  what  if  philosophers  ai(!  statesmen  have 
justified  it,  and  the  laws  of  all  nations  acknowledged  it? 
what  then  becomes  of  these  luminous  intuitions?  They 
are  an  igni$  fatuux,  mistaken  for  a  star. 

We  have  now,  brethren,  in   a  brief  compass,   for  the 
nature  of  this  address  admits  only  of  an  outline,  opened  to 
you  our  whole  hearts  upon  this  delicate  and  vexed  subject. 
We  have  concealed  nothing.    We  have  sought  to  conciliate 
110  sympathy  by  appeals  to  your  charity.     We  have   tried 
our  cause  by  tho  word  of  God ;  and   though   protesting 
against  its  authority  to  judge  in  a  question  concerning 
tlio  duty  of  the  Church,  we  have  not  refused  to  appear  at 
the  tribunal  of  reason.    Are  we  not  right,  in  view  of  all  the 
preceding  considerations,  In   remitting   the  social,  civil, 
and  political  problems  connected  with  slavery  to  the  State? 
Is  it  not  a  subject,  save  in  the  moral  duties  which  spring 
from  it,  which  lies  beyond   the  province  of  the  Church  ? 
Have  we  any  right  to  make  it  an  element  in  judging  of 
Christian  character?     Are  we  not  treading  in  the  footsteps  | 
of  the  flock  ?     Are  we  not  acting  as  Christ  and  his  Apos-  j 
ties  have  acted  before  us  ?     Is  it  not  enough  for  us  to  pray 
and  labor,  in  our  lot,  that  all  men  may  be  saved,  without 
meddling  as  a  Church  with  the  technical  distinction  of 
their  civil  life.     Wo  leave  the  matter  with  you.     We  offer  j 
you  the  right  hand  of  fellowship.    It  is  for  you  to  accept  j 
it  or  reject  it.    We  have  done  our  duty.    We  can  do  no  j 
more.    Truth  is  more  precious  than  union,  and  if  you  cast  ; 
as  out  as  sinners,  the  breach  of  charity  is  not  with  us,  I 


'  as  long  as  we  walk  according  to  the  light  <;f  the  written 
word. 

The  ends  which  we  propose  to  accomplish  as  a  Church 
are  the  same  as  those  which  are  proposed  by  every  other 
Church.  To  proclaim  God'a  truth  as  a  witness  to  the 
nations ;  to  gather  his  elect  from  the  four  corners  of  tire 
earth,  and  through  tho  Wo rd,  Ministers,  and  Ordinances, 
to  train  them  for  eternal  life,  is  the  great  business  of  ilia 
people.  The  only  thing  that  will  be  at  all  peculiar  to  us, 
is  the  manner  in  which  we  shall  attempt  to  discharge  our 
duty.  In  almost  every  department  of  labor,  except  the 
pastoral  care  of  congregations,  it  has  been  usual  for  the 
Church  to  resort  to  societies  more  or  less  closely  connected 
with  itself,  and  yet,  logically  and  really  distinct.  It  w  our 
purpose;  to  rely  upon  the  regular  organs  of  our  govern 
ment,  and  executive  agencies  directly  and  immediately 
responsible  to  them.  We  wish  to  make  the  Church,  not 
merely  a  superintendent,  but  an  agent.  We  wish  to  de 
velop  the  idea  that  tho  congregation  of  believers,  as  visibly 
organized,  is  the  very  society  or  corporation  which  is 
divinely  called  to  do  the  work  of  tho  Lord.  We  shall, 
therefore,  endeavor  to  do  what  has  never  yet  been  ade 
quately  done — bring  out  the  energies  of  our  Presbyteri:m 
system  of  government.  From  the  Session  to  the  Assembly 
we  shall  strive  to  enlist  all  our  courts,  as  courts,  in  every 
department  of  Christian  effort.  We  are  not  ashamed  u> 
confess  that  we  are  intensely  Presbyterian.  We  embrace 
.ill  other  denominations  in  the  arms  of  Christian  fellow 
ship  and  love,  but  our  own  scheme  of  government  we 
humbly  believe  to  be  according  to  the  pattern  shown  in 
the  Mount,  and,  by  God's  grace,  we  propose  to  put  its  effi 
ciency  to  the  test. 

Brethren,  we  have  done.  We  have  told  you  who  we  are, 
arid  what  we  are.  We  greet  you  in  the  tie*  of  Christian 
brotherhood.  We  desire  to  cultivate  peace  and  charity  wi  th 
all  our  fellow  Christians  throughout  the  world.  We  invite 
to  ecclesiastical  communion  all  who  maintain  our  principles 
of  faith  and  order.  And  now  we  commend  you  to  God  and 
the  word  of  His  grace.  We  devoutly  pray  that  the  whole 
Catholic  Church  may  be  afresh  baptized  with  the  Holy 
Ghost,  and  that  she  may  speedily  be  stirred  up  to  give  the 
Lord  no  rest  until  he  establish  and  make  Jerusalem  a 
praise  in  the  earth. 
[Signed,] 

B.  M.  PALMER,  Moderator, 

JNO.  N.  WADDEL,  Stated  Clerk, 

JOSEPH  R.  WILSON.  Permanent  Clerk, 

D.  McNEILL  TURNER,  Temporary  Clerk. 

Ministers.— John  S.  Wilson,  Wm.  Henry  Foote.  John  H. 
Bocock,  Samuel  R.  Houston,  Francis  McFarlan'd,  W.  T. 
Richardson,  Peyton  Harrison,  Theodoric  Pryor,  Samuel  D. 
Stuart,  James  B.  Ramsey,  Drury  Lacy,  P.  H.  Dalton, 
Robert  Ilett  Chapman,  J.  W.  Elliott,  R.  B.  McMullen, 
Shepard  Wells,  J.  H.  Lorauce,  John  B.  Adger,  John  S. 
Harris,  J.  Leighton  Wilson,  D.  E.  Frierson,  J.  H.Thornweil, 
A.  W.  Leland,  J.  E.  Dubose,  N.  A.  Pratt,  G.  W.  Boggs, 
Robert  B.  White,  A.  B.  McCorkle,  John  A.  Smylie,  Jiirncs 
A.  Lyon,  J.  Franklin  Ford,  W.  C.  Emerson,  John  Hunter, 
Rich'moud  Mclnuis,  W.  D.  Moore,  J.  H.  Gillespie,  \V.  N. 
Friersou,  A.  H.  Caldwell,  Thomas  R.  Welch,  John  1. 
Boozer,  Cyrus  Kingsbury,  R.  M.  Loughridge,  Rnfus  W. 
Bailey,  Ili'llery  Mosely,  R.  F.  Bunting,  Levi  Tenuey. 

Riding  Elders. — James  D.  Armstrong,  B.  F.  Renick,  J. 
W.  Gilkeson,  J.  L.  Campbell,  T.  E.  Perkinson,  William  F. 
C.  Gregory,  Samuel  McCorkle,  Jesse  H.  Lindsay,  Charles 
Phillips,  James  II.  Dickson,  J.  G.  Shepherd,  James  G. 
Ramsey,  William  Murdock,  Samuel  B.  McAdams,  A.  W. 
Putnam,  Lewis  B.  Thornton,  Thomas  C.  Pen-in,  Job  John- 
stone,  R.  S.  Hope,  J.  S.  Thompson,  W.  Perroneau  Finley, 
John  Honner,  William  A.  Forward,  D.  C.  Houston,  William 
P.  Webb,  James  Montgomery,  W.  H.  Simpson,  vYi  Ilium  C. 
Black,  David  Hadden,  H.  H.  Kimmons.  J.  T.  Swayue,  T.  L, 
Duulap,  Edward  W.  Wright. 

GENERAL  ASSEMBLY  OF  1862. 

May  1 — The  body  met  in  Montgomery,  Ala 
bama — 31  ministers  and  16  elders  present. 

The  following  is  the  Narrative  on  the  State 
of  Religion,  reported  by  Rev.  J.  L.  Girardeau, 
Chairman  of  the  Committee : 

It  is  but  a  few  months  since  the  first  General  Assembly 
of  the  l*r«byteriau  Church  in  the  Confederate  States  was 
organized,  and  our  Zion  was  equipped  for  her  great  and 
distinctive  work.  We  desire  at  this,  our  second  meeting, 
to.  render  devout  thanksgiving  to  our  Divine  Lord  and  Head 
for  the  abundant  favor  which  he  Ins  manifested  to  our 
Church  in  entering  upon  that  new  and  solemn  path  of  our 
duty  to  which  his  Provideuce  has  so  clearly  pointed  her. 
Having,  as  she  conceived,  a  Divine  call  to  set  up  her  ban 
ners  as  an  independent  organization,  she  ha-s  not  been 
destitute  of  the  Divine  blessing  in  obeying  t,  and  we  irusl 


APPENDIX. 


513 


•will  be  yet  more  and  more  richly  endowed  for  prosecuting 
as  well  the  enterprises  peculiarly  entrusted  to  her  as  the 
gen  nil  labors  which  are  assigned  to  every  church  of  the 
Redeemer. 

We  IIHVO  to  regret  that  in  consequence  of  the  distracted 
condition  of  the  country,  but  few  reports  of  our  Presbyte 
ries,  touching  the  state  of  religion,  have  come  up  tons. 
All  the  Presbyteries  which  have  reported,  dwell  upon  the 
war  in  which  wo  are  now  engaged,  and  its  inlluence  upon 
the  religious  interests  of  the  Church.  In  the  first  place, 
we  notice  the  relation  of  our  congregations  to  the  great 
strngKle  in  which  we  are  engaged.  All  the  Presbyterial 
narratives,  without  exception,  mention  the  fact  that  their 
congregations  have  evinced  the  most  cordial  sympathy 
with  the  people  of  the  Confederate  States  in  their  efforts 
to  maintain  their  cherished  rights  and  institutions  against 
the  despotic  power  which  is  attempting  to  crush  them. 
Deeply  convinced  that  this  struggle  is  not  alone  for  civil 
rights,  and  property,  and  home,  but  also  for  religion,  for 
the  Church,  for  the  gospel,  and  for  existence  itself,  the 
churches  in  our  connection  have  freely  contributed  to  its 
prosecution  of  their  substance,  their  prayers,  and  above  all 
of  their  members  and  the  beloved  youth  of  their  congrega 
tions.  They  have  parted  without  a  murnmv  with  those 
who  constitute  the  hope  of  the  Church,  and  have  bidden 
them  go  forth  to  the  support  of  this  great  and  sacred 
cause  with  their  benedictions  and  with  their  supplications 
for  their  protection  and  success.  The  Assembly  desire  to 
record  with  its  solemn  approval  this  fact  of  the  unanimity 
of  our  people  in  supporting  a  contest  to  which  religion,  as 
well  as  patriotism,  now  summons  the  citizens  of  this  coun 
try,  and  to  implore  for  them  the  blessing  of  God  in  the 
course  which  they  are  now  pursuing.  In  this  connection 
AVC  would  notice  the  fact  that  some  of  our  ministers  have 
entered  the  army  as  chaplains,  and  in  the  joint  capacity 
of  chaplains  and  soldiers,  and  are  thus  discharging  a  most 
important  and  useful  office.  One  of  these,  a  member  of 
South  Alabama  Presbytery,  is  now  a  prisoner  in  the  hands 
of  the  enemy  ;  and  another.  Rev.  Dabney  Carr  Harrison,  a 
member  of  East  Hanover  Presbytery,  a  chaplain  and  an 
officer,  fell  mortally  wounded  at  Fort  Donelson,  Tenn., 
while  leading  his  men  in  one  of  the  bloodiest  battles  fought 
in  this  war.  His  name  will  be  embalmed  in  the  hearts  of 
his  countrymen,  and  will  be  held  in  veneration  by  the 
Church  of  which  he  was  an  ornament.  In  the  second 
place,  the  spiritual  condition  of  the  Church  as  affected 
by  the  war.  In  some  Presbyteries  a  number  of  congrega 
tions  have  been  disbanded,  and  their  members  driven  from 
their  homes  as  refugees,  seeking  an  asylum  among  stran 
gers.  In  other  places  prayer  meetings  are  held,  and  in 
one  or  two  Presbyteries,  revivals  of  religion  have  been 
manifested.  The  different  denominations  of  Christians 
have  been  drawn  together  liy  a  common  danger,  and  union 
prayer  meetings  have  been  abundant.  In  the  third  place, 
the  efforts  made  to  extend  the  kingdom  of  Christ  have 
been  preserved  in  some  churches  The  collections  for 
Foreign  Missions  and  other  objects  of  benevolence  have 
been  increased,  and  the  Churches  were  about  taking  up  the 
subject  of  Domestic  Missions  with  vigor,  when  the  assault 
of  the  enemy  upon  the  city  of  New  Orleans,  and  the  con 
sequent  removal  of  the  scat  of  operations  of  the  Assembly's 
Committee,  has  delayed  the  prosecution  of  their  plans. 
Nearly  all  the  Presbyteries  make  special  mention  that 
religious  instruction  is  faithfully  imparted  to  the  colored 
people.  We  cannot  but  rejoice  in  this  intelligence.  We 
have  the  motives  to  the  discharge  of  a  great  missionary 
work,  springing  from  the  bosom  of  every  family  and  the 
cabins  of  every  plantation. 

GENERAL  ASSEMBLY  OF  1864. 

May  5— The  body  met  in  Charlotte,  North 
Carolina — 37  Ministers  and  27  Elders  present. 

Reports  made  to  the  Assembly  state  that  there 
are  seven  students  at  the  Theo'ogical  Seminary 
in  Columbia,  and  one  in  Union  Seminary,  Vir 
ginia.  Mac:n  was  fixed  lor  the  meeting  of 
1865. 

UNION    OF    THE    OLD    AND    NEW  SCHOOL  CHURCHES. 

The  Lynchburg  Virginian  of  August,  1864, 
thus  notices  the  meeting  of  the  "  United  Synod 
of  the  Presbyterian  Church:" 

Tliis  body  has  been  in  session  for  several  days  in  that 
city.  Hut  few  ministers  are  present  owing  to  the  presence 
of  the  enemy  in  many  portions  of  the  South.  The  most 
important  business  executed  by  the  body  has  been  the  con 
summation  of  the  plan  for  uniting  the  two  branches  of  the 
Church.  The  old  and  new  schools  are  now  one. 
33 


RELIGIOUS    INSTRUCTION    OF    SLAVES. 

In  Harmony  Presbytery,  (S.  C.,)  October, 
1863,  a  report  of  the  Committee  on  the  reli 
gious  instruction  of  the  colored  people,  written 
by  Rev.  J.  Leighton  Wiison,  D.  D.,  contains 
these  recommendations : 

1.  That  every  Christian  master  should  aim  to  have  his 
negroes  attend  the  same  place  of  worship  with  himself. 
2.  That  a  small  chapel  should  be  erected  on  every  planta 
tion,  when-  the  black  people  might  be  assembled  every  Sab 
bath  afternoon  for  religious  worship,  and  where  they  may 
be  taught  hymns,  portions  of  Scripture,  and  receive  cate 
chetical  instruction.  3.  That  the  servants  of  every  planta 
tion  should  be  assembled  at  least  once  a  day  in  the  chapel 
for  prayers.  4.  That  the  household  servants  should  be  re 
quired  to  attend  morning  and  evening  prayers  with  the 
white  family.  5.  That  some  measures  be  adopted  by  Pret- 
bytery  m  regard  to  the  baptism  of  children  of  believing 
colored  parents.  6.  That  the  Presbytery  exert  all  the  in 
fluence  possible  to  render  sacred  and  permanent  the  mar 
riage  relation  between  the  colored  people,  and  especially 
among  the  members  of  the  Church. 

AN    EAST    TENNESSEE    CHURCH. 

Rev.  Dr.  Vance's  Church — Baker's  Creek 
Church,  Blount  county,  East  Tennessee — never 
united  with  the  Presbyterian  Church  Sovrth  ; 
and  the  session  did  not  hold  a  regular  meeting 
between  September,  1861,  and  May  10,  1864. 
The  Presbytery  of  Knoxville,  at  an  adjourned 
meeting  held  at  Pleasant  Forrest  Church,  Knox 
county,  on  the  Friday  preceding  the  second 
Sabbath  of  September,  1861,  passed  resolutions 
announcing  their  withdrawal  from  the  General 
Assembly  in  the  United  States,  and  recom 
mended  action  for  the  immediate  organization 
of  a  Southern  Assembly.  Rev.  Dr.  Vance  and 
J.  H.  McConnell,  the  Ruling  Elder  of  Baker's 
Creek  Church,  resisted  this  action  ;  and  declared 
their  continued  adherence  to  the  old  Assembly. 

BAPTIST. 

In  November,  1860,  the  Alabama  State  Con 
vention  of  Baptists  unanimously  passed  a  dec 
laration,  setting  forth  that  the  Union  had 
"  failed,  in  important  particulars,  to  answer 
the  purpose  for  which  it  was  created."  The 
declaration  closed  with  the  following  announce 
ment  : 

While,  as  yet,  no  particular  mode  of  relief  is  before  us  on 
which  to  express  an  opinion,  we  are  constrained,  before 
separating  to  our  several  homes,  to  declare  to  our  breth 
ren  and  fellow-citizens,  before  mankind  and  before  our  God, 
that  we  hold  ourselves  subject  to  the  call  of  proper  authority 
in  defence  of  the  sovereignty  and  independence  of  the  State 
of  Alabama,  and  of  her  right,  as  a  sovereignty,  to  with 
draw  from  this  Union,  and  to  make  any  arrangement  which 
her  people,  in  constitutional  assemblies,  may  deem  best  for 
securing  their  rights.  And  in  this  declaration  we  heartily, 
deliberately,  unanimously,  and  solemnly  UNITE. 

GEORGIA    BAPTIST    CONVENTION,    1861. 

April  29 — The  body  met  at  Athens,  and 
adopted,  unanimously,  these  resolutions,  which 
were  transmitted  to  the  "Confederate"  Con 
gress  by  Rev.  H.  M.  Crawford  : 

Whereas  the  State  Convention  of  Georgia,  in  the  legiti 
mate  exercise  of  her  sovereignty,  has  withdrawn  from  the 
Confederacy  known  as  the  United  States  of  America,  and, 
for  the  better  maintenance  of  her  rights,  honor,  and 
independence,  has  united  with  other  States  in  u  new  Con 
federacy,  under  the  title  of  the  Confederate  States  of 
America;  and  whereas  Abraham  Lincoln  is  attempting,  by 
force  of  arms,  to  subjugate  these  States,  in  violation  of 'the 
fundamental  principle  of  American  liberty;  therefore, 

Resolved  by  the  members  of  the  Baptist  Convention  of  the 
S*".te  of  Georgia,  That  we  consider  it  at  once  to  be  a  plcai*- 
i.i-e  and  a  dxity  to  avow  that  both  in  feeling  and  principle, 
we  approve,  indorse,  and  support  the  Government  of  the 
Confederate  States  of  America. 


514 


APPENDIX. 


2.  That  while  this  Convention  disclaims  all  authority,  ;  they  may  still  exercise  the  same  wise,  prompt,  elevated 


whether  ecclesiastical  or  civil,  yet  as  citizens  we  deem 
it  a  duty  to  urge  the  union  of  all  the  people  of  the 
South  in  defence  of  tho  Common  Cause,  and  to  express  the 
confident  belief  that  in  whatever  conflict  the  madness  of 
Mr.  Lincoln  and  his  Government  may  force  upon  us.  the 


Baptists  of  Georgia 


tot  be  behind  any  class  of  our  fel 


low-citizen*  in  Maintaining  the  Independence  of  the  South 
by  any  sacrifice  of  treasure  or  of  blood. 

3.  That  we  acknowledge  with  devout  thanksgiving 
to  Almighty  God,  the  signal  favor  with  which,  up  to  this 
time,  Ho  has  blessed  our  arms  and  our  policy,  and  that 
the  Baptist  Churches  of  this  State  be  requested  to  ob 
serve  the  first  and  second  days  of  June  next,  as  days  of 
fasting  and  prayer,  that  God  will  deliver  us  from  all  the 
power  of  our  enemies,  and  restore  peace  to  our  country. 

4.  That  the  Confederate  Government  be  requested  to  in 
vite  the  Churches  of  all    denominations  within  the  Con 
federacy  to  unite  in   observing  said  days  of  prayer  and 
fitsting. 

5.  f  h,it  copies  of  these  resolutions  be  sent  to  President 
Davis,   the  Confederate  Congress,   and    the  Governor   of 
Georgia. 

SOUTHERN    BAPTIST    CONVENTION,   1861. 

May  13 — The  body  met,  in  Savannah  ;  when 
the  following  report,  said  to  have  been  drawn 
by  Rev.  Dr.  11.  Fuller,  was  unanimously 
adopted  : 

We  hold  this  truth  to  be  self-evident,  that  governments 
are  established  for  the  security,  prosperity  and  happiness  of 
the  people.  When,  therefore,  any  government  is  perverted 
from  its  proper  designs,  becomes  oppressive,  and  abuses  its 
power,  the  people  have  a  right  to  change  it. 

As  to  the  States  once  combined  upon  this  continent,  it  is 
now  manifest  that  they  can  no  longer  live  together  as  one 
confederacy. 

The  Union  constituted  by  our  forefathers  was  one  of  coequal 
sovereign  States.  The  fanatical  spirit  of  the  North  has  long 
been  seeking  to  deprive  us  of  rights  and  franchises  guar 
anteed  by  the  Constitution ;  and  after  years  of  persistent 
aggression,  they  have  at  last  accomplished  their  purpose. 

In  vindication  of  their  sacred  rights  and  honor,  in  self 
defence,  and  for  the  protection  of  all  which  is  dear  to  man 
the  Southern  States 


le  protei 
iss  have 


practically  asserted  the  right  of 

seceding  from  a  union  so  degenerated  from  that  established 
by  the  Constitution,  and  they  have  formed  for  themselves 
a  government  based  upon  the  principles  of  the  original 
compact — adopting  a  charter  which  secures  to  each  State 
its  sovereign  rights  and  privileges.  This  new  government, 
in  thus  dissolving  former  political  connections,  seeks  to 
cultivate  relations  of  amity  and  good  will,  with  its  late 
confederates  and  with  all  the  world;  and  they  have  thrice 
sent  special  commissioners  to  Washington  with  overtures 
of  peace,  and  for  a  fair,  amicable  adjustment  of  all  d-ilti- 
culties.  The  Government  at  Washington  has  insultingly 
repelled  these  proposals,  and  now  insists  upon  letting  loose 
hordes  of  armed  soldiers  to  pillage  and  desolate  the  entire 
South,  for  the  purpose  of  forcing  the  seceded  States  back 
into  unnatural  union,  or  of  subjugating  them  and  holding 
them  as  conquered  provinces. 

While  the  two  sections  of  the  land  are  thus  arrayed 
against  each  other,  it  might  naturally  have  been  hoped 
that  at  least  the  churches  of  the  North  would  interpose 
and  protest  against  this  appeal  to  the  sword,  this  invoking 
of  civil  war,  this  deluging  the  country  in  fratricidal  blood; 
but  with  astonishment  aiid  grief,  wo  find  churches  and 
pastors  of  the  North  breathing  out  slaughter,  and  clamor 
ing  for  sanguinary  hostilities  with  a  fierceness  which  we 
would  have  supposed  impossible  among  the  disciples  of  the 
Prince  of  Peace. 

In  view  of  such  premises,  this  Convention  cannot  keep 
silence.  Recognizing  the  necessity  that  the  whole  moral 
influence  of  the  people,  in  whatever  capacity  or  organi 
zation,  should  be  enlisted  in  aid  of  the  rulers  who,  by  their 
KuftYagcs,  have  been  called  to  defend  the  endangered  in 
terests  of  person  and  prop.-rty,  of  honor  and  liberty,  it  is 
bound  to  utter  its  voice  distinctly,  decidedly,  emphatically ; 
and  your  Committee  recommend,  therefore,  the  subjoined 
resolutions: 

Resolved,  That  impartial  history  cannot  charge  upon 
the  South  the  dissolution  of  the  Union.  She  was  foremost 
in  advocating  and  cementing  that  Union.  To  that  Union 
she  clung  through  long  years  of  calumny,  injury,  and  in 
sult.  Slie  has  never  ceased  to  raise  her  warning  appeals 
against  the  fanaticism  which  has  obstinately  and  inces 
santly  warred  against  that  Union. 

2.  That  wo  most  cordially  approve  of  the  formation  of 
the  government  of  the  Confederate  States  of  America,  and 
admire  and  applaud  the  noble  course  of  that  government 
up  to  this  on-sent  time. 

3.  That  we  shnll  assiduously  invoke  tha  Divine  direction 
and  favor  in  behalf  of  those  who  bear  rule  among  us,  that 


statesmanship  which  has  hitherto  characterized  their 
measures:  that  their  enterprises  may  be  attended  with 
success;  and  that  they  may  attain  a  great  reward,  not 
only  in  seeing  these  Confederate  States  prosper  under  their 
administration,  but  in  contributing  to  the  progress  of  the 
transcendent  kingdom  of  our  Lord  Jesus  Christ. 

4.  That  we  most,  cordially  tender  to  the  President  of  tlHJ 
Confederate  States,  to  his  Cabinet,  and  the  members  of  the 
Congress  now  convened  at  Montgomery,  the  assurances  of 
our  sympathy  and  entire  confidence.    With  them  are  o:ir 
hearts  and  our  hearty  co-operation. 

5.  That  the  lawless  reign  of  terror  at  the  North,  the 
violence  committed  upon  unoffending  citizens,  above  all, 
the  threats  to  wage  upon  the  South  a  warfare  of  savage 
barbarity,  to  devastate  our  homes  and  hearths  with  hosts  of 
ruffians  and  felons  burning  with  lust  and  rapine,  ouglu  to 
excite  the  horror  of  all  civilized  people.    God  forbid  that 
we  should  so  far  forget,  the  spirit  of  Jesus  as  to  suffer  malice 
and  vindictiveness  to  insinnate  themselves  into  our  hearts; 
but  every  principle  of  religion,  of  patriotism,  and  of  hu 
manity,  calls  upon  us  to  pledge  our  fortunes  and  lives  in 
the  good  work  of  repelling  an  invasion  designed  to  destroy 
whatever  is  dear  to  our  heroic  traditions ;  whatever  is  sweet 
in  our  domestic  hopes  and  enjoyments;  whatever  is  essen 
tial  to  our  institutions  and  our  very  manhood ;  whatever  is 
worth  living  or  dying  for. 

6.  That  we  do  now  engage   in   prayer  for  our  friends, 
brothers,  fathers,  sons,  and  citizen  soldiers,  who  have  left 
their  homes  to  go  forth  for  the  defence  of  tlu-ir  families  and 
friends  and  all  which  is  dearest  to  the  human  heart :  and  wn 
recommend  to  the  churches  represented  in  this  bodj,  that 
they  constantly  invoke  a  holy  and  merciful  God  to  guard 
them  from  the  temptations  to  whi  ;h  they  are  exposed,  to 
cover  their  head  in  the  day  of  battle,  and  to  give  victory  to 
their  arms. 

7.  That  we  will  pray  for  our  enemies  in  the  spirit  of  that 
Divine  Master,  who  "when  He  was  reviled,  He  reviled  not 
again,''  trusting  that  their  pitiless  purposes,  may  be  frus 
trated,  that  God  will  grant  to  them  a  more  politic,  a  more 
considerate,  and  a  more  Christian  mind;  that  tho  fratrici 
dal  strife  which  they  have  decided  upon,  notwithstanding 
all  our  commissions  and  pleas  for  peace, may  be  arrested  by 
the  Supreme  Power,  who  makeththe  wrath  of  man  to  praise 
Him;  and  that  thus,  through  a  divine  blessing,  «he  pros 
perity  of  these  sovereign  and  once  allied  States,  may  be  re 
stored  under  the  two  governments  to  which  they  now  and 
henceforth  respectively  belong. 

8.  That  wo  do  recommend  to  the  churches  of  the  Bap 
tist  denomination  in  the  Southern  States  to  observe   the 
Island  2ddays  of  June  as  days  of  humiliation,  fasting,  and 
prayer   to  Almighty  God,  that   he   may  avert  any  calam 
ities  due  to  our  sins  as  a  people,  and  may  look  witli  mercy 
and  favor  upon  us. 

9.  That  whatever  calamities  may  come  upon  us,  our  firm 
trust  and  hope  are  in  God,  through   the   atonement  of  His 
Son,  and  we  earnestly  beseech  the  churches  represented  in 
this  body,  (a  constituency  of  six  or  seven  hundred  thousand 
Christians,)  that  they  be  fervent  and  importunate  in  prayer, 
not  only  for  the  country,  hut  for  the  enterprises  of  the  Gos 
pel  which  have  been  committed  to  our  care.    In  the  war  of 
the  Revolution,  and  in  the  war  of  1812,  the  Baptist   bated 
no  jot  of  heart  or  hope  for  the  Redeemer's  cause.    Their 
zeal  and  liberality  abounded  in  their  deepest  afflictions. 
We  beseech  the  churches  to  cherish  the  spirit  and  imitate 
the  example  of  this  noble  army  of  saints  and  heroi-s;  to 
bo  followers  of  them  who,  through  faith  and  patience,  in 
herit  the  promises;  to  be  steadfast,  unmoveable,  always 
abounding  in  the  work  of  the  Lord,  forasmuch  as  they 
know  that  their  labor  is  not  in  vain  in  the  Lord. 

10.  That  these  resolutions  be  communicated  to  the  Con 
gress  of  the  "Confederate  States"  at  Montgomery,  with 
the  signatures  of  the  President  and  Secretaries  of   the 


Convention. 
P.  II.  MELL,  Ga.; 
JAMES  E.  BllOOME,  Fla.; 
G.  II.  MARTIN,  Miss.; 
W.  CAREY  CRANE,  La.; 
R.  FULLER,  Md. ; 


JAMES  B.  TAYLOR,  Va.; 
R.  B.  C.  HOWKLL,  Tenn.; 
L.  W.  ALLEN,  Ky.; 
J.  L.  PRICIIAUD.N.  C.; 
E.T.  WINKLEK,  S.C.; 


B.  MANLEY,  SR.,  Ala., 

Committee. 

BAPTIST    CONVENTION   OF   SOUTH  CAROLINA,  1861. 

July  25 — The  body  met  at  Spartanburg — 
Hon.  J.  B.  O'Neall,  President;  Rev.  Mr.  Lan- 
druin,  Vice-President ;  Rev.  Mr.  Breaker,  Sec 
retary;  Prof  Judson,  Treasurer. 

On  the  State  of  the  Country,  the  following 
resolution,  oft'ered  by  Dr.  W.  Curtis,  was  unan- 
mously  adopted : 

Resolved,  That  in  the  present  peculiar  condition  of  oui 


APPENDIX. 


515 


political  affairs,  it  becomes  us  thus  to  assure  our  beloved 
-country  of  our  sympathies,  prayers,  and  thanksgiving  on 
her  behalf;  that  so  far  nx  we  cun  understand  the  remarka 
ble  openings  and  guidance  of  Divine  Providence,  we  have 
but  received,  in  almost  every  instance,  the  merciful  bless 
ings  of  our  God  as  approbation  upon  the  plans  our  State 
and  the  Southern  Confederacy  have  deemed  it  b^st  to 
..dopt — that  now  especially,  in  the  unprecedented,  vindic 
tive,  and  deadly  strife  against  us,  to  which  those  who  but 
recently  spoke  of  us  as  brethren  are  urging  one  another, 
-we  can  but  rejoice  in  the  oneness  of  our  brethren  of  this 
State,  in  prayer  and  effort,  to  defend  our  homes,  our  liber 
ties,  and  our  churches;  and  encourage  them  to  be  assured, 
that,  as  hitherto,  putting  our  faith  in  God,  though  each  of 
us  may  have  much  to  bear,  yet  the  rod  will  not  finally 
rest  upon  us,  but  that  in  this  most  wicked  attack  upon  our 
otherwise  peaceful  homes,  the  wickedness  of  the  wicked 
will  return  on  their  own  heads. 

MvBUIAGE  OP  SLAVES. 

The  Baptist  Association  of  Georgia,  in  its 
meeting  of  1864,  adopted  this  resolution: 

Resolved,  That  it  is  the  firm  belief  and  conviction  of 
this  body  that  the  institution  of  marriage  was  ordained  by 
Almighty  God  for  the  benefit  of  the  whole  human  race, 
without  "respect  to  color;  that  it  ought  to  be  maintained 
in  its  original  purity  among  all  classes  of  people,  and 
in  all  countries,  and  in  all  i.ges  until  the  end  of  time ;  and 
that,  consequently,  the  law  of  Georgia,  in  its  failure  to 
recognize  and  protect  this  relation  between  our  slaves,  is 
essentially  defective,  and  ought  to  be  amended. 


PROTESTANT  EPISCOPAL. 

DIOCESE    OP    ALABAMA,     1861. 

May — The  Protestant  Episcopal  Convention 
of  A'ab^ma  adopted  tt;is  ordinance  : 

Whereas  the  Constitution  of  the  Diocese  of  Alabama  was 
adopted  when  the  said  Diocese  actually  was,  on  the  presump 
tion  of  its  co7itinuing  to  be,  a  part  of  the  "  Protestant  Epis 
copal  Church  in  the  United  States  ;"  and  whereas  the  State  of 
Alabama  is  no  longer  a  part  of  the  United  States,  there 
fore  it  is  hereby  declared  by  this  Convention  that  the  first 
urticle  of  the  Constitution  of  the  Diocese,  with  all  those 
canons,  or  portions  of  canons,  dependent  upon  it,  are  null 
and  void.  It  is  furthermore  declared  that  all  canons,  or 
portions  of  canons,  both  Diocesan  and  general,  not  neces 
sarily  dependent  upon  the  recognition  of  the  authority  of 
the  Church  in  the  United  States,  are  hereby  retained  in 
force.  This  declaration  is  not  to  be  construed  as  affecting 
faith,  doctrine  or  communion. 

The  form  of  service  in   the  seceded  States 
passed  through  teveral  transformations.   First 
the  Governor  of  every  seceded  State  was  sub 
stituted  in  the  public  prayer  for  the  President  of 
the  United  States.     Then  the  Governors   gave 
way  to  the  President  of  the  Southern  Confed 
eracy.       An    example    of   these  variations   is 
found   in  the   following  pastoral   letter  of  the 
Bishop  of  the  diocese  of  Louisiana  : 
To  the  Clergy  of  tfie  Diocese  of  Louisiana : 

The  progress  of  affairs  makes  it  expedient  to  direct  fur 
ther  changes  in  the  public  service  of  the  Church. 

In  the  prayer  for  those  in  civil  authority,  for  the  words 
'•th«  President  of  the  United  States,"  substitute  the  words 
"the  President  of  the  Confederate  States." 

In  the  special  prayer  set  forth  iu  my  letter  of  the  30th 
ultimo,  for  the  words  "  and  the  Convention  of  Southern 
fctatep,"  substitute  the  words  "  and  the  Congress  of  the 
Confederate  States." 

Th«  prayer  for  the  Legislature,  as  already  indicated,  will 
be  continued  during  its  sessions. 

I  remain,  very  truly,  your  servant  in  Christ, 

LEONIDAS  POLK, 
Bishop  of  the  Diocese  of  Louisiana. 

NEW  ORLEANS.  Feb.  20, 1861. 

A  pastoral  letter  from  Bishop  Polk,  of  that 
diocese,  contait  s  this  passage  : 

"  Our  separation  from  our  brethren  of  '  The  Protestant 
Episcopal  Church  in  the  United  States'  has  been  effected, 
fceam.se  we  must  follow  our  nationality.  Not  because  there 
has  bo«n  any  difference  of  opinion  as  to  Christian  doctrine 
«v  catholic  usage.  Upon  these  points  we  are  still  one. 
With  us  it  is  a  separation,  not  a  division — certainly  not 
alienation.  And  there  is  no  reason  why,  if  we  should  find 
the  union  of  our  dioceses  under  our  national  Church  im 


practicable,  we  should  cease  to  feel  for  each  other  the 
respect  and  regard  with  which  purity  of  manners,  high 
principle,  and  a  manly  devotion  to  truth  never  fail  to  in 
spire  generous  minds.  Our  relations  to  each  other  hereaf 
ter  will  be  the  relations  we  both  now  hold  to  the  men  of 
our  mother  Church  of  England." 

"  CONFEDERATE"  EPISCOPAL  CHURCH,  1861. 

November — At  a  General  Convention  held 
in  Columbia,  S.  C.,  the  Constitution  of  the 
Protestant  Episcopal  Church  in  the  Confed 
erate  States  of  America  was  adopted — all  the 
bishops  present  except  Bishop  Polk,*  with  a 
full  attendance  of  clerical  and  lay  deputies  ; 
Bishop  Meade  presided.  The  Richmond  Ex 
aminer  of  Nov.  14  says: 

The  general  tone  of  its  deliberations,  though  entirely  free 
from  asperity  toward  the  Church  of  the  North,  gave  evi 
dence  of  a  deep  and  settled  conviction,  on  every  hand,  that 
the  separation  in  church  organization,  like  that  in  civil 
government,  was,  and  ought  to  be,  complete  and  perpetual. 

PASTORAL    LETTER    OF    THE    BISHOPS,    1862. 

Nov.  22 — The  session  of  the  First  General 
Council,  held  at  Augusta,  was  closed  by  read 
ing  an  Address,  from  which  these  extracts  are 
made  : 

Seldom  has  any  Council  assembled  in  the  Church  of 
Christ  under  circumstances  needing  His  presence  more 
urgently  than  this  which  is  now  about  to  submit  its  con 
clusions  to  the  judgment  of  the  Universal  Church.  Forced 
by  the  Providence  of  God  to  separate  ourselves  from  the 
i  Protestant  Episcopal  Church  in  the  United  States— a  Church 
j  with  whose  doctrine,  discipline,  and  worship  we  are  in  en 
tire  harmony,  and  with  whose  action,  up  to  the  time  of 
I  that  separation,  wo  were  abundantly  satisfied — at  a  moment 
when  civil  strife  had  dipped  its  foot  in  blood,  and  cruel  war 
was  desolating  our  homes  and  firesides,  we  required  a  dou 
ble  measure  of  grace  to  preserve  the  accustomed  modera 
tion  of  the  Church  in  the  arrangement  of  organic  law,  iu 
the  adjustment  of  our  code  of  canons,  but  above  all,  in  the, 
preservation,  without  change,  of  those  rich  treasures  of 
doctrine  and  worship  which  have  come  to  us  enshrined  iu 
our  Book  of  Common  Prayer. 

The  Constitution  of  the  Protestant  Episcopal  Church  in 
the  Confederate  States,  under  which  we  have  been  exer- 


*  A  correspondent  of  the  New  Orleans  Picayune,  writing 
from  Richmond,  gives  these  curious  particulars  of  the.  way 
in  which  Right  Rev.  Dr.  Polk,  Bishop  of  the  Episcopal 
Church  for  the  Diocese  of  Louisiana,  came  to  forsake  the 
gown  for  the  sword : 

'•  The  Right  Rev.  Leonidas  Polk,  of  Louisiana,  has  been 
commissioned  Major  General  in  the  army  of  the  Confeder 
ate  States.  The  appointment  has  been  urged  upon  Bishop 
Polk  for  several  weeks,  but  ho  has  had  some  hesitation  iu 
accepting  it.  A  few  days  since  he  paid  a  visit  to  the  veu- 
erable  Bishop  Meade,  at  his  homo  near  Winchester,  to  con 
sult  with  him  about  it.  The  result  was  that  he  has  con 
cluded  to  accept  it. 

"  Bishop  Meade  told  him  truly  that  he  already  held  a  com 
mission  in  a  very  different  army,  to  which  he  held  allegi 
ance  '  till  life's  journey  ends.' 

"  '  I  know  that  very  well,'  replied  Bishop  Polk,  '  and  I 
do  not  intend  to  resign  it.  On  the  contrary,  I  shall  only 
prove  the  more  faithful  to  it  by  doing  all  that  in  me  lies  to 
bring  this  unhallowed  and  unnatural  war  to  a  speedy  and 
happy  close.  We  of  the  Confederate  States  are  the  last 
bulwarks  of  civil  and  religious  liberty;  we  fight  for  our 
hearthstones  and  our  altars;  above  all  wo  fight  for  a  race 
that  has  been  by  Divine  Providence  entrusted  to  our  most 
sacred  keeping.  When  I  accept  a  commission  in  the  Con 
federate  army,  therefore,  I  not  only  perform  the  duties  of 
a  good  citizen,  but  contend  for  the  principles  which  lie  at' 
the  foundation  of  our  social,  political,  and  religious  polity.' ' 

Bishop  Burgess,  of  Maine,  in  addressing  the  Diocesan 
Convention  of  that  State,  thus  alluded  to  this  circumstance  : 

"  It  is  probably  stated,  with  every  appearance  of  authen 
ticity,  that  one  of  the  Southern  Bishops  of  our  Church  has 
accepted  a  high  command  iu  the  army  of  the  revolted 
States.  The  present  remark  will  be  withheld  from  the 
press,  unless  the  statement  should  be  confirmed.  If  it  be 
true,  it  is  an  act  of  dishonor  to  the  Episcopate,  unparalleled 
except  in  the  darkest  periods  and  the  most  corrupt  commu 
nions.  The  hands  of  the  ministry  were  always  held  back 
from  bloodshed,  even  though  the  cause  were  most  just." 

The  Bishop-General  was  killed  near  Marietta,  Georgia, 
June  14, 1864,  by  a  shell  fired  from  a  gun  belonging  to  the 
4th  Corps,  General  Sherman's  army. 


516 


APPENDIX. 


cising  our  legislative  functions  is  the  same  as  that  of  the  of  the  Church  are  those  which  best  suit  a  people  pawing 
Church  from  which  we  have  been  providentially  separated,  '  from  ignorance  to  civilization,  because  while  it  represses 
save  that  we  have  introduced  into  it  a  germ  of  expansion  !  all  fanaticism,  it  fastens  upon  the  memory  the  great  fa<  t* 
which  was  wanting  in  the  old  constitution.  This  is  found  i  of  our  religion,  and  through  its  objective  worship  utt.ac  to 
in  the  permission  which  is  granted  to  existing  Dioceses  to  and  enchains  them.  So  far  from  relaxing,  in  their  case, 
form  themselves  by  subdivision  into  Provinces,  and  by  this  the  forms  of  the  Church,  good  will  ho  permanently  done 
process  gradually  to  reduce  our  immense  Dioceses  into  j  to  them  just  in  proportion  as  we  teach  them  through  thoir 
Episcopal  Sees,  more  like  those  which  in  primitive  times  |  senses  and  their  affections.  If  subjected  to  tho  trur'nu^s 


•d  the  territories  of  the  Roman  Empire. 
The  Prayer  Book  we  have  loft  untouched  in  every  par- 
ticul  ir  save  where  a  change  of  our  civil  government  and 
the  formation  of  a  new  nation  have  made  alteration  essen 
tially  requisite.  Three  words  comprise  all  tho  amendment 
which  has  been  deemed  necessary  in  the  present  emergency, 
for  we  have  felt  unwilling,  in  tho  existing  confusion  of 
i  flairs,  to  lay  rash  hands  upon  the  Book,  consecrated  by  tho 


of  a  bald  spiritualism,  they  will  find  food  for  their  senses 
and  their  child-like  fancies  in  superstitious  observances  of 
their  own,  leading  too  often  to  crime  and  licentiousness. 

It  is  likewise  the  duty  of  the  Church  to  press  uj  on  tho 
masters  of  the  country  their  obligation,  as  Christian  men, 
so  to  arrange  this  institution  as  not  to  necessitate  the  vio 
lation  of  those  sacred  relations  which  God  has  created,  and 
which  man  cannot,  consistently  with  Christian  duty,  an 


use  of  ages,  and  hallowed  by  associations  tho  most  sacred  j  mil.     The  systems  of  labor  which  prevail   in   Europe  and 


and  precious. 

Our  next  source  of  encouragement  is  that  we  enter  upon 
our  work  with  our  Dioceses  fully  organized,  and  with  tho 
means  which  Christ  has  instituted  in  His  Church  well  dis- 


which  are,  in  many  respects,  more  severe  than  ours,  are  so 
arranged  as  to  prevent  all  necessity  for  the  separation  of 
parents  and  children,  and  of  husbands  and  wives,  and  a  very 
little  care  upon  our  part,  would  rid  the  system  upon  which 


tributed  throughout  the  Confederate  States.     When  we  re-    weare  about  to  plant  our  national  life,  of  these  unchristian 
member  the  very  different  auspices  under  which  the  ven-  j  features.    It  belongs,  especially,  to  the  Episcopal  Church 


erated  Fathers  of  the  American  Church  began  their  work, 
and  mark  how  it  has  grown  and  prospered,  we  should  in 
deed  take  courage  ami  feel  no  fear  for  the  future.  In  their 
caso  all  their  ecclesiastical  arrangements  had  to  be  organ 
ized;  in  our  case  we  find  these  arrangements  all  ready  to 


to  urge  a  proper  teaching  upon  this  subject,  for  in  her  fold 
and  in  her  congregations  are  found  a  very  large  proportion 
of  the  great  slaveholders  of  the  country.  \Ve  rejoice  to 
he  enabled  to  say  that  the  public  sentiment  is  rapidly  be 
coming  sound  upon  this  subject,  and  that  the  Legislatures 


our  hand,  and  with  the  seal  of  a  happy  experience  stamped  of  several  of  the  Confederate  States  have  already  taken 
upon  them.  In  their  case  every  prejudice  of  the  land  was  I  steps  towards  this  consummation.  Hitherto  have  we  been 
strong  against  them.  In  our  case  we  go  forward  with  the  j  hindered  by  the  pressure  of  abolitionism;  now  that  we 
leading  minds  of  our  new  Republic  cheering  us  on  by  their  j  have  thrown  off  from  us  that  hateful  and  infidel  pestilence, 


communion  with  us,  and  with  no  prejndicatione  to  over 
come,  pave  those  which  arise  from  a  lack  of  acquaintance 
with  our  doctrine  and  worship.  In  their  case  they  were 
indeed  few  and  separated  far  from  one  another  in  their 
work  upon  the  walls  of  Zion.  In  our  case  we  are  compar 
atively  well  compacted,  extending  in  an  unbroken  chain 
of  Dioceses  from  th«  Potomac  to  the  confines  of  the  Re 
public.  Despite  all  these  disadvantages,  "tho  little  one 
became  a  thousand  and  the  small  one  a  strong  nation,"  and 
shall  we  despond?  If  wy  be  watchful,  and  strengthen  the 
things  that  remain,  our  God  will  not  forsake  us,  but  will 
"  lengthen  our  cords  and  stretch  forth  the  curtains  of  our 
habitations.''  In  visible  token  of  this  fact,  we  have  al 
ready,  since  our  organization,  added  to  the  House  of  Bishops 
the  lit.  Rev.  Dr.  Wilmer  as  Bidiop  of  Alabama,  and  re 
ceived  into  communion  with  the  Church  the  Diocese  of 
Arkansas. 

Another  source  of  encouragement  is  that  there  has  been 
no  division  in  the  Church  in  the  Confederate  States.  Be 
lieving,  with  a  wonderful  unanimity,  that  tho  providence  of  i  ,  -  .  wrpri,Mi  v.v  t}1A  W.1T.  '  cprmr-itf 

Deei  l  Dv  u 


we  should  prove  to  the  world  that  we  are  faithful  to  our 
trust,  and  the  Church  should  lead  the  hosts  of  the  Lord  in 
this  work  of  justice  and  of  mercy. 

METHODIST  EPISCOPAL. 
It  is  difficult  to  get  information  respecting 
this  Church.  Its  General  Conference  was 
to  have  been  held  in  1862,  in  New  Or 
leans,  but  the  city  fell  before  that  date  ;  and 
there  has  been  no  meeting  of  the  body  since. 
Its  book  concern  (in  Nashville)  came  into 
our  possession  at  an  early  day,  and  is  un 
der  proceedings  of  confiscation.  Few  of  the 
Annual  Conferences  have  been  held,  and  the 
organization  of  the  Church  appears  to  have 


E 


God  had  guided  our  footsteps,  and  for  His  own  inscrutable  j  . 

;irposes  had  forced  us  into  a  separate  organization,  there 
i<  b'-en  nothing  to  embarrass  us  in  the  preliminary  move 
ments  which  have  conducted  us  to  our  present  position. 
With  one  mind  and  with  one  heart  we  have  entered  upon 
this  blessed  work,  and  we  stand  together  this  day  a  band 
of  brothers,  one  in  faith,  one  in  hope,  one  in  charity.  There 
may  be  among  us,  as  there  always  must  be,  minute  differ 
ences  of  opinion  and  feeling,  but  there  is  nothing  to  hin 
der  our  keeping  tho  unity  of  the  spirit  in  the  bond  of  peace. 
We  arc  all  satisfied  that  we  are  walking  in  tho  path  of 
dutv.  and  that  the  light  of  God's  countenance  has  beon 
wonderfully  lifted  up  upon  us.  He  has  comforted  us  in 
our  darkest  hours,  and  has  not  permitted  our  hearts  to 
faint  in  the  day  of  adversity.  * 

Many  of  the  States  of  this  Confederacy  are  Missionary 
ground.  The  population  is  sparse  and  scattered ;  the  chil 
dren  of  the  Church  are  lew  and  far  between;  tho  Priests  of 
tho  Lord  can  reach  them  only  after  great  labor  and  privn- 

tii ,  Hitherto  ha:*  their  scanty  subsistence  been  eked  out 

from  the  common  treasury  of  our  united  Church  Cut  off 
from  that  recourse  by  our  political  action,  in  which  they 
have  h"artily  acquiesced,  they  turn  to  us  and  pray  us  to  do 
at  lc:ist  as  much  for  them,  as  we  have  been  accustomed  to 
do  for  the  Church  from  which  they  have  been  separated  by 
a  civil  necessity.  We  can  do  what  they  ask,  and  we  ought 
cheerfully  to  do  it.  * 

The  time  has  come  when  the  Church  should  press  more 
urgently  than  she  has  hitherto  done  upon  her  laity,  the 
solemn  fact,  that  tho  slaves  of  the  South  are  not  merely 
BO  much  property,  but  are  a  sacred  trust  committed  to  us, 
as  a  people,  to  bo  prepared  for  the  work  which  God  may 
have  for  them  to  do  in  the  future.  While  under  this  tute 
lage  lie  fieely  gives  to  us  their  labor,  but  expects  us  to 
give  back  to  thorn  Jhat  religious  and  moral  instruction 
which  i.s  to  elevate  them  in  tho  scale  of  Being.  And  while 
inculcating  this  truth,  the  Church  must  offer  more  freely 


in  1845,  from  the  Methodist  Church  North,  on 
the  Slavery  Question. 

This  item  appeared  in  one  of  the  Georgia 
newspapers  : 

AUGUSTA,  August  1, 186i.— Bishop  Pierce,  of  the  Metho 
dist  Episcopal  Church  South,  calls  upon  the  Methodists  of 
tho  State  to  meet  on  Wednesday,  August  10.  for  special 
prayer  for  victory  and  the  expulsion  of  tho  foe  fruin  our 
State. 

CATHOLIC. 

No  Church  body  appears  to  have  taken  ac 
tion. 

Bishop  Lynch  of  Charleston  early  espoused 
the  "Confederate"  cause,  and  early  in  1861 
had  a  correspondence  with  Archbishop  Hughes 
on  the  rightfulness  of  secession.  He  has 
since  been  in  Europe  as  Confederate  agent. 

In  1861,  the  New  Orleans  Catholic  Standard 
published  these  editorial  articles: 

Let  no  Southern  child  be  educated  outside  the  limits  of 
the  Confederate  States.  We  have  excellent  schools  and 
colleges  at  Richmond  and  Norfolk  in  Virginia;  at  Charles 
ton  and  Columbia  in  South  Carolina;  at  Savannah  and 
Augusta  in  Georgia;  at  St.  Augustine  in  Florida;  at  Mo 
bile  in  Alabama;  at  Bay  St.  Louis,  Pass  Christian,  Sulphur 
Springs,  Vicksburg,  and  Natchez,  Mississippi;  at  Fort 
Smith,  Helena  and  Little  Rock  in  Arkansas;  at  Marks- 
ville  and  Memphis  in  Ti  nnossiv;  at  (ialves-on.  New 


Hraunfels,  Sun  Antonio,  Brownsville,  and  Liberty  in  Texas; 


her  ministrations  for  their  benefit  and  improvement.  Her  and  at  St.  Michael's,  Grand  Coteau,  Vermillionville,  Tbibo- 
laity  must  set  the  example  of  readiness  to  fulfill  their  duty  j  deaux,  Donaldsonville,  Natchitoches,  Avoyelles,  Alexandria, 
towards  these  people,  and  her  clergy  must  strip  themselves  I  Shreveport,  Iborville,  Algiers,  and  New  Orleans  in  Louisi- 
of  pride  and  fastidiousness  and  indolence,  and  rush  with  I  ana.  The  social  bonds  between  us  and  the  Catholics  at  the 
the  zeal  of  martyrs,  to  this  labor  of  love.  The  teachings  |  North  have  been  severed  by  them.  Wo  acknowledge 


APPENDIX. 


517 


people  be  careful  not  to  war  against  His  will.  It  is  not 
pretended  that  the  war  is  to  maintain  religious  freedom,  or 
extend  the  kingdom  of  Christ.  Then,  God's  people  should 
beware  how  they  wage  or  encourage  it.  In  tho  name  of 
Christ  and  His  divine  teachings,  we  protest  agaiust  tha 
war  which  the  Government  at  Washington  is  waging 
against  the  territory  and  people  of  tho  Southern  States; 
and  we  call  upon  all  the  Young  Men's  Christian  Associ;u- 
tions  in  the  North  to  unite  with  us  in  this  solemn  protest. 

ADDRESS  OF  THE  "CONFEDERATE" 
CLERGY,  1863- 

ADDRESS  TO  CHRISTIANS  THROUGHOUT  THE 
WORLD,  BY  THE  CLERGY  OF  THE  CONFEDE 
RATE  STATES  OF  AMERICA. 

CHRISTIAN  BRETHREN,— In  the  name  of  our  Holy  Chris 
tianity,  we  address  you  in  this  form,  respecting  matters  of 
great  interest  to  us,  which  we  believe  deeply  concern  the 
cause  of  our  Blessed  Master,  and  to  which  we  invoke  your 
serious  attention. 

Wo  speak  not  in  the  spirit  of  controversy,  not  by  politi 
cal  inspiration,  but  as  the  servants  of  the  Most  High  God,  wa 
speak  the  "  truth  in  love,"  concerning  things  which  make 
for  peace. 

In  the  midst  of  war — surrounded  by  scenes  that  pain 
the  souls  of  all  good  men — deploring  the  evils  which  are 
inseparable  from  national  contentions — we  feel  most  deeply 
impressed  by  the  conviction,  that  for  our  own  s-ike,  for  the 
sake  of  our  posterity,  for  the  sake  of  humanity,  for  the 
sake  of  the  truth,  and,  above  all,  for  the  sake  of  our  Re 
deemer's  Kingdom,  it  behoves  us  to  testify  of  certain  things 
in  our  beloved  land,  which  seem  to  be  neither  understood 

instructions  of  your  Government,  you  have  sent  me  a  copy  |  nor  appreciated  by  our  enemies,  nor  yet  clearly  appreciated 
of  thu  manifesto  issued  by  the  Congress  of  the  Confcd-  j  by  Christians  of  other  nations. 

era  te  States  and  approved  by  the  most  honorable  President,  i  We  put  forth  this  address  after  much  prayer,  solemnly 
in  order  that  the  attention  of  the  Government  of  the  Holy  !  invoking  the  blessing  of  Almighty  God,  and  committiLg 
See.  to  whom,  as  well  as  to  the  other  Governments,  you  ,  what  we  say  to  that  Providence  by  which  we  trust  we  are 
have  addressed  yourselves,  might  be  called  to  it.  Tho  sen-  '  directed,  and  by  whose  authority  and  power  the  govern- 
tinients  expressed  in  the  manifesto,  tending  as  they  do  to  i  meiits  of  the  earth  stand  or  fall. 

the  cessation  of  the  most  bloody  war  which  still  rages  in  If  we  were  moved  to  make  this  address  by  any  fears  of 
your  countries,  and  the  putting  an  end  to  the  disasters  j  the  final  issue  of  the  war  in  which  our  country  is  now  en- 
wlu.'h  accompany  it  by  proceeding  to  negotiations  for  i  gage  1.  by  any  inclination  to  meddle- with  political  ques 
tions,  by  any  desire  to  resume  controversy  in  respect  to 
matters  which  have  been  referred  to  the  arbitration  of  tho 
»word;  if  indeed  anything  that  compromised  the  simplici- 

Holy  Father.  His  Holiness,  who  has  been  deeply  i  ty,  dignity,  and  purity  of  Christian  duty  moved  us  to  issue 
ai"ict  d  by  the  accounts  of  the  frightful  carnage  of  this  i  this  address,  we  should  deserve  to  have  it  despised  by  you, 
obstinate  struggle,  has  heard  with  satisfaction  the  expres-  i  and  could  hope  for  no  blessing  of  God  to  rest  upon  it.  But 
bion  of  the  same  sentiments.  Being  the  vicar  on  earth  of  |  for  all  that  we  say  in  the  following  declarations,  we  are 
that  God  who  is  t!io  author  of  peace,  he  yearns  to  see  these  i  willing  to  be  judged  by  succeeding  generations,  and  to 


them  no  longer  as  our  countrymen.    They  and  their  insti 
tutions  have  no  claims  upon  us. 

O;ir  Charleston  brother  is  not  alone  in  the  satisfaction  he 
feels  at  the  loyalty  of  the  Catholic  Celts  to  their  adopted 
State.  We  are  proud  in  being  able  to  claim  similar  honors 
for  our  Hibernian  friends.  A  very  large  majority  of  what  is 
styled  tho  Irish  vote  in  this  city,  was  cast  for  the  Secession 
ticket.  Precincts  where  the  Irish  formerly  testified  their 
devotion  to  tho  Union,  by  heavy  majorities  for  the  so-called 
Union  ticket,  gave  in  tho  recent  elections  either  majorities 
for  Secession  or  reduced  the  co-operation  majority  to  a 
uiero  trifle.  We  are  proud  to  say  that  this  is  not  only  true 
of  the  Celts,  in  particular,  but  of  our  entire  Catholic  popu 
lation,  a  very  large  majority  of  whom  voted  the  Secession 
ticket.  Of  practical  Catholics,  probably  19  out  of  every  '20 
wht)  voted  gave  it  their  support.  Religion,  of  course,  was 
not  directly  involved  in  the  question,  but  it  is  quite  impos 
eiblc  to  di»sever  patriotism  from  religion  in  the  Catholic 
heart.  That  is  a  Union  which  cannot  bo  dissolved.  Even 
the  wayward  Catholic  youth  whose  passions  have  led  him 
astray  from  the  house  of  his  Father,  and  who  has  for 
years  neglected  his  loving  bounty,  cannot  have  his  patriot 
ism  aroused  without  at  once  burning  with  reawakened 
love  and  duty  to  his  soul's  true  home.  We  cannot  conceive 
such  an  impossibility  as  a  Catholic  heart  in  which  Patriot 
ism  and  Religion  do  not  throb  together.  Like  the  Hiber 
nians  in  Charleston,  their  countrymen  in  New  Orleans, 
many  of  whom  were  partisars  of  Mr.  Douglas,  have  organ 
ised  military  companies,  not  for  mere  pastime,  but  for 
work,  and  are  ready  for  the  struggle  whenever  the  arrogant 
North  shall  presume  to  force  it  upon  us. 

THK  POPE'S  REPLY  TO  THE  KEBEL  COMMISSIONERS. 
HONORABLE  GENTLEMEN:  Mr  Soutterhas  handed  me  your 
letter  of  November  11,  with  which,  in  conformity  to  the 


nviiuuijAiuy  11  i>y  proceeding  to  negotiations  lor  i 
peace,  being  entirely  in  accordance  with  the  disposition  j 
and  character  of  tiie  august  head  of  the  Catholic  Church,  ' 
I  did  not  hesitate  a  inonie.it  in  bringing  it  to  the  notice  of  j 


answer  in  that  day  when  the  secrets  of  all  hearts  shall  be 
made  knowi 
We  do   not  propose   to  discuss  the  causes  of  the  war. 


Commissioners    of  the    Confederate  States    of  America', 


Paris 


wraths  appeased  and  peace  restored.     In  proof  of  this  he 

wrot;s  to  the  Archbishops  of  New  York  and  New  Orleans, 

»s   far  buck  as  October  18,  18G2,  inviting  them  to  exert 

themselves   in    bringing    about    this    holy    object.      You     They  are  matters  of  recent  history,  easily  known  and  read 

may    then,  honorable   gentlemen,  feel  well   assured  that  !  of    all   men.    To   discuss  them   would   obviously  involve 

whenever  a   favorable   occasion   shall   present  itself,  His  j  much   more   than,  as  Christian  ministers,  we  feel  it  our 

oliness  will    not  fail  to  avail  himself  of  it,  to  hasten  so  j  province  to  arg-ue. 

desirable  a  result,  and  that  all  nations  may  be  united  in  the  I      We  submit  for  your  consideration  as  the  first  point  of 
bonds  of  charity.  j  our  testimony  and  ground  of  protest, — 

In  acquainting  you  with  this  benignant  disposition  of  the  i  That  the  war  waijed  against  our  people,  in  principle  and 
Holy  Father,  1  ;usi  pleased  to  declare  myself,  with  senti-  j  in  fact,  proposes  to  achieve  that  which,  in  the  nature  of  the 
inents  of  the  most  distinguished  esteem,  truly  your  ser-  case,  it  is  impossible  to  accomplish  by  violence.  The  war 
vant)  proposes  the  restoration  of  the  L'lfion. 

G.  CARD.  ANTONELLI.  We  can  rationally  suppose  a  war  for  conquest,  or  to  ex- 

KOME,  December  2,  1S64.  |  pel  an  invader,  or  to  compel  respect  for  stipulations  of 

sre.  A.  DUDLEY  MANN,  J.M.  MASpX,_aud  JOHN  SUDELL,  !  peace  and  international  intercourse  which  have  been  vio- 

lat":i:  but  how  measures  of  violence  can  reunite  indepen 
dent  States,  restore  their  broken  fellowship,  re-establish 
equality  of  representatives'  rights,  or  coerce  a  people  to 
brotherly  kindness,  unity,  and  devotion  to  each  other,  is 
utterly  beyond  our  conception. 

But  if  our  enemies  be  disingenuous  in  their  professions 
— if  they  fight  not  to  recover  seceded  States,  but  to  subju 
gate  them,  what  promise  do  men  find  in  tho  numbers, 
intelligence,  courage,  resources,  and  moral  energies  of  thu 
millions  who  inhabit  the  Confederate  States,  that  such  a- 
people  can  ever  become  profitable  01  happy,  as  subordi 
nate  to  mere  military  force?  If  subjugation,  therefore, 
were  possibly,  is  it  desirable?  Would  the  United  States 
gain  anything?  Would  Christian  civilization  gain  any 
thing?  Said  a  great  British  statesman  in  1775,  when 
arguing  in  favor  of  adopting  conciliatory  measures  in 
respect  to  the  revolted  colonies  of  America — colonies,  not 
seceding  States— that  were  in  actual  rebellion  against  their 
sovereign:  "The  use  of  force  is  but  temporary.  It  may 
Kiibdiio  for  a  moment,  but  it  does  not  remove  the  necessity 
for  subduing  again;  and  a  nation  is  not  govern. -d  which  ' 


CHRISTIAN  ASSOCIATION,  1861. 
The  Young  Men's  Christian  Association  of 
New  Orleans,  under  date  of  May  22,  issued  an 
"  Address  to  the  Young  Men's  Christian  Asso 
ciations  of  North  America,"  in  which  they 
say  : 

We  wish  you  to  feel  with  us,  that  there  is  a  terrible  respon 
sibility  now  resting  upon  us  all  as  Christians,  in  this  trying 
time  of  our  country.  *  *  *  Wo  in  tho  South  are  8:»tis- 
hed  m  our  judgments,  AND  IN  OUR  IIF.ARTS,  that  the  political 
severance  of  tho  Southern  from  the  Northern  States  in 
permanent,  and  SHOULD  HE  SATISFACTORY.  We  believe  that 
reason,  history,  and  knowledge  of  human  nature,  will 
suir-v.-'t  the  folly  and  futility  of  a  war  to  re-establish  a 
political  union  between  thescvered sections.  *  *  *  ||-i> 

it  not  occurred  (o  you.  brethren,  that  the  hand  of  God  MAY  |  peVpetuaiiy0  t^'be   conquered.     My   next  objection  is   it, 

.1  thvwion ,  that  both  governments  may     uncertainty.    Terror  is  not  always  the  effect  of  force,  and 

'".",'•   e"vr  M',    •Xvi'-T     °!'i          (les'-ns  m  tl»o  regeneration  !  an  armament  is  not  a  victory.     *     *    *     A  furlher  objec- 

t  tue  world  t     W  lulu  such  a  possibility  may  exist,  let  His  i  lion  to  force  is  that  you  impdir  the  object  by  your  very  en- 


518 


APPEMHX. 


deavors  to  preserve  it.  The  thing  you  fought  for  is  not 
the  thing  you  recover." 

Christian  brethren,  could  the  hand  of  violence  win  you 
to  desire  fellowship  with  a  people  while  it  destroyed  your 
pwace,  polluted  your  sanctuaries,  invaded  the  sacred  pre 
cincts  of  your  homos,  robbed  you  of  your  property,  slaugh 
tered  your  noble  sons,  clothed  your  daughters  in  grief, 
filled  your  land  with  HOITOW,  and  employed  its  utmost 
strength  to  reduce  your  country  to  the  degradation  of  a 
subjugated  province?  Would  it  not  rather  animate  you  to 
prefer  death — honorable  death — the  patriot's  alternative, 
the  Christian's  martyrdom  ? 

As  an  excuse  for  violence,  our  enemies  charge  that  the 
Confederate  States  have  attempted  to  overthrow  the  "  best 
Government  on  earth ;"  and  call  us  "traitors,"  "rebels."' 
We  d-ny  the  charge;  and  as  to  the  epithets,  if  they  defined 
our  position,  under  the  circumstances,  wo  could  glory  in 
them,  as  do  the  people  of  God  when  persecuted  for  truth 
and  conscience'  sake.  But  we  regard  such  terms  a,s  gra 
tuitously  assuming  the  very  point  at  issue.  If  employed 
sincerely,  we  will  not  complain  ;  but  we  are  persuaded  that 
nanny  have  uttered  these  expressions  under  the  influence 
of  resentful  feelings,  who  would  not  otherwise  assert  the 
political  doctrines  they  imply.  We  are  not  disposed  to 
engage  in  an  angry  retort,  and  only  mention  these  things 
to  show  that  we  appreciate  them. 

It  will  appear  singular  when  men  reflect  upon  it,  that  so 
many  intelligent  and  Christian  people  should  desire  to 
withdraw  from  the  "  the  best  Government  on  earth."  And 
we  need  not  discuss  the  kindness  of  those  who  so  generous 
ly  propose  to  confer  on  us  by  force  of  arms  "the  best  Gov- 
frrimi'.nt." 

No  attempt  has  been  made  to  overthrow  the  Government 
of  the  United  States,  unless  by  the  fanatical  party  which 
now  administers  its  affairs.  The  South  never  entertained 
t-nch  an  idea.  If  that  Government  fall  for  lack  of  Southern 
support,  let  men  discriminate  between  the  downfall  of  au 
oppression  when  the  oppressed  have  escaped,  and  a  wanton 
effort  to  break  up  good  government.  So  Pharoah  fell,  but 
not  by  the  hand  of  Israel.  The  dismemberment  of  the 
Union  by  secession  was  not  a  blow  at  the  Government.  It 
was  for  our  own  deliverance.  It  was  an  election  of  the 
people,  only  hastened  and  rendered  in  some  cases  impera 
tive  by  the  violent  movements  of  the  Executive  of  the 
United  States.  Virginia  may  be  referred  to  as  an  illustra 
tion.  That  State  was  not  willing  to  secede  hastily ;  but  the 
demand  of  President  Lincoln,  that  she  furnish  troops  to 
fight  her  sister  States,  ended  all  hesitation.  At  once  she 
took  position  with  the  Confederacy,  preferring  to  battle  in 
de-fence  of  liberty,  rather,  than,  in  opposition  to  all  her 
principles,  to  invade  or  suffer  the  invasion  of  the  South. 

So  far,  therefore,  from,<d<'siring  to  destroy  the  United 
Stites  Government,  the  great  object  of  those  States  which 
first  seceded  was  to  secure  their  own  rights,  and  their 
tranquillity;  while  the  immediate  object  of  the  States 
which  Just  seceded  was  to  place  themselves  as  barriers  in 
the  way  of  a  fanatical  Administration,  and,  if  possible, 
stay  th  •  bloody  effort  to  coerce  independent  States  to 
remain  in  the  Union,  when  their  constitutional  rights 
would  not  be  respected,  and  when  the  very  purpose  to 
COH'-CO  them  showed  a  readiness  to  sacrifice  tho  lives  of 
ciu/.ens  to  the  demands  of  sectional  hostility.  The  South 
would  never  vote  in  favor  of  annexing  or  retaining  a 
Northern  State  by  force  of  arms.  Instead,  therefore,  of 
waging  war  f>r  the  overthrow  of  the  United  States,  the 
Confederate  States  simply  defend  themselves. 

The  war  is  forced  upon  us.  We  have  always  desired 
peace.  After  a  conflict  of  opinions  between  the  North  and 
Iho  South  in  Church  and  State,  of  more  than  thirty  years, 
growing  more  bitter  and  painful  daily,  wo  wi  hdraw  from 
them  to  secure  peace — they  send  troops  to  compel  us  into 
re-union!  Our  proposition  Was  peaceable  separation,  say 
ing,  "  We  are  actually  divided,  our  nominal  union  is  only  a 
platform  of  strife."  'The  answer  is  a  call  for  seventy-five 
tJiMwinl.  troops,  to  force  submission  to  a  Government 
who*,*  character,  in  the  judgment  of  the  South,  had  been 
sacrificed  to  sectionalism.  From  the  speech  of  Mr.  Burke, 
already  referred  to,  the  following  language  may  be  quoted 
as  not  inappropriate  to  our  position  in  respect  ot  peace, — 

'•Tin:  I'lioi'osmox  is  I'EACE. — Not  peace  through  the 
medium  of  war;  not  peace  to  be  hunted  through  the  laby 
rinth  of  intricate  and  endless  negotiations;  uot  peace  to 
arise  out  of  universal  discord,  fomented  from  principle,  in 
all  parts Df  the  empire;  not  peace  to  depend  on  the  judi 
cial  determination  of  perplexing  questions,  or  the  precise 
marking  the  shadowy  boundaries  of  a  complex  govern 
ment.  1 1,  is  simple  ffoaoo,  sought  in  the  spirit  of  peace,  and 
laid  in  principles  purely  p.tcific." 

Such  a  proposition  of  peace  was  clearly  the  appropriate 
duty  ol  a.  Christian  people.  Tho  South  can  point  out  on 
the  page  of  history  the  names,  and  refer  to  the  earnest  and 
repeated  efforts  of  her  commissioners  of  peace.  But  our 
ioes  preferred  war — violence — and  by  violence  the  end  they 
aimed  at  was  unattainable,  as  the  purpose  was  tin  worthy 


<>f  a  Christen  nation.  Against  this  violence,  upon  pri'i"! 
pie,  and  in  the  light  of  all  the  facts  of  the  case,  we,  as  tij« 
servants  oi'God  and  the  miniatcnt  of  peace,  too  lily  and  sol 
emnly  protest. 

The  second  general  point  which  we  submit  for  your 
Christian  consideration  is, — 

The,  separation  of  the  Southern  Status  is  universally  re 
garded  by  our  people  as  final,  and  the  formulism  of  the- 
Confederate  St  ites*  Government  «*  a  fixed  fact,  promising  in 
no  respect,  a  restoration  of  the. former  Union. 

Politically  and  ecclesiastically,  the  line  had  been  drawn 
between  North  and  South.  It  has  been  done  distinctly, 
deliberately,  finally,  and  in  most  solemn  form.  The  Con 
federacy  claims  to  possess  all  the  conditions  and  essential 
characteristics  of  an  independent  Government.  Our  insti 
tutions,  ha!>its,  tastes,  pursuits,  and  religion,  suggest  no 
wish  for  reconstruction  of  the  Union.  We  regard  th« 
Confederacy,  in  the  wise  providence  of  the  Almighty,  as 
the  result  of  causes  which  render  its  independent  existence 
amoral  and  political  necessity,  and  its  final  and  future  in 
dependence  of  the  United  States  not  a  matter  that  admits 
of  the  slightest  doubt. 

Among  all  the  indefensible  acts  growing  out  of  the  inex 
cusable  war  waged  against  us,  we  will  refer  to  one  espe 
cially,  in  regard  to  which,  for  obvious  reasons,  we  would 
speak,  and  as  becometh  us,  plainly  and  earnestly : — The 
recent  proclamation  of  the  President  of  the  United  States, 
seeking  the  emancipation  of  the  sLii'es  of  the  South,  i.t,  in 
our  judgment,  a  suitable  occasion  for  solemn  protest  on  the 
part  of  tlie  people  of  God  throngliout  the  toorld. 

First,  upon  the  hypothesis  that  the  proclamation  could 
be  carried  out  in  its  design,  we  have  n:>  language  to  de 
scribe  the  bloody  tragedy  that  would  appal  humanity. 
Christian  sensibilities  recoil  from  the  vision  of  a  struggle 
that  would  inevitably  lead  to  the  slaughter  of  tens  of  thou 
sands  of  poor  deluded  insurrectionists!  Suppose  their 
owners  suffered  ;  in  the  nature  of  things  the  slaves  would 
suffer  infinitely  more.  Make  it  absolutely  necessary  lor 
the  public  sifety  that  the  slaves  be  slaughtered,  and  he 
who  should  write  the  history  of  that  event  would  record 
the  darkest  chapter  of  human  woe  yet  written. 

But,  secondly,  suppose  the  proclamation — as  indeed  we 
esteem  it  in  the  South — a  mere  political  document,  devised 
to  win  favor  among'themost  fanatical  of  the  Northern  pe->- 
pie,  uttering  nothing  that  has  not  already  been  attempted, 
practically,  but  in  vain,  by  the  United  States ;  suppose  it  to 
be  worth  no  more  than  the  paper  upon  which  its  bold  ini 
quity  is  traced,  nevertheless  it  is  thy  avowal  of  a  principle, 
the  declaration  of  a  wish,  the  deliberate  attempt  of  the 
chief  magistrate  of  a  nation  to  do  that  which,  as  a  measure 
of  war,  must  bo  repugnant  to  civilisation,  and  which  we 
calmly  denounce  as  worthy  of  universal  reprobation,  and 
against  which  Christians  in  the  name  of  humanity  and  re 
ligion  ought  to  protest. 

What  shall  sound  Christianity  say  to  that  one-idea  of 
philanthropy  which,  in  the  name  of  an  imaginary  good,  in 
blind  fury  rushes  upon  a  thousand  unquestionable  evils  ? 

If  it  were  the  time  for  such  argument,  we  should  not 
fear  the  issue  of  a  full  discussion  of  this  whole  question  of 
Slavery.  We  fear  no  investigation— wo  decline  no  debate ; 
but  we  would  not,  at  an  hour  like  this,  and  in  tin  address 
which  is  chiefly  a  protest,  invoke  the  spirit  of  controversy. 
We  content  ourselves  with  what  wo  regard  as  Infinitely 
more  solemn;  we  stand  before  the  world,  while  wartilences 
the  voices  of  disputants,  and  men  in  deadly  contention 
wrestle  on  fields  of  blood,  protesting  against  the  crimes 
that  in  the  name  of  liberty  and  philanthropy  are  attempted  \ 
Let  it  go  forth  from  our  lips  while  we  live;  let  it  be  re 
corded  of  us  when  we  are  dead,  that  we— ministers  of  our 
Lord-Jesus  Christ,  and  members  of  His  holy  Church,  with 
our  hands  upon  the*  Bible,  at  once  the  sacred  charter  of  our 
liberties  and  the  foundation  of  our  faith— call  heaven  ami 
earth  to  record,  that  in  the  name  of  Him  whose  we  are, 
and  whom  wo  nerve,  we  protest  I  No  description  we  can 
give  of  this  measure  of  the  ExecuMve  of  the  United  States, 
even  though  indignation  alone  inspired  us  to  utter  it.  would 
exaggerate  what  we  regard  as  an  unholy  infatuation,  a 
ruthless  persecution,  a  cruel  and  shameful  device,  adding 
i  severity  and  bitterness  to  a  wicked  and  reckless  war. 

When  it  is  remembered  that,  in  the  name  of  a  "military  ne- 
\  cexsity"  this  new  measure  was  adopted,  we  may  pass  by  the 
I  concession  of  weakness  impU.ed   in  this  fact,  and   content 
I  ourselves  with  calling  attention    to  the  immoralit;/  of  a 
necessity  created  by  a  needless  war  of  invasion.    "  Military 
necessity!"  an  excuse,   not  for  self-defence— not  for  self- 
preservation— but  for  violating   the  laws  of  civili/ed   war- 
faro,  and  attempting  a  barbarity.     If  "military  necessity" 
be  the  inspiration  t<>  attempt  emancipation,  how  shall  men 
praise  it  as  philanthropy?     Are  other  nations  uninterested 
in  such  conduct?     Proclaim   the  right   first  to  invade  an-l 
subjugate  independent  States,  exhaust  all  resources,  an  1 
then  avow  the  principle  of  "military  necessity"  as  an  ex 
cuse  for  adding  severity  to  the  wrong,  as  a  plea  upon  which 
i  to  project  a  scheme  violating  every  manly,  honorab  o.  and 


APPEMMX. 


519 


Ohr'stian  sentiment !  Suppose  an  invader  happens  to  be 
too  weal-  to  conquer  upon  any  other  plan,  has  h-  therefore 
the  ri"ht  to  proclaim  that  poison  and  ihe  indiscriminate 
slaughter  of  women  and  children  shall  behis  legal  method? 
The  common  cause  of  humanity,  and  the  common  hopes  of 
Christian  civilization,  as  they  appeal  to  every  nation,  cry 
out  against  this  wretched  subterfuge.  If  the  "military 
necessity''  of  weakness  m;iy  righteously  adopt  any  measure 
1  hat  an  invader's  ingenuity  can  invent  or  his  malice  sug 
gest,  wlnt  laws,  what  principles  of  justice  and  equity,  shall 
nations  at  war  respect  ? 

At  one  time  the  world  is  told  "  the  rebellion  is  weak,  and 
will  be  crushed  out  in  sixty  days;"  at  another,  "  Union 
men  abound  in  the  South,  and  w  11  welcome  United  States' 
troops  as  deliverers;"  and  now  the  invader  is  so  hopeless 
ot  his  task,  that  it  is  a  "military  necessity"  that  he  obtain 
help  of  slaves!  May  it  not  be  pertinently  asked,  what, 
that  is  creditable  to  this  invasion,  ought  men  to  believe, 
and  to  what  end  is  this  deceitful  war  waged?  When  this 
hist  resort,  like  all  the  enemy's  preceding  schemes,  shall 
fcignally  fail,  as  it  certainly  will,  to  achieve  the  ruin  of  the 
South,  what  is  promised?  Nothing,  but  war '  cruel. relent 
less,  desperate  war  I  Because  the  President  by  his  scheme 
violates  the  constitution,  we  might  condemn  him;  though 
the  constitutionality  of  his  acts  be  less  important  to  us  than 
to  the  people  over  whom  he  presides;  because  he  has  vio 
lated  his  word,  his  special  promise,  and  even  his  solemn 
oath  of  office,  we  might  abhor  his  act;  though  that  is  a 
matter  which  may  chiefly  concern  his  conscientiousness, 
and  illustrate  the  character  of  that  officer  whom  South 
erners  refuse  to  salute  as  their  President :  because  of  the 
diao  'Heal  mischief  intended,  we  might  in  the  name  of 
Heaven  indignantly  denounce  his  Proclamation,  though  no 
weapon  formed  against  us  be,  practically,  more  harmless. 
But  these  are  not  the  considerations  which  move  us  to  pro 
test  :  we  solemnly  protest  because,  under  the  disguise  of  'phi- 
Ian  hropy,  and  the  pretext  of  doing  good,  he  would  seek  the 
upjrob;di<.n  of  mankind  upon  a  war  that  promises  to  hu 
manity  onl'i  evil,  and  that  continually. 

Let  philanthropists  observe,  even  according  to  its  own 
terms,  this  measure  is  in  no  proper  sense  an  act  of  mercy 
to  the  sl.ive,  but  of  malice  toward  the  master.  It  pro 
vide  for  freeing  only  the  slave*  of  those  who  light  against 
the  United  States.  The  effort  is  not  to  relieve  that  Govern 
ment  of  slavery,  where  the  philanthropy  has  full  opportunity 
for  displaying  its  generosity,  and  the  power  to  exercise  itiu 
respect  to  slavery,  if  it  exists  at  all,  can  be  indulged;  but 
the  effort  is  simply  to  invoke  slavery  as  an  agent  against 
the  South,  reckless  of  the  consequences  to  tho  slaves  them 
selves.  Shall  a  pretext  at  once  so  weak  arid  so  base  mislead 
intelligent  men,  and  make  them  imagine  Abraham  Lincoln 
is  a  philanthropist?  His  position  ought  to  be  offensive  to 
every  sincere  abolitionist,  as  well  as  disgusting  to  every 
sincere  friend  of  the  slave,  of  every  shade  of  opinion  on 
the  question  of  slavery.  How  does  it  affect  the  cause  of 
the  Confederacy?  If  to  awaken  a  deeper  resentment  than 
ever  inllamed  the  people  of  the  South  before  ;  if  to  quench 
the  last  sentiment  of  respect  that  lingered  in  their  breasts 
for  the  United  States'  Government:  if  to  unite  them  more 
resolutely  than  ever,  and  to  make  it  to  the  individual  in 
terest  of  every  person  in  the  bounds  of  the  Confederacy  to 
sustain  and  strengthen  it  with  every  dollar  and  every  arm, 
and  every  prayer,  and  every  energy  of  manly  virtue  and 
Christian  encouragement,  be  to  advance  the  invader's  inter 
est,  and  give  him  hope  of  success,  then  has  the  proclamation 
furnished  him  opportunity  of  congratulating  himself. 

We  submit  further:  Thatthe  tour  against  the  Confederate 
Stale*  has  achieved  no  good  result,  and  we  Jind  nothing  in 
the  present  slate  of  the  struggle  that  gives  promise  of  the 
Uniu'd  Mates  accomplishing  any  good  by  its  continuance. 
Though  hundreds  of  thousands  of  lives  have  been  lost,  and 
many  millions  of  treasure  spent;  though  a  vast  amount  of 
valuable  property  has  been  destroyed,  and  numbersof  once 
happy  homes  made  desolate ;  though  cities  and  towns  have 
been  temporarily  captured,  and  aged  men  and  helpless 
•women  wild  children  have  suffered  such  things  as  it  were 
even  a  shame  to  speak  of  plainly  ;  though  sanctuaries  have 
been  desecrated,  and  ministers  of  God  been  dragged  from 
sacred  altars  to  loathsome  prisons ;  though  slaves  have 
been  instigated  to  insurrection,  and  every  measure  has 
hec-n  adopted  that  the  ingenuity  of  the  enemy  could  devise, 
>JT  his  ample  resources  afford  by  sea  and  by  land;  yet  we 
aver,  without  fear  of  contradiction,  that  the  only  possession 
which  the  United  States  hold  in  tho  Confederate  States  is 
the  ground  on  which  United  States'  troops  pitch  their 
tents;  and  that  whenever  those  troops  withdraw  from  a 
given  lociility  in  our  territory,  the  people  resident  therein 
testify  a  warmer  devotion  to  the  Confederate  cause  than 
even  before  their  soil  was  invaded.  Nothing  is  therefore 
conquered — no  part  of  the  country  is  subdued ;  the  civil 
jurisdiction  of  the  United  States,  the  real  test  of  their 
HUceess,  has  not  been  establislied  by  arty  force  of  anus 
Where  such  civil  jurisdiction  exists  at  all  along  the  border, 
it  had  existed  all  the  while,  was  not  obtained  by  force,  and 


is  not  the  fruit  of  conquest.    The  fact  is  admitted  by  our 
enemies  themselves. 

It  is  worthy  of  special  noti-e,  that,  notwithstanding  the 
gigantic  exertions  of  the  United  States,  they  have  not  been 
able  to  secure  the  return  of  a  single  county,  or  section  of  a 
county,  much  lest<  a  single  State,  that  has  seceded.  No 
civil  order  and  peace  spring  up  in  the  track  of  thwr 
armies.  All  in  front  of  them  is  resolute  resistance ;  ami 
behind  them,  when  they  have  entered  our  territory,  is  a 
deep,  uncompromising  opposition,  over  which  only  military 
force  can  for  a  moment  be  trusted.  Thus  the  civiiL-ed 
world  is  called  upon  to  observe  an  invasion  which  baa 
lasted  nearly  two  years,  and  achieved  nothing  but  cruelty. 
Before  it  a  people  ready  to  die,  but  neither  ready  to  submit, 
nor  weak  enough  to  be  conquered;  and  for  its  gloomy 
prospect  an  interminable  war,  growing  more  bitter  and 
unfeeling  every  day,  because  more  hopeless  to  them  that 
by  it  have  sought  things  impossible  as  well  as  unrighteous, 
ill  tho  name  of  the  great  Prince  of  Peace,  has  Christianity, 
has  civilisation,  nothing  to  say  to  such  an  awful  tragedy? 
Such  is  the  war  for  the  Union!  Yet  every  day  our  foes  are 
deepening  and  widening  that  river  of  blood  which  divides 
us  from  them  for  ever! 

The  only  change  of  opinion  among  our  people  since  the 
beginning  of  the  war,  that  is  of  material  importance  to  the 
final  issue,  has  been  the  change  from  all  lingering  attach 
ment  to  the  former  Union,  to  a  more  sacred  and  reliable 
devotion  to  the  Confederate  Government.  The  sentiments 
of  the  people  are  not  alterable  in  any  other  respects  by 
force  of  arms.  If  the  whole  country  were  occupied  by 
United  States'  troops,  it  would  merely  exhibit  a  military 
despotism,  against  which  the  people  would  struggle  in 
perpetual  revolutionary  effort,  while  any  SouHirons  re 
mained  alive.  Extermination  of  the  inhabitants  could 
lone  realise  civil  possession  of  their  soil.  Subjugation 
is,  therefore,  clearly  impossible.  Is  extermination  desired 
by  Christians  ? 

The  moral  and  religious  interests  of  the  South  ought  to  be 
appreciated  by  CJiristians  of  all  nations. 

These  interests  have  realised  certainly  no  benefit  from 
the  war.  We  are  aware  that,  in  respect  to  the  moral  aspects 
of  the  question  of  slavery,  we  differ  from  those  who  con 
ceive  of  emancipation  as  a  measure  of  benevolence,  and  on 
that  account  we  suffer  much  reproach  which  we  are  con 
scious  of  not  deserving.  With  a*  the  facts  of  the  system 
of  slavery  in  its  practical  operations  before  us,  "aseye- 
witne-ses  and  ministers  of  the  Word,  having  had  perfect 
understanding  of  all  things"  on  this  subject  of  which  we 
speak,  we  may  surely  claim  respect  for  our  opinions  and 
statements.  Most  of  iis  have  grown  up  from  childhood 
among  the  slaves;  all  of  us  have  preached  to  and  taught 
them  the  word  of  life;  have  administered  to  them  the 
ordinances  of  the  Christian  Church;  sincerely  love  them  as 
souls  for  whom  Christ  died:  we  go  among  them  freely,  and 
know  them  in  health  and  sickness,  in  labour  and  rest,  from 
infancy  to  old  age.  We  are  familiar  with  their  physical 
and  uioral  condition,  and  alive  to  all  their  intt rests;  and 
we  testify  in  the  sight  of  God,  that  the  relation  of  master 
and  slave  among  us.  however  we  may  deplore  abuses  in 
this,  as  in  other  relations  of  mankind,  is  not  incompatible 
with  our  holy  Christianity,  and  that  the  presence  of  the 
Africans  of  our  land  is  an  occasion  of  gratitude  on  their 
behalf  before  God;  seeing  that  thereby  Divine  Providence 
has  brought  them  where  missionarits  of  the  Cross  may 
freely  proclaim  to  them  the  word  of  salvation,  and  the 
work  is  not  interrupted  by  agitating  fanaticism.  Tho 
South  has  done  more  than  any  people  on  earth  for  the 
Christianization  of  the  African  race.  The  condition  of 
slaves  here  is  not  wretched,  as  northern  fictions  would  have 
men  believe,  but  prosperous  and  happy,  and  would  have 
been  yet  more  so  but  for  the  mistaken  zeal  of  the  Aboli 
tionists.  Can  emancipation  obtain  for  them  a  better  por 
tion?  The  practicable  plan  for  benefiting  the  African 
race  must  be  the  Providential  plan — the  Scriptural  plan. 
We  adopt  that  plan  in  the  South;  and  while  the  State 
should  seek  by  wholesome  legislation  to  regard  the  interests 
of  master  and  slave,  we,  as  ministers,  would  proach  the 
word  to  both  as  we  are  commanded  of  God.  This  war  has 
not  benefited  the  slaves.  Those  who  have  been  encouraged 
or  compelled  to  leave  their  masters  have  gone,  and  we  aver 
can  go,  to  no  state  of  society  that  offers  them  any  better 
things  than  they  have  at  home,  either  in  respect  to  their 
temporal  or  eternal  welfare.  We  regard  Abolitionism  as 
an  interference  with  the  plans  of  Divine  Providence.  It 
has  not  the  signs  of  the  Lord's  bl  tssing.  It  is  a  fanaticism 
which  puts  forth  no  good  fruit;  nstead  of  blessing,  it  has 
brought  forth  cursing;  instead  of  love,  hatred ;  instead  of 
life,  death — bitterness,  and  sorrow,  and  pain:  and  infidelity 
and  moral  degeneracy  follow  its  labors.  We  remember 
how  the  apostle  has  taught  the  minister  of  Jesus  upon  this 
subject:  "Let  as  many  servants  as  are  under  the  yoke 
count  their  own  masters  worthy  of  all  honor,  that  the 
name  of  God  and  His  doctrine  be  not  blasphemed.  And 
they  that  have  believing  masters,  let  them  not  despise 


520 


APPEXDIX. 


them  because  they  are  brethren;  but  rather  do  them  ser 
vice  because  they  are  faithful  and  beloved,  partakers  of  the 
benefit.     T-'-fse  thing*  teach  and  exhort.    If  any  man  teach  ; 
otherwise,  find  consent  not  to  wholesome  words,  even  tin;  j 
words  of  our  Lord  Jesus  Christ,  and  to  the  doctrine  which  is 
according  to  godliness,  he  is  proud,  knowing  nothing,  but 
doting  about  questions  and  strifes  of  words,  whereof  Cometh 
envy,  strife,  railings,  evil  surmisings,  perverse  disputing*  of 
men  of  corrupt  mind,  and  destitute  of  the  truth,  supposing 
that  gain  is  godliness;  from  such  withdraw  thyself." 

This  is  what  we  teach,  and,  obedient  to  the  last  verse  of 
the  taxt,  from  men  that  "teach  otherwise" — hoping  for 


peaci — \\e  ••withdraw"  ourselves. 

The  Christians  of  the  South,  we  claim,  are  pious,  intelli 
gent,  and  liberal.  Their  p  istoral  and  missionary  works 
have  points  of  peculiar  interest.  There  lire  hundreds  of 
thousands  here,  both  white  and  colored,  who  are  not  stran 
gers  to  the  blood  that  bought  them.  We  rejoice  that  the 
great  Uead  of  the  Church  has  not  despised  us.  We  desire 
as  much  us  in  us  lieth  to  live  peaceably  with  all  men,  and 
though  reviled,  to  revile  not  again. 

Much  harm  has  been  done  to  the  religious  enterprises  of 
the  Ch'irch  by  the  war;  we  will  not  tire  yon  by  enumerat 
ing  particulars.  We  thank  God  for  the  patient  faith  and 
fortitude  of  our  people  (luring  these  days  of  trial. 

Our  soldiers  were  before  the  war  our  fellow-citizens,  and 
many  of  them  are  of  the  household  of  faith,  who  have 
carried  to  the  camp  so  much  of  the  leaven  of  Christianity, 
that,  amid  all  the  demoralizing  influences  of  nrmy  life,  the 
good  work  of  salvation  lias  gone  forward  there. 

Our  President,  some  of  our  most  influential  statesmen, 
our  commanding  general,  and  an  unusual  proportion  of  the 
principal  generals,  as  well  as  scores  of  other  officers,  are 

Siroiniuent,  and  we  believe  consistent  members  of  the 
'hurolt.  Thousands  of  our  soldiers  are  men  of  prayer.  We 
regard  our  success  in  tho  war  as  due  to  Divine  mercy,  anil 
our  Government  and  people  have  recognized  the  hand  of 
God  in  the  formal  and  humble  celebration  of  His  goodness. 
We  have  no  fear  in  regard  to  the  future.  If  the  war  con 
tinue  for  years,  we  believe  God's  grace  sufficient  for 

In  conclusion,  we  ask  for  ourselves,  our  churches,  our 
country,  the  devout  prayers  of  all  God's  people, — :ithe  will 
of  the  Lord  be  done!'' 

Christian  brethren,  think  of  these  things;  and  let  your 
answer  to  our  address  be  the  voice  of  an  enlightened 
Christian  sentiment  going  forth  fiom  you  against  war, 
against  persecution  for  conscience'  sake,  against  the  rav 
aging  of  the  Church  of  God  by  fanatical  invasion.  But  ii 
we  speak  to  you  in  vain,  nevertheless  \ve  have  not  spoken  ii 
vain  in  the  si^lit  of  God;  for  we  have  proclaimed  the  trutl 
— we  have  testified  in  behalf  of  Christian  civilization — wt 
have  invoked  charity — we  have  filed  our  solemn  protest 
against  a  cruel  and  us"les.-»  war.  And  our  children  shal 
read  it,  and  honor  our  spirit,  though  in  much  feebleness  we 
may  have  borne  Our  testimony. 

"Charity  bcareth  nil  things,  believeth  all  things,  hop;'tl 
all  things,  emlureth  all  things."  We  desire  to  '-follow 
after  charity:''  and  ":;s  in  my  as  walk  according  to  this  rule 
peace  be  on  them,  and  mercy,  and  upon  the  Israel  of  God.' 

Signatures  to  t/ie  Address. 

BAPTIST    CHURCH. 

Ro.   Rylatid,   D.D.,  President  of  Richmond  College,  Rich 

mond,  Virginia. 

L.  W.  Seeley,  D.D.,  Richmond,  Virginia. 
J.  B.  Jeter,  D.I).,  President   of  Foreign  Missionary  Board 

Richmond,  Virginia. 
James  B.  Taylor,  D.I).,  Secretary  Foreign  Missionary  Board 

Richmond,  Virginia. 
A.  M.  Poindexter,  D.D.,  Secretary  Foreign  Missionary  Board 

Richmond,  Virginia. 

William  F.  Uroaddus,  D.D.,  Charlottesville,  Virginia. 
II.  W.  Dodge,  Lynehbnrg.  Virginia. 
Cornelius  Tyree,  Powhatan  Courthouse,  Virginia. 
A.    D.  Shaver,   Editor  of  "Religious  Herald."  Richmond 

Virginia. 

C.  George,  Culpepper  Courthouse,  Virginia. 
R.  II.  Ba-by,  Bruington  Church,  Virginia. 
Thomas  K.  Skinner,  R.ileigh,  North  Carolina. 
James   P.   Boyce,    D.D.,    President   Theological   Seminary 

Greenville,  South  Carolina. 
John    A.    Bioadus,  D.D.,   Professor  Theological    Seminary 

Greenville,  South  Carolina 
Basil    Manly,  jun.,   D.D.,  Professor  Theological   Scminar\ 

Grcenv-iile,  South  Carolina. 
William  Williams,  D.D.,  Professor  Theological  Seminar}' 

Greenville,  South  Carolina. 
J.  M.  C.  Breaker,  Editor  "  Confi 

South 

J.  L.  Reynolds,  D.D.,  Columbia,  South  Carolina. 
N.   M.  Crawlord,   D.D.,    President  of   Mercer    University 

Georgia. 

Joseph  S.  Baker,  Quitman,  Georgia. 
11.  C.  llornady,  Atlanta,  Georgia. 


ifederate  Baptist,"  Columbia 


Samuel  Henderson,  Editor  of  "  South  West  Baptist,"  Tea- 

kegac.  Alabama. 

Thomas  S.  Savage,  Livingston,  Mississippi. 
W.  11.  Meredith,  Florida. 

DISCIPLES. 

W.  J.  Pettigrew,  Richmond,  Virginia. 

METHODIST  EPISCOPAL. 

.  0.  Andrew,  D.D.,  Alabama,  Bishop  of  Methodist  Episco 
pal  Church,  South. 

ohn  Km  y,  D.D..  Virginia,  Bishop  of  Methodist  Episcopal 
Chin  jh,  South. 

T.  F.  Pit  roe,  D.D.,  Georgia,  Bishop  of  Methodist  Episcopal 
Church,  South. 

V.   .M.   Skipp,   D.D.,   President  of  Woflbrd  College,  South 
Carolina. 

Vhiteford  Smith,  D.D.,  South  Carolina. 

.  T.  Wightman,  Charleston,  South  Carolina. 

V.  A.  Gamewell,  Marion,  South  Carolina. 

Wm   A.  Smith,  D.D.,  President  of  Randolph  Macon  College, 
Virginia. 

eroy  M.  Lee,  D.D.,  Virginia. 

.  S.  Doggett,  Richmond,  Virginia. 

.  E.  Edwards,  Richmond,  Virginia. 

ames  A.  Duncan,  D.D.,  Editor  "  Richmond  Christian  Ad 
vocate,''  Virginia. 

Jraxton  Craven,  D.D.,  President  of  Trinity  College,  N<  rth 
Carolina. 

foscph  Cross,  D.D.,  Tennessee. 

}.  W.  Chalton,  Editor  of  "  Holston  Journal,"  Knoxvi!le> 
Tennessee. 

S.  D.  Huston,  D.D.,  Editor  of  "Home  Circle,"  Tennessee. 

5.  II.  Myers,  .U.D.,  Editor  of  "Southern  Christian  Advo 
cate." 

METHODIST   PROTESTANT. 

W.  A.  Crocker,  President  of  Virginia  District. 

R.  B.  Thompson,  President  of   Lyuchburg    College,   Vlr 

ginia. 
F.  L.  B.  Shaver,  President  of  Alabama  District. 

PROTESTAXT  EPISCOPAL. 

Joshua  Peterkin,  D.D.,  Richmond,  Virginia. 
J-unea  A.  Latane,  Staunton.  Virginia. 
James  Moore,  Louisburg,  North  Carolina. 
William  N.  Hawks,  Columbus,  Georgia. 
K.  J.  Stewart,  Alexandria. 

PRKSBYTERIAN. 

Union  TJieological  Seminary,  Virginia, 

Robert  L.  Dabney,  D.D.,  Professor  of  Systematic  Theology, 
Ac. 

Benjamin  M.  Smith,  D.D..  Professor  of  Oriental  and  Biblical 
Criticism. 

Thomas  E.  Peck,  Professor  of  Church  History  and  Govern 
ment. 

John  M.  P.  Atkinson,  President  of  ILunpden  Sidney  Col 
lege.  Virginia. 

William  S.  White.  D.D.,  Lexington,  Virginia. 

Francis  McFariand,  D.D.,  near  Staunton,  Virginia. 

T.  V.  Moore,  D.D.,  Richmond.  Virginia. 

William  Brown,  D.D.,  Editor  "Central  Presbyterian," 
Richmond,  Virginia. 

Theodoric  Pry  or,  D.D.,  Petersburg,  Virginia. 

A.  W.  Miller,  Petersburg,  Virginia. 

Drury  Lacy,  D.D.,  North  Carolina. 

Robert  II.  Morrison.  D.D..  North  Carolina. 

Daniel  A.  Penick,  North  Carolina. 

.John  L.  Kirlqr.itrick,  D  D.,  President  Davidson  College, 
North  Carolina. 

Moses  D.  Hoge,  D.D..  Second  Presbyterian  Church,  Rich 
mond,  Virginia. 

Theological  Seminary,  Columbia,  South  Carolina. 

A.  W.  Leland,  D.D.,  Professor  of  Pastoral  Theology. 
George  Howe,  D.D..  Professor  of  Biblical  Literature. 
John   B.   Adger,  D  D.,  Professor  of  Ecclesiastical    Histo 
ry,  Ac. 

James  Woodrow  Perkins.  Professor  of  Natural  Science,  Ac. 

B.  M    Palmer,  D.D  ,  Pastor  of  the  First  Presbyterian  Church, 

New  Orleans. 

Thomas  Smythe,  D.D.,  Charleston,  South  Carolina. 

W.  C.  Dana,  Charleston,  South  Carolina. 

Samuel  K.  Talmage,  D.D.,  President  of  Oglethorpe  Univer 
sity,'  Georgia. 

John  S.  Wilson,  D.D.,  Atlanta,  Georgia. 

Joseph  R.  Wilson,  D.D.,  Augusta,  Georgia. 

Robert  B.  White.  D.I.)..  Tuscaloosa,  Alabama. 

tieor-e  II  W.  IVtrie.  D.D..  Montgomery,  Alabama. 

Joseph  Brown.  Florida. 

Archibald  Baker,  .Madison,  Florida. 


APPENDIX. 


521 


UNITED  SYNOD. 

1  u],  S  II.  Rend.  D.D.,  Richmond,  Virginia. 


Converse,  D.D..  Editor 

(l.  Virgin 


>f  "Christian  Observer,"  Rich- 


T.I'  mas  \V.  Ho jjier.  Richmond,  Virginia. 

P.  B.  Price.  Richmond,  Virginia. 

J.i.o :,  i>  Mitrhcll.  D.D.,  Lynchburg,  Virginia. 

Thomas  D.  Boll,  llanisoubnrg,  Virginia. 

J.  I'.     .  Lcacli,  D.D.,  Fannvillo,  Virginia. 

Mat.  31.  Marshall.  Tennessee. 

J.  ss-ph  II   Martin,  Knoxville,  Tennessee. 

Fre-l.  A  Ross.  D.D..  Iluntsville,  Alabama. 

.)   M.  M'Lean,  Mobile.  Alabama'. 

C.  M.  Atkinson,  Canton,  Mississippi. 

ASSOCIATE  REFORMED. 

J.  C.  Pressly.  D.D  ,  South  Carolina. 
R.  C.  drier.  D.D.,  South  Carolina. 

E  L.  Pal  ton.  President  of  Erskine  College,  South  Carolina. 
J.  J.JJonner,  Editor  of  the  "Due  West  Telescope."  South 
Carolina. 

CUMBERLAND  PKESEYTERIAN. 

N.  A.  Davis,  Texas. 

LUTHERAN. 

D.  F.  Bittle,  D.D.,  President  of  Roanoke  College,  Virginia. 

GERMAN  REFORMED. 

J.  C.  Hensell,  Mt.  Crawford,  Virginia. 

NOTES. 

1.  In  publishing  the  foregoing  Address,  it  is  proper  to 
declare  explicitly,  that  its  origin  was  from   no  political 
source  whatever,  but  from  a  conference  of  ministers  of  the 
Go-pel  in  the  city  of  Richmond. 

Tin'  signatures  arc  confined  to  this  class  because  it  was 
b..-i  v'veil  ilrnt,  on  the  points  presented,  the  testimony  of 
mm  holding  this  office  might  be  received  with  less  preju 
dice  than  that  oi'any  other.  These  signatures  might  have 

name 

and  as  they  are  still  coming  in,  some  will  probably-  be 
received  too  Lite  for  insertion.  Those  appended  represent 
more  or  less  fully  every  accessible  section  of  the  Confede 
racy,  and  nearly  every  denomination  of  Christians.  They 
are  ample  for  the  chief  objects  intended;  namely,  to  bear 
witness  to  the  Christian  world  that  the  representations 
h-re  made  concerning  the  public  sentiment  of  the  South 
aiv  t.-uo,  and  to  carry  a  solemn  protest  against  the  contin 
uance  of  this  fruitless  and  unrighteous  war. 

2.  From  the  best  sources  of  information  it  is  ascertained 
that  the  whole  number  of  communicants  in  the  Christian 
churches  in  the  Confederate  States  is  about  two  millions 
and  titty  thousand. 

Of  these  the  number  of  white  communicants  is  about 
one  million  fice  hundred  and,  fifty  thousand.  Supposing  the 
total  white  population  to  be  eight  millions,  and  one-half 
that  number  to  be  over  eighteen  years  of  age,  a  little  more 
than  one-tldrd  of  the  adult  population  are  members  of  the 
Church  of  Christ. 

The  number  of  colored  communicants  is  about  Jive  hundred 
thousand.  Assuming  the  colored  population  to  be  four 
millions,  there  would  be,  upon  the  same  method  of  compu 
tation,  one-fourth  of  the  adult  population  in  communion 
with  the  Church  of  Christ.  Thus  has  God  blessed  us  in 
gathering  into  His  Church  from  the  children  of  Africa 
more  than  twice  as  many  as  are  reported  from  all  the 
converts  in  the  Protestant  Missions  throughout  the  heathen 
world. 

In  making  this  summary  of  facts,  I  have 
omitted"  mention  of  Sermons,  Addresses,  and 
Letters  fiom  Bishops  and  other  clergymen,  as 
chiefly  of  personal  interest,  and  not  indicative 
of  organized  Church  action. 

The    Military    Authorities    and   the 
Churches. 

ORDERS    OF     THE     SECRETARY     OF 
WAR. 

METHODIST     EPISCOPAL    CHURCH. 

November  30,  1863 — The  following  order  in 
relation  to  the  use  of  all  houses  of  worship  be 
longing  to  the  Methodist  Episcopal  Church 
South  was  issued  and  delivered  to  Bishop 
Ames. 

December  0,  18G3— The  same  ord-r  was  given 
concerning  houses  of  worship  of  the  same 


denomination  in  the  Department  of  Virginia 
and  North  Carolina,  and  delivered  to  Bishop  0. 
C.  Baker,  and  those  in  the  Department  of  tl'.e 
South,  and  delivered  to  Bishop  Edmund  S. 
Janes. 

December  30,  1863— The  same  order  wag 
given  concerning  houses  of  worship  of  the 
same  denomination  in  the  States  of  Kentucky 
and  Tennessee,  and  delivered  to  Bishop  M. 
Simpson. 

WAR  DEPARTMENT,  ADJUTANT  GENERAL'S  OFFICE. 

WASHINGTON,  November  30,  18(3?.. 

To  the  Generals  commanding  the  Departments  of  the  Mis 
souri,  the  Tennessee,  and  the  Gulf,  and  all  General*  and 
officers  commanding  armies,  detachments,  and  po?ts, 
and  all  officers  in  the  service  of  the  United  States  in 
the  above  mentioned  Departments  : 

You  are  hereby  directed  to  place  at  the  disposal  of  Rev. 
Bishop  Ames  all  houses  of  worship  belonging  to  the  Meth 
odist  Episcopal  Church  ,-onth  in  which  a  luyal  minister, 
who  has  been  appointed  by  a  loyal  Bishop  of 'said  church 
dees  not  now  officiate. 

It  is  a  matter  of  great  importance  to  the  Government, 
in  its  efforts  to  restore  tranquility  to  the  community  and 
peace  to  ihe  nation,  that  Christian  ministers  should,  by  ex- 
uriplo  and  precept,  support  and  foster  the  loyal  sentiment 
of  the  people. 

Bishop  Ames  enjoys  the  entire  confidence  of  this  De 
partment,  and  no  doubt  is  entertained  that  all  ministers 
who  may  be  appointed  by  him  will  be  entirely  loyal.  You 
are  expected  to  give  him  all  the  aid,  countenance,  and 
si.pport  practicable  in  the  execution  of  hi*  important  mis 
-ion. 

0 _  _„...  „„,,      .  You   »re  also  authorized  and  directed  to  furnish  Bishop 

tiniu-ly  increased.      Only  a  limited  number  of!  Amos  '?ntl  lus  clerk  witn  transportation  and  subsistence 
less  than  at  first  intended— was  solicited-  I      .  e"  ltcan  be  done  without  prejudice  to  the  service,  and 

will  afford  them  courtesy,  assistance  and  protection. 
By  order  of  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 

AMERICAN    BAPTIST    HOME    MISSION    SOCIETY. 
WAR  DEPARTMENT,  ADJUTANT  GENERAL'S  OFFICE, 

WASHINGTON,  January  11,  1864. 

To  the  Generals  commanding  the  Military  Division  of  the 
Mississippi,  and  the   Departments  of  the   Gulf,  of  (lie 
South,  and  of  Virginia  and  North  Carolina,  and  all  Gen 
erals  and  officers  commanding  armies,  detachments,  and 
posts,  and  all  officers  in  the  service  of  the  United  Stated 
in  the  above  mentioned  departments: 
You  are  hereby  directed  to  place  at  the  disposal  of  the 
American  Baptist  Home  Mission  Society  all  houses  of  wor 
ship  belonging  to  the  Baptist -Church   South   in    which   a 
loyal  minister  of  said  church  does  not  now  officiate.     It  is 
a  matter  of  great  importance   to   the  Government  in  ita 
efforts  to  restore  tranqnility  to  the  community,  and  pe«ce 
to  the  nation,  that  Christian  ministers  should'  by  example 
and  precept  support  and  foster  the  loyal  sentiment   of  the 
people.     The  American  Baptist  Home  Mission  Society  en 
joys  the  entire  confidence  of  this  Department,  and  no  doubt 
is  entertained  that  all  ministers  who  may  be  appointed  by 
it  will  bo  entirely  loyal.    You  arc  expected  to  give  it  itil 
the  aid,  countenance,  and  support  practicable  in  the  execu 
tion  of  its  important  mission. 

You  are  also  authorized  and  directed  to  furnish  their 
executive  ofiicer  or  agent  and  his  clerk  witli  transportation 
and  subsistence  when  it  can  be  done  without  prejudice  to 
the  service,  and  will  afford  them  courtesy  assistance  aud 
protection. 
By  order  of  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 

UNITED    PRESBYTERIAN    CHURCH. 

WAR  DEPARTMENT,  ADJUTANT  GENERAL'S  OFFICE, 

WASHINGTON,  February  15,  1864. 

To  all  Generals  and  officers  commanding  armies,  detach 
ments,  and  posts,  and  ail  officers  in  the  service  of  the 
United  States,  in  the  States  of  Mississippi.  Arkansas 
Tennessee,  Alabama,  Georgia,  Florida,  and  South  and 
North  Carolina: 

You  are  hereby  directed  to  place  at  the  disposal  of  the 
authorized  Agent  of  the  "  Board  of  Home  Missions  of  tho 
United  Presbyterian  Church"  all  houses  of  worship  be 
longing  to  the  Associate  Uefonnvd  Presbyterian  Church,  in 
which  a  loyal  minister  who  has  been'  appointed  by  the 
Board  of  Home  Missions  of  said  church  does  not  now  offi- 


522 


APPENDIX. 


c-iate.  It  is  a  matter  of  great  importance  to  the  Govern 
ment  in  its  efforts  to  restore  tranquility  to  the  cotnrnunity, 
and  peace  to  tho  nation,  that.  Christian  ministers  should,  hy 
example  an<l  prompt  supporfand  foster  tho  loyal  sentiment 
of  tho  ])eo[)lo.  Tho  Hoard  of  Home  Missions  of  tho  United 
Presbyterian  Church  enjoys  tho  entire  confidence  of  thil 
Pcpa*  tiuont,  and  no  doubt  is  entertained  that  all  ministers 
vrho  may  bo  appointed  by  it  will  be  entirely  loyal.  You 
are  expected  to  give  it  all  the  aid,  countenance,  and  sup 
port  praulicahle  in  tho  execution  of  its  important  mission. 

This  authority  is  designed  to  apply  only  to  such  States  as 
nro  by  ihe  President's  Proclamation  designated  as  being  in 
rebellion,  and  is  not  designed  to  operate  in  loyal  States,  nor 
in  cases  where  loyal  congregations  in  rebel  States  shall  be 
organized  and  worship  upon  tho  terms  prescribed  by  the 
President's  Amnesty. 

You  are  also  authorized  and  directed  to  furnish  the  au 
thorized  Agent  of  the  Board  of  Home  Missions  of  tho  United 
Presbyterian  Church,  and  his  clerk,  with  transportation 
and  subsistence  when  it  can  be  done  without  prejudice  to 
tho  service,  and  will  afford  them  courtesy,  assistance,  and 
protection. 

By  order  of  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 


PRESBYTERIAN  CHURCH,    (0.    S.  AND  N.  S.) 

WAJI  DEPARTMENT,  ADJUTANT  GENERAL'S  OFFICE, 

WASHINGTON,  March  10,  1864. 

To  tho  Generals  commanding  the   Military  Division  of  the 

Mississippi,  and   the  Department  of  the  Gulf,   of  the 

South,  and  of  Virginia  and  North  Carolina,  and  all  gen- 

eniltf  and  officers   commanding  armies,  detachments,  and 

posts,  and  all  officers  in  tho  service  of  the  United  States, 

in  the  above  mentioned  Departments: 

Tho  Board  of  Domestic    Missions  of   the   Presbyterian 

Church  and  tho  Presbyterian  Committee  of  Home  Missions 

enjoy    the  entire  confidence   of  this   Department,  and  no 

doubt  is  entertained  thatall  ministers  who  may  be  appointed 

by  them  will  be  entirely  loyal. 

You  are  expected  to  permit  such  ministers  of  the  Gospel 
bearing  a  commission  of  the  "Board  of  Domestic  Missions" 
01-  of  the  '•  Presbyterian  Committee  of  Home  Missions  "  of 
the  Presbyterian  Church,  as  may  convince  you  that  their 
commissions  are  genuine,  to  exercise  the  functions  of  their 
office  within  your  command,  arid  to  give  them  all  the  aid, 
countenance,  and  support  which  may  bo  practicable  and  in 
your  judgment  proper  in  the  execution  of  their  important 
mission. 
By  order  of  the  Secretary  of  War; 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 

The  above  order  was  given  at  ihe  solicitation 
of  ihe  Rev.  Dr.  Janeway,  Mission  Rooms,  910 
Arch  street,  Phi  adelphia,  Pennsylvania,  and 
of  Ptev.  Dr.  Kendall,  Presbyterian  Room?,  150 
Nassau  street,  New  York  City,  and  copies  sent 
10  each  of  the  commanding  officers  of  the  Mil 
itary  Division  of  the  Mississippi,  and  the  De 
p  >r:nients  of  the  Gulf,  of  the  South,  and  of 
Virginia  and  North  Carolina.* 


*  The  Presbytery  of  Louisville,  0.  S.,  at  a  late  meeting, 
passed  a  series  '.>f  resolutions,  proposed  by  Dr.  S.  K.  Wilson,  in 
which  the  Presbytery  enters  a  solemn  protest  against  the 
action  of  the  Board  of  Domestic  Missions,  in  procuring  an 
or.ler  from  the  Secretary  of  War,  permitting  ministers  of 
the  gospel  bearing  a  commission  from  tho  Board,  to  exer- 
ci.se  th"ir  ministry  within  the  military  departments  in  the 
Southern  States.  Tho  Presbytery  further  calls  upon  the 
General  Assembly  "  at  once  to  disavow  the  said  act,  that  so 
the  Church  may  be  saved  from  the  sin,  reproach,  and  ruin 
which  this  thing  is  calculated  to  bring  upon  her." 

The  following  is  the  dissent  of  one  of  the  members  of  the 
Presbytery : 

The  undersigned  respectfully  dissents  from  the  action  of 
Presbytery : 

l-irst — Because  our  commission  is  into  all  the  world,  and 
unto  every  creature ;  and  the  e  are  some  of  them  that  w 
know  notliow  to  roach  without  a  pass. 

S"condly — Because  tho  trainers  of  our  Confession  of 
Faith,  both  by  wonL/nnd  by  deed,  recognized  the  powers 
that  be  as  "  nursing  fathers,"  bound  ''to  protect  the  Church 
of  our  oomin  'ii  Lord;"  and  wo  think  it  no  disgrace,  accord 
ing  to  our  ordination  vows,  still  to  adhere  to  this  doctrine 
of  our  fat  Iiei  s. 

Thirdly — llocauso  the  Apostle  Paul  asked  leave  to  preach 
tho  gospel  on  various  occasions,  both  of  the  civil  and 
military  authorities;  and  we  are  by  no  means  convinced 


UNITED    BRETHREN    IN    CHRIST. 
WAR  DEPARTMF.NT,  ADJCTANT  GENERAL'S  OFFICE, 

WASHINGTON,  March  -J3, 1861 
To  tha  Generals  commanding  the  Military  Divif-ion  of  the 
Mississippi,  the  Departments  of  the  Gulf,  of  the  South, 
and  of  Virginia  and  North  Carolina,  and  all  Gem-nils  and 
officers  commanding  armies,  detachments,  and  posts.  and 
all  officers  in  the  service  of  the  United  States  in  the  above 
mentioned  Departments: 

Ynii  are  hereby  directed  to  give  to  Teachers  and  Mission 
aries  sent  out  by  the  "Church  of  the  United  Brethren  in 
Christ,"  such  privileges  and  facilities  for  their  work  within 
the  limits  of  your  command,  as  arc  usually  given  to  others 
under  similar  circumstances  and  are  not  prejudicial  to  the 
service. 
By  order  of  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 

The  above  was  delivered  to  Rev.  D.  K.  Flick- 
inger,  of  Dayton,  Ohio. 

EXPLANATORY    ORDER.* 
WAR  DEPARTMENT,  ATUCTANT  GENERAL'S  OFFICE. 

WASHINGTON,  February  13, 18£i. 
MAJOR-GENERAL  KOSECRANS,  U.  ,S'.  Volunteers. 

Coindfj.  Dcpni'tment  of  the  Missouri,  Kt.  Louis.  Mo.: 
SIR:  I  am  directed  by  the  Secretary  of  War  to  pay  that 
the  orders  from  the  Department  placing  at  the  di-posal  of 
the  constituted  Church  authorities  in  the  Northern  States 
houses  of  worship  in  other  States,  is  designed  to  apply 
only  to  such  States  j:s  are  by  the  President's  Proclamation 
designated  as  being  in  rebellion  and  is  not  designed  to 
operate  in  loyal  States,  nor  in  cases  where  loyal  congrega 
tions  in  rebel  States  shall  be  organized  and  worship  upon 
the  terms  prescribed  by  the  President's  Amnesty. 
I  am,  Sir,  very  respectfully, 

Your  obedient  servant, 

E.  D.  TOWNSEND. 
Assistant  Adjutant  General, 

A  ropy  of  the  above  was  sent  to  lii.hop 
Ames. 

ENFORCEMENT  OF  THESE  ORDERS. 

In  pursuance  of  the  above  orders,  Brigadier 
General  Veatch  issued  this  order  at  Memphis: 

HEADQUARTERS  DEPARTMENT  OF  MI:MPHIS, 

Dumber  23,  18C3. 
Rev.  Bishop  AMKS  :  In  obedience  to  the  orders  of  tb« 

that  he  was  guilty  of  "  illicit  alliances,"  of  •'  spiritual 
whoredom,"  or  that  he  was  "demoralized"  thereby. 

Fourthly — Because  that  same  great  Apostlo  to  the 
Gentiles  rejoiced  that  the  gospel  Wiis  preached,  even 
through  envy  and  strife;  and  we  have  no  infallible  evidence 
that  he  went  contrary,  either  to  "the  word  of  God.''  or  to 
the  "testimony  of"  any  of  "  the  fathers,"  except  Cdtain 
of  the  "  sons  of  Issachar,"  who  have  recently  risen  up  in 
the  Presbytery  of  Louisville,  "  to  tell  tho  people  what 
to  do." 

Fifthly— Because  the  General  Assembly  of  "  the  Church 
in  the  wilderness  "  asked  leave  of  the  Ammonites  to  pass 
through  their  borders  while  journeying  on  ecclesiastical 
business;  and  we  have  never  heard  of  any  Presbytery 
protesting  against  their  action  as  unconstitutional  :  nor 
have  we  ever  heard  of  any  individuals  calling  such  right  in 
question,  except  riiaroah  and  Silion — both  of  them  hardened 
monarchs — who  did  it  to  their  own  destruction;  and  the 
Presbytery  of  Louisville,  "all  honorable  men,'1  who,  we 
fear,  have  done  it  to  their  own  injury. 

By  dissenting  only  from  this  action  of  Presbytery,  the 
undersigned  does  not  wish  to  be  understood,  by  any  means, 
as  endorsing  every  tiling  else  that  is  now,  or  may  hereafter 
become  wrong  in  this  wicked  world  of  ours. 

JAMES  P.  MCMILLAN. 

*  This  explanatory  order  was  issued  on  the  application  of 
Loyal  Methodists  of  Missouri,  for  whom  Rev.  John  llogan 
acted  in  bringing  it  to  the  attention  of  tho  President. 
This  note  to  Mr.  llogan  illustrates  the  President's  views: 

"As  you  see  within,  the  Secretary  modifies  his  order  so 
as  to  exempt  Missouri  from  it.  Kentucky  never  was  within 
it;  nor.  as  I  learn  from  the  Secretary,  was  it  ever  intended 
for  any  more  than  a  means  of  rallying  the  Methodist 
people  in  favor  of  the  Union,  in  localities  where  the  rebel 
lion  had  disorganized  and  scattered  them.  Even  in  that 
view,  I  fear  it  is  liable  to  some  abuses,  .tit  it  is  not  quite 
easy  to  withdraw  it  entirely  and  at  once. 

«  A.  LINCOLN. 

"  February  13,  IS64." 


APPENDIX. 


523 


Secretary   of   War,  dated    Washington.   November   SOtti 
1803,  a  coj»y  of  which   is  here  a  (Inched,  I   place   :it  yon 
disposal  a  '•  house  of  worship  "  known  as"  VV'esley  Ch; 
el,"  in  the  city  of  Memphis,  State  i»f  Tennessee,  the  s; 
house  being  claimed   as  the  property  of   the    Mcthodis 
Episcopal   Church  South,  and   there   being   no  loyal  jnin 
later,  appointed  by  a  loyal  Bishop,  now    officiating  in  soil 
house  of  worship. 

I  am,  very  respectfully,  your  obedient  servant. 

JAMES  C.  VEATCH, 
Brigadier  General. 

1864,  March  23— Rev.  J.  P.  Newman,  D.  D. 
Methodist  Episcopal,  delivered  an  address  'n 
New  Orleans  on  an  occasion  described  in  the 
subjoined  report  from  the  True  Delta,  of  Marcl 
28  : 

REV.  DR.  NEWMAN'S  ADDRESS  IN  NEW  ORLEANS, 
I  From  the  True  Delta,  March  28.] 

In  accordance  with  the  Government  plan  concerning  the 
churches  of  the  South,  the  Hoard  of  Missions  of  the  Metho 
dist  Episcopal  Church  have  sent  the  Kev.  J.  P.  Newman,  D 
D.,  to  New  Orleans,  to  take  charge  of  all  the  churches  of 
that  powerful  denomination  there.  A  very  large  audience 
composed  of  $ome  of  the  most  influential  citizens,  assem 
bled  on  the  evening  of  the  23d  inst.,  at  the  Carondelet 
street  Church,  to  exteud  to  the  reverend  gentleman  a  cor 
dial  welcome. 

On   being  introduced   by   the  chairman,   Dr.   Newman 
said  : 

There  were  three  reasons  for  sending  a  minister  from  New 
York  to  New  Orleans: 

1.  It  was  in  harmony  with  the  theory  of  labor  as  heM  by 
the  Methodist  Church.    There  is  no  such  Church  as  the 
Methodist  Church  North .    Ours  is  the  Methodist  Episcopal 
Church.     We  are  not  sectional.     We  acknowledge  no  geo- 
graphical  limits  less  than  the  world  itself.     Every  minister 
of  our  church  may  say  with  its  founder,  "  The  world  is  my 
parish  and  Heaven  is  my  home."     [Applause.]     In  the  sep 
aration  of  1844  our  church  relinquished  no  right  to  labor 
in  the  South,  but  since  has  claimed,  us  before,   and  still 
claims,  to  send  her  ministers  to  the  equator  and  to  the 
poles,  and  all  latitudes  between.     We  reject  the  sentiment 
that  we  are  encroaching  upon  the  rights  of  others.     If  the 
theory  that  we  are  sectional  be  true,  what  right  have  we  to 
send  ministers  to  Europe,   to  Scandinavia,   Bulgaria  and 
Constantinople  ?     This  movement,  then,  is  in  strict  harmo 
ny  with  our  system  of  labor. 

2.  It  is  required  by  the  present  state  of  the    country. 
Thousands  of  our  citizens  have  followed  in  the  track  of  our 
victorious  armies,  "  to  bui'.d  the  old  waste*,  and  raise  up  the 
former  desolations  and   repair  the  waste  cities,"  and  the 
church  had  been  recreant  to  her  trust  had  she  not  provided 
them  with  the  ministry  of  the  Word.     We  have  too  long 
trusted  our  Northern  men  who  have  taken  up  their  resi 
dence  South  to  the  exclusive  influence  of  Southern  teach 
ing  ;  but  that  day  is   past,  and  the  Church  now  declares 
that  she  will  not  trust  these  thousands  of  her  sons  and 
daughters  to — (the  words  of  the  speaker  were  here  lost  in  a 
storm  of  applause.)     Whatever  mountains  they  may  climb, 
into  whatever   valleys  they   may  descend,  on    whatever 
plains  they  may  spread  themselves,  or  whatever  seas  they 
may  cross,  she  claims  the  right  to  follow  them  with  her 
ministers  of  truth  and  peace.     [Applause.] 

3.  This  movement  was  justified  by  the  present  disorgan 
ized   and   destitute  condition   of  the 'Southern   churches. 
Their  former  ministers  had  either  fled  or  been  silenced,  or 
imprisoned,  or  banished,  and  it  had  become  the  solemn  du 
ty  of  the  Mother  Church  to  send  shepherds  to  thes-i  deserted 
and  scattered  flocks.     A  shepherd  should  never  leave  his 
flock  though  all  of  Uncle  Sam's  guns  were  turned  against 
him      [Applause.] 

Toward  these,  her  children,  has  the  Mother  Church  been 
"  moved  with  compassion,"'  seeing  that  they  are  as  "  sheep 
without  K  «hepherd,'rand  by  her  direction  1  came  as  a  min 
ister  of  Christ  TO  supply  the  consolation  of  religion  to  her 
members.  While  I  have  much  respect  for  balls  and  bayo 
rets,  my  great  hope  for  thecalvation  of  the  country  is  the  | 
Gospel  I  expect  to  mingle  with  you  in  your*  prayer 
meetings.,  and  by  all  ministerial  und  pastoral  fidelity  shall 
try  to  IK, Id  up  the  Cross,  to  preach  a  gospel  which  is  "  the 
power  of  Gi-Uunto  salvation  to  every  one  that  believeth." 

These  are  the  reasons  which  influenced -the  Missionary 
Boa  HI  t;;  recommend  to  the  Bishops  to  make  this  provision 
for  thfe  spiritual  wnutsoi'  this  section  of  our  country. 

But  we  li nd  ourselves  met  on  the  threshold  by  two  em 
baiiiiHsments,  of  which  I  have  heard  since  my  arrival  in 
New  Orleant. : 

1.  Tiie  question  of  property  confronts  us.  We  are  de 
nounced  hn  cl'.un  h  robbers;  are  charged  with  having  rob 
bed  tin.  peopit-  of  the  Gouth  of  their  church  property. 


My'answer  is:  The  right  of  church  property  ha*  never 
been  disturbed,  as  far  us  we  are  concerned. 

The  General  Government  has  seen  lit  to  seize  thesp- 
churches,  but  it  has  not  conveyed  their  title  to  us.  Then* 
has  been  no  pasi-ing  of  deeds.  We  do  no*,  own  an  inch 
eittier  of  this  or  any  other  church  in  the  South.  The  Sec 
retary  of  War  wrote  to  the  General  commanding  this  De 
partment  t.oplaceal  thedisposal  of  Bishop  Ames  the  Meth 
odist  churches  for  the  use  of  the  loyal  minister**.  If  then* 
has  heen  any  robbery  the  accusation  lies  against  the  Gen 
eral  Government.  But  the  General  Government  ha*  com 
mitted  no  robbery.  It  was  aware  that  these  Hunches  were 
occupied  (so  far  as  they  were  occupied  at,  all)  by  congrega 
tions  united  by  disloyal  sympathies  and  by  teachers  dis 
posed  to  inculcate  treason  Jt  knew  that  if  they  werw 
placed  under  the  care  of  the  Methodist  Church  they  would 
be  occupied  by  no  ministers  but  would  be  loyal  to  the  Gov 
ernment,  and  that  they  would  be  likely  to  gatbei  around 
them  loyal  hearers.  [Applause.]  So  much  then  for  prop 
erty.  He  did  not  want  to  hear  another  word  whout  the 
robbery  of  church  property  while  lie  was  in  New  Orleans. 
2.  Another  embarrassment  is  the  charge  that  the  Meth 
odist  Church  is  a  political  church,  and,  therefore,  should 
not  be  tolerated  in  the  South. 

Let  us  analyze  this  charge.  Does  it  mean  that  it  is  uni 
ted  to  the  State  like  the  Church  of  England  ?  Have  we  no* 
recently  heard  the  disclaimer  of  our  President,  that  he 
loos  not  "  run  tho  churches?" 

Does  it  moan  that  it  is  a  political  party  ?  that  its  minis 
ters  are  stump  orators?  that  its  class  meetings,  prayer 
meetings,  quarterly  meetings,  its  annual  and  general  con- 
"ereneee  are  so  much  political  machinery,  worked,  for  po- 
itical  or  partisan  ends  ?  It  will  not,  be  pretended.  Does- 
t  mean  that  our  church  is  loyal  to  the  General  Govern 
ment?  It' f  his  be  the  meaning,  I  shall  admit  the  charge. 
We  hold  and  teach  that  loyalty  is  a  religious  duty,  as  truly 
obligatory  as  prayer  itself.  The  twenty  third  article  of  the 
discipline  is  equally  binding  on  the  clergy  and  the  laity,  aud 
constitutes  us  a  confessedly  loyal  church"  Nor  is  it  optional 
with  the  minister  whether  he  inculcates  loyal  seritmu-ute 
or  not,  tor  how  shall  a  man  be  saved  unless  ho  be  loyal  ? 

Does  it  mean  that  we  are  opposed  to  the  doctrine  of  t-tate- 
sovereignty ,  Secession  and  Rebellion  ?  I  accept  the  deliui- 
ion.  From  ihe  Sabbath-school  scholar  to  the  minister, 
rom  the  exhorter  to  the  bishop,  our  whole  membership 
•eprobato  these  doctrines. 

Does  it  mean  that  our  ministers  denounce  political  cor. 
•upturns?  I  accept  the  definition.  If  in  this  we  go  astray, 
vego  astray  with  Moses,  who  confronted  the  greatest  slave - 
lolder  that  ever  lived  ;  with  Paul,  who  reasoned  before- 
^clix  "of  righteousness,  temperance,  and  judgment  to 
:ome  ;"  with  John  the  Baptist,  who  said  to  Horod  Aniipus, 
'  it  is  not  lawful  for  thee  to  have  thy  brother  Philip's 
vife  ;"  with  ]  uther,  who  attacked  with  ihe  sword  of  truth- 
he  political  abominations  of  .Popery. 
I  have  reproved  sin  in  New  York,  and,  God  helping  me,  I 
hall  reprove  it  in  your  Crescent  city.  I  hate  coward. ce, 
ud  approbate  the  outspoken  truthfulness  of  the  ministers- 
f  the  North;  and  on  fidelity  to  the  truth  depends  the  sa!- 
•ation  of  our  country.  It  is  a  truth  verified  by  ail  historv,. 
s  is  the  Church  so  is  the  State.  With  no  war  has  the- 
liurch  been  more  identified  than  with  the  present.  With 
his  war  no  Church  has  been  more  identified  than  the 
Icthodist  Church,  both  North  and  South. 
The  Methodist  Church  South  has  given  no  reluctant  ad- 
esiou  to  the  rebellion  ;  has,  perhaps,  been  foremost,  inier 
ares  prima,  in  the  mad  race  of  disunion. 
The  Methodist  Church  has  not  been  less  unanimous  and: 
ealous  in  the  defence  of  the  Union.  Her  bishops,  her  min 
sters  and  her  laity  have  nobly,  responded  to  the  call  of 
iieir  country  in  this  the  hour  of  her  peril.  The  voics  of 
impson  has  been  heard  pleading  eloquently  for  the  unity 
f  his  country.  Ames,  as  patriotic  as  wise,  has  not  hesitu- 
ed  to  lend  his  aid  to  oar  unfortunate  prisoners  in  Ricb- 
iond,and  to  give  his  sons  to  the  army.  Janes  has  found 
o  narrow  field  for  his  philanthropic  heart  in  the  labors  of 
'10  Christian  Commission.  All  our  church  pape-s  and  pe- 
odicals  have  given  an  uncompromising,  zealous,  persist- 
nt  support  to  the  Government,  and  have  thrown  the  whole- 
•eight  of  their  influence,  intelligent  as  it  was  potent,  on 
tho  side  of  the  Union. 

The  speaker  was  glad  that  he  was  able  to  present  thesr 
views  and  statements  before  an  audience  so  large,  intelli- 
gentand  thoughtful.  And  now,  in  conclusion,  what  was 
thc  object  he  had  in  view  ? 

The  Board  ot  Missions,  which  had  been  considered  a  con- 
servative  body,  (a  body  of  business  men  in  u  small  room  in 
the  city  of  New  York.)  had  requested  that  an  appropr  a- 
lion  should  be  made  for  the  benefit  of  this  work  in  th<> 
South,  and  that  it  should  be  applied  without  distinction  of 
color. 

Much  had  been  said  about  equality.  But.  he  believed 
that  all  men  were  equal  in  religious  privileges,  and  ought 
to  be  equal  iu  law;  and  he  admonished  his  audience  that 


APPENDIX. 


if  'ho  Caucasian  should  reject  tho  Gospel  and  refuse  to  fill 
the  churches,  (casting  his  eyes  toward  the  galleries,  which 
were  tilled  with  faces  of  a  darker  hue,)  we  turn  to  the  sons 
of  Africa.  [Applause.] 


THE  CHURCH  QUESTION   IN   BALTI 
MORE. 

THIRD    8ES8IO.V,    THIRTY-SEVENTH    CONGRESS. 

1803,  March  3— Mr.  May,  of  Maryland, 
moved  that  the  rules  be  suspended,  to  enable 
Mm  to  submit  the  following  : 

Whereas,  It  is  represented  that  Major  General  Scbenck. 
commanding  the  forces  of  the  United  States  stationed  in 
Baltimore,  Maryland,  hns  ordered,  as  a  condition  to  be  an 
nexed  to  the  worship  of  Almighty  God  by  certain  religious 
societies  or  congregations  of  the  Methodist  Church  of  that 
city,  that  tho  flag  of  the  United  States  shall  be  conspicu 
ously  displayed  at  the  time  and  place  of  such  worship; 
and 

Whereas,  The  said  order  is  a  plain  violation  of  the  in 
alienable  right  to  worship  God  according  to  the  dictates  of 
every  one's  conscience,  as  it  is  asserted  by  the  said  congre 
gations,  and  also  by  our  declarations  of  fundamental  rights, 
and  secured  by  our  State  and  Federal  Constitutions;  and 

Whereas.,  A  minister  of  tho  said  congregation,  the  reverend 
John  11.  Dashiell,  having,  on  Sunday,  the  loth  ultimo, 
removed  the  said  flag  from  his  own  premises,  which  was 
.also  the  place  of  worship  of  one  of  said  congregations, 
where  the  said  flag  had  been  placed  surreptitiously  by 
some  evil-minded  person,  and  for  so  doing  was  arrested  by 
order  of  the  said  General  Schenck,  and  held  as  a  pris 
oner  :  Therefore 

JResolced,  That  the  Judiciary  Committee  be,  and  hereby 
Is.  instructed  to  inquire  into  the  allegations  aforesaid,  and 
ascertain  by  what  authority  the  said  General  Schenck 
exercises  a  power  to  regulate  or  interfere  with  trie  privi 
leges  of  divine  worship,  and  also  to  arrest  and  detain  as  a 
prisoner  the  said  minister  of  tho  Gospel,  as  aforesaid;  and 
further,  that  the  said  Committee  be  instructed  to  report 
upon  the  same  at  an  early  day. 

Consent  was  not  obtained,  the  subject  being 
undetermined  when  the  Speaker  adjourned  the 
House  sine  die. 

The  facts  in  the  case  were  as  follow  : 

FIRST    ORDER    OF    GENERAL    SCHENCK. 

HEADQVASTEKS  MIDDLE  DEPARTMENT,  STH  AHMY  CORPS, 
OFFICE  PROVOST  MARSHAL, 

BALTIMORE,  Feb.  9, 1863. 
JOHX  McGEOCH,  Esq.,  Gen'l  Sup'd't  Assembly  Rooms, 

Cor.  Hanover  and  Lombard  St. : 

giR — I  understand  that  considerable  disgust  is  excited 
in  the  mind  of  a  class  of  persons  who  assemble  at  your 
Booms,  in  consequence  of  the  American  Flag  having  been 
•displayed  there. 

You   will   hereafter  cause  constantly   to   bo  displayed 
in  a  conspicuous  position  at  the  head  of  the  hall  a  large 
size  American  Flag  until  further  orders. 
By  order  Major  General  Schenck  : 

WM.  S.  FISH, 
Major  and  Provost  Marshal. 

SECOND  ORDER-OF  GENERAL  SCHENCK. 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 
OFFICE  PROVOST  MARSHAL, 

BALTIMORE,  Feb.  14, 1863. 

JOHX  M.  BUCK,  Franklin  Rani;  R.  II.  MILKS,  II.  W.  BROUGH, 
and  others.  Tranter*  Cei/trul  Methodist  Church: 
CEXTLEMCX— 1  understand  that  rather  than  to  worship 
God  under  the  hhadow  of  the  American  Flag  you  have  in 
•consequence  of  the  order  for  you  to  display  in  the  bnildingin 
which  yon  hold  your  services,  our  glorious  flag,  concluded 
not  to  hold  such  worship  at  the  place  you  have  been 
.accustomed  to  have  it  and  have  chosen  some  other  place  for 
no  other  purpose  than  evading  this  order.  Therefore  you 
•will  under  these  circumstances  cause  to  be  conspicuously 
•displayed  in  the  public  building  or  buildings  where  you 
meet  to-morrow  (the  Xithj  the  American  Flag. as  in  accord 
ance  with  first  onler.to  Mr.  McGeoch.  I  understand  the 
congregation  of  which  you  arc  the  trustees  are  to  meet  in 
different  places.  The'  regulation  mentioned  aboye  will 
liave  reference  to  each  place. 

By  order  Major  General  Schenck: 

WM.  S.  FISH, 
Major  and  Pruvost  Marshal. 


REPLY  OF  ONE  OF  THE   TRD.*TET:s. 

B.U.TJMOBE,  Wh  F".br>Mry,  1863. 
Major  General  SCHEXOK:: 

GEXKUAL — A  cotnmnnication  (without  date)  from  tha 
Provost  Marshal,  by  your  order,  addressed  to  myself  and 
others,  as  trustees  of  Central  Methodist  Church,  was  handed 
me  at  a  late  hour  to  day. 

Some  of  the  other  gentlemen  named  being  absent  from 
the  city,  I  have  deemed  it  my  duty  to  reply  individually. 
Tho  communication  referred  to  sets  forth  that  ••  I  under 
stand  that  rather  than  to  worship  God  under  the  shadow  of 
the  American  flag  you  have  in  consequence  of  the  order 
for  you  to  display  in  the  building  in  which  you  hold  your 
services,  our  glorious  flag,  concluded  not  1o  hold  such 
worship  at  the  place  you  have  been  accustomed  to  have  it. 
and  have  chosen  some  other  place,  for  the  no  oth«-r  purpose 
than  evading  this  order.  Therefore  you  will  uti  ier  these 
circumstances,  cause  to  be  conspicuously  displayed  in  the 
public  building  or  buildings,  wlWo  you  meet  to-morrow 
(the  15th)  the  American  flag  as  in  accordance  with  tir-t 
order  to  Mr.  McGeocli.  I  understand  the  congregation  of 
which  you  are  the  trustees  are  to  meet  in  two  dilfeivnt  places. 
The  regulation  mentioned  above  will  have  reference  to 
each  place." 

I  beg  to  assure  you,  general,  that  from  whatever  source 
you  may  have  derived  your  information,  it  is  erroneous. 
The  congregation  worshipping  at  the  Assembly  Room* 
have  been  doing  so  for  nearly  one  year,  and^it  may  truth 
fully  be  said,  a  more  respectable  and  well  ordered  congre 
gation  has  nowhere  assembled.  Discarding  all  political 
associations,  we  have  not  only  sought,  but  insisted,  that 
we  would  only  have  tho  gospel  preached  unto  us.  With 
great  profit  and  religious  comfort,  we  have  thus  conducted 
our  exercises  for  all  the  time  referred  to,  and  not  one  un 
pleasant  circumstance,  so  far  as  we  know,  has  ever  occurred 
to  interrupt  such  harmony.  On  last  Sabbath.  (8th)  when 
the  congregation  assembled  as  usual,  for  the  morning 
service,  it  was  found  that  two  large  American  flags  were 
displayed  immediately  over  and  in  rear  of  the  preacher's 
stand.  Of  course  so  unusual  an  exhibition  seemed  strange, 
and  may  have  been  objected  to  by  a  few,  but  the  voluntary 
explanations  made  by  Mr.  McGeoch, in  effect,  that  the  late 
ness  of  the  hour  at  which  the  room  was  vacated  on  Satur 
day  night,  prevented  him  from  arranging  it  as  he  had 
always  heretofore  done,  was  satisfactory;  and  especially  BO 
to  tho  great  body  of  the  members.  The  congregation  in 
the  morning  was  very  large:  indeed,  the  room  was  crowded, 
and  nothing  was  either  said  or  done,  so  far,  certainly,  as 
the  members  were  concerned,  calculated  to  give  offence,  01 
in  the  smallest  degree  wound  the  feelings  of  the  most  sen 
sitive  —no  indignity  whatever,  by  look,  or  word,  or  gesture, 
was  offered  to  the  American  flag. 

Tho  congregation  at  night  was  about  the  usual  average 
night  assembly.  A  few  days  thereafter  the  oiticial  mem 
bers  learned-with  deep  regret,  and  no  little  -urpiise,  that 
the  agent  (Mr.  McGeoch)  had  received  orders  from  you,  that 
the  American  flag  should  always  be  displayed,  as  on  last 
Sabbath,  and  as  it  was  irnj  ossible  for  the  official  members 
to  put  any  other  construction  upon  such  order  than  a  denial 
to  them  of  the  right  to  worship  God  according  to  the  dic 
tates  of  their  own  consciences,  ami  as  such  order  was  unu 
sual,  different  from  what  they  had  all  their  lives  been  ac 
customed  to,  and  not  made  applicable  to  other  religious 
assemblies  in  this  city,  they  felt  impelled  to  vacate  the  As 
sembly  Rooms. 

Not,  as  you  suppose,  general,  that  they  would  not  "  wor 
ship  God  under  tho  shadow  of  the  American  flag;"  lor  this 
a  very  large  congregation,  including  most  of  our  members, 
had  done  on  the  previous  Sabbath.  But  upon  the  ground, 
and  for  the  reason,  that  they  were  denied  the  right  to  wor 
ship  Cod,  without  tho  display  of  such  ensign. 

The  undersigned  begs  io  be  pardoned  for  saying  to  so  dis 
tinguished  and  so  intelligent  a  gentleman  as  General 
Schenck,  that  the  inalienable  right  to  worship  God,  accord 
ing  to  the  dictates  of  every  man's  conscience,  however 
much  it  may  have  been  interfered  with  in  other  countries, 
has  ever  been  accorded  to  all  men  in  this  land  of  liberty,  as 
indeed  it  might  well  be  to  all  the  inhabitants  living  "under 
theb:'st  government  the  world  ever  saw." 

So  sacred  h;is  this  right  been  esteemed  that  nearly,  if  not 
all  the  States  of  North  America,  have  thrown  around  it  the 
protection  of  legislative  enactments;  and  for  the  mainte 
nance  of  this  great  principle  men  have,  in  all  ages,  lu-en 
willing  "to  count  not  only  their  own  lives  dear  unto  them" 
— have  "  taken  joyfully  the  spoiling  of  their  goods.'' 

The  difficulty,  therefor.-,  general,  is  not  in  the  display 
of  the  American  flag,  abstractly  considered,  but  it  is  as  to 
whether  this  gmit  principle  of  the  free  worship  of  God 
shall  l»o  surrendered. 

Intimately  associated  with  the  congregation  at  the  As 
sembly  Rooms,  we  have  two  other  appointments — one  in  Bid- 
die  street  the  other  at  Chatsworth  The  latter  has  been  a 
Mission  school  and  place  of  worship  for  two  years,  and  if 


APPENDIX. 


525 


Hie  private  property  of  Charles  J  Baker,  merchant  of  this 
city,  'ihe  former  is  the  private  property  of  the  Rev.  John 
Dasliiell,  who  occupies  it  for  the  instruction  of  youth  dur 
ing  tlu»  week,  and  our  association  pays  him  rent  tor  its 
Me  on  tlie  P-abbath  and  f  r  week-night  preaching.  We 
have  used  it  now  for  nearly  one  year.  General  Schenck, 
therefore,  cannot  f;v.il  to  perceive  that  we  have  not,  as  the 
communication  from  the  Provost  Marshal  states,  "  chosen 
-oim*  other  place,  for  the  no  other  purpose  than  evading 
this  order"— meaning  of  courte  the  order  to  display  the 
flag  at  the  Assembly  Rooms. 

At  both  of  these  appointments,  large  and  highly  respect-  | 
able  congregations  assemble  every   Sabbath  to   hear  the  | 
Gospel,  a  flourishing  Sabbath  school  is  also   attached  to 
each,  and  lately,  under  the  influence  of  the  Gracious  Spirit, 
many  have  been  added  to  the  Church. 

The  undersigned,  therefore,  in  view  of  all  the  circum- 
SKUHCS,  and  with  all  that  respect,  which  the  petition  of 
such  a  distinguished  gentleman  as  General  Schenck  should  I 
ever  command,  begs  leave  to  say  tViat  he  (the  undersigned) 
has  neither  the  right  nor  the  inclination  to  order  the  Amer 
ican  flag  or  any  other  ensign  to  be  displayed  at  either  of 
the  places  referred  to. 

With  very  great  respect, 

JOHN  M.  BUCK, 

Recording  Steward. 

CARD    OP    MR.    DASHIELL. 

"To  prevent  misrepresentation,  it  is  deemed  best  to  ex 
plain  an  incident  that  may  be  erroneously  reported  in  the 
morning  papers. 

"Yesterday  morning  a  small  American  flag  was  found 
nailed  over  the  door  of  my  school-building,  105  Diddle 
street,  Hie  large  hall  of  which  is  rented  for  religious  wor 
ship.  I  did  not  know  by  what  hands  or  at  what  hour  it 
had  been  done.  Lest  it  should,  by  the  oddness  of  the 
thins:,  attract  around  the  door  a  crowd,  and  produce  a  dif 
ficulty,  and  because  it  was  not  done  by  constituted  author 
ity,  but  surreptitiously  in  the  night,  and  furthermore,  be 
cause  it  was  my  will,  as  the  owner  of  the  property,  that  no 
display  of  the' kind  should  be  made  upon  it.  I  removed  it. 
Who  put  it  there,  and  what  were  the  motives  or  where 
was  the  policeman  when  it  was  done,  I  shall  not  now  in 
quire. 

"JOHN  II.  DASHIELL, 

"  287  N.  Howard  Street. 

"Monday  Morning,  Feb.  16th,  1863." 

ACTION  OF  THE  OFFICIAL  MEMBERS. 

At  an  adjourned  meeting  of  the  official  mem 
bers  of  the  several  congregations  worshipping 
at  Chatsworth,  Biddle  street,  and  formerly  at 
the  Now  Assembly  Rooms,  held  on  Tuesday 
evening,  February  17th,  the  following  pre 
amble  and  resolutions  were  unanimously  adopt 
ed:— 

Whereas,  the  inalienable  right  to  worship  God  according 
to  the  dictates  of  every  man's  conscience  has  ever  been  ac 
corded  to  all  the  inhabitants  of  this  country,  and  is  so  sa 
cred  a  privilege  as  not  to  be  lightly  esteemed  or  easily  set 
itKide,  and  has  been  guaranteed  by  the  legislative  action  of 
nearly,  if  not  quite  all  the  States  of  this  nation ;  and 
wfiereas.  the  congregation  lately  worshipping  at  the  New 
Assembly  Rooms  have  enjoyed  this  inestimable  privilege, 
at  said  place,  for  nearly  one  year,  with  great  religious  com 
fort  and  edification,  and  free  from  any  interruption  what 
ever:  and  whereas,  tin  order  has  now  issued  from  Major- 
General  Schenck,  military  commander  of  this  district,  di 
recting  the  American  flag  to  be  constantly  displayed  in  a 
conspicuous  place  in  said  building,  and  which  in  effect 
prohibits  our  worship  without  the  display  of  such  ensign; 
and  wiicreaf,  such  order  is  unusual,  and  not  made  applica 
ble  to  other  religious  congregations  of  this  city;  and 
whereas,  no  other  construction  can  be  placed  upon  such 
order  than  a  direct  interference  with  the  great  principle  of 
the  free  and  untrammeled  worship  of  Almighty  God  ; 
therefore, 

Rcsolwd.  That  we  respectfully  but  earnestly  protest 
against  the  right  of  Major-General  Schenck,  or  any  other 
military  or  civil  officer,  to  interfere  with  or  interrupt  us 
in  our  sacred  and  solemn  duty  of  worshipping  God. 

Rexn!vf;d,  That  by  reason  of  such  order  and  interference 
we  decline  any  longer  to  occupy  the  New  Assembly  Rooms. 

Resolved,  That  these  proceedings  be  signed  by  the  chair- 
wian  and  secretary,  and  published  in  the  city  papers. 

JOHN  M.  BUCK,  Chairman. 

WILLIAM  R.  BARRY,  Secretary. 


ARREST  AND  RELEASE  OF  MR.   DASHIELL. 

Mr.  Drtshiell  was  arrested,  but  released  on 
signing  a  parole,  stated  below  : 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 
OFFICE  PROVOST  MARSHAL, 

BALTIMORE,  February  17, 1863. 
Rev.  JOHN  II.  DASHIELL  : 

DEAR  SIR — I  enclose  another  parole,  which  I  sincerely 
hope  yon  cannot  take  exceptions  to  sign ;  and  indeed  I 
cannot  conceive  how  any  citizen,  or  reasonable  man,  MI*  I 
have  abundant  evidence  you  are,  can  hesitate  to  put  his 
name  to  such  a  paper,  no  matter  how  ultra  his  private 
sentiments  or  views  rnay  be — which,  as  I  assured  you  be 
fore,  id  none  of  my  business.  You  said  to  me  on  Monday 
morning  that  you  thought  it  would  have  been  fatter  tor 
you  first  to  have  ascertained  whether  the  Hag  in  question 
was  placed  in  your  building  by  authority  or  not  before 
taking  the  measures  you  did.  And  as  to  the  remainder  of 
the  parole  (or  the  parole  proper),  I  think  your  feelings  are 
exactly  in  consonance  with  what  I  ask  you  to  give  your 
parole  to  do.  If  you  conclude  to  sign  the  accompanying 
parole,  please  do  so,  and  send  immediately  back,  and  I  will 
endeavor  to  procure  your  return  to  your  family  this 
evening. 

I  am,  very  respectfully, 

Your  most  obedient, 

WM.  S.  FISH, 
Major  and  Provost  Marshal. 

HEADQUARTERS  MIDDLE  DEPARTMENT,  STH  ARMY  CORPS, 
OFFICE  PROVOST  MARSHAL, 

BALTIMORE,  February  17, 18G3. 

I,  John  II.  Dashiell,  frankly  admit  that  it  was  my  duty 
to  have  first  inquired,  or  endeavored  to  learn  from  some 
reliable  source,  whether  the  national  flag  which  was  Dis 
played  at  the  window  of  the  building  in  Biddle  street, 
from  which  I  took  it  on  Sunday  last,  was  placed  there  by 
authority,  before  I  proceeded  to  take  it  down  on  my  own 
responsibility;  and  I  hereby  give  my  parole  of  honor  that 
I  will  in  «-very  respect  demean  myself  as  a  true,  loyal,  law- 
abiding  citizen  of  the  United  States  should,  neither  doing 
myself,  or  aiding,  abetting,  or  countenancing  any  act  of 
others  that  is  prejudicial  to  the  good  of  my  country,  or  the 
honor  of  its  flag. 

JOHN  II.  DASIIIELL.         [Seal.] 

Witness — John  K.  Barbour,  Capt  9th  Penna.  Reserves, 
Provost  Marshal,  Fort  Me  Henry,  Md. 

CORRESPONDENCE      BETWEEN      GOVERNOR      BRAD 
FORD  AND  THE  STEWARDS  OF  THE  CHURCH. 

HEADQUARTERS  MIDDLE  DEPARTMENT, 

EIGHTH  ARMY  CoKpg, 
BALTIMORE,  MD.,  March  28,  1863. 
His  Excellency  A.  W.  BRADFORD, 

Governor  of  Maryland: 

DEAR  Sin — Certain  parties  here  who  took  offence  at  the 
sight  of  the  United  States  flag  in  their  place  of  worship 
have,  I  understand,  addressed  a  letter  to  you  complaining 
of  the  orders  issued  from  these  headquarters  in  relation 
thereto. 

One  of  these  parties  addressed  tome,  and  afterwards  pub 
lished  in  the  newspapers,  a  communication  on  the  subject, 
which  I  did  not  deem  it  necessary  in  any  way  to  answer. 

But  if  not  incompatible  with  the  public  interest  I  shall 
be  glad  to  have  you  furnish  me  with  a  copy  of  your  corre 
spondence  on  the  subject,  with  leave  to  make  it  public,  as  I 
think  there  might  be  corrected  thereby  some  mistaken 
views  and  opinions  of  my  action  in  the  matter. 
I  am,  very  respectfully, 

Your  obedient  servant, 

ROUT.  C.  SCHENCK, 
Major  General  Commanding. 

STATE  OF  MARYLAND, 

EXECUTIVE  DEPARTMENT, 

ANNAPOLIS,  April  1.  1863. 
Major  General  R.  C.  SCHENCK, 

Commanding  Middle,  Department : 

DEAR  SIR — I  have  received  yours  of  28th  ultimo,  in  which, 
referring  to  a  correspondence  lately  had  between  some  gen 
tlemen  of  Baltimore  and  myself,  on  the  subject  of  your  or 
der  directing  the  display  of  the  United  States  flag  in  their 
place  of  worship,  you  request  me  to  furnish  you  a  copy  of 
that  correspondence,  and  to  allow  you  to  make  it  public,  if 
not  incompatible  with  the  public  interest. 

The  correspondence  referred  to  took  place  some  weeks 
since,  and  involving  as  it  does  an  inputation  upon  your 
official  conduct  in  this  military  department,  you  would  seem 
to  be  entitled  to  a  copy  of  it,  as  you  request.  I  accordingly 
inclose  it,  and  as  the  subject  has  been  already  repeatedly 


526 


PPENDIX. 


referred  to  through  the  press,  can  see  no  objection  to  its  ! 
publication,  especially  if,  as  you  suggest,  it  may  be  at  all 
calculated  to  correct  tiny  mistaken  views  that  may  exist  in 
reference  to  your  course. 

Very  respectfully, 

Your  obedient  servant, 

A.  W.  BRADFORD. 

LETTER    OF    TRUSTEES    TO    THE    GOVERNOR. 

BALTIMORE,  March  3. 1863. 
To  His  Excellency  A.  W.  BRAI>FGKT>, 

Governor  uf  Maryland: 

SIR — The  undersigned.  Stewards  of  the  Central,  Chats- 
worth,  and  Diddle  Street  Methodist  Episcopal  Churches  in 
this  city,  having,  by  an  extraordinary  order  from  Major 
General  Schenek,  Military  Commander  for  this  district, been 
deprived  of  the  right  and  privilege  of  holding  public  wor 
ship,  except  upon  conditions  prescribed  by  military  author 
ity,  feel  constrained  to  make  application  to  your  Excellency 
for  that  relief  and  protection  which  is  guaranteed  to  them 
by  the  Constitution  and  laws  of  Maryland,  and  which  we 
•are  well  persuaded  is  entirely  within  the  power  of  your 
Excellency  to  afford. 

In  bringing  to  the  notice  of  your  Excellency  a  state 
ment  of  our  grievances,  we  beg  your  indulgence  for  the 
reference  we  shall  make  to  the  commencement  of  our  or 
ganization,  it  seeming  to  us  to  be  esseiitial  in  order  to  a 
correct  understanding  of  the  whole  subject.  The  General 
Conference  of  the  Methodist  Episcopal  Church  which  met 
at  Buffalo.  New  York,  in  May,  1860,  changed  the  Discipline 
of  our  Church,  and  unconstitutionally  introduced  a  new 
dogma,  or  chapter,  into  the  Discipline,  very  objectionable 
to  a  number  of  the  Annual  Conferences,  and  especially  so 
to  the  Baltimore  Conference ;  by  reason  of  which  a  major 
ity  of  the  ministers  and  laymen  determined  that  they  would 
no  lunger  hold  affiliation  with,  or  be  subject  to  the  jurisdic 
tion  of  said  General  Conference. 

In  furtherance!  of  this  a  Laymen's  Convention,  numer 
ously  attended  by  delegates  from  the  various  stations  and 
-circuits  within  the  bounds  of  the  Baltimore  and  East  Balti 
more  Conferences,  was  held  in  the  Eutaw  Methodist  Epis 
copal  Church,  ill  this  city,  in  December,  18GO.  The  lion. 
J.  Summerfield  Berry  was  Chairman,  and  the  Convention 
adopted  resolutions  declaring  they  would  not  submit  to  the 
new  chapter,  and  in  effect  ignoring  the  jurisdiction  of  the 
Buffalo  General  Conference. 

AL  other  Laymen's  Convention,  convened  tinder  a  call 
from  the  Presiding  Polders  and  Lay  Stewards,  met  at  Staun- 
ton,  Virginia,  in  March,  1861,  (at  the  same  time  as  the  Bal 
timore  Annual  Conference,)  and  reaffirmed  the  position 
which  had  been  taken  at  the  Baltimore  Eutaw  Convention 
the  preceding  December,  the  most  prominent  supporters 
at  this  second  Convention  being  lion.  J.  Summerfield  Berry 
and  the  Hon.  Hugh  L.  Bond. 

The  Baltimore  Conference,  then  in  session  at  Staunton, 
received  and  acted  upon  the  memorial  from  the  Laymen's 
Convention — approved  of,  and  agreed  in  sentiment  with  said 
Laymen's  Convention,  and  resolved,  "That  we  hereby  de 
clare  that  the  General  Conference  pf  the  Methodist  Episco 
pal  Church  held  at  Buffalo  in  May,  I860,  by  its  unconstitu 
tional  action,  has  sundered  the  ecclesiastical  relation  which 
has  hitln  rto  bound  us  together  as  one  Church,  so  far  as  any 
wet  of  theirs  could  do  so.  That  we  will  not  longer  submit 
to  the  jurisdiction  of  said  General  Conference,  but  hereby 
declare  ourselves  separate  and  independent  of  it — still  claim 
ing  to  be,  notwithstanding,  an  integral  part  of  the  Metho 
dist  Episcopal  Church."  This  resolution  was  passed  bv  the 
following  vote:  ayes  87,  no  1,  declining  to  vote  41.  "Soon 
after  the  adjournment  of  the  Baltimore  Conference  at  Staun 
ton— in  March,  1861— the  unhappy  civil  war  broke  out,  and 
was  in  existence  in  March,  1802,  the  tirno  for  the  Baltimore 
Conference  to  meet  again. 

But  the  great  body  of  the  ministers  were  in  Virginia,  and 
unable  to  reach  the  place  (Baltimore  city)  of  its  sitting. 
Most  of  the  minority,  however,  (that  is,  the  forty-one  de 
clining  to  vote,)  were  not  so  unfortunately  situated,  and 
hence  this  minority,  notwithstanding  the  action  had  nt 
Staunton,  Virginia,  did  meet  in  the  Light  Street  Church, 
under  the  jurisdiction  of  the  General  Conference,  and  under 
the  Discipline  of  I860,  with  the  now  chapter  therein. 

It  followed,  therefore,  as  a  matter  of  course,  that  a  large 
proportion  of  the  membership  in  this  city,  and  some  of  the 
preachers,  in  every  self-respect,  and  in  consonance  with 
their  doings  at  Staunton,  were  obliged  to  seek  other  places 
of  worship,  and  to  organize  the  Church  for  mutual  benefit, 
until  such  time  as  tlio  genuine.  Baltimore  Conference  could 
come  together  and  take  charge  of  us. 

In  the  declaration  which  we  adopted  at  our  outset,  a  copy 
of  which  wo  inclose  your  Excellency,  we  distinctly  and  em 
phatically  announced  that  we  were  influenced  by  "no  polit 
ical  consideration  whatever." 

It  occurs  to  us,  therefore,  that  your  Excellency  will  thus 
perceive  that,  as  a  Christian  congregation,  wo  were  entitled 


to  tho  great  and  inestimable  privilege  of  worshipping  God 
upon  the  name  terms  and  conditions  as  all  other  religiom 
assemblies  of  this  city  and  State. 

So  believing,  we  secured  in  March,  1S62,  two  places  for 
public  worship — the  "New  Assembly  Rooms''  and  "IJiddln 
Street."  Chatsworth  (another  appointment)  had  been  a 
preaching  place,  and  under  the  Baltimore  Conference 
since  March,  1860,  but  joined  our  organization  in  March, 
1862,  for  the  reason  that  they  would  not  submit  to  I  he  new 
chapter. 

We  come  to  say  to  your  Ilxcellency  that  since  March, 
18G2,  up  to  the  15th  February  last,  we  have  been  conduct 
ing  our  public  exercises  to  very  large  and  highly  respecta 
ble  congregations,  and  free  from  any  interruption  what 
ever,  and,  as  we  fondly  hope,  and  sincerely  believe,  exert 
ing  an  influence  creditable  to  society  and"  tho  peace  and 
welfare  of  this  community.  Nor  did  it  ever,  for  one  mo 
ment,  occur  to  us  that,  without  any  cause  whatever,  mili 
tary  authority  would  be  exercised  to  forbid  us  the  right  to 
worship  our  Maker.  We  were,  however,  disnupointcd,  and, 
lamentable  as  it  is  for  the  age  in  which  we  live,  such  has 
actually  taken  place.  We  ask  the  attention  of  your  Excel 
lency  to  a  copy  of  the  order  from  Major  Fish,  Provost  Mar 
shal,  to  the  agent  of  the  New  Assembly  Rooms,  and  also  to 
tho  order  to  the  Trustees  of  the  Central  M.  E.  Church,  and 
to  the  repty  of  our  Recording  Steward,  and  action  of  the 
official  body,  in  which  the  subject  is  fully  reviewed— aH 
herewith  inclosed. 

We  further  beg  to  say  to  your  Excellency  that,  being 
obliged  to  vacate  the  New  Assembly  Rooms,  we  rented  from 
Mr.  Edward  Kearney  a  large  public  hall  (Monumental 
Hall)  and  advertised,  as  was  our  custom,  that  we  would 
have  public  preaching  on  Sunday,  22d  of  February,  where 
upon  another  order,  issued  by  direction  of  Major  General 
Schenck,  a  copy  of  which  is  herewith  inclosed,  arrested  such 
contemplated  public  worship.  To  this  last  order  we  most 
respectfully  ask  a  critical  examination  by  your  Excel 
lency.  You  will  perceive  that  it  is  directed  to  Mr.  Kear 
ney,  tho  owner  and  proprietor  of  the  Monumental  Hall, 
a  large  public  hall,  in  which  several  nights  during  tho 
week  there  are  public  gatherings,  parties,  balls,  soirees.  £c., 
and  yet  this  order  to  display  the  flag  is  only  to  be  enforced 
"on  every  occasion  when  this  congregation  meets  in  vour 
building."* 

Sir,  with  the  most  distinguished  consideration  for  your 
Excellency,  we  hold  that  it  is  not  within  the  range  of  pos 
sibility  that  the  Governor  of  Maryland  can  bring  his  mind 
to  any  other  conclusion  than  that  a  more  direct  interference 
with  the  rights  of  public  worship  never  was  exercised  in 
any  countrv,  and  that  such  interference  is  in  violation  of 
the  Bill  of  Rights  of  this  State. 

Coming,  then,  to  your  Excellency,  as  we  now  do,  soliciting 
for  our  people  that  relief  and  protection  which  is  guaran 
teed  to  us  by  the  Constitution  and  laws  of  Maryland,  we 
cannot  and  will  not  permit  ourselves  to  doubt  but  that  we 
shall  have  your  sympathy  and  the  sought-for  relief,  so  en 
tirely  within  your  power  to  afford.  Our  people  are  scat 
tered,  our  largo  and  flourishing  Sabbath  school  cannot 
meet,  and  by  consequence  the  children  go  without  that  re 
ligious  Sabbath  training  so  beneficial  and  so  important  to 
the  rising  generation. 

Pardon  us,  and  we  will  ask  of  your  Excellency  what  have 
AVC  done  that  we  are  not  permitted  to  meet  as  the  other  re 
ligious  congregations  in  this  city  ? 

Wo  appeal  to  this  entire  community  to  witness  against 
us  whether  we  be  unworthy  to  enjoy  the  same  rights  and 
privileges  as  our  fellow-citizens. 

Finally,  we  say  to  your  Excellency  that  as  citizens  of 
Maryland,  law-abiding  and  order-loving,  we  have  rights  in 
common  with  our  fellow-men.  We  ask  for  nothing"  more. 
Is  it  right  to  grant  us  less? 

Will  your  Excellency  consent  that  military  authority 
tfliall,  in  violation  of  law,  overturn  and  set  at  naught  tho 


*  The  order  is  as  follows: 

HEADQUARTERS  MIDDLE  DEPARTMENT.  STH  ARMV  CORPS, 
OFFICE  PROVOST  MARSHAL, 

BALTIMORE,  Feb.  21, 1863. 

MR.  KEARNEY,  Owner  and  Proprietor  of  Central  (Mono- 
mental)  Hall,  corner  St.  Paul's  and  Centre  sreets,  Balti 
more  City : 

SIR:  Tho  congregation  and  clergyman  which  intend  wor 
shipping  at  your  hall  to-morrow,  Sunday,  the  21st  inst, 
have  left  tho  New  Assembly  Rooms,  where  they  formerly 
held  service,  for  tho  purpose  of  evading  the  order  in  regard 
to  the  display  of  National  Flag.  Therefore  you  are  herobv 
ordered  to  display  in  a  conspicuous  place  at  the  head  of  your 
hall,  during  the  onMre  day,  to-morrow,  the  22d,  a  large  size 
National  Flag.  This  not  only  to-morrow,  but  on  every  occa 
sion  when  this  congregation  meets  in  your  building. 
By  order  Major  General  SCHENCK  : 

WM.  S.  FISH, 
Major  and  l*rovost  MarslnL 


APPENDIX. 


527 


dearest  and  most  sacred  right  that  any  man  can  enjoy,  that 
of  worshipping  God  ? 

Who  is  it,  sir,  in  God's  name,  who  is  it,  of  human  com 
position,  that  shall  assume  to  himself  such  high  preroga 
tive? 

Begging  your  Excellency  to  excuse  us  for  being  tedious, 
and  again  imploring  your  aid  in  behalf  of  our  afflicted  con 
gregation,  whom  we  are  anxious  to  bring  together  again  by 
procuring  a  place  for  worship, 

We  are,  with  great  respect, 

Your  Excellency's  ob't  servants, 
JOHN  M.  BUCK, 
CHARLKS  J.  BAKER, 
JOHN  W.  BRUFF, 
J.  B.  BRINKLEY, 
SAML.  G.  MILES, 
CHARLES  TOWSON, 
JOSEPH   P.  SHIPLEY, 
WM.  11.  BARKY, 
LEONARD  PASSANO, 

Steward*  M.  E.  Church. 


REPLY    OP    GOVERNOR    BRADFORD. 

STATE  OF  MARYLAND, 

EXECUTIVE  DEPARTMENT, 

ANNAPOLIS,  March  10,  1863. 
To  Messrs.  JOHN  M.  BUCK  and  others, 

Stewards  of  Central  M.  E.  Church,  <f.c.: 
GENTLEMEN— Your  letter  of  the  3d  instant  has  been  re 
ceived,  and  I  avail  myself  of  the  first  opportunity  allowed 
by  other  engagements  to  reply  to  it. 

You  commence  by  saying  that  having  been  by  an  extra 
ordinary  order  ^>f  Major  General  Schenck  deprived  of  the 
right  and  privilege  of  holding  public  worship,  except  upon 
conditions  prescribed  by  him,  you  feel  constrained  to  make 
application  to  me  for  thnt  relief  and  protection  which  is 
guaranteed  by  the  Constitution  and  laws  of  Maryland,  and 


which  you  say  you  are  well  persuaded 
my  power  to  afford. 


entirely  within 


looked  through  your  letter  with  some  interest  and 


cariosity  to  ascertain,  if  I  could,  what  is  the  particulai 
4ief  and  protection  which  you  have  in  view,  and  which  I, 
its  you  think,  have  clearly  the  power  to  afford?  But  there 
is  nothing  that  indicates  how  or  by  what  process  you  ex 
pect  me  to  interfere  to  redress  the  grievance  of  which  you 
-complain.  Under  our  system  of  government  its  various 
co-ordinate  departments  are  carefully  separated  and  distin 
guished,  and  it  is  distinctly  declared  by  our  Constitution 
that  "no  person  exercising  the  functions  of  one  of  said 
departments  shall  assume  or  discharge  the  duties  of  any 
other.''  Siich  being  the  case,  it  rarely,  if  ever,  happens 
that  any  personal  wrong  inflicted  upon  the  citizen  is,  in 
the  first  instance,  a  proper  subject  of  complaint  to  the 
Executive.  That  department  of  the  Government  is  not 
adapted  to  the  investigation  always  necessary  to  be  made 

in  determining  the  character  and  extent  ot  all'mich  wrongs.  ,  ..„ „ 

This  is  :v  duty  confided  to  the  judicial  tribunals,  which  can  j  last,  you  continueif  your "religious  e 


ral  Conference  referred  to  "  has  sundered  the  ecclesiasti 
cal  relation  which  has  hitherto  bound  us  together  as  one 
Church."  Whilst  these  proceedings  may  no  doubt  be  a 
matter  of  interest  in  your  Church  history,  neither  they 
nor  the  action  of  the  highly  respectable  gentlemen  whoso 
names  you  quote  in  connection  therewith,  have,  as  it  ap 
pears  to  me,  any  material  bearing  upon  the  subject  of  your 
complaint. 

I  cannot,  however,  forbear  saying  that  I  think  it  is 
greatly  to  be  regretted  that,  continuing  as  you  seem  to 
have  done  in  an  unaltered  membership  of  tho  Church,  and 
in  fellowship  with  the  Baltimore  Conference  for  nearly  two 
years  after  the  adoption  of  the  Buffalo  chapter,  and  fully 
one  year  after  the  proceedings  of  the  two  Conventions  to 
which  you  refer,  and  of  the  Conference  of  1801,  you  should 
in  March,  1862,  for  the  first  time  have  practically  sundered 
your  Church  connection,  and  abandoned  the  time-honored 
edifices  and  associations  where  you  had  previously  v,ro;-- 
shipped.  I  say  that  I  cannot  but  regret  such  a  proceeding  ;.t 
such  a  time.  We  were  then  in  the  midst  of  a  raging  conflict 
of  arms,  brought  upon  us  confessedly  by  this  doctrine  of 
the  right  of  secession.  It  was  a  time  for  'far  more  engross 
ing  thoughts  and  important  action  than  any  connected  with 
the  stale  proceedings  of  past  conferences  and  conventions, 
and  called  for  at  least  the  temporary  suspension  of  all  re 
ligious  disputes. 

The  question  of  ecclesiastical  discipline  in  1,C60  had  been 
absorbed  by  that  of  a  national  existence  in  1S32.  It  was 
no  longer  a  contest  <  ver  the  Church  government  of  one 
denomination  of  Christians,  but  a  contest  to  determine 
whether  our  country  itself  possessed  a  Government  that 
deserved  the  name,  or  was  to  quietly  acquiesce  in  its  own 
dismemberment,  and  see  State  after  State  despoil  it  of  its 
property  and  defy  its  authority  at  the  bidding  and  for  the 
benefit  of  aspiring  traitors  who  desired  to  govern  them. 
Hundreds,  therefore,  who,  in  the  earlier  stages  of  your 
Church  difficulties  might  have  cordially  co-operated  with 
you  in  protesting  against  the  Buffalo  Platform,  now,  that 
the  whole  aspect  of  public  affairs  had  assumed  so  threat 
ening  a  character,  were  necessarily  prompted  by  every  pa 
triotic  inducement  to  discountenance  all  secessional  dis 
plays  in  the  face  of  the  calamities  which  political  doctrines, 
apparently  at  least  of  a  kindred  kind,  had  already  brought 
upon  the  nation. 

With  this  passing  remark  upon  the  proceedings  to  which 
you  refer  as  preliminary  to  the  secession  of  your  congrega 
tion,  I  proceed  to  the  facts  connected  with  th 


1  congrega- 

_e  order  of 

General  Schenck,  which  you  say  has  "set  at  naught  the 
dearest  and  most  sacred  right  that  any  man  can  enjoy,  that 
of  worshipping  God." 

This  is,  I  agree  with  you,  one  of  our  most  sacred  rights, 
and  he  who  sets  it  at  naught  merits  the  severest  censure. 
But  what  are  the  facts,  as  I  gather  them  from  your  com 
munication  and  the  orders  and  correspondence  accompany 
ing  it? 

It  seems  that  in  March,  1862,  when  you  abandoned  your 
former  places  of  worship,  you  secured  the  "  New  Assembly 
Rooms,"  where,  from  that  time  to  the  15th  of  February 


interruption  whatever  : 


xercises  "  free  from  uny 


In  your  letter  to  General  Schenck,  of  14th  of  February, 
(a  copy  of  which  you  send  me,)  you  say  that  when  yr-.»  as 
sembled  as  usual  for  morning  service,  on  the  preceding 
Sunday  (the  8th  of  February.)  "it  was  found  that  two 
large  American  flags  were  displayed  immediately  ever  and 
in  the  rear  of  the  preacher's  stand."  It  is  to  this  display, 
I  presume,  that  the  Provost  Marshal,  in  his  first  order, 
refers.  When  addressing  Mr.  MoGcoch,  the  agent  of  the 
rooms,  lie  says:  "I  understand  that  considerable  disgust  is 


ascertain  the  facts,  apply  the  law,  and  provide  the  appro 
priate  remedy. 

If,  there 'ore,  you  have  been  wrongfully  ousted  from  your 
place  of  worship,  or  suffered  any  unlawful  interruption  in 
your  religious  exercises,  the  courts  of  the  State  are  obvi 
ously  the  only  tribunals  where,  all  the  circumstances  can  bo 
properly  investigated,  and  your  legal  and  constitutional 
rights  lawfully  determined. 

This  view  of  the  case  might,  perhaps,  relieve  me  of  the 
necessity  of  ,i  further  reply  to  your  communication  ;  but  as 

it  would  seem  that  the  same  considerations  could  scarcely     excited  in   the  view  of  a  class  of  persons  who  nsseniblo  -,t 
have,  escaped  your  own  notice,  and  as  you  have  gone  with     your  rooms,  j,,  consequence  of  the  American  ila-  bein- 
such  particularity  into  the  lull   history  of  your  religious     displayed  'there,"  and  then  directs  the  said  ae-nt  to  cau^e 
:>soeiat.on.  and  of  the  alleged  outrage  upon  its  rights,  it     that  flag  to  be  conspicuously  displayed  in  the"' same  plaJi 
would  seem  that  you  may  have  expected  that,  if  I  could  do     until  further  orders. 

nothing  more.  I  might  express  a  sympathy  in  your  com-  |  It  was,  therefore,  the  disgust  manifested  by  some  of 
plaints  ami  utter  some  protest  against  the  proceedings  j  your  congregation  at  the  flag  which  confronted  them  on 
which  have  led  to  them.  It  i»  due.  therefore,  to  you,  arid  i  the  morning  of  the  8th  of  February  that  occasioned  the 
tomysell,  us  well  as  to  that  frankness  I  desire  always  to  first  order  of  the  military  authorities, directing  its  con- 
II  communications  with  my  lellow-citi/cns,  that  !  tinuance  there.  It  was  not  displayed  on  the  morning  of 

the  8th  in  consequence  of  any  military  order,  but,  a^s  [ 
understand  to  be  conceded,  was  left  there  inadvertently, 
being  one  of  many  with  which  the  room  had  been  deco 
rated  on  the  previous  night,  on  the  occasion  of  some  hall 
1  or  concert. 

Here   the  suggestion   naturally  arises,   that  whilst  all 
ligious  congregations  are  equally  entitled  to  the  s.u 


I  should  take  a  more  particular  notice  of  the  facts  you  have 
brought  to  my  attention. 

i'i  inakiiiu.  your  statement  you  tay  that  you  deem  it  es- 
M-mial  to  a  proper  understanding  of  the  subject  to  recur 
to  t  he  i-.irly  history  r.f  your  separate  organization.  Hence 
you  nilvtrl  to  the  proceedings  of  the  General  Conference 
«.f  >..m  niiirch  at  Buffalo,  ii.  May,  1SGO,  and  to  an  obnox 
ious  iidiliiion  which  that  body  made  to  the  Discipline  of 
the  Church,  as  tin*  cause  of  your  separate  organization  in 
ISeJ.  Yin,  refer,  also,  to  tlu>  proceedings  of  the  lay  mem- 
I"  i-  of  the  Church,  repudiating  the  new  article  of  Disci- 

|.li.,.-llM .,..,,  -in  Baltimore  in  December,  1860,  and  the  j  walls,  and   more   especially   the  flag  of  the  country  that 
other  at  Stnillitoti  in  March,  1SG1— and  you  quote  the  ac-  !  shelters  it. 

Hun  ol  the  l;.mimore  Conference  of  Ministers,  at  the  last  j      That  such  a  disgust  was  exhibited  by  a  portion  at  least 
(I  date,  as  declaring  that  the  action  of  the  Gene-  |  of  your  congregation  seems  to  be  an  admitted  fact.     It  is 


privileges  and  protection,  no  matter  where  they  may  wor 
ship,  yet  any  one  that  selects  as  its  sanctuary  a' public  ball 
and  concert  room  should  hardly  manifest  itssui  prise,  much 
less  its  disgust,  at  any  flag  that  may  occasionally  adorn  it- 


528 


APPENDIX; 


expressly  so  stated,  as  we  have  seen,  by  Major  Fish,  in  the 
first  order  which  he  issued,  and  although  lie  states  it  as 
the-  very  foundation  of  that  order,  yet  the  statement  is  not 
d'.'.'ii'j'l  eitl'er  in  the  proceedings  of  the  official  members  of 
your  Church,  who  met  in  consequence  of  said  order,  and 
"declined  any  longer  to  occupy  the  New  Assembly 
Rooms,"  nor  in  your  letter  to  General  Schenck  of  14th 
February,  wherein  you  in  effect  admit  the  display  of  some 
K-.ICU  feettng  when  you  say  that  the  exhibition  of  the  flag 
'•  may  have  been  objected  to  by  a  few/'  Here,  then,  we 
have"  the  reason  for  the  first  interference  Of  the  military 
unthoi  ities  in  ordering  the  display  of  the  flag.  It  was  not 
because  the  congregation  had  seceded  from  the  Conference, 
or  hucauric  they  entertained,  as  some  have  supposed,  sym 
pathies  with  political  Secession—  for,  although  a  similar 
military  authority  has  existed  in  your  city  ever  since  your 
congregation  was  separately  organized,  you  have  more 
thaii  once  adverted  to  the  fact  that  it  has  always  hereto 
fore  enjoyed  its  religious  services  "free  from  any  inter 
ruption  whatever." 

It  was  the  disgust  publicly  manifested  by  some  of  its 
members  at  the  sight  of  the  national  ensign,  accidentally 
left  in  the  room  where  they  assembled,  that  obliged  the 
authorities,  charged  especially  with  the  duty  of  upholding 
that  flag  in  a  war  now  waged  for  its  destruction,  to  notice, 
in  some  appropriate  way,  the  insult  it  had  thus  received. 
And  herein  in  the  obvious  answer  to  all  the  complaints  of> 
an  unfair  discrimination  against  your  particular  congrega 
tion  in  making  it  alone  the  subject  of  the  order  in  question. 
It  would  have  been  obviously  unjust  and  inappropriate  to 
pass  any  order  embracing  all  religious  assemblages  merely 
because  of  the  conduct  of  one. 

Is  there  anything  in  the  order  itself  which  warrants  the 
construction  you  have  put  upon  it  as  "setting  at  naught 
the  dearest  and  most  sacred  right  that  man  can  enjoy  —  that 
of  worshipping  God;''  or  as  being  "a  direct  interference 
with  the  right  of  public  worship  greater  than  which  was 
never  exercised  in  any  country?"  How,  I  would  most  re 
spectfully  ask,  does  it  prohibit  or  interfere  with  your  wor 
ship  of  the  Almighty,  under  any  creed,  or  according  to  any 
form  you  may  see  fit  to  adopt?  These  are  rights  justly 
precious  everywhere  in  the  sight  of  our  people,  and  uowhero 
more  prized  than  here  in  Maryland. 

But,  in  God's  name,  does  the  sight  of  our  country's 
standard  obstruct  or  impair  the  enjoyment  of  such  rights  ? 
How  is  it,  let  me  ask,  that  they  have  been  so  amply  pro 
vided  lor  ?  How  is  it  that  here,  above  all  the  earth  besides, 
this  religious  liberty,  this  freedom  of  conscience  and  title  to 
equal  protection,  which  you  seem  t  ">  think  have  been  so 
outraged  by  the  presence  of  the  American  ensign,  have  all 
been  so  carefully  secured  to  us?  How,  but  under  the 
auspices  of  the  free  Government  symbolized  by  that  very 
Hag,  and  which  those  who  have  shared  most  abundantly  in 
itn  blessings  are  now  treacherously  striving  to  destroy? 

If  the  order  for  its  display  in  the  room  where  you  as- 
peuible  is  an  interference  with  the  rights  of  conscience,  and 
a  violation  of  the  Bill  of  Rights  securing  to  every  man  his 
peculiar  religious  faith  without  molestation,  then  by  a 
parity  of  reasoning  to  order  the  removal  of  any  other  em 
blem  with  which  you  might  choose  to  adorn  your  place  of 
meeting  would  be  equally  obnoxious  to  the  samo  objection. 
You  might,  therefore,  hoist  the  rebel  ensign  to-morrow,  and 
defy  the  military  authorities  to  pull  it  down,  throwing 
yourself  upon  your  rights  of  conscience  and  the  guaranties 
of  the  Constitution. 

I  am  aware  that  in  your  declaration,  published  simul 
taneously  with  your  separation  from  the  Conference,  as 
also  in  your  letter  to  General  Schenck,  you  dwelt  with 
some  emphasis  upon  the  determination  of  your  congrega 
tion  to  exclude  everything  but  the  gospel;  to  repudiate 
'•  any  interference  with  matters  of  State  ;"  to  meddle  not 
"with  questions  of  a  political  nature,"  and  to  hold  "  no 
connection  with  any  ecclesiastical  body  that  does." 

So  far  as  this  evinces  a  purpose  to  banish  politics,  in  the 
ordinary  acceptation  of  that  term,  from  the  domain  of  the 
church  —  to  exclude  from  the  pulpit  all  such  topics  as 
usually  divide  political  parties  living  under  and  recognizing 
Iho  same;  Government  —  no  resolution  could  be  more  com 
mendable.  And  if  this  had  been  some  party  banner,  used 
merely  to  garnish  some  partisan  platform,  I  could  well  un 
derstand  the  disgust  it  might  excite.  But  I  am  unable,  I 
confess,  to  see  how  the  two  subjects  or  the  two  flags  can  be 
so  confounded  ;  and  with  the  profoundest  reverence  for  the 
teachings  of  religion  in  its  most  evangelical  form,  I  have 
never  been'  able  to  perceive  how  men  of  the  purest  religious 
faith,  and  devoted  with  the  sincerest  purpobo  to  the  solemn 
worship  of  God,  can  t>nd,  in  such  a  purpose,  anything  in 
consistent  with  the  most  ardent  love  of  their  country;  how 


they  can  turn  their  back  upon  its  flag,  or  refuse  to  offer  u 
H  prayer  in  its  behalf,  and  call  such  an  exhibition,  or  sue 
offerings,  politics! 

Such  was  not  the  faith  nor  the  practice  of  our  fathers. 
In  our  revolutionary  times,  when  making  our  first  struggle 


for  civil  and  religious  freedom,  patriotism  and  religion  went 
hand  in  hand  together.  The  men  of  those  days  clung  to 
their  country  with  an  instinctive  adoration,  second  only  to 
that  whkh  they  rendered  to  God  himself;  and  the  minister 
who  would  have  refused  or  hesitated  to  worship  under  the 
flag  of  the  one,  would  not  long  have  be<  n  toletated  at  the 
altars  of  the  other. 

Looking,  therefore,  to  the  conduct  which  provoked  trie 
first  order  of  the  military  authorities,  I  can  see  no  rea^oQ 
for  the  complaint  that  your  congregation  has  been  cause 
lessly  made  an  exception  to  all  others;  whilst  in  the  re 
quirements  of  the  order  itself  there  is  certainly  nothing 
to  authorize  the  assumption  that  it  is  an  interference  with 
that  constitutional  provision  which  declares  that  no  man, 
on  account  of  his  religious  persuasion,  ought  "  to  be  mo 
lested  in  his  person  or  estate." 

I  take  occasion  here  to  suggest  that  if  the  order  could  be 
by  any  one  regarded  as  trenching  in  any  decree  upon  that 
religious  liberty  which  it  was  the  purpose  of  our  Constitu 
tion  to  secure,  there  is  nothing  in  that  instrument  which 
makes  that  right  so  absolutely  sacred  and  paramount  as 
the  comments  of  yourselves,  and  occasionally  of  others, 
upon  its  inviolability,  would  lead  us  to  suppose.  On  the 
contrary,  the  very  clause  which  guarantees  this  right  uses 
language  which  shows  that  those  who  framed  it  recognized 
other  and  higher  obligations.  The  language  employed  is : 
"  No  person  ought  by  any  law  to  be  molested  in  his  person 
or  estate  on  account  of  his  religious  persuasion  or  profes 
sion,  or  for  his  religious  practice,  unless  under  color  »f  re 
ligion  any  man  shall  disturb  the  good  order,  peace  or  safety 
of  the  State." 

Here,  then,  as  everywhere,  and  under  all  Governments, 
is  the  supreme  law  to  which  all  others  are  subordinate — 
the  public  safety  and  the  public  peace. 

I  beg  that  you  will  not  lor  a  moment  suppose  that  in 
quoting  the  above  proviso  I  mean  to  impute  to  you  or  your 
congregation  any  design  to  do  aught,  under  the  color  of  re 
ligion,  to  disturb  the  good  order,  peace  or  safety  of  the 
State.  I  have  no  such  thought.  But  however  unobjec 
tionable  may  have  been  your  purpose,  gentlemen  of  your 
intelligence  must,  on  reflection,  readily  perceive  that  in 
such  times  as  these,  and  in  a  loyal  community  like  ours, 
with  its  sensibilities  profoundly  stirred  by  the  sufferings 
and  sacrifices,  the  mourning  and  death,  daily  being  endured 
for  that  flag,  and  under  it,  nothing  would  be  more  likely  to- 
provoke  a  breach  of  the  peace  than  to  witness  any  demon 
stration  towards  it  savoring  even  of  indignity  or  insult,  and  - 
its  military  guardians  Buffeting  it  to  pass  without  rebuke. 

I  regret,  gentlemen,  that  for  such  reasons  as  you  have 
indicated,  or  indeed,  for  any  reasons,  the  condition  of 
things  to  which  you  so  feelingly  rele;  should  now  exist  in 
your  church  ;  that  your  "  people  are  scattered,"  that  your 
'"  large  and  flourishing  Sabbath  school  cannot  meet.''  and 
that  your  "children  go  without  that  religious  Sabbath 
training  so  beneficial  and  so  important  to  the  rising  gene 
ration."  But  who  is  responsible  for  this  state  of  things? 
Surely  General  Schenck  has  issued  no  interdict  calculated 
to  scatter  either  your  school  or  congregation.  If  when  on 
the  morning  of  the  8th  of  February  some  of  your  congre 
gation  manifested  their  disgust  at  the  sight  of  the  flag,  or, 
as  you  have  expressed  it, ''may  have  objected  to  it,''  and 
upon  their  conduct,  taken  as  the  expression  of  the  congre 
gation,  Major  Fish  predicated  his  first  order;  if  you,  or  the 
official  members  of  your  society  representing  the  congre 
gation, had  rebuked  the  conduct  of  the  few  who  manifested 
this  contempt,  and  had  disclaimed  all  intentions  to  offer 
insult  or  offence  to  our  Government  or  the  flag  that  repre 
sents  it,  I  feel  authorized  to  say  that  the  order  you  deem 
so  obnoxious  would  have  been  immediately  revoked. 

But  instead  of  that,  your  official  members,  convened  in 
consequence  of  the  order,  after  reciting  its  purport,  resolve, 
"That  by  reason  of  such  order  and  interference,  we  decline 
any  longer  to  occupy  the  New  Assembly  Rooms,"  thereby 
authorizing  the  inference  that  instead  of  repudiating  the- 
course  of  the  few  objecting  members,  you  approved  and 
adopted  it  as  a  congregational  right  and  determined  to 
abandon  your  church  services  and  Sunday  school  at  that 
place  as  long  as  the  flag  was  there  displayed. 

As  a  matter  of  course,  after  this  official  action,  when  you 
selected  another  concert-room,  the  flag  was  ordered  to  fol 
low  you.  To  have  done  otherwise  would  have  been  but  to 
suffer  an  easy  evasion  of  the  order  and  contempt  of  the  au 
thority  that  issued  it. 

Even  now,  I  will  venture  to  say,  notwithstandins  the 
past  action  of  your  official  members,  if  they  will  still  re 
buke  the  expression  of  contempt  referred  to,  and  disclaim 
all  hostility  to  the  Government  or  the  flag,  your  congrega 
tion  and  schools  may  again  come  together  and  enjoy  all 
the  advantages  they  ever  did. 

If  you  refuse  this,  and  will  not  tolerate  the  presence  of 
the  flag,  but,  rather  than  either,  choose  to  eufler  your 
people  to  be  scattered  and  your  children  to  go  without 
religious  instruction,  an  intelligent  community,  especially 


APPENDIX. 


529 


jealous  of  all  its  religious  rights,  but  still  perfectly  under 
standing  the  priucples  011  which  they  rest,  will  be  able  to 
determine  where  lies  the  fault. 

I  ain,  very  respectful^, 

Your  obedieut  servant, 

A.  W.  BRADFORD. 

BALTIMORE,  April  2d,  1863. 
To  hia  Excellency  A.  W.  BRADFORD, 

Governor  of  Maryland : 

SIR:  The  regard  due  to  the  rights  and  interests  of  the 
religious  organization  which  we  represent  impels  us  to  call 
your  attention  to  the  misunderstanding  of  the  facts  and 
principles  en? bodied  in  our  former  communication,  which 
pervades  your  reply  of  March  10th. 

And  we  are  sure  that  the  interest  of  the  question  in 
volved  will  be  to  your  Excellency  a  sufficient  apology  for 
this  second  intrusion  upon  j'our  time. 

We  do  not  claim  to  be  thoroughly  informed  as  to  the 
technical  distinctions  between  the  various  departments  of 
Government,  and  there  may  have  been  wanting  in  the 
form  of  our  address  to  you,  as  Governor  of  the  State,  the 
full  sense  of  the  distinctive  rights  and  functions  of  each. 

We  had  no  intention  to  disregard  these,  nor  would  we, 
by  any  word  or  act,  induce  any  one  department  to  trench 
upon  the  prerogatives  of  the  others. 

But  we  did  not  suppose  that  the  functions  of  the  Gov 
ernor  were  confined  to  any  mere  technical  routine  of  per 
formance.  We  were  rather  accustomed  to  look  to  the 
Governor  as  the  guardim  of  the  rights  and  honor  of  the 
State,  sworn  to  see  her  Constitution  and  laws  faithfully 
observed  and  enforced,  and  prepared,  at  least,  to  use  his 
official  influence  to  uphold  and  maintain  the  interests  se 
cured  by  law  to  the  very  least  of  her  citizens  whenever 
made  cognizant  of  any  assault  thereupon. 

The  history  of  the  past  two  years  has  quite  satisfied  us  of 
the  entire  futility  of  any  appeal  to  the  judiciary,  nor  had 
we  any  disposition  to  bring  about  collision  between  these 
two.  We  preferred  to  employ  means  more  congenial  to 
the  spirit  of  our  religion,  and  sure,  as  we  still  are,  that 
the  official  influence  of  the  Governor  of  the  State  might  be 
used  with  effect  to  relieve  us  of  the  embarrassments  and 
disabilities  under  which  we  now  labor  as  a  Church. 

In  appealing  to  you  to  exercise  that  influence,  we  natur 
ally  endeavored  to  make  it  clear  that  we  were  not.  in  any 
sense  or  to  any  extent,  an  offending  party ;  that  we  had 
riot  brought  ourselves  under  the  operation  of  that  qualify 
ing  clause  of  the  Constitution  to  which  you  refer,  namely  : 
'•  Unless  under  color  of  religion,  any  man  shall  disturb  the 
good  order,  peace,  and  safety  of  society."  For  this  pur 
pose,  we  summed  up  the  facts  connected  with  the  history 
of  our  organization,  which  all  show  •  that  without  the 
smallest  reference  to  any  State  or  political  principles  or 
measures,  we  were  and  are  intent  solely  upon  maintain 
ing  the  truth  and  purity  of  Christian  doctrineand  practice. 

We  did  not  claim  immunity  from  the  pains  and  penal 
ties  attaching  to  crime  against  the  State.  We  set  up  no 
"  higher  law"  beneath  which  we  might  find  shelter  from 
the  operation  of  the  civil  power.  We  were  careful  to  set 
fortli  our  recognition  of,  and  obedience  to.  the  "higher 
powers,'' and  thought  ourselves  entitled,  in  all  righteous 
ness,  to  the  protection  in  our  worship  guaranteed  under 
these  powers. 

Thus,  sir,  your  own  references,  besides  the  entire  spirit 
of  your  communication,  justify  the  recital  of  those  facts 
and  show  their  "bearing  upon  the  subject  of  our  com 
plaint." 

We  regret  to  see  the  entire  misconstruction  of  those  facts 
in  your  reply  to  our  statement. 

Referring  to  the  action  of  our  body,  you  say:  "  I  think 
it  is  greatly  to  be  regretted  that,  continuing,  as  you  seem 
to  have  done,  in  an  unaltered  membership  of  the  Church, 
and  in  fellowship  with  the  Baltimore  Conference  for  nearly 
two  years  alter  the  adoption  of  the  Buffalo  chapter,  and 
fully  one  year  after  the  proceedings  of  the  two  Conventions 
to  which  j  ou  refer,  and  of  the  C'oni'erence  of  1861,  you  should 
in  March,  LC62,  for  the  first  time,  have  practically  sundered 
your  Church  connection,"  &c. 

Will  your  Excellency  bo  pleased  to  revert  to  the  acts  in 
the  case?  The  jurisdiction  of  the  Buffalo  General  Confer 
ence  was  thrown  off  by  the  large  majority  of  the  Baltimore 
Conference  immediately  after  the  action  referred  to,  or,  more 
properly,  that  jurisdiction  was  never  admitted.  Its  disci 
pline  was  not  received,  that  of  1850  being  adhered  to,  and  the 
membership  by  an  overwhelming  majority  declaring  their 
resolve  no  longer  to  accept  the  leadership  of  the  Church  in 
the  North  iu  matters  of  faith  or  practice. 

The  voice  of  the  people  was  heard  in  the  Convention  of 
December,  1860,  tbo  earliest  practicable  moment,  and  again 
in  March,  1861.  In  obedience  to  that  voice  and  their  own 
convictions,  the  ses-ion  of  the  Baltimore  Conference  in 
March,  1861,  being  the  first  after  the  aforementioned  action 
of  the  Gtueral  Conference,  declared  its  absolute  indtpend- 
34 


ence  of  the  jurisdiction  of  the  General  Conference,  and  its 
connection  therewith  dissolved.  It  was  no  prospective  sep 
aration  ;  it  was  an  act  accomplished,  and  so  announced  in 
the  pastoral  letter  afcerward  issued  by  the  authority  of  the 
Baltimore  Conference. 

At  the  instance,  and  for  the  sake  of  the  minority,  cer 
tain  additional  resolutions  were  passed,  whose  design  was 
to  prevent  an  immediate  division  in  the  Conference,  and 
to  give  the  minority  opportunity  to  appeal  to  the  annual 
conferences  in  the  North  for  redress,  they  being  pkdged, 
in  case  of  the  failure  of  that  appeal,  to  side  with  the  ma 
jority. 

Thus,  sir,  we  did  not  remain  in  "  unaltered  connection 
with  the  Church"  in  the  North. 

By  the  authoritative  action  of  the  Conference,  we  were 
completely  separated  therefrom.  We  should  otherwise  have 
abandoned  our  connection  with  the  Baltimore  Conference. 
And  it  happened  through  the  mere  accident  of  the  times 
that  we  were  driven  from  "  the  time-honored  edifices"  in 
which  we  were  wont  to  worship.  The  minority,  taking  ad 
vantage  of  the  absence  of  the  majority,  an  absence  entirely 
unavoidable,  declared  t/temxches  the'  Conference,  and  ex 
pelled  their  absent  brethren,  without  trial  or  hearing,  from 
their  body.  Of  course,  we,  who  adhered  to  the  action  of  the 
Conference  of  Stauutou,  both  ministers  and  laymen,  shared 
the  same  fate. 

Our  present  position,  you  may  clearly  see  from  all  this, 
sir,  is  not  owing  to  any  want  of  promptness  in  recognizing 
and  acting  upon  the  principles  which  we  now  avow.  That 
principle  has  been  embodied  in  the  action  of  our  Conference 
ever  since  the  session  of  the  General  Conference  of  I860. 
We  have  had  no  connection  with  that  body  since  the  decisive 
action  of  the  Baltimore  Conference  in  March,  1861,  and  by 
our  fellowship  with  the  Baltimore  Conference  we  meant 
then  as  we  mean  now — fellowship  with  the  majority  of  that 
body  ;  for  we  cannot  recognize  the  right  of  some  thirty-five 
or  forty  to  declare  more  than  twice  their  number  to  be  no 
longer  members  of  that  body— a  declaration  beyond  their 
power  to  make  iu  the  presence  of  the  majority.  Instead  of 
measures  so  extreme,  common  courtesy  should  have  sug 
gested  to  these  ministers  that  which  was  proposed  by  the 
few  ministers  of  the  majority,  in  connection  with  the  laity, 
who  happened  to  be  within  reach  of  the  place  appointed  for 
the  session  of  the  Conference  in  1862,  namely:  some  meas 
ures  of  compromise  by  which  the  question  at  isstie  might  be 
waived  during  these  times  of  trouble,  and  the  unity  of  the 
body  preserved  without  committing  any  man  to  a  final  po 
sition.  But  we  do  not  propose  to  judge  those  who  differ 
from  us.  We  only  desire  to  show  that  we  assert  merely  a 
Christian  principle,  having  no  connection  with  any  princi 
ple  or  matter  of  State,  and  that,  recognizing  the  extreme 
sensitiveness  of  the  public  mind,  to  which  you  make  allu 
sion,  wo  exhausted  all  the  means  in  our  power  to  prevent 
any  division  at  that  time,  and  only  took  our  action  when 
we  were  driven  to  it  by  the  relentless  spirit  of  the  minority, 
who  by  these  unforeseen  circumstances  acquired  the  power 
iu  this  section  of  our  Conference. 

We  deem  italmost  entirely  needless  to  reply  to  the  charges 
alleged — if  not  in  direct  form,  at  least  in  the  confusion  of  the 
terms  applied  to  these  movements  in  your  communication 
— of  endorsing  and  abetting  the  doctrine  and  practice  of 
political  secession  by  our  action. 

We  distinctly  disavow  any  connection  in  theory  or  prac 
tice  with  that  or  any  other  political  or  State  doctrine.  We 
simply  affirm  and  have  acted  upon  the  right — never  before 
questioned  in  a  civilized  land— of  withdrawing  from  any 
religious  organization  so  soon  as  we  cease  to  put  faith  in  its 
doctrine  or  endorse  its  eeclesiastical  principles. 

We  do  not  think  it  possible  that  you  should  now  ques 
tion  that  right  Our  faith  as  to  the  Government  is  embod 
ied  in  the  twenty-third  article  of  religion— the  same  re 
ceived  by  the  whole  M.  E.  Church  North,  and  reads  thus: 

"  Of  the  Rulers  of  the  United  States  of  America. 

"The  President,  the  Congress,  the  General  Assemblies, 
the  Governors,  and  the  Councils  of  State,  as  the  delegates 
of  the  people,  are  the  rulers  of  tiie  United  States  of  Amer 
ica,  according  to  the  division  of  power  made  by  the  Con 
stitution  of  the  United  States,  and  by  the  Constitutions  of 
their  respective  States. 

"  And  the  said  States  are  a  sovereign  and  independent 
nation,  and  ought  not  to  be  subject  to  any  foreign  jurisdic 
tion." 

In  a  word,  sir,  we  hold  it  to  bo  our  supreme  duty  and 
right  as  a  Church  to  maintain  and  propagate  all  Christian 
truth,  and  to  oppose,  by  purity  of  life,  and  by  the  pure 
preachings  of  the  gospel,  all  error  in  doctrine  or  practice. 

And  in  so  far  as  the  State  is  concerned,  we  declare  our 
selves  "  subject  to  the  higher  powers,"  believing  that  "  the 
powers  that  be  are  ordained  of  God."  And  now,  sir,  bear 
with  us,  while,  in  as  few  words  as  may  be,  we  restate,  in 
entire  conformity  with  all  the  foregoing  principles  and 
facts,  the  subject  of  our  complaints. 

It  is  not  to  the  United  States  flag,  abstractly  considered, 


530 


APPENDIX. 


that  \ve  object.  We  live  under  that  flag.  We  are  governed 
by "th. f  Constitution  and  laws  which  that  flasj  represents. 
W<-  li-inor  it  as  the  symbol  of  those  great  principles  which 
our  lathers  secured  to  us  by  sacrifices  of  which  it  is  also 
the  memorial.  We  mourn,  sir,  that  that  honored  emblem 
should  be  tarnished  by  perversion  to  any  uses  at  war  with 
all  tlio  principles  which  it  represents,  and  render  to  that 
extent  utterly  v  in  all  the  sacrifices  which  it  brings  to 
memory. 

The  order  of  Major  Fisli.  grounded  upon  "disgust"  said 
to  have  been  excited  by  the  display  of  the  flag,  certainly 
(we  trust  unintentionally)  misrepresented  our  congrega 
tion.  We  said  in  our  letter  to  General  Schenck  of  Febru 
ary  14th,  that  a  few  "may  have  objected."  Dues  that 
mean  disgust  ?  They  may  have  objected  to  it  as  inappro 
priate  to  the  worship  of  God,  a  service  in  which  we  lay 
aside  for  the  time  the  relations  of  earth,  and  give  expres 
sion  only  to  our  sense  of  our  relation  to  the  Most  High. 
Or  they  may  have  objected,  because  such  display  was  in 
violation  of  the  contract  with  the  janitor  to  remove  all 
world!'/  decorations.  Or  they  may  have  objected,  as  we 
do  now,  because  they  supposed  it  was  done  under  an  order 
which  singled  us  out  from  all  the  worshippers  of  this  land 
to  be  put,  as  such,  under  the  control  of  the  military 
power,  and  forbidden  to  engage  in  such  worship  except 
upon  conditions  and  under  circumstances  ordained  by  that 
power. 

Nor  ought  we  be  held  responsible  for  the  "  few"  who 
"may  have  objected,"  they  not  being  members  of  our  or 
ganization  so  far  as  we  know.  And  when,  by  the  explana 
tion  of  the  janitor  of  the  building,  it  was  made  manifest 
that  such  was  not  the  case,  no  word  of  complaint  was 
heard.  There  was  nn  hour  of  quiet  worship,  and  then  the 
throng  of  worshippers  quietly  returned  to  their  homes, 
without  one  word  or  look  of  "  disgust."  This,  too,  was 
the  case  at  the  evening  service. 

We  dare  aver  that  less  dissatisfaction  or  more  entire 
respect  for  the  flag  could  not  nor  would  have  been  ex 
hibited  by  any  other  congregation  in  the  city.  Nor  was 
it  "inconsequence  of  the  order"  that  our  official  body  was 
convened  ou  Tuesday  night  following  :  that  was  the  regu 
lar  weekly  meeting  of  the  body.  And  there— not  by  way 
of  endorsing  that  "  disgust"  to  which  Major  Fish's  order, 
at  that  meeting  first  received,  referred,  for  we  knew  then 
and  know  now  of  no  such  expressions  of  feeling ;  but 
solely  because  we  held  the  simple  worship  of  <>'od  t  o  pure 
and  sacred  a  thing  to  be  brought  under  the  dictation  and 
control  of  any  human  power,  so  long  as  nothing  therein 
conflicted  with  the  good  order,  peace,  and  salety  of  the 
State— we  declined  any  longer  occupying  the  New  As 
sembly  Rooms. 

Pardon  us,  sir,  for  insisting  that  the  maintenance  of  this 
principle  is  essential  to  the  very  life  of  th^  Church  of  Christ. 
If  we  abandon  it  wo  lay  open  frho  Church  to  the  whole  tide 
of  earthly  influences,  and  all  hope  of  accomplishing  the 
mission  of  Christianity  is  lost. 

From  this  your  Excellency  can  see  how  entirely  inappli 
cable  is  the  very  strange  argument  by  which  you  would 
make  it  appear  that  we,  "•  by  throwing  ourselves  upon  out- 
rights  of  conscience  and  the  guaranties  of  the  Constitution, 
might  hoist  the  rebel  ensign  and  defy  the  authorities  to  pull 
it  down."  The  guaranties  of  the  Constitution,  as  you  your 
self  show,  and  we  admit,  do  not  extend  to  the  protection  of 
any  parties  acting  against  the  good  order,  peace  and  safety 
of  society.  We  claim  no  lights  of  conscience  beyond  the 
limitations  of  the  Constitution.  To  hoist  an  earthly  ensign, 
more  particularly  one  which  to  display  is  in  direct  violation 
of  one  of  the  laws  of  the  State,  and  would  so  manifestly  dis 
turb  the  public  peace,  would  sap  the  very  life  principle  of 
our  organization.  No  such  inference  as  that,  sir,  can  bo 
drawn  from  this  proceeding. 

But  we  may  infer  that  if  Major  General  Schenck  has  the 
right  to  prescribe  the  terms  under  which  alono  we  may 
worship  God,  then  by  parity  of  reasoning  he  may  do  the 
same  for  every  other  congregation  in  this  city.  He  may 
suppress  the  Liturgy  of  the  Protestant  Episcopal  Church, 
and  take  away  the  insignia  of  the  Roman  Catholic  service. 
Ho  may  even  go  further,  and  upon  the  ground  that  there- 
are  some  in  each  congregation  unfriendly  to  the  Adminis 
tration,  he  may  forbid  entirely  assemblages  for  worship. 

Your  Excellency,  occupying  a  position  of  such  influence 
and  responsibility,  should,  above  all  others,  consider  to 
what  these  tilings  tend.  The  parties  may  be  few  and  the 
interests  small  concerned  in  this  case, 

..  "  But  the  evil  leaven  will  spread," 
and  the  time  may  come  when  it  will  be  wished  that  occa 
sion  had  been  taken. to  stay  this  baneful  principle  while 
in  its  incipiency,  its  first  birth,  in  this  land.  These  inalien 
able  rights  of  relation  between  God  and  man  may  yet  bo 
preserved  in  their  integrity 

But.  if  this  time  pass  and  this  cause  be  not  sustained,  the 
efforts  and  endurance  of  a  generation  will  hardly  suffice  to 
restore  to  us  our  birthright  of  religious  liberty. 


For  these  reasons,  and  upon  those  grounds,  v.e  call  upoa 
your  Excellency  to  exert  your  influence  not  only  in  our 
behalf,  but  in  support  of  a  great  principle  of  our  Govern- 
ent  and  of  our  common  Christianity. 
Tin  community  has  decided  upon  this  case  and  with  great 
unanimity  has  condemned  this  infraction  of  religious  right 
and  privilege. 

By  endeavoring  to  do  away  with  this  evil  you  will  but 
respond  to  the  sentiment  of  this  city  and  State,  and  of  ev- 
;ry  community  to  which  the  whole  facts  are  known. 

If  we  fail  to  secure  our  lights,  then  wo  must  suffer. 
We  can  only  make  our  appeal  10  the  Most  High,  the  Great 
lead  of  the  Church. 

Very  respectfully,  your  Excellency's  obedient  servants, 
JOHN  M.  BUCK. 
CHARLES  J.  BAKER, 
JOHN  W.  BRUFF, 
J.  B.  BRINK  LEY, 
8.G.  MILES, 
CHARLES  TOWSON, 
JOS.  P.  SHIPLEY, 
WM.  R.  BARRY. 

Steward*  M.  E.  Church. 

Leonard  Passano,  being  absent  from  the  city,  could  not 
risen  it. 

STATE  OF  MARYLAND,  EXECUTIVE  DEPARTMENT, 

April  9,   1863. 
To  JOHN  M.  BUCK,  ESQ.,  and  others, 

Stewards,  <&c  : 

GENTLEMEN  :  I  received,  upon  the  6th  instant,  your  letter 
jf  the  2d,  written,  as  you  say,  to  call  my  attention  to  "  the 
msunderstanding  of  the  facts  and  principles"  embodied  in 
your  former  communication,  and  pervading  my  reply 
;hereto  of  10th  March  last. 

Whatever  may  be  my  misunderstanding  of  the  princi- 
•)lt>s  assumed  in  your  former  communication,  it  is  not  likely 
:hat  anything  I  can  add  to  what  I  have  already  said  will 
;end  to  reconcile  the  different  views  we  respectively  take 
>t  the  subject;  nor  have  I  the  time  to  devote  to  such 
further  discussions.  I  cannot  perceive,  however,  wherein 
[  have  so  misunderstood  the  facts  of  the  case.  You  de 
vote  about  one-half  of  your  last  letter  to  showing  that  when 
[  said  that  "  in  March,  1862,  you  for  the  first  time  practi 
cally  sundered  your  Church  connection  and  abandoned 
the  time-honored  edifices,"  &c.,  I  misapprehended  the  facts, 
ind,  to  prove  it,  you  recur  again  withgreatparticuiarify  to  i 
the  proceedings  of  the  Conferences  find  Conventions  of 
1861.  But,  though  these  have,  as  I  before  remarked,  but 
ittlo  bearing  on  the  subject,  they  were  all  fully  recited  in 
your  former  letter,  and  were  repeated  and  quoted  by  me 
n  iny  reply.  And  whilst  allowing  all  that  can  be  claimed 
or  them,  still  I  maintain  that  in  making  the  declaration 
ibove  quoted  I  stated  the  case  strictly  as  it  was. 

The  question  was  not  what  the  Baltimore  Conference  of 
1861  or  the  Laymen's  Convention  of  18CO  had  c'one  or  de 
clared,  but  what  was  the  origin  and  action  of  your  par 
ticular  congregation,  and,  if  I  am  correctly  informed,  you 
never  did  until  March,  1862,  do  any  act  or  institute  any 
proceeding  to  set  on  foot  any  separate  congregational 
organization,  but  up  to  that  time  occupied  the  same 
churches,  recognized  the  same  appointments,  listened  to 
the  same  ministers,  and  were  governed  in  all  respects  by 
the  same  laws  and  ordinances  with  all  the  other  members 
of  the  Methodist  Episcopal  Church  in  the  city  ot  Balti 
more.  If  this  was  the  case,  I  certainly  did  not  misappre 
hend  the  facts  as  I  intended  to  state  them  when  I  said  that 
you  then, '; for  the  first  time,  practically  sundered  your 
Church  connections." 

In  referring  to  tha:  part  of  my  reply  wherein  Tcall  your 
attention  to  the  functions  respectively  pertaining  to  the 
different  departments  of  the  Government,  and  to  the  fact 
that  such  complaints  as  yours  should  come  properly  before 
the  judicial  tribunals,  you  say,  "  the  history  of  the  past  two 
years  has  quite  satisfied  us  of  the  entire  futility  of  any  ap 
peal  to  the  judiciary."  And  referring  to  the  view  you  had 
been  accustomed  to  take  of  the  office  of  the  Governor,  as 
"the  guardian  of  the  rights  and  honor  of  the  State,''  etc., 
evidently  still  assume  that  the  case  of  your  complaint  was 
one  that  called  lor  his  interference  or  influence. 

I  do  not  understand  how  or  why  it  is  that  you  have  such 
little  faith  in  any  appeal  to  the  judiciary  ;  it  certainly  docs 
not  accord  with  the  views  taken  by  other  citi/ons  who  have 
thought  themselves  aggrieved  by  the  action  of  military  of 
ficers,  and  have,  if  I  am  rightly  informed,  instituted  quite 
a  number  of  appeals  to  that  department  on  such  account. 
As  it  regards  your  opinion  of  what  ought  to  be  the  course 
of  the  Executive  in  interposing  an  influence  against  such 
aggressions,  it  may  not  be  amiss  to  refer  you  to  the  exam 
ple  of  other  Governors.  It  is  possible  that  the  particular 
one  I  havtt  in  view,  might  with  some  have  more  weight 
than  any  argument  I  could  offer. 
On  the  4th  of  March  last,  the  day  after  the  date  of  your 


APPENDIX. 


531 


first  letter  to  me,  some  gentlemen  of  Virginia,  mill  owners  ' 
Doar  the  city  of  Richmond,  addressed  i'<  the  Governor  of  j 
th  it  State  a  communication  very  similar  in  its  apparent  ob-  i 
jeci  to  your  own. 

They  state  to  him  that  on  the  preceding  day  "  the  Com-  j 
missary  General  of  the  Confederate  States  of  America'1  had 
impressed  all  their  flour  in  the  mill,  which  cost  them  "con 
siderably  more  than  the  price  fixed  by  the  Government.'' 
They  further  state  that  the  Government  had  notified  them 
that  -'it  will  forcibly  take  possession  of  the  legitimate  pro 
ducts  of  our  mills,  for  which  wo  pay,  under  the  protection 
of  the  State  of  Virginia,  heavy  taxes,  and  also  a  special  cor 
poration  tax."  and  they  appeal  to  the  Governor  in  these 
words:  "We  lay  our  grievances  before  you,  and  call  upon 
you  to  protect  "us  from  the  open  and  flagrant  violation  of 
our  rights,  and  ask  that  an  armed  force  may  be  furnished 
us  to  prevent  our  property  from  being  carried  off  vi  e.t  armis 
not  only  at  less  than  cost,  but  far  less  than  its  market 
value.'' 

Here  would  seem  to  be,  indeed,  an  open  and  flagrant  vio 
lation  of  private  rights  that  needed  no  straining  to  make  it 
palpable.  It  was  no  technical  or  constructive  wrong  that 
required  long  arguments  to  elucidate,  but  a  direct  and 
most  offensive  invasion  of  the  rights  of  property  is  obvious 
to  every  one. 

Now  let  me  call  your  attention  to  Governor  Letcher's  re 
sponse  to  this  appeal.  It  is  contained  in  ten  lines,  and  I 
give  the  pith  and  words  of  it : 

"I  regard  the  act  of  which  you  complain  as  oppressive 
and  committed  without  lawful  authority.  The  only  remedy 
I  know  of  is  the  institution  of  suits  for  damages  against  the 
officers  committing  these  acts." 

Whether  '•  the  history  of  the  past  two  years''  has  or  has 
not  served  to  show  that  an  appeal  to  the  Virginia  judiciary 
is  less  futile  than  to  our;?,  is  a  question  that  you  can  as 
readily  determine  as  I ;  but  little  as  I  am  disposed  to  look 
to  such  places  for  precedents,  yet  considering  the  peculiar 
views  ot  that  Commonwealth  and  the  particular  pride  it 
lias  heretofore  taken  in  maintaining  States  rights  against 
imaginary  Federal  encroachments — to  say  nothing  of  the 
confidence  with  which  we  have  been  advised  to  follow  in 
its  lead— when  the  Governor  of  such  a  State,  in  reference 
to  such  an  outrage  committed  by  "the  Confederate  Gov 
ernment,''  and,  as  he  admits,  without  authority,  "  knows 
no  other  remedy"  thaiv-suits  against  the  officer  committing 
it,  I  think  the  Governor  of  Maryland,  sworn  though  lie 
may  be  "  to  see  her  Constitution  and  laws  faithfully  ob 
served  and  enforced,"  may  be  excused  for  referring  you  to 
similar  tribunals,  and  from  using  his  official  influence  to 
remove  the  National  Flag  from  your  meetinghouse. 

I  am  glad  to  hear  you  say  that  you  still  reverence  that 
flag  as  yuu  do — that  you  "honor  it  as  the  symbol  of  those 
great  principles  which  our  fathers  secured  to  us."  Under 
tlie  influence  of  such  feelings  I  may  still  hope  to  hear 
you,  as  I  suggested  in  my  last  letter,  rebuke  those  who 
insulted  it,  and  disavow  all  hostility  to  it  or  the  Govern 
ment  it  represents. 

It  its  painful  to  remember  how  that  "  honored  emblem" 
lias  been  desecrated  within  the  last  two  years  by  Southern 
mobs,  as  they  dragged  it  at  their  horses'  heels  or  trampled 
it  under  foot;  but  whilst  the  remembrance  of  these  pro 
ceedings  renders  it  all  the  more  incumbent  upon  us  to 
promptly  screen  it  from  even  implied  dishonor,  lean  hardly 
hope  that  these  are  the  occurrences  to  which  you  refer 
when  you  say  you  mourn  over  the  perversions  which  have 
tarnished  it. 

In  endeavoring  to  show,  as  you  do  in  your  last  letter, 
that  there  was  no  such  expression  of  disgust  on  the  part 
of  any  of  your  congregation  as  was  imputed  to  them  by 
.Major  Fish,  you  will  pardon  me  for  saying  that  I  think  you 
have  hardly  met  the  question  with  that  frankness  to  be 
expected  of  you.  You  say  "  they  may  have  objected  to  it 
as  inappropriate  to  the  worship  of  God,  a  service  in  which 
we  lay  aside,  for  the  time,  the  relations  of  earth,"  &c.,  "  or 
they  may  have  objected  to  it  because  such  display  was  in 
violation  of  the  contract  with  the  janitor  to  remove  all 
worldly  decorations."  Now,  let  me  ask  you,  as  truthful 
and  candid  men,  do  you  believe  that  they  did  object  on  any 
such  grounds?  Was  it  really,  in  your  opinion,  their  pure 
and  spiritual  ideas  of  the  proper  adornments  or  appearance 
of  the  sanctuary  that  gave  rise  to  their  objections? 

A  portrait  or  a  fancy  painting,  a  kettle  drum  or  a  bass 
viol,  are  each  and  all  of  them  about  as  much  of  a  "worldly 
decoration,"  and  have  quite  as  much  ''relation  to  earth" 
and  as  little  "relation  to  the  Most  High,"  as  the  American 
ensign,  but  do  you  really  think  that  if  the  janitor  had  by 
chance  loft  in  view  any  s'.icli  appliances  of  the  assembly  of 
the  previous  night  that  the  men  who  left  the  room  or  refused 
to  enter  it  whilst  the  flag  wr.s  there  would  have  manifested 
the  same  holy  horror  of  such  worldly  mementoes,  and  re 
fused  to  worship  until  they  were  removed?  If  such  is 
your  opinion,  you  are  of  course  right  in  suggesting  the 
|X)ssilile  explanations  you  do. 

Equally  imaginative.as  it  seems  to  me,  are  the  monstrous 


evils  you  predict  an  likely  to  result  from  the  unhallowed 
proceedings  of  General  Schenck,  and  by  reason  of  which 
you  tell  us  that  "the  efforts  and  endurance  of  a  generation 
will  hardly  suffice  to  restore  to  us  our  birthright  of  reli 
gious  liberty."  It  seems  almost  impossible  to  conceive  how 
the  most  exuberant  fancy  can,  upon  such  a  ground-work, 
conjure  up  so  alarming  a  picture,  and  how  it  is  that  though 
the  General  had  covered  all  the  walls  of  the  Assembly 
llooms  with  the  National  ensign,  that  would  lead  us  to  ex 
pect  him  in  the  next  place  to  "suppress  the  liturgy  of  the 
Protestant  Episcopal  Church,  and  take  away  the  insignia- 
of  the  Roman  Catholic  service." 

That  you  should  dwell,  as  you  do,  upon  such  unfounded 
and  fanciful  evils,  and  regard  them  with  such  engrossing  and 
ominous  forebodings  in  times  like  these,  when  the  whole 
nation  is  groaning  under  the  calamities  which  this  un 
righteous  rebellion  has  brought  upwn  us,  is  not  among  the 
least  remarkable  wonders  which  "  the  history  of  the  past 
two  years"  has  developed. 

Fortunate,  indeed,  may  you  and  your  congregation  be  con 
sidered  if  this  war  imposes  on  them  no  burthen  more  seri 
ous  than  the  one  of  which  you  complain,  and  that  whilst 
"intent  solely  upon  maintaining  the  truth  and  purity  of 
Christian  doctrine"  you  encounter  no  other  interruption  of 
that  religious  enjoyment,  than  the  necessity  of  turning 
your  eyes  upon  that  llag,mid  witnessing  the  eft'orts  of  those 
intent  upon  maintaining  its  supremacy";  and  the  truth  and 
purity  and  very  existence  of  all  popular  institutions. 
Very  respectfully  your  obedient  servant, 

A.  W.  BRADFORD. 

The  printing  of  these  communications  from 
the  Baltimore  American  appears  to  be  necessary 
to  u  full  statement  of  the  case  : 

THE    METHODIST   EPISCOPAL   CHURCH  AXD  THE  DISLOYAL  SEPA 
RATORS. 

Tn  the  Editors  of  the  American: 

The  editor  of  the  New  York  Journal  of  Commerce  in  a 
recent  number  of  that  paper  prefaces  a  narrative  of  certain 
events  in  Baltimore  with  the  following  remarks  : 

'•THE  BALTIMORE  CHURCH  CASE. — Such  cases  as  that  of 
the  arrest  of  the  Rev.  Mr.  Dashiell,  and  the  trouble  in  the 
Methodist  Churches  in  Baltimore,  are  deeply  to  be  regret 
ted.  They  ought  not  to  occur,  and  there  is  no  need  that 
they  should  occur.  In  every  instance  they  weaken  the 
hold  of  the  Administration  on  the  people,  and  shake  confi 
dence  among  the  more  quiet  and  non-demonstrative  portion 
of  the  community. 

'•  It  appears  that  the  division  of  the  Methodist  Church 
into  North  and  South,  which  took  place  some  time  ago, 
and  the  adoption  by  the  Church  North  of  a  special  dogma 
on  the  subject  of  slaveholding,  resulted  in  the  establish 
ment  of  two  or  three  Methodist  churches  in  Baltimore  who 
were  unwilling  to  accept  the  new  items  introduced  into  the 
creed.  We  do  not  profess  to  understand  the  differences, 
but  the  simple  fact  is  that  these  Methodists  in  Baltimore 
issued  a  statement  that  they  could  not  'conscientiously 
submit  to  the  jurisdiction  of  the  Buffalo  General  Confer- 
ence,  nor  become  members  of  the  church  under  the  New 
Discipline  of  I860.'  It  matters  very  little  what  the  points 
were.  In  a  question  of  religious  worship,  we  suppose  all 
American  people  agree  that  these  people  were  free  to  follow 
their  consciences,  if  their  consciences  did  not  impel  them 
to  a  violation  of  law.  There  is  a  Chinese  temple  in  full 
blast  in  San  Francisco,  and  Jew  and  Gentile  worship  every 
where  in  this  country  according  to  their  religious  notions. 
There  has,  however,  been  a  persecuting  spirit  among  some 
of  the  Baltimore  people  against  these  worshippers  of  the 
Methodist  persuasion.  If  they  were  a  congregation  of  Re 
bels,  which  they  are  not,  they  ought  not  to  be  disturbed  in 
the  peaceful  worship  of  God,  so  long  as  their  worship  was 
not  treason.  But  some  one  wanted  to  get  up  a  row.  On 
Saturday  night,  in  the  dark, some  one  nailed  a  smallcotton 
handkerchief  Hag  over  the  door  of  one  of  their  churches  or 
places  of  worship.  It  was  the  notice,  and  doubtless  in 
tended  to  be  the  notice,  of  the  collection  of  a  crowd,  and 
the  disturbance  of  their  morning  service.  What  ensued  is 
thus  stated  by  Rev.  Mr.  Dashiell.  who  is  a  highly  esteemed 
Methodist  clergyman,  and  not  at  all  liable  to  the  charge  of 
being  a  'Secessionist.'" — [Here  follows  a  history  of  the  af 
fair,  with  which  the  public  is  familiar.] 

The  history  of  the  times  demands  an  impartial  and  truth 
ful  statement  concerning  the  relation  of  the  Methodist 
Episcopal  Church  of  this  city  with  reference  to  the  separa 
tion  of  a  number  of  its  members  from  the  jurisdiction  of  its 
acknowledged  Bishops  and  Conference,  and  the  formation 
of  the  separatists  into  what  they  denominate  the  "Central 
M.  E.  Church  "  This  Church,  so  called,  which  is  composed 
of  three  distinct  congregations,  is  presided  over  by  several 
ministers  formerly  connected  with  the  Baltimore  Annual 
Conference. 

The  General  Conference  which  met  at  Buffalo  in  1860  in 
troduced  into  the  Discipline  of  the  Church  a  new  chapter 


532 


APPENDIX. 


on  the  subject  of  slavery.  The  adoption  of  this  new  rule 
excited  the  church  in  Maryland  and  Virginia  as  being  un 
wise  and  offensive.  Many  of  the  ministers  and  laity  sol 
emnly  protested  against  the  objectionable  canon,  and  de 
clared  their  purpose  to  seek  redress  at  the  next  General 
Conference  in  1804,  which  body  alone  would  have  power  to 
alter  or  change  the  offensive  chapter. 

Others,  however,  deemed  the  passage  of  the  new  chapter 
sufficient  cause  for  a  violent  disintegration  of  the  Church 
in  Maryland  and  Virginia  from  the  North  and  West,  with 
out  awaiting  or  desiring  any  relief  by  the  General  Confer 
ence,  and  forthwith  proceeded  to  institute  disorganizing 
schemes  leading  to  that  result. 

Much  of  this  excitement  doubtless  arose  from  the  sym 
pathy  which  existed  among  the  Church  in  Maryland  lor 
their  brethren  in  Virginia,  many  of  whom  were  connected 
with  the  Baltimore  Conference. 

Conventions  of  the  laity  were  held  during  the  year  1860 
in  this  city  and  elsewhere,  for  the  purpose  of  separating 
from  the  other  portions  of  the  Church  that  had  adopted  the 
obnoxious  rule  or  chapter  on  slavery.  In  these  conven 
tions  many  highly  respectable  and  loyal  gentlemen  partici 
pated;  but  us  the  political  difficulties  of  the  nation  in 
creased,  and,  to  some  extent,  involved  the  Church,  those 
persons  sacrificed  their  persona^  preferences  as  to  ecclesi 
astical  organization  for  their  country's  good.  Not  so  with 
others,  who  could  see  no  connection  between  the  disinte 
gration  of  the  Church  and  the  proposed  division  of  the  na 
tion — if  indeed  they  did  not  desire  it — although  the  subject 
of  slavery  was  intimately  connected  with  both. 

On  January  4th,  1861,  a  large  and  influential  meeting  of 
the  Methodists  of  Baltimore  was  held  in  Light  Street 
Church,  designed  to  allay  the  excitement,  to  counsel  mod 
eration,  and  to  prevent  the  evils  of  precipitate  and  improper 
action  in  reference  to  the  new  chapter.  Among  the  reasons 
assigned  in  the  proceedings  is  the  following  significant  sen 
tence  :  "  It  is  regarded  that  the  agitation  of  the  subject  of 
slavery  in  the  councils  of  the  Church  is  dangerous  at  this 
time,  especially  in  view  of  the  distracted  condition  of  the 
country."  This  timely  warning  restrained  many  from  fur 
ther  efforts  in  the  cause  of  disruption,  and  strengthened 
the  hands  of  those  who  were  inclined  to  await  the  settle 
ment  of  our  national  difficulties,  which  were  daily  becom 
ing  more  and  more  intricate. 

The  Baltimore  Annual  Conference  which  met  at  Staunton, 
Virginia,  in  March  1861,  consummated  the  plan  of  the  ma 
jority  of  the  preachers — and  which  was  approved  by  the 
Laymen's  Convention  that  assembled  at  the  same  time  and 
place — for  a  prospective  separation  of  the  Conference  from 
the  other  portions  of  the  Church,  and  leaving  the  Bishops 
to  decide  before  March.  1862,  whether  the}' would  join  their 
interests  with  the  new  organization  under  the  old  name,  or 
otherwise. 

Meanwhile  our  national  troubles  culminated,  and  the  re 
bellious  war  was  transferred  from  the  farther  South  to  the 
State  of  Virginia,  and  nearly  all  communication  between 
the  Church  in  that  State  and  Maryland  was  cut  off. 

The  Conference  at  Staunton  adjourned  to  meet  in  Balti 
more,  March,  1862,  at  which  time  as  many  of  the  mem 
bers  as  could  or  would  attend  its  session  convened;  Bishop 
Janes  presiding.  The  session  held  in  Light  Street  Church 
was  harmonious,  and  provision  was  made  for  the  recogni 
tion  of  absent  ministers  who  might  report  themselves  at  the 
next  Conference — to  be  held  in  Georgetown  in  March  next, 
1863. 

Up  to  the  meeting  of  the  Conference  in  March,  1862,  no 
rupture  had  occurred  in  the  Church  in  Baltimore.  Ilevs. 
E.  F.  Busey,  A.  W.  Wilson,  T.  K.  Carson,  W.  J.  Perry,  and 
J.  A.  Williams,  all  of  this  city,  refused  to  recognize  the 
Conference  which  met  at  Light  street,  and  were  entered  on 
the  minutes  as  withdrawn. 

In  the  Baltimore  American  of  March  15, 1862,  a  notice 
appeared  addressed  "To  the  Methodist  Community  and 
Others,"  announcing  that  the  Ilevs.  E.  F.  Busey  and  A.  W. 
Wilson  would  preach  at  the  New  Assembly  Rooms  on  the 
following  day,  which  was  the  Sabbath.  Ou  the  22d  of 
March,  the  following  week,  an  announcement  was  pub 
lished  for  services  in  the  "Central  Methodist  Episcopal 
Church,"  &c. 

The  new  movement  being  now  inaugurated,  the  separa 
tists  retired  from  the  Church  by  certificate  of  membership, 
or  otherwise,  as  best  suited  their  own  state  of  mind.  It  is 
believed  that  from  all  sources  not  more  than  five  hundred 
persons  have  joined  their  organization ;  but  their  congre 
gations,  iiH-l'i'!ing  their  Sunday  Schools,  would  perhaps 
number  thrice  as  many. 

The  line  has  become  distinctly  drawn  between  the  schis 
matics  and  the  Church.  The  'members  of  the  Alcthodiwt 
Episcopal  Church  in  Baltimore,  if  not  almost  to  a  man,  at 
least  very  generally,  are  loyal  to  the  General  Government, 
and  desire  the  perpetuity  of  the  National  Union;  while 
none  of  the  schismatics  profess  any  sympathy  for  either. 
Naturally  enough  the  new  society  was  considered  a  disloyal 
association,  while  some  of  its  adherent!  did  not  hesitate  to 


call  those  who  did  not  follow  their  leadership  Abolitionists, 
Black  Republicans,  Liucolnites,  &c.  If  there  be  auv  loval 
citizens  connected  with  the  "Central  Methodist  Episcopal 
Church"  they  are  certainly  in  such  association  as  may 
well  form  the  ground  of  reasonable  doubt  of  their  loyalty. 
In  short,  does  not  their  every  public  act  favor  secession, 
point  directly  against  the  integrity  of  the  United  States, 
and  treat  with  indignity  our  dearest  national  emblem? 
Our  deliberate  opinion  is  that  there  is  not  one  truly  loyal 
man,  woman,  or  child,  in  connection  with  this  so-called 
"Methodist"  Church,  and  that  it  is  composed  entirely  of 
the  disloyal  and  discordant  secession  element  of  this  city. 

1.  From  the  above  statement  it  will  be  seen  that  there  is 
no  "trouble  in  the  Methodist  Episcopal  Church  in  Balti 
more,"  as  erroneously  stated  by  the  Aew  Yvrk  editor.    The 
number  of  white  members  and  probationers  in  Baltimore  is 
about  ten  thousand,  of  whom  more  than  nine   thousand 
adhere  to  th«  Church.     The  circumstance  cf  Mr.  Dashiell, 
who  is  a  minister  of  the  Methodist  Episcopal  Church,  being 
connected  with  the  "trouble"  in  this  city,  was  altogether 
on  his  part  voluntary,  and  a  matter  in  which  he,  as  a  Meth 
odist  Episcopalian,  was  no  more  concerned  than  if  he  were 
a  resident  of  New  York.     The  whole  thing,  so  far  as  he  is 
concerned,  grew  out  of  the  fact  that  he  was  the  owner  of 
the  property  where  the  flag  was  placed,  which  fact  was 
probably  unknown   to   the  parties  who   placed   it   there. 
This,  we  think,  sufficient  on  this  point. 

2.  That  it   was   neither  "the   division  of  the  Methodist 
Church  into  North  and  South,"  which  transpired  nineteen 
years  ago,  in  184-1,  nor  "  the  adoption  by  the  Church  North 
of  a  special  dogma  on  the  subject  of  slaveholding."  which 
occurred  in  the  spring  of  1860,  that  "  resulted  in  the  estal>- 
lishmentof  two  or  three  Methodist  Churches  in  Baltimore," 
which  did  not  occur  until  the  spring  of  1862,  two  years  after 
the  time  the  statement  of  the  Xew  York  editor  would  lead 
its  readers  to  believe  the  new  organization  took  place ;  and 
so  far  from  dating  back  nearly  three  years  to  tiic  General 
Conference,  it  is  not  yet  one  year  old ;  all  this  we  think 
our  narrative  has  made  sufficiently  apparent.     These  facts 
being  established,  all   the  conclusions  of  the  New    York 
editor,  founded  on  the  false  premise  of  the  loyalty  of  the 
"Central  Methodist  Episcopal   Church,"   either  to   their 
mother  church  or  the  United  States,  sue  found  to  be — like 
their  premises — also  false.     We  are,  therefore,  not  at  all 
surprised  to  hear  him  say  "  we  do  not  pretend  to  under 
stand  the  differences  between  the  loyal  and  disloyal  Metho 
dists  of  Baltimore,"  and  that  "it  matters  very  little  what 
the  points  were."    Certainly  not,  if  we  wish  to  remain  in 
the  dark  ourselves  and  to  blind  others  ;  but  if  we  desire  to 
"come  to  the  light"  and  establish  the  truth,  then  it  is  of 
much  importance  "  what  the  points  were,"  and  we   have 
honestly  attempted  to  set  them  forth  without  indulging  in 
any  reproachful  or  vindictive  language.     But  we  may  here 
after  have  more  to  say  on  the  subject  if  necessary. 

THE    CARD    OF    REV.  MR.    DASHIELL. 

Editors  of  the  American — You  have  consented  to  allow 
me  space  to  correct  the  errors  in  your  report  of  my  arrest 
and  imprisonment  by  the  military  authorities  of  this  De 
partment.  I  proceed  to  do  so. 

1.  The  charge  was  stated  to  be  the  tearing  down  and  de 
stroying  of  the  American  flay.     I  did  not  tear  it  down,  but 
removed  it  and  the  rude  staff  together.  I  did  not  destroy  it. 
It  was  not  injured,  is  now  in  my  possession,  and  was  offered 
to  the  Provost  Marshal  in  disproof  of  the  charge. 

2.  It  was  said  the  flag  was  put  up  by  some  Union  people. 
Who  knows  this?     Did  your  reporter,  or  the  one  who  sent 
the  despatch  to  the  Associated  Press,  know  who  put  if  up  ? 
It  was  evidently  placed  upon  the  building  by   disorderly 
mischief-makers.     (1.)  The  flag  itself  was  a  small  one  and 
cost  perhaps  fifty  cents.    (2.)  It  was  put  up  in  the   night 
and  hurriedly.    (3.)  It  was  nailed  to  the  outside  of  a  second- 
story  window,  and  the  window  was  nailed  fast  from  the 
outside.     (4.)  Major  Fish  distinctly  denied  having  had  it 
placed  there.     (5.)  I  had  not  received  any  notification  from 
the  authorities,  civil  or  military.    (<>.)  Nobody  lias  a  right 
to  place  a  flag  upon  my  premises  without  my  consent.    For 
these  reasons"  1  believe  no  Union  people  put  it  up.    Some 
rowdies,  upon  instigation  of  two  or  three  officeholders,  did 
the  deed  to  provoke  disturbance,  and   to   burlesque  the  or 
ders  of  this  military  department  about  flags  upon  places  of 
worship.     1  should  be  sorry  to  believe  otherwise,  or  to 
think  that  you  supposed  any  respectable  man  capable  of 
so  mean  and  cowardly  a  trespass  upon  the  rights  of  pro 
perty. 

3.  It  was  said  that  I  was  the  minister  of  the  congregation. 
This  is  another  error.    Whatever  I  may  think  of  the  move 
ment,  I  have  never  preached  for  them,  and  am  not  a  mem 
ber. 

4.  It  was  said  that  I  was  going  to   the   Sunday   School. 
Another  error.    There  was  no  one  present  in  the  building 
at  the  time. 

5.  That  I  kicked  out  the  glass.     This  is  utterly  false.    To- 
reach  the  flag  I  was  compelled  to  force  the  window,  as  it 


APPENDIX. 


533 


was  nailed  from  the  outside.    I  broke  the  glass  with  my 
umbrella  handle. 

6.  It  is  said  that  I  jumped  into  a  carriage,  and  drove  off. 
The  carriage  was  at  my  own  door,  five  squares  off,  in  an 
other  street,  and  waiting  for  me  to  go  with  Sterling  Thomas, 
Esq.,  to  the  Penitentiary,  to  preach. 

7.  Personally,  I  care   very  little  about    such   displays 
of  fl.igs.    I  believe  no  military  or  civil  officer  has  a  right 
to  place  them  upon  private  property,  and  that  such  petty 
acts  are  injurious  to  any  cause,  by  encouraging  the  "bad 
fellows  of  u  baser  sort''  to  imitate  the  conduct  of  their  su 
periors,  and  by  creating  special  distinctions  in  the  commu 
nity,  when  each  should  enjoy  unmolested  his  rights,  and  if 
charged  with  wrong,  suffer  by  law,  and  not  mob  rule,  after 
a  fair  trial  by  the  established  courts. 

Af-  to  my  release,  you  have  told  your  readers  that  I  was 
•'•released  upon  a  parole  dictated  by  the  Government."  The 
following  letter,  that  tendered  the  parole  which  IB  herewith 
submitted,  w'  1  prove  that  it  was  the  second  parole  offered 
to  me.  and  tuat  it  was  carefully  accommodated  to  my  sense 
of  ri^ht.  I  assure!  you  that  if  Major  Fish,  as  Provost  Mar 
shal,  had  not  lowered  his  tone,  and  urged  in  respectful 
language  his  appeal  to  sign,  I  should  yet  have  been  in  Fort 
Mcllcnry. 

f  Tor  (lie  papers  referred  to,  see  ante.] 

This  parole  must  be  interpreted  by  the  official  document 
that  introduced  it.  In  that  document  I  am  told  "  you  said 
to  me  it  would  h.m»  been  better,"  Ac.  In  the  parole  the 
word  "  duty"  is  substituted  for  '•  it  would  have  been  better." 
The  meaning,  as  I  understood  it,  is  this— that  it  would  have 
bet n  prudent  and  expedient,  in  view  of  the  disturbances 
about  the  Hag  at  the  New  Assembly  rooms,  to  have  ascer 
tained  with  certainty  whether  the  Hag  was  put  up  by  au 
thority.  And  indeed  I  am  now  willing  to  add  that  it  would 
have  been  more  becoming  in  me,  as  a  minister  of  the  Gos 
pel,  to  have  delayed  any  action  until  the  Sabbath  had 
passed,  and  then  to  have  notified  the  police  or  the  military 
before  I  removed  it.  This,  however,  decides  nothing  about 
the  right  of  putting  up  Hags  on  private  property  without 
the  owner's  consent.  Yours  truly, 

JOHN  II.  DASIIIELL. 

February  28,  1863. 

The  Department  of  Missouri. 

THE  McPHEETEBS  CASE. 

ORDER  OF  MAJOR  GENERAL  CURTIS. 
OFFICE  PROVOST  MARSHAL  GENERAL, 

DEPARTMENT  OF  THE  MISSOURI, 

ST.  Louis,  Mo.,  December  19,  1862. 
[SPFCIAL  ORDER  No.  152.] 

WHEREAS,  On  account  of  unmistakable  evidence  of  sym 
pathy  vith  the  rebellion  on  the  part  of  Rev.  Sam']  B.  Mc 
Pheeters,  pastor  of  the  Pine  Str.  et  Church,  certain  loyal 
mem !»er.-<  of  his  congregation,  about  six  months  since,  urged 
him  to  avow  his  sentiments  openly,  and  to  take  a  stand  in 
favor  of  the  Government,  which  he  refused  to  do.  and  has 
also  published  and  circulated  two  letters  within  the  last 
two  weeks,  in  which  he  not  only  refuses  to  declare  wheth 
er  he  is  in  favor  of  the  success  of  the  authorities  of  the  na 
tion  in  tli.-ir  "fforts  to  put  down  a  cruel  and  desolating  re 
bellion,  and  has  failed  to  remove  a  wide-spread  and  increas 
ing  impres>ion,  that  he  desires  the  success  of  the  rebel 
cause:  and  whereas,  the  said  McPheeters.  acting  with  oth 
ers  of  the  .same  denomination,  has  used  all  the  influence  of 
his  ministerial  character  to  prevent  the  body  of  the  Church 
'with  which  he  is  connected,  from  declaring  or  manifesting 
its  loyalty  to  the  Government,  and  has  refused  to  observe" 
in  their  obi-ions  meaning  and  intent,  the  recommendations 
of  the  President  of  the  United  States  to  the  various 
churches,  and  has  allowed  the  influence  of  his  wife  his 
brothers, anil  intimate  associates,  to  seduce  him  from  an 
open  iind  manly  support  of  the  Government  into  active 
sympathy  wilh  the  rebellion,  whereby  the  influence  of  his 
ministerial  position  has  greatly  encouraged  the  enemies  of 
the  Government  in  their  wicked  schemes  for  Its  overthrow, 
and  is  still  exerting  an  injurious  influence,  especially  upon' 
the  youth  and  other  members  of  his  congregation  lending 
then,  t »  believe  that  he  sympathi/.es  with  the  rebels,  anil 
justifies  their  cause,  and  to  adopt  sentiments  of  hostility  to 
the  Government  HIM!  to  becom-  active  rebels;  and  whereas 
ni  all  ins  course  of  unfriendliness  to  the  Government,  and 
sympathy  with,  and  favor  to,  rebels,  the  said  McPheeters 
has  been  Stimulated  and  encouraged,  if  not  led  on,  l.v  1, is 
wile  who  openly  avows  herself  a  rebel ;  wh-reby  the' said 

cl  heelers  ami  hi.s  wife,  have  forfeited  the  right  to  the 
protection  and  favor  of  the  Government  in  their  present 
position,  and  have  become  promoters  of  rebellion  and  civil 
discord.     J  herelore.  it  is  ordered  that  the  said  Mct'heeters 
his  wife-  leave  the  State  of  Missouri,  within  ten  days  af 
ter  the  scrv.ce  of  this  order,  and  that  tliev  take  up  th.-ir 
•sidemv  within  the  free  States,  north  of  Indiunapofa  and 
I  Pennsylvania,  mid  remain  there  during  the  war 


and  that  said  MePheeters  cease  from  this  date  to  exercise 
the  functions  of  his  office  within  the  State  of  Missouri,  and, 
that  lie  deliver  to  the  Clerk  of  Pine  Street  Church  all 
books,  records  and  papers  belonging  to  that  Church. 

It  is  further  ordered,  that  the  church  edifice,  books  and 
papers,  at  the  corner  of  Eleventh  and  Pine  Streets,  be 
placed  under  the  control  of  three  loyal  members  of  Pine 
Street  Church,  namely :  George  P.  Strong,  James  M.  Corbitt 
and  John  M.  Ferguson,  who  shall  see  that  its  pulpit  be 
filled  by  a  loyal  minister  of  the  Gospel,  who  can  invoke  the 
blessing  of  the  head  of  the  Church  upon  the  efforts  of  the 
Government  to  re-establish  its  authority. 

By  command  of  Major  General  Curtis. 

F.  A.  DICK, 
Provost  Marshal  General  Dep't  of  the  Missouri. 

LETTER    OF    DR.     Jl'PHEKTERS    TO  ATTORNEY  GEN 
ERAL  BATES. 

ST.  Louis,  Mo.,  Dec.  23, 1862. 
Hon.  EDWARD  BATES, 

Attorney-General  of  the  United  States: 
DEAR,  SIR  :  Knowing  how  much  your  time  is  occupied  in 
the  discharge  of  the  duties  of  your  office,  it  is  with  extreme 
reluctance  that  I  ask  your  consideration  of  the  case  which 
I  have  to  submit.  And  if  it  were  an  individual  or  private 
matter,  or  one  of  small  moment,  I  would  not  trouble  you, 
but  it  is  one  so  important  in  the  principle  involved,  and 
may  be  so  far-reaching  in  its  consequences,  that  I  feel  com 
pelled  to  call  your  official  attention  to  it. 

Inclosed  I  send  you  an  order  of  Major  General  Curtis, 
and  the  documents  and  papers  connected  with  and  result 
ing  in  this  order. 

From  these  papers  it  will  be  seen  that  a  question  of  a 
purely  ecclesiastical  nature  has  been  raised  between  some 
of  the  members  of  my  Church  and  myself  as  to  the  rights 
involved  in  the  relation  of  a  pastor  to  his  people,  to  wit : 
whether  the  members  of  a  Presbyterian  Church  have  a 
right  to  demand  of  their  pastor  that  he  should  define  iu 
\yritinghisviewsand  position  on  civil  and  political  ques 
tions.  For  the  reasons  set  forth  at  large  in  the  accompa 
nying  documents,  I  denied  and  resisted  this  claim  of  right. 
My  whole  action  in  this  matter  has  been  the  result  of  reli 
gious  convictions  and  my  life-long  views  of  the  nature  and 
duty  of  the  Gospel  ministry.  The  members  of  my  Church 
who  made  this  demand,  at  first  tried  to  coerce  obedience 
by  ecclesiastical  means.  They  tried  to  get  a  majority  of 
the  Church  to  ask  for  a  dissolution  of  the  pastoral  relation. 
In  this  they  utterly  failed.  Four-fifths  of  the  Church,  and 
all  of  the  Church  Session,  numbering  seven,  except  one, 
•without  distinction  of  party  or  opinion,  adhered  to  me.  In 
timations  had  been  thrown  out  in  conversation,  that  if,  in 
no  other  way,  the  military  authorities  would  be  appealed 
to  to  enforce  their  views.  I  have  no  positive  evidence  as 
to  the  persons  who  brought  the  matter  before  the  military 
authorities.  But  the  order  of  General  Curtis,  on  its  face, 
shows  that  it  rests  upon  this  controversy  in  my  Church. 

It  is  proper  for  me  further  to  state  that  no  notice  was 
given  me,  nor  was  I  examined,  or  in  any  way  questioned 
as  to  the  truth  or  falsehood  of  the  charges  made.  Now,  the 
points  to  which  I  desire  to  call  your  official  attention  are 
these : 

First.  That  the  military  authorities  have  assumed  to  de 
cide  an  ecclesiastical  question  between  me  and  some  of  the 
members  of  my  charge,  and  that  they  have  construed  my 
denial  of  the  right  which  they  claim  to  demand  of  me  as 
their  pastor— an  answer  to  civil  and  political  questions— <w 
an  act  of  disloyalty  to  the.  Government. 

Second.  That  in  this  order  the  military  authorities  have 
made  my  action  in  the  Church  court  upon  questions  purely 
ecclesiastical,  a  matter  not  only  of  military  review,  but  of 
military  punishment.  The  language  of  the  order  is:  "And 
whereas  the  said  McPheeters.  acting  witli  others  of  the 
same  denomination,  has  used  all  the  influence  of  his  minis 
terial  character  to  prevent  the  body  of  the  Church  with 
which  ho  is  connected  from  declaring  or  manifesting  its 
loyalty  to  the  Government."  This  can  only  refer  to  my 
course  in  the  last  General  Assembly  of  the  Presbyterian 
Church;  for  these  questions  have  not  come  up  in  any  other 
Church  courts  with  which  I  am  connected.  I  did,  however, 
in  the  General  Assembly  of  May  last,  oppose  certain  reso 
lutions  introduced  into  that  body,  which  I  regarded  as  an 
indirect  violation  of  the  Constitution  of  the  Presbyterian 
Church,  which  says:  'Synods  or  councils  are  to'haa.dle 
orcondii-.lo  nothing  but  what  is  ecclesiastical,  and  are  not 
to  intermeddle  with  civil  affairs  which  concern  the  common 
wealth,  unless  by  way  of  humble  petition  in  cases  extraor 
dinary,  or  byway  of  advice  for  satisfaction  of  countenance 
they  be  thereunto  leqiim-d  b.V  the  civil  magistrate."— 
Confession  ,,f  Faith,  Chapter  XXXI :  g  4.  I  said  nothing  as 
to  the  merits  of  the  eivil  question  upon  which  the  decision 
of  the  Assembly  was  asked.  I  only  maintained  that  it  had 
no  right  to  '•  handle  or  conclude"  such  matters.  This  was 
certainly  no  offence  for  which  I  should  be  subjected  to 


534 


APPENDIX. 


military  punishment,  and.  I  humbly  submit,  a  subject  upon 
which  it  was  not  proper  for  them  to  decide. 

Third.  It  will  moreover  be  seen  t  hat  the  military  author 
ities  are  dealing  with  me  not  us  acitizen,  butdistinctly  and 
formally  as  n.  minister  of  the  Gospel.  They  commanded  me 
to  "cease from  this  date  the  function* of"  my  "office  in  the 
State  of  Missouri."  Now,  my  ofiice  as  n  minister  of  the 
Gospel,  I  do  not  receive  from  the  State  but  from  thechurch 
of  Christ,  and  its  functions  can  only  be  suspended  by  those 
from  whom  1  received  my  ollicc,  and  it  seems  to  me  that, 
the  military  authorities  should  not  Bit  in  judgment  upon 
that  office,  that  they  should  only  know  me  as  a  citizen,  and 
only  deal  with  me  as  such. 

Fourth.  It  will  be  further  seen  in  the  order  that  the  mil 
itary  authorities  take  command  not  only  of  the  church  edi 
fice,' but  of  the  books  and  papers,  i.  e.,  the  church  records, 
and  order  them  to  be  given  into  the  hands  of  three  indi 
viduals,  who,  while  they  are  members  of  the  church,  and 
one  of  them  an  elder,  are  not  the  persons  to  whom  the 
church  has  or  would  commit  them  if  permitted  to  declare 
her  will;  and  further  still  it  will  be  seen  from  this  order, 
that  these  same  three  individuals  are  appointed  by  the  mil 
itary  to  nil  the  pulpit,  and  determine  what  kind  of  religious 
instruction  thechurchshall  have.  All  thisis  notonly  done, 
but  it  is  published  to  the  world  in  an  order  which  will  be 
read  throng])  the  country. 

I  have  felt  it  to  be  my  duty,  not  only  as  a  minister  of  the 
Gospel,  but  as  a  good  citizen,  to  call  the  distinct  attention 
of  the  Government  to  this  matter,  and  ask  if  this  order  is 
not  in  accordance  with  the  Constitution,  laws,  and  usages  of 
the  United  States,  that  such  steps  may  be  taken  as  shall  be 
necessary  to  correct  it  In  the  meantime  I  design  torender 
implicit  obedience  to  all  these  orders,  for  while  I  cannot 
admit  that  my  ministerial  office,  or  the  government  and 
worship  of  the  church,  is  under  the  direction  of  the  civil  or 
military  authorities,  yet  1  f:-el  it  my  duty  to  set  an  example 
of  obedience,  and  to  wait  the  correction  which  1  feel  con 
vinced  will  be  made  by  those  having  the  \iltimate  decision 
of  the  matter.  Anil  it  is,  in  my  esteem,  a  happy  circum 
stance  that  I  find  in  the  legal  adviser  of  the  Government 
•.me,  who,  at  the  same  time,  is  so  w«ll  acquainted  with  the 
nistory  and  constitution  of  the  church  in  which  I  am  a  min 
ister. 

I  have  said  nothing  of  what  I  consider  the  cruel  per- 
K'Mi.i  I  wrong  which  is  done  to  me  by  this  order.  It  can  be 
considered  as  nothing  less  than  an  official  endorsement  of  a 
.etter  which  appears  in  the  St.  Louis  Democrat,  (news 
paper)  Dec.  lo,  1862,  signed  by  the  three  individuals  to 
whom  Gen.  Curtis  hands  over  the  church  to  which  I  min 
ister,  which  letter  I  regard  as  a  most  shameless  and  false 
assault  upon  ray  character,  so  that  if  this  order  is  permitted 
to  remain,  the  whole  influence  of  the  Government,  to  which 
1  have  a  right  to  look  for  protection,  sends  me  out  branded 
with  crimes  which  I  contemplate,  with  horror,  and  which  I 
indignantly  deny  that  I  have  committed. 

The  only  olTence,  if  offence  it  be,  which  malice  itself  can 
charge  against  me,  is,  that  being  a  minister  of  the  Gospel, 
I  have  iiimed  to  stand  aloof,  not  only  in  public,  but  in  pri 
vate,  from  the  exciting  discussions  of  these  unh'ippy  times, 
iind  to  devote  all  my  energies  to  the  distinctive  duties  of  my 
calling.  But  while  this  has  been  the  course  which  T  have 
thought  proper  and  becoming  me  as  a  man  set  apart  by  the 
church  of  God,  to  deal  with  men  about  their  highest  inter 
ests,  I  have  at  the  same  time,  not  forgotten  my  duty  as  a 
citizen.  In  a  formal  paper  read  before  the  General  Assem 
bly  of  the  Presbyterian  chuivh,  and  which  is  upon  its 
records,  and  was  published  through  the  country,  I  declared 
"  that  true  allegiance  and  lawful  subjection  and  obedience 
to  the  civil  Government,  ns  an  ordinance  of  God,  are  among 
the,  highest  duties  of  religion,"  and  more  recently  still,  in 
the  public  prints  and  over  my  own  signature,  I  declared 
that  '•  as  a  citizen,  I  hold  it  to  be  a  most  important  and  in 
dispensable  part  of  my  duty  to  God,  to  obey  law,  to  submit 
to  the  authorities,  to'pray  for  them,  to  render  them  the 
hono  s  due  their  several  stations,  and  to  promote  pe.ice  and 
quietness,"  and  what  is  more,  I  have  not  only  taught  this 
in  Words,  but  bv  mi/  t!xuiii/i/e,  1  have  declared  t  lie  same 
thing,  by  the  quiet  'hut  unhesitating  manner  in  which  I 
have  g  ne  forward  in  the  discharge  of  every  civil  duty  en 
joined  U;M>U  mo  either  by  the  word  of  God  or  by  the  laws 
of  the  land,  and  especially  by  voluntarily  takingthe  follow 
ing  o.ith,  enjoined  by  tiie  State  Convention  of  Missouri, 
June  ]0ih,  1S»>2,  upon  those  who  soU'inni/.e  the  right  of 
laatriaioiiv.  [  Here  the  oath  was  inserted.] 

But.  \\hih:  I  led  that  it  is  hard  for  a  course  like  this,  that 
I  should  lie  driven  as  a  criminal  from  my  home  into  a  cli 
mate  unfriendly  to  my  impaired  health,  and  among  stran 
gers  who  arc  by  an  official  paper  warned  to  suspect  me,  I 
KIV,  wh  1  I  feel  all  this  to  be  a  great  wrong,  f  do  lint  come 
I  'mill. :•  ,:i  n  i"  r  mud  l>l<U.  If  the  good  of  the  State  requires 
l.iat  a<;u>t  ami  peaceful  family  should  be  banished,  that  an 
vni"«-.-!it  man  should  be  tfea'ed  as  a  criminal,  let  it  bo  done. 
The  man  is  not  worthy  the  name  of  a  man  who  is  not  wil- 
lii.g  to  suffer  wen  wrongfully  for  the  public  good.  I  come 


I  to  ask  that  the  church  may  be  left  to  her  liberty,  that  th* 
i  military  authorises  be  not  permitted  to  judge  and  decide 
|  between  me  and  the  members  of  my  church,  upon  purely 
ecclesiastical  questions:  that  they  be  not  permitted  to  as 
sume  authority  over  the   government  and  worship  of  the 
Presbyterian  church. 

Let  this  be  done  and  I  am  prepared  to  show,  by  patient 
endurance,  the  kind  and  degree  of  obedience,  which,  as  a 
Christian  citizen,  I  am  ready  to  render  to  the  •'  pawers  that 
be/' 

As  for  the  rest,  I  shall  calmly  but  confidently  leave  my 
character  and  my  innocency  to  be  vindicated  by  tint  Divine 
Providence  he ''ore  whom  even  a  sparrow  does  not  fall  unob 
served,  and  who  can  make  all  things  work  together  for 
his  people's  good. 

What  is  proper  to  be  done  in  this  matter  is  not  for  me  to 
decide,  but  I  most  earnestly  and  respectfully  request  that 
the  subject  may  receive  such  attention  «s  is  proper. 

The  only  personal  request  I  make  is,  that  ii  the  sentence 
of  banishment  is  carried  out,  that  I  may  have  sufficient 
time  allowed  me  to  make  reasonable  preparation  for  my 
departure,  and  that  I  may  be  permitted  to  choose  what  lo 
cality  I  prefer  in  "  the  loyal  States,'1  or  to  go  to  a  foreign 
country,  if  I  shall  so  elect. 
Very  respectfully, 

SAMUEL  B.  McPHEETERS. 

MODIFICATION    OF  THE  ORDER. 

OFFICE  OF  THE  PROVOST  MARSHAL  GEN'L, 

DEPARTMENT  OF  TIIF.  MISSOURI, 

ST.  Louis,  Mo.,  Dec.  28,  1862. 
Rev.  S.  B.  McPHEETERS  and  WIFE  : 

The  order  mado  against  you  on  the  19th  of  December,  is 
modified  until  further  orders,  to  this  extent:  that  you  are 
not  required  to  leave  the  State. 

By  order  of  Major  General  Curtis  : 

F.  A.  DICK, 
Lieut.  Col.,  Provost  Marslial  General, 

LETTER  OF  THE  PRESIDENT  TO  GEN.   CURTIS. 

EXECUTIVF.  MANSION, 
WASHINGTON,  January  2, 1863. 

Major  General  CURTIS  : 

MY  DEAR  SIR  :  Yours  of  December  29th  by  the  hand  of 
Mr.  Strong  is  just  received.  The  day  I  telegraphed  you 
suspending  the  order  in  relation  to  Dr.  Mcl'hecters  he 
with  Mr.  Bates,  the  Attorney  General,  appeared  before  me 
and  left  with  me  a  copy  of  the  order  mentioned.  The  Dr. 
also  showed  me  the  copy  of  an  oath  which  IK*  said  he  had 
taken,  which  is  indeed  very  strong,  and  specific.  He  also 
verbally  assured  me  that  he  had  constantly  prayed  in 
church  for  the  President  and  Government,  as  he  had  al 
ways  done  before  the. present  war.  >In  looking  over  the 
recitals  in  your  order,  I  do  not  see  that  this  matter  of  the 
prayer,  as  he  states  it,  is  negatived:  nor  that  any  violation 
of  his  oath  is  charged,  nor  in  fact  that  anything  specific  is 
alleged  against  him.  The  charges  are  all  general,  that  he- 
has  a  rebel  wife,  and  rebel  relations,  that  he  sympathizes 
with  rebels,  and  that  he  exercises  rebel  influence. 

Now  after  talking  with  him,  I  tell  you  frankly,  I  believe 
he  does  sympathize  with  the  rebels;  but  the  question  re 
mains  whether  such  a  man  of  unquestioned  good  moral 
character,  who  has  taken  such  an  oath  as  he  has,  and  can 
not  even  be  charged  of  violating  it,  and  who  can  be  charged 
with  no  other  specific  act  or  omission,  can  with  safety  to 
this  government  be  exiled  upon  the  suspicion  of  his  secret 
sympathies.  But  I  agree  that  this  must  be  left  to  you  who 
are  on  the  spot ;  and  if,  after  nil,  you  think  the  public 
good  requires  his  removal,  my  suspension  of  the  order  is 
withdrawn,  only  with  this  qualification,  that  the  time 
during  the  suspension  is  not  to  be  counted  against  him.  I 
have  promised  him  this. 

But  I  must  add  that  the  United  States  Government  must 

not,  us   by   this  order,   undertake  to   run    the  churches. 

When  an  individual,  in  a  church  or  out   of  it,  becomes 

I  dangerous  to  the  public  interest,  lie  must  be  checked  :  but 

let  the  churches,  as  such,  take  care  of  themselves. 

It  will  not  do  for  the  United  States  to  appoint  Trustees, 
Supervisors,  or  other  agents  for  the  churches. 
Yours  very  truly. 

A.   LINCOLN. 

P.  S.— The  committee  composed  of  Messrs.  Yeatman  and 
Filley,  (Mr.  Broadhead  not  attending,)  has  presented  your 
letter  and  the  memorial  of  sundry  citizens.  On  the  wholo 
subject  embraced,  exercise  your  best  judgment,  with  a  sole 
view  to  the  public  interest,  and  I  will  not  interfere  with 
out  hearing  you. 

A.   LINCOLN. 

January  3, 1863. 


APPENDIX. 


535 


LETTER    FROM    GEN.    CURTIS    TO    DR.  M  PHEETER8 

HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 

ST.  Louis,  March  2SM,  1863. 
Rev.  S.  B.  McPiiKfiTERS.  St.  Limis: 

Restraint  having  be"n  imposed  on  your  exercise  of  public 
unctions  because  of  supposed  disloyalty,  some  of  your 
riemls  have  traversed  the  fact  of  your  being  disloyal,  and 
desire  my  pers  >nal  intervention.  With  a  view  of  ascer 
taining  your  sentiments,  I  submit  to  you  the  following  in- 
terivg.itories  1  r  your  answer: 

1st,  Do  you  wish  the  rebellion  crushed,  and  are  you  in 
favor  of  the  restoration  of  the  national  authority  over  all 
our  territory? 

2d,  in  the  conflict  of  war  now  existing  do  you  desire  the 
success  of  the  federal  and  the  defeat  of  the  rebel  forces? 

1  have  tiie  honor  to  be,  sir,  very  respectfully,  your  obe 
dient  servant, 

S.  R.  CURTIS, 
Major  Ventral. 

These  questions.  Dr.  McPheeters  declined  to 
answer  for  reasons  given  below  : 

REPLY    OF    DR.    M'PIIEETERS. 

ST.  Louis,  March  31, 1863. 
To  Major  General  CURTIS, 

Commanding  tai  Department  of  the  Missouri: 

GENERAL:  I  have  the  honor  of  acknowledging  the  re 
ceipt  of  your  favor  of  the  28th  'instant,  the  Sabbath 
intervening  between  its  date  and  reception. 

Allow  me,  General,  to  express  my  thanks  for  the  kind 
manner  in  which  you  received  and  heard  certain  friends  of 
mine,  and  lor  your  further  kindness  in  reviewing  your 
decision  in  my  case. 

Under  other  circumstances  than  those  in  which  I  find 
myself  placed,  it  might  be  proper  and  becoming  in  me  to 
express  ireely  and  fully,  both  my  desires  and  opinions,  as 
lar  as  I  have  desire  or  have  formed  opinions  in  relation  to  our 
sad  national  calamities;  but  the  position  in  which  my 
seemingly  hard  fate  has  placed  me  is  peculiar  and  embar 
rassing,  and  my  answer  to  your  interrogatories  must  be 
determined  in  view  of  all  the  circumstances  surrounding 
me  and  my  conviction  of  duty.  I  do  not  mean  that  I  have 
or  that  any  citizen  ought  to  have  any  difficulty  in  acknowl 
edging  his  allegiance.  Certainly  no  such  difficulty  is  in 
my  way.  When  in  the  General  Assembly  of  my  churcli  it 
was  charged  that  I  was  "disloyal,"  defining  that  word  ac 
cording  to  the  standard  authorities,  I  promptly  and 
thoroughly  repelled  the  charge  before  the  whole  country: 
and  when  the  Convention  of  this  State,  by  ordinance,  re 
quired  a  most  carefully  prepared  oath  of  allegiance  to  be 
taken  by  those  who  solemnize  the  rites  of  matrimony,  in 
obedience  to  the  teachings  of  my  churcli  on  that  particular 
matter,  (liireclory  of  Worship,  chap.  xi.  g  1.)  and  from  a 
e-.'iise  of  duty,  I  voluntarily  subscribed  and  filed  it,  as  re 
quired  And  in  this  connection  allow  me  to  say,  that  one 
of  the  things  which  I  have  found  it  hardest  to  bear  in  the 
course  oi  the  authorities  toward  me,  is  that  I  have  not  only 
been  treated  as  if  I  had  taken  that  oath  without  honor  of 
conscience,  but  whatever  influence  my  office  or  character 
give  me,  is  made  to  encourage  and  sustain  those  who  are 
shaking  the  very  foundation  of  all  society  by  denying  the 
solemn  and  binding  obligations  of  an  oath.  But  I  forbear. 
I  have  said  so  much  as  due  to  myself  and  to  my  friends 
who  have  interposed  in  my  behalf. 

As  to  the  particular  interrogatories  propounded,  they  are 
of  the  same  import  as  those  which  certain  members  of  my 
churcli  ;aid  congregation  demanded  that  I  should  answer. 
I  denied  their  right  to  require  me  to  give  any  answer  to 
sT.ch  questions,  and  in  doing  so  used  this  language:  "  And 
this  position  1  take,  not  from  any  disposition  to  stand  out 
captiously  upon  an  abstract  question  of  right,  nor  from 
any  disposition  improperly  to  conceal  my  views  on  political 
questions,  but  from  a  conscientious  conviction  that  I  cannot 
yield  the  thing  you  claim  without,  to  the  full  extent  of  my 
example,  compromising  the  rights  of  every  minister,  and 
endangering  the  peace  of  all  the  churches."  When  I  re 
fused  to  answer  the  questions  of  the  members  of  my  church, 
they  made  appeal  to  the  public,  and  directly  or  indirectly 
to  the  military  authorities;  the  result  was  that  Military 
Order  No.  lf>2  was  made  and  issued,  which,  for  my  silence 
and  lofusal  to  answer  these  gentlemen,  banished  me  from  my 
pulpit,  and,  as  originally  made,  from  the  State.  This  order 
is,  in  express  terms  on  its  face,  based  on  my  position  above 
quoted,  taken  with  these  members  of  my  church. 

If  I  was  right  then,  it  cannot  now   be  proper  that  I 
should  give  an  answer  which  I  then  declined  on  principle, 
a  principle  on  the  maintenance  of  which  I  then  and  now 
believe  depends  in  a  great  degree  the  p',-ace,  the  purity  and 
the  spiritual  power  of  the  church.     I  do  not  expect  you,  , 
General,  to  see  all  the  consequences  of  the  precedent  which  I 
my  answer  to  the  questions  proposed  would  establish,  as  I  | 


1  think  I  see  them.  But  this  I  think  I  have  a  right  to  ex 
pect,  that  you  will  see  that,  believing  as  I  do,  I  cannot 
answer  the  questions  which  you  propound,  nnu'er  the  cir- 
cuHistunce.s  in  vhich  the-/  are  propounded,  without  abandon 
ing  my  religious  convictions  and  wounding  my  conscience. 
I  dare  not,  then,  whatever  be  the  consequences  to  me  per 
sonally,  make  such  a  reply  to  your  letter  as  you  probably 
expected. 

But  I  trust  I  have  paid  enough  to  satisfy  you  that  all 
charges  of  disloyalty  against  me  are  without  foundation.' 
In  this  connection  I  may  be  pardoned  for  quoting  from 
your  "  Circular  k-tter"  denning  loyalty.  You  say :  •'  I'nma 
facie,  an  oath  of  allegiance  is  evidence  of  loyalty,  and  when 
men  have  taken  upon  themselves  such  obligations,  and 
have  lived  and  acted  consistently  with  them,  they  should 
be  regarded  as  loyal.''  I  have  taken  the  oath  voluntarily 
and  conscientiously ;  I  have  lived  in  consistency  with  it; 
your  own  words  declare  the  rest,  I  ''should  be  regarded  as 
loyal.''  Under  your  order,  and  with  any  construction  that 
can  be  put  upon  it,  I  would  be  allowed  to  buy  and  sell,  to 
practice  medicine  or  to  plead  law.  Why  not  to  preach  the 
gospel ? 

But  I  will  not  weary  your  patience.    I  have  not  believed 
that  in  anything  that   has  occurred,  you.  have  designed  to 
do  me  injustice,  and  I  hope  that  you  will  see  your  way 
clear  to  remove  the  hindrances  to  my  returning  to  my 
work  and  calling.    In  any  event,  I  shall  try  and  so  live  and 
act,  that  those  who  know  me  will  be  constrained  to  confess 
that  I  am  uot  a  bad,  much  less  a  dangerous  citizen. 
I  have  the  honor  to  be,  General, 
Your  obedient  servant, 

SAML.  B.  McPIiEETERS. 

LETTER  OF  DR.    M'PHEETERS    TO    MAJOR    GENERAL 
SCHOPIELD. 

ST.  Louis,  June,  2, 1863. 
To  Major  General  SCHOFIELD, 

Commanding  the  Department  of  the  Missouri: 

GENERAL  :  The  Presbytery  of  St.  Louis,  of  which  I  am  a 
member,  stands  adjourned  to  meet  in  this  city  on  to-morrow 
to  hear  and  consider  certain  matters  in  relation  to  the 
Churcli  of  which  I  am  the  pastor.  The  matters  that  will 
be  then  discussed  are  of  deep  personal  interest  to  me. 
Special  Order  No.  152,  issued  on  the  19th  of  December, 
Ib62,  prohibits  my  exercising  the  functions  of  my  office  in 
the  State  of  Missouri  during  the  present  war.  One  of  the 
functions  of  my  office,  as  a  minister  of  the  Gospel,  is  to  sit 
in  ecclesiastical  courts,  and  my  object  in  addressing  yon  is 
respectfully  to  request  that  under  the  circumstances  which 
1  have  stated,  you  will  so  far  suspend  Order  No.  152  as  not 
to  hold  me  guilty  of  its  violation  if  I  attend  this  meeting 
of  my  Church  court  and  participate  in  its  deliberations. 

I  deem  it  but  proper  to  say  that  when  Presbytery  held 
its  meeting  in  this  city  on  the  15th  of  last  month  lor  the 
same  purpose,  that  I  made  a  verbal  request  through  Briga 
dier  General  Edwards  of  General  Curtis  to  be  allowed  to 
sit  in  Presbytery  without  offence  to  the  military  authorities, 
and  it  was  not  granted.  This  I  felt  to  be  hard,  as  my  only 
object  in  asking  a  temporary  suspension  of  the  order  was 
that  I  might  have  an  opportunity  to  defend  my  ministerial 
character  and  conduct  before  the  ecclesiastical  court  to 
which  I  am  amenable. 

I  have  the  honor  to  be,  General,  your  obedient  servant, 
SAMUEL  B.  McPIiEETERS. 

REPLY    OF    GENERAL    SCHOFIELD. 

HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 

ST.  Louis,  June  3, 1863. 
Rev.  SAMUEL  B.  MCPHEETERS  : 

SIR  :  I  am  directed  by  the  Major  General  commanding  to 
say  that  you  have  permission  to  attend  the  meeting  of  the 
Presbytery  of  St.  Louis  for  the  purpose  of  defending  your 
ministerial  character,  but  not  to  act  as  a  member  of  such 
body. 
I  am,  sir,  very  respecfully,  your  obedient  servant, 

A.  V.  COLBURN, 
A.  A.  G. 

LETTER    OF    DR.   M'PHEETERS    TO  GOV.  GAMBLE. 

ST.  Louis,  December  3,  1863. 
To  Governor  GAMBLE  : 

DEAR  SIR  :  AH  your  time  is  necessarily  occupied  by  your 
official  duties,  it  is  with  reluctance  that  I  trouble  you  with 
any  matters  relating  to  myself.  I  know,  too,  that  the  re 
moval  of  the  grievance  under  which  I  labor  is  not  immedi 
ately  in  your  hands.  What  I  wish  to  ask  of  you,  however, 
is  only  your  kind  offices  in  suggesting  any  tiling  that  it  may 
be  proper  fur  me  to  do,  and  any  assistance  in  the  premises 
which  you  may  be  disposed  to  give  me.  I  flatter  myself 
that  my  intercourse  with  you  in  years  paAt  has  left  the  im- 


536 


APPENDIX. 


pression  on  you  that  I  will  not  knowingly  make  any  state 
ment  whiclj  I  do  not  mj  self  believe  to  bo  true. 

Sly  case  is  thin :  On  the  19th  day  of  December,  1862,  a 
military  order  was  issued  containing  a  three-fold  sentence. 
1st.  Myself  mid  wife  were  to  be  banished  to  specified  limits 
in  the  Northern  States.  2d.  While  I  remained  in  Missouri 
1  was  prohibited  the  exercise  of  my  functions  as  a  minister 
«f  tlio  Gospel.  Gd.  My  Church  was  taken  from  the  control 
of  its  ecclesiastical  officers,  and  given  in  charge  of  a  com 
mission  who  are  directed  to  provide  a  preacher  and  conduct 
the  services.  By  a  subsequent  order,  dated  December  28, 
1662,  the  sentence  of  banishment  was  suspended.  By  a  third 
order,  dated  March  4,  the  control  of  my  Church  was  re 
turned  to  the  church  officers.  From  these  several  orders 
(copies  of  which  I  inclose,  marked  A,  B,  and  C)  it  will  be 
seen  that  the  only  part  of  the  original  '  rder  against  mo 
that  remains  in  force,  is  that  which  forbids  me  the  exerci.se 
of  my  distinctive  functions  as  a  minister  of  the  Gospel.  So 
true  is  this,  that  it  is  known  to  the  entire  community  that 
for  nearly  a  year  I  have  been  in  the  full  and  uninterrupted 
enjoyment  of  every  right  of  a  citizen,  except  my  ecclesias 
tical  and  religious  rights.  Refusing  to  receive  a  salary 
from  ray  congregation  for  services  I  was  prevented  from  ren 
dering.  I  have  been  forced  to  turn  to  secular  pursuits.  For 
many  months  past  I  have  found  employment  in  a  law  office. 
In  this  position  I  have  not  only  prepared,  but,  in  person, 
presented  and  passed  claims  before  a  commission  appointed 
by  the  President  of  the  United  States.  If  prepared,  I 
might  practice  law;  if  disposed,  I  might  publicly  lecture 
on  history,  art,  or  science.  I  have  voted  without  challenge 
or  objection.  In  short,  there  is  no  secular  calling  which  is 
not  as  open  to  me  as  to  any  other  citizen,  and  yet  it  would 
be  a  military  offence  for  me  to  preach  a  sermon,  to  admin 
ister  the  Lord's  Supper,  to  officiate  at  a  funeral,  or  to  sit  in 
an  Ecclesiastical  Court !  The  simple  naked  fact  is,  that  as 
matters  now  stand,  the  military  authorities  have  deposed 
me  from  the  Gospel  Ministry, and  this  is  the  only  grievance 
under  which  I  labor  and  from  which  I  seek  to  be  relieved. 
I  could  give  a  very  rational  explanation  of  this  strange,  not 
to  say  absurd  issue  of  my  case,  but  it  would  require  more 
space  than  I  thin!;  proper  to  occupy.  Suffice  it  to  say  that 
it  is  manifest  on  the  face  of  the  original  order  that  it  was 
no  part  of  the  purpose  of  the  military  authorities,  at  the  time 
the  order  was  issued,  to  prohibit  the  exercise  of  my  minis 
terial  functions  for  a  longer  time  than  the  ten  days  which 
w^ro  to  elapse  between  the  order  and  the  banishment.  When 
the  order  of  banishment  was  suspended  it  was  so  worded, 
however,  as  to  leave  the  ecclesiastical  sentence  in  force. 
And  there  matters  have  stood  to  this  time.  I  think  I  have 
a  i  ight  to  assume,  it  there  was  any  valid  ground  why  I 
should  have  been  punished,  that  it  would  have  come  to 
light  in  a  year,  and  I  am  confident  if  there  had  been  any 
evidence  against  me  I  would  not  have  been  permitted  to 
remain  i:i  the  State.  The  truth  is,  Governor,  that  the  origi 
nal  sentence;  was  hastily  issued  upon  the  representation  of 
one  or  two  misguided  and  prejudiced  men,  and  was  pro 
nounced  without  my  having  any  examination  or  trial  what- 
whatever.  This  1  liavo  always  regarded  r.s  hard  treatment. 
For  some  months  before  tho  order  was  issued,  hearing  that 
charges  and  insinu  itions  were  being  made  against  me  pri 
vately,  I  went  in  person  to  both  the  District  Provost  Mar 
shal  and  to  the  Provost  Marshal  General,  and  made  special 
request  that  ii'  charges  of  any  kind  were  prefc-rred  against 
me  that  1  might  have  a  hearing  before  sentence  was  passed. 
And  if  this,  as  it  seemed  to  me,  reasonable  request  had 
been  granted,  I  firmly  believe  that  no  order  would  ever 
have  been  issued.  It  is  most  certain  that  the  order  of  De 
cember  10  could  not  be  obtained  against  mo  now.  I  believe 
that  those  who  asked  and  procured  it  then,  would  not  ask 
it  to-day.  I  am  much  mistaken  if  they  are  glad  to-day  of 
what  they  did  a  year  ago. 

I  have  not,  up  to  this  time,  presented  my  case  to  the 
General  now  commanding  this  Department,  nor  asked  him 
to  review  it,  mainly  1'or  two  reasons: 

1st.  It  was  a  case  decided  by  his  predecessor. 

2d.  Friends  In  whose  judgment  I  relied,  thought  that  in 
the  condition  of  thingl  in  Missouri.it  was  better  for  me 
patiently  to  wait.  1  feel  that  I  have  now  waited  long 
enough,  and  I  think  something  should  be  done  in  my  case. 
I  am  the  only  minister,  of  any  denomination  in  tho  city, 
prohibited  by  the  military  authorities  from  preaching.  I 
appeal  to  you  us  one  acquainted  with  this  community,  and 
acquainted  with  me.  if  such  a  distinction  against  me  makes 
the  impression  upon  respectable  citizens  that  this  sentence 
is  just  and  right !  The  question  I  wish  to  submit  to  you  is, 
whutshouhlJ  do  to  bring  my  case  bctbre  the  pioper  au 
thorities  '!  If  the  sentence  can  be  removed  by  a  simple  re 
versal,  giving  no  reasons,  and  going  into  no  explanation,  I 
have  no  objection.  It  n  trial  is  necessary,  then  I  ask,  as  a 
mutter  of  justice,  that  it  may  be  full  and  searching,  and 
that  I  have  a  fair  opportunity  of  thoroughly  vindicating 
my  character  ami  conduct. 

Most  respectfully,  your  obedient  servant, 

SAML.  B.  McPHEETEBS. 


LETTER    OF    PRESIDENT  LINCOLN  TO  O.  D.    FILLET. 

EXECUTIVE  MANSION. 
WASHINGTON,  December'2.',  1868. 
0.  D.  FILLET,  Esq.,  St.  Louis.  Mo: 

I  have  just  looked  over  a  petition  signed  by  some  three 
dozen  criaen*  of  St.  Louis,  and  the  accompanying  letters, 
one  by  your.-elf,  one  by  a  Mr.  Nathan  Rannev.andone  by  a 
Mr.  John  D.  Coalter,  the  whole  relating  to  the  Rev.  Dr. 
Mcl'heeters.  The  petition  prays  in  the  name  of  justice 
and  mercy  that  I  will  restore  Dr..  McPheeters  to  all  hi? 
'•'•i -l'--i.istical  rights. 

This  gives  no  intimation  as  to  what  ecclepiasticnl  lights 
are  withheld.  Your  letter  state,;  ihat  Provost-Marshal 
Dick,  about  a  year  ago,  ordered  the  arrest  of  1  r.  McPhee 
tern,  Pastor  of  Pine  Street  Church,  prohibited  him  from 
officiating,  and  placed  the  management  of  the  aft*>irsof  the 
church  out  of  the  control  of  the  chosen  Trustees;  and  near 
the  close  you  state  that  a  certain  course  "  would  insure  his 
release."  Mr.  Ranney's  letter  says  :"  Dr.  Samuel  B.  Mc- 
Pheeters  is  enjoying  all  the  rights  of  a  civilinu,  but  cannot 
preach  the  gospel ! ! !  "  Mr  Coalter,  in  his  let  ter,  asks :  '•  Is 
it  not  u strange  illustration  of  the  condition  of  things,  that 
the  question  who  shall  be  allowed  to  preach  in  a  church  in 
St.  Louis  shall  be  decided  by  the  President  of  the  United 
States?" 

Now,  all  this  sounds  very  strangely;  and,  withal,  a  little 
as  if  you  gentlemen,  making  the  application,  do  not  un 
derstand  the  case  alike  ;  one  affirming  that  the  doctor  is 
enjoying  all  the  rights  of  a  civilian,  and  another  pointing 
out  to  me  what  will  secure  his  release.  On  the  2d  of  Jan 
uary  last,  I  wiote  to  General  Curtis  in  relation  to  Mr. 
Dick's  order  upon  Doctor  McPheeters;  and,  as  I  suppose, 
the  Doctor  is  enjoying  all  the  rights  of  a  civilian.  I  only 
quote  that  part  of  my  lei  ter  which  relates  to  the  Church. 
It  was  as  follows :  "But  1  must  add  that  the  United  States 
Government  must  not,  as  by  this  order,  undertake  to  run 
the  churches.  When  an  individual,  in  the  church  or  out  of 
it,  becomes  dangerous  to  the  public  interest,  lie  must  be 
checked;  but  the  churches,  as  such,  must  take  rare  of 
themselves.  It  will  not  do  for  the  United  States  t')  appoint 
Trustees,  Supervisors,  or  other  agents  for  the  churches." 

This  letter  going  to  General  Curtis,  then  in  command 
there,  I  supposed,  of  course,  it  was  obejed,  especially  ;;<«  1 
heard  no  further  complaint  from  Doctor  McPheeters  t,r  his 
friends  for  nearly  an  entire  jear.  I  have  never  interfered, 
nor  thought  of  interfering  as  to  who  shall  or  shall  not  preach 
in  any  church  ;  nor  have  I  knowingly  or  believingly  tolera 
ted  any  one  else  to  so  interfere  by  uiv  authority.  If  any 
one  is  so  interfering,  by  color  of  my  authority,  I  would  like 
to  have  it  specifically  made  known  to  me. 

If,  after  all,  what  i.s  now  sought,  is  to  have  me  put  Doc 
tor  M.  back  over  the  head  of  a  majority  of  his  own  con 
gregation,  that,  too,  will  be  declined.  I  will  not  have  con 
trol  of  any  church  on  any  side. 

Your?  respectfully, 

A.  LINCOLN. 

LETTER  OF    ATTORNEY-GENERAL    BATES    TO  DR. 

M'PHEETERS. 

WASHINGTON,  December  31, 1863. 
Rev.  SAMUEL  B.  MCPHEETERS,  D.  D.,  St.  Louis,  Mo.: 

REV.  AND  DEAR  SIB:  Governor  Gamble  transmitted  to  me 
(in  his  letter  of  December  21)  your  letter  to  him  of  Dec.  3, 
which  contains  a  lucid  statement  of  the  condition  in 
which  you  suppose  yourself  to  be  left,  by  the  various  mil 
itary  orders,  copies  of  which  accompanied  your  letter. 

Before  the  receipt  of  Gov.  Gamble's  letter  I  had  received 
a  petition  in  your  behalf,  addressed  to  the  President,  by 
some  twenty  or  more,  among  whom  I  recognize  some  of 
the  worthiest  men  in  St.  Louis.  That  petition,  with 
several  letters  of  individuals,  which  were  sent  with  it  I 
laid  before  the  President.  He  seemed  much  surprised  to 
find  that  you  were  still  laboring  under  any  clerical  or  pro 
fessional  disability,  in  consequence  of  those  ill  advised 
military  orders,  winch,  in  all  their  personal  and  civil  bear 
ings  had  been  superseded  long  ago.  And  he  answered  Mr. 
0.  D.  Filk-y  (who  wrote  one  of  the  letters,  above  referred 
to)  in  a  manner  which  ho  supposed,  would  end  the  qius- 
tion.  Again,  I  brought  the  matter  to  his  notice,  by  ex 
hibiting  the  d:)cumcnts  first  mentioned  in  this  letter.  The 
President,  in  substance,  answered  that  it  was  nlways  his 
wish  and  purpose  to  hold  individuals  responsible  for  their 
own  acts,  without  any  reference  to  tho  fact  that  they  hap 
pened  to  be  members  or  officers  of  particular  churches — 
that  the  fact  of  being  a  member  or  p  istor  of  a  church  was 
no  excuse  for  personal  misdemeanor.  But  that  he  never 
intended  to  assume  or  permit'  I>M  s'lboidinato  officers  to  as 
sume,  any  power  to  govern  or  control  the  churches,  or  in 
any  manner  to  determine  who  may  or  who  may  not  preach 
and  minister  in  them.  You  say  that  you  are  in  the  full 
fruition  of  your  civil  rights,  and  the  President  considers 
you  as  free  in  t-ie  enjoyment  of  your  ecclesiastical  rights. 


APPENDIX. 


537 


I  write  this  with  the  express  permission  of  the  Presiden 
arid  I  presume  to  advise  that  you  quietly  resume  th 
exercise  of  all  the  rights,  duties,  ami  functions  of  you 
office,  as  if  no  interruption  had  occurred. 

I  remain  with  great  respect,  your  friend  and  servant, 
EDWARD  BATES. 
THE    CHARGE    OF    THE    CHURCH    EDIFICE. 

Upon  the  issue  of  the  order  of  Decembe 
19,  1862,  the  session,  (Elders  John  Whitehill 
William  T.  Wood,  Alexander  Marshall,  David 
K.  Ferguson,  and  William  W.  Greene,  present 
and  Martin  Simpson,  and  George  P.  Strong 
and  the  Pastor,  absent )  at  its  meeting,  Dec.  20, 
1862,  passed  these  resolutions  unanimously  : 

1.  By  tho  standards  and  Constitution  of  the  Presbyterian 
Church,  the  government  ;md  discipline  of  the  Church  is  ir 
the  Session  of  the  Church,  composed  of  the  Pastor  anc 
Elder*,  chosen  and  elected  by  the  people;  and  the  Sessioi 
only  has.  or  cnn  ha/e,  the  rightful  custody  and  control  o 
the  church  edifice,  and  books  and  papers  of  the  Church. 

2.  The  Constitution  of  the  Church  provides  for  the  se 
lection  of  Pastors  and  Ministers,  and  only  in  the   modes 
provided  can  a  Pastor  or  Minister  ho  appointed,  or  elected, 
for  any  church  or  congregation.     All  power  and  control  in 
the  select  on  of  Pastors  and  Ministers,  is  by  our  Constitu 
tion  denied  to  the  civil  or  other  government,  or  other  hu 
man  power  outside  of  the  Church. 

3.  As  members  of  this  Session,  we  are  under  solemn 
vows  to  ober  and  maintain  the  Constitution  of  the  Presby- 
teri-in  Church,  and  whilst  wo  yield  obedience  to  said  rniii 
tary  order,  and  surrender,  so  far  as  we  have  possession  and 
custody,  our  ch'.irch  edifice,  books  and  papers,  to  the  con 
trol  of  tin-  individuals  indicated,  to  wit:  George  P.  Strong, 
James  M   Corbitt  and  John  M.  Ferguson,  a  sense  of  duty 
constrains  us  to  record  our  convictions,  that  the  necessary 
effect  of  the  order  is  to  suspend,  while  the  order  is  in  force, 
orsrani/.ed  church  action. 

4.  We  earnestly  urge  and  entreat  all  the  members  the  of 
Church  not  to  suffer  this  sore  affliction  to  scatter  our  little 
flock,  but   fo  maintain  steadfastly  their  present  re' ations 
with  Pine  Street  Church,  and  in  faith  and  trust  and  Chris. 
tian  patience,  await  the  return  of  the  day  when  in  God's 
providence,  the  possession  and  control  of  our  church  edi 
fice,  and  the  government  and  discipline  of   the  Church, 
shall  be  restored  to  us,  to  be  used  and  exercised  in  accord 
ance  with  the  Constitution  and  Standards  of  the  Presbyte 
rian  Church. 

o.  We  know  noton  what  evidence  the  military  authority 
acted,  as  their  order  affects  our  Pastor,  the  Rev^  Samuel  B. 
McPheotcrs,  and  intend  no  impeachment  of  their  action  ; 
but  adhering  to  our  Pastor  us  we  do,  and  as  our  solemn 
vows  require  of  us,  a  sense  of  duty  impels  us  to  bear ,  our 
testimony  to  his  rare  talents  and  efficienry  as  a  minister 
and  to  his  faithfulness  as  a  Pastor.  We  have  been  on 
terms  of  most  familiar  intercourse  with  him.  We  believe 
more  than  four-fifths  of  the  church  and  congregation 
would  unite  with  us  in  this  utterance.  We  commend  him 
to  the  sympathy  and  affection  of  God's  people,  wherever  he 
may  go  or  sojourn  in  his  involuntary  wanderings  from  the 
people  of  his  charge,  whom  he  so  much  loves. 

6.  We  have  no  purpose  in  these  resolutions  to  criticise 
the  order  of  the  military,  referred  to;  our  only  aim  has 
teen  to  declare  our  views  of  our  powers  and  duty  as  a 
church  session  in  the  circumstances  that  surround  us. 

REVOCATION    OF    THE    ORDER. 

HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI 
OFFICE  OF  THE  PROVOST  MARSHAL  GEN'L, 

ST.  Louis,  March  4,  1863. 
Special  Order  No.  25.] 

Special  Order  No.  152,  paragraph  II,  of  date  of  19th  De 
cember,  1802,  relating  to  the  Pine  Street  Presbyterian 
Church,  is  hereby  further  modified  as  follows: 

It  appearing  that  Messrs.  Strong,  Corbitt,  and  Ferguson 
have  not  taken  charge  *»f  the  church  edince,  books  and 
papers,  so  much  of  said  order  as  directed   them  so  to  do  is 
now  rescinded. 
By  command  of  Maj.  Gen.  S.  II.  Curtis. 

F.  A.  DICK, 
Lt.  Col.  and  Provost  Marshal  General. 

The  case  of  Dr.  McPheeters  was  before  the 
last  General  Assembly  of  the  (Old  School) 
Presbyterian  Church,  on  an  appeal.  A  body 
claiming  to  be  the  Presbytery  of  St.  Louis  dis 
solved  the  pastoral  relation  between  Dr.  Me 
Pbeeiers  ami  the  Pine  Street  congrcga  ion,  and 
on  his  re. uming  service,  requested  him  to  de 


sist.  The  Assembly  refused  to  sustain  the 
complaint  of  Dr.  McPheeters,  4*7  voting  to  sus 
tain,  2  to  sustain  in  part,  117  not  to  sustain, 
and  1  excused  from  voting. 


THE  ANDERSON  CASE. 

COURT    MARTIAL    AND     SENTENCE    OF    S.   J.  P.    AN 
DERSON,   D.    D. 

Before  a  military  commission  which  convened  at  St 
Louis,  Missouri,  pursuant  to  Special  Orders  No.  97  series  of 
1803,  from  Headquarters  St.  Louis  District,  and  of  which 
Colonel  John  F.  Tyler,  1st  regiment  of  Infantry,  M.  S  M 
is  President,  was  arraigned  and  tried  Rev.  S.  J  P  Ander 
son,  citizen  of  St.  Louis,  Missouri,  on  the  following  char-0 
and  specifications: 

Charge.— Disloyalty  to  the  Federal  Government. 
First  Specification.— Uttering  disloyal  expressions,  and 
expressions  of  hostility  to  the  Government  of  the  United 
States,  and  manifesting  sympathy  with  rebels  and  their 
cause.  In  that,  he  has  asserted  and  maintained,  avowed 
and  admitted,  that  rebellion  is  not  a  sin;  that  the  ^outh  is 
right;  that  the  war  against  the  rebellion  is  wrong  and  un 
warrantable;  that  the  South  is  justified  in  its  course,  and 
that  it  cannot  be  subdued  by  Federal  arms ;  using,  also 
other  language  and  expressions  of  similar  import  and  ten 
dency. 

S:'.c-md  Specification.— In  that  he  has  openly  justified  the 
attack  on  and  capture  of  Fort  Sumter,  in  April  1861  and 
at  sundry  times  prior  to  June  1,  1863. 

Third  Specification.— In  that  he  did,  at  his  residence  at 
St.  Louis,  display,  or  permit  to  be  displayed  from  his  house 
the  rebel  colors,  and  erect,  or  permitted  to  be  erected,  or  to 
be  continued  on  his  premises,  a  mound  or  miniature  fort  or 
fortification  designated  as  '•  Fort  Sumter,"  and  bearing  the 
rebel  flag  a  considerable  time  in  the  spring  of  1861.  ' 

Fourth  Specification.— In  that  he  denounced  the  capture 
of  Camp  Jackson  by  the  Federal  forces  as  a  violent  outrage 
on  the  sovereignty  of  the  State. 

Fifth  Specification.— Having  openly  approved  of  the  fir- 
ng  on  United  States  soldiers  in  the  streets  of  St  Louis  on 
or  about  tho  llth  and  13th  days  of  May,  1SG1,  and  denounced 
these  soldiers  as  "home  butchers,''  "murderers,"  and  words 
of  like  import. 

Sixth  Specification.— Evincing  pleasure  and  gratification 
n  rebel  successes  and  Federal  reverses,  thus  signifying  his 
approval  of  the  rebellion. 

Seventh  Spevficatim.— Openly  stating  and  avowing  that 
the  war  against  the  rebels  is  wrong  and  unwarrantable, 
ind  that  he  could  not  pray  for  its  success  on  the  national 
'ast  day  of  September  3U,  1861. 

Eirjldh  Specification.— At  a  meeting  of  several  clergymen, 
leld  in  the  city  of  St.  Louis,  to  concert  a  union  of  their 
several  churches  in  the  observance  of  a  national  fast  day, 
appointed  by  tho  President  of  the  United  Statesfor  theoOth 
Jay  of  September,  1861,  he  conditioned  his  joining  in  such 
)bservance  on  this,  that  the  success  of  the  Federal  arms 
ihould  not  be  prayed  for,  and  he  refused  to  join  in  such  ob 
servance  of  a  fast  day  because  his  conditions  were  rejected 

Ninth  Specification.—'?}^  on  and  after  a  meeting 'of  the 
Church  Extension  Board  <.f  the  so-called  Old  School  Pres- 
jyterian  Church  in  tho  city  of  St.  Louis,  in  conversation 
argued  and  spoke  in  favor  of  the  rebel  cause,  and  against 
he  efforts  of  the  Government  of  the  United  States  to  put 
town  the  rebellion,  averring  that  the  South  was  in  the 
•ight,  and  could  not  and  ought  not  to  be  conquered. 

Tenth  Specification.— That,  as  a  clergyman  and  a  pastor, 
le  has  openly  cast  his  influence  in  favor  of  the  rebel- 
ion  and  against  the  Government  of  the  United  States,  by 
lis  public  and  private  conduct,  language  and  demeanor,  iii 
his  wise — that  he  has  averred  the  South  to  be  right,  and 
he  Government  of  the  United  States  to  be  wrong,  iri  the 
(resent  conflict,  and  that  rebellion  is  not  a  sin ;  that  it 
ould  not  be  put  down  by  the  Government  of  the  United 
states;  that  it  ought  to  succeed  and  would  succeed :  and 
hat  loyalty  had  nothing  to  do  with  the  qualification  for 
iiembership  in  the  church,  Synod,  and  other  religious 
•odies. 

El-venth  Specification.— In  that  he  had  arms  concealed 
i  his  house  for  the  purpose  of  resisting  the  Federal  troops 
nown  as  Home  Guards,  and  which  were  designated  by 
mi  as  "Dutch  rule/' and  also  saying  that  he  would  use 
heso  arms  it  his  liberties  were  attempted  to  be  interfered 
vith  by  them,  and  using  words  of  like  import,  intimating 
hat  he  intended  resistance  to  military  law. 
The  Commission,  after  mature  deliberation  and  r*flec- 
ion,have  found  tho  prisoner  guilty  of  all  the  above  speciti- 
iitions,  and  also  the  charge,  and  have  therefore  sentenced 
mi  to  be  sent  south  of  the  lines  of  the  Federal  army  at  as 
-irly  a  day  us  practicable. 

'I  he  proceedings  have  been  disapproved  by  the  Command- 
ig  General,  on  account  of  a  defect  in  the  orders  convenin"- 


538 


APPENDIX. 


the  Commission.    The  number  of  members  in  this  case  wa*. 
reduced  below  iho  minimum  proscribed  in  paragraph  2,  ii 
Genera)  Orders  No.  1,  series  of  1862,  from  these  headquar 
ters. 
The  proceedings  are  therefore  inoperative  and  void. 

ORDER     RESPECTING     RELIGIOUS 
CONVOCATIONS. 

HEADQUARTERS  J)EPARTMK.\T  OF  THE  MISSOURI, 

ST.  Louis,  Mo.,  March  ft,  1864. 

COLONEI.  :  In  the  opinion  of  the  General  Commanding,  thi 
interests  of  the  country  require  that  due  protection  shouk 
bo  given  within  the  limits  of  this  department  to  religious 
-convocations,  and  other  religious  assemblages  of  persons 
whoso  function  it  is  to  teach  religion  and  morality  to  th< 
people.  But  at  the  present  time  he  deems  it  expedient  thai 
the  members  of  such  assemblages  should  be  required  to 
give  satisfactory  evidence  of  their  loyalty  to  the  Govern 
ineut  of  the  UniteJ  States  as  a  condition  precedent  to  such 
privilege  of  assemblage  and  protection. 

The  Major  General   Commanding  desires  that  you   take 
such  st  -ps  as  iu  your  judgment  will  best  secure  these  ob 
jects. 
I  am,  Colonel,  very  respectfully,  your  obedient  servant 

0.  D.  GREEN, 
Assistant  Adjutant  General. 

To  Col.  J.  P.  SAVDKUsax,  Provost  Marshal  General,  Depart 
ment  of  Missouri. 

EXPLANATORY  LETTER    FROM    GEN.  ROSECRANS. 
HEADQUARTERS  DEP'T  OF  THE  MISSOURI, 

ST.  Louis,  Mo.,  April  29,1864. 

DEAR  SIR  :  Assured  by  your  letter  of  the  25th  that  the 
members  of  the  Presbytery,  which  were  to  have  met  at 
Buu.icville,  are  loyal,  ]  am  quite  satisfied  that  nothing  but  a 
proper  understanding  of  the  origin  and  purposes  of  the  or 
der  is  necessary  to  cause  it  to  meet  their  hearty  approval. 

My  respect  for  your  body,  aod  for  the  principles  of  re- 
hg,ous  freedom,  require  thatl  should  give  an  explanation  to 
you  and  the  religious  public. 

Loyal  church  members,  both  lay  and  clerical,  called  my 
attention  to  the  fact  that  many  assemblages  of  ministers 
and  teachers  of  mligioa  of  various  denominations  were  to 
convene  during  the  spring  and  summer,  in  which  would 
donbtiess  be  many  persons  oponly  and  avowedly  hostile 
to  the  National  and  Slat;)  Governments ;  that  iu  one  most  of 
them  would  be  open  cuernies  to  tho  Union.  They  also 
prayed  me  to  take  such  measures  as  that  those  assem 
blages  should  ubt  be  used  to  concoct  treason  or  injure  the 
national  cause. 

What  was  to  be  done?  If  all  who  claim  to  meet  for  reli 
gious  purposes  can  do  so  without  question,  a  convocation 
from  Price's  army,  under  the  garb  of  religion, may  assem 
ble  with  impunity  and  plot  treason  in  our  midst. 

If,  on  the  contrary,  religious  assemblies,  really  such,  are 
scrutinized  with  the  same  freedom  as  political  meetings  of 
unknown  and  doubtful  character,  not  only  would  it  be  ne- 
ces.sa:  y  to  inquire  into  the  ministerial  character  of  its  mem- 
burs,  but  their  public  and  private  proceedings  must  bo  so 
watched  that  treason  could  not  be  perpetrated  Without  de 
tection  and  punish  incut,  which  would  occasion  a  most  irk 
some  interference  with  personal  privacy  and  the  freedom 
of  religious  action. 

As  tho  General  commanding  this  department,  my  duty  to 
tho  country  and  the  people  of  the  State  required  me  to  pro 
tect  them  from  the  machinations  of  enemies,  who,  under 
the  cover  of  the  freedom  of  religion,  should  attempt  to  con 
ceal  plans  and  counsels  opposed  to  tho  interests,  peace,  and 
safety  of  tho  State  and  the  nation,  while,  as  a  Christian.  I 
felt  bound  to  secure  religion  from  the  danger  and  disgrace 
of  bi'iug  used  as  the  cloak  of  malice,  and  its  freedom  from 
a  surveillance  freely  exorcised  over  political  meetings. 

To  ful Ql  these  duties  the  Provost  Marshal  General  was 
instructed  as  follows  :  [See  order  above.] 

Upon  these  instructions  tho  Provost  Marshal  General  is- 
eued  tho  orders  to  which  your  letter  alludes 

In  that  order,  as  now  enforced,  he  protects  those  meet 
ings,  and  dispenses  with  surveillance  of  the  members  or 
proceed  ings,  on  the  simple  and  easy  conditions  that  the 
members  will,  individually,  assure  him  of  their  loyalty  in 
either  one  of  the  following  ways  : 

First.  By  certi'.'yiug  on  honor  that  they  have  sworn  to 
support  the  Constitution  and  Government  of  the  United 
StuU'fj,  an  1  provisional  government  of  this  State,  as  re 
quired  by  tho  laws  thetoof,  to  enable  ministers  to  solem- 
ni;'>:.!  marriage,  each  at  tue  time  and  place  set  oppos'te  to 
in*  name.  <).-, 

S.'C"ii:l.  Hy  taking  an  oath  of  the  form  prescribed  in 
Unit  order. 

]  am  q".ito  sure  that,  upon  propo.-  undcrstan  ling  an  1  re- 
11  ctioii,  i ho  friends  ol  religion  and  its  freedom  will  thank 
mo  as  much  as  do  tin-  friends  of  the  Union  for  this  order. 


I  regret  to  say  that,  while  I  havo  abundant  evidence  of 
their  satisfaction,  I  know  of  very  few  who  have  conv>i;i,iH-d 
of  it  who  have  boon  remarkable  for  loyalty.  Most  <.fi horn 
have  been  remarkable  for  their  sympathy  with  the  rebtf- 
lion,  and  now  live  in  our  midst  croaking,  lirult-flndisig,  and 
even  rejoicing  in  the  nation's  struggles  and  reverses,  like 
the  impious  son  of  Noah,  who  uucovorcd  and  mocked  at 
the  nakedness  of  his  father. 

It  is  very  easy  to  see  that  such  persons  injure  tho  cause 
of  religious  freedom, as  they  do  that  of  the  country. 

From  what  has  been  said,  it  is  manifest  that  the  order 
while  providing  against  public  danger,  protects  the  freedom 
and  purity  of  religion,  on  the  one  hand,  from  disgraceful 
complicity  with  treason,  and,  on  the  other,  from  an  irk 
some  surveillance,  which  would  otherwise  become  neces 
sary  in  time  of  public  danger. 

W.  S.  RO'ECRAXS. 

Major  General. 
To  the  Rev.  J.  B.  FIXLEY,  Slated  Clerk,  Watcketter  C<-U*ae 

Fulton,  Missouri. 

THE  DEPARTMENT  OF  MISSISSIPPI. 
1864,  June  18— Col.  B.  G.  Farrar,  command 
ing  at  Natchez,  issued  this  order  : 

ORDER    OF    COL.    B.    G.    FARRAR. 
HEADQUARTERS  U.  S.  FORCES, 

NATCHEZ,  Miss.,  June  18,  186L 
[SPECIAL  ORDER,  No.  31.] 

Extract. 

II.  The  Colonel  commanding  this  district  having  been 
officially  notified  that  the  pastors  of  many  churches  in  this 
city  neglect  to  make  any  public  recognition  of  allegiance 
under  which  they  live,  and  to  which  they  are  indebted  for 
protection,  and  further,  that  the  regular  form  of  pnyer  for 
"the  President  of  tho  United  States,  und  ail  others  in 
authority.''  proscribed  by  the  ritual  in  some  churches,  and 
by  established  custom  in  others,  has  been  omitted  In  the 
stated  services  of  churches  of  all  denominations,  it  is 
tieroby 

Ordered,  That  hereafter,  the  ministers  of  euuh  churches 
as  may  have  the  prescribed  form  of  prayer  for  tho  President 
of  the  United  States,  shall  be  read  at  each  and  (very  ser 
vice  in  which  it  is  required  by  the  rubrics — and  that  those* 
of  other  denominations,  which  have  no  such  form — -h-sll  on 
like  occasions  pronounce  a  prayer  appropriate  t'»  the  time, 
md  expressive  of  a  proper  spirit  toward  the  Chief  Magis 
trate  of  the  United  States.  Any  minister  fiu'limr  t->  comply 
with  these  orders,  will  be  immediately  prohibited  from 
exercising  the  functions  of  his  office  in  this  citv — and  ren 
der  himself  liable  to  be  sent  beyond  the  lines  of  the  Untied 
States  iorces — at  the  discretion  of  the  Colonel  commanding. 

The  Provost  Marshal  is  charged  with  the  execution  of 
this  order.  By  command  of 

B.  G.  FARRAR, 

Colonel  Commanding. 
JAMES  E.  MONTGOMERY, 

Capt.  and  Asr.t.  Adj.  Gen. 

PROTEST    OP    THE     BISHOP    OF    NATCHEZ. 
To  Col.  B.  G.  FARRAR,  Commc.nding  at  Natchez: 

RESPECTICD  SIR:  Returning  to  Natchez  irom  a  portion  of 
my  visitation,  I  have  had  communicated  to  me  your  Special 
Order  No.  31,  dated  June  18th,  requiring  till  pastors  of 
:hurches  to  make  public  recognition  of  their  allegiance  to 
the  government  under  which  they  live,  and  to  which  they 
vre  indebted  for  protection  ;  to  pronounce  a  prayer  appro- 
>riato  to  the  times,  and  expressive  of  a 'proper  spirit 
;owards  the  Chief  Magistrate  of  the  United  States.  I  (iave 
md  some  personal  interviews  with  you  in  reference  to  this 
Order,  and  so  has  the  Vicar  General,  Very  Rov'd  M.  Gri;j- 
aon.  We  both  take  the  occasion  to  express  our  thanks  for 
ho  politeness  we  have  experienced  from  you  on  all  thwe 
)ccasions. 

Indeed,  the  intercourse  of  our  clergy  with  the  Command 
ers  at  Natchea,  and  the  officers  associated  with  them,  has 
seen  generally  agreeable,  and  we  all  offer  our  thanks.  I 
mist  mention  in  particular  Major  General  Crocker,  for  one 
Conspicuous  act  of  his.  directing  the  entire  restoration  of 
he  fence  around  our  cemetery  when  it  had  been  destroyed. 
Our  orphans,  likewise,  have  experienced  their  goodness  in 
'eceiving  supplies  from  the  Commissary  stores.  It  is  true 
hat  tho  presence  of  the  army  was  tho  very  cause  of  their 
leeding  this  assistance,  because  it  closed  the  ordinary 
h  innels  of  their  resources ;  but  this  does  not  cancel  our 
ibligations  of  gratitude  towarJs  the  Commanders  here,  and 
he  administration  at  Washington,  for  thus  alleviating  the 
nis'Ties  of  war  towards  those  helpless  children,  anil  the 
;ood  sisters  and  others  who  have  kindly  come  licre  to  tako 
are  of  them.  Their  prayers  are  offered  np  every  night  lor 
.11  their  benefactors 


APPENDIX. 


539 


With  regard  to  the  subject  of  this  Special  Or.ler,  I  have 
t:>  state,  tint  the  prayers  prescribed  by  our  rulers  are  in  the 
book  railed  the  "  Roman  .Missal,"  and  among  them  there  is 
none  that  mentions,  especially,  any  civil  government  The 
prayers  contained  in  r,ur  various  English  prayer  books  are 
commonly  approved  of  by  individual  bishops,  simply  as 
containing  nothing  contrary  to  the  teachings  of  the  Church, 
but  they  are  not  part  of  our  prescribed  religious  service. 

In  the  Catholic  Cathedral  of  Natchez,  as  I  have  informed 
you.  every  morning  wo  recite  in  English  the  Litany  of  the 
Saints,  wherein  we  make  express  supplication  for  all  Chris 
tian  rulers,  for  peace  and  unity  among  all  Christian  people, 
and  lor  eternal  good  things  to  our  benefactors;  among 
whom,  certainly,  are-  to  be  chielly  reckoned  those  to  whom 
we  are  indebted  for  protection. 

Those  prayers  appear  to  you  to  be  not  sufficient  to  satisfy 
the  requisitions  of  this  Special  Order. 

I  have  further  informed  you  that  a  somewhat  similar 
order,  or  request.  was  made  orce  before  by  the  mili  ary 
Commander  at  Natchez,  that  I  then  referred  the  matter  to 
higher  authority,  that  the  answer  given  was:  That  we 
should  not  be  further  molested  on  the  subject,  and  that,  in 
facf,  we  were  not  molested  again  during  the  two  months 
which  elapsed  before  the  publication  of  the  present  Order. 
I  have  also  told  you  why  the  correspondence  was  not  made 
public. 

Having  this  decision  from  higher  authority,  it  appears  to 
me  that  the  matter  is  not  exactly  open  for  discussion  in 
Natchez.  The  evidence  I  have  given  of  such  a  decision 
having  been  rendered,  (though  not  official,)  gives  at  least  a 
sullicient  ground  for  suspension  of  any  action  under  the 
Order,  until  the  same  higher  authority  can  be  heard  from, 
and  its  instruction  can  be  received  in  official  form. 

My  respect,  however,  for  the  post  you  occupy,  and  your 
personal  claims  to  my  regard,  make  it  agreeable  to  mo  to 
give  you  all  reasonable  satisfaction,  not  liy  discussing  the 
question,  but  my  making  known  to  you  the  reasons,  and 
the  spirit  which  actuate  me  in  declining  to  comply. 

]  shall  t>e glad,  also,  if  you  suffer  this  letter  to  be  pub 
lished,  to  have  my  neighbors  round  me,  soldiers  and  civil 
ians,  and  most  of  all  the  flock  under  my  care,  to  whom  I 
am  bound  to  render  good  examples  — I  shall  be  glad  to  have 
them  understand  the  true  spirit  and  motives  of  my  conduct. 
The  more  so,  because  false  impressions  have  prevailed  in 
consequence  of  false  reports  having  been  circulated — sonrj 
of  them  intended  to  be  complimentary,  concerning  my 
language  and  conduct  on  the  former  occasion,  above  re 
ferred  to.  I  take  this  opportunity  of  making  it  known, 
whether  it  be  accounted  to  my  credit  or  my  discredit,  simply 
as  a  fact,  that  I  did  not  on  that  occasion  use  any  words  of 
boldness,  but  I  endeavored  simply  to  express,  in  as  pleasant 
terms  as  I  could  command,  the  reasons  why  I  ought  not  to 
be  expected  to  comply. 

And  I  now  expressly  declare  that  my  declining  to  sub 
mit  to  this  Order  is  not  intended  as  an  expression  of  dis 
regard,  or  as  dislike,  towards  any  civil  or  military  authority, 
nor  towards  any  person  exercising  such  authority.  It  is 
not  intended  as  a  manifestation  of  disloyalty,  nor  of 
loyalty,  nor  of  any  person  claiming  power.  It  has  no 
political  signification.  It  is  simply  of  the  Liberty  of  the 
Church  to  discharge  her  divine  functions,  without  inter 
ference  from  other  persons. 

And  this,  in  a  country  where  all  religions  are  equal  be 
fore  the  government,  amounts  to  the  same  thing  as  the 
liberty  of  the  people,  (not  against  God,  but  against  the 
State,)  in  peace  and  in  war,  to  choose  for  themselves  their 
religion,  and  their  religious  guides. 

If  an  order  like  this  were  made  by  any  other  civil  or 
military  authority  that  might  be  in  command  a£  Natchez, 
it  would  be  my  duty  to  resist  then  as  I  resist  now. 

The  chief  reasons  for  resistance  may  be  reduced  to  these 
two.  One  is,  that  religious  worship  'ought  to  be  directed 
exclusively  by  religious  authorities.  I  speak  not  of  the 
negative  right  of  other  powers  to  suppress  acts  of  intended 
ami  unwarranted  insult,  of  which  there  is  no  question  here, 
but  of  the  positive  ordering  of  prayers,  sermons,  cere 
monies,  &c. 

The  other  reason  especial  to  the  present  case,  is,  that 
Divine  Worship  being  directed  to  God,  it  is  not  proper  to 
introduce  anything  into  it  for  the  purpose  of  exhibiting 
our  sentiments  on  temporal  matters.  This  appears  to  be 
addressing  our  devotions  to  men  instead  of  God. 

But  as  i he  weight  of  those  two  principles  depends,  with 
most  persons,  on  the  political  consequences  and  collateral 
bearings  of  a  departure  from  them,  I  beg  you  to  have  pa 
tience  if  I  judge  that  the  interests  intrusted  to  me  by  God, 
which  are  involved  in  this  question,  require  of  me  a  some 
what  lengthy  development. 

It  is  to  b«  observed  that  loyalty  or  disloyalty  are,  in 
•  ruth,  personal  sentiments.  Strictly  speaking,  they  do  not 
b'-long  to  aggregate  bodies,  b:it,to  the  individuals  who  con 
stitute  the  bodies;  and  a  recognition  of  allegiance  uttered 
by  a  priest  in  the  presence  of  the,  congregation,  would  not 
imply  any  profession  made  by  one  individual,  which  was  of 


no  force  whatever  as  regarded  any  other  individual.  And 
why — out  of  a  whole  community  should  one,  single  person 
be  required  to  make  such  profession?  and  the  very  person, 
who  by  hij  office  and  his  conduct,  has  the  least  of  all  to  do- 
with  civil,  military,  or  political  affairs — the  priest. 

If  it  should  ever  be  charged  that  I,  or  any  priest,  of  the 
diocese,  had  in  his  conduct  departed  from  his  office,  and 
done  anything  injurious  to  the  government,  let  the  charge 
be  stated  and  examined,  let  the  individual  be  held  respon 
sible  for  his  own  conduct  like  any  other  citizen,  and  let  not 
aod's  solemn  worship  be  altered  or  interfered  with  on  ono 
man's  account. 

Catholic  Faith  teaches  that  God  appointed  the  Church  to 
direct  men  in  the  manner  of  worshipping  Him — to  t  -11 
them  when,  and  how,  they  ought  to  oiler  then-  public 
devotions — what  outward  forms  andceremonies  arc  suitable- 
ind  what  prayers,  and  forms  of  prayer,  are  appropriate  on, 
public  occasions.  Whether  others  regard  this  as  true  or 
false  it  is  the  doctrine  of  the  Church,  received  from  God, 
like  the  doctrine  of  the  Incarnation,  or  any  other  dogma. 
It  is  essential  to  her  existence ;  to  renounce  it  would  be  to- 
leclare  herself  an  impostor.  Far  a  Bishop  to  abandon  it 
A'ould  be  to  betray  the  solemn  trust  confided  to  hiva  by 
]!od — to  sacrifice  the  eternal  interests  of  the  souls  under  his 
care,  and  to  scandalize  the  whole  Catholic  Church  through 
out  the  world. 

Now,  any  acceptance  on  my  part  of  this  "Special  Order'r 
would  be,  in  my  judgment,  equivalent  to  abandoning  this 
doctrine,  by  acknowledging  the  right  of  others  than  the 
Church  to  take  share  in  the  direction  of  Divine  Worship. 

This  Order  requires  us  to  introduce  a  totally  new  element 
into  our  Sacred  Worship,  viz:  the  public  profession  of  tem 
poral  allegiance  to  the  constituted  authorities  by  a  prayer 
to  be  pronounced  professedly  for  this  end. 

I  have  no  hesitation  to  express,  not  in  words  only,  but 
in  the  sincerity  of  my  mind,  all  respect  for  his  Excellency, 
the  President  of  the  United  States,  and  to  profess  cheerful 
obedience  to  his  government  in  all  things  lawful  >vhi!e- 
I  live  under  it  and  enjoy  its  protection  ;  and  this  without 
any  questioning  as  to  his  personal  merits,  simply  bocause- 
he  is  the  Chief  Magistrate,  and  my  religion  teaches  mo  to- 
respect  all  who  are  in  authority,  because  authority  is  from 
God.  Whether  the  possessor  of  it  be  designated  by  election 
or  any  other  means,  whatever  legitimate  authority  he  pos 
sesses',  it  is  from  God  who  gives  it  to  him,  and  my  respect 
for  all  those  who  hold  authority  is  a  part  of  my  respect  for 
God,  and  a  part  of  my  religion.  The  samel  say  of  all  civil 
governments  in  the  world. 

But  the  desigiiating  of  an  individual  by  his  name,  or  bj 
a  special  title,  is  not  a  part  of  my  worship  of  God.  And 
though  if  it  would  assist  to  excite  devotion,  it  might  b* 
done  innocently,  and  even  laudably,  when  there  would  be 
no  danger  of  its  being  misunderstood  ;  yet  to  do  it,  not  for 
exciting  feelings  of  devotion,  but  avowedly  for  the  purpose 
of  making  profession  of  allegiance,  and  when  it  would  be 
understood  as  acknowledging  a  right  on  the  part  of  the- 
secular  powers,  civil  or  military,  to  interfere  in  the  ar 
rangement  of  religious  worship — this  would,  to  my  mind, 
be  a  criminal  betrayal  of  my  sacred  trust,  and  a  deep  in 
jury  to  the  Church,  in  which  alone  are  my  hopes  of  eternal 
salvation. 

Further,  this  Order  asserts  the  right  of  requiring  us  it 
necessary,  to  compose  entirely  new  prayers,  appropriate  tt> 
the  times,  and '-expressive of  a  proper  spirit  towards  the- 
Chief  Magistrate  of  the  United  States." 

This  necessarily  implies  a  right  in  the  Commander  to 
judge  what  times,  and  what  emergencies  are  worthy  of  new 
and  appropriate  prayers,  and  what  spirit  our  prayers  must 
be  expressive  of;  and  consequently,  a  right  to  inspect  our 
prayers,  and  to  make  such  alterations  as  he  judges  neces 
sary  to  render  them  appropriate  and  sufficiently  expressive. 
This  is  no  extravagant  conclusion  of  mind.  You  are  in 
this  very  case  claiming  to  exercise  this  right;  for  I  have 
told  you  that  we  are  reciting  prayers  which  I,  as  Bishop, 
judge  to  be  appropriate,  and  expressive  of  the  proper  spirit 
towards  our  rulers. 

You,  as  military  Commander,  judge  that  they  do  not 
answer  the  purpose,  and  you  require  me  to  recite  new  ones, 
or  to  add  to  these  in  such  a  way  that  the}'  may  meet  your 
judgment. 

I  gladly  bear  testimony  that  I  see  in  you  no  desire  to  em 
barrass  us;  on  the  contrary,  you  are  disposed  to  be  as  for 
bearing  a-i  possible,  consistently  with  your  claim. 

You  would  be  satisfied  with  very  little — a  few  words — 
perhaps  a  single  word— but  you  insist  upon  that  word- 
Why  is  so  much  importance  attached  to  the  utterance  of  a 
word?  Manifestly,  because  you  feel  as  I  d  >,  that  the 
utterance  of  that  word  w:>uld  be  the  acknowledgement  of 
a  principle.  That  principle  would  be,  that  our  Divine 
Worship  is  a  proper  occasion  for  professions  of  allegiance,, 
and  that  the  military  Commander  has  a  right  to  require- 
the  recital  of  prayers  which  he  judges  appropriate  to  the- 
times,  and  expressive  of  the  j .roper  spirit. 
This  right  once  admitted  in  a  military  Commander,  he- 


540 


APPENDIX. 


will  himself  bo  the  judge  of  when  and  how  to  exercise  it. 
Your  good  will  and  moderation  will  be  no  rule  for  another, 
whether  at  Natchez  or  elsewhere.  The  few  words  which 
will  satisfy  you  may  appear  to  him  to  be  an  evasion,  and  if 
lie  thinks  they  are,  it  will  bo  his  duty  to  require  more. 
Jfow,  if  other  events  arise  which  he  judges  of  sufficient 
importance  to  require  new  prayers  appropriate  to  the  new 
times,  it  will  bo  his  duty  to  demand  them.  There  will  be 
still  more  reason  for  exercising  this  right,  with  regard  to 
our  sermons  and  instructions  than  with  regard  to  our 
prayers ;  and  there  is  nothing  to  hinder  him  from  applying 
it.  likewise,  to  our  ceremonies. 

And  there  have  been  already  indications  of  a  disposition 
to  extend  this  interference  to  the  pulpit  and  the  ceremonies. 
I  have  heard  of  the  clergy  being  called  on  to  publish  from 


the  pulpit  the  proclamation  of  the  civil  power, 
the  Commander  was  a  gentleman  of  clear  mind, 


Happily 

d  mod 


eration,  and  ho  acquiesced  in  the  reply  made  to  him,  that 
the  pulpit  was  not  the  organ  of  communication  between 
the  civil  powers  and  the  people.  But,  if  he  possessed  the 
right  which  this  Special  Order  implies,  he  might  equally 
liavH  refused  to  acquiesce,  and  have  insisted  upon  the  read 
ing  of  that,  or  any  other  civil  or  military  document  ,  which 
ho  .should  judge  it  suitable  to  have  communicated  throueh 
the  pulpit. 

And  with  regard  to  the  ceremonies,  I  have  been  told  that 
some  papers  were  hinting,  if  not  openly  declaring,  that 
various  clergymen,  indifferent  churches,  ought  to  be  made 
to  suffer  for  not  celebrating  certain  feasts  and  fasts  ap 
pointed  by  the  Government,  or  rather,  for  not  holding  their 
Divine  Service  at  the  hours,  and  with  the  degree  of  solem 
nity,  which  the  editor  judged  suitable. 

Progress  is  very  rapid  in  this  country,  especially  in  time 
•of  war,  and  what  is  thrown  out  to-day  as  a  hint  by  a  single 


paper,  may  in  a  few  months   become 
and  an  established  rule. 


a  common  clamor 


And  observe  that  this  right  of  interference  with  the 
•Church's  worship  of  God,  would  be  exercised  in  this 
•country  by  men  who  acknowledge  no  responsibility  to 
her  rule,  and  profess  no  acquaintance  with  her  laws  and 
liturgy. 

This  consideration  is  a  general  answer  to  all  such  argu 
ments  as  might  bo  drawn  from  any  practices  in  Catholic 
countries,  practices,  not  imposed  by  military  authority,  but 
•dictated  by  the  Church  itself,  of  her  own  accord,  and 
•guarded  against  danger  of  abuse  by  her  enactments— en 
actments  which  the  civil  authority  engages  to  enforce. 

Still  more,  a  right  of  this  kind  can  be  as  sternly  claimed 
and  as  rigorously  enforced  by  one  military  authority  as  by 
another.  The  priests  in  other  parts  of  tin's  diocese  (which 
•comprises  the  entire  State  of  Mississippi,)  or  myself,  while 
•discharging  my  Episcopal  visitation  in  those  parts,  could 
equally  bo  called  on  to  invoke  God's  assistance  for  the 
•enemies  of  the  United  States. 

And  now,  in  simple,  honest  truth,  what  would  such  con 
tradictory  prayers  be  worth?  and  what  would  either  or 
both  powers  have  gained  when  they  had  extorted  a  public 
pronouncing  of  them  ?  As  prayers  to  God,  they  would  be 
-a  mockery,  and  as  professions  of  allegiance,  I  repeat  it,  they 
are  no  part  of  Catholic  worship,  and  I  cannot  consent  to 
introduce  them  into  it.  The  entire  freedom  of  the  Church 
to  direct  her  own  Divine  worship  is  not,  I  believe,  a  pecu 
liar  claim  of  the  Catholic  Church.  If  I  am  rightly  in- 
f  Tilled,  nearly  all  denominations  have  likewise  claimed  it, 
whether  all  of  them  have  exercised  it  at  all  times  or  not. 
It  has  always  been  the  boast  of  some  of  the  New  England 
•Colonies,  that  they  were  founded  by  men  who  left  their 
liomes  rather  than  brook  the  interference  of  the 
with  their  manner  of  worshipping  God:  and  if  so....  „. 
them  are  charged  with  afterwards  persecuting  men  for  con 
science's  .sake, oven  then,  it  has  been  said,  it  was  not  an  exer- 
•ciso  of  the  State's  authority  over  the  Church,  but  rather 
the  Church  was  directing  the  State  to  drive  out  what  the 
'Church  believed  to  be  false  worship. 

And  this  liberty  of  the  Church  to  direct  Divine  worship 
has  always  been  recognized  by  the  State.  I  need  net  quote 
to  you  the  well  known  clause  of  the  Constitution  of  the 
United  States,  prohibiting  Congress  from  any  interference 
With  the  free  exercise  of  religious  worship. 

The  illustrious  General  Jackson,  when  President  of  the 
United  States,  determined  as  ho  was  in  the  exercise  of  his 
authority  to  its  fullest  extent,  said  he  had  no  constitutional 
power  oven  to  invite  the  people  to  observe  an  annual 
'J  hanksgiving  day.  He  was  to  administer  the  civil  govern 
ment,  and  to-  take  no  cognizance  of  the  religion  of  the 
people,  except  so  far  as  to  protect  each  one  in  following  his 
own,  without  inoh-stati<yi  from  his  neighbors. 

If  later  Presidents,  exercising  their  own  judgment  in  the 
matter,  have  thought  it  well  on  especial  emergencies, as 
in  time  of  pestilence  and  of  war,  to  call  on  all  the  people 
to  offer  prayers  on  certain  days,  yet,  as  fir  as  I  know,  they 
luive  confined  themselves  to  a  simple  invitation,  and  not 
pretended  to  compel  anyone  to  comply. 

Nor  is  there  any  reason  in  the  circumstances,  why  such 


State 
e  of 


a  power  should  bo  claimed  at  this  particular  time.  These 
prayers  are  no  necessity  of  war— no  armies  would  be 
Strengthened  or  supplied,  no  enemy  would  be  weakened  or 
embarrassed,  jo  friends  would  be  encouraged,  no  opponent 
would  be  disheartened. 

On  the  contrary,  the  effect  would  be  to  give  pain  and 
alarm  to  many,  and,  most  of  all,  to  those  who  have  m<-t 
warmly  espoused  the  cause  of  the  Union,  believing  that  it 
was  the  best  protection  of  their  religious  liberty;  for,  to  a 
true  Christian,  who  has  any  faith  and  manliness  in'him 
the  dearest  of  all  liberties  must  be  that  of  the  exercise  of 
his  religion.  Country,  Constitution.  Union,  Independence, 
Hag,  however  warm  sentiments  any  of  these  may  awaken 
in  his  heart,  after  all,  they  express  in  themselves  but 
temporal  goods.  The  real  value  of  these  things  is  the  pro 
tection  and  security  they  afford  him  while  ho  is  working 
out  the  great  end  of  his  creation,  the  service  of  God,  and 
the  saving  of  his  immortal  soul.  "  What  will  it  profit  him 
to  gain  the  whole  world,  if  lie  lose  his  own  soul?''  And 
what  must  ho  care  for  the  power  and  glory  of  his  country 
if  purchased  at  the  sacrifice  of  the  means  given  him  to  save 
his  soul  ? 

And  among  those  means,  in  the  opinion  of  most  of 
Christians,  and  in  the  absolute  conviction,  the  Divine  faith 
ot  every  Catholic,  most  conspicuous  and  efficient  is  the 
Church,  in  the  free  exercise  of  all  the  duties  imposed  on 
her  by  God. 

If  the  country  claims  a  right  to  interfere  with  her  reli 
gious  worship,  it  puts  a  shackle  on  her  freedom,  which 
every  earnest  Catholic  will  feel  as  a  deep  wrong  and  a  more 
grievous  injury  than  iron  manacles  upon  his  wrist*.  It 
would  be  felt  as  an  injury  by  numbers  of  persons  in  all  th« 
walks  of  life,  whose  past  and  present  services  to  the  United 
States,  rendered  in  various  ways,  do  not  deserve  an  injury 
at  the  hands  of  Government. 

I  say  this,  not  as  a  ground  for  claiming  any  privilege, 
nor  any  exemption  from  just  and  reasonable  laws,  but 
that  you  may  better  understand  how  widely  extended  and 
how  deeply  unmerited  would  bo  the  injustice  of  any  inter 
ference  with  our  religions  worship.  Allow  me  to  mention 
not  in  any  vain  parade,  but  for  the  better  understanding  of 
the  bearing  of  this  question,  the  Sisters  of  Charity  of 
Mercy,  of  the  Holy  Cross,  and  all  the  other  orders  of  re 
ligious  ladies,  who  have  been  for  three  years  wearing  out 
their  willing  lives  in  the  military  hospitals— ladies  from 
Mississippi,  Louisiana, and  South  Carolina,  by  Iho  side  of 
ladies  from  Massachusetts  and  Illinois— Avho  bavo  saved  so 
many  lives,  and  comforted  so  many  deaths  That  pleasant 
smile  of  theirs,  that  cheery  word,  which  lifts  up  the  heart 
of  a  poor, suffering  soldier,  and  gives  him  more  strength 
than  medicines  or  food;  it  reaches  his  heart,  because  it 
comes  from  theirs;  and  what  smile  can  their  hearts  give 
when  they  know  that  those  very  soldiers,  whoso  lives  they 
are  saving,  may  bo  employed  to  close  their  churches,  and 
to  conduct  their  bishops  and  priests  beyond  the  lines  be 
cause  they  will  not  acknowledge  the  right  of  the  civil  gov 
ernment  to  alter  their  religious  worship? 

And,  in  truth,  what  is  it  that  makes  such  women  ?  that 
infuses  into  their  hearts  that  heroic  charity,  and  that  re 
ligious  tenderness?  It  is  the  very  freedom  which  the 
Church  enjoys  to  train  her  children  with  such  devotions 
and  religious  practices  as  she  judges  to  be  most  beneficial 
to  their  souls,  according  to  their  circumstances  and  their 
states  of  lite,  without  interference  from  any  human  power. 
Once  make  the  Church  a  subject  of  the  State  in  spiritual 
functions,  and  she  is  no  longer  a  living  Church  of  the 
Holy  Ghost,  infusing  into  her  children  the  life  of  Catholic 
charity  ;  she  becomes  a  kind  of  pious  branch  of  police. 

And  we,  the  Catholic  clergy  of  this  Diocese  of  Natchez. 
have  done  nothing  to  merit  molestation  from  the  United 

•  public  advo- 


States  Government.     Wo  have  never  lent  o 

cacy.nor  our  private  influence  to  its  injury,  neither  before 


lor  MIICO  the  war  began.  I  have  never  preached  a  political 
sermon,  and  never  advised  any  one,  neither  in  public  nor  in 
private,  neither  directly  nor  indirectly,  to  join  any  army, 
nor  to  give  a  vote  for  or  a-ainst  any  of  the  measure's  which' 
led  to  the  present  war:  and,  to  the  best  of  my  knowledge 
all  the  priests  of  the  Diocese  have  likewise  kept  themselves 
free  from  political  entanglements.  Not  that  wi-  had  not  the 
right,  like  other  citizens,  to  take  an  active  part  in  politics 

f  wo  chose,  but.  having  dedicated  ourselves  primarily  to 
the  care  of  souls,  we  endeavored  to  follow  the  line  of  con 
duct  recommended  to  the  cleriry  by  all  the  bishops  of  this 
province-,  in  the  Council  of  New  Orleans,  held  in  January 
1856,  in  these  words  of  their  pastoral  letter:  ''It  is  hardly 
necessary  for  us  to  remind  you  that  you  are  to  confine 
yourself  to  the  spiritual  gnardian>hip  of  your  respective 


flocks,  and  within  the  line  of  your  ecclesiastical  duties. 
Leave  to  the  politicians  the  politics  of  the  day  Your  busi 
ness  is  the  salvation  of  souls  and  the  interests  of  Jesus 
Christ."  We  have  tried  accordingly  to  keep  ourselves  free 
to  render  religious  services  to  all  who  mi-lit  desire  them, 
Whether  permanent  members  of  our  (locks,  those  neighbors 
among  whom  wo  have  been  living,  and  to  whom  we  arc  at- 


APPENDIX. 


541 


tr.chfd  i iy  natural  as  well  as  by  religious  ties,  or  whether 
lemp' n'ary  sojourners,  soldiers,  or  civilians,  master^  and 
servants.  M  bite  and  colored — all  who  have  immortal  souls 
h;ivc  had  equal  claim  upon  our  time  and  care  when  they 
decin  d  our  religious  services. 

1  shall  conclude  by  mentioning  facts,  not  for  tho  purpose 
of  courting  favor,  but  to  let  you  understand  the  spirit 
which  the  Church  has  given  to  priests,  without  making 
professions  of  allegiance  a  portion  of  her  religious  worship, 
and  that  you  may  judge  whether  the  Government  would 
gain  anything  of  substantial  good  by  interfering  with  the 
Chin  ch's  own  way  of  teaching  her  children  their  duties  to 
their  fellow-men. 

One  of  the  priests  of  this  Diocese,  one  whom  I  most 
esteemed  and  loved  among  them  all,  sacrificed  his  life  for 
the  soldiers  of  the  United  States  Army,  in  February  of 
1863.  It  was  the  Rev.  Basil  Elia.  He  asked  my  permis 
sion  to  go  to  the  soldiers  at  Young's  Point,  and  in  that 
neighborhood,  opposite  to  Yicksburg,  because  he  had 
heard  that  many  were  dying  there  without  a  priest.  His 
own  statement  was  that  a  hundred  Catholics  were  dy 
ing  in  a  week.  It  was  outside  of  my  Diocese,  and  I  had 
use  for  hi»  services  at  home ;  yet  I  approved  of  his  going, 
lor  the  same  reason  he  asked  to  go,  simply  because  there 
were  so  many  there  who  wanted  his  assistance.  His  inces 
sant  fatigues  and  exposure  soon  brought  the  prevailing 
disease  on  himself.  He  could  not  be  induced  to  abandon 
those  poor  souls  until  he  was  entirely  prostrated.  He  was 
carried  to  Memphis  in  March,  and  he  died  there  the  2d  of 
April. 

Another  priest,  now  at  the  Cathedral,  is  just  recovering 
his  strength  alter  four  months  of  sickness,  brought  on  him 
in  spite  of  a  robust  constitution,  by  his  attention  to  the 
sick,  chiefly  those  dying  of  the  smallpox,  almost  all  of  them 
being  either  United  States  soldiers  or  poor  colored  people, 
gathered  at  Natchez,  on  account  of  its  occupation  by  the 
United  States  army. 

Indeed,  ever  since  the  beginning  of  last  August,  the 
chief  portion  of  the  labors  of  the  Catholic  clergy  of  Natchez 
have  been  absorbed  by  them.  For  myself,  though  my 
episcopal  duties  have  been  urgently  demanding  my  at 
tention,  yet  I  have  devoted  much  more  time  and  labor  to 
the  United  States  soldiers  and  the  colored  people,  during 
the  hist  ten  mouths,  than  I  ever  gave  to  any  sick  before, 
during  all  the  eighteen  years  of  my  sacred  ministry. 

And  there  is  a  collateral  point,  which,  perhaps,  it  would 
be  more  dignified  to  leave  unnoticed;  but,  in  this  country, 
it  will  be  regarded  as  necessary  for  a  justappreciation.  The 
labors  of  our  priests  have  been  rendered  without  any  chap 
lain's  salaries,  or  any  other  temporal  remuneration.  When 
we  were  obliged  to  keep  three  horses  instead  of  one,  the 
commanders  rendered  us  some  assistance  in  that  regard ; 
but  even  that  only  multiplied  our  expenses,  by  the  necessity 
of  providing  for  them. 

Simply  from  a  sense  of  religious  duty,  and  in  accordance 
witli  the  spirit  of  the  Church,  wo  have  labored  along ;  with 
the  blessing  of  God  we  shall  continue  to  labor,  if  you  will 
Differ  us  to  do  so  without  renouncing  the  Divine  obligations 
of  the  Church,  from  which  alone  our  labors  derive  their 
value. 

But  if  you  demand  of  us,  in  the  name  of  the  civil  or  mil 
itary  government,  to  alter  our  religious  worship,  the  care 
of  which  is  intrusted  by  God  to  the  Church  alone,  our 
line  of  conduct  is  simply  and  clearly  marked  out  by  the 
Divine  Author  of  both  Church  and  State,  and  with  the 
assistance  of  His  Grace,  we  hope  to  adhere  to  it.  "  Render 
to  dfsar  the  tilings  that  are  Cesar's,  and  to  God  the  things 
Mat  are  God's." 

I  have  the  honor  to  remain,  respected  Sir,  with  all  con 
sideration,  your  obedient  servant, 

fWM.  HENRY  ELDER, 

BisJtop  of  Natchez, 

ST.  MART'S  CATHEDRAL,  NATCHEZ,  July  13, 1864. 

July  22 — Brigadier  General  AJason  Bray  man 
Bsued  this  order  : 

HEADQUARTERS  UNITED  STATES  FORCES, 

NATCHEZ,  Miss.,  July  22, 1864. 


[SPECIAL  ORDER  No.  11.] 


Extract. 


V. — It  appears  that  while  the  country  was  at  peace 
William  Henry  Elder,  Bishop  of  Natchez,  caused  to  be 
read  as  a  portion  of  the  proper  and  recognized  religious 
con  ice  of  the  Roman  Catholic  Church  witain  his  ecclesias- 
ti-  al  jurisdiction,  the  usual  prayer  for  the  President  of  the 
United  States,  &c.,  whereby  was  signified  and  taught  a  true 
and  loyal  Hpirit  towards  the  Government  and  authorities  of 
the  United  States,  and  a  pious  desire  for  the  prosperity  and 
maintenance  thereof. 

It  further  nppears,  that  after  the  establishment  of  the 
pretended  Government  of  the  "Confederate"  States  of 
Ameiica,  in  violation  of  the  Constitution  and  laws  of  the 


United  States,  and  in  treasonable  and  armed  rebellion 
against  the  same,  the  said  William  Henry  Elder,  Bishop  of 
.^atchez,  did  cause  to  be  abolished  and  stricken  from  the 
proper  and  usual  service  of  the  Roman  Catholic  Church, 
within  his  ecclesiastical  jurisdiction,  the  prayer  for  the 
President  of  the  United  States,  Ac.,  and  did  substitute  and- 
cause  to  be  read  in  place  thereof  a  like  prayer  for  the  Pres 
ident  of  the  pretended  "  Confederate"  States,  &c.,  whereby 
he  publicly  renounced  his  allegiance  to  the  Government  of 
the  United  States,  and  declared  allegiance  to  a  power  then 
in  armed  resistance  against  the  same,  and  compassing  its 
overthrow :  such  act  being  in  violation  ot  his  duty  as  a  citi 
zen  of  the  United  States,  and  of  evil  example  to  them  under 
his  ecclesiastical  authority,  he  well  knowing  that  thereby 
wiw  instigated  and  promoted  rebellion  anil  armed  hostility 
against  the  lawful  authority  of  the  United  States. 

It  furthermore  appears,  that  on  the  18th  of  June  ultimn.. 
a  Special  Order  (No.  31)  was  issued  by  the  officer  then  com 
manding  the  United  States  forces  at  Natchez,  requiring  that 
the  prayer  for  the  President  of  the  United  States,  <fcc., 
should  be  restored  and  appropriately  read  as  part  of  Di vino- 
Service,  (as  had  been  the  custom  aforetime  in  the  Roman, 
Catholic  Church  at  Natchez.) 

The  said  William  Henry  Eider,  Bishop  of  Natchez,  being 
still  in  rebellion  against  the  United  States,  and  ill  disposed 
towards  the  government  thereof — not  having  repented  of 
nor  retracted  his  treasonable  conduct  and  teachings  as 
aforesaid,  but  on  the  contrary  repudiating  and  denying  the- 
authority  of  the  Government  and  its  officers  in  that  behalf; 
and  having  for  a  long  time,  though  frequently  warned,  con 
tumaciously  refused,  and  still  utterly  rei'usiug  obedience  to 
said  order,  thus  encouraging  tho  people  under  his  authority 
in  treasonable  practices,  and  impairing  the  force  of  discip 
line  !  It  is  therefore  ordered : 

First.  That  tho  said  William  Henry  Elder,  Bishop  of 
Natchez,  be  expelled  from  the  lines  of  the  Army  of  the 
United  States,  not  to  return  without  permission,  on  pain  of 
imprisonment,  during  the  continuance  of  the  rebellion. 

Second.  That  the  Provost  Marshal  close,  and  hold  military 
possession  of,  St.  Mary's  Cathedral,  situated  in  tbe  city  of 
Natchez,  and  all  other  houses  or  places  of  worship  within  this 
command,  and  nndcr  the  ecclesiastical  jurisdiction  of  the  said. 
Bishop  William  II.  Elder,  in  which  the  prayer  for  the  Pres 
ident  of  the  United  States  has  heretofore  been,  but  is  not 
now,  read. 

Inasmuch,  however,  as  the  said  William  Henry  Elder^ 
has  requested  in  a  respectful  manner,  that  any  action  under 
said  order  No.  31,  be  suspended  "until  communication  can 
be  had  with  the  authorities  at  Washington :':  It  is  farther 
ordered : 

That  action  under  said  order  No.  31,  and  the  paragraphs 
'••First"'  and  " Sxoml"  of  this  order  be  accordingly  sus 
pended  until  further  orders;  and  that,  in  the  meantime,  tho 
Provost  Marshal  af  Natchez,  cause  the  s.ud  William  II. 
Elder,  Bishop  of  Natchez,  to  report  in  person,  within  twen 
ty-four  (24)  hours  after  receiving  a  copy  of  this  order,  to 
the  Officer  commanding  the  U.  S.  forces  at  Yidalia,  and 
remain  within  his  military  lines  under  penalty  of  the  im 
mediate  execution  of  the  order  before  named. 

The  Provost  Marshal   at  Natchez  and   Vidalia,  respec 
tively,  will  see  to  the  strict  observance  of  this  order. 
By  order  of  Brig.  Gen.  M.  Brayman  : 

J.  H.  ODLIN, 
Captain  and  Ass' t  Adjutant  General. 

August  12 — Gen.  Brayman  issued  the  fol 
lowing: 

HEADQUARTERS  UNITED  STATES  FORCES, 

NATCHEZ,  Miss.,  August  12, 1864. 
[SPECIAL  ORDER  No.  31.] 

Military  authority  having  been  for  the  time  vindicated, 
so  much  of  Special  Order  No.  11  as  requires  Rev.  William 
Henry  Elder,  Bishop  of  Natchez,  to  remain  within  the  mili 
tary  lines  of  the  post  of  Yidalia,  (La.,)  is  suspended,  and 
ho  may  return  to  his  home  and  duties  until  the  pleasure  of 
the  War  Department  be  known  in  his  case. 

And  as  all  solemn  appeals  to  the  Supreme  Being,  not 
proceeding  from  honest  hearts  and  willing  minds,  are  ne 
cessarily  offensive  to  Him,  and  subversive  of  sound  moral 
ity,  so  much  of  Special  Order  No.  31,  June  IS,  1864,  as  re 
quires  public  prayer  to  be  pmnounced  in  behalf  of  the 
President  of  the  United  States  and  the  Union  is  suspended 
until  further  orders;  leaving  all  persona  conducting  divine 
worship  at  liberty  to  nvmifest  such  measure  of  hostility  as 
they  may  feel  against  the  Government  and  Union  of  these 
States,  and  their  sympathy  with  the  rebellion,  by  omitting 
such  supplication,  if  so  minded. 

By  order  of  Brig.  Gen.  M.  Brayman : 

J.  II.  ODLIN, 
Assistant  Adjutant  General. 

The  case,  on  reaching  Washington,  was  re 
ferred  to  Major  General  Canby,  Commanding 


542 


APPENDIX. 


Department,  by  whom  no  further  action  appears 
to  have  been  taken. 

THE  DEPARTMENT  OF  THE  GULF. 

ORDERS   OF    MAJOR    GENERAL    BUTLEU. 

NEW  ORLEANS,  May  13, 1862. 
[Gnerciui,  ORDER  No.  27.] 

It  having  come  to  the  knowledge  of  the  commanding 
general  that  Friday  next  is  observed  as  a  day  of  fasting  and 
prayer,  in  obedience  to  some  supposed  proclamation  of  one 
Jefferson  Davis,  in  tlic  several  churches  of  this  city,  it  is 
ordered  that  no  such  observance  bo  had. 

Churches  and  religions  houses  are  to  he  kept  open  as  in 
tune  of  profound  peace,  but  no  religions  exercises  arc  to  be 
had  upon  the  supposed  authority  above  mentioned. 
By  command  of  Major  General  Butler. 

Oi  FIOE  MILITARY  COMMANDANT  NEW  ORLEANS, 

CITY  HALL,  May  28,  1802. 
[GENKRAL  ORDERS.] 

Hereafter,  in  the  churches  in  the  city  of  New  Orleans, 
prayer  Will  not  be  offered  np  for  tho  destruction  of  the 
»:nion  or  Constitution  of  the  United  States,  for  the  success 
of  rebel  armies,  for  the  Confederate  States,  so-called,  or  any 
officers  of  the  same,  civil  or  military,  in  their  official  ca 
pacity. 

YV  bile  protection  will  be  afforded  to  all  churches,  religious 
houses  and  establishments,  and  religious  services  are  to  be 
held  as  ia  time  of  profound  peace,  this  protection  will  not  bo 
allowed  to  be  perverted  to  the  upholding  of  treason,  or  ad 
vocacy  of  it  in  any  form.  Where  thus  perverted,  it  will 
be  withdrawn. 

G.  P.  SIIEPLEY,  Military  Commandant. 

Rev.  Drs.  Leacock  and  Goodrich,  and  Mr 
Fulton,  of  the  Episcopal  churches,  declined 
to  read  ^the  prayer  for  the  President  of  the 
United  States;  and  they  were  sent  to  New 
York  by  the  next  steamer.  Some  weeks  after, 
they  returned  to  New  Orleans,  but,  Gen.  Banks 
requiring  the  oath  of  allegiance  as  a  condition 
of  landing,  they  returned  to  New  York. 

DEPARTMENT  OF  THE  TENNESSEE. 

ORDERS    OF    MILITARY    GOVERNOR    ANDREW  JOHN 
SON. 

STATE  OF  TENNESSEE,  EXECUTIVE  DEPARTMENT, 

NASHVILLE,  June,  28, 1862. 
Lieut.-Col.  II.  W.  McCLAiN,  Acting  Provost  Marshal: 

Sin  :  llev.  Drs.  Howell,  Ford,  Sehon,  Sawrie,  and  Bald 
win  are  under  arrest,  and  they  are  hereby  placed  in  your 
custody. 

Should  they  desire  to  give  evidence  of  their  loyalty  by 
taking  the- oalh  of  allegiance  and  giving  their  individual 
bonds  in  the  sum  of  $5.000  each  for  tho  faithful  observance 
thereof,  they  will  be  permitted  to  do  so,  and  their  release 
ordered  accordingly. 

If,  however,  it  is  their  determination  not  to  give  such 
evidence  of  loyalty,  they  will  be  committed  to  prison,  there 
to  remain  until  arrangements  are  completed  for  their 
transportation  South,  beyond  the  Federal  lines,  there  to  be 
le!t,  with  the  distinct  understanding  that  if  they  recrossor 
<;omo  again  within  said  lines  during  the  existing  rebellion, 
they  will  be  considered  spies  and  dealt  with  accordingly 
Very  respectfully, 

ANDREW  JOHNSON,  Military  Governor. 

EXECUTIVK  DEPARTMENT,  June  28, 1862. 
Lieut -Col.  McCLAiN,  Acting  Provost  Marshal: 

Sin:  I  have  to  request  that  you  will  issue  stringent  or 
ders  prohibiting  all  visitors  to  the  members  of  the  clergy 
this  day  sent  as  prisoners  to  the  penitentiary,  except  such 
a;i  have  special  permission  from  me  for  that  purpose;  and 
I  would  add,  this  privilege  should  be  granted  only  for  good 
and  sufficient  reasons.  I  would  suggest  that  no  encour 
agement  should  be  giveji  to  that  secession  spirit  and  feeling 
which  are  manifested  1#  numerous  offerings  of  delicacies, 
Ac.,  by  flympathi/.ing  rebel  friends. 

These  men  wore  not  sent  to  the  penitentiary  there  to  be 
kept  as  objects  of  especial  attention  from  traitors,  nor  to 
be  lionized  by  a  class  of  people,  who,  if  properly  dealt  with 
won  d  be  allowed  tho  privilege  of  expressing  their  sym 
pathy  only  within  the  same  place  of  confinement. 

They  are  there  as  enemies  of  our  Government,  and  as 


such  are  entitled  and  should  receive  such  consideration 
only  as  attaches  to  a  person  guilty  of  so  infamous  a  crime. 
Very  respect fullv, 

ANDREW  JOHNSON,  Military  Governor. 
On  the  29th  of  June  Rev.  C.  D.  Elliott  and 
Dr.  Cheat  ham  were  arrested  and  sent  to  the 
penitentiary.  All  of  these  ministers,  except 
Dr  Howell,  were  subsequently  sent  through 
the  lines. 

THE    DEPARTMENT    OF   VIRGINIA. 

ORDER    OF    BRIO.    GEN.    WILD,    AT  NORFOLK. 

NORFOLK,  VA.,  Feb.  11, 1S64. 
[GENERAL  ORDERS  No.  3.] 

All  places  of  public  worship  in  Norfolk  and  Portsmouth 
are  hereby  placed  under  the  control  of  the  provost  mar 
shals  of  Norfolk  and  Portsmouth  respectively,  who  *hall 
see  the  pulpits  properly  filled  by  displacing,* when  neces 
sary,  the  present  incumbents,  and  substituting  men  of 
known  loyalty  and  the  same  sectarian  denomination,  either 
military  or  civil,  subject  to  the  approval  of  the  commanding 
general.  They  shall  see  that  all  churches  are  op.-n  freely 
to  all  officers  and  soldiers,  white  or  colored,  at  the  usual 
hour  of  worship,  and  at  other  times,  if  desired;  and  they 
shall  see  that  no  insult  or  indignity  be  offered  to  them 
either  by  word,  look,  or  gesture  on  the  part  of  the  congre 
gation.  Tho  necessary  expenses  will  be  levied  as  far  as 
possible,  in  accordance  with  the  previous  usages  or  regula 
tions  of  each  congregation  respectively. 

No  property  shall  be  removed,  either  public  or  private 
without  permission  from  these  headquarters. 

By  command  of  Brigadier  General  K  A.  Wild. 

CASE  OF  REV.  JAMES  D.   ARMSTRONG. 

WAR  DEPARTMENT,  BUREAU  OF  MILITARY  JUSTICE, 

April  30,  1864. 
To  Hon.  E.  M.  STANTON,  Secretary  of   War: 

In  the  case  of  Rev.  James  D.  Armstrong,  of  Norfolk 
Va.,  I  have  the  honor  to  submit  the  following  report  : 

This  person  having  been  piacwl  at  hard  labor  on  the 
public  works  by  Major  General  Butler,  in  March  last,  as  a 
punishment  for  his  disloyalty,  an  appeal  in  his  behalf  bv 
hissister,  residing  in  Orange  Co.,  New  York,  was  addressed 
to  the  Secretary,  and  the  case  thereupon,  at  the  mggcstion 
of  this  office,  referred  to  General  Butler  for  report. 

From  this  report  of  tho  9th  inst.,  it  appears  that  Arm 
strong,  who  has  been  for  some  years  a  Presbyterian  clergy 
man  at  Norfolk,  took  and  subscribed  about  February  last, 
the  oath  of  allegiance  to  the  United  States  which  is  pub 
lished  in  General  Order  No.  49,  of  Headquarters  of  Depart 
ment  of  Virginia  and  North  Carolina,  December  10,18(53; 
in  which  he  "solemnly  swore,  in  the  presence  of  Almighty 
God,"  as  follows :  That  ho  would  li  henceforth  faithfully  sup 
port,  protect  and  defend  the  Constitution  of  the  United 

at.'*,  and  the  Union  of  the  States   thereunder:"  that  lie 


would ''abide  by  and  faithfully  support  ;ill  acts  of  Congress 
passed  during  tho  existing 'rebellion  with  reference  to 
slaves;''  also,  "all  proclamations  of  the  President  of  the 
United  States  made  during  the  rebellion,  having  reference 
to  slaves." 

And  further,  he  gave  his  "  solemn  parole  of  honor  (to  be 
enforced  according  to  military  law)"  that  he  would  "hold  no 
correspondence  with  or  afford  any  aid  or  comfort  to  any 
enemies  or  ojiposers  i>f  the  United  States,  save  as  an  act  of 
humanity." 

And  ho  further  "solemnly  declared  that  this  oath  ond 
parole  were  taken  and  given  fully  and  willingly,  and  with 
out  any  mental  reservation  or  evasion  whatever,  and  with 
full  intention  to  keep  the  same." 

It  being  suspected  however,  thnt  he  had  practically 
i( dated  this  oath,  Ac.,  and  was  a  disloyal  and  dangerous 
person,  Armstrong  was  summoned  before  an  aide-de-camp 
of  tho  General  commanding,  and  subsequently  before  the 
General  himself,  and  subjected  to  an  examination  in 
regard  to  his  feelings,  sympathies  and  actions  as  a  man  of 
professed  loyalty. 

From  his  answers  to  the  questions  addressed  to  him,  it 
fully  appears  as  follows:  That  he  took  the  oath  in  accord 
ance  with  the  Scriptural  injunction  to  obey  the '•  powers 
that  be,"  and  with  the  intention  of  keeping  it  as  far  as  his 
actions  were  concerned;  but  that  at  the  same  time  he  could 
not  control  his  feelings. 

That  when  a  friend  of  his,  in  coining  out  of  the  Custom 
House  at  Norfolk,  aff.er  both  had  taken  tho  oath  together, 
exclaimed  that  ho ''would  liko  to  spit  upon  the  Northern 
Yankees,"  hedid  not  rebuke  him,  because  ho  considered  that 
he  took  the  oath-' with  the  same  view  as  himself." 

That  his  sympathies  have  always  been  with  the  rebels. 
That  he  thinks  the  South  entirely  justified  in  beginning 


APPENDIX. 


543 


»nd  continuing   the   war;  and   believes   that  the  Confed 
eracy  should  Lo  recognized  as  an  independent  Government 
That  he  does   not  regard   Jefferson   Davis   and   his  as 
eodates  as  traitors,  or  as  deserving  any  punishment. 

That  he  believes  that  human  slavery  is  sanctioned  bv  the 
Bible. 

That  he  has  never  opened  his  church  on  the  days  of  fa.st 
or  thanksgiving  appointed  by  the  President,  but  has 
opened  it  for  meetings  of  prayer  on  days  designated  by  Da 
vis,  of  the  so-called  Southern  Confederacy  ;  that  ho  has  de 
termined  never  to  pray  that  the  President  or  the  military 
&c.,  authorities  may  be  successful  in  putting  an  end  to  the 
rebellion;  that  since  the  war  he  has  never  preached  a  ser 
mon  in  his  church  favorable  to  the  Union  cause  ;  and  that 
he  would  newr  allow  any  other  minister  to  pray  there  for 
the  Union  and  against  the  rebels;  but  that  he  has  himself 
prayed  for  ••  the  authorities  over  us,"  meaning  the.  President 
of  the  United  States,  &c. 

That  lie  did  not  regret  the  federal  loss  at  Smithflcld  a  few 
weeks  since. 

From  these  admissions,  which  constitute  the  only  evi 
dence  presented,  it  would  appear  that  Armstrong,  except  in 
the  case  of  calling  prayer  meetings  in  his  church  in  obedi- 
enco  to  the  requirements  of  the  rebel  Davis,  has  not  com 
mitted  what  are  commonly  regarded  overt  acts  of  positive 
disloyalty,  but  has  violated  his  oath  rather  in  sentiment 
and  feeling  than  in  the  open  expiession,  by  language  or 
der'd,  of  hostility  to  our  Government.  Thero  is,  however, 
doubtless  enough  in  these  admissions  to  convict  the  party 
before  a  military  tribunal  of  a  technical  violation  of  his 
oath,  and  probably  other  testimony  could  be  procured 
which  would  present  his  guilt  in  a  still  more  decided  form. 
As  to  his  perfidy  and  bitter  disloyalty  there  can  be  no 
question. 

In  regard  to  Maj.  Gen.  Butler's  manner  of  treatment  in  this 
casv,  it  is  to  be  sn.id,  that  while  a  temporary  confinement  of 
a  suspected  party,  preparatory  to  his  being  brought  to  trial, 
<>r  for  other  necessary  purpose,  is  customary  ami  allowable, 
there  is  believed  to  be  no  precedent  in  our  service  for  the 
imposition  by  a  commanding  general  of  a  formal  punish 
ment,  and  especially  (as  in  the  present  case)  of  an  infamous 
punishment,  without  any  trial  whatever.  The  military 
law,  in  providing  a  just  and  summary  mode  of  trial,  al«o 
provides  for  tue  proper  punishment  of  all  military  offences, 
and  the  case  must  be  extremely  laro  in  which  thislaw can 
not  be  more  properly  appealed  to  for  the  infliction  of  such 
punishment  than  the  will  of  the  general  commanding 

It  is  advised,  therefore,  that  Armstrong  either  be  brought 
to  trial  by  military  commission  lor  a  violation  of  his  oath 
and  parole  of  honor,  or  sent  beyond  our  lines  as  a  dangerous 
Character.  General  Butler  represents  that  his  society  and 
influence  were  more  prejudicial  to  the  interests  of  the 
United  States  in  his  neighborhood  than  a  company  of  rebel 
cavalry  would  have  been  ;  and  his  banishment  to  the  ene 
my's  country  would  be,  not  a  punishment,  but  a  measure  of 
police  regulation  sanctioned  by  the  exigencies  of  war,  and 
most  proper  to  be  employed  in  the  present  instance. 

J.  HOLT, 
Judye  Advocate  General. 

Proposed  Action  in  Congress. 

First  Session,  Thirty-eighth  Congress. 
18G4,    M-irch   31— Mi-.    POWELL    offered    this 
resolution  : 

firwlved,  That  the  Secretary  of  War  be  directed  to  trans 
mit  to  the  Senate  all  orders  that  have  been  issued  from  his 
department,  or  by  generals  of  the  army  of  the  United 
States,  authorizing  any  person  or  persons  to  tako  posses 
Bion  of  any  church  or  dmrches,  or  house  dedicated  to  tho 
worship  of  God,  or  house  or  property  belonging  to  any 
hi.iue  or  foreign  mission  society,  or  houses  und  property 
belonging  to  any  denomination  of  Christians  in  the  United 
States;  and  that  he  inform  the  Senate  bow  many  churches 
and  how  much  property,  ami  of  what  kind  and  description, 
has  been  taken  possession  of  in  pursuance  of  said  orders, 
and  where  the  same  is  situated,  and  to  what  denomination 
of  Christians  the  property  so  taken  belonged. 

April  f) — The  resolution  was  tabled — yeas 
-7.  ntiy*  11.  as  follows: 

YEAS— Messrs.  Anthony,  Clark,  Collamer,  Conness,  Dix- 
on,  Doolittle,  Fessenden,  Foot,  Grimes,  Hale,  Harding,  llar- 
!un,  Iiarri>.  Howard,  Howe,  Lane  of  Indiana,  Lane  of  Kan 
sas,  Morgan.  Morrill,  Ramsey,  Sherman,  Sprague,  Sumner 
Ten  Eyck,  Trumbull,  Wade.  \Vilsou-27. 

N  \*s— Meswrs.  Buckalew.  Ck/-/t7t,Cowan,  Davis,  Johnson, 
Pomeroy,  Powell,  Riddle,  Saulsbury,  Van  Winkle,  \Villey— 
Itj. 

July    1 — Mr.    POWELL    introduced   this  bill, 


which  was  referred  to  the  Commit'ee  on  the  Ju 
diciary  : 

Be  it  enact&l,  <£c.,  That  it  shall  not  be  lawful  for  the  Se 
cretary  of  War,  or  any  other  person  who,  for  the  time  being, 
may  be  acting  as  Secretary  of  War,  or  any  officer  of  the 
army  of  the  United  States,  or  other  person  engaged  in  the 
military  service  of  tho  United  States,  to  take  charge  of  any 
church  or  house  of  public  worship,  in  any  State  or  Territory 
of  the  United  States,  with  a  view  of  dismissing  a  minister 
therefrom,  or  of  appointing  a  minister  thereto,  or  installing 
a  minister  therein;  and  that  it  shall  not  be  lawful  for  the 
Secretary  of  War,  or  any  person  for  the  time  being  who 
may  be  acting  as  Secretary  of  War,  or  any  officer  of  the 
army  of  the  United  States,  by  proclamation,  order,  or 
otherwise,  to  appoint  or  designate  any  person  or  persons  to 
take  charge  of  any  church  or  house  of  public  worship  fur 
the  purposes  aforesaid.  And  the  Secretary  of  War.  or  any 
person  who  for  the  time  being  may  be  acting  as  Secretary 
of  War,  or  any  officer  of  the  army  of  the  United  States,  <>V 
other  person  engaged  in  the  military  service  of  the  United 
States,  who  violates  this  act,  shall,  for  every  such  offence, 
be  liable  to  indictment  as  for  a  misdemeanor,  in  any  court 
of  the  Unit.'d  States  having  jurisdiction  to  hear,  try,  and 
determine  cases  of  misdemeanor:  and  on  conviction  thereof 
shall  pay  a  fine  not  exceeding  tea  thousand  dollars,  and 
suffer  imprisonment  in  tho  penitentiary  not  more  than  ten 
years  at  the  discretion  of  the  court  trying  the  same.  And 
any  person  convicted  as  aforesaid  shall  moreover  be  dis 
qualified  from  holding  any  office  of  honor,  profit,  or  trust 
under  the  Government  of  the  United  States. 

Reconstruction  of  Churches. 

CHURCHES  IN  NEW  ORLEANS. 

THE    EPISCOPAL    CHUKCHfcS. 

HEADQUARTERS  DEPARTMENT  OF  THE  GULF, 
OFFICE  OF  PROVOST  MARSHAL  GENERAL. 

NEW  ORLEANS,  June  3, 1864. 
To  the  Wardens  and  Vestrymen  of  St.  Peter's  Church  : 

By  orders  of  the  Major  General  commanding,  you  will 
please  furnish  me  as  follows  : 

1st.  List  of  Wardens,  Vestrymen,  and  Trustees,  with  date 
and  mode  of  appointment,  and  present  residence. 

2d.  List  of  pew-holders,  and  others  who  have  contributed 
statedly  to  the  support  of  the  Church,  the  rector,  or  the 
officiating  minister,  with  the  amounts  contributed  by  each, 
and  sums  yet  due;  and  the  names  of  such  other  heads  of 
families,  or  other  adults,  who  by  their  stated  attendance 
may  have  been  regarded  as  members  of  the  congregation 
during  the  period  aforesaid,  with  their  places  of  residence. 
3d.  An  account  in  detail  of  all  financial  transactions,  and 
the  present  pecuniary  condition  ( f  the  corporation,  with  ail 
inventory  of  church  buildings  and  their  valuation. 
Very  respectfully, 

JAMES  BO  WEN,  Brig.  Gen., 
Provost  Marshal  General,  Department  of  the  Gulf. 

HEADQUARTERS  DEPARTMENT  OF  THE  GULP, 
OFFICE  OF  PROVOST  MARSHAL  GENERAL, 

NEW  ORLEANS,  June  15, 1864. 
Major  GEORGE  B.  DRAKE,  A.  A.  General: 

In  compliance  with  orders  from  Department  Headquar 
ters,  I  respectfully  report  that  the  Episcopal   Churches  in 
which  tho  prayers  for  the  President  and  Congress  were  not 
read  prior  to  1st  March,  were,  viz  : 
St.  Paul's, 
St.  Peter's, 
Trinity. 

On  the  1st  March,  after  due  notice,  I  appointed  the  fol 
lowing  Trustees  in  St.  Peter's  Church,  in  place  of  the  War 
dens  and  Vestrymen  : 

Win.  Lewis, 
John  Brooks, 
James  Jackson, 
Henry  Iloulgrone, 
John  Ilojdgrone. 

By  consent  of  the  Post  Chaplain,  and  with  my  approval, 
the  Rev.  Mr.  A.  V alias  was  authorized  to  act  as  the  officia 
ting  clergyman.  On  the  Oth  April  the  Rev.  Mr.  L.  T.  Jus- 
sup,  clergyman  of  Trinity  Church  resigned,  and  the  Rev. 
Mr.  Vallas  succeeded  him.  In  both  of  the  churches  the 
prayers  for  the  President  and  for  Congress  are  read.  The 
Rev.  Mr.  Vallas  officiates  in  one  in  the  mornin"  and  the 
other  in  the  evening. 

The  prayers  for  the  President  and  for  Congress  were 
omitted  in  the  services  of  St.  Paul's  Church  till  tlie  10th  of 
April.  Since  that  date  they  have  been  read  regularly  bv  the 
officiating  clergyman,  the  Rev.  Mr.  Guion. 

I  respectfully  submit  the  papers  of  the  Wardens  of  St. 
Paul's  and  St.  Peter's  Churches,  and  the  letters  of  the  Rev. 


544 


APPENDIX. 


Mr.  Vallas  in  respect  to  the  financial  condition  of  these 
Ol  lurches. 

1  was  informed  by  the  Rev.  Dr.  Newman,  that  at  a  small 
Episcopal  Church  in  Algiers,  conducted  by  an  alien  clergy 
man,  the  prayers  for  the  President  and  for  Congress  were 
not  read,  and  I  directed  the  church  to  be  closed. 

This  is  the  only  Episcopal  church  in  New  Orleans,  or  in 
its  vicinity,  in  which  the  above-mentioned  prayers  are  not 
read. 

I  am,  Major,  very  respectfully,  your  obedient  servant, 

JAMES  BOWEN.Bnp.  Gen., 
Provost  MarslMl  General,  Department  of  the  Gulf. 

PRESBYTERIAN    CHURCHES. 

To  Brigadier  General  JAMES  BOWEN,  Provost  Marshal  Gen 
eral,  Department  of  the  Gulf: 

We.  the  undersigned,  a  Committee  appointed  by  you  to 
"ascertain  ;md  report  the  names  of  the  trustees  of  the  sev 
eral  Presbyterian  and  Baptist  churches  in  this  city,  Algiers, 
and  Carrolltun,  and  whether  ih<;  t-ustees  of  these  churches 
have  taken  the  oath  of  allegiance  to  the  United  States,''  <fcc., 
do  respectfully  report : 

That  in  accordance  with  said  order,  your  Committee  pro 
ceeded  to  the  performance  of  their  duties,  the  result  of 
which  is  presented  in  a  tubular  form  hereto  annexed,  to 
which  they  refer  for  the  particulars  connected  with  said  in 
vestigation  as  it  respects  the  officers  of  paid  churches,  their 
present  residence,  their  status  as  to  loyalty,  oath,  &c.  That 
in  the  investigation  which  has  lieen  made  by  your  Commit 
tee,  commencing  with  the  First  Presbyterian  Church,  they 
report  that  this  church  was  originally  incorporated  March 
1,  1S34,  under  the  corporate  name  of  the  "Presbyterian 
Church  of  the  City  and  Parish  of  New  Orleans;"  that  on 
the  2Slh  of  February,  1854,  an  amendment  of  said  aet  was 
passed,  in  which  amended  act  the  title  of  said  church  vras 
change* I  to  the  •'  First  Presbyterian  Church  and  Congrega 
tion  of  the  City  and  Parish  of  New  Orleans,"  that  in  said  act 
the  second  section  thereof  reads  as  follows  : 

'•That  said  corporation  shall  h.'ive  power  to  elect  from 
their  own  body,  who  own  or  rent  pews  in  said  church, 
trustees  to  represent  them  in  their  temporal  affairs  or  con 
cerns,  and  that  the  said  trustees  shall  consist  of  five,  and 
shall  have  power  to  make  and  establish,  from  time  to  time, 
such  by-laws  and  regulations  as  they  shall  judge  proper  for 
the  election  of  their  own  officers,  ^1  for  supplying  the  va 
cancies  which  may  occur  among  the  same,  fur  regulating  the 
time  and  places  of  meeting  of  said  trustees  or  members 
composing  said  corporation,  &c.,  and  for  the  government 
and  management  of  the  temporal  affairs  of  said  corporation, 
and  generally  for  the  transaction  of  all  the  temporal  con 
cerns  of  said  corporation  of  every  kind :  Provided,  that 
Kiich  by-laws  and  regulations  are  not  inconsistent  with  the 
Constitution  and  Laws  of  the  United  States,  or  with  those  of 
this  State,  or  with  the  provisions  of  this  act;  and  provided, 
rfZ.sv),  that  no  sale  or  other  alienation  of  any  of  the  property 
of  said  corporation,  except  the  pews  of  the  church,  shall  be 
valid  and  legal,  without  the  written  concurrence  and  con 
sent  of  all  the  then  ruling  elders  of  the  said  First  Presby 
terian  Church. 

"  S^C.  o.  That  the  said  church  shall  be  governed  in  its  ec 
clesiastical  affairs  by  the  doctrine,  discipline,  rules,  and  reg 
ulations  of  the  Presbyterian  Church  of  the  United  States, 
known  and  designated  as  the  Old  School  Presbyterian 
Church,  the  General  Assembly  of  which  held  its  last  an 
nual  session  in  the  City  of  Philadelphia  and  State  of  Penn 
sylvania." 

That  the  Rev.  B.M.  Palmer,  of  South  Carolina,  was  in 
stalled  as  the  pastor  of  this  church  sometime  in  the  year 
185C>,  and  continued  so  to  act  until  some  time  in  the  year 
1SG1,  when  he,  together  with  a  largo  number  of  the  mem 
bers  arid  congregation  of  said  church,  left  for  the  Confed 
eracy,  and  have  not  tiuce  returned;  that  the  relation  of 
said  pastor  with  said  church  has  never  been  dissolved ;  that 
the  said  Palmer,  as  late  as  about  the  month  of  May  last, 
attended  a  meeting  of  the  so-called  ''General  Assembly  of 
the  Confederate  States,''  as  the  representative  of  said  church: 
that  he,  together  with  six  out  of  eight  of  the  ruling  elders 
of  said  church  are  "rebels,''  in  the  largest  sense  of  that 
word;  that  of  said  elders  there  is  only  one  reliable  Union 
man,  to  wit :  J.  A.  Mabin;  that  of  the  live  trustees,  one  has 
resigned;  one  is  said  to  have  acted  with  the  Confederate 
authorities  in  their  action  against  northern  men;  that  the 
remaining  trustees,  though  having  taken  the  oath  of  alle 
giance  to  tho  United  States,  covertly  act  with  the  enemies 
of  that  Government. 

The  pecuniary  condition  of  the  church  is  as  follows  : 
There  is  a  mortgage  debt  against  the  church  of  $10,000, 
which  is  held  by  the  French  house  of  Rochereau  &  Co.,  of 
this  city ;  the  interest  for  the  past  three  years  is  also  due 
and  unpaid.  The  church  property  is  insured  for  the  sum  of 
$70.000. 

Your  Committee  further  report,  that  the  Third  Presbyte 
rian  Church  was  incorporated  and  chartered  in  the  year 


1847  or  1848 ;  that  your  Committee  have  been  unable  to  ob 
tain  the  precise  date  of  said  charter;  that  the  said  chart-,-! 
contains  the  same  provisions  in  relation  to  officers,  organi 
zation  and  government  as  that  of  the  First  Presbyterian 
Church;  that  in  regard  to  said  officers  and  their  present 
position,  Ac.,  your  Committee  refer  to  the  tabular  state 
ment  hereto  annexed. 

This  church  is  encumbered  with  a  debt  of  $10,000,  se 
cured  by  mortgage  in  favor  of  the  ho'-,se  of  Rocln  rcau  & 
Co.,  above  referred  to;  that  there  is  also  a  debt  of  $2.000, 
due  to  the  Citizen's  Bank  of  this  city,  secured,  as  j-our  Com 
mittee  believe,  by  a  mortgage ;  that  there  is  also  a  debt  of 
$1,000,  due  to  a  loyal  lady  named  .Miss  Clark,  a  resident  of 
New  York  city  ;  that  1  he  said  debts,  with  the  interest  there- 
on,  amount  to  about  $15,000,  most  of  which  in  due  to  dis 
loyal  foreigners  and  citizens. 

Your  Committee  further  report  that  the  Fourth  Presby 
terian  Church  is  an  incorporated  body  under  a  charter  sim 
ilar  in  all  respects  to  that  of  the  churches  above  mentioned. 
Your  Committee  have  been  unable  to  ascertain  the  indebt 
edness  of  this  church,  but  they  are  informed  that  there  is  a 
debt  existing  against  it  in  favor  of  the  same  parties  who 
hold  the  large  incumbrances  on  the  other  churches  above 
mentioned. 

Your  Committee  further  report,  that  the  church  known 
as  the  Prytania  Street  Presbyterian  Church,  in  all  respects 
in  the  particulars  above  specified,  is  similarly  situated  as 
the  other  churches  mentioned  in  this  report. 

Each  of  these  churches,  through  its  officers  and  a  large 
majority  of  its  members,  identified  themselves  with  the  ex 
isting  rebellion, .attempting  n  disseverance  from  that  loyal 
body  of  men  known  as  the  "General  Assembly  of  the  Pres 
byterian  Church,"  who,  at  its  session  in  1801,  so  nobly  and 
patriotically  sustained  our  glorious  Government  and  its  au 
thority  ;  that  shortly  after  that  time  those  churches  con 
nected  themselves  with  what  has  been  called  the  "  General 
Assembly  of  the  Confederate  States,"  a  body  without  any- 
right  for  its  establishment  or  continuance,  or  the  recogni 
tion,  if  any,  of  any  competent  authority,  having  the  power 
so  to  do;  that  since  the  occupation  of  the  city  of  New  Or 
leans  by  the  United  States  Government,  these  churches, 
through  some  chicane  and  secret  action,  have  each  con 
stituted  themselves  into  an  independent  Presbyterian 
Church,  thus  attempting  to  carry  out  the  false  principle  of 
secession,  and  contrary  to  the  charter  under  which  they  are 
severally  organized. 

Your  Committee  would  also  state  that  these  Churches, 
except,  the  one  known  as  the  Second  Presbyterian  Church, 
so  far  as  their  pulpit  supply  is  concerned,  are  virtually  va 
cant — that  is,  they  have  no  regular  or  stated  pastor :  that 
they  semetimes  have  services,  conducted  by  laymen ;  that 
there  are  many  members  of  said  churches  of  undoubted 
loyalty,  who  strongly  suspect  most,  if  not  all.  the  church 
officers,  who  yet  remain  in  this  city  and  have  not  departed 
for  the  Confederacy  and  elsewhere,  of  strong  sympathies  for 
therebellion,  which  has  produced  so  much  terrible  suffering 
and  devastation  throughout  our  land :  that  these  loyal 
Presbyterians  do  not  feel  at  home  among  these  churches, 
andthave  often  been  insulted  for  their  loyalty;  that  thesf 
loyal  people  arc  anxious  to  open  these  churches  to  minis 
ters  of  approved  loyalty;  that  applications  have  been  made 
to  some  of  the  disloyal  and  unworthy  officers  now  connected 
with  said  churches  by  loyal  ministers  of  the  Presbyterian 
Church  to  allow  them  to  officiate  in  their  churches,  and  have 
been  refused. 

Your  Committee  further  report  that  these  churches. 
since  their  organization,  have  been  connected  with  and  rep 
resented  in  the  General  Assembly  named  in  their  respec 
tive  charters,  until  just  prior  to  the  breaking  out  of  the 
said  rebellion,  when,  without  the  consent  or  authority 
of  said  Assembly,  they  dissevered  themselves  therefrom  by 
illegal  and  unauthorized  proceedings  on  their  part;  that 
the  said  "General  Assembly  of  the  Presbyterian  Church  ot 
the  United  States  of  America,"  as  the  highest  judicatory  ot 
said  Church,  under  the  5th  article  of  chapter  1'2  of  the 
Form  of  Government  of  said  Church,  has  the  power  '•  of  re 
proving,  warning,  or  bearing  testimony  against  error  in 
doctrine  or  immorality  in  practice  in  any  church,  presby 
tery,  or  synod ;  of  superintending  the  concerns  of  the  whole 
Church,"  <fec., of  which  powers,  your  Committee  believe,  they 
have  never  been  deprived  by  any  action  of  said  churches, 
and  are  amply  sufficient  to  enable  the  said  Assembly,  at  the 
proper  time  and  through  the  proper  representation,  to  deal 
with  the  recusant  members  of  their  body  and  correct  the 
evils  which  have  existed,  an.l  at  present  exist,  but  that  it 
is  necessary  for  some  other  authority  to  take  present  ac 
tion  with  strong  hand  in  aid  of  loyalty,  so  that  the  neces 
sary  proceedings  may  be  initiated  by  which  said  Assembly 
may  obtain  such  information  as  will  enable  it  to  act  upon 
the  powers  inherent  therein,  a  portion  of  which  are  above 
specified. 

Your  Committee  would  also  refer  to  the  annexed  order  of 
the  War  Department  in  relation  to  the  action  of  lli*>  .-Mili 
tary  officers  of  this  and  other  departments  coucciuiuj;  IU» 


APPENDIX. 


545 


churches  of  the  Presbyterian  denomination,  which  is  be 
lieved  by  your  Committee  will  authorize  them  to  accom 
plish  the  result  herein  proposed,  to  wit:  the  immediate  oc 
cupation  of  these  churches  by  the  persons  specified  in  said 
order,  or  any  others  duly  authorized  by  said  General  As 
sembly,  through  whom  these  churches  may  be  re-organized 
by  loyal  officers,  members,  and  congregations,  and  thus 
bring  about  that  consummation  so  devoutly  to  be  wished, 
viz:  a  resumption  of  the  proper  and  legitimate  authority  of 
suid  denomination,  and  thereby  work  a  wholesome  influ 
ence  in  favor  of  the  noblest  Government  ever  devised  by 
man. 

All  which  is  respectfully  submitted. 

ROBERT  II.  SHANNON, 
CHARLES  STRONG, 
NEW  ORLEANS,  August  7, 1864.  Committee. 

WAR  DEPARTMENT, 
ASSISTANT  ADJUTANT  GENERAL'S  OFFICE, 

WASHINGTON,  March  10, 1864. 
To  the  Generals  commanding  the  Military  Division  of  the 


Mississippi  and  the  Departments  of  the  Gulf,  of  the  South, 
and  of  Virginia  and  North  Carolina,  and  all  Geneiuls  and 
officers  commanding  armies,  detachments,  and  posts,  and 
all  officers  in  the  servico  of  the  United  States  in  the  above 
mentioned  Departments.  The  Board  of  Domestic  Missions 
of  the  Presbyterian  Church,  and  the  Presbyterian  Com 
mittee  of  Home  Missions,  enjoy  the  entire  confidence  of  this 
Department,  and  no  doubt  is  entertained  tliat  all  ministers 
who  may  be  appointed  by  them  will  be  entirely  loyal. 

You  are  expected  to  permit  such  ministers  of  the  gospel, 
bearing  a  commission  of  the  "  Board  of  Domestic  Missions, 
or  of  the  Presbyterian  Committee  of  Home  Missions"  of 
the  Presbyterian  Church,  who  may  convince  you  that  their 
commissions  are  genuine,  to  exercise  the  functions  of  their 
office  within  your  command,  and  to  give  them  all  the  aid, 
countenance  and  support  which  may  be  practicable,  and  in 
your  judgment  proper,  in  the  execution  of  their  important 
mission. 

By  order  of  the  Secretary  of  War. 

E.  D.  TOWN  SEND, 
Assistant  Adjutant  General. 


Table  referred  to  in  the  foregoing  Report. 


CHURCH  AND   LOCATION. 

NAME3. 

OFFICERS, 

to. 

OATH. 

WHERE  NOW  ARE. 

REMARKS. 

First  Presbyterian  Church, 

B  31   Palmer 

Pastor 

No... 

In  the  Confederacy. 

Trustee  . 

Yes.. 

New  Orleans  

Has  resigned  —  resig 

J  K  Collins 

do 

Yes.. 

New  Orleans  

nation     not     yet 
accepted. 

Secessionist. 

W  II  Thomas  

do  

Yes.. 

New  Orleans  

do. 

E.  II.  Wheeler  
J  A   Mabin     

do  
R.  Elder.. 

Yes.. 
Yes.. 

New  Orleans  
New  Orleans. 

do. 

E  S   Keep 

do  

Yes  .. 

New  Orleans  

Secessionist. 

Dr.  W.  Richardson  

Wm   Black 

do  
do  

No... 

NO- 

In  the  Confederacy. 
In  the  Confederacy. 

W  P  Campbell 

do 

NO 

England  

By  permission  of  Gen 

John  T.  Hardy  
Wm   A  Bartlett 

do  

do 

No  ... 
No 

In  the  Confederacy. 
In  the  Confederacy. 

Butler. 

do  

NO- 

In  the  Confederacy. 

gec'd  Presbyterian  Church, 
corner  of  Calliope  and 
Prytania. 

Third  Presbyterian  Church, 
Royal  street,  opposite 

This  church  is  now  in  pos 
session  of  the   military 
authorities,  and  no  names 
could  be  obtained. 

Henry  Smith  . 

Pastor  . 

NO  .. 

In  the  Confederacy. 

This  church  belongs 
to  J.  W.  Stan  ton, 
formerly    of    this 
city,  now  in  Con 
necticut. 

W.  C.  Raymond  

Trustee  ... 

Yes  .. 

New  Orleans  

Secessionist 

J.  T.  Warner  

do  
do 

Yes.. 
Neut 

New  Orleans. 
New  Orleans  

Fourth  Presbyterian  Church 
on  Gasquet  street  

W.  C.  Raymond  
Frederick  Stringer  

G  L  Moore  

Elder  
do  

Pastor.... 

Oath. 
Yes.. 
No... 

No  ... 

New  Orleans  
In  the  Confederacy. 

In  the  Confederacy.. 

Secessionist. 
Supposed       to      b« 

J.  R.  Young  

Trustee  & 

Yes.. 

New  Orleans. 

preaching  in  Mobile. 

Alex.  McVicker  

Elder. 
do  

Yes.. 

New  Orleans. 

James  Causley  
George  Waterman  

do  
do  

Yes.. 
Yes 

New  Orleans. 
New  Orleans. 

Wm.  Wilson  

do  
do 

Yes.. 

New  Orleans. 

Prytania  St.  Church,  corner 
of  Prytania  and  Jose- 

Yes 

information  about 
him. 

F.  Wing,  President  

Trustee 

No 

weeks  since. 
In  the  Confederacy. 

not  return. 

A  B  Griswold  Secretary 

do 

Yes 

Lewis  Elkin  

Samuel  E.  Moore  
S.  B.  Newman  
D.  Hadden  
Elijah  Peale  
Moses  Greenwood  

do  

do  
Elder  
do  
do  
do  

No... 

Yes.. 
Yes.. 
No... 
Yes.. 
Yes.. 

Said  to  be  in  Paris... 

New  Orleans  
New  Orleans  
In  the  Confederacy. 
New  York. 
New  York. 

Runaway      English 
man. 
Secessionist. 
Rebel  Syinpathizei. 

CHURCHES    IN    EAST   TENNESSEE. 

On  the  2d  of  September,  1864,  a  meeting  of  the  Union 
Presbytery  was  held  in  Knox  county,  attended  by  three 
ministers  and  the  lay  representatives  of  twelve  congrega 
tions,  and  it  was  unanimously  resolved  to  dissolve  their 
connection  with  the  "  United  Synod  of  the  Presbyterian 
Churrh,"  a  pro-slavery  denomination  which  originated,  in 
1857,  by  secession  from  the  New  School  Presbyterians,  and 
to  reconnect  themselves  with  the  New  School  Presbvte- 
35 


!  rian  General  Assembly.  This  Presbytery  embraces  about 
j  30  churches  with  2.400  communicants,  of  which  20  are  in 
the  counties  of  Blount,  Knox,  and  Jefferson.  The  majority 
of  the  ministers  of  the  Presbytery  had,  in  1857,  effected  an 
ecclesiastical  secession  without  consulting  the  congrega 
tions,  and  all  of  them  who  had  advocated  church  secession, 
with  but  one  exception,  plunged  into  rebellion.  In  May, 
1863,  the  disloyal  majority,  at  a  meeting  of  the  Presbytery, 
passed  a  resolution,  neither  to  license,  nor  to  ordain,  nor  to 
receive  from  another  Presbvterv.  any  man  not  sviunatJuy/- 


546 


APPENDIX. 


ing  with  the  rebel  Confederacy,  or  opposed  to  slaveholding. 
There  were  then  only  four  Union  and  loyal  ministers  be 
longing  to  the  Presbytery,  all  of  whom  were  absent  from 
the  meeting,  and  two  of  whom  soon  after  died.  The  two 
others,  together  with  one  who  has  recanted  his  rebel  sen 
timents,  were  the  ministers  present  at  this  year's  meeting 
of  the  Presbytery.  Two  new  clerical  members  were  added 
to  the  Presbytery,  one  by  ordination,  and  the  other  on 
letter  of  dismission  from  a  Congregational  Association  in 
Michigan. 

At  a  convention  of  loynl  ministers  and  laymen  of  the 
Holston  Annual  Conference  of  the  Methodist  Episcopal 
Church  South,  held  at  Knoxville  on  August  17,  1864,  it 
was  resolved  that  the  loyal  members  of  the  Conference 
haveajust  claim  to  all  the  church  property;  that  they 
really  constitute  the  Southern  Methodist  Church  within  the 
bounds  of  the  Holston  Conference;  that  they  propose,  at 
the  earliest  day  practicable,  to  transfer  the  same  to  the 
Methodist  Episcopal  Church  in  the  United  States;  and  that 
the  ministers  be  instructed  to  propose  to  their  congrega 
tions  to  go  en  masse  to  the  Methodist  Episcopal  Church  in 
the  United  States.  There  are  in  the  bounds  of  the  Holston 
Conference  one  hundred  and  twenty  preachers  known  to  be 
loyal,  and  forty  others  supposed  to  be  true  to  the  Union; 
and  it  is  thought,  therefore,  that  the  work  of  reconstruction 
will  be  easily  accomplished. 

The  Cumberland  Presbyterians  of  the  rebellious  States, 
though  very  numerous,  have  never  succeeded  in  effecting  a 
separate  church  organization.  The  delegates  from  East 
Tennessee,  at  the  General  Assembly  of  the  present  year, 
voted  with  the  majority  for  resolutions  demanding  the 
cessation  of  slavery  in  both  Church  and  State. 

WESLEYAN  METHODIST. 

GENERAL  CONFERENCE  OP  THE  WESLEYAN    METHO 
DIST  CONNECTION,  1864. 

June  1 — The  body  met  at  Adrian,  Michigan. 

June  4 — The  Report  of  the  Committee  on 
the  State  of  the  Country,  Revs.  W.  II.  Brews- 
ter  and  A.  Crooks,  and  E.  Starbuck,  layman, 
was  adopted,  as  follows  : 

Meeting  as  we  do,  a  national  body,  at  a  time  when  a  civil 
war  of  unequalled  magnitude,  and  fraught  with  conse 
quences,  not  only  to  this  nation,  but  the  world,  without  a 
parallel,  is  raging;  when  the  telegraphic  wires  stretching 
through  this  vast  republic  seem  so  many  nerves  of  sensa 
tion  uniting  us  with  the  fields  of  conflict  where  the  na 
tion's  life  seems  to  depend  upon  success,  or  defeat,  we 
should  be  justly  charged  with  indifference — with  want  of 
patriotism,  did  we  give  no  expression  of  views  and  feelings 
upon  the  subject. 

We  desire  humbly  and  gratefully  to  confess  that,  as  a 
nation,  we  are  in  the  hands  of  a  merciful  and  just  God, 
who  is  dealing  with  us  in  the  way  of  judgment  for  our 
sins,  tempered  with  mercy,  extorting  from  the  nation  the 
confession,  "  How  unsearchable  are  his  judgments  and  his 
ways  past  finding  out." 

He  who  does  not  see  that  God  is  dealing  with  this  nation, 
is  blind  indeed.  So  striking  are  the  evidences  of  the  Di 
vine  hand — so  has  God  conducted  us  and  overruled  the 
plans  and  purposes  of  men,  bringing  about  results  we  all 
desired  but  which  we  should  have  failed  to  achieve  had  our 
wished  for  success  in  the  earlier  struggles  been  realized 
that  in  our  reverses,  not  less  than  in  our  victories,  we  re 
cognize  the  unsearchable  wisdom,  justice  and  goodness  of 
God.  His  justice  afflicts  \is,  that  we  may  humble  ourselves 
and  repent  of  our  sins,  and  be  willing  to  surrender  the 
hateful  cause  of  this  rebellion,  while  his  mercy  spares  us, 
that  we  may  yet  be  a  people  to  his  praise. 

We  rejoice,  that  contrary  to  the  wishes  of  the  President 
— in  spite  of  political  parties — in  spite  of  the  influence  of 
the  border  States,  the  war  has  become  a  war  for  freedom  on 
the  one  hand,  and  for  the  establishment  of  slavery  on 
the  other ;  and  before  the  nations  of  the  earth,  and  before 
God  we  are  obliged  to  accept  this  issue.  We  bow  witl 
adoring  wonder  before  the  sublimity  and  grandeur  of  the 
onward  sweep  of  Divine  Providence  in  the  events  now 
transpiring  among  us. 

Wo  recognize  with  gratitude  to  Almighty  God  the  re 
markable  change  of  national  sentiment  upon  the  subject 
of  slavery,  and  the  rights  of  colored  persons.  "It  is  the 
Lord's  doings  and  marvelous  in  our  eyes,"  and  one  of  those 
results  reconciling  us  to  the  sacrifices  of  life,  and  the  other 
evils  incident  to  this  war.  Every  blow  struck  by  the  Union 
army,  is  u  blow  for  liberty,  every  victory  over  the  rebels 
is  a  "victory  in  behalf  of  liberty ;  and  the  advance  of  our 
army,  is  the  onward  march  of  freedom  into  the  heart  o 
despotism,  and  our  success  is  a  triumph  in  behalf  of  liberty 
for  all  races  of  men. 

Resolved,— That  the  war  being  a  judgment  of  God   upon 


;he  nation  for  national  sins,  pride,  infidelity,  and  oppre»- 
lion,  the  only  way  to  permanent  peace  and  prosperity,  ia 
;hrough  national  repentance. 

Resolved, — That  we  accept  civil  war  in  the  course  of  Di- 
r-ine  Providence  as  a  result  of  national  crimes,  while  its 
lorrors  of  bloodshed  and  savage  cruelty  have  deepened  our 
>urpose  to  labor  and  pray  for  that  period  when  the  nations 
>f  the  earth  shall  learn  war  no  more. 

Resolved, — That  in  the  spirit  of  patriots  and  Christians, 
ive  affirm  for  ourselves  and  our  churches,  our  unqualified 
oyalty  to  the  Government,  and  our  readiness  to  endure 
ind  make  all  the  sacrifices  necessary  to  the  overthrow  of 
:he  rebellion,  and  the  destruction  of  slavery,  its  guilty 
cause. 

W.  II.  BREWSTER, 
ADAM  CROOKS, 
EDWARD  STARBUCK, 
Committee. 

Rev.  J.  Watson,  voting  against,  in  brief  re 
marks  stated  that  he  was  opposed  to  war  at  any 
time. 

June  7  —The  Report  of  the  Committee  to 
draft  an  address  to  the  President  of  the  United 
States — Revs.  W.  H.  Brewster,  Henry  Norton, 
and  W.  W.  Lyle,  and  Joseph  Parrish,  and  C.  G. 
Case,  laymen — was  adopted  as  follows  : 

ADRIAN  COLLEGE,  ADRIAN,  MICH.,  June  6, 1864. 
To  His  Excellency  ABRAHAM  LINCOLN,  President  of  the  Uni 
ted  States  : 

The  General  Conference  of  the  Wesleyan  Methodist  Con 
nection  of  America,  convened  at  Adrian,  Michigan,  in  its 
Quadrennial  Assembly  deems  it  fit  and  proper  in  its  asso 
ciated  capacity,  to  extend  to  you  its  Christian  greeting. 

And  first  of  all,  as  an  assembly  of  Christian  ministers  and 
laymen,  we  desire  to  say  to  you  as  the  Chief  Magistrate  of 
the  Nation,  "  May  grace,  mercy,  and  peace  from  God  our 
Father,  and  from  the.  Lord  Jesus  Christ  rest  upon  you."  In 
common  with  all  tiie  truly  loyal  of  our  citizens  we  have 
felt  the  deepest  interest  in  the  great  struggle  now  going  on 
to  maintain  the  integrity  of  the  nation,  and  to  protect  and 
perpetuate  those  institutions  of  freedom  so  dear  to  every 
American  heart,  and  which  have  been  threatened  by  the 
wicked  rebellion  which  now  rages.  And  we  have  not  ceased 
to  pray  that  God,  in  his  adorable  Providence,  would  not  only 
incline  the  hearts  of  his  people  to  true  repentance  on  ac 
count  of  our  national  sins,  and  especially  of  the  great  sin 
of  the  nation,  human  bondage ;  but  that  He  would  gra 
ciously  vouchsafe  to  our  army  and  navy  such  victories  over 
armed  traitors  as  that  this  most  wicked  and  causeless  of 
rebellions  might  be  speedily  crushed,  and  the  nation  be  re 
stored  to  peace  and  tranquillity.  Aside  from  the  general 
principles  of  loyalty  and  genuine  patriotism,  there  are  very 
special  reasons  why  we,  as  a  connection  of  Christian  churches, 
should  be  more  than  ordinarily  interested  in  our  country's 
severe  struggle  for  the  maintenance  of  righteous  govern- 

Taking  as  one  of  the  cardinal  truths  of  Christianity,  that 
God  hath  made  of  one  blood  all  nations  of  men  that  dwell 
ou  the  face  of  the  earth,  and  being  convinced  that  it  was  a 
duty  we  owed  to  God  and  humanity  to  protest  by  word  and 
deed  against  the  fearful  crime  of  American  slavery,  which 
was  sanctioned  and  protected  by  the  leading  Christian  de 
nominations  of  the  land! 

The  denomination  which  we  represent,  and  which  is 
known  as  the  "  Wesleyan  Methodist  Connection  of  Ameri 
ca,"  organized  twenty-one  years  ago.  Holding  with  a  firm 
grasp  the  doctrines  of  grace  taught  by  the  Methodist  Epis 
copal  Church,  from  which  we  seceded  on  accouut  of  her 
then  notoriously  pro-slavery  principles  and  practice.  We 
differed  from  the  church  of  our  early  choice  only  on  matters 
of  ecclesiastical  polity,  and  the  great  distinctive  principle 
of  holding  no  fellowship  with  the  slaveholder,  his  aider,  or 
apologist. 

During  these  twenty-one  years  no  slaveholder,  nor  sym 
pathizer  with  slavery,  has  ever  been  received  into  the  mem 
bership  of  our  churches,  and  since  this  wicked  rebellion  has 
raged,  a  single  disloyal  Wesleyan  Methodist  has  been  un 
known  throughout  our  entire  connection. 

We  have  watched  with  anxious  solicitude  and  prayerful 
interest  the  course  which  you,  as  the  Chief  Executive  of 
the  nation,  have  pursued  in  these  days  of  commotion  and 
bloodshed.  And  realizing  the  unspeakable  importance  of 
the  issues  at  stake,  and  the  difficulties  by  which  your  ad 
ministration  has  been  surrounded,  and  the  conflicting  ele 
ments  that  have  conspired  to  trammel  or  thwart  some  of 
the  most  obviously  correct,  and,  as  the  results  show,  the 
wisest  and  most  successful  measures  you  have  from  time  to 
time  adopted  to  crush  the  rebellion;  we  have  not  withheld 
from  you  our  heartfelt  sympathy,  nor  ceased  to  pray  that 


APPENDIX. 


547 


C.od  would  voucnsafe  to  you  the  guidance  of  Divine  wis 
dom,  the  gracious  care  of  His  Almighty  arm,  and  the  com 
forts  of  His  grace. 

We  would  act  conceal  the  fact  that  we  have  not  been  al 
ways  free  from  anxiety,  and  even  fear  regarding  some  of 
the  measures  adopted  hy  your  administration  ;  neither  can 
we  refrain  from  frankly  stating  that  we  have  ofceu  felt 
grieved  and  disappointed  at  the  apparent  reluctance  exhib 
ited  in  adopting  such  measures  as  would  ere  now  have 
struck  a  fatal  blow  at  the  very  heart  of  the  rebellion.  We 
believe  that  righteousness  exalteth  a  nation,  but  sin  is  not 
only  the  reproach  of  any  people,  but  must,  sooner  or  later, 
result  in  the  withdrawal  of  the  Divine  blessing.  The  cry 
ing  sin  of  slavery  has  been  at  once  our  national  reproach 
and  the  cause  of  our  national  troubles ;  and,  aside  entirely 
from  any  political  or  military  necessity,  it  ought  to  have 
been  destroyed  as  a  moral  duty,  ami  as  one  of  the  evidences 
of  a  genuine  national  repentance,  without  which  we  have 
no  claims  on  the  Divine  mercy.  We  would  by  no  means 
forget  or  ignore  the  advanced,  and  we  would  add,  noble  po 
sition  you  occupy  on  this  all  important  question,  though  we 
thus  speak. 

We  thank  you  for  your  edict  of  emancipation.  We  thank 
you  in  the  name  of  that  God  who  has  revealed  himself  as  the 
friend,  and  protector,  and  avenger  of  the  poor  and  needy. 
We  thank  you  in  the  name  of  the  millions  of  the  oppressed  of 
our  land.  We  thank  you  in  the  name  of  universal  humanity, 
and  we  only  regret  that  that  document,  noble  as  it  is,  is  too 
partial  and  discriminating  in  favor  of  those  States,  and  parts  of 
States  not  in  open  rebellion,  but  whose  treason  against  God's 
moral  government  only  the  more  clearly  shows  that  their 
treasonable  proclivities  are  but  scarcely  concealed;  and  their 
protestations  of  loyalty  are  but  for  the  basest  and  most 
selfish  of  purposes. 

That  you,  Sir,  may  be  guided  by  more  than  human  wis 
dom  in  your  onerous  and  responsible  position,  and  that 
e"ery  spiritual  and  temporal  blessing  may  be  yours,  that 
our  noble  soldiers  and  sailors,  so  heroically  and  nobly  fight 
ing  the  battles  of  liberty  may  be  abundantly  successful,  and 
that  that  day  may  speedily  dawn  when  the  bow  of  peace 
shall  again  be  seen  in  our  heavens,  and  we  be  a  united  and 
happy  people,  with  the  dear  old  flag  waving  over  a  re 
deemed  and  regenerated  nation,  is  our  earnest  and  devout 
prayer. 

With  feelings  of  the  highest  esteem  and  regard,  tendered 
you  by  this  Conference,  the  undersigned  are  authorized  in 
its  behalf  to  sign  and  forward  to  you  this  epistle. 

Respectfully,  &c.,  LUTHER  LEE,  President. 

JOHN  McELDOWXEY,  Secretary. 

Same  day — The  report  of  the  committee  to 
draft  an  Address  to  the  Churches — Luther  Lee, 
D.  D.,  Revs.  W.  W.  Crane  and  M.  Q.  McFar- 
land — was  adopted,  as  follows  : 

To  the  members  of  the  Wesleyan  Methodist  Connection 
of  America,  the  General  Conference  in  session  at  Adrian, 
Michigan,  June,  1864,  seudeth  greeting:  Grace  and  peace 
bo  multiplied  unto  you,  through  the  knowledge  of  God  the 
Father,  and  our  Lord  Jesus  Christ,  in  the  comfort  of  the 
Holy  Spirit.  It  gives  us  great  pleasure  to  be  able  to  assure 
you  that  our  coming  together  has  been  in  peace,  and  that 
we  have  been  much  refreshed  in  meeting  once  more  as 
your  representatives,  to  take  each  other  by  the  hand  of 
Christian  fellowship,  and  to  look  upon  each  others'  faces 
once  more  in  the  flesh,  many  of  us  having  long  been  en 
deared  to  each  other,  in  common  with  you,  by  common 
labors,  sacrifices,  and  sufferings  in  the  cause  of  God  and 
humanity. 

The  times  are  portentous,  and  wrath  has  fallen  upon  our 
beloved  country,  fearful  in  extent,  though  it  be  less  than 
our  national  sins  deserve. 

The  fearful  evil  of  slavery,  which  our  nation  so  long 
cherished  in  its  bosom,  has  at  last  stung  it  like  a  viper,  and 
convulsed  our  whole  commonwealth.  This  evil  has  cul 
minated  in  rebellion  and  war,  which  has  filled  our  land 
with  weeping  and  sorrow  for  the  thousands  slain.  But 
amid  the  evils  that  oppross  us,  our  confidence  remains 
unshaken  in  the  Providence  of  God,  as  all-wise,  gracious, 
and  efficient ;  and  we  exhort  you  all  to  maintain  the  same 
confidence,  as  we  trust  you  have  done,  and  will  continue  to 
do.  It  is  no  doubt  a  consolation  to  you,  as  it  is  to  us,  to 
know  that  we  foresaw  these  evils  as  the  probable  retribution 
for  the  national  sin  of  slavery,  and  faithfully  warned  our 
fellow-citizens  of  the  same,  and  did  what  we  could  to  re 
move  the  evil  and  avert  the  gathering  storm;  but  our 
words  were  not  heeded,  only  so  far  as  to  be  requited  with 
opposition,  slander,  hatred,  and  persecution  ;  yet  all  we 
Buffered  is  now  more  than  compensated  in  knowing  that 
wo  did  our  duty  in  the  premises;  that  as  a  denomination 
we  never  had  a  slaveholder  in  our  communion,  and  never 
•disgraced  the  religion  wo  profess  by  giving  its  sanction  in 
any  form  or  degree  to  the  crime  of  human  bondage,  and 


never  opposed  those  who  opposed  slavery.  It  gives  iw 
great  satisfaction  to  know  that  on  the  breaking  out  of  the 
pro-slavery  rebellion,  the  position  we  had  occupied  for 
twenty  years  is  the  one  the  government  and  the  nation  haa 
been  compelled  to  assume,  so  that  when  they  wheeled  to 
face  the  foe  we  found  ourselves  already  in  lino,  without 
having  to  right  about  face. 

We  exhort  you,  brethren,  still  to  adhere  to  the  great 
principles  of  freedom  and  human  right  that  gave  us  exist 
ence  as  a  religious  organization,  and  to  remain  tr1^  to  your 
God  and  your  country ;  and  be  sure  to  maintain  t^nstant 
and  earnest  prayer  to  God  that  He  will  render  the  war  the 
instrument  of  the  entire  removal  of  slavery,  and  give  it  a 
speedy  termination  in  the  triumph  of  the  authority  of  the 
government  over  rebellion,  and  in  the  return  of  peace  and 
prosperity  to  our  suffering  country.  We  have  great  con 
fidence  in  God,  that  he  will  in  his  Providence  make  an  end 
of  slavery  by  the  means  of  the  war,  and  bring  our  nation 
through  the  dreadful  trial,  purified  and  redeemed  from  the 
reign  of  oppression. 

The  war  has  very  materially  impeded  our  religious  pro 
gress,  it  having  made  large  drafts  upon  our  membership, 
and  even  taken  numbers  of  our  ministers  for  the  defence 
of  our  common  country  against  the  most  wicked  rebellion 
and  war  that  ever  disgraced  humanity.  The  excitement 
which  has  pervaded  the  public  mind  has  also  diverted  at 
tention  from  the  subject  of  religion,  and  tended  to  render 
the  moral  power  of  the  ministry  and  churches  unavailing 
for  the  promotion  of  revivals ;  yet  we  have  reason  to  thank 
God  and  take  courage  in  view  of  the  progress  that  has  been 
made.  We  have  been  favored  with  many  gracious  revi 
vals,  which  have  resulted  in  the  enlargement  of  some  of 
the  churches  and  in  the  organization  of  new  ones,  and  in 
the  erection  of  new  houses  of  worship.  Our  progress,  if  not 
rapid,  has  been  steadily  onward,  and  we  have  been  strength 
ened  in  all  the  elements  that  give  efficiency  to  our  connec 
tion  ;  and  we  are  most  happy  to  be  able  to  state  that  since 
our  lust  quadrennial  gathering,  we  have  been  blessed  with 
greater  internal  peace  and  harmony  than  has  marked  any 
former  period  of  our  history.  We  cannot  forbear  to  con 
gratulate  you  in  regard  to  two  achievements  of  the  last 
four  years. 
******** 

5.  The  missionary  cause  is  the  last  object  we  will  name 
as  presenting  special  claims  to  your  benevolence.  This  is 
very  important  in  our  circumstances,  as  we  have  many  fee 
ble  churches,  who  must  receive  help  from  stronger 
churches,  or  soon  be  erased  from  our  records. 

This  aid  can  be  most  effectually  rendered  through  a 
well  devised  home  missionary  system,  into  which  we  ex 
hort  all  the  churches  to  enter  with  zeal  and  large  benevo 
lence. 

There  is  yet  another  field  of  missionary  enterprise,  calling 
loudly  for  o\ir  most  enlarged  Christian  benevolence.  It  is 
the  frecdmen  of  the  southern  States.  These  victims  of  op 
pression  are  now  being  tin-own  upon  their  own  resources 
by  the  convulsions  of  the  war,  arid  demand  aid,  which  they 
must  have  or  suffer,  if  not  perish.  Voluntary  emancipation 
upon  the  soil  by  slaveholders,  would  have  been  attended 
by  far  less  evil  consequences,  as  then  the  resources  of  the 
country  would  not  have  been  impaired,  and  they  would 
have  found  employment  iu  the  fields  of  their  former  bond 
age.  But  the  war  has  desolated  the  country,  consumed  its 
supplies  of  food  and  clothing,  while  the  slaves  have  broken 
away  and  rushed  by  thousands  to  our  lines  for  protection, 
in  the  most  destitute  and  pitiable  condition.  We  may  sup 
pose  that  Government  is  now  doing  what  it  can  to  elevate 
their  condition,  but  that  is  not  sufficient  to  meet  their  cir 
cumstances;  they  need  not  only  food  and  clothing,  but 
advice,  instruction,  schools,  and  the  gospel  in  its  purity, 
which  they  have  never  had.  It  will  require  years  of  be 
nevolent  effort  to  elevate  this  degraded  people,  after  so  many 
generations  of  dark  bondage,  and  it  is  a  work  which  must 
be  done,  not  by  Government  but  by  religious  communities, 
and  while  others  enter  into  it  with  zeal,  let  us  not  be  found 
wanting. 

And  now,  brethren,  remember  that  we  have  a  great  work 
to  do,  and  that  time  is  short.  Years  rush  along,  and  hasten 
us  all  onward  to  our  final  account.  Up,  then,  and  beat 
the  appropriate  work  of  life,  which  is  not  to  hoard  up  a 
little  of  this  world  for  others  to  quarrel  over  when  we  are 
gone,  but  to  do  good,  to  bless  mankind,  to  spread  the  gos 
pel  of  salvation,  to  glorify  God  here  in  our  bodies  and  our 
spirits,  which  are  his,  and  to  win  a  throne  and  a  crown  of 
glory  in  immortality.  Hemember  that  it  is  in  this  life  that 
eternal  destinies  are  settled  ;  it  is  on  the  moral  battle-fields 
of  earth  that  immortal  crowns,  and  thorns,  and  kingdoms 
are  won.  The  day  of  judgment  will  decVire  our  destiny, 
and  mete  out  our  reward ;  but  here  amid  the  activities  of 
life,  we  determine  for  ourselves  what  they  shall  be.  May 
the  God  of  all  truth  and  grace  administer  unto  you  abun 
dantly  the  aid  and  consolation  of  the  Holy  Spirit,  and  fill 
you  with  zeal,  and  love,  and  power  to  do  His  will,  and  make 


548 


APPENDIX, 


you  perfect  in  Christ  Jesus,  to  whom,  with   tho  Father  and 
the  lloly  Ghost,  bo  ascribed  everlasting  praises.    Amen. 
LUTHER  LEE 
WM.  W.  CRANE, 
M.  Q.   McFARLAND. 

Committee. 

The  Wesleyan  Church  has  always  been  anti- 
slavery,  in  its  organic  law.  At  its  Quadrennial 
Convention  of  1860,  an  address  to  the  churches 
was  adopted,  in  which  this  language  is  used 
concerning  their  "  testimonies  :" 

Slavery,  that  great  crime  against  humanity  and  sin 
against  God,  has  always  been,  and  is  universally  prohibited. 
All  slave-buying  and  alave-holding,  all  apology  for  either, 
and  all  political  support  of  slavery,  are  made  criminal 
offences. 

In  the  Report  on  Reforms,  then  made  by  Revs. 
D.  Worth  and  H.  Norton,  and  M.  Merrick,  lay 
man,  this  language  is  used: 

Resolved,  That  this  General  Conference  regards  slavery 
with  tho  most  inexpressible  loathing  and  detestation.  We 
regard  it  as  a  system  of  unparalleled  wickedness  and  in 
famy,  whose  component  parts  are  theft,  adultery,  piracy, 
man-stealing  and  murder;  and  whose  atrocious  cbaracter 
was  well  defined  by  the  great  and  good  John  Wesley,  when 
he  pronounced  American  slavery  as  the  vilest  that  ever 
wiw  tho  sun.  We  believe  that  its  utter  extinction  should 
he  sought  by  every  friend  of  God  and  humanity,  by  ail  the 
means  which  God  has  put  in  our  power,  civil,  political  and 
religious — by  "pen  and  tongue,  by  vote  and  prayer'' — and 
all  those  paities  or  organizations,  political  or  religious, 
whose  motto  is  not  the  immediate  death  of  this  terrific 
cur.-e  and  dishonor,  are  unworthy  of  the  fellowship  or  sup 
port  of  the  true  disciples  of  Christ. 

Resolved,  2.  That  immediate  emancipation  is  the  right  of 
the  slave  and  the  duty  of  the  master ;  and  that  we  are  not 
Ht  liberty  to  demand,  or  receive  less  than  this  full  measure 
of  justice  and  restitution  ;  and  to  the  accomplishment  of 
this  purpose  we  bend  all  our  efforts,  and  we  cannot  turn 
aside  from  our  holy  purpose  at  the  suggestions  of  a  worldly 
policy,  which  would  mingle  sordid  expediency  with  tho 
pure  arid  noble  counsels  of  our  Lord  Jesus  Christ.  We 
:annot  act  upon  the  policy  of  choosing  the  least  of  two 
evils ;  but  we  must  treat  all  such  suggestions  of  a  compro 
mising  policy,  as  the  offspring  of  that  wisdom  which  is 
farthly,  sensual,  deviiish. 


UNITAKIAN. 

Additional  to  the  memoranda  given  ou  page 
504,  respecting  the  Unitarian  Church,  are  the 
resolutions  passed  at  a  Convention  of  the  Uni 
tarian  Church,  helo.  at  Springfield,  Massachu 
setts,  October  14,  1863: 

Rev.  Dr.  Hill,  of  Worcester,  Mass.,  now  moved  a  series  of 
patriotic  resolutions : 

Whereas,  individuals  and  ecclesiastical  bodies  have,  at 
different  times  and  in  different  places,  published  opinions 
on  the  duties  of  religious  men,  that  have  served  to  awaken 
doubts  in  the  minds  of  the  conscientious  and  weaken  the 
hands  of  the  Government :  therefore — 

Resoli-cd,  By  members  of  tho  Unitarian  body  assembled 
in  convention  in  Springfield,  Massachusetts,  that  we  tender 
to  the  President  of  the  United  States  our  sympathy  and  our 
prayers  in  this  great  day  of  the  country's  peril  and  his 
responsibility ;  that  while  as  Christians  we  are  peacemakers, 
and  labor  for  tho  spread  of  peace,  we  cheerfully  offer  our 
own  lile,  and  that  of  our  children  for  the  perilled  life  of  the 
nation;  that,  while  we  owe  allegiance  to  the  constituted 
authorities  at  all  times,  we  hold  it  now,  when  treason  and 
rebellion  arc  abroad,  an  especial  duty,  both  by  word  and 
act,  to  express  it,  and  that  while  the  privilege  of  individual 
freedom  is  vouchsafed  to  all,  irrespective  of  color,  as  a  reli 
gious  right  sanctioned  by  the  spirit  and  letter  of  the  scrip 
tures,  we  cannot  refrain  from  the  expression  of  our  satisfac 
tion  at  the  proclamation  of  freedom  by  the  Chief  Magistrate 
to  million:)  wow  in  bondage,  and  tho  indulgence  of  the  hope 
that  the  tremendous  scenes  through  which  we  are  passing 
will  result  in  the  liberty  and  Christian  progress  of  all. 

Rev.  Dr.  Farley,  of  Brooklyn,  New  York,  seconded  the 
resolutions  with  u  brief  but  forcible  speech.  He  thought  if 
ever  a  man  demanded,  and  needed,  and  deserved  the  cordial 
co-operation,  and  sympathy,  and  prayers  of  a  people,  Abra 
ham  Lincoln  was  that  man. 

The  resolutions  were  unanimously  adopted,  and  the  Con 
vention  then  adjourned. 


Religious  Duties  of  Masters  to  Serv 
ants. 

The  following  paragraphs  are  from  recent 
secular  papers: 

The  Episcopal  Convention  of  South  Carolina  haa  dd- 
clared  that  the  marriage  relation  binds  slave  and  master 
equally ;  that  every  Christian  master  should  so  regalato 
the  sale  or  disposal  of  a  married  slave  as  not  to  infringe  the 
Divine  injunction  forbidding  the  separation  of  husband  and 
wife;  that  where  an  involuntary  and  final  separation  of 
married  slaves  has  occurred  the  case  of  the  sufferers  is  to 
be  distinguished  from  any  human  agency  which  has  sepa 
rated  them.  The  master  is  responsible  to  God  for  disre 
garding  his  commands;  the  slaves  are  entitled  to  sympathy 
and  consideration  ;  that  in  such  cases  of  separation  where 
neither  party  is  at  fault,  and  where  separation  appears  to 
be  permanent  and  final,  the  refusal  to  allow  a  seccnd  mar 
riage  would  often  produce  much  evil  and  hardship,  and 
this  Convention,  in  giving  its  judgment  in  favor  of  such 
marriages,  would  do  so  in  the  qualified  language  applied  by 
the  Apostles  in  cases  of  self  restraint :  "If  they  cannot  con 
tain,  let  them  marry;  for  it  is  better  to  marry  than  to 
burn." 

The  Protestant  and  Catholic  clergy  of  the  Confederacy 
are  calling  attention  to  the  duty  of  enforcing  the  sanctity 
of  the  marriage  relation  among  slaves.  The  Baptist  Con 
vention  of  Georgia  has  adopted  an  emphatic  resolution  up 
on  the  subject.  The  Southern  Churchman  quotes  various 
religious  authorities,  setting  forth  the  sintulness  of  any 
neglect  by  masters  of  this  Christian  duty ;  among  them 
Bishop  Verot.  (Roman  Catholic  Bishop  of  Savannah,)  who 
says:  "Slavery,  to  become  a  permanent  institution  <•!'  the 
South,  must  be  made  to  conform  to  the  law  of  God;  a 
Southern  Confederacy  will  never  thrive  unless  it  rests  upon 
morality  and  order;  the  Supreme  Arbiter  of  nations  will 
not  bless  with  stability  and  prosperity  a  state  of  things 
which  would  be  a  flagrant  violation  of  His  holy  command 
ments." 

In  this  connection,  this  paragraph  from  Dr. 
Jacob  Cooper's  Article  on  Slavery  in  the  Church 
Courts,  Danville  Review,  December,  1864,  p. 
521,  has  interest: 

In  Transylvania  Presbytery,  at  its  spring  meeting  in 
April,  1861,  a  resolution  was  introduced  by  Rev  S.  B. 
Cheek,  to  memorialize  the  Legislature  for  the  passage  of  a 
law  permitting  church  members  and  others  who  had  a  con 
science  in  the  matter,  to  have  the  marriages  of  their  slaves 
legally  solemnized.  By  this  the  master  would  voluntarily 
submit  to  the  pecuniary  loss  incurred  by  making  it  impos 
sible  to  sell  either  one  of  a  married  couple  without  the 
other.  This  resolution  contemplated  no  compulsory  action 
on  any,  save  those  who  felt  scandalized  that  Christian  mas 
ters  must,  by  existing  laws,  see  members  of  their  owu 
households  and  churches  living  in  a  state  of  concubinage, 
and  who  chose  to  avail  themselves  of  its  prcnisions  to  put 
away  this  sin.  Though  it  was  introduced  in  the  most  Clnis- 
tian  spirit,  and  embraced  a  case  where  the  consc-iences  of 
believers  ought,  if  ever,  to  be  bound,  yet  this  resolution 
was  laid  on  the  table,  nearly  every  member  of  Presbytery 
voting  against  it.  For  it  was  argued  by  an  eminent  man, 
himself  once  an  emancipationist,  that  though  the  matter 
presented  was  one  of  undoubted  grievance,  involving  a  sin 
which  ought  to  be  purged  away,  yet,  to  prevent  agitation 
in  the  Church  at  such  a  time  of  intense  political  strife, 
there  must  be  no  intermeddling ;  and  so,  with  a  few  words 
of  caution,  spoken  in  a  whisper,  against  drawing  upon  the 
church  the  suspicion  of  sharing  in  the  Abolition  crusade, 
this  paper  was  secretly  buried  like  an  untimely  birth. 

Valuable  Records  from  the  Bureau  of 

Military  Justice. 

As  illustrating  the  slave  system,  and  the 
action  of  the  Administration  in  the  enforcement 
of  the  Proclamation  of  Emancipation,  as  well 
as  the  character  of  the  war  waged  against  the 
national  authority,  the  following  original  rec 
ords  from  the  Bureau  of  Military  Justice  pos 
sess  historic  value : 

CASE    OF    B.OBERT    TAYLOR,    OF    TENNESSEE. 

WAR  DEPARTMENT,  AWUTANT  GENERAL'S  OFFICK, 

WASHINGTON,  May  9,  1864. 
[General  Court  Martial  Orders,  No.  88.] 

I. ..Before  a  Military  Commission,  consisting  of  Captain 
C.  Thompson,  19th  Michigan  Volunteers;  Captain  Owon 
Griffith,  22d  Wisconsin  Volunteers;  Captaii:  James  Nut t, 
9th  Indiana  Volunteers;  Captain  D.  R.  May,  22d  Wisconsin 


APPENDIX. 


549 


Volunteers  ;  First  Lieutenant  George  Banman,  22d  Wiscon 
sin  Volunteers;  and  which  convened  at  Murfrecsboro' 
Tennessee,  September  14,  1S63,  pursuant  to  Special  Orders, 
No.  8,  dated  Post  Headquarters,  Murfreesboro',  September 
9,  1863,  was  arraigned  and  tried — 

Robert  Taylor,  a  citizen. 

CHARGE— "  Murder." 

Specification — "  In  this :  that  he,  the  said  Robert  Taylor 
a  citizen  of  Coffee  county,  in  the  State  of  Tennessee,  did 
beat  a  n*>gro  woman  named  'Better,'  in  such  manner  that 
she  died  from  the  effects  of  the  wounds  thus  inflicted. 
This  on  or  about  the  31st  day  of  August,  1863,  at  or 
near  the  residence  of  said  Robert  Taylor,  about  three  miles 
from  the  town  of  Ilillsboro',  in  Coffee  county,  Tennessee. 

To  which  charge  and  specification  the  accused,  Robert 
Taylo,-.  a  citi/en,  pleaded  •  Not  Guilty." 

FINDING. —  The  Commission  having  maturely  consid 
ered  the  evidence  adduced,  finds  the  accused,  Robert  Tay 
lor,  a  citizen,  as  follows : 

Of  the  Specification,  "Guilty." 

01'  the  Charge,  "Not  Guilty  as  charged,  but  '  Guilty  of 
manslaughter.' " 

SENTENCE — And  the  Commission  does  therefore  sentence 
him,  Robert  Taylor,  a  citizen,  "To  be  confined  in  the 
State  Penitentiary  lor  the  period  of  five  years.'1 

II.  The  proceedings,  findings,  and  sentence  in  the  fore 
going  case  having  been  approved  by  the  Major  General 
commanding  the  Department,  und  laid  before  the  President 
of  the  United  States,  the  following  are  his  orders: 

The  testimony  in  the  case,  as  found  in  the  record,  is  brief 
and  free  from  all  discrepancy  or  contradiction.  The  pris 
oner,  it  seems,  alleged  that  an  amount  of  money  had  been 
stolen  from  him — how  much  was  not  stated — but  there  was 
no  proof  of  any  such  theft,  still  less  anything  tending  to 
connect  with  it  the  murdered  woman,  on  whom  his  suspi 
cions  fell.  Probably,  however,  from  apprehension  of  pun 
ishment,  this  woman — whom  he  claimed  to  own — made  an 
attempt  to  run  away,  was  pursued  by  the  prisoner  and  his 
neighbors,  captured,  and  brought  back.  The  prisoner  then 
procured  a  rope,  and,  addressing  himself  to  the  bystanders, 
asked  if  there  was  any  one  present  who  could  tie  "  a  hang 
knot,"  when  a  man  named  Woniack  stepped  forward  and 
tied  it.  The  prisoner  then  adjusted  it  around  the  neck  of 
the  woman,  and,  throwing  it  over  the  limb  of  a  tree,  in  the 
eight  of  his  own  dwelling,  where  were  his  wife  and  daugh 
ters,  the  work  of  murder  began.  Finding  that  the  woman 
protected  herself  by  seizing  the  rope  with  her  hands,  it  was 
slackened  and  her  hands  tied,  and  again  she  was  drawn  up 
so  that  her  toes  barely  touched  the  ground,  and  in  this  po 
sition  she  was  held  by  the  prisoner  until,  from  suffocation 
arid  exhaustion,  her  head  fell  on  one  side.  Through  the 
interposition  of  the  prisoner's  wife  and  the  bystanders,  the 
rope;  was  then  loosened,  and  an  opportunity  given  the  wo 
man  to  revive.  While  this  torture  was  going  on,  the  pris 
oner  declared  his  object  to  bo  to  compel  the  woman  to  con 
fess  the  theft  charged  upon  her,  but  she  stoutly  denied  any 
knowledge  of  tho  money  alleged  to  have  been  lost.  She 
was  now  taken  by  the  prisoner  to  his  tanyard,  distant  200 
or  250  yards,  and  was  then  stripped  by  him  of  all  her 
lothea  except  her  chemise.  In  the  language  of  one  of  the 
witnesses,  she  was  then  "confined  by  crossing  her  hands 
and  tying  them  together,  then  putting  thorn  over  her  knees 
with  a  stick  thrust  under,  holding  them  in  that  position." 
Thus  pinioned,  and  lying  alternately  on  her  face  and  on  her 
side,  as  the  purposes  of  her  tormentor  required,  for  some 
two  hours  and  a  half,  with  brief  intervals,  she  was 
Whipped  by  the  prisoner  with  a  leather  thong,  two 
inches  wide  and  three  feet  long,  having  a  knot  at  the  end. 
At  the  expiration  of  this  time,  "some  neighbors  present 
said  they  thought  he  had  whipped  her  about  enough  for 
that,  time,''  and  he  thereupon  desisted.  She  was  then  un 
tied  and  assisted  by  one  of  the  neighbors  towards  the 
kitchen,  staggering  and  falling  several  times  from  exhaus 
tion  «.n  the  \\-fiy.  She  succeeded,  however,  in  reachin"  the 
kitchen,  on  the  threshold  of  which  she  fell,  in  the  presence 
oi  the  prisoner's  wife,  and  a,  tew  minutes  thereafter  ex 
pired. 

The  shameless  character  of  the  defence  was  in  keeniiv 
with  the  crime. 

It  was  insisted  in  the  defence  that  tiie  woman's  death 
was  produced  by  some  cold  water,  of  which,  in  her  heated 
and  exhausted  condition,  she  had  drunk;  and  in  attempted 
palliation  of  the  prisoner's  nmrdcrous  brutality,  it  was 
proved  by  several  of  his  neighbors  that  lie  bore  a  good  moral 
clmntcter,  and  clothed  and  fed  his  slaves  well;  and  for 
himself,  he  stated  that  he  had  once  before,  on  a  similar 
charge,  given  the  woman  even  a  worse  whipping  than  that 
of  which  she  died! 

That  a  body  of  officers  holding  commissions  in  the  Army 
Oi  the  United  States,  and  acting  under  the  responsibility  of 
mi  oath,  should  deal  thus  lightly  with  so  shocking  a  sacri 
fice  nf  hiinmii  life,  cannot  but  excite  sentiments  of  min-'led 
soil-live  ;ind  regret.  Every  circumstance  surrounding  the 
«rinif  aggravates  its  enormity— among  which  may  be 


named  the  absence  of  all  provocation;  the  prolonged  tor 
ture  to  which  the  wretched  sufferer  was  subjected,  thus 
affording  ample  time  for  all  human  passion,  had  any  ex 
isted,  to  have  cooled;  but  above  all,  the  sex  and  utter  help 
lessness  of  the  bound  and  unresisting  victim. 

The  President  directs  that  the  sentence,  inadequate  as  it 
is,  shall,  except  as  to  the  place  of  confinement,  be  carried 
into  execution,  and  Albany,  New  York,  is  designated  as  the 
Penitentiary  where  he  shall  be  confined.  But  while  doing 
so,  he  feels  it  incumbent  upon  him  to  call  the  attention  of 
the  Army,  and  especially  of  those  charged  with  tho  adminis 
tration  of  military  justice,  to  the  insensibility  displayed  by 
this  Commission,  and  to  express  the  disapprobation  with 
which  it  is  regarded.  The  members  of  the  Commission,  in 
thus  lightly  dealing  with  one  of  the  most  revolting  mur 
ders  on  record,  have  done  no  honor  to  themselves,  and  af 
forded  an  example  which  it.  is  hoped  will  never  again  be 
witnessed  in  the  service. 

The  prisoner  will  be  sent,  under  proper  guard,  to  Albany, 
New  York,  and  delivered  to  the  warden  of  the  Penitentiary 
at  that  place,,  for  confinement  for  the  period  of  five  years, 
in  accordance  with  the  sentence. 

By  order  of  the  Secretary  of  War : 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 

CASE  OF  REV.    FOUNTAIN    BROWN,  OF  ARKANSAS. 

WAR  DEPARTMENT,  BUREAU  OF  MILITARY  JUSTICE, 

May  21th,  1864. 
To  the  PRESIDENT: 

In  the  case  of  Fountain  Brown,  a  citizen  of  Arkansas, 
referred  to  this  office  by  order  of  your  Excellency,  May  23d, 
1864,  the  following  report  is  respectfully  submitted: 

This  is  an  application  for  the  pardon  of  a  man  convicted 
by  a  military  commission  of  selling  into  slavery,  and  run 
ning  beyond  the  Union  lines,  colored  persons  who  had  been 
:iade  free  by  the  President's  proclamation  of  emancipation. 

The  facts  proved  are  briefly  these  :  The  prisoner,  who  is 
a  preacher  and  presiding  elder  of  the  Methodist  Church,  in 
the  State  of  Arkansas,  resided  at  or  near  Flat  Bayou,  and, 
t  tho  date  of  the  President's  proclamation,  held  as  slaves 
two  families  of  negroes,  numbering  about  ten  persons,  old 
and  young,  of  both  sexes  These  families  consisted  of— 1st, 
Lucy  and  her  husband,  John,  two  children  that  she  had  by 
him,  and  two  that  she  had  by  another  person,  supposed  to 
have  been  one  McAfee,  a  white  man ;  and  2d,  Delia,  with 
her  husband,  Ilorton,  and  two  children,  one  by  him  and 
the  other  by  an  unknown  father.  After  the  occupation  of 
the  district,  including  Flat  Bayou,  by  the  Union  forces,  the 
prisoner  informed  these  people,  or  at  least  the  men,  that 
they  were  free,  and.  if  they  wislud,  could  leave— thus  re 
cognizing  the  proclamation  and  renouncing  his  claim  to 
their  services.  They  did  not  then  leave  him.  In  the 
course  of  last  year,  (1863,)  the  white  man  McAfee, 
who  had  been  cohabiting  with  the  woman  Lucy,  who 
was  a  light  mulatto,  frequently  besought  the  prisoner 
to  assist,  him  in  getting  her  and  her  children  away  with 
him  to  Texas.  This  arrangement  the  prisoner  claims 
to  have  declined  to  enter  into,  on  the  ground  that  it  was 
contrary  to  existing  law.  McAfee  then  proposed  to  buy 
them,  but  the  prisoner  refused  to  make  the  sale;  yet,  after 
much  solicitation  and  tho  offer  of  seven  thousand  dollars 
Tor  the  lot,  he  finally  yielded.  The  bargain  was  struck ;  he 
received  four  thousand  dollars  cash  in  handj  and  the  pur 
chaser's  promise  to  pay  the  balance  ;  and  McAfee  carried 
jit  the  women  and  children,  eight  in  number,  beyond  tho 
incs.  and,  as  it  is  supposed,  to  Texas.  One  of  tho  colored 
nen,  the  husband  of  Lucy,  left  his  wife  at  home  on  Mon- 
lay  morning,  and,  returning  on  Tuesday  evening,  found  no 
trace  of  her  or  her  children.  Powerless  to  assert  their 
rights,  or  ignorant  of  them,  they  had  been  abducted  by 
McAfee,  who  abandoned  his  own  wife  at  Flat  Bayo%  where 
she  still  resides. 

The  men  both  testify  that  their  wives  did  not  want  to  go 
away,  and  it  would  appear  that  they  contemplated  with 
aversion  and  terror  the  probability  of  being  compelled  by 
McAfee  to  accompany  him. 

It  seems  that  tho  conscience  of  the  prisoner,  or  his  fear 
of  the  vengeance  of  the  outraged  law,  would  not  let  him 
•est.  He  made  his  appearance  at  the  Headquarters  at  Pino 
Bluff,  and,  relating  his  story,  solicited  exemption  from  pros 
ecution,  lie  was.  however,  arraigned  before  a  military 
commission  for  kidnapping  and  for  selling  into  slavery  per- 
sons  of  African  descent  made  free  by  tho  President's  proc- 
amation,  found  guilty,  and  sentenced  to  confinement  in  a 
mlitary  prison  for  live  years.  Major  General  Steele,  com- 
nnnding  the  Department,  approved  the  finding  and  sen- 
ence,  and  forwarded  the  proceedings  for  the  action  of  the 
President,  which  has  not  yet  been  had. 

In  the  opinion  of  this  officer,  it  was  not  icquisite  that 
he  confirmation  of  the  President  should  be  obtained;  but, 
is  it  is  presumable  that  the  execution  of  the  sentence  will 
ot  ccu-.mence  until  directed  by  him,  it.  is  expedient  and 


550 


APPENDIX. 


proper  that  action  should  be  taken,  audit  is  recommended 
that  the  sentence  he  confirmed. 

The  pardon  of  the  prisoner  is  now  applied  for  by  citizens 
of  Arkansas,  who  sign  a  petition  averring-  that  lie  has  sub 
scribed  the  oath  prescrib.-d  by  the  proclamation  of  amnesty, 
and  has  always  heretofore  been  a  good  and  influenti.il  man 
in  the  church  and  the  community.  The  paper  sets  forth 
no  other  proof  of  loyalty.  This  petition  is  favorably  recom 
mended  by  Colonel  Powell  Clayton,  commanding  at  Pi'.ic 
Bluff.  It  is  presented  by  Mr.  A.  A.  C.  Rogers,  who  claims 
to  be  a  member  of  Congress  elect  from  the  Second 
District  of  Arkansas,  and  who  says  that  lie  believes  the 
prisoner  intended  no  wrong;  that  the  act  for  which  he 
was  tried  occurred  soon  after  the  Federal  occupation  of 
that  section,  "  whilst  all  was  confusion,  doubt,  and  uncer 
tainty  ;"  that  the  husband  and  father  of  the  negroes  sold 
had  been  taken  to  Texas,  the  owner  wanted  the  wife  and 
children,  they  wanted  to  go,  and  the  prisoner  sold  them,  in 
ignorance  of  the  nature  of  the  offence,  lie  adds  that  he 
thinks  the  pardon,  if  granted,  would  strengthen  the  good 
feeling  of  his  district  toward  the  government. 

Mr.  Rogers  has  fallen  into  several  serious  errors  in  his 
version  of  the  case,  lie  states  that  the  husband  and  father 
of  the  negroes  sold  had  been  taken  to  Texas.  So  far  from 
this  being  true,  it  is  in  evidence  that  the  husbands  of  both 
the  women  are  still  at  flat  Bayou ;  and  so  far  from  the  woman 
Lucy  wanting  to  go,  her  husband  testifies  that  she  begged 
him  to  remove  her  from  the  custody  of  the  prisoner,  and 
of  McAfee,  lest  she  should  betaken  away  by  force. 

Besides,  whether  the  wishes  of  the  adults  about  going  or 
remaining  were  consulted  or  not,  it  is  a  mockery  of  truth, 
as  shallow  as  it  is  wicked,  to  attribute  consent  to  the  six 
helpless  and  mindless  children,  the  oldest  of  whom  was  a 
boy  ot' seven,  and  the  youngest  a  baby  but  a  few  months 
old.  It  would  require  a  rule  of  law  as  repugnant  to  reason 
as  the  extinct  slave-code  of.  Arkansas  was  revolting  to 
humanity,  to  impute  the  exercise  of  volition  to  the  un 
happy  little  beings,  whom  his  barbarous  avarice,  proving 
stronger  than  his  sense  of  the  obligations  of  law,  human 
or  divine,  impelled  a  presiding  elder  of  the  Methodist 
Church  to  sell  into  a  life  of  hopeless  bondage  in  a  distant 
State. 

Moreover,  whatever  "confusion"  may,  as  Mr.  Rogers 
avers,  have  attended  the  advent  of  the  Union  troops  at  Flat 
Bayou,  it  does  not  appear  to  have  unsettled  the  perceptions 
of  the  prisoner,  who, so  far  from  being  in  "doubt  and  un 
certainty,"  as  to  the  law  by  which  he  was  bound,  expressly 
told  Me  A  fee  that  a  sale  would .be  illegal,  and  only  forgot 
his  scruples  and  his  renunication  of  the  authority  of  a 
master,  when  the  tempting  bid  of  seven  thousand  dollars 
was  finally  offered. 

The  erime  of  the  prisoner  was  a  deliberate  and  wilful 
violation  of  law.  It  set  at  naught  the  proclamation  of 
emancipation.  It  snatched  two  wretched  females,  free  by 
that  charter,  away  from  their  husbands  and  surrendered 
them  to  a  thraldom  of  lust  and  violence,  to  end  only  with 
their  lives.  It  consigned  six  unoffending  children,  free  by 
that  charter,  to  perpetual  servitude,  in  a  region  deemed  by 
the  purchaser  (who  was  also  the  father  of  at  least  two  of 
them)  safely  remote  from  the  influences  of  liberty  and  the 
restraints  of  law. 

All  the  features  of  the  offence  are  so  brutal  and  so  de 
praved,  that  to  be  abhorred  they  need  only  to  be  recited; 
but  when  it  is  considered  that  the  perpetrator  is  a  presiding 
elder  of  this  Methodist  Church  of  the  State  of  Arkansas,  a 
man,  by  his  position  and  his  pretensions,  the  exemplar  of 
public  and  privatu  morality  among  the  people  around  him, 
to  whom  multitudes  looked  up  as  their  preceptor  and 
spiritual  guide,  it  must  be  admitted  that  the  measure  of  his 
guilt  is  incomparably  aggravated. 

That  a  criminal  of  so  deep  a  dye,  who  has  been  adjudged 
to  suffer  the  abridgment  of  his  liberty  for  five  years,  for 
depriving  eight  human  beings  of  theirs  forever,  should 
(with  the  price  of  his  guilt  still  in  his  pocket)  ask  a  pardon 
from  the  government  he  has  defied,  seems  an  instance  ot 
effrontery  scarcely  paralleled  even  in  the  annals  of  the 
present  rebellion. 

The  government,  it  is  conceived,  would  be  recreant  to  the 
principles  which  it  has  been  forced  by  treason  to  inaugurate, 
if  it  were  to  treat  their  flagrant  violation  with  lenity. 

The  proclamation  of  e  Mancipation  is  nothing,  or  it  is  an 
irrevocable  decree  of  freedom  to  all  within  its  terms. 

It  is  a  solemn  law  of  the  land,  upheld  by  the  inherent 
•war-powers  of  a  nation  struggling  for  self-preservation, 
sanctioned  by  reason  and  sanctified  by  precious  blood. 
Violations  of  it  shoul* be  punished  in  proportion  to  the 
magnitude  of  their  consequences,  and  the  importance  ol 
sustaining  it  by  warning  examples. 

The  absence  of  prohibitory  sanctions  in  the  proclamation 
itself,  furnishes  no  pretext  for  the  misinterpretation  which 
would  exempt  the  prisoner  from  punishment  for  his  crime. 
These  persons  stood  Ivfore  the  law  disenthralled  of  the 
shackles  of  slavery  and  absolutely  free,  and  so  the  prisoner 
had  recognized  them  to  be.  He,  having,  with  a  ful" 


knowledge  of  their  emancipation,  deliberately  re-enslaved 
them,  wilfully  incurred  all  the  penalties  denounced  against 
the  most  atrocious  species  of  kidnapping. 

The  crime  of  the  prisoner,  by  reason  of  his  conspicuous- 
tocial  and  religious  position,  has  doubtless  attracted  thu 
jotico  of  a  large  number  of  the  people  of  hi.s  State.  His 
pardon,  obtaining  equal  publicity,  would,  it  is  believed,  LH» 
taken  by  the  traitorous  adherents  of  slavery  as  a  tacit  offi 
cial  declaration  that  the  Government  did  not  seriously  in 
tend  to  maintain  the  most  momentous  and  vital  of  its  war 
neasures,  and  that  the  President  consented  to  be  under 
stood  as  permitting  to  pass  into  a  mockery  that  proclarua- 

ion  upon   which,  on  the  1st  day  of  January,  1S6VJ,  he  sol 
emnly  invoked  "the  considerate  judgment  of  mankind,  and 
the  gracious  favor  of  Almighty  God." 
This  is  believed  to  be  the  first  case  in  which  a  violation 

f  the  Proclamation  of  Emancipation  has  been  brought  to 
the  notice  of  the  President.  It  is  deemed  fortunate  for  th« 
great  purposes  of  justice  that  the  proof  is  so  strong  and  the 
circumstances  so  marked.  The  offender  is  a  prominent 
personage ;  the  victims  young  and  weak ;  the  sale  rnado 
with  full  knowledge  of  the  law  and  the  rights  of  freedom  it 
Bestowed;  the  transaction  notorious  and  basely  mercenary. 
It  is  fit  to  be  made  a  test  case,  in  which  the  Government 

lay  distinctly  re-assure  the  South  of  its  unalterable  pur 
pose  to  enforce  the  decree  which  it  has  deliberately  promul 
gated.  If,  while  the  able-bodied  freedmen,  attracted  and 

ncouraged  by  that  decree,  are  enrolling  themselves  as  sol 
diers  under  the  standard  which  they  recognize  as  the  syn>- 
bol  and  the  guaranty  of  freedom,  and  are  exposing  them 
selves  to  the  perils  of  battle  on  the  field,  and  to  the  horrors 
of  massacre  if  captured,  their  late  masters  are  suffered  to 
sell  and  transport  their  helpless  wives  and  children  into 
renewed  servitude,  without  encountering  the  inflexible  se 
verity  of  adequate  punishment,  the  Government  cannot 
fail  to  stand  before  the  world  dishonored  by  such  breach  ol 
a  faith  which,  on  the  part  of  the  unhappy  nee  with  whom 
it  has  been  plighted,  is  being  everywhere  bravely  and  loy 
ally  kept  with  their  blood.  If  the  Government  could  par 
don  this  outrage  upon  its  laws,  or  mitigate  its  punishment, 
how  can  it  forgot  the  wretched  victims  of  the  crime  ?  The 
conviction  is  fully  entertained  that  the  question  of  pardon 
or  mitigation  should  not  even  be  considered  until  these 
victims  shall  have  been  returned  to  within  our  military 
lines,  and  thus  restored  to  the  status  of  freedom  which  they 
there  occupied.  J.  HOLT, 

Judge  Advocate  General. 
Application  denied  and  sentence  approved. 

A.  LINCOLN. 
AUGUST  9, 1864. 

CASE    OF    WEST    BOOAN,    OF    ARKANSAS. 

JUDGE  ADVOCATE  GENERAL'S  OFFICE, 

J/ay  30, 1864. 
To  the  PRESIDENT  : 

West  Bogan,  a  negro,  was  tried  February  1st  before  a  mil 
itary  Commission,  sitting  at  Helena,  Ark.,  on  the  charge  if 
"  murder." 

In  this  that  the  said  West  Bogan  on  or  about  the  loth  ot 
December,  1863,  killed  Munroe  Bogan,  a  citizen  of  Phillipe 
Co.,  Arkansas,  by  striking  him  with  an  axe  upon  the  head 
and  neck. 

The  court  found  him  guilty  and  sentenced  him  to  be 
hung;  General  Btiford  approves  the  findings  ajid  sentence, 
and  recommends  that  it  bo  commuted  to  imprisonment  at 
hard  labor  in  some  Northern  penitentiary  for  such  length 
of  time  as  the  Commanding  General  shall  judge  proper. 
Gen.  Steele  suspends  execution  inconsequence  of  this  sug 
gestion,  and  forwards  the  proceedings  for  the  action  of  the 
President. 

The  proceedings  were  strictly  regular.  Th«  evidence 
showed  that  prisoner  was  and  had  long  been  a  slave  of 
Munroe  Bogan,  the  deceased,  and  was  still  held  by  him  as 
such  despite  the  Proclamation  of  Emancipation.  It  was 
testified  by  numerous  witnesses  that  prisoner  was  in  general 
of  an  obedient  and  submissive  nature,  though  when 
thwarted  and  irritated  by  oppression,  reckless  of  what 
he  did. 

His  master,  on  the  other  hand,  was  shown  to  have  been 
cruel  and  exacting,  forcing  his  slaves  by  constant  punish 
ments,  to  labor  night  and  day  and  frequently  on  Sundays, 
giving  them  no  holiday  or  resting  time,  and,  as  one  witness 
testified,  whipping  some  one  every  day — and  this  last  too, 
not  as  a  pa-ssionate  man  might  do.  by  snatching  the  first 
weapon  at  hand  and  with  it  punishing  a  fault,  but  witli  a 
deliberate  coolness,  asshown  by  his  regularly  sending  for 
the  driver  with  his  whip,  which  denoted  that  his  temper 
was  fully  under  his  control. 

The  homicide  took  place  in  the  early  morning.  ne:>r 
the  prisoner's  quarters,  and  when  he  was  on  his  way  to 
his  day's  task.  Of  the  immediate  cause  of  the  difficulty, 
there  is  no  evidence;  but  Tom,  a  negro  at  work  in  an  ad 
joining  field,  had  his  attention  drawn  to  the  sfrug  :!••  by 
hearing  his  master's  cull  to  him,  and,  on  looking  round. 


APPENDIX. 


551 


saw  the  deceased  fall,  and  the  prisoner  deal  upon  his  pros 
trate  body  two  Mows  with  the  axe  in  his  hand,  which 
nearly  severed  the  head  from  the  shoulders.  It  was  testified 
by  a  negro  witness  for  the  prosecution,  that  he  had  heard 
the  prisoner  declare  his  intention  to  kill  his  master,  "  be 
cause  his  master  was  going  to  kill  him  for  running  about 
and  going  away  from  home."  It  was  in  evidence  that  the 
deceased  had  expressed,  only  the  night  before,  his  intention 
to  whip  the  prisoner  on  the  following  day. 

The  negro  Tom,  also  testified  that  Clarence  Bogan, 
another  field  hand  who  was  at  work  at  his  side,  first  heard 
the  alarm,  and  said  he  believed  that  master  Muuroe  and 
West  were  fighting. 

Maria  Bogan,  a  slave  of  deceased,  testifies  that  she  was 
sitting  in  her  own  cabin  at  the  time  of  the  homicide,  and 
that  her  children  cried  out  that  "master  was  trying  to 
whip  Uncle  West:"  whereupon  she  went  the  door,  and 
saw  West  give  two  blows  with  the  axe  upon  her  master's 
neck. 

It  can  scarcely  be  doubted,  therefore,  that  Munroe  Bogan, 
at  the  moment  of  his  death,  was  in  the  act  of  inflicting 
corporeal  punishment  upon  the  prisoner,  which,  under  the 
changed  relations  of  the  white  and  black  populations  of 
the  Southern  States,  he  had  no  right  to  do, — and  that 
reused  by  pain  and  by  a  sense  of  wrong,  the  generally 
willing  and  submissive  slave  turned  upon  him,  and  took 
his  life — converting,  for  the  moment,  into  a  weapon  of 
revenge,  the  implement  with  which  he  was  quietly  going 
to  his  nnrecompensed  toil. 

The  case  wrould,  therefore,  seem  to  be  divested  of  those 
elements  of  malice  and  deliberate  purpose,  which  alone  can 
constitute  the  crime  of  murder:  while  the  provocation 
under  which  prisoner  was  driven  to  take  the  life  of  his 
oppressor  was  great  and  not  to  be  excused. 

The  administration  of  the  Government  must  and  does  re 
cognize  the  colored  population  of  the  rebellious  States,  as 
occupying  the  status  of  freedmen.  This  office  in  consider 
ing  the  present  and  kindred  cases,  necessarily  accepts  this 
recognition  with  all  its  legitimate  consequences. 

It  is,  therefore,  held  that  Munroe  Bogan,  when  he  met 
his  death,  was  in  violation  of  law  and  right  holding  the 
prisoner  in  absolute  slavery — not  only  holding  him  in 
slavery  but  also  imposing  upon  him  ceaseless  toil  and  cruel 
punishments.  It  is  a  conclusion,  justified  by  the  record, 
that  it  was  in  resistance  to  an  attempt  by  deceased  to  inflict 
such  punishment,  in  accordance  with  threats  previously 
made,  that  the  fatal  blow  was  struck  by  the  prisoner,  who 
had  doubtless  borne  the  oppressions  of  his  task  master  till 
endurance  seemed  to  him  no  longer  possible. 

That  in  these  circumstances,  ground  is  found  for  mitiga 
tion,  and  much  mitigation,  of  the  sentence  pronounced, 
will  scarcely  be  questioned. 

It  is  for  the  President  to  determine  how  far  this  mitiga 
tion  shall  extend.  J.  HOLT, 

Judge  Advocate  General. 

Sentence  disapproved. 

A.  LINCOLN. 

JULY  8, 1864. 

CASE    OF    JOHN    J.    GLOVER,  OF   ARKANSAS. 

WAR  DEPARTMENT,  BUREAU  OP  MILITARY  JUSTICE, 

June  6th,  1864. 
To  the  PRESIDENT  : 

John  J.  Glover,  alias  Jake,  a  negro,  was  tried  September 
18fh,1863,  before  a  military  commission  sitting  at  Memphis, 
Tennessee,  on  the  charge  of  "  murder  in  the  first  degree," 
under  which  he  was  accused  of  the  murder  of  one  George 
Redman,  a  citizen  of  Arkansas,  in  the  month  of  August 
preceding,  lie  was  found  guilty  and  sentenced  to  be  hung. 

The  sentence  was  approved  by  General  llurlbut  and 
General  Sherman,  and  the  day  of  execution  fixed  for 
January  29,  1864.  Prisoner  could  cot  be  found  on  that  day, 
and  subsequently  General  Sherman  ascertained  that  he 
could  not  legally  carry  out  the  sentence  without  reference 
to  the  President,  and  the  record  has  in  consequence  been 
sent  to  this  office. 

The  evidence  by  no  means  warrants  the  sentence 
awarded  by  the  court.  There  can  be  no  doubt  that  pris 
oner  discharged  a  pistol  at  Redman,  the  result  of  which 
was  his  death ;  but  the  circumstances  under  which  the 
homicide  occurred  would  appear  to  extenuate  if  not  en 
tirely  remove  the  prisoner's  guilt.  The  evidence  showed 
that  prisoner  went  across  the  Mississippi  river  from  Ten 
nessee  to  Arkansas  with  another  negro  called  "Dave" at 
his  request,  for  the  purpose  of  rescuing  the  two  young 
daughters  of  the  latter  from  Redman's  hands.  This  Dave 
was  tried  and  convicted  about  the  same  time  for  the  same 
murder;  and  on  his  trial  it  was  testified  that  Redman,  an 
old  man  of  seventy-two  years  of  age,  was  retaining  the 
two  girls  in  slavery  against  their  father's  will  and  in  viola 
tion  of  the  President's  emancipation  proclamation,  and  had 
declared  to  Dave  his  intention  to  keep  them.  On  Dave's 
trial  it  was  further  shown,  by  the  testimony  of  his  daughter, 


that  Rodman  had  sworn  to  shoot  any  man  that  came  after 
them.  Dave  and  Jake,  the  pi  isoner,  crossed  the  river  to 
gether  in  a  skiff  to  efl'ect  the  girls'  release,  and  about  twt> 
o'clock  in  the  morning  succeeded  in  getting  one  of  tike 
girls  and  taking  her  to  the  boat.  They  went  back  for  the 
other,  and  while  reconnoitering  the  premises,  were  pursued 
by  old  Redman  with  a  pistol,  and  at  once  took  to  flight.  It 
does  not  appear  however,  that  th-.-y  knew  that  he  had  this 
pistol  at  the  time.  They  ran  to  wards  the  river,  and  being 
closely  followed  and  in  fact  stumbled  upon  by  Redman, 
Jako  in  his  excitement  drew  his  pistol  and  fired,  wounding 
Redman  so  that  he  died  a  few  days  afterwards.  Redman, 
Jako  in  his  excitement  drew  his  pistol  and  fired,  wounding 
Redman  so  that  he  died  a  few  days  afterwards.  Redman, 
it  was  testified,  waa  a  kind  and  indulgent  master  to  his 
slaves,  and  had  taken  the  oath  of  allegiance.  On  the  same 
evening,  some  hours  previously,  Jake  had  caught  a  horso 
belonging  to  Redman's  son,  and  had  taken  it  across  the 
river  into  Tennessee,  afterwards  returning  to  help  Dave 
obtain  his  children.  When  captured,  he  confessed  that  he 
shot  the  deceased. 

Much  doubt  cannot  but  be  felt  whether  prisoner  merits 
any  punishment  for  the  part  he  took  in  the  transaction 
which  led  to  the  death  of  the  deceased.  It  is  true  that  he 
had  no  personal  interest  in  the  rescue  of  the  two  girla, 
such  as  his  companion  "  Dave"  had  ;  but  that  rescue  was  a 
lawful  and  justifiable  act  on  the  part  of  his  companion, 
and  the  prisoner's  participation  in  it  must  be  held  to  be  no 
less  justifiable  and  lawful. 

It  does  not  appear  that  he  went  to  Redman's  plantation 
with  a  purpose  of  murder,  but  rather  with  a  single  view  to 
the  assistance  of  his  friend  in  the  delivery  of  his  children 
from  bondage ;  and  the  agitation  caused  by  the  pursuit  of 
the  master,  and  the  imagined  peril  of  his  own  life,  led  him 
involuntarily  into  the  commission  of  the  deed  for  which  he 
has  already  suffered  an  imprisonment  of  nine  weary 
months 

It  is  true  he  was  engaged  in  a  business  for  which  he  could 
offer  no  excuse  but  that  of  friendship,  and  a  wish  to  extend 
to  the  family  of  his  comrade  the  benefits  of  the  same  free 
dom  which  he  himself  enjoyed ;  and  with  a  knowledge  of 
the  dangers  of  the  enterprise  in  which  a  fellow-feeling  led 
him  to  take  apart,  and  of  the  extreme  severity  with  which 
offenders  of  his  race  are  treated  by  their  white  masters,  it 
can  scarcely  be  imputed  to  him  as  a  crime  that  he  took 
with  him  a  weapon  of  defence,  nor  that  in  his  great  and 
natural  terror  under  the  close  and  armed  pursuit  to  which 
he  was  subjected,  he  should  have  instinctively  made  use 
of  it. 

It  is  believed  to  be  a  case  in  which  a  strong  and  armed 
man  has  rashly  thrown  away  his  life  in  an  endeavor  to 
enslave  a  feeble  young  woman  in  defiance  of  the  proclama 
tion  of  the  President  which  had  declared  her  free. 

J.  HOLT, 
Judge  Advocate  General. 

Sentence  disapproved. 

A.  LINCOLN. 

JULY  8, 1864. 

CASE  OF   JOHN  Y.   BEALL. 

HEADQUARTERS  DEPARTMENT  OF  THE  EAST, 

NEW  YORK  CITY,  Feb.  2lst,  1865. 
[General  Orders,  No.  17.] 

I.  The  following  General  Order  will  replace  General  Or- 
der  No.  14,  from  these  Headquarters  : 

II.  Before  a  Military  Commission   which   convened  at 
Fort  Lafayette,  New  York  Harbor,  and  at  New  York  City, 
by  virtue  of  Special  Orders  Nos.  14  and  42,  current  series, 
from  these  Headquarters,  of  Jan.  17th  and  Feb.  17th,  1865, 
and  of  which  Brig.  Gen.  Fitz  Henry  Warren,  United  States 
Volunteers,  is  President,  was  arraigned  and  tried — 

John  Y.  Bm.ll. 

CHARGE  I. — "  Violation  of  the  law  of  war." 

Specification  1st.— "In  this;  that  John  Y.  Beall,  a  citi 
zen  of  the  insurgent  State  of  Virginia,  did,  on  or  about  the 
19th  day  of  September,  1864,  at  or  near  Kelly's  Island,  in 
the  State  ef  Ohio,  without  lawful  authority,  and  by  force  of 
arms,  seize  and  capture  the  steamboat  %  Philo  Parsons.'  " 

Specification  '2d.— "  In  this  :  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  did,  on  or  about  the  19th 
day  of  September,  1864,  at  or  near  Middle  Bass  Island,  in 
the  State  of  Olio,  without  lawful  authority,  and  by  forco 
of  arms,  seize,  capture,  and  sink  the  steamboat  '  Island 
Queen.' " 

Specification  3d.—"  In  this :  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 
spy,  at  or  near  Kelly's  Island,  in  the  State  of  Ohio,  on  or 
abcut  the  19th  day  of  September,  1864." 

Specification  Uh.— "  In  this;  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 
spy,  on  or  about  the  19th  day  of  September,  1864,  at  or  near 
Middle  Bass  Island,  in  the  State  of  Ohio.'' 

Specification  bth. — ''In  this  :  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 


552 


APPENDIX. 


Bpy,  on  01  about  the  16th  day  of  December,  1864,  at  or  near 
Suspension  Bridge,  in  the  State  of  New  York." 

Specyicatimi6t/t.—"In  this:  that  John  Y.  Beall, acitizen 
of  tho  insurgent  State  of  Virginia,  being  without  lawful 
authority,  and  for  unlawful  purposes,  in  tho  State  of  New 
York,  did,  in  said  State  of  New  York,  undertake  to  carry 
on  Irregular  and  unlawful  warfare  as  a  guerrilla,  and,  in  the 
execution  of  said  undertaking,  •ittemptcd  to  destroy  the 
lives  and  property  of  the  pcaceal  le  and  unoffending  inhab 
itants  of  said  State,  and  of  persons  therein  travelling, by 
throwing  a  train  of  cars,  and  ths  passengers  in  said  cars, 
from  the  railroad  track,  on  the  railroad  between  Dunkirk 
and  Buffalo,  by  placing  obstructions  across  the  said 
track." 

All  this  in  said  State  of  New  York,  and  on  or  about  the 
15th  day  of  December,  1864,  at  or  near  Buffalo. 

CHARGE  II. — "  Acting  as  a  spy." 

Specification  1st. —'•  In  this:  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 
spy  in  the  State  of  Ohio,  at  or  near  K>lle\'s  Island,  on  or 
about  the  19th  day  of  September,  1S64/' 

Specification  2d.— "  In  this :  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 
spy  in  the  State  of  Ohio,  on  or  about  the  19th  day  of  Sep 
tember,  1864,  at  or  near  Middle  Bass  Island." 

Specification  3d.— •'  In  this  :  that  John  Y.  Beall,  a  citizen 
of  the  insurgent  State  of  Virginia,  was  found  acting  as  a 
spy,  in  the  State  of  New  York,  at  or  near  Suspension 
Bridge,  on  or  about  the  16th  day  of  September,  1864." 

To  which  charges  and  specifications  the  accused  pleaded 
"  Not  Guilty." 

FINDING.— Of  the  1st  specification,  1st  charge,  "  Guilty." 

Of  the2d  specification,  1st  charge,  "Guilty." 

Of  the  3d  specification,  1st  charge,  "  Guilty." 

Of  the  4th  specification,  1st  charge,  "Guilty." 

Of  the  5th  specification,  1st  charge,  "Guilty." 

Of  the  6th  specification,  1st  charge,  "  Guilty." 

Of  the  1st  f.iarge,  "  Guilty." 

Of  tho  1st  specification.  2d  charge,  "Guilty." 

Of  the  2d   specification,  2d  charge,  "Guilty." 

Of  the  3d  specification,  2d  charge,  "Not  Guilty,"  as  to 
the  day  averred,  but  guilty  of  acting  as  a  spy,  at  or  near 
Suspension  Bridge,  in  tho  State  of  New  York.'on  or  about 
December  16th,  1864. 

Of  tho  2d  charge,  "  Guilty." 

SENTENCE. — And  the  Commission  does  therefore  sentence 
him,  the  said  John  Y.  BeaJl,  "To  be  hanged  by  the  neck 
until  dead,  at  such  time  and  place  as  tho  General  in  com 
mand  of  the  Department  may  direct,"  two-thirds  of  the 
members  concurring  therein. 

III.  In  reviewing  the  proceedings  of  the  Court,  the  cir 
cumstances  on  which  the  charges  are  founded,  and  the 
questions  o!"  law  raised  on  the  trial,  the  Major  General 
Commanding  h;is  given  the  most  earnest  and  careful  con 
sideration  to  them  nil. 

The  testimony  shows  that  the  accused,  while  holding  a 
commissi  >n  from  the  authorities  at  Richmond  as  Acting 
Master  in  the  navy  of  the  insurgent  States,  embarked  at 
Sandwich,  in  Canadn,  on  board  the  "Philo  Parsons,"  an 
unarmed  steamer,  while  on  ono  of  her  regular  trips,  car 
rying  passengers  and  freight  from  Detroit,  in  tho  State  of 
Michigan,  to  Sandusky,  in  the  State  of  Ohio.  The  captain 
had  beon  induced  by  Hurley,  ono  of  the  confederates  of  the 
accused,  to  I  'lid  at  Sandwich,  which  was  not  one  of  the  reg 
ular  stopping  places  of  the  steamer,  for  tho  purpose  of 
receiving  them.  Here  tho  accused  and  two  others  took 
passage.  At  Maiden,  another  Canadian  port,  ami  one  of 
the  regular  stopping  places,  about  twenty-live  more  came 
on  board.  The  accused  wns  in  citizen's  dress,  showing  no 
insignia  of  his  rank  or  profession,  embarking  as  an  ordina 
ry  passenger,  and  representing  hims<  If  to  bo  on  a  pleasure 
trip  to  Kelley's  Island,  in  Lake  Erie,  within  the  jurisdiction 
of  the  State  of  Ohio. 

After  eight  hours,  he  and  his  associates,  arming  them 
selves  with  revolvers  and  h;ind-axes,  brought  surreptitious 
ly  on  board,  rose  on  the  crew,  took  possession  of  tho  steam 
er,  threw  overboard  part  of  the  freight,  and  robbed  the 
clerk  of  the  money  in  his  charge — putting  all  on  board  un 
der  duress.  Later  in  the  evening  he  and  his  party  took 
possession  of  another  unarnud  steamer,  (the  "Island 
Queen,")  scuttled  her,  and  set  her  adrift  on  the  lake. 
These  transactions  occurred  within  the  jurisdiction  of  the 
State  of  Ohio,  on  the  19th  d:iy  of  September,  1864. 

On  the  16th  day  of  December,  1864,  the  accused  was  ar 
rested  near  the  Sus-.'iension  Bridge  over  the  Niagnra  River, 
within  the  State  of  New  York.  The  testimony  shows  that 
he  and  two  ollicers  of  the  army  of  tho  insurgent  States — 
Col.  Martin  and  Lieut.  Ueadley — with  two  other  confede 
rates,  had  made  an  unsuccessful  attempt,  under  the  direc 
tion  of  the  first-named  officer,  to  throw  the  passenger 
train,  coming  from  the  West  to  Buffalo,  off  the  railroad 
track,  for  the  purpose  of  robbing  tho  express  company.  It 
is  further  shown  that  this  was  the  third  attempt  in  which 
the  accused  was  concerned  to  accomplish  the  same  ob 


ject;  that  between  two  of  these  attempts  the  party,  IB- 
eluding  the  accused,  went  to  Canada  and  returned,  and 
that  they  were  on  their  way  back  to  Canada  when  he  waa 
arrested.  In  these  transactions,  as  in  that  on  Lake  Erie, 
the  accused,  though  holding  a  commission  from  the  insur 
gent  authorities  at  Richmond,  was  in  disguise,  procuring 
information  with  the  intention  of  using  it,  as  he  subse 
quently  did,  to  inflict  injury  upon  unarmed  citizens  of  the 
United  States,  and  their  private  property. 

The  substance  of  tho  charges  against  the  accused  is  that 
he  was  acting  as  a  spy,  and  carrying  on  irregular  or  guer 
rilla  warfare  against  the  United  States;  in  other  words, 
that  he  was  acting  in  the  two-fold  character  of  a  spy  and  a 
guenillero.  lie  was  found  guilty  on  both  charges,  and 
sentenced  to  death:  and  the  Major  General  Commanding 
fully  concurs  in  the  judgment  of  the  Court.  In  all  the 
transactions  with  which  he  was  Implicated— in  one  as  a 
chief,  and  in  the  other  as  a  subordinate  agent — he  was  not 
only  acting  the  part  of  a  epy  in  procuring  information  to 
be  used  for  hostile  purposes,  but  he  was  also  committing 
acts  condemned  by  the  common  judgment  and  the  com 
mon  conscience  of  all  civilized  states,  except  when  done  in 
open  warfare  by  avowed  enemies.  Throughout  these  trans 
actions  he  was  not  only  in  disguise,  but  personating  a 
false  character. 

It  is  not  at  all  essential  to  the  purpose  of  sustaining  the 
finding  of  the  Court,  and  yet  it  is  not  inappropriate,  to 
state,  as  an  indication  of  the  animus  of  the  accused  and 
his  confederates,  that  tho  attempts  to  throw  the  railroad 
train  off  the  track  were  made  at  night,  when  the  obstruc 
tion  would  be  less  likely  than  in  the  daytime  to  be  noticed 
by  the  engineer  or  conductor,  thus  putting  in  peril  the  lives 
of  hundreds  of  men,  women,  and  children.  In  these  at 
tempts  three  officers,  holding  commissions  in  the  military 
servico  of  the  insurgent  States,  were  concerned.  The  ac 
cused  is  shown  by  the  testimony  to  be  a  man  of  education 
and  refinement,  and  it  is  difficult  to  account  for  his  agencv 
in  transactions  so  abhorent  to  the  moral  sense,  and  so  in 
consistent  with  all  the  rules  of  honorable  warfare. 

The  accused,  in  justification  of  the  transaction  on  Lake 
Krie,  produced  the  manifesto  of  Jefferson  Davis,  assumiiu 
the  responsibility  of  the  act,  and  declaring  that  it  was 
done  by  his  authority.  It  is  hardly  necessary  to  say  that  no 
such  assumption  can  sanction  an  act  not  warranted  by  the 
laws  of  civilized  warfare.  If  Mr.  Davis  wero  at  the  "head 
of  an  independent  government,  recognized  as  such  by  other 
nations,  he  would  have  no  power  to  sanction  what  the 
usage  of  civilized  states  has  condemned.  The  Government 
of  the  United  States,  from  a  desire  to  mitigate  the  asperities 
of  war,  has  given  tr>  the  insurgents  of  the  South  the  bene 
fit  of  the  rules  which  govern  sovereign  states  in  the  con 
duct  of  hostilities  with  each  other;  and  any  violation  of 
those-rules  should,  for  the  sake  of  good  order  here  and  the 
cause  of  humanity  throughout  the  world,  be  visited  with 
the  severest  penalty.  War,  under  its  mildest  aspects,  in 
tho  heaviest  calamity  that  can  befall  our  race;  and  ho  who, 
in  a  spirit  of  revenge  or  with  lawless  violence,  transcends 
the  limits  to  which  it  is  restricted  by  the  common  behest 
of  all  Christian  communities,  should  receive  the  punish 
ment  which  tho  common  voice  has  declared  to  be  due  to 
the  crime.  The  Major  General  Commanding  feels  that  a 
want  of  firmness  and  inflexibility  on  his  part,  in  executing 
the  sentence  of  death  in  such  a  case,  would  be  an  of 
fence  against  the  outraged  civilization  and  humanity  of 
the  age. 

It  is  hereby  ordered  that  John  Y.  Beall  be  hanged  by  the 
neck  till  he  is  dead,  on  Governor's  Island,  on  Friday,  the 
24th  day  of  February,  inst.,  between  the  hours  of  12  H.  and 
2  in  the  afternoon.* 

The  commanding  officer  at  Fort  Columbus  is  charged 
with  the  execution  of  this  order. 

By  command  of  Major  General  Dix  : 

D.  T.  VAN  BUREN, 
Colonel  and  Assistant  Adjutant  General. 

CASE    OF    ROBERT    C.    KENNEDY. 

HEADQUARTERS  DEPARTMENT  OP  THE  EAST, 

NEW  YORKCITT,  March  '20th,  1865. 

[General  Qrdcrs,  No.  24.] 

1.  Before  a. Military  Commission,  which  convened  at  Fort 
Lafayette,  New  York  Harbor,  and  at  New  York  City,  by 
virtue  of  Special  Orders,  No.  14.  current  series,  from  those 
Headquarters,  of  January  17th,  1865,  and  of  which  Brig.- 
Gen.  Fitz  Henry  Warren,  United  States  Volunteers,  is  Pres 
ident,  was  arraigned  and  tried: 

Itobert  C.  Knin^h/. 

CHARGE  I. — "  Acting  as  a  spy." 


*In  the  Virginia  Senate,  March  3,  1865,  joint  resolutions 
wero  unanimously  adopted  expressing  the  sentiments  of 
the  General  Assembly  in  regurd  to  the  execution  of  John 
Yates  Beall,  and  recommending  the  adoption  of  such  steps 
as  may  be  necessary  in  retaliation  for  the  offence  committed 
by  the  authorities  of  the  United  States. 


APPENDIX. 


553 


Specification  Irt.—"  In  this,  that  Robert  C.  Kennedy,  a 
captain  iiuthe  military  service  of  the  insurgent  States,  was 
found  acting  as  a  spy  in  the  City  of  New  York,  in  the  ^\\\\» 
of  New  York,  on  or  about  the  first  day  of  November,  1864.'' 

Xfxc'-ficution  Id.—"  In  this,  that  Robert  C.  Kennedy,  a 
captain  in  the  military  service  of  the  insurgent  States,  was 
found  a  linn  as  a  spy  in  the  City  of  Detroit,  in  the  State  of 
Michigan,  on  or  about  the '29th  day  of  December,  1864." 

CHYK3E  II. — -'Violation  of  the  laws  of  war." 

Specification.—"  In  this,  thut  Robert  C.  Kennedy,  a  cap 
tain  in  the  military  service  of  the  insurgent  States,  under 
took  to  cnrry  on  irregular  and  unlawful  warfare  in  the  City 
and  St  -ite  of  New  York,  and,  in  the  execution  of  said  un 
dertaking,  attempted  to  burn  and  destroy  said  city  of  New 
York,  by  setting  fire  thereto.  All  this  in  'said  city  of  New 
York  on  or  about  the  25th  day  of  November,  1864." 

To  which  charges  and  specifications  the  accused  pleaded 
"Not  Guilty/' 

FINDING  . — Of  specification  1st,  charge  I,  "  Guilty." 

Of  specification  2d, charge  I,  "Guilty." 

Of  charge  I,  "Guilty." 

Of  specification,  charge  II,  "Guilty." 

Of  charge  II.  "Guilty." 

SENTENCE.— And,  thereupon,  the  Commission  sentence 
him,  said  Robert  C.  Kennedy,  Captain  in  the  military  ser 
vice  of  the  insurgent  States,  "  to  be  hanged  by  the  neck 
until  dead,  at  such  time  and  place  as  the  General  in  com 
mand  of  the  Department  may  direct,"  two  thirds  of  the 
members  concurring  therein. 

II.  The  Major-General  Commanding  approves  the  pro 
ceedings,  finding  and  sentence  of  the  court.  It  is  shown 
by  the  testimony: 

1.  That  the  accused  has  been  an  officer  in  the  service  of 
the  insurgent  States  since  August,  1861. 

2.  That  he  was  in  the  City  of  New  York   in  disguise,  and 
under  a  false  name,  in  the  mouth  of  November,  several 
weeks  immediately  preceding  the  attempt  to   set   the   city 
on  fire. 

3.  That  he  was  hero  fora  purpose  which  he  refused  to 
disclose,  and  that  he  returned   hastily  by  night  to  Canada. 

4.  That  he  stated,  in  the  presence  of  several  persons,  that 
he  set  fire  to  Uamum's  Museum,  and  to  one  of  the  "  down 
town''  hotels;  and 

5.  That  he  was  arrested  at  Detroit  in  disguise,  armed 
with  a  revolver,  travelling  under  a  false  name,  and  with  a 
passport  representing  himself  to  be  a  loyal  citizen. 

On  i  roof  of  the  se  facts,  he  was  convicted  of  acting  as  a  spy 
and  carrying  on  irregular  and  illegal  warfare.  The  person 
who  testified  to  his  confession  of  having  set  on  fire  Barmvm's 
Museum  and  one  of  the  hotels  in  the  lower  part  of  the 
city,  was  not  under  duress  or  an  accomplice,  was  a  reluct 
ant  witness,  and  could  have  had  no  motive  to  make  a  false 
statement,  lie  is  corroborated  by  other  testimony. 

The  attempt  to  set  fire  to  the  city  of  New  York  is  one  of 
the  greatest  atrocities  of  the  age.  There  is  nothing  in  the 
annals  of  barbarism,  which  evinces  greater  vindictiveness. 
It  was  not  a  mere  attempt  to  destroy  the  city,  but  to  set 
fire  to  crowded  hotels  and  places  of  public  resort,  in  order  to 
secure  the  greatest  possible  destruction  of  human  life.  The 
evidence  shows  that  Barnum's  Museum  and  ten  hotels  were 
fired  on  the  evening  of  the  25th  of  November,  the  fires  in 
most  of  them  breaking  out  in  quick  succession,  and  indi 
cating  not  only  deliberate  and  complex  design  and  concert 
on  the  part  of  the  incendiaries,  but  a  cool  calculation  to 
create  so  many  conflagrations  at  the  same  time  as  to  baffle 
the  efforts  of  the  Fire  Department  to  extinguish  them.  In 
all  the  buildings  fired,  not  only  non-combatant  men,  but 
women  and  children,  were  congregated  in  great  numbers; 
and  nothing  but  the  most  diabolical  spirit  of  revenge  could 
have  impelled  the  incendiaries  to  acts  so  revolting. 

The  participation  of  the  accused  in  this  inhuman  enter 
prise  is  a  crime,  which  follows  him,  and  his  liability  to  an 
swer  for  it  is  not  to  be  cast  off  by  withdrawing  for  a  time  from 
the  jurisdiction  within  which  it  was  committed.  lie  has 
not  only  been  guilty  of  carrying  on  irregular  warfare,  in 
violation  of  the  usages  of  civilized  States  in  the  conduct  of 
war.  but  he  has,  by  outraging  every  principle  of  humanity, 
incurred  the  highest  penalty  known  to  tho  law. 

His  escape  to  Canada  was  followed  in  a  few  days  by  his 
return  to  the  United  States,  again  in  disguise,  with  a  new 
name,  and  personating  a  loyal  citizen,  while  holding  a  com 
mission  in  the  service  of  the  insurgents,  thus  furnishing 
tho  highest  prima  facie  evidence  that  he  was  acting  as  a  spy. 
No  rebutting  evidence  was  produced  on  the  trial,  although 
it  continued  twenty-three  days,  of  which  fifteen  were  given 
to  the  accused,  by  adjournments,  to  procure  testimony  and 
prepare  his  defence.  Two  papers  were  read  as  a  part  of  his 
address  to  the  Court ;  one  a  pledge  given  to  the  transporta 
tion  agent  in  Canada,  to  return  with  all  due  diligence  "  to 
the  Confederacy,"  and  the  other,  a  certificate  made  by  him 
that  he  was  a  citizen  of  the  State  of  Louisiana,  with  a  request 
that  he  might  bo  provided  with  means  to  return  "  to  the 
Confederacy."  Admitting  their  genuineness,  they  do  not 
repel  the  presumption  raised  by  the  circumstances  attend 


ing  his  arrest — the  disguise  and  the  false  pretences,  with 
which  he  was  found  within  our  lines.  His  flight  to  Canada 
was  not  a  return  within  the  lines  of  his  own  army.  If  he 
had  found  his  way  back  t  >  the  insurgent  States,  and  had 
been  subsequently  captured  in  battle,  he  could  rot  hava 
been  convicted  under  tho  first  specification  of  the  first 
charge.  But  neither  of  these,  facts  exists  to  remove  or 
terminate  his  liability  to  conviction  under  that  specifica 
tion. 

Whatever  question  may  exist  as  to  the  effect  of  his  re 
turn  to  Canada,  after  having  lurked  as  a  spy,  as  charged 
in  the  first  specification,  no  such  question  can  arise  as  to 
his  guilt  as  a  spy,  as  charged  in  the  second  specification, 
which  sets  forth  an  offence  entirely  distinct  from  the  first, 
of  which  he  has  been  convicted  on  full  proof. 

The  Major  General  Commanding  considers  his  duty  as 
clear  in  this  case  as  in  that  of  Beall.  The  lives,  the  prop 
erty,  the  domestic  security  of  non-combatant  citizens  must 
be  protected  against  all  invasion  not  in  strict  accordance 
with  the  laws  and  usages  of  civilized  States  in  the  conducl 
of  war.  Crimes,  which  outrage  and  shock  the  moral  sens* 
by  their  atrocity,  must  not  only  be  punished  and  the  perpe 
trators  be  deprived  of  the  power  of  repeating  them,  bul 
tho  sternest  condemnation  of  the  law  must  be  presented  tc 
otheri  to  deter  them  from  the  commission  of  similar  enor 
mities. 

Robert  C.  Kennedy  will  be  hanged  by  the  neck  till  he  is 
dead,  at  Fort  Lafayette,  New  York  Harbor,  on  Saturday 
the  twenty-fifth  day  of  March  instant,  between  the  houn 
of  twelve,  noon,  and  two  in  the  afternoon. 

The  Commanding  Officer  of  Fort  Lafayette  is  charged 
with  the  execution  of  this  order. 

By  command  of  Major  General  Dix : 

D.  T.  VAN  BUREN, 
Colonel  and  Ass't  Adj't  Gen. 


The  Military  and  Rev.  S.  H.  Wing- 
field. 

HEADQUARTERS  NORFOLK  AND  PORTSMOUTH, 

NORFOLK,  VA.,  February  25,  '64 
[Special  Orders  No.  44.] 

IV. — It  having  been  reported  to  the  General  Command 
ing  that  .S'.  H.  Wingfield,  of  Portsmouth,  is  an  avowed  se 
cessionist,  and  that  he  takes  every  opportunity  to  dissemi 
uato  his  traitorous  dogmas,  much  to  the  annoyance  of  hit 
loyal  neighbors,  and  that  on  one  occasion  at  a  place  o> 
worship,  while  the  prayer  for  the  President  of  the  United 
States  was  being  read,  his  conduct  was  such  as  to  unnoy  anc 
disgust  the  loyal  portion  of  the  congregation;  and  believ 
ing  a  wholesome  example  is  necessary  for  the  benefit  of  Mr 
Wingfield  in  particular,  and  the  class  in  this  community  he 
represents  in  general— men  of  education  and  ability,  who 
use  the  talents  God  has  given  them  for  the  purpose  o! 
stirring  up  strife  against  the  Government  of  the  United 
States ; 

It  is  therefore  ordered  that  the  Provost  Marshal  arrest 
Mr.  S  H.  Wiiifjfield,  and  that  he  be  turned  over  to  Col 
SawteUeto  work  for  three  (3)  months  cleaning  the  streets 
of  Norfolk  and  Portsmouth,  thus  employing 'lys  time  foi 
the  benefit  of  the  Government  he  has  abuses,  and  in  a 
small  way  atone  for  his  disloyalty  and  treason. 

By  order  of  Brig.  Gen'l  E.  A.  WILD: 

GEORGE  H.  JOHNSTON, 

Capt.  and  Asst.  Adjt.  Gen'l. 

[By  Telegram  from  Fort  Monroe,  dated  March  1st,  '64.1 
To  Brig.  Gen'l  WILD  : 

The  remainder  of  the  sentence  imposed  by  Brig.  Gen'] 
Wild  on  tho  Rev.  Mr.  Wingfield  is  remitted;  he  will  be  sent 
to  Capt.  Cassells  at  Fort  Monroe  for  custody.  His  punish 
ment  is  remitted,  ngt  from  respect  for  the  man  or  his  acts, 
or  because  it  is  unjust,  but  because  its  nature  may  be  sup 
posed  to  reflect  upon  tho  Christian  Church,  which,  by  his 
connection  with  it,  has  been  already  too  much  disgraced. 

By  command  of  Maj.  Gen'l  BUTLEK  : 

A.  F.  PUFFER, 

Capt.  and  A.  D.  C. 

[By  Telegram  from  Fort  Monroe,  dated  March  4th,  '64.1 
To  Brig.  Gen'l  WILD  : 

Did  you  receive  my  order  of  the  1st  inst.,  by  telegraph, 
concerning  Wingfield? 

BENJ.  F.  BUTLER,  Maj.  Gen'l. 

[By  Telegram  from  Fort  Monroe,  dated  March  4th  '64  1 
To  Brig.  Gen'l  WILD: 

The  order  concerning  Wingfield  was  sent  you  by  tele 
graph,  but  by  the  blindness  of  the  operators  did  not  reach 
you.  BENJ.  F.  BUTLER. 

Major  Gen'l  Yom'd' 


554 


APPENDIX. 


[By  Telegram  from  Fort  Monroe,  dated  March  12th,  '61] 
roBrig.  Gon'l  WILD: 
Wrote  you  this  A.  M.  about  Wingfiold. 

BENJ.  F.  BUTLER,  Maj.  Gen'l. 

[By  Telegram  from  Fort  Monroe,  dated  March  29th,  '64.] 
To  Brig,  (ien'l  WILD: 

It  is  complained  to  me  that  no  hearing  was  had  by  Wing- 
5eld  previous  to  his  sentence;  if  so,  is  there  any  objection 
:o  a  hearing  before  me  ? 


Gen'l  Pope's  Modification  of  Gen. 
Rosecrans's  Order  respecting  Reli 
gious  Convocations. 

Paragraph  3,  of  Special  Order  No-  62,  from  the  office  of 
Prorost  Marshal  General,  of  date  March  8,1864,  prescribing  | 


rnles  to  be  observed  by  religious  convocations  is  hereby  so- 
modified  as  to  read  as  follows: 

"It  is  hereby  made  the  duty  of  all  *uch  assemblages  to 
submit  the  roll  of  the  members  of  their  organization  to 
the  Provost  Marshal  of  the  district  in  which  the  assem 
blage  has  convened,  before  proceeding  to  the  transaction  ot 
business. 

"  The  Provost  Marshal  to  whom  the  roll  is  submitted 
will  thereupon  proceed  to  ascertain  from  the  records  ot  his 
office  whether  any  of  the  members  of  said  assemblage  h  ive 
failed  to  tnke  and  subscribe  to  the  oath  prescribed  by  said 
Special  Orders  No.  62,  and  any  person  found  to  havo  *; 
failed  will  be  by  him  at  once  forbidden  to  participate  in 
the  business  of  the  assembly,  until  such  time  as  he  has 
complied  with  the  requirements  of  said  order:  and  should 
any  person  so  forbidden  meet  with  or  attempt  in  any  man 
ner  to  participate  in  the  doings  of  said  assembly,  ho  will 
Jh«  immediately  arrested  and  sent  to  this  office,  with  » 
•tatocient  of  the  facts  in  his  case/' 

J.  II.  BAKER, 
Provost  Marshal  General* 


PROCEEDINGS 


OF   THE 


SECOND  SESSION  OF  THE  THIRTY-EIGHTH  CONGRESS  OF  THE  UNITED  STATES, 

AND  THE  SECOND  SESSION  OF  THE  SECOND  CONGRESS  OF  THE 

REBEL  STATES. 


Second   Session,  Thirty-Eighth   Congress. 

PRESIDENT    LINCOLN'S   FOURTH    ANNUAL   MESSAGE, 

DECEMBER  5,    1864. 
Fellow-Citizens  of  the  Senate 

and  House  of  Representatives: 

Again  the  blessings  of  health  and  abundant  harvests 
;laim  our  profoundest  gratitude  to  Almighty  God. 

The  condition  of  our  foreign  affairs  is  reasonably  satis 
factory. 

Mexico  continues  to  be  a  theatre  of  civil  war.  While  our 
political  relations  with  that  country  have  undergone  no 
Change,  we  have,  at  the  same  time,  strictly  maintained  neu 
trality  between  the  belligerents. 

At  the  request  of  the  States  of  Costa  Rica  and  Nicaragua, 
\  competent  engineer  has  been  authorized  to  make  a  sur 
rey  of  the  river  San  Juan  and  the  port  of  San  Juan.  It  is 
a  source  of  much  satisfaction  that  the  difficulties  which 
for  a  moment  excited  some  political  apprehensions,  and 
caused  a  closing  of  the  inter-oceanic  transit  route,  have 
been  amicably  adjusted,  and  that  there  is  a  good  prospect 
that  the  route  will  soon  be  reopened  with  an  increase  of 
capacity  and  adaptation.  We  could  not  exaggerate  either 
the  commercial  or  the  political  importance  of  that  great 
improvement. 

It  would  be  doing  injustice  to  an  important  South  Amer 
ican  State  not  to  acknowledge  the  directness,  frankness, 
and  cordiality  with  which  the  United  States  of  Colombia 
have  entered  into  intimate  relations  with  this  Government. 
A  claims  convention  has  been  constituted  to  complete  the 
unfinished  work  of  the  one  which  closed  its  session  in  1861. 

The  new  liberal  constitution  of  Venezuela  having  gone 
into  effect  with  the  universal  acquiesence  of  the  people, 
the  Government  under  it  has  been  recognized,  and  diplo 
matic  intercourse  with  it  has  opened  in  a  cordial  and  friend 
ly  spirit.  The  long-deferred  Aves  Island  claim  has  been 
satisfactorily  paid  and  discharged. 

Mutual  payments  have  been  made  of  the  claims  awarded 
by  the  late  joint  commission  for  the  settlement  of  claims 
bet  ween  the  United  States  and  Peru.  An  earnest  and  cor 
dial  friendship  continues  to  exist  between  the  two  coun 
tries,  and  such  efforts  as  were  in  my  power  have  been  used 
to  remove  misunderstanding  and  'avert  a  threatened  war 
between  Portland  Spain. 

Our  relatiors  are  of  the  most  friendly  nature  with  Chili, 
the  Argentine  Republic,  Bolivia,  Costa  Itica,  Paraguay,  San 
Salvador,  and  Ilayti. 

During  the  past  year  no  differences  of  any  kind  have 
arisen  with  any  of  those  republics,  and,  on  the  other  hand, 
their  sympathies  with  the  United  States  are  constantly  ex 
pressed  with  cordiality  and  earnestness. 

The  claim  arising  from  the  seizure  of  the  cargo  of  the 
brig  Macedonian  in  1821  has  been  paid  in  full  by  the  gov 
ernment  of  Chili. 

Civil  war  continues  in  the  Spanish  part  of  San  Domingo, 
apparently  without  prospect  of  an  early  close. 

Official  correspondence  has  been  freely  opened  with  Libe 
ria,  and  it  gives  us  a  pleasing  view  of  social  and  political 
progress  i:i  that  republic.  It  may  be  expected  to  derive 
new  vigor  from  American  influence,  improved  by  the  rapid 
disappearance  of  slavery  in  the  United  States. 

I  solicit  your  authority  to  furnish  to  the  republic  a  gun 
boat  at  moderate  cost,  to  be  reimbursed  to  the  United 
States  by  installments.  Such  a  vessel  is  needed  for  the 
safety  of  that  State  against  the  native  African  races;  and 
in  Liberian  hands  it  would  be  more  effective  in  arresting 
the  African  slave  trade  than  a  squadron  in  our  own  bands. 
«  The  possession  of  the  least  organized  naval  force  would 
stimulate  a  generous  ambition  in  the  republic,  and  the  con 


fluence  whicn  we  should  manifest  by  furnishing  it  would 
win  forbearance  and  favor  towards  the  colony  from  all  civ 
ilized  nations. 

The  proposed  overland  telegraph  between  America  and 
Europe,  by  the  way  of  Behring's  Straits  and  Asiatic  Russia, 
which  was  sanctioned  by  Congress  at  the  last  session,  has 
been  undertaken,  under  very  favorable  circumstances,  by 
an  association  of  American  citizens,  with  the  cordial  good 
will  and  support  as  well  of  this  government  as  of  those  of 
Great  Britain  and  Russia.  Assurances  have  been  received 
from  most  of  the  South  American  States  of  their  high  ap 
preciation  of  the  enterprise,  and  their  readiness  to  co-oper 
ate  in  constructing  lines  tributary  to  that  world-encircling 
communication.  I  learn  with  much  satisfaction  that  the 
noble  design  of  a  telegraphic  communication  between  the 
eastern  coast  of  America  and  Great  Britain  has  been  re 
newed  with  full  expectation  of  its  early  accomplish 
ment. 

Thus  it  is  hoped  that  with  the  return  of  domestic 
peace  the  country  will  be  able  to  resume  with  energy 
and  advantage  its  former  high  career  of  commerce  and 
civilization. 

Our  very  popular  and  estimable  representative  in  Egypt 
died  in  April  last.  An  unpleasant  ararcation  which  arose 
between  the  temporary  incumbent  of  the  office  and  the* 
government  of  the  Pasha  resulted  in  a  suspension  of  inter 
course.  The  evil  was  promptly  corrected  on  the  arrival  of 
the  successor  in  the  consulate,  and  our  relations  with  Egypt,, 
as  well  as  our  relations  with  the  Barbary  Powers,  are  en 
tirely  satisfactory. 

The  rebellion  which  has  so  long  been  flagrant  in  China,  has- 
at  last  been  suppressed,  with  the  cooperating  good  offices  of 
this  government  and  of  the  other  western  commercial 
States.  The  judicial  consular  establishment  there  has  be 
come  very  difficult  and  onerous,  and  it  will  need  legislative 
revision  to  adapt  it  to  the  extension  of  our  commerce  and 
to  the  more  intimate  intercourse  which  has  been  instituted 
with  the  government  and  people  of  that  vast  empire.  China 
seems  to  be  accepting  with  hearty  good-will  the  conven 
tional  laws  which  regulate  commercial  and  social  inter 
course  among  the  western  nations. 

Owing  to  the  peculiar  situation  of  Japan,  and  the  anom 
alous  form  of  its  government,  the  action  of  that  empire  in= 
performing  treaty  stipulations  is  inconstant  and  capricious. 
Nevertheless,  good  progress  has  been  effected  by  the  west 
ern  powers,  moving  witli  enlightened  concert.  Our  own 
pecuniary  claims  have  been  allowed,  or  put  in  course  of 
settlement,  and  the  inland  sea  has  been  reopened  tio  com 
merce.  There  is  reason  also  to  believe  that  these  proceed 
ings  have  increased  rather  than  diminished  the  friendship 
of  Japan  towards  the  United  States. 

The  ports  of  Norfolk,  Fernandina,  and  Pensacola  have 
been  opened  by  proclamation.  It  is  hoped  that  foreign 
merchants  will  now  consider  whether  it  is  not  safer  and 
more  profitable  to  themselves,  as  well  as  just  to  the  United 
States,  to  resort  to  these  and  other  open  ports,  than  it  is  to 
pursue,  through  many  hazards,  and  at  vast  cost,  a  contra 
band  trade  with  the  other  ports  which  are  closed,  if  not  by 
actual  military  occupation,  at  least  by  a  lawful  and  effect 
ive  blockade. 

For  myself,  I  have  no  doubt  of  the  power  and  duty  of  the 
Executive,  under  the  law  of  nations,  to  exclude  enemies  of 
the  human  race  from  an  asylum  in  the  United  States.  If 
Congress  should  think  that  proceedings  in  such  cases  lack 
the  authority  of  law,  or  ought  to  be  further  regulated  by  itr 
I  recommend  that  provision  be  made  for  effectually  pre 
venting  foreign  slave-traders  from  acquiring  domicile  and 
facilities  for  their  criminal  occupation  in  our  country. 

It  is  possible  that,  if  it  were  a  new  nod  open  question,  the 
555 


556 


APPENDIX. 


maritime  powers,  with  the  lights  they  now  enjoy,  would 
not  concede  Hie  privileges  of  a  naval  belligerent  to  the 
insurgents  of  the  United  States,  destitute,  as  they  are, 
and  always  have  been,  equally  of  ships-of-war  and  of 
ports  and  harbors.  Disloyal  emissaries  have  been  nei 
ther  less  assiduous  rnr  more  successful  during  the  last  year 
than  they  were  before  that  time  in  their  efforts,  under  fa 
vor  of  that  privilege,  to  embroil  our  country  in  foreign 
wars.  The  desire  arid  determination  of  the  governments  of 
the  maritime  States  to  defeat  that  design  arc  believed  to  be 
as  sincere  as,  and  cannot  be  more  earnest  than,  our  own. 
Nevertheless,  unforeseen  political  difficulties  have  arisen, 
especially  in  Brazilian  and  British  ports,  and  on  the  north 
ern  boundary  of  the  United  States,  which  have  required,  and 
are  likely  to  continue  to  require,  the  practice  of  constant 
vigilance,  and  a  just  and  conciliatory  spirit  on  the  part  of 
the  United  States,  as  well  as  of  the  nations  concerned  and 
their  governments. 

Commissioners  have  been  appointed  under  the  treaty 
•with  Great  Britain  on  the  adjustment  of  the  claims  of  the 
Hudson's  Bay  and  Puget  Sound  Agricultural  Companies,  in 
Oregon,  and  are  now  proceeding  to  the  execution  of  the 
trust  assigned  to  them. 

In  view  of  the  insecurity  of  life  and  property  in  the  re 
gion  adjacent  to  the  Canadian  border,  by  reason  of  recent 
assaults  and  depredations  committed  by  inimical  and  des 
perate  persons  who  are  harbored  there,  it  has  been  thought 
proper  to  give  notice  that  after  the  expiration  of  six 
months,  the  period  conditionally  stipulated  in  the  existing 
arrangement  with  Great  Britain,  the  United  States  must 
hold  thenmrves  at  liberty  to  increase  their  naval  arma 
ment  upon  the  lakes  if  they  shall  find  that  proceeding  ne 
cessary.  The  condition  of  the  border  will  necessarily  come 
into  consideration  in  connection  with  the  question  of  con 
tinuing  or  modifying  the  rights  of  transit  from  Canada 
through  the  United  States,  as  well  as  the  regulation  of  im 
posts,  which  were  temporarily  established  by  the  recipro 
city  ircaty  of  the  5th  June,  1854. 

I  desire,  however,  to  be  understood,  while  making  this 
statement,  that  the  colonial  authorities  of  Canada  are  not 
deemed  to  be  intentionally  unjust  or  unfriendly  toward  the 
United  States  ;  but,  on  the  contrary,  there  is  every  reason 
to  expect  that,  with  the  approval  of  the  imperial  govern 
ment,  they  will  take  the  necessary  measures  to  prevent  new 
incursions  across  the  border. 

The  act  passed  at  the  last  session  for  the  encouragement 
of  emigration  has,  so  far  as  was  possible,  been  put  into 
operation.  It  seems  to  need  amendment  which  will  ena 
ble  the  officers  of  the  government  to  prevent  the  practice 
of  frauds  against  the  immigrants  while  on  their  way  and  on 
their  arrival  in  the  ports,  so  as  to  secure  them  here  a  free 
choice  of  avocations  and  pla:es  of  settlement.  A  liberal 
disposition  toward  this  great  national  policy  is  manifested 
by  most  of  the  European  States,  and  ought  to  be  recipro 
cated  on  our  part  by  giving  the  immigrants  effective  na 
tional  protection.  I  regard  our  emigrants  as  one  of  the 
principal  replenishing  streams  which  are  appointed  by  Prov 
idence  to  repair  the  ravages  of  internal  war  and  its  wastes 
of  national  strength  and  health.  All  that  is  necessary  is  to 
secure  the  flow  of  that  stream  in  its  present  fullness,  and 
to  that  end  the  government  must  in  every  way  make  it 
ttianif.  st  that  it  neither  needs  nor  designs  to  impose  invol 
untary  military  service  upon  those  who  come  from  other 
lands  to  cast  their  lot  in  our  country. 

Tho  financial  affairs  of  the  government  have  been  suc 
cessfully  administered  during  the  last  year.  The  legisla 
tion  of  the  last  session  of  Congress  has  beneficially  affected 
the  revenues,  although  sufficient  time  has  not  yet  elapsed  to 
experience  the  full  effect  of  several  of  tho  provisions  of  the 
acts  of  Congress  inv  osing  increased  taxation. 

Tho  receipts  during  the  year,  from  all  sources,  upon  the 
basis  of  warrants  signed  by  the  Secretary  of  tho  Treasury, 
including  loans  and  the  balance  in  the  Treasury  on  tho  1st 
day  of  July,  1SG3,  were  $1,894,796,007  62;  and  the  aggre 
gate  disbursements,  upon  the  same  basis,  were  $1,298,056,- 
101  89,  leaving  a  balance  in  the  Treasury,  as  shown  by 
warrants,  of  $90,709,905  73. 

Deduct  from  these  amounts  the  amount  of  the  principal 
of  tho  public  debt  redeemed,  and  the  amount  of  issues  in 
substitution  tlu-rcfor,  and  cho  actual  cash  operations  of  the 
Tivisury  were:  receipts,  $884,076,646  57:  disbursements, 
$365.234,037  80;  which  leaves  a  cash  balance  in  the  Treas 
ury  of  §18,842,558  71. 

Of  the_  receipts,  there  were  derived  from  customs, 
1102,316,162  91);  from  lands,  $588,333  29:  from  direct 
taxes,  $475,618  96;  from  internal  revenue,  £109,741,134  10; 
from  miscellaneous  sources,  $47,511,448  10;  and  from  loans 
applied  to  actual  expenditures,  including  former  balance, 
929  13. 


There  were  disbursed,  for  the  civil  service,  $27,505,599  46  : 
for  pensions  and  Indians,  $7,517,930  97:  for  the  War  De 
partment,  $600,791,84297:  for  the  Navy  Department, 
185,733,292  77;  for  interest  of  the  piiblic  debt,  $53,685,421  6;l 
—making  an  aggregate  of  $865,234,087  86,  and  leaving  a 


balance  in  the  Treasury  of  $18,842,558  71,  as  before  sta 
ted. 

For  the  actual  receipts  and  di.-jbur.sements  for  the  first 
quarter,  and  the  estimated  receipts  and  disbursements  for 
the  three  remaining  quarters  of  the  current  fiscal  year,  anil 
tho  general  operations  of  the  Treasury  in  detail,  I  refer  vou 
to  the  report  of  the  Secretary  of  the  Treasury.  I  concur 
with  him  in  the  opinion  that  the  proportion  of  moneys  re 
quired  to  meet  the  exp'-nses  consequent  upon  the  war  de 
rived  from  taxation  should  be  still  further  increased:  and 
I  earnestly  invite  your  attention  to  this  subject,  to  the  end 
that  there  may  be  such  additional  legislation  as  shall  be 
required  to  meet  tho  just  expectations  of  the  Sevretaty. 

The  public  debt  on  the  1st  day  of  July  last,  as  appears  by 
the  books  of  the  Treasury,  amounted  to  $1,740.690,489  49. 
Probably,  should  the  war  continue  for  another  year,  that 
amount  may  be  increased  by  not  far  from  !?500,000,000. 
Held,  as  it  is  for  the  most  part,  by  our  own  people,  it  has 
become  a  substantial  branch  of  national,  though  private, 
property.  For  obvious  reasons,  the  more  n»arly  this  prop 
erty  can  be  distributed  among  all  the  people  the  better. 
To  favor  such  general  distribution,  greater  inducements  to 
become  owners  might,  perhaps,  with  good  effect  and  with 
out  injury,  be  presented  to  persons  of  limited  means.  \\  ith 
this  view,  I  suggest  whether  it  miglit  not  be  both  compe 
tent  and  expedient  for  Congress  to  provide  that  a  limited 
amount  of  some  future  issue  of  public  securities  might  be 
held  by  any  bonajide  purchaser  exempt  from  taxation  and 
from  seizure  for  debt,  under  such  restrictions  and  limita 
tions  as  might  be  necessary  to  guard  against  abuse  of  so 
important  a  privilege.  This  would  enable  every  prudent 
person  to  set  aside  a  small  annuity  against  a  possible  day  of 
want. 

Privileges  like  these  would  render  the  possession  of  such 
securities,  to  the  amount  limited,  most  desirable  to  every 
person  of  small  means  who  might  be  able  to  save  enough 
for  the  purpose.  The  great  advantage  of  citizens  being 
creditors  as  well  as  debtors,  with  relation  to  the  public 
debt,  is  obvious.  Men  readily  perceive  that  they  cannot  be 
much  oppressed  by  a  debt  which  they  owe  to  themselves. 

The  public  debt  on  the  1st  day  of  July  last,  although 
somewhat  exceeding  the  estimate  of  the  Secretary*  of  tho 
Treasury  made  to  Congress  at  the  commencement  of  the 
last  session,  falls  short  of  the  estimate  of  that  olliccr  made 
in  the  preceding  December,  as  to  its  probable  amount  at  tho 
beginning  of  this  year,  by  the  sum  of  $3,995,097  31.  This 
fact  exhibits  a  satisfactory  condition  and  conduct  of  the 
operations  of  the  Treasury. 

The  national  banking  system  is  proving  to  be  acceptable 
to  capitalists  and  to  the  people.  On  the  25th  day  of  No 
vember  five  hundred  and  eighty-four  national  bunks  had 
been  organized,  a  considerable  number  of  which  were  con 
versions  from  State  banks.  Changes  from  State  systems  to 
the  national  system  are  rapidly  taking  place,  and  it  is 
hoped  that  very  soon  there  will  bo  in  the  United  States  no 
banks  of  issue  not  authorized  by  Congress,  and  no  bank 
note  circulation  not  secured  by  the  Government.  That  the 
Government  and  the  people  will  derive  great  benefit  from 
this  change  in  the  banking  systems  of  the  country  can 
hardly  be  questioned.  The  national  system  will  create  a 
reliable  und  permanent  influence  in  support  of  the  national 
credit,  and  protect  the  people  against  losses  in  the  use  of 
paper  money.  Whether  or  not  any  further  legislation  is 
advisable  for  the  suppression  of  State  bank  issues  it  will  be 
for  Congress  to  determine.  It  seems  quite  clear  that  tho 
Treasury  cannot  be  satisfactorily  conducted  unless  tho 
Government  can  exereiso  a  restraining  power  over  tho 
bank-note  circulation  of  the  country. 

Tho  report  of  the  Secretary  of  War  and  the  accompany  ing 
documents  will  detail  tho  campaigns  of  the  armies  in  the 
field  since  the  date  of  the  last  annual  message,  and  also  the 
operations  of  the  several  administrative  bureaus  of  the  War 
Department  during  the-  last  year.  It  will  also  specify  the 
measures  deemed  essential  for  the  national  defence,  and  to 
keep  np  and  supply  the  requisite  military  force. 

The  report  of  the  Secretary  of  tho  Navy  presents  a  com 
prehensive  and  satisfactory  exhibit  of  the  affairs  of  that 
Department  and  of  the  naval  service.  It  is  a  subject  of 
congratulation  and  laudable  pride  to  our  countrymen  that 
a  navy  of  such  vast  proportions  has  been  organized  in  so 
brief  a  period,  and  conducted  with  so  much  efficiency  and 
success. 

Tin'  general  exhibit  of  the  Navy,  including  vessels  under 
construction  on  the  1st  of  December,  1864,  shows  a  total  wf 
671  vessels, carrying  4,610  guns,  and  of  510,396  Ions,  being 
an  actual  increase!  during  the  year,  over  and  above  all 
losses  by  shipwreck  or  in  battle,  of  83  vessels,  167  guns,  and 
42,427  tons. 

The  total  number  of  men  at  this  time  in  the  naval  ser 
vice,  including  officers,  is  about  51,000. 

There  have  been  captured  by  the  Xavy  during  the  year 
324  vessels,  and  the  whole  number  of  nav.il  captures  .since 
hostilities  c;>mmcnced  is  1,379,  of  which  267 are: steamers. 

The  gross  proceeds  arming  from  the  suit*  of  comk-iiini-d 


APPENDIX. 


55T 


prize  property,  thus  far  reported,  amount  to  $14,396.250  61. 
A  large  amount  of  such  proceeds  is  still  under  adjudica 
tion,  and  yet  to  bo  reported. 

TbQ  total  expenditure  of  the  Navy  Department  of  every 
description,  including  the  cost  of  the  immense  squadrons 
that  have  been  called  into  existence  from  tho4th  of  March, 
1861,  to  the  1st  of  November,  1864,  are  3?23S,647,'262  35. 

Your  favorable  consideration  is  invited  to  the  various 
recommendations  of  the  Secretary  of  the  Navy,  especially 
iu  regard  to  a  navy-yard  and  suitable  establishment  for  the 
construction  and  repair  of  iron  vessels,  and  the  machinery 
and  armature  for  our  ships,  to  which  reference  was  made 
in  my  last  annual  message. 

Your  attention  is  also  invited  to  the  views  expressed  in 
the  report  in  relation  to  the  legislation  of  Congress  at  its 
last  session  in  respect  to  prize  on  our  inland  waters. 

I  cordially  concur  in  the  recommendation  of  the  Secre 
tary  as  to  the  propriety  of  creating  the  new  rank  of  vice 
admiral  in  our  naval  service. 

Your  attention  is  invited  to  the  report  of  the  Postmaster 
General  for  a  detailed  account  of  the  operations  and  finan 
cial  condition  of  the  Post  Office  Department. 

The  postal  revenues  for  the  year  ending  June  30,  1864, 
amounted  to  $12,438,253  78,  and  the  expenditures  to  $12,- 
644,78020;  the  excess  of  expenditures  over  receipts  being 
$206,532  42. 

The  views  presented  by  the  Postmaster  General  on  the 
subject  of  special  grants  by  the  government  in  aid  of  the 
establishment  of  new  lines  of  ocean  mail  steamships  and 
the  policy  lie  recommends  for  the  development  of  increased 
commercial  intercourse  with  adjacent  and  neighboring 
countries,  should  receive  the  careful  consideration  of  Con 
gress. 

It  is  of  noteworthy  interest  that  the  steady  expansion  of 
population,  improvement,  and  governmental  institutions 
over  the  new  and  unoccupied  portions  of  our  country  has 
scarcely  been  checked,  much  less  impeded  or  destroyed,  by 
our  great  civil  war,  which  at  first  glance  would  seem  to 
have  absorbed  almost  the  entire  energies  of  the  nation. 

The  organization  and  admission  of  the  State  of  Nevada 
has  been  completed  in  conformity  with  law,  and  thus  our 
excellent  system  is  firmly  established  in  the  mountains 
which  once  seemed  a  barren  and  uninhabitable  waste  be 
tween  the  Atlantic  States  and  those  which  have  grown  up 
on  the  coast  of  the  Pacific  ocean. 

The  Territories  of  the  Union  are  generally  in  a  condition 
of  prosperity  and  rapid  growth.  Idaho  and  Montana,  by 
reason  of  their  great  distance  and  the  interruption  of  com 
munication  with  them  by  Indian  hostilities,  have  been  only 
partially  organized;  but  it  is  understood  that  these  dif 
ficulties  are  about  to  disappear,  which  will  permit  their 
governments,  like  those  of  the  others,  to  go  into  speedy 
and  full  operation. 

As  intimately  connected  with  and  promotive  of  this 
material  growth  of  the  nation,  I  ask  the  attention  of  Con 
gress  to  the  valuable  information  and  important  recom 
mendations  relating  to  the  public  lands,  Indian  affairs,  the 
Pacific  railroad,  and  mineral  discoveries  contained  in  the 
report  of  the  Secretary  of  the  Interior,  which  is  herewith 
transmitted,  and  which  report  also  embraces  tbe  subjects 
of  patents,  pensions,  and  other  topics  of  public  interest 
pertaining  to  his  Department. 

The  quantity  of  public  land  disposed  of  during  the  five 
quarters  ending  on  the  30th  of  September  last  was  4,221,342 
acres,  of  which  1,538,614  acres  were  entered  under  the 
homestead  law.  The  remainder  was  located  with  military 
land  warrants,  agricultural  scrip  certified  to  States  for 
railroads,  and  sold  for  cash.  The  cash  received  from  sales 
and  location  fees  was  $1,019,446. 

The  income  from  sales  during  the  fiscal  year  ending  the 
30th  of  June,  1864,  was  $078,007  21,  against  $130,077  95 
received  during  the  preceding  year.  The  aggregate  number 
of  acres  surveyed  during  the  year  has  been  equal  to  the 
quantity  disposed  of;  and  there  is  open  to  settlement  about 
1:33,000,000  acres  of  surveyed  land. 

The  great  enterprise  of  connecting  the  Atlantic  with  the 
Pacific  States  by  railways  and  telegraph  lines  has  been  en 
tered  upon  with  a  vigor  that  gives  assurance  of  success, 
notwithstanding  the  embarrassments  arising  from  the  pre 
vailing  high  prices  of  materials  and  labor.  The  route  of  the 
main  line  of  the  road  has  been  definitely  located  for  one 
hundred  miles  westward  from  the  initial  point  at  Omaha 
City,  Nebraska,  and  a  preliminary  location  of  the  Pacific 
railroad  of  California  has  been  made  from  Sacramento 
eastward  to  the  great  bend  of  the  Truckee  river  in  Nevada. 

Numerous  discoveries  of  gold,  silver,  and  cinnabar  mines 
have  been  added  to  the  many  heretofore  known,  and  the 
country  .occupied  by  the  Sierra  Nevada  and  Rocky  moun 
tains,  and  the  subordinate  ranges,  now  teems  with  enter 
prising  labor,  which  is  richly  remunerative.  It  is  believed 
that  the  product  of  the  mines  of  precious  metals  in  that 
region,  has,  during  the  year,  reached,  if  not  exceeded,  one 
hundred  millions  in  value. 
It  was  recommended  in  my  last  annual  message  that  our 


Indian  system  lie  remodeled.  Congress,  at  its  last  session, 
acting  upon  the  recommendation,  did  provide  for  reorgan 
izing  the  system  in  California,  and  it  is  believed  that  under 
the  present  organization  the  mangement  of  the  Indians 
there  will  be  attended  with  reasonable  success.  Much  yet 
remains  to  be  done  to  provide  for  the  proper  government 
of  the  Indians  in  other  parts  of  the  coin  cry  to  render  it 
secure  for  the  advancing  settler  and  to  provide  for  the  wel 
fare  of  the  Indian.  The  Secretary  reiterates  his  recom 
mendations,  and  to  them  the  attention  of  Congress  is  in- 
ited. 

The  liberal  provisions  made  by  Congress  for  paying  pen 
sions  to  invalid  soldiers  and  sailors  of  the  Republic,  and  to- 
the  widows,  orphans,  and  dependent  mothers  of  those  who- 
have  fallen  in  battle,  or  died  of  disease  contracted  or  of 
wounds  received  in  the  service  of  their  country,  have  been 
diligently  administered.  There  have  been  added  to  the 
pension  rolls,  during  the  year  ending  the  3'>th  day  of  Juno 
last,  the  names  of  10,770  invalid  soldiers  and  of  271  disabled, 
seamen,  making  the  present  number  of  army  invalid  pen 
sioners  22,767,  and  of  navy  invalid  pensioners  712. 

Of  widows,  orphans,  and  mothers,  22.198  have  been, 
placed  on  the  army  pension  rolls,  and  248  on  the  navy 
rolls.  The  present  number  of  army  pensioners  of  this  class 
is  25,433,  and  of  the  navy  pensioners  793.  At  the  beginning 
of  the  year  the  number  of  revolutionary  pensioners  was 
1,430;  only  twelve  of  them  were  soldiers,  of  whom  seven 
have  since  died.  The  remainder  are  those  who,  under  the- 
law,  receive  pensions  because  of  relationship  to  revolution 
ary  soldiers.  During  the  year  ending  the  50th  of  June, 
1864,  $4,504,616  92  have  been  paid  to  pensioners  of  all 
classes. 

I  cheerfully  commend  to  your  continued  patronage  the 
benevolent  institutions  of  the  District  of  Columbia  which 
have  hitherto  been  established  or  fostered  by  Congress,  and 
respectfully  refer,  for  information  concerning  them,  and  in 
relation  to  the  Washington  aqueduct,  the  Capitol,  and 
other  matters  of  local  interest,  to  the  report  of  the 
Secretary. 

The  Agricultural  Department,  under  the  supervision  of 
its  present  energetic  and  faithful  head,  is  rapidly  commend 
ing  itself  to  the  great  and  vital  interest  it  was  created  to 
advance.  It  is  peculiarly  the  people's  Department,  in 
which  they  feel  more  direcily  concerned  than  in  any  other. 
I  commend  it  to  the  continued  attention  and  fostering  care 
of  Congress. 

The  war  continues.  Since  the  last  annual  message  all 
the  important  lines  and  positions  then  occupied  by  our 
forces  have  been  maintained,  and  our  arms  have  steadily 
advanced:  thus  liberating  the  regions  left  in  the  rear,  so 
that  Missouri,  Kentucky,  Tennessee,  and  parts  of  other 
States  have  a  gain  produced  reasonably  fair  crops. 

The  most  remarkable  feature  in  the  military  operations 
of  the  year  is  General  Sherman's  attempted  march  of  three 
hundred  miles  directly  through  the  insurgent  region.  It 
tends  to  show  a  great  increase  of  our  relative  strength  that 
our  General-in-Chief  should  feel  able  to  confront  and  hold 
in  check  every  active  force  of  the  enemy,  and  yet  to  de 
tach  a  well  appointed  large  army  to  move  on  such  an  ex 
pedition.  The  result  not  yet  bei?  -j  known,  conjecture  in 
regard  to  it  is  not  here  indulged. 

Important  movements  have  also  occurred  during  the 
year  to  the  effect  of  moulding  society  for  durability  in  the 
Union.  Although  short  of  complete  success,  it  is  much  in 
the  right  direction  that  twelve  thousand  citizens  in  each  ol 
the  States  of  Arkansas  and  Louisiana  have  organized  loyal 
State  governments,  with  free  constitutions,  and  are  ear 
nestly  struggling  to  maintain  and  administer  them.  The 
movements  in  the  same  direction,  more  extensive  though 
less  definite,  in  Missouri,  Kentucky,  and  Tennessee,  should 
not  be  overlooked.  But  Maryland  presents  the  example  oi 
complete  success.  Maryland  is  secure  to  liberty  and  Union 
for  all  the  future.  The  genius  of  rebellion  will  no  more 
claim  Maryland.  Like  another  foul  spirit,  being  driven 
out,  it  may  seek  to  tear  her,  but  it  will  woo  her  no  more. 

At  the  last  session  of  Congress  a  proposed  amendment  ol 
the  Constitution  abolishing  slavery  throughout  the  United 
States  passed  the  Senate,  but  failed  for  lack  of  the  requi 
site  two-thirds  vote  in  the  House  of  Representatives.  Al 
though  the  present  is  the  same  Congress,  and  nearly  the 
same  members,  and  without  questioning  the  wisdom  or 
patriotism  of  those  who  stood  in  opposition,  I  venture  to 
recommend  the  reconsideration  and  passage  of  the  measure 
at  the  present  session.  Of  course  the  abstract  question  i» 
not  changed ;  but  an  intervening  ejection  shews,  almost 
certainly,  that  the  next  Congress  will  pass  the  measure  if 
this  does  not.  Hence  there  is  only  a  question  of  time,  as  to 
when  the  proposed  amendment  will  go  to  the  States  for 
their  action.  And  as  it  is  to  so  go,  at  all  events,  may  we 
not  agree  that  the  sooner  the  better  ?  It  is  not  claimed 
that  the  election  has  imposed  a  duty  on  members  to 
change  their  views  or  their  votes,  any  further  than,  as  an 
additional  element  to  be  considered,  their  judgment  may 
be  affected  by  it.  It  is  the  voice  of  the  people  now,  for  the 


558 


APPENDIX- 


first  time,  heard  upon  the  question.  In  a  great  national 
•crisis  like  OUVH,  unanimity  of  action  among  those  seeking  a 
common  end  is  very  desirable — almost  indispensable.  And 
yet  no  approach  to  such  unanimity  is  attainable  unless 
&>me  deference  shall  be  paid  to  the  will  of  the  majority 
simply  because  it  is  the  will  of  the  majority.  In  this  case 
the  common  end  is  the  maintenance  of  the  Union ;  and, 
among  the  means  to  secure  that  end,  such  will,  through 
the  election,  is  most  clearly  declared  in  favor  of  such  consti- 
tutional  amendment. 

The  most  reliable  indication  of  public  purpose  in  this 
country  is  derived  trirough  our  popular  elections.  Judging 
bv  the  recent  canvass  and  its  result,  the  purpose  of  the 
people  within  the  loyal  States  to  maintain  the  integrity  of 
the  Union  was  never  more  firm  nor  more  nearly  unanimous 
than  now.  The  extraordinary  calmness  and  good  order 
•with  which  the  millions  of  voters  met  and  mingled  at  the 
polls  give  strong  assurance  of  this.  Not  only  all  those  who 
•supported  the  Union  ticket,  so-called,  but  a  great  majority 
of  the  opposing  party  also,  may  be  fairly  claimed  to  enter 
tain  aii'l  to  be  actuated  by  the  sawie  purpose.  It  is  an  un 
answerable  argument  to  this  effect,  that  no  candidate  for 
any  office  whatever,  high  or  low,  has  ventured  to  seek  votes 
on  the  avowal  that  ho  was  for  giving  up  the  Union.  There 
have  been  much  impugning  of  motives,  and  much  heated 
controversy  as  to  the  proper  means  and  best  mode  of  ad 
vancing  the  Union  cause ;  but  on  the  distinct  issue  of  Union 
or  no  Union  the  politicians  have  shown  their  instinctive 
knowledge  that  there  is  no  diversity  among  the  people.  In 
affording  the  people  the  fair  opportunity  of  showing,  one  to 
another  and  to  the  world,  this  firmness  and  unanimity  of 
purpose,  the  election  has  been  of  vast  value  to  the  national 
cause. 

The  election  has  exhibited  another  fact  not  less  valuable 
to  be  known — the  fact  that  we  do  not  approach  exhaustion 
in  the  most  important  branch  of  national  resources — that 
of  living  men.  While  it  is  melancholy  to  reflect  that  the 
war  has  filled  so  many  graves  and  carried  mourning  to  so 
tnany  hearts,  it  is  some  relief  to  know  that,  compared  with 
tho  surviving,  the  fallen  have  been  so  few.  While  corps 
and  divisions  and  brigades  and  regiments  have  formed  and 
fought  and  dwindled  and  gone  out  of  existence,  a  great  ma 
jority  of  the  men  who  composed  them  are  stil!  living.  Tho 
same  is  true  of  the  naval  service.  The  election  returns 
prove  this.  So  many  voters  could  not  else  be  found.  The 
States  regularly  holding  elections  both  now  and  four  years 
ago,  to  wit:  California,  Connecticut,  Delaware,  Illinois,  In 
diana,  Iowa,  Kentucky,  Maine,  Maryland,  Massachusetts, 
Michigan,  Minnesota,  Missouri,  New  Hampshire,  New 
Jersey,  New  York,  Ohio,  Oregon,  Pennsylvania,  Rhode 
Island,  "Veimont,  West  Virginia,  and  Wisconsin,  cast 
3,982,011  votes  now  against  3,870,222  cast  then,  showing  an 
aggregate  now  of  3,982,011.  To  this  is  to  be  added  o3,762 
cast  now  in  the  new  States  of  Kansas  and  Nevada,  which 
States  did  not  vote  in  1860,  thus  swelling  the  aggregate  to 
4,015,773  arid  the  not  increase  during  the  three  years  and  a 
half  of  war  to  145,551.  A  table  is  appended  showing  par 
ticulars  To  this  again  should  be  added  the  number  of  all 
soldiers  in  the  field  from  Massachusetts,  Rhode  Island, 
New  Jersey,  Delaware,  Indiana,  Illinois,  and  California, 
who,  by  the  laws  of  those  States,  could  not  vote  away  from 
their  homes,  and  which  number  cannot  be  less  than  90,000. 
Nor  yet  is  this  all.  Tho  number  in  organized  Territories  is 
triple  uow  what  it  was  four  years  ago,  while  thousands, 
white  and  black,  join  us  as  the  national  arms  press  back  tho 
insurgent  lines.  So  much  is  shown  affirmatively  and  nega 
tively  by  the  election.  It  is  not  material  to  inquire  how 
the  increase  has  been  produced  or  to  show  that  it  would 
have  been  greater  but  for  the  war,  which  is  probably 
true.  The  important  fact  remains  demonstrated  that  we 
have  more,  men  now  than  we  had  when  the  war  began ;  that 
we  are  not  exhausted  nor  in  process  of  exhaustion ;  that  we 
are  gaining  strength,  and  may  if  need  be  maintain  the  con 
test  indefinitely.  This  as  to  men.  Material  resources  are 
now  more  complete  and  abundant  than  ever. 

The  national  resources,  then,  are  unexhausted,  and,  as  wo 
believe,  inexhaustible.  The  public  purpose  to  re-establish 
and  maintain  the  national  authority  is  unchanged,  and,  as 
we  believe,  unchangeable.  The  manner  of  continuing  the 
effort  remains  to  choose.  On  careful  consideration  of  al! 
the  evidence  accessible,  it  seems  to  me  that  no  attempt  at 
negotiation  with  th«  insurgent  leader  could  result  in  any 
good.  lie  would  accept  nothing  short  of  severance  of  tho 
Union — precisely  what  we  will  not  and  cannot  give.  His 
•declarations  to  this  effect  are  explicit  and  oft  repeated.  He 
•does  not  -attempt  to  deceive  us.  He  affords  us  no  excuse  to 
deceive  ourselves.  lie  cannot  voluntarily  reacccpt  the 
Union  ;  we  cannot  voluntarily  yield  it.  Between  him  and 
us  tlie  issue  is  distinct,  simple,  and  inflexible.  It  is  an  issue 
which  can  only  be  tried  by  war,  and  decided  by  victory.  If 
we  yield,  we  are  beaten ;  if  the  Southern  people  fail  him,  he 
is  beaten.  Either  way,  it  would  be  the  victory  and  defeat 
following  war.  What  i*  true,  however,  of  him  who  heads 
the  insurgent  cause  is  not  necessarily  true  of  those  who 


follow.  Although  he  cannot  reaccept  the  Union,  they  can. 
Some  of  them,  we  know,  already  desire  peace  and  reunion. 
The  number  of  such  may  increase.  They  can  at  any  mo 
ment  have  peace  simply  by  laying  down  their  arms  and 
submitting  to  the  national  authority  under  the  Constitution. 
After  so  much,  the  Government  could  not,  if  it  would,  main 
tain  war  against  them.  The  loyal  people  would  not  sustain 
or  allow  it.  If  questions  should  remain,  we  would  ad 
just  them  by  the  peaceful  means  of  legislation,  conference, 
courts,  and  votes,  operating  only  in  constitutional  and  law 
ful  channels.  Some  certain,  and  other  possible,  qnestions 
arc,  and  would  be,  beyond  the  executive  power  to  adjust; 
as,  for  instance,  the  admission  of  members  into  Congress, 
and  whatever  might  require  the  appropriation  of  money. 
Tho  executive  power  itself  would  be  greatly  diminished  by 
the  cessation  of  actual  war.  Pardons  and  remissions  of 
forfeitures,  however,  would  still  be  within  executive  con 
trol.  In  what  spirit  and  temper  this  control  would  be  ex 
ercised  can  be  fairly  judged  of  by  the  past. 

A  year  ago  general  pardon  arid  amnesty,  upon  specified 
terms,  were  offered  to  all,  except  certain  designated  classes ; 
and  it  was,  at  the  same  time,  made  known  that  the  excepted 
classes  were  still  within  contemplation  of  special  clemency. 
During  the  year  many  availed  themselves  of  the  general 
provision,  and  many  more  would,  only  that  the  signs  of  bad 
faith  in  some,  led  to  such  precautionary  measures  as  ren 
dered  the  practical  process  less  easy  and  certain.  During 
the  same  time  also  special  pardons  have  been  granted  to 
individuals  of  the  excepted  classes,  and  no  voluntary  appli 
cation  has  been  denied.  Thus,  practically,  the  door  has 
been,  for  a  full  year,  open  to  all,  except  such  as  were  not  in 
condition  to  make  free  choice — that  is,  such  as  were  in  cus 
tody  or  under  constraint.  It  is  still  so  open  to  all.  But  the 
time  may  come — probably  will  come — when  public  duty 
shall  demand  that  it  be  closed ;  and  that,  in  lieu,  more  rig 
orous  measures  than  heretofore  shall  be  adopted. 

In  presenting  the  abandonment  of  armed  resistance  to 
the  national  authority  on  the  part  of  the  insurgents,  as  the 
only  indispensable  condition  to  ending  the  war  on  the  part 
of  the  Government,  I  retract  nothing  heretofore  said  as  to 
slavery.  I  repeat  the  declaration  made  a  year  ago,  that 
"  while  I  remain  in  my  present  position  I  shall  not  attempt 
to  retract  or  modify  the  emancipation  proclamation,  nor 
shall  1  return  to  slavery  any  person  who  is  free  by  the  terms 
of  that  proclamation,  or  by  any  of  the  acts  of  Congress."  If 
the  people  should,  by  whatever  mode  or  means,  make  it  an 
executive  duty  to  re-enslave  such  persons,  another,  and  not 
I,  must  be  their  instrument  to  perform  it. 

In  stating  a  single  condition  of  pence,  I  mean  simply  to 
say  that  the  war  will  cease  on  the  part  of  the  Government 
whenever  it  shall  have  ceased  on  the  part  of  those  who  be 
gan  it.  ABRAHAM  LINCOLN. 

DECEMBER  6, 1864. 

Table  showing  the  Aggregate   Votes  in  the  States  named, 
at  the  Presidential  Elections  respectively  in  1860  and  1864. 

1860.  1864. 

California 118,840        *110,000 

Connecticut 77,246  80,616 

Delaware 16,039  16,924 

Illinois 339,693  3-K'j:;:, 

Indiana 272.143  280,645 

Iowa 128,331  143,o31 

Kentucky ,. 146,216  *91,300 

Maine 97,918  115,141 

Maryland 92,502  72,703 

Massachusetts 169.533  175,487 

Michigan 154,747  162,413 

Minnesota 34,799  42,534 

Missouri 165,538  *90,OOC 

New  Hampshire 65,953  69,111 

New  Jersey 121,125  llNf.M) 

New  York 675.156  730,664 

Ohio 442.441  470.745 

Oregon 14,410  +14,410 

Pennsylvania 476,442  57-->,697 

Rhode  Island 19,931  22,187 

Vermont 42.844  55,811 

West  Virginia 46,195  33,874 

Wisconsin 152,180  148,513 

3,870,222      3,982,011 

Kansas , 17.234 

Nevada  16528 

33,762 

Total.. .... 4,015,773 

3,870,222 

Net  increase ~ 145,551 


Nearly. 


f  Estimated. 


APPENDIX. 


559 


Memorandum  of  Changes  in  List  of 
Senators  and  Representatives. 

The  following  changes  occurred  from  the 
last  session: 

IN  SENATE. 

1864,  December  5— Nathan   A.    Farwell,  of 
Maine,  qualified  as  successor  of  William  Pitt 
Fessenden,  resigned  to  become  Secretary  of  the 
Treasury.       Mr.    Fessenden,    having   been    re 
flected,  resumed  his  seat  March  4,  1865. 

1865.  February    1 — William  M.   Stewart  and 
James  W.  Nyetook  their  seats  as  Senators  from 
Nevada — the  former  drawing  the  term  to  expire 
March  3,  1867,  the  latter  the  term  to  expire 
March  3,  1869. 

1865,  February  13— Thomas  Holliday  Hicks, 
of  Maryland,  died.  His  successor,  John  A. 
J.  Ocswell,  was  not  qualified  until  March  10, 
during  the  Special  Executive  Session  of  the 
Senate. 

IN    HOUSE    OF    REPRESENTATIVES. 

1864,  December  5  — Dwight  Townsend,  of 
New  York,  qualified  as  successor  of  Henry  G. 
Stebbins,  resigned. 

1864,  December  21 — Henry  G.  Worthington, 
of  Nevada,  qualified. 

Arrests  of  Citizens,  and  the  Writ  of 
Habeas  Corpus. 

AEBESTS  OF  CITIZENS. 

1865,  February   18— The  Secretary  of  War, 
in  reply  to  a  resolution  of  the  Senate,  of  Feb 
ruary    14,*    sent  a  report  to   that  body  of  his 
action  under  the  act  referred  to,  (see  p.  183,)  of 
which  these  extracts  give  the  substance  : 

Shortly  after  the  passage  of  said  act,  viz,  on  the  23d  of 
March,  1863,  Colonel  Holt,  Judge  Advocate  General,  the 
chief  law  officer  of  the  Department,  was,  by  an  order  of 
that  date,  charged  with  the  execution  of  the  provisions  of 
that  act  in  the  following  instructions : 

WAR  DEPARTMENT, 
WASHINGTON  CITY,  March  23, 1863. 

COLONEL  :  I  beg  you  to  direct  your  attention  to  the  provision 
of  the  late  act  of  Congress  requiring  prisoners  held  under 
military  authority  to  be  released  within  a  certain  time,  and 
to  ask  that  proceedings  may  be  taken  against  such  as  are 
not  proper  to  bo  released,  and  that  you  will  see  that  the 
provisions  of  that  law  are  observed  ir.  regard  to  all  persons 
held  in  military  custody. 

Very  respectfully,  your  obedient  servant, 

EDWIN  M.  STANTON, 

Secretary  of  War. 

Hoii.  J.  HOLT,  Judge  Advocate  General. 
After  theso  instructions,  the  Judge  Advocate  General 
made  report,  transmitting  to  this  department  a  list  of  po 
litical  prisoners,  and  reported  that  "duplicates  had  been 
furnished  to  the  judges  of  the  circuit  nnd  district  courts  of 
the  United  States,  in  compliance  with  the  requirements  of 
the  act  of  Congress."  His  report  is  as  follows  : 

JUDGE  ADVOCATE  GENERAL'S  OFFICE, 

WASHINGTON,  June  9,  18G3. 

SIR:  Pursuant  to  instructions  received  from  you  under 
date  of  March  23, 1863,  I  have  the  honor  to  transmit  here 
with  lists  of  political  prisoners,  of  which  duplicates  have 
been  furnished  to  the  judges  of  the  circuit  and  district 
courts  of  the  United  States,  in  compliance  with  the  re 
quirements  of  the  act  of  Congress  of  March  3  last,  entitled 


*  On  motion  of  Mr.  Powell,  unanimously  adopted: 
Jifsiived,  That  the  Secretary  of  War  be  directed  to  in 
form  the  Senate  whether  or  not  he  has  furnished  the  judges 
of  the  circuit  and  district  courts  of  the  United  States,'aud  of 
the  District  of  Columbia,  a  list  of  the  names  of  the  persons 
held  as  «•  State  or  political  prisoners,  or  otherwise  than  as 
prisoners  of  war,  as  required  by  the  second  section  of  the 
act  entitled  '  An  act  relating  to  habeas  corpus  and  regula 
ting  judicial  proceedings  in  certain  cases,' "  approved  March 
3,  1863. 


"  An  act  relating  to  habeas  corpus,  and  regulating  judicial 
proceedings  in  certain  cases. '•' 

Your  instructions  to  me  were,  "  to  sec  that  the  provisions 
of  that  law  are  observed  in  regard  to  all  persons  held  in 
military  custody."  For  the  preparation  of  the  lists  required 
by  those  provisions,  there  were  furnished  me  by  you  rolls 
of  prisoners  confined  in  the  Government  prisons  at  St.  Louis, 
Alton,  Louisville,  Sandusky,  Wheeling,  Camp  Chase,  Ohio, 
Fort  Lafayette,  Fort  McHenry,  Fort  Delaware,  and  in  the 
Old  Capitol  Prison  at  Washington.  In  consequence  of  the 
late  date  of  your  letter  of  instruction,  and  of  the  receipt  of 
the  rolls,  as  well  as  on  account  of  the  pressure  of  business, 
the  lists  have  not  been  furnished  within  the  twenty  days 
specified  in  the  act.  This  delay,  however,  cannot  affect  the 
privileges  of  the  prisoners  in  question,  as  will  be  seen  by  a 
reference  to  the  third  section  of  the  act  alluded  to  at  the 
end  of  this  communication. 

Most  of  the  rolls  furnished  are  incomplete  in  view  of  the 
requirements  of  the  act,  in  that  they  do  not  state  where  the 
offences  were  committed,  or  by  whose  authority  the  ar 
rests  were  made,  and  some  of  them  do  not  specify,  in  many 
cases,  what  was  the  offence  or  charge.  The  residence  of 
prisoners,  however,  is  generally  given,  and  this,  in  nearly 
every  case,  affords  a  venue  for  trial,  according  to  the 
terms  of  the  act. 

It  not  being  generally  stated  in  the  rolls  by  whose  au 
thority  the  arrests  which  are  the  subject  of  this  communi 
cation  were  made,  it  has  been  presumed  (for  the  purposes 
of  the  present  lists)  that  all  were  made  by  the  authority, 
cither  directly  or  indirectly,  of  the  President,  acting 
through  the  Secretary  of  War.  In  point  of  fact,  however, 
it  is  believed  that  these  arrests  were  generally  made  by 
military  commanders  and  provost  marshals,  without  any 
intervention  on  the  part  of  the  President  or  Secretary. 

A  considerable  number  of  the  prisoners  enumerated  in 
some  of  the  rolls,  especially  those  from  the  prisons  of  St. 
Louis  and  Alton,  are  not  included  in  the  lists  prepared  by 
mo  for  the  United  States  judges.  The  act  does  not  appear 
to  have  been  carefully  framed,  and  has  been  found  to  be 
extremely  difficult  of  construction.  In  view  of  this  fact 
and  of  the  deficiencies  in  the  rolls,  as  well  as  in  consideration 
of  the  exigencies  of  the  service,  the  act  has  been  strictly 
construed  by  mo;  and  those  cases  which  are  clearly  triable 
by  court-martial  or  military  commission,  and  which  are 
being  every  day  thus  tried,  and  readily  and  summarily  dis 
posed  of,  arc  not  generally  included  in  the  lists. 

Such  are  cases  of  prisoners  arrested  as  "guerrillas"  or 
"bushwhackers,"  or  as  being  connected  with  or  aiding 
these.  So,  too,  of  those  arrested  for  communicating  intelli 
gence  to  the  enemy  in  the  sense  of  the  57th  article  of  war, 
and  of  those  taken  as  spies.  It  is  not  believed  that  it  was 
intended  in  the  act  to  invite  attention  to  cases  of  persons 
charged  with  purely  military  offences,  or  of  persons  suffer 
ing  under  sentences  of  military  tribunals. 

The  cases  of  parties  confined  under  sentences  pronounced 
by  military  courts  previous  to  the  date  of  the-act  are,  there 
fore,  not  contained  in  the  present  lists.  But  the  large  class 
of  prisoners,  in  whose  case  no  charge  or  offence  is  set  forth 
in  the  rolls,  or  who  are  noted  as  -'awaiting  charges,"  anc 
the  numerous  class  of  those  who  are  specified  as  "confined 
during  the  war,"  (without  it  being  added  that  they  are  un 
der  sentence,)  are  both  included.  The  lists  also  embrace 
those  cases  in  which  the  charge  is  stated  in  general  terms, 
as  by  the  words  "  rebel,"  "  disloyal,"  &c.,  &c.,  and  farther 
comprise  prisoners  held  as  "  hostages  "  merely,  or  as  "  ref 
ugees." 

The  construction  of  the  act  which  has  been  adopted  by 
me  is  supported  by  the  consideration  that,  under  its  provi 
sions,  such  construction  cannot  impair  the  rights  of  any 
prisoner  not  placed  in  the  lists;  for  it  is  provided,  in  the 
third  section,  that  in  case  a  prisoner  is  omitted  to  be  pre 
sented  by  the  Secretary  to  the  judge  in  the  formal  list, ho 
may  obtain,  by  a  process  therein  prescribed,  the  judge's 
order  for  his  discharge  upon  the  same  terms  as  those  which 
govern  the  case  of  the  prisoners  whose  names,  &c.,  have 
been  furnished  in  the  list  by  the  Secretary. 

Very  respectfully,  your  obedient  servant, 

J.  HOLT, 
Judge  Advocate  General 

Hon.  E.  M.  STANTON,  Secretary  of  War. 

I  have  no  knowledge  or  information  of  any  other  persons 
held  as  State  or  political  prisoners  of  the  United  States,  by 
order  or  authority  of  the  President  of  the  United  States, 
or  of  the  Secretary  of  State,  or  of  the  Secretary  of  War.  in 
any  fort,  arsenal,  or  other  place,  since  the  date  of  the  ro- 
port  of  the  Judge  Advocate  General. 

Prior  to  the  passage  of  the  act  approved  March  3.  1863, 
measures  had  been  taken  by  the  Secretary  of  War  to  exam 
ine  and  determine  the  cases  of  State  and  political  prisoners, 
by  the  appointment  of  commisskners  to  visit,  from  time  to 
time,  the  military  prisons,  with  authority  to  discharge  all 
cases  proper  to  be  discharged.  Since  the  passage  of  the 
act,  the  same  course  has  been  pursued  in  regard  to  persons 
arrested  by  State  authorities  or  subordinate  military  com- 


560 


APPENDIX- 


manders,  without  authority  from  the  President,  Secretary 
of  State,  or  Secretary  of  War. 

In  some  of  the  military  departments  persons  were  occa- 
niotKilly  arrested  and  held  in  military  prisons  as  State  or  po- 
Htical  prisoners,  by  order  of  State  executives  or  local  mili 
tary  commanders,  without  any  authority  from  the  President, 
Secretary  of  State,  or  Secretary  of  War.  Although  these 
persons  did  not  come  within  the  terms  of  the  act  of  Con 
gress,  measures  were  from  timo  to  time  taken  to  have  all 
tuch  cases  promptly  investigated,  and  the  parties  released, 
whenever  it  could  be  done  without  prejudice  to  the  public 
safety.  To  that  end  a  commissioner  was  appointed  to  in 
vestigate  all  cases  of  imprisonment  at  Camp  Chase;  and  a 
special  comini.ssion,  charged  with  similar  duty,  consisting 
of  the  honorable!  Benjamin  S.  Cowan,  Roswell  Marsh,  and 
Samuel  W.  Bostwick.  visited  the  State  prisons  at  Alton, 
St.  Louis,  Camp  Douglas,  and  elsewhere  in  the  department 
of  the  Missouri.  *  *  *  * 

A  special  commission,  consisting  of  Judge  King  and 
Judge  Bond,  was  also  appointed  for  the  examination  of 
prisoner!  confined  at  Fort  Delaware  or  elsewhere  in  the 
Middle  department.  General  Dix  was  also  directed,  by  an 
order,  dated  the  l^th  of  January,  1864,  to  investigate  the 
cases  of  persons  arrested  and  detained  in  Fort  Lafayette 
and  other  military  prisons  in  the  Eastern  department, 
which  have  been  used,  by  direction  of  the  President,  for 
the  custody  of  persons  seized  by  naval  officers  while  en 
gaged  in  blockade  running  or  illicit  trade,  and  which  class 
of  prisoners  is  not  specified  in  the  act  of  Congress  of 
March  3, 1803.  ***** 

The  military  prisons  in  the  District  of  Columbia  have 
been  used  for  the  custody  of  prisoners  arrested  by  frhe 
military  commanders  of  this  and  other  Departments,  as 
well  as  by  the  Navy  Department.  On  the  1st  of  February, 
1864,  Major  Turner,  Judge  Advocate,  was  directed  to  in 
vestigate  all  cases  of  persons  arrested  and  imprisoned  in 
the  military  prisons  of  the  District  of  Columbia,  and  has 
continued  charged  with  that  special  duty  until  the  present 
time.  ****** 

Frequent  inspections  of  military  prisons,  in  addition  to 
the  foregoing  measures,  have  also  been  made  by  officers 
specially  assigned  to  that  duty.  * 

I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  EDWIN  M.  STANTON, 

Secretary  of  War. 

Tke  PRESIDENT  or  THE  SENATE. 

IN  SENATE. 

1864,  December   19 — Mr.  POWELL  submitted 
the  following  resolution,  and  asked  for  its  pres 
ent  consideration : 

Resolved,  That  the  President  be  requested  to  communi 
cate  to  the  Senate  ail  information  in  his  possession  bearing 
on  the  arrest  and  imprisonment  of  Colonel  Riahard  J.Ja 
cob,  Lieutenant  Governor  of  the  State  of  Kentucky,  and 
Col.  Frank  Woolford,  one  of  the  Presidential  electors  of 
that  State;  particularly  by  whose  order  they  were  arrested 
and  imprisoned,  where  they  are  at  present  confined,  and 
what  offences  are  charged  against  them. 

December  20 — Resolution  amended  by  insert 
ing  after  the  word  "  Senate,"  the  words  "  if  not 
in  his  opinion  incompatible  with  the  public 
interest,"  and  adopted. 

1865,  January  31 — The  President  responded, 
giving  papers  on  the  subject. 

IN  HOUSE  OF  REPRESENTATIVES. 

1864,  De     liber  15 — Mr.  MALLORY  offered  a 
similar  resolution,  but,   being  objected  to,   it 
went  over  under  the  rules. 

1865,  January   10 — Mr.   KERNAN,  by   unan 
imous  consent,  introduced  the  following  resolu 
tion,  which  was  agreed  to  : 

Resolved,  That  the  Committee  on  Military  Affairs  be,  and 
the  same  is,  directed  to  inquire  and  report  to  the  House 
what  legislation  or  action,  if  any,  is  necessary  to  secure  to 
persons  arrested  and  imprisoned  by  military  authority  a 
prompt  examination  into  the  cause  of  their  arrest,  and 
their  discharge  if  there  be  no  adequate  cause  for  their  de 
tention,  and  a  speedy  trial  where  there  is  such  cause. 

1865,  January  1£ — Mr.  GANSON,  by  unanimous 
consent,  introduced  the  following  resolution, 
which  was  agreed  to  : 

Resolved,  That  the  Military  Committee  be,  and  they  are 
heretiy,  directed  to  ascertain  and  report  to  this  House  as 
soon  as  possible  the  number  of  perspns  now  confined  in  the 
Old  Capitol  and  Carroll  prisons ;  when  such  persons  were 


respectively  arrested  and  confined,  and  upon  what  charge* 
their  arrests  were  made;  whether  any  of  such  persons  are 
officers  of  the  Army,  and  have  been  confined  without  a 
trial  beyond  the  time  in  fliat  respect  prescribed  by  law  or  by 
the  regulations  in  the  military  service ;  and  whether  any 
persons  so  in  prison  are  confined  without  any  written 
charges  made  against  them;  and  whether  there  are 
any  persons  now  in  said  prisons  who  have  not  hud  any 
trial ;  if  so,  report  the  names  of  such  persons,  the  time 
when  they  were  arrested,  and  the  alleged  cause  of  their 
arrest  respectively ;  and  that  the  said  committee  be, 
and  they  are  hereby,  authorized  to  send  for  persons  and 
papers. 

Mr.  STEVENS  subsequently  moved  to  recon 
sider  the  vote  by  which  the  resolution  was 
adopted.  Mr.  GARFIELD  moved  to  lay  this  mo 
tion  on  the  table,  which  was  agreed  to — yeas, 
136,  nays  5,  as  follows  : 

YEAS— Messrs.  Alley,  Allison,  Ames,  >lnc0na,  Arnold,  Ash 
ley,  Baily,  Augustus  C.  Baldwin,  John  D.  Baldwin,  Baxter, 
Beaman,  Blainw,  Blair,  Bliss,  Boutwell,  Boyd,  Brandegee, 
Brooks,  Broornall,  James  S.  Brown,  William  G.  Brown, 
Freeman  Clarke,  Clay,  Coffroth,  Cole,  Cox,  Cravens,  Cres- 
well,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes,  Daw- 
son,  Deming,  Denison,  Dixon,  Donnelly,  Driggs,  Eden,  Ed- 
gerbm,  Eldridge,  Eliot,  English,  Farnsworth,  FincL;  Frank, 
Gansnn,  Garfield,  Grider,  Griswold,  Hale,  Hall,  Harring 
ton,  diaries  M.  Harris,  Herrick,  Higby,  Holman,  Hotchkiss, 
Asahel  W.  Hubbard,  John  H.  Hubbard,  Ingersoll,  William 
Johnson,  Kulbjleixch,  Kasson,  Kel ley,  Francis  W.  Kellogg, 
Kernan,  Kiny,  Knox,  Law,  Lazear,  Le  Blond,  Long,  Long- 
year,  Mallory,  Marcy,  McClurg,  McDowell,  Samuel  F.  Mil 
ler,  Moorhead,  Morrill,  Daniel  Morris,  James  R.  Morris, 
Morrison,  Amos  Myers,  Leonard  Myers,  Noble,  Norton! 
Charles  O'Neill,  John  O'Neill,  Orth,  Patterson,  Pendleton, 
Perham,  Perry,  Pike,  Price,  Samuel  J.  Randall,  William  H. 
Randall,  Alexander  II.  Rice,  John  H.  Rice,  Robinson, Rog 
ers,  Edward  II.  Rollins,  James  S.  Rollins,  Rons,  Scofield, 
Scott,  Shannon,  Sloan,  Smith,  Smithers,  Starr,  John  B. 
Steele,  Stiles,  Strouse,  Stuart,  Sweat,  Thayer,  Townsend, 
Tracy,  Upson,  Van  Valkenburgh,  Wadsworth,  Ward, 
Ellihu  B.  Washburne.  William  B.  Washburn,  Webster, 
Wheeler,  Chilton  A.  White,  Joseph  W.  While,  Williams, 
Wilder,  Wilson,  Windom,  Fernando  Wood,  Ycaman—\3&. 

NAYS— Messrs.  Cobb,  Eckley,  McBride,  Spalding,  Steven* 
— 5. 

No  report  appears  to  have  been  made. 

1865,  January  30 — Mr.  ELDRIDGE  asked,  but 
failed  to  obtain,  leave  to  offer  this  resolution  : 

Resolved,  That  the  President  of  the  United  States  be  re 
spectfully  requested,  and  the  Secretary  of  State  and  Sec 
retary  of  War  be  directed,  to  report  and  furnish  to  this 
House  the  names  of  the  persons,  if  any  there  are,  who 
have  been  arrested  and  are  now  held  in  imprisonment  or 
confinement  in  any  prison,  fort,  or  other  place  whatsoever, 
for  political  offences,  or  any  other  alleged  offence  against 
the  Government  or  authority  of  the  United  States  by  the 
order,  command,  consent,  or  knowledge  of  any  of  them, 
or  either  of  them  respectively,  and  who  have  not  been 
charged,  tried,  or  convicted  before  any  civil  or  criminal  (not 
military)  court  of  the  land,  together  with  the  charge 
against  such  person,  or  cause  for  such  arrest  and  impris 
onment,  excepting  only  such  persons  as  may,  at  the  time 
of  their  arrest,  have  been  in  the  military  or  naval  service 
of  the  United  States,  together  with  the  name  of  the  pris 
on,  fort,  or  place  where  they  are  severally  kept  or  con 
fined  :  also  whether  any  person  or  persons,  for  any  al 
leged  like  offence,  have  been  banished  or  sent  from  the 
United  States,  or  those  not  in  rebellion  to  the  rebellious 
States,  the  names,  times,  alleged  offences,  and  causes  there 
of;  and  whether  with  or  without  trial ;  and  if  tried,  before 
what  court. 

February  20 — It  being  before  the  House,  a 
motion  to  table  it  was  lost — yeas  54,  nays  58, 
as  follows : 

YEAS — Messrs.  Ames,  Ashley,  Baxter,  Beaman,  Blair, 
Boutwell,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cobb,  Cole,  Thomas  T.  Davis.  Deming,  Dixon,  Duuiont, 
Eckley,  Eliot,  Farnsworth,  Grinnell,  Higby,  Hooper, 
John  H.  Hubbard,  Hulburd,  Julian,  Kasson,  Kelley.  Fran 
cis  W.  Kellogg,  Knox,  Littlejohn,  Loan,  Longyear,  Marvin, 
McBride,  McClurg,  Samuel  F.  Miller,  Morrill,  Daniel  Mor 
ris,  Amos  Myers,  Norton,  Patterson,  Perham,  Pomeroy, 
William  II.  Randall,  John  H.  Rice,  Edward  H.  Rollins, 
Shannon,  Sloan,  Smith,  Smithers,  Starr,  Tracy,  Ugpson, 
William  B.  Washburn,  Worthington— 54. 

NAYS — Messrs.  James  C.  Allen,  Allison,  Ancona,  Baily, 
Augustus  C.  Baldwin,  John  D.  Baldwin,  Bliss,  Brandeyee. 


APPENDIX. 


561 


Janes  S.  Brown,  William  G.  Brown,  Clianler,  Clay,  Cof- 
froth,  Cox.  Dawson,  Denison,  Donnelly,  Driggs,  Eden,  Ed- 
gertim,  Eldridge,  Finck,  Ganson,  Griswold,  Harrington 
Charlt'S  M.  Harris,  Herrick,  Holman,  Hulchins,  Ingersoll 
Kalbfteisch,  Orlando  Kellogg,  Kernan,  Knapp,  Le  Blond, 
Long,  Mdllory,  Marcy,  McKinw.y,  William  H.  Miller, 
Jnim'g  R,  Morris,  .Kelson,  Noble,  Odell,  Pendleton,  Pruyn, 
Radford,  Ross,  John  B.  Steele,  William  G.  Steele,  Thayer 
Townsend,  Wadsworth,  Whaley,  Wheeler,  Wilson,  Winjield 
Fentando  Wood— 58. 

A  decisive  vote  upon  it  was  not  taken — 
other  business  having  intervened. 

1865,  March  2 — The  Miscellaneous  Appro 
priation  bill  being  before  the  Committee  of  the 
Whole, 

Mr.  DAVIS,  of  Maryland,  moved  the  follow 
ing  amendment  as  an  additional  section  : 

SEC.  — .  And  be  it  farther  enacted,  That  no  person  shall 
be  tried  by  court-martial,  or  military  commission,  in  any 
State  or  Territory  where  the  courts  of  the  United  States 
are  open,  except  persons  actually  mustered,  or  commis 
sioned,  or  appointed  in  the  military  or  naval  service  of  the 
United  States,  or  rebel  enemies  charged  with  being  spies  ; 
and  all  proceedings  heretofore  had  contrary  to  this  provi 
sion  are  vacated;  and  all  persons  not  subject  to  trial, 
under  this  act,  by  court-martial  or  military  commission, 
now  held  under  sentence  thereof,  shall  be  forthwith 
discharged  or  delivered  to  the  civil  authorities  to  be  pro 
ceeded  against  before  the  courts  of  the  United  States  ac 
cording  to  law;  and  all  acts  inconsistent  herewith  are 
hereby  repealed. 

Mr.  SCHENCK  moved  to  amejd  by  striking 
out  all  after  the  word  "  spies,"  as  follows  : 

And  all  proceedings  heretofore  had  contrary  to  this  provi 
sion  are  vacated;  and  all  persons  not  subject  to  trial, 
under  this  act,  by  court-martial  or  military  commission,  now 
held  under  sentence  thereof,  shall  be  forthwith  discharged 
or  delivered  to  the  civil  authorities  to  be  proceeded 
against  before  the  courts  of  the  United  States  according  to 
law ;  and  all  acts  inconsistent  herewith  are  hereby  re 
pealed. 

Mr.  TEAMAN.  I  ask  my  friend  from  Ohio 
[Mr.  Schenck]  to  accept  the  following  as  an 
addition  to  his  amendment,  to  be  inserted  in 
lieu  of  what  he  proposes  to  strike  out: 

Or  enemies  charged  with  a  violation  of  the  laws  of  war. 

Mr.  SCHENCK.     That  is  for  guerrillas  ? 

Mr.  YEAMAN.     Tea,  sir. 

Mr.  SCHENCK.  I  will  modify  my  amend 
ment  so  as  to  make  it  to  strike  out  all  of  the 
amendment  of  the  gentleman  from  Maryland 
[Mr.  Davis]  after  the  word  "spies,"  andinsert 
what  the  gentleman  from  Kentucky  [Mr.  Tea 
man]  has  proposed. 

Mr.  KASSON  suggested  this  substitute,  which 
Mr.  Davis  declined  to  accept : 

That  no  person  shall  hereafter  be  tried  by  court-martial 
or  military  commission  in  any  State  or  Territory  where  the 
courts  of  the  United  States  are  open  for  any  charge  not 
sp'M  Ified  as  an  offence  by  military  or  civil  law,  nor  for 
pffemvs  cognizable  in  said  courts  and  punishable  by  exist 
ing  civil  law,  except  they  are  persons  actually  mustered  or 
commissioned  or  appointed  in  the  military  or  naval  service 
of  the  United  States,  or  rebel  enemies,  or  spies,  or  con 
spirators  in  aid  of  the  rebellion  against  the  United  States 
who  are  charged  with  being  spies,  or  with  being  the  vio 
lators  of  military  law. 

Mr.  DAVIS  subsequently  consented  to  strike 
from  his  amendment  the  words,  "  discharged 
or." 

Mr.  SCHENCK'S    amendment  was   rejected 

ayes  53,  nays  71. 

Mr.  DA  vis's  amendment  was  agreed  to — yeas 
75,  nays  64. 

Mr.  TEAMAN  moved  to  add  this  proviso  to 
Mr.  Davis's  amendment,  but  withdrew  it  on 
being  refused  permission  to  explain  it: 

Provided,  That  in  cases  of  murder,  arson,  larceny  rob 
ber},  mal/cious  arrest,  false  imprisonment  assault  and  bat- 
36 


tery,  maiming,  shooting,  or  stabbing  with  intent  to  kill, 
done  by  the  enemies  of  the  United  States,  or  those  in  armed 
hostility  to  the  laws  thereof,  the  circuit  and  district  courts 
of  the  United  States,  and  commissioners  of  the  United 
States,  shall  have  as  full  and  complete  jurisdiction  as  the 
several  courts  of  the  States  where  any  of  said  crimes  may 
be  done,  with  power  to  inflict  the  same  punishments: 
And  provided  further,  That  nothing  in  this  act  shall  bo 
construed  to  prevent  or  restrict  courts-martial  of  their 
jurisdiction  of  offenses  against  the  laws  and  usages  of  war, 
committed  by  persons  in  armed  rebellion  to  the  laws  of  the 
United  States. 

Mr.  JENCKES  moved  to  add  after  the  word 
"  spies,"  the  words  ''  or  guerrillas  ;"  which  was 
agreed  to. 

The  bill  having  been  reported  from  the  Com 
mittee  of  the  Whole  with  sundry  amendments, 
Mr.  DAVIS  moved  to  amend  the  amendment 
adopted  on  his  motion  by  the  Committee  of  the 
Whole  on  the  state  of  the  Union,  by  striking 
out  all  after  the  word  "spies,"  as  follows  : 

Or  guerrillas;  and  all  proceedings  heretofore  had  con 
trary  to  this  provision  are  vacated,  and  all  persons  not  sub 
ject  to  trial  under  this  act  by  courts-martial  or  military 
commissions  now  held  under  sentence  thereof,  shall  bo 
forthwith  delivered  to  the  civil  authorities  to  be  proceeded 
against  before  the  courts  of  the  United  States  according  to 
law;  and  all  acts  inconsistent  herewith  are  hereby  re- 


So  that  the  clause  will  read  : 

And  be  it  further  enacted,  That  no  person  shall  be  tried 
by  court-martial  or  military  commission  in  any  State  01 
Territory  where  the  courts  of  the  United  States  are  open, 
except  persons  actually  mustered,  or  commissioned,  or  ap 
pointed  in  the  military  or  naval  service  of  the  United 
States,  or  rebel  emissaries  charged  with  being  spies. 

Which  was  agreed  to — yeas  73,  nays  71,  as 
follows: 

YEAS — Messrs.  James  C.  Allen,  Ancona,  Augustus  C. 
Baldivin,  Beaman,  Bliss,  Boutwell,  Brandegee,  Brooks, 
Broomall,  Cof/roth,  Cox,  Cravens,  Henry  Winter  Davis. 
Dawes,  Dawsrm,  Deming,  Dixon,  Eden,  Eldridge,  Eliot! 
English,  Ganson,  Garfield,  Gooch,  Grider,  Griswold,  Hale. 
Ifarding,  Benjamin  G.  Harris,  Herrick,  Holman,  Hotch- 


Price,  Radford,  Alexander  II.  Rice,  Rogers,  Ross,  Schenck. 
Scofield,  Scott,  Smithers,  John  B.  Steele.  William  G.  Steel:, 
Strouse,  Stuart,  Townsend,  Tracy,  Upson,  Ward,  William 
B.  Washburn,  Webster,  Wheeler,  Chilton  A.  White,  Joseph 
W.  White,  Winfield—73. 

NAYS — Messrs.  Allison,  Arnold,  Ashley,  John  D.  Bald 
win,  Baxter,  Elaine,  Blow,  Boyd,  Chanler,  Ambrose  W. 
Clark,  Freeman  Clarke,  Cobb,  Cole,  Denison.  Brings,  Eck- 
ley,  Edgcrton,  Farns  worth,  Finck,  Grinnell,  Higby,  Hoop 
er,  Asahel  W.  Hubbard,  John  H.  Ilubbard,  Hulburd,  In- 
gersoll,  Jenckes,  Philip  Johnson,  Kalbfleiscli,  K«lley. 
Francis  W.  Kellogg,  Orlando  Kellogg,  Kuox,  Littlejobn. 
Loan,  Long,  Longyear,  Marvin,  McBride,  McClurg  Sam 
uel  F.  Miller,  William  H.  Miller,  Moorliead,  Merrill,  Dan 
iel  Morris,  Ainos  Myers,  Leonard  Myers,  Norton,  Charles 
O'Neill,  Orth,  Patterson,  Pike,  Pomeroy,  Pruyn,  Sam 
uel  J.  Randall,  William  H.  Randall,  John  II.  Rice,  Ed 
ward  H.  Rollins,  Shannon,  Sloan,  Spalding,  Stevens 
Stiles,  Thayer,  Thomas,  Ellihu  B.  Washburne.  Wilson,  Win- 
dom,  WooiJbridge,  Worthington,  Teaman — 71. 

The  amendment  as  amended  was  then  agreed 
to — yeas  80,  nays  64,  os  follows: 
YEAS— Messrs.  James  C.  Allen,  Ancvna,    Augustus  C. 


Eden,  Edgerton,  Eldridge,  English,  Finck,  Ganson,  Gar- 
field,  Gooch,  Grider,  Griswold,  Hale,  Harding  Beinamir 
G.  Harris,  Herrick,  Holman,  Hotchkiss,  Hutchins,  Phil>,> 
Johnson,  Kalbjleisch,  Kernan,  King,  Knapp,  Law  Lazear 
Le  Blond,  Long,  McKinney,  Middltton,  William  H  Miller 
Jamts  R.  Morris,  Morrison,  Nelson,  Noble,  Odf.lt  John 
O'Neill,  Pendleton.  Perry,  Pruyn,  Radford,  Samuel  J 
Randall,  Alexander  H.  Rice,  Rogers,  James  S.  RoUin: 
Ross,  Schenck,  Scolt,  Smithers,  John  B.  Steele,  William  G'' 
Steele,  Stiles,  Strouse,  Stuart,  Townsend,  Tracy  Ward  Web 
ster,  Wheeler,  Chilton  A.  White,  Joseph  W.  White  Winfield 
Teaman — 80. 
NATS— Messrs.  Ames,  Arnold.  Ashley,  John  D.  Baldwin. 


502 


APPENDIX. 


Baxter,  Beaman,  Blow,  Boyd,  Arobroso  W.  Clark,  Freeman 
Clark.-,  Cobb,  Colo,  Eckley,  Eliot,  Farrisworth,  Frank, 
(/r.'nri"ll,  Higby,  Hooper,  Asalu-1  W.  Ilubbard,  John  U. 
Hub;;;'.rd,  Hulburd,  Ingersoll,  Jenrkes,  Kasson,  K  el  ley, 
Frarid*  W.  Kellogg,  Orlando  Kellogg,  Knox,  Littlejohn, 
Lo;m,  Longyear,  Marvin,  McBrido,  McClurg,  Samuel  F. 
Miller.  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Leon;  i-d  Myers,  Norton,  Charles  O'Neill,  Ortli,  Patterson, 
IVihi'tn,  Pike,  Poineroy,  William  II.  Randall,  John  II. 
Ki.  .-.  Scofield,  Shannon,  Sloan,  Spalding,  Stevens,  Thaycr, 
Vih<n:;'s,  Upson,  Ellihu  B.  Washburn->,  William  B.  Wash- 
burn,  Wilson,  Windom,  Woodbridge,  Worthingtoii— 64. 

The  Appropriation  bill  then  passed  the  House 
— yeas  92,  nays  41. 

IN  SENATE. 

March  3 — Mr.  TRUMBULL  moved  to  amend 
the  amendment  so  that  it  would  read  : 

Th::t  no  person  shall  be  tried  by  court-martial  or  mili- 
;ary  commission  in  any  State  or  Territory  where  the  courts 
>f  the  United  States  are  open,  except  persons  employed, 
lrafti-d,  enlisted,  or  actually  mustered  or  commissioned  or 
ippoiuted  in  the  military  or  naval  service  of  the  United 
States,  or  rebel  enemies  charged  with  being  spies. 

Which  was  agreed  to— yeas  25,  nays  4,  as 
follows : 

Yr.\s — Messrs.  Anthony,  BuckaJew,  Clark,  Cowan,  Davis, 
<\irr;dl,  Foster,  Grimes,  Halo,  Hendrirks,  Johnson,  Lane  of 
Indiana,  McDougall,  Morgan,  Merrill,  Nesmith,  Powell, 
lamsey,  Ttiddlc,  Sprague,  Sumner,  Trumbu.ll,  Van  "Winkle, 
iVade,  Wilson— 25. 

NAYS— Messrs.  Conness,  Howard,  Nye,  Stewart — 4. 

Mr.  LANE,  of  Indiana,  moved  to  strike  out 
;hc  section  as  amended,  which  was  agreed  to — 
?eas  20,  nays  14,  as  follows  : 

YEAS — Messrs.  AnthoTiy,  Brown,  Chandler,  Clark,  Con- 
iess.  Farwell,  Foster, Grimes,  Ilarlan, Howard,  Howe,  Lane 
>f  Indiana,  Morgan,  Morrill,  Nyo,  Ramsey,  Stewart,  Sum- 
ier.  Wilkinson.  Wilson— 20. 

NVYS — Messrs.  Buckulew,  Cowan,  Dams,  Hale,  Hen- 
IricL-s,  Johnson.  McDougall,  Nesmith,  Powell,  Riddle, 
5pr  ;guc,  Trumbull,  Van  Winkle,  Wade— 14. 

The  bill  then  passed — yeas  26,  nays  5. 

The  House  insisted  on  its  action  ;  and  a  Com- 
nittee  of  Conlerence  reported  an  agreement 
ipon  all  the  points  of  disagreement,  except 
*dih  regard  to  arrests;  but  the  hour  of  ad- 
ournment  arrived  before  cither  House  acted 
m  the  report,  and  the  bill  fell. 

BAIL    IN    CERTAIN    CASES    OF    ARREST. 

February  24 — Mr.  TRUMBULL  moved  to  take 
ip  Senate  bill  providing  for  bail  in  certain 
;ases  of  military  arrests. 

It  provides  that  contractors,  who,  by  the 
sixteenth  section  of  the  act  of  July  17,  1862, 
ivo  made  subject  to  trial  by  military  tribunals, 
should  be  allowed  bail  when  arrested. 

Mr.  POWELL  offered  this  as  a  new  section : 

That  any  officer  in  the  executive,  military,  or  naval  ser- 
m-o  of  the  United  States,  who  shall  arrest  or  cause  to  be 
in-vested,  any  person  or  persons  not  engaged  in  tho  military 
>!•  naval  service  of  the  United  States,  and  who  is  not  en- 
iriged  in  the  rebellion  against  the  United  States,  shall  imme- 
Ihitely  hand  the  person  or  persons  so  arrested  over  to  tho 
:ivil  authorities  to  have  the  case  investigated  and  tho  par 
ties  so  arrested  tried  according  to  law.  Any  officer  en- 
jaged  in  tho  executive,  naval,  or  military  service  of  tho 
Unitc-d  States,  who  shall  violate  this  section,  shall  be  deemed 
guilty  of  a  felony,  and,  upon  indictment  and  conviction 
thereof  in  any  court  of  the  United  States  having  jurisdic 
tion  to  try  and  punish  such  cases,  shall  be  punished  by  a 
fino  of  not  less  than  $500  and  not  exceeding  $10,000,  and 
xmfinement  in  the  penitentiary  of  not  less  than  one  year, 
oor  more  than  fivo^years,  in  the  discretion  of  the  court 
frying  the  samo :  Provided,  That  nothing  in  this  section 
shall  bo  so  construed  as  to  prevent  any  officer  who  shall 
aiako  an  unlawful  arrest  from  being  prosecuted  in  a  civil 
»uit  for  damages  for  such  unlawful  arrest. 

The  subject  was  debated  and  laid  aside,  and 
not  again  reached. 


HABEAS  CORPUS. 

1865,  February  11 — Before  the  Supreme 
Court  of  the  District  of  Columbia,  in  the  case 
of  Christopher  V.  Ilogan,  confined  in  the  Old 
Capitol  prison,  (upon  charges  of  implication 
in  the  robbery  of  a  paymaster.)  on  whose  be 
half  a  writ  of  habeas  corpus  was  issued,  the 
following  return  was  made  by  William  P.  Wood, 
the  keeper  of  the  prison  : 

That  the  body  of  Ilogan  is  rn  my  possession ;  that  he 
wag  arrested  and  imprisoned  by  authority  of  the  President 
of  the  United  States;  and  that  I  do  not  produce  this  body 
by  reason  of  the  order  of  the  President  of  the  United 
States,  endorsed  upon  said  writ,  to  which  reference  is  here 
by  respectfully  made. 

The  endorsement  of  the  President  is : 

The  within-named  Christopher  Ilogan  was  arrested  and 
is  imprisoned  by  my  authority.  This  writ  of  habeas  cor 
pus  is  suspended,  and  the  officer  having  Ilogan  in  custody 
is  directed  not  to  produce  his  body,  but  hold  him  in  cus 
tody  until  further  order,  giving  this  order  in  your  return 
to  the  court.  A.  LINCOLN. 

January  23. 1865. 

In  the  argument  it  was  contended  that  the 
2d  section  of  the  act  of  March  3,  1863,  con 
tained  restrictions  on  the  power  of  suspension, 
one  of  which  was  that  if  a  regular  term  of  the 
proper  United  States  court  should  come  and 
go  without  an  indictment  being  found  against 
the  prisoner,  he  was  entitled  to  drschirge  on 
habeas  corpus.  The  Court  unanimously  over 
ruled  the  point,  Justice  Olin  delivering  the 
opinion.  Justice  Wylio  dissented  from  the  rea 
soning  of  the  opinion,  though  concurring  in 
the  opinion. 

IN  HOUSE. 

1865,  February  11 — Mr.  LE  BLOND  intro 
duced  a  bill  to  repeal  "An  act  relating  to  hnbeai 
corpus,  and  regulating  judicial  proceedings  in 
certain  cases;"  which  was  referred  to  the 
Committee  on  the  Judiciary. 

February  16 — Reported  unfavorably  from  the 
Committee,  by  Mr.  WILSON. 

PUNISHMENT    OF   AN    EDITOR. 

The  following  paragraph  appeared  in  the 
public  papers,  telegraphed  from  Trenton,  N. 
J.,  February  15,  1865: 

In  the  United  States  Court,  E.  N.  Fuller,  editor  of  Tin 
Newark  Journal,  was  fined  $100  for  publishing  article* 
against  the  United  States  Enrollment  Law.  He  pleadec 
guilty  and  made  a  statement  to  the  Court  which  mitigatec 
his  offence. 

Confiscation. 

In  continuation  of  the  record  on  pages  195— 
203,  and  260,  it  should  be  st-ated  that  the  prop 
osition  to  repeal  the  clause  limiting  confisca 
tion  to  life-estate  was  a  part  of  the  first  report 
of  the  Committee  of  Conference  on  the  Freed- 
men's  bill;  which  was  rejected  in  the  Senate. 
February  22,  1865,  (for  which,  see  beyond.) 
There  was  no  direct  vote  on  the  naked  preposi 
tion  in  the  Senate,  and  no  other  vote  involving 
it  in  the  second  session  of  the  Thirty-eighth 
Congress  ;  but  these  proceedings  took  place  : 
IN  HOUSE  OF  REPRESENTATIVES. 

1865,  February  22— Mr.  WILLIAMS,  from  the 
Judiciary  Committee,  reported  this  bill: 

That  so  much  of  the  joint  resolution  explanatory  ol 
"  An  act  to  suppress  insurrection,  to  punish  treason  and  re 
bellion,  to  seize  and  confiscate  the  property  of  rcbt-ls,  and 
for  other  purposes,"  approved  July  seventeenth,  eighteen 


APPENDIX. 


563 


hundred  and  sixty-two,  aa  prohibits  the  forfeiture  of  the 
real  estate  of  revels  beyond  their  natural  lives,  be,  and  the 
same  is  hereby,  repealed. 

Sue.  2.  That  this  act  shall  take  effect  and  be  in  fon«e 
from  and  after  its  passage. 

February  23 — Mr.  HOLMAN  moved  that  it  b' 
tabled  ;  which  was  lost — yeas  52,  nays  61.  Oi 
ordering  it  to  be  engrossed  and  read  a  third 
time,  the  yeas  were  67,  nays  54.  A  motion  by 
Mr.  Cox  to  table  it,  when  on  final  passage,  was 
lost — yeas  68,  nays  68,  the  Speaker  voting  nay. 
The  bill  then  passed— yeas  73,  nays  72,  as  fol 
lows  : 

YEAS— Messrs.  Allison,  Ames,  Ashley,  John  D.  Baldwin, 
Baxter.  Beaman,  Blainc,  Boutwell,  Boyd,  Brandegee, 
Broomall.  Ambrose  \V.  Clark,  Freeman  Clarke,  Cobb,  Cole, 
Thomas  T.  Davis,  Dawes,  Doming,  Dixou,  Donnelly,  Driggs, 
Dumont,  Eckley,  Kliot,  Frank,  Gartield,  Gooch,  Grinnell, 
Hi.gby,  Hooper,  Asahel  W.  Ilubbard,  John  II.  Hubbard, 
Hulburd,  Ingersoll,  Jenckes,  Kelley,  Orlando  Kellogg, 
Kuox,  Litthjohn,  Loan,  Longyear,  Marvin,  McBride,  Mc- 
Clurg,  Samuel  F.  Miller,  Moorhead,  Merrill,  Daniel  Morris, 
Leonard  Myers,  Norton,  Orth,  Patterson,  Pike,  Pomeroy, 
Price,  Alexander  II.  Rice.  John  II.  Rice,  Edward  II.  Rollins,  I 
Schenck,  Shannon,  Sloan,  Smithers,  Starr,  Stevens,  Thayer,  ' 
Upson,  Van  Valkf  nburgh,  Ellihu  B.  Washbume,  William 

B.  Washburn,    Wilder,   Wilson,  Woodbridge,   Worthing- 
ton— 73. 

NATS — Messrs.  James  C.  Allen,  Ancona,  Baily,  Augustus 

C.  Baldwin,  Blair,  Bliss.  Brooks,  James  S.  Brown,  C/ianler, 
Clay,  Coffroth,  Cox,  Cravens,  Dawson,  Denison,Eden,Edger- 
ion,  Eldridge,    English,    Finck,   Ganson,  Griswold,  Hale, 
Hall,  Harding,  Benjamin  G.  Harris,  Holman,  Hutchins, 
Philip  Johnson,   Kalbjleisch,  Kernan,  King,  Law,  Lazear, 
Lf  Blond,  Long,  Mallory,  Marcy,  McAllister,   William  H. 
Miller,  James  It.  Morris,   Morrison,  Ndson,  Noble,   Odell,  \ 
John  O'Neill,  Pendleton,  Perry,   Pruyn,  Radford,  Samuel 
J.  Randall,  Wm.  II.  Randall,  Rogers,  James  S.  Rollins,  Roxs. 
John  B.  Steele,    William  G.  Steele,  Stiles,  Strouse,  Stuart, 
Sweat,    Toiunscnd,  Tracy,   Voorhees.  Wadsworth,  Webster, 
Whaley,    Wheeler,  Joseph    W.  White,    Winfield,  Fernando 
Wood,  Yeaman — 72. 

This  bill  was  net  reached  in  the  Senate. 
Military  Legislation. 

AMENDMENT    TO    THE    ENROLLMENT  BILL. 

The  Enrollment  Act  of  March  3,  1865, 
though  lengthy,  contains  no  new  principle,  and 
is  devoted  to  details.  One  section  (the  22d) 
repeals  the  3d  section  of  the  act  of  July  4,  1864, 
which  authorized  the  Governors  of  loyal  States 
to  send  recruiting  agents  to  certain  of  the  re 
bellious  States,*  (see  p.  117.)  It  passed  as  re 
ported  from  the  Committee  of  Conference : 

IN  SENATE, 

Without  a  division. 

IN  HOUSE  OF  REPRESENTATIVES, 

The  vote  was — yeas  72,  nays  56,  as  follows : 
YEAS— Messrs.  Allison,  Ames,  Arnold,  Ashley,  Baily, 
John  D.  Baldwin,  Baxter,  Beaman  ,  Blow,  Boutwell,  Broom- 
all,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb,  Cole,  Cres- 
well,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes,  Dixon 
Driggs,  Eckley,  Eliot,  Garfield,  Gooch,  Griswold,  Higby, 
Asahel  W.  Ilubbard,  John  II.  Ilubbard,  Hulburd,  Jenckes, 
Kasson,  Kelley,  Orlando  Kellogg,  King,  Littlejohn,  Long- 
year,  Marvin,  McAllister,  McClurg,  Samuel  F.  Miller, 
Moorhead,  Morrill,  Amos  Myers,  Leonard  Myers,  Odell 
Charles  O'Neill,  Orth,  Patterson,  Pcrliam,  Pike,  Pomeroy, 
Price,  William  H.  Randall,  Alexander  II.  Rice,  John  H. 
Rice,  James  S.  Rollins,  S«henck,  Scofield,  Shannon  Sloan 
Smith,  Smithers,  Upson,  Yan  Valkenburgh,  William  B. 


*  February  6— On  an  Enrollment  bill,  Mr.  BUCKALEW  of 
fered  a  repealing  clause,  which  was  agreed  to — yeas  28 
nays  12,  as  follows  : 

YEAS— Messrs.  Brown,  Buckalew,  Carlile.  Chandler,  Col- 
lamer,  Cowan,  Davis,  Doolittle,  Grimes,  Harlan,  Harris, 
Henderson,  Hendricks,  Howard,  Howe,  Johnson,  Lane  of 
Indiana,  Nesmith,  Powell,  Ramsey,  Richardson,  Saulsbury 
Sherman,  Ten  Eyck,  Trumbull,  Van  Winkle,  Willey,  Wright 


—28. 


NAYS — Messrs.  Anthony,  Clark,  Conness,  Dixon,  Farwell, 
Foster,  Hale,  Morgan,  Morrill,  Nye,  Sumner,  Wilson— 12. 


Wnshburn,   Williams,  Wilder,   Wilson,    Windcm,    Wotxl- 
bridge,  Worthington — 72. 

NAYS — Messrs.  James  C.  Allen,  Ancona,  Augustus  C, 
Baldwin,  Bliss,  Boyd,  Brooks,  James  S.  Brown,  Chanler, 
Coffroth,  Cravens,  Dawson,  Edgcrton,  Eldridge,  English, 
Farnsworth,  Finck,  Grinnell,  Hale,  Cliarlcs  M.  Harris, 
Herrick.  Holman,  Hotchkiss,  Ingersoll,  Philip  JoJms<m, 
Kalbjleisch,  Francis  W.  Kellogg,  Knapp,  Le  Blond,  Long, 
Mallory,  Murcy,  McKinney,  William  H.  Miller,  James  R. 
Morris,  Morrison,  Nelson,  Noble,  Norton,  John  O'Ntill, 
Pendleton,  Perry,  Radford,  Samuel  J.  Randall,  Ross,  Scott, 
John  B.  Steele,  Stevens,  Stiles,  Strouse,  Stuart,  Tracy,  Voor- 
heps,  Ward,  Ellihu  B.  Washburne,  Whaley,  Chilian  A.  White 
—56. 

During  the  consideration  of  the  general 
question,  these  votes  were  taken  : 

IN  SENATE. 

CIVIL   INSTEAD    OF    MILITARY   COURTS. 

February  7 — Mr.  COWAN  offered  an  amend 
ment  to  the  effect  that  recruiting  agents,  sub 
stitute  brokers,  or  other  persons  enlisting 
any  insane  person,  &c.,  shall  be  fined  and 
imprisoned  upon  conviction  by  any  "court  of 
the  United  States  having  competent  jurisdic 
tion,"  instead  of  by  a  "  court  martial  or  military 
commission,"  as  the  section  was  reported  from 
the  Military  Committee ;  which  was  agreed 
to — yeas  29,  nays  14,  as  follows  : 

YEAS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Dixon, 
Doolittle,  Farwell,  Foot,  Foster,  Hale,  Harlan,  Harris,  Hen 
derson,  Hendricks,  Howe,  Johnson,  Lane  of  Kansas,  Mor 
gan.  Nesmith,  Pomeroy,  Powell,  RicJiardson  Riddle,  Sauls- 
buty,  Ten  Eyck,  Trumbull,  Van  Winkle,  Willey,  Wright— 
29. 

NAYS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Con- 
ness,  Grimes,  Howard,  Morrill,  Nye,  Ramsey,  Sherman, 
Stewart,  Sumner,  Wilson— 14. 

NO    SUBSTITUTION. 

Mr.  LANE,  of  Kansas,  moved  as  a  substitute,  for 
the  first  section : 

That  ill  acts  and  parts  of  acts  now  in  force  providing  for 
substitutions,  or  regulating  the  substitution  of  another  for 
a  person  drafted  into  the  military  service,  be,  and  the  same 
are  hereby,  repealed. 

Which  was  rejected — yeas  7,  nays  31,  as 
follows : 

YEAS— Messrs.  Brown,  Doolittle,  Grimes,  Howe,  Lane  of 
Indiana,  Lane  of  Kansas,  Ramsey — 7. 

NAYS— Messrs.  Anthony,  Buckaleiv,  Clark,  Collamer, 
Conness,  Cowan,  Davis,  Dixon,  Farwell,  Foot,  Foster,  Hale, 
Ilarlan,  Harris,  Henderson,  Hendricks,  Johnson,  Morgan, 
Morrill,  Pomeroy,  Powell,  Riddle,  Sherman,  Stewart,  Sum 
ner,  Ten  Eyck,  Trumbull,  Van  Winkle,  Willey,  Wilson, 
Wright— 31. 

EXEMPTION  OF    OFFICIALS. 

Mr.  HENDRICKS  offered  an  additional  section  : 
That  the  heads  of  Executive  Departments,  judges  of  the 
courts  of  the   United  States,  and  members  of  Congress, 
during  their  term  of  service,  shall  be  exempt  from  milita 
ry  duty. 

Which  was  rejected — yeas  9,  nays  27,  as  fol 
lows  : 

YEAS — Messrs.  Brown,  Buckalew,  Davis,  Hendricks 
Pomeroy.  Poioell,  Riddle,Tr\imlmtt.  Wright— 9. 

NAYS — Messrs.  Anthony,  Chandler,  Clark,  Conness,  Cow 
an,  Dixon,  Farwell,  Foot,  Foster,  Grimes,  Harlan,  Harris, 
Henderson,  Howard,  Johnson,  Lane  of  Indiana,  Lane  of 
Kansas,  Morgan,  Morrill,  Ramsey,  Sherman,  Stewart,  Sum 
ner,  Ten  Eyck,  Van  Winkle,  Willey,  Wilson— 27. 

IN  HOUSE  OF  REPRESENTATIVES. 

TO    REPEAL    ALL    CONSCRIPTION    LAWS. 

February  27 — Mr.  CHANLER,  of  New  York, 
offered  this  section  as  an  addition  to  the  13th 
sec  ion  of  the  House  bill: 

That  so  much  of  all  acts  or  parts  of  acts  entitled  acts  to 
regulate  and  provide  for  enrolling  and  calling  out  the  na 
tional  forces,  and  for  other  purposes,  as  authorize  the  Pres 
ident  of  the  United  States  to  raise  troops  by  conscriptiou 


564 


APPENDIX. 


be,  and  hereby  arc,  repealed ;  and  that  all  acts  and  part 
acts  inconsistent  with  this  section  be,  and  the  same  ar 
hereby,  repealed.  • 

Which  was  not  agreed  to — yeas  27,  nays  95 
as  follows: 

YEAS — Messrs.  Anemia,  Broolcs,  Chanter,  Clay,  Denison 
Eden,  Edf/erton,  Eldridge,  Benjamin  G.  Harris,  Le  Blond 
Long,  Mallory,  William  If.  Miller,  Morrison,  Noble,  Join 
O'Neill,  Pcndleton,  Perry,  Pniyn,  Rogers,  Ross,  Stilts 
Strouse,  Townsend,  Wadsworlh,  ChiltonA.  White  Joscp) 
W.  White— 27. 

NAYS — Messrs.  James  C.  Allen,  Allison,  Ames,  Ashley 
Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Elaine,  Boyd 
Brandegee,  Broomall,  Cobb,  Cole,  Cravens,  Henry  Wintei 
Davis,  Thomas  T.  Davis,  Dawes,  Doming,  Dixon,  Donnelly 
Driggs,  Dumont,  Eckley,  Eliot,  l%Z«s//,  Farns  worth,  Frank 
Ganson,  Gtarfleld,  Gooch,  Grider,  Griswold,  Hale,  Higby 
Hooper,  Ilotchkiss,  Asahel  W.  Hubbard,  John  H.  Hubbard 
Ilulburd,  Ingersoll,  Jenckes,  Kelley,  Francis  W.  Kellogg 
Orlando  Kellogg,  King,  Knox,  Lazear,  Littlcjohn,  Loan 
Longyear,  JHarcy,  Marvin,  Me  Bride,  McClurg,  Samuel  F 
Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers 
Leonard  Myers,  Norton,  OdcU,  Charles  O'Neill,  Orth,  Pat 
tcrson,  Pcrham,  Pomeroy,  Price,  William  II.  Randall,  Al 
exander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins,  Schenck 
Scott,  Shannon,  Sloan,  Smither.s,  Spalding,  Stevens,  Thayer 
Tracy,  Upson,  Van  Yalkenburgh,  Ellihu  B.  Washburne 
William  B.  Wnshburn,  Webster,  Whaley,  Whfflc.r,  Wil 
liams,  Wilder,  Wilson,  Windom,  Woodbridgo,  Worthington 
— 95. 

RESOLUTIONS    CONCERNING    ENROLLMENT. 

IN  SENATE. 

1864,  December  15 — Mr.  BROWN  offered  the 
following,  which  was  agreed  to  : 

Resolved,  That  the  Committee  on  Military  Affairs  and 
the  Militia  be,  and  they  are  hereby,  instructed  to  inquire 
into  the  expediency  of  so  amending  the  act  of  Congress  of 
March  8, 1792,  entitled  "  An  act  more  effectually  to  pro 
vide  for  the  national  defence  by  establishing  a  uniform 
militia  throughout  the  United  States,"  and  also  the  several 
acts  amendatory  of  tho  same,  as  shall  provide  for  the  en 
rollment  of  all  male  citize-ns  between  the  ages  of  eighteen 
and  forty-five,  resident  in  the  respective  Slates,  without 
respect  to  color;  and  also  to  submit  such  other  provisions 
as  may  tend  more  efficiently  to  organise  the  militia  system 
of  the  United  States,  and  report  by  bill  or  otherwise. 

IN  HOUSE  OF  REPRESENTATIVES. 

EXEMPTION  OF  THE  CLERGY. 

1865,  February  6 — Mr.  PRICE,  by  unanimous 
consent,  introduced  the  following,  which  was 
adopted  : 

Whereas  the  genius  and  policy  of  our  Government  is  op 
posed  to  making  distinctions  between  religious  denomina 
tions,  but  guarantees  equal  protection  lo  all  and  exclusive 
privileges  to  none ;  and  whereas  it  is  alleged  that  certain 
preachers  of  the  gospel,  belonging  to  some  of  tho  churches 
whoso  religious  tenets  do  not  bring  them  within  tho  scope 
of  the  act  of  February,  1864,  for  "enrolling  and  calling  out 
the  national  forces,"  have,  since  the  passage  of  said  act, 
been  exempted  from  military  duty  after  being  drafted, 
without  complying  with  section  seventeen  of  said  law: 
Therefore, 

Be  it  resolved.  That  the  Secretary  of  War  be,  and  he  is 
hereby,  directed  to  inform  this  House  whether  any  privi 
leges  have  been  granted  to  the  preachers  of  any  denomi 
nation  of  professing  Christians  which  have  been  denied  to 
others,  and  if  so,  what  denomination  those  persons  be 
longed  to,  and  also  their  names  and  place  of  residence,  with 
the  reason*  for  making  such  distinction. 

February  8 — The  Secretary  of  War  sent  this 
reply : 

WAR  DEPARTMENT, 
WASHINGTON  CITY,  February  7, 1865. 
SIR  :  I  have  the  honor  to  transmit  herewith  the  report  of 
the  Provost  Marshal  General  in  answer  to  the  resolution  of 
the  House  of  Representatives  of  tho  6th  instant,  in  relation 
to  preachers  of  the  gospel.  I  have  no  information  upon 
the  subject  referred  to  in  the  resolution  except  that  con 
tained  in  tho  report  qf  the  Provost  Marshal  General,  and  do 
not  know  of  any  privileges  having  been  granted  to  preach 
ers  of  one  denomination  of  professing  Christians  that  have 
been  denied  to  other  denominations. 

Very  respectfully,  your  obedient  servant, 

EDWIN  M.  STANTON, 

Secretary  of  War. 


WAR  DEPARTMENT, 
PROVOST  MARSHAL  GENERAL'S  BUREAG, 

WASHINGTON,  D.  C.,  February  7, 1866. 

Sm:  I  have  the  honor  to  acknowledge  tho  receipt  of  a 
resolution  of  the  House  of  Representatives,  dated  Febru 
ary  6, 1865,  wherein  the  Secretary  of  War  is  "  directed  to 
inform  this  House  whether  any  privileges  have  been  granted 
to  the  preachers  of  any  denomination  of  professing  Chris 
tians  which  have  been  denied  to  others,  and  if  so,  what  de 
nomination  these  persons  belonged  to,  and  also  their 
names  and  place  of  residence,  with  the  reasons  for  making 
such  distinction." 

In  reply  I  have  the  honor  to  state  that  I  know  of  no  in 
stance  in  which  boards  of  enrollment  have  exempted  preach 
ers  of  the  gospel  belonging  to  churches  "  whose  religious 
tenets  do  not  bring  them  within  the  scope  of  the  act  of 
February,  1864,  for  enrolling  and  calling  out  the  national 
forces,"  nor  do  I  know  of  any  "privileges  havirg  been 
granted  to  the  preachers  of  any  denomination  of  professing 
Christians  which  have  been  denied  to  others." 

I  have  the  honor  to  be,  sir,  very  respectfully,  your  obe 
dient  servant,  JAMES  B.  FRY, 

Provost  Marshal  General, 

CONFISCATION  OF  PROPERTY  OF  DESERTERS. 

1864,  December  21 — Mr.GRiNNELL  asked,  but 
failed  to  obtain,  leave  to  offer  this : 

Resolved,  That  the  Committee  on  Military  Affairs  bo  in 
structed  to  report  at  an  early  day  upon  the  expediency  of 
a  law  to  confiscate  for  the  Government,  when  practicable, 
so  much  of  the  property  of  conscripts  who  have  failed  to 
report  for  duty  as  may  be  required  to  secure  the  services  of 
i  soldier  in  their  stead. 

1865,  January  7 — Mr.  G.  offered  the  resolu 
tion,  and  it  was  passed. 

FREEDOM    OF     SOLDIERS'     FAMILIES. 

IN  SENATE. 

1865,  January  9 — A  joint  resolution  passed,* 
with  these  provisions : 

That  the  wife  and  children,  if  any  he  have,  of  any  per 
son  that  has  been,  or  may  be,  mustered  into  the  military  or 
naval  service  of  the  United  States,  shall,  from  and  after  its 
passage,  be  forever  free,  any  law,  usage,  or  custom  whatso 
ever  to  the  contrary  notwithstanding;  and  in  determining 
who  is  or  was  the  wife  and  who  are  the  children  of  an  en- 
isted  person,  evidence  that  he  and  the  woman  claimed  to 
LAO  his  wife  have  cohabited  together,  or  associated  as  hus- 
:>and  and  wife,  and  so  continued  to  cohabit  or  associate  at  the 
time  of  the  enlistment,  or  evidence  that  a  form  or  ceremony 
of  marriage  (whether  such  marriage  was  or  M-as  not  au- 
horiz«d  or  recognized  bylaw)  has  been  entered  into  or 
celebrated  by  them,  and  that  the  parties  thereto  thereafter 
ved  together,  or  associated  or  cohabited  as  husband  and 
wile,  and  so  continued  to  live,  cohabit  or  associate  at  the 
time  of  the  enlistment,  shall  be  deemed  sufficient  proof  of 
marriage,  and  the  children  born  of  any  such  marriage 
shall  be  deemed  and  taken  to  be  the  children  embraced 
within  the  provisions  of  the  act,  whether  such  marriage 
hall  or  shall  not  have  been  dissolved  at  tho  time  of  such 
enlistment. 


*  HEADQUARTERS  DEPARTMENT  OF  KENTUCKY, 

LOUISVILLE,  KT.,  March  12, 1865. 
General  Orders  No.  10.] 

The  General  commanding  announces  to  the  colored  men 
f  Kentucky  that,  by  an  act  of  Congress  passed  on  the  3d 
ay  of  March,  1865,  the  wives  and  children  of  all  colored 
men  who  have  heretofore  enlisted,  or  who  may  hereafter 
nlist,  in  the  military  service  of  the  Government,  are  made 
ree. 

This  act  of  justice  to  the  soldiers  claims  from  them  re- 
ewed  efforts,  by  courage,  fortitude,  and  discipline,  to 
vin  a  good  name,  to  be  shared  by  a  free  wife  and  free 
hildren.  To  colored  men  not  in  the  army  it  offers  an 
ipportunity  to  coin  freedom  for  themselves  and  their  pos- 
erity. 

The  rights  secured  to  colored  soldiers  under  this  law 
will,  if  necessary,  be  enforced  by  the  military  authorities 
f  this  Department;  and  it  is  expected  that  the  loyal  men 
nd  women  of  Kentucky  will  encourage  colored  men  to 
nlist  in  the  army,  and,  after  they  have  done  so,  recognize 
liem  as  upholders  of  their  government  and  defenders  of 
lieir  homes,  and  exercise  towards  the  helpless  women 
nd  children  made  free  by  this  law  that  benevolence  and 
arity  which  has  always  characterized  the  people  of  the 
tate. 
By  command  of  Major  General  PALMER  : 

J.  P.  WATSON, 
Capt.  and  A.  A.  A.  G. 


APPENDIX. 


565 


The  vote  was — yeas  27,  nays  10,  as  follows  : 

TEAS— Messrs.  Antbouy.  Brown,  Chandler,  Clark,  Con- 
ness,  Dixon,  Farwell,  Foot,  Foster,  Grimes,  Hale,  Hurlan, 
Harris,  Hicks,  Howe,  Lano  of  Indiana,  Morgan,  Morrill, 
Pomeroy,  Ramsey,  Sherman,  Sprague,  Sumner,  Van  Win 
kle,  Wade,  Willey,  Wilson— 27. 

NAYS — Messrs.  Buckalcw,  Carlile,  Cowan,  Davis,  Hen- 
dricks,  Johnson,  Nesmith,  Powell,  Satdsbury,  Trumbull — 10. 

February  22 — The  House  passed  it — yeas  74, 
nays  63  as  follows  : 

YEAS — Messrs.  Allison,  Ames,  Anderson,  Arnold,  Ashley, 
Baity.  John  I).  Baldwin,  Baxter,  Beanian,  Blaiuo,  Blow, 
Boutwcll,  Boyd.  Broomall,  Amtfrose  W.Clark,  Cobb,  Colo, 
Dawes.  Dixou,  Donnelly,  Driggs,  Dumont.  Eckley.  Eliot, 
Gurtield,  (Juoch,  Grinnell,  Higl.y,  Hooper,  Asahel  W.  Hub- 
hard,  John  II.  Hubbard,  Hulburd,  Ingersoll,  Jenckes, 
Kasson,  Kelley,  Orlando  Kellogg.  Knox,  Littlejohu,  Loan, 
Longvear,  Marvin,  McClurg,  Samuel  F.  Miller,  Moorhead, 
Morrill,  Daniel  Morris.  Amos  Myers,  Leonard  Myers,  Nor 
ton.  Charles  O'Neill,  Orth,  Perham,  Pike,  Pomeroy,  Price, 
Alexander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins, 
Schenck,  Scofield,  Shannon,  Sloan,  Stevens,  Thayer,  Tracy, 
Upson.  Ynii  Valkenburgh,  Ellihu  B.  Wasnburne,  William 
B.  Washburn,  Willi.ims.  Wilder,  Wilson,  Worthington— 74. 

NAYS— Messrs.  James  C.  A  Ucn,  Anama,  A  ugustus  C '.  Bald 
win,  Bliss,  Brooks,  Chanlcr,  Clay,  Cqffroth,  Cox,  Cravens, 
Henry  Winter  Davis,  Dawson,  Denison,  Eden,  Edgerton, 
Eldridge,  Finck,  Ganson,  Grider,  Griswold,  Hale,  Hall, 
Harding,  Harrington,  diaries  M.  Harris,  Herrick,  Kalb- 
Jkis-.li,  Kornan.  Knapp,  Law,  LK  Blond,  Long,  MaUort/, 
McBride,  McKinney,  William  H.  Millar,  James  R.  Morris, 
Morrison,  Nelson,  Noble,  Odell,  Pendleton,  Perry,  Pruyn, 
Radford,  Samuel  J.  Randall,  William  H.  Randall,  Ross, 
Smith,  Smithers,  John  B.  Stede.  William  G.  Steele,  Stiles, 
JStrouse,  Stuart,  Sweat,  Townsend,  Voorhees,  Wadsworth, 
Whaley,  Winfield,  Fernando  Wood,  leaman-— 63. 

During  the  pendency  of  the  resolution  in  the 
SENATE  : 

1865,  January  9 — Mr.  DAVIS,  of  Kentucky, 
proposed  to  amend  so  as  to  make  it  read: 

The  wife  and  children,  if  any  he  have,  of  any  person 
who  may  bo  hereafter  mustered  into  the  military  or  naval 
.service  of  the  United  States,  shall,  from  and  after  the  pas 
sage  of  this  act,  be  forever  free. 

Which  was  rejected — yeas  6,  (Messrs  Buck- 
alew,  Dav^s,IIendricks,  Powell.  Saulsbury.  Trum 
bull,)  nays,  32. 

Mr.  POWELL  offered  a  proviso : 
Provided,  That  no  slave  shall  be  emancipated  by  virtue 
of  thi.-f  resolution  until  the  owner  of  the  slave  or  slaves  so 
emancipated  shall  be  paid  a  just  compensation. 

Which  was  rejected — yeas  7,  nays  30  : 

YEAS— Messrs.  Buokalew,  Davis,  Hendricks,  Johnson, 
Nesmilh,  I'owtll,  Salisbury — 7. 

NAYS — Mt-ssrs.  Anthony,  Brown,  Carlih,  Chandler,  Clark, 
Collamer,  Conm-ss,  Cowan,  Dixon,  Farwell,  Foot,  Fos 
ter,  Grimes,  Il.Ue,  Harlan,  Harris,  Henderson,  Hicks,  Lane 
of  Indiana,  Morgan,  Pomeroy,  Ramsey,  Sherman,  Sprague 
Sumner,  Trumbull,  Van  Winkle,  Wade,  Willey.  Wilson— 
•30. 

Mr.  SAULSBURY  offered  this  proviso,  which 
was  rejected  : 

Provid&J,  That  the  provisions  of  this  resolution  shall 
uot  apply  to  or  be  operative  in  any  State  that  has  not  as 
sumed  to  secede  from  the  Union. 

COMPENSATION    FOR    ENLISTED    SLAVES. 

IN  SENATE. 

1865,  January  25— The  following  resolution, 
offered  hy  Mr.  POWELL,  was  adopted : 

Resolvd.  That  the  Secretary  of  War  be  directed  to  in 
form  the  .Senate  whether  or  not  he  has  appointed  a  com 
mission  in  each  of  the  slave  States  represented  in  Congress 

4  cliarg-d  to  .iward  to  each  loyal  person  to  whom  a  colored 
volunteer  may  owe  service  a  just  compensation,  not  ex 
ceeding  3300.  for  each  colored  volunteer,"  as  required  by 
the  twenty-fourth  section  of  the  act  approved  February  24, 

b04,en<itl<-d  '-An  act  to  amend  an  act  entitled  '  An  act  for 
enrolling  and  calling  out  the  national  forces,  and  for  other 
<mrposes,'  approved  March  3,  1863;"  and  if  he  has  not  ap- 
pointed  said  commission,  that  he  inform  the  Senate  why  lie 
lias  not  done  so.  J 


IN  HOUSE  OF  REPRESENTATIVES. 

1865,  January  17 — Mr.  GRIDER  submitted  the 
following  resolution,  which  was  agreed  to  : 

Resolved,  That  the  Secretary  of  War  is  respectfully  re 
quested  to  communicate  to  this  House  whether  he  has, 
according  to  the  law  approved  February  24, 1864,  appointed 
a  commissioner  in  each  of  the  slave  States  represented  in 
Congress,  to  be  charged  with  the  duty  to  award  to  each 
loyal  person,  to  whom  a  colored  volunteer  may  owe  service, 
"a  just  compensation,  not  exceeding  $300," 'for  each  such 
colored  volunteer,  to  be  paid  out  of  the  fund  derived  from 
commutation  money. 

Resolved  further,  That  he  state  as  near  as  may  be,  the 
amount  of  said  fund,  and  what  further  sum  will  probably 
be  necessary  to  meet  the  requisitions  of  said  law. 

January  25 — The  Secretary  replied  : 

WAR  DEPARTMENT, 
WASHINGTON'  CITY,  January  25, 1865. 

SIR  :  In  answer  to  the  resolution  of  the  House  of  Repre 
sentatives  dated  the  17th  instant,  in  relation  to  the  ap- 
pointmen;  of  commissioners  in  the  slave  States,  to  award 
to  the  owners  of  slaves  enlisted  as  volunteers  compensation 
for  their  services,  I  have  the  honor  to  say,  in  reply  to  the 
first  branch  of  the  inquiry,  that  commissioners  have  been 
appointed  in  the  States  of  Maryland  and  Delaware,  and 
that  in  the  other  slave  States,  by  the  President's  direction, 
no  appointments  have  yet  been* made. 

In  answer  to  the  second  branch  of  the  resolution,  I  have 
the  honor  to  state  that  the  amo\int  of  the  commutation 
fund  is  reported  by  the  provost  marshal  to  be  $12,170,663  45, 
a  portion  of  which  has  been  assigned  for  the  payment  of 
bounties  required  in  raising  new  troops.  It  is  believed, 
however,  that  there  will  be  sufficient  to  pay  to  the  owners 
of  slaves  the  sum  allowed  by  the  act  of  Congress. 

Very  respectfully,  your  obedient  servant, 

EDWIN  M.  STANTON, 
Secretary  of  War. 

1865,  February  16 — Mr.  GRIDER  asked  unan 
imous  consent  to  introduce  the  following  reso 
lution  : 

Resolved,  That  the  President  of  the  United  States  be  re 
spectfully  requested,  if  not  inconsistent  with  the  public  in 
terest,  to  communicate  to  the  House  why  commissioners 
have  uot  been  appointed  by  the  Secretary  of  W»r,  accord 
ing  to  the  provisions  of  a  bill  approved  July,  1864,  pro 
viding  for  the  valuation  of  slaves  enlisted  in  the  United 
States  army  in  the  States  of  Kentucky  and  Missouri. 
Mr.  STEVENS  objected. 

UNEMPLOYED    GENERALS. 

1864,  December  14— The  House  passed  a  bill 
similar  to  that  mentioned  on    page    285,    with 
the   addition  of  a  section  providing  that,  dur 
ing    the    war,  the    provisions  of    the    section 
shall  bs  applied  each  month  to  the  general  of 
ficers — yeas  99,  nays  38,  ag  follows  : 

YEAS— Messrs.  Allison,  Ames,  Ancona,  Arnold,  Ashley, 
Bail i/,  John  D.Baldwin, Baxter,  Beaman,  Elaine,  Blair,  Blow, 
Boutwell,  Boyd,  Braudegee,  Broomall,  Ambrose  W.Clark' 
Freeman  Clarke,  Cobb,  Cole,  Cravens,  Thomas  T.  Davis, 
Dawes,  Dawson,  Doming,  Dixon,  Donnelly,  Driggs.  Eckley,' 
Edgerton,  Eliot,  English,  Farnsworth,  J*Ynr/r,Garfield,Griu- 
nell,  Griswold,  Hale,  Harrington,  Iligby.  Holmtm,  Hooper 
Hotchkiss,  Asahel  W.  Hubbard,  John  II.  Hubbard,  Hul- 
burd,  Ingersoll,  Jenckes,  Kasson,  Francis  W.  Kellosg,  Orlan 
do  Kellogg,  Knox,  Law.  Laztar,  Le  Blond,  Littlejohn 
Longyear,  Marvin,  McAllister,  McClurg,  Mcludoe,  Moor- 
head,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard  My 
ers,  Charles  O'Neill,  Orth,  Patterson,  Perham,  Pike,  Pom 
eroy,  Price,  Alexander  H.  Rice,  John  II.  Rice,  Edward  H 
Rollins,  James  S.  Rollins,  Schenck,  Scofield,  Shannon, 
Sloan,  Smith,  Smithers,  Spalding,  Starr,  Stuart,  Thayer' 
Thomas,  Upsou,  Van  Valkenburgh.  Ellihu  B.  Washburne' 
William  B.  Washburn,  Whaley,  Williams,  Wilder,  Wilson, 
A\  indom,  Benjaman  Wood,  Yeaman — 99. 

NATS — Messrs.  James  C.  Allen,  Augustus  C.  Baldwin, 
Brooks,  James  S.  Brown,  Chanler,  Cox,  Denison,  Eden,  Eld- 
ridge,  Ganson,  Grider,  Harding,  Hemck,  Kalbfleisch,  Ker- 
nan,  King,  Knapp,  Long,  Mallory,  Marcy,  McDowell,  Mc- 
Kinney,  William  H.  Miller,  James  R.  Mwris,  Mwris'n  No 
ble,  Norton,  John  O'Neill,  Pendleiim,  Samuel  J.  RandalL 
Ross,  Scott,  John  B.  Steele,  William  G.  Steele,  Stevens,  Stiles 
Townseml,  Wadswori/t—38. 

1865,  January  6 — In  Senate,  the  bill  was  in- 


566 


APPENDIX 


definitely    postponed  —  yeas  28,  nays    8,  as  fol 
lows  : 

YEAS  —  Messrs.  Brown,  Buckalew,  Carlile,  Clark,  Dixon. 
Duoliitlc,  Foot,  Foster,  Grimes,  Harding,  Harris,  Hender 
son,  11,-Mdricks,  Ilicks,  Johnson,  Lane  of  Indiana,  Morgan, 
Morrill,  Nesmitlt,  Powell,  Ramsey,  Ric/iardson,  S'ltds- 
Imrif,  Sherman,  Suinner,  Van  Winkle,  Willey,  Wilson— 
28. 

NAYS  —  Messrs.  Conness,  Davis,  Farwell,  Harlan,  llowe, 
Pomeroy,  Trumbull,  Wade  —  8. 

VOTES  OF  THANKS. 

Congress  passed  several  joint  resolutions, 
tendering  thanks  to  army  and  navy  officers 
commanding,  and  to  officers  and  men  under 
their  command,  upon  which  there  was  generally 
no  division  called.  But  in  the  House,  January 
25,  1865,  on  a  resolution  thanking  Major  Gene 
ral  Philip  H.  Sheridan,  and  the  officers  and  men 
under  his  command,  for  the  gallantry,  military 
skill,  and  courage  displayed  in  the  then  recent 
battles  in  the  Shenandoah  Valley,  and  especially 
f  >r  their  services  at  Cedar  Run,  October  19, 
1864,  which  retrieved  the  fortunes  of  the  day, 
the  yeas  and  nays  were  called,  and  were  —  jeas 
131,  nays  2,  as  follows  : 

YEAS—  Messrs.  James  C.  Allen,  William  J.  Allen,  Allison, 
Ames,  Ancona,  Anderson,  Arnold,  Ashley,  Augustus  C. 
Baldwin,  John  D.  Baldwin,  Baxter,  Beaman,  Elaine,  Blair, 
Blow,  Bontwell,  Boyd,  Brooks,  Broomall,  James  S.  Brown, 
William  G.  Brown,  Ambrose  W.  Clark,  Cobb,  Wroth, 
Cole,  Cox,  Cravens,  Henry  Winter  Davi.s,  Thomas  T.  Davis, 
Dawes,  Doming,  Denison,  Dixon,  Donnelly,  Driggs,  Eck- 
ley,  Edgcrton,  Eliot,  Farnsworth,  Finch,  Frank,  Ganson, 
Garfield,  Gooch,  Gride.r,  Grinnell,  Griswold,  Hale,  Harding, 
Charles  M.  Harris,  IKgby,  Holman,  Hooper,  Hotchkiss, 
Asahel  W.  Ilubbard,  John  H.  Hubbard.  Ingersoll,  Jenckes, 
Julian,  Kalbfleiscli,  Kasson,  Kt-lley,  Neman,  King,  Knox, 
Lazcar,  Littlejohn,  Loan,  Longvear,  Midlory,  Marvin,  Mc 
Allister,  McBrido,  McClurg,  McDowell,  Mclndoe,  Samuel  F. 
Miller,  William  H.  Miller,  Moorhead,  Morrill,  Daniel  Mor 
ris,  Morrison.  Amos  Myers,  Leonard  Myers,  J\'oble,  Norton, 
Charles  O'Neill,  John  O'NtHl,  Orth,  Patterson,  Perham, 
Pike,  Price,  Had  ford,  Samuel  J.  Randall,  William  H.Ilan- 
dall,  Alexander  II.  Rice,  John  II.  Rice,  Robinson,  Rogers, 
Edward  H.  Rollins,  James  S.  Rollins,  Ross,  Schcnck,  Sco- 
lield,  Scott,  Shannon,  Sloan,  £mith,  Smithers,  Spalding, 
Jolrn  B.  Steel*,  William  G.  Steele,  Stevens,  Strouse,  Stuart, 
Thayer.  Thomas,  Townsend,  Upson,  Van  Valkenburgli,  Wads- 
worih.  Ellihu  B.  Washburiie,  William  B.  Washburn,  Web 
ster,  Whaley,  Wliwkr,  Joseph  W.  While,  Wilson,  Windom, 


NAYS—  Messrs.  Benjamin  G.  Harris,  Chilian  A.  White—  2. 
MILITARY  INTERFERENCE  IN  ELECTIONS. 

IN  HOUSE  OF  REPRESENTATIVES. 

1865,  February  22  —  The  bill  of  the  Senate, 
referred  to  on  pages  315  and  316,  passed  the 
House  —  yeas  113,  nays  ID  : 

YEAS  —  Messrs.  James  C.  Allen,  Ames,  Ancona,  Anderson, 
Arnold,  Baibi,  Augustus  C.  Baldwin,  Baxter,  Blaine,  Bliss, 
Blow,  Boutwell,  Brooks,  Broomall,'  Chanler,  Ambrose  W. 
Clark,  Clan,  Co  ff  roth,  Cor,  Cravens,  Dawes,  Dawson,  Deni 
son,  DonnMy,  Dumont,  Eckley,  Eden,  Edijerton,  Eldridgc, 
Eliot,  English,  Finck.  Ganson,  Gooch,  Grider,  Grinnell, 
Griswold.'llalc,  Hall,  Harding,  Be.njan'in  G.  Harris,  diaries 
M.  Hirris,  Her  rick,  Qigbj,  Holman,  Hooper,  Asahel  W. 
Ilubbard,  John  II.  Ilubbard,  Hulburd,  Ingersoll,  Jenckes, 
KalbJIeL-cli,  Kasson,  Keman,  Knapp,  Law,  Le  Blond, 
Littlejohn,  Lang,  Longyear,  Mallory.  Marvin,  McBride, 
McKinn-'H,  Samuel  F.  Mi  Her,  William  H.  Miller,  Moorhead, 
Daniel  Morris,  James  It.  Morris,  Morrison,  Amos  Myers, 
Leonard  Myers,  Kelson,  Xoble,  Odell,  Charles  O'Neill,  Pat 
terson,  Peiidleton,  Perham,  Perry,  Pomeroy,  Price,  Pruyn, 
Radford,  Samuel  J.  Randall,  William  H.  Randall,  Alex 
ander  II.  Rice,  Edward  II.  Rollins,  Ross,  Scofield,  Smith, 
John  B:  Sfeele,  William  G.  Steele,  Stiles,  Strouse,  Stuart, 
Sweat,  Thayer,  Townsend,  Tracy,  Van  Valkenbnrgh, 
Voorhr.es,  Wodtwmm,  Ellihu  B.  Washburne,  William  B. 
Washburn,  Webster,  Whaley,  Williams,  Wilson,  Winfield, 
Fernando  Wood.  Woodbridge,  Ycaman  —  113. 

NAYS  —  Messrs.  Ashley,  Beaman,  Boyd,  Cobb,  Cole, 
Henry  Winter  Davis,  Thomas.  T.  Davis,  Garfield,  Kelley, 
Knox,  John  II.  Rice,  Schcnclg,  Shannon,  Sloan,  Smithers, 
Stevens,  Upson,  Wilder,  Worthington—  19. 


Peace. 

THE    HAMPTON    KOADS    CONFERENCE. 

1865,  February  10— These  messages  from 
President  LINCOLN  were  received  and  read  : 

MESSAGE    TO    THE    HOUSE. 
To  the  Honorable  the  House  of  Representative* . 

In  response  to  your  resolution  of  the  8th 
instant,*  requesting  information  in  relation  to 
a  conference  recently  held  in  Hampton  Roads, 
I  have  the  honor  to  state,  that  on  the  day  of 
the  date  I  gave  Francis  P.  Blair,  Senior,  a  card, 
written  on  as  follows,  to  wit  : 

Allow  the  bearer,  F.  P.  Blair,  Senior,  to  pass  our  lines, 
go  south,  and  return.  A.  LINCOLN 

December  28,  1864. 

That  at  the  time  I  was  informed  that  Mr. 
Blair  sought  the  card  as  a  means  of  getting  to 
Richmond,  Virginia  ;  but  he  was  given  no  au 
thority  to  speak  or  act  for  the  government, 
nor  was  I  informed  of  anything  he  would  sav 
or  do  on  his  own  account,  or  otherwise.  After 
wards  Mr.  Blair  told  me  that  he  had  been  to 
Richmond,  and  had  seen  Mr.  Jefferson  Davis  ; 
and  he  (Mr.  B.)  at  the  same  time  left  with  me 
a  manuscript  letter,  as  follows,  to  wit: 

RICHMOND,  '  Fa.,  January  12, 1865. 

SIR:  I  have  deemed  it  proper,  and  probably  desirable  to 
you,  to  give  you,  in  this  form  the  substance  of  remarks 
made  by  me,  to  be  repeated  by  you  to  President  Lincoln 
Ac..  Ac. 

I  have  no  disposition  to  find  obstacles  in  forms,  and  am 
willing,  now  as  heretofore,  to  enter  into  negotiations  for  the 
restoration  of  peace;  and  am  ready  to  send  a  commission 
whenever  I  have  reason  to  suppose  it  will  be  received,  or 
to  receive  a  commission,  if  the  United  States  Government 
shall  choose  to  send  one.  That,  notwithstanding  the  rejec 
tion  of  our  former  offers,  I  would,  if  you  could  promise 
that  a  commissioner,  minister,  or  other  agent  would  be 
received,  appoint  one  immediately,  and  renew  the  effort  to 
enter  into  conference,  with  a  view  to  secure  peace  to  the 
two  countries. 

Yours,  Ac.,  JEFFERSON  DAVIS. 

F.  P.  BLAIR,  Esq. 

Afterwards,  and  with  the  view  that  it  should 
be  shown  to  Mr.  Davis,  I  wrote  and  delivered 
to  Mr.  Blair  a  letter,  as  follows,  to  wit : 

WASHINGTON,  January  18,1865. 

SIR:  Your  having  shown  me  Mr.  Davis's  letter  to  you  of 
the  12th  instant,  you  may  say  to  him  that  I  have  constantly 
been,  am  now,  and  shall  continue  ready  to  receive  any 
agent  whom  he,  or  any  other  influential  person  now  resist 
ing  the  national  authority,  may  informally  send  to  me,  with 
the  view  of  securing  peace  to  the  people  of  our  one  com 
mon  country. 

Yours,  Ac.,  A.  LINCOLN. 

F.  P.  BLAIR,  Esq. 

Afterwards  Mr.  Blair  dictated  for  and  author 
ized  me  to  make  an  entry  on  the  back  of  ray- 
retained  copy  of  the  letter  last  above  recited, 
which  entry  is  as  follows  : 

JANUARY  28, 1865. 

To-day  Mr.  Blair  tells  me  that  on  the  21st  instant  he  de 
livered  to  Mr.  Davis  the  original,  of  which  the  within  is  » 
copy,  and  left  it  with  him;  that  at  the  time  of  delivering 
it  Mr.  Davis  read  it  over  twice  in  Mr.  Blair's  presence,  at 
the  close  of  which  ho  (Mr.  Blair)  remarked  that  the  part 
about  "  our  one  common  country''  related  to  the  part  ol 
Mr  Davis's  letter  about  "  the  two  countries,"  to  which 
Mr.  Davis  replied  that  he  so  understood  it. 

A.  LINCOLN. 
Afterwards  the  Secretary  of  War   placed  in 


*  The  resolution  was  offered  by  Mr.  STEVENS,  and  is  a» 
follows : 

Resolved,  That  the  President  be  requested  to  communi 
cate  to  this  House  such  information  as  he  may  deem  not 
incompatible  with  the  public  interest  relative  to  the  recent 
conference  between  himself  and  the  Secretary  of  State  and 
Messrs.  Stephens,  Hunter,  and  Campbell,  in  Hamptou 
Roads. 


APPENDIX. 


507 


my  hands  the  following  telegram,  indorsed  by 
hioi  as  appears  : 

[Cipher.] 
OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

WAR  DEPARTMENT. 

The  following  telegram  received  at  Washington,  January 
29, 18C5,  from  headquarter!  Army  of  James,  6.30  P.  M.,  Jan 
uary  29,  1865 : 

The  following  despatch  just  received  from  Major  General 
Parke.  who  refers  it  to  me  for  my  action.  I  refer  it  to  you 
in  Lieutenant  General  Grant's  absence. 

E.  0.  C.  ORD, 

Major  General  Commanding. 
lion.  EDWIN  M.  STANTON,  Secretary  of  War. 

HEADQUARTERS  ARMY  OF  POTOMAC, 

4  P.  M.,  January  23,1805. 

The  following  despatch  is  forwarded  to  you  for  your  ac 
tion.  Since  I  have  no  knowledge  of  General  Grant's  hav 
ing  had  any  understanding  of  this  kind,  I  refer  the 
matter  to  you  as  the  ranking  officer  present  in  the  two 
armies.  JNO.  G.  PAIIKE, 

Major  General  Commanding* 
Major  General  E.  0.  C.  ORD, 

Headquarters  Army  of  the  James. 
FROM  HEADQUARTERS  NINTH  ARMY  CORP.?,  29£ft. 
Alex.  II.  Stephens,  R.  M.  T.  Hunter,  and  J.  A.  Camp 
bell  desire  to  cross  my  lines,  in  accordance  with  an 
understanding  claimed  to  exist  with  Lieutenant  General 
Grant,  on  their  way  to  Washington  as  peace  commissioners. 
Shall  they  be  admitted?  They  desire  an  early  answer,  to 
oome  through  immediately.  Would  .like  to  reach  City 
Point  to-night,  if  they  can.  If  they  cannot  do  this,  they 
would  like  to  come  through  at  10  A.  M.  to-morrow  morn 
ing.  O.B.  WILCOX, 

Major  General  Commanding  $th  Corps. 
Major  General  JNO.  G.  PARKE, 

Headquarters  Army  of  Potomac. 

Respectfully  referred  to  the  President  for  such  instruc 
tions  as  he  may  be  pleased  to  give. 

EDWIN  M.  STANTON, 

Secretary  of  War. 
January  29—8.30  P.  M. 

It  appears  that  about  the  time  of  placing 
the  foregoing  telegram  in  my  hands,  the  Sec 
retary  of  War  despatched  General  Ord,  as  fol 
lows,  to  wit : 

[Sent  in  cipher  at  2  A.  M.,  30th.] 

WAR  DEPARTMENT, 

WASHINGTON  CITY,  January  29, 1865—10  P.  M. 
SIR  :  This  Department  has  no  knowledge  of  any  under 
standing  by  General  Grant  to  allow  any  person  to  oome 
within  his  lines  as  commissioner  of  any  sort.  You  will  there 
fore  allow  no  one  to  come  into  your  lines  under  such  char 
acter  or  profession,  until  you  receive  the  President's  in 
structions,  to  whom  your  telegram  will  be  submitted  for  his 
directions.  EDWIN  M.  STANTON, 

Secretary  of  War. 
Major  General  ORD. 

Afterwards,  by  my  direction,  the  Secretary  of 
War  telegraphed  General  Ord  as  follows,  to  wit  : 

WAR  DEPARTMENT, 

WASHINGTON,  D.  C.,  10.30  A.  M.,  January  30,  1865. 
SIR:  By  direction  of  the  President,  you  are  instructed 
to  inform  the  three  gentlemen,  Messrs.  Stephens,  Hunter, 
and  Campbell,  that  a  messenger  will  be  despatched  to  them 
at  or  near  where  they  now  are  without  unnecessary  delay. 
EDWIN  M.  STANTON, 

Secretary  of  War. 
Major  General  E.  0.  C.  ORD, 

Headquarters  Army  of  the  James. 

Afterwards  I  prepared  and  put  into  the  hands 
of  Major  Thomas  T.  Eckert  the  following  in 
structions  and  message  : 

EXECUTIVE  MANSION, 
WASHINGTON,  January  30,1865. 

SIR:  You  will  proceed  with  the  documents  placed  in 
your  hands,  and,  on  reaching  General  Ord,  will  deliver  him 
the  letter  addressed  to  him  by  the  Secretary  of  War;  then, 
by  General  Ord's  assistance,  procure  an  interview  with 
Messrs.  Stephens,  Hunter,  and  Campbell,  or  any  of  them. 
Deliver  to  him  or  them  the  paper  on  which  your  own  letter 
is  written.  Note  on  the  copy  which  you  retain  the  time  of 
delivery,  and  to  whom  delivered.  Receive  their  answer  in 
writing,  waiting  a  reasonable  time  for  it,  and  which,  if  it 
contain  their  decision  to  come  through,  without  further 
condition,  will  be  your  warrant  to  ask  General  Ord  to  pass 
them  through,  as  directed  in  the  letter  of  the  Secretary  of 


War  to  him.  If,  by  their  answer,  they  decline  to  con)er 
or  propose  ottoer  terms, do  not  have  them  passed  through. 
And  this  being  your  whole  duty,  return  and  report  to  me. 

Yours  truly,  A.  LINCOLN. 

Major  T.T.  ECKERT. 


Messrs.  ALEX.  II.  STEPHENS,  J.  A.  CAMPBELL,  and  R.  M.  T. 

HUNTER  : 

GENTLEMEN:  I  am  instructed  by  the  President  of  the 
United  States  to  place  this  paper  in  your  hands,  with  the 
information  that  if  you  pass  through  the  Unite  I  State's 
military  lines,  it  will  be  understood  that  you  do  so  for  the 
purpose  of  an  informal  conference,  on  the  basis  <;!'  the  let 
ter,  a  copy  of  which  is  on  the  reverse  side  of  thi-j  sheet, 
and  that,  if  you  choose  to  pass  on  such  under  landing, 
and  so  notify  me  in  writing,  I  will  procure  the  command 
ing  general  to  pass  you  through  the  lines  and  to  Fortress 
Monroe,  under  such  military  precautions  as  he  in;iy  deem 
prudent,  and  at  which  place  you  will  be  met  in  dr..<  lime  by 
some  person  or  persons,  for  the  purpose  of  such  informal 
conference  ;  and,  further,  that  you  shall  hare  protection, 
safe  conduct,  and  safe  return  in  all  events. 

THOMAS  T.  ECKEIIT, 
Major  and,  Aide-d<-L'ump. 

CITY  POINT,  Va.,  February  1, 1865. 

WASHINGTON,  January  ]  f.  1865. 

SIR:  Your  having  shown  me  Mr.  Davis's  letter  !;>  you  of 
the  12th  instant,  you  may  say  to  him  that  I  have  constantly 
been,  am  now,  and  shall  continue  ready  to  receive  uny 
agent  whom  he,  or  any  other  influential  person  now  resist 
ing  the  national  authority,  may  informally  send  to  me,  with 
the  view  of  securing  peace  to  the  people  of  our  one  com 
mon  country.  Yours,  &c., 

A.   LINCOLN. 

F.  P.  BLAIR,  Esq. 

Afterwards,  but  before  Major  Eckert  had  de 
parted,  the  following  despatch  was  icceived 
from  General  Grant : 

[Cipher.] 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

WAR  DEPARTMENT. 

The  following  telegram,  received  at   Washington,  Jan 
uary  31,   1865.   From   City  Point,   Va.,  10.30   A.  M.,  Jan 
uary  30, 1865. 
His  Excellency  ABRAHAM  LINCOLN, 

President  of  the  United  States  : 

The  following  communication  was  received  here  last 
evening: 

PETERSBURG,  VIRGINIA,  January  30, 1865. 
SIR:  We  desire  to  pass  your  lines  under  safe  conduct, 
and  to  proceed  to  Washington,  to  hold  a  conference  with 
President  Lincoln  upon  the  subject  of  the  exi  'ting  war, 
and  with  a  view  of  ascertaining  upon  what  terms  if  may 
be  terminated,  in  pursuance  of  the  course  indicated  by  him 
in  his  letter  to  Mr.  Blair  of  January  18,  1865,  of  which  we 
presume  you  have  a  copy,  and  if  net  we  wish  to  se3  you 
in  person,  if  convenient,  and  to  confer  with  you  upon  the 
subject.  Very  respectfully  yours, 

ALEXANDER  H.    STEPHENS. 
J.  A.  CAMPBELL. 
R.  M.  T.  HUNTER. 
Lieutenant  General  U.  S.  GRANT, 

Commanding  Armies  United  States. 

I  have  sent  directions  to  receive  these  gentlemen,  and  ex 
pect  to  have  them  at  my  quarters  this  evening,  awaiting 
your  instructions.  U.  S.  GRANT, 

Lieut.  Gen'l  Commanding  Ann  its  U.  S. 

This,  it  will  be  perce*  ed,  transferred  Gen 
eral  Ord's  agency  in  the  matter  to  General 
Grant.  1  resolved,  however,  to  send  Major 
Eckert  forward  with  his  message,  and  accord 
ingly  telegraphed  General  Grant  as  follows,  to 
wit: 

EXECUTIVE  MANSION, 
WASHINGTON,  January,  31,  1865. 
Lieutenant  General  GRANT,  City  Point,  Va. : 

A  messenger  is  coming  to  you  on  the  busine  s  contained 
in  your  despatch.  Detain  the  gentlemen  in  comfortable 
quarters  until  he  arrives,  and  then  act  upon  the  message 
he  brings  as  far  as  applicable,  it  having  been  made  up  to 
pass  through  General  Ord's  hands,  and  when  the  gentlemen 
were  supposed  to  be  beyond  our  lines.  A.  LINCOLN. 

Sent  in  cipher  at  1.30  P.  M. 

When  Major  Eckert  departed,  he  bore  with 


508 


APPENDIX. 


.him  a  letter  of  the  Secretary  of  War  to  Gen 
eral  Grant,  as  follows,  to  wit: 

WAR  DEPARTMENT, 

WASHINGTON,  D.  C.,  January  30, 1865. 
GENERAL  :  The  President  desires  that  you  will  please  pro- 
rare  for  the  bearer,  Major  Thomas  T.  Eckert,  an  interview 
with  Messrs.  Stephens,  Hunter,  and  Campbell,  and  if,  on  his 
return  to  you,  he  request  it,  pass  them  through  our  lines 
io  Fortress  Monroe,  by  such  route  and  under  such  military 
precautions  as  you  may  deem  prudent,  giving  them  pro- 
(cction  and  comfortable  quarters  while  there,  and  that  you 
let  none  of  this  have  any  effect  upon  your  movements  or 
plans. 
By  order  of  the  President : 

EDWIN  M.  STANTON, 

Secretary  of  War. 
Lieutenant  General  GRANT,  Commanding,  <£c. 

Supposing  the  proper  po'nt  to  be  then 
reached,  I  despatched  the  Secretary  of  State 
with  the  following  instructions,  Major  Eckert, 
however,  going  ahead  of  him: 

EXECUTIVE  MANSION, 
WASHINGTON,  January  31, 1865. 

You  will  proceed  to  Fortress  Monroe,  Virginia,  there  to 
meet  and  informally  confer  with  Messrs.  Stephens,  Hun 
ter,  and  Campbell,  on  the  basis  of  my  letter  to  F.  P.  Blair, 
Esq.,  of  January  18, 1865,  a  copy  of  which  you  have.  You 
will  make  known  to  them  that  three  things  are  indispen 
sable,  to  wit: 

1.  The  restoration  of  the  national  authority  throughout 
all  the  States. 

2.  No  receding,  by  the  Executive  of  the  United  States, 
on  the  slavery  question,  from  tho  position  assumed  thereon 
in  the  late  annual  message  to  Congress,  and  in  preceding 
documents. 

3.  No  cessation  of  hostilities  short  of  an  end  of  the  war 
and  the  disbanding  of  all   forces  hostile  to  the  govern 
ment. 

You  will  inform  thorn  that  all  propositions  of  theirs,  not 
inconsistent  with  the  above,  will  be  considered  and  passed 
upon  in  a  spirit  of  sincere  liberality.  You  will  hear  all 
they  may  choose  to  say,  and  report  it  to  me.  You  will  not 
assume  to  definitely  consummate  anything. 

Yours,  Ac.,  ABRAHAM  LINCOLN. 

Hon.  WILLIAM  II.  SEWARD,  Secretary  of  State. 

On  the  day  of  its  date,  the  following  telegram 
was  sent  to  General  Grant : 

[Sent  in  cipher  at  9.30  A.  M.] 

WAR  DEPARTMENT, 
WASHINGTON,  D.  C.,  February  1, 1865. 
Lieutenant  General  GRANT,  City  Point,  Va.: 

Let  nothing  which  is  transpiring  change,  hinder,  or  de 
lay  your  military  movements  or  plans. 

A.  LINCOLN. 

Afterwards  t'je   following  despatch  was  re 
ceived  from  General  Grant : 
[In  cipher.] 
OFFICE  U.  S.  MILITARY  TELEGRAPH, 

WAR  DEPARTMENT. 

The  following  telegraia  received  at  Washington  2.30  P.  M. 
February  1,  1MJ5,  from  City  Point,  Virginia,  February  1, 
12.30P.M.,  1865: 

Your  despatch  received.    There  will   be  no  armistice  in 
consequence  of  tho  presence  of  Mr.  Stephens  ami  others 
within  our  lines.    The  troops  are  kept  in  readiness  to  move 
at  the  shortest  notice,  if  occasion  should  justify  it. 
U.  S.  GRANT, 

Lirut.  General. 
His  Excellency  A.  LINCOLN,  President  United  Slates. 

To  notify  Major  Eckert  that  the  Secretary  of 
State  would  be  at  Fortress  Monroe,  and  to  put 
them  in  communication,  the  following  despatch 
was  sent : 

WAR  DEPARTMENT, 

WASHINGTON,  D.  C.,  February  1,  1865. 
Call  at  Fortress  Monroe,  and  put  yourself  under  direction 
of  Mr.  S.,  whom  you  will  find  thero. 

A.  LINCOLN. 
Major  T.  T.  ECKERT,  care  of  General  Grant, 

City  Point,  Va. 

On  the  morning  of  the  2d  instant,  the  follow 
ing  telegrams  were  received  by  me,  respect 
ively,  from  the  Secretary  of  State  and  Major 
Eckert : 


FORT  MONROE,  VA.,  11.30  P.  M.,  February  1, 1SR5 
•ived  at  ten  this  e'ening.   Richmond 
I  remain  here.  AVI  LLIAM 


SB  WARD. 


Arrived  at  ten  this  e'ening.   Richmond  party  not  here 
remain  here.  WILLIAM  II. 

The  PRESIDENT  of  the  United  Etta 

CITY  POINT,  VA  ,  10  P.  M.,  February  1, 1865. 
His  Excellency  A.  LINCOLN,  President  of  the  United  States: 
I  have  the  honor  to  report  th"o  delivery  of  your  commu 
nication  and  my  letter  at  4.15  this  afternoon,  to  which  I  re 
ceived  a  reply  at  6  P.  M.,  but  not  satisfactory. 

At  8  P.  M.  the  following  note,  addressed  to  General  Grant, 
was  received  : 

CITY  POINT,  VA.,  February  1, 1865. 

SIR:  We  desire  to  go  to  Washington  city,  to  confer  in 
formally  with  the  President,  personally,  in  reference  to  the 
matters  mentioned  in  his  letter  to  Mr.  Blair,  of  the  l>th 
January,  ultimo,  without  any  personal  compromise  on  any 
question  in  the  letter.  We  have  the  permission  to  do  HO 
from  the  authorities  in  Richmond. 
Very  respectfully  yours, 

ALEX.  II.  STEPHENS. 
R.  M.T.  IIUNTKK. 
J.  A.  CAMPBELL. 
Lieutenant  General  GRANT. 

At  9.30  P.M.,  I  notified  them  that  they  could  not  proceed 
further,  unless  they  complied  with  the  terms  expressed  in 
my  letter.  The  point  of  meeting  designated  in  the  above 
note  would  not,  in  my  opinion,  be  insisted  upon.  Think 
Fort  Monroe  would  be  acceptable.  Having  complied  with 
my  instructions,  I  will  return  to  Washington  to-morrow, 
unless  otherwise  ordered. 

TIIOS.  T.   ECKERT,  Major,  <tc. 

On  reading  this  despatch  of  Major  Eckert,  I 
was  about  to  recall  him  and  the  Secretary  of 
State,  when  the  following  telegram  of  General 
Grant  to  the  Secretary  of  War  was  shown  me  : 

[In  cipher.] 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 
WAR  DEPARTMENT. 

The  following  telegram  received  at  Washington  4.35  A. 
M.,  February  2,  1865.  From  City  Point,  Va.,  February  1, 
10.30  P.  M.,  1865 : 

Now  that  the  interview  between  Major  Eckert,  under  his 
written  instructions,and  Mr.  Stephens  and  party  has  ended. 
I  will  state  confidentially,  but  not  officially,  to  become  a 
matter  of  record,  that  I  am  convinced,  upon  conversation 
with  Messrs.  Stephens  and  Hunter,  that  th'-ir  intentions 
are  good  and  their  desire  sincere  to  restore  peace  and  union. 
I  have  not  felt  myself  at  liberty  to  express  even  views  of 
my  own,  or  to  account  for  my  ix-ticcncy.  This  has  placed 
me  in  an  awkward  position,  which  I  could  have  avoided  by 
not  seeing  them  in  the  first  instance.  I  fear  now  their  go 
ing  back  without  any  expression  from  any  one  in  authority 
will  have  a  bad  influence.  At  (lie  same  time  I  recogni/.e 
tho  difficulties  in  the  way  of  receiving  Ihcse  informal  com 
missioners  at  Ibis  time,  and  do  nut  know  what  to  recom 
mend.  I  am  sorry,  however,  that  Mr.  Lincoln  cannot  have 
an  interview  with  the  two  named  in  this  despatch,  if  not 
nil  three  now  within  our  linos.  Their  letter  to  me  was 
all  that  the  President's  instructions  contemplated  to  secure 
their  safe  conduct,  if  they  had  used  the  same  language  to 
Major  Eckert.  U.  S.  GRANT, 

Lieutenant  General. 

lion.  EDWIN  M.  STANTON,  Secretary  of  War. 

This  dispatch  of  General  Grant  changed  my 
purpose  ;  and  accordingly  I  telegraphed  him 
and  the  Secretary  of  State  respectively  as  fol 
lows  : 

[Sent  in  cipher  at  9  A.  M.] 

WAR  DEPARTMENT, 
WASHINGTON,  D.  C.,  February  2, 1865. 
Lieut.  Gen.  GRANT,  Ci'y  Point,  Virginia: 

Say  to  the  gentlemen  I  will  meet  them  personally  at 
Fortress  Monroe  as  soon  as  I  can  get  there. 

A.  LINCOLN. 
[Sent  in  cipher  at  9  A.  M.] 

WAR  DEPARTMENT, 
WASHINGTON,  D.  C.,  February  2,  1865. 
Hon.  WM.  II.  SEWARD,  Furtrtss   Monroe,  Virginia: 

Induced  by  a  dispatch  from  General  Grant,  I  join  you  at 
Fort  Monroe  ns  soon  as  I  can  como. 

A.  LINCOLN. 

Before  starting  the  following  dispatch  was 
shown  me.  I  proceeded,  nevertheless  : 

[Cipher.] 
OFFICE  U.  S.  MILITARY  TELEGRAPH, 

WAR  DEPARTMENT. 
The  following  telegram,  received  at   Washington,  FeD- 


APPENDIX. 


5(59 


ruary  2,  1865.    From  City  Point,  Virginia,  9  A.  M.,  Feb 
ruary  2,  1865 : 

[Copy  to  Hon.  Edwin  M.  Stanton,  Secretary  of  War,  Wash 
ington.] 
Hon.  WM.  II.  SEWARD,  Secretary  of  State,  Fort  Monroe: 

Tho  gentlemen  here  have  accepted  the  proposed  terms, 
and  will  leave  for  Fort  Monroe  at  9.30  A.  M. 

U.  S.  GRANT, 

Lieutenant  General. 

On  the  night  of  the  2d  I  reached  Hampton 
Roads,  found  the  Secretary  of  State  and  Major 
Eckert  on  a  steamer  anchored  off  shore,  and 
learned  of  them  that  the  Richmond  gentlemen 
were  on  another  steamer  also  anchored  off  shore, 
in  the  Roads,  and  that  the  Secretary  of  State 
had  not  yet  seen  or  communicated  with  them.  I 
ascertained  that  Major  Eckert  had  literally 
complied  with  his  instructions,  and  I  saw,  for 
the  first  time,  the  answer  of  the  Richmond 
gentlemen  to  him,  which,  in  his  despatch  to  me 
of  the  1st,  he  characterizes  as  "  not  satisfac 
tory."  That  answer  is  as  follows,  to  wit : 

CITY  POINT,  VIRGINIA,  Felmtary  1,  1865. 
MAJOR  :  Your  note,  delivered  by  yourself  this  day,  has 
been  considered.  In  reply,  we  have  to  say  that  we  were 
furnished  with  a  copy  of  the  letter  of  President  Lincoln  to 
Francis  P.  Blair,  Esq.,  of  the  18th  of  January  ultimo, 
another  copy  of  which  is  appended  to  your  note.  Our  in 
structions  are  contained  in  a  letter,  of  which  the  following 
is  a  copy : 

RICHMOND,  January  28, 1865. 

In  conformity  with  the  letter  of  Mr.  Lincoln,  of  which 
the  foregoing  is  a  copy,  you  are  to  proceed  to  Washington 
city  for  informal  conference  with  him  upon  the  issues  in 
volved  in  tho  existing  war,  and  for  the  purpose  of  securing 
peace  to  the  two  countries. 
With  great  respect,  your  obedient  servant, 

JEFFERSON  DAVIS. 

The  substantial  object  to  be  obtained  by  the  informal 
conference  is,  to  ascertain  upon  what  terms  the  existing 
war  can  bt  terminated  honorably. 

Our  instructions  contemplate  a  personal  interview  be 
tween  President  Lincoln  and  ourselves  ut  Washington  city, 
but  with  this  explanation  we  are  ready  to  meet  any  person 
or  persons  that  President  Lincoln  may  appoint,  at  such 
place  as  he  may  designate.  Our  earnest  desire  is,  that  a 
just  and  honorable  peace  may  be  agreed  upon,  and  we  are 
prepared  to  receive  or  to  submit  propositions  which  may, 
possilily,  K-ad  to  the  attainment  of  that  end. 
Very  respectfully  yours, 

ALEXANDER  II.  STEPHENS. 
II.  M.  T.  HUNTER. 
JNO.  A.  CAMPBELL. 
THOMAS  T.  ECKERI,  Major,  and  A.  D.  C. 

A  note  of  these  gentlemen,  subsequently  ad 
dressed  to  General  Grant,  has  already  been  given 
in  Major  Eckert's  despatch  of  the  1st  instant. 

I  also  here  sa\v,  for  the  first  time,  the  follow 
ing  note,  addressed  by  the  Richmond  gentlemen 
to  Major  Eckert : 

Cm-  POINT,  VA.,  February  2, 1865. 

MAJOR:  In  reply  to  your  verbal  statement,  that  your  in 
structions  did  not  allow  you  to  alter  the  conditions  upon 
which  a  passport  could  be  given  to  us,  we  say  that  we  are 
willing  to  proceed  to  Fortress  Monroe, and  thereto  havean 
informal  conference,  with  any  person  or  persons  that  Presi 
dent  Lincoln  may  appoint,  on  tho  basis  of  his  letter  to 
Francis  P.  Blair  of  the  18th  of  January  ultimo,  or  upon 
any  other  terms  or  conditions  thnt  In-  may  hereafter  propose, 
Dot  inconsistent  with  the  essential  principle*  of  sell-govern 
ment  and  popular  rights  upon  which  our  institutions  arc 
founded. 

It  i*  our  earnest  wish  to  ascertain,  after  a  free  inter 
change  of  ideas  and  information,  upon  what  principles 
ami  terms,  if  any,  a  just  and  honorable  poace  can  be  es 
tablished  without  tho  further  effusion  of  blood,  and  to  «:on- 
trii<iit''  urn-  utmost  ciTorts  to  accomplish  such  a  result. 

We  think  it  better  to  add,  that,  in  accepting  ycur  p;tss- 
port  we  are  not  to  be  understood  as  committing  ourselves 
to  anything,  but  to  carry   to  this  informal  conforeiico  tho 
Tievis  and  f-'-lings  above-  expressed. 
Very  respectfully  yours,  .tc.. 

ALKXANDEU  n.  STEPHENS. 

J.  A.  CAMP15KLL. 
R.  M.  T.  11UNTKR. 
THOMAS  T.  ECKERT,  Major,  and  A.  D.  (J. 


NOTE. — The  above  communication  was  delivered  to  me 
at  Fort  Monroe  at  4.30  P.  M.,  February  2d,  by  Lieuten 
ant  Colonel  Babcock,  of  General  Grant's  staff. 

THOMAS  T.  ECKERT, 

Major,  and  A.  D.  C. 

On  the  morning  of  the  3d,  the  three  gentlemen, 
Messrs.  Stephens,  Hunter,  and  Campbell,  came 
aboard  of  our  steamer,  and  had  an  interview 
with  the  Secretary  of  State  and  myself,  of 
several  hours'  duration.  No  question  of  pre 
liminaries  to  the  meeting  was  then  and  there 
made  or  mentioned.  No  other  person  was 
present ;  no  papers  were  exchanged  or  pro 
duced  ;  and  it  was,  in  advance,  agreed  that  the 
conversation  was  to  be  informal  and  verbal 
merely. 

On  our  part,  the  whole  substance  of  the  in 
structions  to  the  Secretary  of  State,  hereinbe 
fore  recited,  was  stated  and  insisted  upon,  and 
nothing  was  said  inconsistent  therewith  ;  while, 
by  the  other  party,  it  was  not  said  that  in  any 
event  or  on  any  condition,  they  ever  would  con 
sent  to  re-union  ;  and  yet  they  equally  omitted 
to  declare  that  they  never  would  so  consent. 
They  seemed  to  desire  a  postponement  of  that 
question,  and  the  adoption  of  some  other  course 
first  which,  as  some  of  them  seemed  to  argue, 
might  or  might  not  lead  to  re-union  ;  but  which 
course,  we  thought,  would  amount  to  an  indefi 
nite  postponement.  The  conference  ended 
without  result. 

The  foregoing,  containing  as  is  believed  all 
the  information  sought,  is  respectfully  sub 
mitted. 

ABRAHAM  LINCOLN. 

EXECUTIVE  MANSION,  February  10,  1865. 

MESSAGE  TO    THE  SENATE. 
To  Vie  Senate  of  the   United  States: 

In  answer  to  the  resolution  of  the  Senate,  of 
the  8th  instant,*  requesting  information  con 
cerning  recent  conversations  or  communications 
with  insurgents,  under  executive  sanction,  I 
transmit  a  report  from  the  Secretary  of  State, 
to  whom  the  resolution  was  referred. 

ABRAHAM  LINCOLN. 

WASHINGTON,  February  10,  1865. 

To  the  PRESIDENT  : 

The  Secretary  of  State,  to  whom  was  referred  a  resoln- 
tion  of  the  Senate  of  the  8th  instant,  requesting  "  the  Pres 
ident  of  the  United  States,  if,  in  his  opinion,  not  incompati 
ble  with  the  public  interests,  to  furnish  to  the  Senate  any 


*The  resolution  was  offered  by  Mr.  SUMNER,  and  is  as  fol 
lows  : 

Itesolvrd,  That  the  President  of  the  United  States  be  re 
quested,  if  in  his  opinion  not  incompatible  with  the  public 
interest,  to  furnish  to  tho  Senate  any  information  in  his 
possession  concerning  recent  conversations  or  communi 
cations  with  certain  rebels,  said  to  have  been  under  ex 
ecutive  sanction,  including  communications  with  the 
rebel  Jefferson  Davis,  and  any  correspondence  relative 
thereto. 

This  amendment,  offered  by  Mr.  SAUI.SIJUKY,  was  rejected: 

And  that  he  bo  also  requested  to  inform  the  Senate 
whether  lie,  or  others  acting  under  his  authority,  did  not 
require,  as  a  condition  t<>  reunion,  tho  acquiescence  of  said 
persons  mentioned  in  said  resolution,  or  of  tiie  public  au 
thorities  of  Ilio  so-called  Confederate  States,  in  tho  aboli 
tion  of  nlavory  in  said  Statos;  and  also,  whether  ho,  or 
thoso  acting  by  hit  authority,  did  not  require  as  a  condition 
to  negotiation  (bat  Ilio  said  confederates  should  lay  down 
their  arms.  And  lliuf.  ho  be  ••oqiiested  to  inform  the  Sen 
ate  fully  in  refoionco  to  everything  connected  with  or  oc- 
I  curringin  *aid  confon-iiie  or  conferences  in  relation  to  tho 
I  subject  mallrrof  .said  conferences.  And  also  that  lie  be  re- 


sk<-d 


lor  by  Mo».tr.vStcplifii.s,IIiintor,  am!  Campbell,  with  the  view 
to  prepare  tho  minds  of  tho  Southern  people  for  peace  and 
reunion  01  the  States. 


570 


APPENDIX. 


information  i  i  his  possession  concerning  recent  conversa 
tions  or  communications  with  certain  rebels,  said  to 
have  taken  place  under  executive  sanction,  includ 
ing  communications  with  the  rebel  .Jefferson  Davis, 
and  any  correspondence  relating  thereto,"  has  the  honor 
to  report  that  the  Senate  may  properly  be  referred  to  a 
Bpecial  message  of  the  President  bearing  upon  the  subject 
of  the  resolution,  and  transmitted  to  the  House  thin  day. 
Appended  to  this  report  is  a  copy  of  an  instruction  which 
has  been  addressed  to  Charles  Francis  Adams,  Esq.,  envoy 
extraordinary  and  minister  plenipotentiary  of  the  United 
States  at  London,  and  which  is  the  only  correspondence 
found  hi  this  department  touching  the  subject  referred  to 
in  the  resolution. 

Respectfully  submitted. 

WILLIAM  II.    SEWARD. 

DEPARTMENT  OF  STATE, 

WASHINGTON,  February  10, 1865. 


MR.   SEWARD    TO    MR.    ADAMS. 


No.  1258.] 


DEPARTMENT  OF  STATE, 
WASHINGTON,  February  7,  1865. 

SIR:  It  is  a  truism  that  in  times  of  peace  there  are  al 
ways  instigators  of  war.  So  soon  as  a  war  begins  there  are 
citizens  who  impatiently  demand  negotiations  for  peace. 
The  advocates  of  war,  after  an  agitation,  longer  or  shorter, 
generally  gain  their  fearful  end,  though  the  war  declared 
is  not  unfrequontly  unnecessary  and  uawise.  So  peace 
agitators  in  time  of  war  ultimately  bring  about  an  aban 
donment  of  the  conflict,  sometimes  without  securing  the 
advantages  which  were  originally  expected  from  the  con 
flict. 

The  agitators  for  war  in  time  of  peace,  and  for  peace  in 
time  of  war,  are  not  necessarily,  or  perhaps  ordinarily,  un 
patriotic  in  their  purposes  or  motives.  Results  alone  de 
termine  whether  they  are  wise  or  unwise,  'i  he  treaty  of 
peace  concluded  at  Guadalupe  Hidalgo  was  secured  by  an 
irregular  negotiator,  under  the  ban  of  the  government. 
Some  of  the  efforts  which  have  been  made  to  bring  about  ne 
gotiations  with  aviewtoendour  civil  war  are  known  to  the 
whole  world,  because  they  have  employed  foreign  as  well 
us  domestic  agents.  Others,  with  whom  you  have  had  to 
deal  confidentially,  are  known  to  yourself,  although  they 
have  not  publicly  transpired.  Other  efforts  have  occurred 
here  which  are  known  only  to  the  persons  actually  moving 
in  them  and  to  this  government.  I  am  now  to  give,  for 
your  information,  an  account  of  an  affair,  of  the  same  gen 
eral  character,  which  recently  received  much  attention 
here,  and  which,  doubtless,  will  excite  inquiry  abroad. 

A  few  days  ago  Francis  I1.  Blair,  Esq.,  of  Maryland,  ob 
tained  from  the  President  a  simple  leave  to  pass  through 
our  military  lines,  without  definite  views  known  to  the 
government.  Mr.  Blair  visited  Richmond,  and  on  his  re 
turn  he  showed  to  the  President  a  letter  which  Jefferson 
Davis  had  written  to  Mr.  Blair,  in  which  Davis  wrote  that 
Mr.  Blair  was  at  liberty  to  say  to  President  Lincoln  that  Da 
vis  was  now,  as  he  always  had  been,  willing  to  send  com 
missioners,  if  assured  they  would  be  received,  or  to  re 
ceive  any  that  should  be  sent;  that  he  was  not  dis-posed 
to  nnd  obstacles  in  forms.  He  would  send  commissioners 
to  confer  with  the  President,  with  a  view  to  a  restoration 
of  peace  between  the  two  countries,  if  he  could  bo  assured 
they  would  be  received.  The  President  thereupon,  on  the 
ISth  of  January,  addressed  a  note  to  Mr.  Blair,  in  which 
the  President,  after  acknowledging  that  he  had  read  the 
note  of  Mr.  Davis,  said  that  ho  was,  is,  and  always  should  be 
willing  to  receive  any  agents  that  Mr.  Davis  or  any  other 
influential  person  now  actually  resisting  the  authority  of 
the  government  might  sand  to  confer  informally  with  the 
President,  with  a  view  to  the  restoration  of  peace  to  the 
people  of  our  one  common  country.  Mr.  Blair  visited  Rich 
mond  with  this  letter,  and  then  again  came  back  to  Wash 
ington.  On  the  29th  instant  we  were  advised  from  the  camp 
of  Lieutenant  General  Grant  that  Alexander  II.  Stephens, 
R.  M.  T.  Hunter,  and  John  A.  Campbell  were  applying  for 
leave  to  pass  through  the  lines  to  Washington,  as  peace 
commissioners,  to  confer  with  the  President.  They  were 
permitted  by  the  Lieutenant  General  to  come  to  his  head 
quarters,  to  await  there  the  decision  of  the  President.  Ma 
jor  Eckert  was  sent  down  to  meet  the  party  from  Rich- 
mo  id  at  General  Grant's  headquarters.  The  major  was 
directed  to  deliver  to  them  a  copy  of  the  President's  letter 
to  Mr.  Blair,  with  a  note  to  be  addressed  to  them,  and  signed 
by  the  nijijor,  in  which  they  were  directly  informed  that  if 
they  should  be  allowed  to  pass  our  lines  they  would  be  un 
derstood  as  comipg  for  an  informal  conference,  upon  the 
basis  of  the  aforenrfmed  letter  of  the  18th  of  January  to 
Mr.  Blair.  If  they  should  express  their  assent  to  this  con 
dition  in  writing,  then  Major  Kckert  was  directed  to  give 
them  safe  conduct  to  Fortress  Monroe,  where  a  person 
coming  from  the  President  would  meet  them.  It  being 
thought  probable,  from  a  report  of  their  conversation  with 
Lieutenant  General  Grant,  that  the  Richmond  party  would, 


in  the  mani.ir  prescribed,  accept  the  condition  mentioned, 
the  Secretary  of  State  was  charged  by  the  President  with  th* 
duty  of  representing  this  government  in  the  expected  in 
formal  conference  The  Sc-cretary  arrived  at  Fortress  Mon 
roe  in  the  ni.;ht  of  the  first  day  of  February.  Major  Eckert 
met  him  in  the  morning  of  the  second  of  February  with 
the  information  that  the  persons  who  had  come  from  Rich 
mond  had  not  accepted,  in  writing,  the  condition  upon 
which  he  waa  allowed  to  give  them  conduct  to  Fortress 
Monroe.  The  major  had  given  the  same  informal  n  by 
telegraph  to  the  President,  at  Washington.  On  receiving 
this  information,  the  President  prepared  a  telegram  direct 
ing  the  Secretary  to  return  to  Washington.  The  Secretary 
was  preparing,  at  the  same  moment,  to  so  return,  without 
waiting  for  instructions  from  the  President;  but  at  this 
juncture  Lieutenant  General  Grant  telegraphed  to  the  Sec 
retary  of  War,  as  well  as  to  the  Secretary  of  Sfcite,  that  the 
party  from  Richmond  had  reconsidered  and  accepted  the  con 
ditions  ti  ndered  them  through  Major  Eckerr,  and  General 
Grant  urgently  advised  the.  President  to  confer  in  person 
with  the  Richmond  party.  Under  these  circumstances,  the 
Secretary,  by  the  President's  direction,  remained  at  For 
tress  Monroe,  and  the  President  joined  him  there  ou  the 
night  of  the  2d  of  February.  The  Richmond  party  was 
brought  down  the  James  river  in  a  United  States  steam 
transport  during  the  day,  and  the  transport  was  anchored 
in  Hampton  Roads. 

On  the  morning  of  the  3d  the  President,  attended  by  the 
Secretary,  recejved  Messrs.  Stephens,  Hunter,  and  Camp 
bell  on  board  the  United  States  steam  transport  River 
Queen,  in  Hampton  Roads.  The  conference  was  altogether 
informal.  There  was  no  attendance  of  secretaries,  clerks, 
or  other  witnesses.  Nothing  was  written  or  read.  The 
conversation,  although  earnest  and  free,  was  calm,  and 
courteous,  and  kind  on  both  sides.  The  Richmond  party- 
approached  the  discussion  rather  indirectly,  and  at  no  time 
did  they  either  make  categorical  demands,  or  tender  for 
mal  stipulations,  or  absolute  refusals.  Nevertheless,  du 
ring  the  conference,  which  lasted  four  hours,  the  several 
points  at  issue  between  the  government  and  the  insur 
gents  were  distinctly  raised,  and  discussed  fully,  intelli 
gently,  and  in  an  amicable  ^pirit.  What  the  insurgent 
party  seemed  chiefly  to  favor  was  a  postponement  of  the 
question  of  separation,  upon  which  the  war  is  waged,  and 
a  mutual  direction  of  efforts  of  the  government,  as  well  as 
those  of  the  insurgents,  to  some  extrinsic  policy  or  scheme 
for  a  season,  during  which  passions  might  be  expected  to 
subside,  and  the  armies  be  reduced,  and  trade  and  inter 
course  between  the  people  of  both  sections  resumed.  It 
was  suggested  by  them  that  through  such  postponement 
we  might  now  have  immediate  peace,  with  some  noc  very 
certain  prospect  of  an  ultimate  satisfactory  adjustment  Jt 
political  relations  between  this  government  and  the  States, 
section,  or  people  now  engaged  in  conflict  with  it. 

This  suggestion,  though  deliberately  considered,  was 
nevertheless  regarded  by  the  President  as  one  of  armis 
tice  or  truce,  and  he  announced  that  we  can  agree  to  no 
cessation  or  suspension  of  hostilities,  except  on  the  basis 
of  the  disbandment  of  the  insurgent  forces,  and  the  resto 
ration  of  the  national  authority  throughout  all  the  States 
in  the  Union.  Collaterally,  and  in  subordination-  to  the 
proposition  which  was  thus  announced,  the  anti-slaverv 
policy  of  the  United  States  was  reviewed  in  all  its  bear 
ings,  and  the  President  announced  that  he  must  not  !•* 
expected  to  depart  from  the  positions  he  had  heretofore  as 
sumed  in  his  proclamation  of  emancipation  and  other  doc 
uments,  as  these  positions  were  reiterated  in  his  last  an 
nual  message.  It  was  further  declared  by  the  President 
that  the  complete  restoration  of  the  national  authority 
everywhere  was  an  indispensable  condition  of  any  assent 
on  our  part  to  whatever  form  of  peace  might  be  proposed. 
The  President  assured  the  other  party  that,  while  he 
must  adhere  to  th<  se  positions,  he  would  be  prepared,  so 
far  as  power  is  lodged  with  the  Executive,  to  exercise  liber- 
erality.  His  power,  however,  is  limited  by  the  Constitution ; 
and  when  peace  should  be  made,  Congress  must  necessarily 
actin  regard  to  appropriations  of  money  and  to  theadmis-i.  .n 
of  representatives  from  the  insurrectionary  States.  The 
Richmond  party  were  then  informed  that  Congress  had,  on 
the  31st  ultimo,  adopted  by  a  constitutional  majority  a  joint 
resolution  submitting  to  the  several  States  the  proposition 
to  abolish  slavery  throughout  the  Union,  and  that  there  ia 
every  reason  to  expect  that  it  will  be  soon  accepted  by 
three-fourths  of  the  States,  so  as  to  become  a  part  of  th« 
national  organic  law. 

The  conference  came  to  an  end  by  mutual  acquiesence, 
without  producing  an  agreement  of  views  upon  the  several 
matters  discussed,  or  any  of  them.  Nevertheless,  it  is  per 
haps  of  some  importance  that  we  have  been  able  to  submit 
our  opinions  and  views  directly  to  prominent  insurgents, 
and  to  hear  them  in  answer  in  a  courteous  and  not  un 
friendly  manner. 

I  am,  sir.  your  obedient  servant, 

WILLIAM  II.  SEW-ABD. 


APPENDIX. 


571 


DAVIS'S    ACCOUNT    OF  THE    CONFERENCE. 

To  the  Senate,  and  House  of  Representatives  of  the  Confed 
erate  Stales  of  America : 

Having  recently  received  a  written  notification  which 
satisfied  me  that  the  President  of  the  United  States  was 
disposed  to  confer  informally  with  unofficial  agents  which 
might  be  sent  l>y  me,  with  'a  view  to  the  restoration  of 
peace,  I  requested  the  Hon.  Alexander  II.  Stephens,  the 
Hon.  11.  M.  T.  Hunter,  and  the  Uon.  John  A.  Campbell 
to  proceed  through  our  lines  and  to  hold  conference  with 
Mr.  Lincoln, or  anyone  he  might  depute  to  represent  him. 
I  herewith  t-.-.u'uviit,  for  the  information  of  Congress,  the 
report  o.  the  enunc-nt  citizens  above  named,  showing  that 
the  enemy  refusal  ti  outer  into  negotiations  with  the  Con 
federate  States,  or  any  one  of  them  separately,  or  to  give 
to  our  people  any  other  terms  or  guaranties  than  those 
which  the  conqueror  may  grant,  or  to  permit  us  to  have 
peace  on  any  01  her  basis  than  our  unconditional  submission 
to  their  rule,  coupled  with  the  acceptance  of  their  recent 
legislation  on  the  subject  of  the  relations  between  the  white 
and  black  population  of  each  Stat  .  Such  is,  as  I  under 
stand,  the  effect  of  the  amendment  to  the  Constitution 
which  has  been  adopted  by  the  Congress  of  the  United 
States.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE,  RICHMOND,  Feb.  6,  Ib65. 

RICHMOND,  VA.,  Feb.  5, 1865. 
To  the  PRESIDENT  OF  THE  CONFEDERATE  STATES  : 

SIR:  Under  your  letter  of  appointment  of  the  28th  ult ., 
we  proceeded  to  seek  an  "informal  conference"  with 
Abraham  Lincoln,  President  of  the  United  Stales,  upon  the 
subject  mentioned  in  the  letter.  The  conference  was 
granted,  and  took  place  on  the  3d  instant,  on  board  of  a 
steamer  in  Hampton  Roads,  where  we  met  President  Lin 
coln  and  the  Hon.  Mr.  Se ward,  Secretary  of  State  of  the 
United  States.  It  continued  for  several  hours,  and  was 
both  full  and  explicit. 

We  learned  from  them  that  the  message  of  President 
Lincoln  to  the  Congress  of  the  United  States  in  December 
last  explains  clearly  and  distinctly  his  sentiments  as  to  the 
terms,  conditions,  and  method  of  proceeding  by  which 
peace  can  be  secured  to  the  people,  and  we  were  not  in 
formed  that  they  would  be  modified  or  altered  to  obtain 
that  end.  We  understand  from  him  that  no  terms  or  pro 
posals  of  any  treaty  or  agreement  looking  to  an  ultimate 
settlement  would  be  entertained  or  made  by  him  with  the 
Confederate  States,  because  that  would  bo  a  recognition  of 
their  existence  as  a  separate  power,  which,  under  no  cir 
cumstances,  would  be  done ;  and  for  like  reasons  that  no 
such  terms  would  be  entertained  by  him  from  the  States 
separately ;  that  no  extended  truce  or  armistice  (as  at  pres 
ent  advised)  would  be  granted,  without  a  satisfactory  as 
surance  in  advance  of  a  complete  restoration  of  the  author 
ity  of  the  United  States  over  all  places  within  the  States 
of  the  Confederacy. 

That  whatever  consequence  may  follow  from  the  re- 
establishment  of  that  authority  must  be  accepted;  but  that 
individuals  subject  to  pains  and  penalties  under  the  laws 
Of  the  United  States  might  rely  upon  a  very  liberal  use  of 
the  power  confided  to  him  to  remit  those  pains  and  penal 
ties  if  peace  be  restored. 

During  the  conference  the  proposed  amendment  to  the 
Constitution  of  the  United  States,  adopted  by  Congress  on 
the  31st  ultimo,  was  brought  to  our  notice.  This  amend 
ment  declares  that  neither  slavery  nor  involuntary  servi 
tude,  except  lor  crimes,  should  exist  within  the  United 
States,  or  any  place  within  their  jurisdiction,  and  that  Con 
gress  should  have  power  to  enforce  this  amendment  by  ap 
propriate  legislation.* 

Of  all  the  correspondence  that  preceded  the  conference 


herein  mentioned,  and  leading  to  the  same,  you  have  here 
tofore  been  informed. 

Very  respectfully,  your  obedient  servant?, 

ALEX.  II.  STEPHENS, 
R.  M.  T.  HUNTER, 
JOHN  A.  CAMPBELL* 

DAVIS    AND     THE    RICHMOND    ADMINISTRATION    01* 
PEACE. 

February  6 — A  pub'ic  meeting  was  held  irt 
Richmond,  to  respond  to  the  terms  of  peace 
offered  by  Davis.  Rev.  Dr.  Burrows,  of  the  Bap 
tist  Church,  made  an  opening  prayer.  Gover 
nor  Smith  spoke,  followed  by  Jefferson  Davis, 
whose  speech  is  thus  reported  in  the  Richmond 
Dispatch  of  the  7th  : 

Upon  the  subject  of  the  recent  Peace  Commission,  Presi 
dent  Davis  said  that  for  himself  he  had  never  entertained 
much  hope  of  effecting  honorable  terms  so  long  as  our  cause- 
was  meeting  with  reverses ;  but  under  the  circumstances,, 
when  semi-official  representation  had  so  frequently  visited 
our  government,  intimating  that  negotiations  might  result 
in  a  satisfactory  adjustment  of  our  difficulties,  when  it  was 
plain  that  the  sufferings  of  the  people  dictated  that  every 
effort  on  his  part  should  be  made  to  bring  about  a  cessa 
tion  of  hostilities,  he  felt  it  his  duty,  as  he  had  always  dene, 
to  appoint  those  whom  he  regarded  as  among  the  best  men 
we  had,  who  were  most  calculated  to  heal  the  existing 
breach  which  severed  us,  and  obtain  that  independence  for 
the  Confederacy  from  the  Federal  government  which  no 
other  power  on  the  face  of  earth  but  Yankees  would 
think  of  denying.  As  to  conditions  of  peace,  President 
Davis  emphatically  asserted  that  none  save  the  independ 
ence  of  tiie  Confederacy  could  evor  receive  his  sanction. 
He  had  embarked  in  the  cause  with  a  full  knowledge  of 
the  tremendous  odds  against  iis.  But  with  the  approval 
of  a  just  Providence,  which  he  conscientiously  believed 
was  on  our  side,  and  a  united  resolve  of  our  people, 
ho  doubted  not  that  victory  would  yet  crown  our  la 
bors.  In  his  correspondence  with  Mr.  Lincoln,  that  func 
tionary  had  always  spoken  of  the  United  States  and  Con 
federacy  as  our  afflicted  country ;  but  in  his  replies  ho 
— the  speaker — had  never  failed  to  refer  to  them  as  separate 


f  Intercepted  letter  of  John  A.  Campbell: 

CONFEDERATE  STATES  OF  AMERICA, 
WAR  DEPARTMENT,  RICHMOND,  VA., 

September  13,  1864. 

DEAR  SIR:  Your  letter  of  the  31st  ultimo,  was  received 
to-day.  Y'our  appointment  has  been  made,  and  the  com 
mission  sent  to  Madison,  Georgia.  It  is  difficult  to  form 
any  opinion  as  to  prospects  before  us.  It  is  very  apparent 
that  the  people  in  both  sectionsof  the  late  Union  earnestly 
desire  peace,  and  that  the  principal  difficulty  lies  in  the 
settlement  of  the  terms.  The  sentiment  of  the  Northern 
people  in  favor  of  a  restoration  of  the  Union  has  been  con 
stantly  growing,  especially  among  the  better  classes  of  the 
population.  They  have  discovered  that  alone  they  will  be 
the  victims  of  a  turbulent  Democracy,  who  have  no  control 
over  themselves  and  will  exact  no  responsibility  from  their 
leaders  as  rulers.  They  are  not  willing  to  rely  upon  their 
own  capacity  to  govern  themselves.  With  Union  this  class 
would  make  peace  on  any  terms  and  would  modify  their  Con 
stitution  to  im-et  our  views.  But  this  is  not  the  governing 
class  at  the  North,  and  I  do  not  see  that  any  modification 
of  their  Constitution  can  be  made,  nor  how  any  guaranties 
can  be  given.  Any  peace  on  the  terms  of  Union  will  have 
to  be  made  on  the  terms  of  their  present  Union.  No  ad 
ministration  at  the  North  can  offer  more  or  could  fulfill 
any  agreement  to  do  more.  The  issue ,  therefore,  that  is 
presented  to  us,  is  a  return  to  the  conditions  of  I860,  or  in 
dependence.  In  my  judgment  all  discussion  of  the  ques 
tion  in  any  other  form  is  a  useless,  if  not  a  pernicious  dis 
cussion.  I  do  not  think  that  any  considerable  party  at  the 


*  Letter  from  General  Grant  in  18G3,  on  reconstruction 

VlCKSBURG,   MISSISSIPPI, 

August  30,  1863. 
Hon.  E.  B.  WASHBURNE: 

DEAR  SIR  :        *        *        *        The  people  of  the  Nortl 

need  not  quarrel  over  the  institution  of  slavery.  What  North  is  prepared  to  adopt  the  alternative  we  propose,  am 
Vice  President  Stephens  acknowledges  the  corner-stone  of  |  no  considerable  party  at  the  South  is  prepared  to  adopt  the- 
the  Confederacy  is  already  knocked  out.  Slavery  is  already  j  alternative  proposed  by  our  enemies.  I  am  not.  there- 
dead  and  cannot  be  resurrected.  It  would  take  a  standing  |  fore,  yet  hopeful  of  peace.  But  events  Kecm  to  be  hasten- 
army  to  maintain  slavery  in  the  South,  if  we  were  to  make 
peace  to-day,  guaranteeing  to  the  South  all  their  former 
constitutional  privileges.  I  never  was  an  abolitionist;  not 
even  what  could  be  called  anti-slavery;  but  I  try  to  judge 


ing  onward  towards  a  termination  of  the  war,  and  in  the 
termination  of  the  war,  a  solution  of  the  terms  of  a  settle- 
ment  must  take  place.  I  do  not  venture  to  predict  what 
that  settlement  will  I.e.  A  civil  commotion  at  the  North- 


fairly  and  honestly,  and  it  became  patent  to  my  mind  early  I  defeats  of  our  armies — defeats  of  the  Northern  armies  will 
in  the  rebellion,  that  the  North  and  South  could  never  live  i  affect  these.  None  can  decide  when  any  of  these  events 
at  peace  with  each  other  except  as  one  nation,  and  that  |  may  occur.  I  fear  that  my  answer  will  not  be  very  satis- 
without  slavery.  As  anxious  as  1  am  to  see  peace  estab-  factory.  But  I  cannot  reduce  the  question  of  peace  to  tha- 
listed,  I  would  not,  therefore,  be  willing  to  see  any  settle-  category  of  the  "  How." 


meet  until  this  question  is  forever  settled. 
Your  sincwe  friend, 


U.  S.  GRANT. 


Respectfully  yours, 
Mr.  JOEL  A.  BELLUPS. 


J.  A.  CAMPBELL, 


572 


APPENDIX. 


and  distinct  governments,  and  sooner  than  we  should  ever 
be  united  again  he  would  be  will  ing  to  yield  up  everything 
he  had  on  earth,  and  if  it  were  possible  would  sacrifice  a 
thousand  lives  before  he  would  succumb. 

He  concluded  by  exhorting  those  at  home  who  are  able  to 
bear  arms  to  unite  with  those  already  in  the  army  in  re 
pelling  the  foe,  believing  that  thereby  we  would  compel 
the  Yankees  in  less  than  twelve  months  to  petition  us  lor 
peace  upon  our  own  terms. 

These  resolutions  were  adopted  : 

Whereas,  The  Commonwealth  of  Virginia,  in  concert  with 
other  American  States,  did,  in  the  year  1776,  solemnly  set 
forth  that  when  any  form  of  government  becomes  des 
tructive  of  the  happiness  or  dangerous  to  the  liberties  of 
the  people,  it  is  the  right  and  the  duty  of  the  people  to 
alter  or  abolish  it,  in  pursuance  whereof  they  did  de 
clare  themselves  independent  States;  and  whereas,  her 
separate  independence,  and  that  of  the  co-acting  States,  was 
afterwards  acknowledged  by  the  world;  and  whereas,  Vir- 

ginia  did  subsequently  form  with  other  States  a  common 
overnment  or  agency  for  the  management  of  their  foreign 
affairs  and  other  specified  general  purposes,  wlu'ch  said  com 
mon  Government  or  agency,  received  no  other  or  further 
recognition  by  foreign  powers  than  as  representatives  of 
the  several  State  sovereignties  already  recognized;  and 
whereas,  Virginia,  in  entering  into  this  association  of  fede 
ration,  did  expressly  reserve  for  herself,  and  therefore  for 
her  co-States,  co-States'  rights  which  attached  to  the  act  it 
self  of  resuming  the  powers  whensoever  thesame  might  be 
perverted  to  their  injury  or  oppression ;  and  whereas,  the 
Commonwealth  of  Virginia  did  in  sovereign  convention,  in 
April,  1861,  decide  and  determine  that  circumstances  had 
arrived  Which  made  it  her  imperative  duty,  as  it  was  her 
indisputable  right,  to  withdraw  from  the  association  known 
as  the  United  States  of  America,  and  resume  her  separate 
sovereignty  ;  and  ivhereas,  this  legitimate  act  has  been  fol 
lowed  by  an  atrocious  war  upon  her  and  upon  the  States 
-with  which  she  subsequently  formed  a  new  confederation,  by 
the  States  from  which  she  and  they  withdrew,  for  the  pur 
pose  of  subjecting  her  and  them  to  the  absolute  and  tyran 
nical  domination  of  the  United  States;  and  whereas,  after 
four  years  of  hostilities,  conducted  on  the  part  of  our  en 
emies  with  a  barbarity  equalled  only  by  the  wickedness  of 
their  designs,  their  authorities  did  invite  a  conference  with 
a  view  to  the  establishment  of  peace,  which  invitation  was 
responded  to  by  tho  Confederate  authorities  ;  and  whereas, 
it  appears  from  tho  report  of  the  Confederate  Commission 
ers  to  said  conference  that  it  was  declared  on  the  part  of 
our  enemy  that  nothing  should  terminate  the  existing  war 
but  our  unconditional  submission  to  their  yoke,,  and  the  ac 
knowledgment  of  their  absolute  authority;  that  their  laws 
for  the  confiscation  of  our  property  and  execution  of  our 
citizens  should  bo  enforced  by  tho  judges  and  other  officers 
whom  they  would  appoint  for  that  purpose;  lhat  the  only 
palliation  of  our  wretchedness  should  be  the  voluntary 
mercy  of  those  who  for  four  years  have  murdered  our  peo 
ple  and  ravaged  our  homes  ;  that  our  social  system  shall 
be  immediately  unturned  and  hereafter  regulated  at  their 
will  ;  that  the  uniform  which  our  soldiers  have  made  so 
honorable- must  be  stripped  from  their  persons,  and  the 
flag  under  which  they  have  so  often  marched  to  victory 
must  be  trailed  in  the  dust  and  thrown  away  forever ;  there 
fore  be  i  t 

Resolved,  That  we,  the  citizens  here  assembled,  do 
spurn  with  the  indignation  due  to  so  gross  an  insult, 
the  terms  on  which  the  President  of  tho  United  States 
has  proffered  peace  to  the  people  of  the  Confederate 
States. 

Resolved,  That  the  circumstances  under  which  that 
proffer  has  been  made  add  to  the  outrage,  and  stamp  it 
as  a  designed  and  premeditated  indignity  to  our  people. 

Resolved,  That  our  profoundest  gratitude  is  due  to  the 
soldiers  \vli6  for  four  years  have  maintained  our  liberties 
against  the  utmost  efforts  of  our  enemies,  and  that  while 
wo  look  to  them  to  illustrate  in  future  feats  of  the  past,  we 
will  sustain  their  efforts  by  every  means  and  resource  at 
<Hir  command. 

Resolved,  That  in  His  presence,  and  in  the  face  of  the 
world,  reverently  invoking  thereto  the  aid  of  Almighty 
<iod,  we  renew  our  resolve  to  maintain  our  liberties  and 
independence;  and  to  this  we  mutually  pledge  our  lives, 
our  fortunes,  and  our  sacred  honor. 

February  9 — A  war  meeting  was  held  in 
Richmond,  at  which  R.  M.  T.  Hunter  presid- 
od.  Secretary  Benjamin,  Hugh  W.  Sheffey,  and 
others  spoke.  The  following  resolutions  were 
adopted  : 

Whereas,  While  the  existing  war  between  the  United 
States  and  tho  Confederate  States  has  been  and  still  is  a  war 
of  conquest  on  the  part  of  the  former,  it  has  been  waged 


by  the  latter  in  defence  of  life,  liberty,  and  property, 
and  to  secure  the  right  of  self-government  for  the  people; 
and 

Whereas,  The  President  of  the  United  States  has  re 
cently  declared  that  there  is  no  government  or  authority 
f  itlu-r  State  or  Confederate,  within  the  Confederate  States^ 
with  which  he  can  make  any  terms,  and  that  there  can  be 
no  peace  until  the  Confederate  States  shall  lay  down  their 
arms  and  submit  to  the  authority  of  the  Government  of 
the  United  States,  and  accept  the  laws  of  the  same,  some 
of  which  threaten  our  people  with  all  that  is  degrading  in 
subjugation,  uud  all  that  is  cruel  in  conquest;  now,  there 
fore,  be  it 

Resolved,  First,  That  the  events  which  have  occurred 
during  the  progress  of 'the  war  have  but  confirmed  our  origi 
nal  determination  to  strike  fof  our  Independence,  and  that, 
with  the  blessing  of  God,  we  will  never  lay  down  our  arms 
until  it  shall  have  been  won.  [Wild  and  long  continued 
cheering  followed  the  reading  ol  this  resolution.] 

Secondly,  That  as  we  believe  our  resources  to  be  suffi 
cient  for  the  purpose,  we  do  not  doubt  that  we  shall  con 
duct  the  war  successfully,  and  to  that  issue,  and  we  hereby 
invoke  the  people,  in  the  name  of  the  holiest  of  all  causes, 
to  spare  neither  their  blood  nor  their  treasure  in  its  mainte 
nance  and  support. 

Thirdly,  That  we  tender  our  thanks  to  our  soldiers  in 
the  field  for  their  noble  efforts  in  behalf  of  the  country,  ita 
rights  and  its  liberties,  and  take  this  occasion  to  assure  them 
that  no  effort  of  ours  shall  be  spared  to  assist  them  in 
maintaining  the  great  cause  to  which  we  hereby  devote 
ourselves  and  our  all. 

CORRESPONDENCE  OF  GENS.  LEE  AND  GRANT,  ON  A 
MILITARY  CONVENTION. 

RICHMOND,  VA.,  March  13, 1865. 
To  the  Senate  and  House  of  Representatives  : 

I  herewith  transmit  for  your  information  copies  of  the 
correspondence  referred  to  in  my  message  of  this  date,  in 
regard  to  the  proposed  conference  to  adjust  terms  of  peace 
by  means  of  a  military  convention. 

JEFFERSON  DAVIS. 
HEADQUARTERS  C.  S.  ARMIES,  March  '2, 1865. 
Lieut.  Gen.U.  S.  GRANT, 

Commanding  United  States  Armies: 

GENERAL:  Lieut.  Gen.  Longstreet  has  informed  me  that, 
in  a  recent  conversation  between  himself  and  Maj.  Gen. 
Ord,  as  to  the  possibility  of  arriving  at  a  satisfactory  ad 
justment  of  the  present  unhappy  difficulties  by  means  of  a 
military  convention,  Gen.  Ord  stated  that  if  I  desired  to 
h  ive  an  interview  with  you  on  the  subject,  you  would  not 
decline,  provided  I  had  authority  to  act.  Sincerely  desir 
ing  to  leave  nothing  untried  which  may  put  an  end  to  the 
calamities  of  war,  I  propose  to  meet  you  at  such  convenient 
time  and  place  as  you  may  designate,  with  the  hope  that, 
upon  an  interchange  of  views,  it  may  be  found  practicable 
to  submit  the  subjects  of  controversy  between  the  bellig 
erents  to  a  convention  of  the  kind  mentioned. 

In  such  event,  I  am  authorized  to  do  whatever  the  result 
of  the  proposed  interview  may  render  necessary  or  advisa 
ble.  Should  you  accede  to  this  proposition,  I  would  sug 
gest  that,  if  agreeable  to  you,  we  meet  at  the  place  selected 
by  Gens.  Ord  and  Longstreet  for  the  interview,  at  11  A.  M. 
on  Monday  next. 

Very  respectfully  your  obedient  servant, 

R.  E.  LEE,  General. 

HEADQUARTERS  ARMIES  U.  S.,  March  4, 1865. 
Gen.  R.  E.  LEE, 

Commanding  C.  S.  Armies: 

GENERAL:  Your  two  letters  of  the  2d  instant  were  re 
ceived  yesterday.  In  regard  to  any  apprehended  misun 
derstanding  in  reference  to  the  exchange  of  political  pris 
oners,  I  think  there  need  be  none.  Gen.  Ord  or  Gen.  Long- 
street  has  probably  misunderstood  what  I  said  to  the  firmer 
ou  tho  subject,  or  I  may  have  failed  to  make  myself  un 
derstood,  possibly.  A  few  days  before  the  interview  be 
tween  Generals  Longstreet  and  Ord,  I  had  received  a  des 
patch  from  (-'en.  Hoffman,  Commissary  General  of  Pris 
oners,  stating  in  substance  that  all  prisoners  of  war  who 
were  or  had  been  in  close  confinement  or  irons,  whether 
under  charges  or  sentences,  had  been  ordered  to  City  Point 
for  exchange.  I  forwarded  the  substance  of  that  despatch 
to  Lieut.  Col.  Mulford,  Assistant  Agent  of  Exchange,  and 
presumed  it  probable  that  he  had  communicated  ifto  CoL 
Robert  Ould.  A  day  or  two  after,  an  offender,  who  was 
neither  a  prisoner  of  war  nor  a  political  prisoner,  was  ex 
ecuted,  after  a  fair  and  impartial  trial,  and  in  accordance 
with  tho  laws  of  war  and  the  usage  of  civilized  nation*. 
It  was  in  explanation  of  this  class  of  cases  I  told  Gen.  Ord 
to  speak  to  Gen.  Lonpstreet. 

Reference  to  my  letter  of  February  16  will  show  my  un 
derstanding  on  the  subject  of  releasing  political  or  citizen 
prisoners. 

In  regrtrd  to  meeting  you  on  the  6th  inst.,  I  would  state 


APPENDIX. 


tfcat  I  have  no  authority  to  accede  to  your  proposition  for 
a  conference  on  the  subject  proposed.  Such  authority  is 
vested  in  the  President  of  the  United  States  alone. 

Gen.  Ord  could  only  have  meant  that  I  would  not  refuse 
as  interview  on  any  subject  on  which  I  have  a  right  to  act ; 
which,  of  course,  would  bo  such  as  are  purely  of  a  military 
character,  and  on  the  subject  of  exchange,  which  has  been 
entrusted  to  me. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  U  S.  GRANT,  Lieut.  Gen. 

RICHMOND,  VA.,  Feb.  28. 
Gen.  R.  E.  LEE,  Commanding,  d-c. : 

GENERAL;  You  will  learn  by  the  letter  of  Gen.  Longstreet 
the  result  of  his  second  interview  with  Gen.  Ord.  The 
points  as  to  whether  yourself  or  Gen.  Grant  should  invite 
the  other  to  a  conference  is  not  worth  discussing.  If  you 
think  the  statements  of  Gen.  Ord  render  it  probably  useful 
that  the  conference  suggested  should  be  hud,  you  will  pro 
ceed  as  you  may  prefer,  and  are  clothed  with  all  the  sup 
plemental  authority  you  may  need  in  the  consideration  of 
any  proposition  for  a  military  convention,  or  the  appoint 
ment  of  a  commissioner  to  enter  into  such  an  arrangement 
as  will  cause  at  least  temporary  suspension  of  hostilities. 
Very  truly,  yours, 

JEFFERSON  DAVIS. 

RESOLUTION  ON  CONSTITUTIONAL  POWERS. 

1865,  February  6 — Mr.  EDGERT  )N  submitted 
the  following  resolution,  and  demanded  the 
previous  question  on  its  adoption  : 

Whereas  the  Daily  Morning  Chronicle,  of  this  city,  the 
reputed  political  organ  of  the  President,  in  recent  editorials 
upon  the  suUject  of  negotiations  for  peace,  has  referred  to 
the  President  of  the  United  States  as  having  gone  "  in  his 
sovereign  capacity''  to  treat  with  the  commissioners  from 
Richmond,  and  has  further  described  the  President  as  •'  the 
sovereign  head  of  the  greatest  Government  on  earth;"  and 
whereas  the  supreme  court  of  the  District  of  Columbia 
has,  by  a  late  solemn  adjudication,  affirmed  principles  as 
the  law  of  the  land  which  recognized  arbitrary  dictatorial 
powers  in  the  President,  not  only  as  to  military  but  as  to 
civil  offenders,  which  are  subversive  of  civil  liberty  and  of 
the  public  welfare :  therefore, 

Resolved,  (as  the  judgment  of  this  House.)  That  the 
President  of  the  United  States  is  in  no  constitutional  sense- 
the  sovereign  thereof,  but  that  all  his  governmental  powers 
are  derived  from  the  Constitution  and  constitutional  laws 
of  the  United  States,  and  are  limited  by  them;  and  this 
House  sine  x'ly  deprecate  all  political  teachings  and  ju 
dicial  decisions  having  a  tendency  to  exalt  the  President 
above  the  Constitution  and  laws,  or  to  clothe  him  with 
attributes  unknown  to  them,  or  to  derogate  from  the 
powers  of  Congress;  and  they  affirm  that  the  principle 
that  the  people  are  sovereign,  and  that  all  departments  of 
the  Government  are  their  agents  or  servants,  and  should 
be  kept  in  strict  subordination  to  the  Constitution  and  laws, 
is  essential  to  the  permanence  of  republican  government 
and  to  civil  liberty. 

Mr.  BALDWIN  (of  Mass.)  proposing  to  debate 
it,  the  resolution  went  over. 

PROPOSITIONS    FOR    "PEACE." 

IN  SENATE. 

1864,  December  12 — Mr.  GARRETT  DAVIS 
offered  this  resolution,  which  was  ordered  to 
be  printed : 

Joint  resolution  for  the  restoration  of  peace  and  the  Union 
the  vindication  of  the  Constitution,  and  the  constructor 
of  additional  and  adequate  guaranties  of  the  rights  ant 
liberties  of  the  people  of  the  United  States. 
Resolved  by  the  Senate  and  House,  of  Representatives  o, 
the  United  States  of  America  in  Congress  assembled.  That  a 
convention  of  all  the  States  is  the  most  appropriate  agency 
b»  which  to  bring  about  the   restoration  of  peace  and  tin 
Union,  the  vindication  of  the  Constitution,  and  the  construe 
tioo  of  additional  and  adequate  guaranties  of  the  rights 
and  liberties  of  the  people  of  the  United  States;  and  to  pro 
mote  these  great  ends,  such  a  convention  should  be  held 
and  should  consider  the  following  propositions  as  the  basis 
»(  a  lasting  settlement  of  all  difficulties  between  the  bel 
ligerent  States  and  people,  and  as  amendments  of  the  Con 
ititution  of  the  United  States: 

First.  The  States  of  Maine,  New  Hampshire,  and  Ver 
mont  to  be  formed  into  one  State ;  the  States  of  Massachu 
setts,  Connecticut,  and  Rhode  Island  to  be  formed  into  one 
State ;  and  the  States  of  Maryland,  Delaware,  and  the  East 
ern  shore  of  Virginia  to  be  formed  into  one  State.  But 
Uiia  consolidation  of  States  to  be  for  federal  and  national 


purposes  only,  unless  the  respective  States  to  be  formed: 
nto  one  shall  otherwise  determine. 

Second.  The  President  and  the  Vice  President  to  be  ta 
ken  alternately  from  the  free  and  slave  States,  and  for 
;he  term  of  four  years ;  but  both  not  to  be  at  the  same 
time  citizens  of  the  free  or  slave  states.  No  person  who- 
may  have  filled  the  office  of  President  ever  again  to  be  eli 
gible  to  it. 

Third.  The  President  and  Vice  President  to  be  chosen  in 
this  manner  :  In  the  month  of  January  next  before  the  ex 
piration  of  the  presidential  term  for  the  time  being,  each 
State  to  select  one  of  its  own  citizens,  who  shall  be  anative- 
born  citizen  of  the  United  States,  for  the  presidency  or  the 
vice  presidency,  the  ensuing  term,  as  such  State  may  be  a 
free  or  a  slavo  State,  and  as  the  free  or  slave  States  may  be 
entitled  to  the  presidency  or  the  vice  presidency ;  and  shall 
certify  under  the  se  :1  of  State,  by  the  governor  thereof,  to 
each  house  of  Congress  and  to  the  Supreme  Court  of  tie 
United  States,  severally,  the  name  of  such  citizen,  and 
for  which  office  he  has  been  selected  ;  and  the  two  houses 
of  Congress  shall  convelie  in  the  hall  of  the  House  the 
first  Monday  of  February  ensuing,  and  request  the  attend 
ance  of  the  Supreme  Court,  and  when  it  shall  be  present, 
the  certificates  of  the  names  of  all  the  persons  for  the  presi 
dency  that  have  been  received  shall  be  opened,  and  from 
those  certified  as  herein  directed  the  Supreme  Court  shall, 
in  the  presence  of  the  two  houses  of  Congress,  choose  a 
President,  and  then  a  Vice  President,  from  the  names  sr> 
certified  for  that  office.  Whenever  the  office  of  President 
shall  become  vacant  during  the  term,  it  shall  devolve  on 
the  Vice  President;  and  when  the  vice  presidency  so  be 
comes  vacant,  the  Senate  shall,  from  its  own  body,  and 
from  the  senators  representing  the  free  or  the  slave  States, 
as  they  may  differ  on  this  point  from  the  incumbent  of  the 
presidency,'  select  a  Vice  President,  to  continue  in  office  for 
the  occasion  ;  and  thereupon  the  seat  of  the  senator  thus 
becoming  Vice  President  shall  be  vacant.  No  justice  of 
the  Supreme  Court  to  be  eligible  to  any  other  office  what 
ever. 

Fourth.  The  President  to  have  the  power  to  remove  from 
office  the  head  of  tho  Department  of  State ;  of  the  Treasu 
ry,  War,  Navy,  and  Interior  Departments ;  the  Attorney 
General;  all  diplomatic  officers,  whether  of  the  grade  of 
embassadors,  commissioner?,  or  charge  d'affaires,  and  sec 
retaries  of  legation.  All  other  officers,  except  those  hold 
ing  office  during  good  behaivior,  whom  the  President  is  re 
quired  to  nominate  to  the  Senate,  he  may  suspend  from 
their  offices;  but  in  making  such  suspensions  he  shall  re 
port  each  case,  with  the  cause  thereof,  to  the  Senate,  if  it 
be  in  session,  and  if  not,  at  its  next  session.  In  all  cases 
where  tho  Senate  shall  concur  with  the  President,  the  sus 
pension  shall  become  an  absolute  removal;  but  as  to  those 
in  which  it  does  not  concur  before  the  end  of  the  ssssion  to 
which  the  President  is  required  to  report  them,  the  officers 
shall  then,  ipso  facto,  be  reinstated  in  their  respective  of 
fices.  Tho  President  also  to  have  power  to  remove  all 
other  civil  officers,  appointed  by  executive  power,  for  in- 
competency  to  discharge  their  duties  ;  for  want  of  fidelity 
to  tho  Constitution  and  laws  of  the  United  States,  or  for 
gross  and  habitual  immorality;  but  to  each  officer  thus  re 
moved  ho  shall  cause  to  be  delivered  a  written  statement 
of  the  cause  of  his  removal,  the  truth  and  sufficiency  of 
which  the  officer  may  try  in  the  United  States  court  held 
in  the  district  in  which  he  may  have  been  performing  his 
duties,  on  writ  of  quo  warrauto  sued  out  against  his  suc 
cessor  in  office,  ana  a  judgment  thereon  in  his  favor  to  have 
the  effect  to  restore  him  to  office. 

Fifth.  The  absolute  right,  at  all  times,  and  under  all  con 
ditions,  of  the  people  to  the  writ  of  habeas  corpus,  and  to 
trial  by  jury  in  the  mode  prescribed  by  the  Constitution,  for 
capital  or  other  offences,  being  indispensable  to  secure  to 
them  personal  liberty,  the  freedom  of  religious  opinion  and 
worship,  and  the  sanctity  of  church  edifices,  tho  freedom 
of  speech  and  tho  press,  and  the  right  of  the  people  at  their 
elections  to  vote  for  those  whom  they  prefer,  without  con 
straint,  intimidation,  and  in  faithful  conformity  to  the  laws, 
and  under  the  exclusive  direction  of  the  proper  officers  of 
such  elections  ;  their  right  peaceably  to  assemble  and  freely 
to  discuss  and  pronounce  their  opinions  on  all  public  meas 
ures,  and  the  conduct  of  public  officers ;  and  to  purchase 
and  keep  arms  and  munitions  for  their  own  defence  ;  the  ex 
emption  of  all  persons  not  in  the  military  or  naval  service 
of  the  United  States,  or  in  the  militia  when  in  actual  ser 
vice  in  time  of  war  or  public  danger,  from  military  arrest, 
except  when  they  are  within  the  actual  lines  of  some  corps 
in  time  of  war  or  public  danger,  and  when  arrested  under 
such  circumstances  to  be  at  once  handed  over\to  the  proper 
civil  authorities  ;  and  the  absolute  immunity  of  such  per 
sons  from  trial  or  examination,under  martial  or  military  law, 
by  military  tribunals  of  any  kind,  or  by  any  other  law  or 
courts  than  the  civil  contra-distinguished  from  the  military ; 
and  of  their  persona,  houses,  papers,  and  effects  from  search 
es  and  seizures,  without  warrant  or  other  process  of  law  ; 
the  military  power  never  to  be  brought  into  conflict  with  the 


,574 


APPENDIX. 


civil  authorities,  but  in  all  times  where  it  is  necessary  and  I 
proper,  to  be  employed  to  uphold  the  civil  law  and  courts. 
The  Constitution  and  laws  of  the  United  States  made  in 
T  irsiiance  of  it,  being  the  supreme  law  of  the  land,  and 
continuously  and  under  all  circumstances  of  unimpaired 
validity,  no  other  law  or  authority  can  have  any  effect  to 
nullify,  suspend,  or  limit  their  operation.  And  all  acts  of 
•Congress  not  authorized  by  the  Constitution,  and  all  edicts 
und  proclamations  of  the  President,  or  orders  of  any  mili 
tary  oflicer,  in  derogation  of  the  Constitution  or  laws,  being 
utterly  null  and  void,  the  President  having  no  power  what 
ever  that  is  not  conferred  by  an  express  provision  of  the 
Constitution,  or  by  some  law  of  Congress  passed  in  pursu 
ance  of  it.  And  the  only  localities  and  conditions  in  which 
the  Constitution,  laws,  and  courts  of  the  United  States  can 
be  suspended,  being  when  a  portion  of  the  country  is  occu 
pied  by  a  domiuul  ing  hostile  arrny;  and  as  its  rule  is  remove'!, 
theirs  being  resumed,  the  right  of  the  people  to  all  the 
sources  of  information,  by  the  purchase  of  and  transmission 
to  them  of  all  books,  newspapers,  and  so  forth,  without  any 
obstruction,  and  to  free  trade  and  commerce  with  their  fel 
low-citizens  of  all  the  States,  except  so  far  as  restricted  by 
law.  The  personal  rights,  privileges,  and  liberties  here  set 
forth  being  the  inheritance  of  the  people  of  the  United 
States,  and  the  chief  and  inestimable  fruits  of  human  gov 
ernment,  they  shall  always  be  held  to  be  inviolable,  and 
their  infraction  to  be  both  a  grievous  private  wrong  to  every 
person  thereby  injured,  and  also  a  public  crime;  audall  per 
sons  who  may  commit  it  to  become  infamous,  and  to  be  far 
ther  punished  bv  laws  to  be  passed  for  that  purpose,  with 
out  pardon  or  commutation. 

Sixth.  Each  State  to  have  the  exclusive  right  and  power 
to  declare  and  establish,  within  its  own  limits,  every  sub 
ject  of  property  and  its  local  and  domestic  institutions,  and 
to  make  all  laws  and  regulations  concerning  them. 

Seventh.  Private  property  not  to  be  taken  for  the  United 
States,  except  to  subserve  some  operation  of  the  federal 
government  authorized  by  the  Constitution,  and  not  until 
full  and  fair  compensation  shall  have  been  made  to  its 
owner,  or  secured  to  him  in  a  mode  to  be  provided  by  law. 

Eighth.  No  military  necessity  ever  to  originate  or  confer 
any  power  whatever,  except  with  and  for  armed  forces  in 
the  Held  or  in  garrison,  and  within  their  present  actual 
lines,  to  supply  the  ordinary  and  necessary  military  wants 
•of  each  force  essential  to  the  public  service,  immediate  or 
impending,  and  so  urgent  as  not  to  allow  the  delay  which 
would  be  required  for  the  action  of  the  civil  authority;  and 
all  power  created  or  authorized  by  any  military  necessity 
to  be  exercised  exclusively  by  the  officer  present  and  in 
the  actual  command  of  the  force  in  which  and  where  it 
arises.  The  United  States  to  be  bound  to  make  full  indem 
nity  for  the  damage  sustained  by  all  persons  from  any  acta 
done  by  any  of  its  military  officers  under  a  real  or  supposed 
military  necessity,  and  the  officer  to  be  also  responsible  to 
all  persons  injured  by  his  abuse  of  power. 

Ninth.  No  negro,  or  person  who.se  mother  or  grand 
mother  is  or  was  a  negro,  to  be  a  citizen  of  the  United 
States. 

Tenth.  The  enumeration  in  this  proposition  of  certain 
rights  and  liberties  of  the  people,  and  powers  of  the  States, 
and  of  denials,  restrictions,  and  limitations  of  powers  to 
the  United  States,  the  fedpral  government  or  its  officers, 
not  to  be  held  to  deny,  or  (Usparage  any  of  the  other  rights 
and  liberties  of  the  people  or  powers  of  the  States;  and  as 
to  the  United  States,  the  federal  government  or  any  of  its 
officers  to  confer  or  enlarge  any  power  whatever. 

Eleventh.  In  giving  construction  to  the  Constitution, 
this  rule  shall  be  inflexibly  adhered  to.  All  rights,  liber 
ties,  or  privileges  assured  by  it  to  the  people,  or  powers 
reserved  to  the  States;  and  all  denials,  restrictions,  or  lim 
itations  of  power  to  the  United  States,  the  federal  govern 
ment,  or  any  of  its  officers,  provided  for  by  its  particular, 
or  express  language,  not  to  be  abrogated,  impaired,  or  in 
any  way  affected,  by  any  of  its  general  language  or  pro 
visions,  or  by  any  implication  resulting  from  it,  or  by  any 
other  law  or  laws  whatsoever. 

IN  HOU-E  OF  REPRESENTATIVES. 
18G3,  January  16— Mr.  Cox  offered  the  follow 
ing  resolution : 

Whereas  the  country  hails  with  manifestations  of  patri 
otic  joy  and  congratulation  the  victories  recently  achieved 
by  our  brave  armies ;  and  whereas  "the  recognized  object 
of  war,  at  least  among  civilized  and  Christian  nations,  is  an 
honorable  and  satisfactory  peace ;  and  that  although  we 
do  not  know  that  the  insurgents  arc  yet  prepared  to  agree 
to  any  terms  of  pacification  that  our  Government  would  or 
should  deem  acceptable,  yet  as  there  can  be  no  possible 
harm  resulting  from  ascertaining  precisely  what  they  are 
ready  to  do,  and  in  order  to  refute  the  imputation  that  the 
Administration  contemplates  with  satisfaction  a  continu 
ance  of  hostilities  for  their  own  sake,  on  any  ground  of 
mere  punctilio,  or  for  any  reason  than  because  it  is  com 


pelled  by  an  absorbing  regard  for  the  very  end  of  its  exist 
ence;"  and  whereas  "an  established  and  rightly  consti 
tuted  Government."  combating  armed  and  menacing  rebel 
lion,  should  strain  every  nerve  to  overcome  at  the  earliest 
moment  the  resistance  it  encounters,  and  should  n 
merely  welcome,  but  seek  satisfactory  (however  informa'; 
assurances  that  its  end  has  been  attained :"  Therefore- 

Resolved,  That  now,  in  this  hour  of  victory,  which  is  the 
hour  of  magnanimity,  it  is  eminently  the  duty  of  the  Presi 
dent,  on  the  basis  of  the  present  "  rightfully  constituted 
Government,"  either  to  send  or  receive  commissioners  or 
agents  with  a  view  to  national  pacification  and  tranquillity, 
or  by  some  other  rational  means  known  to  civilized  or 
Christian  nations,  secure  the  cessation  of  hostilities  and  the 
Union  of  the  States. 

Which  was  laid  on  the  table — yeas  84,  nays 
5',  as  follows: 

YEAS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Bailij,  John  D.Baldwin,  Baxter,  Beaman,  Bout- 
well,  Boyd,  Brandegee,  Broomall,  Ambrose  W.  Clark,  Free 
man  Clarke,  Cobb,  Cole,  Henry  Winter  Davis,  Thomas  T. 
Davis,  Dawes,  Doming,  Dixon,  Donnelly,  Eckley,  Eliot, 
Frank,  Garfield,  Gooch,  Grinnell,  Griswold,  Higby,  Hooper, 
Asahel  W.  lluboird,  John  II.  Ilubbard,  Ingereoll,  Jenckes, 
Julian,  Kasson,  Kelley,  Francis  W.  Kellogg,  Knox,  Little- 
John,  Loan,  Lougyear,  Marvin,  McClurg,  Mclndoc,  Samuel 
F.  Miller,  Morrill,  Daniel  Morris,  Amos  Myers,  Leonard 
Myers,  Norton  Orth,  Patterson,  Perham,  L'ike,  Price,  Wil 
liam  II.  Randall.  Alexander  II.  Bice,  John  II.  Rice,  Edward 
II.  Rollins,  Schenck,  Scofield,  Sloan,  Smith,  Smithers, 
Spalding,  Starr,  Stevens,  Thayer,  Thomas,  Upson.  Van 
Valken  burgh,  EllihuB.  Washburne,  William  B.  Wasliburn 
Webster,  Wheeler,  Williams,  Wilder,  \Vilsou,  Windom, 
Worthiugton— 84. 

NAYS— Messrs.  Ancona,  Augustus  C.  Baldwin,  Bliss, 
Brooks,  James  S.  Brown.  Chanter,  Coffroth,  Cox,  Cravens, 
Dcniso-n,  Eden,  Ed'jerton,  Eldridge,  English,  Finck,  Hale, 
Hall,  Harrington,  Charlts  M.  Harris,  Holinan.  n'illiam 
Johnson,  Orlando  Kellogg,  Keman,  King,  Law,  Lazear, 
Le  Blond,  Long,  Mallory,  JUarcy,  McAllister,  McDowell, 
McKinney.  Janus  It.  Morris,  Morrison,  Noble,  Pendleton, 
Radford,  KamuelJ.  Randall,  Robinson,  Rogers,  Ross,  Scott, 
John  B.  Merle,  Stiles,  Townscnd,  Wadsworth,  Chilian  A. 
White,  Joseph  W.  White,  Fernando  Wood,  1  'eaman— 51. 

January  31 — FERNANDO  WOOD  offered  the 
following  resolution,  which  was  objected  to,  and 
laid  over  under  the  rule;  and,  February  6,  was 
adopted  without  a  division: 

Resolved,  That  it  is  the  duty  of  the  President  to  main 
tain,  in  every  constitutional  and  legal  manner,  the  integrity 
of  the  American  Union  as  formed  by  the  fathers  of  the 
Republic,  and  in  no  event,  and  under  no  circumstances,  to 
proffer  or  accept  negotiations  which  shall  admit  by  the 
remotest  implication  the  existence  of  any  other  federal  or 
confederate  government  within  the  territory  of  the  United 
States. 

February  4 — Mr.  INGERSOLL  offered  the  fol 
lowing  resolution,  which  was  laid  over,  under 
the  rule : 

Whereas  it  is  alleged  that  informal  negotiations  are  now 
pending  between  the  United  States  and  the  sd-called  Con 
federate  States  with  a  view  to  a  restoration  of  peace: 
Therefore, 

•ttc^it  resolved,  That  it  is  the  deliberate  and  emphatic 
opinion  of  this  House  that  no  enduring  peace  can  or  should 
be  made  which  shall  ever  recognize  the  traitorous  leaders 
of  this  rebellion  as  citizens  of  the  United  States,  entitled 
to  equal  rights,  privileges  and  immunities  with  the  loyal 
people  thereof  under  the  Constitution  of  the  United  States. 

February  6- 
resolution  : 

Resolved,  That  the  President  of  the  United  States,  in  en 
deavoring  to  ascertain  the  disposition  of  the  insurgents  ir. 
arms  against  the  authority  of  the  Federal  Government., 
with  a  view  to  negotiations  for  peace  and  the  restoration  of 
the  Union,  is  entitled  to  the  gratitude  of  a  suffering  and 
detracted  country;  and  that  with  a  similar  view  he  be  ^e- 
spcctfully  requested  to  omit  no  reasonable  exertions  here 
after  which  may  lead  to  the  desired  object,  to  wit,  peace 
and  Union. 

Resolved,  That,  if  not  incompatible  with  the  above  ob 
ject  and  the  public  interests,  he  be  requested  to  communi 
cate  to  this  House  all  infonnation  leading  to  and  connected 
with  the  recent  negotiations. 

He  afterwards  withdrew  the  second  resolu 
tion.  The  House  refused  to  lay  the  first  reso- 


-Mr  Cox  offered  the  following 


APPENDIX. 


675 


lution  on  the  table — yeas  30,  nays  108,  as  fol 
lows  : 

YEAS— Messrs.  Allison,  Augustus  C.  Baldwin,  Beaman, 
Biandegee,  Freeman  Clarke,  Henry  Winter  Davis,  Dawes, 
Driggs,  L'dffertoH^  Higby,  John  H,  Hubbard,  Jenckes,  Wil 
liam,  Johnson,  Julian,  Francis  W.  Kellojrg,  Knox,  Loan, 
L  ng,  Longyear,  Marvin,  McClurg,  Morrill,  Rogers,  Sloan, 
SniiUiors,  Stevens,  Thomas,  Upson,  Wudsworth,  Wiudoui, 
—80. 

NAYS— Messrs.  James  C.  Alien,  William  J.  Allen,  Alley, 
Ames,  Amona,  Arnold,  Ashley,  John  D.  Baldwin,  Baxter, 
BLiir,  Blow.  Boutwell,  lioyd,  Brooinall,  James  S.  Brown, 
William  G.  Brown,  Chanler,  Ambrose  W.  Clark,  Clay,  Cobb, 
Oofft-oth,  Cox,  Cravens,  Thomas  T.  Davis,  Duwson,  Deiiing, 
Dumont,  Eckley,  Eidridge,  Eliot,  Farnsworth,  Finck,  Frank, 
Ganson,  Garliold,  Gooch,  Grinnell,  Hale,  Hall.  Harding, 
Harrington,  Benjamin  G.  Harris.  Charles  M.  Harris.  Her- 
rick.  Holman,  Hooper,  Asahel  'W.  Hubbard,  Hulburd, 
Hutchins,  Ingersoll,  Philip  Johnson,  Kc'ley,  Orlando  Kcl- 
logg,  Law,Lazcar  ZeZtfoHt/,  McBride,McIndoe,  J/c7u'«?ie,y, 
Middle/on,  Samuel  F.  Miller,  Daniel  Morris,  Morrison,  Amos 
Myers,  Noble.  Norton,  Odell,  Charle*  O'Neill,  John  O'Neill, 
Orth,  Patterson,  Pendleton,  Perham,  Perry,  Pike,  Pomeroy, 
Price,  Pruyn,  William  II.  Randall,  Alexander  II.  Rice, 
John  11.  Rice,  Edward  II.  Rollins,  James  S.  Rollins,  Ross, 
Schenck,  Scolield,  Scott,  Shannon,  Spalding,  John  B.  Ste.de, 
Stiies,  Slronse,  Sweat,  Townzend,  Tracy,  Van  Valkenburgh, 
Ward,  Ellihu  B.  Washburnc,  William  B.  Washburn,  Wha- 
Vv,  Williams,  Wilder,  Wilson,  Winfield,  Fernando  Wood, 
Y»  uv>;;bridge,  Worthington,  Yeaman — 108. 

Tlie  resolution  went  over,  and  was  afterwards 
withdrawn. 

1865,  February  8 — Mr.  TOWNSEND  offered  the 
following  resolution,  which  was  objected,  and 
was  laid  over,  under  the  rule : 

Retolv  rd,  That  we  hail  with  profound  emotions  of  satis 
faction  the  disposition  of  the  Southern  people  to  submit 
the  questions  that  have  so  long  drenched  our  land  in  blood 
to  the.  arbitrament  of  reason  rather  than  the  sword ;  and 
•we  pledge  our  earnest  efforts  to  sustain  all  measures  look 
ing  to  a  settlement  that  an  honorable  Government,  seek 
ing  to  sustain  its  integrity,  can  offer. 

1865,  February  13 — Mr.  DAWSON  offered  the 
following  resolution  : 

Whereas  the  American  people  have  now  been  engaged  in 
A  civil  war  of  gigantic  dimensions  for  nearly  four  years, 
which  has  resulted  in  frightful  destruction  of  fife,  property, 
and  treasure,  creating  an  enormous  public  debt,  imposing 
the  most  oppressive  taxes,  covering  the  laud  with  afflic 
tion,  Corrupting  the  general  morals,  and  putting  in  peril  the 
liberties  of  the  nation  ;  and  whereas,  on  the  part  of  tho 
United  States  and  the  people  of  the  States  which  adhere  to 
this  government,  this  is,  and  ought  to  be,  a  war  solely  to 
Tindicate  the  Constitution  and  restore  the  laws  to  their  just 
supremacy,  and  to  that  we  are  bound  by  our  oaths  and  by 
our  solemn  pledges  made  in  the  face  of  the  world  when  the 
war  commenced :  Therefore, 

Resolved,  That  the  President  of  the  United  States  be  re 
quested  to  use  all  honorable  and  just  means  to  bring  about 
a  lasting  peace  and  the  re-establishment  of  fraternal  rela 
tions  among  all  the  people  by  a  restoration  of  the  Union 
upon  the  simple  and  just  basis  of  the  Constitution  and  laws, 
with  every  proper  gurantee  to  the  southern  States  that 
they  shall  be  protected  in  the  full  enjoyment  of  their 
rights,  and  that  undisturbed  control  of' their  own  local  af 
fairs  which  the  Federal  Constitution  was  intended  to  se 
cure  to  them  and  to  us. 

Which  was  laid  on  the  table — yeas  73,  nays 
47,  as  follows: 

YE.VS — Messrs.  Alley,  Anderson,  Ashley,  Baily,  John  D. 
Baldwin.  Beaman,  Blame,  Boutwell,  Boyd,  Brandegee, 
«•  Brooinall,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb,  Colo, 
Dawes,  Deming,  Dixon,  Donnelly,  Driggs,  Eckley,  Eliot, 
Gu  field,  Hale,  Higby,  Hooper,  Asahel  W.  Hubbard,  John 
II.  Hubbard,  Ilulburd,  Ingersoll,  Julian,  Kasson,  Kelloy, 
Francis  W.  Kellogg.  Orlando  Kellogg,  Knox,  Littlejohn, 
Longyear,  Marvin,  McBride,  McClurg,  Mclndoe,  Samuel  F. 
MilkT,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Charles  O'Neill,  Orth,  Perham,  Pomeroy,  William  II.  Ran 
dall,  Alexander  II.  Rice,  John  II.  Rice,  Edward  II.  Rollins, 
(  Scnenck,  Sconeld,  Shannon,  Smithers,  Thayer,  Thomas, 
v  Tniry,  Upson,  Van  Valkenburgh,  William  B.  Washburn, 
Webster,  Wh;iley,  Williams,  Wilder,  Wilson,  Windom, 
'-V-jodbi  idge,  Worthington— 73. 

NA.YS — Messrs.  James  C.  Allen,  Ancona,  Bliss,  Brooks, 
Willi.im  (',.  Brown,  Chanler,  Clay,  Coffroth,  Cox,  Cravens, 
Dit>;Mn,  Df.nison,  Edgerton,  Eldridge,  Finck,  Grider,  Hall, 
&.irding,  Clmrltt  M.  Harris,  Herrick,  Holman,  Philip  John 


son,  William  Johnson,  Kalbflfisch,  King,  Lazear,  LP,  Blond, 
Mallonj,  McAllister,  Middleton,  William  H.  Miller,  James  R. 
Aforru,  Morrison,  Nelson,  John  O'Neill,  Pendlefon,  Pruyn, 
James  S.  Rollins,  Ross,  William  G.  Sti>eh>,  Stiles,  Ktrouse, 
Sweat,  Toivnsend,  Wadswcsrlh,  Joseph  W.  White,  Yeaman — 

1865,  February  13 — Mr.  WILLIAMS  offered 
the  following  resolutions: 

Resolved,  1.  That  there  is  no  power  under  the  Constitu 
tion,  in  any  branch  of  this  Government,  to  treat  with  the 
States  confederated  in  rebellion  against  it,  either  for  the 
severance  of  this  Union  or  for  the  abrogation  of  any  article 
of  its  fundamental  law. 

Resolved,  ±  That  inasmuch  as  the  said  confederated 
States  have  taken  up  arms  against  the  Government  of  the 
United  States  without  any  just  provocation,  and  for  the 
avowed  purpose  of  asserting  and  establishing  their  indepen 
dence  thereof,  and  still  persist  in  maintaining  that  position 
by  armed  resistance  to  its  authority:  and  inasmuch  also  as 
the  public  authorities  of  this  nation  hove  not  only  declared, 
as  was  their  duty,  that  they  can  accept  no  terms  and  enter 
tain  no  propositions  for  anything  short  of  absolute  and 
unconditional  submission  to  its  laws,  and  with  a  clemency 
and  magnanimity  almost  without  example  in  history  have 
proclaimed  a  general  amnesty,  without  limits  as  to  time, 
to  such  of  the  malefactors  as  shall  return  to  their  duty, 
with  the  exception  only  of  the  chief  conspirators: 

It  is  hereby  declared  to  be  the  sense  of  this  House  that 
this  Government  has  already  exhausted  all  the  resources  of 
a  just  and  wise  statesmanship — except  so  far  as  regards 
the  further  earnest  and  vigorous  prosecution  of  the  war 
for  the  enforcement  of  tho  laws — in  the  effort  to  restore 
peace  to  this  nation,  and  has,  to  this  end,  done  all  that  a 
proper  regard  for  its  own  interests  can  allow  raid  all  that  a 
decent  respect  for  the  opinions  of  the  world  could  demand 
of  it;  and  that  therefore  any  further  overtures  through 
embassies,  public  or  private,  official  or  unofficial,  looking 
to  treaty  or  compromise  with  the  usurpers  at  Richmond, 
would  be  not  only  unprofitable,  as  they  would  be  inconsist 
ent  with  the  rights  and  dignity  of  this  nation,  but  are  to 
be  deprecate  las  absolutely  mischievous, in  giving  encour 
agement  to  the  insurgents  and  protracting  their  resistance, 
by  exposing  us  to  misconstruction,  and  giving  color  to  the 
delusion  that  we  mistrust  our  ability  to  subdue  them  to 
obedience,  and  aro  ready  to  accept  something  short  of  tho 
restoration  of  the  Union  and  the  unconditional  submission 
of  those  who  have  rebelled  against  it. 

Which  were  laid  on  the  table— yeas  72,  nays 
52,  as  follows: 

YEA.S — Messrs.  .Tames  C.  Allen,  William  J.Allen,  Alley, 
Ames,  Ancona.,  Anderson,  liaily,  Blair,  Bliss,  Boutwell, 
Brandegee,  Brooks.  James  »S'.  Brown,  William  G.  Brown, 
C'unnler,  Ambrose  W.  Clark,  Clay,  Coffroth,  Cox,  Cravens, 
Dawes,  Dawson,  Denison,  Dumont,  Eckley,  Edgerton,  El 
dridge,  Eliof,  Finck,  Frank,  Gooch,  Grider,  Hale,  Harding, 
Benjamin  G.  Harris,  Charles  M.  Ham's,  Herrick,  Holman, 
Hooper,  John  II.  Hubbard,  Hutchins,  Philip  Johnson,  Wil 
liam  Johnson.  Kalbjieisch,  Kasson,  Orlando  Kellogg,  Law, 
Lazear,  Le  Blond,  Lonq,  Mallory,  McKinney,  Middleton, 
William  II.  Miller,  Morrill.  James  R.  Morris.  Morrison, 
Nelson,  Pendleton,  Pike,  Pomeroy,  Pruyn,  Alexander  H. 
Rice,  James  S.  Rollins,  Roxs,  Spalding,  William  G.  Steele, 
Stiles,  Townsend,  Wadsworth,  Webster,  Joseph  W.  White 
— 72. 

NAYS— Messrs.  Ashley,  John  D.  Baldwin.Baxtcr,Beamau, 
Elaine,  Boyd,  Brooinall,  Freeman  Clarke,  Cobb,  Cole, 
Dixon,  Donnelly,  Driggs,  Iligby,  Assahel  W.  Hubbard,  Hul 
burd,  Ingersoll,  Julian,  Kelley,  Francis  W.  Kellogg,  Knox, 
Loan,  Longyear,  Marvin,  McClurg,  Mclndoe,  Moorhead, 
Daniel  .Morris,  Amos  Myers,  Charles  O'Neill,  Orth,  Patter 
son,  Perham,  Win.  II.  Randall,  John  H.  Rice,  Edward  II. 
Rollins,  Schenck.  Sconeld,  Shannon,  Smithers,  Starr,  Thayer, 
Tracv,  Upson,  Van  Valkmbnrgh,  William  B.  Washburn, 
Williams,  Wilder,  Wilson,  Wiudoui,  Woodbridge,  Worth- 
ingtou — 52. 

REPUDIATION    OF    REBEL    DEBT. 

IN  SENATE. 

1865,  February  17— Mr.  SUMNER  submitted 
the  following  resolution,  which  was  objected 
to,  but  adopted  at  the  evening  session  without 
a  division  : 

Whereas  certain  persons  have  put  in  circulation  the  re 
port  that  on  the  suppression  of  the  rebellion  the  rebel  debt 
or  loan  may  be  recognized  in  whole  or  in  part  by  the  United 
States;  and  whereas  such  a  report  is  calculated  to  give  a 
false  value  to  such  rebel  debt  •  >r  loan  :  Therefore, 

Resolved  by  the  Senate,  (tho  House  of  Representatives 
concurring,)  That  Congress  hereby  declares  that  tho  rebel 


576 


APPENDIX. 


debt  or  loan  is  simply  an  agency<of  the  rebellion  which  the  | 
United  States  can  never,  under  any  circumstances,  recog 
nize  in  any  part  or  in  any  way. 

IN  HOUSE  OF  REPRESENTATIVES. 
March  3,  1865 — It  passed.     There  were  a  few 
voices  in   the    negative,    but  no  division    was 
called. 

Reconstruction  of  States. 

(See  pages  317—332,  436—441.) 
IN  HOUSE  OF  REPRESENTATIVES. 

1864,  December  20 — Mr.  ASHLEY  reported 
from  the  Select  Committee  a  bill  to  guarantee  to 
certain  States  whose  governments  have  been 
usurped  or  overthrown,  a  republican  form  of 
government ;  which  was  reported  modified 
January  16,  1865.  It  authorized  the  appoint 
ment  by  the  President,  with  the  consent  of 
the  Senate,  in  each  State  declared  in  rebel 
lion  a  provisional  governor,  with  the  pay  and 
emoluments  of  a  brigadier  general,  to  be  charged 
with  the  civil  administration  prior  to  the  recog 
nition  of  a  State  government,  and  with  the 
execution  of  the  laws  of  the  United  States  and 
the  laws  in  force  when  the  State  government 
was  overthrown  ;  but  no  law  or  usage  whereby 
any  person  was  heretofore  held  in  involuntary 
servitude  shall  be  recognized  or  enforced  by 
any  court  or  officer  in  such  Sta^e ;  and  the  laws 
for  the  trial  and  punishment  of  white  persons 
shall  extend  to  all  persons,  and  jurors  shall 
have  the  qualifications  of  voters  under  this  law 
for  delegates  to  the  convention.  The  appoint 
ment  by  the  President  of  other  necessary  offi 
cers  is  authorized.  The  expenses  of  the  civil 
government  to  be  borne  by  taxes  laid  in  con 
formity  with  prior  State  laws.  Sections  4,  5, 
6,  and  15  are  as  follows  . 

That  all  persons  held  to  involuntary  servitude  or  labor 
in  the  States  or  parts  of  States  in  which  such  persons  have 
been  declared  free  by  any  proelamation  of  the  President, 
are  hereby  emancipated  and  discharged  therefrom,  and 
they  and  their  posterity  shall  bo  forever  free.  And  if  any 
such  person  or  their  posterity  shall  be  restrained  of  liberty, 
under  pretence  of  any  claim  to  such  service  or  labor,  the 
courts  of  the  United  States  shall,  on  habeas  corpus,  dis 
charge  them. 

That  if  any  person  declared  free  by  this  act,  or  any  law 
of  the  United  States,  or  any  proclamation  of  the  President, 
be  restrained  of  liberty,  with  intent  to  be  held  in  or  re 
duced  to  involuntary  servitude  or  labor,  the  person  con 
victed  before  a  court  of  competent  jurisdiction  of  such 
act  shall  be  punished  by  fine  of  not  less  than  $1,500,  and 
bo  imprisoned  not  less  than  five  nor  more  than  twenty 
years. 

That  every  person  who  shall  hereafter  hold  or  exercise 
any  office,  civil  or  military,  except  offices  merely  ministe 
rial  and  military  offices  below  the  grade  of  colonel  in  the 
rebel  service,  State  or  confederate,  is  hereby  declared  not 
to  be  a  citizen  of  the  United  States. 

Thcit  the  United  States,  in  Congress  assembled,  do 
hereby  recogni/.o  the  government  of  the  State  of  Louisiana, 
inaugurated  under  and  by  the  convention  which  assembled 
on  the  Gth  day  of  April,  A.  D.  1864,  at  the  city  of  New  Or 
leans;  and  the  government  of  the  State  of  Arkansas,  in 
augurated  under  and  by  the  convention  which  assembled 
on  the  8th  day  of  January,  1864,  at  the  city  of  Little  Rock  : 
Provided,  That  the  same  or  other  conventions,  duly  assem 
bled,  shall  first  have  incorporated  into  the  constitutions  of 
those  States,. respectively,  the  conditions  prescribed  in  the 
twelfth  section  of  this  act,  and  the  marshal  of  the  United 
States  shall  have  returned  to  the  President  of  the  United 
States  the  enrollment  directed  by  the  seventh  section  to  be 
made  and  returned  to  the  provisional  governor,  and  it  shall 
appear  thereby  that  the  persons  taking  the  oath  to  support 
the  Constitution  of  the  United  States,  together  with  the 
citizens  of  the  United  States  from  such  State  in  the  mili 
tary  or  naval  service  of  the  United  States,  amount  to  a 
majority  of  the  persons  enrolled  in  the  State.  And  the 
President  shall,  thereupon,  by  proclamation,  declare  th« 


recognition  by  the  United  States,  in  Congress  assembled, 
of  the  said  government  of  such  State; ;  arid  from  the  date 
of  such  proclamation  the  said  government  shall  be  entitled 
to  the  guarantee  and  all  other  rights  of  a  State  government 
under  the  Constitution  of  the  United  Shites;  but  this  act 
shall  not  operate  a  recognition  of  a  State  government  in 
either  of  said  States  till  the  conditions  aforesaid  are  com 
plied  with,  and  till  that  time  those  States  shall  be  subject 
to  this  law. 

Other  sections  provide  for  an  enrollment,  on 
the  sufficient  return  of  the  people  of  any  State  to 
their  obedience  to  the  Constitution,  of  all  white 
male  citizens  of  the  United  States  resident  in 
the  State  in  their  respective  counties,  and  upon 
a  majority  (including  those  in  the  United  States 
military  and  naval  service)  taking  the  oath  of 
allegiance,  the  loyal  people  are  to  elect  delegates 
equal  in  number  to  the  number  of  both  houses 
of  the  State  Legislature.  The  voters  are  the 
loyal  male  citizens  of  the  United  States,  of  the 
age  of  twenty-one  years,  and  enrolled  and  res 
ident  at  the  time  in  the  district  in  whioh  they 
offer  to  vote,  and  those  absent  in  the  military 
service  of  the  United  States.  "  No  person  who 
has  held  or  exercised  any  office,  civil  or  milita 
ry,  State  or  confederate,  under  the  rebel  usur 
pation,  or  who  has  voluntarily  borne  arms 
against  the  United  States,  shall  vote  or  be 
eligible  to  be  elected  as  delegate  at  such  elec 
tion."  If  the  Convention  shall  declare,  on 
behalf  of  the  people  of  the  State,  their  sub 
mission  to  the  Constitution  and  laws  of  the 
United  States,  and  shall  incorporate  the  fol 
lowing  provisions  into  the  Constitution  of  the 
State: 

First.  No  person  who  has  held  or  exercised  any  office, 
civil  or  military,  except  civil  offices  merely  ministerial  and 
military  offices  below  the  grade  of  colonel,  State  or  con 
federate,  under  the  usurping  power,  shall  vote  for  or  be  a 
member  of  the  legislature  or  governor. 

Second.  Involuntary  servitude  is  forever  prohibited,  and 
the  freedom  of  all  persons  is  guaranteed  in  said  State. 

Third.  No  debt  or  confederate,  created  by  or  under  the 
sanction  of  the  usurping  power,  or  in  any  manner  in  aid 
thereof,  shall  be  recognized  or  paid  by  tho  State. 

And  the  Constitution  be  then  ratified  by  a  ma 
jority  of  the  voters  qualified  as  aforesaid,  the 
President  shall,  by  proclamation,  recognize  the 
State  government  thus  established,  and  from 
that  date,  senators  and  representatives,  and 
presidential  electors  may  be  chosen. 

1865,  January  16 — Mr.  KELI.EY  moved  to 
amend  by  adding  to  the  white  citizens  enrolled, 
"  and  all  other  male  citizens  of  the  United  States 
who  may  be  able  to  read  the  Constitution 
thereof." 

Mr.  ELIOT  moved  the  following  as  a  substi 
tute,  the  third  section  having  been  accepted  by 
him  when  offered,  as  a  separate  proposition,  by 
Mr.  Arnold  : 

That  the  States  declared  to  be  in  rebellion  against  the 
United  States,  and  within  which  tho  authority  of  the  Con 
stitution  and  laws  of  the  United  States  has  been  over 
thrown,  shall  not  bo  permitted  to  resume  their  political  re 
lations  with  tho  government  of  the  United  States  until,  by 
action  of  the  loyal  citizens  within  such  States,  respectively, 
a  State  constitution  shall  be  ordained  and  established,  re 
publican  in  form,  forever  prohibiting  involuntary  servi 
tude  within  such  State,  and  guaranteeing  to  all  persona 
freedom  and  equality  of  rights  before  the  law. 

SEC.  2.  That  the  State  of  Louisiana  is  hereby  permitted 
to  resume  its  political  relations  with  (lie  government  of 
the  United  States  under  the  constitution  adopted  by  the 
convention  which  assembled  on  the  sixth  day  of  April, 
anno  Domini  eighteen  hundred  and  sixty-four,  at  New  Or 
leans. 

SEC.  3.  That  in  all  that  portion  of  the  United  State* 
heretofore  declared  to  be  in  rebellion  against  the  United 
States,  and  enumerated  in  the  President's  proclamation  <af 


APPENDIX. 


577 


January  1,  1863.  slavery  and  involuntary  servitude,  oth 
erwise  "thtin  in  the  punishment  of  crime  whereof  the  ac 
cused  shall  have  been  duly  convicted,  shall  be,  and  the  same 
hereby  is,  abolished  and  prohibited  forever,  and  the  re- 
enslavement,  or  holding,  or  attempting  to  hold  in  slavery 
or  involuntary  servitude,  any  person  within  such  States 
made  free  by  this  act,  or  declared  to  be  free  by  the  proclama 
tion  of  the  President  of  the  United  States,  dated  January  1, 
1863,  or  of  any  of  their  descendants,  otherwise  than  in  the 
punishment  of  crime  whereof  the  accused  shall  have  been 
duly  convicted,  is  and  shall  be  forever  prohibited,  any  law 
or  regulation  of  either  of  said  States  to  the  contrary  not 
withstanding. 

Mr.  WILSON  moved  to  substitute  the  follow 
ing  : 

Senators  and  Representatives  shall  not  be  received  from 
any  State  heretofore  declared  in  rebellion  against  the  Uni 
ted  States  until  by  an  act  or  joint  resolution  of  Congress, 
approved  by  the  President,  or  passed  notwithstanding  his 
objections,  such  State  shall  have  been  first  declared  to  have 
organized  a  just  local  government,  republican  in  form,  and 
to  be  entitled  to  representation  in  the  respective  Houses  of 
Congress. 

January  17 — The  bill  was  postponed  to  Feb 
ruary, — yeas  103,  nays  34. 

February  21 — Mr.  ASHLBY  offered,  on  behalf 
of  the  committee,  a  substitute,  which  differed 
chiefly  in  this  respect  from  the  original  bill. 
The  section  recognizing  the  State  governments 
of  Louisiana  and  Arkansas  was  omitted,  and 
this  substituted  for  it : 

That  if  the  persons  exercising  the  functions  of  Governor 
and  Legislature  under  the  rebel  usurpation  in  any  State 
heretofore  declared  to  be  in  rebellion  shall,  before  armed 
resistance  to  the  national  Government  is  suppressed  iusucl 
State,  submit  to  the  authority  of  tho  United  States,  anc 
take  the  oath  to  support  the  Constitution  of  the  United 
States,  and  adopt  by  Liw  the  third  provision  prescribed  in 
the  eighth  section  of  this  act,  and  ratify  tho  amendment  to 
the  Constitution  of  the  United  States  proposed  by  Congress 
to  the  Legislatures  of  the  several  States  on  the  31st  day  o: 
January,  A.  I).  1865,  it  shall  be  lawful  for  the  President  of  the 
United  States  to  recognize  the  said  Governor  and  Legisk 
ture  as  the  lawi'ul  State  government  of  such  State,  and  to 
certify  the  fact  to  Congress  for  its  recognition:  Provided 
That  uotliing  herein  contained  shall  operate  to  disturb  the 
boundary  lines  of  any  States  heretofore  recognized  by  and 
now  represented  in  the  Congress  of  the  United  States. 

Mr.  KELLEY'S  amendment  was  modified  so  as 
to  provide  for  striking  out  the  word  "  white' 
in  the  enrollment  section. 

Mr.  WILSON  modified  his  substitute,  so  as  to 
make  it  read  : 

That  Senators  and  Representatives  shall  not  be  received 
from  any  State  heretofore  declared  in  rebellion  against  the 
United  States  until  Congress,  by  concurrent  action  of  botl 
Houses,  shall  have  first  declared  a  just  local  government 
republican  in  form,  to  have  been  organized  thereim,  anc 
such  State  to  be  entitled  to  representation  in  the  respectiv 
Houses  of  Congress. 

Mr.  ELIOT  modified  his,  so  as  to  make  i 
read  : 

That  the  States  declared  to  be  in  rebellion  against  th 
United  States,  and  within  which  the  authority  of  tho  Con 
Btitutiou  and  laws  of  the  United  States  has  been  over 
thrown,  shall  not  be  permitted  to  resume  their  political  re 
lations  with  the  Government  of  the  United  States,  until 
by  action  of  the  loyal  citizens  within  such  States  respec 
lively,  a  State  constitution  shall  be  ordained  and  estab 
lished,  republican  in  form,  forever  prohibiting  involuntary 
servitude  within  said  State,  and  guaranteeing  to  all  person 
freedom  and  equal  rights  before  the  law. 

On  motion  of  Mr.  MALLORY,  the  bill  wa: 
laid  on  the  table — yeas  92,  nays  64,  as  fol 
lows  : 

YEAS — Messrs.  James  C.  Allen,  Ancona,  Anderson,  Baily 
Augustus  C.  Baldwin,  Blair,  Bliss,  Boyd,  William  G.  Brown 
Chanfar,  Clay,  Cobb,  Coffroth,  Cox,  Cravens,  Thomas  T.  Davis 
Dawes,  l>awson,  D".nison,  Eckley,  Eden,Edgerton,  Eldridge 
English,  Fink,  Ganson,  Gooch,  Grider,  Griswold,  Halo,  Hal 
Harding,  Harrington,  Benjamin  G.  Harris,  Charles  A 
Harris,  Hcrrick,  Holman,  Hulburd,  Hutchins,  Julian,  Kalb- 
Jleisch,  Kernan,  King,  Knapj),  Law,  Lazear,  Le  Blanc 
LkUejob.fi,  Lwg,  MaUory,  Marcy,  Marvin.  McAUitter,  Me 
37 


Zinney,  William  H.  Millfr.  James  R.  Mf/rris,  Morrison, 
Nelson,  Noble,  Odell,  PendWon,  Pike,  Pomeroy,  Pruyn, 
Radford,  Samuel  J.  Randall,  William  H.  Randall,  AIcx- 
uider  H.  Rice,  Rogers,  James  S.  Rollins,  Ross,  Smith, 
John  B.  Steele,  William  G.  Steele,  Stevens,  Stiles,  Strouse, 
Sluart,  Sweat,  Thomas,  Townsmd,  Tracy,  Van  Valkcn- 
mrgh,  Wadaworth,  William  B.  Washburn,  Webster,  Wha- 
ey,  Wheeler,  Joseph  W.  White,  Winfield,  Fernando  Wood, 
Yeoman — 92. 

NAYS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  John  D. 
Baldwin,  Baxter,  Beaman,  Elaine,  Blow,  Boutwell,  Bran- 
degee,  Broomall,  Ambrose  W.  Clark,  Cole,  Henry  Winter 
Davis,  Doming,  Dixon,  Donnelly,  Driggs,  Dumont,  Eliot, 
Farnsworth,  Garlield,  Grinnell,  Iligby,  Uoopor,  Asahel  W. 
Hubbard.  John  H.  Hubbard,  Ingersoll,  Jenckes,  Kelley, 
Francis  WT.  Kellogg,  Orlando  Kellogg,  Knox,  Loan,  Long- 
year,  McBride,  McClurg,  Samuel  V.  Miller,  Moorhoiid, 
Merrill,  Daniel  Morris.  Amos  Myers.  Leonard  Myers,  Norton, 
Charles  O'Neill,  Orth,  Patterson,  Perham,  Price,  John  H. 
Rice,  Edward  H.  Rollins,  Schenck,  Scofield,  Shannon,  Sloan, 
Smithers,  Starr,  Thayer,  Upson,  Williams,  Wilson,  Wood- 
bridge,  Worthington — 64. 

February  22 — Mr.  WILSON,  from  the  Judi 
ciary  Committee,  reported  this  bill : 

That  neither  the  people  nor  the  Legislature  of  any  State, 
the  people  of  which  were  declared  to  be  in  insurrection 
against  the  United  States  by  the  proclamation  of  the  Pres 
ident,  dated  August  10, 1861,  shall  hereafter  elect  Repre 
sentatives  or  Senators  to  the  Congress  of  the  United  States 
until  the  President,  by  proclamation,  shall  have  declared 
that  armed  hostility  to  the  Government  of  the  United  States 
within  such  State  has  ceased;  nor  until  the  people  of 
such  State  shall  have  adopted  a  constitution  of  government 
not  repugnant  to  the  Constitution  and  laws  of  the  United 
States;  nor  until,  by  a  law  of  Congress,  such  State  shall 
have  been  declared  to  be  entitled  to  representation  in  tho 
Congress  of  the  United  States  of  America. 

Mr.  ASHLEY  offered,  as  a  substitute,  the  bill 
offered  by  him  yesterday. 

Mr.  KELLEY  moved  to  strike  out  the  word 
"  white"  from  the  Enrollment  section. 

Mr.  BLAIR  moved  that  the  bill  be  tabled ; 
which  was  agreed  to — yeas  80,  nays  65,  as  fol 
lows  : 

YEAS — Messrs.  James  C.  Allen,  Ancona,  Anderson,  Bail>/, 
Blair,  Bliss,  Brooks,  William  G.  Brown,  Chanter,  Clay,  Cobb, 
Cox,  Cravens,  Dawes,  Dawson,  Denison,  Eden,  Edgertrm, 
Eldridge,  English,  FincJc,  Ganson,  Gooch.  Grider,  Griswold, 
Hall,  Ho.rding,  Harrington,  Benjamin  G.  Harris,  Charles 
M.  Harris,  Herrick,  Holman,  Hidchins,  Kalbjleisch,  Kaf  son, 
Kernan,  Knapp,  Law,  Lazear,  Le  Blond,  Long,  MaUory, 
Marcy,  Marvin,  McAllister,  McKinney,  William  H.  Miller, 
James  R.  Morris,  Morrison,  Nelson,  Noble,  Odell,  Pendleton, 
Per  ry,  Pike,  Pomeroy,  Pruyn,  Radford,  Samuel  J.Randall, 
William  II.  Randall,  Alexander  II.  Rice,  Rogers,  Jamt-s  8. 
Rollins,  Ross,  Smitfi,  John  B.  Steele,  William  G.  Slerte, 
Stiles,  Strouse.  SLuart,  Townsend,  Tracy,  Voorhees,  HW.v- 
worth,  William  B.  Washburn,  Whaley,  *  Wheeler,  Winjitld, 
Fernando  Wood,  Teaman — 80. 

NAYS — Messrs.  Allison,  Ames,  Ashley,  John  D.  Baldwin, 
Baxter,  Beaman,  Blow,  Boutwell,  Boyd,  Brandegee,  Broom- 
all,  Ambrose  W.  Clark,  Cole,  Henry  Winter  Davis,  Doming, 
Dixou,  Donnelly,  Driggs,  Dumont,  Eckley,  Eliot,  Garlield, 
Grinnell,  Iligby,  Hooper,  Asahel  W.  Hubbard,. Tohn  H.  Hub 
bard,  Hulburd,  Iugerso]l,Jeuckes,  Kelley, Orlando  Kellogg, 
Knox,Littlejohn,  Loan,  Longyear,  McBride,  McClurg,  Sam 
uel  F.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos  Myers, 
Leonard  Myers,  Charles  O'Neill,  Orth,  Perham,  Price,  John 
U.  Rice,  Edward  II.  Rollins,  Schenck,  Scofield,  Shannon, 
Sloan,  Smithers,  Starr,  Stevens,  Thayer.  Upson,  Van  Valk- 
enburgh,  Ellihu  B.  Washburne,  Williams,  Wilder,  Wilson, 
Woodbridge— €5. 

[REPRESENTATION  IN  THE  ELECTO 
RAL  COLLEGE. 

IN  HOUSE  OF  REPRESENTATIVES. 
1865,    January    30 — Mr.     WILSON    reported 
from  the  Committee  on  the  Judiciary  this  reso 
lution,  which  was  passed  without  a  division  : 

Joint  resolution  declaring  certain  States  not  entitled  to 

representation  in  the  electoral  college. 
Whereas  the  inhabitants  and  local  authorities  of  tbo 
States  of  Virginia,  North  Carolina,  South  Carolina,  Georgia, 
Florida,  Alabama,  Mississippi,  Louisiana,  Texas,  Arkansas, 
and  Tennessee  rebelled  against  the  government  of  tlve 
United  States,  and  have  continued  in  a  state  of  armed  re 
bellion  for  more  than  three  years,  and  were  in  said  state  of 


573 


APPENDIX. 


armed  rebellion  on  the  eighth  day  of  November,  eighteen 
hundred  ami  sixty-four:  Therefore, 

lie  it  resolved,  (f-c.,  That  the  State*  mentioned  in  the  pream 
ble  to  thin  joint  resolution  are  not  entitled  to  representation 
in  the  electoral  college  for  the  choice  of  President  and 
Vice-President  of  the  United  States  for  the  term  of  office 
commencing  on  the  fourth  day  of  March,  eighteen  hundred 
and  sixty-five;  and  no  electoral  votes  shall  be  received  or 
counted  from  said  States  concerning  the  choice  of  Presi 
dent  and  Vice-President  for  said  term  of  office. 

IN  SENATE. 

February  1 — Mr.  TRCMBULL  reported  it  from 
the  Judiciary  Committee,  with  this  amendment : 

To  strike  from  the  preamble  these  words  : 
"  And  have  continued  in  a  state  of  armed  re 
bellion  for  more  than  three  years,  and  were  in 
said  state  of  armed  rebellion  on  the  8th  day  of 
November,  1804." 

And  substitute  these  :  "  And  were  in  such  state 
of  rebellion  on  the  8th  day  of  November,  18C4, 
that  no  valid  election  for  President  and  Vice 
President  of  the  United  States  according  to 
the  Constitution  and  laws  thereof  was  held 
therein  on  said  day." 

Which  was  agreed  to,  in  Committee  of  the 
Whole. 

Mr.  TEN  EYCK  moved  to  strike  from  the  pre 
amble  the  word  "Louisiana." 

Mr.  COLLAMER  moved  this  as  a  substitute  for 
th  preamble  and  resolution  : 

That  the  people  of  no  State,  the  inhabitants  whereof 
have  been  declared  in  a  State  of  insurrection  by  virtue  of 
the  fifth  section  of  the  act  entitled  "  An  act  further  to  pro 
vide  for  the  collection  of  duties  on  imports,  and  for  other 
purposes/'  approved  March  July  lo,  1861,  shall  be  regarded 
as  empowered  to  elect  electors  of  President  and  Vice  Pres 
ident  of  tho  United  States  until  said  condition  of  insurrec 
tion  shall  cease  and  be  so  declared  by  virtue  of  a  law  of 
tho  United  States,  or  until  they  shall  be  represented  in  both 
houses  of  Congress. 

Nor  shall  any  vote  cast  by  any  such  electors  elected  by 
the  votes  of  the  inhabitants  of  any  such  State,  or  the  Legis 
lature  thereof,  be  received  or  counted. 

Mr.  LANE,  of  Indiana,  moved  to  postpone 
the  resolution  indefinitely,  which  was  lost — 
yeas  1 1,  i;ays  26,  as  follows  : 

YEAS— Messrs.  Cowan,  Doolittle,  Farwell,  Ilarlan,  Har 
ris,  Howe,  Lane  of  Indiana,  JVesmith,  Ten  Eyck,  Van 
Winkle,  Willey— 11. 

NAYS — Messrs.  Anthony,  Buckaletv,  Clark,  Collamer,  Con- 
ness,  Davis,  Dixon,  Foster,  Hale,  Henderson,  Howard,  John 
son,  Lane  of  Kansas,  Morgan,  Morrill,  Nye,  Powell,  Sher 
man,  Sprague,  Stewart,  Sumner,  Trumbull,  Wade,  Wil 
kinson,  Wilson,  Wright— 26. 

1865,  February  3 — Mr.  TEN  EYCK'S  amend 
ment  was  not  agreed  to — yeas  15,  nays  22,  as 
follows  : 

YEAS— Messrs.  Cowan,  Dixon,  Doolittlo,  Farwell,  Harlan, 
Harris,  Howe,  Lane  of  Indiana,  Lane  of  Kansas,  JYesmith, 
Pomeroy,  Ramsey,  Ten  Eyck,  Van  Winkle,  Willey— 15. 

NATS — Messrs.  Brown,  Buckalew,  Clark,  Cokamer,  Con- 
ness,  Davis,  Foster,  Henderson,  Hcndricls,  Howard,  John 
son,  Morgan,  Morrill,  Powell,  Sauhbury,  Sherman,  Sprague, 
Sumner,  Trumbull,  Wude,  Wilkinson,  Wright — 22. 

Mr.  LANE,  of  Kansas,  moved  to  strike  out 
the  preamble,  which  was  not  agreed  to —yeas 
12,  nays  30,  as  follows: 

YEAS — Messrs.  Cowan,  Doolittle,  Ilarlan,  Harris,  Howe, 
Lane  <>f  Indiana,  Lane  of  Kansas,  tfamith,  Pomeroy,  Ten 
Eyck,  Van  Winkle,  Willey— 12. 

NAYS— Messrs.  Brown,  Buckalew,  Chandler,  Clark,  Con- 
ness,  Davis,  Dixon,  Farwell,  Foster,  Grimes,  Hale,  Hen 
derson,  Hendricks,  Howard,  Johnson,  Morgan,  Morrill,  Nye, 
Powell,  Ramsey,  Salisbury,  Sherman,  Sprague,  Stewart, 
Sumner,  Trumbull,  Wade,  Wilkinson,  Wilson,  Wright— 30. 
Mr.  HARRIS  moved  to  amend  by  substituting 
aa  follows : 

Whereas  in  pursuance  of  an  act  of  Congress  approved 
on  the  loth  day  of  July,  1861,  the  President  did,  on  the 
16th  day  of  August,  1861,  declare  the  inhabitants  of  certain 


States,  and  among  others  the  States  of  Tennessee  and  Loui 
siana,  to  be  in  a  state  of  insurrection  against  the  United 
States:  and  whereas,  with  a  view  to  encourage  the  inhabi 
tants  of  such  States  to  resume  their  allegiance  to  tie 
United  States  and  to  reinaugurate  loyal  StaK'gorernments, 
the  President,  on  the  8th  day  of  December,  1803,  ironed  his 
proclamation,  whereby  it  was  declared,  among  other  tilings, 
that  in  case  a  State  Government  should  be  ro-establi-ln-d 
in  any  of  said  States,  in  a  manner  therein  specified,  such 
government  should  be  recognized  as  the  true  government 
of  the  State ;  and  whereas  the  loyal  inhabitants  of  the 
States  of  Tennessee  and  Louisiana,  invited  so  to  do  by  the 
said  last  mentioned  proclamation,  have  in  good  faith  estab 
lished  State  governments  loyal  to  the  United  States,  or 
attempted  so  to  do;  and  whereas  such  loyal  inhabitants  at 
the  recent  presidential  election  have  chosen  electors  of 
President  and  Vice-President,  who  have  in  pursuance  of 
the  requirement  of  the  Constitution,  cast  their  votes  for 
the  President  and  Vice-President;  and  whereas  doubts 
exist  as  to  the  validity  of  mich  election  of  presidential  elec 
tors  in  tho  said  States  of  Tennessee  and  Louisiana;  and 
whereas  it  is  well  understood  that  the  result  of  the  presi 
dential  election  could  in  no  way  be  affected  by  the  votes  of 
the  said  States,  whether  tho  same  be  counted  or  not: 
Therefore, 

Be  it  resolved,  d-c.,  That  it  is  inexpedient  to  determine 
the  question  as  to  the  validity  of  the  election  of  electors  in 
the  said  States  of  Tennessee  and  Louisiana,  and  that  in 
counting  the  votes  for  President  and  Vice  President  the 
result  be  declared  as  it  would  stand  if  the  votes  of  the  said 
States  were  counted,  and  also  as  it  would  stand  if  the  votes 
of  the  said  States  were  excluded,  such  result  being  the  same 
in  either  case. 

Which  was  rejected — yeas  12,  nays  31,  as  fol 
lows  : 

YEAS— Messrs.  Cowan,  Doolittle,  Farwell,  Harris,  Howe, 
Lane  of  Indiana,  Lane  of  Kansas,  Kesmith,  Pomeroy,  Ten 
Eyck,  Van  Winkle,  Willey— 12. 

NAYS — Messrs.  Brown,  Buckalew,  Chandler,  Clark,  Colla 
mer,  Conoess,  Davis,  Dixon,  Foster,  Grimes,  Hale,  Ilarlan, 
Henderson,  Hendricks,  Howard,  Johnson,  Morgan,  Morrill, 
Nye,  Pmtdl,  Ramsey,  Saultbtery,  Sherman,  Sprague,  Stew 
art,  Sumner,  Trumbull,  Wade,  Wilkinson,  Wilson,  Wright— 
31. 

February  4 — Mr.  COLLAMER'S  amendment  was 
rejected — yeas  13,  nays  27,  as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Clark,  Collamer,  Dixon, 
Farwell,  Foot,  Ilarlan,  Howard,  Lane  of  Kansas,  Ramsey, 
Sumner,  Wilson— 13. 

NAYS — Messrs.  Buckalew,  Chandler,  Conness,  Cowan, 
Davis,  Doolittle,  Foster,  Hale,  Harris,  Henderson,  Hendricks, 
Howe,  Jottnson,  Lane  of  Indiana,  Morgan.  Morrill,  Nye, 
Pomeroy,  Powell,  Snulsbury,  Sherman,  Stewart,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Willey,  Wright— 11. 

The  joint  resolution  as  amended  being  re 
ported  to  the  Senate, 

Mr.  POMEROY  moved  to  strike  out  the  words 
"  state  of  rebellion"  and  insert  in  lieu  thereof 
the  word  "condition;"  which  was  adopted — 
yeas  26,  nays  13,  as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Buckalew,  Chandler, 
Clark,  Conness,  Davix,  Dixon,  Doolittle,  Farwell,  Foot,  Har 
lan,  Harris,  Henderson,  Hendricks,  Lane  of  Kansas,  Mor 
gan,  Pomeroy,  Powell,  Ramsey,  Saulsbury,  Sherman,  Trum 
bull,  Van  Winkle,  Willey,  Wilson— 26. 

NAYS — Messrs.  Collamer,  Cowan,  Foster,  Grimes,  Hale, 
Howard,  Johnson,  Morrill,  Nye,  Stewart,  Ten  Eyck,  Wade, 
Wright— 15. 

The  amendment  us  amended  was  then  agreed 
to — yeas  32,  nays  6,  (Messrs.  Cowan,  Foot, 
Johnson,  Ten  Eyck,  Van  Winkle,  Willey.) 

Mr.  LANE,  of  Kansas,  moved  to  strike  out 
the  preamble,  and  to  strike  out  after  the  word 
"  States,"  in  the  first  line  of  the  resolution, 
the  words  "  mentioned  in  th'<  preamble,"  and 
to  insert  in  lieu  of  them  '  of  Virginia,  North 
Carolina,  South  Carolina,  Georgia,  Florida,  Ala 
bama,  Mississippi,  Louisiana,  Texas,  Arkansas, 
and  Tennessee." 

Which  was  rejected — yeas  7,  nays  30,  as  fol 
lows  : 

YEAS — Messrs.  Cowan,  Doolittle,  Harris,  Lane  of  Kansa*, 
Nesmith,  Van  Winkle,  Willey— 7. 


APPENDIX. 


579 


NATS— Messrs.  Anthony,  Brown,  Buckaltw,  Chandler, 
<31ark.  Collamer,  Conness,  Davis,  Dixon,  Farwell,  Foster, 
Grimes,  Hale,  Ilurlan,  Henderson,  Hf.nclricks,  Howard, 
Johnson,  Morgan,  Morrill,  Nyc,  Powell,  Ramsey.  Sattlt- 
bury,  Sherman,  Sumner,  Ten  Eyck,  Trumbull,  Wade, 
Wright— 30. 

And  the  resolution  pa-sed — yeas  29,  nays  10  : 

YEAS— Messrs.  Anthony.  Brown,  Buckalew,  Chandler, 
Clark,  Collamer,  Couness,  'Davis.  Dixon,  Farwell,  Foster, 
Grimes,  Hale,  Harlan,  Henderson.  Hendricks,  Howard, 
Johnson,  Morgan.  Morrill,  Nye,  Powell,  Ramsey,  Sherman, 
Stewart,  Sunincr,  Trumbull,  Wade,  Wright — 29. 

NAYS — Messrs.  Cowan,  Doelittle,  Harris,  Howe,  Lane  of 
Kansas,  Ncsmith,  Saulsbury,  Ten  Eyck,  Van  Winkle,  Wil- 
ley— 10. 

February  4 — The  House  concurred  in  the 
amendments. 

Pending  this  question,  Mr.  YEAMAN  proposed 
to  offer  this  substitute  for  the  resolution,  but, 
on  the  point  being  raised,  it  was  ruled  out  of 
order  at  that  stage  : 

That  the  votes  of  the  Presidential  electors  of  any  State 
shall  be  counted  when  presented  and  verified  in  the  ordi 
nary  and  legal  method;  and  it  is  incompetent  and  immate 
rial  for  Congress  to  go  behind  such  verification,  and  inquire 
•whether  a  part  of  the  citizens  of  such  State  may  have  been 
in  rebellion  ;  and  all  laws  and  parts  of  laws  and  joint  reso 
lutions  incompatible  with  this  are  hereby  repealed. 

Februar.  10 — This  message  from  the  PRESI 
DENT  was  laid  before  the  Senate : 

To  the  honorable  the  Senate  and 

House  of  Representatives: 

The  joint  resolution  entitled  "Joint  resolution  declaring 
certain  States  not  entitled  to  representation  in  the  Elec 
toral  College"  has  been  signed  by  the  Executive,  in  defer 
ence  to  the  view  of  Congress  implied  in  its  passage  and 
presentation  to  him.  In  his  own  view,  however,  the  two 
Houses  of  Congress,  convened  under  the  twelfth  article  of 
the  Constitution,  have  complete  power  to  exclude  from 
counting  all  electoral  votes  deemed  by  them  to  be  illegal ; 
and  it  is  not  competent  for  the  Executive  to  defeat  or  ob 
struct  that  power  by  a  veto,  as  would  be  the  case  if  his  ac 
tion  were  at  all  essential  in  the  matter.  He  disclaims  all 
right  of  the  Executive  to  interfere  in  any  way  in  the  mat 
ter  of  canvassing  or  counting  electoral  votes,  and  he  also 
disclaims  that,  by  signing  s.iid  resolution,  he  has  expressed 
any  opinion  on  the  recitals  of  the  preamble,  <#•  any  judg 
ment  of  his  own  upon  the  subject  of  the  resolution. 

ABRAHAM  LINCOLN. 
EXECDTIVE  MANSION,  February  8. 1865. 

THE  LOUISIANA  QUESTION. 
IN  SENATE. 

1864,  December  7— The  credentials  of  Charles 
Smith  and   B,.  King  Cutler,  as   Senators,  were 
presented,  and  referred  to   the  Committee  on 
the  Judiciary. 

1865,  February    18 — Mr.    TRUMBULL    made 
this  written  report : 

The  Committee  on  the  Judiciary,  to  whom  were  referred 
the  credentials  of  R.  King  Cutler  and  Charles  Smith,  claim 
ing  seals  from  the  State  of  Louisiana,  report : 

That  in  the  early  part  of  eighteen  hundred  and  sixty- 
one  the  constituted  authorities  of  the  State  of  Louisiana 
undertook  to  withdraw  that  State  from  the  Union,  and  so 
far  succeeded  in  the  attempt  as  by  force  of  arms  to  expel 
from  the  State  for  a  time  the  authority  of  the  United 
States,  and  *et  «P  a  government  in  hostility  thereto. 

Since  that  time  the  United  States,  as  a  necessity  to  the 
maintaining  of  its  legitimate  authority  in  Louisiana  as  one 
of  the  States  of  the  Union,  has  been  compelled  to  take  pos 
session  thereof  by  its  military  forces,  and,  in  the  'absence 
of  any  local  organi/ations  or  civil  magistrates  loyal  to  the 
Union,  temporarily  to  govern  the  same  by  military  power. 

While  a  large  portion  of  the  State,  embracing  more  than 
two-thirds  of  its  population,  was  thus  under  the  control  of 
the  military  power,  steps  were  taken,  with  its  sanction,  and 
to  some  extent  under  its  direction,  for  the  reorganization 
of  a  State  government  loyal  to  the  government  of  the  Uni 
ted  States.  The  first  action  had  looking  to  such  reorganiza 
tion  was  a  registration  of  the  loyal  persons  within  the  lim 
its  of  military  control  entitled  to  vote  under  the  constitu 
tion  and  laws  of  Louisiana  at  the  beginning  of  the  rebel 
lion.  The  lists  thus  made  up  contain  the  names  of  between 
fifteen  and  eighteen  thousand  voters,  which  is  represented  to 


be  more  than  half  the  number  of  voters  in  the  same  parishes 
previous  to  the  rebellion,  and  more  than  two-thirds  of  the 
voting  population  within  the  same  localities  at  the  time 
the  registry  was  taken.  The  next  step  taken  in  the  reorgan 
ization  of  the  State  government  was  the  election  of  State 
officers  on  the  22d  of  February,  1864,  under  the  auspices  of 
the  military  authority  acting  in  conjunction  with  promi 
nent  and  influential  citizens.  At  this  election  11,414  votes 
were  polled,  808  of  which  were  cast  by  soldiers  and  sailors- 
citizens  of  Louisiana,  who  would  not  have  been  entitled  to 
vote  under  the  constitution  of  Louisiana  as  it  existed  "prior 
to  the  rebellion,  for  the  sole  reason  that  they  were  in  the 
military  service,  but  who  possessed  in  other  respects  all  the 
qualifications  of  voters  required  by  that  instrument.  The 
balance,  10,606,  were  legal  voters  under  the  constitution  of 
the  State  prior  to  the  rebellion.  The  third  step  in  the  reor 
ganization  of  the  State  government  was  to  call  a  conven 
tion  for  the  amendment  of  the  constitution  of  the  State, 
Delegates  to  this  convention  were  elected  March  28.1864, 
under  the  joint  and  harmonious  direction  of  the  military 
authorities,  and  the  State  officers  who  had  been  elected  on 
the  22d  February  previous.  In  a  paper  submitted  to  the 
committee  by  Major  General  Banks  he  states  that  delegates 
were  apportioned  to  every  election  district  in  the  State, 
both  within  and  beyond  the  lines,  so  that  if  beyond  the 
lines  of  the  army  the  people  of  the  State  had  chosen  to  par 
ticipate  in  that  election,  the  delegates  might  have  been  re 
ceived  if  they  had  shown  themselves  loyal  to  the  govern 
ment.  They  were  about  150  in  number.  All  elections  sub 
sequent  to  that  for  delegates  have  been  ordered  and  con 
trolled  by  the  representatives  of  the  people. 

In  the  organization  of  the  convention  it  was  provided 
that  a  majority  of  the  whole  number  apportioned  to  the 
State,  it  every  district  within  and  beyond  the  lines  had  been 
represented,  should  constitute  a  quorum  for  the  transac 
tion  of  business.  Every  vote  in  the  convention,  from  a 
question  of  order  to  the  ratification  of  the  constitution, 
was  conducted  under  this  rule,  and  was  approved  by  a  ma 
jority  of  all  the  delegates  apportioned  to  the  State  if  every 
district  had  been  represented. 

The  delegates  met  in  convention,  in  the  city  of  New  Or 
leans,  on  the  6th  day  of  April,  1864,  remained  in  session 
till  July  23.  1864,  and  adopted  a  constitution,  republican 
in  form,  and  in  entire  harmony  with  the  Constitution  of 
the  United  States  and  the  great  principles  of  human  lib 
erty. 

This  constitution  was  submitted,  by  the  convention  which 
adopted  it,  to  the  people  for  ratification,  on  the  first 
Monday  of  September,  1864,  and  adopted  by  a  vote  of 
6.806  lor,  to  1,566  against  it. 

At  the  same  time  the  vote  was  taken  on  the  adoption  of 
the  constitution,  a  legislature  was  elected,  representing  all 
'  those  parishes  of  the  State  reclaimed  from  insurgent  con 
trol,  and  embracing  about  two  thirds  of  its  population. 
This  legislature  assembled  at  New  Orleans  on  the  3d  day 
of  October,  1864,  and  proceeded  to  put  in  operation  a  State 
government  by  providing  for  levying  and  collecting  taxes, 
the  establishment  of  tribunals  for  the  administration  of 
justice,  the  adoption  of  a  system  of  education,  and  such 
other  measures  as  were  necessary  to  the  re-establishment 
of  a  State  government  in  harmony  with  the  Constitution 
and  laws  of  the  United  States.  The  State  government 
thus  inaugurated  has  been  in  successful  operation  since 
the  period  of  its  establishment,  and  your  committee  are  as 
sured  that  if  no  exterior  hostile  force  is  permitted  to  enter 
the  State,  the  local  State  government  is  fully  equal  to  the 
maintaining  of  peace  and  tranquillity  throughout  the  State, 
in  subordination  to  the  Constitution  and  laws  of  the  United 
States. 

The  manner  in  which  the  new  State  government  was  in 
augurated  is  not  wholly  free  from  objection.  The  local 
State  authorities  having  rebelled  against  the  government, 
and  ihere  being  no  State  or  local  officers  in  existence  loyal 
to  its  authority,  in  taking  the  initiatory  steps  for  a  reor 
ganization,  some  irregularities  were  unavoidable,  and  the 
number  of  voters  participating  in  this  reorganization  is  less 
than  would  have  been  desirable.  Yet,  when  we  take  into 
consideration  the*  large  number  of  voters  who  had  left  the 
State  in  consequence  of  the  rebellion,  who  bad  fallen  in 
battlo,  or  were  absent  at  the  time  of  the  election,  both  in 
the  Union  and  rebel  armies,  and  the  difficulties  attending 
the  obtaining  of  a  full  vote  from  those  remaining,  in  conse 
quence  of  the  unsettled  condition  of  affairs  in  the  State,  and 
the  further  fact  that  the  adoption  of  the  amended  constitu 
tion  was  not  seriously  opposed,  and  therefore  the  question 
of  its  ratification  not  calculated  to  call  out  a  full  vote,  the 
number  of  votes  cast  is  perhaps  as  large  as  could  have  been 
expected,and  the  State  government  wliich  has  been  reorgan 
ized,  as  your  committee  believe,  fairly  represents  a  majority 
of  the  loyal  voters  of  the  State. 

Appended  hereto  is  a  copy  of  the  various  orders  and  proc 
lamations  issued  in  regard  to  the  election  of  State  officers, 
delegates  to  the  Constitutional  convention,  and  members  of 
the  legislature,  and  also  a  copy  of  election  laws  and  instruc- 


580 


APPENDIX. 


tions  relative  to  the  duties  of  commissioners  of  elections, 
issued  for  the  guidance  of  officers  in  conducting  said  elec 
tion. 

Messrs.  Cutler  and  Smith,  the  claimants  for  seats,  were 
duly  elected  senators  by  the  legislature  which  convened  on 
the  third  day  of  October,  186i,  and  but  for  the  fact  that,  in 
pursuance  of  an  act  of  Congress  passed  on  the  loth  day  of 
July,  1861,  the  inhabitants  of  the  State  of  Louisiana  were 
declared  to  be  in  a  state  of  insurrection  against  the  United 
States,  and  all  commercial  intercourse  between  them  and 
the  citizens  of  other  States  declared  to  be  unlawful,  which 
condition  of  things  had  not  ceased  at  the  time  of  the  reorgan 
ization  of  the  State  government  and  the  election  of  Messrs. 
Cutlerand  Smith,  your  committee  would  recommend  their 
immediate  admission  to  seats. 

The  persons  in  possession  of  the  local  authorities  of  Lou 
isiana  having  rebelled  against  the  authority  of  the  United 
States,  and  her  inhabitants  having  been  declared  to  be  in 
a  state  of  insurrection  in  pursuance  of  a  law  passed  by  the 
two  Houses  of  Congress,  your  committee  deem  it  improper 
for  this  body  to  admit  to  seats  senators  from  Louisiana,  till 
by  some  joint  action  of  both  Houses  there  shall  be  some 
recognition  of  an  existing  State  government  acting  in  har 
mony  with  the  government  of  the  United  States,  and  recog 
nizing  its  authority. 

Your  committee  therefore  recommend  for  adoption,  be 
fore  taking  definite  action  upon  the  right  of  the  claimants 
to  seats,  the  accompanying  joint  resolution. 

The  joint  resolution  is  as  follows  : 

Resolved,  d-c.,  That  the  United  States  do  hereby  recog 
nize  the  government  of  the  State  of  Louisiana,  inaugurated 
under  and  by  the  convention  which  assembled  on  the  6th 
day  of  April,  A.  D.  1864,  at  the  city  of  New  Orleans,  as  the 
legitimate  government  of  the  said  State,  and  entitled  to  the 
guaranties  and  all  other  rights  of  a  State  government  under 
the  Constitution  of  the  United  States. 

February  23 — Mr.  SUMNER  moved  this  sub 
stitute  : 

That  neither  the  people  nor  the  Legislature  of  any  State, 
the  people  of  which  were  declared  to  be  in  insurrection 
against  the  United  States  by  the  proclamation  of  the  Presi 
dent,  dated  August  16, 1861,  shall  hereafter  elect  Repi-e- 
sentativesor  Senators  to  the  Congress  of  the  United  States 
until  the  President,  by  proclamation,  shall  have  declared 
that  armed  hostility  to  the  Government  of  the  United 
States  within  such  State  has  ceased;  nor  until  the  people 
of  such  State  shall  have  adopted  a  constitution  of  govern 
ment  not  repugnant  to  the  Constitution  and  laws  of  the 
United  States;  nor  until,  by  a  law  of  Congress,  such  State 
shall  have  been  declared  to  be  entitled  to  representation  in 
the  Congress  of  the  United  States  of  America. 

Which  was  not  agreed  to — yeas  8,  nays  29,  as 
follows : 

YEAS — Messrs.  Brown,  Conness,  Grimes,  Howard,  Sprague, 
Stewart,  Sumner,  Wade — 8. 

NAYS — Messrs.  Anthony,  Jluckalew,  Carlile,  Collamer, 
Cowan,  Dixori,  Doolittlc,  Farwell,  Foster,  Hale,  Harlan, 
Harris,  Ilerulricks,  Johnson,  Lane  of  Indiana,  Lane  of 
Kans:is,  Morgan,  Morrill,  A'esmilh,  Nye,  Pomeroy,  Powell, 
Ramsey,  Richardson,  Riddle,  Ten  Eyck,  Trumbull,  Willey, 
Wright— W. 

February  25— Mr.  SUMNER  gave  notice  of  his 
intention  to  offer  this  substitute  at  the  proper 
time  : 

That  it  is  the  duty  of  the  United  States,  at  the  earliest 
practicable  moment  consistent  with  the  common  defence 
and  the  general  walfare,  to  re-establish  by  act  of  Congress 
republican  governments  in  those  States  where  loyal  gov 
ernments  have  been  vacated  by  the  existing  rebellion,  and 
thus,  to  the  full  extent  of  thoir  power,  fulfil  the  require 
ment  of  the  Constitution,  that  "  the  United  States  shall 
guarantee  to  every  State  in  this  Union  a  republican  form  of 
government." 

SEC.  '2.  That  this  important  duty  is  imposed  by  the  Con 
stitution  in  express  terms  on  "  the  United  States,"  and  not 
on  individuals  or  classes  of  individuals,  or  on  any  military 
commander  or  executive  officer,  and  cannot  be  intrusted 
to  any  such  persons,  acting,  it  may  bo,  for  an  oligarchical 
class,  and  in  disregard  of  large  numbers  of  loyal  people; 
but  it  must  be  performed  by  the  United  States,  represented 
by  the  President  and  both  Houses  of  Congress,  acting  for 
the  whole  people  thereof. 

SEC.  3.  That,  in  determining  the  extent  of  this  duty,  and 
in  the  absence  of  any  precise  definition  of  the  term  "  repub 
lican  form  of  government,"  we  cannot  err,  if,  when  called  to 
perform  this  guarantee  under  the  Constitution,  we  adopt 
the  self-evident  truths  of  the  Declaration  of  Independence 
afi  an  authoritative  rule,  and  insist  that  in  every  re-estab 


lished  State  the  consent  of  the  governed  shall  be  the  only 
just  foundation  of  government,  and  all  men  shall  be  equal 
before  the  law. 

SEC.  4.  That,  independent  of  the  Declaration  of  Inde 
pendence,  it  is  plain  that  any  duty  imposed  by  the  Consti 
tution  must  be  performed  in  conformity  with  justice  and  rea 
son, and  in  thelightof  existing  facts;  that,  therefore,  in  the 
performance  of  this  guarantee,  there  can  be  no  power  under 
the  Constitution  to  disfranchise  loyal  people,  or  to  recognize 
any  such  disfranchisemont,  especially  when  it  may  hand 
over  the  loyal  majority  to  the  government  of  the  disloya! 
minority;  nor  can  there  be  any  power  under  the  Constitu 
tion  to  discriminate  in  favor  of  the  rebellion  by  admitting 
to  the  electoral  franchise  rebels  who  have  forfeited  all 
rights  and  by  excluding  loyal  persons  who  have  never  for 
feited  any  right. 

SEC.  5.  That  the  United  States,  now  called  at  a  crisis  of 
history  to  perform  this  guarantee,  will  fail  in  duty  under 
the  Constitution,  should  they  allow  the  re-establishment  of 
any  State  without  proper  safeguards  for  the  rights  of  all 
the  citizens,  and  especially  without  making  it  impossible 
for  rebels  now  in  arms  against  the  national  government  to 
trample  upon  the  rights  of  those  who  are  now  fighting  th# 
battles  of  the  Union. 

SEC.  6.  That  the  path  of  justice  is  also  the  path  of  peace, 
and  that  for  the  sake  of  peace  it  is  better  to  obey  the  Con 
stitution,  and,  in  conformity  with  its  requirements  in  th» 
performance  of  the  guarantee,  to  re  establish  State  govern 
ments  on  the  consent  of  the  governed  and  the  equality  of 
all  persons  before  the  law,  to  the  end  that  the  foundations 
thereof  may  be  permanent,  and  that  no  loyal  majorities 
may  be  again  overthrown  or  ruled  by  any  oligarchical 
class. 

SEC.  7.  That  a  government  founded  on  military  power, 
or  having  its  origin  in  military  order*,  cannot  be  a  "  repub 
lican  form  of  government"  according  to  the  requirement 
of  the  Constitution ;  and  that  its  recognition  will  be  con 
trary  not  only  to  the  Constitution,  but  also  to  that  essen 
tial  principal  of  our  government  which,  in  the  language  of 
Jefferson,  establishes  '•  the  supremacy  of  the  civil  over  the 
military  authority." 

SEC.  8.  That  in  the  States  whose  governments  have  been 
already  vacated,  a  government  founded  on  an  oligarchical 
class,  even  if  erroneously  recognized  as  a  '•  republican  form 
of  government"  under  the  guarantee  of  the  Constitution, 
cannot  sustain  itself  securely  without  national  support ; 
that  such  an  oligarchical  government  i*  not  competent  at 
this  moment  to  discharge  the  duties  and  execute  the  powers 
of  a  State;  and  that  its  recognition  as  a  legitimate  govern 
ment  will  tend  to  enfeeble  the  Union,  to  postpone  the  day 
of  reconciliation,  and  to  endanger  tho  national  tranquillity. 

SEC.  9.  That  considerations  of  expediency  are  in  harmony 
with  the  requirements  of  tho  Constitution  and  the  dic 
tates  of  justice  and  reason,  especially  now,  when  colored 
soldiers  have  shown  their  military  value;  that  as  their 
muskets  are  needed  for  the  national  defence  against  rebels 
in  the  field,  so  are  their  ballots  yet  more  needed  against 
the  subtle  enemies  of  tho  Union  at  home ;  and  that  without 
their  support  at  the  ballot-box  Lhe  cause  of  human  righu 
and  of  the  Union  itself  will  be  in  constant  peril. 

February  25— Mr.  SUMNER  offered  this  proviso 
to  be  added  to  the  resolution  : 

Provided,  That  this  shall  not  take  effect  except  upon  the 
fundamental  condition  that  within  the  State  there  shall  be 
no  denial  of  the  electoral  franchise,  or  of  any  other  rights 
on  account  of  color  or  race,  but  all  persons  shall  be  equal 
before  the  law.  And  the  Legislature  of  the  State,  by  a 
solemn  public  act,  shall  declare  the  assent  of  the  State  to 
this  fundamental  condition,  and  shall  transmit  to  the  Pres 
ident  of  the  United  States  an  authentic  copy  of  such  assent 
whenever  the  same  shall  be  adopted,  upon  the  receipt 
whereof  he  shall,  by  proclamation,  announce  the  fact; 
whereupon,  without  any  further  proceedings  on  the  part  of 
Congress,  this  joint  resolution  shall  take  effect. 

Mr.  HENDERSON  moved  to  insert  after  the  word 
"  race,"  the  words  '•  or  sex." 

After  debate,  Mr.  WADE  moved  the  postpone 
ment  of  the  further  consideration  of  the  sub 
ject  until  the  first  Monday  of  December  next ; 
which  was  not  agreed  to — yeas  12,  nays  17,  as 
follows : 

YEAS — Messrs.  Brown,  Buckakw,  Carlilt,  Chandler,  Davit, 
Hendricks,  Howard,  Powell,  Riddle,  Sumner,  Wade,  Wngtd 

NATS— Messrs.  Clark,  Dixon,  Doolittle,  Foot,  Foster,  Har 
lan,  Henderson,  Howe,  Lane  of  Indiana,  Lane  of  Kansas, 
Morgan,  Pomeroy,  Ramsey,  Ton  Eyck,  Trumbull,  Willey, 
Wilson— 17. 

The  remainder  of  the  sitting  was  consumed 


APPENDIX. 


581 


in  formal  motions  to  adjourn,  and  in  debate ; 
and  the  subject  was  not  again  reached  during 
the  session. 

IN  HOUSE  OF  REPRESENTATIVES. 

1864,  December  13 — Mr.  ELIOT  offered  a  joint 
resolution  declaring  that,  the  State  of  Louisiana 
may    resume  its    political   relations   with    the 
Government  of  the  United  States.     Referred  to 
the  Committee  on  the  Judiciary. 

1865,  February    11 — Mr.    DAWES,   from  the 
Committee  on  Elections,  made  this  report: 

The  Committee  of  Election*,  to  whom  were  referred  the  cre 
dentials  of  M.  F.  Bonzano,  claiming  a  seat  in  this  house 
as  a  representative  from  the  first  congressio>ial  district  in 
Louisiana,  submit  the  following  report: 
The  election  upon  which  Mr.  Bonzano  claims  the  seat 

•was  held  on  the  5th  of  September,  1864.    The  number  of 

votes  cast  was — 

For  Mr.  Bonzano 1,609 

For  all  others 1,456 

Total 3,065 

This  election  derives  its  authority  from  the  constitutional 
convention  which  commenced  its  session  in  New  Orleans, 
April  6,  186-1,  which  amended  essentially  and  adopted  anew 
the  constitution  of  Louisiana,  and,  among  other  things, 
did  on  the  22d  of  July,  1864,  divide  the  State  into  five  con 
gressional  districts,  in  accordance  with  the  number  of  rep 
resentatives  assigned  to  that  State  in  the  apportionment 
under  the  census  of  1860,  and  ordered  an  election  to  be 
held  on  the  first  Monday  of  September,  1864,  to  fill  the 
vacancies  caused  by  the  failure  of  the  State  hitherto  to 
elect  representatives  to  the  present  Congress.  As  the  elec 
tion  under  consideration  derives  its  authority  from  this 
•jouvention,  a  recital  of  the  main  facts  connected  with  the 
origin  and  action  of  that  convention  becomes  necessary  to 
a  proper  understanding  of  the  subject. 

From  nearly  the  commencement  of  the  rebellion  till  the 
appearance  of  the  federal  fleet  under  Commodore  Farragut 
before  the  city  of  New  Orleans  in  April,  1862,  tho  State  had 
been  overrun  by  the  rebel  armies,  and  the  governor  had 
traitorously  abandoned  his  duty  and  post,  leaving  the  peo 
ple  without  loyal  government,  and  delivered  over  to  the 
rebellion.  Upon  the  taking  possession  of  New  Orleans  by 
General  Butler  on  the  1st  of  May  following,  he  issued  a 
proclamation,  in  which,  among  other  things,  he  invited 
"  all  persons  well  disposed  towards  the  government  of  the 
United  Statis1'  to  renew  their  oath  of  allegiance,  and 
promised  to  such  the  protection  of  the  armies  of  the  United 
States.  Under  this  proclamation  sixty-one  thousand  three 
hundred  and  eighty-two  (61,382)  citizens  took  the  oath  of 
allegiance  before  the  close  of  tho  following  October.  Sul 
sequently,  as  the  rebel  army  retired  from  other  portions  of 
the  State,  and  the  federal  army  advanced  and  extended  its 
•lines,  the  citizens  of  the  districts  or  parishes  thus  delivered 
from  the  restraint  of  the  rebellion  also  promptly  came  for 
ward  and  renewed  their  allegiance  to  the  government  of  the 
Union.  Soldiers,  white  and  black,  enlisted  into  the  armies 
of  the  Union,  and  in  New  Orleans  many  of  the  citizens 
formed  themselves  into  home-guards,  to  assist  the  federa 
authorities  in  case  of  an  attack  by  tho  rebels. 

As  fast  as  new  parishes  were  brought  into  the  federal 
lines  and  the  people  in  sufficiently  large  numbers  renewed 
their  allegiance,  and  recognized  the  authority  of  the 
United  States,  the  military  governor  of  the  State  appointed 
judges,  justices  of  tho  peace,  clerks  of  courts,  sheriffs,  con 
stables,  and  other  civil  officers,  and  performed  all  the  acts 
which  legally  and  constitutionally  devolve  upon  the  gover 
nor  of  Louisiana.  In  all  of  which  her  loyal  citizens  ac 
quiesced  and  rendered  an  unquestioned  obedience. 

Under  a  proclamation  issued  by  the  then  military  gover 
nor,  November  14,  1862,  an  election  was  held  Decembers, 
1862,  for  representatives  in  the  37th  Congress  from  the  first 
and  second  congressional  districts  of  tho  State,  under  the 
old  apportionment  and  the  law  of  Louisiana  as  it  existed 
before  the  rebellion.  In  the  first,  2,643  votes,  and  in  the 
second  5.117  votes  were  cast  at  this  election.  And  the  gen 
tlemen  claiming  to  have  been  thus  duly  elected  presented 
their  credentials  to  the  last  Congress,  which,  after  direful 
examination  and  full  discussion,  admitted  them  to  seats  as 
members.  The  admission  of  these  representatives  to  seats, 
and  the  opportunity  which  it  gave  to  the  loyal  sentiment 
of  the  State  to  be  heard  and  make  itself  manifest,  had  a 
most  salutary  effect  upon  the  people  of  that  State,  and 
from  that  time  the  desire  for  a  new  State  government  and 
-a  resumption  of  State  functions  rapidly  increased  through- 
cut  all  that  portion  of  the  State  within  our  lines. 

The  major  general  commanding  in  the  department  of  the 


Oulf,  yielding  to  the  pressure  from  all  sides  that  he  would 
give  direction  to  some  practical  end  to  the  effort*  which 
ihis  desire  on  tho  part  of  the  people  was  prompting  to  re 
organize  and  re-establish  their  State  government,  did, 
jnder  the  direction  of  the  President,  issue  on  January  11, 
1864,  a  proclamation  which  is  annexed  to  this  report,  in- 
iting  tho  people  of  Louisiana  to  participate  in  an  election 
on  the  22d  of  February  of  State  officers  under  the  consti 
tution  and  laws  of  the  State,  except  so  far  as  they  related  to 
the  subject  of  slavery,  which  were  declared  to  be  to  that 
xtent  suspended  and  inoperative.  Several  orders  intended 
to  secure  freedom  of  election  and  conformity  as  far  as  pos 
sible  to  the  laws  of  Louisiana  previous  to  the  rebellion  were 
ssued  by  the  general  commanding,  and  tho  evidence  issatis- 
factory  to  the  committee  that  to  the  extent  of  the  federal 
lines  this  election  was  general,  conducted  in  good  order, 
Vee  from  military  or  other  control,  and  largely  participated 
n  by  tho  people. 

It  resulted  in  the  election  of  State  officers  by  a  vote  of 
11,414.  At  this  election  no  person  voted  who  was  not  by 
the  constitution  and  laws  of  Louisiana  a  voter,  except  sol 
diers  and  sailors  in  the  service  of  the  United  States  who 
were  citizens  of  Louisiana  and  in  the  Sfate  at  tho  time  of 
the  election,  to  the  number  of  808.  All  who  voted  took 
the  oath  prescribed  by  the  President  in  his  proclamation  of 
December  8, 1863. 

These  officers  were  installed  on  the  4th  of  March  follow 
ing  at  New  Orleans,  in  presence  and  with  the  acclaim  of  a 
large  concourse  of  people,  estimated  at  50.000.  On  the 
leventh  of  the  same  month  the  commanding  general  is 
sued  another  order,  which  accompanies  this  report,  calling 
for  an  election  of  delegates  to  a  convention  for  the  reviMou 
and  amendment  of  the  constitution  of  tho  State.  The 
governor  by  a  proclamation  joined  in  this  call.  All  par 
ties  were  consulted  in  reference  to  this  election,  and 
differed  only  as  to  the  time  of  holding  it. 

This  convention  commenced  its  sessions  at  New  Orleans, 
April  6,  1864,  and  adjourned  on  the  25th  of  July.  The 
entire  proceedings  and  debates  of  this  body  have  been  laid 
upon  the  tables  of  the  members  of  this  house.  The  most 
important  changes  in  the  constitution  of  the  State  pro 
posed  by  it  were  those  in  relation  to  slavery.  The  follow 
ing  were  adopted  by  it,  aa  the  first  and  second  articles  of 
the  constitution : 

TITLE  I. 

EMANCIPATION. 

ARTICLE  1.  Slavery  and  involuntary  servitude,  except  as 
a  punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  are  hereby  forever  abolished  and  prohibit 
ed  throughout  the  State. 

ARTICLE  2.  The  legislature  shall  make  no  law  recogniz 
ing  the  right  of  property  in  man. 

The  proceedings  of  the  convention  were,  by  proclamation 
of  the  governor,  submitted  to  the  people  for  ratification  or 
rejection  on  September  5, 1S64,  and  were  ratified  without 
material  opposition.  The  whole  number  of  votes  was  over 
9,000. 

This  constitutional  convention,  by  an  ordinance  adopted, 
divided  the  State  into  five  Congressional  districts,  and  di 
rected  elections  for  representatives  to  the  present  Congress 
to  be  held  in  them  on  the  5th  September,  1864.  And  in  ac 
cordance  with  said  ordinance,  the  governor  issued  his  proc 
lamation  directing  elections  to  be  held  in  accordance  with 
it.  In  pursuance  of  this  ordinance  of  tho  convention  and 
proclamation  of  the  governor,  elections  were  held  in  these 
several  districts  for  representatives  in  this  Congress  ;  and 
in  the  first,  M.  F.  Bonzano  received  1,609  votes  out  of  3,065 
cast.  The  governor  gave  him,  accordingly,  a  certificate  of 
his  election,  which  has  been  presented  to  the  House  and 
referred  to  this  committee. 

The  committee  have  heard  Mr.  Bonzano  in  his  own  be 
half,  as  also  Mr.  Field,  who  claims  to  have  been  elected  at 
the  same  time  in  the  second  district,  General  Banks,  and 
others.  The  information  and  arguments  submitted  by  them 
accompany  this  report. 

This  election  depends  for  its  validity  upon  the  effect 
which  the  House  is  disposed  to  give  to  the  efforts  to  reor 
ganize  a  State  government  in  Louisiana,  which  have  here 
been  briefly  recited.  The  districting  of  the  State  for  rep 
resentatives,  and  the  fixing  of  the  time  for  holding  the 
election,  were  the  act  of  tho  convention.  Indeed,  the  elec 
tion  of  Governor  and  other  State  officers,  as  well  as  the  ex 
istence  of  the  convention  itself,  as  well  as  its  acts,  are  all 
parts  of  the  same  movements. 

It  is  objected  to  their  validity,  that  they  neither  origina 
ted  in  nor  followed  any  pre-existing  law  of  the  State  or  na 
tion.  But  the  answer  to  this  objection  lies  in  the  fact  that- 
in  the  nature  of  the  case,  neither  a  law  of  the  State  or  na 
tion  to  meet  the  case  was  a  possibility.  The  State  was  at 
tempting  to  rise  out  of  the  ruin  caused  by  an  armed  over 
throw  of  its  laws.  They  had  been  trampled  in  the  dust; 
and  there  existed  nobody  in  the  State  to  make  an  ena 
bling  act.  Congress  cannot  pass  an  enabling  act  for  a 


582 


APPENDIX. 


State.  It  is  neithe  •  one  of  the  powers  granted  by  the 
saveral  States  to  tJie  geueral  government,  nor  necessary 
to  the  carrying  out  of  any  of  mow  powers;  and  all  '-the 
powers  not  delegated  to  the  United  States  by  the  Constitu 
tion,  n<>r  prohibited  bjr  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  the  people  "  It  is  preposterous  to 
have  expected  at  the  hands  of  the  rebel  authorities  in  Lou 
isiana  that,  previous  to  the  overthrow  of  the  State  govern 
ment,  they  should  prepare  a  legal  form  of  proceeding  for 
its  restoration.  In  the  absence  of  any  such  legal  form  pre 
pared  ?>• 'forehand  in  the  State,  and  like  absence  of  power  on 
the  part  of  the  general  government  under  the  delegated 
powers  of  the  Constitution,  it  follows,  that  the  power  to  re 
store  a  lost  State  government  in  Louisiana  existed  no 
where,  or  in  '•  the  people,"  the  original  source  of  all  politi 
cal  power  in  this  country.  The  people,  in  the  exercise  of 
that  power,  cannot  bo  required  to  conform  to  any  particu 
lar  mode,  Cor  that  presupposes  a  power  to  prescribe  outside 
of  themselves,  which  it  has  been  seen  does  not  exist.  The 
result  must  be  republican;  for  the  people  and  t  lie  States  have 
surrendered  to  the  United  States,  to  that  extent,  the  power 
over  their  form  of  government  in  this,  that  "  the  United 
States  shall  guarantee  to  every  State  a  republican  form  of 
government." 

It  follows,  therefore,  that  if  this  work  of  reorgani/ing 
and  re-establishing  a  State  government  was  the  work  of  the 
people,  it  was  the  legitimate  exercise  of  an  inalienable 
and  inherent  right,  and,  if  republican  in  form,  is  entitled 
not  only  to  recognition  but  to  the  "  guaranty"  of  the  Con 
stitution. 

The  attention  of  the  committee  has  therefore  been  direct 
ed  to  the  inquiry  how  far  this  effort  to  restore  constitu 
tional  government  in  Louisiana  has  been  the  work  of  the 
people.  Those  engaged  in  the  traitorous  attempt  to  des 
troy  the  government  form  no  part  of  that  people  engaged 
in  the  patriotic  effort  to  restore  it.  The  government  is  to 
be  made,  if  at  all,  for  and  by  patriots  and  not  by  traitors. 
In  answering  another  and  essential  question,  whether  a 
government  once  erected  in  that  State  will  be  abk*to  main 
tain  itself  against  domestic  violence,  traitors  must  be 
counted,  but  not  for  their  voice  in  making  the  government 
itself.  As  well  might  the  inmates  of  a  State  prison  be  enu 
merated  and  consulted  upon  determining  the  character  of  si 
code  of  laws  designed  for  their  government. 

The  evidence  before  the  committee,  and  all  the  informa 
tion  they  could  obtain,  satisfied  them  that  the  movement 
which  resulted  in  the  election  of  State  officers,  the  calling 
of  a  convention  to  revise  and  amend  the  constitution,  the 
ratification  of  such  revisal  and  amendment  by  a  popular 
vote,  and  the  subsequent  election  of  representatives  in  Con 
gress,  was  not  on'y  participated  in  by  a  large  majority,  al 
most  a  preaching  to  unanimity,  of  the  loyal  people  of  the 
State,  but  that  that  loyal  people  constituted  a  majority  of 
all  the  people  of  the  State.  Making  proper  allowance  for 
those  who  have  been  driven  out  by  the  rebellion,  have  gone 
into  its  ranks,  or  perished  at  its  hands,  and  also  for  the 
sparsely  settled  and  in  some  parts  barren  character  of  near 
ly  a  1  that  portion  of  the  State  still  outside  of  the  federal 
lines  compared  with  the  populous  and  rich  and  fertile  por 
tions  within,  there  can  be  but  little  d  .ubt  of  the  correct 
ness  of  these  conclusions.  The  committee  refer  to  the  ac 
companying  statements  for  the  extent,  character,  and  pop 
ulation  of  the  portions  of  the  State  within  and  outside  the 
federal  lines. 

The  committee  find  from  all  the  facts  that  this  election 
was  held  under  the  auspices  of  ;i  new  State  organization 
which  has  arisen  upon  the  ruins  of  the  old,  in  as  much  con 
formity  to  law  as  the  nature  of  the  case  would  permit — in 
which  the  loyal  people  throughout  the  State  acquiesce — 
and  at  this  moment  in  the  full  discharge  of  all  the  functions 
of  a  State  government.  They  entertain  no  doubt  of  the 
ability  of  this  government  to  maintain  itself  against  domes 
tic  violence  if  protected  from  enemies  without.  About 
forty  thousand  loyal  Louisianians,  white  and  black,  are  now 
in  the  armies  of  the  Union,  a  force  amply  sufficient  to  over 
awe  any  lurking  discontent,  or  punish  any  open  resistance 
within  its  borders.  Tha  committee  cannot  doubt  that  it  is 
the  duty  of  Congress  to  encourage  this  effort  to  restore  law 
and  order  in  Louisiana.  The  precedents  are  many  since  the 
rebellion  commenced,  of  the  admission  of  members  where 
greater  irregularities  existed  than  in  the  present  case.  In 
the  Louisiana  case,  in  the  last  House,  the  committee  li!ild 
the  following  language,  which  was  sustained  by  a  very  large 
vote  in  the  House: 

"  Representation  is  one  of  the  very  essentials  of  a  repub 
lican  form  of  government,  and  no  one  doubts  that  the  Uni 
ted  St.ites  cannot  fulfil  this  obligation  without  guaranteeing 
that  n  presentation  here.  It  was  in  fulfilment  of  this  obliga 
tion  that  the  army  of  the  Union  entered  New  Orleans,  drove 
out  the  rebel  usurpation,  and  restored  to  the  discharge  of 
its  appropriate  functions  the  civil  authority  there.  Its 
work  is  not  ended  till  there  is  representation  here.  It  can 
not,  secure  that  representation  through  the  aid  of  a  rebel 
governor.  Hence  the  necessity  for  a  military  governor  to 


discharge  such  functions,  both  military  and  civil,  which 
necessity  imposes  in  the  interim  between  the  absolute  reign 
of  rebellion  and  the  complete  restoration  of  law.  Suppose 
Governor  Moore  to  be  the  only  traitor  in  Louisiana:  one  of 
two  things  must  take  place.  The  people  must  remain  un 
represented,  or  some  one  must  assume  to  fix  a  tiuiy  to  hoid 
these  elections.  Which  alternative  approaches  nearest  to- 
republicanism,  nearest  to  the  fulfilment  of  our  obligation* 
to  guarantee  a  republican  form  of  government  to  that 
people — closing  the  door  of  representation,  or  recognizing 
as  valid  the  time  fixed  by  the  military  governor  ?  Arc  this 
people  to  wait  for  representation  here  till  their  rebel  gov 
ernor  returns  to  his  loyalty  and  appoints  a  day  for  an  e  ec- 
tion,  or  is  thu  government  to  guarantee  that  representa 
tion  as  best  it  may?  The  committee  cannot  distinguish 
between  this  act  of  the  military  governor  and  the  many 
civil  functions  he  is  performing  every  day,  acquiesced  in  b'v 
everybody.  To  pronounce  this  illegal  and  refuse  to  recog 
nize  it,  is  to  pronounce  his  whole  administration  void  and 
a  usurpation.  But  necessity  put  him  there  and  keeps  him 
there." 

In  another  case,  that  of  Andrew  J.  Clements,  of  Tennes 
see,  the  committee  of  the  last  House,  sifter  a  careful  exami 
nation  of  the  whole  subject,  submitted  a  resolution,  which 
was  unanimously  adopted  by  the  House,  in  favor  of  his- 
right  to  the  seat  he  claimed,  based  upon  the  following  con 
clusion  : 

"  In  conclusion,  the  committee,  upon  the  whole  evidence, 
find  that  on  the  day  of  election  no  armed  force  prevented 
iiny  considerable  number  of  voters  in  siny  part  of  the  dis 
trict  from  going  to  the  polls,  and  that  on  that  day,  in  con 
formity  with  the  forms  of  law,  two  thousand  votes  at  least 
were  cast  for  the  memorialist  as  a  icpresentative  to  thi& 
Congress,  and  none,  so  far  sis  the  committee  know,  for  any 
other  person.  They  therefore  report  the  following  resolu 
tion,  and  recommend  its  adoption." 

The  committee  of  the  present  House  have  had  occasion: 
repeatedly  to  state  the  same  positions  in  coming  to  conclu 
sions  upon  similar  cases,  in  which  they  have  been  sustained 
by  the  House.  They  are  strengthened  in  these  conclusions 
upon  a  re-examination  of  them  in  the  present  case,  and 
they  therefore  submit  the  following  resolution  : 

Resolved,  That  M.  F.  Bonzano  is  entitled  to  a  seat  in- 
this  House  as  a  representative  from  the  first  congressional 
district  in  Louisiana. 

Messrs.  SMITHERS  and  UPSON  presented  this 
minority  report  : 

The  undersigned,  minority  of  the  Committee  of  Election*,  to 
ivhich  was  referred  a  certain  paper,  purporting  to  be  ttie 
credentials  of  M.  F.  Bonzano  as  representative  from  the 
first  congressional  district  of  the  State  of  Louisiana,  bey 
leave  to  submit  the  following  views,  dissenting  from  the 
report  of  the  said  committee  as  presented  by  the  majority 
tliereff: 

Before  proceeding  to  consider  the  facts  presented  by  the 
mesigre  and  unsatisfactory  testimony  produced  before  them,, 
the  undersigned  deem  it  proper  to  suggest,  briefly,  their 
views  of  the  condition  of  Louisiana,  the  true  issue  proposed 
for  the  consideration  of  this  House,  and  the  nature  and 
amount  of  proof  requisite)  to  its  proper  determination. 

The  people  of  Louisiana,  acting  through  their  regularly 
constituted  authorities,  on  the  llth  day  of  December,  I860, 
ordered  a  convention  sind  appointed  the  23d  day  of  January, 
1861,  for  its  assemblage.  Pursuant  to  the  act  of  the  legis 
lature  an  election  for  delegates  was  held  and  the  conven 
tion  met  on  the  day  fixed.  On  the  25th  of  the  same  month 
an  ordinance  of  secession  was  adopted  by  a  vote  of  113  yeas 
to  17  nays,  which,  by  authority  of  the  convention,  was  sub 
mitted  for  ratification  and  subsequently  ratified  by  a  vote 
of  20,448  to  17,296,*  and  afterward,  on  the  21st  day  of  March, 
the  same  convention  ratified  the  confedersite  constitution 
by  a  vote  of  101  to  7. 

In  these  proceedings,  not  only  the  regular  authorities, 
but  the  people  of  Louisiana  participated.  In  pursuance  of 
the  resolution  of  the  people  of  that  State  acting  through 
approved  and  organized  bodies,  the  whole  public  property 
of  the  United  States,  including  great  treasure  and  vast 
quantities  of  munitions  of  war,  was  seized  by  public  • 
functionaries  and  transferred  to  the  political  organization 
styling  itself  "  the  Confederate  States  of  America." 

By  t  fficial  acts  and  resolutions  the  authorities  of  Louisi 
ana,  acting  by  force  of  the  powers  with  which  they  were- 
invested  by  the  positive  sanction  of  the  people,  declared 
the  bo'bds  which  had  theretofore  attached  that  people  to 
the  Government  of  the  United  States  to  be  disrupted  and 
their  allegiance  to  be  transferred  to  another  sovereignty. 
The  government  created  by  them  went  into  existence  and 


*  This  erroneous  statement  was  taken  from  the  first 
edition  of  this  work.  Seo  page  4  of  this  volume,  and  rhe 
votes  given  at  the  close  of  this  chsipter. 


APPENDIX. 


58S 


full  operation,  and  there  was  no  other  government  in  the 
State  of  Lonisi:-.n<i  nor  any  other  organized  body  assuming 
or  pretending  to  exercise  civil  functions,  executive,  legisla 
tive,  or  judicial.  Tims  was  established  a  government  tie 
facto. 

The  operation  of  this  act  was  very  different  as  affecting 
the  people  and  Government  of  the  United  States  and  the 
people  and  government  of  Louisiana.  So  far  as  the  United 
States  was  concerned,  and  so  far  as  her  rights  were  to  be 
affected,  the  act  was  wholly  unconstitutional  and  void.  It 
changed  no  relation  of  citizenship  or  allegiance,  and  her 
rights  of  jurisdiction  and  sovereignty  remained  unimpaired, 
only  suspended  in  their  exercise  by'tho  presence  of  a  mili 
tary  power  which  prevented  the  operation  of  civil  sover 
eignty  and  the  enforcement  of  the  laws  through  the 
civil  magistracy.  The  necessity  for  the  assertion  of  these 
rights  by  the  suppression  of  armed  resistance  to  her  au 
thority  required  a  resort  to  force,  and  a  manifestation  of 
opposition  by  organized  rebellion  developed  a  condition  of 
civil  war.  which  to  the  ordinary  incidents  of  sovereignty 
superad;lcd  the  rights  of  a  belligerent  power.  Thus  the 
State  of  Louisiana  became  subject  to  the  laws  of  war,  and, 
rebellion  in  that  Stato  being  yet  unsuppressed,  there  has 
hitherto  been  no  government  there  recognized  by  the 
United  States,  except  the  commander-in-chief  of  the  army, 
and  no  law  except  the  military  code. 

Though  thus  inoperative  and  ineffectual  against  the  gov 
ernment  ami  people  of  the  Union,  the  acts  of  the  people  of 
Louisiana  were  sufficient  to  work  a  radical  change  in  their 
relations  to  lh<  ir  former  State  government.  By  their  rev 
olutionary  but  voluntary  actions  they  disorganized  their 
own  political  society,  abrogated  their  former  political  in 
stitutions,  and  erected  in  their  stead  a  government  operated 
by  a  magistracy  acknowledging  no  allegiance  to  our  Con 
stitution,  but  holding  and  administering  their  offices  in 
derogation  of  and  in  hostility  to  the  authority  and  laws  of 
the  United  States. 

By  these  disorganizing  acts  the  sovereign  power  of  Loui 
siana  reverted  to  the  loyal  people  of  that  State,  and  was  held 
in  abeyance  until  such  time  as  by  the  suppression  of  the 
rebellion  and  the  overthrow  of  the  usurping  authority  they 
should  bo  rendered  capable  to  resume  the  functions  of  gov 
ernment  through  the  organic  action  of  the  people,  mani 
festing  their  will  by  their  voluntary  choice  of  a  government 
republican  in  form,  and  subordinate  to  the  Constitution  and 
laws  of  the  United  States. 

Whether  this  has  been  accomplished  is  the  primary  ques 
tion  to  be  determined,  for  until  there  is  an  organized  State, 
there  is  no  right  or  capacity  to  be  represented  in  the  Con 
gress  of  the  United  States. 

In  the  determination  of  this  question  the  burden  of  proof 
Is  on  those  who  seek  for  admission,  or  claim  any  benefit 
under  or  by  force  of  the  establishment  of  such  pretended 
government.  It  is  matter  of  public  history,  recognized 
and  certified  by  the  official  acts  and  declarations  of  this 
government,  that  the  inhabitants  of  the,  State  of  Louisiana 
were  in  insurrection  against  the  United  States,  and  that 
such  condition  still  remains  wholly  unchanged  or  unaf 
fected  by  any  rescission  or  modification  thereof. 

Has  evidence  bee.i  presented  which  authorizes  this  house 
to  declare  that  the  people  of  Louisiana,  by  any  proper  mode 
of  expression,  have  changed  the  status  in  which  they  were 
placed  Ity  their  own  acts  and  established  a  republican  gov 
ernment  ?  Such  only  is  the  form  contemplated  by  the  Con 
stitution;  such  only  has  any  title  to  representation  on  this 
floor;  such  only  is  the  United  States  bound  to  guarantee 
or  authorized  to  recognize. 

The  indispensable  quality  of  such  government  is  that  it 
shall  emanate  from  the  people,  and  not  only  must  it  be 
derived  from  the  great  body, but  their  agency  in  itsorgan- 
ization  must  have  been  voluntary.  The  idea  of  restraint 
is  incompatible  with  volition.  The  government  must  not 
only  rest  on  the  consent  of  the  governed,  but  that  consent 
must  not  be  procured  by  force  or  intimidation. 

It  is  not  sufficient  that  the  result  may  show  that  a  gov 
ernment  apparently  republican  has  been  created,  but  the 
creation  must  be  the  exercise  of  a  will  unaffected  by  the 
presence  of  an  overawing  power. 

The  erection  of  a  State  government  is  a  purely  civil  act 
It  has  no  affinity  or  connection  with  martial  law.  The  civil 
power  is  alone  capable  to  distinguish  or  declare  the  fact  ol 
its  establishment  or  the  essential  conditions  of  its  exist 
ence.  The  Congress  of  the  United  States  is  the  only  bodj 
having  authority,  primarily,  to  recognize  the  government 
<»f  a  State.  Neither  the  Executive  nor  any  subordinat 
military  commander  has  capacity  to  incept  or  consummate 
its  creation.  The  undersigned  do  not  insist  that  an  act  o; 
Congress  is  necessary  as  a  prerequisite  to  enable  the  peoph 
of  Louisiana  to  form  a  government,  but  the  judgment  o: 
Congress  must  be  passed  on  the  result  of  the  action  of  th< 
people,  in  the  recognition  of  their  act,  before  representa 
tives  can  be  entitled  to  admission  on  this  floor.  This  house 
must  be  satisfied  that  their  constitution  is  ordained  in  ac 


ordance  with  their  deliberate  and  unforced  will,  before  if 
t  can  lend  its  sanction  to  the  act  or  recognize  its  validity. 
'\vo  questions,  therefore,  are  presented  for  consideration. 

1.  Did  the  great  body  of  the  loyal  people  of  Louisiana,  ii** 
act,  participate  or  clearly  concur  in  the  establishment  of 
he  government  offered  for  recognition? 

2.  Was  their  act  the  result  of  their  deliberate  will  and 
'oluntary  choice,  unprocurcd  by  military  interference? 

If  both  these  questions  are  affirmatively  answered,  then 
he  State  government  set  up  by  the  convention  of  18f4  i< 
•ntitled  to  be  recognized;  if  either  is  negatived,  then  then- 
;an  be  no  pretencoof  right,  to  such  recognition,  or  to  the  ad- 
nission  of  representatives  from  the  Stato  of  Louisiana. 

In  considering  these  questions,  it  is  matter  of  regret  thar 
he  testimony  before  the  committee  was  so  limited,  being 
confined  to  the  statements  of  Major  General  Banks  and  A 
?.  Field,  and  the  evidence  of  R.  V.  Montague  and  Luther 
V.  Parker,  all  produced  by  and  in  support  of  the  right  of 
he  claimants. 

No  ono  appeared  to  contest  the  recognition  of  the  Stat" 
government,  or  to  dispute  the  validity  of  the  credentials  of 
he  proposed  members;.  The  committee  had,  therefore,  no 
opportunity  to  examine  witnesses  adverse  to  them,  al 
though  it  is  well  understood  that  there  are  many  who  dis 
sent  from  the  action  pretended  to  have  been  had  in  Loui- 
iaua,  and  we  are  compelled  to  decide  this  grave  matter 
upon  the  ex  parte  declarations  of  persons  interested  in,  or 
manifestly  stronglyaffected  toward,  the  recognition  of  the 
government  inaugurated  by  the  convention.  With  circum 
stances  so  unfavorable  to  a  proper  exhibition  of  the  facts 
attending  its  organization,  the  undersigned  proceed  to  con 
sider  the  two  material  questions  proposed  : 

1.  Did  the  great  body  of  the  loyal  people  of  Louisiana  con- 
concur  in  the  establishment  of  the  State  government  de 
manding  our  recognition? 

There  are  forty-eight  parishes  in  the  State  of  Louisiana, 
including  the  city  of  New  Orleans.  Of  these,  nineteen,  to 
wit:  Orleans,  Ascension,  Assumption,  Avoyelles,  East  Ba 
ton  Rouge,  VVest  Baton  Rouge,  Concordia,  East  Felician;i, 
Jefferson,  Lafourche,  Madison,  Plaqueimnes,  St.  Bernard, 
St.  James.  St.  John  the  Baptist,  St.  Mary,  Terrebonne, 
Iberville,  and  Rapides,  sent  delegates  by  a  total  vote  «>f 
about  6,500,  leaving  the  residue  of  the  State,  or  twenty- 
nine  parishes,  unrepresented;  and  at  the  election  for  the 
ratification  of  the  constitution,  held  on  the-  oth  of  Sep 
tember,  1864,  being  also  the  day  on  which  representatives  to 
Congress  were  voted  for,  the  number  polled,  as  returned  to 
the  committee,  was  about  8.000,  of  which  some  b',50J  were 
cast  in  the  city  of  New  Orleans  alone,  the  votes  in  the 
fourth  and  fifth  congressional  districts  amounting,  in  the 
aggregate,  to  676. 

This  convention  was  composed  of  ninety-five  delegates, 
of  which  number  the  parish  of  Orleans  was  represented  by 
sixty-three,  leaving  to  the  country  parishes  the  residue  of 
thirty-two.  The  undersigned  have  no  definite  information 
of  the  number  of  votes  polled  in  each  parish,  either  at  th;f 
election  of  delegates,or  on  the  question  of  ratification,  nor 
the  number  cast  for  the  constitution,  nor,  if  any,  against 
it,  but  they  are  enabled  to  furnish  some  indication  of  the 
vote  outside  of  New  Orleans  by  the  sparse  returns  whiclt 
they  gather  from  the  journal  of  the  convention. 

It  appears  that  the  parish  of  Ascension,  within  our  lines 
and  neighboring  to  New  Orleans,  and  which  in  1S60  had  a 
white  population  of  3,940,  elected  her  delegates  by  <  1 
votes;  that  Plaquemines,  with  a  white  population  in  18GO 
of  2,529,  cast  246;  and  in  the  parish  of  Madison,  the  wit 
ness  Montague  was  elected  by  a  vote  of  28. 

It  is  admitted  that  elections  were  held  only  in  the  par 
ishes  included  within  our  lines,  and  that  these  lines  were 
the  Teche  on  the  one  side  and  the  Amite  on  the  other, 
comprehending  the  parish  or  city  of  Orleans,  and  the 
neighboring  parishes  on  the  Mississippi.  To  a  question 
propounded  to  General  Banks  as  to  what  portion  of  tlvo 
State  voted,  his  reply  was : 

"  All  as  far  up  as  Point  Coupee,  and  there  were  some 
men  from  the  Red  river  who  voted  at  Vidalia." 

And  in  his  statement  he  announces  that — 

"  The  city  of  New  Orleans  is  really  the  State  of  Loui 
siana." 

In  1SCO  there  were  357,629  whites  in  the  State,  of 
whom  149,063.  or  much  less  than  one-half,  were  in  New 
Orleans,  so  that  in  no  legitimate  sense  can  it  be  said  that 
it  constitutes  the  State.  It  is  incredible  that  there  are  r;ot 
many  loyal  men,  the  test  of  loyalty  being  the  willingness 
to  take  an  oath  of  allegiance,  who  were  entitled  to  suffrage. 
upon  the  question  of  the  formation  of  their  government, 
but  who,  from  the  control  of  the  public  enemy,  had  no  op 
portunity  to  vote.  But  assume  the  statement  to  be  true, 
it  is  in  evidence  that  there  are  not  less  than  10,000  regis 
tered  and  qualified  voters  in  the  city  of  New  Orleans  alon.> 
who  have  taken  the  oath  prescribed  by  the  proclamation 
of  the  President,  and  the  vote  cast  at  the  ratification  and 
the  election  for  members  of  Cosgress  demonstrates  that 


5S4 


APPENDIX. 


not  more  than  one-half  the  number  of  those  entitled  to 
vote;  in  that  city  voted  at  that  election,  to  say  nothing  of 
the  residue  of  the  State. 

In  the  suggestions  presented  by  General  Banks  to  the 
Judiciary  Committee  of  the  Senate,  he  attempts  to  account 
for  I  lie  meagre  vote  by  the  operation  of  three  causes : 

"  ist.  By  the  fact  that  no  opposition  to  the  constitution 
W;IK  manifeste'l  in  public  or  private,  and  no  special  effort  on 
tho  part  of  its  friends  was  required  to  secure  its  adoption. 

'  2d.  Th-.it  tho  fact  that  much  uncertainty  existed  as 
to  the  probable  ratification  of  the  form  of  government 
by  l  he  Congress  of  the  United  States,  deterred  many  per 
sons  from  supporting  it  who  would  gladly  have  done  so  had 
they  known  it  to  be  in  accordance  with  the  wishes  of  the 
government:  and, 

'•:;d.  From  the  belief  that  it  was  possible  that  the  rebel 
authority  in  this  State  might  hereafter  be  established, 
when  persons  participating  in  the  reorganization  would 
Buffer  in  consequence  of  that  act. 

'•  These  laat  considerations  affected  many  perfectly  well 
disposed  and  naturally  loyal  but  timid  persons. 

"  Had  a  contest  upon  the  constitution  been  made  by  the 
opponents  of  emancipation,  and  had  it  been  generally  un- 
dci.,tood  that  the  authority  for  organization  would  have 
been  approved  by  the  government  of  the  United  States,  the 
vote  in  this  election  would  not  have  been  less  than  15,UOO." 

A  j  to  tho  cause  first  assigned,  without  intimating  that 
Geue.ralBanksdoes  not  speak  according  to  his  belief,  in  view 
of  l  he  testimony  of  Messrs.  Field  and  Parker,  who  were 
doubtless  better  informed,  tho  undersigned  must  be  per- 
miitcd  to  doubt  the  accuracy  or  extent  of  his  knowledge; 
for  it  is  unquestionable  that  there  was  much  private  if  not 
pu'ilic  hostility  to  its  ratification. 

The  other  causes  alleged  are  very  striking,  as  demonstrat- 
in  j  riot  the  concurrence  of  the  people,  but  exactly  the  re- 
verso,  and  indicating  a  settled  purpose  not  to  havoanything 
to  do  with  the  election.  They  found  very  sufficient  grounds 
for  not  participating,  and  the  undersigned  suggest  that  they 
arc-  fatal  to  the  reasoning  of  General  Banks. 

?Ir.  Field  felt  tho  force  of  the  objection  on  that  point 
and  endeavored  to  avoid  it.  In  accounting  for  the  paucity 
of  Ihe  rote,  he  says: 

•'  It  may  be  asked,  and  with  some  propriety  too,  why  did 
we  not  poll  a  larger  vote?  That  was  beyond  our  control. 
Yo'i  see,  the  party  representing  the  McClellan  interest  re- 
t'us  -d  to  vote.  They  would  have  no  participation  in  the 
election.  The  party  representing  the  interest  of  Mr.  Dur- 
ant  would  not  vote  for  what  they  called  a  bogus  govern 
ment.  Wo  could  not  force  them  to  vote.  They  were 
qu  lifted,  for  they  had  taken  the  oath  of  allegiance." 

Luther  V.  Parker,  also,  speaking  in  relation  to  the  can 
vass,  gives  his  experience  and  the  result  of  his  observation: 

•:  The  election  was  as  fully  canvassed  as  any,  and  those 
who  wanted  to  speak  and  oppose  the  adoption  of  the  con- 
Htinition,  spoke  as  freely  as  they  would  at  any  other  time 
or  jila  o.  I  was  one  of  the  speakers  at  the  election  for 
members  of  Congro.-s,  and  I  know  the  contest  was  a  sharp 
on*'.  There  were  all  the  elements  of  opposition  brought 
to  bear  that  could  be  and  in  every  shape  and  form.  The 
only  thing  that  wo  had  trouble  with  was,  that  there  were 
oi-.rtain  parties  there  who  would  not  vote  either  one  way  or 
tho  other. 

"Question.  By  Mr.  D  iwes      Why? 

'•  Answer.  They  would  not  givo  any  reason  why. 


'•Question.  Were  they  parties  professing  to  be  loyal? 

'•' Answer.  Thirties  reputed  to  be  loyal,  and  we  had  no 
reason  to  believe  thorn  to  be  disloyal. 

•  Question.  By  Mr.  Smithers.  What  proportion  of  such 
jneu  was  there? 

"  Answer.  I  cannot  tell. 

"  Question.  Was  the  number  large  or  small  ? 

••  Answer.  Pretty  large. 

"Question.  By  Mr. Dawes.  Who  represented  those  men 
wlio  declined  to  participate  in  tho  election? 

"  Answer.  I  understood  Durant  and  Fellows,  and  a  few 
Bucii  men. ' 

It  is  true  that  General  Banks,  in  his  statement,  says,  in 
reply  to  the  question  as  to  what  portion  of  the  loyal  people 
ol  Louisiana-  are  represented  by  the  views  which  Mr.  Dur- 
aut  entertains: 

"  There  are  not  enough  to  appear  at  the  polls.  It  is  a 
pa:  ty  of  chieftains  without  an  army." 

I!ut  it  is  manifest  that  those  who  are  better  acquainted 
with  the  facts  place  a  higher  estimate  on  their  numerical 
eti  '-ngth,  wince  they  allege  their  defection  as  one  of  the 
chief  reasons  for  the  sniallness  of  the  vote. 

i  .'eneral  Banks,  in  his  statement  to  the  Senate  Committee, 
estimates  the  number  of  registered  voters  within  the  Union 
lines  at  from  15,000  to  18,000;  so  that  not  more  than  one- 
hu'f  participated  in  the  erection  of  the  new  government, 
even  of  those  within  the  lines  actually  held  by  the  army, 
to  ;.ay  nothing  of  those  who  lived  in  all  the  State  of  Loui 
siana  lying  without  our  occupancy,  and  tbis,  too,  upon  the 


I  supposition  that  every  yote  that  was  cast  was  in  favor  of 
rat  ill  -,-ition. 

But  it  is  argued  that  having  an  opportunity  to  vote, 
their  refusal  to  avail  themselves  of  the  privilege  was  the 
fault  of  the  recusants,  and  that  they  are  bound  by  the  acto 
of  those  who  exercise  tho  power  of  suffrage. 

From  this  proposition  the  undersigned  wholly  dissent. 
Whatever  force  the  suggestion  might  have  in  the  case  of 
the  choice  of  representatives  or  other  officers  chosen  at  an 
election  established  by  and  held  in  conformity  with  an  ex 
isting  law  prescribing  such  election,  they  are  unable  to 
perceive  its  application  to  the  creation  of  a  government 
and  tho  adoption  of  a  constitution  emanating  and  deriving 
its  sanction  from  the  original  action  of  the  people,  much 
less  to  an  election  ordered  by  the  military  power  without 
warrant  of  law.  On  the  contrary,  it  was.  in  their  judg 
ment,  requ  site  to  the  establishment  of  such  government 
that  it  should  have  received  the  support  and  sanction  of  a 
majority  of  tho  loyal  people  of  Louisiana. 

In  his  statement  to  the  committee,  General  Banks  directs 
attention  to  the  topography  of  the  State  of  Louisiana,  for 
the  purpose  of  establishing  the  fact  that  the  lands  capable 
of  production  are  along  the  river  banks,  and  that  the  larger 
portion  of  arable  and  therefore  inhabited  lands  are  within 
tho  Union  lines,  suggesting  thereby  the  presence  of  popu 
lation. 

Unless  he  intended  this  inference,  it  is  difficult  to  dis 
cover  the  pertinency  of  the  allusion  or  the  value  of  his  ob 
servations  in  this  behalf.  In  this  suggestion  he  has  been 
even  more  unfortunate  than  in  relation  to  the  number  of 
votes. 

By  computation  from  the  photographed  map  furnished 
to  the  committee,  it  appears  that  within  the  lines  nomi 
nally  held  by  the  Union  arms,  there  are  982,714  acres  of  im 
proved  lands,  while  in  the  parishes  wholly  outside,  and  over 
which  there  is  no  pretence  of  control,  there  are  1,574,007 
acres.  This  result  is  produced  upon  a  calculation  most 
favorable  to  the  claimants,  since  it  embraces  parishes,  such 
as  Rapides, Concordia,  Avoyelles,  and  St.  Martin's,  which, 
while  nominally  within  our  lines  of  control,  are  really 
abandoned.  From  this  computation  the  parishes  of  Bien- 
ville  without  and  Assumption  and  St.  Bernard  within  our 
lines  are  excluded,  no  data  concerning  them  being  fur 
nished  by  the  map. 

Without  pursuing  this  branch  of  the  investigation  fur 
ther,  the  undersigned  suggest  that  the  first  question  ishould 
be  negatively  answered,  and  that,  in  view  of  the  facts,  it 
may  be  truly  averred  that  the  people  of  Louisiana  did  not 
participate  or  concur  in  the  establishment  of  the  govern 
ment  presented  for  recognition. 

The  second  question  is  whether  the  government  pre 
tended  to  be  formed  was  the  result  of  the  voluntary  act  of 
tho  people  of  Louisiana,  unprocured  by  military  interfer 
ence. 

This  will  be  best  answered  by  the  history  of  its  estab 
lishment,  by  the  views  of  its  authors,  and  its  actual  capa 
bility  to  effect  the  purposes  for  which  civil  governments 
are  created. 

It  is  testified  by  Major  General  Banks,  and  admitted,  that 
the  duty  of  organizing  a  Government  in  the  State  of  Lou 
isiana  was  committed  by  the  President  to  General  Shopley, 
then  military  governor  of  New  Orleans,  and  to  Thomas  J 
Durant,  an  eminent  citizen  of  that  city  ;  that,  in  pursuance 
of  the  power  thus  vested  in  them,  they  proceeded  to  some 
extent  in  the  enrollment  of  voters  and  in  developing  senti 
ments  of  loyalty  among  the  inhabitants.  The  work  of  re 
organization  not  proceeding  with  sufficient  rapidity  to  sat 
isfy  the  Executive,  in  December,  1863,  General  Banks 
received  a  letter  from  that  functionary,  expressing  his  dis 
appointment  at  the  development  of  loyal  feeling,  and 
calling  upon  him  to  communicate  the  reason.  To  this  let 
ter  General  Banks  replied  that  he  could  not  explain  the 
cause,  but  that  if  the  President  desired  an  enrollment  of  the 
loyal  people,  or  a  government  organized,  it  could  be  done, 
and  if  the  Executive  would  give  him  directions  he  would 
do  it  immediately.  In  answer  to  this  proffer  authority  was 
conferred  upon  him  to  take  such  measures  as  he  thought 
necessary  to  organize  a  loyal  free  State  government  by  the 
people  of  Louisiana,  without  other  suggestion  or  limita 
tion. 

The  authority  committed  to  the  former  agents  of  th« 
President  was  revoked,  and  the  trust  was  broadly  and  un 
restrictedly  confided  to  the  major  general  commanding  the 
department  of  the  Gulf,  the  military  representative  of  the 
commander-in-chief,  ruling  with  absolute  authority  over  tha 
State  to  be  re  organized,  and  of  which  State  he  declared 
that  "  the  fundamental  law  was  martial  law."  In  pursiv 
anco  of  the  authority,  in  execution  of  the  trust,  and  in 
assurance  of  a  complete  redemption  of  the  pledge  made  to 
tho  President,  General  Banks,  on  the  llth  of  January, 
1864,  issued  an  order  for  the  election  of  State  officers  and 
indicated  the  22d  of  February  as  the  day  of  election,  and 
subsequently,  in  consummation  of  the  object  with  which 


APPENDIX. 


585 


he  was  charged,  issued  another  order  to  which  the  under 
signed  call  attention.  In  that  order  the  following  lan 
guage  is  used : 

"Those  who  have  exercised  or  are  entitled  to  the  rights 
of  citi/.ens  of  the  United  States  will  be  required  to  partici 
pate  in  the  measures  necessary  for  the  re-establishment  of 
civil  government."  "It  is  therefore  a  solemn  duty  resting 
upon  all  persons  to  assist  in  the  earliest  possible  restoration 
of  civil  government.  Let  them  participate  in  tho  measures 
suggested  for  this  purpose.  Opinion  is  free  and  candidates 
are  numerous.  Open  hostility  cannot  bo  permitted — indif 
ference  will  be  treated  as  crime  and  faction  as  treason." 

The  undersigned  regret  that  they  have  not  a  copy  of  the 
official  order,  but  they  have  no  doubt  of  the  correctness  of 
the  quotation,  as  it  is  fully  confirmed  by  the  statement  of 
Major  General  Banks  before  the  committee.  He  thus 
.speaks  in  relation  to  the  election,  and  the  orders  issued  by 
him  relative  thereto: 

••  1  appealed  very  strongly  to  the  people  to  take  a  part  in 
the  election.  I  thought  it  was  necessary,  and  I  said  what 
I  thought  was  right — that  the  loyal  citizen  who  refused  to 
take  any  part  in  the  measures  necessary  for  re-estab 
lishing  the  authority  of  the  Government  of  the  United 
States,  or  in  its  political  institutions,  could  not  be  consid 
ered  loyal,  and  had  not  an  absolute  claim  to  remain  there. 
But  it  was  never  said  to  any  man,  '  You  must  vote;,'  'You 
shall  vote ;  if  you  do  not  you  shall  be  sent  away.'  That 
idea  never  was  enforced." 

Let  it  be  remembered  that  the  question  was  not  con 
cerning  the  enforcement  of  obedience  to  the  laws  of  the 
United  States,  it  was  not  concerning  the  repression  of  hos 
tility  against  its  authority,  but  concerning  the  re-organiza 
tion  of  their  Stsite  government  and  tho  election  of  their 
municipal  officers,  which  they  had  tho  absolute  right  to  de 
termine,  and  to  which  freedom  of  opinion  and  action  was 
essential. 

Let  it  also  be  remembered  that,  in  his  letter  to  the  Pres 
ident,  General  Banks  had  declared  that  he  could  and  prom 
ised  that  he  would  re-organize  a  State  government  in  Lou 
isiana;  and  that  the  purpose  being  so  declared,  the  agent 
to  effect  it  wad  the  military  commander,  vested  with  com 
plete  control  over  the  lives  and  fortunes  of  the  voter,  ai,d 
holding  in  his  hands  the  terrible  enginery  of  martial  law. 

In  view  of  these  facts,  it  appears  to  tlie  undersigned  to 
be  the  veriest  sophistry  to  declare  that  ''  it  was  never  said 
to  any  man,  '  You  must  vote.' " 

The  order  finds  its  counterpart  in  the  letter  of  Mason 
to  the  Virginia  electors,  with  the  additional  incentive  to 
Obedience  that  the  major  general  had  at  his  command  all 
the  machinery  of  military  commissions,  provost  marshals, 
and  files  of  bayonets,  to  enable  him  to  carry  his  threat  of 
banishment  into  speedy  and  unappealable  execution. 

It  is  no  answer  that  he  did  not  do  it — it  is  no  palliation 
that  he  did  not  mean  to  do  it — the  threat  was  clear  and  un 
equivocal,  the  power  to  enforce  it  was  present,  and  no  man 
but  the  major  general  himself  could  venture  to  determine 
that  ho  would  not  execute  it.  The  invitation  was  irre 
sistible;  the  effect,  invincible:  people  voted;  Halm  was 
declared  elected,  and  the  promise  of  the  major  general 
thus  far  redeemed. 

Immediately  following  the  gubernatorial  election,  an  or 
der  issued  from  the  same  inexorable  authority,  command 
ing  tho  choice  of  delegates  to  a  convention,  appointing  the 
day  of  election  and  the  time  and  place  of  its  assemblage. 
In  pursuance  of  this  command,  delegates  were  chosen,  and 
the  first  paragraph  of  the  record  of  the  debates  indicates 
their  judgment  as  to  the  source  of  their  power.  This  jour 
nal  commences  by  the  statement: 

"This  day  being  fixed  by  the  general  order  of  Major 
General  Nathaniel  P.  Banks,  commanding  the  United  States 
forces  in  the  department  of  the  Gulf." 

At  a  subsequent  stage  of  their  proceedings,  on  page  614 
of  the  same  journal,  one  of  tho  most  active  and  apparently 
influential  members,  afterwards  elected  a  senator  and  now 
applying  for  admission,  arguing  their  capacity  to  punish 
for  an  alleged  contempt,  thus  defines  the  origin  and  power 
oi'  the  convention : 

'•  We  are  not  only  a  convention  of  the  State  of  Louisiana, 
but  a  military  power — created  and  emanating  from  no  other 
source  than  the  military  power,  and  existing  by  virtue  of 
civil  authority  cf  the  Government  of  the  United  States." 

With  such  high  origin  and  unlimited  power,  it  is  some 
what  ludicrous  that  it  was  powerless  to  arrest  a  simple 
citi/eu,  but  was  compelled  to  request  of  General  Banks  to 
issue  his  order  directing  his  provost  marshal  to  take  meas 
ures  necessary  to  enable  the  sergeant-at-arms  to  bring  a 
newspaper  editor  before  the  convention.  So  wholly  de 
pendent  were  they  on  the  military  authority,  and  so  open 
in  their  acknowledgment,  that  they  assembled  at  tho 
command  and  «at  in  the  shadow  of  the  sword  of  the  major 
general  commanding  the  department  of  the  Gulf. 

Such  and  so  directly  under  the  instigation  of  General 
Batiks  being  the  reorganization  of  the  pretended  govern 
ment,  the  undersigned  invite  attention  to  the  question 


whether  it  is  capable  to  fulfil  the  legitimate  objects  of  its 
creation — the  protection  of  the  citizen  in  the  enjoyment  of 
his  civil  rights,  in  the  maintenance  of  commercial  inter 
course,  and  the  punishment  of  offenders  against  its  own 
laws. 

How  far  it  is  effective  for  the  former  will  be  manifest 
from  an  order  issued  by  command  of  Major  General  Hurl- 
but,  so  late  as  December  21,  1861,  and  signed  by  Harai  Ilol>- 
inson,  colonel  1st  Louisiana  cavalry  and  provost  marshal 
general.  The  order  is  in  these  words: 
[  "  Special  Order  No.  145.] 

"1.  The  military  approval  on  permits  for  plantation, 
family,  and  trade  store  supplies,  when  such  permits  do  not 
exceed  two  hundred  and  fifty  dollars,  will  in  future  be  signed 
by  order  of  the  provost  marshal  general,  by  a  commis 
sioned  officer  on  duty  at  this  office.  This  signature  shall  be 
valid  for  all  military  posts  and  for  the  following  parishes  : 
St.  Bernard,  ljlaquemines,  Orleans,  Jefferson,  St.  Charles, 
St.  John  Baptist,  St.  James,  Lafourche,  Terrebonne,  and  aa 
much  of  Assumption  and  St.  Mary  as  may  be  within  our 
military  lines." 

So  utterly  unready  are  the  people  of  Louisiana  for  civil 
government,  that  it  is  not  permitted  to  tho  inhabitants  to 
traffic  even  for  family  stores,  without  a  military  permit, 
within  the  parishes  considered  most  loyal,  and  of  these  par 
ishes  there  are  only  nine  within  the  whole  State  in  which 
such  permit  is  available. 

If  such  be  its  condition  as  to  commercial  intercourse 
among  its  own  citizens,  the  undersigned  suggest  that  the 
government  is  placed  in  even  a  more  absurd  view  as  to  its 
helplessness  in  assuring  protection  by  the  punishment  of 
offenders  against  its  own  laws.  In  proof  of  this  they  ask 
attention  to  the  following  order  issued  by  Major  General 
Hurlbut,  dated  December  27, 1864: 
["Special  Order  No.  349.] 

"3.  Upon  tho  official  report  of  the  attorney  general  of 
the  State  of  Louisiana  that  the  ordinary  courts  of  justice 
are  insufficient  to  punish  the  offenders  named  by  him,  and 
in  consideration  that  the  State  government  and  courts  of 
Louisiana  owe  their  present  existence  to  military  authority, 
it  is  ordered  that  Michael  De  Courcey,  Benjamin  Orr,  E. 
McShane,  Y.  M.  Robinson,  A.  G.  Pierson,  and  B.  Wacla- 
worth,  for  peculation  and  other  offences,  be  sent  for  trial 
before  the  military  commission  now  in  session  in  the  city  of 
New  Orleans,  and  of  which  Brigadier  General  B.  S.Roberts, 
United  States  volunteers,  is  president,  and  that  the  attor 
ney  general  of  the  State  of  Louisiana  be  admitted  to  appear 
before  said  commission  as  public  prosecutor." 

What  a  conclusive  refutation  of  the  allegation  of  the  ex 
istence  of  a  government  capable  to  maintain  itself,  and  to 
fulfil  tho  conditions  of  its  establishment,  and  how  absolute 
the  proof  as  to  the  regard  in  which  it  is  held  by  the  military 
authorities !  The  attorney  general  of  the  State  supplicates 
tho  major  general  to  supplant  the  majesty  of  the  law,  and 
to  erect  a  military  commission  to  try  offences  properly  cog 
nizable  by  tho  ordinary  criminal  tribunals;  and  with  cool 
complacency  General  Hurlbut  accedes  to  the  request,  in 
consideration  that  the  State  government  and  courts  owe 
their  existence  to  military  authority,  and  graciously  per 
mits  the  law  officer  to  appear  before  the  military  commis 
sion  to  prosecute  offences  against  the  municipal  codeot 
Louisiana ! 

Surely  it  is  mockery  to  designate  such  a  government  by 
the  came  of  republic,  or  to  dignify  such  a  community  with 
the  title  of  a  State. 

Two  points  are  pressed  by  General  Banks  with  much 
earnestness  as  inducements  to  recognition  : 

1.  The  propriety  of  recognition  as  tending  to  develop 
loyal  sentiments. 

•2.  Tho  danger  that  the  inhabitants  will  invite  French  in 
tervention. 

With  due  respect,  the  undersigned  fail  to  perceive  the 
force  of  these  suggestions. 

Loyalty  in  Louisiana,  in  the  main,  consists  of  mere  submis 
sion  to  the  power  having  the  present  ascendency.  It  is 
clearly  and  truly  stated  by  General  Banks  that  little  reli 
ance  is  to  be  placed  on  an  oath  of  allegiance  as  a  test  of 
fidelity,  and  it  is  notorious  that  the  major  portion  of  those 
within  the  Union  lines,  ami  nearly  all  the  delegates  to  tho 
convention,  took  the  oath  of  allegiance  to  "the  Confederate 
States,"  and  so  long  as  their  power  was  maintained  in  Loui 
siana,  either  voluntarily  or  compulsorily,  demonstrated  their 
faithfulness  by  obedience.  Upon  the  occupation  of  New 
Orleans  by  tho  Union  forces  the  same  persons,  with  equal 
readiness,  took  the  oath  prescribed  by  the  President's  proc 
lamation,  and  so  long  as  wo  hold  occupancy  and  control 
will  remain  faithful — but  no  longer.  Should  the  rebel  arms 
again  prevail  there,  the  great  body  will  succumb  and  relapse 
into  acquiescence  in  its  supremacy. 

The  only  effective  mode  is  to  suppress  the  rebellion  in  the 
State — tj  destroy  the  government  at  Shreveport — to  take 
permanent  occupancy  of  the  country,  and  give  such  assur 
ance  of  protection  as  will  enable  the  people  to  rest  secure 


58fj 


APPENDIX. 


in  their  demonstrations  of  fidelity.  This  is  not  to  be  done 
by  the  creation  or  recognition  of  improvised  or  impotent 
civil  governments,  but  by  the  steady  advance  of  the  army, 
bringing  the  inhabitants  under  our  permanent  control. 

When  this  shall  have  been  done,  the  work  of  restoration 
and  reorganization  will  bo  desirable  and  easy  of  attain 
ment.  Until  it  shall  have  been  accomplished  all  schemes 
of  reconstruction  arc  futile,  resulting  only  in  the  creation 
Of  quasi  civil  governments  wholly  subject  to  military  au 
thority,  and  incapable  of  furnishing  protection  or  insuring 
respect. 

'i'ho  suggestion  of  French  interference  and  apprehension 
for  the  safety  of  New  Orleans  savors  of  the  argument  ad 
captandum. 

The  undersigned  will  be  permitted  to  observe  that  France 
is  affected  by  no  consideration  of  the  presence  or  absence  of 
civil  government  in  Louisiana.  Without  underrating  the 
importance  of  the  city  of  New  Orleans  or  the  navigation 
of  the  Mississippi,  they  suggest  that  their  safety  is  better 
insured  by  naval  armaments,  well  appointed  fortifications, 
and  the  bayonets  of  our  gallant  soldiers,  than  by  the  un 
substantial  sovereignty  vested  in  Governor  llahn.  Foreign 
intervention  has  been  prevented,  not  by  considerations  of 
national  morality  or  the  arts  of  diplomacy,  but  by  the 
manifestation  of  the  power  and  energy  of  the  people  of  the 
United  States,  by  her  stupendous  resources,  by  her  won 
derful  invention  in  the  perfection  of  the  enginery  of  war,  and 
by  the  prowess  of  her  army  and  navy,  rendering  doubt 
ful,  if  not  desperate,  the  issue  of  any  conflict  on  land  or 
sea. 

These  are  the  instrumentalities  upon  which  we  must  rely, 
not  only  for  the  safety  of  New  Orleans  but  for  the  final 
suppression  of  the  rebellion,  until  which  time  the  question 
should  be,  not  how  soon  States  shall  be  reorganized  and 
members  be  admitted  on  this  floor,  but  how  they  shall  be 
restrained  from  setting  up  governments  without  a  people 
and  proposing  representatives  without  constituencies,  to 
the  danger  of  feeble  legislation  and  the  detriment  of  the 
republic. 

In  view  of  the  facts  elicited  by  the  investigation  of  the 
matter  committed  to  them,  the  undersigned  submit  the 
following  resolution,  dissenting  from  the  vote  of  the  majori 
ty  of  the  committee : 

Resolved.  That  M.  F.  Bonzano,  claiming  to  be  a  repre 
sentative  from  the  first  congressional  district  of  Louisi 
ana,  is  not  entitled  to  a  seat  in  this  House  as  a  member 
thereof. 

N.  B.  SMITHERS, 
CIIAS.  UPSON. 

February  IT — An  affirmative  report  was  pre 
sented  in  the  cases  of  A.  P.  Field  and  W.  D. 
Mann,  claiming  seats  from  the  second  and  third 
congressional  districts  in  Louisiana,  based  upon 
the  reasoning  and  facts  stated  in  the  preceding 
report. 

No  votes  were  taken. 

THE    ARKANSAS    QUESTION. 

IN   SENATE. 

1865,  January  27 — Mr  POMEROY  introduced 
this  joint  resolution,  which  was  referred  to  the 
Committee  on  the  Judiciary  : 

FOR  THE  RETURN  OF  ARKANSAS  TO  THE   UNION. 

Whereas  the  President  of  the  United  States,  by  a  proclama 
tion  bearing  date  the  sixteenth  day  of  August,  one  thousand 
eight  hundred  and  sixty-one,  did,  among  other  things,  de 
clare  that  the  inhabitants  of  the  State  of  Arkansas  were  in 
u  condition  of  insurrection  against  the  United  States,  and 
that  all  commercial  intercourse  between  the  said  State,  and 
the  inhabitants  thereof,  and  the  citizens  of  other  States, 
and  other  parts  of  the  United  States,  was  and  would  remain 
unlawful,  until  such  insurrection  should  cease  or  be  sup 
pressed;  and  whereas,  by  their  own  act,  the  citizens  of  a 
portion  of  the  said  State  met  iu  convention,  at  Fort  Smith, 
on  the  thirtieth  day  of  October,  anno  Domini  eighteen  hun 
dred  and  sixty-three, and  passed  resolutions  recommending 
the  choosing  of  delegates  to  a  State  convention;  the  vigo 
rous  prosecution  of  ihe  war,  as  long  as  rebels  in  arms 
ugainst  the  government  of  the  United  States  could  be 
found,  and  the  abolition  of  the  institution  of  slavery,  and 
announcing  further  the  determination  to  support  the  ad 
ministration  in  its  efforts  to  suppress  the  existing  rebellion ; 
and  which  movements  was  heartily  seconded  by  thousand* 
of  the  loyal  citizens  of  the  State,  win-,  \vithout  knowledge 
that  an  amnesty  proclamation  \\asabout  to  be  promulgated, 
were  earnestly  desirous  of  being  recognized  again  by  the 
general  government;  and  whereas,  under  ttie  Presidents 
proclamation  of  December  eight,  eighteen  hundred  and 


sixty-three,  and  hig  instructions  to  Major  General  Steela, 
then  commanding  the  department  of  Arkansas,  bearing 
date  January  twenty,  eighteen  hundred  and  M\:\-<;»ur.  a 
State  government  was  duly,  and  without  military  restraint, 
organized  on  the  fourteenth,  fifteenth,  and  sixteenth  duvs 
of  March,  anno  Domini  eighteen  hundred  and  sixty-four, 
and  a  constitution  republican  i:i  form  and  forever  prohibit 
ing  slavery  and  involuntary  servitude,  except  l\,r  the  pun 
ishment  of  crime,  was  ratified  by  a  vote  of  twelve  thou 
sand  two  hundred  and  twenty-six  for,  to  one  hundred  and 
seventy-seven  against  it;  and  whereas  the  progress  of  uur 
arms  has  been  such  in  Arkansas  as  to  justi.y  the  re-estab 
lishment  of  a  State  government  therein,  an  1  the  evidences 
of  the  If  yalty  of  the  people  of  this  State,  evinced  by  their 
united  and  cordial  support  and  adherence  t;>  this  constitu 
tion  and  the  laws  made  under  it.  and  by  furnishing  t.ver 
six  full  regiments  and  a  battery  for  the  Cause  of  the  Union 
in  this  national  conflict  are  sufficient  to  entitle  their  cluim 
for  the  recognition  of  their  present  State  government  to 
the  favorable  action  of  Congress  :  Therefore, 

Be  it  resolved,  rfc.,  That  the  President  of  the  United 
States  be,  and  he  is  hereby,  authorized  and  requested  to 
issue  his  proclamation  declaring  the  inhabitants  of  Arkan 
sas  no  longer  in  a  state  of  insurrection  against  the  Unit-d 
States,  and  relieving  them  from  the  restriction  upon  their 
commercial  intercourse  with  the  '•  citizens  of  other  States, 
and  other  parts  of  the  United  States,"  created  by  the  said 
proclamation. 

Src.  2.  That  the  senators  and  members  of  the  House  of 
Representatives  from  the  said  State  elected  under  and  by 
virtue  of  the  new  constitution  thereof,  to  represent  the  said 
State  in  the  Congress  of  the  United  States  be  permitted  to 
take  their  seats  upon  presentation  of  the  usual  and  proper 
credentials. 

IN  HOUSE  OF  REPRESENTATIVES. 
18G5,    February    17 — Mr.    DAWES,   from   the 
Committee  on  Elections,  made  this  report : 
The  Committee  of  Elections,  to  whom  were  referred  the  cre 
dentials  <>/  T.  M.  Jacks  and  J.  M.  Johnson,  claiminr/  s^ats 
in  t/iis  House  as  representatives  from  the  first  and  third 
congresst'-mal  districts  of  Arkansas,  submit   the  folloztt- 
itig  report : 

There  seems  in  Arkansas  at  all  times  to  have  been  a  large 
number  of  unconditional  Union  men.  It  is  evident  that 
the  so-called  secession  ordinance  was  not  passed  in  accord 
ance  with  the  wishes  of  the  people  of  the  State.  The  con 
vention  elected  iu  1861  was  largely  Union,  but,  without  in 
structions  from  the  people,  passed  the  ordinance  of  se 
cession. 

After  three  years  of  war  and  desolation,  the  loyal  peo 
ple  of  Arkansas  assembled  in  convention  at  Little  Rock  fn 
January.  1864.  The  result  of  the  convention's  delibera 
tions  was  the  amending  of  the  State  constitution,  the  ap 
pointment  of  a  provisional  governor,  lieutentant  governor, 
and  secretary  of  state,  and  th«-  designation  of  the  14th, 
lob,  and  16th  days  of  March  as  the  time  for  holding  a 
general  election  throughout  the  State. 

The  actsof  this  convention,  judging  from  the  statements- 
of  its  members,  were  rather  suggestive  than  obligatory. 
Indeed  it  did  not  claim  its  acts  as  binding  until  they  were 
ratified  by  the  people,  which  was  done  with  a  unanimity 
seldom  met  with.  At  the  election  on  the  14th.  15th,  and 
16th  of  March  the  acts  of  the  convention  were  approved 
by  12,177  voters,  while  they  were  disapproved  by  only  -30.  • 
At  that  election  the  people  of  more  than  forty  counties 
elected  State  and  county  officers  necessary  to  set  to  work 
again  the  machinery  of  a  loyal  State  government  which 
had  been  overthrown  by  the  rebellion  in  the  month  of  May, 
1861. 

On  the  18th  of  April,  1864,  the  State  government  was 
formally  inaugurated,  since  which  time  it  has  been  strug 
gling  for  an  existence  under  difficulties  which  those  who 
are  strangers  to  its  trials  cannot  properly  appreciate. 

The  amended  constitution  differs  from  the  constitution 
of  the  State  before  the  rebellion  in  but  a  lew  important 
particulars. 

1st.  It  forever  prohibits  slavery  or  involuntary  servitude 

which  it  does  iu  the  following  words,  viz: 

[Extract  from    the  present  Constitution  of   the  State  of 

Arkansas.] 

ARTICLE  V. 

Abolishment  of  Slavery. 

SEC.  1.  "  Neither  slavery  nor  involuntary  servitude  shall 
hereafter  exist  in  this  State,  otherwise  than  for  the  punish 
ment  of  crime,  whereof  the  party  shall  have  been  convicted 
by  due  process  of  law ;  nor  shall  any  male  person  arrived  at 
the  age  of  twenty-one  years,  nor  female  arrived  at  the  age 
of  eighteen  years,  be  held  to  serve  any  pet  son  as  a  servant, 
under  any  indenture  or  contract  hereafter  made,  unless 
such  person  shall  enter  into  such  indenture  or  contract 
while  in  a  siate  of  perfect  freedom,  and  on  condition  of 


APPENDIX. 


58T 


a  kona  fide  consideration  received,  or  to  he  received"  for 
their  services. 

"Nor  shall  any  indenture  of  any  negro  or  mulatto  here 
after  made  und  executed  out  of  this  State,  or,  if  made  in 
this  State,  when  the  term  of  service  exceeds  one  year,  be 
of  the  least  validity,  except  those  given  in  case  of  appren 
ticeship,  which  eluill  not  be  for  a  longer  term  than  until 
the  apprentice  shall  arrive  at  the  ago  of  twenty-one  years, 
if  a  male,  or  the  age  of  eighteen  years,  if  a  female  " 

It  also  provides  lor  the  office  of  lieutenant  governor,  an 
office  not  known  to  the  old  State  constitution. 

The  Mipreme  judges  of  the  State  are,  under  the  amended 
constitution,  elect'. d  by  the  people:  under  the  old  they 
were  chosen  by  the  legislature.  There  are  some  other 
trifling  differences  re!:, ting  to  the  trir.l  f">r  cases  of  assault 
and  battery,  the  amount  of  claims  that  may  be  tried  be 
fore  a  justice's  court,  &c. 

The  preamble  to  the  Constitution  repudiates  emphat 
ically  the  rebel  debt  of  the  State,  and  declares  null  and 
void  all  acts  of  rebel  magistrates  done  under  the  authority 
of  the  rebellion,  save  the  solemnization  of  matrimony,  the 
act  of  conveyancing,  and  others  of  similar  nature  provided 
for  under  like  circumstances  under  the  common  law.  'ihe 
convention  also  provided  that  all  laws  and  parts  of  laws  in 
force  in  the  State  prior  to  the  sixth  day  of  May,  A.  D.  1801, 
and  no;  inconsistent  with  the  amended  constitution,  should 
be  in  full  force  and  effect  as  before  the  rebellion. 

The  governor  elect  was  duly  and  formally  inaugurated  on 
the  18th  April.  The  legislature,  composed  of  senators  and 
representatives  from  more  than  forty  of  fifty-five  counties 
in  the  State,  met  at  the  State  capitol,  on  the  llth  of  April, 
and  each  house  organized  with  a  quorum  present  during 
the  first  week  of  the  session. 

The  legislature  remained  in  session  to  the  1st  of  June, 
when  they  adjourned  until  the  first  Monday  in  November, 
at  which  time  they  again  met,  and  continued  in  session 
to  the  1st  of  January  of  the  present  year,  when  they 
again  adjourned  until  the  1st  January,  A.  D.,  1866. 

During  the  session  of  April  and  May,  1804.  the  legisla 
ture  elected  two  United  States  senators,  to  fill  the  unex- 
pired  terms  of  Wm.  K.  Sebastian  and  Dr.  Mitchel,  senators 
from  that  State  previous  to  the  commencement  of  the  re 
bellion. 

During  the  said  session  of  the  legislature  they  passed  an 
act  defining  the  qualification  of  voters,  which  shows  most 
clearly  that  they  entertain  no  sympathy  or  fellowship  with 
the  rebellion.  The  sixth  section  of  that  act  is  in  the  fol 
lowing  words : 

"And  be  it  further  enacted  by  the  general  assembly  of  the 
State  of  Arkansas,  That  each  voter  shall,  before  depositing 
his  vote  at  any  election  in  this  State,  take  an  oath  that  he- 
will  support  the  Constitution  of  the  United  States  and  of 
this  State,  and  that  he  has  not  voluntarily  borne  arms 
against  the  United  States,  or  this  State,  nor  aided,  directly 
or  indirectly,  the  so-called  coniederate  authorities,  since 
the  eighteenth  day  of  April,  A.  D.  1864,  (the  day  the  gov 
ernor  was  inaugurated,)  said  oath  to  be  administered  by 
one  of  the  judges  of  the  election;  and  this  act  shall  take 
effect  from  and  after  its  passage/' 

This  act  shows  a  commendable  prudence  on  the  part  of 
the  legislature  to  guard  the  ballot-box  against  the  disloyal 
part  of  the  people.  While  the  constitution  makes  no  pro 
vision  against  returned  rebels  who  were  once  citizens  of  the 
State,  this  prompt  legislation  shows  that  the  people  are  de 
termined  to  guard  themselves  in  the  future  against  those 
who  have  well  nigh  ruined  their  State  in  the  past. 

Arkansas  has  given  another  proof  of  her  loyalty  and  de 
votion  to  the  United  States,  which  should  not  be  over 
looked.  From  evidence  which  your  committee  have  no 
disposition  to  discredit,  it  appears  that  Arkansas  has  fur 
nished  at  least  ten  thousand  volunteer  soldiers  for  the 
United  States  armies.  These  men  arc  to-day  either  filling 
a  soldier's  grave,  or  the  ranks  of  their  country's  armies. 

At  the  election  in  March,  1864,  the  people  of  the  1st  con 
gressional  district  elected  T.  M.  Jacks  as  their  representative 
in  Congress,  by  a  vote  of  about  three  thousand.  The  2d  dis 
trict  elected  A.  A.  C.  Rogers  by  a  large  majority  over  his 
competitor.  The  3d  district,  J.  M.  Johnson,  by  a  very  large 
majority. 

The  first  district  is  composed  of  the  following  named 
counties :  Arkansas,  Con  way,  Crittenden,  Craighead,  Ful 
ton,  Greene,  Independence,  Izard,  Jackson,  Lawrence. 
Mississippi,  Monroe,  Philips,  Poinsett,  Prairie,  Randolph, 
St.  Francis,  Searcy,  Van  Huron,  and  White.  These  coun 
ties  by  their  returns  show  that  in  the  Presidential  election 
in  I860  they  cast  16,841  votes.  Fourteen  of  these  counties, 
VIE:  Arkansas,  Cou way, Crittenden,  Fulton,  Independence, 
Izard,  Jackson,  Lawrence,  Monroe,  Philips,  Prairie,  Ran 
dolph,  and  Van  liuren,  which  participated  pretty  fully  in 
the  election  of  March,  cast  the  aggregate  vote  of  3,000. 
These  counties  in  1860  gave  14,005  votes — the  six  counties 
not  voting,  or  voting  to  only  a  very  limited  extent,  in  the 
election  of  March,  to  wit:  i.raighead,  Greene,  Mississippi, 
Poinsett,  Searcy,  und  St.  Francis  gave  in  IbOO  2,8^6  votes; 


these,  under  the  ratio  of  the  vote  cast  in  the  eleven  coui> 
ties  that  did  vote,  should  have  given  about  537  votes  at. 
the  March  election.  Of  the  3,001)  votes  cast  in  this  district 
for  member  of  Congress,  T.  M.  Jacks  received  all  but 
fifteen. 

In  the  second  district,  composed  of  the  counties  of  Ash 
ley,  Bradley,  Calhoun,  Chicot,  Clark,  Columbia,  Dallas, 
Desha,  Drew,  Hempstead,  Hot  Springs,  Jefferson,  Lafayette, 
Ouachita,  Pulaski,  Saline,  and  Union,  your  committee  have 
not  been  able  to  satisfy  themselves  as  to  the  vote  cast:  the 
evidence  going  to  show  that  in  this  district  the  vote  was 
respectable  as  compared  to  the  whole  vote  of  the  State — 
that  some  four  or  five  counties  did  not  vote  in  the  election, 
and  that  the  vote  of  the  counties  of  Jefferson  and  Pulaski 
was  relatively  large. 

In  the  third  district,  composed  of  the  counties  of  Ben- 
ton,  Carroll,  Crawford,  Franklin,  Johnson,  Madison,  Ma 
rion,  Montgomery,  Newton,  Perry,  Pike,  Polk,  Pope,  Scott, 
Clark,  Sebastian,  Sevier,  Washington,  and  Yell,  the  vote  in 
March  was  a  tolerably  full  one,  all  except  the  county  ot 
Perry  participating  in  the  election. 

In  this  district  the  vote  for  representative  in  Congress 
was  nearly  five  thousand,  of  which  vote  J.  M.  Johnson  re 
ceived  over  four  thousand.  These  counties  in  1860  gave  an 
aggregate  vote  of  10,932. 

The  position  taken  by  the  committee  in  the  case  of  Mr. 
Bonzano,  of  Louisiana,  will  apply  with  equal  force  to  these 
cases  from  Arkansas.  In  the  report  in  that  case  the  com 
mittee  say: 

"This  election  depends  for  its  validity  upon  the  effect 
which  the  House  is  disposed  to  give  to  the  efforts  to  re 
organize  a  State  government  in  Louisiana,  which  have  here 
been  briefly  recited.  The  districting  of  the  State  for  rep 
resentatives,  and  the  fixing  of  the  time  for  holding  the 
election,  were  the  act  of  the  convention.  Indeed,  the  elec 
tion  of  governor  and  other  State  officers,  as  well  as  the 
existence  of  the  convention  itself,  as  well  as  its  acts,  are  all 
parts  of  the  same  movements. 

41  It  is  objected  to  their  validity,  that  they  neither  origi 
nated  in  nor  followed  any  pre-existing  law  of  the  State  or 
nation.  But  the  answer  to  this  objection  lies  in  the  fact 
that,  in  the  nature  of  the  case,  neither  a  law  of  the  State 
nor  nation  to  meet  the  case  was  a  possibility.  The  State 
was  attempting  to  rise  out  of  the  ruin  caused  by  an  armed 
overthrow  of  its  laws.  They  had  been  trampled  in  the  dust ; 
and  there  existed  no  body  in  the  State  to  make  an  enabling 
act.  Congress  cannot  pass  an  enabling  act  for  a  State.  It 
is  neither  one  of  the  powers  granted  by  the  several  States 
to  the  general  government,  nor  necessary  to  the  carrying 
out  of  any  of  those  powers;  and  all  'the  powers  not'del- 
egated  to  the  United  States  by  the  Constitution,  nor  pro 
hibited  by  it  to  the  States,  are  reserved  to  the  States  re 
spectively,  or  the  people.'  It  is  preposterous  to  have  ex 
pected  at  the  hands  of  the  rebel  authorities  in  Louisiana 
that,  previous  to  the  overthrow  of  the  State  government, 
they  should  prepare  a  legal  form  of  proceeding  for  its  re 
storation.  In  the  absence  of  any  such  legal  form  prepared 
beforehand  in  the  State,  and  like  absence  of  power  on  the 
part  of  the  general  government,  under  the  delegated  powers 
of  the  Constitution,  it  follows,  that  the  power  to  restore  a 
lost  State  government  in  Louisiana  existed  nowhere,  or 
in  'the  people,'  the  original  source  of  all  political  power  in 
this  country.  The  people,  in  the  exercise  of  that  power, 
cannot  be  required  to  conform  to  any  particular  mode,  for 
that  presupposes  a  power  to  prescribe  outside  of  themselves, 
which  it  has  been  seen  does  not  exist.  The  result  must  be 
republican  ;  for  the  people  and  the  States  have  surrendered 
to  the  United  States,  to  that  extent,  the  power  over  their 
form  of  government  in  this,  that  'the  United  States  shall 
guarantee  to  every  State  a  republican  form  of  government.' 

'It  follows,  therefore,  that  if  this  work  of  reorganizing 
and  re-establishing  a  State  government  was  the  work  of 
the  people,  it  was  the  legitimate  exercise  of  an  inalienable 
and  inherent  right,  and,  if  republican  in  form,  is  entitled 
not  only  to  recognition,  but  to  the  '  guaranty'  of  the  Con 
stitution." 

The  committee  recommend  to  the  House  for  its  adoption 
tho  subjoined  resolutions: 

Resolved,  That  T.  M.  Jacks  is  entitled  to  a  seat  in  this 
House  as  a  representative  from  the  first  congressional  dis 
trict  in  Arkansas. 

Resolved,  That  J.  M.  Johnson  is  entitled  to  a  seat  in  this 
House  as  a  representative  from  the  third  congressional  dis 
trict  in  Arkansas. 

No  vote  was  reached  upon  the  question. 

SENATORS   FROM    INSURRECTIONA 
RY  STATES. 

SENATOR  FROM  VIRGINIA. 

1865,  February  17 — Mr.  WILLEY  offered  t he- 
credentials  of  Joseph  Segar,  Senator  elect  from 


588 


APPENDIX. 


;he  State  of  Virginia,  to  suppiy  the  vacancy 
occasioned  by  the  death  of  Lemuel  J.  Bow- 
ien. 

Mr.  SUMNER  moved  their  reference  to  the 
Committee  on  the  Judiciary.  Mr.  SHERMAN 
moved  that  the  credentials  do  lie  upon  the  ta- 
ole,  which  was  agreed  to — yeas  29,  nays  13  : 

YEAS — Messrs.  Anthony,  Brown,  Buckalew,  Chandler, 
21ark,  Collamer,  Conness,  Cowan,  Davis,  Doolittle,  Farwell, 
Foster,  Hale,  Ilarlan,  Howard,  Howe.  Morgan,  Morrill, 
NTye,  I'nwdl,  Ramsey,  Sherman,  Sprague,  Sumner,  Ten  Eyck, 
rrunibull,  Wade,  Wilkinson,  Wil8on— 29. 

NAYS — Messrs.  Dixon,  Htndricks,  Johnson,  Lane  of  Indi- 
ina.  Lane  of  Kansas,  McDougalL  JYesmitfi.  Pomeroy,  Rich- 
irdson,  Saulsbury,  Van  Winkle,  Willey,  Wright— IS. 

Subsequently — at  the  special  session— they 
were  withdrawn,  re-presented,  and  postponed 
until  the  next  session. 

SENATOR  FROM  LOUISIANA. 

March  2 — Mr.  DOOLITTLE  offered  the  creden 
tials  of  Michael  Hahn  as  a  Senator  from  Lou 
isiana  for  six  years.  Mr.  DAVIS  objected  to 
;he  reception  of  the  paper.  On  motion  of  Mr. 
TRUMBULL,  the  motion  of  Mr.  DOOLITTLE  to  re- 
;eive  it  was  laid  on  the  table.  Subsequently — 
it  the  special  session — they  were  withdrawn, 
•e-presented,  and  postponed  until  the  next  De- 
jember. 

IN  SENATE— SPECIAL  SESSION. 

SENATOR  FROM  ARKANSAS. 

1865,  March  T — Mr.  LANE,  of  Kansas,  offer 
ed  the  credentials  of  William  D.  Snow,  as  Sen- 
ttor  from  Arkansas,  which  were  referred  to  the 
Committee  on  the  Judiciary. 

March  9 — Mr.  TRUMBULL  made  this  report, 
tfhich  was  agreed  to  : 

In  the  year  1861  the  constituted  authorities  of  the  State 
>f  Arkansas  undertook  to  withdraw  that  State  from  the 
Jnion,  and  so  far  succeeded  in  the  attempt  as  by  force  of 
inns  to  expel  from  the  State  for  a  time  the  authorities  of 
•he  United  States,  and  set  up  a  government  in  hostility 
hereto;  and  in  pursuance  of  an  act  of  Congress,  the  inhab- 
tants  of  said  State  have  wince  been  declared  to  be  in  a  state 
>f  insurrection  against  the  United  States.  The  committee, 
.herefore,  recommend  that  the  question  of  the  admission 
>f  Mr.  Suow  to  a  seat  be  postponed  till  tho  next  session  of 
Congress,  and  until  Congress  shall  take  action  in  regard  to 
he  recognition  of  the  alleged  existing  State  government  in 
tLrkansas. 

SENATOR  FROM    VIRGINIA. 

March  9 — Mr.  DOOLITTLE  offered  the  creden- 
,ials  of  John  C.  Underwood,  as  Senator  from  Vir 
ginia  for  six  years  ;  which  were  postponed  un- 
al  the  next  session. 

PREREQUISITES  FOR  REPRESENTATION  IN  THE  SEN 
ATE. 

March  8 — Mr.  SUMNER  proposed  to  offer  and 
nave  this  resolution  referred  to  the  Committee 
on  the  Judiciary,  but  objection  was  made  : 

Rfsolwd,  That  whore  a  State  lias  been  declared  to  be  in 
nsurroction,  no  person  can  bo  recognized  as  Senator  from 
inch  State,  or  as  claimant  of  a  seat  as  Senator  from  such 
State,  until  after  the  occurrence  of  three  several  condi 
tions  :  first,  the  cessation  of  all  armed  hostility  to  the 
United  States  within  the  limits  of  such  State;  secondly, 
the  adoption  by  such  State  of  a  constitution  of  govern- 
Mi'iit,  rcpiitiliran  in  form,  and  not  repugnant  to  the  Con 
stitution  ami  laws  of  the  United  States;  and  thirdly,  an  act 
ut  Congress 'declaring  that  the  people  of  such  State  are 
entitled  to  representation  in  the  Congress  of  the  United 
States.  j 

THE  SECESSION  OF  LOUISIANA. 
I  have  recently  obtained   the  journal   of  the 
Convention  of  Louisiana  which  passed  the  Or 
dinance  of  Secession,  and,  in  view  of  the  inter 


est  attaching  to  these  proceedings,  subjoin 
these  facts  : 

1861,  January  23 — Convention  met  at  Baton 
Rouge,  and  provided  for  the  appointment  of 
this  Committee  of  Fifteen  "  to  prepare  and  re 
port  as  soon  as  possible  an  ordinance  providing 
for  the  withdrawal  of  the  State  of  Louisiana 
from  the  present  Federal  Union  :"  J.  Perkins,  jr., 
of  Madison,  A.  Declouet,  A.  B.  Roman,  Edward 
Sparrow,  I.  Garrett,  T.  J.  Semmes,  L.  J.  Du- 
pre,  A.  Provosty,  W.  R.  Miles,  J.  L.  Lewis,  A. 
Talbot,  W.  R.  Barrow,  J.  K.  Elgee,  C.  Roselius, 
G.  M.  Williamson. 

January  24 — Mr.  Perkins  reported  a  Seces 
sion  Ordinance,  and  a  resolution  relative  to  the 
navigation  of  the  Mississippi  river.  Mr.  Rozier 
and  Mr.  Fuqua  presented  each  a  substitute  for 
the  report.  The  action  of  Governor  Moore  in 
seizing  the  forts,  arsenals,  and  munitions  of 
war  within  the  State  was  approved — yeas  119, 
nays  5,  (Cicero  C.  Meredith,  David  Pierson, 
Joseph  A.  Rozier,  W.  T.  Stocker,  James  G.  Tali- 
aferro.) 

January  25 — J.  L.  Manning,  Commissioner 
from  South  Carolina,  and  J.  A.  Winston,  from 
Alabama,  received  and  heard  ;  and  January  30, 
W.  J.  Vason,  from  Georgia,  and  February  12, 
John  Robertson,  from  Virginia.  An  address  was 
received  from  U.  S.  Senators  Slidell  and  Ben 
jamin,  and  Representatives  Landrum  and  Da 
vidson.  January  31 — George  Williamson  ap 
pointed  Commissioner  to  Texas. 

VOTES  ON  ORDINANCE. 

January  25 — The  question  was  first  taken  on 
Mr.  Rozier's  substitute,  which  proposed  a  Con 
vention  of  the  slaveholding  States  at  Nash 
ville,  February  25th  next,  to  determine  what 
amendments  of  the  Constitution  are  necessary 
and  proper,  in  case  of  the  failure  of  the  prompt 
adoption  of  which  said  Coavention  to  be  re 
assembled  and  forthwith  organize  a  separate 
Confederacy  of  slaveholding  States.  The  vote 
was  yeas  24,  nays  106.  The  YEAS  were: 

Messrs.  Bermudez,  Bienvenu,  Clark,  Cook,  Connelly,  Con 
ner  of  St.  Tammany,  Cottman,  Davidson  of  Sabine,  Duffel, 
Garrett,  Gill,  Hough,  Lewis  of  Orleans.Meredith,  McCollom, 
Patterson,  Pierson  of  Winn,  Roselius,  Kozier,  Smart,  Stock 
er,  Taliaterro,  Verret,  Williams — 24. 

The  question  was  next  taken  on  Mr.  Fuqua's 
substitute,  declaring  that  Louisiana  cannot  and 
will  not  submit  to  the  administration  of  Lin 
coln  and  Hamlin  upon  the  '•  principles  that  the 
Constitution  does  not  recognize  property  in 
slaves,  that  the  Government  should  prevent  the 
extension  of  slavery  into  the  common  territory, 
and  that  all  the  powers  of  the  Government 
should  be  so  exercised  as  in  time  to  abolish 
Ihis  institution  wherever  it  exists;"  announc 
ing  that  any  attempt  to  coerce  any  seceding 
State  will  absolve  Louisiana  from  all  allegiance 
to  the  Federal  Government,  and  that  Louisiana 
in  that  event  would  make  common  cause  with 
the  State  attacked  ;  and  declaring  for  a  Con 
vention  of  slaveholding  States  at  Montgom 
ery,  Alabama,  February  4,  18G1,  as  requested 
by  thai  State,  for  the  formation  by  said  Con 
vention  of  a  Federal  Union  of  the  slaveholding 
States,  and  the  freedom  of  the  navigation  of 
the  Mississippi  and  its  tributaries:  and  for  an 
adjournment  until  February  28,  18'Jl,  to  htar 


APPENDIX. 


58<> 


the  report  of  the  action  of  the  Montgomery 
Convention.  Which  was  lost — yeas  47,  nays 
73.  The  YEAS  were  : 

Messrs.  Bermudoz,  Bienvenn,  Bush,  Clark,  Cook,  Connel 
ly,  Conner  of  St.  Tammany,  Cottman,  Davidson  of  Sabine, 
Duffol,  Fuqua,  Gardere,  Garrett,  Gaudet,  llerron,  Hough, 
Hollinsworth,  Lagroue,  LeBlanc,  LeBourgeois,  Lewis  of 
Claiborne,  Lewis  of  Orleans,  Martin  of  Assumption,  Mane, 
Melanc.on,  Meredith.  McCollom,  Patterson,  Perkins  of  La- 
fourciie,  Pierson  of  Winn,  Pike,  Polk,  Pope,  Pugh,  Roman, 
Roselius,  Rozier,  Sompayrac,  Scott  of  Claiborne,  Scott  of 
East  Feliciana,  Stocke.r,  Thomasson,  Tucker,  Verret,  Walk 
er,  Williams  of  East  Baton  Rouge,  Williams  of  St.  Helena 
—47. 

The  Ordinance  of  Secession,  as  reported  from 
the  committee,  was  then  passed — yeas  113,  nays 
17,  as  follows : 

YEAS— Messrs.  W.  R.  Adams,  Win.  Dumont  Anderson , 
Bernard  Avegno,  A.  Barbin,  Wm.  Ruffin  Barrow,  E.  Ber- 
mudez,  P.  E.  Bonford.  A.  Bonner,  C.  C.  Briscoe,  Walthal 
Burton,  Louis  Bush,  E.  G.  W.  Butler,  Thus.  J.  Caldwell, 
Fenelon  Cannon,  Wm.  C.  Carr,  George  Clark,  Thomas  A. 
Cooke,  G.  F.  Connelly,  Lemuel  P.  Conner,  Sidney  S.  Conner, 
Wm.  Alex  Davidson,  E.  C.  Davidson,  Alex.  Declouet,  Alci- 
biade  DeBlanc,  Samuel  W.  Dorsey.  Ed.  Duffel,  Lucius  J. 
Dupre,  J.  B.  Elam,  J.  K.  Elgee,  Ro.  W.  Eatlin,  G.  L.  Fuselier, 
James  ().  Fuqua,  A.  II.  Gladden,  Y.  W.  Graves,  A.  M.  Gray, 
Wm.  E.  Gill,  M.  E.  Girard,  Sid.  II.  Griffin,  J.  Hernandez, 
Andrew  S.  Herron,  B.  L.  Hodge,  Robert.  Hodges,  S.  Hollins 
worth,  Theodore  Johnson,  Thomas  H.  Kennedy,  Wilson  M. 
Kidd,  Felix  Labatut.  E.  Lawrence,  Chas.  T.  Lagroue,  Chas. 
0.  LeBlanc,  Felix  Lewis,  John  L.  Lewis,  Th.  C.  Manning, 
Henry  Marshall,  Antoine  Marrero,  Leon  D.  Marks,  J.  N. 
Marks.  Robt.  Campbell  Martin,  John  H.  Martin,  Ni;homiah 
Magee,  W.  R.  Miles,  J.  J.  Michel,  Jo.  E.  Miller,  John  Moore, 
Jas.  McCloskcy,  Andrew  McCollom,  Henderson  McFarlaud, 
jr..  Sam'l  Washington  McKneely,  A.  Moutun,  M.  0.  H.  Nor 
ton,  Jules  G.  Olivier,  D.O'Bryan,  Win.  Patterson,  J.  Scudday 
Perkins,  John  Perkins,  jr.,  W.  M.  Perkins,  Wm.  R.  Peck, 
John  Peinberton,  Aaron  II.  Pierson,  Wm.  S.  Piko,  H.  M. 
Polk,  N.  W.  Pope,  Aug.  Provosty,  Walter  Pugh,  Hardy 
Richardson,  J.  B.  Slawsou,  W.  W.  Smart,  C.  L  Swayze, 
Thos.  J.  Semmes,  Chas.  D.  Stewart,  Edward  Sparrow,  J. 
Sompayrac,  Nelson  J.  Scott,  Tho.  W.  Scott,  Washington  M. 
Smith,  Benjamin  S.  Tappan,  Augustus  Talbot,  R.  Taylor,  of 
St.  Charles,  J.  A.  Taylor,  of  St.  Laudry,  Louis  Texada,  J. 
M.  Thomasson,  Robert  B.  Todd,  John  T.  Towles,  Caleb  J. 
Tucker,  Mark  Valentine,  W.  B.  'Warren,  Alexander  Walker, 
J.  A.  Williams,  James  A.  Williams,  George  Williamson, 
Joaeph  Buldle  Wilkinson,  P.  S.  Wiltz,  Zebulon  York— 113. 

NAYS — Messrs.  Charles  Bienvenu,  Thomas  E.  H.  Cottman, 
Fergus  Gardere,  Isaiah  Garrett,  J.  K.  Gaudet,  Wade  H. 
Hough,  Louis  S.  LeBourgeois,  George  W.  Lewis,  E.  0.  Melan- 
con,  Cicero  C.  Meredith,  David  Pierson,  A.  B.  Roman,  Chris 
tian  Roselius,  Joseph  A.  Rozier,  W.  T.  Stocker,  James  G. 
Taliaferro,  A.  Verret— 17. 

Upon  the  announcement  of  this  vote,  the 
President  declared  the  connection  between  the 
iSlate  of  Louisiana  and  the  Federal  Union  dis 
solved;  the  fl  »g  of  the  State  was  placed  on  the 
platform  ;  prayer  was  pronounced  by  Rev.  W. 
E.  N.  Lingtield,  and  the  flag  blessed,  according 
to  the  rite:  and  forms  of  the  Roman  Catholic 
Church,  hy  Father  Hubert. 

Tho  accompanying  resolution  recognizing  the 
right  of  the  free  navigation  of  the  Mississippi 
river  and  its  tributaries  by  all  friendly  States 
bordering  thereon,  the  right  of  egress  and  in 
gress  of  the  mouths  of  the  Mississippi  by  all 
friendly  States  and  Powers,  and  declaring  "  our 
willingness  to  enter  into  any  stipulations  to 
guarantee  the  exercise  of  said  rights,"  was 
unanimously  adopted. 

The  ordinance  was  then  signed  by  121  mem 
bers,  being  all  of  those  who  voted  above,  except 
Messrs.  Garrett,  Hough,  George  W.  Lewis, 
Meredith,  D.  Pierson,  Roaelius,  Rozier,  Stocker, 
and  Taliaferro. 

ON    SUBMITTING    THK    ORDINANCE    AND    CONSTITU 
TION    TO  POPULAR   VOTE. 

Pending  the  final  vote  above  taken, 

A  resolution  of  Mr.  Bienvenu  that,  whatever 


be  the  action  of  the  Convention  on  Secession,  it 
shall  have  no  effect  until  the  same  shall  have 
been  ratified  by  a  vote  of  the  major  ty  of  the 
people  at  the  ballot-box,  on  the  25th  of  Feb 
ruary,  1861,  was  disagreed  to — yeas  45,  nays 
84.  The  affirmative  vote  was  the  same  as  on 
Mr.  Fuqua's  substitute,  except  that  Messrs. 
Cook,  Hollinsworth,  Pope,  and  Walker,  then  in 
the  affirmative,  were  now  in  the  negative,  and 
Mr.  A.  H.  Pierson,  then  not  voting,  was  now  in 
the  affirmative,  and  Mr.  Taliaferro,  then  in  the 
negative,  was  now  in  the  affirmative. 

March  16 — Mr.  Bienvenu  offered  an  ordinance 
requesting  the  President  of  the  Convention  to 
lay  before  it  the  official  returns  at  the  election 
for  the  delegates  ;  but  a  motion  to  suspend  the 
rules  for  the  purpose  was  lost — yeas  23,  nays  73. 

An  ordinance  offered  by  Mr.  Cannon,  to  sub 
mit  the  permanent  constitution  of  the  Confed 
erate  States  adopted  by  the  Confederate  Con 
gress,  March  11,  to  the  qualified  voters  of  the 
State  for  their  ratification  or  rejection,  on  the 
6th  of  May,  was  rejected — yeas  26,  nays  74. 
The  YEAS  were  : 

Messrs.  Bienvenu,  Bush,  Cannon,  Clark,  Connelly,  Cott 
man,  Davidson  of  Sabine,  Duffel,  Fuqua,  llerron,  Hough, 
Johnson,  Lagroue,  Lev.'is  of  Claiborne,  Lewis  of  Orleans, 
McCoIlom,  Melaneon,  Meredith,  Pike,  Roselius,  Rozier, 
Scott  of  East  Feliciana,  Sompayrac,  Stocker,  Taliaferro, 
Thomasson,  Tucker— 26. 

March  21 — An  ordinance  offered  by  Mr. 
Rozier,  to  provide  for  the  election  of  a  con 
vention  "  to  adopt  or  reject  the  Confederate 
Constitution,"  was  laid  on  the  table — yeas  94r 
nays  10,  (Messrs.  Bienvenu,  Connelly,  Duffel, 
Garrett,  Lewis  of  Orleans,  Meredith,  Roselius, 
Rozier,  Stocker,  Taliaferro.; 

The  constitution  was  then  ratified,  and  de 
clared  binding  upon  the  people  of  the  State  of 
Louisiana — veas  101,  nays  7,  (Messrs.  Bien 
venu,  GArrett,  Lewis  of  Orleans,  Roselius, 
Rozier,  Stocker,  Taliaferro). 

RIGHT  OF  SECEDING  FROM  THE  CONFEDERACY. 

Mr.  Rozier  offered  an  amendment  to  the  rati 
fying  ordinance,  declaring  that  in  adopting  the 
constitution,  the  State  "expressly  reserves  to 
herself  the  right,  peaceably  to  withdraw  from 
the  Union  created  by  that  constitution,  when 
ever,  in  the  judgment  of  her  citizens,  ber  par 
amount  interest  may  require  it ;"  which  was  laid 
on  the  table — yeas  92,  nays  11,  (Messrs.  Bien 
venu,  Connelly,  Duffel,  Garrett,  Lewis  of  Or 
leans,  Martin  of  Assumption,  Melanyon,  Rose 
lius,  Rozier,  Stocker,  Taliaferro.) 

PUBLIC    PROPERTY    SEIZED. 

February  5,  1861 — A  committee  reported  that 
"  this  public  property  was  in  the  hands  of  the 
officers  of  the  late  Federal  Government,  within 
the  parish  of  Orleans,  February  1,  1861  :" 

In  Sub-Treasurer's  vault  at  the  Mint,  in  gold 

andsilvercoin $483,983  98 

In  Treasury  of  the  Mint,  in  gold,  silver,  and 

copper 101,745  81 

In  Dr.  M.  F.  Bonzano's  possession,  nieltrr  and 

refiner 143,689  85 

In  B.  F.  Taylor's  possession,  coiner 17*2,875  8<> 


Of  this  sum 


$902,295  50 


$389,267  46  belong  to  "  permanent  bullion  fund." 

249,926  68  belong  to  "individual  depositors." 

4,051  38  "  accumulated  profit  on  coinage." 

$643,245  52 


590 


APPENDIX. 


The  amount  of  "import  duties  assessed  on  I  gersoll,Jenckes,  Julian,  Kassou,  Kelley,  Francis  W.  Kellogg. 
merchandise  in  warehouse,  entered  for  ware-  Orlaml°  Kellogg,  King,  Knox,  Littiejohn,  Loan,  Longvear 
.bousing  to  31st  January,  1861,"  was  reported,  j  fSS^^SStZ  SifbannT  *IcIA<loc'  "M"'"  ' 
F.bruary  11,  by  Collector  F.  H.  Hatch,  at  l^'^JS^S^e^^^ 


ousng  to  31st  January,  1861,"  was  reported, 
F.bruary  11,  by  Collector  F.  H.  Hatch,  at 
$734,336. 

March  7—  An  ordinance  passed  transferring 
the  "Bullion,  und"  ($389,267  46)  to  the  «  Gov 
eminent  of  the  Confederate  States  of  America. 


e 

terson,  Perham,   Pike,  Pomeroy,  Price,  William  II  'llan- 


?n',  y>lu  v;jlk_(>nburgh.,  Eliihu  B.  wuhborne,  William 


'  wofftm,  witter,  nan,   //<//• 

tenued  to  reduce  the  amount  transferred  having    Harris,  Charles  31.  Harris, 
failed  by  decided  \otes.  n    liam  Johnson,  Kalbfleisch, 


by 

OFFICERS    OP    THE    CONVENTION. 

Thg  officers  of  the  convention  were :  J. 
Thomas  Wheat,  Secretary;  E.  E.  Kidd,  Assistant 
Secretary;  J.  0.  Nixon,  of  the  New  Orleans 
Crescent,  Printer  ;  A.  M.  Perrault,  Sergeant-at- 
Arms;J.  R.  T.  Hyams,  Warrant  Clerk,-  Emile 
Wilz  and  Albert  Fabre,  Translating  Clerks; 
William  Simmons,  Doorkeeper;  James  Kirby 
Page. 

Constitutional  Amendment  for  the 
Extinction  of  Slavery,  and  Kindred 
Subjects. 

THE     ANTI-SLAVEKY    AMENDMENT. 


,  iMman,         p 

Kernan,   Knapp,  Law. 


in/- 


Mal/ory,  William  II.  Miller,  James  R.  Alwris,  Morris  //. 
Aoble,  John  O'Neill,  Pcndlelon,  Perry,  Pruyn  Samuel  J 
Randall,  RoUnson,  Ross,  Scott,  William  G.  Stcele,  Stiles, 
Stroute,  Stuart,  Sweat,  Towmend,  Wadsworth,  Ward,  C'hil- 


'  > 

Wood,  Fernando  Wood—  57. 


Josfph     W-     Wfate> 


Benjamin 


The  resolution,  as  given  on  page  256,  then 
passed*  —  yeas  119,  nays  56,  8  absent,f  as  fol 
lows  : 

YEAS—  Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Bailij,  Augustus  O.  Baldwin,  John  D.  Baldwin 
Baxter,  Beaman,  Elaine.  Blair  Blow,  Bout  well  Boyd 
Brandegee,  Broomall,  William  G.  Brown,  Ambrose  W.  Clark' 
Freeman  Clarke,  Cobb,  CoJJ'roth,  Cole,  Coliax  (Snral-er) 
Creswell,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes, 
Deming,  Dixou,  Donnelly,  Driggs,,  Diimont,  Eckley,  Eliot, 
l-Inglish,  Farnsworth,  Frank,  Qanton,  Gai  field,  Gooch,  Grin- 
ne'l,  Griswold,  Hale,  Herrich;  Higby,  Hooper,  Ilotchki- 


1865,  January  0     Mr.  A.HL.V  called  up  the    ^'i^Sti^  £±^^"5^^ 


motlOU  to  reconsider  the  vote  taken  June  15, 
1864,  (see  page  258.)  when  the  whole  subiect 
was  disoussod 

January  31  —  Mr.  STILES  moved  to  lay  on  the    O 


Kellogg,  Orlando  Kellogg,  King,  Knox,  Littiejohn,  Loan, 
J,-onsy««r»  Marvin,  McAllister,  McDi-ido,  McClurg,  Mcindoe! 
Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos 
Myers,  Leonard  Myers,  Nelson,  Norton,  Of  Ml  Charles 
O'Neill,  Orth.  Patterson,  Perham,  Pike,  Pomeroy  Price 

' 


,         , 

tablo  the  motion    to  reconsider,  which  was  not  |  S"1&?ffiH£2?  ,H-  ,]l:nKlallVAlexaSde^  ,!!•  Ki'('- 
agreed  to—  yeas  57,  nays  111,  as  follows  : 


H.  Rice,   Edward  H.  Rollins,  James  S.  liollins,  Schenck, 


Scofidd,  Bhannon,  Sloan,  Smith,  8mithers,8paldlng,  Starr, 


NAYS— Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Baiiy,  Augustus  (J.  Baldwin,  John  D.  Baldwin, 
Baxter,  Beaman,  Blaine,  Blair,  Blow, Boutwell,  Boyd,  Bran- 
degee,  Broomall,  William  G.  Brown,  Ambrose  W.  Clark, 
Freeman  Clarke*,  Cobb,  Unffrnth,  Cole, Creswell,  Henry  Winter 
Davis,  Thomas  T.  Davis,  Dawes,  Deming,  Dixon,  Donnelly 
Driggs.  Diimont,  Eckley,  Eliot,  Farnsworth,  Frank,  Gar  field, 
•Gooch,  Grinnell,  Griswold,  Hale,  Iff.rrick,  Hi-by,  Hooper, 
Hotdikiss,  A.  W.  Ilubbard,  John  II.  Ilubbard,  Ilulburd, 
Ingersoll,  Jenckes,  Julian,  Kassou,  Kc-llev,  Francis  W. 
Kellogg,  Orlando  Kellogg,  Kinq,  Knox,  Littiejohn,  Loan, 
Longyear,  Marvin,  J/c>t  Mister,  McBride,  McClnr'g,  Mclndoe, 
Samuel  F.  Miller,  Moorhead,  Morrill,  Dan'l  Morris,  Amos  My 
ers,  Leonard  Myers,  Norton,  Odell,  Charles  O'Neill,  Orth,  Pat 
terson,  Perham,  Pike,  Pomeroy,  Price,  William  II.  Randall, 
Alexander  H.  Rice,  John  H.  Rice,  Edward  II.  Rollins, 
James  8,  Rollins,  Schenck,  Scofield,  Shannon,  Sloan,  Smith, 
Smithers,  Spalding,  Starr,  Stevens,  Thayer,  Thomas,  Tracy, 
Upson,  Van  Valkenburgli,  Eliihu  B.  VVashburne,  William 
l;.  Washburn,  Webster,  Whreler,  Williams,  Wilder.  Wilson, 
Windom,  Woodbridge,  Worthington,  Yeoman—  111. 

The  motion  to  reconsider  was  then  agreed 
to — yeas  112,  nays  57,  as  follows: 

YEAS— Messrs.  Alleyf  Allison,  Ames,  Anderson,  Arnold, 
Ashley,  Baily,  John  D.  Baldwin,  Baxter,  Beaman,  Blaine, 
Blair,  Blow,  Boutwell,  Boyd,  Brandegee,  Broomall,  Wil 
liam  G.  Brown,  Ambrose  W.Clark,  Freeman  Clarke,  Cobb, 
Coffrotk,  Cole,  Creswell,  Henry  Winter  Davis,  Thomas  T. 
Davis,  Dawes,  Deming,  Dixon,  Donnelly,  Driggs,  Diimont, 
Eckley.  Eliot,  English,  Farnsworth,  Frank,  Garfield,  Gooch, 
Grinnell,  Griswold,  Hale,  Jie.rrick,  Higby,  Hooper,  Hotch- 
kiss,  A.  W.  Ilubbard,  John  II.  Ilubbard,  Ilulburd,  In- 


inson,  Ross,  Scott,  William  G.  Steele,  Stiles.  Strouse,  ,V unrt, 
Sweat,  Townscnd,  Wadsworth,  Ward,  Chilton.A.  White, 
Joseph  W.  White,  Winfield,  Benjamin  Wood,  Fernando 
Wood— 56. 

THE  PRESIDENT'S  APPROVAL. 
The  joint   resolution  was   approved   by  the 

*1865,  February  4— The  delegates  from  certain  Territories 
obtained  permission  to  enter  this  paper  upon  the  Journal 
of  the  House : 

HOUSE  OF  REPRESENTATIVES, 

WASHINOTOX,  February  1, 1865. 

Representing  Territories  which  must  soon  become  States, 
.as  Delegates  deprived  of  the  inestimable  privilege  of  vot 
ing  in  this  House,  and  feeling  u  deep  interest  in  the  pro 
position  to  amend  the  Federal  Constitution  forever  prohib 
iting  slavery  within  the  jurisdiction  of  the  United  States, 
demanded  alike  by  the  exigencies  of  the  times,  the  voice 
of  the  loyal  people,  and  by  our  efforts  in  the  field  to  sup 
press  a  rebellion  inaugurated  and  sustained  for  the  pur 
pose  of  perpetuating  slavery,  we  cannot  do  less  than  bfette 
that  the  measure  meets  our  unqualified  approbation. 

H.  P.  BEN. NET,  Colorado. 

J.F.KINNE  V.Utah. 

S.  G.  DAILY,  Nebraska. 

CHARLES  1).  POSTON,  Arizona. 

J.  B.  S.  TODD,  Dacotah. 

W.  II.  WALLACE,  Idaho. 

FRANCISCO  PEREA,  New  Mexico. 

t  ABSENT— Messrs.  Lazear,  Le  Blond,  Marcy,  McDowell, 
AIcKinney,  Atiddleton,  Rogers,  Voorhces—S. 


APPENDIX. 


591 


PRESIDENT  February  1,  respecting  which,   the 
Senate,  February  7,  passed  this  resolution  : 

Resolrcd,  That  the  article  of  amendment  proposed  by  Con- 
jrress  to  be  added  ta  the  Constitution  of  the  United  States 
respecting  the  extinction  of  slavery  therein,  having  been 
inadvertently  presented  to  the  President  for  his  approval, 
it  is  hereby  declared  that  such  approval  was  unnecessary 
to  give  effect  to  the  action  of  Congress  in  proposing  said 
amendment,  inconsistent  with  the  former  practice  in  refer- 
once  to  all  amendments  to  the  Constitution  heretofore 
adopted,*  and  being  inadvertently  done,  should  not  consti 
tute  a  precedent  for  the  future ,  and  the  Secretary  is  hereby 
instructed  not  to  communicate  the  notice  of  the  approval  of 
said  proposed  amendment  by  the  President  to  the  House  of 
Representatives. 

A  concurrent  resolution  was  passed,  request- 
log  the  PRESIDENT  to  transmit  to.  the  Executives 
of  the  several  States  the  above  amendment. 

THE  RULE  OF  RATIFICATION. 

IN  SENATE. 

1865,  February  4 — Mr.  SUMNER  submitted  the 
following  resolutions,  which  were  ordered  to  be 
printed : 

Concurrent  resolutions  declaring  the  rule  in  ascertaining  the 
three-fourths  of  the  several  States  required  in  the  ratifica 
tion  of  a  constitutional  amendment. 

Whereas  Congress,  by  a  vote  of  two-thirds  of  both  houses, 
Las  proposed  an  amendment  to  the  Constitution  prohibiting 
slavery  throughout  the  United  States,  which,  according  to 
the  existing  requirementof  the  Constitution,  will  be  valid  to 
all  intents  and  purposes  as  part  of  the  Constitution,  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
States ;  and  whereas,  in  the  present  condition  of  the  country, 
with  certain  States  in  arms  against  the  national  government,  , 
it  becomes  necessary  to  determine  what  number  of  States  j 
constitutes  the  three-fourths  required  by  the  Constitution; 
therefore, 

Resolrcd  by  the  Senate,  (the  House  of  Representatives  con 
curring.)  That  the  rule  followed  in  ascertaining  the  tivo- 
thirds  of  both  houses  proposing  the  amendment  to  the  Con 
stitution  should  be  followed  in  ascertaining  the  three-fourths 
of  the  several  States  ratifying  the  amendment;  that,  as  in 
the  first  case,  the  two-thirds  are  founded  on  the  simple  fnct 
of  representation  in  the  two  houses,  so  in  the  second  case, 
the  three-fourths  miust  be  founded  on  the  simple  fact  of  ro- 
presentation  in  the  government  of  the  country,  and  tho 
support  thereof,  and  that  any  other  rule  establishes  one 
basis  for  the  proposition  of  the  amendment  and  another  for 
its  ratification,  placing  one  on  a  simple  fact  and  the  other  on  i 
a  claim  of  right,  whilt  it  also  recognizes  the  power  of  rebels  i 
in  arms  to  interpose  a  veto  ni  on  the  national  government  I 
in  one  of  its  highest  functions. 

Resrtci'.d,  That  all  acts,  executive  and  legislative,  in  pur-  I 
suance  of  the  Constitution,  and  all  treaties  made  under  the 
authority  of  tho  United  States,  aie  valid  to  all  intents  and 
purposes  throughout  the  United  States,  although  certain 
rebel  States  fail  to  participate  therein;  and  that  the  same 
rule  is  equally  applicable  to  an  amendment  of  the  Consti 
tution. 

Jb-solved,  That  the  amendment  of  the  Constitution,  pro 
hibiting  slavery  throughout  the  United  States,  will  he  valid, 
to  all  intents  and  purposes,  as  part  of  the  Constitution 
whenever  ratified  by  three-fourths  of  the  States  d<-  /'acto 
exercising  the  powers  and  prerogatives  of  the  United  States 
under  tho  Constitution  thereof. 

Rf solved,  That  any  other  rule,  requiring  the  participation  | 
of  the  rebel   States,  while   illogical  and  unreasonable,  is  j 
dangerous  in  its  consequences,  inasmuch  as  all  recent  Presi-  i 
oVntial  proclamations,  including  that  of  emancipation,  also, 
ail  rcc<-nt  acts  of  Congress,  including  those  creating  the  ' 
national  debt  and   establishing  a  national   currency:  and  j 
also  all  recent  treaties,   including  the   treaty  with  Great 
Britain  for  the  extinction  of  the  slave  trade,  have  been  made, 
«iafted,  or  ratified  respectively  without  any  participation 
of  the  rebel  States. 

M'soti-nd,  That  any  other  rule  must  tend  to  postpone  the 
great  day  when  the  prohibition  of  slavery  will  be  valid  to 
all  intents  and  purposes  as  part  of  the  Constitution  of  the 
tinted  States;  but  the  rule  herewith  declared  will  assure 
thu  immediate  ratification  of  the  prohibition  and  the  con 
summation  of  the  national  desires. 


PROPOSED    COMPKNSATION     TO     LOYAL     SLAVE 
OWNERS. 

IN  HOUSE  OF  REPRESENTATIVES. 
1865,  February  6 — Mr.  ROLLINS,  of  Missouri, 
introduced  the  following  joint  resolution,  which 
was  laid  over  : 

Whereas  the  Senate  and  House  of  Representatives  of  the 
Congress  of  the  United  States  having  passed,  on  the  Gist 
day  of  Januarj',  1865,  a  joint  resolution  to  submit  to  the 
Legislatures  of  the  several  States  an  amendment  to  the 
Constitution  of  the  United  States,  which  joint  resolution 
is  as  follows: 

"Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  following  article  bo  proposed  to  the  Legislatures  of  the 
several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three-fourths  of 
said  Legislatures,  shall  be  valid,  to  all  in  tents  and  purposes, 
as  a  part  of  the  said  Constitution,  namely : 

"ART.  XIII.  SEC.  1.  Neither  slavery  nor  involuntary  ser 
vitude,  except  as  a  punishment  for  crime,  whereof  the 
party  shallhave  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

"SEC.  2.  Congress  shall  have  power  to  enforce  this  arti 
cle  by  appropriate  legislation." 

And  whereas  by  the  ratification  of  this  amendment  by 
three-fourths  of  the  several  States  »11  persons  heretofore 
held  as  slaves  under  the  la  ws  of  certain  States  of  the  Union 
will  be -made  free;  and  in  consequence  thereof  a  large  num 
ber  of  citizens,  (among  them  many  widows  and  orphans,) 
their  former  owners,  who  are,  have  always  been,  or  may 
be  willing  to  again  become  faithful  to  the  Government  of 
the  United  States,  and  who  have  not  been  in  the  civil  or 
military  service  of  the  so-called  Confederate  States,  will  be 
subjected  to  heavy  pecuniary  losses ;  and  whereas  this  being 
a  measure  necessary  to  "form  a  more  perfect  Union,  estab 
lish  justice"  to  all  men,  "insure  domestic  tranquillity/' 
"  promote  tho  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves"  and  future  generations,  in  the  attain 
ment  of  which  great  objects  the  people  of  all  the  States 
have  a  common  interest  and  for  their  establishment  should 
make  mutual  sacrifices ; 

Be  it  therefore  resolved,  a°-c.,  That  all  persons  faithful  to 
the  Constitution  and  obedient  to  the  laws  of  the  United 
Stabs,  residents  of  any  State  that  shall  ratify  the  amend 
ment  to  the  Constitution  of  the  United  States*  proposed  to 
the  Legislatures  of  the  several  States  by  tho  Congress  of 
the  United  States  on  the  olst  day  of  January,  1865,  who 
have  not  been  in  the  civil  or  military  service  of  the  so- 
called  Confederate  States,  and  who  have  been  deprived  of 
the  services  of  these  slaves,  heretofore  recognized  by  law 
as  property  by  said  amendment,  or  by  any  act  or  ordinance 
of  emancipation  of  any  State  of  the  United  States,  shall 
receive  therefor  a  just  and  reasonable  compensation;  said 
compensation  to  bo  provided  for  by  the  United  States 
Government  without,  unreasonable  delay. 


*Tlic  amendment  pmpnsed  by  the  36th  Congress  was  ap- 
timred  by  President  Buchanan,  March  2,  1861.  See  Statutes 
at  lurye,  vol.  1:2,  p.  251. 


OTHER  PROPOSITIONS  FOR  AMEND- 
MEJMT. 

APPORTIONMENT    OF    REPRESENTATION.* 

IN  SENATE. 

1865,  February  5 — Mr.    SUMNER  offered   the 

*  Letter  of  Prof.  Francis  Lieber,  LL.  D.,  Columbia  Col 
lege,  .New  York,  to  Senator  Morgan: 

SIR  :  As  the  election,  on  the  8th  of  November  last,  has 
added  one  of  the  highest  national  acts  to  the  history  of  our 
kind,  so  the  amendment  of  the  Constitution  which  yester 
day  passed  the  House  of  Representatives,  will  bo  the  great 
est  effect  of  the  present  revolt,  if,  as  wo  all  hope,  three- 
fourths  of  the  State  Legislatures  shall  give  their  assent. 

The  same  year,  1788,  saw  the  framing  of  our  Constitu 
tion  and  the  first  cultivation  of  the  cotton-plant  in  Geor 
gia;  and  in  course  of  time  this  textile  plant  gave  renewed 
vitality  and  expansion  to  slavery,  festering  in  our  great 
polity,  until  the  gangrene  broke  out  in  the  deep  woo  of  a 
wide  and  bitter  civil  war.  The  year  1865  will  cure  our  sys 
tem  of  this  poisonous  malady.  Seventy-seven  years  is  a 
long  period  ;  the  reckless  rebellion  has  brought  grief  to  all 
and  anguish  to  many  hearts,  but  if  the  effect  of  the  fevered 
period  be  the  throwing  off  of  the  malignant  virus,  the  Na 
tion  will  stand  purified,  and  the  dire  inconsistency  which 
has  existed  so  long  between  our  Bill  of  Rights  of  the  Fourth 
of  July  and  our  fostering  protection  of  extending  bondage, 
will  at.  last  pass  away.  The  sacrifices  which  we  have  made 
will  not  have  been  too  great. 

The  amendment  which  is  now  offered  to  the  American 
people  runs  thus: 

"Neither  slavery  nor  involuntary  servitude,  except  as  a 


592 


APPENDIX. 


following,  which  was  referred  to  the  Commit 
tee  on  the  Judiciary  : 

Resolved,  (two  thirds  of  both  Houses  concurring,)  That 

punishment  for  crime,  whereof  the  parti/  shall  have  been 
duly  convicted,  shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction." 

These  are  simple  and  straightforward  words,  allowing  of 
no  equivocation,  yet,  considered  in  connection  with  some 
passages  of  the  Constitution,  they  require  some  remarks, 
which  I  address  to  you,  Sir,  as  one  of  the  United  States 
Senators  from  New  York,  and  as  my  neighbor  in  this 
city. 

The  amendment  extinguishes  slavery  in  the  whole  domin 
ion  of  the  United  States.  The  Constitution  as  it  now 
staii  ds,  (Article  1,  section  2,  paragraph  3,)  however,  directs 
that  representatives  -'shall  be  apportioned  among  the 
several  States,  which  may  be  included  within  the  Union, 
according  to  their  respective  numbers,  which  shall  be  deter 
mined  by  adding  to  the  whole  number  of  free  persons,  in- 
dialing  those  bound  to  service  for  a  term  of  years,  and, 
excluding  Indians  not  taxed,  three-fifths  of  all  other  per 
sons." 

If,  then,  "all  other  persons" — that  is,  slaves — are  de- 
dared  free,  and  the  foregoing  provision  of  the  Constitution 
is  not  amended,  we  simply  add  two-fifths  to  the  basis  of 
apportionment  of  Representatives  in  the  Southern  States; 
in  other  words,  the  number  of  Representatives  in  Congress 
from  the  States  in  which  slavery  has  existed  will  be  in 
creased  by  the  present  amendment.  As,  however,  these 
States,  and  especially  those  in  which  the  colored  citizens 
exceed  in  number  the  whites,  will  not  give  the  common 
suffrage  to  the  citizens  of  African  extraction  (us,  indeed, 
many  of  the  Northern  States — for  instance  Pennsylvania — 
do  not  give  it,  and  as  other  States  give  the  riglit  of  voting 
to  colored  people  on  the  condition  of  possessing  freeholds 
only,)  the  result  of  the-  amendment  as  now  proposed,  with 
out  a  supplementary  amendment,  would  be  an  increased 
number  of  Southern  Representatives  in  Congress  of  the 
same  number  of  white  citizens.  In  this  case  the  Rebellion, 
though  ultimately  subdued  at  the  cost  of  torrents  of  our 
blood  and  streams  of  our  wealth,  would  bo  rewarded  with 
an  enlarged  representation.  No  loyal  citi/.en  can  wish  for 
such  a  consummation.  How  is  the  difficulty  to  be  avoided  ? 

Let  us  first  remember  the  following  three  points: 

1.  In  the  practice  of  every  Stato  of  the  Union  those  citi 
zens  vote  for  electors  of  the  President  of  the  United  States 
who  have  a  riglit  to  vote  for  Representatives  in  Congress. 
Immediately  after  the  adoption  of  the  Constitution  of  the 
United  States,  the  Legislatures  of  several  States  elected  the 
electors ;  but  a  more  national  spirit  soon  prevailed,  and  in 
all  the  different  States  of  the  Union  the  people  elected  the 
ejectors,  except  in  South  Carolina.     There  the  Legislature 
retained  the  election  of  electors  down  to  the  breaking  out 
of  the  rebellion,  on  the  avowed  ground  that  thus  the  State 
obtained  a  greater  influence,  this  election  of  electors  in 
South  Carolina  always  taking  place  after  the  election  by 
the  people  had  been  consummated  in  all  the  other  States. 

2.  In  every  State  those  citizens  who  have  a  right  to  vote 
for  the  most  numerous  branch  of  the  State  Legislature, 
have  also  the  right  to  vote  for  members  of  Congress. 

3.  In  every  State  of  the  Union  it  is  the  State  itself  which 
determines  by  its  own  Constitution,  who  shall  have  the 
right  to  vote  for  members  of  the  Stato  Legislature. 

These  considerations,  then,  would  lead  to  the  suggestion, 
that  the  apportionment  of  members  of  Congress  ought  to 
be  made  according  to  the  numbers  of  citizens  who  in  each 
State  have  the  right  to  vote  for  the  State  Legislature,  or 
for  its  most  numerous  branch. 

This  suggestion  may  be  expressed  in  an  amendment  ad 
ditional  to  the  one  just  passed,  in  such  words  as  those: 

"Representatives  shall  be  apportioned  among  the  several 
States  which  may  bo  included  within  this  Union,  accord 
ing  to  the  respective  numbers  of  male  citizens  of  age  hav 
ing  the  qualifications  requisite  for  electing  members  of  the 
most  numerous  branch  of  the  respective  State  Legislatures. 
The  actual  enumeration  of  said  citizens  shall  be  regularly 
made  by  the  census  of  the  United  States,  but  a  special  cen 
sus  shall  take  place  before  the  next  new  apportionment 
of  representatives  shall  be  made  by  the  Congress  of  the 
United  States." 

You  will  observe  that  the  words  used  in  this  proposition 
of  an  amendment  have  been  taken,  as  far  as  it  was  feasible, 
from  the  Constitution  itself.  Article  1,  section  2,  para 
graphs  1  and  3. 

Believing,  as  I  do,  tb>at  this  subject  deserves  the  atten 
tion  of  the  American  people,  I  have  not  hesitated  to  make 
use  of  your  permission  to  address  to  you  this  public  letter, 
and  have  the  honor  to  be,  sir,  your  very  obedient, 

FRANCIS  LIBBER. 

NEW  YORK,  Feb.  1, 1866. 

Hon.  E.  D.  MORGAN,  Senator  of  the  United  States,  Wash 
ington,  D.  C. 


the  following  article  bo  proposed  to  the  Legislatures  of  the 
several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three-fourths  of 
such  Legislatures,  shal  become  a  part  of  the  Constitution,  to 
wit: 

Representatives  shall  be  apportioned  among  the  several 
States  which  may  be  included  within  this  Union,  according 
to  the  number  of  male  citizens  of  age  having  in  each  State 
the  qualifications  requisite  for  electors  of  the  most  numer 
ous  branch  of  the  State  Legislature.  The  actual  enumera 
tion  of  such  citizens  shall  be  made  by  the  census  of  the 
United  States. 

February  22 — Mr.  TRUMBULL,  from  the  com 
mittee,  reported  adversely  upon  it. 

IN  HOUSE  OF  REPRESENTATIVES. 

1864,  December   7— Mr.    SLOAN    offered   the 
following  resolution  : 

Resolved,  That  the  Judiciary  Committee  be  instructed  to 
inquire  into  the  expediency  of  so  amending  section  two  of 
article  one  of  the  Constitution  of  the  United  States,  that 
Representatives  in  Congress  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  the  Unionr 
according  to  their  respective  numbers  of  qualified  electors, 
and  to  report  by  bill  or  otherwise. 

Which  was  adopted — yeas  60,  nays  55,  as 
follows  : 

YEAS — Messrs.  Alley,  Allison,  Ames.  Arnold,  Saily,  John 
D.  Baldwin,  Baxter,  Beaman,  Blow,  Boutwell,  Boyd, 
Broomall,  Ambrose  W.  Clark,  Cobb,  Cole,  Donnelly,  Drigga, 
Eckley,  Eliot,  Farnsworth,  Garfield,  Grinnell,  Hooper, 
Asahel  W.  Hubbard.  Hulburd,  Ingersoll,  Julian,  Kasson, 
Kelley,  Orlando  Kellogg,  Longyear,  Marvin,  McBride,  Me, 
Clurg,  Moorhead,  Alorrill,  Daniel  Morris,  Leonard  Myers- 
Norton,  Charles  O'Neill,  Orth,  Patterson,  Perhaui,  Price, 
William  II.  Randall,  Alexander  II.  Rice,  John  II.  Rice, 
Schenck,  Shannon,  Sloan,  Spalding.  Starr,  Stevens,  Thomas, 
Upson,  Van  Valkenburgh,  Ellihu  B.  Washburne,  Wheeler, 
Williams,  Wilson— 60. 

NAYS — Messrs.  James  C.  Allen,  Ancona,  Augustus  C. 
Baldwin,  Blair,  Bliss,  Brandegee,  Brooks,  Janus  S.  Brown, 
Chattier,  Coffroth,  Cox,  Dawes,  Dawson,  Deming,  Denison, 
Dixon,  Eden,  English,  Ft  nek,  Frank,  Ganson,  Grider,  Hard 
ing,  Harrington,  Holman,  J.  H.  Hubbard,  Jeuckes,  Kalb- 
Jteisch,  Kernan,  Law,  Le  Blond,  Marcy,  Middldon,  William 
H.  Milter,  James  R.  Morris,  Morrison,  Noble,  Odell,  John 
O'Neill,  Pendleton,  Prutjn,  Radford,  Rogers,  Scott,  Smith, 
Smithers,  John  B.  Steele,  William  G.  Steele,  Stiles,  Strouset 
Stuart,  Sweat,  Townsend,  Webster,  Whaley,  Fernando 
Wood—bb. 

1865,  January    16 — Mr.  SLOAN    introduced 
a   bill  to   submit   to  the  Legislatures   of  the 
several  States  this  proposition  : 

ART.  XIII.  SEC.  1.  Representatives  in  Congress  shall  be 
apportioned  among  the  several  States  which  may  be  included 
within  this  Union,  according  to  their  respective  numbers 
of  qualified  electors.  The  actual  enumeration  shall  be 
made  in  the  year  1870,  and  within  every  subsequent  term 
of  ten  years,  in  such  manner  as  Congress  shall  by  law  di 
rect. 

SEC.  2.  Direct  taxes  shall  be  apportioned  among  the  sev 
eral  States  according  to  the  appraised  value  of  taxable 
property  therein  respectively.  The  rule  of  appraisal  and 
taxation  shall  be  uniform. 

Referred  to  the  Committee  on  the  Judiciary, 
and  not  reported  upon. 

TO  AUTHORIZES  THE  TAXING  OF  EXPORTS. 

IN  SENATE. 

1865,  January  23 — Mr.  DIXON  offered  this 
joint  resolution: 

Resolved,  tie.,  (two-thirds  of  both  Houses  concurring,) 
That  in  lieu  of  the  fifth  paragraph  of  the  ninth  section  of 
the  first  article  of  the  Constitution  of  the  United  States,  the 
following  be  proposed  as  an  amendment  to  the  Constitution 
of  the  United  States,  which,  when  ratified  by  three-fourths 
of  the  legislatures  of  the  several  States,  shall  be  valid  to  all 
intents  and  purposes  as  part  of  the  said  Constitution,  to  wit : 

The  Congress  shall  have  power  to  lay  a  tax  or  duty  on 
articles  exported  from  any  State. 

February  22 — Mr.  TRUMBULL,  from  the  com 
mittee,  reported  adversely,  deeming  it  injudi 
cious  and  unadvisable  at  this  time  to  propose 
that  amendment  to  the  Constitution. 


APPENDIX. 


593 


IN  HOUSE  OF  REPRESENTATIVES. 

1864,  December  5— Mr.  DAVIS,  of  Maryland, 
offered  the  following,  which   was  referred  to 
the  Committee  on  Ways  and  Means  : 

Resolved,  That  the  Committee  on  Ways  and  Means  be 
instructed  to  report  a  bill  for  the  amendment  of  the  Consti 
tution,  providing  that  so  much  of  the  ninth  section  of  the 
first  article  of  the  Constitution  as  declares  that  "  no  tax  or 
duty  shall  be  laid  on  articles  exported  from  any  State  "  be, 
and  the  same  is  hereby,  annulled. 

The  Committee  made  no  report.  (See  page 
259  for  Mr.  Elaine's  proposition  on  same  sub 
ject  ) 

TO    RECOGNIZE    THE    CHRISTIAN    RELIGION. 

IN  SENATE. 

1865,  February  22 — Mr.  TRUMBULL,  from  the 
Judiciary  Committee,  asked  to  be  discharged 
from  the  further   consideration  of  the  memo 
rial  of  the  Presbytery  of  Cincinnati  of  September 
20,  1864,  and  the  petition  of  citizens  for  such  an 
amendment  to  the  Constitution  as  will  more  fully 
recognize  the  obligations  of  the  Christian  reli 
gion,  and  of  the  memorial  of  the  Executive  Com 
mittee  of  the  Board  of  Delegates  of  the  Ameri 
can  Israelites   protesting  against  said  amend 
ment. 

TRANSFER  OF  A  GUNBOAT  TO  LIBERIA. 

IN  SENATE. 

1864,  December  15— The  Senate  passed  a  bill 
to  authorize  the  President  to  transfer  a  gun 
boat  to  the  government  of  Liberia,  (as  recom 
mended  in  his  message,)  by  a  vote  of  yeas  33, 
nays  9,  as  follows  : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Clark,  Colla- 
mer,  Conness,  Cowan,  Dixon,  Doolittle,  Farwell,  Foot,  Foster, 
Grimes,  Harlan,  Harris,  Henderson,  Howard,  Johnson, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Pomeroy,  Ham 
sey,  Sherman,  Sprague,  Sumner,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Wade,  Wilkinson,  Willey,  Wilson— 33. 

NATS — Messrs.  Buckalevj,  C'arlile,  Davis,  Harding,  Hen- 
dricks,  Nesmith,  Powell,  Riddle,  Wright— 9. 

The  bill  was  not  reached  in  the  House. 

TO  REMOVE    DISQUALIFICATION    OF    COLOR  IN  CAR 
RYING  THE  MAILS. 

IN  SENATE. 

LS64,  December  19— The  following  bill,  (see 
p.  240)- 

That  from  and  after  the  passage  of  this  act  no  person,  by 
reason  of  color,  shall  be  disqualified  from  employment  in 
carrying  the  mails,  and  all  acts  and  parts  of  acts  establish 
ing  such  disqualiiication,  including  especially  the  seventh 
section  of  the  act  of  March  3, 1825,  are  hereby  repealed— 

Passed  the  Senate —  • 

YEAS— Messrs.  Anthony,  Brown.  Clark,  Conness,  Dixon, 
Doolittle,  Farwell,  Foot,  Foster,  Grimes,  Ilarlan,  Harris,  Hen 
derson,  Howe,  Lane  of  Indiana,  Lane  of  Kansas,  Morgan, 
Pomeroy,  Ramsey,  Sherman,  Sprague,  Sumner,  Van  Winkle, 
Wilkinson,  Willey,  Wilson— 36. 

NAYS — Messrs.  Davis,  Powell,  Richardson,  Riddle,  Wright 
— 5. 

Mr.  JOHNSON  explained  that  he  would  have 
voted  "  aye"  if  present  in  time. 

1865,  March  3 — The  House  considered  the 
bill.     Mr.  EDEN  moved  that  it  be  laid  on  the 
table,  which  was  lost — yeas  30,  nays  65,  as  fol 
lows: 

YEAS — Messrs.  Ancona,  Bliss,  James  S.  Brown,  CJianler, 
Coffroth,  Cox,  Cravens,  Eden,  Edgerton,  Eldridge,  Finck, 
Knapp,  Knox,  L?.  Blond,  Long,  Marcy,  Middleton,  James  R. 
Morris,  JVoWe,  John  O'Neill,  Price,  Pruyn,  Samuel  J.  Ran 
dall,  William  II.  Randall,  Ross,  Scott,  Siiles,  Strouse,  Town- 
stnd,  Chilian  A.  White— 30. 

NAYS— Messrs  Allison,  Ames,  Arnold,  Ashley,  Baily,  John 
D.  Baklwiu,  Baxter,  Beaman,  Blow,Boutwell,  Boyd.Brooin- 
38 


all,  Ambrose  W.  Clark,  Cobb,  Cole,  Creswell,  Henry  Win 
ter  Davis,  Dawes,  Dixou,  Eckley,  Eliot,  Farnsworth,  Frank, 
Garfield,  Gooch,  Grinnell,  Griswold,  Higby,  Asahel  W. 
Hubbard,  John  H.Hubbard,  Hulburd,  Ingersoll,  Jenckes, 
Kelley,  Littlejohn,  Longyear,  Marvin,  McBride,  McClurg, 
Samuel  F.  Miller,  Moorhead,  Morrill,  Norton,  Charles 
O'Neill,  Orth,  Patterson,  Perham,  Pomeroy,  Alexander  H. 
Rice,  John  H.  Rice,  Schenck,  Scofield,  Shannon,  Sloan, 
Smithers,  Thayer,  Upson,  Van  Valkeuburgh,  Ellihu  B. 
Washburne,  Williams,  Wilder,  Wilson,  Wiudom,  Wood- 
bridge,  Worthiugton — 65. 

It  then  passed  without  a  division. 

EXCLUSION  OF  COLORED  PERSONS  FROM  THE  CABS. 

IN  SENATE. 

Pending  the  bill  to  incorporate  the  Baltimore 
and  Washington  Depot  and  Potomac  Ferry 
Railway  Company, 

1865,  January  I1? — Mr.  SUMNER  moved  to 
add  this  proviso  : 

Provided,  That  no  person  shall  be  excluded  from  any 
car  on  account  of  color. 

Which  was  agreed  to — yeas  24,  nays  6,  as  fol 
lows  : 

YEAS — Messrs.  Anthony,  Brown,  Clark,  Collamcr,  Con- 
ness,  Dixon,  Farwell,  Foot,  Foster,  Ilarlan,  Harris,  Hender 
son,  Hicks,  Howard,  Howe,  Morgan,  Morrill,  Ramsey, 
Sherman,  Sprague,  Sumner,  Van  Winkle,Willey,  Wilson — 24. 

NAYS — Messrs.  Davis,  Hendricks,  Powell,  Richardson, 
Riddle,  Saulsbury — 6. 

This  bill  did  not  finally  pass. 

Pending  the  supplement  to  the  charter  of 
the  Metropolitan  Railroad  Company  in  the 
District  of  Columbia,  (the  Senate  being  in  Com 
mittee  of  the  Whole,) 

1865,  February  4 — Mr.  SUMNER  moved  thi-s 
new  section : 

That  the  provision  prohibiting  any  exclusion  from  any 
car  on  account  of  color,  already  applicable  to  the  Metropol 
itan  railroad,  is  hereby  extended  to  every  other  railroad  in 
the  District  of  Columbia. 

Which  was  not  agreed  to — yeas  19,  nays  20, 
as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Clark,  Collamer,  Far- 
well,  Foot,  Ilarlan,  Harris,  Henderson,  Howard,  Howe,  Lane 
of  Kansas,  Morgan,  Nye,  Pomeroy,  Ramsey,  Stewart, 
Sumner,  Wilson— 19. 

NAYS — Messrs.  Buckalew,  Conness,  Cowan,  Davis,  Dix 
on,  Doolittle,  Hale,  Hendricks,  Johnson,  Lane  of  Indiana, 
Morrill,  Nesmith,  Powell,  Richardson,  Saulsbury,  Ten  Eyck, 
Trumbull,  Van  Winkle,  Willey,  Wrightr-2Q. 

Immediately  after,  Mr.  SUMNER  renewed  it 
in  open  Senate.  ^ 

February  6 — It  was  agreed  to — yeas  26,  nays 
10,  as  follows  : 

YEAS— Messrs.  Anthony,  Brown,  Chandler,  Collamer, 
Conness,  Dixon,*  Doolittle,  Farwell,  Foot,  Foster,  Grimes, 
Harris,  Howard,  Johnson,  Lane  of  Indiana,  Lane  of  Kan 
sas,  Morgan,  Morrill,  Nye,  Pomeroy,  Ramsey,  Stewart, 
Sumner,  Wade,  Willey,  Wilson— 26. 

NAYS — Messrs.  Cowan,  Davis,  Henderson,  Hendricks, 
Nesmitlt,  Powell,  Richardson,  Saulsbury,  Van  Winkle,  Wright, 

IN  HOUSE  OF  REPRESENTATIVES. 

February  22— Mr.  THOMAS  T.  DAVIS,  from 
the  Committee  on  the  District  of  Columbia,  re 
ported  the  bill  with  sundry  amendments,  one 
of  which  was  to  strike  out  the  above  section  and 
insert  the  following : 

SEC.  5.    That  the  provision  prohibiting  any   exclusion 


*  Mr.  Dixon  mado  this  explanation,  February  6  : 
I  wish  to  say  in  regard  to  this  amendment,  that  I  opposed 
it  on  Saturday  on  the  ground  that  it  seemed  to  conflict 
with  therights  ofanothei  company  not  now  before  the  Sen 
ate  :  but  since  that  time  I  have  seen  the  managers  and  coi*. 
trollers  of  that  company,  and  find  that  they  are  unwilling 
to  contend  on  this  subject  with  what  they  considered  to  be 
the  public  opinion.  They  therefore  make  no  objection  to 
it;  and  I  shall  make  none. 


594 


APPENDIX. 


from  any  car  on  account  of  color,  already  applicable  to  the 
Metropolitan  railroad,  is  hereby  repealed. 

March  2 — By  unanimous  consent  all  the 
amendments  were  withdrawn,  and  the  Senate 
bill  passed  without  a  division. 

PASSES  FOR  COLORED    PERSONS    LEAVING  THE    DIS 
TRICT    OF    COLUMBIA. 

IN  HOUSE  OF  REPRESENTATIVES. 
1865,  March  3 — Mr.  SCHENCK,  from  the  Mili 
tary  Committee,  reported  this  resolution: 

Resolved,  That  in  the  judgment  of  this  House  the  order 
of  the  major  general  commanding  the  department  of  Wash 
ington  and  the  twenty-second  Army  corps,  issued  on  the 
12(h  day  of  July,  1864,  directing  that  no  colored  man 
should  be  allowed  to  leave  Washington  city  going  North, 
without  a  pass,  is  a  regulation  which  makes  an  odious  dis 
crimination,  in  conflict  with  the  law  of  the  United  States, 
which  has  declared  free  alike  all  citizens  and  residents  of 
the  District  of  Columbia ;  and  that  the  President  is  hereby 
requested  to  direct  said  military  order  to  be  at  once  re 
voked. 

Which  was  adopted,  yeas  75,  nays  24,  a3  fol 
lows  : 

YEAS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  Baily,  John 
D.  Baldwin,  Baxter,  Beamau,  Bliss,  Blow,  Boutwell,  Boyd, 
Broomall,  Ambrose  W.  Clark,  Cobb,  Cole,  Creswell,  Henry 
Winter  Davis,  Thomas  T.  Davis,  Dixon,  Driggs,  Eckley, 
Eliot,  Farnsworth,  Frank,  Garfield,  Gooch,  Griunell,  Gris- 
wold,  Hale,  Higby,  Asahel  W.  Hubbard,  John  H.  Hubbard, 
Hulburd,  Ingersoll,  Kasson,  Kelley,  Francis  W.  Kellogg, 
Littlejohn,  Longyear,  Marvin,  McAllister, McBride,  McClurg, 
Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel  Morris,  Amos 
Myers,  Norton,  Oddl,  Charles  O'Neill,  Orth,  Patterson,  Per- 
ham,  Pike,  Pomeroy,  Price,  Alexander  II.  Rice,  John  II. 
Rice.  Schenck,  Scofiold,  Shannon,  Smithers,  Thayer,  Tracy, 
Upson,  Ellihu  B.  Washburue,  William  B.  Washburn,  Wil 
liams,  Wilder,  Wilson,  Wiudom,  Woodbridge,  Worthing- 
ton— 75. 

NAYS — Messrs.  Ancona,  Augustus  C.  Baldwin,  Coffrolh,  Cox, 
Cravens,  Eden,  Eldridge,  Knapp,  McKinney,  James  R.  Mor 
ris,  Morrison,  John  O'Neill,  Pendleion,  Pruyn,  Samuel  J. 
Randoll,  Ross,  Scott,  John  B.  Steele,  Stiles,  Strouse,  Town 
send,  Voorhees,  Whaley,  WheeUr— 24. 


BUREAU  OF  FREEDMEN'S   AFFAIRS. 
The  condition  of  this  bill  at  the  close  of  the 
first  session  of  the  Thirty-eighth  Congress   is 
stated  on  page  260. 

1864,  December  20 — The  House  disagreed  to 
the  Senate  amendments,  and  requested  a  com 
mittee  of  conference,  to  which    the  Senate   as 
sented.     The   committee    consisted  of  Messrs. 
Eliot  of  Mass.,  Kelley  of  Penna.,  and  Noble  of 
Ohio,  on  the  part  of  the   House,  and   Messrs. 
Sumner    of  Mass.,   Howard    of   Michigan,    and 
Buckaleiv  of  Penna.,  on  the  part  of  the  Senate. 

1865,  February  2 — The   Committee  reported 
a  bill  with  these  features  : 

A  department  of  freedmen  and  abandoned 
lands  is  established,  to  be  administered  by  a 
commissioner  to  be  appointed  by  the  President 
with  the  consent  of  the  Senate,  at  an  annual 
salary  of  $4,000,  with  prescribed  subordinates. 
The  commissioner  is  authorized  to  create  dis 
tricts,  not  to  exceed  two  in  each  rebel  State, 
when  sufficiently  brought  under  the  military 
power  of  the  United  States,  each  to  be 
under  the  supervision  of  an  assistant  com 
missioner,  at  an  annual  salary  of  $2,500,  who 
is  to  appoint  four  local  superintendents  and 
clerks  in  each  district  at  an  annual  salary  of 
$1,500.  The  commissioner  to  have  the  gen 
eral  superintendence  of  all  freedmen  ;  to  watch 
over  the  execution  of  all  laws,  proclamations, 
and  military  orders  of  emancipation,  or  in  any 
way  concerning  freedmen  ;  to  establish  neces 
sary  regulations  to  protect  in  their  rights  the 


freedmen,  who  are  to  be  treated  in  all  respects 
as  free  men,  with  all  proper  remedies  in  courts 
of  justice,  &c.  The  assistant  commissioners 
are  to  tako  possession  of  all  abandoned  real 
estate  belonging  to  disloyal  persons,  and  all 
real  estate  to  which  the  United  States  have 
title,  or  of  which  the  United  States  have  pos 
session,  and  not  already  appropriated  to  gov 
ernment  uses,  and  all  property  found  on  and 
belonging  to  such  estate,  and  to  lease  them  to 
freedmen  on  such  terms  as  may  be  agreed  upon, 
or  to  others  if  not  required  for  freedmen,  the 
leases  to  be  for  one  year.  Existing  leases  made 
by  special  agents  of  the  Treasury  Department 
are  confirmed.  Whenever  the  commissioner 
cannot  otherwise  employ  any  of  the  freedmen 
who  may  come  under  his  care,  he  shall,  so  far 
as  practicable,  make  provision  for  them  with 
humane  and  suitable  persons,  at  a  just  com 
pensation  for  their  services.  The  commissioner 
to  report  annually  to  Congress.  Al!  assistant 
quartermasters,  local  superintendents,  and 
clerks,  as  well  as  supervising  special  agents, 
are  declared  to  be  in  the  military  service  of  the 
United  States,  and  liable  to  trial  by  court-mar* 
tial  or  military  commissions.  Section  13  ap 
plies  to  confiscation,  and  is  as  follows : 

That  the  last  clause  of  a  joint  resolution  explanatory  of 
"  An  act  to  suppress  insurrection,  to  punish  treason  and  re 
bellion,  to  seize  and  confiscate  the  property  of  rebels,  and 
for  other  purposes,"  approved  July  17, 1862,  be,  and  the 
same  is  hereby,  repealed. 

A  motion  to  table  the  report  was  lost — yeas 
67,  nays  83. 

February  9 — The  report  was  adopted — yeas 
64,  nays  62,  as  follows  : 

YEAS — Messrs.  Allison,  Ames,  Arnold,  Ashley,  John  D. 
Baldwin,  Baxter,  Beaman,  Boutwell,  Boyd,  Broomall, 
Ambrose  W.  Clark,  Cobb,  Cole,  Dawes,  Deming,  Donnelly, 
Eckley,  Eliot,  Frank,  Grinnell,  Hooper,  John  H.  Hubbard, 
Hulburd,  Ingersoll,  Jenckes,  Julian,  Kasson,  Kelley,  Or 
lando  Kellogg,  Kuox.  Littlejohn.  Loan,  Longvear,  Marvin, 
McBride,  McClurg,  Mclndoe,  Samuel  F.  Miller,  Morrill, 
Amos  Myers,  Leonard  Myers,  Norton,  Charles  O'Neill, 
Orth,  Patterson,  Pike,  Pomeroy,  Alexander  H.  Rice,  Johu 
H.Rice,  Edward  II.  Rollins,  Scofield,  Sloan,  Spalding.  Starr. 
Stevens,  Thayer,  Upson,  Van  Valkenburgli,  William  P. 
Washburn,  Wilder,  Wilson,  Windom.  Woodbridge,  Worth- 
ington — 64. 

NATS — Messrs.  James  C.  Allen,  Aneona,  Baily ,  Augustus 
C.  Baldwin,  Brooks,  William  G.  Brown,  Chanter,  Clay, 
Coffroth,  Cox,  Cravens,  Thomas  T.  Davis,  Dawson,  Edger- 
ton,  Eldridge,  English,  Finck,  Gannon.  Grider,  Hall,  Hard 
ing,  Benjamin  G.  Harris,  Charles  M.  Harris,  Holman,  Philip 
Jolmson,  Kalbjlcisch,  King,  Knapp,  Le  Blond,  Long,  Mai- 
lory,  McAllister,  McKinney,  Middleton,  William  H.  Miller, 
James  R.  Morris,  Nelson,  Noble,  Odell,  John  O'Neill,  Pen- 
dleton,  Radford,  William  II.  Randall,  Rogers,  Ross, 
Scheuck,  Smithers,  John  B.  Steele,  William  G.  Steele,  Stiles, 
Strouse,  Stveat,  Townsend,  Tracy,  Wadsworth,  Ward,  Ellihu 
B.  Washburne,  Webster,  Whaley,  Wheeler,  Joseph  W.  White, 
Winfield—62. 

1865,  February  22 — In  Senate,  it  was  rejected 
— yeas  14,  nays  24: 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Foot,  Howard, 
Morgan,  Morrill,  Pomeroy,  Ramsey,  Sprague,  Stewart, 
Sumner,  Wade,  Wilson— 14. 

NAYS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Dixon, 
Doolittle,  Grimes,  Halo,  Harlan,  Harris,  Henderson.  Howe, 
Johnson,  Lane  of  Indiana,  McDougall,  Nesmith,  7 '»;/•>//. 
Richardson,  Riddle,  Ten  Eyck,  Trumbull,  Van  Winkle, 
Willey,  Wright— VL 

February  28 — A  new  committee — Messrs. 
Wilson,  Harlan,  and  Willey,  of  the  Senate,  and 
Schenck,  Boutwell,  and  Jas.  S  Rollins,  of  the 
House,  made  a  report  to  establish  in  the  War  De 
partment,  for  the  war  and  one  year  thereafter,  a 
Bureau  of  Refugees,  Freedmen,  and  Abandoned 
Lands,  for  the  supervision  and  management,  of 


APPENDIX. 


59.5 


all  abandoned  lands,  and  the  control  of  all  sub 
jects  relating  to  refugees  and  freedmen  from 
rebel  States,  or  from  any  district  of  country  with 
in  the  territory  embraced  in  the  operations  of 
the  army,  under  rules  to  be  approved  by  the  Pre 
sident.  The  bureau  to  have  a  Commissioner  at 
$3,000  a  year,  and  $50,000  bonds,  with  an  as 
sistant  commissioner  for  each  rebel  State,  not 
exceeding  ten,  at  $2  500  a  year,  and  $20,000 
bonds.  The  Assistants  to  make  quarterly  reports 
to  the  Commissioner,  and'  he  a  report  at  each 
session  of  Congress. 

Section  2  authorizes  the  Secretary  of  War  to 
direct  such  issues  of  provisions,  clothing,  and 
fuel  as  he  may  deem  needful  for  the  immediate 
and  temporary  shelter  and  supply  of  destitute 
and  suffering  refugees  and  freedmen,  and  their 
wives  and  children,  under  such  rules  and  regu 
lations  as  he  may  direct. 

The  bill  also  gives  the  Commissioner,  under 
the  direction  of  the  President,  authority  to  set 
apart  for  the  use  of  loyal  refugees  and  freed 
men  such  tracts  of  land  within  the  insurrec 
tionary  States  as  shall  have  been  abandoned,  or 
to  which  the  United  States  shall  have  acquired 
title  by  confiscation,  or  sale,  or  otherwise.  And 
to  every  male  citizen,  whether  refugee  or  freed- 
man,  as  aforesaid,  there  shall  be  assigned  not 
more  than  forty  acres  of  such  land,  and  the 
person  to  whom  it  is  so  assigned  shall  be  pro 
tected  in  the  use  and  enjoyment  of  the  land  for 
the  term  of  three  years,  at  an  annual  rent  not 
exceeding  six  per  cent,  upon  the  value  of  said 
land  as  it  was  appraised  by  the  State  authori 
ties  in  1860,  for  the  purpose  of  taxation,  and  in 
case  no  such  appraisal  can  be  found,  then  the 
rental  shall  be  based  upon  the  estimated  value 
of  the  land  in  said  year,  to  be  ascertained  in 
such  manner  as  the  Commissioner  may,  by  re 
gulation,  prescribe.  At  the  end  of  said  term  or 
at  any  time  during  said  term,  the  occupants  of 
any  parcels  so  assigned  may  purchase  the  land 
and  receive  such  title  thereto  as  the  United 
States  can  convey  upon  paying  therefor  the 
value  of  the  land,  as  ascertained  and  fixed  for 
the  purpose  of  determining  the  annual  rent  as 
aforesaid. 

The  report  was  adopted  in  Senate. 

March  3 — It  was  adopted  in  the  House  with 
out  a  division,  after  a  motion  to  lay  it  on  the 
table,  made  by  Mr.  Cox,  was  rejected — yeas 
52,  nays  77,  as  follows: 

YEAS — Messrs.  James  C.  Allen,  Anemia,  Baity,  Bliss, 
Brooks,  Co  (froth,  Cox,  Dawson,  Denison,  Eden,  Edgerton, 
Eldridge,  English,  Finch,  Ganson,  Gridcr,  Harding,  Benja 
min  G.  Harris,  Charles  M.  Harris,  Herrick,  Holman,  Philip 
Johnstm,  KalbjUisch,  Kernan,  Knapp,  Law,  Le  Blond,  Long, 
Marcy,  McAllister,  McKinney,  William  H.  Miller,  James  R. 
Morris,  Morrison,  Nelson.  Odell,  John  O'Neill,  PendUton, 
Pruyn,  Samuel  J.  Randall,  William  II.  Randall,  Ross, 
Scott,  John  B.  Steele,  Stiles,  Strouse,  Stuart,  Townsend,  Voor- 
liees,  Wheeler,  Chilton  A.  White,  Yeaman—b'L 

NAYS — Messrs.  Alley,  Allison,  Ames,  Arnold,  Ashley,  John 
D.  Baldwin,  Baxter,  Beaman,  Elaine,  Blow,  Boutwell,  Brande- 
gee,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke,  Cobb, 
Cole,  Henry  Winter  Davis,  Thomas  T.  Davis,  Dawes,  Dem- 
ing,  Eliot,  Farnsworth,  Frank,  Garfield,  Gooch,  Grinnell, 
Iligby,  Hotchkiss.  Asahel  W.  Hnbbard,  John  II.  Hubbard, 
Uulburd,  Ingersoll,  Kasson,  Kelley,  Francis  W.  Kellogg, 
Orlando  Kellogg,  Knox,  Littlejohn,  Loan,  Longyear,  Mar 
vin,  McBride,  McClurg,  Moorhead,  Morrill,  Daniel  Morris, 
Amos  Myers,  Leonard  Myers,  Norton,  Charles  O'Neill,  Orth, 
Patterson.  Perham,  Pike,  Price,  John  II.  Rice,  Edward  H. 
Rollins,  Jnmes  S.  Rollins,  Schenck,  Scofield,  Shannon, 
Sloan,  Spalding,  Thayer,  Thomas,  Tracy,  Upson,  Van  Valk- 
enburgh,  Ellihu  B.  Washburue,  William  B.  Washburn, 


Whaley,  Williams,  Wilder,  Wileon,  Windom,  Woodbridge— 

Action  of  State  Legislatures  on  the 
Anti-Slavery  Amendment. 

MAINE. 

SENATE — FEBRUAKY    7,    1865. 

TEAS— Messrs.  Jeremiah  Dingley,  jr.,  Parker  P.  Bur- 
leigh,  George  W.  Woodman,  Samuel  A.  Hoi  brook,  George 
Pierce,  Daniel  T.  Richardson,  Eben  M.  Harnor,  Moses  R. 
Ludwig,  John  B.  Walker,  Joseph  A.  Sanborn,  Josiah  True, 
Crosly  Hinds,  Everett  W.  Stetson,  William  Wirt  Virgin, 
Thomas  Chase, Elias  J.  Hale,  Augustus  D.  Manson,  Osgood 
N.  Bradbury,  Lewis  Barker,  Thomas  J.  Southard,  John  S. 
Teuney,  David  D.  Stewart,  Samuel  II.  Talbot,  Lewis  L, 
Wadsworth.jr.,  William  McGilvery,  Elias  Milliken,  Esreff 
H.  Banks,  Luther  Sanborn— 27. 

NAYS — None. 

HOUSE — FEBRUARY  7,  1865. 

YEAS — Messrs.  A.  H.  Abbot,  Freeman  Atwood,  John  Bar 
ker,  George  C.  Bartlett,  Isaac  Beale,  William  Bean,  Calvin 
Bickford,  Gcrshorn  Bliss,  T.  W.  Bowman,  John  II.  Brad 
ford,  J.  D.  Bragdou,  Lewis  Bingham,  Alonzo  Bryant,  Row- 
laud  Carlton,  Reuben  Carver,  M.  V.  B.  Chase,  William  H. 
Chesley, Cyrus  P. Church,  Tobias  Churchell.S.  W.  Cleaves, 
N.  0.  Crane,  Josiah  Crosby,  Franklin  Curtis,  W.  A.  P.  Dil- 
lingham,  N.  Dingley,  jr.,  II  M.  Eaton,  M.  M.  Eaton,  H.  A. 
Ellis,  J.  W.  Fairbanks,  D.  J.  Fisher,  John  B.  Fogg,  G.  L. 
Follansbee,  Charles  Foster,  J.  B.  Foster,  A.  C.  French,  John 
French,  Chas.  H.  Frost,  Thomas  II.  Garnsey,  Jesse  Gould, 
George  Gower,  Joseph  Granger,  J.  A.  Gushee,  John  Haley, 
Calvin  Hail,  Timothy  Haw,  G.  W.  Hammond,  Otis  Hath 
away,  Asa  Heath,  Samuel  F.  Hersey,  J.  U.  Hill,  N.T.  Hill. 
John  D.  Hopkins,  Reuben  S.  Hunt,  A.F.  Hutchinson,  I.  W. 
Johnson,  A.  M.  Jones,  D.  H.  Kilbreth,  Wm.  H.  Kilby, 
Thomas  S.  Lang,  S.  W.  Larrabee,  Thomas  Little,  Wm.  F. 
Lord,  B.  Lyford.  jr.,  Gideon  Mayo,  II.  S.  Mclntire,  T.  H. 
McLain,  D.  Merry,  J.  F.  Miller,  Merrick  Monroe,  N.  P. 
Monroe,  John  Montgomery,  J.  S.  Moore,  Wm.  Moore,  E.  S- 
F.  Nickerson,  Lyndon  Oak,  George  F.  Patten,  Rufus  Patten, 
Georgo  W.  Perkins,  Nathan  Philbrick,  William  J.  Phil 
lips,  William  Poole,  Abel  Prescott,  J.  H.Pullen,  Francis  A. 
Reed,  B.  M.  Roberts,  Spaulding  Robinson,  William  Rogers, 
J.  H.  Sanborn.  J.  H.  Sayward,  F.  A.  Simpson,  George  W. 
Smith,  John  L.  Stevens,  Martin  L.  Stover,  S.  H.  Sweetzer, 
Rufus  P.  Tapk-y,  Joel  Valley,  A.  K.  Walker,  D.  P.  Wasgatt, 
Nathan  Webb,E.  P.  Weston,  Joseph  II.  Williams,  William 
Wilson,  Almon  Young— 103. 

NAYS— Messrs.  B.  M.  Baker,  Samuel  M.  Bradbury,  Thos, 
J.  Bin-bank,  Joseph  Chase,  0.  G.  Hamilton,  William  B.  Hig- 
gins,  William  Hill,  Isaac  Ilobart,  James  M.  Howe,  jr.,  J. 
D.  Lawler,  Sewall  Lord,  Edward  Payson,  Charles  A.  Shaw, 
0.  R.  Sirois,  Joshua  Whitney — 15. 

NEW  HAMPSHIBE. 

Legislature  will  meet  June  7,  1865. 

MASSACHUSETTS. 

SENATE  -FEBRUARY  3,    1865. 

YEAS — Messrs.  Charles  Adams,  jr.,  Henry  Alexander,  jr., 
Eben  A.  Andrews,  Henry  Barstow,  Josiah  C.  Blaisdell,  Paul 
A.  Chadbourne,  Francis  Childs,  William  W.  Clapp,  jr.,  Free 
man  Cobb,  Charles  R.  Codman,  James  Easton,  2d,  James  S. 
Eldridge,  Jonathan  E.  Field,  George  Foster,  George  Frost, 
Martin  Griffin,  George  Ileywood,  Milo  Hildreth,  John 
Hill,  Francis  A.  Hobart,  Yorick  G.  Hurd,  Abijah  M.  Ide, 
Emerson  Johnson,  Thomas  Kneil,  Alden  Leland,  Jacob  H. 
Loud,  Joel  Merriam,  Francis  E.  Parker,  Albert  C.  Parsons, 
Robert  C.  Pitman,  Joseph  A.  Pond,  William  L.  Reed,  Moses 
D.  Southwick,  Hiram  A.  Stevens,  Levi  Stockbridge,  E.  B. 
Stoddard,  Darwin  Ware,  Solomon  C.  Wells,  Tappan  Went- 
worth,  Samuel  M.  Worcester — 40. 

NAYS — None. 

HOUSE — FEBRUARY  3,  1865. 

YEAS — Messrs.  Augustus  0.  Allen,  Daniel  Allen,  James 
H.  Allen,  Horace  J.  Adams,  Joseph  L.  Andrews,  John  F, 
Arnold,  Jonathan  Arnold,  jr.,  Joseph  T.  Bailey,  John  L 
Baker,  Charles  II.  Ballard,  J.  B.  Bancroft,  Edward  Bangs, 
Seth  Bardwell,  George  W.  Bartlett,  James  Bartlett,  Henry 
Barton,  Emory  L.  Bates,  Horatio  Bates,  William  N.  Batch- 
elder,  Richard  Beeching.  Cyrus  Bell,  Joseph  A.  Benjamin, 
Newton  J.  Benjamin,  Joseph  D.  Billings,  Frederick  A. 
Boomer,  William  Bosworth,  Charles  M.  Bowers,  Eleazer 
Boyuton,  jr.,  Reuben  Boynton,  Prince  Brackett,  E.  S.  Brad 
ford,  Timothy  G.  Braiuard,  Amos  F.  Broed,  Abram  Briggs, 
Edwin  Briggs.  Charles  0.  Brown,  George  A.  Brown,  Wright 
Brownell,  George  F.  Brown,  John  Brown,  Ezra  P.  Brownell, 
Alexander  H.  Bullock,  Erskine  D.  Burbank,  Charles  G. 
Burnham,  Henry  M.  Burrall,  Henry  J.  Bush,  Archibald 


596 


APPENDIX. 


Campbell,  Levi  N.  Campbell,  George  P.  Carter,  William 
Carpenter,  Horace  J.  Cliapin,  John  Clark,  James  W.  Clark, 
William  S.  Clark,  George  P.  Clapp,  Ira  N.  Conant,  David 
U.  Coolidge,  Horace  II.  Coolidge,  George  W.  Copeland, 
Abiel  B.  Crane.  Tully  Crosby,  William  Cumston,  George 
Dane,  William  Daniels,  William  W.  Davis,  George  Davis, 
George  P.  Denny,  Robert  W.  Derby,  Anson  Dexter,  Daniel 
Dewey,  Charles  C.  Doten,  Lewis  J.  Dudley,  Theodore  Dunn, 
George  N.  Dutton,  Edwin  Draper,  Jedediah  Dwelley,  Jacob 
S.  Eaton,  John  Eddy,  David  G.  Eldridge,  Henry  II.  Faxon, 
Beriab  W.  Fay,  Anson  D.  Fesscnden,  /ibeon  C.  Field, 
Charles  Fitz,  Samuel  J.  Fletcher,  James  J.  Flynn,  John  W. 
Frederick,  Reuben  P.  Folger,  Nelson  J.  Foss,  William Foss, 
Benudam  Gallup,  Micajah  C.  Gaskill,  Jarvis  W.  Gibbs, 
Amasa  Gibson,  Nathaniel  Gilbert,  John  Glancey,  Charles 
Goddard,  William  B.  Goodnow,  Thomas  C.  Goodwin,  George 
VV.  Greene,  Henry  S.  Greene,  Daniel  11.  Haines,  Arad  Hall, 
Joseph  Hall,  George  F.  Hatch,  George  L.  Hawkes,  Joel  P. 
Hewins,  Luther  Hill,  Thomas  Hills,  Nathaniel  J.  Holden, 
William  H.  Hooper,  John  C.  Houghton,  Cornelius  How- 
land,  T.  W.  Horton,  Richard  A.  Hunt,  Robert  Johnson, 
Levi  F.  Jones,  Silas  Jones,  Horace  W.  Jordan,  C.  F.  John- 
eon,  Calvin  Kelton.  John  W.  Kimball,  Moses  Kimball.  Lu 
cius  J.  Knowles,  David  Knox.  Luke  Leach,  Job  M.  Leon 
ard,  Simeon  L.  Leonard,  Edward  Lewis,  Samuel  Little, 
William  13.  Long,  Willard  Lovering,  Leander  F.  Lynde, 
John  W.  Mahan,  John  F.  Manahan,  Elbridge  G.  Manning, 
John  P.  Marble,  Lorenzo  Marrett,  Sylvester  S.  May,  Wil 
liam  F.  McKinstry,  Charles  R.  McLean,  William  T.  McNeill, 
A.  M.  McPhail,  jr.,  Simeon  Miller,  Joseph  Mitchell,  2d, 
George  II.  Monroe,  Elliot  Montague,  Henry  W.  Moulton, 
John  G.  Mudge,  David  C.  Murdock,  John  S.  Needham, 
Henry  A.  Noyes,  Albert  Nichols,  Charles  H.  Odell.  Caleb 
W.  Osborn,  Samuel  Osborn,  jr.,  Theodore  Otis,  Amasa 
Paine,  George  W.  Patch,  Frederick  Pease,  George  S.  Pen- 
dergast,  Benjamin  F.  Phillips,  Avcry  Plumer,  Job  Pierce, 
Joseph  G.  Pollard,  Handel  Pond,  Ezra  T.  Pope,  Charlts  P. 
Preston,  Thomas  II.  Prime,  Francis  B.  Ray,  Thomas  Rice, 
jr..  Stephen  N.  Richardson,  Edward  Riloy,  John  F.  Robbing, 
Edward  H.  Rogers,  Jacob  Rogers,  Robert  B.  Rogers,  Simon 
J.  Roney,  Harrison  Root,  Amos  Rowcjr.,  Henry  0.  Rus 
sell,  George  D.  Ryder,  George  S.  Saunders,  Ezekiel  Sawin, 
Geoigu  L.  Srvsvin,  Luke  Sawyer,  Henry  A.  Scudder.  Henry 
Seymour,  Elijah  Shaw,  Edgar  J.  Sherman,  Henry  Shortle, 
George  Soule,  Jesse  G.  D.  Stearns,  Albert  W.  Stevens, 
Charles  T.  Stevens,  Daniel  II.  Stickney,  F.  M.  Stone,  Zina 
E.  Stone,  Caleb  Swan,  Ephraim  Snow,  Daniel  J.  Sweeney, 
Henry  Souther,  Lewis  II.  Taylor,  Solomon  Thatcher,  David 
Thayer,  Oakes  Tirrell.  Joseph  Tucker,  Nathan  Tucker,  jr., 
Calvin  K.  Turner,  2d,  Seth  Turner,  Robert  A.  Yinal,  Wil 
liam  Vinton,  Thomas  L.  Wakefield,  Edward  P  Wallace 
Sullivan  L.  Ward,  T.  W.  Ward,  A.  W.  Warren,  Cephas 
Washburn,  jr.,  Horace  Waters,  John  Wells,  Stephen  R. 
White,  Augustine  Whitney,  Lewis  C.  Whiton,  Crocker 
Wilder,  William  F.  Wilder,  Frederick  A  Willard,  Charles 
A.  Winchester,  George  C.  Winchester,  Lyman  Woodward 
—233. 
NAYS — None. 


RHODE  ISLAND. 

SENATE — FEBRUARY  2,   1865". 

YEAS— Messrs.  Seth  Padelford,  Francis  Armington,  Nich 
olas  Ball,  Thomas  T.  Barber,  Borden  Chase,  Samuel  W. 
Church,  Lyman  A.  Cook,  Frederick  N.  Cottrell,  Lewis 
Fairbrother,  Stephen  C.  Fisk,  Anson  Greene, Charles  Hart, 
Job  W.  Hill,  Bradbury  C.  Hill,  Edwin  W.  Hopkins,  Wil 
liam  B.  Ilowland,  Benedict  Lapman,  William  B.  Law  ton,  Al 
len  C.  Matthcwson,  John  W.  Morey,  Abner  W.  Peckhani, 
James  M.  Pendleton,  Benjamin  Seabury,  Samuel  Shove,  Job 
S.  Steene,  Pardon  W.  Stevens,  Enos  K.  Titt't,  Thomas  A. 
Whitman— 28. 

NAYS — Messrs.  Gideon  II.  Durfee,  John  C.  Ellis,  Joseph 
W.  Sweet,  Laban  C.  Wade— 4. 


HOUSE —FEBRUARY    2     1865. 

YEAS— Emor  J.  Angell,  Asa  B.  Anthony,  Smith  R.  Ar 
nold,  Olney  II.  Austin,  Rowse  Babcock,  William  Binney, 
Ellis  L.  Blake,  William  W.  Blodgett,  Henry  D.  Brown, 
Oliver  C.  Brownell,  Hazard  A.  Burdick,  William  Butler, 
Albert  W.  Carpenter,  Hazard  E.  Champlin,  Edmund  N. 
Clark,  John  II.  Clarke,  Thomas  N.  Clarke,  Ralph  P.  Devc- 
reaux,  Luther  Dickens,  Herbert  E.  Dodge,  Benjamin  F. 
Drownc,  Nathaniel  B.  Durfee,  Alexander  Farnum,  John  S 
Fiske,  James  E.  France,  Asa  M.  Caminell,  Joseph  F.  Gil- 
more,  Christopher  A.  Hall,  David  S.  Harris,  Stephen  Har 
ris,  Thomas  G.  Hazrfrd,  Charles  W.  Holbrook,  Geo.  W. 
Holt,  Jefferson  S.  Howard,  Henry  Ide,  Ephraim  S.  Jackson, 
George  G.  King,  Jesse  Metcalf,  Joseph  Olney,  George  L. 
Owen,  Benjamin  G  Pabodie,  George  W.  Paytou,  Samuel 
W.  Pearce,  Abraham  Peckham,  James  D'W.  Perry,  Daniel 
B.  Pond,  William  M.  Rawsou,  Stafford  W.  Raz^e* William 
H.  Reynolds,  Daniel  Sayles,  William  P.  Sheffield,  George 


W.  Sheldon,  William  Sheldon,  Lemuel  M.  E.  Stone,  Lymaa 
A.  Taft,  Benjamin  J.  Tilley,  James  Waterhouse,  Henry  B. 
Waterman,  Thomaw  C.  Watson,  Vernon  Weaver,  John  E. 
Weeden,  Alfred  A.  Williams— 62. 

NAYS— Cyrus  II.  Morse,  Amasa  Sprague,  Henry  G.  Tucker, 
Alfred  H.  Willard— 4. 

CONNECTICUT. 
Legislature  will  meet  May  3,  1865. 

VERMONT. 

SENATE. 

Amendment  ratified,  but  vote  not  received. 

HOUSE — MARCH  9,   1865. 

YEAS— Addison  county:  Charles  Merrill,  Parris  Fletcher, 
Noble  F.  Dunshce,  Henry  Lane,  Michael  Ball,  James  Car 
son,  William  C.  Chaffee,  A.  S.  Barker,  John  W.  Stewart,  Ira 
Gifford,  L.  S.  Hemenway,  E.  Holland,  Joseph  Smith,  A  M. 
Everts,  Lewis  Treadway,  Thomas  Morrison,  William  S. 
Hopkins,  Edwin  Everts,  Edwin  Lawrence,  F.  G.  Wright. 
Jlennington  county :  J.  N.  B.  Thomas,  A.  B.  Gardner,  Wel 
come  Allen,  John  El  well,  Ambrose  Woodward,  John  C. 
Roberts,  A.  G.Bowker,  W.  B.  Arnold,  Apollos  Bailey,  Wil 
liam  Sherman,  Walter  B.  Randall,  Aaron  Pike,  P.  Shuffle- 
ton,  Cephas  Williams,  Obed  Eddy.  Caledonia  county:  C. 
A.  Sylvester,  C.  T.  A.  Humphrey,  William  J.  Stanton.  A. 
P.  Renfrew,  D.  W.  Aiken,  E.  W.  Church,  M.  C.  Henderson, 
Jacob  Way,  George  Cowles,  Gates  B.  Bullard,  Joseph  Bart- 
lett,  Harvey  Burbank,  J.  W.  Hastings.  Chittenden  county  : 
Lawrence  Barnes,  II.  II.  Newell,  A.  C.  Brownell,  D.  II.  Ma- 
comber,  M.  II.  Baldwin,  Henry  Brewster,  L.  L.  Lane,  H.  G. 
Boardman,  Safford  Bronson,  John  L.  Barstow,  Normnn  Is- 
ham,  Martin  Wires,  Alney  Stone,  D.  B.  Fay.  Essex  county  : 
Raymond  Fuller,  W.  M.  Currier,  S.  II.  Parsons,  Levi  Howe, 
0.  T.  Walter,  Philander  C.  Ford,  William  H.  Meacham, 
William  Sims,  William  Sewall,  Isaac  R.  Houston.  Frank 
lin  county:  William  C.  Wilson,  George  C.Ellsworth,  W.  R. 
Hutchinson,  Anson  Soule,  A.  G.  Soule,  A.  E  Parker,  John 
Colcord,  Hiram  II.  Hale,  Warren  Robinson,  Columbus  Green, 
Orville  J.  Smith,  John  F.  Draper,  Bradley  Barlow,  Denni- 
son  Dorman.  Grand  Isle  county :  H.  P.  Kinsley,  J.  Mc- 
Gowan,  S.  II.  Pike,  Joel  Town,  0.  G.  Wheeler.  Lamoille 
county :  Junius  Wires,  James  Brown,  Charles  S.  Parker,  R. 
S.  Page,  Samuel  Belding,  Joseph  J.  Boynton,  E.  H.  Shat- 
tuck,  Ira  D.  R.  Collins.  Orange  county:  J.  A.  Spear, 
Ephraim  F.  Claflin,  William  Hebard,  William  II.  Kibbey, 
William  R  Shedd,  E.  C.  Camp,  L.  L.  Wheeler,  Harry  Uuu- 
tiugton,  S.  M.  Gleason,  William  T.  George  J.  M.  Whitney, 
Heman  A.  White.  Orleans  county :  II.  P.  Cushing.  Isaac  C. 
Smith,  Daniel  Webster,  Ira  Boynton,  Jesse  E.  Merrill,  J.  H. 
Skimer,  Duron  Whittlesey,  John  M.  Smith,  George  A.  Hin- 
man,  Silas  G.  Bean,  David  Johnson,  B.  F.  Paine,  Byrarn 
Bartlett,  Ira  A.Adams,  Edson  H.  Lathe,  II.  C.  Wilson,  D.  H. 
Buck,  I.  D.  Bemis.  Rutland  county :  Daniel  Crofoot,  G.  W. 
Parmenter,  Pitt  W.  Hyde,  L.  I.  Winslow,  Lensey  Rowuds, 
jr.,  H.  Fisk,  Corrill  Reed,  B.  F.  Holmes,  Willard  Ross, 
J.  C.  Thornton,  Ilarley  Spauldine,  Alfred  Crowley,  Luther 
P.  Rowe,  Ervin  Pratt,  R.  F.  Wing,  J.  C.  Wheaton.  Charles 
A.  Ilnnn,  Seneca  M.Dorr,  Joseph  II.  Spofford.  II.  C.  Glcason, 
Cyrus  Cram  ton,  D.  E.  Nicholson.  J.  H.  Parks,  Samuel 
Adams.  Washington  county :  Josiah  Benjamin,  Edwin 
Fisher,  A.  M.  Foster,  Edwin  C.  Crossett,  T.  C.  Kelton,  George 
0.  Boyce,  C.  W.  H.  Dvvinell,  C.  C.  Putnam,  Whitman  G. 
Ferrin,  George  Bulkley,  Samuel  Keith,  Willard  S.  Martin, 
Edmond  Pope,  David  M.  Phelps,  John  Dolph,  William  W. 
Wells,  A.  W.  Nelson,  J.  E.  Macomber.  Windham  county: 
A.  A.  Wyman,  S.  M.  Waite,  C.  W.  Stebbins,  William  II. 
Jones,  Leroy  Wilder,  Francis  Daniels,  Samuel  L.  Hunt,  A. 
II.  Tucker,  Elijah  M.Torroy.  Alanson  Whitman,  Simeon 
Adams,  Austin  J.  Morse,  John  Kimball,  Albert  Blanchard, 
Jonas  II.  Smith,  0.  S.  Howard,  Lorenzo  Brown,  A.  J.  Dexter, 
L.  F.  Ward,  Waters  Gillett,  James  M.  Tyler,  Stephen  Har 
ris.  Windsor  county :  Geo.  W  Stickney,  George  Davis,  F. 
W.  Anderson,  John  F.  Deanc,  Win.  Rounds,  A.  G.  Dewey, 
John  Colby,  H.  W.  Albee,  A.  G.  Pease,  A.  B.  Martin,  Harvey 
N.  Bruce,  Merritt  E.  Goddard,  Wm.  M.  Huntington,  John 
S.  Marcy,  A.  B.  Mosher,  C.  A.  Forlmsh,  J.B.  Rogers,  Hyren 
Henry,  Lucius  A.Gould,  M.F.Morrison,  Stephen  G.  Abbott, 
Lewis  Pratt— 215. 

NAYS— D.  II.  Shoff  of  Essex,  John  Lynde  of  Orange— 2, 

NEW  YORK. 

SENATE FEBRUARY  2,   1865. 

YEAS — Messrs.  Norman  M.  Allen,  Cheney  Ames,  Wilkoa 
Angel,  Alexander  11.  Bailey,  James  A.  Bell,  Daniel  II.  Cole, 
James  M.  Cook,  Ezra  Cornell,  John  B.  Dutcher,  Charles  J. 
Folger,  Frederick  II.  Hastings,  Palmer  E.  Havens,  Stephen 
S.  Hayt,  Albert  Hobbs,  Frederick  Juliand,  William  Laim- 
beer,  jr.,  Henry  R.  Low,  Demas  Strong,  Andrew  D.  White, 
Stephen  K.  Williams— 20. 


APPENDIX. 


597 


NATS — Messrs.  Orson  M.  Allnben,  George  Beach,  Rober 
Christie,  jr.,  Luke  F.  Cozans,  Thomus  C.  Fields,  Henry  C 
Murphy,  Ira  Shai'er,  Christian  B.  Woodruff— 8. 

ASSEMBLY- -FEBRUARY  3,   1865. 

YEAS— Messrs.  Charles  M.  Craudall,  Albon  A.  Lewis,  Wil 
Hani  P.  Angel,  E.  Curtis  Topliff,  Benjamin  M.  Close,  John 
L.  Parker,  tfextus  II.  Ilungerford,  Martin  Crewell,  Willian 
T.  Post,  George  W.  Sumner,  Samuel  8.  Stafford,  Samuel  W 
Carpenter,  Dan'l  Squires,  Ira  E.  Sherman,  James  Oliver 
James  Howard,  Mark  D.  Wilber,  Edwin  W.Godfrey,  Willian 
H.  Richardson,  John  W.  Brown,  Henry  Tilliiighast,  E 
Bradley  Lee,  James  C.  Kellogg,  Lewis  Palmer,  Russell  B 
Biddlerome.  John  C.  Perry,  Jacob  Worth,  Nathan  Clark 
Hugh  1).  McCall,  Jonathan  B.  Morey,  Alfred  A.  Brown. 
Alvin  Strong,  Fairchild  Andrews,  William  Rankin,  Thomas 
E.  Stewart,  Samuel  C.  Reed,  Thomas  B.  Van  Buren,  Guy  C 
Humphrey,  Lorenzo  Rouse,  Thomas  D.  Penfield,  George  W 
Cole,  Albert  L.  Green,  Daniel  P.  Wood,  Harvey  P.  Tolman 
Vuiney  Edgerton,  Edward  Brunson,  Ananias  B.  Hulse 
Edmund  L.  Pitts,  Elias  Root,  Richard  K.  Sanford,  Avery 
W.  Severance,  George  M.  Hollis,  Robert  M.  Hasbrouck 
George  Parker,  James  Redington,  Daniel  Shaw,  Edwart 
Ed  wards,  Charles  Stanford,  Lorenzo  Webber,  William  E 
Bonham,  Alexander  Olcott,  Horace  Bemis,  William  H 
Gleason,  William  W.  Shepard,  Henry  B.  Lord,  Jerome  Lap- 
ham,  Sylvester  E.  Spoor,  Thaddeus  W.  Collins,  William  H 
Rogrrs,  George  A.  Brandreth,  George  G.  Hoskius,  Eben  S 
Smith— 72. 

NAYS — Messrs.  Harman  Vanderzee,  Oliver  M.  Ilunger 
ford,  Alexander  Robertson,  Walter  Shultz,  Walter  W.  Stan 
ard,  Harman  S.  Cutting,  John  G.  Languor.  Prentiss  W, 
Hallenbeck,  William  D.Veeder,  Patrick  Burns,  John  McCon- 
vill,  Simeon  Sammons,  Jacob  L.  Smith,  Bryan  Gaughan 
George  L.  Loutrel,  James  B.  Murray,  Charles  Blauvelt 
Edward  S.  Maloy,  Jacob  Seebacher,  Thomas  J.  Creamer, 
John  McDonald,  Joseph  A.  Lyons,  Alexander  Ward,  Michael 
N.  Salmon,  John  Keegan,  Sidney  P.  Ingraham,  jr.,  Abrain 
B.  Weaver,  Theodore  H.  Cooper,  Luther  I.  Burditt,  Jere 
miah  Sherwood,  William  Turner,  Charles  McNeill,  Mathew 
V.  A.  Fonda,  James  Ridgeway,  Prince  W.  Nickerson,  Geo. 
W.  Chapman,  Edward  Eldredge,  Jesse  F.  Bookstaver,  An 
drew  S.  Weller,  Pierre  C.  Talinan— 40. 


NEW  JERSEY. 

SENATE — MARCH    16,    1865. 

A  joint  resolution  ratifying  the  proposed 
Constitutional  Amendment  was  offered  by 
Hon.  James  M.  Scovel,  of  Camdeu  county,  and, 
after  a  prolonged  debate,  was  defeated  by  the 
vote  given  below  : 

YEAS— Messrs.  Richard  M.  Acton,  Benjamin  Buckley, 
George  D.  Horner,  Providence  Ludlain,  Joseph  L.  Reeves, 
Jrnnes  M.  Scovel,  W.  W.  Ware,  George  M.  Wright— 8. 

NAYS — Messrs.  Lyman  A.  Chandler,  Joshua  Doughty,  Dan 
iel  Holsman,  James  Jenkins,  Henry  B.  Kennedy,  Henry 
S.  Little.  Joseph  J.  Martin,  Theodore  F.  Randolph.  Amos 
Robins,  Edward  W.  Scudder  (President,)  John  G.  Trusdell, 
Alexander  Wurts — 12. 

HOUSE — MARCH   1,  1865. 

YEAS— Messrs.  Nathan  S.  Abbott,  John  Bates,  Thomas 
Philander  C.  Briucic,  William  Callahan,  Jas.  D.  Cleaver, 
Bee*ley,  Jacob  Birdsall,  Isaac  D.  Blauvelt,  John  F.  Bodino 
Joseph  T.  Crowell  (Speaker,)  A.  M.  P.  V.  H.  Dickeson,  Sam 
uel  Fisher,  Alexander  B.  Green,  Rufus  F.  Harrison,  Israel 
Heulings,  Henry  J.  Irick,  Levi  D.  Jarrard,  Simon  Lake, 
John  N.  Landell,  Charles  C.  Lathrop,  Charles  A.  Lighthipe, 
Robert  Moore,  Isaac  W.  Nicholson,  James  II. Nixon,  Thom 
as  B.  Peddie,  J.  B.  I.  Robison,  Ryneir  Staats,  Samuel  Stock 
ton,  Garret  Van  Wagoner,  William  D.Wilson — 30. 

NAYS— Messrs.  Leon  Abbett,  Elijah  Allen,  David  Ander 
son,  David  B.  Boss,  William  L.  Broking,  Daniel  Cory,  Abra 
ham  C.  Coriell,  D.  E.  Culver,  Isaac  Demarest.  Philip  A. 

Dougherty,  Abraham  W.  Duryee, Edsall  Jas.  E.  Go- 

ble,  A.  B.  Haring,  Charles  G.  Hoagland,  Jesse  Hoffman, 
Daniel  A.  Holmes,  William  J.  Iliff,  William  W.  Iliff,  Ber 
nard  Kearney,  Aaron  Kinter,  Geo.  Schenck,  J.  C.  Seiffert, 
Michael  Taylor,  Alfred  M.  Treadwell,  Hiram  Van  Buskirk, 
John  Van  Vorst,  John  A.  Weart,  James  J.  Willever,  Silas 
Young— 30. 

DELAWARE. 

SENATE — FEBRUARY  8,    1865. 

YEAS— Messrs.  John  P.  Belville,  John  F.  Williamson 
Isaac  S.  Elliott— 3. 

NAYS— Messrs.  John  II.  Bewley,  Thomas  Cahall,  Henry 
Hickman,  William  Hitch,  James  Ponds,  Gove  Saulsbury— 6. 


HOUSE — FEBRUARY   8,    1865. 

YEAS — Messrs.  John  Aldevdice,  John  A.  Duncan,  Andrew 
Eleasin,  James  H.  Hoffeeker,  John  G.  Jackson,  Elias  N. 
Moore,  Merit  H.  Paxson — 7. 

NAYS— Messrs.  Charles  M.  Adams,  William  F.  Carney, 
Henry  C.  Douglas,  William  Dyer,  William  D.  Fowler,  Abner 
Harrington,  John  Hickman, 'Benjamin  Hitch,  Shepard  P. 
Houston,  John  Jones,  Miles  Messick,  James  Stuart,  Henry 
Todd,  John  C  Wilson— 12. 

PENNSYLVANIA. 

SENATE — FEBRUARY    3,    1865. 

YEAS — Messrs.  T.  J.  Bigham,  B.  Chainpneys, George  Con- 
nell,  J.  M.  Dunlap,  D.  Fleming,  J.  L  Graham,  Kirk  Haines, 
L.  W.  Hall,  Thomas  Hoge,  George  W.  Householder,  Morrow 
B.  Lowry,  C.  McCandless,  Jeremiah  Nichols,  Jacob  E.  Ridg- 
way,  Horace  Royer,  Thomas  St.  Clair,  S.  F.  Wilson,  W. 
Worthington,  W.  J.  Turrell,  (Speaker)— 19. 

NAYS— Messrs.  H.  B.  Beardslee,  George  H.  Bucher,  Hies- 
ter  Clymer,  C.  M.  Donovan,  William  Hopkins,  0.  P.  James, 
John  Latta,  William  McSherry,  David  B.  Montgomery, 
William  M.  Randall,  J.  B.  Stark,  J.  Walls— 12. 

HOUSE FEBRUARY  3,   1865. 

YEAS— Messrs.  William  Foster,  W.  H.  Ruddiman,  W.  W. 
Watt,  Joseph  T.  Thomas,  James  Freeborn,  Thomas  Cochrau 
S.  S.  Pancoast,  F.  D.  Sterner,  L.  V.  Sutphin,  Francis  Hood 
William  F.  Smith,  E.G.  Lee,  James  Miller,  Alfred  Slack. 
John  P.  Glass,  II.  B.  Herrrn,  R.  A.  Col  ville,  Sam'l  Chadwick, 
George  Y.  McKee,  J.  II.  Marsh,  Lorenzo  Grinnell,  Joseph 
G.  Adlum,  Nathan  J.  Sharpless,  N.  A.  Penny  packer,  W  B 
Waddell,  J.  C.  Sturtevant,  II.  C.  Alleman,  Daniel  Reiser, 
Elwood  Tyson,  J.  R.  Cochran,  John  N.  Swoope,  John  Bals- 
bach,  George  E.  Smith,  J.  R.  McAfee,  E.  Billingfelt,  R.  W. 
Shenk,  Day  Wood,  Charles  Demies,  Isaac  Hoffer,  S.  H. 
Orwig,  Samuel  Alleman,  G.  B.  Manley,  Charles  Koonce  S 
McKiuley,  William  Haslett,  J.  H.  Negley,  A.  K.  McClure, 
Moses  A.  Ross,  D.  B.  Armstrong,  George  H.  Wells,  P.  M. 
Osterhout,  J.  W.  Guernsey,  A.  G.  Olmstead,  William 
Burgwin,  W.  D.  Brown,  James  R.  Kelley,  M.  S.  Quay— 56. 

NAYS — Messrs.  Samuel  Josephs,  George  A.  Quigley,  James 
Donnelly,  James  II.  Marshall,  John  Missimer,  H.  B.'llhoads, 
Fred  Harner,  Luther  Calvin,  F.  W.  Headman,  C.  L.  Pershing 
Peter  Gilbert,  C.T.Alexander,  W.  W.  Barr,  T.  J.  Boyer' 
E.  B.  Eldred,  W.  II.  Jacoby,  John  D.  Bowman,  T.  B.  Sea- 
right,  Thomas  Rose,  Nelson  Weiser,  James  F.  Kline, 
Harry  Hakes,  A.  D.  Markley,  E.  L.  Satterthwait,  Owen 
Rice,  T.  II.  Purdy,  J.  McDowell  Sharpe,  Michael  Weaver, 
John  Dormer,  Joshua  Boyer,  William  II.  Nelson,  J.  F. 
Spangler,  James  Cameron— 33. 


MARYLAND. 

SENATE — FEBRUARY  3,   1865. 

YEAS — Messrs.  James  L.  Billingslea,  Thomas  K.  Carroll 
Curtis  Davis,.Elias  Davis,  George  C.  Maund,  James  M.' 
McNeal,  Charles  II.  Ohr,  Edward  P.  Philpot,  Jacob  Tome 
Robert  Turner,  Joseph  C.  Whitney— 11. 

NAYS— Messrs.  Daniel  Clarke,  James  T.  Earle,  Sprigg 
Elarwood,  John  W.  Jenkins,  Daniel  Jones,  Thomas  B. 
Lansdale,  Richard  Mackall,  Littleton  Maclin,  J.  T.  B. 
Me  Master,  Win.  B.  Stephenson— 10. 

HOUSE FEBRUARY   1,    1865. 

YEAS— Messrs.  John  M.  Frazier,  (Speaker,)  David  Agnew 

E.  F.  Anderson,  John  W.  Angel,  C.  Bartel,  Upton  Buhrman, 

F.  A.  Clift,  James  H.  Cook,  Benjamin  F.Cronise,  J.  P.  Cum 
mins,  F.  T.  Darling,  M.  G.  Dean,  Henry  S.  Eavey,  George 
Everhart.  S.  C.  Garrison,  Thomas  B.  Hambleton,  Joseph 
Harris,  Henry  G.   Hazen,   John   II.    Hodson,  William  H 
Hoffman,  Caleb  B.  Hynes,  Henry  C.  Jones,  Samuel  Keefer, 
David   King,  Jesse  A.  Kirk,  II.  B.   Laverton,   James  F 
Lee,  David  K.  Lusby,  David  J.  Markey,  James  McCauley, 
Jethro  J.  McCullough,  Henry  S.  Miller,  Thomas  H.  Mules, 
Nicholas  D.   Norris,  Nicholas  II.  Parker,  George  B.  Pen- 
nington,   James    F.   Pilkinton,  Zephaniah   Poteet,  David 
Rhinehart,  Moses  Shaw,  Michael  Sherry,  Michael  Show- 
acre,    George   Slothower,  Samuel   P.    Smith,   Thomas  A. 
Smith,   Samuel  J.  Soper,  II.  J.   C.  Tarr,  Thomas  J.  Tull, 
James  Valliaut,  S.  W.  Wardwell,  Arthur  J.  Willis,  William 
S.  Wooden,  Frederick  K.  Zeigler— 53. 

NAYS— Messrs.  Charles  B.  Calvert,  jr.,  Isaac  Cairns,  R.B. 
B.  Chew,  S.  Comegys,  Ritchie  Fooks,  Benjamin  Fawcett, 
Joshua  R.  Handy,  Thomas  C.  Hopkins,  Baker  A.  Jameson, 
John  Lee,  Lemuel  Maloue,  Oliver  Miller,  Alfred  B  Nairne 
Thomas  F.  J.  Rider,  James  S.  Robinson,  Henry  A.  Silver! 
Washington  A.  Smith,  Claudius  Stewart,  John  C.  Tolsou 
Lewis  Usilton,  Adam  C.  Warner,  G.  W.  Watkins,  Henry 
Williams,  Joshua  R.  Wilson— 24. 


598 


APPENDIX. 


V1BGINIA. 

SENATE — FEBRUARY  8,   1865. 

YEAS— Messrs.  T.  P.  Brown,  L.  C.P.Cowper,  F.  W.  Lemo- 
ly,  .V.  F.  Mercier,  S.  W.  Powell,  T.  S.  Tennis,  C.  II.  White- 
lurst — 7. 

NAYS — None. 

HOUSE — FEBRUARY  9,   1865. 

YEAS— Messrs.  J.  Madison  Downey,  .7.  J.  Henshaw,  Job 
Hawxhurst,  Enoch  Ilaislip,  Reuben  Johnston,  Allen  C. 
Harmon,  J.  11.  Birch,  R.  E  Nash,  James  W.  Brownlcv 
Kobert  Wood,  Andrew  L.  Hill— 11. 

NAYS— Messrs.  William  II.  Gibbons,  Thomas  II.  Kcllam 
-2. 

KENTUCKY. 

SENATE — FEBRUARY  22,   1865. 

YEAS— Messrs.  R.  T.  Baker,  N.  R.  Bluck,  B.  II.  Bristow, 
I.  II.  G.  Bush.  Milton  J.  Cook,  J.  R.  Duncan,  John  F.  Fisk, 
W.  W.  Gardner,  W.  II.  Grainger,  W.  C.  Grier,  J.  D.  Landrum, 
Elijah  Patrick,  John  A.  Prall— 13. 

NAYS— Messrs.  William  S.  Botts,  John  B.  Bruner,  F.  S. 
Cleveland,  Harrison  Cockrill,  Ben.  S.  Coffey,  Richard  H. 
Field,  T.  T.  Garrard,  Asa  P.  Grover,  T.  W.  Hammond,  James 
Harrison,  John  J.  Landram,  II.  D.  McHenry,  William  B. 
Read,  Geo.  C.  Riffe,  James  F.  Robinson,  William  Sampson, 
Ben.  Spaulding,  Cyrenius  Wait,  Walter  C.  Whitaker,  C.  T. 
Worthington,  George  Wright — 21. 

HOUSE — FEBRUARY  23,    1865. 

YEAS— Messrs.  A.  S.  Allan,  T.  J.  Birchett,  Henry  Bohan- 
lon,  John  C.  Bolin,  E.  A.  Brown,  John  W.  Campbell,  James 
tV.  Davis,  Sebastian  Eil'ort,  John  K.  Faulkner,  Elijah  Gab- 
jert,  Aaron  Gregg,  R.  A.  Hamilton,  Jacob  Hawthorn,  A. 
[I.  Herrod.  M.  E.  Ingram,  0.  P.  Johnson,  William  R.  Kin- 
ley,  Perry  S.  Layton,  J.  II.  Lowry,  William  L.  Neale, 
'li'ram  S.  Powell,  J.  C.  Sayers,  E.  W.  Smith,  Henry  G. 
^Tan  Seggern,  Willie  Waller,  M.  E.  White,  George  II.  Whit 
en.  James  Wilson,  George  T.  Wood— 29. 

NAYS— Messrs.  II.  Taylor,  Alfred  Allen,  William  M.Allen, 
iVilliam  H.  Baker,  Joshua  F.  Bell,  William  Bell,  James  T. 
Sramlette,  William  A.  Brooks,  R.  J.  Brown,  Isaac  Calhoon, 
T.  P.  Cardwell,  John  B.  Carlile,  Joseph  II.  Chandler,  John 
T.  Clark,  Samuel  E.  DcIIaven,  John  M.  Delph,  Edward  F. 
Dulin,  William  Elliott,  J.  B.  English,  W.  M.  Fisher,  Stephen 
P.  Gano.  Francis  Gardner,  Eben  M.  Garriott,  John  J.  Gate- 
s-ood,  Hiram  Hagan,  C.  M.  Hanks,  Richard  H.  Hanson, 
3.  C.  Harvey,  P.  B.  Hawkins,  Thomas  P.  Hayes,  Samuel 
U»rkins,  J.  F.  Lauck,  L.  S.  Luttrell,  Thomas  A.  Marshall, 
Tohn  S.  McFarland,  John  L.  McGinnis,  Milton  Mc(irew, 
FI.  C.  McLoed,  W.  II.  Miller,  Thomas  W.  Owings,  William 
4..  Pepper,  James  T.  Pierson,  F.  M.  Ray,  John  D.  Ross,  George 
5.  Shunklin,  E.  II.  Smith,  R.  J.  Spurr,  Caleb  Stinson,  T.  R. 
Taylor,  John  R.  Thomas,  S.  B.  Thomas,  William  R.  Thomp 
son.  II.  W.  Tuttle,  Thomas  W.  Varuuin,  A.  G.  Waggener, 
i.  II.  Ward,  Isaac  N.  Webb— 57. 

OHIO. 

SENATE — FEBRUARY  7,   1865. 

YEAS — Messrs.  Joshua  Bates,  J.  M.  Council,  J.  Cranor, 
William  F.  Curtis,  Joseph  C.  Devin,  Benjamin  Eggleston, 
Isaac  Gass,  Lewis  B.  Gunckel,  Alphonso  Hart,  A.  P.  IIow- 
ird,  William  C.  Howells,  Samuel  llumphreville,  John  C. 
Jamison,  James  London,  Henry  S.  Martin.  II.  G.  McBur- 
aey,  N.  K.  McKen/ie,  II.  S.  Neal.  Eben  Newton,  John  F. 
Patton.  William  Stanbery,  William  Stanton,  Job  E.  Steven 
son,  William  H.  West,  Frederick  Wickham,  Samuel  Wil 
liamson — 26 

NAYS — Messrs.  George  L.  Converse,  William  Lang,  John 
D.  O'Connor,  M.  R.  Willett— 4. 

HOUSE — FEBRUARY  8,    1865. 

YEAS — Messrs  Allison,  Ayres,  Babcock,  Bidwell,  Branch- 
man,  Brinkerhoff,  Clark,  Cochrane,  Davenport,  Dawson, 
Delano,  Deford,  Dryden,  Evans  of  Brown,  Evans  of  Clinton, 
Everett,  Ferrell,  Forbes,  Free,  Galogly,  Glover,  Green  of 
Hamilton,  Gunsaulus,  Harrison,  Hayilen,  Hixon,  Ilogh, 
Hoover,  Huston,  Johnston  of  Athens,  Johnson  of  Lawrence, 
Johnson  of  Summit,  Kcyser  of  Noble,  Kibbee,  Kirby, 
Knelend,  Lindsley,  Little.  Lockwood,  Long,  Lyon,  McGill, 
Mclntyre,  Messenger,  Miller,  Odliu,  Purcell,  Randall,  Re- 
ber,  Soot,  Scott.  Seig,  Spahr,  Thompson,  Warner,  Waters, 
West— f»7. 

NAYS— Messrs.  Bear,  Desbach,  Edwards,  Estill,  Fielding, 
Hibbs,  Jones,  Kyser  of  Monroe,  Putnam,  Thornhill— 10. 

LOUISIANA. 

SENATE FEBRUARY  17,   1865. 

YEAS — Messrs.  Barnett,  Bell,  Brownlee,  Brown,  Boyce, 


Benson.  Gastinel.  Hart.  Hills,  Kavanagh,  Lara,  Montamat, 
Newell,  Nicolas,  Purcell,  O'Connell,  bullivun,  Walters— 18. 
NAYS — None. 

HOUSE — FEBRUARY  14,    1865. 

YEAS— Messrs.  G.  E.  Bovee.  E.  M.  Bouligny,  James 
Buckley,  J.  V.  Bofill,  Joseph  G.  Baum,  Lewis  Balner,  II. 
Brown,  H.  Berisel I,  jr.,  Joseph  S.  Badger,  Simeon  Belden, 
D.  W.  F.  Bisbee,  Young  Burke,  F.  Boudreaux.G.  W.  Bangs, 
L.  Bernard.  C.  G  Brcckenridge,  H.  C.Belden,  R.  L.  Brooks, 
P.  Creigh,  F.  G.  Chamberlain,  D.  Christ!-,  L.  D.  Corley, 
T.  Cook,  B.  Collins.  P.  L.  Dufresne,  James  Duane.  Victor 
Dauel,  M.  Egan,  D.  Evans,  John  Foley,  R.  Gamm^u,  E. 
Galligan,  II.  GrilHths,  P.  Harnan,  (J.  Howes,  J.  llaberliu, 
F.  Henratty,  J.  M.  Hawkins,  A.  Hawthorne,  Thomas  In 
gram,  T.  F.  Kavanagh,  Jacob  Kleas,  T.  U.  Ulster,  T.  J.  Lester, 
L.  E.  Laloire,  S  W.  Lewis,  John  McCann.  W.  D.  Miller.  R.  M. 
Miller,  W.  R.  Meeks,  II.  Maas,  John  T.  Michel,  C.  St.  Mar 
tin,  A.  B.  Mace.  T.  F.  Magtiire,  T.  Marie.  P.  K.  O'Connor, 
0.  II.  Poynot,  II.  G.  Pearson,  jr..  W.  M.  Prescott,  W.  A. 
Riggs,  John  Rotge,  Boyd  Robinsun,  J.  A.  Spellicy,  J. 
Schillang,  W.  II.  Seymour,  M.  Senette,  P.  E.  R.  Smith, 
D.  W.  Shaw,  John  S.  Tully,  S.  M.Todd,  J.  T.  Van  Trumpr 
Thomas  J.  Wheeler,  John  J.  Woodward,  John  T.  Wood, 
W.  II.  Waters,  James  Walsh— 78. 

NAYS — N  one. 


INDIANA. 

SENATE — FEBRUARY  10,   1865. 

YEAS— Messrs.  Allison,  Beeson,  Bennett,  Bonham,  Brown 
of  Hamilton,  Cason,  Chapman,  Cullen,  Davis,  Downey, 
Dunning,  Dykes,  Hyatt,  Milligau,  Niles,  Noyes,  Oyler,  Pen- 
den,  Richmond,  Terry,  Thompson,  Van  Buskirk,  Ward, 
Wood,  Wright— 26.  ' 

NAYS— Messrs.  Barker.  Bowman,  Bradley,  Brown  of 
Wells,  Carson,  Cobb,  Corbin,  Douglass,  English,  Finch, 
Fuller,  Gaff,  Gilford,  Hanna,  Hord,  Jenkins,  Marshall, 
Mason,  McClurg,  Newlin,  Staggs,  Vawter,  Williams— 24. 

HOUSE —FEBRUARY  13,   1865. 

YEAS— Messrs.  Thomas  Atkinson,  E.  Ban ta.  Robert  Boyd, 
David  C.  Branham,  John  T.  Burns,  David  M.  Chambers, 
Firman  Church,  Fred.  W.  Cook,  E.  Cox,  John  Sim,  William 
W.  Foulke,  Howard  Crook,  F.  M.  Emerson,  Beuj.  F.  Ferris^ 
Bcnj.  T.  Goodman,  Samuel  Gregory,  Francis  P.  Griffith, 
Henry  Groves,  John  A.  Hendricks.  Joseph  M.  Hershey.  J. 
L.  Miller,  William  II.  Bonner,  William  W.  Higgins,  John 
II.  Willis.  Charles  F.  llogate,  Jonas  Hoover,  Henly  James, 
Silas  Johnson,  Alfred  Kilgore,  Higgins  Lane,  Robert  M. 
Lockhart,  N.  J.  Major,  F.  M.  Meredith,  J.  E.  Woodruff, 
Seymour  F.  Montgomery,  Horatio  C.  Newcomb,  J.  H» 
McVey,  Ezra  Olleinan,  Thomas  W.  Reese,  B.  E.  Rhoads. 
Joseph  Riford,  Stephen  C.  Sabin,  Michael  T.  Shuey,  David 
M.  Stewart,  William  Stivers,  Thomas  M.  Stringer,  Edward 
T.  Sullivan,  Gilbert  Trusler,  Harvey  W.  Upson,  Augustus 
Welch,  Thomas  C.  Whiteside,  Bartlett  Woods,  T.  T.  Wright, 
Philip  Zeigler,  John  U.  Pettit,  (Speaker)—  56. 

NAYS— Messrs.  O.  Bird,  Stephen  G.  Burton,  Newton  Bur- 
well,  Samuel  Buskirk,  A.  J.  Beckett,  John  R.  Coffroth, 
Philomon  N.  Collins,  Samuel  Colover,  E.  Croan,  Cyrus  L. 
Dunham,  Lloyd  Glasebrook,  Richard  Gregg,  John  Hargrove,. 
James  Harrison,  Jonas  G.  Howard,  John  M.  Humphreys, 
Thomas  Hunt,  Charles  R.  Laeselle,  John  P.  Lemon,  John 
W.  Lopp,  Cornelius  J.  Miller,  John  B.  Milroy,  R.  Osborn, 
Robert  Pcrigo,  J.  W.  Richardson,  II.  L.  Roach.  Samuel  A. 
Shoaff,  John  M.  Stuckey,  John  G.  Stinger,  Elijah  M.  Spen 
cer,  Thomas  M.  Sullivan,  J.  T.  Shoaff,  George  C.  Thatcher, 
A.  C.  Veach,  John  H.  White— 36. 

ILLINOIS. 

SENATE — JANUARY  31,  1865. 

YEAS— Messrs.  John  H.  Addams,  Edward  R.  Allen,  Wash 
ington  Bushnell,  Francis  A.  Eastman,  Isaac  Funk,  David 
K.  Green,  Cornelius  Lansing,  John  T.  Lindsay,  Alonzo  W. 
Mack,  Albert  O.  Mason,  Andrew  W.  Metcalf,  .Murray  Mc- 
Connell,  Joseph  Peters,  Daniel  Richards,  Bryant  T.  Scho- 
tield,  James  Strain,  Jasper  D.  Ward,  Alfred  Webster,  Linus 
E.  Worcester— 19. 

NAYS— Messrs.  John  B.Cohrs,  William  II.  Green,  Andrew 
J.  Hunter,  Daniel  Reily,  Horatio  M.  Vandeveer,  John  W. 
Wescott— 6. 

HOUSE — FEBRUARY  1,  1865. 
YEAS— Messrs.  Julius  A.  Barnsback,  Lewis  J.  Bond,William 

Brown,  Obed  W.  Bryant,  Horatio  C.  Burchard, ChiMs, 

Ansel  B.Cook,  Harry  D.  Cook,  Franklin  Corwin,  Daniel  W. 
Dame,  Andrew  H.  Dolton,  Hiram  Dresser,  Richard  C.  Dtmnr 
Milton  M.  Ford,  George  D.  Henderson,  Joseph  M.  Holyoke. 

William  T.  Hopkins,  Huntley,   Edward    S.    Isham, 

William  Jackson,  Oliver  C.  Johnson,  Maiden  J<  nes,  Mcritt 
L.  Joslyn,  Chauncey  A.  Lake,  Joseph  W.  Lloyd,  Sylvester 


APPENDIX. 


599 


S.  Mann,  Alexander  McCoy,  Archibald  J.  Mclntyrc,  John 
Miller,  Isaac  Miller,  Nathaniel  Xiles.  Harrison  Noble.  Eugene 
B.  Payne,  Daniel  J.  Pinckney,  John  D.  Platt,  Isiiac  C.  Pugh, 
Ini  V.  Randall.  Jonathan  Simpson,  Lcandor  Smith,  Solo 
mon  L.  Spink,  William  C.  Stacy,  Alexander  F.  Stevenson, 
Jason  \V.  Strevoll,  George  Strong,  John  Thomas,  John 
L.  Tincher,  John  Warner,  Charles  H.  Wood— 48. 

NAY.S — Meaan.  Elisha  E.  Barrett.  Valentine  S.  Benson. 
Charles  Burnett,  Hiram  B.  Decius,  Sargeant  Gobble,  John 
Hill,  Law-rent-.'  W.  James,  William  II.  Logan,  John  Mc 
Donald,  William  Middles  worth.  Ambrose  M.  Miller,  Lewis 
W.  Miller.  D.  II.  Morgan.  Milton  M.  Morrill,  Timothy  M. 
Morse,  William  K.  Murphy,  William  II.  Neece,  Nathaniel 
M.  Perry,  Thomas  Redmond  Samuel  II.  Saltonstall,  John 
Sharon/ Jonathan  Shelby,  John  T.  Springer,  Samuel  K. 
Stevenson,  John  Ward,  Henry  W.  Webb,  Scott  Wike,  Wil 
liam  T.  Yeargain — 28. 

MICHIGAN- 
SENATE FEBRUARY  2,   1865. 

YEAS— Messrs.  Levi  Aldrich,  S.  F.  Brown,  Warren  Chap 
man,  J.  Webster  Childs,  V.  P.  Collier,  J.  G.  Crawford,  It.  J. 
Crego,  C.  M.  Crosswell,  Alexander  P.  Davis,  Westbrook 
Di\  ine,  Wilson  C.  Easell,  John  II.  Forster,  Frederick  Fowler, 
Andrew  Howell.  Giles  llubbard,  William  Jay,  David  II. 
Jerome,  Cyrus  G.  Luce,  E.  W.  Merrill,  John  M.Nevin*.  Wil 
liam  It.  Nims,  Henry  M.  Perdu,  Jonathan  G.  Wait,  James 

B.  Walker,  M.  C.  Watkins— 25. 

NAYS — Joseph  Godfrey,  Loren  L.  Treat — 2. 

HOUSE FEBRUARY  2,   1865. 

YEAS— Messrs.  Robert  P.  Aitken,  Abram  Allen,  George  W. 
Allen.  James  Bayley,  William  Ball,  Moses  Bartow,  J.  P. 
Beach,  John  K.  Boies,  W.  II.  Brockway,  Horace  II.  Cady, 
Levi  Camburn,  Israel  E.  Carleton,  James  B.  Cobb,  A.  B. 
Copley.  A.  B.  Uunlap,  A.  L.  Green,  A.  D.  Griswold,  Harvey 
Haynes,  Ezra  Ilazen,  M.  D.  Howard,  0.  F.  Howard,  John  S. 
Jenness,  Edward  Jewell,  George  C.  Jones,  John  II.  Jones, 
Lucius  Keeler,  M.  C.  Kenny,  John  Landon,  Leander  Lap- 
ham,  Deuison  J.  Lewis,  Henry  M.  Look,  George  Luther 
C  F.  Mallary,  A.  C.  .Maxwell,  George  11.  McKay,  Charles  E. 
Mickley,  Darius  Monroe,  E.G.  Morton,  0.  W.  Manger,  It.  B. 

C.  Newcomb.  Robert  Nixon,  WTilliam  H.   Osborn,  Albert 
Pack.  William  Packard,  N.  G.  Phillips,  Lucien  Reed.  Gil 
bert  E.  Ret  d,  (Speaker,)  S.  W.  Howe,  J.  G.  Ilunyan,  11.  San 
derson,  Peter  Schars,  Henry  Seymour,  Charles  Shier,  Albert 
B.  Slocum,  Luther  Smith,  William  T.  Smith,  Edwin  Stewart, 
John   M.  Swift,  W.  H.  Taylor,  George  W.  Thayer,  Z.  D. 
Thomas,  Myron   Tupper,   William   S.   Utley.   James  Tan 
Vleet,  Dean  P.  Warner,  John  B.  Welsh,  William  E.  White 
William  S.  Wilcox,  Baron  B.  Willits,  B.  M.  Williams,  Rich 
ard  Winsor.  J.  J.  Woodman,  N.  R.  Woodruff,  J.   D.  Wood- 
worth,  S.  W.  Yawkey — 75. 

NAYS— Messrs.  William  S.  Bond,  David  G.  Colwell,  Titus 
Dort,  Victor  Dusseau,  Joshua  Forbes,  Paul  Gies,  Elias 
Haire,  Richard  Hawley,  Benjamin  S.  Ilortou,  Benjamin 
May,  J.  Q.  McKernan,  Cyrus  Miles,  James  O'Grady  Charles 
M.  Pitts,  J.  A.  T.  Wendell— 15. 


IOWA. 

Legislature  will  meet  on  the  second  Monday 
of  January,  1866. 

WISCONSIN. 

SENATE FEBRUARY  21,   1865. 

YEAS — Messrs.  George  S.  Barnum,  John  A.  Bently,  Wil 
liam  Blair,  Jonathan  Bowman,  J.  T.  Chase,  W.  II.  Chan 
dler,  J.  A.  Chandler.  Samuel  Cole,  G.  DeWitt  Elwood,  Joseph 
Harris,  Thomas  Hood,  William  Ketchum,  William  A.  Law 
rence.  W.  L.  Lincoln,  N.  M.  Littlejohn,  Carl  C.  Pope,  George 
Reed,  M.  II.  Sessions,  William  E.  Smith,  Anthony  Van 
Wyck,  Henry  G.  Webb,  Walter  S.  Wescott,  George  F 
Wheeler,  Smith  S.  Wilkinson,  W.  K.  Wilson,  A.  H.  Young. 
M.  K.  Young — 27. 

NAYS— Messrs.  S.  W.  Budlong,  Satterlee,  Fred.  S.  Ellis, 
L.  Morgan,  Hugh  P.  Reynolds,  F.  0.  Thorpe— 6. 

HOUSE — FEBRUARY  24,   1865. 

YEAS— Messrs.  W.  J.  Abrams,  Oscar  Babcock,  Levi  W. 
Barden,  James  Berry,  A.  A.  Boyce,  W.  T.  Bonniwell,  jr., 
William  Brandon,  Lorcntus  J.  Brayton.  J.  H.  Brinkerhoff, 
John  Burgess,  J.  N.  Cadby,  Solomon  C.'Carr,  John  B.  Cas- 
soday,  F.  R.  Church,  Nathan  Cobb,  William  M.  Colloday, 
DeWitt  Davis,  Thomas  Davis,  Richard  Dewhurst.  Reuben 
Doud,  David  Dunwiddie,  II  L.  Eaton,  N.  II.  Emmons,  R. 
K.  Fay,  W.  W.  Field,  (Speaker,)  William  P.  Forsyth,  Hen 
ry  Fowler,  J.  S.  Frary,  M.  A.  Fulton,  Myron  Gilbert,  Robert 
Glenn,  B.  F.  Groesbeck,  Jackson  liadley,  J.  F.  Hand,  T.N. 
llorton,  Da:;iel  Johnson,  Stoddard  Judd,  E.  P.  King,  Wil 
liam  A.  Kuupp,  Francis  Little,  M.  F.  Lowth,  W.  W.  He- 


Laughlin,  M.  J.  McRaith,  E.  S.  Miner.  J.  B.  Montieth,  Dan 
iel  Mowe,  Jacob  Oberman,  William  II.  Officer,  S.  W.  Os 
born.  William  Owen,  William  Palmer,  Alanson  Pike,  D.  A. 
Reed,  Sam.  Ryan,  Jr.,  Charles  Rogers,  James  Ross,  E.  C/ 
Salisbury,  James  Sawyer.  William  Simmons,  Z.  G.  Simmons^ 
Edwin  Slade,  Gardner  Spoor.  A.  W.  Starks,  Albert  C, 
Stuntz,  J.  M.Tarr,  Allen  Taylor,  II.  C.  Tilton.  0.  B.Thom 
as.  Jared  Thompson,  jr..  Henry  Utt.  D.  C.  Van  Ostrand, 
John  Vaughan,  F.  A.  Weage,  Cephas  WThipple.  tteorge  C. 
Williams,  II.  S.  Winsor,  II.  S.  Wooster— 77. 

NAYS— Messrs.  Thomas  Doyd,  Charles  B.  Daggett,  M.  L, 
Delauey,  David  Ford.  Ernst  Franckenberg,  Ferdinand 
Griewudi,  E.B.  Goodsell,  Oscar  F.  Jones,  David  Knab,  Jon 
athan  Large,  Hector  McLean.  Henry  Mulholland,  Michael 
Murphy.  S!  A.  Pease.  Peter  Peters,  Jonathan  Pioer,  Lyman 
Walker/Joseph  Wedig,  John  W.  Weiler,  Richard  White, 
Thomas  Weaver— 21. 


MISSOURI. 

SENATE  —1865. 

YEAS — George  W.  Anderson,  Joseph  E.  Baldwin,  John 
H.  Cox.  Henry  J.  Deal,  Alexander  F.  Denny,  Cyrus  H. 
Frost,  Gist  Goebel,  J.  J.  Grovelly,  William  N.  Harrison, 
William  P.  Harrison,  Charles  11.  Ilowland,  Frederick  Kayser, 
J.  W.  D.  L.  F.  Mack,  A.  C.  Marvin,  Madison  Miller,  Frede 
rick  Muench,  Jewett  Norris,  J.  V.  Pratt,  M.  II.  Richey,  C.  C. 
Simmons,  George  R.  Smith,  Henry  S.  Stevens,  P.  A.  Thomp 
son,  Elias  V.  Wilson,  J.  N.  Young— 25. 

NAYS — James  M.  Gordon,  W.  W.  Mosby — 2. 

HOUSE — 1865. 

AYES— Thomas  W.  Allied,  T.  G.  Babcoke,  Robert  Bailey, 
William  N.  Beal,  J.  W.  Black,  W.  F.  Bodeuhamer,  0.  S. 
Brown,  T.  P.  Bruton,  Richard  Bucharn,  B.  F.  Bumpass,  D.  D. 
Burns,  Enos  CJaske,  Josiah  Colenian,IchabodComstock,  W. 
II.  Coalter,  Thomas  Crowe,  W.  II.  II.  Cundiff,  E.  W.  Decker, 
Lawrence  Dry,  Sam.  Downey.  John  Duggie,  Thomas  A. 
Eagle,  Henry  Elliott,  J.  II.  Faulcouer,  William  Feun,  G. 
A.  Finkenburg,  J.  F.  Foster,  E.  W.  Fox,  Joseph  Gill,  James 
S.  Goodsou,  Clark  II.  Greene,  Albert  Griffin,  John  Grimes, 
S.  C.  Hammer,  A.  J.  Harlan,  J.  B.  Hasper,  A.  G.  Hollister, 
C.  II.  Howe,  George  L.  Hewitt,  Gideon  Howell,  George  W. 
Houts,  E.  II.  E.  Jameson,  N.  C.  Johnson,  William  Jones, 
Robert  A.  Keller,  Francis  Kellerman,  D.  M.  King,  P.  C. 
Lane  J,  W.  Lee,  J.  R.  Legg,  A.  J.  Lloyd,  Robert  Logan, 
John  B.  Logan,  Alfred  Mathews,  J.  C.  McBride,  N.  Mc 
Donald,  John  McCJoldrick,  W.  II.  McLane,  J.  W.  McMillan, 
Jas.  McMurty,  James  Means,  D.  J.  Meloy,  R.  H.  Melton, 
Joseph  L.  .Minor.  Alfred  Montgomery,  John  D.Myers, Lewis 
Myers,  J.  W.  Moreland,  C.  A.  Newcomb,  M.  J.  Payne,  Daniel 
Proctor,  John  F.  Powers,  Wm.  Ray,  Thomas  A.  Reed,  George 
W.  Rinker,  Stephen  J.  Reynolds,  P.  C.  Roberts,  Eraatus 
Sackett,  Thomas  Simms,  A.  E.  Simpson,  G.  Wr.  Smiley, 
Reuben  Smith,  Irwin  Z.  Smith,  James  Southard,  E.  W. 
Southworth,  D.  D.  Stockton,  Joseph  Thompson,  William 
Weaver,  C.  B.  Walker,  Jeremiah  White,  B.  F.  Wilson,  B.  H. 
Wilson— 92. 

NAYS— Boyle  Gordon,  Thomas  C.  Gordon,  William  Spratt 


MINNESOTA. 

SENATE — FEBRUARY   15,    1865. 

YEAS— D.  Cameron,  J.  V.  Daniels,  G.  D.  George,  B.  A. 
Lowell,  D.  Morrison,  L.  Miller,  J.  McKusick,  J.  Nicols,  L. 
Nutting,  J.  S.  Pillsbury,  E.  Rice,  D.  G.  Shillock,  B.  D. 
Sprague,  Melville  C.  Smith,  H.  A.  Swift,  J.  A.  Thacher— 16. 

NAYS— Luther  II.  Baxter,  D.F.  Langley,  D.  S.  Norton,  J. 
J.  Porter,  J.  P.  Wilson— 5. 

HOUSE — FEBRUARY  8,   1865. 

YKAS— Cyrus  Aldrich,  A.  H.  Bullis,  Wm.  Chalfant,  Wm. 
Colvill,  jr..  F.  R.  E.  Cornell,  Royal  Crane,  J.  B.  Crooker,  C. 
F.  Davis,  J.  B.  Downer,  J.  L.  Gibbs,  Charles  D.  Gilfillan, 
John  M.  Oilman,  F.  N.  Goodrich,  Charles  Griswold,  L.  C. 
Harrington,  Stephen  Ilewson,  Henry  Hill,  L.  A.  Huntoon, 
J.  B.  Locke,  W.  H.  Patten,  Henry  Poehler,  F.  A.  Renz,  L. 
Z.  Rogers,  F.  E.  Shandrew,  Ansel  Smith.  L.  J.  Stark,  F.  M. 
Stowell,  Charles  Taylor,  William  Teachout,  C.  D.Tuthill,  E. 
F.  West,  Reuben  Whitteinore,  Armstrong,  (Speaker)— 33. 

NAYS— Louis  A.  Evans,  K.  N.  Guiteau  W.  T.  Bigby, 
Oscar  Taylor,  Henry  W.  Tew— 5. 

KANSAS. 

SENATE FEBRUARY    7,    1865. 

YEAS— Messrs.  President  James  McGrew,  H.  K.  W.  Bart- 
lett,  Oliver  Barber,  G.  A.  Colton,  A.  Danford,  F.  II.  Dren- 
ning,  C.  V.  Eskridge,  Henry  Foote,  W.  P.  Gambell,  0.  J. 
Grover,  D.  W.  Houston,  D.  H.  Home,  J.  II.  Jones,  J.  F. 
Legate,  J.  T.  Lane,  E.  C.  Manning,  T.  E.  Milhoan,  Thomas 


600 


APPENDIX. 


Murphy,  F.  W.  Potter,  M.  Quigg,  S.  Speor,  A.  II.  Smith 
Charles  P.  Twiss,  William  Weer— 25. 
NAYS— None. 

HOUSE FEBRUARY  7,    1865. 

YEAS— Messrs.  Speaker  Jacob  Stotler,  R.  II.  Abraham, 
Samuel  F.  Attwood,  Milton  R.  Bentori,  J.  F.  Broadhead,  0. 
U.  Browne,  A.  A.  Callen,  D.  G.  Campbell,  I).  L.  Campbell. 
II.  Calender,  J.  A.  Christy,  R.  Church,  L.  D.  Cleavinger. 
Charles  C.  Coffinberry,  Hugh  A.  Cook,  Werner  Craig  Rufus 
Darby,  D.  Detrick,  C.  L.  Dille,  William  Draper,  M.  It.  Dut- 
ton,G.  II.  Fail-child,  Daniel  C.  Finn,  Robert  Cole  Foster 
James  Fletcher,  Charles  S.  Glide,  G.  W.Glick,  William  GOBS, 
Nelson  Grisvrold.  Thomas  0.  Gwartney,  James  Hanway 
James  M.  Harvey,  A  15.  Hendrick,  J.  Hodgson,  W.  L.  limits, 
N.  B.  Hughes,  Michael  Jordan,  William  ICarr,  J.  R.  Ken 
nedy,  Lawrence  Kennedy,  C.  Kohler,  Cyrus  Leland,  jr.,  M. 
R.  Leonard,  A.  J.  Loomis,  E.  Lowe,  S.  I).  Macdonald,  William 
Martindale,  J.  McClellan,  James  R.  Mead.  Joel  Moody 
William  Morrow,  T.  M.  O'Brien,  F.  R.  Page,  D.  L.  Payne, 
William  B.  Perry,  N.  P.  Rawlings,  Robert  Riddle,  II.  Rice| 
II.  D.  Rogers,  Ed.  Russell,  I.  D.  Sammons,  J.  P  Salisbury 
E.  S.  Scndder,  II.  D.  Shepherd,  Henry  Smith,  S.  J.  II.  Sny- 
dor,  E.  Stafford,  J.  Spencer,  Watson  Spencer,  George  Storch, 
C.  II.  Stratton,  N.  Z.  Strong,  D.  H.  Sutherland,  F.  B.  Swift, 
Job  Throckmorton,  John  D.  Wells,  A.  G  West— 77. 

NAYS — None. 

WEST  VIRGINIA. 

SENATE FEBRUARY  3,    1  865. 

YEAS— Messrs.  John  II.  Atkinson,  Aaron  Bechtol,  John 
B.Bowen,  John  J.  Brown,  James  Burley,  William  F.  Cham 
bers,  James  M.  Corley,  William  S.  Dunbar,D.  D.  T.  Dunbar, 
Aaron  Hawkins,  Daniel  Raymond,  B.  M.  Kitchen,  E.  S. 
Mahon,  Edwin  Maxwell,  Daniel  Peck,  J.  M.  Phelps,  Wil 
liam  Price,  Greenbury  Slack,  President  W.  E.  Stevenson— 

NAYS— None. 

HOUSE — FEBRUARY  3,    1865. 

YEAS— Messrs.  Thomas  P.  Adams,  William  Alexander 
John  S.  Barns,  John  Boggs,  Greenberry  D.  Bonar,  Jesse  II 
Cather,  George  K.  Cox,  Horatio  N.  Crooks,  0.  D.  Downey 
Lewis  Dyche,  James  II.  Ferguson,  Solomon  S.  Fleming,  Ja 
cob  T.  Galloway,  Baptistc  Gilmore,  Nathan  Goff,  Theodore 
N.  Cornell,  Adam  Gregory,  Benjamin  Hagar,  Joseph  W 
Hall,  James  II.  Hinchman,  John  Kellar,  William  H.  King 
Daniel  Lamb,  Thomas  Little,  John  B.  Lough,  William  Mairs' 
John  Michael,  Joshua  S.  Morris,  James  (J.  McGrew,  Henry 
C.  McWhorter,  Abel  B.  Parks,  Spicer  Patrick,  Aaron  I). 
Peterson,  Jesse  F.  Pharos,  David  S.  Pinnell,  Eli  Riddle, 
Charles  F.  Scott,  Abel  Segur,  Buckrier  J.  Smith,  William 
Smith,  Benjamin  L.  Stephenson,  Thomas  II.  Trainer,  Rath- 
bone  Van  Winkle,  Meredith  Wells,  William  Willen,  Lee 
Roy  Kramer,  ( Speaker) — 44. 

NAYS— None.  

NEVADA. 

SENATE — FEBRUARY  16,   1865. 

YEAS— W.  H.Clagett,  Lewis  Doron,  D.  L.  Hastings,  J.  W. 
Haines,  Frederick  Uutchins,  William  W.  Hobart,  John  Ives, 
Alfred  James,  S.  A.  Kellogg,  Charles  Lambert,  ?,.[.  D.  Lar- 
rowe,  A.  J.  Lockwood,  Jonas  Secluy,  J.  S.  Slingerlaud,  Chas. 
A.  Sumner,  M  S.  Thompson,  N.  W.  Win  ton — 16. 

NAY— F.  M   Proctor— 1. 

HOUSE — FEBRUARY    16,    1865. 

YEAS— A.  C.  Bearss,  H.  H.  Beck,  D.  II.  Brown,  James 
Bolan,  1.1.  M.  Bien,  W.  W.  Bishop,  Erastus  Bond,  J.  E.  W. 
Cary,  W.  M.  Cutter,  S.C.  Denson,  J.  A.  Dun,  Henry  Epstein 

A.  L.  Greely,!).  II.  Haskell,  Cyril  Hawkins,  J.  L.Hinckloy 
W.  G.  Lee,  J.  A.  Myrick,  John  S.  Mayhugh.L.  C.  McKoeby, 

B.  II.  Nichols,  H.G.Parker,  Edwin  Patten,  M.  A.  Rosen 
blatt,  James  A.  Rigbey,  James  Small,  R.  M.  Shackleford,  E. 
P.  Sine,  Jacob   Smith,  W.  F.  Toornbs,  D.  P.  Walter,  Daniel 
Wellington,  R.  A.  Young,  C.  W.Tozer,  (Speaker)— 34. 

NAY— James  A.  St.  Clair— 1. 

TENNESSEE. 

1865,  March  4 — The  amendment  was  ratified 
in  the  Senate,  and  the  House  of  Representa 
tives,  without  dissent. 


Foreign  Policy  of  the  United  States. 

1864,  December  15— Mr.  H.  WINTER  DA 
VIS,  from  the  Committee  on  Foreign  Affairs, 
reported  this  resolution,  (being  the  same  as 
closed  his  report  on  page  354:) 

Resolved,  That  Congress  has  a  constitutional  right  to  an 


authoritative  voice  in  declaring  and  prescribing  the  foreisn 
policy  of  the  United  States  as  well  in  the  recognition  of 
now  powers  as  in  other  matters:  and  it  U  the  constitutional 
duty  ot  the  President  to  respect  that  policy,  not  less  in  dip 
lomatic  negotiations  than  in  the  use  of  the  national  force 
when  authorized  by  law;  and  the  propriety  of  any  declara 
tion  of  foreign  policy  by  Congress  is  sufficiently  proved  by 
the  vote  which  pronounces  it  ;  and  such  proposition,  while 
pending  and  undetermined,  is  not  a  fit  topic  of  diplomatic 
explanation  with  any  foreign  power. 

Which  was  laid  on  the  table  —  yeas  70,  nars 
63,  as  follows  : 

YEAS—  Messrs.  Alley,  Ames,  Anderson,  Arnold,  Baity, 
John  D.  Baldwin,  Baxter,  Beaman.  Elaine,  Blair,  Boutwell, 
Boyd,  Broomall,  Ambrose  W.  Clark,  Cobb,  Cole.  Thomas  T. 
Davis,  Dawes,  Doming,  Dixon,  Donnelly,  Driggs,  Eckley, 
Eliot,  Farnsworth,Gooch,Grinnell,  Hale.  Itigby,  Hotchkiss, 
John  II.  Hubbard,  Hulburd,  Ingersoll,  Kelley,  FrancN  W. 
Kellogg,  Orlando  Kellogg.  Littlejohu.  Longyear,  Marvin,Mc- 
Bride,  Alclndoe,  Samuel  F.  Miller,  Moorhead,  Morrill,  Dan 
iel  Morris,  Amos  Myers,  Leonard  Myers,  Norton,  Charles 
O'Neill,  Patterson,  Perham.  Pike,  Pomeroy.  Price.  Alexan 
der  II.  Rice,  Edward  H.  Rollins,  Scofield,  Shannon.  Smith, 
Scalding,  Thomas,  Tracy,  Upson,  Ellihu  B.  Washburne, 
William  B.  Washburn,  VV'haley,  Wheeler,  Wilson,  Windom, 
Woodbridge  —  70. 

NAYS—  Messrs.  James  C.  Allen,  William  J.  Allen,  Allison, 
Ancona,  Ashley,  Augustus  C.  Baldwin,  Bliss,  Blow,  Brooks, 
J.  S.  Brown,  Chanler,  Cox,  Cravens,  Henry  Winter  Davis, 
Daw  son,  Denison,  Eden,  Edgerton.  Eldridge,  Find:,  Ganson, 
Garfield,  Griswold.  Harding,  Herrick.  IMman,  Asahel  W. 
Hubbard,  Jenckes,  P.  Johnson,  Kalbjltisch,  Kernan,  King, 
Knox,  Law,  Le  Blond,  Loan,  Multory,  Marcy,  McAllister, 
William  If.  Miller,  Jamw  R.  Morris,  Morrison,  Noble  Odell 
John  O'Neill,  Orth,  Pendleton,  Perry.  Radford,  Samuel  J. 
Randall,  Schenck,  Sloan,  Smithers,  Steer,  John  B.  Steele, 
William  G.  Steele,  Stevens,  Stiles,  Stuart,  Sweat,  Townsend, 
Wadsworth,  Yeaman  —  63. 

December  19  —  A  resolution,  in  same  lan 
guage,  was  offered  by  Mr.  H.  WINTER  DAVIS, 
which  the  House  —  yeas  50,  nays  73  —  refused  to 
table.  The  question  being  divided,  the  first 
branch  ending  with  the  word  '•  law,"  was 
agreed  to—  yeas  119,  nays  8,  (Messrs.  Blair, 
Boutwell,  Cole,  F.  W.  Kellogg,  Littlejohn, 
Pomeroy,  Smith,  and  Van  Valkenburgh.)  The 
second  branch  of  the  resolution,  being  the  re 
mainder  of  it,  was  agreed  to  —  yeas  68,  nays  59, 
as  follows  . 

YEAS  —  Messrs.  William  J.  Allen,  Allison,  Ames,  Ancona, 
Anderson,  Augustus  C.  Baldwin,  Baxter,  Bliss,  B\o\v,  Boyd, 
Cltanler,  Coffroth,  Cox,  Cravens,  Henry  Winter  Davis,  Daw- 
son,  Denison,  Eden,  Eldridge,  Finck,  Ganson,  Garfield,  Gri- 
der,  Griswold,  Harrington,  C/iarlcs  M.  Harris,  Herrick, 
Higby,  Holman,  Asahel  W.  Hubbard,  Jenckes,  Kernan, 
Knapp,  Knox,  Law,  Lazear,  Le  Blond,  Mallory,  Marcy, 
McDowell,  McKinnw,  Moorhead,  Morrill,  James  R.  Morris, 
Nelson,  Noble,  John  O'Neill,  Orth,  Pendleton,  Perry,  Price, 
Pruyn,  Samuel  J.  Randall,  Ross,  Schenck,  Scott,  Sloan, 
Smithers,  John  B.  Steele,  Stevens,  Strouse,  Stuart,  Sweat, 
Townsend,  Vorhees.  Wadsworth,  Joseph  W.  White,  Williams 
—68. 

NAYS  —  Messrs.  Alley,  Baily,  John  D.  Baldwin,  Beaman, 
Blair,  Boutwell,  Braadegee,  Broomall,  Ambrose  W.  Clark, 
Cobb,  Cole,  Creswell,  Thomas  T.  Davis,  Dawes,  Dixon,  Driggs, 
Eckley,  Eliot,  Frank,  Grinnell,  Hale,  Ilotchkiss,  John  II. 
Hubbard,  Hulburd.  Kasson,  Kelley,  Francis  W.  Kellogg, 
Orlando  Kellogg,  Littlejohn,  Marvin,  McBride,  McClurg, 
Mclndoe.  Amos  Myers,  Leonard  Myers,  Norton,  Charles 
O'Neill,  Patterson,  Perham,  Pike,  Pomeroy,  Alexander  II. 
Rice,  John  II.  Rice,  E.  II.  Rollins,  Scofield,  Shannon,  Smith, 
Spalding,  Thayer,  Thomas,  Tracy,  Upson,  Van  Valken 
burgh,  Ellihu  B.  Washburne,  William  B.  Washburn,  Wua- 
ley,  Wilson,  Windoin,  Yeaman  —  59. 


Financial. 

The  following  bills  were  passed: 

1865,  January  28  —  Authorized,  in  lieu  of  any 
bonds  under  act  of  June  30,  1864,  Treasury 
notes  of  the  description  and  character  author 
ized  in  second  section  thereof,  limiting  the 
bonds  and  notes  to  $400,000,000,  exempting  the 
notes  from  taxation  by  or  under  State  or  muni- 


APPENDIX. 


601 


cipal  authority,  and  providing  that  "  such  Trea 
sury  notes  may  be  disposed  of  for  lawful  money, 
or  for  any  otlier  Treasury  notes  or  certificates 
of  indebtedness,  or  certificates  of  deposit  issued 
under  any  previous  act  of  Congress,"  and  that 
the  act  shall  not  be  construed  to  give  authority 
for  the  issue  of  any  legal-tender  notes,  in  any 
form,  beyond  the  balance  unissued  of  the 
amount  authorized  by  the  second  section  of  the 
act  of  June  30,  18G4. 

1865.  March  3— Authorized  $000,000,000  in 
bonds  and  Treasury  notes — the  bonds  to  be  not 
less*  than  $50  and  payable  at  any  period  not 
more  than  forty  years  or  redeemable  after  any 
period  not  less  than  five  nor  more  than  forty  ; 
the  Treasury  notes  to  be  convertible  into  the 
bonds,  be  of  such  denominations  (not  less  than 
$50, )  bearing  such  dates,  and  be  made  redeema 


ble  or  payable  at  the  discretion  of  the  Secretary 
of  the  Treasury.  Interest  on  bonds  10  be  paya 
ble  semi-aunually ;  on  Treasury  notes  semi- 
annually,  annually,  or  at  maturity ;  and  the 
principal,  or  interest,  or  both,  may  be  made 
payable  in  coin  or  other  lawful  money  ;  the 
interest,  if  payable  in  coin,  not  to  exceed  6  per 
cent ;  if  not  so  payable  in  coin,  not  to  exceed 
7.3.  Bonds  authorized  under  act  of  June  30. 
1864,  may  be  of  the  description  herein  author 
ized  ;  and  any  Treasury  notes  or  interest-bear 
ing  obligations  may  be  converted  into  any  de 
scription  of  bonds  herein  authorized,  and  they 
shall  not  be  considered  a  part  of  the  $600,000,- 
000  herein  provided  for. 

No  new  principle  was  involved,  and  it  is  not 
considered  necessary  to  trace  a  struggle  upon 
matters  of  detail. 


Statement  of  the  Public  Debt  of  the   United  States,  March  31,  1865. 


DEBT  BEARING  INTEREST  IN   COIN. 


AUTHORIZING  ACTS. 

RATE  OF 
INTEREST. 

CHARACTER  OF  ISSUE. 

AMOUNT     OUT 
STANDING. 

INTEREST. 

January  28  1847 

6  percent. 

$9,415,250  00 
8,908,341  80 
20.000,000  00 
7,022,000  00 
18,415,000  00 
50,000,000  00 
139,146,400  00 
510,756.900  00 
85,789,000  00 
172,770,100  00 
1,507.000  00 
1,016.000  00 
615,250  00 
75,000,000  00 

$564,915  00 
534.500  50 
1,000,000  00 
351,100  00 
1,104,900  00 
3,000,000  CO 
8,348.734  00 
30.645,414  00 
5,147.340  00 
8,638.505  00 
75,350  00 
60.960  00 
44,913  25 
4,500.000  00 

M'jrch  31    1^48 

Bonds                        

Juno  14  1858 

Bonds  

June  ••*•'  18*30 

5  per  cent.. 
6  per  cent.. 
6  percent. 
6  per  cent.. 
6  per  cent.. 
6  per  cent.. 
5  percent. 
5  per  cent.. 
6  per  cent.. 
7  3-10  prc.. 
6  per  cent. 

ing  Coin  In! 

February  8,  1861  
Julv  17,  ami  August  5,  1861. 
July  17.  and  August  5,  1861. 

Bonds  

June  30,  1864  

M'irch  3  1864 

Bonds  5-20*s                 

Bonds  10-40's  

September  9    185Q 

March  '2  1861 

March  3  1863 

Bonds                                        

Aggregate  of  debt  bear 

$1.100,361,241  80 

$64,016,631  75 

DEBT   BEARING  INTEREST   IN  LAWFUL  MONET. 


July  11  1862 

4  per  cent. 
5  percent.. 
6  per  cent. 
6  per  cent.. 
5  per  cent. 

$650.476  56 

5,708,262  52 
46,093,589  21 
171,790,000  00 

69,522,350  00 

156,477,650  00 
300,812,800  00 

$26.019  06 
285,413  12 
2,765,615  35 
10,307,400  00 

3,476,117  50 
21,959,334  40 

July  11,'  1862  
Julv  11  186'7 

Temporary  Loan  



March  l'  186° 

Certificate's  of  Indebtedness 
One  and  Two  Years  Notes... 

March  3  1S63 

$211,000,000  00 
141,477,650  00 

Less  withdrawn  and   de 
stroyed  or  ready  to  be  de 
stroyed  

March  3    1863 

6  percent. 
6  per  cent.. 

7  3-10  prc. 
7  3-10  prc. 

ing  Lawful 

3  Years  Compound  Interest 
Notes      

15,000,000  00 
141,477,650  00 

June  30  1864  

3  Years  Compound  Interest 
Notes  

June  30  1864  . 

3  Years  Treasury  Notes  
3  Years  Treasury  Notes  

230,000,000  00 
70,812,800  00 

March  3  1865  

Aggregate  of  debt  bear 

$751,055,128  29 

$38,819,899  43 

DEBT   ON   WHICH  INTEREST    HAS    CEASED. 


CHARACTER  OF  IS8OB. 

AMOUNT 
OUTSTANDING. 

Bonds  

$203  808  45 

104511  64 

Treasury  Notes  .  . 

8  800  00 

600  00 

Treasury  Notes  

30  500  00 

Temporary  Loan  Coin... 

1  200  00 

Aggregate  of  debt  on  which  Interest  has  ceased 

$349  420  09 

APPENDIX. 


Statement  of  the  Public  Debt— Continued. 

DEBT  BEARING  NO  INTEREST. 


CHARACTER   OF  IsSUE. 


AMOUNT 
OCTSTAMiIv;. 


United  States  Notes $60.030.000  00  j 

Less  amount  withdrawn 59.537,89*3  00 

Amount  outstanding 

United  States  Notes 


United  States  Notes 

Less  amount  withdrawn.. 


49-2.104  00 

399,507.896  00 

49.300,202  00  j 

16,139,633  00 

Fractional  Currency 10.H52.72-1  76  j 

Fractional  Currency... 12,301,369  31  I 


|  $400,000.000  00 


33,160,569  00 


24.254.094  07 


Unpaid  requisitions 114,256.548  93 

Amount  in  Treasury 56,481,924  84 


457,414,603  07 

57,774,624  W 
Aggregate  of  debt  not  bearing  Interest i  $515.189.287  16 

RECAPITULATION. 


DEBT. 

AMOUNT 
OUTSTANDING. 

INTEREST. 

LEGAL   TENDER   NOTES  IN   CIRCULATION. 

AMOUNT. 

Bearing  int'rst  in  Coin.. 

$1,100,361,241  80 

$64,016,631  75 

One  and  Two  Years  5  per  cent.  Notes  

United  States  Notes  old  issue.  .. 

$69,522.350- 
49°  1  04 

Lawful  Money     .     .. 

751  055  128  29 

38,819,899  43 

United  States  Notes,  new  issue  

43°  60*  465 

On  which  interest  has 

349  4P0  09 

Compound  Interest  Notes,  act  of  March  3.  1863. 
Compound  Interest  Notes,  act  of  June  30,1864. 

15,000.000 

141  477  650 

515  189  287  16 

.Dealing  nointerest  

$659  160  369- 

$2,366,955,077  34 

$102,836,531  18 

Miscellaneous. 

REPEAL    OP    FISHING    BOUNTIES. 

IN  SENATE. 

Pending  the  Internal  Revenue  bill, 
1865,  March  2 — This  amendment,  adopted  in 
Committee  of  the  Whole — 

That  from  and  after  the  abrogation  of  the  reciprocity 
treaty  with  Great  Britain  all  acts  and  parts  of  acts  grant 
ing  allowances  or  bounties  on  the  tonnage  of  vessels  en 
gaged  in  the  bank  or  other  cod  fisheries  be,  and  the  same 
we  hereby,  repealed — 

Was  rejected — \  eas  18,  nays  20,  as  follows: 

YEAS — Messrs.  Brown,  Buckaleiv,  Chandler,  Davis,  Doo- 
little,  Ilarlan,  Harris,  Henderson,  Hcndricks,  Lane  of  In 
diana,  Nesmith,  Powell,  Riddle,  Sherman,  Van  Winkle, 
Wilkinson,  Willey,  Wright— 18. 

NAYS — Messrs.  Anthony,  Clark,  Conness,  Dixon,  Fanvell, 
Foster,  Howe,  Johnson,  Lano  of  Kansas,  McDougall,  Mor 
gan,  Morrill,  Nyc,  Ramsey,  Sprague,  Stewart,  Sunnier,  Ten 
Eyck,  Wade,  Wilson— 20. 

Oath  of  Allegiance  for  Lawyers. 
IN"  SENATE. 

1864,  December  21 — Mr.  HARLAN  offered  this 
resolution  : 

Resolved,  That  the  Committee  on  the  District  of  Columbia 
be  instructed  to  inquire  into  the  expediency  and  propriety 
of  requiring  all  residents  of  the  District  of  Columbia  to 
take  and  file  with  the  provost  marshal  of  said  District  an 
oath  of  allegiance  or  fidelity  to  the  Government  of  the 
United  St.ites  similar  ^n  the  oath  required  by  law  of  Mem 
bers  and  Senators  in  Congress  and  other  officers  of  the 
Government;  and  also  the  expediency  and  propriety  of 
prohibiting  all  persons  from  doing  business  in  said  District 
or  with  the  several  Departments  of  the  Government  who 
have  not  or  may  not  take  and  file  such  oath  ;  and  that 
said  <  ummittee  have  leave*  to  report  by  bill  or  otherwise. 


Which  was  agreed  to — yeas  24,  nays  10.  as 
follows: 

YEAS — Messrs.  Anthony,  Clark.  Collamer.  Conness,  Dixon, 
Fanvell,  Foot,  Foster,  Grimes,  Hale,  Ilarlan,  Howard,  Lane- 
of  Indiana,  Lane  of  Kansas,  Morgan,  Pomeroy.  Sherman, 
Sprague.  Sumner,  Ten  Eyck,  Trumbull,  Van  Winkle,  Wil 
kinson,  Willey — 24. 

NAYS — Messrs.  Brown,  Euckale.w,  Cowan,  Davis,  Hen 
derson,  Hendricks,  Johnson,  Powell,  Richardson,  Sauhlury 
—10. 

December  22 — A  bill,  described  below,  and 
extending  the  principle  indicated  on  page  376, 
was  passed — yeas  27,  nays  4,  as  follows  : 

YEAS — Messrs.  Anthony,  Brown,  Clark,  Collamer,  Cou- 
ness,  Dixon,  Doolittle,  Farwell,  Foot,  Foster.  Grimes,  Har- 
lan,  Harris,  Henderson,  Johnson,  Lane  of  Indiana,  Lane  of 
Kansas,  Morgan,  Pomeroy,  Ramsey,  Sherman,  Sprague. 
Sumner,  Ten  Eyck.  Van  Winkle,  Willey,  Wilson— 27. 

NAYS — Messrs.  Buckalew,  Davit,  Richardson,  Salisbury 

1865,  January  20 — The  bill  passed  the  House 
— ayes  66,  noes  26,  oa  a  division. 

It  provides  that  no  person,  after  the  date  of 
this   act,  shall   be   admitted  to  the  bar  of   the 
1  Supreme  Court  of  the  United  States,  or  at  any 
time  after  the  4th  of  March  next    be    admitted 
to  the  bar  of  any  circuit  court  or  district  court 
of  the   United  States,  or  the  Court  of  Claims, 
as  an  attorney  or   counselor,  or  be  allowed    to 
!  appear  by  virtue  of  any  previous  admission,  or 
I  any  special  powers  of  attorney,  unless  he  first 
I  takes   and   subscribes   the   oath    prescribed    in 
i  the   "Act  to  prescribe  an   oath  of  office,"  ap 
proved  July  2,  1862,  which  said  oath   so   taken 
!  and  subscribed  shall  be  preserved  among  the 
I  files  of  such  court,  and   that  any  person  who 
I  shall  falsely  take  said  oath  shall  be  guilty  of  per- 


APPENDIX. 


603 


jury,  and,  on  conviction,  be  liable  to  the  pains 
and  penalties  of  perjury,  and  the  additional 
pains  and  penalties  prescribed  in  the  said  act.* 

•  __..,_..-- 

Abolition  of  Slavery  in  West  Virginia. 

This  record  completes  that  made  on  pages 
377,378: 

Both    Houses  of    the    Legislature    of    West 
Virginia  have  passed  this   bill,  which  has  be 
come  a  law  : 
Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1.  AH  persons  held  to  service  or  labor  as  slaves  in  this 
State  are  hereby  declared  free. 

2.  There  shal'l  hereafter  be  neither  slavery  nor  involun 
tary  servitude  iu  this  State  except  in  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

The  Wheeling  Intelligencer  says:  ''This  bill  wipes  out 
the  remnant  of  slavery  in  West  Virginia  at  a  blow.  It 
was  not  offered  or  passed  as  an  amendment  to  the  Consti 
tution.  The  Constitution  simply  prescribes  a  limit  beyond 
which  certain  persons  of  certain  ages  shall  not  be  held 
slaves,  and  makes  no  enactment  at  all  in  regard  to  those 
supposed  to  be  left  in  slavery  for  life." 

Letter  of  Horace  Greeley  to  the  Pres 
ident,  Preceding  the  Niagara  Falls 
Negotiation. 

As  part  of  the  history  of  the  negotiation 
recorded  on  pages  301-303,  this  letter  of  Mr. 
Greeley,  until  recently  unpublished,  is  given. 
It  is  understood  that  there  are  other  letters 
from  several  parties  not  yet  divulged: 

NEW  YORK,  July  7, 1864. 

MY  DEAR  SIR  :  I  venture  to  inclose  you  a  letter  and  tele 
graphic  despatch  that  I  received  yesterday  from  our  irre 
pressible  friend  Colorado  Jewett,  at  Niagara  Falls.  I  think 
they  deserve  attention.  Of  course  I  do  not  endorse  Jew- 
ett's  positive  averment  that  his  friends  at  the  Falls  have 
"full  powers"  from  J.  D.,  though  I  do  not  doubt  that  he 
thinks  they  have.  I  let  that  statement  stand  as  simply 
evidencing  the  anxiety  of  the  Confederates  everywhere  for 
peace.  So  much  is  beyond  doubt. 

And,  therefore,  I  venture  to  remind  you  that  our  bleed 
ing,  bankrupt,  almost  dying  country  also  longs  for  peace — 
shudders  at  the  prospect  of  fresh  conscriptions,  of  further 
wholesale  devastations,  and  of  new  rivers  of  human  blood ; 
and  a  wide-spread  conviction  that  the  government  and  its 
prominent  supporters  are  not  anxious  for  peace,  and  do  not 


*  These  proceedings  took  place  at  the  First  Session  of  the 
Thirty-Eighth  Congress: 

IX  SENATE. 

1863,  December  17 — Mr.  SUMNER  offered  this  as  a  new 
rule  for  the  Senate: 

The  oath  or  affirmation  prescribed  by  act  of  Congress  of 
July  2,  1862,  to  be  taken  and  subscribed  before  entering 
upon  the  duties  of  office,  shall  be  taken  and  subscribed  by 
every  Senator,  in  open  Senate,  before  entering  upon  his 
duties.  It  shall  also  be  taken  and  subscribed  in  the  same 
way  by  the  Secretary  of  the  Senate;  but  the  other  officers 
of  the  Senate  may  take  and  subscribe  it  in  the  office  of  the 
Secretary. 

Decen.  er  18— Mr.  SAXJL8BTOT  moved  this  substitute: 

That  the  Committee  on  the  Judiciary  be  instructed  to 
Inquire  whether  Senators  and  Representatives  in  Congress 
are  included  within  the  provisions  of  the  act  entitled  "An 
Act  to  prescribe  an  oath  of  office,  and  for  other  purposes," 
approved  July  2,  18C2,  and  whether  the  said  act  is  in 
accordance  or  in  conflict  with  the  Constitution  of  the 
United  States. 

A  motion  to  refer  to  the  Committee  on  the  Judiciary  was 
lost — yeas  15,  nays  26. 

1864,  January  21— Mr.  SALISBURY'S  substitute  was  lost- 
yeas  12,  nays  26.     The  YEAS  were:  Messrs.  Buckalew.  Gar- 
Hie,  Cowan,  JJavis,  Ifardint/,  Henderson,  Jlendricks,  John 
son,  Powell,  Saulsbury,  Wi'lley,  Wright. 

January  25 — The  new  rule  was  adopted — yeas  28,  nays 
11,  as  follows: 

YEAS — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Col- 
lamer,  Conness.  Dixon,  Fessenden,  Foster,  Grimes,  Hale, 
Harlan,  Henderson,  Howard,  Lane  of  Kansas,  Morgan, 
Mori  Ml,  Ramsey,  Sherman,  Sprague,  Sumner,  Ten  Eyck, 
i'ruinl.ull,  Van  Winkle,  Wade,  Wilkinson,  Willey,  Wil 
son— 28. 

NAYS — Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Doolit- 
tle,  Harris,  Howe,  Johnson,  Powell,  Saulsbury,  Wright — 11. 


improve  proffered  opportunities  to  achieve  it,  is  doins; 
great  harm  now,  atid  is  morally  certain,  unless  removed,  to 
do  far  greater  in  the  approaching  elections. 

It  is  not  enough  that  we  anxiously  desire  a  true  and 
lasting  peace;  we  ought  to  demonstrate  and  establish  the- 
truth  beyond  cavil.  The  fact  that  A.  II.  Stephens  was  not 
permitted  a  year  ago  to  viait  and  confer  with  the  authori 
ties  at  Washington  has  done  harm,  which  the  tone  at  the 
late  National  Convention  at  Baltimore  is  not  calculated  to 
counteract. 

I  entreat  you,  in  your  own  time  and  manner,  to  submit 
overtures  for  pacification  to  the  Southern  insurgents,  which 
the  impartial  must  pronounce  frank  and  generous.  If 
only  with  a  view  to  the  momentous  election  soon  to  occur 
in  North  Carolina,  and  of  the  draft  to  be  enforced  in  tho 
free  States,  this  should  be  done  at  once.  I  would  give  the 
safe  conduct  required  by  the  rebel  envoys  at  Niagara  upon 
their  parole  to  avoid  observation  and  to  refrain  from  all 
communication  with  their  sympathizers  in  the  loyal  States ; 
but  you  may  see  reasons  for  declining  it.  But  whether 
through  them  or  otherwise,  do  not,  I  entreat  you,  fail  to 
make  the  Southern  people  comprehend  that  you,  and  all  of 
us,  are  anxious  lor  peace,  and  prepared  to  grant  liberal 
terms.  I  venture  to  suggest  the  following 

PLAN    OF     ADJUSTMENT. 

1.  The  Union  is  restored  and  declared  perpetual. 

2.  Slavery  is  utterly  and  forever  abolished  throughout 
the  same. 

3.  A  complete  amnesty  for  all  political  offences,  with  a 
restoration  of  all  the  inhabitants  of  each  State  to  the  priv 
ileges  of  citizens  of  the  United  States. 

4.  The  Union  to  pay  four  hundred  million  dollars  in  five 
per  cent.  United  States  stock  to  the  late  slave  States,  loyal 
and  secession  alike,  to  be  apportioned  pro  rtita,  according 
to  their  slave   population  respectively,  by  the  census  of 
1860,  in  compensation  for  the  losses  of  their  loyal  citizens 
by  the  abolition  of  slavery.    Each  State  to  be  entitled  tt> 
its  quota  upon  the  ratification  by  its  Legislature  of  this 
adjustment.    The  bonds  to  be  at  the  absolute  disposal  of 
the  Legislature  aforesaid. 

5.  The  said  slave  States  to  be  entitled  henceforth  to  rep 
resentation  in  the  House  on  the  basis  of  their  total  instead 
of  their  Federal  population,  the  whole  now  being  free. 

6.  A  National  Convention,  to  be  assembled  so  soon  as 
may  be,  to  ratify  this  adjustment,  and  make  such  changes 
in  the  Constitution  as  may  be  deemed  advisable. 

Mr.  President,  I  fear  you  do  not  realize  how  intently  the 
people  desire  any  peace  consistent  with  the  National  integ 
rity  and  honor,  and  how  joyously  they  would  hail  its 
achievement  and  bless  its  authors.  With  United  State* 
stocks  worth  but  forty  cents  in  gold  per  dollar,  and  draft 
ing  about  to  commence  on  the  third  million  of  Union  sol 
diers,  can  this  be  wondered  at  ? 

I  do  not  say  that  a  just  peace  is  now  attainable,  though 
I  believe  it  to  be  so.  But  I  do  say  that  a  frank  offer  by 
you  to  the  insurgents  of  terms  which  the  impartial  say 
ought  to  be  accepted,  will,  at  the  worst,  prove  an  immense- 
and  sorely  needed  advantage  to  the  national  cause.  It 
may  save  us  from  a  Northern  insurrection. 

Yours,  truly,  HORACE  GREELEY. 

Hon.  A.  LINCOLN',  President,  Washington,  D.  C. 

P.  S. — Even  though  it  should  be  deemed  unadvisable  to 
make  an  offer  of  terms  to  the  rebels,  I  insist  that,  in  any 
possible  case,  it  is  desirable  that  any  offer  they  may  be  dis 
posed  to  make  should  be  received,  and  either  accepted  or 
rejected.  I  beg  you  to  invite  those  now  at  Niagara  to 
exhibit  their  credentials  and  submit  their  ultimatum. 

II.  CL 

The  Menonites  on  the  War. 

The  religious  society  known  as  the  •'  Meno 
nites,"  at  their  annual  Cont'erenc  \  held  at  Ger- 
muntown,  Pa..  March  6  and  Y,  1865,  passed  a 
series  of  resolutions  sustaining  the  government 
in  its  efforts  to  crush  the  rebellion.  Among 
them  are  the  following  : 

Resolved,  That  the  success  of  our  arms  on  sea  and  land 
during  the  last  year  calls  aloud  for  thanksgiving  and  praise 
to  Almighty  God,  who  alone  is  the  giver  of  victory,  and  iu 
whose  hands  are  the  destinies  of  men  and  nations. 

Resolved,  That  the  present  war  is  a  struggle  between 
truth  and  error,  right  and  wrong,  freedom  and  bondage. 

Resolved,  That  we  have  unfaltering  confidence  in  the 
Chief  Executive  of  our  nation:  in  the  honest  purposes  of 
his  heart;  in  his  fidelity  to  God  and  the  best  interests  of 
the  whole  people,  and  to  the  sublime  principles  of  freedom 
and  justice  the  wide  world  over. 

Resolved,  That  we  pledge  him  our  undivided  support  and 
most  ardent  prayers  in  his  efforts  to  maintain  our  national 


604 


APPENDIX. 


honor  untarnished,  and  crush  out  the  last  vestige  of  this 
•laveholders'  foul  rebellion. 

Resolved,  That  it  is  the  duty  of  every  Christian  patriot  to 
pray  for  the  President  and  all  that  are  high  in  authority; 
for  our  soldier*  and  seamen,  and  for  the  success  of  our  arms ; 
and  that  he,  who  in  the  hour  of  his  country's  travail  stands 
not,  up  manfully  to  vindicate  her  cause,  or  witholds  his  sup 
port  from  the  government  whose  fostering  care  hasguami: 
teed  him  all  the  rights  and  immunities  of  citizenship,  i 
recreant  to  God  and  false  to  the  highest  principles  of  trutl 
and  justice,  and  unworthy  the  name  of  an  American  citi 
sen. 

Additional  Proclamations,  Orders 
Letters,  and  Addresses  of  President 
Lincoln.* 

PROCLAMATIONS. 

FOR  THREE  HUNDRED  THOUSAND  MEN.f 
Whereas,  by  the  act  approved  July  4,  1864,  entitled  "  A 
act  further  to  regulate  and  provideVor  the  enrolling  an« 
calling  out  the  national  forces,  and  for  other  purposes,"  il 
is  provided  that  the  President  of  the  United  States  may  "at 
his  discretion  at  any  time  hereafter  call  for  any  number  of 
men  as  volunteers  for  the  respective  terms  of  one,  two  and 
three  years  for  military  service,"  and  "  that  in  case  the  quota 
or  any  part  thereof,  of  any  town,  township,  ward  of  a  city, 
precinct  or  election  district,  or  of  a  county  not  so  sub 
divided,  shall  not  be  filled  within  the  space  of  fifty  days 
after  such  call,  then  the  President  shall  immediately  order 
a  draft  for  one  year,  to  fill  such  quota  or  any  part  thereof 
which  may  be  unfilled;"  and  whereas, by  the  credits  allowed 
in  accordance  with  the  act  of  Congress  on  the  call  for  five 
hundred  thousand  men,  made  July  18th,  1864,  the  number 
of  men  to  be  obtained  under  that  call  was  reduced  to  280,- 
000 ;  and  whereas,  the  operations  of  the  enemy  in  certain 
States  have  rendered  it  impracticable  to  procure  from  them 
their  full  quotas  of  troops,  under  said  call ;  and  whereas 
from  the  foregoing  causes  but  250,000  men  have  been  put 
into  the  army,  navy,  and  marine  corps,  under  the  said  call  of 
July  18, 18G4,  leaving  a  deficiency  on  that  call  of  250,000 ; 
now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the  United 
States  of  America,  in  order  to  supply  the  aforesaid  defici 
ency,  and  to  provide  for  casualties  in  the  military  and  naval 
service  of  the  United  States,  do  issue  this,  my  call,  for 
Three  Hundred  Thousand  Volunteers  to  serve  for  one'  two 
or  three  years.  The  quotas  of  the  States,  districts  aud'sub- 
districts  under  this  call  will  be  assigned  by  the  War  Depart 
ment  through  the  Bureau  of  the  Provost"  Marshal  General 
of  the  United  States,  and  "in  case  the  quota  or  any  part 
thereof,  of  any  town,  township,  ward  of  a  city,  precinct  or 
election  district,  or  of  a  county,  not  so  subdivided,  shall  not 
be  filled"  before  the  15th  day  of  February,  1865,  then  a  draft 
shall  be  made  to  fill  such  quota,  or  any  part  thereof  under 
this  call,  which  may  be  unfilled  on  said  loth  day  of  Feb 
ruary,  1865. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  19th  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hun- 
*L.  s.]  drcd  and  sixty-four,  and  of  the  Independence  of  the 
United  States  of  America  the  eighty-ninth. 

ABRAHAM  LINCOLN. 

By  the  President: 

WM.  II.  SEWARD,  Secretary  of  State. 


*For  other  Papers,  see  pages  332-337,  and  423-425. 

t  For  other  calls,  see  pages  114, 115,  and  270.  1865,  April 
13— Secretary  STANTON  sent  this  telegram  to  Major  General 
Dix: 

WAR  DEPARTMENT, 
WASHINGTON,  D.  C.,  April  13,  6  P.  M. 
Major  General  Dix,  Xcw  York : 

This  department,  after  mature  consideration  and  consul 
tation  with  the  Lieutenant  General  upon  the  result  of  the 
recent  campaign,  has  come  to  the  following  determinations, 
•which  will  be  carried  into  effect  by  appropriate  orders  im 
mediately  to  be  issued : 

First.  To  stop  all  drafting  and  recruiting  in  the  loval 
States. 

Second.  To  curtail  purchases  for  arms,  ammunition,  quar 
termaster  and  commissary  supplies,  and  reduce  the  expen 
ses  of  the  military  establishment  in  its  several  branches. 

Third.  To"  reduce  the  number  of  general  and  staff  olli- 
oers  to  the-  actual  necessities  of  the  service. 

Fourth.  To  remove  .-J1  military  restriction  upon  trade 
nd  commerce,  so  far  as  may  be  consistent  with  pn 


public 


and 
Bafety. 

As  soon  as  these  measures  can  be  put  in  operation,  it  will 
be  made  known  by  public  orders. 

EDWIN  M.  STANTON, 

Secretary  of  War. 


PARDON   TO    DESERTERS. 

Whereas,  the  twenty-first  section  of  the  act  of  Congresn, 
approved  on  the  third  instant,  entitled  "An  act  to  amend' 
the  several  acts  heretofore  passed  to  provide  for  the  enrol 
ling  and  calling  out  the  national  forces,  and  for  othor  pur 
poses."  requires  "that  in  addition  to  the  other  lawful  pen 
alties  of  the  crime  of  desertion  from  the  military  and  naval 
service,  all  persons  who  have  deserted  the  military  or  naval 
service  of  the  United  Stages  who  shall  not  return  to  said 
service,  or  report  themselves  to  a  provost  marshal  within 
sixty  (lays  after  the  proclamation  hereinafter  mentioned, 
shall  be  deemed  and  taken  to  have  voluntarily  relinquished 
and  forfeited  their  rights  of  citizenship  and  their  rights  to 
become  citizens,  and  such  deserters  shall  be  forever  inca 
pable  of  holding  any  office  of  trust  or  profit  under  the 
United  States,  or  of  exercising  any  rights  of  citizens  there 
of;  and  all  persons  who  shall  hereafter  desert  the  military 
or  naval  service,  and  all  persons  who,  being  duly  enrolled, 
shall  depart  the  jurisdiction  of  th?  district  in  which  he  is 
enrolled,  or  go  beyond  the  limits  of  the  United  States  with 
intent  to  avoid  any  draft  into  the  military  or  naval  service, 
duly  ordered,  shall  be  liable  to  the  penalties  of  this  section. 
And  the  President  is  hereby  authorized  and  required  forth 
with,  on  the  passage  of  this  act,  to  issue  his  proclamation 
setting  forth  the  provisions  of  this  section,  in  which  pro 
clamation  the  President  is  requested  to  notify  all  deserters 
returning  within  sixty  days,  as  aforesaid,  that  they  shall  be 
pardoned  on  condition  of  returning  to  their  regiments  and 
companies,  or  to  such  other  organizations  as  they  may  be 
assigned  to,  until  they  shall  have  served  for  a  period  of  time 
equal  to  their  original  term  of  enlistment." 

Now,  therefore,  be  it  known  that  I,  ABRAHAM  LINCOLN, 
President  of  the  United  States,  do  issue  this  my  proclama 
tion,  as  required  by  said  act,  ordering  and  requiring  all 
deserters  to  return  to  their  proper  posts;  and  I  do  hereby 
notify  them  that  all  deserters  who  shall,  within  sixty  days 
from  the  date  of  this  proclamation,  viz:  on  or  before  the 
10th  day  of  May,  1865,  return  to  service,  or  report  them 
selves  to  a  provost  marshal,  shall  be  pardoned,  on  condition 
that  they  return  to  their  regiments  and  companies,  or  to 
such  other  organizations  as  they  may  be  assigned  to,  and 
serve  the  remainder  of  their  original  terms  of  enlistment, 
and,  in  addition  thereto,  a  period  equal  to  the  time  lost  by 
desertion. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and 
caused  the  seal  of  the  United  States  to  be  affixed. 
Done  at   the  city  of  Washington,  this  eleventh  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
'L.  s.]  hundred  and  sixty-five,  and  of  the  Independence  of 
the  United  States,  the  eighty-ninth. 

ABRAHAM  LINCOLN. 
By  the  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

A  WARNING  TO  BLOCKADE-RUNNERS   AND    OTHERS. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  March  14, 1865. 

The  President  directs  that  all  persons  who  now  are,  or 
icreafter  shall  be,  found  within  the  United  States,  and  who 
"lave  been  engaged  in  holding  intercourse  or  trade  with  the 
nsurgents  by  sea,  if  they  are  citizens  of  the  United  States 
or  domiciled  aliens,  be  arrested  and  held  as  prisoners  of  war 
intil  the  war  shall  close,  subject,  nevertheless,  to  prosecu 
tion,  trial,  and  conviction  for  any  offence  committed  bv 
them  as  spies,  or  otherwise  against  the  laws  of  war. 

The  President  further  directs  that  all  non-resident  for- 

gners  who  now  are,  or  hereafter  shall  be,  found  in  the 
[Jnited  States,  and  who  have  been  or  shall  hereafter  be  en 
gaged  in  violating  the  blockade  of  tue  insurgent  ports, 
iha!l  leave  the  United  States  within  twelve  days  from  the 
)ublication  of  this  order,  or  from  their  subsequent  arrival 
n  the  United  States,  if  on  the  Atlantic  Hide,  and  forty  days 
f  on  the  Pacific  side  of  the  country.  And  such  persons 
hall  not  return  to  the  United  States  during  the  continuance 
>f  the  war. 

Provost  Marshals  and  Marshals  of  the  United  States  will 
irrest  and  commit  to  military  custody  all  such  offenders  as 
hall  disregard  this  order,  whether  they  have  passports  or 
lot,  and  they  will  be  detained  in  such  custody  until  the 
nd  of  the  war,  or  until  discharged  by  subsequent  order  ol 
he  President. 

WILLIAM  II.  SEWARD, 
Secretary  of  State. 

A  REWARD  OFFERED  FOR  THE  ARREST  OF  RAIDERS. 

Tho  following  has  been  promulgated  by  tbe 
Secretary  of  State : 

Jo  all  whom  these  presents  may  concern : 

Whereas  for  some  time  past  evil  disposed  persons  have 
rossed  the  borders  of  the  United  States,  or  entered  their 
orts  by  sea  from  countries  where  they  are  tolerated,  t»ud 

ve  committed  capital  felonies  against  the  property  and 


APPENDIX. 


605 


life  of  American  citizens,  as  well  in  tho  cities  as  in  the  rural 
districts  of  the  «  ountry : 

Now,  therefor  ?,  iu  the  name  and  by  the  authority  of  the 
President  of  th*  United  States,  I  do  hereby  make  known 
that  a  reward  of  one  thousand  dollars  will  be  paid  at  this 
Department  for  the  capture  of  each  of  such  offenders,  upon 
his  conviction  by  a  civil  or  military  tribunal,  to  whomsoever 
shall  arrest  and*  deliver  such  offenders  into  the  custody  of 
the  civil  or  military  authorities  of  the  United  States;  and 
tin-  like  reward  svill  be  paid,  upon  the  same  terms,  for  the 
cuptui  e  of  any  such  persons  so  entering  the  United  States 
whose  offences  shall  be  committed  subsequently  to  the  pub 
lication  of  this  notice.  A  reward  of  five  hundred  dollars 
will  be  paid,  upon  conviction,  for  the  arrest  of  any  person 
who  shall  ha^-e  aided  and  abetted  offences  of  the  class  before 
named  within  the  territory  of  the  United  States. 

Given  under  my  hand  and  the  seal  of  the  Department  of 
State,  at  Washington,  this  fourth  day  of  April,  A.  D.  1865 
WILLIAM  II.  SEWARD, 
Secretary  of  State. 

CLOSING    CERTAIN    PORTS. 

Whereas  by  my  proclamations  of  the  nineteenth  and 
twenty-seventh  days  of  April,  one  thousand  eight  hundred 
and  sixty-one,  the  ports  of  the  United  States  in  the  States 
of  Virginia,  North  Carolina,  South  Carolina,  Georgia,  Flor 
ida,  Alabama,  Mississippi,  Louisiana,  and  Texas  were  de 
clared  to  be  subject  to  blockade;  but  whereas  the  said 
blockade  has,  in  consequence  of  actual  military  occupation 
by  this  Government,  since  been  conditionally  set  aside  or 
relaxed  in  respect  to  the  ports  of  Norfolk  and  Alexandria, 
in  the  State  of  Virginia;  Beaufort,  in  the  State  of  North 
Carolina;  Port  Royal,  in  the  State  of  South  Carolina;  Pen- 
eacola  and  Fernaudina,  in  the  State  of  Florida,  and  New 
Orleans,  in  the  State  of  Louisiana: 

And  whereas,  by  the  fourth  section  of  the  act  of  Congress, 
approved  on  the  thirteenth  of  July,  eighteen  hundred  and 
sixty-one,  entitled  "  An  act  further  to  provide  for  the  col 
lection  of  duties  on  imports  and  for  other  purposes,"  the 
President,  for  the  reasons  therein  set  forth,  is  authorized 
to  close  certain  ports  of  entry : 

Now,  therefore,  be  it  known  that  I,  ABRAHAM  LINCOLN, 
President  of  the  United  States,  do  hereby  proclaim  that 
the  ports  of  Itichmond,  Tappahannock,  Cherrystone,  York- 
town,  and  Petersburg,  in  Virginia;  of  Camden,  (Elizabeth 
City,)  Edenton,  Plymouth,  Washington,  Newbern,  Ocra- 
coke,  and  Wilmington,  in  North  Carolina;  of  Charleston, 
Georgetown,  and  Beaufort,  in  South  Carolina;  of  Savan 
nah,  St.  Mary's,  and  Brunswick,  (Darien,)  in  Georgia;  of 
Mobile,  in  Alabama;  of  Pearl  river,  (Shieldsborough,) 
Natchez,  and  Yicksburg.  in  Mississippi;  of  St.  Augustine, 
Key  West.  St.  Marks,  (Port  Leon,)  St.  Johns, (Jacksonville,) 
and  Apalachicola, iu  Florida;  of  Teche,  (Franklin,)  in  Lou 
isiana;  of  Galvestou,  La  Salle,  Brazos  de  Santiago,  (Point 
Isabel.)  and  Brownsville,  Texas,  are  hereby  closed,  and 
all  right  of  importation,  warehousing,  and  other  privileges 
shall,  in  respect  to  the  ports  aforesaid,  cease  until  they  shall 
have  again  been  opened  by  order  of  the  President ;  and  if, 
while  said  ports  aie  so  closed,  any  ship  or  vessel  from  be 
yond  the  United  States,  or  having  on  board  any  articles 
*ubject  to  duties,  shall  attempt  to  enter  any  such  port,  the 
same,  together  with  its  tackle,  apparel,  furniture,  and  cargo 
shall  "be  forfeited  to  the  United  States. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  eleventh  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
[L.  s.]  and  sixty-five,  and  of  the  Independence  of  the  United 
States  of  America  the  eighty-ninth. 

ABRAHAM  LINCOLN. 

By  the  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 

EQUALITY  OF  RIGHTS  WITH  ALL  MARITIME  NATIONS. 

Whereas  for  some  time  past  vessels  of  war  of  the  United 
States  have  been  refused,  in  certain  foreign  ports,  privileges 
and  immunities  to  which  they  were  entitled  by  treaty, 
public  law,  or  the  comity  of  nations,  at  the  same  time  that 
vessels  of  war  of  the  country  wherein  the  said  privileges 
and  immunities  have  been  withheld  have  enjoyed  them 
fully  and  uninterruptedly  in  ports  of  the  United  States; 
which  condition  of  things  has  not  always  been  forcibly  re 
sisted  by  the  United  States,  although,  on  the  other  hand, 
they  have  not  at  any  time  failed  to  protest  against  and  de 
clare  their  dissatisfaction  with  the  same;  in  the  view  of  the 
United  States  no  condition  any  longer  exists  which  can  be 
claimed  to  justify  the  denial  to  them  by  any  one  of  said 
nations  of  customary  naval  rights  such  as  has  heretofore 
been  so  unnecessarily  persisted  in  : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  do  hereby  make  known,  that  if  after  a  rea 
sonable  time  shall  have  elapsed  for  intelligence  of  this 
proclamation  to  have  reached  any  foreign  country  in  whose 
port*  the  said  privileges  and  immunities  shall  have  been  re 


fused,  as  aforesaid,  they  shall  continue  to  be  so  refused, 
then  and  thenceforth  tho  same  privileges  and  immunities 
shall  be  refused  to  the  vessels  of  war  of  that  country  in  the 
ports  of  the  United  States;  and  this  refusal  shall  continue 
until  war  vessels  of  the  United  States  shall  have  been 
placed  upon  an  entire  equality  in  the  foreign  ports  afore 
said  with  similar  vessels  of  other  countries.  The  United 
States,  whatever  claim  or  pretonce  may  have  existed  here 
tofore,  are  now,  at  least,  entitled  to  claim  and  concede  an 
entire  and  friendly  equality  of  rights  and  hospitalities  with 
all  maritime  nations. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  afGxed. 

Done  at  the  city  of  Washington,  this  eleventh  day  of 
April,  in  the"  year  of  our  Lord  one  thousand  eight 
[L.  s.]  hundred  and  sixty-five,  and  of  the  Independence  of 
the  United  States 'of  America  the  eighty-ninth. 

ABRAHAM  'LINCOLN. 

By  the  President : 

WILLIAM  II.  SEWARD,  Secretary  of  Stc.te. 

PORT    OF    KEY  WEST. 

Whereas,  by  my  proclamation  of  this  date  the  port  of 
Key  West,  in  the  Slate  of  Florida,  was  inadvertently  in 
cluded  among  those  which  are  not  open  to  commerce  : 

Now,  therefore,  be  it  known  that  I,  ABRAHAM  LINCOLN, 
President  of  the  United  States,  do  hereby  declare  and  make 
known  that  the  said  port  of  Key  West  is  and  shall  remain 
open  to  foreign  and  domestic  commerce  upon  the  same 
conditions  by  which  that  commerce  has  there  hitheno 
been  governed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 
Done  at  the  city  of  Washington,  this   eleventh  day  of 
April,  in  the  year  of  our  Lord   one   thousand  eight 
[L.  s.]  hundred  and  sixty-five,  and  of  the  Independence  of 
the  United  States  of  America  the  eighty-ninth. 

ABRAHAM  LINCOLN. 
By  the  President : 

WM.  II.  SEWARD,  Secretary  of  State. 

OBSERVANCE  OF  THE  SABBATH. 

EXECUTIVE  MANSION, 
WASHINGTON,  Aor.  16, 1864. 

The  President,  Commander-in-Chief  of  the  Army  and 
Navy,  desires  and  enjoins  the  orderly  observance  of  the  Sab 
bath  by  the  officers  and  men  in  the  military  and  naval  ser 
vice.  The  importance  for  man  and  beast  of  the  prescribed 
weekly  rest,  the  sacred  rights  of  Christian  soldiers  and 
sailors,  a  becoming  deference  to  the  best  sentiment  of  Chris 
tian  people,  and  a  due  regard  for  the  Divine  will,  demand 
that  Sunday  labor  in  the  Army  and  Navy  be  reduced  to  the 
measure  of  strict  necessity. 

The  discipline  and  character  of  the  national  forces  should 
not  suffer,  nor  the  cause  they  defend  be  imperiled,  by  the 
profanation  of  the  day  or  name  of  the  Most  High. '  '-At 
this  time  of  public  distress'' — adopting  the  words  of  Wash 
ington  in  177C — "men  may  find  enough  to  do  iu  the  service 
of  their  God  and  their  country  without  abandoning  them 
selves  to  vice  and  immorality."  The  first  General  Order 
issued  by  the  Father  of  his  Country  after  the  Declaration  of 
Independence,  indicates  the  spirit  in  which  our  institutions 
were  founded  and  should  ever  be  defended :  "  The  General 
hopes  and  trusts  that  every  ojjicer  and  man  will  endeavor 
to  live  and  act  as  becomes  a  Christian  soldier,  defending  the 
dearest  rights  and  liberties  of  his  country." 

ABRAHAM  LINCOLN. 

LETTERS. 
TO  MRS.  ELIZA  P.  GURNET. 

EXECUTIVE  MANSION, 
WASHINGTON,  September  30, 1864. 

MY  ESTEEMED  FRIEND  :  I  have  not  forgotten,  probably 
never  shall  forget,  the  very  impressive  occasion  when  your 
self  and  friends  visited  me  on  a  Sabbath  forenoon  two 
years  ago.  Nor  had  your  kind  letter,  written  nearly  a  year 
later,  ever  been  forgotten.  Iu  all  it  has  been  your  purpose 
to  strengthen  my  reliance  in  God.  I  am  much  indebted  to 
the  good  Christian  people  of  the  country  for  their  constant 
prayers  and  consolations,  and  to  no  one  of  them  more  than 
to  yourself.  The  purposes  of  the  Almighty  are  perfect 
and  must  prevail,  though  we  erring  mortals  may  fail  to  ac 
curately  perceive  them  in  advance.  We  hoped  for  a  happy 
termination  of  this  terrible  war  long  before  this;  but  God 
knows  best,  and  has  ruled  otherwise.  We  shall  yet  ac 
knowledge  His  wisdom  and  our  own  errors  therein; 
meanwhile  we  must  work  earnestly  in  the  best  light  Ho 
gives  us,  trusting  that  so  working  still  conduces  to  the 
great  ends  He  ordains.  Surely  He  intends  some  great  good 
to  follow  this  mighty  convulsion  which  no  mortal  could 
make,  and  no  mortal  could  stay. 

Your  people — the  Friends — have  had,  and  are  having, 
very  great  trials,  on  principles  and  faith  opposed  to  both 


600 


APPENDIX. 


war  and  oppression.  They  cnn  only  practically  oppose  op- 
preMton  by  war.  In  this  hard  dilemma,  some  have 
chosen  one  horn  arid  some  tho  other. 

For  those  appealing  to  ine  on  conscientious  grounds  I 
have  done  and  shall  do  the  host  I  could  and  can  in  my  own 
conscience  under  my  oath  to  the  law.  That  you  believe 
this  I  doubt  not,  and  believing  it  I  shall  still  receive  for  u>y 
country  and  myself  your  earnest  prayers  to  our  Father  iu 
Heaven.  Your  sincere  friend, 

A.  LINCOLN. 
TO  DEACON  JOHN  PHILLIPS. 

Deacon  John  Phillips,  of  Sturbridge,  Massa 
chusetts,  whose  great  age — one  hundred  and 
four  years— did  not  prevent  him  from  voting 
on  the  8th  of  November,  received  the  following 
letter  from  the  PRESIDENT  : 

EXECUTIVE  MANSION, 
WASHINGTON,  JVow.  21, 1864. 

MY  DEAR  SIR:  I  have  heard  of  the  incident  at  the  polls 
in  your  town,  in  which  you  acted  so  honorable  a  part,  and 
I  take  the  liberty  of  writing  to  you  to  express  my'personal 
gratitude  for  the  compliment  paid  me  by  the  suffrage  of  a 
citizen  so  venerable. 

The  example  of  such  devotion  to  civic  duties  in  one 
whose  days  have  already  been  extended  an  average  life 
time  beyond  the  Psalmist's  limit,  cannot  but  be  valuable 
and  fruitful.  It  is  not  for  myself  only,  but,  for  the  coun 
try,  which  you  have  in  your  sphere  served  so  long  and  so 
•  well,  that  1  thank  you.  Your  Jriend  and  servant, 

A.  LINCOLN. 
Deacon  JOHN  PHILLIPS. 

TO  MRS.  BIXBY. 

Mrs.  Bixby,  the  recipient  of  the  following 
letter  from  Piesident  LINCOLN,  is  a  poor  widow 
living  in  the  Eleventh  Ward  of  Boston.  Her 
sixth  son  was  severely  wounded  in  a  recent 
battle : 

EXECUTIVE  MANSION, 
WASHINGTON,  Nov.  21,  1864. 

DEAR  MADAM:  I  have  been  shown  on  the  tile  of  the  War 
Department  a  statement  of  tho  Adjutant  General  of  Massa 
chusetts,  that  you  are  the  mother  of  five  sous  who  have 
died  gloriously  on  the  field  of  battle. 

I  fed  how  weak  and  fruitless  must  be  any  word  of 
mine  which  should  attempt  to  beguile  you  from  the  grief 
of  a  loss  so  overwhelming ;  but  I  cannot  refrain  from  ten 
dering  to  you  the  consolation  that  may  be  found  in  the 
thanks  of  the  Republic  they  died  to  save. 

I  pray  that  our  Heavenly  Father  may  assuage  the  an 
guish  of  your  bereavements,  and  leave  only  the  cherished 
memory  of  the  loved  and  lost,  and  the  solemn  pride  that 
must  be  yours  to  have  laid  so  costly  a  sacrifice  upon  the  altar 
of  freedom. 

Yours,  very  sincerely  and  respectfully, 

A.  LINCOLN. 
To  Mrs.  BIXBY,  Boston,  Mass. 

TO  THE  NEW  ENGLAND  SOCIETY. 

EXECUTIVE  MANSION, 
WASHINGTON,  December  19, 1864. 

MY  DEAR  SIR:  I  have  the  honor  to  acknowledge  the  re 
ception  of  your  kind  invitation  to  be  present  at  the  annual 
festival  of  the  New  England  Society  to  commemorate  tho 
landing  of  the  Pilgrims,  on  Thursday,  the  22d  of  this 
month. 

My  duties  will  not  allow  me  to  avail  myself  of  your  kind 
ness. 

I  cannot  but  congratulate  you  and  the  country,  however, 
upon  the  spectacle  of  devoted  unanimity,  presented  by  the 
people  at  home,  tho  citizens  that  form  our  marching  col 
umns,  and  the  citizens  that  fill  our  squadrons  on  the  sea, 
all  animated  by  the  same  determination  to  complete  the 
work  our  fathers  began  and  transmitted. 

The  work  of  the  Plymouth  emigrants  was  the  glory  of 
their  age.  While  wo  reverence  their  memory,  let  us  not 
forget  how  vastly  greater  is  our  opportunity.  I  am,  very 
truly,  your  obedient  servant,  A.  LINCOLN. 

JOSEPH  H.  CHOATE,  Esq. 

TO  A  SOLDIERS'  FAIR. 

EXECUTIVE  MANSION, 
*  WASHINGTON,  December  19,  1864. 

To  the  Ladies  managing  the  Soldiers'  Fair  at  Springfield, 
Mass.  : 

Your  kind  invitation  to  be  present  at  tho  opening  of  your 
fair  is  duly  received  by  the  hand  of  Mr.  Ashmun.  Grate 
ful  for  tho  compliment,  and  ever  anxious  to  aid  the  good 
cause  in  which  you  are  engaged,  I  yet  am  compelled,  by 


public  duties  here,  to  decline.  The  recent  good  news  from 
Generals  Sherman,  Thomas,  and,  indeed,  from  nearly  all 
quarters,  will  be  far  better  than  my  presence,  and  will  af 
ford  all  the  impulse  and  enthusiasm  you  will  need. 

Your  obedient  servant.  A.  LINCOLN. 

ON  AFFAIRS    IN  MISSOURI. 

EXECUTIVE  MANSION. 
WASHINGTON,  February  20, 1865. 
His  Excellency  Governor  Fletcher  : 

tt  seems  that  there  is  now  no  organized  military  force  of 
the  enemy  in  Missouri,  and  yet  that  destruction  of  property 
and  life  is  rampant  everywhere.  Is  not  the  cure  for  this 
within  easy  reach  of  the  people  themselves?  It  cr.nnot 
but  be  that  every  man,  not  naturally  a  robber  or  cut-throat, 
would  gladly  put  an  cod  to  this  state  of  things.  A  lar»e 
majority  in  every  locality  must  feel  alike  upon  this  subject; 
and  if  so,  they  only  need  to  reach  an  understanding,  one 
with  another.  Each  leaving  all  others  alone  solves  the  pro 
blem;  and  surely  each  would  do  thishnt  lor  his  apprehen 
sion  that  others  will  not  leave  him  'done.  Cannot  this  mis 
chievous  distrust  be  removed  ?  Let  neighborhood  meetings 
be  everywhere  called  and  held  of  all  euVrtaining  a  sinrer* 
purpose  for  mutual  security  in  the  future,  whatever  they 
may  heretofore  have  thought,  said,  or  done  about  the  war  o"r 
about  anything  else.  Let  all  such  meet,  and,  waiving  all 
else,  pledge  each  to  cease  harassing  others,  and  to  make 
common  cause  against  whoever  persists  in  making,  aiding, 
or  encouraging  further  disturbance.  The  practical  means 
they  will  best  know  how  to  adopt  and  apply.  At  such 
meetings  old  friendships  will  cross  the  memory,  and  honor 
and  Christian  charity  will  come  in  to  help. 

Please  consider  whether  it  may  not  be  well  to  suggest 
this  to  the  now  afflicted  people  of  Missouri. 
Yours,  truly, 

A.  LINCOLN. 

ON   EMPLOYING   DISABLED    SOLDIERS. 
EXECUTIVE  MANSION, 
WASHINGTON,  March  1,  1865. 

GENTLEMEN:  I  have  received  your  address,  on  the  part  of 
the  Bureau  for  the  Employment  of  Disabled  and  Discharged 
Soldiers,  which  has  recently  been  established  in  connection 
with  the  Protective  War  Claim  Association  of  the  Sanitary 
Commission. 

It  gives  me  pleasure  to  assure  you  of  my  hearty  concur 
rence  with  the  purposes  you  announce,  and  I  shall  at  all 
times  be  ready  to  recognize  the  paramount  claims  of  the 
soldiers  of  the  nation  in  the  disposition  of  public  trusts.  I 
shall  be  glad,  also,  to  make  these  suggestions  to  the  sev 
eral  heads  of  departments. 

I  am,  very  truly,  your  obedient  servant, 

A.  LINCOLN 
To  Lieut.  Gen.  WINFIELD  SCOTT,  President;  HOWARD  Pot- 

TER,  WM.  E.  DODGE,  JR..  THEO.  ROOSEVELT,  Esqs. 

ADDRESSES. 

AT  THE    CONSECRATION  OF  THE  NATIONAL  CEME 
TERY,  GETTYSBURG,  NOVEMBER  19,    1863. 

Fourscore  and  seven  years  ago  our  fathers  brought  forth 
on  this  continent,  a  new  nation,  conceived  in  Liberty,  and 
dedicated  to  the  proposition  that  all  men  are  created  equal. 

Now  wo  are  engaged  in  a  great  civil  war,  testing  whether 
that  nation,  or  any  nation  so  conceived  and  so  dedicated, 
can  long  endure.  We  are  met  on  a  great  battle-field  of  that 
war.  We  have  come  to  dedicate  a  portion  of  that  field,  as 
a  final  resting-place  for  those  who  here  gave  their  lives 
that  that  nation  might  live.  It  is  altogether  fitting  and 
proper  that  we  should  do  this. 

But,  in  a  larger  sense,  we  can  not  dedicate — we  can  not 
consecrate — wo  can  not  hallow— this  ground.  The  brave 
men,  living  and  dead,  who  struggled  here,  have  conse 
crated  it,  far  above  our  poor  power  to  add  or  detract.  The 
world  will  little  note  nor  long  remember  what  we  say 
here,  but  it  can  never  forget  what  they  did  here.  It  is 
for  us  the  living,  rather,  to  be  dedicated  here  to  the  un 
finished  work  which  they  who  fought  here  have  thus  far 
so  nobly  advanced.  It  is  rather  for  us  to  be  here  dedi- 
ated  to  the  great  task  remaining  before  us — that  from 
these  honored  dead  we  take  increased  devotion  to  that 
cause  for  which  they  gave  the  last  full  measure  ot  devo 
tion — that  we  here  highly  resolve  that  these  dead  shall 
not  have  died  in  vain — that  this  nation,  under  God,  shall 
liave  a  new  birth  of  freedom — and  that  government  of  the 
people,  by  the  people,  for  the  people,  shall  not  perish  from 
the  earth. 

TO   A   COMMITTEE    OF   THE    NEW  YORK  WORKING- 
MEN'S  REPUBLICAN  ASSOCIATION. 

1864,  March  21 — The  PRESIDENT,  replying  to 
their  address,  said  : 

GENTLEMEN  OF  THE  COMMITTEE:  The  honorary  member- 
hip  in  your  association  so  generously  tendered  is  gratefully 


APPENDIX. 


607 


accepted.  You  comprehend,  as  your  address  shows,  that  [ 
the  existing  rebellion  means  more  and  tends  to  more  than 
the  perpetuation  of  African  slavery ;  that  it  is  in  fact  a  war 
upon  the  rights  of  all  working  people.  Partly  to  show  that 
the  view  has  not  escaped  my  attention,  and  partly  that  I 
cannot  better  express  myself,  I  read  a  passage  from  the 
message  to  Congress  iu  December,  1861.  (See  pages  135, 
136.) 

The  views  then  expressed  remain  unchanged,  nor  have 
I  much  to  add.  None  are  so  deeply  interested  to  resist  the 
present  rebellion  as  the  working  people.  Let  them  beware 
of  prejudices  working  disunion  and  hostility  among  them 
selves.  The  most  notable  feature  of  a  disturbance  in  your 
city  last  summer  was  the  hanging  of  some  working  people 
by  other  working  people.  It  should  never  be  so.  The 


Wrongest  bond  of 


in  sympathy,  outside  of  the  family 


relation,  should  be  one  uniting  all  working  people,  of  all 
nations,  tongues,  ami  kindreds.  Nor  should  this  lead  to  a 
Avar  upon  property  or  the  owners  of  property.  Property 
is  the  fruit  of  labor:  property  is  desirable;  is  a  positive 
good  in  the  world.  That  some  should  be  rich  shows  that 
others  may  become  rich,  and  hence  is  just  encouragement 
to  industry  and  enterprise.  Let  not  him  who  is  houseless 
pull  down  the  house  of  another,  but  let  him  labor  diligently 
and  build  one  for  himself;  thus  by  example  assuring  that 
his  own  shall  be  safe  from  violence  when  built. 

TO    A    CLUB    OF    PENNSYLVANIANS. 

November  8 — The 'PRESIDENT,  at  a  late  hour 
in  the  night,  was  serenaded  by  a  club  of  Penn- 
sylvanians,  and  spoke  as  follows  : 

.FRIENDS  AND  FELLOW-CITIZENS  :  Even  before  I  had  been 
informed  by  you  that  this  compliment  was  paid  me  by 
loyal  citizens  of  Pennsylvania  friendly  to  me,  I  had  in 
ferred  that  you  were  of  that  portion  of  my  countrymen 
who  think  that  the  best  interests  of  the  nation  are  to  be 
subserved  by  the  support  of  the  present  Administration. 
I  do  not  pretend  to  say  that  you  who  think  so  embrace  all 
the  patriotism  and  loyalty  of  the  country ;  but  I  do  believe, 
and,  I  trust,  without  personal  interest,  that  the  welfare  of 
the  country  does  require  that  such  support  and  endorse 
ment  be  given. 

I  earnestly  believe  that  the  consequences  of  this  day's 
work  (if  it  be  as  you  assure,  and  as  now  seems  probable) 
will  be  to  the  lasting  advantage,  if  not  to  the  very  salva 
tion,  of  the  country.  I  cannot  at  this  hour  say  what  has 
been  the  result  of  the  election.  But  whatever  it  may  be, 
I  have  no  desire  to  modify  this  opinion,  that  all  who  have 
labored  to-day  in  behalf  of  the  Union  organization  have 
wrought  for  the  best  interests  of  their  country  and  the 
world,  not  only  for  the  present  but  for  all  future  ages. 

I  am  thankful  to  God  for  this  approval  of  the  people; 
but,  while  deeply  gratified  for  this  mark  of  their  confidence 
in  rne.  if  I  know  my  heart,  my  gratitude  is  free  from  any 
taint  of  personal  triumph.  I  do  not  impugn  the  motives 
of  any  one  opposed  to  me.  It  is  no  pleasure  to  me  to  tri 
umph  over  any  one;  but  I  give  thanks  to  the  Almighty 
for  this  evidence  of  the  people's  resolution  to  stand  by  free 
government  and  the  rights  of  humanity. 

TO    SUNDRY    POLITICAL    CLUBS. 

November  10 — The  several  Lincoln  and  John 
son  Clubs  of  the  District  of  Columbia  called 
on  the  PRESIDENT,  and  gave  him  a  serenade  iu 
honor  of  his  re-election.  There  was,  in  addi 
tion,  an  immense  concourse  of  spectators  of 
both  sexes  in  front  of  the  Executive  mansion. 

The  PRESIDENT  appeared  at  an  upper  window, 
and  when  the  cheers  with  which  he  was  greeted 
had  ceased,  he  spoke  as  follows  : 

It  has  long  been  a  grave  question  whether  any  Govern 
ment,  not  too  strong  for  the  liberties  of  its  people,  can  be 
strong  enough  to  maintain  its  existence  in  great  emer 
gencies. 

On  this  point  the  present  rebellion  has  brought  our  Re 
public  to  a  severe  test,  and  a  Presidential  election,  occurring 
in  regular  course  during  the  rebellion,  has  added  not  a 
little  to  the  strain.  If  the  loyal  people,  united,  were  put 
to  the  utmost  of  their  strength  by  the  rebellion,  must  they 
110 1  fail  when  divided,  and  partially  paralyzed  by  a  politi 
cal  war  among  themselves  ? 

But  the  election  was  a  necessity.  We  cannot  have  a  free 
Government  without  elections;  and  if  the  rebellion  could 
force  us  to  forego  or  postpone  a  national  election,  it 
might  fairly  claim  to  have  already  conquered  and  ruined 
us. 

The  strife  of  the  election  is  but  human  nature  practi 
cally  applied  to  the  facts  iu  the  case.  What  has  occurred 
iu  this  case  must  ever  recur  iu  similar  cases.  Human  na 


ture  will  not  change.  In  any  future  great  national  trial, 
compared  with  the  men  who  have  passed  through  this,  we 
shall  have  as  weak  and  as  strong,  as  silly  and  as  wise,  as 
bad  and  as  good.  Let  us  therefore  study  the  incidents  of 
this  as  philosophy  to  learn  wisdom  from,  and  none  of  them 
as  wrongs  to  be  revenged.  [Cheers.] 

But  the  election,  along  with  its  incidental  and  undesired 
strife,  has  done  good,  too.  It  tias  demonstrated  that  a  peo 
ple's  Government  can  sustain  a  national  election  in  the 
midst  of  a  great  civil  war.  [Renewed  cheers.]  Until  now 
it  has  not  been  known  to  the  world  that  this  was  a  possi 
bility.  It  shows,  also,  how  sound  and  how  strong  we  still 
are.  It  shows  that,  even  among  candidates  of  the  same 
party,  he  who  is  most  devoted  to  the  Union,  and  most  op 
posed  to  treason,  can  receive  most  of  the  people's  vote. 
[Applause.] 

It  shows,  also,  to  the  extent  yet  unknown,  that  we  have 
more  men  now  than  we  had  when  the  war  began.  Gold  is 
good  in  its  place,  but  living,  brave,  patriotic  men,  are  better 
than  gold.  [Cheers  and  other  demonstrations  of  applause.] 

But  the  rebellion  continues ;  and  now  that  the  election  is 
over,  may  not  all  having  a  common  interest  re-unite  in  a 
common  effort  to  save  our  common  country  ?  [Cheers.  ] 

For  my  own  part,  I  have  striven,  and  shall  strive,  to  avoid 
placing  any  obstacle  in  the  way.  [Cheers.]  So  long  as  I 
have  been  here  1  have  not  willingly  planted  a  thorn  in  any 
man's  bosom.  While  I  am  deeply  sensible  to  the  high  com 
pliment  of  a  re-election,  and  duly  grateful,  as  I  trust,  to 
Almighty  God  for  having  directed  rny  countrymen  to  a 
right  conclusion,  as  I  think,  for  their  own  good,  it  adds 
nothing  to  my  satisfaction  that  any  other  man  may  be  dis 
appointed  or  pained  by  the  result.  [Cheers.]  May  I  ask 
those  who  have  not  differed  with  me  to  join  with  me  in  this 
same  spirit  towards  those  who  have  ? 

And  now  let  me  close  by  asking  three  hearty  cheers  for 
our  brave  soldiers  and  seamen,  and  their  gallant  and  skil 
ful  commanders. 

TO    A    MARYLAND    COMMITTEE. 

November  17 — A  committee  of  Maryland 
Union  men  called  upon  the  PRESIDENT. 

W.  H.  Purnell,  Esq.,  in  behalf  of  the  Committee,  delivered 
an  address,  in  which  he  said  they  rejoiced  that  the  people, 
by  such  an  overwhelming  and  unprecedented  majority,  had 
again  re-elected  Mr.  Lincoln  to  the  Presidency  and  endorsed 
his  coiirse — elevating  him  to  the  proudest  and  most  honor 
able  position  on  earth.  They  felt  under  deep  obligation  to 
him,  because  he  had  appreciated  their  condition  as  a  Slave 
State.  It  was  not  too  much  to  say  that  by  the  exercise  of 
rare  discretion  on  his  part,  Maryland  to-day  occupies  her 
position  in  favor  of  freedom.  Slavery  has  been  abolished 
therefrom  by  the  sovereign  decree  of  the  people.  With  deep 
and  lasting  gratitude  they  desired  that  his  Administration, 
as  it  had  been  approved  in  the  past,  might  also  be  success 
ful  in  the  future,  and  result  in  the  restoration  of  the  Union, 
with  freedom  as  its  immutable  basis.  They  trusted  that  on 
retiring  from  his  high  and  honorable  position  the  universal 
verdict  might  be  that  he  deserved  well  of  mankind,  and 
that  favoring  heaven  might ';  crown  his  days  with  loving 
kindness  and  tender  mercies." 

The  PRESIDENT,  in  reply,  said  he  had  to  confess  he  had 
been  duly  notified  of  the  intention  to  make  this  friendly 
call  some  days  ago,  and  in  this  he  had  had  a  fair  opportu 
nity  afforded'to  be  ready  with  a  set  speech;  but  ho  had  not 
prepared  one,  being  too  busy  for  that  purpose.  He  would 
say,  Lowever,  that  he  was  gratified  with  the  result  of  the 
Presidential  election.  He  had  kept  as  near  as  he  could  to 
the  exercise  of  his  best  judgment  for  the  interest  of  the 
whole  country,  and  to  have  the  seal  of  approbation  stamped 
on  the  course  he  had  pursued  was  exceedingly  grateful  to 
his  feelings.  He  thought  he  could  say,  in  as  large  a  sense 
as  any  other  man.  that  his  pleasure  consisted  in  belief  that 
the  policy  he  had  pursued  was  the  best,  if  not  the  only  one, 
for  the  safety  of  the  country. 

He  had  said  before,  and  now  repeated,  that  he  indulged 
in  no  feeling  of  triumph  over  any  man  who  thought  or 
acted  differently  from  himself,  lie  had  no  such  feeling 
to  wards  any  living  man.  When  he  thought  of  Maryland, 
in  particular,  he  was  of  the  opinion  that  she  had  more  than 
double  her  share  in  what  had  occurred  in  the  recent  elec 
tions.  The  adoption  of  a  free  State  constitution  was  a 
greater  thing  than  the  part  taken  by  the  people  of  the 
State  in  the  Presidential  election.  He  would  any  day  have 
stipulated  to  lose  Maryland  iu  the  Presidential  election  to 
save  it  by  the  adoption  of  a  free  State  constitution,  because 
the  Presidential  election  comes  every  four  years,  while  that  is 
a  thing  which,  being  done,  cannot  be  undone,  lie  therefore 
(thought  that  in  that  they  had  a  victory  for  the  right,  worth 
a  great  deal  more  than  their  part  in  the  Presidential  elec 
tion,  though  of  the  latter  he  thought  highly.  He  had  once 
before  said,  but  would  say  again,  that  those  who  have  dif 
fered  with  us  and  opposed  us  will  see  that  the  result  of  th« 


608 


APPENDIX. 


Presidential  election  is  better  for  their  own  good  than  if 
they  had  been  successful. 

Thanking  the  Committee  for  their  compliment,  he  brought 
his  brief  speech  to  a  close. 

ON  THE  ADOPTION  OF    THE  ANTI-SLAVERY  CONSTI 
TUTIONAL    AMENDMENT. 

1865,  February  1 — A  large  delegation  called 
at  the  Executive  Mansion. 

After  the  band  had  played  one  or  two  favor 
ite  airs,  the  PRESIDENT  appeared  at  the  centre 
upper  window,  under  the  portico,  and  his  ap 
pearance  was  greeted  with  loud  cheers,  and 
when  they  had  subsided  the  PRESIDENT  said  he 
supposed  the  passage  through  Congress  of  the 
constitutional  amendment  for  the  abolishment 
of  slavery  throughout  the  United  States  was 
the  occasion  to  which  he  was  indebted  for  the 
honor  of  this  call.  [Applause.]  The  occasion 
was  one  of  congratulation  to  the  country  and 
the  whole  world.  But  there  is  a  task  yet  be 
fore  us — to  go  forward  and  have  consummated 
by  the  votes  of  the  States  that  which  Congress 
had  so  nobly  begun  yesterday.  [Applause, 
and  cries  of  "They  will  do  it,"  &c.]  He  had 
the  honor  to  inform  those  present  that  Illinois 
had  already  to-day  done  the  work.  [Applause.] 
Maryland  was  about  half  through,  but  he  felt 
proud  that  Illinois  was  a  little  ahead.  He 
thought  the  measure  was  a  very  fitting,  if  not  an 
indispensable,  adjunct  to  the  winding  up  of 
this  great  difficulty.  [Applause.]  He  wished 
the  reunion  of  all  the  States  perfected,  and  so 
effected  as  to  remove  all  cause  of  disturbance 
in  the  future ;  and  to  attain  this  end  it  was 
necessary  that  the  original  disturbing  cause 
should,  if  possible,  be  rooted  out. 

He  thought  all  would  bear  him  witness  that 
he  had  never  shrunk  from  doing  all  that  he  could 
to  eradicate  slavery  by  issuing  an  emancipation 
proclamation.  [Applause.]  But  that  procla 
mation  falls  far  short  of  what  the  amendment 
will  be  when  fully  consummated.  A  question 
might  be  raised  whether  the  proclamation  was 
legally  valid.  It  might  be  urged  that  it  only 
aided  those  who  came  into  our  lines,  and  that 
it  was  inoperative  as  to  those  who  did  not  give 
themselves  up  ;  or  that  it  would  have  no  effect 
upon  the  children  of  slaves  born  hereafter; 
in  fact,  it  would  be  urged  that  it  did  not  meet 
the  evil.  But  the  amendment  is  a  king's 
cure-all  for  all  the  evils.  [Applause.]  It  winds 
the  whole  thing  up.  He  would  repeat  that  it 
was  the  fitting,  if  not  the  indispensable,  ad 
junct  to  the  consummation  of  the  great  game 
we  are  playing.  He  could  not  but  congratu 
late  all  present,  himself,  the  country,  and 
the  whole  world  upon  this  great  moral  victory. 
In  conclusion,  he  thanked  those  present  for  the 
call. 

ON  BEING  OFFICIALLY  NOTIFIED  OF  RE-ELECTION. 
Having  served  four  years  in  the  depths  of  a  great  and 
yet  uneuded  national  peril,  I  can  view  this  call  to  a  second 
term  in  nowise  more  flattering  to  myself  than  as  an  ex 
pression  of  the  public  judgment  that  I  may  better  finish  a 
difficult  work,  in  which  I  have  labored  from  the  first,  than 
could  any  one  less  severely  schooled  to  the  task.  In  this 
view  and  with  assured  reliance  on  that  Almighty  Ruler 
who  has  so  graciously  sustained  us  thus  far,  and  with  in 
creased  gratitude  to  thiwgenerous  people  for  their  continued 
confidence,  I  accept  the  renewed  trust  with  its  yet  onerous 
and  perplexing  duties  and  responsibilities. 

PRESIDENT      LINCOLN'S     SECOND    INAUQURAJL    AD 
DRESS,    MARXH    4,    1865. 
FELLOW-COUNTRYMEN  :  At  this  second  appearing  to  take 


the  oath  of  the  presidential  office,  there  is  less  occasion  for 
an  extended  address  than  there  was  at  the  first.  Then,  a 
statement,  somewhat  in  detail,  of  a  course  to  be  pursued, 
seemed  fitting  and  proper.  Now,  at  the  expiration  of  four 
years,  during  which  public  declarations  have  been  con 
stantly  called  forth  on  every  point  and  phase  of  the  great 
contest  which  still  absorbs  the  attention  and  engrosses  the 
energies  of  the  nation,  little  that  is  new  could  lie  pre 
sented.  The  progress  of  our  arms,  upon  which  all  else 
chiefly  depends,  is  as  well  known  to  the  public  as  to  my 
self;  and  it  is,  I  trust,  reasonably  satisfactory  and  encour 
aging  to  all.  With  high  hope  for  the  future,  no  prediction 
in  regard  to  it  is  ventured. 

On  the  occasion  corresponding  to  this  four  years  ago,  all 
thoughts  were  anxiously  directed  to  an  impending  civil 
war.  All  dreaded  it— all  sought  to  avert  it.  While  the 
inaugural  address  was  being  delivered  from  this  place,  de 
voted  altogether  to  saviny  the  Union  without  war,  insur 
gent  agents  were  in  the  city  seeking  to  destroy  it  without 
war — seeking  to  dissolve  the  Union,  and  divide  .effects,  by 
negotiation.  Both  parties  deprecated  war;  but  one  of  them 
would  make  war  rather  than  let  the  nation  survive;  and 
the  other  would  accept  war  rather  than  let  it  perish.  And 
the  war  came. 

One-eighth  of  the  whole  population  were  colored  slaves, 
not  distributed  generally  over  the  Union,  but  localized  in 
the  southern  part  of  it.  These  slaves  constituted  a  pecu 
liar  and  powerful  interest.  All  knew  that  this  interest 
was,  somehow,  the  cause  of  the  war.  To  strengthen,  per 
petuate  and  extend  this  interest  was  the  object  for  which 
tho  insurgents  would  rend  the  Union,  even  by  war;  while 
the  government  claimed  no  right  to  do  more  than  to  re 
strict  the  territorial  enlargement  of  it.  Neither  party  ex 
pected  for  the  war  the  magnitude  or  the  duration  which  it 
has  already  attained.  Neither  anticipated  that  the  caust 
of  the  conflict  might  cease  with,  or  even  before,  the  conflict 
itself  should  cease.  Each  looked  for  an  easier  triumph, 
and  a  result  less  fundamental  and  astounding.  Both  read 
the  same  Bible,  and  pray  to  the  same  God;  and  each  in 
vokes  His  aid  against  the  other.  It  may  seem  strange  that 
any  men  should  dare  to  ask  a  just  God?s  assistance  in 
wringing  their  bread  from  the  sweat  of  other  men's  faces  ; 
but  let  us  judge  not,  that  we  be  not  judged  The  prayers 
of  both  could  not  be  answered — that  of  neither  has  been 
answered  fully.  The  Almighty  has  His  own  purposes. 
"Woe  unto  the  world  because  of  offences!  for  it  must 
needs  be  that  offences  come;  but  woe  to  that  man  by  whom 
the  offence  cometh."'  If  we  shall  suppose  that  American 
slavery  is  one  of  those  offences  which,  in  the  providence  of 
God,  must  needs  come,  but  which,  having  continued  through 
His  appointed  time,  He  now  wills  to  remove,  and  that  He 
gives  to  both  north  and  south  this  terrible  war,  as  the  woe 
due  to  those  by  whom  the  offence  came,  shall  we  discern 
therein  any  departure  from  those  divine  attributes  which 
the  believers  in  a  living  God  always  ascribe  to  Him  ?  Fondly 
do  we  hope— fervently  do  we  pray — that  this  mighty 
scourge  of  war  may  speedily  pass  away.  Yet,  if  God  wills 
that  it  continue  until  all  the  wealth  piled  by  the  bondman's 
two  hundred  and  fifty  years  of  unrequited  toil  shall  be 
sunk,  and  until  every  drop  of  blood  drawn  with  the  lash 
shall  be  paid  by  another  drawn  with  the  sword,  as  was  said 
three  thousand  years  ago,  so  still  it  must  be  said,  '•  The 
judgments  of  the  Lord  are  true  and  righteous  altogether." 

With  malice  toward  none;  with  charity  for  all;  with 
firmness  in  tho  right,  as  God  gives  us  to  see  the  right,  let 
us  strive  on  to  finish  the  work  we  are  in  :  to  bind  up  the 
nation's  wounds,  to  care  for  him  who  shall  have  borne  tfie 
battle,  and  for  his  widow,  and  his  orphan — to  do  all  which 
may  achieve  and  cherish  a  just  and  a  lasting  peace  among, 
ourselves,  and  with  all  nations. 

ON  THE   SLAVES    FIGHTING    FOR  THE  REBELS. 

1865,  March  17 — On  the  occasion  of  the  pre 
sentation  of  a  captured  rebel  flag  to  GOT.  Mor 
ton,  of  Indiana,  President  LINCOLN  made  these 
remarks : 

FELLOW-CITIZENS  :  A  few  words  only.  I  was  born  in  Ken 
tucky,  raised  in  Indiana,  reside  in  Illinois,  and  now  here, 
it  is  my  duty  to  care  equally  for  the  good  people  of  all  the 
States.  I  am  to-day  glad  of  seeing  it  in  the  power  of  an 
Indiana  regiment  to  present  this  captured  flag  to  the  good 
Governor  of  their  State.  And  yet  I  would  not  wish  to  com 
pliment  Indiana  above  other  States,  remembering  that  all 
have  done  so  well. 

There  are  but  few  aspects  of  this  great  war  on  which  I 
have  not  already  expressed  my  views  by  speaking  or  writ 
ing.  There  is  one — the  recent  effort  of  "  our  erring  breth 
ren,"  sometimes  so  called,  to  employ  the  slaves  in  their 
armies.  The  great  question  with  them  has  been,  "  will 
the  negro  fight  for  them?"  They  ought  to  know  better 
than  we,  and  doubtless  do  know  better  than  we.  I  may 
incidentally  remai'k,  however,  that  having  in  my  life  hoard 


APPENDIX. 


609 


m»ny  arguments — or  strings  of  words  meant  to  pass  for 
arguments — intended  to  show  that  the  negro  ought  to  be  a 
slave  ;  that  if  he  shall  now  really  fight  to  keep  himself  a 
slave,  it  will  be  a  far  better  argument  why  he  should  re 
main  a  slave  than  I  have  ever  before  heard. 

He,  perhaps,  ought  to  be  a  slave,  if  he  desires  it  ardently 
enough  to  fight  for  it.  Or,  if  one  out  of  four  will,  for  his 
own  freedom,  fight  to  ket>p  the  other  three  in  slavery,  he 
ought  to  be  a  slave  for  his  selfish  meanness.  I  have  always 
thought  that  all  men  should  be  free ;  but  if  any  should  be 
slaves,  it  should  be  first  those  who  desire  it  for  themselves, 
and  secondly  those  who  desire  it  for  others.  Whenever  I 
hear  any  one  arguing  for  slavery,  I  feel  a  strong  impulse  to 
see  it  tried  on  him  personally. 

There  is  one  thing  about  the  negro's  fighting  for  the 
rebels  which  we  can  know  as  well  as  they  can ;  and  that  is 
that  they  cannot  at  the  same  time  fight  in  their  armies  and 
stay  at  home  and  make  bread  for  them.  And  this  being 
known  and  remembered,  we  can  have  but  little  concern 
whether  they  become  soldiers  or  not.  I  am  rather  in  favor  of 
the  measure,  and  would  at  any  time,  if  I  could,  huve  loaned 
them  a  vote  to  carry  it.  We  have  to  reach  the  bottom  of 
the  insurgent  resources ;  and  that  they  employ,  or  seriously 
think  of  employing  the  slaves  as  soldiers,  gives  us  glimpses 
of  the  bottom.  Therefore  I  am  glad  of  what  we  learn  on 
this  subject. 

ON    VICTORY    AND    RECONSTRUCTION. 

1865,  April  11— After  the  fall  of  Richmond 
and  the  surrender  of  the  Army  of  Northern 
Virginia,  President  LINCOLN  was  called  upon 
in  Washington,  and  made  these  remarks  :' 

We  meet  this  evening  not  in  sorrow,  but  in  gladness  of 
heart.  The  evacuation  of  Petersburg  and  Richmond,  and 
the  surrender  of  the  principal  insurgent  army,  give  hope 
of  a  righteous  and  speedy  peace,  whose  joyous  expression 
cannot  be  restrained.  In  the  midst  of  this,  however,  He 
from  whom  all  blessings  flow  must  not  be  forgotten.  A 
call  for  a  national  thanksgiving  is  being  prepared,  and  will 
be  duly  promulgated.  Nor  must  those  whose  harder  part 
give  us  the  cause  of  rejoicing  be  overlooked.  Tlieir  honors 
must  not  be  parcelled  out  with  others.  I  myself  was  near 
the  front,  and  had  the  high  pleasure  of  transmitting  much 
of  the  good  news  to  you ;  but  no  part  of  the  honor,  for  plan 
or  execution,  is  mine.  To  Gen.  Grant,  his  skilful  officers 
and  brave  men,  all  belongs.  The  gallant  navy  stood  ready, 
but  was  not  in  reach  to  take  active  part. 

By  these  recent  successes,  the  re-inauguration  of  the  na 
tional  authority,  reconstruction,  which  has  had  a  large 
share  of  thought  from  the  first,  is  pressed  much  more 
closely  upon  our  attention.  It  is  fraught  with  great  diffi 
culty.  Unlike  the  case  of  a  war  between  independent  na 
tions,  there  is  no  authorized  organ  for  us  to  treat  with.  No 
one  man  has  authority  to  give  up  the  rebellion  for  any 
other  man.  Wre  simply  must  begin  with  and  mould  from 
disorganized  and  discordant  elements.  Nor  is  it  a  small 
additional  embarrassment  that  we,  the  loyal  people,  differ 
among  ourselves  as  to  the  mode,  manner,  and  means  of  re 
construction. 

As  a  general  rule,  I  abstain  from  reading  the  reports  of 
attacks  upon  myself,  wishing  not  to  be  provoked  by  that  to 
which  I  cannot  properly  offer  an  answer.  In  spite  of  this 
precaution,  however,  it  comes  to  my  knowledge  that  I  am 
much  censured  from  some  supposed  agency  in  setting  up 
and  seeking  to  sustain  the  new  State  government  of  Louisi 
ana.  In  this  I  have  done  just  so  much  as.  and  no  more 
than,  the  public  knows.  In  the  annual  message  of  De 
cember,  1863,  and  accompanying  proclamation,  I  presented 
a  plan  of  reconstruction  (as  the  phrase  goes)  which  I  prom 
ised,  if  adopted  by  any  State,  should  be  acceptable  to,  and 
sustained  by  kthe  Executive  Government  of  the  nation.  I 
distinctly  stated  that  this  was  not  the  only  plan  which 
might  possibly  be  acceptable ;  and  I  also  distinctly  pro 
tested  that  the  Executive  claimed  no  right  to  say  when  or 
whether  members  should  be  admitted  to  seats  in  Congress 
from  such  States.  This  plan  was,  in  advance,  submitted  to 
the  then  Cabinet,  and  distinctly  approved  by  every  mem 
ber  of  it.  One  of  them  suggested  that  I  should  then,  and 
in  that  connection,  apply  the  Emancipation  Proclamation 
to  the  theretofore  excepted  parts  of  Virginia  and  Louisiana; 
that  I  should  drop  the  suggestion  about  apprenticeship  for 
freed  people,  and  that  I  should  omit  the  protest  against  my 
own  power,  in  regard  to  the  admission  of  members  of  Con 
gress  ;  but  even  he  approved  every  part  and  parcel  of  the 
plan  which  has  since  been  employed  or  touched  by  the  ac 
tion  of  Louisiana. 

The  new  Constitution  of  Louisiana,  declaring  emancipa 
tion  for  the  whole  State,  practically  applies  the  proclama 
tion  to  the  part  previously  excepted.  It  does  not  adopt 
apprenticeship  for  freed  people,  and  it  is  silent,  as  it  could 
not  well  be  otherwise,  about  the  admission  of  members  to 
Congress.  So  that,  as  it  applies  to  Louisiana,  every  mem- 
39 


ber  of  the  Cabinet  fully  approved  the  plan.  The  message 
went  to  Congress,  and  I  received  many  commendations  of 
the  plan,  written  and  verbal;  and  not  a  single  objection  to 
it,  from  any  professed  emancipationist,  came  to  my  knowl 
edge,  until  after  the  news  reached  Washington  that  the 
people  of  Louisiana  had  begun  to  move  in  accordance  with 
it.  From  about  July,  1862, 1  had  corresponded  with  differ 
ent  persons  supposed  to  be  interested,  seeking  a  reconstruc 
tion  of  a  State  government  for  Louisiana.  When  the  mes 
sage  of  1863,  with  the  plan  before  mentioned,  reached  New 
Orleans,  Gen.  Banks  wrote  me  he  was  confident  that  the 
people,  with  his  military  co-operation,  would  reconstruct 
substantially  on  that  plan.  I  wrote  him  and  some  of  them 
to  try  it.  They  tried  it,  and  the  result  is  known.  Such 
only  has  been  my  agency  in  getting  up  the  Louisiana  gov 
ernment.  As  to  sustaining  it,  my  promise  is  out,  as  before 
stated.  But  as  bad  promises  are  better  broken  than  kept, 
I  shall  treat  this  as  a  bad  promise  and  break  it  whenever 
I  shall  be  convinced  that  keeping  it  is  adverse  to  the  pub 
lic  interest.  But  I  have  not  yet  been  so  convinced. 

I  have  been  shown  a  letter  on  this  subject,  supposed  to 
be  an  able  one,  in  which  the  writer  expresses  regret  that 
my  mind  has  not  seemed  to  be  definitely  fixed  on  the  ques 
tion  whether  the  seceded  States,  so-called,  are  in  the 
Union  or  out  of  it.  It  would,  perhaps,  add  astonishment 
to  his  regret  were  he  to  learn  that,  since  I  have  found  pro 
fessed  Union  men  endeavoring  to  make  that  question,  I 
have  purposely  forborne  any  public  expression  upon  it.  AB 
appears  to  me,  that  question  has  not  been,  nor  yet  is,  a 
practically  material  one,  and  that  any  discussion  of  it, 
while  it  thus  remains  practically  immaterial,  could  have 
no  effect  other  than  the  mischievous  one  of  dividing  our 
friends.  As  yet,  whatever  it  may  hereafter  become,  that 
question  is  bad,  as  the  basis  of  a  controversy,  and  good  for 
nothing  at  all — a  merely  pernicious  abstraction.  We  all 
agree  that  the  seceded  States,  so-called,  are  out  of  their 
proper  practical  relation  with  the  Union,  and  that  the  sole 
object  of  the  Government,  civil  and  military,  in  regard  to 
those  States,  is  to  again  get  them  into  that  proper  practical 
relation.  I  believe  it  is  not  only  possible,  but  iu  fact  easier 
to  do  this  without  deciding,  or  even  considering,  whether 
these  States  have  ever  been  out  of  the  Union,  than  with  it. 
Finding  themselves  safely  at  home,  it  would  be  utterly  im- 
material  whether  they  had  ever  been  abroad.  Let  us  all 
join  in  doing  the  a^ts  necessary  to  restoring  the  proper 
practical  relations  between  these  States  and  the  Union,  and 
each  forever  after  innocently  indulge  his  own  opinion 
whether,  in  doing  the  acts,  he  brought  the  States  from  with 
out  into  the  Union,  or  only  gave  them  proper  assistance, 
they  never  having  been  out  of  it. 

rlhe  amount  of  constituency,  so  to  speak,  on  which  the 
new  Louisiana  government  rests,  would  be  more  satisfac 
tory  to  all  if  it  contained  fifty,  thirty,  or  even  twenty  thou 
sand,  instead^  of  only  about  twelve  thousand,  as  it  really 
does.  It  is  also  unsatisfactory  to  some  that  the  elective 
franchise  is  not  given  to  the  colored  man.  I  would  myself 
prefer  that  it  were  now  conferred  on  the  very  intelligent, 
and  on  those  who  serve  our  cause  as  soldiers.  Still  the 
question  is  not  whether  the  Louisiana  government,  as  it 
stands,  is  quite  all  that  is  desirable.  The  question  is: 
"Will  it  be  wiser,  take  it  as  it  is,  and  help  to  improve  it, 
or  to  reject  and  disperse  it?"  ';  Can  Louisiana  be  brought 
into  proper  practical  relation  with  the  Union  sooner  by  sus 
taining  or  by  discarding  her  new  State  government  ?" 

Some  twelve  thousand  voters  in  the  heretofore  slave  State 
of  Louisiana  have  sworn  allegiance  to  the  Union,  assumed 
to  be  the  rightful  political  power  of  the  State,  held  elec 
tions,  organized  a  State  government,  adopted  a  free  State 
constitution,  giving  the  benefit  of  public  schools  equally  to 
black  and  white,  and  empowering  the  Legislature  to  confer 
the  elective  franchise  upon  the  colored  man.  Their  Legis 
lature  has  already  voted  to  ratify  the  constitutional  amend 
ment  recently  passed  by  Congress,  abolishing  slavery 
throughout  the  nation.  These  twelve  thousand  persons  are 
thus  fully  committed  to  the  Union,  and  to  perpetual  free 
dom  in  the  State;  committed  to  the  very  things  and  nearly 
all  the  things  the  nation  wants,  and  they  ask  the  nation's 
recognition  and  its  assistance  to  make  good  that  committal. 
Now,  if  we  reject  and  spurn  them,  we  do  our  utmost  to 
disorganize  and  disperse  them.  We,  in  effect,  say  to  the 
white  men,  "  You  are  worthless,  or  worse;  we  will  neither 
help  you,  nor  be  helped  by  you."  To  the  blacks  we  say, 
•'  This  cup  of  Liberty  which  these,  your  old  masters,  hold 
to  your  lips,  we  will  dash  from  you,  and  leave  you  to  the 
chances  of  gathering  the  spilled  and  scattered  contents  in 
some  vague  and  undefined  when,  where,  and  how.7'  If  this 
course,  discouraging  and  paralyzing  both  white  and  black, 
has  any  tendency  to  bring  Louisiana  into  proper  practical 
relations  with  the  Union,  I  have,  so  far,  been  unable  to 
perceive  it.  If,  on  the  contrary,  we  recognize  and  sustain 
the  new  government  of  Louisiana,  the  converse  of  all  this 
is  made  true. 

We  encourage  the  hearts  and  nerve  the  arms  of  the  twelve 
thousand  to  adhere  to  their  work  and  argue  for  it,  and  prose- 


610 


APPENDIX. 


to  the  owners  from  casualties  resulting  from  their  employ* 
ment  in  the  service. 


lyte  for   it,  and  fight  for  it,  and  feed  it,  and  grow  it,  and 

ripen  it  to  a  complete  success.  The  colored  man,  too,  seeing 

all  united  for  him,  is  inspired  with  vigilance,  and  energy,  |      This  act  has  produced  less  result  than  was  anticipated. 

and  daring  to  the  same  end.    Grant  that  he  desires  the  i  and  further  provision  is   required  to  winder  it  efficacious! 

elective  franchise,  will  he  not  attain  it  sooner  by  saving     "-* ' 

the  already  advanced  steps  toward  it  than  by  running  back 
ward  over  them  ?  Concede  that  the  new  government  of 
Louisiana  is  only  to  what  it  should  be  as  the  egg  is  to  the 
fowl;  we  shall  sooner  have  the  fowl  by  hatching  the  egg 
than  by  smashing  it.  Again,  if  we  reject  Louisiana,  we 
also  reject  one  vote  in  favor  of  the  proposed  amendment 
to  the  National  Constitution.  To  meet  this  proposition  it 
has  been  argued  that  no  more  than  three-fourths  of  those 
States  which  have  not  attempted  secession  are  necessary 
to  validly  ratify  the  amendment.  I  do  not  commit  myself 
against  this  further  than  to  say  that  such  a  ratification 
would  be  questionable,  and  sure  to  be  persistently  ques 
tioned ;  whilst  a  ratification  by  three-fourths  of  all  the 
States  would  be  unquestioned  and  unquestionable. 

I  repeat  tho  question,  "Can  Louisiana  be  brought  into 
proper  practical  relation  with  the  Union  sooner  by  sustain 
ing  or  by  discarding  her  new  State  government  ?"  What  has 
been  said  of  Louisiana  will  apply  generally  to  other  States. 
And  yet  so  great  peculiarities  pertain  to  each  State,  and 
such  important  and  sudden  changes  occur  in  the  same 
State,  and,  withal,  so  new  and  unprecedented  is  the  whole 
case,  that  no  exclusive  and  inflexible  plan  can  safely  be  pre 
scribed  as  to  details  and  collaterals.  Such  exclusive  and 
inflexible  plan  would  surely  become  a  new  entanglement. 
Important  principles  may,  and  must,  beinflexible. 

In  the  present  situation,  as  the  phrase  goes,  it  may  be 
my  duty  to  make  some  new  announcement  to  the  people 
of  the  South.  I  am  considering,  and  shall  not  fail  to  act 
when  satisfied  that  action  will  be  proper.* 

PRESIDENT    LINCOLN'S    SECOND    CABINET. 

Secretary  of  State — WILLIAM  H.  SEWARD,  of 
New  York. 

Secretary  of  the  Treasury — HUGH  McCuLLOCH, 
of  Indiana. 

Secretary  of  War —  EDWIN  M.  STANTON,  of 
Ohio. 

Secretary  of  the  Navy — GIDEON  WELLES,  of 
Connecticut. 

Secretary  of  the  Interior — JOHN  P.  USHER,  of 
Indiana ;  to  be  succeeded,  May  15,  by  JAMES 
HARLAN,  of  Iowa. 

Attorney  General — JAMES  SPEED,  of  Ken 
tucky. 


Postmaster 


Ohio. 


General  —  WILLIAM   DENNISON,  of 


DEATH  OF  PBESIDENT  LINCOLN. 

1865,  April  15— President  LINCOLN  died  in 
Washington  city,  at  twenty-two  minutes  past 
seven  o'clock,  A.  M.,  of  wounds  inflicted  the 
night  before  by  an  assassin,  supposed  to  be 
John  Wilkes  Booth. 

Same  day — ANDREW  JOHNSON,  Vice  Presi 
dent,  qualified  as  President,  Chief  Justice 
Chase  having  administered  the  oath  of  office. 

Second  Rebel  Congress—Second  Ses 
sion. 

Met  in  Richmond  Monday,  November  7,  1864. 

JEFFERSON  DAVIS'S  MESSAGE. 

*  *  *  *  •  #  # 

EMPLOYMENT    OP    SLAVES. 

The  employment  of  slaves  for  service  with  the  army  as 
teamsters  or  cooks,  or  in  tho  way  of  work  upon  fortifica 
tions,  or  in  the  Government  work  shops,  or  in  hospitals, 
and  other  similar  duties,  was  authorized  by  the  act  of  17th 
February  last,  and  provision  was  made  for  their  impress 
ment  to  a  number  not  exceeding  twenty  thousand,  if  it 
should  be  found  impracticable  to  obtain  them  by  contract 
with  thec-wners.  The  law  contemplated  tho  hiring  only  of 
the  labor  of  these  slaves,  and  imposed  on  the  Government 
the  liability  to  pay  fpr  tho  value  of  such  as  might  be  lost 


*  For  this  corrected  copy  of  his  last  speech  I  am  indebt 
ed,  through  a  mutual  friend,  to  President  LINCOLN,  who  fre 
quently  rendered  me  essential  service  by  giving  facilities 
for  obtaining  accurate  copies  of  important  papers. 


But  my  present  purpose  is  to  invite  your  consideration  to 
the  propriety  of  a  radical  modification  in  the  theory  of  the 
law. 

THE    LAW    ON    THE    SUBJECT. 

Viewed  merely  as  property,  and  therefore  as  the  subject 
of  impressment,  the  service  or  labor  of  the  slave  has  been 
frequently  claimed  for  short  periods  in  the  construction  of 
defensive  works.  The  slave,  however,  bears  another  rela 
tion  to  the  State— that  of  a  person.  The  law  of  last  Febru 
ary  contemplates  only  the  relation  of  the  slave  to  the  mas 
ter,  and  limits  the  impressment  to  a  certain  term  of  service. 
Hut  for  the  purposes  enumerated  in  the  act,  instruction  in 
the  manner  of  encamping,  marching,  and  parking  trains  is 
needful,  so  that,  even  in  this  limited  employment,  length  of 
service  adds  greatly  to  the  value  of  the  negro's  labor. 
Hazard  is  also  encountered  in  all  the  positions  to  which  the 
negroes  can  be  assigned  for  service  witli  the  army,  and  the 
duties  required  of  them  demand  loyalty  and  zeal 

In  this  aspect  the  relation  of  person  predominates  so  far 
as  to  render  it  doubtful  whether  the  private  right  of  prop 
erty  can  consistently  and  beneficially  be  continued,  and  it 
would  seem  proper  to  acquire  for  the  public  service  the 
entire  property  in  the  labor  of  the  slave,  and  to  pay  there 
for  due  compensation,  rather  than  to  impress  his  labor  for 
short  terms;  and  this  the  more  especially  as  the  effect  of 
the  present  law  would  vest  this  entire  property  in  all  cases 
where  the  slave  might  be  recaptured  after  compensation 
for  his  loss  had  been  paid  to  the  private  owner 

Whenever  the  entire  property  in  the  service  of  a  slave  is 
thus  acquired  by  the  Government,  the  question  is  presented 
by  what  tenure  he  should  be  held.  Should  he  be  retained 
in  servitude,  or  should  his  emancipation  be  held  out  to  him 
as  a  reward  lor  faithful  service,  or  should  it  be  granted  at 
once  on  the  promise  of  such  service?  and  if  emancipated, 
what  action  should  be  taken  to  secure  for  the  freedman  the 
permission  of  the  State  from  which  he  was  drawn  to  reside 
within  its  limits  after  the  close  of  his  public  service?  The 
permission  would  doubtless  be  more  readily  accorded  as  a 
reward  for  past  faithful  service,  and  a  double  motive  for 
zealous  discharge  of  duty  would  thus  be  offered  to  those 
employed  by  the  Government,  their  freedom,  and  the  grati 
fication  of  the  local  attachment  which  is  so  marked  a 
characteristic  of  the  negro,  and  forms  so  powerful  an  in 
centive  to  his  action. 

DAVIS    OPPOSED    TO    IMMEDIATE    EMANCIPATION. 

The  policy  of  engaging  to  liberate  the  negro  on  his  dis 
charge  after  service  faithfully  rendered  seems  to  me  prefer 
able  to  that  of  granting  immediate  manumission,  or  that  of 
retaining  him  in  servitude.  If  this  policy  should  recom 
mend  itself  to  the  judgment  of  Congress,  it  is  suggested 
that,  in  addition  to  the  duties  heretofore-performed  by  the 
slave,  he  might  be  advantageously  employed  as  pioneer  and 
engineer  laborer,  and  in  that  event,  that  the  number  should 
be  augmented  to  forty  thousand. 

A    DISTINCTION  DRAWN. 

Beyond  this  limit  and  these  employments,  it  does  not 
seem  to  me  desirable,  under  existing  circumstances,  to  go. 
A  broad,  moral  distinction  exists  between  the  use  of  slaves 
as  soldiers  in  defence  of  their  homes  and  the  incitement 
of  the  same  persons  to  insurrection  against  their  masters. 
The  one  is  justifiable,  if  necessary:  the  other  is  iniquitous 
and  unworthy  of  a  civilized  people;  and  such  is  the  judg 
ment  of  all  writers  on  public  law,  as  well  as  that  expressed 
and  insisted  on  by  our  enemies  in  all  wars  prior  to  that  now 
waged  against  us.  By  none  have  the  practice?,  of  which 
they  are  now  guilty,  been  denounced  with  greater  severity 
than  by  themselves  in  the  two  wars  with  Great  Britain  in 
the  last  and  in  the  present  century;  and  in  the  Declaration 
of  Independence  of  1776,  when  enumeration  was  made  of 
the  wrongs  which  justified  the  revolt  from  Great  Britain, 
the  climax  of  atrocity  was  deemed  to  be  reached  only  when 
the  English  monarch  wjis  denounced  as  having  "excited 
domestic  insurrection  amongst  us." 

EMPLOYMENT      OF     SLAVES      AS      SOLDIERS DAVIS 

OPPOSES  A  GENERAL  LAW. 

The  subject  is  to  be  viewed  by  us,  therefore,  solely  in  the 
light  of  policy  and  our  social  economy.  When  so  regarded, 
I  must  dissent  from  those  who  advise  a  general  levy  and 
arming  of  the  slaves  for  the  duty  of  sofdiers.  Until  our 
white  population  shall  prove  insufficient  for  the  armies  wo 
require  and  can  afford  to  have  in  the  field,  to  employ,  as  a 
soldier,  the  negro  who  has  merely  been  trained  to  labor, 
and  as  a  laborer,  the  white  man,  accustomed  from  his  youth 
to  the  use  of  fire-arms,  would  scarcely  be  deemed  wise  or 
advantageous  by  any ;  and  this  is  the  question  now  before 
us.  But  should  the  alternative  over  be  presented  of  eubju- 


APPENDIX. 


611 


Cation  or  of  the  employment  of  the  slave  as  a  soldier,  there 
seems  no  reason  to  doubt  what  should  then  be  our  decision. 
Whether  our  view  embraces  what  would,  in  so  extreme  a 
<»se,  be  the  sum  of  misery  entailed  by  the  dominion  of  the 
enemy  or  to  be  restricted  solely  to  the  welfare  and  happi 
ness  of  the  negro  population  themselves,  the  result  would 
be  the  same.  The  appalling  demoralization,  suffering,  dis 
ease  and  death  which  have  been  caused  by  partially  substi 
tuting  the  invader's  system  of  policy  for  the  kind  relation 
previously  subsisting  between  the  master  and  slave,  have 
been  a  sufficient  demonstration  that  external  interference 
with  our  institution  of  domestic  slavery  is  productive  of 
evil  only.  If  the  subject  involved  no  other  consideration 
than  the  mere  right  of  property,  the  sacrifices  heretofore 
made  by  our  people  have  been  such  as  to  permit  no  doubt 
•of  their  readiness  to  surrender  every  possession  in  order  to 
secure  their  independence. 

REBEL  CARE  OF  THE  AFRICAN. 

But  the  social  and  political  question,  which  is  exclusively 
under  the  control  of  the  several  States,  has  a  far  wider  and 
more  enduring  importance  than  that  of  pecuniary  interest. 
In  its  manifold  phase,  it  embraces  the  stability  of  our  re 
publican  institutions,  resting  on  the  actual  political  equality 
of  all  its  citizens,  and  includes  the  fulfillment  of  the  task 
which  has  been  so  happily  begun,  that  of  Christianizingand 
improving  the  condition  of  the  Africans  who  have,  by  the 
will  of  Providence,  been  placed  in  our  charge.  Comparing 
the  results  of  uur  own  experience  with  those  of  the  experi 
ments  of  others,  who  have  borne  similar  relation  to  the 
African  race,  the  people  of  the  several  States  of  the  Con 
federacy  have  abundant  reason  to  be  satisfied  with  the  past, 
and  to  use  the  greatest  circumspection  in  determining  their 
course. 

These  considerations,  however,  are  rather  applicable  to 
the  improbable  contingency  of  our  need  of  resorting  to  this 
element  of  resistance  than  to  our  present  condition.  If  the 
recommendation  above  made,  for  the  training  of  forty 
thousand  negroes  for  the  service  indicated  shall  meet  your 
approbation,  it  is  certain  that  even  this  limited  number,  by 
their  preparatory  training  in  intermediate  duties,  would 
form  a  more  valuable  reserve  force,  in  case  of  urgency, 
than  threefold  their  number  suddenly  called  from  field 
labor;  while  a  fresh  levy  could,  to  a  certain  extent,  supply 
their  places  in  the  special  service  for  which  they  are  now 
employed. 

NEGOTIATIONS    FOR    PEACE. 

The  disposition  of  this  government  for  a  peaceful  solu 
tion  of  the  issues  which  the  enemy  has  referred  to  the  arbi 
trament  of  arms  has  been  too  often  manifested  and  is  too 
well  known  to  need  new  assurances.  But  while  it  is  true 
that  individuals  and  parties  in  the  United  States  have 
indicated  a  desire  to  substitute  reason  for  force,  and  by 
negotiation  to  stop  the  further  sacrifice  of  human  life,  and 
to  arrest  the  calamities  which  now  afflict  both  countries, 
the  authorities  who  control  the  government  of  our  enemies 
have  too  often  and  too  clearly  expressed  their  resolution 
to  make  no  peace  except  on  terms  of  our  unconditional 
submission  and  degradation,  to  leave  us  any  hope  of  the 
cessation  of  hostilities  until  the  delusion  of  their  ability  to 
conquer  us  is  dispelled.  Among  those  who  are  already  dis 
posed  for  peace,  many  are  actuated  by  principle  and  by  dis 
approval  and  abhorrence  of  the  iniquitous  warfare  that 
their  government  is  waging,  while  others  are  moved  by  the 
conviction  that  it  is  no  longer  to  the  interest  of  the  United 
States  to  continue  a  struggle  in  which  success  is  unat 
tainable. 

Whenever  this  fast  growing  conviction  shall  have  taken 
firm  root  in  the  minds  of  a  majority  of  the  Northern  peo 
ple,  there  will  be  produced  that  willingness  to  negotiate 
for  peace  which  is  now  confined  to  our  side.  Peace  is  man 
ifestly  impossible  unless  desired  by  both  parties  to  this 
war,  and  the  disposition  for  it  among  our  enemies  will  be 
best  and  most  certainly  evoked  by  the  demonstration  on 
our  part  of  ability  and  unshaken  determination  to  defend 
our  rights,  and  to  hold  no  earthly  price  too  dear  for  their 
purchase.  Whenever  there  shall  be,  on  the  part  ot  our 
enemies,  a  desire  for  peace,  there  will  be  no  difficulty  in 
finding  means  by  which  negotiation  can  be  opened;  but  it 
is  obvious  that  no  agency  can  be  called  into  action  until 
this  desire  shall  be  mutual.  When  that  contingency  shall 
happen,  the  government,  to  which  is  confided  the  treaty- 
making  power,  can  be  at  no  loss  for  means  adapted  to 
accomplish  so  desirable  an  end. 

In  the  hope  that  the  day  will  soon  be  reached  when, 
under  Divine  favor,  these  States  may  be  allowed  to  enter 
on  their  former  peaceful  pursuits,  and  to  develop  the  abun 
dant  natural  resources  with  which  they  are  blessed,  let  us 
then  resolutely  continue  to  devote  our  united  and  unim 
paired  energies  to  the  defence  of  our  homes,  our  lives,  and 
our  liberties.  This  is  the  true  path  to  peace.  Let  ua  tread 
it  with  confidence  in  the  assured  result. 

JEFFERSON  DAVIS. 


CHANGES  IN  LIST  OF  SENATORS  AND  REPRESENTA 
TIVES. 

The  changes  from  the  list,  as  found  on  pago 
402,  are  these  : 

IN  SENATE. 

Missouri — George  G.  Vest,  appointed  by  Gov.  Reynolds,  in 

place  of  L.  M.  Louis. 
North  Carolina — The  Legislature,  at  its  late  session,  elected 

Thomas  S.  Ashe  as  successor  of  Mr.  Dortch,  for  the  next 

Congress. 

IN  HOUSE  OP  REPRESENTATIVES.* 

Tennessee— Henry  S.Foote  abandoned  his  seat,  came  within 

our  lines,  and  is  now  in   Europe.    He  was  expelled 

from  the  House — yeas  73,  nays  0. 
Alabama — William  R.  Smith  announced  his  withdrawal. 

but  the  next  day  withdrew  it  and  resumed  his  seat. 

Mr.  Cobb  has  died  since  expulsion.     His  vacancy  has 

not  been  filled. 

THE  NEGRO  SOLDIER  BILL.f 

The  following  bill  passed  both  Houses  : 

A  Bill  to  increase  the  military  forces  of  the  Confederate 

States. 

The  Congress  of  the  Confederate  States  of  America  do 
enact,  That  in  order  to  provide  additional  forces  to  repel 
invasion,  maintain  the  rightful  possession  of  the  Confede 
rate  States,  secure  their  independence  and  preserve  their 
institutions,  the  President  be  and  he  is  hereby  authorized 
to  ask  for  and  accept  from  the  owners  of  slaves  the  ser 
vices  of  such  number  of  able-bodied  negro  men  as  he  may 


*  A  bill  passed  the  Congress  postponing  the  election  for 
Representatives  in  Missouri  for  the  next  Congress  until 
November  next ! 

f  General  Lee's  letter  on  the  subject : 

HEADQUARTERS  C.  S.  ARMIES,  February  18. 
Hon.  E.  BARKSDALE,  House  of  Representatives,  Richmond: 

SIR:  I  have  the  honor  to  acknowledge  the  receipt  of 
your  letter  of  the  12th  instant,  with  reference  to  the  em 
ployment  of  negroes  as  soldiers.  I  think  the  measure  not 
only  expedient  but  necessary.  The  enemy  will  certainly 
use  them  against  us,  if  he  can  get  possession  of  them;  and, 
as  his  present  numerical  superiority  wHl  enable  him  to  pene 
trate  many  parts  of  the  country,  I  cannot  see  the  wisdom  of 
the  policy  of  holding  them  to  await  his  arrival,  when  we 
may,  by  timely  action  and  judicious  management,  use  them 
to  arrest  his  progress.  I  do  not  think  that  our  white  popu 
lation  can  supply  the  necessities  of  a  long  war,  without 
overtaxing  its  capacity,  and  imposing  great  suffering  on  our 
people;  and  I  believe  that  we  should  provide  for  a  pro 
tracted  struggle,  not  merely  for  a  battle  or  a  campaign. 
In  answer  to  your  second  question,  I  can  only  say  that,  in 
rny  opinion,  the  negroes,  under  proper  circumstances,  will 
make  efficient  soldiers.  I  think  we  could  at  least  do  as 
well  with  them  as  the  enemy,  and  he  attaches  great  im 
portance  to  their  assistance.  Under  good  officers  and  good 
instruction  I  do  not  see  why  they  should  not  become  sol 
diers.  They  possess  all  the  physical  qualification,  and  then- 
habits  of  obedience  constitute  a  good  foundation  for  dis 
cipline.  They  furnish  more  promising  material  than  many 
armies  of  wliich  we  read  in  history,  which  owed  their  effici 
ency  to  discipline  alone.  I  think  those  who  are  employed 
should  be  freed.  It  would  be  neither  just  nor  wise,  in  my 
opinion,  to  require  them  to  remain  as  slaves.  The  best 
course  to  pursue,  it  seems  to  me,  would  be  to  call  for  such 
as  are  willing  to  come  with  the  consent  of  their  owners. 
An  impressment  or  draft  would  not  be  likely  to  bring  out 
the  best  class,  and  this  course  would  make  the  war  more 
distasteful  to  them  and  their  owners.  I  have  no  doubt 
that,  if  Congress  would  authorize  their  reception  into  the 
service,  and  empower  the  President  to  call  upon  individuals 
or  States  for  such  as  they  are  willing  to  contribute,  with 
the  condition  of  emancipation  to  all  enrolled,  a  sufficient 
number  would  be  forthcoming  to  enable  us  to  try  the  ex 
periment.  If  it  prove  successful,  most  of  the  objections 
to  the  measure  would  disappear;  and  if  individuals  still 
remained  unwilling  to  send  their  negroes  to  the  army,  the 
force  of  public  opinion  in  the  States  would  soon  bring 
about  such  legislation  as  would  remove  all  obstacles.  I 
think  the  matter  should  be  left  as  far  as  possible  to  the 
people  and  to  the  States,  which  alone  can  legislate,  as  the 
necessities  of  this  particular  service  may  require.  As  to 
the  mode  of  organizing  them,  it  should  be  left  as  free  from 
restraint  as  possible.  Experience  will  suggest  the  best 
course,  and  it  would  be  inexpedient  to  f '.uuiniel  the  sub 
ject  with  provisions  that  might,  in  tne  end,  prevent  the 
adoption  of  reforms  suggested  by  actual  trial. 
With  great  respect,  your  obedient  servant, 

R.  E.  LEE.  General. 


612 


APPENDIX. 


deem  expedient  for  and  during  the  war,  to  perform  military 
service  in  whatever  capacity  lie  may  direct. 

SEC.  2.  That  the  Generul-in-Clmf  be  authorized  to  organ 
ize  the  said  slaves  into  companies,  battalions,  regiments, 
and  brigades,  under  such  rules  and  regulations  as  the  Sec 
retary  of  War  may  prescribe,  and  to  be  commanded  by 
such  officers  as  the  President  may  appoint. 

SEC.  3.  That,  while  employed  in  the  service,  the  said 
troops  shall  receive  the  same  rations,  clothing,  and  com 
pensation  as  are  allowed  toother  troops  in  the  same  branch 
of  the  service. 

SEC.  4.  That  if,  under  the  previous  section  of  this  act,  the 
President  shall  not  bo  .able  to  raise  a  sufficient  number  of 
troops  to  prosecute  the  war  successfully  and  maintain  the 
sovereignty  of  the  States,  and  the  independence  of  the  Con 
federate  States,  then  he  is  hereby  authorized  to  call  on 
each  State,  whenever  he  thinks  it  expedient,  for  her 
quota  of  300,000  troops,  in  addition  to  those  subject  to  mil 
itary  service  under  existing  laws,  or  so  many  thereof  as  the 
President  may  deem  necessary,  to  be  raised  from  such 
classes  of  the  population,  irrespective  of  color,  in  each  State, 
as  the  proper  authorities  thereof  may  determine:  Provided, 
That  not  more  than  25  per  cent,  of  the  male  slaves  be 
tween  the  ages  of  18  and  45  in  any  State  shall  be  called 
for  under  the  provisions  of  this  act. 

SEC.  5.  That  nothing  in  this  act  shall  be  construed  to  au 
thorize  a  change  in  the  relation  of  the  said  slaves. 

In  Senatef  the  vote  was  : 

YEAS — Messrs.  Brown,  Burnett,  Caperton,  Henry,  Hun 
ter,  Oldham,  Semmes,  Simms,  Watson — 9. 

NAYS — Messrs.  Barnwell,  Graham,  Johnson  of  Georgia, 
Johnson  of  Missouri,  Maxwell,  Orr,  Vest,  Wigfall— 8. 

The  proviso  to  the  fourth  section  was  added 
in  tbe  Senate.  On  concurring  in  it,  the  vote 
in  the  House  was — yeas  40,  nays  28,  as  fol 
lows: 

AYES — Messrs.  Anderson,  Barksdale,  Batson,  Baylor, 
Blandford,  Bradley,  II.  W.  Bruce,  Carroll,  Clark,  Clopton, 
Conrad,  Darden,  DeJarnette,  Dickinson,  Dupre,  Elliott, 
Ewing,  Funsten,  Gaither,  Goode,  Gray,  Hanly,  Johnston, 
Keeble,  Lyon,  Macheu,  Marshall,  McMullen,  Menees,  Mil 
ler,  Moore,  Murray,  Perkins,  Read,  Russell,  Simpson,  Snead, 
Staples,  Triplett,  Villere — 40. 

NAYS — Messrs.  Atkins,  Baldwin,  Branch,  Chambers,  Col- 

?er,   Cruicksbank,  Fuller,    Gholson,    Gilmcr,    Hartridge, 
latcher.  Herbert,  Ilolliday,  J.  M.  Leach,  J.  T.  Leach,  Lo 
gan,  McCallum  ^aiiieay,  Rogers,  Sexton,  J.  M.  Smith,  Win. 

t  February  23 — The  same  bill  was  indefinitely  postponed 
in  the  Senate — yeas  11,  nays  10,  as  follows: 

YEAS — Messrs.  Baker,  Barnwell,  Caperton,  Garland,  Gra 
ham,  Hunter,  Johnson  of  Ga.,  Johnson  of  Mo.,  Maxwell 
Orr,  Wigfall— 11. 

NAYS — Messrs.  Brown,  Burnett,  Haynes,  Henry,  Oldham, 
Semmes,  Simms,  Vest,  Walker,  Watson— 10. 

Subsequently,  the  Legislature  of  Virginia  instructed  their 
Senators  to  support  it,  which  they  obeyed.  February  25 — 
The  Senate  of  Virginia  passed  this  bill,  which  is  pre 
Binned  to  have  become  a  law : 

1.  Be  it  enacted  by  tlie  General  Assembly,  That  the  Gover 
nor  of  this  Commonwealth  be  and  ho  is  hereby  authorized 
and  empowered  to  call  for  volunteers  from  unions;  the 
slaves  and  free  negroes  of  the  State  to  aid  in  defence  of  the 
capital  and  such  other  points  as  are  or  may  be  threatened 
by  the  public  enemy. 

2.  That  it  shall  be  the  duty  of  the  Governor  to  cause  all 
slaves  who  may  volunteer  with  the  consent  of  their  mas 
ters,  and  all  free  negroes  who  shall  tender  their  services,  tc 
be  organized  into  infantry  companies,  of  not  less  than  sixty- 
four,  rank  and  file,  under  white  officers  to  be  appointed  by 
himself,  and  shall  place  the  same,  as  fast  as  so  organized,  at 
the  disposal  of  the  General-in-Chief  of  the  Confederate 
armies;  or  he  may  order  all  such  volunteers  to  report  im 
mediately  to  the  General-in-Chief,  to  be  organized  and  offi 
cered  by  him,  if  thereby  time  can  be  saved,  and  the  inter 
ests  of  the  service  promoted. 

3.  All  laws  and  parts  of  laws  now  in  force  prohibiting 
the  carrying  of  arms  by  slaves  or  free  negroes  are  hereby 
suspended,  during  their  terms  of  service,  in  favor  of  auch 
volunteers  as  may  be  called  to  the  field  under  this  act. 

4.  The  forces  raised  and  organized  under  this  act  shall  bo 
enlisted  for  one  year  from  the  date  of  being  mustered  into 
the  service  of  the  Confederate  States. 

5.  This  act  shall  be  in  force  from  its  passage. 
The  following  is  the  ftote : 

AYES — Messrs.  Alderson,  Armstrong,  Brannon,  Branch, 
Christian  of  Augusta,  Coghill,  Collier,  Douglas,  Frazier 
Garnett,  Graham,  Hart,  Hunter,  Jones,  Keen,  Lewis,  Logan 
Newton,  Newman  of  Mason,  Quesanberry,  Stevenson,  Spit 
ler,  Tayloe,  Taylor,  Thomas,  Wiley,  Witteu — 27. 

NOES — Messrs.  Dickinson,  Dulancy,  Saunders— 3. 


N.  II.  Smith,   Turner,   Wickham,   Wilkes,   Witherspoon, 
Bocock,  (Speaker}— 28. 

BILL    ON    EXEMPTIONS    AND   DETAILS. 
A  Bill  to  diminish  the  number  of  exemptions  and  details. 
The  Congress  of  the  Confederate  States  of  America  do 
act,  That  so  much  of  the  "Act  to  organize  forces  to  serve 
during  the  war,"  approved  February  17,  1864,  as  exempts 
one  person  as  overseer  or  agriculturist  on  each  farm  or 

lantation  upon  which  there  were,  at  specified  times,  fif 
teen  able-bodied  field  hands,  between  the  ages  of  sixteen 
and  fifty,  upon  certain  conditions,  is  hereby  repealed;  Pro- 

ided,  that  exemptions  of  persons  over  forty-five  years  of 
age  may  be  granted  under  the  provisions  of  the  act  afore 
said;  and  said  persons  shall  be  liable  to  military  service 
ipon  the  expiration  of  the  time  for  which  they  received 
exemption  by  reason  of  having  executed  bonds  for  one 
year  from  the  date  thereof.* 

SEC.  2.  No  exemption  or  detail  shall  be  granted  by  the 
President  or  Secretary  of  War  by  virtue  of  said  act,  except 
of  persons  lawfully  reported  by  a  board  of  surgeons  as  una 
ble  to  perform  active  service  in  the  field ;  persons  over  the 
age  of  forty  years,  and  of  laborers,  artisans,  mechanics,  and 
persons  of  scientific  skill  employed  by  or  working  for  the 
Confederate  or  State  Governments,  and  shown  by  proper 
testimony  to  bo  such  laborers,  artisans,  mechanics,  or  per 
sons  of  scientific  skill,  and  with  the  same  exceptions  all 
exemptions  and  details  heretofore  granted  by  the  Pre>Hnit 
or  Secretary  of  War,  by  virtue  of  said  act,  are  hereby  re 
voked. 

S-EC.  3.  That  all  skilled  artisans  and  mechanics  who  are 
engaged  in  the  employment  of  the  government  of  the  Con 
federate  States,  are  hereby  exempt  from  all  military  ser 
vice  during  the  time  they  are  so  employed;  Provided,  they 
are  persons  whose  services,  labor,  or  skill  may  be  more  use 
fully  employed  for  the  public  good  at  home  than  in  the 
field,  to  be  determined  by  the  Secretary  of  War,  on  the 
sworn  testimony  of  disinterested  witnesses,  under  such 
rules  and  regulations  as  he  may  prescribe;  and  the  names 
of  all  persons  so  exempted  or  detailed,  together  with  the 
reason  for  the  detail,  shall  be  submitted  to  Congress  at  the 
beginning  of  each  session. 

DAVIS'S   VETO. 

To  the  Senate  and  House  of  Representatives 

of  the  Confederate  States  of  America: 

I  have  now  under  consideration  the  act  entitled  "An  act 
to  diminish  the  number  of  exemptions  and  details.''  which 
has  passed  both  Houses,  and  presented  to  me  Saturday,  the 
llth  instant. 

The  act  contains  two  provisions,  which  would,  in  prac 
tice,  so  impair  the  efficiency  of  the  service  as  to  counter 
balance,  if  not  outweigh  the  advantages  that  would  result 
from  the  other  clauses  contained  in  it. 

The  third  section  exempts  all  skilled  artisans  and  me 
chanics  in  the  employ  of  the  Government  from  all  military 
service.  A  very  important  and  indeed  indispensable  por 
tion  of  our  local  defence  troops  consists  of  these  mechanics 
and  artisans.  They  amount  to  many  thousands  in  the  Con 
federacy;  and  while  they  are  and  should  remain  exempt 
from  general  service,  no  good  cause  is  perceived  why  the.T 
should  not,  like  all  good  citizens  capable  of  bearing  arms, 
be  organized  for  local  defence,  and  be  ready  to  defend  the 
localities  in  which  they  are  respectively  employed  against 
sudden  raids  and  incursions.  If  exempt  from  this  local 
service,  it  will  be  necessary  to  detach,  in  many  cases,  troops 


*  February  23 — This  message  was  received  in  the  House: 
I  herewith  transmit  for  your  information  a  communica 
tion  from  the  Secretary  of  War  relative  to  the  accession* 
to  the  army  from  each  State  since  April  16, 1862,  to  the 
number  of  persons  liable  to  conscription  who  have  been 
exempted  or  detailed,  and  to  the  number  of  those  between 
the  ages  of  seventeen  and  forty-five,  and  not  unfitted  for 
active  service  in  the  field,  who  are  employed  in  the  several 
States  in  the  manner  indicated  in  your  inquiry. 

JEFFERSON  DAVIS. 

The  message  and  accompanying  documents  were  laid 
upon  the  table  and  ordered  to  be  printed.    The  message 
states  that  the 
Number  of  conscripts  assigned   to  the  army   from 

camps  of  instruction  was 81,995 

Deserters  returned  to  the  army 21.056 

Assignments  under  section  eighth  of  the  act  of  Feb 
ruary  17,  1864 7,733 

Approximate  estimates  of  men  who  have  joined  the 

army  without  passing  the  camps  of  instruction... 76,206 

Total  number  of  exempts 66,086 

Agricultural  details 2,217 

Detailed  on  account  of  public  necessity 6,803 

Details  for  bureaus  and  departments,  not  including 

artisans  and  mechanics 4,612 

Detail  of  contractors  to  furnish  supplies 717 

Detail  of  artisans  and  mechanics 6,900 


APPENDIX. 


613 


from  the  armies  in  the  field.  It  is  believed  that  if  this  pro 
vision  becomes  a  law,  the  gain  of  strength  resulting  from 
the  repeal  of  other  exemptions  enacted  by  the  first  sections 
of  the  law  would  be  more  than  counterbalanced  by  the  loss 
of  this  local  force. 

The  second  provision  to  which  I  refer  is  that  which  re 
vokes  all  details  and  exemptions  heretofore  granted  by  the 
Pr  "sident  and  Secretary  of  War,  and  prohibits  the  grant  of 
such  exemptions  and  details  hereafter.  There  is  little  haz 
ard  in  saying  that  such  a  provision  could  not  be  executed 
without  so  disorganizing  the  public  service  ;is  to  produce 
very  injurious  results.  In  every  department  of  the  Gov 
ernment,  in  every  branch  of  the  service  throughout  the 
country,  there  are  duties  to  be  performed  which  cannot  be 
discharged  except  by  men  instructed  and  trained  in  their 
performance.  Long  experience  makes  them  experts.  Their 
services  become  in  their  peculiar  sphere  of  duty  worth  to 
the  country  greatly  more  than  any  they  could  possibly 
render  in  the  field.  Some  of  them  it  would  be  impossible 
to  immediately  replace.  The  Treasury  expert  who  detects 
a  forged  note  at  a  glance,  the  accounting  officer  whose 
long  experience  makes  him  a  living  repository  of  the  rules 
and  the  precedents  which  guard  the  treasury  from  frauds, 
the  superint>  ndents  of  the  manufacturing  establish 
ments  of  the  Government  which  supply  shoes,  wagons,  har 
ness,  ambulances,  &c.,  for  the  army;  the  employes  who 
have  been  especially  trained  in  the  distribution  and  subdi 
vision  of  mai!  matter  among  the  various  routes  by  which 
it  is  to  reach  its  destination,  are  among  the  daily  instances 
which  are  recorded  in  the  experience  of  executive  officers. 
To  withdraw  from  the  public  service  at  once,  and  without 
any  means  of  replacing  them,  the  very  limited  number  of 
experts — believed  to  bo  less  than  one  hundred — who  are 
affected  by  this  bill,  is  to  throw  the  whole  machinery  of 
Government  into  confusion  and  disorder  at  a  period  when 
none  who  are  not  engaged  in  executive  duties  can  have  an 
adequate  idea  of  the  difficulties  by  which  they  are  already 
embarrassed. 

The  desire  of  the  Executive  and  Secretary  of  War  to  ob 
tain  for  the  army  the  services  of  every  maa  available  for 
the  public  defence  can  hadly  be  doubted,  and  Congress  may 
be  assured  that  nothing  but  imperative  necessity  could  in 
duce  the  exercise  of  any  discretion  invested  in  them  to  re 
tain  men  out  of  the  army.  But  no  government  can  bo  ad 
ministered  without  vesting  some  discretion  in  the  executive 
officers  in  the  application  of  general  rules  to  classes  of  the 
population.  Individual  exceptions  exist  to  all  such  rules; 
these  exceptions  cannot  be  provided  for  by  legislation  in 
advance.  I  earnestly  hope  that  Congress  will  pass  an 
amendment  to  this  act  now  under  consideration  in  accord 
ance  with  the  foregoing  recommendation,  so  that  I  may  be 
able,  by  signing  both  the  act  and  amendment,  to  secure 
unimpaired  benefit  to  the  proposed  legislation. 

JKFFERSON  DAVIS. 

EXECUTIVE  OFFICE,  RICHMOND,  March  13, 1865. 

I  am  not  aware  that  this  conflict  of  opinion 
between  the  Congress  and  the  Executive  was 
reconciled. 

SEQUESTRATION. 

1864,  December  3 — The  House  considered  this 
bill  : 

A  Bill  to  be  entitled  an  act  to  provide  for  sequestering  of  the 
property  of  persons  liable  to  military  service,  who  have 
departed,  or  shall  depart,  from  the  'Confederate  States 
•without  permission. 

SEC.  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  if  any  person  shall  voluntarily  depart  from 
the  Confederate  States  without  the  permission  of  the  Presi 
dent  or  of  the  general  officer  commanding  the  Trans- 
.Mississippi  department,  or  of  an  officer  by  one  of  them  au 
thorized  tu  grant  such  permission,  and  if  such  person,  at 
the  time  of  such  departure,  shall  be  liable  to  military  ser 
vice,  according  to  the  laws  of  the  Confederate  States,  he 
shall,  from  the  time  of  his  departure,  be  treated  for  the 
purposes  of  this  act  as  an  alien  enemy,  and  his  property 
shall  be  liable  to  sequestration  and  sale  in  like  manner  aa 
tke  property  of  other  alien  enemies.  But  all  proceedings 
for  the  sequestration  and  sale  of  his  property  shall  cease, 
and  he  shall  cease  to  be  treated  as  an  alien  enemy  by  rea 
son  of  such  departure,  if,  during  the  present  war,  and  be 
fore  a  decree  of  sequestration  shall  be  pronounced  against 
bis  property,  ho  shall  return  and  enter  upon  the  perform 
ance  of  military  service  according  to  law.  But  this  act  j 
shall  not  apply  to  persons  who  at  the  time  of  their  de-  I 
parture  s'nall  bonafido  reside  within  the  lines  of  the  enemy, 
cf  in  a  part  of  the  Confederacy  in  the  military  occupation 
of  the  enemy. 

SEC.  2.  If  any  person  to  whom  the  preceding  section 
applies  shall  voluntarily,  and  without  such  permission,  go 
within  the  military  lines  of  the  enemy,  and  remain  there 
.more  than  sixty  days,  he  shall  be  presumed  to  have  departed 


from  the  Confederate  States  within  tho  meaning  of  this 
act. 

SEC.  3  If  any  person  has  heretofore  voluntarily,  and 
without  such  permission,  departed  from  the  Confederate 
States,  or  gone  within  the  military  lines  of  the  enemy  for 
the  purpose  of  avoiding  military  service,  being  at  th»  time 
liable  to  military  service  according  to  law,  or  being  now 
liable  to  military  service  according  to  law,  such  person 
shall  be  also  treated  as  an  alien  enemy,  and  his  property 
shall  be  liable  to  sequestration  and  sale,  according  to  all  the 
preceding  provisions,  unless  such  person  shall  return  and 
enter  upon  military  service  according  to  law,  within  six 
months  after  the  passage  of  this  act. 

SEC.  4.  All  grants,  conveyances,  sales,  gifts,  and  trans 
fers  of  property  hereafter  made  by  any  person  who  shall  be 
liable  to  military  service  at  the  time  of  making  the  same, 
and  whose  property  shall  become  linble  to  sequestration 
under  this  act,  and  all  liens  and  incumbrances  hereafter 
created  on  this  property,  when  he  is  liable  to  military  ser 
vice,  shall  be  void  as  against  the  claim  of  sequestration. 

It  was  repeatedly  considered  and  debated,  be 
fore  being  passed. 

1865,  February  15 — The  Senate  passed  the 
bill — yeas  12,  nays  7,  as  follows: 

YEAS— Messrs.  Baker,  Brown,  Burnett,  Caperton,  Dortch, 
Garland,  Henry,  Hill,  Johnson  of  Missouri.  Simins,  Vest. 
Wigfall— 12. 

NAYS— Messrs.  Graham,  Haynes,  Maxwell,  Oldham, 
Semmes,  Walker,  Watson — 7. 

THE  TAX  LAW    OF    1865. 
[From  the  Richmond  Sentinel,  March  13.] 
We  publish  in  another  column  the  text  of  the  new  tax 
law.    It  will  be  acceptable  to  the  reader  to  have  a  synopsis 
of  its  provisions  presented  in  plainer  phrase.    We  are  in 
debted  for  the  following  to  a  gentleman  who  had  an  active 
part  in  the  passage  of  the  law.    The  tax  law  of  the  present 
session  imposes  for  the  year  1865  taxes  as  follows  : 

1.  Upon  the  value  of  all  property,  real  and  personal,  not 
expressly  exempted  or  taxtd  at  a  different  rate,  eight  per 
cent.    The  property  to  be  assessed  on  the  basis  of  the  mar 
ket  value  of  the  same  or  similar  property  in  the  neighbor 
hood  where  assessed  in  the  year  1800.    The  property  and 
assets  of  corporations,  associations,  and  joint-stock  compa 
nies,  whether  incorporated  or  not,  taxed  in  the  same  man 
ner  and  to  the  same  extent  as  tho  property  and  assets  of 
individuals,  to  bo  paid  by  the  corporations  or  joint-stock 
companies.     Banks  not  to  be  taxed  on  deposits  of  money  to 
the  credit  of  and  subject  to  the  checks  of  others.     Stocks 
or  shares  in  corporations,  associations,  or  joint-stock  com 
panies  not  to  be  taxed  as  property,  but  the  dividends  to  be 
taxed  as  income. 

2.  Upon  tho  amount  of  all  gold  and  silver  coin,  and  upon 
the  amount  of  all  moneys  held  abroad,  or  bills  of  exchange 
drawn  therefor,  promissory  notes,  rights,  credits,  and  secu 
rities,  payable  in  foreign  countries,  and  upon  the  specie 
value  of  all  gold  dust,  or  gold  and  silver  bullion,  twenty 
per  cent. 

3.  Upon  the  amount  of  all  moneys,  except  those  abroad, 
bank  bills,  treasury  notes,  and  other  paper  issued  as  cur 
rency,  on  hand  or  on  deposit  on  the  day  of  the  approval  of 
the  act,  five  per  cent. 

4.  Upon  the  amount  of  all  solvent  credits,  except  those 
held  abroad,  five  per  cent.     Bonds  and  stocks  issued  by  the 
Confederate  States,  or  any  State,  and  all  loans  to  tho  Gov 
ernment  of  the  Confederate  States,  are   exempted  from 
taxation,  except  as  to  the  interest  thereon,  which  is  taxed 
as  income.    This  income  tax  does  not  apply  to  bonds  or 
stocks  exempted  by  law  from  taxation. 

5.  Upon  profits  made  by  buying  or  selling  merchandise, 
effects,  or  property  of  any  description,  or  money,  gold  or 
silver,  stocks,  credits,  or  obligations  of  any  kind,  at  any 
time  between  January  1, 1865,  and  January  1,  ISC6,  ten  per 
cent,  in  addition  to  the  tax  on  such  profits  as  income.   Tho 
profits  to  l»e  ascertained  by  the  difference  between  the  price 
paid  in  Confederate  treasury  notes,  including  all  costs  and 
charges,  and  the  price  realized  in  the  same  currency.     If 
the  objects  of  the  sale  were  purchased  at  any  time  since 
January  1, 1863,  this  additional  tax  to  attach  on  the  profits 
realized  on  the  sale  therefor  in  1865. 

6.  Upon  tho  amount  of  profits  exceeding  twenty-five  per 
cent.,  made  during  the  year  1865,  by  any  bank  or  banking 
company,  insurance  or  other  joint-stock  company,  a  tax  of 
twenty-five  per  cent.    This  tax  to  apply  to  individuate  or 
partnerships,  as  well  as  to  corporations— individuals  and 
partnerships  that  have  not  been  assessed,  or  have  nut  paid 
lor  tho  year  18G4,  the  tax  of  twenty-five  per  cent,  imposed 
on  the  excess  of  profits  over  twenty-five  per  cent,  for  that 
year.^to  pay  the  same  in  1865. 

7.  Tho  property,  income,  and  moneys  of  hospitals,  asy 
lums,  churches,  schools,  colleges,   and  charitable  institu 
tions  are  exempted  from  taxation  so  long  as  it  remains 


614 


APPENDIX. 


within  such  lines:   but  income  derived  therefrom  is  taxed 
as  income  under  existing  laws. 

8.  The  following  are  exempted  from  taxation  :  Property 
of  each  head  of  a  family  to  the  value  of  five  hundred  dol 
lars  ;  tor  each  minor  child  one  hundred  dollars  ;  for  each 
son  in  the  urmy  or  navy,  or  who  has  died  in  the  service,  live 
hundred  dollars.    The  property  of  every  soldier,   of 'a  sol 
diers  widow,  or  orphan  family  or  minors,  to  the  value  of 
one  thousand  dollars.     Said  exemption*  riot  to  apply  where 
tho  property,  exclusive  of  household  fr.rnitui  e.  exceeds  one 
thousand  dollars  in   value.     Household   furniture,  where 
the  value  does  not  exceed  three  hundred  dollars  on  the 
basis  of  the  value  of  1860,  wearing  apparel,  goods  manu 
factured  by  any  person  for  the  uhe  and  consumption  of  his 
family,  inclnding  slaves,  poultry,  fruit,  and  products  raised 
for  the  family  of  the  producer,  and  not  for  sale;  corn, bacon, 
and  other   agricultural  products   which  were  produced  in 
IbtU,  and   necessary  for  the  taxpayer's  family,  including 
his  slaves  during  the  present  year,  and  in  his  possession  on 
the  day  of  his  approval  of  the  act.  are  exempted  from  taxa 
tion. 

9.  Taxes  on  property  for  the  year  1865  are  to  be  assessed 
as  on  the  day  of  the  passage  of  this  act,  and  to  be  due 
and  collected  on  the  1st  of  June  next,  or  as  soon  thereaf 
ter  as  practicable.    The  additional  taxes  on  profits  for  18(55 
to  be  assessed  and  collected  according  to  the  provisions  of 
existing  laws.     All  the  taxes  imposed  by  this  act,  as  weMas 
the  taxes  on  incomes  and  profits,  and  the  specific  taxes, 
and  taxes  on  sales,  of  the  existing  laws,  are  to  be  paid  in 
Confederate  treasury  notes,  or  in  certificates  of  indebted 
ness:  provided  that  at  least  one-half  be  paid  in  the  notes. 

10.  Any  tax  payer  allowed,  under  regulations  to  be  pre 
scribed  by  the  Secretary  of  the  Treasury,  to  pay  his  taxes 
in  advance. 

11.  The  provision  of  the  act  of  the  17th  of  February, 
1864,  which  allowed  the  assessed  tax  on  property  employed 
in  agriculture  to  be  credited  by  the  tax  in  kind, i.s  repealed; 
that  where  income  from  property  was  taxed  the  property 
itself  should  be  exempted,  is  also  repealed. 

12.  The  Secretary  of  the  Treasury,  on  the  recommend 
ation  of  the  boards  of  police,  county  courts,  or  other  coun 
ty,  district,  or  parish  tribunals,  is  authorized  to  suspend 
the  collection   of  taxes  in  those  districts  where  depreda 
tions  have  been  committed  by  the  enemy,  in   cases  of  in 
dividuals  whose  resources  have  been   so  seriously  dam 
aged  or  destroyed  as  to  render  the  payment  of   taxes 
impossible  or  oppressive.     To  all  the  taxes  above  speci 
fied  an  addition  of  one-eighth  of  the  amount  is  made,  in 
wick  case  to  be   paid    in  treasury  notes  and  applied   to 
tho  payment  of  the  increased  compensation  of  the  sol 
dier. 

The  taxes  for  1865  may,  therefore,  be  summed  up  as  fol 
lows: 

On  all  property  (except  foreign  credits,  coin.  &c.,)  eight 
per  cert,  on  the  valuation  of  I860.  On  coin  and  foreign 
credits  twenty  per  cent.,  and  on  bullion,  plate,  jewelry,  &c., 
ten  per  cent. 

One-tenth  of  all  the  productions  of  the  soil,  as  established 
by  the  present  law  of  tax  in  kind.  On  the  income  from 
property  not  employed  in  agriculture,  the  rates  prescribed 
by  the  existing  laws.  No  abatement  of  tho  property  tax 
in  the  case  of  agriculturists  because  of  the  tithe  tax,  and 
no  abatement  in  the  case  of  other  property  holders  be 
cause  of  the  income  tax.  Agriculturists  to  pay  no  income 
tax. 

The  present  taxes  on  incomes,  salaries,  &c.,  are  con 
tinued. 

Exemptions  are  specified  above. 

Five  per  cent,  on  all  solvent  credits,  bonds,  and  stocks. 
The  bonds  of  States,  and  the  bonds,  stocks,  and  loans 
to  tho  Confederate  States,  to  be  taxed  upon  the  interest  as 
income  and  not  upon  principal.  Ten  per  cent,  additional 
to  income  tax  on  profits  made  by  dealing  in  property, 
money,  bonds,  stocks,  Ac.,  in  1865  or  in  1864,  which  are 
not  already  paid.  Twenty-five  per  cent,  on  property  ex 
ceeding  twenty  five  per  cent,  made  in  1865  by  banks,  cor 
porations,  individuals,  or  partnerships,  Ac.,  to  be  paid  in 
like  manner. 

This  tax  to  be  collected  also  for  1864  of  those  who  may 
not  have  paid  the  same. 

An  addition  of  one-eighth  in  every  case,  except  that  of 
tax  in  kind,  to  be  applied  to  paying  the  soldiers. 

The  person  who  is  liable  for  the  taxes  and  responsible 
for  their  payment  is  the  one  who  holds  or  owns  the  prop 
erty  on  the  day  of  the  passage  of  the  act. 

BILL  TO  DEFINE  AN*D  PUNISH  CONSPIRACY  AGAINST 
THE    CONFEDERATE    STATES. 

1864,  December  15 — The  Senate  passed  the 

following  bill  : 

A  Bill  to  define  and  punish  conspiracy  against  the  Confed 
erate  States. 
SECTION  1.    The  Congress  of  the   Confederate    States  of 


America  dn  enact,  That  if  two  or  mere  persons  within  any 
State  or  Territory  of  the  Confederate  .States  shall,  with  in 
tent  to  injure  the  Confederate  State*,  conspire  to  subvert, 
overturn  or  destroy  by  force  the  Go\  eminent  of  tlic  Con 
federate  State.-:;  ov  to  oppose  by  force  the  execution  o!  the 
law*  of  the  Confederate  States,  or  by  force  to  hinder,  •!<•;.  y 
or  prevent  the  execution  of  any  law  of  the  Confederate 
States,  or  to  sei/e,  take,  possess  or  destroy  any  property  «>f 
the  Confederate  States,  against  its  consent,  or  to  prevent, 
delay  or  binder,  by  force  or  fraud,  the  transportation  «>f 
supplies  of  men  to.  or  belonging  to  the  army  of  the  Con 
federate  States,  or  to  destroy  or  injure  any  road,  boat,  en 
gine  or  work  employed  in  such  transportation,  or  to  hold 
any  secret  communication  or  intercourse  with  an  enemy  of 
the  Confederate  States,  or  to  «id  or  abet  the  enemy  in  his 
war  upon  the  Confederate  States,  or  persons  in  rebellion 
against  tho  same,  or  to  promote  disobedience  of  lawful  mil 
itary  orders,  mutiny  or  desertion,  or  unauthorized  absence 
in  the  army  of  the  Confederate  States  or  among  the  sol 
diers  in  the  military  service,  each  and  every  person  so  of 
fending  shall  be  guilty  of  a  high  crime,  and.  upon  convic 
tion  thereof,  shall  be  punished  by  fine  not  exceeding  five 
thousand  dollars,  and  i-hall  be  imprisoned,  with  or  without 
labor,  not  exceeding  five  years :  P.-ovidvd,  That,  any  person 
charged  with  any  offence  mentioned  in  this  act  if  such 
person  be  in  the  military  or  naval  service  of  the  Confeder 
ate  States,  may  be  tried  by  a  military  court  or  court  mar 
tial,  and  if  found  griilty  shall  be  punished  by  fine  and  im 
prisonment  as  hereinbefore  provided,  or  such  other  puni-h- 
ment,  not  capital,  as  the  court  shall  adjudge:  and  if  the 
person  charged  be  not  in  the  military  or  naval  service  as 
aforesaid,  such  person  shall  be  tried  in  the  District  Court  of 
the  Confederate  States  for  the  proper  district. 

Yeas  10,  nays  6,  as  follows: 

YEAS— Messrs.  Baker,  Barnwell,  Caperton,  Dortch,  Gar 
land,  Henry,  Hill,  Johnson  of  Mo.,  Semmes,  Sparrow — 10. 

NATS — Messrs.  Graham,  Hunter,  Johnson  of  Ga.,  Max 
well,  Orr,  Watson— 6. 

When  Mr.  Hunter's  name  was  caUed,  he 
stated  that  he  believed  Congress  had  the  right 
to  pass  the  bill ;  but,  like  the  gentleman  from 
Florida,  he  did  rot  see  that  there  wag  any  ne 
cessity  fo-  it.  He  therefore  voted  against  it. 

The  bill  is  as  it  came  from  the  House,  with 
the  exception  of  the  proviso  added,  as  recom 
mended  by  the  Senate  Judiciary  Commit 
tee.  The  House  is  supposed  to  have  concurred, 
and  the  bill  to  have  become  a  law. 

PEACE  AND   INDEPENDENCE. 

Additional  to  what  is  stated  on  pages  456 
and  457,  are  the  following  facts  : 

RESOLUTION    ON    INDEPENDENCE. 

IN  SENATE. 

1864,  December  13 — On  motion  of  Mr.  BARN- 
WELL,  a  joint   resolution  denning  the   position 
of  toe  Confederate   States,  and  declaring   the 
determination  of  the  Congress  and  the  people 
thereof  to  prosecute  the   war  till    their  inde 
pendence  is  acknowledged,  was  taken   up  and 
adopted  by  an  unanimous  vote — yeas  16,  nays 
none. 

IN  HOUSE  OF  REPRESENTATIVES. 

1865,  January    13 — The    resolution  was    re 
ported  favorably  from  the  Committee  on  Foreiga 
Relations,    with    a    verbal    amendment.      Mr. 
HENRY  said  he  preferred  the  original  Lmguage 
of  the  resolutions  ;  if  he  recollected  aright,  it 
was  the  language   of  the  Declaration  of  Inde 
pendence.     Mr.  SEMMES  said  that  was  the  objec 
tion  to  it.     Mr.  HENRY  said  that  was  no  objec 
tion;  the  Declaration  of  Independence  was    a 
very    good   document.     The    amendment    was 
concurred  in,  and  the  resolutions  passed. 

RESOLUTIONS  CONCERNING  PEACE. 

December  16 — Mr.  TURNER,  (N.  C.,)  under  a 
suspension  of  the  rules,  introduced  resolutions 


APPENDIX. 


615 


that  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  be  and  he  is  hereby  re 
quested  to  appoint  thirteen  commissioners,  one 
from  ee.'ch  of  the  States  of  the  Confederate 
States,  to  tender  propositions  for  a  conference, 
in  order  to  negotiate  terms  of  peace,  and  fail 
ing  in  ibis,  said  commissioners  shall  use  all 
their  influence  to  secure  an  exchange  of  pri 
soners  and  to  mitigate  the  horrors  of  the  exist 
ing  war. 

Mr.  BARKSDALE,  (Miss.,)  offered  the  follow 
ing  resolution  as  a  substitute  for  those  pre 
sented  by  the  gentleman  from  North  Carolina  : 

Whereas,  the  people  of  the  Confederate  States  having 
been  compelled,  by  the  acts  of  the  non-slaveholding  States, 
to  dissolve  their  connection  with  those  States,  and  to  form 
a  new  compact  in  order  to  preserve  their  liberties ;  and 
whereas,  the  efforts  made  by  the  Government  of  the  Con 
federate  States,  immediately  upon  its  organization,  to  es 
tablish  friendly  relations  between  it  and  the  Government 
of  tlie  United  States  having  proved  unavailing  by  reason 
of  the  refusal  of  the  Government  of  the  United  States  to 
hold  intercom se  with  the  Commissioners  appointed  l*y  this 
Government  for  that  purpose;  and  whereas, the  Govern 
ment  of  the  United  States  having  since  repeatedly  refused 
to  listen  to  propositions  for  an  honorable  peace,  and  having 
declared  to  foreign  powers  in  advance  that  it  would  reject 
any  offer  of  mediation  which  they  might  be  prompted  to 
make  in  the  interest  of  humanity  for  terminating  the  war; 
and  thus,  having  manifested  their  determination  tocoutinue 
it,  with  a  view  to  the  reduction  of  the  people  of  these 
States  to  a  degrading  bondage,  or  to  their  extermination: 
therefore,  be  it 

Rcsolced,  That  while  we  reiterate  our  readiness  to  enter 
upon  negotiations  for  peace  whenever  the  hearts  of  our 
enemies  are  so  inclined,  we  will  pursue  without  faltering 
the  course  we  have  deliberately  chosen,  and  for  the  preser 
vation  of  our  liberties  will  employ  whatever  means  Provi 
dence  has  placed  at  our  disposal. 

Resolved.  That  the-mode  prescribed  in  the  Constitution 
of  the  Confederate  States  for  making  treaties  of  peace 
afford  ample  means  for  the  attainment  of  that  end,  when 
ever  the  Government  of  the  United  States  abandon  their 
wicked  purpose  to  subjugate  them,  and  evince  a  willingness 
to  enter  upon  negotiations  lor  terminating  the  war. 

Pending  which,  the  morning  hour  having  ex 
pired,  the  subject  was  postponed. 

December  17 — Mr.  McMuLLEN,  of  Virginia, 
offered  this  substitute  : 

Whereas,  according  to  the  Declaration  of  Independence 
of  the  United  States,  and  the  Constitution  of  the  Confeder 
ate  States,  the  people  of  each  of  said  States,  in  their  high 
est  sovereign  capacity,  have  a  right  to  alter,  amend,  or 
abolish  the  government  under  which  they  live,  and  estab 
lish  such  other  as  they  may  deem  most  expedient;  and 
whereas,  the  people  of  the  several  Confederate  States  have 
thought  proper  to  sever  their  political  connection  with  the 
people  and  government  of  the  United  States,  for  reasons 
which  it  is  not  needful  here  to  state:  and  whereas,  the  peo 
ple  of  the  Confederate  States  have  organized  and  established 
a  distinct  government  for  themselves;  and  whereas,  be 
cause  the  people  of  the  Confederate  States  have  thus  exer 
cised  their  undoubted  right  in  this  respect,  the  people  and 
government  of  the  United  States  have  thought  proper  to 
make  war  upon  them;  and  whereas,  there  seems  to  be  a 
difference  of  opinion  on  the  part  of  the  respective  govern 
ments  and  people  as  to  which  of  the  contending  parties  is 
responsible  for  the  commencement  of  the  present  war; 
therefore, 

Resolved,  That  while  it  is  inexpedient,  and  would  be  in 
compatible  with  the  dignity  of  the  Confederate  States  to 
semi  commissioners  to  Washington  city  for  the  purpose  of 
securing  a  cessation  of  hostilities,  yet  it  would  be,  in  the 
judgment  of  this  body,  eminently  proper  that  the  House 
of  Representatives  of  the  Confederate  States  should  des 
patch  without  delay  to  some  convenient  point  a  body  of 
commissioners,  thirteen  in  number,  composed  of  one  repre 
sentative  from  each  of  the  said  States,  to  meet  and  confer 
with  such  individuals  as  may  be  appointed  by  the  govern 
ment  of  the  United  States  in  regard  to  all  outstanding 
questions  of  difference  between  the  two  governments,  and 
to  agree,  if  possible,  upon  terms  of  a  lasting  and  honora 
ble  peace,  subject  to  the  ratification  of  the  respective  gov 
ernments  and  of  the  sovereign  States  respectively  repre 
sented  therein. 

1865,  January  11— Mr.  MILES,  of  South  Car 


olina,  introduced  a  serie?,  of  which  these  are 
a  part: 

Resolved,  That  under  the  Constitution  Congress  alone 
has  the  right  to  declare  war,  and  the  President,  by  and  with' 
the  advice  and  consent  of  the  Senate,  to  make  a  treaty  of 
peace. 

Resolved,  That  all  attempts  to  make  peace  with  the  Uni 
ted  States  by  the  action  or  intervention  of  the  separate 
States  composing  the  Confederacy  are  unauthorized  by  the 
Constitution,  in  contravention  of  the  supreme  law  of  the 
land,  and  therefore  revolutionary. 

Resolved,  That  we.  the  representatives  of  the  Confederate 
States,  are  firmly  determined  to  continue  the  struggle  in 
which  \ve  are  involved  until  the  United  States  shall  ac 
knowledge  ouv  independence;  and  to  this  determination, 
with  a  sincere  conviction  of  the  justice  of  our  cause,  and 
an  humble  reliance  upon  the  Supreme  Ruler  of  nations, 
we  do  solemnly  and  faithfully  pledge  ourselves. 

1865,  January  23 — Mr.  J.  T.  LEACH,  of  North 
Carolina,  offered  these  resolutions  : 

Whereas,  the  protracted  struggle  on  the  part  of  the 
Confederate  States  for  their  constitutional  rights  against 
the  federal  government,  who  claims  the  exercise  of  rights 
over  States  and  the  property  of  the  citizens  not  guaranteed 
by  the  Constitution  of  the  United  States  nor  the  laws  of 
Congress  is  a  just  cause  of  alarm  to  the  friends  of  civil 
liberty;  and 

Whereas,  the  cruel  manner  in  which  the  war  has  been  con 
ducted  on  the  part  of  the  federal  authorities,  in  thedestruc- 
tion  of  the  private  property  of  non-combatants  and  other 
acts  of  wantonness  not  tolerated  by  the  usages  of  civilized 
nations,  justifies  the  painful  apprehension  that  the  federal 
authorities  are  blind  to  their  constitutional  obligations, 
deaf  to  the  demands  of  justice,  the  appeals  of  suffering 
humanity,  the  groans  of  the  dying,  the  cries  of  hapless 
mothers  and  weeping  orphans: 

Resolved,  therefore.  For  the  purpose  of  averting,  if  possi 
ble,  further  horrors  of  this  bloody,  fratricidal  strife,  revolt 
ing  alike  to  the  feelings  of  statesmen,  patriots,  and  Chris 
tians,  and  to  add- moral  to  our  physical  strength,  that  we, 
members  of  the  House  of  Reprt  sen  tativos  of  the  Confederate 
Congress,  in  behalf  of  justice  and  suffering  humanity,  ap 
peal  most  earnestly  to  the  President  and  the  Senators  of  the 
Confederate  Congress  to  appoint  such  number  of  commis 
sioners  as,in  their  judgment,  the  importance  of  the  occasion 
demands,  to  offer  an  armistice  to  the  federal  authorities, 
preparatory  to  negotiations  for  peace. 

Resolved,  That  should  the  federal  authorities  agree  to  an 
armistice,  and  consent  to  negotiate  for  peace,  the  Presi- 
dent,  by  and  with  the  advice  and  consent  of  the  Senate,  be 
requested  to  appoint  commissioners  for  the  purpose  of con- 
1  ferring  with  the  federal  authorities,  and  that  such  terms  of 
peace  as  mny  be  agreed  to  by  them  and  certified  by  the 
President  and  Senate— two-thirds  of  the  Senate  concurring 
— shall  constitute  a  bond  of  peace  between  the  belligerents. 

Resolved,  That  should  the  federal  authorities  refuse  to 
entertain  terms  of  peace,  by  negotiation,  and  thereby  deny 
us  our  constitutional  rights,  for  the  purpose  of  more 
effectually  maintaining  those  rights,  and  at  the  same  time 
avert,  if  possible,  the  fearful  and  humiliating  fate  of  sub 
jugation,  alike  revolting  to  the  feelings  of  freemen  and 
repugnant  to  the  demands  of  justice,  that  we,  the  repre 
sentatives  of  this  House,  do  unanimously  pledge  the  undi 
vided  resources  of  the  Confederate  States  in  defence  of  our 
inalienable  rights  as  freemen. 

Mr.  McMuLLEN,  of  Va.,  moved  that  the  resolu 
tions  brs  considered  in  secret  session,  as  the 
same  question  was  now  before  the  House  in 
another  form. 

Mr.  ATKINS,  of  Tenn.,  moved  that  the  resolu 
tions  be  referred  to  the  Committee  on  Foreign 
Relations,  which  was  ordered  by  an  almost 
unanimous  vote. 

IN  SENATE. 

Mr.  HENRY,  of  Tennessee,  offered  these  reso 
lutions,  which  were  taken  up  November  29,  and 
after  debate  referred  to  the  Committee  on  For 
eign  Relations  : 

Resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  people  of  the  Confederate  States  are 
endowed  by  their  Creator  with  the  inalienable  rights  of 
lite,  liberty,  and  the  pursuit  of  happiness;  that  to  secure 
these  rights  governments  were  instituted  among  men,  de 
riving  their  just  powers  from  the  consent  of  the  governed; 
and  whenever  any  government  becomes  destructive  of  these 
ends,  it  is  the  right  of  the  people  to  alter  or  abolish  it,  and 


616 


APPENDIX. 


to  institute  a  new  govjrnmont,  laying  its  foundation  on 
such  principles,  and  organizing  its  powers  in  such  form,  as 
to  them  shall  seem  most  likely  to  effect  their  safety  and 
happiness;  that  on  these  principles,  embodied  in  the  Decla 
ration  of  American  Independence,  the  United  Colonies,  in 
1770,  dissolved  the  connection  that  bound  them  to  the  Gov 
ernment  of  Great  Britain,  and  on  them  the  Confederate 
States  have  severed  the  bonds  of  that  political  union  which 
connected  them  with  the  people  of  the  government  of  the 
United  States  of  America,  rather  than  Buhmit  to  the  re 
peated  injuries  inflicted  upon  them  by  that  people,  and  to 
the  usurpations  of  that  government,  all  of  which  had  the 
direct  object  to  deprive  them  of  their  rights,  rob  them  of 
their  property,  secured  to  them  by  constitutional  guar 
anty,  and  to  establish  an  absolute  tyranny  over  these 
States. 

Resolved,  That  the  Confederate  States  appealed  to  arms 
in  defence  of  these  rights  and  to  establish  these  principles 
only  after  they  had  in  vain  conjured  the  people  of  the  gov 
ernment  of  the  United  States,  by  all  the  ties  of  a  common 
kindred,  to  discountenance  and  discontinue  these  injuries 
and  usurpations,  and  aftei  they  had  petitioned  for  redress, 
in  the  most  appropriate  terms,  and  received  in  answer  only 
a  repetition  of  insults  and  injuries,  which  foreshadowed 
usurpation)*  still  more  dangerous  to  liberty. 

Resolved,  That,  after  nearly  four  years  of  cruel,  devas 
tating,  and  unnatural  war,  in  which  the  people  of  the  Con 
federate  States  have  unquestionably  established  their  ca 
pacity  for  self-government,  and  their  ability  to  resist  the 
attempts  of  the  enemy  to  subjugate  them,  this  Congre.-s 
does  not  hesitate  to  avow  its  sincere  desire  for  peace,  and 
to  that  end  proclaim  to  the  world  the  readiness  of  the  gov 
ernment  of  the  Confederate  States  to  open  negotiations  to 
establish  a  permanent  and  honorable  peace  between  the 
Confederate  States  and  the  United  States,  upon  the  basis 
of  the  separate  independence  of  the  former. 

Unsolved,  That  the  time  has  come  when  the  Confederate 
Congress,  in  the  name  of  the  people  of  the  Confederate 
States,  deem  it  proper  again  to  proclaim  to  the  world  their 
unalterable  determination  to  be  free;  and  that  they  do  not 
abate  one  jot  of  their  high  resolve  to  die  freemen  rather 
than  live  slaves;  and,  further,  if  the  people  of  the  United 
States,  by  re-electing  Abraham  Lincoln,  mean  to  tender  to 
them  four  years  more  of  war  or  re-union  with  them  on  any 
terms,  deeply  deprecating  the  dire  necessity  so  wantonly 
thrust  upon  them,  and  relying  upon  the  justice  of  their 
cause  and  the  gallantry  of  their  soldiers,  they  accept  the 
gauge  of  battle,  and  leave  the  result  to  the  righteous  arbi 
trament  of  Heaven. 

Resolved,  That  in  view  of  the  determination  of  the  ennny 
to  prosecute  this  horrid  war  still  further,  against  which 
the  Confederate  States  have  at  all  times  protested,  and 
which  the  enemy  have  waged  with  extraordinary  vigor, 
and  which  has  been  marked  by  acts  of  extraordinary 
atrocity,  in  violation  of  all  the  usages  of  civili/ed  warfare, 
the  Congress  of  the  Confederate  States  will  from  this  hour 
dedicate  themselves  anew  to  the  great  cause  of  self-defence 
against  the  combined  tyranny  of  the  enemy;  that  it  shall 
no  longer  be  the  momentary  occupation  of  the  Congress  and 
the  people  of  the  Confederate  States,  but  the  business  of  their 
lives,  to  gat  her  together  the  entire  strength  of  the  country  in 
men  and  material  of  war,  and  put  it  forth,  as  with  the  will 
of  one  man,  and  witii  an  unc  uiquerable  determination  to 
defend  their  altars  and  their  firesides  till  the  last  votary  of 
freedom  falls  around  them. 

Mr.  HENRY  did  not  desire  to  discuss  the  res 
olutions  at  this  time  He  merely  wished  to 
have  them  printed  and  placed  upon  the  calen 
dar.  At  the  proper  time  he  trusted  that  Sena 
tors  would  express  their  sentiments  on  this 
question,  and  a  spirit  would  go  out  to  the 
country  that  we  are  fully  up  to  the  mark,  and 
intend  to  achieve  our  independence  or  die  in 
the  good  fight. 

January  30 — Mr.  OLDHAM  (Texas)  offered  a 
series  of  resolutions,  passed  by  the  Legislature 
of  Texas,  declaring  the  determination  of  that 
State  to  accept  no  terms  of  peace  which  did 
not  guarantee  the  independence  of  the  Confed 
eracy.  Mr.  OLDHAM  said  that  he  offered  these 
resolutions,  passed  by  the  Legislature  of  his 
State,  with  peculiar  satisfaction  and  pleasure. 
He  referred  briefly  to  the  course  pursued  by 
one  Hate  since  the  commencement  of  this  war. 
Her  sons  did  not  wait  for  the  enemy  to  invade 
her  borders ;  but  when  the  tocsin  of  war  was 


first  sounded  they  rushed  to  the  defence  of 
glorious  Old  Virginia,  and  they  were  always  to 
be  found  where  the  battle  raged  the  fiercest. 
He  alluded  to  the  peace  propositions,  and  to 
the  call  for  a  convention  of  States.  He  be- 
Teved  a  convention  of  the  States  impracticable 
at  this  time.  A  majority  of  the  States  would 
not  send  delegates  to  such  a  convention.  His 
State  had  spoken  out ;  she  wanted  no  peace 
which  did  not  bring  independence  with  it.  We 
Texans,  who  had  been  for  four  years  battling 
for  our  liberties,  would  be  satisfied  with  noth 
ing  short  of  independence.  He  did  not  ques 
tion  the  patriotism  of  those  who  believed  in 
any  other  association  than  that  prescribed  by 
the  Constitution.  We  must  keep  our  people 
united  ;  that  was  the  sure  road  to  peace  and  in 
dependence.  He  did  not  deny  that  our  people 
were  depressed,  but  it  was  caused  by  the  dis 
pelling  of  the  illusions  of  peace,  by  the  tri 
umphant  march  of  Sherman  through  Georgia, 
and  his  capture  of  the  city  of  Savannah. 

Mr.  BROWN  said  that  nothing  had  fallen  so 
gratefully  upon  his  ears  as  the  heroic  resolu 
tions  passed  by  the  Legislature  of  the  heroic 
JState  of  Texas.  He  did  not  believe  that  we 
could  get  honesty  and  fair  dealing  from  the 
Yankees  until  we  had  thrashed  it  into  them. 
In  his  opinion  we  would  have  peace  when  we 
conquered  it  at  the  point  of  the  bayonet  and 
the  mouth  of  the  cannon. 

Mr.  WIGFALL  was  at  the  seat  of  government 
of  his  State  when  these  resolutions  were  intro 
duced,  and  he  informed  the  Senate  that  they 
expressed  the  sentiment  of  his  people.  The 
resolutions  were  ordered  to  be  printed. 

JEFFERSON    DAVIS    ON     STATE     NEGOTIATION     FOE 
PEACE. 

RICHMOND,  VA.,  November  17.  1864. 
To  the  Hons.  Senators  of  Georgia— Messrs.  A.  R.' Wright, 

(President  Senate,)  Y.  L.  Guerry,J.  M.  Chambers,  Thomas 

E.  Lloyd,  Frederick  K.  West,  Robert  B.  A'esbit: 

GENTLEMEN:  I  answered  by  telegraph  this  morning  your 
letter  of  the  llth  inst.,  as  requested,  and  now  respectfully 
comply  with  your  desire  that  1  should  express  my  views 
on  the  subject  to  which  you  invite  my  attention. 

In  forwarding  to  me  the  resolutions  introduced  into  the 
House  of  Representatives  of  Georgia  by  Mr.  Stephens,  of 
Hancock,  you  state  that  you  are  not  inclined  to  favor  the 
passage  of  these  or  any  similar  resolutions,  believing  them 
to  have  a  tendency  to  create  divisions  among  ourselves,  and 
to  twiite  and  strengthen  our  enemies,  but  that  itis  asserted 
in  Mil  ledge  ville  that  I  favor  such  action  on  the  part  of  the 
States,  and  would  be  pleased  to  see  Georgia  cast  her  influ 
ence  in  that  way.  You  are  kind  enough  to  say  that  if  this 
be  true,  and  if  the  pa,ssago  of  these  or  similar  resolutions 
would  in  the  slightest  degree  aid  or  assist  me  in  bringing 
the  war  to  a  successful  and  speedy  close,  you  will  give 
them  your  earnest  and  hearty  support. 

I  return  you  my  cordial  thanks  for  this  expression  of  con 
fidence,  but  assure  you  that  there  is  no  truth  in  the  asser 
tions  which  you  mention,  and  1  presume  that  you  will  nl- 
ready  have  seen  by  the  closing  part  of  my  annual  message, 
\\hich  must  have  reached  you  since  the  date  of  your  letter, 
that  I  have  not  contemplated  the  use  of  any  other  agency 
in  treating  for  peace  than  that  established  by  the  Constitu 
tion  of  the  Confederate  States. 

That  agency  seems  to  me  to  be  well  adapted  to  its  pur 
pose,  and  free  from  the  injurious  consequences  that  would 
follow  any  other  means  that  have  been  suggested. 

The  objection  to  separate  State  action  which  you  present 
in  your  letter,  appears  to  bo  so  conclusive  as  to  admit  no 
reply.  The  immediate  and  inevitable  tendency  of  such 
distinct  action  in  each  State  is  to  create  discordant  instead 
of  united  counsels,  to  suggest  to  our  enemies  the  possibility 
of  a  dissolution  of  the  Confederacy,  and  to  encourage  them, 
by  the  spectacle  of  our  divisions,  to  more  determined  action 
against  us. 

They  would  readily  adopt  the  false  idea  that  some  of  the 
States  of  the  Confederacy  are  disposed  to  abandon  theii 


APPENDIX. 


617 


sister  States  and  make  separate  terms  of  peace  for  them 
selves,  and  if  such  a  suspicion,  however  unfounded,  were 
once  engendered  among  our  own  people,  it  would  be  de 
structive  of  that  spirit  of  mutual  confidence  and  support 
which  forms  our  chief  reliance  for  success  in  the  mainte 
nance  of  our  cause. 

When  the  proposal  of  separate  State  action  was  first 
mooted,  it  appeared  to  me  so  impracticable,  so  void  of  any 
promise  of  good,  that  I  gave  no  heed  to  the  proposal;  but 
upon  its  adoption  by  citizens,  whose  position  and  ability 
give  weight  to  the  expression  of  their  opinions,  I  was  led 
to  a  sci  ions  consideration  of  the  subject.  My  first  impres 
sions  have  not  been  changed  by  reflection. 

If  all  the  States  of  the  two  hostile  Federations  are  to 
meet  in  Convention,  it  is  plain  that  such  a  meeting  can 
only  take  place  after  an  agreement  as  to  the  time,  place, 
and  terms  on  which  they  are  to  meet.  Now,  without  dis 
cussing  the  minor  although  not  trifling  difficulties  of  agree 
ing  as  to  time  and  place,  it  is  certain  that  the  States 
would  never  consent  to  a  Convention  without  a  pre 
vious  agreement  as  to  the  terms  on  which  they  were  to 
meet. 

The  proposed  Convention  must  meet  on  the  basis  either 
that  no  State  should,  against  its  own  will,  be  bound  by  the 
decision  of  the  Convention,  or  that  it  should  be  so  bound. 
But  it  is  plain  that  an  agreement  on  the  basis  that  no  State 
should  be  hound,  without  its  consent,  by  the  result  of  the 
deliberations,  would  be  an  abandonment  on  the  part  of  the 
North  of  the  pretended  right  of  coercion;  would  be  an  ab 
solute  recognition  of  the  independence  of  the  several  States 
of  the  Confederacy;  would  be,  in  a  word,  so  completeacon- 
cession  of  the  rightful  uess  of  our  cause  that  the  most  vis 
ionary  cannot  hope  for  such  an  agreement  in  advance  of 
tlio  meeting  of  a  Convention. 

Theonly  other  possible  basis  of  meeting  is  that  each  State 
should  agree,  beforehand,  to  bo  bound  by  the  decision  of 
the  Convention,  and  such  agreement  is  but  another  form  of 
submission  to  Northern  dominion,  as  we  well  know  that  in 
such  a  Convention  we  should  be  outnumbered  nearly  two 
to  one.  On  the  very  threshold  of  the  scheme  proposed, 
therefore,  we  are  met  by  an  obstacle  which  cannot  be  re 
moved.  Is  not  the  impracticable  character  of  the  project 
apparent  ? 

"You  will  observe  that  I  leave  entirely  out  of  view  the 
suggestion  that  a  Convention  of  all  the  States  of  both  Fed 
erations  should  be  held  by  common  consent  without  any 
pvvi'ius  understanding  as  to  the  effect  of  its  decisions — 
should  meet  merely  in  debate  and  pass  resolutions  that  are 
to  bind  no  one.  It  is  not  supposed  that  this  can  really  be 
the  meaning  attached  to  the  proposal  by  those  who  are  ac 
tive  in  its  support,  although  the  resolutions  to  which  you 
invite  my  attention  declare  that  the  function  of  such  a 
Convention  would  be  simply  to  propose  a  plan  of  peace, 
with  the  consent  of  the  two  belligerents;  or,  in  other 
words,  to  act  as  negotiators  in  treating  for  peace. 

This  part  of  tha  scheme  is  not  intelligible  to  me.  If  the 
Convention  is  o«ly  to  be  held  with  the  consent  of  the  two 
belligerents,  that  consent  cannot  be  obtained  without  nego 
tiation.  The  plan  then  would  resolve  itself  into  a  scheme 
that  the  two  Governments  should  negotiate  an  agreement 
for  the  appointment  of  negotiators  to  make  proposals  for  a 
treaty.  It  seems  much  more  prompt  and  simple  to  nego 
tiate  for  peace  at  once  than  to  negotiate  for  the  appoint 
ment  of  negotiators,  who  are  to  meet  without  power  to  do 
anything  but  make  proposals. 

If  the  Government  of  the  United  States  is  willing  to 
make  peace,  it  will  treat  for  peace  directly.  If  unwilling, 
it  will  refuse  to  consent  to  the  Convention  of  States.  The 
author  of  these  resolutions  and  those  who  concur  in  his 
views  appear  to  me  to  commit  the  radical  error  of  suppos 
ing  that  the  obstacle  to  obtaining  the  peace  which  we  all 
desire  consists  in  the  difficulty  of  finding  proper  agencies 
for  negotiating,  so  that  the  whole  scope  of  the  resolutions 
ends  in  nothing  but  suggesting  that,  if  the  enemy  will 
treat,  the  best  agency  would  be  State  Delegates  to  a  Con 
vention,  whereas  the  whole  and  only  obstacle  is  that  the 
enemy  will  not  treat  at  all,  or  entertain  any  other  propo 
sition  than  that  we  should  submit  to  their  yoke,  acknowl 
edge  that  we  are  criminals,  and  appeal  to  their  mercy  for 
pardon. 

Alter  this  statement  of  objections,  it  may  appear  su 
perfluous  to  add  others  of  less  gravity;  but  as  you  invite 
a  full  expression  of  my  views,  I  will  add  that  history 
is  replete  with  instances  of  the  interminable  difficultie's 
and  delays  which  attend  the  attempt  to  negotiate  on  great 
and  conflicting  interests,  when  the  parties  to  the  negotia 
tion  are  nnuu>rous.  If  this  has  been  the  case  where  the 
parties  possessed  full  powers  to  conclude  a  treaty,  what 
can  we  hope  from  an  assembly  of  negotiators  from  thirty 
or  forty  States,  who,  in  the  midst  of  an  exasperating  war 
fare,  are  to  meet  without  power  to  conclude  anything? 

In  the  history  of  our  own  country  we  find  that  in  the 
time  of  profound  peace,  when  the  most  cordial  brotherhood 


of  sentiment  existed,  and  when  a  long  and  bloody  war  hrid 
been  brought  to  a  triumphant  close,  it  required  two  years 
to  assemble  a  Convention  and  bring  its  deliberations  to  an 
end,  and  another  year  to  procure  the  ratification  of  their 
labors.  With  such  a  war  as  the  present  in  progress,  the 
views  of  the  large  assemblage  of  negotiators  proposed 
would  undergo  constant  change,  according  to  the  vicissitude 
of  the  struggle,  and  the  attempt  to  secure  concordant 
views  would  soon  be  abandoned,  and  leave  the  parties  more 
embittered  than  ever — less  hopeful  of  the  possibility  of 
successful  negotiation. 

Again,  how  is  the  difficulty  resulting  from  the  conflicting 
retensions  of  the  two  belligerents  in  regard  to  several  of  the 
tates  to  be  overcome?  Is  itsupposed  that  Virginia  would 
enter  into  a  convention  with  a  delegation  from  what  our 
enemies  choose  to  term  the  "  State"  of  "  West  Virginia," 
and  thus  recognize  an  insolent  and  violent  dismemberment 
of  her  territory?  Or  would  the  United  States  consent 
that  "West  Virginia"  should  be  deprived  of  her  pretensions 
to  equal  rights,  after  having  formally  admitted  her  as  a 
State, and  allowed  her  to  vote  at  a  Presidential  election? 
Who  would  send  a  delegation  from  Louisiana,  Tennessee, 
Kentucky,  Missouri? 

The  enemy  claim  to  hold  the  governments  of  these  States, 
while  we  assert  them  to  be  members  of  the  Confederacy. 
Would  delegates  be  received  from  both  sides?  If  so,  there 
would  soon  be  adisruption  of  the  Convention.  If  delegates 
are  received  from  neither  side,  then  a  number  of  the 
States  most  vitally  interested  in  the  result  would  remain 
unrepresented,  and  what  value  could  be  attached  to  the 
mere  representations  of  a  body  of  negotiators  under  such 
circumstances  ? 

Various  other  considerations  suggest  themselves,  but 
enough  has  been  said  to  justify  my  conclusion  that  the 
proposal  of  separate  State  action  is  unwise,  impracticable 
and  offers  no  prospect  of  good  to  counterbalance  its  mani 
fold  injurious  consequences  to  the  cause  of  our  country. 
Very  respectfully,  yours,  &c., 

JEFFERSON  DAVIS. 

CONVENTION  OF  THE  STATES. 

In  December,  1864,  Mr.  FOOTE  of  Tennessee, 
introduced  two  resolutions  looking  towards  a 
conference  of  States.  The  first  declares  it  un 
patriotic  for  any  of  the  rebel  States  to  with 
draw  from  the  Confederacy,  but  allowable  for 
them  to  confer  in  their  sovereign  capacity  on 
the  prosecution  of  the  war  and  the  attainment 
of  peace.  The  second  is  as  follows  : 

Resolved,  That  the  present  condition  of  the  country  is 
such  as  to  render  it  eminently  desirable  that,  for  the  pur- 
posesspecified,a  convention  of  these  States,  in  their  highest 
sovereign  capacity,  should  be  convoked  without  delay, 
and  that  if-  such  convocation  should  be  judged  for  the 
present  impracticable,  it  would  bo  desirable  that  each  of 
said  States  should,  "with  as  little  delay  as  possible,"  ap 
point  a  limited  number  of  commissioners  with  power  to 
confer  freely  and  fraternally  with  each  other  touching  the 
present  condition  of  the  country,  and  of  offering  such  ad 
visory  suggestions  to  said  Confederate  Government  as  might 
be  calculated  to  prove  advantageous  in  the  further  prosecu 
tion  of  the  existing  war,  or  conducive  to  the  establishment 
of  an  early  and  honorable  peace. 

These  resolutions  were  laid  on  the  table  by  a 
vote  of  63  to  13.  Those  who  voted  in  the  neg 
ative  were  : 

Messrs.  Bell  of  Georgia,  Boyce  of  South  Carolina,  Colyar 
of  Tennessee,  Cruickshank  of  Alabama,  Foote  of  Tennes 
see,  Fuller  of  North  Carolina,  Gilmer  of  North  Carolina, 
Lumpkin  of  Georgia,  J.  M.  Leach  of  North  Carolina,  Logan 
of  North  Carolina,  McMullen  of  Virginia,  Ramsay  of  North 
Carolina,  Smith  of  North  Carolina. 

THE    MEXICAN    QUESTION. 

1864,  November  7— Mr.  MURRAY,  of  Tennes 
see,  introduced  the  following  joint  resolution  : 

TJie  Congress  of  the  Confederate  States  do  resolve,  That  we 
have  no  sympathy  with  the  efforts  to  establish  a  monarchy 
in  Mexico,  and  that  we  will  not,  directly  or  indirectly,  aid 
in  the  establishment  of  a  monarchy  on  the  Continent  of 
America. 

Referred  to  the  Committee  on  Foreign  Affairs. 

1865,  January  30 — Mr.  DEJARNETTE,   of  Vir 
ginia,  offered  the  following  preamble  and  joint 
resolution,  and  the  House  suspended  the  five 


618 


APPENDIX. 


minute  rule  to  allow  him  to  speak  to  the  merits 
of  the  resolution : 

Whereas  all  nations  have  seen  with  alarm  the  establish 
ment  of  any  formidable  power  in  their  vicinity;  and 

Whereas  the  people  of  the  Confederate  States,  as  well  as 
the  people  of  the  United  States,  have  ever  cherished  the 
resolve  that  any  further  acquisition  of  territory  in  North 
America  by  any  foreign  power  would  be  inconsistent  with 
their  prosperity  and  development;  and 

Whereas  the  invasion  of  Mexico  by  France  has  resulted, 
as  is  alleged,  in  the  establishment  of  a  government  founded 
on  the  consent  of  the  governed ;  nevertheless,  we  have 
reasons  to  believe  that  ulterior  designs  are  entertained 
against  California  and  the  Pacific  States,  which  we  do  not 
regard  as  parties  to  the  war  now  waged  against  us,  as  they 
have  furnished  neither  men  uor  money  for  its  prosecution : 
therefore 

The,  Congress  of  the  Confederate  States  of  America  do 
resolve,  That  the  time  may  not  be  distant  when  we  will  be 
prepared  to  unite,  on  the  basis  of  the  independence  of  the 
Confederate  States,  with  those  most  interested  in  the 
vindication  of  the  principles  of  the  Monroe  doctrine,  for 
their  mediation  to  the  exclusion  of  all  seeming  violations 
of  those  principles  on  the  continent  of  North  America. 

Mr.  DEJARNETTE  said  that  if  England  and 
France  saw  that  we  intended  to  pursue  the 
policy  indicated  in  the  resolution,  they  would 
give  us  all  we  wanted  and  more  than  we  hoped 
for. 

On  motion  of  Mr.  ATKINS,  (Tenn.,)  the  pre 
amble  and  resolution  were  referred  to  the  Com 
mittee  on  Foreign  Affairs. 

DAVIS'S    LAST    MESSAGE. 

Both  Houses  of  the  Rebel  Congress  had 
agreed  to  adjourn  sine  die,  March  9th  ;  but  Mr. 
DAVIS  requested  them  to  remain  in  session  a 
few  days  longer.  On  the  13th,  he  sent  them  a 
message  on  the  state  of  the  Confederacy,  in 
which  allusion  is  made  to  the  perils  surround 
ing  it,  and  these  recommendations  are  made  : 

That  means  be  devised  for  securing  to  the 
officers  of  the  supply  departments  two  millions 
of  dollars  in  coin,  to  supply  the  Virginia  and 
North  Carolina  armies  for  one  year.  That  the 
impressment  law  be  modified  so  as  not  to  allow 
public  officers  to  impress  supplies  without  mak 
ing  payment  of  the  valuation  at  the  time  of  im 
pressment.  That  more  efficient  revenue  meas 
ures  be  passed  ;  that  more  rigorous  military 
bills  be  passed,  and  that  a  general  militia  law  be 
enacted.  Respecting  the  suspension  of  the 
privilege  of  the  writ  of  habeas  corpus,  he  used 
this  language  : 

I  have  heretofore,  in  a  confidential  message  to  the  two 
Houses,  stated  the  facts  whitb  induced  me  to  consider  it 
necessary  that  the  privilege  of  the  writ  of  habeas  corpus 
should  be  suspended.  The  conviction  of  the  necessity  of 
this  measure  has  become  deeper,  as  the  events  of  the 
struggle  have  been  developed.  Congress  has  not  concurred 
witb  me  in  opinion.  It  is  my  duty  to  say  that  the  time  has 
arrived  when  the  suspension  of  the  writ  is  not  simply  ad- 
visabla  and  expedient,  but  almost  indispensable  to  the  suc 
cessful  conduct  of  the  war.  On  Congress  must  rest  the 
responsibility  of  declining  to  exercise  a  power  conferred  by 
the  Constitution  as  a  means  of  public  safety  to  be  used  iii 
periods  of  national  peril  resulting  from  foreign  invasion. 
If  our  present  circumstances  are  not  such  as  were  contem 
plated  when  this  power  was  conferred,!  confess  myself  at 
a  loss  to  imagine  any  contingency  in  which  this  clause  of 
the  Constitution  will  not  remain  a  dead  letter. 

ON     PEACE. 

Cougress  will  remember  that  in  the  conference  above  re 
ferred  to  our  commissioners  were  informed  that  the  Gov 
ernment  of  the  UniteVl  States  would  not  enter  into  any 
agreement  or  treaty  whatever  with  the  Confederate  States, 
nor  with  any  single  State;  and  that  the  onlypossible  mode 
of  obtaining  peace  was  by  laying  down  our  arms,  disband 
ing  our  forces,  and  yielding  unconditional  obedience  to  the 
laws  of  the  United  States,  including  those  passed  for  the 
confiscation  of  our  property,  and  the  constitutional  amend 


ment  for  the  abolition  of  slavery.  It  will  further  be  re 
membered  that  -Mr.  Lincoln  declares  that  f he  only  terms  on 
which  hostilities  would  cease,  were  those  stated  in  hi* 
message  of  December  last,  in  which  we  were  informed  that 
in  the  event  of  our  penitent  submission,  he  would  temper 
justice  with  mercy;  and  that  the  question  whether  w& 
would  be  governed  as  dependent  territories,  or  permitted 
to  have  a  representation  iu  their  Congress,  was  one  on  which 
he  could  promise  nothing,  but  which  would  be  decided  by 
their  Congress,  after  our  submission  had  been  accepted. 

It  has  not,  however,  buen  hitherto  stated  to  you  that  in 
the  course  of  the  conference  at  Fortress  Monroe,  a  sugges 
tion  was  made  by  one  of  our  commissioners  that  the  objec 
tions  entertained  by  Mr.  Lincoln  to  treating  with  the  gov 
ernment  of  the  Confederacy  or  with  any  separate  State 
might  be  avoided  by  substituting  lor  the  usual  mode  of 
negotiating  through  commissioners  or  other  diplomatic 
agents,  the  method  sometimes  employed  of  a  military  con 
vention  to  be  entered  into  by  the  Commanding  Generals  of 
the  armies  of  the  two  belligerents.  This,  he  admitted,  was 
a  power  possessed  by  him,  though  it  was  not  thought  com 
mensurate  with  all  the  questious  involved.  As  he  did  not 
accept  the  suggestion  when  made,  he  was  afterwards  re 
quested  to  reconsider  his  conclusion  upon  the  subject  of  a 
suspension  of  hostilities,  which  he  agreed  to  do,  but  said 
that  he  had  maturely  considered  of  the  plan,  and  had  deter 
mined  that  it  could  not  be  done. 

Subsequently,  however,  an  interview  with  Gen.  Long- 
street  was  asked  for  by  Geu.Ord,  commanding  the  enemy  a 
army  of  the  James,  during  which  Gen.  Longstreet  was  in 
formed  by  him  that  there  was  a  possibility  of  arriving  at  a 
satisfactory  adjustment  of  the  present  unhappy  difficulties, 
by  means  of  a  military  convention,  and  that  if  Gen.  Lee  de 
sired  tin  interview  on  the  subject,  it  would  not  be  declined, 
provided  Gen.  Lee  had  authority  to  act.  This  communica 
tion  was  supposed  to  be  the  consequence  of  tlic  suggestion 
above  referred  to,  and  Gen.  Lee,  according  to  instructions, 
wrote  to  Gen.  Grant  on  the  2d  of  this  month,  proposing  to 
meet  him  for  conference  on  the  subject,  and  stating  that  he 
was  vested  with  the  requisite  authority.  Gen.  Grant's 
reply  stated  that  he  had  no  authority  to  accede  to  the  pro 
posed  conference;  that  his  powers  extended  only  to  mak 
ing  a  convention  on  subjects  purely  cf  a  military  char 
acter,  and  that  Gen.  Ord  could  only  have  meant  that  a  a 
interview  would  not  be  refusedon  any  subject  of  which  he, 
Gen  Grant,  had  the  right  to  act. 

It  thus  appears  that  neither  with  the  Confederate  au 
thorities,  nor  the  authorities  of  any  State,  nor  through 
the  Commanding  Generals,  will  the  Go\ eminent  of  the 
United  States  treat  or  make  any  terms  or  agreement  what 
ever  for  the  cessation  of  hostilities.  There  remains,  then, 
for  us  no  choice  but  to  continue  this  contest  to  a  final  issuet 
for  the  people  of  the  Confederacy  can  be  but  little  known 
to  him  who  supposes  it  possible  they  would  ever  consent  to 
purchase,  at  the  cost  of  degradation  and  slavery,  permission 
to  live  in  a  country  garrisoned  by  their  own  negroes,  and 
governed  by  officers  sent  by  the  conqueror  to  rule  over 
them. 

WRIT  OF  HABEAS  CORPUS. 

1865,  January  20— Mr.  J.  M.  LEACH,  of  N.  C., 
offered  the  following: 

Resolved,  That  the  privilege  of  the  writ  of  habeas  corpus 
is  one  of  the  great  bulwarks  of  freedom,  and  that  it 
ought  not  to  be  suspended  except  in  extreme  cases  where 
the  public  safety  imperatively  demands  it ;  that  the  people 
of  this  Confederacy  are  united  in  a  great  struggle  for  lib 
erty,  and  that  no  exigency  exists  justifying  its  suspen 
sion. 

The  resolution  was  lost  by  the  following 
vote  : 

YEAS— Messrs  Anderson,  Bell,  Boyce,  Branch,  Clopton, 
Colyar,  Cruickshank,  Darden,  Foster,  Fuller,  Garland,  Gil- 
mcr,  Lumpkin,  J.  M.  Leach,  J.  T.  Leach,  Lester,  Logan, 
Marshall,  Miles,  Murray,  Orr,  Ramsay,  J.  M.  Smith,  W.  E. 
Smith,  Turner,  Wickham— 26. 

NAYS— Messrs.  Aiken,  Baldwin,  Barksdale,  Batson,  Blan- 
ford,  Baylor,  Bradley,  II.  W.  Bruce,  Chrismun,  Clark, 
Cluskey,  Conrow,  DeJarnette,  Dupre,  Ewing,  Farrow, 
Gait  her,  Gholson,  Goode,  Gray,  Hank-y,  Hatcher,  Herbert, 
Hilton,  Holder,  Johnson,  Keeble,  Lyon,  Macheu,  Moore, 
Norton,  Terkins,  Read,  Russell,  Sexton,  Shewmake,  Simp 
son,  Suead,  Staples,  Triplett,  Villere,  Wilkes,  Mr.  Speaker 
—43. 

On  motion  of  Mr.  RUSSKLL,  of  Va.,  it  was  re 
ferred  to  the  Committee  on  the  Judiciary. 

1864,  December  24 — The  same  resolution  was 
negatived — yeas  31,  nays  41,  as  follows: 

YEAS— Messrs.  Anderson,  Atkins,  Ayer,  Baldwin,  Boyce, 


APPENDIX. 


619 


Branch.  Clopton,  Colyar,Cruickshauk,  Dardon,  Bchols,  Far 
row,  Foster,  Gaither,  Garlaml,  Hanley,  Herbert,  Holden, 
Luinpkin,  Lester.  Marshall,  Menees,  Miles,  Simpson,  J.  M. 
Smith,  \V.  K.  Smith,  Smith,  (Ala.,)  Smith,  (N.  C.,)  Wick- 
ham.  Withcrepoon— 31. 

NAYS— Messrs.  Aiken,  Barksdale,  Batson.  Blanford,E.  M. 
Bruce,  II.  W.  Bruce,  Chilton,  Chrisman,  Clark,  Cluskey, 
Coimul,  Conrow,  Diekenson,  Dupre,  Elliott,  Ewing,  Fun- 
sten,  Gholsou,  Goode,  Uartridge,  Hatcher,  Ho  1  May,  John 
son,  Keeble,  Kenner,  Lyou,  Macheii.  Norton,  Perkins,  Pugh, 
Sexton,  Shcwinake,  Snead,  Swan,  Triplett,  Vest,  Yillere, 
Welsh,  Wilkes,  Mr.  Speaker— 41. 

1865,  March  15 — The  House  passed  a  bill — 
yeas  1st!,  nays  32 — suspending  the  privilege,  but 
the  Senate — yeas  6.  nays  9 — at  first  refused  to 
concur,  but  subsequently  passed  it,  as  follows: 

Whereas  the  Confederate  States  are  invaded,  and  the 
public  safety  requires  a  suspension  of  the  privilege  of  the 
writ  of  habeas  corpus, 

The  Congress  of  the  Confederate  States  of  America  do  en 
act,  That  tbe  privilege  of  the  writ  of  habeas  corpus  is  here 
by  suspended  until  otherwise  provided  by  law,  in  all  cases 
of  arrest  or  detention  by  order  of  the  President,  the  Sec 
retary  of  War,  or  the  general  officer  commanding  the 
Trans-Mississippi  Military  Department. 

SKC.  2.  Until  otherwise  provided  by  law,  the  said  privi 
lege  shall  be  suspended  for  sixty  days  from  the  time  of  ar 
rest,  in  every  case  of  arrest  or  detention  by  order  of  a 
general  officer  commanding  an  army,  or  a  military  depart 
ment  or  district. 

SEC.  3.  Every  such  order  shall  be  in  writing,  signed  by 
the  officer  making  the  same,  and  shall  name  or  describe  the 
person  to  be  arrested  or  detained. 

SEC.  4.  No  military  officer,  detaining  a  person  by  virtue 
of  any  such  order,  shall  be  compelled,  in  answer  to  any 
writ  of  habeas  corpus,  to  appear  in  person,  or  to  return  the 
body  of  the  person  so  detained ;  but  upon  his  certificate, 
under  oath,  that  such  person  is  detained  by  him  under  such 
an  order,  accompanied  with  a  copy  of  the  order,  further 
proceedings  under  the  writ  shall  cease  and  remain  sus 
pended  according  to  the  provisions  of  the  preceding  sections. 

FINANCIAL. 

1865,  March  17 — A  law  was  enacted  "to 
raise  coin  for  the  purpose  of  furnishing  neces 
sary  supplies  to  the  army,"  which  imposes  a 
tax  of  twenty-five  per  cent,  on  coin  in  the 
hands  of  individuals  or  banks  in  excess  of  $200, 
and  authorizing  in  lieu  thereof  a  loan  from  the 
banks,  to  the  extent  of  $2,000,000,  if  made  by 
the  17th  of  April.  A  supplementary  act  com 
muted  this  tax  where  the  owners  of  coin  would 
exchange  it  for  cotton  at  the  rate  of  fifteen 
cents  per  pound.  Before  March  28,  the  State 
of  Virginia  advanced  $300,000  in  coin  for  the 
use  of  the  Commissary  Department,  for  which 
an  order  was  signed  by  the  rebel  Secretary  of 
the  Treasury  for  2,000,000  pounds  of  cotton, 
"  with  the  right  to  export  the  same  free  of  all 
conditions  except  the  payment  of  the  (export) 
duty  of  seventy-five  cents  per  pound."  About 
that  time,  William  W.  Crump,  Assistant  Secre 
tary  of  the  Treasury,  was  sent  to  the  banks  of 
North  and  South  Carolina  and  Georgia,  to 
negotiate  for  their  share  of  the  loan.  These 
facts  are  obtained  from  official  documents  found 
in  Richmond,  and  published  recently  in  the  New 
York  and  other  papers. 

GENERAL  MILITIA  LAW. 

The  general  militia  law  recommended  above 
is  said  to  have  been  passed. 

CHANGE  IN  Mil.   DAVIS'S  CABINET. 

Secretary  of  War — John  C.  Breckinndge  ap 
pointed,  January  6,  1865,  in  place  of  James  A. 
Seddon,  resigned. 


Peace  Movements  in  the  States. 

NORTH    CAROLINA. 

Several  resolutions  on  the  subject  of  peace 
were  offered. 


In  November,  1864,  Mr.  POOL  proposed  these 
n  the  Senate  : 

Resolved,  That  five  commissioners  be  appointed  by  this 
ieneral  Assembly,  to  act  with  Commissioners  from  the 
>ther  St  ates  of  the  Confederacy  as  a  medium  for  negotia 
ting  a  peace  with  the  United  States 

Resolved,  That  each  of  the  other  States  of  the  Con- 
"ederacy  be  requested  to  create  a  similar  commission, 
with  as  little  delay  as  practicabl  e,  and  to  co-operate  with 
Jforth  Carolina  in  requesting  of  President  1  avis,  in  the 
name  of  these  sovereign  States,  that  he  tender  the  United 
States  a  condition  for  negotiating  a  peace  through  the  me 
dium  of  these  commissioners. 

Resolved,  That  the  Governor  make  known  to  eacl.  of  the 
other  States  of  the  Confederacy  this  action  of  the  General 
Assembly  of  North  Carolina,  and  endeavor  to  secure  their 
co-operalion. 

Resolved,  That  whenever  any  five  States  shall  have  re- 
ponded  by  the  appointment  of  commissioners,  the  Governor 
hall  communicate  the  proceeding  officially  to  President 
Davis,  and  request  his  prompt  action  upon  the  proposition. 

In  December,  resolutions  were  introduced 
recommending  the  appointment  of  a  delegation 
from  that  body  to  represent  all  parts  of  the 
State,  to  proceed  to  Washington  to  secure  terms 
of  ueace.  Laid  over. 

The  following  is  the  report  of  a  majority  of 
the  Committee  of  the  North  Carolina  Legisla 
ture,  to  whom  were  referred  a  series  of  resolu 
tions  entitled  "  resolutions  to  initiate  negotia 
tions  for  an  honorable  peace  :" 

The  majority  of  the  "joint  select  committee  of  the  two- 
Houses,"  to  which  were  referred  Senate  resolutions  No.  4,. 
entitled  "resolutions  to  initiate  negotiations  for  an  houor- 
.ble  peace,"  report  the  same  back  to  the  Senate  without 
amendment,  and  recommend  that  they  pass. 

The  majority  of  the  committee  believe  that  while  every 
effort  is  being'made  to  increase  and  strengthen  the  army 
by  the  most  severe  drain  upon  the  people,  for  men  and 
means,  these  extreme  requirements  should  be  accompanied 
by  some  manifestations  of  an  effort  and  desire  to  secure  an. 
honorable  peace  by  all  other  legitimate  measures. 

Commissioners  heretofore  tendered  have  been  refused  by 
the  United  States  upon  the  pretext  that  their  receptioa 
would  imply  a  recognition  of  the  Confederate  Government,, 
as  preliminary,  and  that  in  case  of  a  failure  to  agree  upon 
a  treaty  such  recognition  would  nevertheless  stand.  These- 
resolutions  seek  to  remove  this  objection  by  appointing 
commissioners  on  the  part  of  the  States,  whose  civil  exist 
ence  and  authority  have  never  been  denied;  but,  at  the  same 
time,  to  make  their  tender  and  all  powers  dependent  on  the 
action  and  adoption  of  the  President.  It  is  not  proposed 
that  these  commissioners  derive  any  powers  from  the  States, 
but  only  that  they  be  tendered  by  the  President  for  a  peace 
conference,  he  giving  to  them  such  powers  and  instructious- 
as  he  may  deem  necessary  and  proper. 

JOHN  POOL,  Chairman. 

A.  C.  COWLB. 

D.  F.  CALDWELL. 

1865,  January  11 — In  the  House  of  Com 
mons,  Mr.  SHARPE  introduced  the  following  re 
solutions  : 

Resolved,  That  State  sovereignty  is  the  principle  on  which 
North  Carolina  and  the  other  States  withdrew  from  the 
United  States  Government ;  and,  therefore,  the  States  com 
prising  the  Southern  Confederacy  are  sovereigns,  and  that 
the  Confederate  Government  is  only  the  agent  of  the  States, 
and  subject  to  their  control. 

Resolved,  further,  That  the  States  in  their  sovereign  ca 
pacity  have  the  right  to  take  up  the  question  of  peace  or 
war,  and  settle  it  without  consultation  with  the  President 
of  the  Southern  Confederacy  or  of  the  so-called  Uiiited 
States. 

On  motion  of  Mr.  CRAWFORD,  of  Rowan,  these- 
resolutions  were  laid  on  the  table — ayes  52, 
nays  50. 

January  19 — In  the  House  of  Commons,  Mr. 
HANES  submitted  a  preamble  and  resolution  on 
the  subject  of  a  general  convention  of  the  Con 
federate  States,  the  former  attributing  oppres 
sive  and  unconstitutional  laws,  which  have  been 
passed  from  time  to  time,  to  irresponsible  rep 
resentatives  from  States  which  have  no  constit- 


620 


APPENDIX. 


uents  upon  whom  the  laws  passed  by  them  can 
operate  ;  the  latter  reading  as  follows  : 

Resolved,  That  the  joint  select  Committee  on  Confederate 
Relations  be  instructed  to  frame  and  bring  in  a  bill  forth 
with,  calling  a  convention  of  the  people  of  this  State,  or 
submitting  the  question  to  them,  so  as  to  enable  them  to 
assemble  in  convention  should  a  majority  of  them  desire  to 
<lo  so,  for  the  purpose  of  so  amending  the  Constitution  as 
to  provide  that  hereafter  the  representatives  of  any  State 
or  States  whose  territory  is  in  the  hands  of  the  enemy,  so 
that  the  Confederate  laws  cannot  be  enforced  therein,  shall 
not,  during  the  continuance  of  such  occupation  by  the  en 
emy,  be  permitted  to  vote  upon  any  question  of  legislation, 
but  shall  have  only  such  rights  as  are  allowed  to  delegates 
in  the  territories  of  the  Confederate  States,  and  of  consid 
ering  such  other  amendments  as  said  three  States  shall  con 
cur  on  suggestion. 

Resolved,  further,  That  State  sovereignty  being  the  prin 
ciple  on  which  North  Carolina  and  other  States  withdrew 
from  the  Federal  Union,  the  States  comprising  the  Southern 
Confederacy  are  sovereigns,  and  the  Confederate  Govern 
ment  is  only  their  agent  and  subject  to  their  control,  and 
the  States  in  their  sovereign  capacity  in  general  conven 
tion  assembled  have  a  right  to  negotiate  peace  with  the 
Government  of  the  United  States  without  consultation 
with  the  President  of  the  Confederate  States. 

Mr.  HANES  followed  in  a  long  argument  in 
support  of  his  resolutions,  at  the  close  of  which, 
on  motion  of  Mr.  PERSON,  they  were  laid  upon 
the  table— yeas  58,  nays  3D. 

Mr.  SMITH,  of  Johnston,  introduced  a  bill  to 
call  a  convention  of  the  people,  which  passed 
its  first  reading  and  was  referred  to  the  Judi 
ciary  Committee.  It  declares  that  the  present 
condition  of  the  country  demands  that  the  sov 
ereign  people  of  this  State  should  assemble  in 
convention  to  effect,  if  possible,  an  honorable 
termination  of  the  present  war,  and  provides 
that  an  election  shall  be  held  on  the  13th  of 
February,  1865,  the  vote  to  be  "  convention," 
or  "  no  convention;"  that  if  the  majority  of  the 
votes  cast  be  for  the  convention,  such  conven 
tion  shall  be  held  in  the  city  of  Raleigh  on  the 
second  Monday  of  March,  and  consist  of  one 
hundred  and  twenty  delegates. 

VIRGINIA. 

[From,  the  Richmond  Examiner,  Jan.  13.] 

1865,  January  12 — In  the  House  of  Delegates,  Mr.  MILLER 
introduced  along  series  of  peace  resolutions  for  the  ap 
pointment  of  five  commissioners,  and  to  declare  for  an 
armistice,  a  national  convention,  and  an  honorable  peace 
through  State  action.  The  following  debate  took  place: 

Mr.  TOMLIN  moved  to  indefinitely  postpone. 

Mr.  MILLER.  I  would  ask  the  yeas  and  nays  on  that  mo 
tion.  I  hope  the  House  will  come  to  the  record  on  this 
question.  I  do  not  commit  the  House  in  this  proposition 
to  the  policy  of  reconstruction,  to  which  I  am  opposed,  as 
is  to  be  seen  by  the  resolutions.  The  question  is  an  im 
portant  one,  and  its  discussion  now  was  not  contemplated. 
I  think  it  would  be  more  appropriate  to  consider  it  in 
secret  session. 

Mr.  PKNDLETON.  I  hope  the  gentleman  from  King  William 
[Mr.  Tomlin]  will  modify  his  motion  to  the  simple  proposi 
tion  to  lay  the  preamble  and  resolution  on  the  table.  There 
are  some  things  in  the  resolutions  I  am  not  prepared  to 
vote  against;  such,  for  instance,  as  that  which  proposes  to 
mitigate  the  horrors  of  war.  But,  at  the  same  time,  I 
denounce  the  cardinal  objects  of  the  resolutions  as  foreign 
to  the  honor,  welfare,  and  dignity  of  Virginia,  putting,  as 
it  does,  the  8! ate  in  a  revolutionary  position,  severing  her 
connection  fiom  that  of  the  Confederate  States.  The  pro 
position  is,  in  fact,  that  she  secedes. 

Mr.  MILLER.  The  gentleman  is  mistaken  as  to  any  such 
proposition  being  in  them. 

Mr.  PENDLETON.  I  would  be  glad,  then,  if  the  gentleman 
will  state  their  meaning.  To  my  mind  they  are  firebrands, 
thrown  into  our  midst  ut  one  of  the;  closest  and  most  crit 
ical  periods  of  the  war^and  I  denounce  them  as  unworthy 
of  Virginia;  yet  I  prefer  that  they  bo  laid  upon  the  table, 
in  order  to  see  what  in  them  is  good  and  what  evil,  and  to 
see  if  the  good  may  not  be  put  to  some  account,  and  the 
bad,  which  forms  the  spirit  of  them,  and  for  which  I  de 
nounce  them,  eliminated. 

Mr.  MILLER.  Upon  conference  with  gentlemen   not  en 


tirely  opposed  to  the  resolutions,  I  will  consent  to  withdraw 
them. 

[Numerous  objections  to  permit  their  withdrawal  were 
made,  and  the  expression  "  dihpose  of  them  at  once  and 
forever"  was  repeated  in  various  parts  of  th«»  House.] 

Mr.  ANDERSON.  If  this  was  tho  first  movement  of  the 
kind  which  that  gentleman  [Mr.  .Miller]  has  made  in  this 
House,  I  would  consent  to  let  him  withdraw  his  resolu 
tions.  But  a  year  ago  he  threw  a  similar  firebrand  into 
this  House;  and  when  tho  motion  was  made  to  dispose  ot 
it,  as  is  proposed  to  dispose  of  this,  even  the  gentleman 
himself  [Mr.  Miller]  did  not  have  the  hardihood  to  vote 
•egainst  its  indefinite  postponement.  His  name  cannot  be 
found,  sir,  on  record  against  the  postponement  of  his  own 
proposition.  What  is  his  object  now,  after  his  first  effort 
met  with  such  a  signal  repulse  that  he  himself  shrank  from 
resistance?  These  resolutions  are  similar  and  responsive 
to  propositions  which  have  been  made  in  other  States  by  the 
party  which,  under  the  cloak  of  peace,  are  attempting  to  de 
stroy  the  Confederacy.  Every  man  who,  under  the  cloak  ot 
peace,  comes  forward  with  propositions  of  that  kind,  must 
be  viewed  as  prepared  to  submit.  Yes,  sir,  submit.  For  there 
can  be  no  other  terms.  The  Secretary  of  State  of  the  United 
States  has  said  that  the  South  can  only  have  peace  by  laying 
down  its  arms ;  and  as  to  this  favorite  proposition  of  State 
conventions,  he,  the  United  States  Secretury,  has  said,  we 
cannot  open  communications  with  you,  because  we  would 
sacrifice  our  position  in  regard  to  your  doctrine  of  the  su 
periority  of  State  sovereignty  over  the  Constitution  of  the 
United  States.  It  is  important  to  act  promptly  in  this  mat 
ter,  and  to  give  no  countenance  to  this  mischievous,  and,  I 
believe,  treasonable  party. 

The  yeas  and  nays  being  called,  the  motion  to  indefinitely 
postpone  was  adopted.  Yeas,  101 ;  nays,  2 — Messrs.  Miller 
of  Lee,  and  Smith  of  Russell. 

January  20 — In  the  House  of  Delegates  Mr. 
DOUGLAS  offered  the  following  joint  resolu 
tions  : 

Resolved  by  the  Senate  and  House  of  Delegates  of  Vir 
ginia  in  General  Assembly  convened,  That  the  State  of  Vir 
ginia,  having  entered  into  the  present  contest  with  the 
United  States,  and  made  common  cause  with  the  confeder 
ates  to  uphold  and  defend  their  [rights  and  liberties  from 
a  common  danger,  is  ready  and  anxious  for  the  return  of 
peace  whenever  the  same  can  be  obtained  on  terms  honor 
able  and  just  alike  to  herself  and  them,  and  in  a  manner 
calculated  to  secure  for  all  time  the  precious  objects  for 
which  we  are  contending. 

Resolved,  That  the  Legislature,  representing  the  senti 
ment  of  Virginia,  desires  the  constitutional  department  of 
the  confederate  government  to  avail  itself  of  every  favora 
ble  indication  to  negotiate  for  terms  of  peace  ;  yet  we  sol 
emnly  deprecate  any  irregular  action  in  the  premises, 
either  in  the  shape  of  a  congressional  commission,  or  other 
way,  as  revolutionary  and  dangerous  in  character,  viola- 
tive  of  the  faith  mutually  pledged  by  the  States  to  each 
other  in  the  adoption  of  the  confederate  constitution,  by 
distracting  and  dividing  the  minds  of  the  people,  to  weaken 
our  power  of  resistance,  disintegrate  these  States,  and 
place  the  people  of  this  State  especially  at  the  mercy  of  the 
common  enemy. 

Mr.  MARSHALL  moved  that  the  rules  be  suspended  in  or 
der  that  the  resolutions  might  be  placed  on  the  secret  cal 
endar.  He  thought  the  resolutions  should  be  considered 
in  secret  session.  In  reference  to  these  resolutions  he  had 
something  to  say  which  he  would  not  like  to  say  in  open 
session. 

Mr.  DOUGLAS  opposed  the  motion  to  place  the  resolutions 
on  the  secret  calendar.  Such  a  disposition  of  them  would 
defeat  the  object  which  he  had  in  view.  He  wished  to  see 
the  re.solutions  adopted,  and  go  forth  as  the  views  of  this 
Legislature.  lie  desired  to  put  his  heel  on  every  irregular 
attempt  to  negotiate  terms  ot  peace  either  in  the  shape  of 
a  congressional  commission,  by  separate  State  action,  or 
otherwise.  Such  schemes,  in  his  estimation,  would  lead  to 
a  disintegration  of  States  and  the  overthrow  of  the  govern 
ment  which  the  people  have  instituted. 

Mr.  ARMSTRONG  thought  it  best  that  the  resolutions 
should  be  considered  in  secret  session. 

Mr.  COLLIER  was  in  favor  of  discussing  the  resolutions  in 
open  session.  He  wanted  the  people  to  know  what  their 
n  jircscntatives  were  doing,  and  what  were  our  opinions. 

The  motion  to  suspend  the  rule  with  a  view  of  transfer 
ring  the  resolutions  to  the  secret  calendar  was  disagreed  to, 
and  it  was  laid  aside. 

January  26 — In  the  House  of  Delegates, 

Mr.  SMITH,  of  Russell,  sent  to  the  clerk's  desk  and  caused 
to  be  read  a  series  of  resolutions  deploring  the  war  and 
looking  to  the  attainment  of  peace  by  the  arbitrament  of 
diplomacy  and  negotiation,  the  sword  having  failed.  Tho 


APPENDIX. 


621 


resolutions,  after  much  discussion,  were  indefinitely  post 
poned. 

March  9 — In  the  House  of  Delegates,  the  fol 
lowing  debate  occurred  on  the  proposition  for 
a  State  Convention  : 

On  motion  to  suspend  the  rules  for  the  reconsideration  of 
the  vote  by  which  the  bill  conferring  conventional  power 
upon  the  General  Assembly  was  lost,  Mr.  HUNTER,  of  Berke 
ley,  obtained  the  floor  in  opposition  to  the  proposition  to 
reconsider  the  vote. 

The  discussion  already  had  upon  the  subject  had  had,  he 
thought,  dangerous  and  pernicious  effects,  lie  hoped  the 
vote  would  not  be  reconsidered ;  that  the  bill  would  be  left 
to  sleep  the  sleep  of  death.  Mr.  BUFORD,  of  Pittsylvania, 
hoped  the  House  would  arraign  itself  upon  the  question 
fair  and  square  without  prejudice;  he  thought  no  harm 
could  come  of  a  Convention.  The  time  might  come  when 
legislators  would  not  find  themselves  behind  the  people  in 
this  matter.  He  was  willing  to  trust  the  people  and  the 
people  should  be  willing  to  trust  their  legislators.  Mr. 
SHEFFEY,  (Speaker,)  with  Mr.  Kelley  in  the  Chair,  spoke  in 
opposition  to  the  motion  to  reconsider  the  vote  by  which 
the  bill  to  clothe  the  Constitutional  Assembly  with  consti 
tutional  powers  was  lost.  If  two  evils  were  proposed,  he 
would  choose  the  least— the  straight-out  Convention.  He 
did  not  understand  that  there  was  tp  be  any  difference  in 
powers  to  be  conferred  upon  either  body.  True,  the  legis 
lature  could  not  touch  the  bill  of  rights  nor  unite  the  pow 
ers  of  legislature,  executive  and  judicial.  If  anything  was 
contemplated  by  a  convention,  it  was  looking  to  the  sever 
ance  of  Virginia's  connection  with  the  Confederacy  and 
opening  of  new  and  separate  negotiations  with  the  treaty- 
making  power  of  the  North.  Once  open  this  flood-gate  and 
you  will  let  loose  a  current  that  will  sweep  with  desolation 
the  last  hope  of  freedom  from  this  continent.  Had  w.e  not 
rather  bear  those  ills  we  have  than  fly  to  others  that  we 
know  not  of?  How  long  will  it  be  after  this  convention  is 
called  before  a  cry  will  go  forth  and  reconstruction  or  no 
reconstruction  become  the  watchword  of  these  dangerous 
times  ?  No  harm  to  trust  the  people,  as  gentlemen  say, 
but  it  is  a  terrible  harm  for  Virginia  to  lead  off  in  the  ex 
pression  of  distrust  for  the  general  government.  People 
will  say,  if  the  army  will  say  it,  that  Virginia  is  preparing 
to  cast  loose  from  the  body  of  her  Confederate  Union.  Our 
enemy  will  say  that  Virginia  is  preparing  to  leave  the 
sinking  ship  and  to  take  to  her  jolly-boat.  The  speaker 
never  would  with  his  voice  advocate  a  call  for  a  convention, 
legislative  or  straight-out.  If  other  States  fly  madly  from 
their  sphere  like  erratic  rockets  to  blaze  a  while,  and  then 
die  out  in  eternal  night  forever,  let  them  fly;  but  let  Vir 
ginia  be  one  of  those  calm,  fixed  stars,  veiled  sometimes  in 
cloud  and  tempos^  but  indestructible  as  the  firmament 
from  which  it  shines.  Virginia  must  never  perish  thus. 

Mr.  STAPLES,  of  Patrick,  interrupting  the  Speaker,  ap 
pealed  to  the  House.  He  had  never  said  that  a  convention 
was  to  prepare  Virginia  for  the  dissolution  of  her  copart 
nership  in  the  Confederate  Union. 

Mr.  SIIEFFEY,  continuing,  said  it  was  now  too  late  to  do 
this  thing.  The  ship  of  State  is  upon  the  rapids,  and  if  the 
helmsman  cannot  guide  the  ship  she  must  be  dashed  to 
pieces.  It  was  no  time  now  to  change  front ;  no  time  to 
seek  a  hiding-placo  from  the  tempest  of  war.  If  we  are 
to  sink,  let  us  sink  where  we  stand,  and  go  down  writh 
our  ship  with  one  triumphant  shout  of  defiance,  with  the 
flag  of  Virginia — "  Sic  Semper  Tyrannis  " — floating  over 
T». 

Mr.  BURWELL,  of  Bedford,  was  going  to  stick  to  the  ship 
till  she  struck  or  run  ashore;  then  he  would  build  a  raft 
of  the  fragments  and  see  what  could  be  done.  He  favored 
a  convention,  vested  in  the  Legislature. 

Mr.  ROBERTSON,  of  Richmond,  said  that  only  when  our 
armies  were  overthrown,  the  Confederacy  torn  limb  from 
limb  and  State  from  State,  would  ho  give  his  vote  or  con 
sent  to  go  into  convention.  Even  up  to  to  the  last  extremi- 
ity,  the  honor  and  integrity  of  Virginia  demanded  that  she 
should  stand  firm.  If  legislators  be  of  the  opinion  that  a 
convention  is  demanded,  they  should  withdraw  themselves 
from  the  possible  imputation  of  being  candidates  for  its 
membership. 

Mr.  STAPLES  obtained  the  floor,  when  Mr.  BOULDIN  called 
for  the  order  of  the  day.  The  consideration  of  the  tax  bill 
and  the  question  under  debate  was  postponed,  and  a 
resolution  from  the  Senate  extending  the  session  twenty- 
two  days  from  Tuesday  next  taken  up. 

ALABAMA. 

November,  1864 — This  preamble  and  resolu 
tion  were  submitted  by  Mr.  PARSONS  and  de 
bated  : 

Whereas  ABRAHAM  LINCOLN,  as  President  of  the  United 
States,  and  commander-in-chief  of  the  army  and  navy 


thereof,  and  the  friends  and  supporters  of  his  administra 
tion,  have  declared  that  negotiations  for  peace  cannot  be 
entertained  except  on  a  basis  of  restoration  of  the  Union  in 
its  territorial  integrity  and  the  abolition  of  slavery,  and 
that  the  existing  war  must  be  prosecuted  until  the  men  of 
these  Confederate  States  are  compelled  to  submit  to  these 
terms  or  are  subjugated,  and,  if  necessary  to  secure  this 
end,  exterminated,  their  lands  confiscated,  and  their  women 
and  children  driven  forth  as  wanderers  on  the  face  of  the 
earth : 

And  whereas  the  re-election  of  ABRAHAM  LINCOLN  to  the 
office  of  President  of  the  United  States  is  advocated  by 
many,  if  not  all  of  his  supporters  upon  these  grounds,  and 
that  there  is  no  other  way  to  terminate  the  war,  insisting 
that  there  is  no  disposition  on  the  part  of  the  people  of 
these  States  to  enter  into  negotiations  for  peace,  except  on 
the  distinct  admission  of  the  separate  independence  of 
these  States  as  a  basis  : 

And  whereas,  at  a  recent  Convention  held  in  the  city  of 
Chicago,  a  num«rous  and  powerful  party  has  declared  its 
willingness,  if  successful,  to  stop  fighting  and  open  nego 
tiations  with  us  on  the  basis  of  the  Federal  Constitution  as 
it  is,  and  the  restoration  of  the  Union  under  it :  now, 
therefore — 

Be  it  resolved  by  the  Senate  and  House  of  Representatives 
of  the  State  of  Alabama  in  General  Assembly  convened,  That 
we  sincerely  desire  peace.  If  the  aforesaid  party  is  suc 
cessful,  we  are  willing  and  ready  to  open  negotiations  for 
peace  on  the  basis  indicated  in  the  platform  adopted  by 
said  Convention — our  sister  States  of  this  Confederacy  being 
willing  thereto. 

For  further  action,  see  page  456. 

GEORGIA. 

In  November,  1864,  these  resolutions  were 
offered  by  Mr.  LINTON  STEPHENS  : 

The  General  Assembly  of  the  State  of  Georgia  do  resolve 
that  the  independence  of  the  Southern  Confederate  States 
of  America,  based  upon  the  constitutional  compact  between 
the  sovereign  States  composing  the  Confederacy,  and  main- 
taiaed  through  nearly  four  years  of  gigantic  war,  justlj 
claims  from  the  world  its  recognition  as  a  rightful  fact. 

2.  That  all  the  States  which  composed  the  'ate  American 
Union,  as  well  those  embraced  within  the  present  United 
States  as  those  embraced  within  the  Southern  Confederacy, 
are  what  the  original  thirteen  States  were  declared  to  be 
by  our  fathers  of  1776,  and  acknowledged  to  be  by  Georgei 
the    Third  of   England — independent  and  sovereign;  no! 
as  one  political  community,  but  as  States,  each  one  of  them 
constituting  such  a  "people"  as  have  the  inalienable  right 
to  terminate  any  Government  of  their  former  choice,  by 
withdrawing  from  it   their  consent,  just  as    the  original 
thirteen  States,  through  their  common  agent,  acting  for 
and  in  the  name  of  each  one  of  them,  by  the  withdrawal 
of  their  consent,  put  a  rightful  termination  to  the  British 
Government,  which  has  been  established  over  them  with 
their  consent. 

3.  That  the  sovereignty  of  the  individual  States  is  tire 
only  basis  of  permanent  peace  on  the  American  continent, 
and  will,  if  the  voice  of  passion  and  war  can  once  be 
hushed,  and  reason  allowed  to  resume  her  sway,  lead  us  to 
an  easy  and  lasting  solution  of  all  the  matters  of  contro 
versy  involved  in  the  present  lamentable  war,  by  simply 
leaving  all  t.ie  States  free  to  form  their  political  associa 
tions  with  one  another,  not  by  force  of  arms,  which  ex 
cludes  the  idea  of  "  consent,"  but  by  a  rational  considera 
tion  of   their  respective  interests   growing  out  of  their 
natural  considerations. 

4.  That  as  the  very  point  of  controversy  in  the  present 
war  is  the  settlement  of  the  political  association   of  the 
States,  no  treaty  of  peace  can  be  perfected  consistently 
with  the  sovereignty  of  the  individual  States,  without  State 
action  on  the  part  of  at  least  those  States  whose  preference 
may  justly  be  regarded  as  doubtful,  and  have  not  yet  been 
expressed  through  the  appropriate  organs ;  and  therefore 
opposition  to  till  State  co-operation  in  perfecting  a  peace 
cannot  be  consistent  with  a  desire  for  its  establishment  on 
a  basis  of  the  sovereignty  of  the  States. 

5.  That  we  hail   with  gratification  the  just  and  sound 
sentiment  coming  from  a  large  and  growing  party  in  the 
North,  that  all  associations  of  these  American  States  must 
bo  voluntary,  and  not  forcible,  and  we  give  a  hearty  re 
sponse  to  their  proposition  to  suspend  the  conflict  of  arms, 
and  hold  a  convention  of  States  to  inaugurate  a  plan  for 
permanent  peace. 

6.  That   the  appropriate  action  of  such  a  convention 
would  be  not  to  perform  any  agreement  or  compact  between 
States,  but  only  to  frame  and  propose  a  plan  of  peace ;  and 
the  assembling  of  such  a  convention,  for  such  a  purpose, 
would  be  relieved  from  all  possible  constitutional  objection 
by  the  consent  of  the  two  Governments ;  and  with   such 
consent,  the  proposed  Convention  would  but  act  as  co»- 


622  APPENDIX. 


missioners  for  the  negotiation  of  peace,  subject  to  the  rati 
fication  of  both  Governments,  and  in  all  points  involving 
the  sovereignty  or  integrity  of  the  States,  subject  also  to 
the-  ratification  of  the  particular  States  whose  sovereignty 
might  lie  so  involved. 


all  suitable  occasions,  and  especially  just  after  signal  m<* 
cesses  of  our  arms,  official,  opwi,  and  unequivocal  "offers  10 
treat  for  p«ace,  through  the  medium  of  a  convention  of 
States,  leaving  our  adversary  to  accept  our  offers,  or  by 
rejecting  them,  to  prove  to  his  own  people  that  he  is  w;i-in'_- 


".  That  wo  respectfully,  but  most  earnestly,  urge  upon  |  this  unnatural  war,  not  for  peace  nor  the  good  of  his  coun- 
jur  own  Government  the  propriety  and  wisdom  of  not  only  ]  try,  but  for  purposes  of  the  most  unholy  and  dangerous 
expressing  a  desire  for  peace,  through  the  Presidential     ambition. 
aiessages  and  Congressional  manifestoes,  but  of  making,  on  ,      On  motion,  two  hundred  copies  were  ordered  to  be  print*** 


NOTE  TO  THE  THIRD   EDITION. 

Hon.  ALEX.  H.  STEPHENS  having  publicly,  as  well  as  to  me  personally,  de 
nied  the  authenticity  of  the  report  of  the  Speech  made  by  him  in  the  Secession 
State  Convention  of  Georgia,  in  January,  1861,  as  printed  on  pages  25  and  26 
of  this  volume,  and  having  published  in  his  "  War  Between  the  States,"  vol. 
2,  p.  305,  a  correct  report  of  his  remarks,  I  desire  to  state  that,  after  full  inves 
tigation,  I  am  convinced  that  the  pretended  report  given  on  pages  25  and  26 
is  spurious.  I  have  searched,  in  every  direction,  to  ascertain  its  authorship, 
but  in  vain.  It  had  general  circulation  in  1864  in  the  North,  and  was 
universally  believed  to  be  authentic.  In  this  belief  I  inserted  it,  and  it  has 
gone  into  many  publications,  official  and  other.  Nevertheless,  it  was  a 
cunningly-devised  fraud  which,  as  I  was  deceived  by  it,  requires  from  me 
this  explanation. 

EDWARD  MCPHERSOW. 

GETTYSBURG,  PA.,  March  3,  1876. 


RESULT  OF  THE  PRESIDENTIAL  ELECTION  OF  1864. 


[This  table  includes  the  Home  Vote  and  the  Army  Vote.] 


8TATI8. 

ELECTORAL 
VOTE. 

POPULAR  VOTE. 

TOTALS. 

3 

McClellan. 

Lincoln. 

McClellaji. 

Maine  

7 
5 
12 
4 

72,278 
36,595 
126,742 
14,343 
44,693 
42,422 
368,726 
60,723 
296,089 
8,155 
40,153 

27,786 
265,154 

150,422 

189,487 

72,991 
85,352 

87,331 
79,564 
25,060 
62,134 
9,888 
14.228 
23,223 
9,826 

47,736 
33,034 
48,745 
8,718 
42,288 
13,325 
361,986 
68,014 
276,308 
8,767 
32,739 

64,301 

205,568 

130,233 
158,349 

31,026 
67,370 

49,260 
63,875 
17,375 
43,841 
8,457 
3,871 
10.457 
6^94 

120,014 
69,629 
175,487 
23,061 
86,981 
55,747 
730,712 
128,737 
572,697 
16.922 
72,892 

92,087 
470,722 

280,655 
347,836 

104,017 
152,722 

136,591 
143,439 
42,435 
105,975 
18,345 
18,099 
33,680 
16,420 



Massachusetts  

Rhode  Island. 

Connecticut  

6 
5 
33 



Vermont  

New  York 

7  

New  Jersey  

Pennsylvania 

26 

Delaware  

3 

Maryland 

Virginia  

11 

North  Carolina 

South  Carolina  

iieorgia  

Kentucky  

Tennessee  

21 

13 
16 

11 

8 

8 
8 
4 

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  

Alabama  

Missouri  

Arkansas  

Michigan  

Florida  

Texas  

Iowa  

Wisconsin*  

Minnesota  

California  

5 
3 
3 

5 
2 

Oregon  

Kansas  

West  Virginia  

Nevada}  

212 

21 

2,213,665 

1,802,237 

4,015,902 

ARMY  VOTE  FOR  PRESIDENT,  1864. 


STATES. 

Lincoln. 

McClellan. 

Totals. 

Maine  ,. 

4174 

741 

4915 

Now  Hampshire  

2  066 

690 

o  756 

Vermont:}:  

243 

49 

292 

Pennsylvania  

26712 

12349 

39  061 

Mar  viand  

2  800 

321 

3  121 

Kentucky?  

1  194 

2  823 

4  017 

Ohio  

41  146 

g'757 

Michigan  

9402 

2959 

12  "561 

Iowa  

15  178 

1  364 

Wisconsin  

11  372 

2458 

13  830 

California  

2  600 

Minnesota  ||  

Kansas  1[  

116,887 

33,748 

150,635 

*In  Wisconsin,  3,163  votes  for  Lincoln,  and  1,729  votes  for  McClollan  electors  were  rejected  for  informality  and  418 
scattering  votes  were  cast,  so  that  the  total  vote  should  have  been  148,749. 

fThis  State  was  entitled  to  three  electors,  but  one  dying  before  the  canvass  was  concluded,  but  two  votes  were 
cfttst  in  the  Electoral  College. 

t  In  Vermont,  a  large  army  vote  was  returned  too  late  to  be  counted. 

§  In  the  camps  of  Kentucky  soldiers  within  that  State,  the  army  vote  was  included  in  the  general  canvass 

|!  No  army  vote  was  received  until  too  late  for  the  canvass. 

f  The  Kansas  soldiers'  vote  was  2,867  for  Lincoln  and  543  for  McClellan;  not  canvassed  ou  account  of  beine  received 
too 'late. 

&o-  President  LINCOLN'S  estimate,  page  558,  was  but  129  less  than  the  exact  result  I 
623 


INDEX. 


OP  THE   " 

TNIVERSIT7 


ADAMS,  CHARLES  FRANCIS,  Representative  in  Thirty-Sixth 
Congress,  48 :  member  of  Committee  of  Thirty-three, 
53;  report  of,  57;  Secretary  Seward's  letter  to,  on 
Trent  affair,  338;  to  Lord  Wharncliffe,  460. 

ADAMS,  GREEN,  Representative  in  Thirty-Sixth  Congress,  49. 

ADAMS,  JAMES  H.,  Commissioner  to  Washington,  2  ;  corres 
pondence  with  President  Buchanan,  29-32 ;  vote  on  se 
cession  ordinance,  398. 

ADAMS,  WIRT,  Commissioner  from  Mississippi  to  Louisiana, 
11 ;  received  by  Convention,  3. 

ADDRESS,  of  South  Carolina  Convention  to  Slaveholding 
States,  12 ;  of  loyal  Governors  in  favor  of  Emancipa 
tion,  233 ;  of  disloyal  Governors,  429,  430. 

ADJUSTMENT  PROPOSITIONS  IN  THIRTY-SIXTH  CONGRESS— In 
HOUSE:  by  Messrs.  Thayer,  John  Cochrane,  Haskin, 
Mallory,  Stevenson.  English,  Kilgore,  Holman,  Nib- 
lack,  McCleruand,  Noell,  Hindman,  Larrabee,  Ander 
son  of  Missouri,  Smith  of  Virginia,  Sickles,  Dunn, 
Adrain,  Morris  of  Pennsylvania,  Stewart  of  Maryland, 
Leake,  Jenkins,  Cox,  Hutchins,  Sherman,  Etheridge, 
Davis  of  Indiana,  Florence,  Fenton,  Kellogg  of  Illinois, 
and  Vallandigham,  53-57;  report  of  Committee  of  Thir 
ty-three  and  votes  upon,  57-02;  on  Constitutional  Con 
vention,  62-64;  on  Mr.  Kellogg's,  63;  on  Mr.  Clem- 
ens's,  63.  In  SENATE:  Mr.  Pugh's.  63;  Mr.  Doolittle's, 
64;  Mr.  Bingham's,  64;  Mr.  Grimes's,64;  Mr.  Powell's 
amendment  to  Mr.  Crittenden's  proposition,  65;  Mr. 
Clark's,  60;  reconsideration  and  rejection  of,  66;  final 
defeat  of  the  Crittenden  proposition,  66  ;  remarks  of 
Senators  Johnson  and  Latham  thereon,  60,  67.  The 
PEACE  CONFERENCE,  members,  officers,  proceedings,  and 
proposition  of,  and  votes  on,  68,  69.  Senate  Committee 
of  Thirteen,  and  votes  therein,  70-72;  propositions  of 
Senators  Joseph  Lane  and  Andrew  Johnson,  Repre 
sentatives  Barrett,  Pryor,  Colfax,  Vallandigham,  and 
Morris  of  Illinois,  and  Border-State  meeting,  73;  of 
New  York  Representatives,  Alex.  H.  H.  Stuart,  ^Va- 
tional  Intelligencer,  Albany  Evening  Journal,  and  Jo 
seph  W.  Taylor,  74;  New  York  Sun,  Baltimore  Ex 
change,  "A  Distinguished  Carolinian,"  and  a  corres 
pondent  of  the  National  Intelligencer,  75 ;  Senator  Hun 
ter,  86-88;  and  President  Buchanan,  50. 

ADJUSTMENT,  Mr.  Lincoln's  reported  opinion  on,  67. 

ADMINISTRATION  OF  ABRAHAM  LINCOLN,  105-194,  555-610. 

ADRAIN,  GARNETT  K.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  proposition  of  adjustment,  54;  resolutions 
on  unconstitutional  State  laws,  and  approving  Major 
Anderson's  course,  75,  76. 

Advertiser,  Mobile,  comments  on  Floyd's  transfer  of  United 
States  arms  South,  in  18o9-'60,  35. 

AFRICAN  SLAVE  TRADE,  propositions  respecting,  52-72; 
treaty  for  the  suppression  of,  150 ;  modification  of,  151 ; 
bill  to  carry  out  the,  151 :  bill  of  rebel  Congress  con 
cerning,  151;  veto  of  President  Davis,  151;  inter 
cepted  "  Confederate  "  despatch  upon,  151, 152. 

ACJNEW,  DANIEL,  Justice  Supreme  Court  of  Pennsylvania, 
decision  on  enrollment  act,  274;  on  "legal  tenders," 
455. 

AIKEN,  WARREN,  Speaker  of  Georgia  Rebel  House  of  Repre 
sentatives,  329;  Representative  in  Second  Congress, 
402. 

ALABAMA,  vote  for  President  in  1860, 1 ;  Members  of  Thirty- 
Sixth  Congress,  48,  49  ;  Deputies  in  Rebel  Provisional 
Congress,  11,  400;  Members  of  First  Congress,  401; 
Second,  402;  secession  movement  in  Convention  and 
Legislature,  4;  ratified  Confederate  Constitution,  4 ; 
Inter-State  Commissioners,  11;  makes  a  loan  to  the  ! 
Provisional  Government,  12;  seizures  and  surrenders, 
40 


27  ;  commissioners  sent  from,  to  treat  with  United 
States  Government,  34;  purchase  of  Government  arms 
by,  in  1860,  35;  resolutions  of  Legislature,  on  military 
employment  of  slaves,  282;  on  peace,  456,  621;  soldiers 
in  the  army,  399 ;  reconstruction  meeting  in  Huntsville, 
112. 

Albany  Evening  Journal,  adjustment  proposition  of,  74. 

ALDRICH,  CRTUS,  Representative  in  Thirty-Sixth  Congress. 
49;  Thirty-Seventh,  122. 

ALEXANDER,  WILLIAM  C.,  Member  of  Peace  Conference,  67. 

ALEXANDRIA,  Virginia,  opening  of  port  of,  to  trade,  149. 

ALIENS,  President's  proclamation  relative  to,  272 ;  legisla 
tion  respecting,  115. 

ALLEGED  FOREIGN  ENLISTMENTS,  343-345. 

ALLEGIANCE,  OATH  OF,  bill  requiring  from  lawyers,  602; 
new  rule  of  the  Senate  respecting,  note,  603. 

ALLEN,  CHARLES,  Member  of  Peace  Conference,  67. 

ALLEN,  HENRY  W.,  Rebel  Governor  of  Louisiana  on  recon 
struction,  331 ;  despatch  on  colored  soldiers,  note,  428. 

ALLEN,  JAMES  C.,  Representative  in  Thirty-Eighth  Congress, 
140. 

ALLEN,  WILLIAM,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  resolutions  on  the  objects  of 
the  war,  285,  287. 

ALLEN,  WILLIAM  J.,  Representative  in  Thirty-Seventh  Con 
gress,  123:  Thirty-Eighth,  140. 

ALLEY,  JOHN  B.,  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140. 

ALLISON.  JOSEPH,  Judge,  opinion  on  Legal  Tender  Act,  455. 

ALLISON^  WILLIAM  B.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

ALRICKS,  HAMILTON,  proposed  resolution  at  Democratic 
National  Convention,  418. 

ALVORD,  HENRY  E.,  Lieutenant,  captured  Moseby's  military 
papers,  119. 

AMERICA,  Central  and  South,  monarchical  intrigues  in,  343. 

American,  Baltimore,  on  arrests,  153 ;  statement  in,  respect 
ing  Church  Difficulties,  531-533. 

AMERICAN  BOARD  OF  FOREIGN  MISSIONS,  resolution  of,  in  18€4, 
on  Slavery  and  the  State  of  the  Country,  507. 

AMES,  JAMES  T.,  purchase  of  Government  arms  in  1860,  35. 

AMES,  OAKES,  Representative  in  Thirty-Eighth  Congress, 

AMES,  SAMUEL,  Member  of  Peace  Conference,  67. 

AMNESTY,  President's  argument  upon.  146;  procramarions 
of,  147, 148 ;  accompanying  circular  of  Attorney  Gen 
eral,  148. 

ANCONA,  SYDENHAM  E.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  140;  resolution  on  en 
rollment,  270. 

ANDERSON,  CLIFFORD,  Representative  in  Second  Rebel  Con 
gress,  402. 

ANDERSON,  FULTON,  Commissioner  from  Mississippi  to  Vir 
ginia,  11 ;  received  by  Virginia,  6. 

ANDERSON,  JOSIAII  M.,  Member  of  Peace  Conference.  68. 

ANDERSON,  J.  PATTON,  Deputy  in  Rebel  Provisional  Congress, 
11,  400;  resigned,  400 ;  vote  on  secession  ordinance,  399. 

ANDERSON,  LUCIEN,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

ANDERSON,  ROBERT.  Major,  Floyd's  instructions  to,  31 ;  cor 
respondence  before  firing  upon  Sumter,  113,  114;  re 
port  of,  114 ;  resolution  approving  course  of,  76. 

ANDERSON,  S.  J.  P.,  Rev.  Dr.,  court-martial  of,  537,  538. 

ANDERSON,  THOMAS  L.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

ANDERSON,  WILLIAM  C.,  Representative  in  Thirty-Sixth  Con- 
gross,  49. 

ANDREW,  JOHN  A.,  Governor  of  Massachusetts,  signer  of  Al- 
toona  Address,  233. 

ANTHONY,  D.  R,,  Lieut.  Col.,  order  on  ft^itiTe  slaves,  251. 

625 


626 


INDEX. 


,  HENRY  B.,  Senator  in  Thirty-Sixth  Congress,  49;  I 
Thirty  Seventh,  122;  Thirty-Eighth,  140;  proposition 
to  repeal  proposed  constitutional  amendment  of  1861,  I 
258. 

ANTI-SLAVERY  AMENDMENT,  passasre  of,  '257,  258,  590 ;  votes 
of  State  Legislatures  on  ratifying,  595-000. 

APP::AL,for  recognition  to  Karl  Russell  by  Rebel  Commis 
sioners,  extract  from,  27  ;  Russell's  letter  to  Lyons  re 
specting,  27;  President  Lincoln's  appeal  to  Border-State 
Representatives,  and  their  replies,  213-220. 

APPLETON,  NATHAN,  on  Disunion  Conspiracy,  390. 

APPLETOX,  WILLIAM,  Representative  in  Thirty-Seventh  Con 
gress,  122 ;  resigned,  123. 

ARGUELLES  CASE,  proceedings  in  Congress  respecting,  354, 
355;  letter  of  the  Captain  General  of  Cuba,  355. 

ARKANSAS,  vote  for  President  in  I860, 1 :  Members  of  Thirty- 
Sixth  Congress,  48,  49 ;  Deputies  in  Rebel  Provisional 
Congress,  11,  400,  and  Members  of  First,  401,  of  Second, 
402;  secession  movement  in  convention  and  Legisla 
ture.  4;  seizures  and  surrenders  in,  28 ;  vote  on  seces 
sion  ordinance  and  proceedings  of  secession  convention, 
399;  admission  into  the  Confederacy,  400 ;  claimants 
for  seats  at  First  Session  Thirty-Eighth  Congress,  140, 
141,  and  Mr.  Truinbull's  report  in  Senate,  and  action 
thereon,  320,  321 ;  Free  State  government  in,  321;  vote 
on  abolishing  slavery  in,  332;  President  Lincoln's  let 
ters  respecting  election  in,  322:  soldiers  in  the  army, 
390 ;  Congressional  action  on  claimants  for  seats,  Second 
Session  Thirty-Eighth  Congress,  and  on  recognizing  the 
Free  State  government,  5S6-588. 

ARMS  OF  UNITED  STATES,  transfer  South  inl859-'CO,34;  pur 
chase  by  Alabama  and  Virginia  in  I860,  35;  purchase 
by  Governor  of  Virginia  prior  to  secession,  30;  sale  to 
States,  30;  Jefferson  Davis's  bill  to  authorize  such  silo, 
36;  discussion  and  vote  in  the  Senate,  36,  37  ;  Mobile 
Advertiser's  comment  on  Floyd's  transfers,  35;  Burch's 
resolution  relative  to  California's  quota  of,  41 ;  General 
Ileiutzelnian's  order  relative  to  sale,  note,  418. 

ARMSTRONG,  JAMES  D.,  Rev.,  facts  concerning,  542,  543. 

ARMY,  REBEL,  strength  of,  117,  121,  390. 

ARMY  VOTE,  at  Presidential  Election  of  1864,  623. 

ARNOLD,  ISAAC  N.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140 ;  resolution  on  forgery 
of  official  documents,  194;  bill  for  emancipation  of 
slaves  in  the  insurrectionary  districts, 229,  230;  bill  to 
prohibit  slavery  in  tho  Territories,  254;  proposition  to 
amend  the  Constitution,  258. 

ARNOLD,  SAMUEL  G.,  Member  of  Peace  Conference,  07 ;  Sen 
ator  in  Thirty-Seventh  Congress,  123. 

ARUESTS  OF  CITIZENS,  152-154;  President  Lincoln's  and 
Secretary  Slanton's  orders  respecting,  154;  of  Vallan- 
dlgham,  162;  Mr.  Pendleton's  resolution  in  House  de 
nouncing,  182;  proceedings  respecting  sundry,  179- 
181 ;  resolutions,  votes,  and  legislation  respecting,  183- 
185;  General  Augur's  order  respecting  military,  187; 
Mr.  Salisbury's  amendment  respecting,  236,  237  ;  fur 
ther  facts  and  votes,  55D-562 ;  reports  of  Secretary 
Stanton  and  Judge  Holt,  559,  560. 

ARRINOTON,  A.  II.,  Representative  in  First  Rebel  Congress, 
402. 

ARTHUR,  BENJAMIN  F.,  Clerk  of  South  Carolina  Secession 
Convention,  399 

ARTICLE  OF  WAR,  new,  237,  238. 

ASBOTH,  ALEXANDER,  Brigadier  General,  orders  respecting 
the  election  in  Kentucky,  313. 

ASHE,  THOMAS  S.,  Deputy  in  Rebel  Provisional  Congress, 
402;  elected  Senator  to  Third  Rebel  Congress,  611. 

ASHLEY,  JAMES  M.,  Representative  in  Thirty-Sixth  Con 
gress,  19;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
reports  and  propositions  relative  to  reconstruction,  319, 
576,  577. 

ASHMORE,  JOHN  D.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  withdrew,  2. 

ATKINS,  JOHN  D.  C.,  Deputy  in  Rebel  Provisional  Congress, 
400;  Representative  in  First  Congress,  402;  Second, 
402. 

Atlanta  (Georgia)  Intelligencer  on  reconstruction  with  tho 
Northwestern  States,  note,,  303. 

ATTORNEY  GENERAL,  circular  respecting  amnesty,  148,  149 ; 
opinions  respecting  the  President's  powers,  51,  52; 
habeas  corpus,  158-161;  execution  of  fugitive  slave 
law,  235;  pay  of  colored  chaplains,  279,  280;  citizen 
ship,  378-384;  pay  of  colored  soldiers,  384,  385. 

AUGUR,  C.  C.,  Major  General,  order  respecting  military  ar 
rests,  187. 

AVERELL,  WILLIAM  W.,  Acting  Adjutant  General,  order  to 
prohibit  slaves  leaving  the  city  of  Washington,  245. 

AVERY,  WILLIAM  T.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

AVERY,  WILLIAM  W.,  Deputy  in  Rebel  Provisional  Congress, 
400. 

AYER.  LEWIS  MALONE,  Jr.,  Representative  in  First  Rebel 
Congress,  400;  Second,  402;  vote  on  secession  ordi 
nance,  398, 


BABBITT,  ELIJAH,  Representative  in  Thirty-Sixth  Congress, 
48:  Thirty-Seventh,  122. 

BACKUS.  FRANKLIN  T.,  Member  of  Peace  Conference,  68. 

BAIL,  bill  for,  of  persons  arrested,  183 ;  bill  to  allow  in  cer 
tain  cases,  562. 

BAILEY,  GOLDSMITH  F.,  Representative  in  Thirty-Seventh 
Congress,  122 ;  death,  123. 

BAILY,  JOSEPH,  Representative  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140. 

BAKER,  EDWARD  D.,  Senator  in  Thirty-Sixth  Congress,  48 ; 
Thirty-Seventh,  122;  death,  123;  colloquy  with  Sen 
ator  Hunter,  January  11, 1861,  88. 

BAKE:;,  JAMES  M.,  Senator  in  First  Rebel  Congress,  401; 
Second,  402 ;  vote  on  secession  ordinance,  399. 

BAKER,  STEPHEN,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

BALDWIN,  AUGUSTUS  C.,  Representative  in  Thirty-Eighth 
Congress,  140. 

BALDWIN,  JOHN  B.,  vote  on  secession  ordinance  in  Virginia 
Convention,  note,  7 ;  Representative  in  First  Rebel  Con 
gress,  402;  Second,  402. 

BALDWIN,  JOHN  D.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolution  denouncing  negotialion  with  the 
rebel  leaders,  298,  299. 

BALDWIN,  ROGER  S.,  Member  of  Peace  Conference,  67  ;  prop 
osition  for  Constitutional  Convention,  69. 

BALTIMORE,  special  election  in  1801,  9  ;  arrest  of  Police 
Marshal  and  Commissioners  by  General  Banks,  and 
proceedings  concerning,  152, 179;  Emancipation  Reso 
lutions  of  the  City  Union  Convention,  22G:  Fair,  ('resi 
dent  Lincoln's  remarks  at,  280,  281 ;  Minutes  of  Police 
Commissioners  in  April,  1861,  and  Report  in  Councils 
on  the  expenditure  of  $500.000  appropriation,  same 
period,  393-396;  Union  National  Convention  in,  403; 
Church  questions  in,  524-533. 

Baltimore  American  on  arrests,  153 ;  ou  Church  Difficulties, 
531. 

B«lt  i  more  Evening  Transcript,  suppression  of,  192. 

Baltimore.  Exchange,  adjustment  proposition  of,  75. 

BANISHMENT,  proclamation  by  Jefferson  Davis,  121. 

BANKING  SYSTEM,  proceedings  on  establishing,  362-365. 

BANKNOTES,  small,  President  Lincoln's  veto  of  bill  for,  359; 
proposed  i.-sue  of,  363. 

BANKS,  A.  P.,  connected  with  rebel  commissioners,  108. 

BANKS,  NATHANIEL  P.,  Major  General,  instructions  to  Lieut. 
Col.  Ruger  for  arrest  of  Maryland  Legislature,  153; 
arrest  of  Police  Commissioners,  Marshal  Kane,  and 
others,  in  Baltimore,  and  reasons  therefor,  152. 

BAPTIST  ASSOCIATIONS,  at  Brooklyn,  in  1S61,  474:  West 
New  Jersey,  in  1861,  1862,  and  1864,  475,476;  New 
Jersey,  in 'lS64,  476;  Philadelphia,  in  1802  and  1804, 
476,477;  Pennsylvania  in  1862  and  1803,477;  Ohio,  in 
1862,  478;  New  York,  in  1802,478;  American  Baptist 
Missionary  Union,  478.  IN  INSURRECTIONARY  STATES  : 
of  Alabama,  513;  Georgia,  513,  514,  515;  Southern  Bap 
tist  Convention,  514;  South  Carolina,  514,  515;  orders  of 
President  Lincoln  and  Secretary  Stanton  relative  to 
the  occupancy  of  the  churches  of,  521,  522. 

BARKSDALE.  ETHELBERT,  Representative  in  First  R^bel  Con 
gress,  402;  Second,  402  ;  proposition  on  Peace.  615. 

BARKSDALE,  WILLIAM,  Representative  in  Thirty  Sixth  Con 
gress,  49;  sent  telegram  South,  37;  withdrew,  3. 

BARNWKLL,  ROBERT  W.,  Commissioner  to  Washington,  2; 
correspondence  with  President  Buchanan,  29-3.;  Dep 
uty  in  Rebel  Provisional  Congress,  2,  11, 400  ;  Senator 
in  First  Congress,  401 ;  Second,  402;  vote  on  secession, 
398;  resolution  on  Independence,  014. 

BARR,  THOMAS  J.,  Representative  in  Thirty-Sixth  Congress, 
48;  adjustment  proposition,  74. 

BARR,  MARTIN  W..  arrest  of,  153. 

BARRETT,  J.  R.,  Representative  in  Thirty-Sixth  Congress, 
49;  adjustment  proposition,  73;  member  of  Border- 
States  Committee,  73. 

BARRINGER,  DAVID  M.,  Member  of  Peace  Conference,  68. 

BARROW,  WASHINGTON,  Commissioner  of  Tennessee  in  leagu 
ing  her  with  the  "Confederate"  States, 5. 

BARRY,  G..  Capt.,  purchase  of  Government  arms  in  I860,  .35. 

BARRY,  WILLIAM  S.,  Deputy  in  Rebel  Provisional  Congress, 
11,  400. 

BARTOW,  FRANCIS  S.,  Deputy  in  Rebel  Provisional  Con 
gress,  11,  400. 

BATES,  DANIEL  M.,  Member  of  Peace  Conference,  67. 

BATES,  EDWARD,  Attorney  General,  108 ;  circular  respecting 
amnesty,  148,  149  ;  opinion  on  habeas  corpus,  158-161 ; 
letter  on  execution  of  fugitive  slave  law.  note,  235 ;  opin 
ions  on  pay  of  colored  chaplains,  279,  280;  citizenship, 
378-384 ;  pay  of  colored  soldiers,  384,  385 ;  retirement 
of,  108;  letters  of  Dr.  McPheeters  to,  and  reply  of, 
533,  536. 

BATES,  JAMES  P.,  Member  of  bogus  legislative  council  of 
Kentucky,  8. 

BATSON,  FELIX  I.,  Representative  in  First  Rebel   Congress, 


INDEX. 


627 


401 ;  second,  402 ;  votes  in  Secession  Convention  of  Ar 
kansas,  399. 

BATTELLE,  BOBBINS,  Member  of  Peace  Conference,  67. 

BATTLE,  JUDGE,  North  Carolina,  view  on  habeas  corpus,  120. 

BAXTER.  ELISHA,  claimant  of  seat  as  Senator  from  Arkansas, 
Thirty-Eighth  Congress,  140. 

BAXTER,  II.  HENRY,  Member  of  Peace  Conference,  67. 

BAXTER,  PORTTS,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

BAYARD,  JAMES  A.,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  and  resignation, 
140,  resolution  on  the  arrest  of  the  Baltimore  Po 
lice  Commissioners,  179 ;  proposition  on  enrollment, 
262. 

BAYLOR,  J.  R.,  Representative  in  Second  Rebel  Congress, 
402. 

BEALE,  CHARLES  L.,  Representative  in  Thirty-Sixth  Congress, 
48. 

BEALL,  JOHN  Y.,  court-martial  and  sentence  of,  for  violating 
the  rules  of  war,  551,  652;  action  of  Senate  of  Virginia, 
note,  552. 

SEAMAN,  FERNANDO  C.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  140. 

BEAUFORT,  (S.  C.,)  port  of,  opened  to  trade,  149. 

BEAUUEGARD,  G.  T.,  General,  correspondence  of,  with  Major 
Anderson,  before  bombarding  Fort  Sumter,  113, 114. 

JJee,  San  Francisco,  on  a  Pacific  Republic,  42. 

BELL.  CASPER  W.,  Deputy  in  Rebel  Provisional  Congress, 
400;  Representative  in  First  Congress,  402. 

BELL,  II.  P.,  Representative  in  Second  Rebel  Congress,  402. 

BELL,  JOHN,  vote  for  President  in  1860, 1. 

BELL,  JOSHUA  F.,  Member  of  Peace  Conference,  68. 

BELMONT,  AUGUST,  remarks  opening  Democratic  National 
Convention,  417. 

BENJAMIN,  JUDAII  P.,  Senator  in  Thirty-Sixth  Congress, 
48 ;  telegram  South,  37  ;  withdrew,  4 ;  Attorney  Gene 
ral,  and  Secretary  of  War  in  Rebel  Provisional  Gov 
ernment,  12,  400 ;  Secretary  of  War,  and  Secretary  of 
State  iu  Permanent  Government,  401 ;  intercepted  des 
patch  to  Lamar,  151, 152 ;  order  of  arrest  of  Judge  Pat 
terson  and  Colonel  Pickens,  of  East  Tennessee,  187 ; 
order  on  bridge  burning,  187  ;  to  Commissioner  Mason 
on  Peace;,  455. 

BENNET,  II.  P.,  Delegate  from  Colorado  Thirty-Eighth 
Congress,  declaration  of,  note,  590. 

BENNING,  HENRY  L.,  Commissioner  from  Georgia  to  Vir 
ginia,  11 ;  received  by  Convention,  6. 

BENTON,  THOMAS  II.,  on  the  Disunion  Conspiracy,  390. 

BERNARD,  General  of  Engineers  in  the  service  of  the  United 
States,  a  citizen  of  franco,  allusion  of  Attorney  General 
Bates,  378. 

BEKRETT,  JAMES  G.,  arrest  and  release  of,  153. 

BERRY,  N.  S.,  Governor  of  New  Hampshire,  and  signer  of 
the  Altoona  Address,  233. 

BIDDI.E,  CHARLES  J.,  Representative  in  Thirty-Seventh  Con 
gress,  122-,  McClellan's  letter  to,  favoring  Geo.  W. 
Woodward's  election  as  Governor  of  Pennsylvania, 
386. 

BIGLER,  WILLIAM,  Senator  in  Thirty-Sixth  Congress,  48 ; 
Member  of  Committee  of  Thirteen,  70 ;  proposition  of 
adjustment,  71,  72;  temporary  Chairman  of  Democratic 
National  Convention,  and  remarks,  417. 

BILLUPS,  JOHN,  Speaker  of  Georgia  Rebel  House  of  Repre 
sentatives,  329. 

BINGHAM,  JOHN  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh  Congress,  122;  proposition 
of  adjustment,  55;  bill  to  colluct  duties  on  imports,  78; 
substitute  for  emancipation  bill,  201. 

BINGHAM,  KINSLEY  S.,  Senator  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  death,  123;  proposition  re 
specting  amendment  of  the  Constitution,  64. 

BINNEY,  HORACE,  views  on  suspension  of  writ  of  habeas  cor 
pus,  161. 

BLACK,  JEREMIAH  S.,  Attorney  General,  and  Secretary  of 
State,  28;  opinion  upon  the  powers  of  the  President, 
50. 

BLAINE,  JAMES  G.,  Representative  in  Thirty-Eighth  Con 
gress,  140 ;  resolution  for  an  amendment  of  the  Con 
stitution,  259. 

BLAIR,  AUSTIN,  Governor  of  Michigan,  and  signer  of  Al 
toona  Address,  233. 

BLAIR,  FRANCIS  P.,  Sr.,  agency  in  bringing  about  the  Hamp 
ton  Roads  Conference  on  Peace,  566. 

BLAIR,  FRANCIS  P.,  Jr.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  140;  unseated,  141; 
amendment  to  the  emancipation  bill,  199,  200;  on  se 
lect  committee  on  compensated  emancipation,  213; 
letter  of  General  Halleck  to,  note,  248  ;  Senate  resolu 
tion  supposed  to  refer  to  his  case,  375 ;  report  of  House 
Committee  of  Elections  in  case  of,  and  proceedings 
upon,  375. 

BLUR,  JACOU  B.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth.  141;  substitute  for  the  en 
rollment  bill,  267  ;  resolutions  on  the  wa,..  293. 


BLAIR,  MONTGOMERY,  Postmaster  General,  108;  report  on  the 
exclusion  of  newspapers,  188-191;  resignation,  108. 

BLAIR,  SAMUEL  S.,  Representative  in  Thirty-Sixth  Congress, 
48  ;  Thirty-Seventh,  122. 

BUAKE,  HARRISON  G.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  resolution  on  the 
prosecution  of  the  war,  232. 

BLANFORD,  MARK  II.,  Representative  in  Second  Rebel  Con 
gress,  402. 

BLISS,  GEORGE,  Representative  in  Thirty-Eighth  Congress, 
140. 

BLIZARD,  A.,  one  of  the  Tennessee  protesters,  438-441. 

BLOCKADE,  President's  proclamations  of,  149;  proclamations 
raising,  of  certain  ports,  194;  closing  others,  605. 

BLOW,  HENRY  T.,  Representative  in  Thirty-Eighth  Congress, 
140. 

BOCOCK,  THOMAS  S.,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  address  to  people  of  Virginia,  40  ;  Member 
of  Rebel  "  Provisional"  Congress,  400 ;  Speaker  of 
First  Rebel  Congress,  401 ;  Second,  402. 

BOGAN,  WEST,  of  Arkansas,  court-martial  and  sentence  of, 
for  murder  of  his  master,  550.  551. 

BONDS  OF  THE  UNITED  STATES,  proposed  State  taxation  of, 
359,  360. 

BONHAM,  MILLEDGE  L.,  Representative  in  Thirty-Sixth  Con- 

fress,  49 ;  withdrew,  2 ;  Commissioner  to  Mississippi, 
1 ;  statement  respecting  forts  in  Charleston  harbor, 
30 ;  Representative  in  First  Rebel  Congress,  400 ;  Gov 
ernor  of  South  Carolina,  402. 

BONZANO,  M.  F.,  reports  on  credentials  as  Representative 
from  Louisiana,  581-586  ;  former  melter  and  refiner  at 
U.  S.  Mint,  funds  in  possession  at  date  of  secession 
of  Louisiana,  589. 

BOOTH,  JOHN  WILKES,  assassin  of  President  LINCOLN,  610. 

BORDER  SLAVE  STATE  REPRESENTATIVES,  interviews  of  Presi 
dent  Lincoln  with,  210,  211,  213-220. 

BORDER  STATE  EMBASSIES,  Charleston  Mercury  on,  3. 

BORDER  STATES  MEETING,  and  adjustment  proposition  of,  73. 

BOTELER,  ALEXANDER  R.,  Representative  in  Thirty-Sixth 
Congress,  49;  motion  for  adjustment  committee  of 
thirty-three,  52;  hopeful  despatch  of,  39;  remarks  on 
reconstruction,  329;  Deputy  in  Rebel  Provisional 
Congress,  401;  Representative  in  First  Congress,  402. 

BOUDINOT,  ELI  AS  C.,  Delegate  from  the  Cherokee  Nation  at 
second  session  of  First  Rebel  Congress,  402  ;  in  Second, 
402 ;  Secretary  of  Secession  Convention  in  Arkansas, 
399. 

BOULDIN,  WOOD,  motion  in  Virginia  Convention,  7  ;  vote  on 
secession  ordinance,  notc,7. 

BOULIGNY,  JOHN  E.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  refusal  to  withdraw,  4. 

BOUTWELL,  GEORGE  S.,  Member  of  Peace  Conference,  67; 
Representative  in  Thirty-Eighth  Congress,  140;  re 
marks  on  issue  of  emancipation  proclamation,  232;  res 
olutions  on  reconstruction,  328. 

BOWDEN,  LEMUEL  J.,  Senator  in  Thirty-Eighth  Congress, 
and  death,  140. 

BOWEN,  JAMES,  Brigadier  General,  reports  on  the  loyal  of 
New  Orleans  Churches,  543-545. 

BOYCK,  WILLIAM  W.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  withdrew,  2;  appointed  on  Committee  of 
Thirty-three  and  declined,  53;  Deputy  in  Rebel  Pro 
visional  Congress,  2,  11,  400;  Representative  in  First 
Congress,  402;  Second,  402;  statement  respecting 
forts  in  Charleston  harbor,  30 ;  vote  on  secession  ordi 
nance,  398  ;  letters  on  Peace,  431-433,  457. 

BOYD,  SEMPRONIUS  II.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

BOYLE,  JEREMIAH  T  ,  Brigadier  General,  order  on  impress 
ments,  315. 

BOYLE,  LLEWELLYN,  request  for  special  session  of  Legisla 
ture  of  Maryland,  8. 

BRABSON,  ROBERT  B.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

BRADFORD,  ALEXANDER  W.,  Member  of  Peace  Conference. 
68 ;  Governor  of  Maryland,  election  affairs  of,  309-311 ; 
correspondence  of,  with  the  stewards  of  Central,  Chats- 
worth,  and  Biddle  street  Methodist  Episcopal  Churches, 
526-531. 

BRADLEY,  BENJAMIN  F.,  Representative  in  Second  Rebel  Con 
gress,  402. 

BRAGG,  BRAXTON,  reported  offered,  and  declined,  Rebel  Se 
cretaryship  of  War,  402. 

BRAGG,  THOMAS,  Senator  in  Thirty  Sixth  Congress,  48. 

BRANCH,  A.  M.,  Representative  iu  Second  Rebel  Congress, 
402. 

BRANCH,  LAWRENCE  O'B.,  Representative  in  Thirty-Sixth 
Congress,  49;  on  select  committee  of  investigation,  80; 
resolution  on  keeping  troops  in  the  District  of  Colum 
bia,  81 ;  reports  on  disposition  of  the  navy  and  resigna 
tions  therein,  on  militia  bill,  Buchanan's  correspond 
ence  with  rebel  commissioners,  and  secession,  84,  85. 

BKANDEGEE,  AUGUSTUS,  Representative  in  Thirty-Eighth 
Congress,  140. 


628 


INDEX. 


BRAYMAN,  MASON,  Brigadier  General,  orders  of,  at  Natchez, 
541. 

BRAYTON,  WILLIAM  D.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

BRECKINRIDGE,  JOHN  C.,  vote  for  President  in  1860, 1;  Vice 
President,  Thirty-Sixth  Congress,  48 ;  Senator  in  Thirty- 
Seventh,  122;  expulsion,  123;  escape,  153;  proposition 
to  withdraw  troops  from  rebellious  States,  290;  candi 
date  forllebel  Congress,  and  views  on  reconstruction, 
329;  Rebel  Secretary  of  War,  619. 

BRECKINRIDGE,  ROBERT  J.,  Sr.,  temporary  chairman  of  Balti 
more  Union  Convention,  and  remarks,  403— 405 ;  paper 
submitted  in  and  adopted  by  Presbyterian  General  As 
sembly  of  1862,  462,  463. 

BRECKINRIDGE,  ROBERT,  J.,  Jr.,  Representative  in  First  Rebel 
Congress,  401. 

BRESIIWOOD,  CAPTAIN,  surrender  of  his  vessel  to  rebels,  28. 

BREWER,  T.  N.,  arrest  of,  153. 

BKIDGE-BURNERS  IN  EAST  TENNESSEE,  Benjamin's  order  for 
hanging,  187. 

BRIDGERS,  JOHN  L.,  Commissioner  from  North  Carolina  to 
Rebel  Provisional  Congress,  12. 

BRIDGEHS.  ROBERT  R.,  Representative  in  First  Rebel  Con 
gress',  402 ;  Second, 402. 

BRIDGES,  GEORGE  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

BRIGGS,  GEORGE,  Representative  in  Thirty-Sixth  Congress, 
48;  adjustment  proposition,  74. 

BRIGHT,  JESSE  D.,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  and  expulsion,  123. 

BRISTOW,  FRANCIS  S.,,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Member  of  Committee  of  Thirty-three,  53. 

BROCKENBROUGH,  JOHN  W.,  Member  of  Peace  Conference, 
68;  Deputy  in  Rebel  Provisional  Congress,  400. 

BRONSON,  GREENE  C.,  Member  of  Peace  Conference,  67. 

BROOKE,  JOHN  B.,  request  for  special  session  of  Legislature 
of  Maryland,  9. 

BROOKE,  WALTER,  Deputy  in  Rebel  Provisional  Congress, 
11,400;  views  on  reconstruction,  329;  see  MEM. ,401. 

Brooklyn  Earjle,  presented  by  grand  jury  and  excluded  from 
the  mails,  188-192. 

BROOKS,  JAMES,  Representative  in  Thirty-Eighth  Congress, 
140;  letter  of  George  N.  Sanders  to,  330. 

BROOMALL,  JOHN  M.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  substitute  for  enrollment  bill,  266,  and  res 
olution  concerning,  270;  substitute  for  Mr.  Colfax's 
resolution  to  expel  Alexander  Long,  387. 

BROWN,  ALBERT  GALLATIN,  Senator  in  Thirty-Sixth  Con- 
gres,48;  telegram  south,  87  ;  withdrew,  5;  resolution  for 
the  protection  of  slavery  in  the  Territories,  90;  captain 
in  rebel  service,  401;  Senator  in  First  Rebel  Congress, 
401  ;  Second,  402 ;  on  repealing  substitute  law,  121 ; 
opinion  on  Independence,  616. 

BROWN,  B.GRATZ,  Senator  in  Thirty-Sixth  Congress,  140;  on 
Indian  enlistments,  264;  substitute  for  reconstruction 
bill,  318. 

BROWN,  FOUNTAIN,  Rev.,  of  Arkansas,  court-martial  and 
sentence  for  selling  his  freed  slaves,  549,  550. 

BROWN,  GEORGE  WILLIAM,  Police  Commissioner  and  Mayor 
of  Baltimore,  arrest  of,  and  reasons  for,  152;  Minutes 
of  the  Board,  393,  394. 

BROWN,  JAMES  S.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolutions  on  reconstruction,  319,  320 ;  on 
enrollment,  564. 

BROWN,  JOHN  YOUNG,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

BROWN,  JOSEPH  E.,  Governor  of  Georgia,  3;  proclamation 
on  northern  indebtedness,  3 ;  call  for  negroes,  282. 

BROWN,  WILLIAM  G.,  voto  on  secession  ordinance,  note,  7 ; 
Representative  in  Thirty-Seventh  Congress,  122 ;  Thir 
ty-Eighth,  140;  resolutions  on  the  War,  293. 

BROWNE,  GKORGK  II.,  Member  of  Peace  Conference,  67  ;  Rep 
resentative  in  Thirty-Seventh  Congress,  122. 

BROWNK,  WILLIAM  M.,llebel  As.-intiint  Secretary  of  State,12. 

BROWNING,  ORVILLK  II.,  Senator  in  Thirty-Seventh  Congress, 
122;  superseded,  123;  amendments  to  bill  for  military 
employment  of  colored  persons,  275. 

Biiow.Nsvii.LE,  port  opened,  149. 

BRUCE,  ELY  M.,  Member  of  bogus  Legislative  Council  of 
Kentucky,  8 ;  Representative  in  First  Rebel  Congress, 
401 ;  Second, 402. 

BRUCE,  II.  W.,  Member  of  bogus  Legislative  Council  of 
Kentucky,  8 ;  Representative  in  First  Rebel  Congress, 
401;  Second,  402. 

BRUCE,.JAMKS  C.,  Commissioner  of  Virginia  in  making  mili 
tary  league,  8;  vote  on  secession  ordinance,  note,  7. 
BRUNE,  JOHN  C.,  arrest  of,  152. 

BRYAN,  T.  S.,  Assistant  Secretary  of  Russellville  (Ky.)  Con 
gress,  8. 

BUCHANAN,  JAMES,  changes  in  Cabinet  of,  28 ;  letter  to  the 
South  Carolina  Commissioners,  29,  32-34;  report  of 
special  committee  on,  85;  declines  to  receive  Commis 
sioner  from  Alabama,  34;  last  annual  message,  49 ;  the 
power  to  coerce  a  State  discussed,  49;  explanatory 


amendment  to  the  Constitution  recommended.  50; 
message  of  January  8,  alluded  to,  80;  public  credit 
during  his  administration,  305,  366;  proposed  censure 
of,  and  proceedings  in  the  Senate,  387. 

BUCK,  JOHN  M.,  letters  of,  respecting  church  troubles  in 
Baltimore,  524-530. 

BUCKALEW,  CHARLES  R.,  Senator  in  Thirty-Eighth  Congress, 
140;  amendment  to  civil  bill  respecting  testimony  of 
colored  persons,  243;  amendment  to  national  cur 
rency  bill,  365 ;  proposition  to  repeal  law  authorizing 
enlistments  in  insurrectionary  States,  «ote,663. 

BUCKNER,  AYLETT  II..  Member  of  Peace  Conference,  68. 

BUELL,  DON  CARLOS,  Brig.  Gen.,  letter  to  J.  R.  Underwood, 
offermg  to  return  fugitive  slaves,  250. 

BUPFINTON,  JAMES,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122. 

BURCH,  JOHN  C.,  Representative  in  Thirty-Sixth  Congress, 
49;  resolution  relative  to  California's  quota  of  arms, 
41 :  Member  of  Committee  of  Thirty-three,  53;  report, 
58;  proposition  for  Constitutional  Convention,  62;  for 
a  Pacific  republic,  41. 

BUREAU  OF  FREEDMEN'S  AFFAIRS,  bill  to  establish,  vote  upon 
in  House,  259,  260;  in  Senate,  amendments  of  Mr. 
Saulsbury,  260;  Mr.  Willey.260;  Mr.  Wilson.  260:  post 
ponement  of  bill  to  December  20th,  1864,  260;  final 
votes,  594, 595. 

BURKE,  MARTIN,  Col.,  refusal  to  obey  writ  of  Judge  Gar 
rison,  152. 

BURLINGAME,  ANSON,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

BURNETT  HENRY  C.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  expulsion,  123;  Chairman  of  Russellville 
(Ky.)  Congress,  8 ;  Deputy  in  Rebel  Provisional  Con 
gress,  400 ;  Senator  in  First  Congress,  401 ;  Second,  402. 

BURNETT,  THEODORE  L.,  Deputy  in  Rebel  Provisional  Con 
gress,  400;  Representative  in  First  Rebel  Congress, 
401 ;  Second,  402. 

BURNHAM,  ALFRED  A.,  Representative  in  Thirty-Sixth  Con 
gress,  48 ;  Thirty-Seventh,  123. 

BURNS  RESCUE  CASE,  resolution  concerning,  and  Col.  T.  W. 
Higginson,  244. 

BURNSIDE,  AMBROSE  E.,  Brig.  Gen.,  proclamation  of,  to  the 
people  of  North  Carolina,  249,  250 ;  order  No.  38,  162; 
designation  of  Fort  Warren  for  confinement  of  Mr. 
Vallandigham,  162. 

BURNSIDE,  I.  P.,  Member  of  bogus  Legislative  Council  of 
Kentucky,  8. 

BURTON,  WILLIAM,  Governor,  of  Delaware,  reply  to  Presi 
dent's  call  for  troops,  114. 

BUTLER,  BENJAMIN  F.,  Maj.  Gen.,  letter  of  Governor  Hicks 
to,  reply  of,  and  Governor  Oicks's  protest  to,  9;  to  Gen 
eral  Scott,  244;  affair  with  Brig  Gen.  Phelps,  252;  ex 
tract  from  Davis's  proclamation  of  outlawry,  note,  253; 
orders  of,  respecting  churches  in  New  Orleans,  542. 

BUTLER,  PIERCE,  arrest  of,  153. 

BUTLER,  WILLIAM  0.,  Member  of  Peace  Conference,  68. 

BUTLER,  WILLIAM  T.,  resignation  of,  as  policeman  in  Balti 
more,  394. 

BUTTERFIELD,  MARTIN,  Representative  in  Thirty-Sixth  Con 
gress,  48. 


CABINET,  of  Mr.  Buchanan,  28;  Mr.  Lincoln,  108,  610; 
Mr.  Johnson,  610;  Jeff.  Davis,  400, 401,  619. 

CADWALADER.  GEORGE,  General,  refusal  to  obey  a  writ  in  the 
Merryman  case,  154;  remarks  of  Chief  Justice  Taney, 
155. 

CADWALADER,  JOHN,  Judge  United  States,  decision  on  enroll 
ment  act,  273. 

CALHOUN,  A.  P.,  Commissioner  from  South  Carolina  to  Ala 
bama,  11 ;  received  by  Convention,  4. 

CALHOUN,  JOHN  C.,  bill  relative  to  security  of  the  mails,  191; 
allusion  to,  by  Ex-Gov.  Francis  Thomas,  390. 

CALIFORNIA,  vote  for  President  in  1660, 1 ;  in  1864,  623:  not 
represented  in  Peace  Conference,  69 ;  Members  of  Thirty- 
Sixth  Congress,  49;  Thirty-Seventh,  122:  Thirty-Eighth, 
141 ;  secession  attempt  in,  41 ;  Union  resolutions  of  the 
Assembly,  41. 

CALL  for  negroes,  of  Governor  Joseph  E.  Brown,  of  Georgia, 
282;  of  General  Magruder,  283;  of  Governor  Allen  of 
Louisiana,  428. 

CALLS  for  troops,  the  President's,  114,  lift,  270,  604. 

CALLAHAN,  S.  B.,  Delegate  from  Creek  and  Seminole  Na 
tion  in  Second  Rebel  Congress,  402. 

CALVERT,  CHARLES  B.,  Representative  in  Thirty-Seventh 
Congress,  122:  views  on  compensated  emancipation, 
213-217  ;  peace  resolution,  295. 

CAMERON,  SIMON.  Senator  in  Thirty-Sixth  Congress.  48; 
Secretary  of  War,  and  resignation  of,  108 ;  order  of  ar 
rest  of  the  members  of  the  Maryland  Legislature,  153; 
letters  to  General  Butler,  245;  instnictions  to  General 
Sherman,  247,  248 ;  extract  from  report  and  modifica 
tion  by  the  President,  249 ;  letter  to  General  McClel- 


INDEX. 


629 


Ian  on  the  Maryland  election,  399  ;  President's  Mes 
sage  on  the  House  resolution  of  censure  of,  333, ,334; 
remarks  November  13, 1861,  on  colored  troops,  416. 

CAMPBELL,  JAMES,  opinion,  as  Postmaster  General, on  exclud 
ing  newspapers  from  the  mails,  189. 

CAMPBELL,  JAMES  II.,  Representative  in  Thirty-Sixth  Con 
gress.  48;  Thirty-Seventh,  122 ;  Member  of  Committee 
of  Thirty-three,  53;  resolution  recommending  confis 
cation  of  slaves,  Ac.,  of  rebels,  287. 

CAMPBELL.  JOHN  A.,  letters  to  Secretary  Bewwd,  110,  111 ; 
to  Jefferson  Davis,  111 :  reply  of  Thurlow  Weed  to, 
111,112;  at  Hampton  Roads' Conference,  567 ;  inter 
cepted  letter,  note,  571. 

CAMPBELL,  J.  A.  P.,  Deputy  in  Rebel  Provisional  Congress, 
400. 

CAMPBELL,  J.  MASON,  Senator's  Mason's  desire  to  see,  393. 

CAMPBELL  WILLIAM  B.,one  of  the  Tennessee  protesters,  438- 
441. 

CANBY,  E.  R.  S.,  General,  President?!  order  through,  for  C. 
L.  Vallandigham's  deportation,  102;  order  on  colored 
soldiers,  note,  427,  428. 

CANNON.  WILLIAM,  Member  of  Peace  Conference,  68 ;  Gov 
ernor  of  Delaware,  proclamation  of,  312. 

CAPERTOX,  ALLEN  T.,  vote  on  secession  ordinance  in  Vir 
ginia  Convention,  note,  7  ;  Senator  in  First  Rebel  Con 
gress,  401 ;  Second,  402. 

CAREY.  JOHN,  Representative  in  Thirty-Sixth  Congress,  49. 

CARLILE,  JOHN  S  ,  Representative  in 'Thirty-Seventh  Con 
gress.  122  ;  Senator  in  Thirty-Seventh  Congress,  123; 
Thirty-Eighth,  1  iO;  offer  of  Peace  Conference  proposi 
tion  in  Virginia  Convention,  and  vote,  7;  vote  on  se 
cession  ordinance,  note,  1 ;  substitute  for  indemnity 
bill,  185;  on  compensated  emancipation,  213-217;  res 
olution  on  the  prosecution  of  the  war,  290 ;  resolutions 
on  the  relations  of  the  rebellious  States  to  the  Gov 
ernment,  326. 

CARROLL,  JAMES,  of  Maryland,  Disunion  letter  of,  9. 

CARTER,  JAMES  T.  P..  one  of  the  Tennessee  protesters,  438- 
441. 

CARTER,  LUTHER  C.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

CARUTHERS,  ROBERT  L.,  Member  of  Peace  Conference,  68; 
Deputy  in  Rebel  Provisional  Congress,  400. 

CASE.  CHARLES,  Representative  in  Thirty-Sixth  Congress, 
49. 

CASEY,  SAMUEL  L..  Representative  in  Thirty-Seventh  Con 
gress,  123;  on  Select  Committee  on  compensated  eman 
cipation,  and  views  on,  213,  217,  218. 

CASS.  GEORGE  W.,  vote  for  Vice  President  in  Democratic 
National  Convention,  420. 

CASS,  LEWIS,  Secretary  of  State,  and  resigned,  28. 

CATHOLIC  CHURCH,  facts  respecting,  502,  503;  Bishop  Wood's, 
Archbishop  Kenrick's,  and  Archbishop  Put-cell's  papers, 
502.503.  IN  INSURRECTIONARY  STATES:  Position  of  Bishop 
Lynch,  51G;  articles  from  N.  O.  Standard,  516.  517; 
the  Pope's  reply  to  the  Rebel  Commissioners,  517. 

CHAMBERLAIN,  JACOB  P.,  Representative  in  Thirty-Seventh 
Congress,  123. 

CHAMBERLAIN,  LEVI,  Member  of  Peace  Conference.  67. 

CHAMBERS,  EZEKIEL  F.,  proposed  member  of  Board  of  Pub 
lic  Safety  in  Maryland,  9;  vote  on  emancipation  in 
Maryland,  227. 

CHAMBERS,  HENRY  C.,  Representative  in  First  Rebel  Con 
gress,  402. 

CHAMBLISS,  JOHN  R.,  vote  on  Secession  Ordinance  in  Vir 
ginia  Convention,  note.  7;  Representative  in  First  Re 
bel  Congress,  401. 

CHAXPLER,  Lucius  II.,  claimant  for  seat  as  Representative 
in  Thirty-Eighth  Congress,  and  refused,  141. 

CHANDLER,  THEOPHILUS  P.,  Member  of  Peace  Conference, 

CHAXDLER,  ZACHARIAH,  Senator  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140 ;  amend 
ment  to  enrollment  bill.  264. 

CHAXLER,  JOHN  W.,  Representative  in  Thirty-Eightl 
Congress,  140 ;  proposition  to  repeal  all  conscriptior 
laws,  564. 

CHAPLAIN,  ALEXANDER,  resolutions  in  the  Legislature  of 
Maryland,  398. 

Charlotte.  Bulletin,  Clingman's  telegram  to,  41. 

CHASE,  SALMON  P.,  Member  of  Peace  Conference,  68;  Sec 
retary  of  the  Treasury,  and  resignation,  10R;  letter  on 
"  Legal  Tenders,"  358,  359;  National  Currency  bill 
note.  365 ;  redemption  of  Treasury  loans  and  notes 
note.  367;  Chief  Justice,  610. 

CHEROKEE  NATION,  Delegate  from,  in  First  and  Second 
Rebel  Congress,  402. 

CHESNUT.  JAMES,  Jr.,  Senator  in  Thirty-Sixth  Congress,  48 
resigned,   2;  Deputy  in  Rebel  Provisional  Congress,  2 
11,400;  Aide  to  Beauregard,  1 13 ;  votes  on  Secession 
Ordinance,  398. 

CHILTON,  WILLIAM  P.,  Deputy  in  Rebel  Provisional  Con 
gress.  11.400:  Representative  in  First  Rebel  Congress 
401  ;  Second,  402. 


HITTEXDEN,  Lucius  E.,  Member  of  Peace  Conference,  67 
HRISMAN,  JAMES  S.,  Member  of  bogus  Legislative  Council 
of  Kentucky,  8;   Deputy  in  Rebel    Provisional  Con 
gress,  400 :  "Representative  in   First  Rebel  Congress, 
401;  Second,  402. 
CHRISTIAN  RELIGION,  proposed  Constitutional  Amendment 

respecting,  259,  593. 
CHURCHES  IN  THE  INSURRECTIONARY  STATES,  Action  of  the, 
508-521,  548;  orders  respecting  the  occupancy  of,  521- 
523;  reconstruction  of,  543-546 ;  condition  of  the,  in  New 
Orleans,  543-544;  loyalty  of  East  Tennessee,  545.  546. 
CHURCH,  THE,  AND  THEllEBELLioN,46t-548,  603;  the  Military 
and  the  Churches,  521-543;  Reconstruction  of  Churches, 
543. 

Cincinnati   Gazette,  upon  a  Northwestern  Confederacy  in 
trigue  in  I860,  42. 
CITIZENS,  arrest  of,  152-154,  559-562— see  "Arrests." 
CITIZENSHIP,  Attorney  General  Bates's  opinion  on,  378-384 ; 
Secretary   Marcy's,   through   J.   A.  Thomas,  Assistant 
Secretary  of  State,  note,  382. 
CLAPP,  J.  W.,  Representative  in  First  Rebel  Congress,  401. 
LARK,  AMBROSE  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

CLARK,  DANIEL,  Senator  in  Thirty-Sixth  Congress,  48;  Thir 
ty-Seventh,  121;  Thirty-Eighth,  140;  amendment  to 
the  Crittenden  proposition  of  adjustment,  65;  vote 
upon,  reconsideration,  and  final  vote,  06  ;  bill  to  ratify 
the  emancipation  proclamation.  229;  resolution  on 
prosecuting  the  war,  291. 
CLARK,  HORACE  F.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  adjustment  proposition,  74. 
CLARK,  JOHN  B.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  expulsion, "123:  Senator  in 
First  Rebel  Congress,  401,  superseded,  402 :  Represent 
ative  in  Second.  402;  remarks  in  favor  of  repealing 
the  substitute  bill,  121. 

SLARK,  WILLIAM  W.,  Representative  in  First  Rebel  Con 
gress,  401. 

CLARKE,  FREEMAN,  Representative  in  Thirty-Eighth  Con 
gress,  140. 
LAY,  BRUTUS  J.,  Representative  in  Thirty-Eighth  Congress, 

140. 

CLAY,  CLEMENT  C.,  Jr.,  Senator  in  Thirty-Sixth  Congress, 
48;  withdrew,  4;  intermediary  between  Colonel 
Hayne  and  President  Buchanan,  42  ;  correspondence 
with  President  Buchanan,  34;  Senator  in  First  Re 
bel  Congress,  401 ;  Niagara  Falls  correspondence,  301, 
302. 

CLAY,  HENRY,  prophecy  of,  390. 
LAY,  JAMES  B.,  Member  of  Peace  Conference,  68 ;  arrest  of, 

153. 
CLAYTON,  A.  M.,  Deputy  in   Rebel  Provisional  Congress,  11, 

400. 

CLAYTON,  PHILIP,  Rebel  Assistant  Secretary  of  Treasury,  12. 
CLEGGETT,  THOMAS,  arrest  of,  153. 

CLEMENS.  JER-KMIAH,  statement   respecting  the   bombard 
ment  of  Sumter,  112. 
CLEMENS,  SHERRARD,  Representative  in  Thirty-Sixth  Con 
gress,  48;  adjustment  proposition  of,  63;  vote  on  Se 
cession  Ordinance  in  Virginia  convention,  note,  7. 
CLEMENTS,  ANDREW  J.,  Representative  in   Thirty-Seventh 
Congress,  122 ;  on  Select  Committee  on   compensated 
emancipation,  213;  views  on,  217,  218;  resolution  re 
specting  the  insurrectionary  States,  324. 
CLERKE,  JUSTICE,  adverse  opinion  on  indemnity  act,  186, 

187. 

CLEVELAND,  CHAUNCEY  F.,  Member  of  Peace  Conference,  67. 
CLINGMAN,  THOMAS  L..  Senator  in  Thirty-Sixth  Congress, 
48;  re-elected,  5;  telegram  to  the  Charlotte  Bulletin, 
41;  on  Peace  Conference  proposition,  70;  resolution  on 
slave  protection  in  the  Territories,  90;  proposition  to 
withdraw  troops  from  the  rebellious  States,  290. 
Clipper,  Baltimore,  on  loyalty  of  Baltimore,  8. 
CLOPTON,  DAVID,  Representative  in  First  Rebel  Congress, 

401 ;  Second, 402. 

CLUSKEY,  MICHAEL  W.,  Representative  in  Second  Rebel  Con 
gress,  402. 

COALTER,  JOHN  D.,  Member  of  Peace  Conference,  68. 
COASTWISE  SLAVE  TRADE,  repeal  of  laws  regulating,  243,  244. 
COBB,  AMASA,  Representative  in  Thirty-Eighth  Congress, 

141. 

COBB,  GEORGE  T.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

COBB,  HOWELL,  resignation  as  Secretary  of  the  Treasury,  38 ; 
Deputy  in  Rebel  Provisional  Congress,  and  President 
thereof,  12,  400 ;  pronounces  secession  a  "  fixed  and 
irrevocable  fact,"  &c.,  12;  major  general  in  rebel  ser 
vice,  400. 
COBB,  THOMAS  R.  R.,  Deputy  in  Rebel  Provisional  Congress, 

11,  400 ;  on  reconstruction,  329  ;  death  of,  400. 
COBB,  WILLIAMSON  R.  W.,  Representative  in  Thirty-Sixth 
Congress,  49;  withdrew,  3;   elected  to  Second  Rebel 
Congress,  402 ;  inquiry  on  his  loyalty,  400 ;  expulskn, 
note,  402;  death.  611. 


030 


INDEX. 


CoBtrr.N,. STEPHEN.  UppreMOtative  in  Thirty-Sixth  Congress, 
note,  48:  Member  of  Peace  Conference,  67. 

COCHRANE,  CLARK  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

COCIIRANK,  JOHN,  Representative  in  Thirty-Sixth  Congress, 
48;  adjustment  propositions,  53,  74;  views  on  imposts 
bill.  70;  on  select  investigating  committee,  80;  reports 
on  President  Buchanan's  correspondence  with  rebel 
commissioners,  and  on  secession,  80 ;  president  of  Cleve 
land  Convention,  411;  candidate  for  Vice  President, 
412;  acceptance  of,  414;  address  to  his  regiment,  414- 
416;  withdrawal  of,  4:27. 

COERCION.  RIOHT  OF,  Buchanan's  opinion,  49;  votes  upon, 
77,  230. 

COFFEY,  (  JEORGE  A.,  United  States  District  Attorney,  request 
to  Marshal  Millward  to  seize  West  Chester  Jejfe.rsonian 
newspaper  office.  441,  44J. 

COFFEV,  TITIAN  J.,  acting  Attorney  General,  circular  on 
amnesty,  148,  149. 

COFFROTII,  ALEXANDER  II.,  Representative  in  Thirty-Eighth 
Congress,  140;  resolution  on  emancipation  proclama 
tion,  200. 

COIN,  Rebel  tax  on,  372,  613,  619. 

COLE.  CORNELIUS,  Ilepresentative  in  Thirty-Eighth  Congress, 
140. 

COLFAX,  SCHUYLER,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  Thirty-Eighth,  and 
Speaker  of  the  House,  140;  adjustment  proposition, 
73;  resolutions  fur  amending  the  fugitive  slave  law, 
236,  and  to  expel  Alexander  Long,  387  ;  vote  for  Vice 
President  in  Union  National  Convention,  407. 

COLI.AMER,  JACOB,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty- Eighth,  140;  amendment 
to  resolution  to  prohibit  slavery  in  the  Territories,  90 ; 
resolution  to  reduce  the  period  of  service  of  drafted 
men  to  one  year,  &c.,  263;  amendment  to  enrollment 
bill,  264;  amendment  to  joint  resolution  to  equalize 
the  pay  of  soldiers,  277 ;  amendments  to  legal  tender 
bill,  358;  relative  to  vote  of  Electoral  College.  578. 

COLLIKR,  CHARLES  F.,  Representative  in  First  Rebel  Con 
gress,  402. 

COLONIZATION,  President  Lincoln's  views  on,  213;  interview 
with  colored  persons  in  August,  1862,  374,  375;  the  Isle 
k  Veche  experiment,  note,  212;  votes  on,  199-201. 

COLOR,  bill  to  remove  disqualification  of,  in  carrying  United 
States  mails,  239,  240,  593. 

COLORADO  TERRITORY,  bill  for  temporary  government,  89, 
90:  enabling  act  for,  255. 

COLORED  MEN  AS  CITIZENS,  Opinion  of  Attorney  General 
Bates.  378-384;  letter  of  Assistant  Secretary  of  State 
J.  A.  Thomas,  note,  382. 

COLORED  MEN  AS  VOTERS,  in  Montana  Territory,  240;  in 
Washington  city,  241. 

COLORED  PERSONS  AS  WITNESSES,  votes  respecting,  242,  243, 
442. 

COLORED  PERSONS,  CONFEDERATE  USE  OF,  281-283, 611. 

COLORED  PERSONS,  disqualification  of,  in  carrying  the  mails, 
bill  to  remove,  239,  240,  593;  letter  of  Gideon  (.ranger, 
note.  239;  disqualification  to  testify,  proceedings  to  re 
move,  240,  242,  243,  442,  and  Judge  Underwood's  opin 
ion  upon,  442,  443  ;  all  able-bodied  males  of  suitable 
age  to  be  enrolled,  274;  to  be  liable  to  the  draft,  -74; 
opinion  of  Attorney  General  Bates  on  citizenship  of, 
378-384. 

COLORED  PERSONS,  exclusion  from  the  cars,  proceedings 
respecting,  241,  242,  593;  Mr.  Stunner's  resolution  on, 
242:  Mr.  Willey's report  upon,  242;  Mr.  Sunmer's mo 
tions  to  forbid,  242,  593,  594. 

COLORED  PERSONS  LEAVING  DISTRICT  OF  COLUMBIA,  resolution 
of  House  respecting  the  order  requiring  passes  for,  594. 

COLORED  SCHOOLS,  legislation  respecting,  244. 

COLORED  SOLDIERS,  to  have  same  pay,  <kc.,  except  bounty,  as 
white  men— bounty  of,  not  to  exceed  $100,  to  be  fixed 
by  the  President,  116,  272;  the  several  lawsconcerning, 
274;  mother,  wife,  and  children  of,  to  be  free,  274;  pro 
ceedings  in  Congress  respecting,  274-276;  respecting 
pay  of,  276-279;  opinions  of  Attorney  General  Bates 
respecting  pay  of,  279,  280,  384,  385;  Secretary  Stan- 
ton's  order  to  Governor  Andrew  respecting  enlistment 
of,  279,  and  his  reply  respecting  compensation  to  loyal 
masters  for  enlisted  slaves,  565;  President  Lincoln's 
order  for  the  protection  of,  280;  rules  of  war  (extract) 
concerning,  280 ;  allusion  to,  in  speech  of  President  Lin 
coln  at  the  Baltimore  fair,  280,  281 ;  proposed  prohibi 
tion  of  pay  to,  283,  284:  rebel  facts  concerning,  2sl- 
283:  correspondence  between  Generals  Grant  and  Lee 
concerning,  4V, 445;  Rebel  legislation  upon,  Oil ;  action 
of  Virginia  legislature,  note,  612;  General  Lee's  letter, 
note,  611. 

COLORED  SOLDIERS'  FAMILIES,  bill  for  securing  freedom  of, 
564,  505;  Major  General  Palmer's  order  respecting, 
noh;  564. 

COLVIN,  A.  J.,  Letter  of  Lucius  Robinson  to.  413. 

COLYER,  A.  S  ,  Representative  in  Second  Rebel  Congress,  402. 


COMMERCIAL  INTERCOURSE,  proclamations  forbidding,  with, 
insurrectionary  States,  149. 150. 

COMMISSIONSHS,  INTER-STVTE,  names  of,  11;  rebel  to  Eng 
land,  appeal  of,  to  Karl  Russell.  27;  reply  of  the  Pone 
to,  517;  of  Confederate  States,  correspondence  with 
President  Buchanan  and  Secretary  Holt,  29-34  ;  witb. 
Secretary  Seward,  108-110 

COMMITTEE  OF  THIRTEEN,  in  Senate,  votes  in,  70-72. 

COMMITTEE  OF  TIURTWHREE,  in  House.  52:  members,  53; 
proposition*  submitted,  53-5"j;  report,  57,58;  minority 
reports,57,  58;  votes  on  propositions,  58-62. 

COMMUTATION,  OH  $300  CLAUSE,  votes  on,  261 ;  repealed,  203- 
270  ;  report  on.  note,  263. 

COMPROMISE,  Mr.  Lincoln's  opinion  upon,  67. 

CONFEDERATE  CLERGY,  ADDRESS  OF,  TO  CHRISTIANS  THROUGH 
OUT  THE  WORLD,  517-521. 

CONFEDERATE  LEGISLATION — see  Rebel  Legislation. 

CONK ERENCE, 41 — see  Peace  Conference. 

CONFISCATION,  act  of  1861,  195,196;  act  of  1862,  and  for 
other  purposes,  196. 197  ;  joint  resolution  giving  con 
struction  to  last,  197  ;  President's  im-ssnge  thereon, 
197,198;  other  proceedings  respecting.  198>03:  votes 
on  repealing  the  joint  resolution,  202.205,  260. 56.?, 563; 
judicial  action  under.  206,  207;  military  confiscation 
suspended  by  the  President,  notf,  207 ;  President's 
proclamation  under,  208  ;  proceeedings  respecting,  275, 
276. 

CONGREGATIONAL  CHURCH,  action  of  various  Conferences, 
480-482. 

CONGREGATIONAL  WELSH  ASSOCIATION  OF  PENNSYLVANIA,  ac 
tion  of,  481. 

CONGRESS,  of  United  States,  meeting,  and  members  of  Thirty 

\       Sixth, second  session,  48.  49  :  Thirty-Seventh,  121, 12 J ; 

\  Thirty-Eighth,  140,141,559,  588;  of  Rebel  Provisional, 
and  members  of,  11,  400;  First  Congress,  401,  402;  Se 
cond,  402. 

CONKLINO,  FREDERICK  A.,  Representative  in  Thirty-Seventh 
Congress,  122. 

CONKLING,  J\MES  C.,  President  Lincoln's  letter  to,  235, 
236. 

CONKLING,  ROSCOE,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  amendment  to  Conns- 
cation  bill,  19S;  to  Mr.  Eliot's  joint  resolution,  287; 
joint  resolution  on  compensated  emancipation,  209, 
210. 

CONNECTICUT,  vote  for  President,  in  1860.  1;  in  1864,  623; 
Members  of  Peace  Conference.  67 ;  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140 

CONNESS,  JOHN,  Senator  in  Thirty-Eighth  Congress,  140. 

CONRAD,  CHARLES  M..  Deputy  in  Rebel  Provisional  Congress, 
11,400;  Representative  in  First  Rebel  Congress,  401 ; 
Second,  402. 

CONROW,  A.  H.,  Deputy  in  Rebel  Provisional  Congress,  400; 
Representative  in  First  Congress,  401 ;  Second,  402. 

CONSCKIPTION — see  Enrollment. 

CONSCRIPTION,  REBEL,  acts  of,  118,  119;  judicial  decisions 
upon,  120;  proclamations  and  order  upon,  US,  llJ ; 
order  for  enrolling  persons  between  17  and  50,  427:  of 
negroes,  428. 

CONSPIRACIES,  bill  to  punish,  and  protest  of  nine  Senators, 
376,  377 ;  Douglas's  proposition  respecting,  71 ;  Rebel 
law,  614. 

CONSTITUTION  OF  THE  UNITED  STATES,  91-97  ;  index  to,  100- 
103;  explanatory  amendment  proposed  by  President 
Buchanan,  50;  adoption  of  proposition  to  amend,  59, 
60;  Mr.  Seward's  proposition,  71:  votes  on  proposition 
to  amend,  59,  60,  62-65;  proceedings  to  amend,  2 
259-  proposition  of  Mr.  Henderson,  255;  Mr.  Sumner, 
255;  Mr.  Powell,  -55,  256;  Mr.  Trumbull,  256:  Mr. 
Garrett  Davis,  256;  Mr.  Saulsbury's  proposition,  2,")7  : 
final  vote  on  amendment  in  Senate,  257  ;  Mr.  Wheeler* 
proposition,  257  ;  final  vote  in  the  House,  258  ;  resolu 
tions  of  Mr.  Isaac  N  Arnold,  258  ;  Mr.  Window  258; 
Mr.  Stevens,  258;  Mr.  Henry  B.  Anthony's  joint  .esolu- 
tion  to  repeal  the  joint  resolution  of  March  2, 1861,258; 
resolutions  of  convention  at  Allegheny  city.  Pennsyl 
vania,  proposing  amendment  to. 258,  259:  Mr.  Cravens'* 
resolutions  respecting  amendment  of.  259;  Mr.  Elaine's 
proposition  to  amend,  259;  other  propositions,  and 
action,  591-593. 

CONSTITUTIONAL  AMENDMENT  for  the  extinction  of  slavery, 
257,  258, 590;  other  propositions,  255-259,  572,  573,  591- 
593— see  "Adjustment''  and  "Constitution." 

CONSTMI  IMNU,  TONVKMION,  votes  on,  62,  64;  in  Peace 
Conference,  69,70;  propositions  for,  294,  435. 

CONSTITUTION  OF  THE  CONFEDERATE  STATES,  98-100:  index 
to,  100-103:  A.  II.  Stephens's  comment  upon,  1013,  104; 
ratification  of,  4,  5. 

CONTRABANDS,  order  of  Major  General  Wool  respecting,  248 ; 
his  order  for  employment  of,  and  wages,  248 ;  general 
instructions  concerning,  241,  245,  217.  248;  order  of 
President  Lincftln  on  in  the  District  of  Columbi.i.  2^  : 
extract  from  report  of  Secretory  Cameron,  24-.»:  in 
structions  of  Secretary  Stauton  to  General  Saxt  u, 


INDEX. 


631 


251,  252;  orders  of  General  Tattle  at  Natchez,  253; 
Mr.  Grinueir*  resolutions  respecting  General  Tuttle's 
orders,  253. 

CONVENTION  OF  SOUTH  CAROLINA,  conflicting  views  of  fugi 
tive  slave  l:i\v  in.  18:  voto  mi  seceft  i<>n  ordinance,  398, 
390;  address  of,  and  papers  in.  12-20. 

CONvr.NTiON  (>F  TIIK  STATES,  resolutions  iu  Rebel  Congress 
contemplating,r617. 

CONVENTIONS,  POLITICAL,  at  Baltimore,  403-407;  at  Cleve 
land.  410-413;  at  Chicago,  417-423. 

CONWAY,  MAKTIN  F.,  Representative  in  Thirty-Sixth  Con 
gress,  4.);  in  Thirty-Seventh  Congress,  122;  resolutions 
on  prosecution  of  tho  w:ir,  230,  2U2. 

COOK,  B;RT  <N  C.,  Member  of  Peace-Conference,  68. 

Coou.  WILLIAM  II.,  Deputy  in  Kebel  Provisional  Congress, 
400:  Representative  in  First  Congress,  401. 

COOPER,  UENUY,  one  of  the  Tennessee  protesters,  433-441. 

COOPER,  S.,  Rebel  Adjutant  and  Inspector  General,  119. 

COOPER,  THOMAS  B..  Representative  in  Thirty-Seventh  Con 
gress.  122;  death,  123. 

COPELAND,  R.  MORRIS,  report  of  arrests  by,  153. 

CORNING,  EKASTUS.  Member  of  Peace  Conference-,  67  ;  Rep 
resentative  in  Thirty-Seventh  Congress,  122 ;  resolu 
tion  relative  to  taxation,  359;  correspondence  with  the 
President  on  Val'.andigham's  arrest,  163. 

CORRESPONDENCE,  between  President  Buchanan  and  Rebel 
Commissioners,  29-34;  between  President  Lincoln  and 
N'w  York  Democrats  on  Vailandigham's  case,  163-1 67; 
same  with  Ohio  Democrats,  167-173 ;  of  President  Lin 
coln  and  Governor  Bradford,  309,  310 ;  President  Lin 
coln  and  Fern-mdo  Wood,  296,  297  ;  the  Niagara  Falls, 
301-303:  the  Hampton  Roads,  566-572 ;  between  Pres 
ident  Lincoln  and  General  Grant,  -J25. 
OF  Jeff.  Davis  and  Governor  Vance,  306,  307 ;  of  Alexan 
der  II.  Stephens  and  Gideon  Welles,  note.,  307. 
OF  Secretary  Scward  on  Foreign  Affairs,  339-355 ;  with 
Mr.  Parker  on  Peace  Petition,  456;  with  Mr.  Adams 
on  the  Wharncliffe  offer  of  money  to  rebel  prisoners, 
460. 

COUWIN,  THOMAS,  Representative  iu  Thirty-Sixth  Congress, 
49;  chairman  of  Adjustment  Committee  of  Thirty- 
three,  33;  report,  57;  votes  upon,  58-62;  Minister  to 
Mexico,  granted  leave  of  absence,  350. 

COSTE,  CAPTAIN,  surrender  of  his  vessel  to  rebels,  27. 

COTTMAN,  THOMAS,  claimant  of  seat  as  Representative  from 
Louisiana,  First  Session  Thirty-Eighth  Congress,  141. 

COTTON,  Rebel  regulation  of  destruction  of,  117. 

COURTS-MARTIAL,  of  Rev.  Dr.  Anderson  for  disloyalty,  537, 
538;  of  Robert  Taylor  of  Tennessee,  for  the  murder  of 
his  slave,  548,  549;  of  Rev.  Fountain  Brown  of  Ar 
kansas,  for  selling  his  freed  slaves,  549,  550;  of  West 
Bogan  of  Arkansas,  for  the  murder  of  his  master,  550, 
551 ;  of  John  J.  Glover  of  Arkansas,  for  the  murder  of 
a  sliivemaster,  551;  of  John  Y.  BealJ  of  Virginia,  and 
of  Robert  C.  Kennedy,  for  violating  the  laws  of  war, 
551-553. 

COVODE,  JOHN,  Representative  in  Thirty-Sixth  Congress, 
48 ;  Thirty-Seventh,  122. 

COWAN,  EDGAR,  Scn;>tor  in  Thirty-Seventh  Congress,  122 ; 
in  Thirty-Eighth,  140;  amendment  on  pay  of  soldiers, 
276;  proposition  relative  to  military  commissions, 563. 

Cos,  SAMUEL  S.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  adjust 
ment  proposition,  55;  resolution  respecting  arrests, 
181 ;  amendment  to  bill  for  recognition  of  llayti  and 
Liberia,  239;  amendment  to  Montana  bill,  254,  255; 
motion  to  insert  the  word  "  white"  in  the  enrollment 
bill,  261:  amendment  to  bill  relating  to  unemployed 
generals,  2S5 ;  resolution  denning  the  word  ';  assassins,'' 
291,  ^92 :  peace  resolutions,  295, 574,  575 ;  resolution  on 
the  Arguellcb  case,  355 ;  relative  to  a  colony  of  blacks, 
note,  212;  proviso  to  Nebraska  enabling  act,  377  ;  pro 
posed  increase  of  the  pay  of  soldiers,  271;  at  Demo 
cratic  National  Convention,  420. 

Cox,  WALTER  S.,  Letter  respecting  secession,  9. 

CRAIG,  JAMES.  Representative  in   Thirty-Sixth  Congress, 

CRAIGE,  BURTON,  Representative  in  Thirty-Sixth  Congress, 
49;  telegram  sent  South,  37;  remarks  upon  Peace 
Conference  proposition,  70;  resolution  on  recognition, 
89;  Deputy  in  Rebel  Provisional  Congress,  400. 

CRAVENS,  JAMES  A.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  resolutions  respecting 
amending  tho  Constitution,  259. 

CRAWFORD,  MARTIN  J.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  telegram  South,  37;  withdrew,  3  ;  Deputy 
in  Rebel  Provisional  Congress,  11,  400;  resolution  re 
epecting  slavery,  76;  rebel  commissioner  to  Washing 
ton.  108 ;  colonel  of  cavalry,  400. 

CREOL-..S,  rebel  proposed  military  employment  of,  282;  rea 
son  given  lor  declining,  282. 

CRESWELL,  JOHN  A.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  successor  of  Senator  Hicks.  559. 

,  JOHN   W.,  Member  of  Peace  Conference,  68; 


Representative  in  Thirty-Seventh  Congress,  122;  me- 
m.:r::nda  of  interview  between  the  President  and  Bor- 
dor-State  Representatives,  March  10,  1802,  210,  ^11; 
views  on  compensated  emancipation,  213-^17. 

URITTENDEN,  JOHN  J.,  Senator  in  Thirty-Sixth  Congress;. 
48;  member  of  the  Committee  of  Thirteen,  70;  Bor^ 
der  State  Committee,  73;  telegram  stating  that  hid 
adjustment  was  lost  in  the  Senate  by  refusal  of  South 
ern  Senators  to  vote,  39 ;  hopeful  despatch  of,  39;  va 
rious  votes  on  his  proposition,  61—67,  (a'so  pee  Adjust 
ment;)  remarks  of  Senators  Johnson  and  Lutham  re 
specting  defeat  of,  65, 67  ;  telegram  respecting  same,  38 ; 
alleged  authorship  of  tho  measure,  75;  vote  of  thanks 
to,  of  Virginia  Convention.,  6;  proposition  in  Senate 
Committee  of  Thirteen,  70  :  amendment  respecting  fu 
gitive  slave  law,  70 

CRITTCNDEN,  JOHN  J.,  Representative  in  Thirty-Seventh 
Congress,  122;  resolution  respecting  the  cause  and  the 
objects  of  the  war,  286;  at  Border-State  interview  with 
the  President,  211  ;  views  on  compensated  emancipa 
tion,  213-217. 

CROCKETT,  JOHN  W.,  Member  of  bogus  Legislative  Coun 
cil  of  Kentucky,  8;  Representative  in  First  Rebel  Con 
gress,  401 ;  peace  proposition,  303. 

CRO.SBY  &  NICHOLS,  President  Lincoln's  letter  to,  336. 

WMjf  SHIELD,  FRANCIS  B.,  Member  of  Peace  Conference, 
67. 

CRUICKSHANK,  MARCUS  II.,  Representative  in  Second  Rebel 
Congress,  402. 

CRUMP.  WILLIAM  W.,  Rebel  Assistant  Secretary  of  the 
Treasury,  619. 

CULLOM,  ALVIN,  Member  of  Peace  Conference,  68. 

CUMBERLAND  PRESBYTERIAN?,  in  East  Tennessee,  action  of, 
546;  action  of  the  General  Assembly  of  the  Church, 
473,474. 

CURRIN,  DAVID  M.,  Deputy  in  Rebel  Provisional  Congress, 
4JO:  Representative  in  First  Congress,  and  death,  402. 

CURRY,  JABKZ  L.  M.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  telegram  South, 37;  withdrew,  4;  Deputy  in 
Rebel  Provisional  Congress,  11,  400 ;  Representative  in 
First  Congress,  401. 

CURTIN,  ANDREW  G.,  Governor  of  Pennsylvania,  signer  of 
Altoona  Address,  233. 

CURTIS,  SAMUEL  R.,  Major  General,  orders  and  letters  of  in 
the  McPheeters  cuse,  533,  534,  535, 537. 

CURTIS,  SAMUEL  R.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  resigned,  123;  Member 
of  Committee  of  Thirty-three,  53 ;  Member  of  Peace 
Conference,  68. 

CUSHIXG,  CALEB,  Opinion  as  Attorney  General  on  news 
paper  exclusion  from  the  mails,  189,  190 

CUTLCR,  R.  KING,  elected  Free  State  Senator  from  Louisi 
ana,  436;  vote  in  Louisiana  Convention  on  abolishing 
slavery,  332;  report  and  action  upon  credentials  of, 
579. 

CUTLER,  WILLIAM  P.,  Representative  in  Thirty-Seventh 
Congress,  122. 


DAILY,  SAMUEL  G.,  Delegate  from  Nebraska,  declaration  of, 
note,  590. 

Daily  News,  New  York,  presented  by  grand  jury  and  ex 
cluded  from  the  mails,  188  ;  report  thereon,  1SS-192. 

DAKOTAH,  bill  to  organize,  89. 

DANEKER,  DAVID,  refusal  to  haul  down  the  American  flag, 
and  resignation  of,  394. 

DARDEN,  STEPHEN  II.,  Representative  in  Second  Rebel  Con 
gress,  402. 

DARGAN,  EDWARD  S.,  Representative  in  First  Rebel  Congress, 
401 ;  remarks  on  Creoles,  282. 

DARGAN,  J.  A.,  in  South  Carolina  Convention,  17,  20;  vote 
on  secession  ordinance,  398. 

DASHIELL,  JOHN  II.,  statements  of  respecting  church  orders 
in  Baltimore,  525,  532;  arrest  and  discharge  of,  525. 

DAVIDSON,  ANDREW  J.,  Deputy  in  Rebtl  Provisional  Con 
gress,  400;  Representative  in  First  Congress,  402. 

DAVIDSON,  THOMAS  G.,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  withdrew,  4. 

DAVIS,  DAVID,  United  States  Judge,  decision  on  enrollment 
act,  273. 

DAVIS,  GARRETT,  Senator  in  Thirty-Seventh  Congress,  123  ; 
Thirty-Eighth,  140;  views  on  compensated  emancipa 
tion,  213-217 ;  motion  to  amend  the  new  Article  of 
War,  238  ;  resolution  re.-pecting  Col.  T.  W.  Higginson 
and  the  Anthony  Burns  affair,  244;  proposition  to 
amend  tho  Constitution,  256;  proposition  to  divide 
New  England,  259;  amendment  to  bill  to  employ  col 
ored  persons  in  the  public  service,  275;  amendment  to 
bill  to  suppress  insurrection,  275;  amendment  to  the 
engineer  bill,  276;  substitute  for  and  amendments  to 
joint  resolution  to  equalize  pay  of  soldiers,  277  ;  amend- 
mem  to  the  army  appropriation  bill,  278  ;  amendment 
to  internal  revenue  bill,  thut  no  money  raised  by  it 


632 


INDEX. 


shall  bo  used  to  pay  negroes,  283;  like  amendment  to 
army  appropriation  bill,  284;  resolution  for  a  peace 
convention  at  Louisville,  Kentucky,  296;  joint  resolu 
tion  for  negotiation  for  pove,  297;  resolutions  respect 
ing  the  re!;,tions  of  ther.'l  ellious  States  to  theGovern- 
inerit,  823-328;  resolution  censuring  ex-President  Bu 
chanan,  3S7;  amendment,  to  bill  to  secure  tbe  freedom 
of  the  families  of  colored  soldiers,  564;  proposition  for 
peace  and  chanires  in  the  Constitution,  573,  574. 

DAVIS,  GKOROE,  Member  of  Peace  Conference,  68;  Senator 
in  First  Rebel  Congress,  401 ;  Rebel  Attorney  General, 
'101. 

DAVIS,  HENRY  WINTER,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Eighth,  140:  Member  of  Commit** 
of  Thirty-three,  53;  Address  of,  for  the  Union,  9; 
amendment  to  the  enrollment  bill.  'J70;  bill  for  recon 
struction,  317;  resolutions  respecting  the  French  in 
Mexico,  349,  and  report  thereon,  350-354;  paper  of,  and 
Benjamin  F.  Wade,  respecting  failure  of  tho  reconstruc 
tion  bill,  332;  proposition  relative  to  courts-martial, 
561 ;.  proposed  amendment  of  Constitution,  so  as  to 
permit  the  taxing  of  exports,  593. 

DAVIS,  JEFFERSON,  Senator  in  Thirty-Sixth  Congress,  48; 
member  of  Committee  of  Thirteen,  and  proposition  in, 
71 ;  withdrew,  3;  intermediary  between  Col.  Hayneand 
President.  Buchanan,  32:  opinion  concerning  the  mili 
tia  of  the  States,  37 ;  on  newspaper  exclusion  from  the 
mails,  note,  H>0;  bill  to  authorize  wile  of  United  States 
arms  to  the  States,  36;  discussion  thereof  in  the  United 
States  Senate,  36,  37;  resolutions  on  withdrawal  of 
United  States  troops,  85,  86;  Franklin  Pierce's  letter 
to,  391 ;  one  of  the  Committee  of  secret  Disunion  Cau 
cus,  392. 

DAVIS,  JEFFERSON,  elected  Rebel  Provisional  President,  12; 
inaugurated,  12;  provisional  Cabinet,  12,  permanent 
400,401,619;  permanent  President,  401;  martial  law 
in  Richmond,  121 ;  proclamation  of  banishment  by, 
121;  correspondence  with  Governor  Vance  respecting 
peace,  306, 307 :  views  OH  reconstruction,  329,  330,  331 ; 
declaration  to  Gilmore,307  ;  veto  of  African  slave  trade 
bill,  151;  proclamation  on  conscription,  118;  proclama 
tion  of  outlawry  against  General  Butler, note,  233 ;  011 
peace  in  his  last  me3Hage,455, 456 ;  i  instructions  pending 
tho  Hampton  Roads  Conference,  506, 50J;  message  re- 
epecting  it,  570;  speech  at  Richmond  meeting,"  571 ; 
message  and  instructions  to  General  Lee  respecting  a 
Military  convention  with  General  Grant  on  peace,  572, 
573;  message  of,  on  employing  slaves,  610;  veto  of  bill 
on  exemptions  and  details,  612;  message  transmitting 
statement  of  accessions  to  tho  army  from  April  10, 
1802,  to  February  23, 1863,  note,  612;  letter  on  State 
negotiation  for  peace,  616, 617 ;  last  message,  on  habeas 
corpus,  and  peace,  618. 

DAVIS,  JOHN  G.,  Representative  in  Thirty-Sixth  Congress, 
49;  proposition  of  adjustment,  56. 

DAVIS,  NICHOLAS,  Jr.,  Deputy  in  Rebel  Provisional  Con 
gress,  400. 

DAVIS,  REUBEN,  Representative  in  Thirty-Sixth  Congress, 
49;  member  of  Committee  of  Thirty-three,  58;  mani 
festo  sent  South,  37  :  statement  to  slaveliolding  caucus, 
37;  withdrew,  3;  Representative  in  First  Rebel  Con 
gress,  401 ;  resigned,  402. 

DAVIS,  THOMAS  T.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

DAVIS,  WIU.IAM  MORRIS,  Representative  in  Thirty-Seventh 
Congnss,  1±2. 

DAWKS,  HENRY  L.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
Member  of  Select  Committee  on  military  and  naval  af 
fairs,  80;  report  on  disposition  of  the  United  States 
vessels,  82;  also  respecting  resignations  in  the  navy, 
82-84;  report  and  resolutions  respecting  reconstruc 
tion,  319 ;  report  on  the  admission  of  representatives 
from  Louisiana,  581,  582;  from  Arkansas,  586,  587. 

DAWKINS,  JAMES  13.,  Representative  in  First  Rebel  Congress, 
401. 

DAWSON,  JOHN  L.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolutions  for  amnesty  and  peace,  299,  300, 
573  ;  proposed  increase  of  pay  of  soldiers,  272. 

DAYTON,  WILLIAM  L.,  letters  of  Secretary  Seward  to,  on 
mediation,  345,  349, 350 ;  letters  of,  to  Secretary  Seward, 
on  the  French  policy  in  Mexico,  350;  Secretary  Sew- 
ard's  letter  to,  350;  report  of  the  Committee  on  Foreign 
Affairs  upon,  301-354. 

DEBATE  OIL.  adoption  of  the  papers  of  the  South  Carolina 
Convention,  16-18;  in  Virginia  Rebel  Legislature  on 
enrolling  free  negroes  281,282;  and  on  peace  resolu 
tions,  304;  in  Reoul  Congress,  on  peace  propositions, 
306,  456;  on  sequestration,  205;  on  repealing  substitu 
tion,  121;  in  Senate  on  peace  resolutions,  6i6;  in  Vir 
ginia  House  of  Delegates  on  peace,  620,  621. 

DEBT,  of  United  States,  statements  of  amount  of,  366,  307, 
601;  of  Rebel,  368;  repudiation  of  Rebel  debt  aa  an 
agency  of  the  rebellion,  575,  576. 


DEBT*,   payable  in   "legal   tenders,"  357,  358:  Secretary 
Chase's  letter  respecting  payment  of  Unite  i    - 
bonds  and  notes,  w/c.  :,r,7. 

DELANO,  CHARLES,  Representative  in  Thirty-Sixth  Congress 
48;  Thirty-Seventh,  122. 

DECLARATION  OF  INDEPENDENCE,  of  South  Carolina,  lo.  16. 

DECLARATORY  resolutions  of  Committee  of  Thirty-tin-.-.. 
and  vote,  68, 59. 

DE  CLOUKT,  A.,  Deputy  in  Rebel  Provisional  Congress.  1 1, 400. 

DEJAUMCTTE,  DANIEL  C..  Representative  in  Thirty 

Congress,  49:  address  to  people  of  Virginia,  40;  Rep 
resentative  in  First  Rpl>.-l  Congress,  402;  Second, 402; 
remarks  on  Mexican  question,  617,  618. 

DELAPf.A'.NK,  ISAAC  C.,  Representative  in  Thirty-Seventh 
Congress,  122. 

DELAWARE,  voto  of  for  President  in  1860, 1  ;  in  1864,  623; 
Members  of  Peace  Conference.  67;  Thirty-Sixth  Con 
gress,  48;  Thirty -Seventh,  122;  Thirty-Eighth,  140;  act 
to  secure  the  freedom  of  elections  in,  312;  General 
Schenck's  order  concerning  election  in,  312;  Governor 
William  Cannon's  proclamation  upon,  312;  vote  of 
Legislature  on  ratifying  anti-slavery  amendment,  597. 

DEMINU,  HENRY  C.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

DEMOCIUTIC  NATIONAL  CONVENTION  OF  1864,  proceedings  of, 
417-421. 

DEMOCRATS  of  New  York,  on  foreign  mediation,  as  stilted  by 
Loi  d  Lyons,  347  ;  on  C.  L.  Vailandifjhani's  arrest,  163. 

DEMOCRATS  of  Ohio,  on  C.  L.  Vallandigham's  arrest,  167- 

DENISON,  CHARLES,  Representative  in  Thirty-Eighth  Con- 
press,  140. 

DENNIS,  JOHN  U..  arrest  of,  152;  voted  in  Legislature  of 
Maryland,  379,  398. 

DENNISON,  MR.,  arrest  of,  152. 

DENNISON,  WILLIAM,  President  of  Baltimore  Convention, 
and  remarks.  405;  announcement  of  nomination  to  the 
President,  407;  Postmaster  General.  10S. 

DENT,  JOHN  F.,  Member  of  Peace  Conference,  68. 

DE  WITT,  WILLIAM  II.,  Deputy  in  Rebel  Provisional  Con 
gress,  400. 

DICKINSON,  DANIEL  S.,  vote  for  Vice  President  at  Union 
National  Convention,  407. 

DICKINSON,  HKNRY,  Commissioner  from  Mississippi  to  Dela 
ware,  11. 

DICKINSON,  J.  S.,  Representative  in  Second  Rebel  Congress, 
402. 

DIMMKIK,  WILLIAM  II.,  Representative  in  Thirty  Sixth  Con 
gress,  48. 

Dmccr  TAXES,  proposed  constitutional  amendment  respect 
ing,  592. 

Diswich,  Richmond,  on  reconstruction,  330;  on  amnesty, 
3.31. 

DISTIIICT  OF  COLUMBIA,  bill  to  reorganize  militia  of,  77; 
compensated  emancipation  in,  212,  213. 

DISUNION,  the  conspiracy  of,  389-399;  an  early  threat  of 
disunion,  extract  from  Senator  Maclay's  journal,  389; 
General  Jackson'a  letters  to  Rev.  A.  J.  Crawford,  389, 
and  to  Colonel  James  A.  Hamilton,  435;  Thomas  II. 
Benton's  views,  390;  Henry  Clay's,  390;  Nathan  Ap- 
plcton's,  390;  extract  from  speech  of  Ex-Governor 
Francis  Thomas,  and  extract  from  the  National  Intelli 
gencer,  concerning,  390;  early  hopes  of  the  rebels, 
3s)0;  extract  from  the  speech  of  Mr.  Lawrence  M.  Keitt, 
390;  recently-found  letters  in  Fredericksburg,  300; 
proceedings  of  a  Democratic  meeting  in  Philadelphia 
in  January,  1861,  note,  390;  letter  of  ex-Presiiient 
Franklin  Pierce  to  Jeff.  Davis,  of  January  6,  I860, 
391;  extract  from  the  National  Intelligencer  of  Janu 
ary  11, 1861,  and  letter  of  "  Eaton,"  disclosing  the  pro 
gramme  of,  391 ;  despatch  to  the  Charleston  Mercury 
of  January  7,  I860,  disclosing  plans  of,  3'Jl,  392;  letter 
of  Mr.  David  L.  Yulee,  and  resolutions  referred  to,  and 
comments  of  New  York  Times  on,  392;  Mr.  James  L. 
Pugh's  confession,  392;  Stephen  A.  Douglas's  farewell 
words,  392;  tho  conspiracy  in  Maryland,  392-400; 
Marshal  Kane's  despatch  to  Bradley  T.  Johnson,  and 
reply,  note,  392;  arrest  of  Marshal  Kane  and  the  Board 
of  Police  of  Baltimore,  by  General  Banks,  mentioned, 
393;  extracts  from  the  minutes  of  the  Police  Commis 
sioners,  ami  from  their  Letter  Book,  found  in  their 
office,  393;  proceedings  of  the  Maryland  Legislature  of 
1861,  396-398— seo  "  Secession.1' 

Dix,  JOHN  A.,  Secretary  of  tho  Treasury,  28  ;  bids  for  public 
loans,  366;  major  general,  seizure  of  newspaper  offices 
in  New  York,  arrest,  and  subsequent  proceedings,  192- 
194;  proclamation  in  Virginia,  248;  orders  and  letters 
concerning  elections,  308,  309;  orders  of,  in  Beall  uud 
Kennedy  cases,  551-553. 

DIXON.  EMMET,  Clork  of  Rebel  House,  First   Congress,  402. 

DIXON,  J\MI:S,  Senator  in  the  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  proposed 
Constitutional  amendment  so  as  to  authorize  tho  tax 
ing  of  exports,  592;  explanation  of,  note,  593. 


INDEX. 


633 


Dixf  N,  NATHAN,  Representative  in  Thirty-Eightn  Congress, 
140. 

DOCK-YARDS  of  United  States,  employment  of  slaves  in,  238. 

DOD«;K.  AUGUSTUS  C.,  vote  for  Vice  President  in  Democratic 
National  Convontion,420. 

DODGF.,GI:OI?GE  P.,  Provost  marshal,  arrests  by,  152;  Gene 
ral  Dix'8  order  to,  308,  309. 

DODGE,  WILLIAM  E.,  Member  of  Peace  Conference,  67. 

DONIPHAN,  ALEXANDER  W.,  Member  of  Peace  Conference,  68. 

DONNELLY,  IGNATIUS,  Representative  in  Thirty-Eighth  Con 
gress,  141. 

DOOLITTI.K  .1  -VMHS  R.,  Senator  in  Thirty-Sixth  Congress,  48 ; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  Member  of 
Peace  Conference,  68;  of  Committee  of  Thirteen,  70; 
proposition  respecting  secession^  63;  amendment  to 
fugitive  slave  law,  70 ;  explanation  of  votes,  note,  243; 
amendment  to  enrollment  bill,  respecting  Indians,  264; 
amendment  to  a  legal  tender'  bill,  358. 

DORTCH,  GEORGE  T.,  Senator  in  First  Rebel  Congress  ;  401 ; 
Second,  402;  election  of  successor,  Gil. 

DouriLi  DAY,  ACNER,  General,  order  forbidding  the  rendition 
of  fugitive  slaves,  250. 

DOUGLAS.  STEPHEN  A..  Senator  in  Thirty-Sixth  Congress, 
48;  vote  of,  for  President,  in  1800,  1 ;  member  of  Com 
mittee  of  Thirteen,  70;  hopeful  despatch  of,  to  James 
Barbour,  39;  propositions  iu  Senate  Committee  of  Thir 
teen,  72;  amendment  respecting  conspiracies,  71 ;  his 
farewell  words,  392. 

DOUGLASS,  FREDERICK,  Letter  to  Cleveland  Convention,  413. 

DR\F'I>,  the  several,  ordered,  115,  270,  604;  orders  of 
Secretary  of  War  to  enforce,  272;  President's  proclama 
tion  concerning,  272;  judicial  decisions  respecting  con 
stitutionality,  272-274;  instructions  to  United  States 
Marshals,  272;  Governor  Seymour  and,  274;  General 
McOlcllan  on,  274;  R.  B.  Marcy's  despatch  on,  274; 
Generals  Grant  and  Sherman  on  draft  of  1864,  435; 
Secretary  Stunton's  order  suspending,  note,  604. 

DRIGGS,  JOHN  !«'.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

DROCYN  DE  1,'IIUYS,  M.,  Letter  of,  to  M.  Mercier,  on  media 
tion,  (extract,)  345;  Secretary  Seward's  reply,  345, 346; 
circular  letter  respecting  the  relation  of  France  to  the 
American  Government,  354. 

DUELL,  11.  HOLLAND,  Representative  in  Thirty-Sixth  Con 
gress,  48 ;  Thirty -Seventh,  122. 

DULCE  DOMINGO,  Captain  General  of  Cuba,  letter  respecting 
the  Arguelles  case,  355. 

DUMONT,  EBENEZER,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

DUNCAN,  ALEXANDER,  Member  of  Peace  Conference,  67. 

DUNLAP,  GEORGE  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  on  compensated  emancipation,  213-217. 

DUNN,  WILLIAM  McKEE,  Representative  in  Thirty-Sixth 
Congress,  49;  Thirty-Seventh,  122;  member  of  Com 
mittee  of  Thirty-Three,  53;  adjustment  proposition,  54. 

DUPRE,  Lucius,  J.,  Representative  in  First  Rebel  Congress, 
401 ;  Second,  402. 

DUP.ANT,  C.  J.,  arrest  of,  153. 

DUKKUE,  CHARLES,  Senator  in  Thirty-Sixth  Congress,  48; 
member  of  Peace  Conference,  68. 


EARL  RUSSELL,  to  Lord  Lyons  on  Rebel  appeal  for  recogni 
tion,  27 ;  on  Trent  affair,  338-342 ;  Lord  Lyons,  to,  re 
specting  New  York  democrats  or  conservatives  on 
foreign  mediation  in  American  affairs,  347,  348. 

EAST  TENNESSEE,  Col.  W.  M.  ChurchwelFs  order  to  people 
of,  121;  budge-burning  order  of  Judah  P.  Benjamin, 
and  arrests  in,  187. 

EAST  TENNESSEE  CHURCHES,  Reconstruction  of,  545, 546. 

EATON,  J.  D.,  vote  for  Vice  President  at  Democratic  Na 
tional  Convention,  420. 

"  EATON,"  Communication  of,  revealing  proceedings  of  dis 
union  caucus,  391 ;  understood  to  be,  note,  391. 

ECHOLS,  J.  H.,  Representative  in  Second  Rebel  Congress, 
402. 

ECKERT,  THOMAS  T.,  Major,  connection  with  Hampton 
Roads  Conference,  567,  568. 

ECKLEY,  EPHRAIM  R.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

EDKN,  JOHN  R.,  Representative  in  Thirty-Eighth  Congress, 
140. 

EDGEKTON,  JOSEPH  K.,  Representative  in  Thirty-Eighth 
Congress,  140;  resolutions  denouncing  coercion,  Ac., 
230 ;  on  emancipation  proclamation,  &c.,  231 ;  on  con 
stitutional  powers,  573. 

EDGERTON,  SIDNEY.  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  substitute  for  resolu 
tion  of  thanks  to  Captain  Wilkes,  313 

EMMUNDSON.  HENRY  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  address  to  the  people  of  Virginia.  40. 

EIXWARDS,  THOMAS  M..  Representative  in  Thirty-Sixth  Con 
gress,  48 ;  Thirty-Seventh,  1.2. 


ELDER,  WM.  HENRY,  Bishop  jf  Natchez,  Protest  of,  against 
certain  military  orders,  538-541. 

ELDIUDGK,  CHARLES  A.,  Representative  iu  Thirty-Eighth 
Congress,  141;  resolution  on  political  arrests,  183;  oil 
enrollment, 271;  on  commutation,  271. 

ELECTION,  of  President, in  1860,1;  in  1864,623;  proposition* 
concerning  the,  54,55,  57,  73,  87,  255,  256,  573,  574. 

ELECTIONS,  military  orders  respecting,  308-316,  445 ;  bill  to 
prevent  officers  of  army  and  navy  from  interfering  in, 
315,  316,  566. 

ELECTORAL  vote  of  Rebel  States,  action  respecting,  319,577, 
578 ;  President  Lincoln's  message  respecting,  579 — see 
"  Reconstruction." 

ELIOT,  THOMAS  D.,  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  bill  to 
repeal  fugitive  slave  law  in  Thirty-Third  Congress,  235; 
joint  resolution  on  the  objects  of  the  war,  287  ;  bill  to 
establish  bureau  of  Freedmen's  affairs,  260;  confisca 
tion  and  emancipation  bills,  198-202 ;  proposition  on 
reconstruction,  577 ;  relative  to  Louisiana  case,  581. 

ELKINS,  JOSEPH,  arrest  of,  153. 

ELLET,  HENRY  J.,  declined  as  Rebel  Postmaster  General,  400. 

ELLIOT,  JOHN  M.,  Deputy  in  Rebel  Provisional  Congress, 
400;  Representative  in  First  Congress,  401;  Second,  402. 

ELLIOT,  ROBERT,  Secretary  Seward's  letter  on  arrest  of,  154. 

ELLIS,  E.  W.  II.,  Member  of  Peace  Conference,  68. 

ELLIS,  JOHN  W.,  Governor  of  North  Carolina,  reply  to 
President  Lincoln's  call,  114. 

ELMORE,  J.  A.,  Commissioner  from  Alabama  to  South  Caro 
lina,  1 1 . 

ELY,  ALFRED,  Representative  in  Thirty-Sixth  Congress,  48; 
Thirty  Seventh,  122. 

EMANCIPATION,  to  follow  secession,  prophecy  of,  by  Alex 
ander  II.  Stephens,  25. 

EMANCIPATION  BILL,  reported,  199  :  amendment  of  Mr.  F.  P. 
Blair,  Jr.,  199,  200;  substitute  of  Mr.  Sedgwick,  200; 
substitute  of  Mr.  Walton,  200;  substitute  of  Mr.  J.  S. 
Morrill,  200,  201 ;  voto  on  original,  201;  vote  reconsid 
ered  and  bill  recommitted  with  instructions  offered  by 
Mr.  Albert  G.  Porter,  201 ;  another  bill  reported,  201 ; 
substitute  of  Mr.  J.  A.  Binghaiu,  201,  bubstitute  of 
Mr.  Walton,  202. 

EMANCIPATION,  COMPENSATED,  James  B.  McKean's  resolu 
tion  in  1  liirty-Sixth  Congress,  203 ;  President's  Mes 
sage,  March  6,*1862,  209;  votes  in  House  and  Senate  on 
resolution  proposing,  to  Border  Slave  States,  1.09,  210; 
interview  between  tbo  President  and  some  Border 
slave  States  Congressmen,  210,  211;  in  District  of  Co 
lumbia,  211,  213  ;  colonization  clause  of  said  bill  re 
pealed,  with  report  on,  note,  212;  President's  Message, 
and  amendatory  bill,  213;  Select  Committee  on  com 
pensated  emancipation,  213 ;  President's  appeal  to  the 
Border  slave  States  Congressmen,  with  their  replies, 
213-220  ;  extracts  from  the  President's  second  annual 
Message,  220-224;  the  Missouri  bill,  224-226;  the  Jia- 
ryland  bill,  and  subsequent  action  by  the  people  of 
Maryland,  226,  227  ;  resolutions  of  Mr.  Rollins  of  Mis 
souri,  591. 

EMANCIPATION  PROCLAMATIONS,  of  the  President,  September 
22,  1802,  227 ;  January  1,  1863,  228  ;  votes  thereon  in 
House,  229 ;  in  Senate,  318 ;  Mr.  Clark's,  Mr.  Wilson's,. 


and  Mr.  Arnold's  bills  respecting,  229;  resolutions  re 
specting,  230,  231 ;  visit  of  the  Chicago  deputation  to 
the  President  respecting  its  issue,  231,  232;  Mr.  Bout- 


well's  statement  in  House,  232;  address  of  loyal  Gov 
ernors,  232;  letters  from  Mr.  Sunnier  and  Mr.  Love* 
joy,  233;  the  President's  modification  of  General  Fre 
mont's  proclamation,  and  correspondence  respecting, 
245-247;  rescinding  of  General  Hunter's,  250;  Alexan 
der  II.  Stephens's  prediction  of,  25;  Unitarian  Conven 
tion  of  1863  upon,  548 ;  military  cases  under,  548,  551. 

ENGLISH,  JAMES  E.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

ENGLISH,  T.  R.,  Remarks  in  South  Carolina  Convention,  17; 
vote  on  secession,  398. 

ENGLISH,  WILLIAM  II.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  adjustment  proposition  of,  54. 

ENLISTMENTS,  alleged,  foreign,  343. 

Enquirer,  Cincinnati,  excluded  from  Kentucky,  192. 

Enquirer,  Richmond,  denunciation  of  Convention  bill,  5;  on 
fall  of  Sumter,  114;  on  terms  of  peace,  305  ;  on  negro 
soldiers,  428,  429. 

ENROLLMENT  act  of  March  3, 1863, 115 ;  of  February  24,  and 
July  4,  1864,  116,  117  ;  colored  persons  liable  to,  116; 
certain  aliens  liable  to,  116:  all  votes  upon  passage  of, 
261-270  ;  proposition  to  enroll  persons  between  forty- 
five  and  fifty,  268  ;  reports  of  Secretary  of  War  and 
Provost  Marshal  General  respecting  operation  of,  note, 
263;  judicial  decisions  upon,  272-274 ;  punishment  of 
an  editor  for  publishing  articles  against,  562;  act  of 
March  3,  1865,  and  votes  upon,  and  on  resolutions  con 
cerning.  563,  564. 

ENROLLMENT  of  free  negroes  and  slaves  iu  rebeldom,  281, 
282,  427, 428,  611.  612. 


63-1 


INDEX. 


ENROLLMENT 
Esc  APE 


LMENT,  REBEL,  i18,  119,  619--see  "Conscription." 
of  fugitive  slave*,  1850  to  1  .u<>,  --17. 
IDQE,  EXEUOK,  Representative  in  Thirty-Sixth  Con 

gress,  49  ;  adjustment  proposition  of,  55;  Clerk  of  the 

House  Thirty-Seventh  Congress,  122;  one  of  tho  Ten- 

uessee  protesters,  438-441. 
EV\NOI:LH'\L  ASSOCIATION,  General  Conference  of  18C3,  501,  ' 

502 
EVANS,  LKMUF.L  D.,  understood  to  be  "Eaton"  in  the  Na 

tional  Intelligencer  of  January,  1801,   revealing  the  i 

proceedings  of  the  disunion  caucus,  391. 
EWING,  GEORGE  W.,  Deputy  in  Rebel  Provisional  Congress,  j 

400;  representative    in    First  Rebel   Congress,    401; 

Second,  402. 

EWING,  THOMAS,  Member  of  Peace  Conference,  68. 
Examiner,  Richmond,  on  fall  of  Suinter,  114;  on  Wright's 

pence  proposition,  305  ;  on  the  North,  330. 
EXPORTS,  proposed  constitutional  amendment  to  authorize 

the  taxing  of,  259<  592,  593. 


PALI.,  GEORGE  R.,  Commissioner  from  Mississippi   to   Ar 

kansas,  11. 

FARNSWORTH,  JOHN  F..  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Eighth,  140;  resolution  concerning 
unemployed  generals,  235. 
FARRAH,  BERNARD  G.,  Colonel,  order  of,  at   Natchez,  and 

protestof  tho  Bishop,  538-541. 
FARROW,  JAMBS,  Representative  in  First  Rebel  Congress, 

402;  Second,  402. 
FARWELL,  NATHAN  A.,  Senator  in  Second  Session  Thirty-  , 

Eighth  Congress,  559. 
FEARN,  THOMAS,  Deputy  in  Rebel  Provisional  Congress,  11,  \ 

400;  retired,  400. 
FEATIIBRSTON,  "WILLIAM  S.,  Commissioner  from  Mississippi 

to  Kentucky,  11. 

FENT-JN,  REUBEN  E.,  Representative  in  Thirty-Sixth  Con-  j 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
proposition  of  adjustment,  56:  substitute  for  tax  sec 
tion  of  national  currency  bill,  364. 
FERNANDINA,  opened  to  trade,  149. 

FERRY,  ORRIS  S.,  Representative  in  Thirty-Sixth  Congress, 
48;  Member  of  Committee  of  Thirty-three,  53;  report, 
58. 

FESSENDEN,  SAMUEL  C.,  Representative  in  Thirty-Seventh 
Congress,  122  ;  resolution  approving  the  emancipation 
proclamation,  229. 
FESBENDEN,  THOMAS  A.  D.,  Representative  in  Thirty-Seventh 

Congress,  123. 

FESSENDKN,  WILLIAM  PITT,  Senator  in   Thirty-Sixth  Con 
ress,  48;  Thirty-Seventh,  121;  Thirty-Eighth,  140;  \ 
hirty-Ninth,  559;  Member  of  Peace  Conference,  67  ;  j 
amendment  to  bill   to  authorize*  the  sale  of  arms  to 
States,  36;  Secretary  of  the  Treasury,  108. 
FIELD,  A.  P.,  claimant  of  seat  in  Thirty-Eighth   Congress,  • 

and  reports  upon,  141,  586. 
FIELD,  DAVID  DUDLKY,  Member  of  Peace  Conference,  67  ; 

proposition  on  secession,  69. 
FIELD,  RICHARD  S.,  Senator  in   Thirty-Seventh   Congress, 

123;  superseded,  123. 
FINANCES,  Rebel.  363-373,  619. 
FINANCES,  United  States,  35(»-36S,  600,  601. 
FINCK,  WILLIAM  E.,  Representative  in  Thirty-Eighth  Con 

gress,  140;  resolution  on  the  war,  289. 
FINEGAN,  JOSEPH,  Letter  of  Mr.  D.  L.  Yulee  to,  392;  vote 

on  secession  ordinance,  393. 

FJSHBACK,  WILLIAM  M.,  claimant  of  a  seat  in  Senate,  Thirty- 
Eighth  Congress,  141  ;  action  of  Seriate,  320,  321  ;  vote 
in  Arkansas  convention  on  secession,  399;  President's 
letter  to,  322. 

FISHER,  GEORGE  P.,  Representative  in  Thirty-Seventh  Con 
gress.  122;  on  Select  Committee  on  compensated  eman 
cipation,  213;  views  on,  217,  218. 

FISHING  BOUNTIES,  discussed,  21;  votes  on  abolishing,  375, 
376,602;  prohibited  in  li  Confederate"  Constitution,  98, 
100. 

FITCH,  GRAHAM  N  ,  Senator  in  Thirty-Sixth  Congress,  48. 
FiTZi'ATRicK,  BENJAMIN,  Senator  in  Thirty-Sixth  Congress, 
48;   withdrew,  4;    intermediary  between  Col.  Hay  no 
and  President  Buchan  .n,  32. 
FLAG  cp  THE  UMTED  STATES,  ordered  to  be  suppressed  in 

Baltimore,  394. 
FLANDLRS,  BENJAMIN  F.,  Representative  in  Thirty-Seventh 

Congress,  123. 
FLORENCE,  THOMAS  B.,  Representative  in  Thirty-Sixth  Con 

gress,  48;  adjustment  proposition  of,  56. 
FLORIDA,  vote  for  President  in  1860,  i  ;  members  of  Thirty- 
Sixth  Congress,  48.  49;  Deputies  in  Rebel  Provisional 
Congress,  "ll,  400;  Members  of  First  Congress,  401; 
Second,  -102;  secession  movement  in,  3:  sei/ures  and 


gr 
T 


surrenders,  27  ;  vote 


ordinance,  399;  con- 
li  m  of  men  to  tho  war,  339. 
FLOYD,  JOHN  P..,  Secretary  of  War  and  resignation,  33;  in 


structions  to  Maior  Anderson,  31;  removal  of  public 
arms,  34,  35  ;  authori/.ed  to  raise  rebel  troops,  120. 

FOOT,   SOLOMON.   Senator    in    Thirty-Sixth    Congress  48; 
'      Thirty-Seventh,  122;  Thirty-Eighth,  140. 

FOOTE,  HENRY  S.,  Representative  in  First  Rebel  Congress. 
402;  Second,  402;  peace  propositions,  303,  304;  vicwa 
on  retaliation,  304;  expelled,  611;  resolutions  for  a 
Convention  of  the  States,  617. 

FORBES,  JOHN  M.,  Member  of  Peace  Conference,  67. 

FORD,  S.  II.,  Deputy  in  Rebel  Provisional  Congres--,  400. 

FORKIGN  ENLISTMENTS,  alleged,  JJ43-345. 

FOREIGN  MEDIATION,  suggested,  offered  and  declined,  345- 
348;  resolutions  of  Congress  upon,  347  ;  letter  of  Loid 
Lyons  to  Earl  Russell  stating  views  of  New  York  demo 
crats  or  conservatives  upon,  3 17,  348. 

FOREIGN  RELATIONS,  United  States,  338-355. 

FORNEY,  JOHN  W.,  Secretary  of  the  Senate.  121. 

FOUSYTII,  JOHN,  rebel  commissioner  to  Washington,  10S. 

FORT  SUMTER,  surrendered,  27 ;  surrender  demanded  by 
Governor  Pickens,  and  correspondence,  32;  Mobile 
Mercury  on  bombardment  of.  112;  Pryor's  declaration, 
112;  Jeremiah  Clemens'*,  112;  correspondence  prece 
ding  bombardment  between  Anderson  and  Beaure- 
gard,113, 114;  Anderson's  report,  114;  rebel  press  on 
lull,  114. 

FORTRESS  MONROE,  Governor  Letcher's  designs  upon,  23 

FORTS  AND  ARSENALS,  Hunter's  proposal  to  retrocede,  80; 
President  Lincoln's  purpose  to  repossess,  114. 

FOSTER,  LAFAYETTE  S.,  Senator  in,  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140. 

FOSTER,  STEPHEN  C.,  Representative  in  Thirty-Sixth  Cou 
gress,  48 ;  member  of  Peace  Conference,  67. 

FOST.;R,  THOMAS  J..  Representative  in  First  Rebel  Congress, 
401 ;  Second,  402. 

Fouki:,  PHILIP  B.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  1-2. 

FOWLKR,  As  *,  Member  of  Peace  Conference,  67. 

FRANCIIOT,  RICHARD,  Representative  in  Thirty-Sixth  Con- 
gross, 48;  Thirty-Seventh,  1^2. 

FRANCIS,  JOHN  T.,  Receiver  under  rebel  sequestration,  20 i. 

FRANK  AUGUSTUS,  Representative  in  Thirty-Sixth  Congress 
48;  'I  hirty-Sfveuth,  122;  Thirty-Eighth,  140. 

FRANKLIN,  J.  il..  Request  for  special  session  of  Maryland 
Legislature  in  1801,8. 

FRANKLIN,  THOMAS  E.,  Member  of  Peace  Conference,  68; 
proposition  in,  on  secession,  69. 

FRAZIUU, Captain,  allusion  to,  311. 

FREI:DMEN'S  AFFAIRS,  Bureau  of,  259.  260,  594,  53o. 

FREEMAN,  THOMAS  W.,  Deputy  in  Rebel  Provisional  Con 
gress,  400;  Representative  in  First  Congress,  40; 

Freeman's  Journal,  presented  by  grand  jury  and  exclud  -•  1 
from  the  mails,  1SB ;  report  upon,  ISS-lyl ;  Archbishop 
Purcell  upon,  503. 

FREE  METHODIST  CHURCH,  New  York  Conference  of,  oOO, 

FRE;:  NEGROES,  Mr.  Rives's  desire  to  enslave,  282  ;  legisla 
tion  upon,  iu  rebeldom,  282. 

FRELINGHUYSEN.  FREDERICK  T.,  member  of  Peace  Confer 
ence,  67 

FREMONT,  JOHN  C.,  Major  General,  emancipation  proclama 
tion  and  special  military  order  of,  and  correspondence 
concerning,  245-247;  nominated  for  President,  412; 
acceptance  4.3  ;  letters  of  withdrawal,  425-427. 

FRENCH,  EZRA  B.,  Representative  in  Thirty-Sixth  Congrew, 
48 ;  member  of  Peace  Conference,  67. 

FRENCH  IN  MEXICO,  action  of  Congress  and  the  Admiuis -.ra 
tion,  348-354;  Mr.  DeJarnette's  resolution  upon,  617, 
618. 

FRENCH  MEDIATION,  proffered  and  declined,  34: 

FRIEND,  OR  QUAKER  CHURCH,  declarations  of.  503.  504. 

FRY,  JAMES  B.,  Provost  Marsh;;!  General,  order  respecting 
elections,  SOD;  report  on  commutation  clause,  note,  2<i3; 
on  furloughing  drafted  clergymen,  56i. 

FUGITIVE  SLAVE  LAWS,  conflicting  views  in  South  Carolina 
Convention,  18;  amendment  reported  by  House  Com 
mittee  of  Thirty-three,  61 ;  propositions  respecting  ii» 
Senate  Committee  of  Thirteen,  70;  votes  on  acts  of 
1793  and  1850,  231 ;  the  several  bills  to  amend  or  re 
peal,  and  resolutions  relating  thereto,  231-236:  pro- 
ceediu-'s  and  votes,  in  Senate  and  House,  on  the  repeal- 
Ing  bill,  23(5,237;  Attorney  General  Bates's  opinion 
respecting  enforcement  of,  note,  235. 

FUGITIVE  SIAV'ES,  orders  concerning,  in  District  of  Colum 
bia,  245;  General  Halleck's  order  No.  3,  explanation  of, 
and  vote  iu  Congress  concerning,  21S,  and  H'>I  ,253, 
254;  Halleck's  proclamation  excluding  them  from 
camps,  250;  General  Buell's  letter,  offering  to  return, 
250;  General  Hooker's  order  directing  return  and  re 
port  of  facts  respecting,  2«",0;  General  Doubleday'a  or 
der  forbidding  re-turn,  250;  General  Willi  >ms's  order 
to  turn  out  all,  and  arrest  of  Col.  E.  P.  Paine  for  r.-Mis- 
iii*  to  obev,  251 ;  Lieut.  Colonel  D.  R.  Anthony's  order 
concerning,  and  arrest,  251;  Prwsi'Jent  Lincoln's  ordci 
to  General  Schotield,  respecting,  252,  253;  General 


INDEX. 


035 


Grant's  orders,  443,  444;  escapes  of,  between  1850  and  : 
1160,  237. 

l''uGm\Es  FROM  JUSTICE,  bill  respecting,  61. 

FfLLtn,  E.  N.,  liuo  of  for  publishing  articles  against  the  en-  ; 
rolliiK-nt  law,  502 

FULLER,  THOMAS  C.,  Representative  in   Second  Rebel  Con 
gress,  402. 

FUNDING  ACT,  Rebel,  36S-370. 

FUNSIT.N,  DAVID,  Kepresentative  in  First  Rebel  Congress, 
402;  Second,  402. 


GAITHER,  BURGESS  P.,  Representative  in  First  Rebel  Con 
gress,  402 ;  Second,  402. 
GANSON,  JOHN,  Rtpreaentative  in  Thirty-Eighth  Congress, 

140;  resolution  relative  to  arrests  of  citizens,  500. 
GAKDENHIRE,  E.  L.,  Representative  in  First  Rebel  Congress, 

402. 

GARFIELD,  JAMES  A  ,  Representative  in  Thirty-Eighth  Con 
gress,  140;  amendment  to  the  enrollment  bill,  269; 
proposition  on  reconstruction,  319. 

GARLAND,  AUGUSTUS  II.,  Deputy  in  Rebel  Provisional  Con 
gress,  400 ;  Representative  i'u  First  Congress,  401 ; 
Second,  402;  Senator  in  same,  402;  votes  in  secession 
convention  of  Arkansas,  399. 

GARLAND,  RUFCS  lv..  Representative  in  Second  Rebel  Con 
gress,  402 ;  votes  in  secession  convention  of  Arkansas, 
399. 

GARLINGTON,  ALBERT  G.,  Secretary  of  Interior  of  the  Re 
public  of  South  Carolina,  2. 

GARNETT,  MUSCOE  R.  II.,  Representative   in   Thirty-Sixth 
Congress,  49;  address   to  the   people  of  Virginia.  40; 
remarks  upon  Peace  Couferehce  proposition,  70;  Rep 
resentative  in  First  Rebel  Congress,  402 ;  death,  402. 
GARRETT,  J>  HN  W.,  Commissioner  iroin  Alabama  to  North 

Carolina,  11 ;  received  by  Convention,  5. 
GARRISON,  Judge,  of  Brooklyn,  Proceedings  of,  152. 
GARTKELL,  Lucius  J.,  Representative  in  Thirty-Sixth  Con 
gress,  49;    sent    telegram    South,   37;    withdrew,  3; 
Representative  in  First  Rebel  Congress,  401 ;     Second, 
402. 
GATCHELL,  WILLIAM  II.,  Police  Commissioner,  arrest  of,  and 

reason  for,  152;  minutes  of  Board,  393,  394. 
GENERALS  UNEMPLOYED,  proceedings  in  Congress  concern 
ing,  -85;  joint  resolution  proposed,   to  drop  from  the 
rolls  of  the  army  certain,  '-85,  565,  566  ;    reply  of  Sec 
retary  of  War  to  resolution  of  inquiry  concerning, 
285. 
GENTRY,  MEREDITH  P.,  Representative  in   First  Rebel  C  ou- 

gress,  402. 

GEORGIA,  vote  of,  for  President,  in  1860, 1 ;  members  of 
Thirty-Sixth  Congress,  48,  49;  Deputies  in  Rebel  Provi 
sional  Congress,  11,  400 ;  Members  of  First  Rebel  Con 
gress,  401;  Second,  402;  secession  movement  in  Con 
vention  and  Legislature  of,  3;  ratified  Confederate 
Constitution,  3;  Inter-State  Commissioners,  11 ;  Su 
preme  Court  confirm  the  constitutionality  of  the  anti- 
substitute  law,  120:  peace  measures  and  discussion 
in  Legislature,  304,  621,  622;  action  of  Legislature  on 
reconstruction,  329;  liabtas  corpus,  399;  men  in  the 
army,  399. 

GERMAN  REFORMED  CHURCH,  action  of,  482. 
GHOLSON,  THOMAS  S.,  Representative  in  Second  Rebel   Con 

gress,  402. 
GILBERT,  Colonel,  resolution   respecting  his   dispersion   of 

a  convention  in  Kentucky,  181. 

GILF.S,  THOMAS  T.,  Receiver  under  rebel  sequestration,  204 
GILMEK,  FRANK,  Commissioner  from  Alabama  to  Virginia, 

SL 

ftiLMKR,  JOHN  A.,  Representative  in  Thirty-Sixth  Congress 
49;  member   of  Border-States  Committee,  73  ;  Repre 
sentative  in  Second  Rebel  Congress,  402. 
GILMORE,  JAMES  R.,  Jeff.  Davis'*  declaration  to,  307. 
GIST,  WILLIAM  II.,  Governor  of  South  Carolina,  message  of, 

2;  vote  on  secession  ordinance.  399. 
GLASS,  R.  II.,  Postmaster  at  Lyuchburg,  Va.,and  New  York 

Tribune,  192. 
GLENN,  LUTHER  J.,  Commissioner  from  Georgia  to  Missouri 

11;  received  by  Missouri  Convention,  9. 
GLOVER,  .IOIIN  J.,  of  Arkansas,  cuurt-martial  proceedings  for 

murder  of  a  slave  master,  550,  551. 
GOGGIN,  WILLIAM   L.,  Speech  of  in  Virginia  Convention,  6; 

vote  on  secession  ordinance,  iwte,  7. 
GOLD,  motion  to  pay  soldiers  in,  or  equivalent,  272;  propo 
sition  to  pay  officers,  soldiers,  contractors  for  supplies 
in,    358;  Mr.  Chase's   letter,  respecting  redemption  ol 
public  loans,  in,  note,  367 
GOLDSBOROUGH,  WILLIAM  T.,  Member  of  Peace  Conference 

68. 

GOOCH,  DANIEL  W.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh.  122:  Thirty-Eighth,  140. 
GOODE,  JOHN,  JR.,  resolution  of,  in  Virginia  Convention,  6 
vote  on  ordinance  of  secession,  "f^f,  7  ;  Representative 
in  First  Rebel  Congress,  402 ;  Second,  402. 


GOODRICH,  JOHN  Z..  Member  of  Peace  Conference,  67. 
GOODWIN,  JOHN  N.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

GORDON,  J.  II.,  arrest  of.  102, 153. 

GOVERNORS,  of  the  northern  States,  responses  of,  to  the 
i'i  c.-ident's  call  for  troops,  114;   of  southern  States,, 
defiant  responses  of,  to  same,  114,  llu ;  address  of  loyal 
Governors,  232,  2o3  ;  address  of  rebel,  430. 
GRAHAM,  JAMES  II.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 
JRAHAM,  MALCOLM  D.,  Representative  in  First  Rebel  Con 

gress,  402. 
JRAHAM,  WILLIAM  A.,  Senator  in  First  Rebel  Congress,  401; 

Second, 402. 
SRANGER,  BRADLEY  F.,  Representative  in  Thirty-Seventh 

Congress,  122. 
GRANGER,  GIDEON,  Letter  of,  respecting  colored  mail  carriers, 

note,  239. 

GRANT,  ULYSSES  S.,  appointed  Lieutenant  General,  116;  Lu 
cius  Robinson  suggested  his  nomination  at  Cleveland, 
413;  letter  to  President  Lincoln  on  his  campaign  of 
1864,420;  his  Memphis  letter  accepting  a  reception. 
434;  letters  to  Mr.  E.  1J.  Washburne  on  slavery  and  re 
construction,  434;  on  the  draft,  434;  on  protecting 
colored  soldiers,  44f> ;  orders  respecting  fugitive  slave*, 
4i3,  444;  despatches  respecting  Hampton  Roads  Con 
ference,  507,  60S ;  letter  of  August  30,  1863,  on  recon 
struction,  nob:,  571;  correspondence  with  General  Lee 
respecting  military  convention,  572,  573. 
GrEAY,  I'ETEr.  W..  Representative  in  First  Rebel  Congress.' 

402. 

GREELEY,  HORACE,  Correspondence  of,  and  a  Virginia  post-' 
master,  respecting  suppression  of  the   Tribune,  192; 
President's  letter  to,  334;  the  Niagara  Conference,  301- 
303;  letter  to  President  Lincoln  preceding  it,  003. 
GREEN,  JAMES   S.,  Senator  in  Thirty-Sixth   Congress,  48; 
telegram  to  Missouri  on  first  vote  on  Mr.  Crittenden's 
adjustment  proposition,  39. 
GREEN,  N.  II..  request  for  special  session  of  the  Legislature 

of  Maryland,  8. 
IREGG,  JOHN,  Deputy  in  Rebel  Provisional  Congress,  11, 

400. 
GREGG,  MAXCY,  remarks  in  South  Carolina  Convention,  17  ; 

vote  on  secession  ordinance,  399. 
GKIDEI:,  HENKY,  Representative  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140:   on  compensated  emancipa 
tion,  2I3-2J7  ;  resolutions  relative  to  compensation  ol 
loyal  slave-owners,  565. 
GRIER,  ROBERT  C.,  Judge,  charge,  respecting  the  suppression 
of  the  Waft  Chester  (Pa.)  Jeff'crsanian,  431-442;  opinion 
on  ''legal,  tender "  act,  454.  455. 
GRIMES,  JAMES  W.,  Senator  in  Thirty-Sixth  Congress,  4S; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  member  of 
Peace  Conference,  68;  of  Committee  of  Thirteen,  70;. 
proposition  for  constitutional  convention,  6i;  bill  for 
relief  of  Robert  Small,  239;  amendments  to  enrollment 
bill,  264,  265;  resolution  relating  to  the  war,  291. 
GRINNELL,  JOSIAH  B.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolutions  approving  the  enlistment  of 
colored  persons,  271,  touching  General  J.  M.  Tuttle's 
Natchez  order,  253,  on   newspaper   suppression,  194, 
on  confiscating  deserters'  property,  564. 
GRISWOLD,  JOHN  A.,  Representative  in   Thirty-Sixth  Con 
gress,  140. 

GROESBECK,  WILLIAM  S.,  Member  of  Peace  Conference,  68. 
GROW,  GALUSHA  A.,  Representative  in   Thirty-Sixth  Con- 

fress,  48;  Representative  in,  and  Speaker  of  House, 
hirty-Seventh  Congress,  122. 

GUERRILLAS,  legislation  upon,  271;  bill  reported  in  the 
House  to  punish,  271 ;  proceedings  upon  in  Senate,  271. 

GUERRILLAS,  Rebel  legislation  upon,  119 ;  commission  under, 
119 ;  Virginia  resolutions  respecting,  119. 

GURLEY,  JOHN  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  Thirty-Seventh,  122. 

GUTHRIE,  JAMES,  Member  of  Peace  Conference,  68;  votes 
for  Vice  President  in  the  Democratic  National  Con 
vention,  420. 

GWIN,  WILLIAM  M.,  Senator  in  Thirty-Sixth  Congress,  48. 

GVTINN,  C.  J.  M.,  telegram  respecting  interview  with  Gen 
eral  Keuton  Harper,  393. 


HABEAS  CORPUS,  writ  of,  Opinions  of  Chief  Justice  T.iney, 
155-158;  Attorney  General  Bates,  158-161;  Horace 
Binney,  161,162;  Theophilus  Parsons,  162;  suspension 
of,  in  certain  cases,  177  ;  general  suspension,  177,  178; 
in  Ilogau's  case,  562;  in  Kentucky,  178;  General  Mc- 
Clellan's  order  to  Geneial  Banks  to  suspend,  if  neces 
sary.  179;  power  given  lo  Military  Governors.  179;  re 
solutions  concerning,  Ib2, 183;  act  for  suspension,  and 
proceedings  and  voles  upon.  183-18f» ;  reply  of  Reveidy- 
Johnson  to  Chief  Justic-e  Taney,  nnte.  155. 

HABEAS  CORPUS,   Rebel   suspensions  of,  121;  resolution* 


636 


INDEX. 


and  legislation  upon,  187,  188,618,619;  State  Legis 
latures  upon,  399;  North  Carolina  Supreme  Court  on, 
120. 

WACKLEMAN,  PLEASANT  A.,  Member  of  Peace  Conference,  68. 

HAHN,  MICHAEL,  Representative  in  Thirty-Seventh  Congress, 
123;  Free  State  Governor  of  Louisiana,  321;  Message, 
435;  credentials  of,  as  Senator,  588. 

HAIGHT,  EDWARD,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

tlALK,  JAMES  T.,  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  member 
of  Border-States  Committee,  73. 

HALF,,  JOHN  P.,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  121;  Thirty-Eighth,  140;  motion  to 
amend  bill  to  repeal  fugitive  slave  laws,  237. 

HALE,  STEPHEN  F.,  Commissioner  from  Alabama  to  Ken 
tucky,  11;  Deputy  in  Rebel  Provisional  Congress,  11,400. 

HALL,  CHAPIN,  Representative  in  Thirty-Sixth  Congress, 48. 

HALL,  HILAND,  Member  of  Peace  Conference,  67. 

HALL,  THOMAS  W.,  arrest  of,  153. 

HALL,  WILLARD  P.,  Brigadier  General,  order  respecting  elec 
tions,  314. 

HALL,  WILLIAM  A.,  Representative  in  Thirty-Seventh  Con 
gress,  133;  Thirty-Eighth,  140;  at  Border  State  inter 
view  with  the  President,  211 ;  views  on  compensated 
emancipation,  213-217. 

HALLKCK,  HENRY  WAGER,  Major  General,  order  and  procla 
mation  excluding  fugitive  slaves  from  his  lines,  and 
explanation  of  the  former,  248,  250. 

HAMILTON,  ANDREW  J.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

HAMILTON,  J.  A.,  General  Jackson's  letters  to,  435. 

HAMLIN,  HANNIBAL,  Senator  in  Thirty-Sixth  Congress  and 
resignation.  48 ;  elected  Vice  President  MI  November, 
1860,  and  President  of  the  Senate,  Thirty-Seventh  and 
Thirty-Eighth  Congresses,  122,  140;  vote  for  Vice 
President  in  Union  National  Convention,  407. 

HAMMOND,  JAMES  II.,  Senator  in  Thirty-Sixth  Congress, 48; 
resignation,  2;  extract  from  spuech  in  1858,  26. 

HAMPTON  ROADS  CONFERENCE,  facts  respecting,  566-572. 

HANCHETT,  LUTHER,  Representative  in  Thirty-Seventh  Con 
gress,  122;  death,  123. 

HANDY,  A.  II.,  Commissioner  from  Mississippi  to  Maryland, 
and  answer  of  Governor  Hicks,  8  ;  speech  at  Baltimore, 
8;  appointment  of,  11. 

HANLY,  THOMAS  B.,  llepreseiitutiveia  First  Rebel  Congress, 
401 ;  Second.  402,  vote  on  Secession  Convention  of 
Arkansas,  399. 

HARDEMAN,  THOMAS,  JR.,  Representative  in  Thirty-Sixth 
Congress,  49  ;  withdrew,  2. 

HARDING.  AARON,  Representative  in  Thirty-Seventh  Con 
gress,  l'2'2;  Thirtv-Eiglith,  140:  ou  emancipation, 
213-217  ;  propositions,  2,">9.  284,  327. 

HARDING,  BENJAMIN  P.,  Senator  from  Oregon,  123. 

HARDING,  CHARLES  B.,  Commissioner  from  Legislature  of 
Maryland  to  visit  Jefferson  Davis,  and  report  of,  9. 

HARLAN,  JAMES,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  Member  of 
Peace  Conference,  68;  Secret  try  of  the  Interior,  610. 

HARLL:;E,  W.  W.,  Postmaster  General  of  the  republic  of 
South  Carolina,  2  ;  vote  on  seccosion  ordinance,  399. 

HARPER,  KENTON,  Rebel  general,  telegrams  from,  393. 

HARRINGTON,  HENRY  W.,  Representative  in  Thirty-Eighth 
Congress,  140;  resolutions  on  habeas  corpus,  &c.,  182. 

HARRIS,  B.  D.,  Member  of  Peace  Conference,  67. 

HARRI j,  BENJAMIN  G.,  Representative  in  Thirty-Eighth  Con 
gress,  140 ;  votes  on  his  expulsion,  and  censure,  387. 

HARRIS,  CHARLES  M.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

HARRIS,  IRA,  Senator  in  Thirty-Seventh  Congress,  122;  in 
Thirty-Eighth,  140;  proposition  relative  to  representa 
tion  in  the  Electoral  College,  578. 

HARRIS,  ISH.VM  (J.,  Governor  of  Tennessee,  proclamation  of, 
5  ;  reply  to  President  Lincoln's  call  for  troops,  115. 

HARRIS,  J.  MORRISON,  Representative  in  Thirty-Sixth  Con 
gress,  4'J;  Member  of  Border-States  Committee,  73. 

HARRIS,  JOHN  T.,  Representative  in  Thirty-Sixth  Congress, 
49;  hopeful  despatch  of,  39;  Member  of  Border-States 
Committee,  73. 

HARRIS,  THOMAS  A.,  Deputy  in  Rebel  Provisional  Congress, 
400;  Representative  in  First  Congress,  402. 

HARRIS,  WILLIAM  L.,  Commissioner  from  Mississippi  to 
Georgia,  11. 

HARRIS,  WILEY  P.,  Deputy  in  Rebel  Provisional  Congress. 
11,400. 

HARRISON.  JAMES  T.,  Deputy  in  Rebel  Provisional  Congress, 
11,400. 

HARI.ISON,  RICHARD  A.,  Representative  in  Thirty-Seventh 
Congress,  122. 

<H.\i:iuso.\,  WILLIAM  G.,  arrest  of,  152;  minutes  of  tho 
B«.ard  01  Police  Commissioners,  393,394. 


HARTRIDGE,  JULIEN,  Representative  in  First  Rebel  finjrrm. 
401;  Second,  402. 

HARTSUFF,  GEORGE  L.,  Major  General,  order  respecting  im 
pressments,  315. 

HARVIE,  LEWIS  E.,  resolution  and  report  in  Virginia  Con 
vention^;  vote  on  secession,  note,  7  ;  commissioner  in 
making  military  league,  8. 

HARWOOD,  SPRIGG,  request  for  called  session  of  the  Legis 
lature  of  Maryland  in  1861,  8;  vote  in  S-uate  of  Mary 
land  on  tho  anti-slavery  amendment,  597. 

HASKIN,  JOHN  B.,  Representative  in  Thirty-Sixth  Congress, 
48;  adjustment  proposition  of.  53:  Mr.  Pendleton's 
letter  to,  422. 

HATCHER,  R.  A.,  Representative  in  Second  Rebel  Congress, 
402. 

HATTON,  ROBERT,  Representative  in  Thirty-Sixth  Con- 
press,  49;  member  of  Border-States  Committee,  73. 

HAWKINS,  GEORGE  8.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  telegram  of,  37  ;  declaration  of,  53;  with 
drew,  3;  allusion  to.  392. 

HAWKNS,  ISAAC  R.,  Member  of  Peace  Conference,  67. 

HAY,  JOHN,  at  Niagara  Falls  conference,  301-303. 

HAYNE,  IBAAO  W.,  Commissioner  from  South  Carolina  to 
Washington,  32;  correspondence  with  President  Bu 
chanan,  32-34;  vote  on  secession  ordinance.  399. 

HAYNES,  LANDON  C.,  Receiver  under  rebel  sequestration, 
204:  Senator  in  First  Rebel  Congress,  401 ;  Second,  402. 

HAITI,  Bill  for  recognition  of,  239  ;  President  Lincoln's  re 
commendation  of,  130. 

HECKART,  FRANKLIN,  arrest  of,  152. 

HEINTZELMAN,  SAMUEL  P.,  Major  General,  order  of,  respect 
ing  the  sale  of  arms,  note,  418. 

HEISKELL,  JOSEPH  B.,  Representative  in  First  Rebel  Con 
gress,  402;  Second,  402. 

HELMICK,  WILLIAM,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

HEMPHILL,  JOHN,  Senator  in  Thirty-Sixth  Congress,  48;  in 
termediary  between  Colonel  Hayne  and  President  Bu 
chanan,  32;  Deputy  in  Rebel  Provisional  Congress,  11, 
400;  death,  401. 

HENDERSON,  JOHN  B.,  Senator  in  Thirty-Seventh  Congress, 
123;  'ihirty-Eighth,  140;  reply  to  the  President's  ap 
peal  to  the  Border  States,  218-220;  proposed  amend 
ments  to  the  Constitution,  255  ;  amendments  to  bill  to 
employ  colored  persons,  275;  proposition  in  Louisiana 
case,  580. 

HENDRICKS,  THOMAS  A.;  Senator  in  Thirty-Eighth  Congress, 
140;  motion  on  confiscation,  20-i;  motion  on  enroll 
ment,  2o4;  amendment  to  bill  to  punish  guerrillas, 
271;  amendment  on  the  pay  of  soldiers,  278  ;  on  en 
rollment  bill,  563. 

HENRY,  GUSTAVUS  A.,  Commissioner  for  Tennessee  in 
leaguing  lier  with  the  Confederate  States,  5;  aid  to 
General  Pi  Mow,  401 ;  Senator  in  First  Rebel  Congress, 
401;  Second,  402;  on  Declaration  of  Independence, 
614;  resolutions  respecting  peace,  615,  616. 

Herald,  Sl/aata,  upon  a  Pacitic  republic,  42. 

HERBERT,  CLARK  C.,  Representative  in  First  Rebel  Congress, 
402;  Second, 402. 

HERRICK,  ANSON,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

HICKERSON,  WILLIAM,  Member  of  Peace  Conference,  68. 

HICKMAN,  JOHN.  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  proposition  on  colored  sol 
diers,  376;  Keitt's  comment  on  Hickman's  declaration 
against  disunion,  390. 

HICKS,  THOMAS  II..  Governor  of  Maryland,  declined  to  call 
special  session  of  the  Legislature,  8 ;  reply  to  A.  H. 
Handy,  Commissioner  from  Mississippi,  8  ;  address 
against  secession,  9;  letter  of  John  B.  Brooke  and  E. 
G.  Kilbourn  to,  asking  that  the  Legislature  be  con 
vened,  9;  letter  to  General  Butler,  reply  of  latter,  and 
protest  of  former,  9;  proposed  member  of  Board  of 
Public  Safety,  9:  reply  to  President's  first  call,  114; 
Secretary  Seward's  letter  to,  on  foreign  mediation, 
345  ;  Senator  in  Thirty-Seventh  Congress.  123;  Thirty- 
Eighth,  140;  death,  559. 

HIGHY.  WILLIAM,  Representative  in  Thirty-Eighth  Con 
gress,  141. 

Hi'iiiiNsoN,  T.  W.,  Colonel,  resolution  concerning,  244. 

HILL,  BENJAMIN  H.,  Deputy  in  Rebel  Provisional' Congress, 
11,400;  Senator  in  First  Rebel  Congress,  401;  Second, 
402 :  views  on  sequestration,  205. 

HILL,  Jo§HCA,  Representative  in  Thirty-Sixth  Congress, 
49 ;  resigned,  3. 

UILI.IARD,  HENRY  W.,  Commissioner  for  Confederate  States 
in  making  the  league  with  Tennessee.  5. 

HILTON,  RODERT  B.,  Representative  in  First  Rebel  Con 
gress,  401;  Second, 402. 

IIi.NDMvx,  THOMAS  C.,  Representative  in  Thirty-Sixth  Con 
gress,  4!);  sent  telegram  south,  37;  adjustment  pro 
position  of,  »4;  remark  upou  Peace  Conference  propo- 
bition,  70. 


INDEX. 


63T 


HINKS,  CHARLES  B.,  Police  Commissioner,  arrest  of,  and 
reasons  for,  152;  minutes  of  board,  393,  394. 

HITCHCOCK,  REUBEN,  Member  of  Peace  Conference,  68. 

HOARD.  CHARLES  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

HODC.E,  B.  L.,  Representative  in  Second  Rebel  Congress, 
and  retired,  402. 

HODGE,  GEORGE  B.,  Member  of  bogus  Legislative  Council 
of  Kentucky,  8;  Deputy  in  Rebel  Provisional  Con 
gress,  400;  Representative  in  First  Congress,  401; 
Brigadier  General,  402. 

HODGES,  A.  0.,  Colonel,  President  Lincoln's   letter  to,  336. 

HODGSO.V,  JOHN,  damages  for  the  seizure  of  his  press,  441, 
442. 

HOGAN,  CHRISTOPHER,  Order  of  President  Lincoln  on  im 
prisonment  of,  562. 

HOGAN,  JOHN,  arrest  of,  153. 

HOGAN,  JOHN,  Reverend,  explanatory  note  of  President 
Lincoln  to,  note,  522. 

HOKE,  MR.,  elected  adjutant  general  of  North  Carolina,  5. 

HOLCOMBE,  JAMKS  I'.,  vote  on  secession  ordinance  in  Vir 
ginia  Convention,  note,  7  ;  commissioner  of  Virginia  in 
making  a  league  with  the  Confederate  States,  8;  Rep 
resentative  in  First  Rebel  Congress,  402;  Niagara  Falls 
correspondence,  301-303. 

HOLDEN,  WILLIAM  W.,  card  to  the  people  of  North  Carolina, 
note,  301. 

HOLDER,  WILLIAM  D.,  Representative  in  First  Rebel  Con 
gress,  402;  Second,  402. 

HOLLADAY,  F.  W.  M  ,  Representative  in  Second  Rebel  Con 
gress,  402. 

HOLMAN,  WILLIAM  S.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  Thirty-Eighth.  140; 
propositions  of  adjustment,  54,  56;  proposition  on  com 
mutation,  261 ;  substitute  for  the  enrollment  bill,  261 ; 
amendment  to  the  army  appropriation  bill,  278; 
amendment  to  homestead  bill,  284;  resolution  respect 
ing  unemployed  army  officers,  285;  resolution  on  main 
taining  the  integrity  of  the  Union,  285;  resolution 
affirming  the  resolution  of  J.  J.Crittenden,  adopted  by 
the  House  .July  22,  1801,  287  ;  resolutions  respecting 
the  prosecution  of  the  war,2S7,  288,  289,  292;  amend 
ments  to  the  loan  bill,  respecting  State  taxation.  359, 
360 ;  proposed  increase  of  pay  of  soldiers,  271. 

HOLSTON  CONFERENCE  OF  METHODIST  EPISCOPAL  CHURCH 
SOUTH,  action  of,  546. 

HOLT,  HINES,  Representative  in  First  Rebel  Congress,  401 ; 
peace  proposition,  303. 

HOLT,  JOSEPH,  Secretary  of  War,  and  resigned  as  Postmas 
ter  General,  28;  letter  to  Fitzputrick,  Mallory,  and 
Slidell,  in  regard  to  Fort  Sumter,  32;  report  on  the 
subject  of  quartering  troops  in  the  District  of  Colum 
bia,  81,  82;  opinion  on  newspaper  exclusion  from  the 
mails,  190;  vote  for  Vice  President  in  Union  National 
Convention,  407 ;  report  on  secret  orders,  445-454 ;  on 
Rev.  James  D.  Armstrong's  case,  542,  543;  on  sundry 
courts-martial,  549-551 ;  on  release  of  prisoners,  559. 

HOMESTEADS  FOR  SOLDIERS,  proceedings  and  votes  respect 
ing,  284,  285. 

HOOKER,  C.  E.,  Commissioner  from  Mississippi  to  South 
Carolina,  11. 

HOOKER,  JOSEPH,  General,  order  of,  directing  fugitive  slaves 
to  be  returned  to  their  masters,  250. 

HOOPER,  J.  JOHNSON,  Secretary  of  the  Rebel  Provisional 
Congress,  400. 

HOOPER,  SAMUEL,  Representative  in  Thirty-Seventh  Con 
gress,  123;  Thirty-Eighth,  140. 

HOPKINS,  A.  F.,  Commissioner  from  Alabama  to  Maryland, 

HOPKINS,  JOHN  H.,  Bishop  of  Vermont,  Protest  of  in  House 
of  Bishops,  and  rejected  pastoral  letter  of,  489-491 ;  pro 
test  of  Pennsylvania  Episcopalians  against  his  defence 
of  slavery,  493,  494. 

HOPKINS,  JUD'GE,  Richmond,  John  S.  Preston's  telegram  to, 
40. 

HOPPIN,  WILLIAM  W.,  Member  of  Peace  Conference,  67. 

HORTON,  VALENTINE  B.,  Member  of  Peace  Conference,  68 ; 
Representative  in  Thirty-Seventh  Congress,  122. 

HOTCHKI.SS,  GILES  W.,  Representative  in  Thirty-Eighth 
Congress,  140. 

[IOUGH,  HARRISON,  Member  of  Peace  Conference,  68. 

HOUSE,  JOHN  F.,  Deputy  in  Rebel  Provisional  Congress,  400. 

HOUSER,  EDWARD,  arrest  of,  153. 

HOUSTON,  GEORGE  S.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  withdrew,  4;  member  of  Committee  of  Thir 
ty-three.  53. 

HOUSTON,  JOHN  W.,  Member  of  Peace  Conference,  68. 

HOUSTON,  SAM,  Governor  of  Texas,  deposed,  4;  protest, 4. 

HOWARD,  BENJAMIN  C.,  Member  of  Peace  Conference,  68. 

HOWARD,  CHARLES,  Police  Commissioner,  arrest  of,  and  rea 
son  for,  152 ;  application  to  Congress  and  result,  179 ; 
minutes  of  the  board,  393,  394. 

HOWARD  COUNTY.  (Md..)  meeting,  in  1861,  resolution  for 
Southern  Confederacy,  9. 


HOWARD.  F.  K.,  arrest  of,  152. 

HOWARD,  JACOU  M.,  Senator  in  Thirty-Seventh  Congress, 
123;  Thirty-Eighth,  140;  amendment  to  national  cur 
rency  act,  361. 

HOWARD,  WILLIAM,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

HOWARD,  WILLIAM  A.,  Representative  in  Thirty -Sixth  Con 
gress,  49;  resolution  for  Select  Committee  on  Military 
and  Naval  Affairs,  chairman  of,  80;  report,  80;  report* 
of  committeeu  80-85. 

HOWE,  TIMOTHY  0..  Senator  in  Thirty-Seventh  Congress 
122;  Thirty-Eighth,  140;  bill  to  repeal  the  fugitive 
slave  law,  235. 

HUBBARD,  ASAHEL  W.,  Representative  in  Thirty-Seventh 
Congress,  140. 

HUBBARD,  JOHN  II.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolution  to  instruct  the  Judiciary  Com 
mittee  to  report  bill  to  repeal  fugitive  slave  law,  236. 

HUGHES,  GEORGE  W.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

HULBURD,  CALVIN  T.,  Representative  in  Thirty-Sixth  Con 
gress,  140. 

HUMPHREY,  JAMES,  Representative  in  Thirty-Sixth  Con 
gress,  48;  member  of  Committee  of  Thirty-three,  53; 
recommendations  of  New  York  city  members  to,  74. 

HUNT,  WASHINGTON,  Letter  of  George  N.  Sanders  to,  SCO  ; 
proposed  resolution  of  at  Democratic  National  Con 
vention,  418. 

HUNTER,  DAVID,  Major  General,  emancipation  proclamation 
of,  250;  President's  revocation,  251. 

HUNTER,  ROBERT  M.  T.,  Senator  in  Thirty-Sixth  Congress, 
48;  address  to  people  of  Virginia,  40;  member  of  Com 
mittee  of  Thirteen,  70;  extract  from  speech  at  Char- 
lottesville,  26;  plan  of  adjustment  of,  80-88 ;  commis 
sioner  of  "Confederate"  government  in  making  mili 
tary  league  with  Missouri,  11:  colloquy  with  Senator 
Baker,  88;  Deputy  in  Rebel  Provisional  Congress,  400; 
Secretary  of  State  in  Provisional  administration,  4CO; 
Senator  in  First  Congress,  401 ;  Second,  402  ;  notes  at. 
and  report  of,  the  Hampton  Roads  Conference,  507, 
568,  569,  571 ;  president  of  a  war  meeting  in  Richmoudt 
572. 

HUNTER,  WILLIAM  W.,  United  States  Navy,  denied  the  use 
of  a  steamtug  in  Baltimore  waters,  393. 

HURLSUT,  S.  A.,  Major  General,  order  respecting  elections 
iu  Kentucky,  313. 

HUTCHINS,  JOHN,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  adjustment  proposition,  55. 

HUTCHINS,  WELLS  A.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

HYER,  SAMUEL,  Deputy  in  Rebel  Provisional  Congress,  400. 


ILLINOIS,  vote  of,  for  President  in  1860,1;  in  1864,  623; 
members  of  Peace  Conference,  68;  of  Thirty-Sixth  Con 
gress,  48,  49 ;  of  Thirty-Seventh,  122 ;  oi-Thirty-Eighth, 
140;  no  "personal  liberty"  law,  47  ;  proposed  negro 
suffrage,  and  residence  in~note,  241 ;  vote  of  legislature 
on  ratifying  the  anti-slavery  amendment,  SOS. 

IMPORTS,  Mr.  Bingham's  bill  to  provide  for  collection  of 
duties,  78;  Mr.  John  Cochrane's,  with  hisviows,  70,  SO. 

INAUGURAL  ADDRESSES,  Abraham  Lincoln's,  105-108,  608. 

INCOME  TAX,  special  war,  357 ;  Rebel,  370-372, 613,  614. 

INCOMPATIBILITY  of  civil  and  military  office,  375. 

INDEMNITY  ACT,  passage  of,  183-185 ;  protest  against  by 
thirty-seven  Representatives,  185 ;  sustained  by  New 
York  Supreme  Court,  185, 186;  like  acts  by  Legislature 
of  Maryland,  396. 

INDEPENDENCE,  rebel  demand  of,  and  terms,  303,  307,  329- 
332, 614-618. 

INDEX  to  the  Constitutions  of  the  United  States  and  the 
"  Confederate"  States,  100-103. 

INDIANA,  vote  for  President  in  1860,1;  in  1864,  623;  mem 
bers  of  Peace  Conference.  68 ;  Thirty-Sixth  Congress, 
48,49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  no 
"personal  liberty"  law,  47 ;  vote  of  legislature  on  rati 
fying  the  anti-slavery  amendment,  598. 

INDIANS,  proposed  enlistment  of,  votes  in  Senate  on,  264. 

INGERSOLL,  EBON  C.,  Representative  in  Thirty-Eighth  Con 
gress,  141;  amendment  to  enrollment  act,  269;  pro 
position  relative  to  peace,  577. 

INGLIS,  JOHN  A.,  remarks  in  South  Carolina  Convention, 
16,  17  ;  vote  on  secession  ordinance,  399. 

INSLEY,  A.  H.,  report  in  Baltimore  Convention,  405. 

INSTRUCTIONS,  general,  of  the  War  Office,  247,  248. 

INSURRECTION,  boundaries  declared,  150;  bill  to  suppress, 
77,  78;  bill  to  suppress,  and  for  other  purposes,  196, 197. 

INSURRECTIONARY  STATES,  enlistments  in,  2C5,  266,  269,  and 
repeal  of,  note,  503 ;  electoral  vote  of,  318-320,577-579; 
resolutions  concerning,  322—329;  vote  of  representa 
tives  in  Baltimore  Convention,  405. 

INTERCOURSE,  commercial,  with  insurrectionary  States,  pro- 
proclamatious  respecting,  149,  1GO. 


638 


INDEX. 


TNTFRT.ST,  provision  respecting,  in  national  currency  act, 
363. 

INTERNAL  REVENUE,  act  of  1862,  proceedings  on  passage, 
361;  act  of  1864,362. 

!MI  ;:  ST\TI;  COMMISSIONERS,  names  of,  11. 

IOWA,  vote  of,  for  President  in  1SCO,  1;  in  1864,  623;  mem 
bers  of  Peace  Conference,  68;  Thirty-Sixth  Congress, 
48,49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  per 
sonal  liberty  law,  lias  no,  46. 

IRVINE,  WILLIAM,  Representative  in  Thirty-Sixth  Congress, 
48. 

IVERSON,  ALFRED,  Senator  in  Thirty-Sixth  Congress,  48; 
withdrew,  3;  intermediary  between  Col.  llayne  and 
President  Buchanan,  32;  sent  telegram  South;  37. 


JACKS,  T.  M.,  Claimant  of  seat  as  Representative  from  Ar 
kansas,  and  refused,  141 ;  vote  in  Arkansas  Convention 
on  abolishing  slavery,  332;  report  on  credentials  of, 
586,  587. 

JACKSON,  ANDREW,  letters  on  nullification,  secession,  and  dis 
union,  389,  435. 

JACKSON,  CLAIBORVE  F.,  Governor  of  Missouri,  reply  to 
President's  first  call  for  troops,  115. 

JACKSON,  JAMBS,  Representative  in  Thirty-Sixth  Congress, 
49;  withdrew,  3. 

JACKSON,  JAMES  S.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  death,  123;  on  compensated  emancipation, 
213-217. 

JACOB,  RICHARD  J.,  Colonel,  resolution  relative  to  imprison 
ment  of,  and  reply,  5t>0. 

JAMES,  AMAZIAH  B.,  Member  of  Peace  Conference,  67. 

JAMISON,  DAVID  F.,  Secretary  of  War  of  the  republic  of 
South  Carolina,  2;  despatches  of  throughout  the 
South,  39  ;  vote  on  secession,  309. 

JEMI.SON,  ROBERT,  Senator  in  First  Rebel  Congress,  401;  Sec- 
cond, 402. 

JENCKKS,  THOMAS  A.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  proposition  relative  to  guerrillas,  561. 

JENKINS,  ALBERT(».,  Representative  in  Thirty-Sixth  Con 
gress,  49;  address  to  the  people  of  Virginia,  40;  adjust 
ment  proposition  of,  55;  Representative  in  First  Rebel 
Congress,  and  resignation,  402;  death,  402. 

JOHNSON,  ANDREW,  Senator  in  Thirty-Sixth  Congress,  48; 
in  Thirty-Seventh,  122;  remarks  on  defeat  of  the  Crit- 
tenden  compromise,  06;  adjustment  proposition  of,  73; 
resolution  respecting  the  cause  and  objects  of  the  war, 
2SG;  nominated  for  Vice-President,  407;  acceptance, 
40J;  appointed  as  Military  Governor  of  Tennessee, 
436;  proclamation  for  election  for  presidential  electors. 
436-138;  protest  against,  438-441;  orders  as  Military 
Governor  respecting  certain  clergymen,  542:  popular 
vote  for  Vice  Presidency,  623;  became  President  of 
the  United  States,  610. 

JOHNSON,  BRADLEY  T.,  Marshal  Kane's  telegram  to,  and  re 
ply,  note,  392,  393. 

JOHN.SON,  GEORGE  W.,  bogus  Governor  of  Kentucky,  8. 

JOHNSON,  HERSCHEL  V.,  Senator  in  First  Rebel  Congress, 
401:  Second,  402;  views  on  sequestration,  205;  Letter 
on  Peace,  433,  434. 

JOHNSON,  JAMES  M.,  Claimant  of  seat,  and  refused,  as  Repre 
sentative  from  Arkansas,  141 :  report  on  credentials, 
586,587. 

JOHNSON,  JILSON  P.,  Contestant  for  seat  in  First  Rebel  Con 
gress,  402;  votes  on  secession  in  Convention  of  Aikan- 
sas,  399. 

JOHNSON,  LIEUT.  COL.,  Order  respecting  election  in  Ken 
tucky,  313;  oath  prescribed  by,  313. 

JOHN.SON,  PHILIP,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  resolution  on  enrol 
ment,  270. 

JOHNSON,  REVERDY,  Letter  of  John  C.  Le  Grand  to,  9;  mem 
ber  of  Peace  Conference,  68;  Senator  in  Thirty-Eighth 
Congress,  140 ;  report  against  the  passage  of  joint  res 
olution  amending  confiscation  act,  203;  amendment  to 
fugitive  slave  law,  237;  resolution  on  the  Arguelles 
case,  and  President  Lincoln's  reply,  304,  355 ;  reply  to 
Chief  Justice  Taney  on  Itabeas  corpus,  note,  155. 

JOHNSON,  ROBERT  W.,  Senator  in  Thirty-Sixth  Congress,  48; 
Deputy  in  Rebel  Provisional  Congress,  400 ;  Senator  in 
First  Congress,  401^  Second,  402:  views  on  sequestra 
tion,  205. 

JOHNSON,  THOMAS  B.,  Deputy  in  Rebel  Provisional  Con 
gress,  400. 

JOHNSON,  WALDO  P.,  Member  of  Peace  Conference,  68; 
Senator  in  Thirty-Seventh  Congress,  122;  expulsion  of, 
123;  Senator  in  Seo0ud  Rebel  Congress,  402;  proposi 
tion  of,  lor  Constitutional  Convention,  435. 

JOHNSON,  WILLIAM,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

JOHNSON,  WILLIAM  COST,  purpose  in  attending  Southern 
caucus  in  1835,390. 

JOHNSTON  ROBERT,  Deputy  in  Rebel  Provisional  Congress, 


400;   Representative  in   First  Congress,  402;   Second, 

JOHNSTON.  WILLIAM  F.,  temporary  chairman  of  the  Cleve 
land  Convention,  411. 

JONES,  GEORGE  W.,  Member  of  Peace  Conference,  68; 
Deputy  in  Rebel  Provisional  Congress,  400;  Representa- 
tive  in  First.  Congress,  402. 

JONES,  HENRY  C.,  Deputy  in  Rebel  Provisional  Congress,  400. 

JONES,  JO;IN  J..  Representative  in  Thirty-Sixth  Congress, 
49;  sent  telegram  South,  37;  withdrew,  3. 

JONES,  R.  M.,  Delegate  from  Choctaw  Nation  in  Second 
Rebel  Congress,  402. 

JONES,  THOMAS  M.,  Deputy  in  Rebtl  Provisional  Congress, 

JONES,  T.  LAURENCE,  arrest  of,  153 ;  votes  in  Legislature  of 
Maryland,  396-398. 

Journal  of  Co  mm  free,  New  York,  presented  by  Grand  Jury, 
188 ;  excluded  from  the  mails,  188 ;  report  of  Postmas 
ter  General  Blair  respecting,  188-192 ;  seizure  of  office 
of  by  the  military  authorities,  and  subsequent  pro 
ceedings,  192-194. 

JUDICIAL  RULINGS,  on  indemnity  act,  185, 186;  enrollment, 
272-274;  confiscation,  206,  207  ;  on  "legal  tender" act, 
454,  4/i5;  on  suppression  of  newspapers,  441,  442;  on 
colored  persons  as  witnesses,  446,443. 

JUDICIAL  RULINGS,  (rebel)  upon  conscription,  120;  anti- 
substitute  law,  120;  habeas  corpus.  130;  impressment 
act,  note,  372. 

JULIAN,  GEORGE  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  resolutions  for  amend 
ment  or  repeal  of  fugitive  slave  laws,  235,  236;  home 
steads  for  soldiers,  284. 

JUNKIN,  BENJAMIN  F.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

JUSTICE,  fugitives  from,  bill  respecting,  61. 


KALBFLEISCH,  MARTIN,  Representative  in  Thirty-Eighth 
Congress,  140. 

KANE.  GEORGE  P.,  Marshal  of  police  of  Baltimore,  letter 
of,  respecting  safety  of  transit  through  or  sojourn  in 
Baltimore  of  President  Lincoln,  9;  arrest  of,  by  Gen 
eral  Banks,  152;  telegram  to  Bradley  T.  Johnson,  note, 
393;  destroyed  railroad  bridges,  393. 

KANE,  ROBERT  P.,  Secession  resolution  of,  at  Philadelphia 
meeting,  390. 

KANSAS,  Representative  in  Thirty-Sixth  Congress,  40; 
members  of  Thirty-Seventh  Congress.  122;  Thirty- 
Eighth,  141;  vote  of  legislature  ou  ratifying  the  anti- 
slavery  amendment,  50:». 

KASSON,  JOHN  A.,  Representative  iu  Thirty-Eighth  Con 
gress,  149;  proposition  relative  to  courts-martial,  561. 

KEEBLE,  FA.,  Representative  in  Second  Rebel  Congress,  402, 

KtiM,  WILLIAM  II.,  General,  agency  in  the  arrest  of  John 
Merryman,  155. 

KEITT,  LAWRENCE  M.,  Representative  in  Thirty-Sixth  Con 
gress,  40;  withdrew,  2;  remarks  in  South  Carolina 
Convention,  17  ;  statement  respecting  forts  in  Charles 
ton  harbor,  30;  Toombs's  telegram  to,  37  :  vote  on  se 
cession  ordinance,  399;  Deputy  in  Rebel  Provisional 
Congress,  2,  11,  400;  death,  401*;  expectations  of  north 
ern  hvlp  in  rebellion,  300. 

KELLKY,  WILLIAM  D.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  140;  proposition  relative 
to  reconstruction,  577. 

KELLOGG,  FRANCIS  W.,  Representative  in  Thirty-Sixth 
Congress,  49;  Thirty-Seventh,  122;  Thirty-Eighth,  140. 

KELLOGG,  ORLANDO,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

KELLOGG,  WILLIAM,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  adjustment  proposi 
tions  of,  56,  62,  6*3  ;  member  of  Committee  of  Thirty- 
three,  53. 

KENAN,  AUGUSTUS  II.,  Deputy  in  Rebel  Provisional  Congress, 
11, 400;  Representative  in  First  Congress,  401 ;  motion 
to  tablo  peace  proposition,  306. 

KENAN,  OWEN  R.,  Representative  in  First  Rebel  Congress, 
402. 

KENDALL,  AMOS,  Opinion  respecting  suppression  of  mail 
matter,  189-191 ;  Keitt's  opinion  of,  390. 

KENNER,  DUNCAN  F.,  Deputy  in  Rebel  Provisional  Congress, 
11,  400 ;  Representative  in  First  Congress,  401 ;  Second, 
402. 

KENNEDY,  ANTHONY,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  letter  respecting  the  secession  of 
Maryland,  9. 

KENNEDY,  ROBERT  C.,  Court-martial  of,  for  violatint  the 
laws  of  war,  552,  553. 

KENTUCKY,  vote  for  President  in  I860,  1;  in  1864,  623, 
members  of  Peace  Conference,  67;  Thirty-Sixth  Con- 
cress,  48,  49;  Thirty-Seventh.  122;  Thirty-Eighth,  140; 
proceedings  in  Legislature  and  bogus  Convention,  in 
respect  to  secession,  8 ;  proceedings  in  Congress  respect- 


INDEX. 


639 


ing  arrest  of  citizens,  180;  respecting  dispersion  of 
Convention  in,  181 ;  act  of  Legislature,  and  veto  of 
Governor  Magoffin,  312,  313:  military -orders  respecting 
elections  in,  313-314;  orders  respecting  impressments 
of  property,  315  ;  adjustment  proposition  of  a  "  distin 
guished  citizen"  of,  74;  Judge  Nicholas's  proposed 
amendment  to  the  Constitution,  255,  256;  men  in  the 
Rebel, army  399;  admission  into  the  "Confederacy," 
401:  Deputies  in  the  Re' >el  Provisional  Congress,  401: 
Members  of  the  First  Congress,  and  the  apportionment 
of  Kentucky,  401;  Second, 402;  vote  of  Legislature  on 
ratifying  the  anti-slavery  amendment,  598. 

KENYON,  WILLIAM  S.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

KERNAN,  FHANCIS,  Representative  in  Thirty-Eighth  Con 
gress,  140;  substitute  relative  to  unemployed  general*. 
285;  amendment  to  loan  hill,  3*30;  resolution  relative 
to  the  arrest  of  citizens,  560. 

KERRIGAN,  JAMES  E..  Representative  in  Thirty  Seventh 
Congress,  1J2 

KERSHAW,  J.  B.,  Commissioner  from  Sowth  Carolina  to  Tax- 
as,  11 ;  vote  on  secession  ordinance,  399. 

KESSLER,  ANDREW,  arrest  of,  153. 

KIDD,  MILTON,  arrest  of,  153 

KILBOURN,  E.'O.,  Letter  to  Governor  Hicks,  asking  that  the 
Legislature  of  Maryland  bo  convened,  9 ;  at  Howard 
county  meeting,  9 :  votes  of,  39(3-398. 

KILUOUE,  I)AVID,  Representative  in  Thirty-Sixth  Congress, 
49;  adjustment  proposition,  54. 

KII.GORE,  N.,  arrest  of,  153. 

KILUNGKI;,  JOHN  W.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122. 

KINO,  AUSTIN  A.,  Representative  in  Thirty-Eighth  Congress, 
140. 

KING,  HORATIO,  Postmaster  General,  28. 

KING,  JOIIN  A.,  Member  of  Peace  Conference,  67. 

KINO,  PRKSTON,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  1J2;  resolution  respecting  trial  of  per 
sons  arrested,  179;  amendment  to  coniiscation  bill, 
202;  amendment  to  the  "legal  tender,"  358;  in  Balti 
more  Convention,  405,  406;  vote  for  Vice  President  in 
Union  National  Convention,  407. 

KINXEY,  JOHN  F.,  Delegate  from  Utah,  Thirty-Eighth  Con 
gress,  resolution  on  the  war,  294;  declaration  of,  note, 
51)0. 

KIRKWOOD,  SAMUEL  J.,  Governor  of  Iowa,  signer  of  Altoona 
address,  233. 

KITCHEN,  B.  M.,  Claimant  for  seat  as  Representative  in 
Thirty-Eighth  Congress,  and  refused,  141. 

KNAPP,  ANTHONY  L.,  Representative  in  Thirty-Seventh 
Congress,  1:'3;  Thirty-Eighth,  140. 

Kxox,  SAMUEL,  .JR.,  Representative  in  Thirty-Eighth  Con 
gress,  141. 

KUNKEL,  JACOB  M.,  Representative  in  Thirty-Sixth  Congress, 


LAMAR.  ALBERT  R.,  Secretary  of  Georgia  Secession  Conven 
tion.  399 ;  Cierk  of  Rebel  House  of  Representatives, 
Second  Congress,  402. 

LAMAR,  G.  13.,  purchuooof  Government  arms  in  1860,  36. 

LAMAR,  Lucius  Q.  C-,  Representative  in  Thirty-Sixth  Con 
gress,  4'J;  withdrew,  3;  Benjamin's  intercepted  des 
patch  to,  relative  to  African  slave  trade,  151. 

LANDKR.  WILLIAM.  Representative  in  First  Rebel  Congress, 
402. 

LANDING.  MR.,  arrest  of,  152. 

LANURUM, JOHN  M.,  Representative  in  Thirty-Sixth  Con 
gress,  4J;  telegram  sent  South,  37;  withdrew,  4. 

LANK,  HENRY  S.,  Senator  in  Thirty-Seventh  Congress,  122; 
Thirty  Eighth,  140. 

LANE.  JAMES  11 ,  Senator  in  Thirty-Seventh  Congress,  122; 
Thirty-Eighth,  140;  amendment  to  the  bill  to  employ 
colored  persons, 275;  amendment  to  the  engineer  bill, 
270;  joint  resolutions  repeating  free  State  of  Arkansas, 
320;  amendment  to  bill  to  admit  West  Virgina,  378; 
amendment  to  enrollment  Uil,  563;  to  Electoral  Col 
lege  bill,  578. 

LA.VK,  .JOSEPH,  Senator  in  Thirty-Sixth  Congress,  48;  ad 
justment  proposition  of,  72. 

LANSING,  WILLIAM  E.,  Representative  in  Thirty-Seventh 
Congress,  122;  substitute  tor  Mr.  Lovejoy's  resolution 
respecting  General  Ilulleck's  order  No.  3,  254. 

LARRAJJEE,  CHARLES  11.,  Representative  in  Thirty-Sixth 
Congress,  4'J ;  adjustment  proposition,  54. 

LATHAM,  MILTON  S.,  Senator  in  Thirty-Sixth  Congress,  42; 
Thirty-Seventh,  122;  declaration  for  the  Union,  41; 
remarks  upon  the  defeat  of  the  Crittcnden  proposition 
of  adjustment,  67  ;  upon  Peace  Conference  proposition, 
70. 

LAW,  JOHN,  Representative  in  Thirty-Seventh  Congress, 
U'2;  Thirty-Eighth,  140. 

LAWS.  James  M.  Mason's  resolution  to  suspend  certain,  in 
the  seceded  States,  86. 


LAWYERS,  Oath  of  allegiance  required  from,  602. 

LAZEAR,  JESSE,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  resolution  for  suspend 
ing  hostilities,  300. 

LEACH',  DEWITT  C.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

LEACH,  JAMES  M.,  Representative  in  Thirty -Sixth  Congress, 
49;  Representative  in  Second  Rebel  Congress,  402; 
resolutions  on  habeas  cm-pus,  018;  remarks,  457. 

LEACH,  J.  T.,  Representative  in  Second  Rebel  Congress,  402; 
peace  propositions,  306,  457,  615. 

LEAGUE,  between  Tennessee  and  insurrectionary  States,  5; 
Virginia  and  name  8;  Missouri  and  same.  11. 

LEAKE.  SHELTON  F.,  Represen'ative  in  Thirty-Sixth  Con 
gress,  4'J ;  address  to  people  of  Virginia,  -40:  adjust 
ment  proposition,  55 ;  remark  on  that  of  Peace  Con 
ference,  70. 

LEARY,  CORNELIUS  L.  L.,  Representative  in  Thirty-Seventh 
Congress,  122;  on  select  committee  on  compensated 
emancipation,  213;  views  on,  213-217. 

LEAVITT,  HUMPHREY  II.,  refusal  to  issue  writ  of  habeas  cnr- 
pusin  Vallandigham  case,  162;  latter's  opinion  of,  176. 

LEBLO.ND,  FRANCIS  C.,  Representative  in  Thirty-Eighth 
Congress,  140;  anienc'.mont  to  enrollment,  proposing 
an  armistice,  300;  proposition  to  repeal  liabeas  corpus 
act,  562. 

LEE.  M.  LINDLEY,  Representative  in  Thirty-Sixth  Congress, 
'48. 

LEE,  ROBERT  13.,  General,  letter  of,  and  General  Grant's 
reply,  on  prisoners  of  war,  444;  on  military  convention, 
572,  673;  on  negro  soldiers,  note,  Oil. 

LEE,  SiriPUEN  i).,  aide  to  Beamegaid,  113. 

LEGAL  tenders,  proceedings  creating,  3-37-359;  Judge  Grier's 
opinion  on,  454,455;  other  judges,  455. 

LE GRAND,  Jon.vC.,  letter  on  secession,  9. 

LEHMAN,  WILLIAM  E.,  Representative  in  Thirty-Seventh 
Congress,  122 ;  on  select  committee  on  compensated 
emancipation,  213. 

LELLYETT,  JOHN,  one  of  the  Tennessee  protesters,  438-441. 

LEONARD,  JUSTICE,  opinion  on  indemnity  act,  1S5, 136. 

LESTER,  GEfiROE  N.,  Representative  in  Second  Rebel  Con 
gress,  402. 

LETCHER,  JOHN,  Governor  of  Virginia,  on  resolutions  of 
New  York,  5;  of  Ohio,  6;  purchase  of  arms  prior  to  se 
cession,  36;  designs  on  Fortress  Monroe,  2S;  reply  to 
President's  call  for  troops,  114;  on  reconstruction,  330; 
sent  muskets  to  Baltimore  Police  Commissioners,  and 
controversy  concerning,  393,  394. 

LETTERS  of  marque  authorized,  377  ;  by  rebels,  117. 

LEWIS,  DA.VIEL  W..  Representative  in  First  Rebel  Congress, 

401. 

LEWIS,  DAVID  P.,  Deputy  in  Rebel  Provisional  Congress, 
11,400;  retired.  400. 

LEWIS,  .JOHN  W.,  Senator  in  First  Rebel  Congress,  401;  su 
perseded,  40 1 . 

LIBERIA,  bill  to  recognize,  239;  President  Lincoln's  recom 
mendation  of,  130;  loan  of  gunboat  to, 593. 
LIBBER,  FRANCIS,  LL.  D.,  Professor,  letter  to  Senator  Mor 
gan  respecting  further  amendments   to  the  Constitu 
tion,  note,  691,  5y2. 

LIEUTENANT  GENERAL,  grade  revived,  116;  Ulysses  S.  Grant 

appointed,  116. 

LINCOLN,  ABRAHAM,  Election  of,  as  President  in  1860,1;  in 
!Sb4,  and  his  estimate  of  the  vute,  023,  5oS;  discussion 
of  his  first  election  in  South  Carolina  Convention,  17; 
opinion  on  a  compromise,  67. 

ADMINISTRATION  of — his  Inaugural  Addresses,  105-108, 
608;  his  Cabinet,  with  the  changes  therein,  108,  610;  his 
reply  to  the  Virginia  delegates  in  1861, 112;  hia  acts 
legalized  and  ratified,  115,  i50,  and  proposed  censure 
of,  3*6. 

CORRESPONDENCE  of— with  General  Fremont,  246,  247; 
with  Fernando  Wood,  296,  297;  with  Governor  Brad 
ford,  309,  310  ;  the  Niagara  Falls,  301-303;  Ohio  and 
New  York  Democrats,  167-175;  with  Lieut.  Gen.  Grant, 
425. 

INTERVIEWS  of — with  committee  of  Allegheny  City  Con 
vention,  259;  Borne  Border-State  Representatives,  210, 
211.  and  subsequent  appeal  to,  and  replies  from,  213- 
220;  deputation  of  colored  persons  on  coloni/ation, 
374,  375 ;  with  Judge  John  T.  MiHs,  424. 
LETTERS  of— to  Horace  Greeley,  334;  the  Illinois  Mass 
Convention,  335,  336;  JS~or!h  ArtK.ricun  Rrvitw,  and  re 
ply,  336;  Colonel  A.G.  Hodges,  of  Kentucky,  336;  the 
Grant  meeting  in  New  York,  336,  337;  of  acceptance 
as  candidate  for  re-election,  408  ;  on  Constitutional 
Convention  in  Louisiana,  321  ;  to  General  Steele  and 
W.  M.  Fishback,  on  Arkansas,  321,  322,  on  Free  Con 
stitution  of  Maryland,  424;  to  Tennessee  protesters 
against  Governor  Johnson's  proclamation,  4-5;  to  Rev. 
John  Hogan.no/fi.522;  to  General  Curtis  and  O.  D. 
Filley  in  the  McPheeters  case,  534,  537;  to  Mrs.  Eliza 
P.  Gurney,  C05;  to  Deacon  John  Phillips,  606:  to 
Mrs.  Bixby,  600;  to  the  New  England  Society,  606; 


540 


INDEX. 


to  a  SoldierH'  Fair,  606;  on  Affairs  in  Missouri,  606;  | 
on  employing  disabled  soldiers,  606. 
MESSAGES  of— first.  123-129;  first  Annual,  129-136;  second 
Animal.  130-140,  220-229;  third  Annual,  140-147; 
fourth  Annual,  555-558;  in  General  Stone's  case.  ISO; 
on  emancipation  bill  in  District  of  Columbia.  212.  213; 
on  compensated  emancipation,  209;  on  repeal  of  the 
commutation  clause,  note,  263;  explanatory  of  Govern 
ment  purchases  in  May.  1861,  333,  334;  respecting 
monarchical  intrigues  in  Central  and  South  America, 
343:  on  the  French-Mexican  question,  349;  on  the  Ar- 
guelles  case,  354,355;  vetoing  bill  concerning  small 
notes,  358;  on  financial  legislation,  362:  confiscation, 
197,  198;  transmitting  Hampton  Roads  Conference, 
566-569;  on  Electoral  College  bill,  579. 
ORDERS  of,  on  habeas  corpus,  177  ;  State  prisoners,  154;  in 
Vallandiirhiim's  case,  162;  on  sei/ing  supplies,  252 ; 
rescinding  Fremont's  proclamation,  247;  to  General 
Schofield,  253 ;  for  the  protection  of  colored  soldiers, 
280;  on  contrabands  in  the  District  of  Columbia,  248; 
annulling  General  Wallace's  confiscation  orders  at  Bal 
timore,  207;  explanatory  order  respecting  churches  in 
insurrectionary  States.  522;  in  C.  Hogan'sXofcoi  corpus 
case,  562. 

PROCLAMATIONS  AND  CALLS— for  75.000  troops,  and  answers 
of  Governors,  114,115;  all  other  calls,  115,270,604; 
the  several  drafts  ordered.  115,  270,  604;  proclamations 
of  blockade,  149;  warning  to  blockade-runners,  604; 
closing  certain  ports,  605;  warning  to  maritime  na 
tions,  605:  concerning  Key  West,  ti05;  on  commercial 
intercourse,  149;  declaring  the  boundaries  of  the  insur 
rection,  150;  of  amnesty,  147,  148;  pardon  to  deserters, 
604;  on  suspension  of  habeas  corpus,  177,  178;  under 
confiscation  act,  203 ;  rescinding  General  Hunter's, 
251;  respecting  reconstruction  bill,  31.8,  319;  on  eman 
cipation,  227,  228;  admission  of  West  Virginia,  378; 
respecting  aliens,  272;  for  the  arrest  of  raiders,  604; 
Observance  of  the  Sabbath.  605. 

REMARKS  of— at  Union  meeting  August,  1862,  334;  at 
a  serenade,  July,  1863,  334,  335;  at  Philadelphia. Fair, 
337  ;  at  Baltimore,  280,  281 ;  on  renomination  for  Pres 
ident,  407,  408;  to  148th  and  16ith  Ohio  regiments, 
423;  to  Marylanders,  424;  to  colored  persons  present 
ing  a  Bible,  424;  to  189th  New  York,  425;  in  consecra 
tion  of  the  National  Cemetery  at  Gettysburg,  606;  to  a 
committee  of  New  York  VY  orkingmen's  Republican 
Association,  606;  to  a  club  of  Pennsylvaniaus,  607;  to 
sundry  political  clubs,  607  ;  to  a  Maryland  committee, 
607  ;  on  the  adoption  of  the  anti-slavery  Amendment, 
608;  on  being  notified  of  re-election,  60S;  on  the  slaves 
fighting  for  rebels,  608;  on  victory  and  reconstruction, 
(his  last  speech,)  609. 

REPLIES  of — to  committee  of  New  School  Presbyterians 
in  1863,  471;  to  committee  of  Lutheran  Church.  479  ;  to 
resolutions  of  Vermont  Congregationalists,  481 ;  of 
Congregational  Welsh  Association  of  Pennsylvania, 
481;  to  pastoral  letter  of  Bishops  of  Protestant  Epis 
copal  Church,  493 ;  to  resolutions  of  East  Baltimore 
Methodist  Episcopal  Conference  of  1862,  496;  to  ad 
dress  of  Methodist  Episcopal  Conference  of  1864,  498. 

LINCOLN,  ABRAHAM,  assassination  of,  610. 

LITTLEJOHN,  DEWITT  C.,  Representative  in  Thirty-Eighth 
Congress,  140. 

LOAN,  BENJAMIN  F.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

LOANS,  acts  authorizing  the  various,  condensed,  356,  357, 
601 ;  Secretary  Chase's  letter  respecting  redemption  of 
in  gold,  note,  367. 

LOCHRANE,  JUDGE,  of  Georgia,  opinion  on  the  anti-substi 
tute  law,  120. 

LOGAN,  GEORGE  W.,  Representative  in  Second  Rebel  Con 
gress,  402. 

LOGAN,  JOHN  A. .Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  resigned,  123. 

LOGAN,  STEPHEN  T.,  Member  of  Peace  Conference,  68. 

London  Times,  comment  of,  respecting  a  reception  to 
Messrs.  Mason  and  Slidell,  342,  343. 

LONG,  ALEXANDER,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolution  for  appointment  of  commission 
ers  to  negotiate  a  peace,  300;  resolution  to  expel  and 
censure,  387,  388;  proposed  resolution  of,  at  Demo 
cratic  National  Convention,  418. 

LONGNECKER,  HENRY  C.,  Representative  in  Thirty-Sixth 
Congress,  48. 

LONGYEAR,  JOHN  W.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

LOOMIS,  ANDREW  W.,  Member  of  Peace  Conference,  68. 

LOOMIS,  DWIOHT,  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122. 

LORD,  DANIEL,  Secretary  Seward's  letter  to,  respecting  ar 
rest  of  Algernon  S.  Sullivan.  133. 

Louis,  L  M.,  Senator  in  Second  Rebel  Congress,  402  ;  suc 
ceeded  by  Mr.  Vest,  611. 

LOUISIANA,  vote  of  for  President  in   1860,  1 ;  members   of 


Thirty-Sixth  Congress,  48,  49;  Thirty-Seventh,  123; 
claimants  in  Thirty-Eighth,  141,  581,  588;  Free  Slate 
governmnent  organized,  321 ;  letter  of  President  Lin 
coln  respecting  constitutional  Convention,  321,  322; 
votes  on  abolition  of  slavery,  and  on  proposed  com 
pensated  emaLcipation,  332;  reconstruction  movement 
in,  435,  4';6;  propositions  and  reports  in  Congress  upon 
recognizing  the  Free  State  government,  and  receiving 
Senators  and  Representatives,  577-586;  vote  of  Legis 
lature  on  ratifying  the  anti-slavery  Amendment,  598. 
IN  REBELLION— Deputies  in  Rebel  Provisional  Congress, 
11,  400;  members  of  First  Congress.  401;  of  Second, 
402:  secession  movement  in  Convention  and  Legisla 
ture  of,  3;  votes  on  ordinance  of  secession  and  kindred 
propositions,  on  submitting  it  and  the  Rebel  Constitu 
tion  to  popular  vote,  and  general  proceedings  of  the 
Convention  with  the  officers  thereof,  588-590;  ratified 
rebel  Constitution,  4 ;  seizures  and  surrenders  of  public 
property  by,  28,  589.  590,  and  acknowledgment  by 
Rebel  Congress,  note,  4. 

LOVE,  PETER  E.,  Representative  in  Thirty-Sixth  Congress, 
49;  withdrew,  3;  member  of  Committee  of  Thirty- 
three,  53;  report  of.  58. 

LOVKJOV,  OWEN,  Representative  in  Thirty-Sixth  ConiTMi, 
49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  death, 
141;  letter  respecting  President  Lincoln  and  his  Ad 
ministration,  233;  resolution  respecting  the  capture 
and  return  of  fugitive  slaves,  238  ;  resolution  calling 
for  a  revocation  of  General  Halleck's  order,  No.  3,  and 
vote,  253,  254 ;  proposition  to  prohibit  slavery  in  the 
Territories,  254;  his  substitute  and  vote,  254;  motion 
to  instruct  the  Committee  on  Military  Affairs  to  place 
all  soldiers  on  same  footing,  without  regard  to  color, 
279;  resolution  of  thanks  to  Captain  Wilkes  for  his  ac 
tion  in  arresting  Messrs.  Mason  and  Slidell,  343. 

Low,  FREDERICK  F.,  Governor  of  California,  Representative 
in  Thirty-Seventh  Congress,  388. 

LOWE,  ENOCH  Louis,  proposed  member  of  board  of  public 
safety  of  Maryland,  9. 

LOWELL,  Colonel,  raid  of,  119. 

LOWRIE,  WALTER  II.,  Chief  Justice  of  Pennsylvania,  deci 
sion  on  enrollment  act,  273,  274. 

LUMPKIN,  J.  T.,  Representative  in  Second  Rebel  Congress, 

LUTHERAN  GENERAL  SYNOD,  declarations  in  1862  and  1864, 
478-480  ;  address  of  committee  to  President  Lincoln, 
and  his  reply,  479. 

LYNCH,  Dr.,  arrest  of,  152. 

LYON,  FRANCIS  S.,  Representative  in  First  Rebel  Congress, 
401;  Second,  402. 

LYONS,  JAMEri,  Representative  in  First  Rebel  Congress,  402. 

LYONS,  LORD,  Earl  Russel's  letter  to,. respecting  rebel  ap 
peal  for  recognition,  27 ;  to  Earl  Russell  respecting 
foreign  mediation,  giving  views  of  New  York  Demo 
crats  347,348;  Secretary  Seward's  letter  to,  on  the 
Trent  affair,  338-342 ;  Earl  Russel's  to,  on  the  Trent 
affair,  342. 

M 

MACFARLAND,  WILLIAM  H.,  vote  on  secession  ordinance  in 
Virginia  Convention,  note,  7 ;  Deputy  in  Rebel  Provis 
ional  Congress,  400. 

MACHEN,  WILLIS  p.,  member  of  bogus  legislative  council 
of  Kentucky,  8 ;  Representative  in  First  Rebel  Con 
gress,  401 ;  Second,  402. 

MACLAY,  WILLIAM,  Senator  in  First  Congress,  389  ;  extract 
from  his  journal  containing  first  record  of  disunion 
threat,  389. 

MACLAY,  WILLIAM  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48  ;  adjustment  proposition,  74. 

MACWILLIE,  M.  11.,  Delegate  from  Arizona  in  Second  Rebel 
Congress,  402. 

MAGOFKIN,  B.,  Governor  of  Kentucky,  reply  to  President's 
first  call,  114;  bill  passed  over  veto,  312,  313;  declines 
tender  of  Indiana  troops,  8;  neutrality  proclamation, 
8;  veto  of  resolution  ordering  rebel  troops  from  the 
soil  of  Kentucky,  8. 

MAGRATH,  A.  G.,  resigned  as  United  States  judge,  2  ;  ap 
pointed  Secretary  of  State  for  the  republic  of  South 
Carolina,  2;  decision  on  sequestration,  206;  vote  on 
secession  ordinance,  399. 

MAGRUDER,  J.  BANKHEAD,  General,  proclamation  of,  283. 

MAILS  of  the  United  States,  to  remove  disqualification 
of  color  in  carrying,  239,240,593;  opinions  of  Post 
masters  General  Kendall,  Campbell,  Holt,  and  Blair, 
and  Attorney  General  Cushing  on  freedom  of  the, 
188-192  ;  Calhoun's  bill  of  1835,  respecting,  191. 

MAINE,  vote  for  President  in  1860.1;  in  1864.  623;  members 
of  Peace  Conference,  67;  Thirty-Sixth  Confess,  48; 
Thirty-Seventh,  121 :  Thirty-Eighth,  140, 559 ;  "  personal 
liberty"  law,  44-47  ;  vote  of  Legislature  on  ratifyiug 
the  anti-slavery  amendment,  595. 

MALLORY,  ROBERT,  Representative  in  Thirty-Sixth  Congress, 


INDEX. 


C4 


49;  Thirty-Seventh,  122;  Thirty-Eighth,  140  ;  at  Bor 
der  State  interview  with  the  President,  211 :  views  on 
compensated  emancipation,  213-217  ;  amendment  re 
lating  to  colored  persons  as  witnesses,  213;  to  Colora 
do  bill,  255 ;  resolution  relative  to  Cols.  Jacob  and 
Woltord,  560. 

MALLORY,  STEPHKN  R.,  Senator  in  Thirty-Sixth  Congress,  48; 
withdrew,  3:  intermediary  between  Col.  Ilayne  and 
President  Buchanan,  32;  Secretary  of  Navy  in  Rebel 
Provisional  administration,  12,  400;  in  permanent  ad 
ministration,  401 ;  member  of  committee  of  secret  Dis 
union  Caucus,  392. 

MANIFESTO  of  Southern  Members  of  Congress,  37. 

MANLEY,  JUDGE,  of  North  Carolina,  opinion  on  habeas  cm- 
pus,  130 

MANN,  A.  DUDLEY,  Rebel  Commissioner  to  England,  letter 
of  to  Earl  Russell,  27  ;  reported  conversation  with 
Earl  Russell,  27. 

MANN,  \V'M.  D.,  report  upon  credentials  of  as  representative, 
586. 

MANNING,  J.  L.,  Commissioner  from  South  Carolina  to  Loui 
siana,  11;  received  by  convention,  4;  vote  on  seces 
sion  ordinance,  399. 

MANSFIELD,  JOSEPH  K.  F.,  Brigadier  General,  order  of,  con 
cerning  fugitive  slaves,  245. 

MARCY,  DANIEL,  Representative  in  Thirty-Eighth  Congress, 
140. 

MARCY,  WILLIAM  L.,  Opinion  on  citizenship  of  colored  per 
sons,  note,  382. 

MARQUE,  letters  of,  bill  to  authorize,  377;  rebel  legislation, 
117. 

MARSHALL,  HENRY,  Deputy  in  Rebel  Provisional  Congress, 
11,  400;  Representative  in  First  Congress,  401. 

MARSHALL,  HUMPHREY,  Representative  in  Second  Rebel 
Congress,  402. 

MARSTON.  OILMAN,  Representative  in  Thirty-Sixth  Congress, 
48:  Thirty-Seventh,  122. 

MARTIAL  LAW.  Proclamations  of,  by  Jefferson  Davis,  121. 

31ARTIN,  CHARLES  D.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

MARTIN,  EGBERT  S.,  Representative  in  Thirty- Sixth  Con 
gress,  49;  address  to  the  people  of  Virginia,  40. 

MARTIN,  THOMAS,  Member  of  Peace  Conference,  68. 

MARVIN,  JAMES  M.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

MARYLAND,  vote  for  President  in  1860,  1;  in  1864,623; 
members  of  Peace  Conference,  67  ;  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
secession  movement  in,  9;  State  Conference  Conven 
tion,  9;  Howard  County  meeting  and  resolutions,  9 ; 
Legislature  on  secession  and  recognition,  9,  397  ;  pro 
ceedings  of  Legislature,  396-398 ;  arrest  of  members, 
152,  153:  orders  for,  and  report  on,  153 ;  emancipation 
in,  200-211,  226,  227  ;  law  and  military  orders  respect 
ing  elections,  308-311 ;  Governor  Bradford's  proclama 
tion,  300,  310;  soldiers  in  the  rebel  army,  390 ;  vote  on 
Free  Constitution  of,  460 ;  provision  respecting  allegi 
ance  of  the  citizen,  460;  rote  of  Legislature  on  ratify 
ing  the  anti-slavery  Amendment,  597. 

MASON,  CHARLES,  Statement  relative  to  the  Tennessee  pro 
test,  440. 

MASON,  JAMES  M.,  Senator  in  Thirty-Sixth  Congress,  48 ; 
address  of,  to  people  of  Virginia,  40  ;  on  voting  on  se 
cession  ordinance  in  Virginia,  7  ;  resolution  on  suspend 
ing  certain  laws  in  the  insurrectionary  States,  86 ;  cor 
respondence  respecting  surrender  of,  to  Great  Britain, 
338-342;  comment  of  the  London  Times  on,  342,  343; 
Deputy  in  Rebel  Provisional  Congress,  400 ;  retired, 
401 ;  expected  in  Baltimore  during  "  reign  of  terror," 
393;  Benjamin's  despatch  to,  on  Peace,  455. 

MASON,  Mr.,  arrest  of,  153. 

MASSACHUSETTS,  vote  of,  for  President  in  1860,1;  in  1864, 
623;  members  of  Peace  Conference,  67 ;  Thirty-Sixth 
Congress,  48;  Thirty-Seven tli,  122;  Thirty-Eighth, 
140;  "personal  liberty"  laws  of,  44,  45-47  ;  vote  of 
legislature  on  ratifying  the  anti-slavery  amendment, 
595,596. 

IATTHEWS,  JOSEPH  W.,  Commissioner  from  Mississippi  to 
Alabama,  11. 

MAURY,M.  F.,  recently  discovered  letters  of,  390. 

MAXWELL,  AUGUSTUS  E.,  Senator  in  First  Rebel  Congress, 
401 ;  Second,  402. 

MAY,  HENRY,  Representative  in  Thirty-Seventh  Congress, 
122;  arrest  of,  152;  resolution  respecting  arrest  of 
Baltimore  Police  Commissioners,  179 ;  respecting  re 
fusing-  counsel  to  prisoners  in  Fort  Warren,  181 ;  re 
specting  interference  of  Major  General  Schenck  with 
freedom  of  religious  worship,  182,  524;  peace  resolu 
tions,  295,  L  96. 

MAYNARD,   HORACE,  Representative  in   Thirty-Sixth  Con 
gress,  49;  Thirty  Seventh,  122;  substitute  of  for  con 
fiscation  Nil,  198, 199;  reply  to  the  President's  appeal 
to  tli?  Border  States,  218. 
41 


MCALLISTER,  ARCHIBALD,  Representative  in  Thirty-Eighth 
CongresH,  140. 

MCBKIDE.  JOHN  R.,  Representative  in  Thirty-Eighth  Con 
gress,  141. 

McCALLUM,  JAMES,  Representative  in  Second  Rebel  Con 
gress,  402. 

MCCLEARY,  DAVID  W.,  Resolutions  in  Legislature  of  Mary 
land,  397. 

McCi-ELLAN,  GEORGE  B.,  Major  General,  President  Lincoln's 
allusion  in  Message  to  appointment  of.  as  general-in- 
chief,  135  ;  order  to  General  Banks  for  the  arrest  of 
members  of  the  Legislature  of  Maryland,  153 ;  order 
respecting  President's  emancipation  proclamation,  note, 
227  :  proclamation  of,  in  Western  Virginia,  244;  order 
promulgating  and  enforcing  the  President's  order  re 
specting  seizure  of  supplies,  252;  order  of  chief  of  staff 
of,  respecting  election  of  1861  in  Maryland,  308.  309; 
urged  a  draft  in  1861,  274  ;  letter  on  political  adminis 
tration,  385,  386;  letter  in  favor  of  election  of  George 
W.  Woodward  as  Governor  of  Pennsylvania,  386 ;  nomi 
nation  of  for  President  at  the  Democratic  National 
Convention,  420 ;  letters  of  notification  and  acceptance, 
420,  421 ;  accepting  membership  in  the  McClellan  lae- 
giou,  421. 

MCCLERNAND,  JOHN  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  resignation,  123;  ad 
justment  proposition,  54;  member  of  Border  State 
Committee,  73;  resolution  on  the  war,  291. 

McCLURG,  JOSEPH  W.,  Representative  in  Thirty-Eighth 
Congress,  140. 

McCuBBiN,  Mr.,  arrest  of,  153. 

McCuRDY,  CHARLES  J.,  Member  of  Peace  Conference,  67. 

McDouG ALL,  JAMES  A.,  Senator  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140;  resolutions  on  Genera] 
Stone's  arrest,  179,  180;  on  monarchical  government* 
in  Central  and  South  America,  353,  and  French  occu 
pation  in  Mexico,  348,  349;  amendment  to  enrollment 
bill  to  abolish  substitution,  264. 

MCDOWELL,  IRVIN,  Major  General,  order  to  protect  property 
in  Virginia,  251. 

MCDOWELL,  JAMES  F.,  Representative  in  Thirty-Eighth 
Congress,  140 ;  resolution  on  arrests  and  habeas  cor 
pus,  183. 

MCDOWELL,  J.  L.,  Letter  of  Attorney  General  Bates  to,  re- 
specting  fugitive  slave  law,  note,  235. 

MCDOWELL,  THOMAS  D.,  Deputy  in  Rebel  Provisional  Con 
gress.  400;  Representative  in  First  Congress,  402. 

MclNDOE,  WALTER  D.,  Representative  in  Thirty-Seventh 
Congress,  123;  Thirty-Eighth,  140. 

McKAiG,  THOMAS  J.,  Cormnissiouer  from  Legislature  of  Ma 
ryland  to  Jefferson  Davis,  and  report,  9,  10;  votes  in 
Senate  of  Maryland,  396-398. 

McKEAN,  JAMES  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48  ;  Thirty-Seventh,  122;  resolution  on  compen 
sated  emancipation,  209. 

McKEE,  R.,  Secretary  of  Russellville  (Kentucky)  Con 
gress,  8. 

MCKENNAN,  WILLIAM,  Member  of  Peace  Congress,  68. 

MCKENTY,  JACOB  K.,  Representative  in  Thirty-Sixth  Con 
gress^. 

McKiNNEY,  JOHN  F.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

MCKINNEY,  ROBERT  J.,  Member  of  Peace  Conference,  68. 

MCKNIGHT,  ROBERT,  Representative  in  Thirty-Sixth  Con. 
gress,  48;  Thirty-Seventh,  122;  agency  in  preventing 
the  removal  of  heavy  guns  from  Allegheny  Arsenal, 
note,  35. 

McLANE,  ROBERT  M.,  Commissioner  from  Legislature  ol 
Maryland  to  Jefferson  Davis,  and  report,  9 ;  Senator 
Mason's  desire  to  see,  393. 

MCLEAN,  J.  B.,  Representative  in  First  Rebel  Congress, 
402. 

MCLEAN,  JOHN,  Justice,  President  Lincoln's  allusion  to 
death  of,  131. 

MC-MAIION,  JOHN  V.  L.,  proposed  Member  of  Board  of  Pub 
lic  safety  in  Maryland,  9. 

MCMILLAN,  JAMES  P.,  Rev.,  protest  of,  in  Louisville  Pres 
bytery,  522. 

MCMULLEN,  FAYETTE,  Representative  in  Second  Rebel  Con 
gress,  402;  resolution  on  peace,  615. 

MCPHKETERS,  SAMUEL  B.,  Rev.  Dr.,  orders  and  correspond 
ence  respecting,  533-537 ;  proposed  action  concerning 
in  New  York  Synod,  466,  467. 

MCPHKRSON,  EDWARD,  Representative  in  Thirty-Sixth  Con 
gress,  48  ;  Thirty-Seventh,  122 ;  clerk  of  House.  Thirty- 
Eighth  Congress,  140. 

McQuE^N,  JOHN,  Representative  in  Thirty-Sixth  Congress, 
49 ;  withdrew,  2 ;  statement  respecting  forts  in 
Charleston  harbor,  30 ;  Representative  in  First  Rebel 
Congress,  402. 

McRAE.  COLI.V  J.,  Deputy  in  Rebel  Provisional  Congresn, 
11.  400;  appointed  brigadier,  and  cotton  loan  agent  at 
Paris,  400. 


642 


INDEX. 


MoRAK,  JOHN  J.,  Representative  in  Thirty-Sixth  Congress, 
49;  withdrew,  3;  Representative  in  First  Rebel  Con 
gress,  401. 

MEDIATION,  345-348— see  "  Foreign  Mediation." 

MEMMINGER,  CHARLES  G.,  vote  on  secession  ordinance,  399; 
Secretary  of  the  Treasury  of  the  republic  of  South 
Carolina,  2;  report  in  South  Carolina  Convention,  15, 
16;  remarks  of,  17, 18 ;  Deputy  in  Rebel  Provisional 
Congress,  11,  400;  Secretary  of  the  Treasury  under  the 
Provisional  Administration,  400,  under  the  Permanent 
and  resignation,  401;  political  history  of,  401. 

MEN KE.S,  THOMAS,  Representative  in  First  Rebel  Congress, 
402;  Second,  402. 

MESONITES,  action  of,  on  the  state  of  the  country,  603, 604. 

MENZI  s,  JOHN  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122:  at  interview  of  Border-State  Representa 
tives  and  President  Lincoln,  211 ;  views  on  compensa 
ted  emancipation,  213-217. 

MERCIES,  M.,  Letter  of  French  Minister  of  Foreign  Affairs, 
to,  respecting  mediation,  345. 

Mercury,  Charleston,  on  Border  State  Embassies,  3 ;  on 
Pence  Conference,  41 ;  telegram  in,  respecting  the  dis 
union  conspiracy,  391.  392. 

Mercury,  Mobile,  on  the  "  do  nothing"  policy,  112. 

MEREDITH,  S.  A.,  Colonel,  General  McDowell's  order  to,  251. 

MEREDITH,  WILLIAM  M.,  Member  of  Peace  Conference, 67. 

MERRYMAN,  JOHN,  arrest  of,  154;  proceedings  in  case,  in 
cluding  Chief  Justice  Taney's  opinion,  154-158. 

Metropolitan  Record,  excluded  from  Department  of  Mis 
souri,  192;  Archbishop  Purcell  upon,  503. 

MESSAGES,  last  annual,  of  President  Buchanan,  49,  50;  Pres 
ident  Lincoln's  tirst,  123-129 ;  first  annual,  129-136 ;  se 
cond,  136-140, 220-229 ;  third,  141-147  ;  fourth,  555-558 ; 
in  General  Stone's  case,  180;  on  confiscation  197,  198; 
compensated  emancipation,  209;  on  District  of  Colum 
bia  bill,  212, 213 ;  on  enrollment  act,  note,  263;  on  early 
proceedings  to  save  the  Capital,  333,  334;  vetoing  bill 
authorizing  small  notes,  359;  relative  to  national 
banking  system,  note,  362;  on  monarchical  intrigues 
in  Central  and  South  America,  343;  the  French  Mex 
ican  question,  349;  the  Arguelles  case,  354,  355;  trans 
mitting  Hampton  Roads  Conference,  566-569;  on  Elec 
toral  College  bill,  579;  Jetf.  Davis's,  610,  612,  616,618. 

METHODIST  EPISCOPAL  CHURCH,  General  Conference  of  1860, 
494-496;  of  1864,  497-499;  Baltimore  Conference  of 

1861,  496;  protest  of  members  of,  496;  Western  Virgi 
nia  Conference  of  1861,496;    President  Lincoln's  re 
sponse  to  resolutions  of  East  Baltimore  Conference  of 

1862,  490.  IN  INSURRECTIONARY  STATES,  facts  respecting, 
516 ;  orders  of  President  Lincoln  and  Secretary  Stantou 
for  occupancy  of  churches,  521-523 ;  Rev.  Dr.  J.  P.  New 
man's    address  at   New  Orleans,   523,  524 ;  action  of 
Holston  Conference,  546. 

METHODIST  PROTESTANT  CHURCH,  General  Convention  of 
1862, 499, 500  ;  action  of  Maryland  Annual  Conference, 
West  Virginia  Conference,  and  Ninth  Street  Church  in 
Washington  city,  499,  500. 

MEXICO,  tho  French  occupation  of,  proceedings  of  Govern 
ment,  348-354;  Mr.  McDougall'd  resolution  respecting, 
348,  349;  resolution  of  tho  House,  aud  subsequent  pro 
ceedings,  349-354;  ilr.  Murray's  resolution  lespectiug, 
in  Rebel  Congress,  617. 

MICHIGAN,  vote  for  President  in  1860,  1;  in  1864,623;  mem 
bers  of  Thirty-Sixth  Congress,  48,  49  ;   Thirty-Seveutl 
122;   Thirty-Eighth,  140;  personal  liberty  law,  46,  47; 
not  represented  in  Peace  Conference,  69 ;  voteoflegis 
lature  on  ratifying  the  anti-slavery  amendment,  599. 

MIDDLETON,  GEORGE,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

MIDDLETON,  MR.,  remarks  in  South  Carolina  Convention,  17 
vote  on  secession  ordinance,  399. 

MILES,  District  Attorney,  Charleston,  on  sequestration 
206. 

MILES,  WILLIAM  PORCHEH,  Representative  in  Thirry-Sixtl 
Congress,  49;  withdrew,  2;  Deputy  in  Rebel  Provis 
ional  Congress,  11,  400 ;  Representative  in  First  Con 
gress,  402 ;  Second,  402 ;  voto  on  secession  ordinance 
399;  statement  respecting  forts  in  Charleston  harbor 
32  ;  declaration  respecting  secession,  53  ;  on  Beaure 
gard's  staff,  401. 

MILITARY  Arrests,  General  Augur's  order  respecting,  87. 

MILITARY  AUTHORITIES,  THK,  AND  THE  CHURCHES,  521-543 

MILITARY  COURTS,  orders  respecting,  154, 177  ;  proposition  tc 
limit  the  jurisdiction  of,  561,  562,  563. 

MILITARY  Governors,  letter  of  appointment,  179;  power  t< 
suspend  the  writ  of  habeas  corpus,  179. 

MILITARY  Interference  with  elections,  bill  to  prevent,  315 
316,  566. 

MILITARY  Legislation!,  summary  of  our,  115-117,  563-566. 

MILITARY  Legislation,  summary  of  rebel,  117-121,  611-013 
619. 

MILITARY  Orders  respecting  elections,  308-316,445. 

MILITIA,  Bill  to  reorganize,  in  District  of  Columbia,  77  ;  Da 
vis's  opinion  of  militia  of  the  States,  37. 


MILLER,  H.  H.,  Commissioner  from  Mississippi  to  Texas,  11. 

MILLER,  SAMUEL  A.,  Representative  in  First  Rebel  Con 
gress,  402 ;  Second, 402. 

FILLER,  SAMUEL  F.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

IILLER,  WILLIAM  II.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

IILLIOAN,  SAMUEL,  Member  of  Peace  Conference,  68. 

MILLS,  BERNARD,  arrest  of,  153;  motions  and  votes  in  Mary 
land  Legislature,  396-398. 

MILLS,  JOHN  T.,  interview  with  President  Lincoln,  424. 

MILLSON,  JOHN  S.,  Representative  in  Thirty-Sixth  Congress, 
49;  member  of  Committee  of  Thirty-three,  53;  ex 
tract  of  letter  to  James  Barbour.39. 

MILLWARD,  WILLIAM,  Representative  in  Thirty-Sixth  Con 
gress,  48  ;  damages  against,  for  seizing  the  West  Ches 
ter  Jeffersonian,  441,442. 

MINNESOTA,  vote  for  President  in  1860,  1;  in  1864, 623;  mem 
bers  of  Peace  Conference,  69 ;  Thirty-Sixth  Congress,  48, 
49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  vote  of 
legislature  on  ratifying  theariti-slavery  amendment,  599. 

MISSISSIPPI,  vote  for  President  in  1860,1;  members  of 
Thirty-Sixth  Congress,  48, 49 ;  Deputies  in  Rebel  Provis- 
onal  Congress,  11,  400 ;  members  of  First  Congress, 
401,  402;  Second,  402;  secession  movemen|  in, 3;  inter- 
gtate  commissioners,  11;  legislature  on  habeas  cm-put 
bitt,  399;  men  in  the  army,  399. 

MISSOURI,  vote  for  President  in  1860, 1 ;  in  1864,  623  ;  mem 
bers  of  Peace  Conference,  67 ;  Thirty-Sixth  Congress,  48, 
49;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  Depu- 
uties  in  Rebel  Provisional  Congress,  11, 400;  Members 
of  First  Congress,  401,  402;  Second,  402,  611 ;  secession 
movement  in,  10, 11 ;  seizures  and  surrenders  of  Uni 
ted  States  property,  28;  ordinance  of  convention  re 
specting  elections,  314;  military  orders  respecting 
elections  in,  314,  315,  445;  proposed  compensated 
emancipation,  224-226;  men  in  the  rebel  army,  399  ; 
,  admission  into  the  "  Confederacy,"  400 ;  vote  on  abol 
ishing  slavery  in,  332;  vote  of  legislature  on  ratifying 
the  anti-slavery  amendment,  599;  postponement  of  elec 
tion  for  Rebel  Congressmen,  611. 

MITCHEL,  CHARLES  B.,  Senator  in  First  Rebel  Congress,  401 ; 
in  Second,  and  death,  402. 

MITCHELL,  WALTER,  proposed  member  of  board  of  public 
safety  in  Maryland,  9. 

MITCHELL,  WIIAIAM,  Representative  in  Thirty-Seventh 
Congress,  122. 

MONARCHICAL  intrigues  in  Central  and  South  America,  ac 
tion  on,  343. 

MONTAGUE,  ROBERT  L.,  report  in  Virginia  convention,  6; 
vote  on  secession  ordinance,  note,  1 ;  Representative  iu 
Second  Rebel  Congress,  402. 

MONTANA  Territory,  Bill  to  organize,  240, 241 ;  proposed  ne 
gro  suffrage  in,  240;  prohibition  of  slavery,  254,  255. 

MONTGOMERY,  WILLIAM,  Representative  in  Thirty-Sixth 
Congress,  48. 

MOORE,  JAMES  W.,  Member  of  bogus  Legislative  Council  of 
Kentucky,  8;  Representative  in  First  Rebel  Congress, 
401 ;  Second,  402. 

MOORE,  LABAN  T.,  Representative  in  Thirty-Sixth  Congress, 

MOORE,  S.  McD.,  vote  on  secession  ordinance,  notf,  7  ;  com 
missioner  of  Virginia  in  making  military  league,  8. 

MOORE,  SYDENHAM,  Representative  in  Thirty-Sixth  Con 
gress,  49;  telegram  south,  37;  withdrew,  4. 

MoOBHSiB,  JAMES  K.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
agency  in  preventing  the  removal  of  heavy  guns  from 
Allegheny  Arsenal,  note,  35;  resolution  onineligibility 
to  office,  376. 

MORAVIAN  CHURCH,  action  of.  on  state  of  the  country,  4S3. 

MOREHEAD,  CHARLES  S.,  Member  of  Peace  Conference,  68 : 
arrest  of,  153. 

MOREHEAD,  JOHN  M.,  Member  of  Peace  Conference,  68  ;  de 
puty  in  Rebel  Provisional  Congress,  400. 

MORFIT,  HENRY  M.,  arrest  of,  152;  votes  in  Maryland  Legi* 
lature,  396-398. 

MORGAN,  EDWIN  D.,  Senator  in  Thirty-Eighth  Congress,  140  ; 
amendment  to  enrollment  bill,  265  ;  remarks  in  open 
ing  the  Baltimore  Union  Convention,  403;  Professor 
Lieber's  letter  to,  on  amending  tho  Constitution,  note, 
591,  592. 

MORGAX,  S.  II.,  Representative  in  Second  Rebel  Congress, 
402. 

MORRILL,  ANSON  P.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

MORRILL,  JUSTIN  S.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
member  of  the  Committee  of  Thirty-three,  53;  tnbsti- 
tute  for  confiscation  bill,  133;  for  emancipation  bill, 
200,  201 ;  resolution  on  the  war,  291. 

MORKILL,  LOT  M.,  Senator  in  Thirty-Sixth  Congress,  notf, 
48;  Thirty-Seventh,  121;  Thirty-Eighth.  140;  member 
of  Peace  Conference,  67  ;  amendment  to  Washitni''ju 


INDEX. 


643 


city  registry  bill,  241 ;  resolution  on  bailing  arrested 
persons.  183. 

MORRIS. DANICL,  Representative!!!  Thirty-Eighth  Congress, 
140;  hill  repealing  fugitive  slave  laws  .37. 

MORRIS,  EDWARD  JOT, "Representative  in  Thirty-Sixth  Con- 
grese,  4^;  adjustment  proposition,  55. 

MORRIS,  ISAAC  N.,  Representative  in  Thirty-Sixth  Congress, 
49;  adjust  in  v»nt  proposition,  73;  resolution  on  the 
Union,  7o,  76. 

MORRIS,  JAMES  II.,  Rupresentative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

MORRISON,  Captain,  surrender  of  his  vessel  to  rebels,  28. 

MORRISON.  WILLIAM  R.,  Representative  in  Thirty-Eighth 
Congress,  140;  resolution  on  slavery,  259. 

MORSE,  FREEMAN  II.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  member  of  Committee  of  Thirty-three,  53; 
of  Peace  Conference,  67. 

MORTON.  JACKSON,  Deputy  in  Rebel  Provisional  Congress, 
11,  400 ;  voto  on  sece'ssion  ordinance  399. 

MORTON,  OLIVER  P.,  Governor  of  Indiana,  signer  of  Altoona 
•ddress,  233. 

MOSEBT.  JOHN,  commission  of  aa  major  of  partisan  rangers, 
119. 

MULATTOES,  drafting  in  rebel  States,  282. 

MUNNERLTN,  J.  C..  Representative  in  First  Rebel  Congress, 
401. 

MUNROE,  THOMAS  B.,  Deputy  in  Rebel  Provisional  Congress, 
400. 

MURPHY,  ISAAC,  Governor  of  Free  State  of  Arkansas,  321 ; 
votes  and  action  in  secession  convention,  399. 

MURRAY,  JOHN  P.,  Representative  in  Second  Rebel  Con 
gress,  402;  resolution  on  Mexican  question,  617. 

MURRAY,  United  States  Marshal  of  southern  district  of  New 
York,  indicted  by  the  Grand  Jury  for  the  arrest  of  Ar- 
guelles,  355  ;  proceedings  in  court  upon,  355. 

MURRETT,  ROBERT  T.,  arrest  of,  153. 

MYERS,  AMOS,  Representative  in  Thirty-Eighth  Congress, 
140 ;  resolution  relating  to  the  war,  292. 

MYERS.  LEONARD,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

NASH,  JAMES  H.,  Secretary  of  Rebel  Senate,  First  Congress, 
402. 

NATIONAL  BANKS,  proposed  State  taxation  on,  363,  364. 

National  Intelligencer,  adjustment  proposition  of,  74  ;  di 
gest  of  "personal  liberty''  laws,  44;  proposition  of 
writer  in,  75;  on  disclosure,  by  "Eaton,"  of  the  dis 
union  conspiracy.  391 ;  on  disunion  caucus  of  1835,  390. 

NATIONAL  CURRENCY,  act  of  1863,  362,  363 ;  of  1864,  363- 
3G5. 

NAVY,  disposition  of  vessels  in,  during  1860,  report  on,  8. 

NEBRASKA,  enabling  act  for,  377. 

NEGOTIATION,  John  D.  Baldwin's  resolution  against,  with 
rebels,  298,  299;  Niagara  Falls,  301-303. 

NIPRO  SUFFRAGE,  Bills  to  authorize,  in  Montana  Territory, 
and  Washington  city,  amendments  to  and  votes  upon, 
240,  241;  vote  on  proposed,  in  New  York  anfl  Illinois, 
note,  241;  former  in  Tennessee,  383;  proposed  in  re 
constructed  States,  577. 

NBOROES,  enrollment  of  in  "r'ebeldom,"  282,  283,  427,  428; 
draft  of  for  military  service,  282  ;  to  work  on  fortifica 
tions,  28iJ;  impressment  of,  in  Georgia,  282;  changing 
sentiment  in  the  Rebel  Congress  respecting  the  em 
ployment  of,  in  military  service,  282;  in  the  army,  282, 
283;  act  of  Rebel  Congress  respecting,  283;  General 
Magruder  calls  for,  283;  legislation  concerning  negro 
prisoners,  283 ;  Richmond  Inquirer  on,  428.  429 ;  the 
Negro  Soldier  bill,  and  General  Lee's  letter,  611,  612. 

NELSON.  HOMER  A.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

NELSON.  THOMAS  A.  R.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  member  of  Committee  of  Thirty-three,  53; 
report  of.  58 ;  one  of  the  Tennessee  protesters,  438-441. 

NESMITH,  JAMES  W.,  Senator  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140. 

NEVADA  TERRITORY,  bill  to  organize,  89,  90:  admission  of, 
as  a  State,  460;  Senators  and  Representatives  from, 
559;  vote  of  legislature  on  ratifying  the  anti-slavery 
amendment,  600;  vote  at  Presidential  election  of  1864, 
623. 

NEW  ENGLAND,  proposition  of  Garrett  Davis  to  divide,259. 

NEW  HAMPSHIRE,  voto  for  President  in  1860, 1 ;  in  1864.  623 ; 
members  of  Peace  Conference,  67 ;  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  121;  Thirty-Eighth,  140; 
"personal  liberty"  law  of,  44;  Democrats  of,  Rich 
mond  Sentinel's  response  to  resolution  of,  331. 

NEW  JERSEY,  vote  for  President  in  1860,  1:  in  1864,  623; 
members  of  Peace  Conference,  67 ;  Thirty-Sixth  Con 
gress,  48}  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
"personal  liberty"  law,  has  no,  46;  vote  of  legislature 
on  ratifying  the  anti-slavery  amendment,  597. 

NIWMAN,  J.  P.,  Rev.  Dr.,  address  of,  at  New  Orleans,  523, 
524. 


NEW  MEXICO,  proposed  admission  of.  59. 

NEW  ORLEANS,  open  to  trade,  149;  loyalty  of  Episcopal  and 
Presbyterian  Churches  in.  iJ4o-545. 

NEWSPAPERS,  exrlufion  and  suppression  of,  187  :  proceed 
ings,  orders,  presentments,  reports,  letters,  arrests, 
charges,  resolutions,  and  decision  respecting,  188-194, 
441,  442;  rebel  limitations  upon  privileges  of.  177. 

NEW  YORK,  vote  for  President  in  1860.  1;  in  1864.  623; 
members  of  Peace  Conference,  67 ;  Thirty-Sixth  Can- 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140:  of 
'•  personal  liberty"  law,  46;  negro  suffrage  in,  note,  241 ; 
vote  of  legislature  on  ratifying  the  anti-slavery  amend 
ment,  596,  597. 

NEW  YORK  CITY,  Mayor  Wood's  recommendation  that  it  be 
come  a  free  city,  42-44. 

NEW  YORK  CONGRESSMEN,  adjustment  proposition  of,  74. 

NEW  YORK  DEMOCRATS,  Lord  Lyons's  statement  of  views  of, 
respecting  foreign  mediation,  347 ;  correspondence 
with  President.  Lincoln  respecting  v'allandigham's  re 
lease,  167-175. 

NEW  YORK  (Grant)  Meeting,  President  Lincoln's  letter  to, 
336. 

New  York  News,  C.  L.  Vallandigham's  letter  to,  423. 

New  York  Sun,  adjustment  proposition  of,  75. 

New  York  Times,  on  the  disunion  programme,  392. 

New  York  Tribune,  on  the  prospect  of  peace,  303. 

NIAGARA  FALLS  PEACE  NEGOTIATIONS,  301-303. 

NIBLACK,  WILLIAM  E.,  Representative  in  Thirty-Sixth  Con 
gress,  49 :  adjustment  proposition  of,  54. 

NICHOLAS,  Judge,  of  Kentucky,  proposition  to  amend  the 
Constitution,  255,  256. 

NICHOLSON,  A.  0.  P.,  Senator  in  Thirty-Sixth  Congress,  48. 

NISBET,  EUGENIUS  A.,  Deputy  in  Rebel  Provisional  Congress, 
400. 

NIXON,  JOHN  T.,  Representative  in  Thirty-Sixth  Congress, 
48 ;  Thirty-Seventh,  122 ;  member  of  Border-States  Com 
mittee,  73. 

NOBLE,.  WARREN  P.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  resolution  of,  respect 
ing  the  purposes  of  the  war,  286;  amendment  of,  to 
the  loan  bill,  360. 

NOELL,  JOHN  W.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  adjustment  proposition  of, 
54;  on  compensated  emancipation  in  the  border  States, 
211.  217,  218;  bill  to  promote  emancipation  in  Mis 
souri,  224, 225. 

NORFOLK  opened  to  trade,  149. 

North  American  Review,  President  Lincoln's  letter  to  pub 
lishers  of,  336. 

NORTH  CAROLINA,  vote  for  President  in  1860, 1  ;  members  of 
Peace  Conference,  9;  Thirty-Sixth  Congress,  48,  49; 
Deputies  in  Rebel  Provisional  Congress,  400,  when 
elected,  401 ;  Members  of  First  Congress.  401,  402 ; 
Second,  402, 611 ;  secession  movement  in  Convention  and 
Legislature,  4 ;  eei/.ures  and  surrenders,  28 ;  Supreme 
Court  refuse  writs  of  habeas  corpus  to  persons  who  had 
furnished  substitutes,  120;  peace  propositions  in  legis 
lature,  304,  305,619;  resolutions  on  peace,  330;  adjust 
ment  proposition  of  "  distinguished  citizen,"  75;  men 
in  the  army,  399. 

NORTHWESTERN  CONFEDERACY.  Cincinnati  Gazette  upon  the 
intrigue  for,  42. 

NORTON,  ELIJAH  II.,  Representative  in  Thirty-Seventh  Con 
gress.  122. 

NORTON,  JESSE  0.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

NORTON,  N.  L.,  Representative  in  Second  Rebel  Congress, 
402. 

NOTES,  WILLIAM  CURTIS,  Member  of  Peace  Conference,  67. 

NUGEN,  ROBERT  II.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

NYE,  JAMES  W.,  Senator  in  Thirty-Eighth  Congress,  second 
session,  559. 

O 

OATH  OF  ALLEGIANCE,  bill  requiring  from  lawyers,  602 ; 
from  Senators,  note,  603. 

OCHII.TREE,  WILLIAM  B.,  Deputy  in  Rebel  Provisional  Con 
gress,  11,  400. 

O'CoNOR,  CHARLES,  Letter  of  George  X.  Sanders  to,  330. 

ODELL,  MOSES  F.,  Representative  in  Thirty -Seventh  Con 
gress,  122:  Thirty-Eighth,  140. 

OFFICE,  certain  persons  ineligible  to,  act  declaring,  376. 

OFFICE,  civil  and  military,  incompatibility  of,  375. 

OHIO,  vote  for  President  in  1860,  1;  in  1864,  623;  members 
of  Peace  Conlerence,  6S;  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  no  "personal 
liberty"  law,  47  ;  voto  of  legislature  on  ratifying  the 
anti-slavery  amendment,  598. 

OHIO  DEMOCRATS,  correspondence  with  President  Lincoln 
relative  to  Mr.  Vallandigham's  return,  167-175. 

OLDHAM,  WILLIAM  S..  Deputy  in  Rebel  Provisional  Congress, 
11,  400 ;  Senator  in  First  Rebel  Congress,  401 :  S^f-ond, 


644 


INDEX. 


402:  views  on  sequestration,  205;  resolutions  respect 
ing  peace,  6]  6. 

OLDEN,  CHARLES  S.,  Member  of  Peace  Conference.  C7. 

OLIN,  ABRAHAM  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  opinion  in  habeas  cor 
pus  case,  562. 

O'NEILL,  CHARLES,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

O'NEILL,  JOHN,  Representative  in  Thirty-Eighth  Congress, 
140. 

OPINIONS  of  the  Attorneys  General — J.  S.  Black,  upon  the 
powers  of  the  President,  50-52;  Edward  Bates,  on  the 
power  of  the  President  to  make  arrests  and  suspend 
the  writ  of  habeas  corpus,  158-161 ;  Caleb  dishing,  on 
inviolability  of  United  States  mails,  189, 190;  Edward 
Bates,  on  pay  of  colored  chaplains,  279,  280 ;  on  pay  of 
colored  soldiers,  384,  385 ;  on  citizenship  of  colored 
persons,  378-384. 

ORD,  EDWARD  O.  C.,  Major  General,  despatches  at  Hamp 
ton  Roads  Conference,  567. 

ORDERS,  military,  respecting  elections,  308-316,  445. 

ORDERS  of  Abraham  Lincoln — see  "  Lincoln,  Abraham." 

ORDERS  RESPECTING  A  DRAFT,  of  Secretary  Stanton  in  1862, 
272;  in  1864,  note,  604. 

ORDI;RS  RESPECTING  ARRESTS,  of  Secretary  Cameron  in  Mary 
land  Legislature,  153;  General  McClellan,  308,  309; 
Secretary  Stanton,  154;  General  Augur,  187;  Generals 
Butler  and  Wild  respecting  Rev.  S.  II.  Wingfield,  553, 
554. 

ORDERS  RESPECTING  CHURCHES,  of  War  Department  con 
cerning  churches  in  the  insurrectionary  States,  521, 
522;  of  Gen.  Veatch  in  Memphis,  522;  Gen.  Schenck  in 
Baltimore,  524,  525;  Generals  Curtis  and  Schofleld  in 
St.  Louis,  533,  534,  535,  537 ;  Generals  Rosecrans  and 
Pope  in  St.  Louis.  538,  564;  Col.  B.  G.  Farrar  and  Gen. 
Brayman  in  Natchez,  538,  541 ;  Generals  Butler  and 
Bowen  in  New  Orleans,  642, 643 ;  Gov.  Andrew  John 
son  in  Nashville,  542;  Gen.  Wild  in  Norfolk,  542. 

ORDERS  RESPECTING  COLORED  TROOPS,  Secretary  Stanton  to 
Gov.  Andrew,  279 ;  of  Major  General  Palmer  respect 
ing  freedom  of  families  cf,  note,  564. 

ORDERS  RESPECTING  ELECTIONS,  of  General  McClellan  at 
Maryland  election  of  1851,  308,  309;  Generals  Dix, 
Sche'nck,  Fry,  and  Tyler  and  Lieut.  Col.  Tevis,309,  311, 
312 ;  Generals  Burnside,  Asboth,  and  Shackleford,  and 
Lieut.  Col.  Johnson,  and  Colonels  Foster  and  Mundy 
in  Kentucky,  313,314;  Generals  Hall,  Schofield,  and 
Rosecrans  in  Missouri,  314,  315,  445. 

ORDERS  RESPECTING  FUGITIVE  SLAVES,  of  Gen.  Mansfield,  245; 
Washington  City  Provost  Marshal,  (Brig.  Gen.  Andrew 
Porter,)  245;  Gen.  Fremont,  246,  Gen.  Wool,  248; 
Gen.  Hal  leek,  248.  and  proposed  censure  of,  253,  254  ; 
Gen.  Hooker,  250;  Gen.  Doubleday,  250;  Gen.  T. 
Williams,  251;  Lieut.  Col.  Anthony,  251;  Secretary 
Stanton  to  Gen.  Saxton,  252;  Gen.  J.  M.  Tuttle,  253; 
Gen.  Roberts,  253;  Gen.  Grant,  443,444. 

ORDJORS  RESPECTING  IMPRESSMENT  AND  PROTECTION  OF  PROP 
ERTY,  of  Gen.  McDowell  in  Virginia,  251;  Generals 
Ilavtsuft"  and  Boyle  in  Kentucky,  315. 

ORDERS  RESPECTING  SALE  OF  FIRE-ARMS,  of  Gen.  Heintzelman 
in  Columbus,  note,  418. 

ORDERS,  REBEL,  of  Col.  W.  M.  Churchwell,  121;  Judali  P. 
Benjamin  on  bridge  burning  and  arrests,  187  ;  respect 
ing  emancipation,  118;  for  enrollment  of  persons  be 
tween  17  and  50,  427;  for  enrollment  of  negroes  in 
Louisiana,  428;  for  revocation  of  details,  428. 

OREGON,  vote  for  President  in  1860,1;  in  1864,  623;  not 
represented  in  Peace  Conference,  49;  members  of  Thirty- 
Sixth  Congress,  48,49 ;  Thirty-Seventh,  122, 123 ;  Thirty- 
Eighth,  141. 

ORR,  JAMES  L.,  commissioner  to  Washington,  2;  correspond 
ence  with.  President  Buchanan,  29-32;  commissioner 
from  South  Carolina  to  Georgia,  11:  received  by  Con 
vention,  3 ;  Senator  in  First  Rebel  Congress,  401 ;  Sec 
ond  402;  objections  to  bill  repealing  substitute  lavv, 
121 :  vote  on  secession  ordinance.  399. 

ORR,  JOHN  A.,  Representative  in  Second  Rebel  Co  tigress,  402. 

ORTH,GODLOVE  S..  Member  of  Peace  Conference,  68:  Repre 
sentative  in  Thirty-Eighth  Congress,  140;  amendment 
to  the  enrollment  1)111^269. 

OWENS,  JAMES  B.,  Deputy  in  Rebel  Provisional  Congress,  11, 
400;  vote  on  secession  ordinance,  399. 


PACIFIC  Republic,  intrigues  for,  41;  Shsata  Herald  upon. 
41 ;  San  Francisco  life.,  42. 

PAINE,  E.  T.,  Colonel,  arrested  for  declining  to  return  fugi 
tive  slaves,  251. 

PALMER,  JOHN  M.,  Member  of  Peace  Conference,  68;  Major 
General,  order  announcing  freedom  of  families  of  col 
ored  soldiers,  note,  564. 

PALMER.  GEORGE  W.,  Represented™  in  Thirty-Sixth  Con 
gress,  48. 


PARKE,  JOHN  G.,  Major  General,  despatches  at  Hampton 
Roads  Conference,  567. 

PARKI.R,  JOSEPH,  bearer  of  Peace  address  from  Great  Brit 
ain,  correspondence  with  Secretary  Seward,  456. 

PATTERSON,  JAMES  W.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

PATTERSON,  Judge,  East  Tennessee,  Benjamin's  order  of  ar 
rest,  note,  187. 

PATTERSON,  ROBERT,  Major  General,  proclamation,  244. 

PATTON,  JOHN,  Representative  in  Thirty-Seventh  Congress, 

PAT  of  colored  soldiers,  Opinions  cf  Attorney  General  upon, 
279,  280,  384,  385;  proposed  prohibition  of  pay  to, 

PAY  of  soldiers  increased,  116,  272. 

PEACE,  Alexander  H.  Stepheus's  letters  on,  430, 431, 458,  459; 
Wm.  Wr.  Boyce's,  431-433,  457  ;  llerschel  V.  Johnson's, 
433,434;  General  Grant  on,  434;  Benjamin  to  Mason, 
455 ;  Davis  in  his  la«t  messages,  455,  450,  611 ;  Alabama 
legislature  on,  456;  Rebel  House  of  Representatives  on, 
456 ;  Address  from  Great  Britain,  456 ;  Hampton  Roads 
Conference,  56G-572;  correspondence  of  Generals  Grant 
and  Lee  on  military  convention,  572.  573;  Garrett  Da- 
vis's  proposition  for,  573,574;  resolutions  of  Messrs. 
Cox,  Fernando  Wood,  Ingcrsoll,  Townsend,  Dawson, 
and  Williams,  574,  575:  Niagara  Falls  Peace  Negotia 
tions,  301-303,  and  Horace  Greeley's  letter  upon,  603: 
S  repositions  in  Rebel  Congress,  614-616:  movements 
i  legislatures  of  North  Carolina,  Virginia,  Alabama, 
and  Georgia,  619-622. 

PEACE  CONFERENCE,  Propositions  of,  rejected  in  Virginia 
Convention,  7;  Washington  telegram  of  Charleston 
Mercury  respecting.  41 ;  delegates  to,  officers  of,  pro 
ceedings,  and  propositions,  and  votes  in,  67-69;  Con 
gressional  votes  on  proposition  of,  69,  70. 

PEACE  PROPOSITIONS  IN  CONGRESS,  294-300. 574,  575  ;  corres 
pondence  between  President  Lincoln  and  Fernando 
Wood,  296, 297 ;  Niagara  Falls  Conference,  and  New 
Fork  Tribune  on  prospects  of  peace,  301-303;  Rich 
mond  Examiner  on,  399. 

PEACE  PROPOSITIONS,  REBEL,  in  their  Congress,  and  debate 
303-307,614-616;  in  Senate  of  Virginia,  304;  Legisla- 
tures  of  North  Carol  rtia,Virginia,  Alabama,  and  Georgit^ 
304, 330,  619-622;  Richmond  press  upon,  305. 

PEARCE,  JAMES  ALFRED,  Senator  in  Thirty-Sixth  Congress. 
48;  Thirty-Seventh,  122;  death,  123. 

PEARSON,  Judge,  of  North  Carolina,  opinion  on  habeas  cor 
pus,  120. 

PENDLETON,  GEORGE  H.,  Representative  in  Thirty-Sixth 
Congress,  49;  Thirty-Seventh,  122;  Thirty-Eighth,  140 
resolutions  relative  to  BultimorePoliceCoinmissionere 
180,  alleged  proposition  of  release  to  prisoners,  18:5, 
arrest  of  Mr.  Vallandigham,182,  and  the  Object* of  tb* 
war,  286;  remarks  on  newspaper  exclusion  from  t»» 
mails,  191, 192;  nomination  of,  for  Vice  President  i« 
Democratic  National  Convention,  and  remarks  on  a?- 
cept^ing,  420;  speech  at  Dayton,  421;  in  New  Yonc, 
422;  letters,  423. 

PENNINGTON,  WILLIAM,  Representative  in,  and  Speaker  IK 
House,  Thirty-Sixth  Congress,  48. 

PENNSYLVANIA,  vote  for  President  in  1860,  1:  in  1864,  623; 
members  of  Peace  Conference,  67  ;  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122:  Thirty-Eighth,  140;  per 
sonal  liberty  law,  46,  47  :  decisions  of  Supreme  Court 
on  enrollment  act,  273,  274  ;  of  Judges  on  "  legal  ten 
der,"  455;  vote  of  legislature  on  ratifying  the  anti- 
slavery  amendment,  597. 

PENROSE,  SAMUEL,  arrest  of,  153. 

PENSACOLA,  port  of,  opened  to  trade,  149. 

PEOPLE'S  COMMJTTEE,  address  of,  410. 

PEREA,  FRANCISCO,  Delegate  from  New  Mexico,  declaration 
of,  note,  590. 

PER  HAM.  SIDNEY,  Representative  in  Thirty-Eighth  Congress, 
140. 

PERKINS,  JOHN.  JR.,  Deputy  in  Rebel  Provisional  Congress, 
11,  400;  Representative  in  First  Congress,  401 ;  Second, 
40.:;  reported  offered  and  declined  Secretaryship  of  the 
Navy,  400. 

PERRY,  JOSEPH  J.,  Representative  in  Thirty-Sixth  Congress, 
48;  Member  of  Peace  Conference,  67. 

PERRY,  M.  S.,  Governor  of  Florida,  message  of,  2. 

PERRY,  NEHEMIAH,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

PBRRYMAN,  JOHN  D.,  one  of  the  Tennessee  protesters,  438- 
441. 

PERSONAL  liberty  laws  of  Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Connecticut,  Rhode  Island,  New  Jersey, 
Pennsylvania,  Michigan,  Iowa,  and  Wisconsin,  with 
movements  to  modify  or  repeal,  44-47;  complained  of 
in  South  Carolina  Convention,  16;  Alexander  II.  Ste 
phens  upon,  24,  25:  propositions  in  Senate  Committee 
of  Thirteen,  70;  resolution  in  House,  68,  75;  remarks 
of  Senator  Simmons  upon,  47. 

PITIGRU,  JAMES  L.,  argument  on  sequestration.  205.  206. 


INDEX. 


C45 


PETTIT,  JOHN  U.,  Representative  in  Thirty-Sixth  Congress, 
49;  member  of  Border-State  Committee,  73. 

PETTL-S,  E  \V.,  Commissioner  from  Alabama  to  Mississippi, 
117;  received  by  Convention,  3. 

PEYTO.V,  BAILIE,  Xationul  InMliffencfr'l  statement  respect 
ing  in  1835,  390 ;  one  of  the  Tennessee  protesters,  438- 
441 

PEYTON,  ROBERT  L.  Y.,  Senator  in  First  Rebel  Congress, 
402 ;  withdrawal,  40J. 

PEYTON,  SAMUEL  O.,  Representative  in  Thirty-Sixth  Con 
gress.  49 

PHELAN.  JAMES,  Senator  in  First  Rebel  Congress, 401. 

PHELPS.  JOHN  S.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  member  of  Committee  of 
Thirty-three,  53:  report,  58 ;  views  on  compensated 
emancipation,  213-217;  vote  for  Vice  President  in 
Democratic  National  Convention,  420. 

PHELPS,  TIMOTHY  G.,  Representative  in  Thirty-Seventh 
Congress,  122. 

PHILADELPHIA  FAIR,  President  Lincoln's  remarks  at,  337. 

PHILLIPS  county,  (Arkansas,)  purchase  of  United  States 
arms  by,  in  I860.  35. 

PHILLIPS,  WENDELL,  Letter  to  Judge  Stallo,  411 ;  to  Cleve 
land  Convention.  412. 

Picayune,  New  Orleans,  on  fall  of  Sumter.  114. 

PICKENS,  Colonel,  of  East  Tennessee,  Benjamin's  order  of 
arrest,  187 

PICKENS,  FRANCIS  W.,  Governor  of  South  Carolina,  2;  cabi 
net,  2;  proclamation  announcing  independence,  2; 
deputation  of,  and  instructions  to  Isaac  W.  Hayne, 
commissioner  to  Washington,  32 ;  course  in  caucus  of 
1835,  390. 

PICKETT,  J.  T.,  secretary  to  rebel  commissioners,  109, 
110. 

PIERCE,  FRANKLIN,  Letter  to  Jeff.  Davis,  January  6, 1860, 
391 ;  named  in  Chicago  Convention  for  nomination  and 
withdrawn,  420. 

PIERPOINT,  FRANCIS  H.,  Governor  of  Virginia  and  signer  of 
Altoona  address,  233. 

PIKE,  FREDERICK  A.,  Representative  in  Thirty-Seventh  Con 
gress,  122 ;  Thirty-Eighth,  140;  amendment  to  extend 
enrollment  to  include  persons  of  fifty  years  of  age,  268. 

PINCKNEY,  J.,  request  for  special  session  of  Maryland  legis 
lature  of  1861,  8. 

PIZTS:  CHARLES  H.,  arrest  of,  152;  offer  of  negroes  to  Bal 
timore  Police  Commissioners,  393;  motions  and  votes 
in  Maryland  Legislature,  396-398. 

PITTSBURG.  excitement  in,  on  attempted  removal  of  guns 
from  Allegheny  Arsenal,  35. 

PLATFORMS,  of  Baltimore  Convention,  406  ;  of  Cleveland 
Convention.  413  ;  of  Union  League,  410;  of  Democratic 
National  Convention,  419,  420;  Vallandigham's  letter 
upon,  423;  Conservative  National  Union  men,  423. 

POLICE  Commissioners,  Baltimore,  arrest  of,  and  reasons, 
152;  application  to  Congress,  179,  180;  minutes  of, 
393,  394. 

POLICEMAN  DAVID  DANEKER,  of  Baltimore,  refusal  to  "conde 
scend'  to  pull  down  the  American  flag,  and  resigna 
tion,  394  ;  William  T  Butler  resigned,  394. 

POLLOCK,  JAMES,  Member  of  Peace  Conference,  67. 

POLK,  LEONIDAS,  Bishop,  pastoral  letters  of,  515;  commis 
sioned  Major  General  "Confederate"'  Army,  with  Bish 
op  Meade's  advice  to,  and  B-ishop  Burgess's  opinion  of, 
•note,  515;  allusion  to  in  pastoral  letter,  486;  and  death 
of,  note,  515. 

POLK.  TKUSTEN,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122:  telegram  to  Missouri,  39;  amend 
ment  to  resolution  on  the  cause  of  the  war,  286;  ex 
pulsion  of.  123. 

.POLYGAMY,  to  prohibit  in  Utah,  376. 

POMEROY,  SAMUEL  C..  Senator  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140;  proposition  relative  to  repre- 
Srtiitatiou  in  the  Electoral  College,  578;  relative  to  the 
return  of  Arkansas  to  the  Union,  586. 

POMEROY,  THEODORE  M.,  Representative  in  Thirty-Seventh 
Congress,  12U;  Thirty-Eighth,  140;  substitute  for  loan 
bill,  360;  amendment  to  national  currency  bill,  364. 

POOL,  JOHN,  resolutions  on  Peace  in  North  Carolina  legis 
lature,  619. 

POPK,  JOHN.  Major  General,  modification  of  General  Rose- 
crans's  Church  Order, 554. 

POPE,  The,  reply  ot  to  the  Rebel  Commissioners,  517. 

POKIER,  ALBERT  G..  Representative  in  Thirty-Sixth  Con 
gress,  49;  Thirty-Seventh,  122:  motion  and  proposi 
tion  or,  emancipation  bill,  200,  201. 

PORT  ROYAL  opened  to  trade,  149. 

POSTMASTERS  GENERAL,  Opinions  of.  18S-191. 

POSTON,  CHARLES  D.,  Delegate  from  Arizona,  declaration  of, 
590. 

POTTEK.  JOHN  F.,  Representative  in  Thirty-Sixth  Congress, 
49;  Thirty-Seventh,  122;  Member  of  Peace  Confer 
ence,  68. 

POTTER.  R.  B.,  Genera",  President  of  the  Vallandigham  mili 
tary  court,  162 


POTTLE,  EMORY  B.,  Representative  in  Thirty-Sixth  Congress, 
-J8. 

POWELL.  LAZARUS  W.,  Senator  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  chair 
man  of  Committee  of  Thirteen,  70 ;  amendment  to 
Crittenden  proposition,  65,  66;  resolution  on  arrest  of 
Baltimore  Police  Commissioners,  179;  arrests  in  Ken 
tucky,  180;  dispersion  of  convention,  181;  amendment 
to  indemnity  bill,  185;  propositions  to  abolish  fishing 
bounties,  375,  376;  to  amend  the  Constitution,  255,256; 
amendment  to  enrollment  bill,  265;  amendments  to 
bill  to  increase  the  pay  of  soldiers,  272;  to  bill  to  sup 
press  insurrection,  275  ;  to  engineer  bill,  276:  to  bill 
for  emancipation  in  Missouri,  225;  to  national  cur 
rency  bill,  364;  bill  to  prevent  interference  in  elections, 
315,316,506;  protest  against  the  bill  to  punish  con 
spiracies,  377,  378;  declined  as  candidate  for  nomina 
tion  for  Vice  President  at  Democratic  National  Con 
vention,  and  vote  for  Vice  President,  420;  proposed 
resolution  and  bill  respecting  churches,  543  ;  resolu 
tions  relative  to  release  of  prisoners,  559,  to  arrests  in 
Kentucky,  560,  to  compensation  of  loyal  slave-owners, 
565;  amendment  to  bill  to  allow  bail  in  certain  cases, 
562;  to  bill  to  secure  freedom  of  colored  soldiers' 
families,  565. 

POWERS  of  the  President,  opinion  of  Attorney  General 
Black,  50-52;  Chief  Justice  Taney,  155-158;  Attorney 
General  Bates,  158-161. 

PRATT,  JAMES  T.,  Member  of  Peace  Conference,  67. 

PRATT,  THOMAS  G.,  request  for  special  session  of  Maryland 
Legislature  of  1861,  8;  proposed  member  of  board  of 
public  safety,  9 ;  Senator  Mason's  desired  interview 
with,  393. 

PRESBYTERIAN  CHURCH,  CUMBERLAND,  deliverances  of  1863, 
473,  474. 

PRESBYTERIAN  CHURCH,  (NEW  SCHOOL,)  deliverances  of  1861, 
1862,  1863  and  1864,  468-472 ;  remarks  of  President 
Lincoln  to  Committee  of,  in  1863,  471;  Secretary  Stan- 
ton's  order  for  occupation  of  churches  in  insurrec 
tionary  States,  522. 

PRESBYTERIAN  CHURCH,  (OLD  SCHOOL,)  deliverances  of  1861, 
1862,  1863,  and  1864,  461-466;  reaffirming  the  testi 
mony  of  1818  on  slavery,  465;  dissent  of  the  Presby 
tery  of  Louisville,  522.  IN  INSURRECTIONARY  STATES, 
508-513;  action  of  General  Assembly  in  1861,  508-512; 
of  1862  and  1864,  512,  513;  Union  of  old  and  new 
schools,  513:  on  religious  instruction  of  slaves.  513, 
548:  an  East  Tennessee  church,  513:  Secretary  Stan- 
ton's  order  for  tho  occupation  of  churches  in  insurrec 
tionary  States,  522. 

PRESBYTERIAN  CHURCH,  REFORMED,  resolutions  of  General 
Synod  in  1863  and  1864,  473. 

PRESBYTERIAN  CHURCH,  REFORMED,  (OLD  SCHOOL.)  Address  to 
President  Lincoln  in  1862,  472;  resolutions  of  Synod 
in  1864,  472,  473. 

PRESBYTERIAN  CHURCH,  UNITED,  deliverances  of  1861  and 
1862,474-.  of  1863  and  1864,507,508;  orders  of  Secre 
tary  Stauton  relative  to  churches  of,  in  insurrectionary 
States,  521,  522. 

PRESBYTERIAN  CHURCHES,  in  New  Orleans,  loyalty  of,  544, 
545;  in  East  Tennessee,  546;  Cumberland  Presby 
terian,  546. 

PRESBYTERY,  TRANSYLVANIA,  of  1861,  action  respecting  mar 
riage  of  slaves,  458. 

PRESIDENT,  ELECTION  OF,  Propositions  to  change  the  mode 
and  term,  54,  55,  57,  73,  87,  255,  256,  573. 

PRESIDENT,  powers  of  the,  Attorney  General  Black,  50-52; 
Chief  Justice  Tauey,  155-158;  Attorney  General  Bates, 
158-161. 

PRESIDENTIAL  ELECTION,  of  1860,  1;  of  1864,  623;  Mr.  Lin 
coln's  estimate  of  actual  result,  558,  623. 

PRESS,  freedom  of  the,  Justice  Story  upon,  188;  other  pro 
ceedings  respecting,  117, 188-194,  441,  442,  562. 

PRESTON,  JOHN  S.,  Commissioner  from  South  Carolina  to 
Virginia,  11;  received  by  Legislature,  6;  his  denuncia 
tion  of  the  Union,  6;  telegram  to  Judge  Hopkins,  40. 

PRESTON,  WALTER,  Deputy  in  Rebel  Provisional  Congress, 
400  ;  Representative  in  First  Congress, 402;  Second,  402. 

PRESTON,  WILLIAM  BALLARD,  vote  on  secession  ordinance, 
7;  Commissioner  of  Virginia  in  making  military  league, 
8;  delegate  from  Virginia  Convention  to  President  Lia- 
coln,  112;  Deputy  in  Rebel  Provisional  Congress,  400  ; 
Senator  in  First  Congress,  401  ;  retired,  401. 

PRICE,  HIRAM,  Representative  in  Thirty-Eighth  Congress, 
140;  resolution  relative  to  furloughing  drafted  clergy 
men,  564. 

PRICE,  RODMAN  M.,  Member  of  Peace  Conference,  67 ;  let 
ters  of,  in  1860,  found  in  Fredericksburg,  Va.,  390. 

PRICE,  THOMAS  L.,  Representative  in  Thirty-Seventh  Co,*- 
gress,  123;  views  on  compensated  emancipation,  21J- 
217  ;  proposed  resolution  of,  at  Democratic  Natiou-u 
Convention.  418. 

PROCEEDINGS  of  the  Government  in  relation  to  the  socessiou 
movement.  48-90. 


646 


PROCLAMATION'  OF  PRESIDENT  LINCOLN,  for  troope.  141,  C04; 
amnesty,  147,  48;  blockade,  149,  COS;  commercial  inter 
course,  14;),  150;  declaring  the  boundaries  of  the  insur 
rection,  150;  suspending  the  privilege  of  the  writ  of 
habeas  corpus,  177,  178;  under  confiscation  act,  208; 
rescinding  General  Hunter's  proclamation,  251:  respect 
ing  reconstruction  bill,  318,  ;J19;  of  emancipation,  227, 
228;  pardon  to  dasertern.  004;  on  equality  of  lights 
with  all  maritime  nations,  605. 

PROCLAMATIONS  of  General  McClcllan  ill  Western  Virginia, 
244;  General  Patterson,  244;  General  Fremont  on 
emancipation,  245,  246;  of  General  Thomas  W.  Slier- 
man,  248;  of  General  John  A.  Dix.  248;  General  Burn- 
Bido  in  North  Carolina,  240;  General  Ilalleck,  2CO; 
General  Hunter  on  emancipation,  250;  of  Governor 
Bradford,  309,  310;  of  Governor  Cannon  of  Delaware, 
312;  of  Governor  J.  F.  Robinson,  of  Kentucky,  313; 
Governor  Andrew  Johnson  for  election  in  Tennessee, 
436-438;  of  Major  General  Palmer,  note,  564. 

PROCLAMATIONS,  REBEL,  Davis'sof  banishment,  121 ;  on  con 
scription,  118;  martial  law,  121  ;  outlawry  of  General 
Butler,  note,  283;  Governor  J.  E.  Brown  on  northern 
debls,  3 ;  General  M.  Jeff.  Thompson,  note,  245,  246. 

PROPERTV.  rebel  regulations  for  destroying,  117. 

PROPOSED  censure  of  officials,  proceedings  of  Congress  on, 
386-388. 

PROPOSITIONS  of  adjustment — see  "  Adjustment." 

PROTESTANT  EPISCOPAL  CHURCH,  action  of  General  Conven 
tion  of  the  United  States,  483-494;  pastoral  letter  of 
Bishops,  486-489 ;  their  censure  of  Bishop  Polk,  486, 
487  ;  protest  of  Bishop  Hopkins  and  his  rejected  ad 
dress,  489—493 ;  President  Lincoln's  response  to  the  pas 
toral  Address,  493;  protest  of  Pennsylvania  Episcopa 
lians  against  Bishop  Hopkius's  defence  of  slavery,  493, 
494;  ac  ion  of  Pennsylvania  Diocesan  Convention,  493. 
IN  INSURRECTIONARY  STATES  :  Alabama  Diocesan  Con 
vention,  515;  General  Convention  of  1861,  515;  of  1862, 
and  pastoral  letter  of  Bishops,  515,  516:  Bishop  Folk's 
pastoral  letters,  assumption  of  military  duties,  and 
death,  515;  loyalty  of  New  Orleans  churches,  543,  544. 

PROTESTS,  of  30  members  of  House  of  Representatives  against 
the  indemnity  bill,  184, 185 ;  of  nine  Senators  against  the 
bill  to  punish  conspiracies,  877;  of  Tennesseeans 
against  Governor  Johnson's  proclamation,  438-441 ;  re 
ply  of  President  Lincoln,  425;  of  Pennsylvania  Episco 
palians  against  Bishop  Ilopkins's  defence  of  slavery,  493. 
494 ;  of  members  of  Baltimore  Methodist  Episcopal  Con 
ference  of  1861,  496. 

PROVISIONAL  Cabinet  of  Jeff.  Davis,  12,  400. 

PROVISIONAL  Constitution,  Rebel,  adopted,  12;  particulars 
of,  12. 

PROVISIONAL  Congress,  Rebel,  names  of  deputies  and  officers, 
11,  400  ;  proceedings  of,  12. 

PRUYN,  JOHN  V.  L.,  Representative  in  Thirty-Eighth  Con 
gress,  140 ;  resolution  relative  to  the  seized  newspa 
per  offices  in  New  York,  194. 

PRYOR,  ROGER  A.,  Representative  in  Thirty-Sixth  Congress, 
49;  address  to  the  people  of  Virginia,  40  ;  adjustment 
proposition  of,  73;  resolution  on  coercion,  76;  on  bom 
bardment  of  Sumter,  112  ;  Deputy  in  Rebel  Provisional 
Congress,  400;  Representative  in  First  Congress,  402; 
retired,  402. 

PUBLIC  CREDIT  under  Buchanan,  365,  366. 

PUBLIC  DEIST — statements  of  amount  at  different  periods, 
365-368,601,602;  Secretary  Chase's  letter  respecting 
the  redemption  of  in  gold,  note,  367  ;  of  rebels,  3S6. 

"PUBLIC  SAFETY"  bill  in  Legislature  of  Maryland,  398. 

PUGH,  GZ.ORGEE.,  Senator  in  Thirty-Sixth  Congress, 48;  ad 
justment  proposition,  63,  64. 

PUGH,  JAMES  L.,  Representative  in  Thirty-Sixth  Congress, 
49;  his  purpose  in  taking  his  seat,  392;  declaration 
respecting  secession,  53  ;  sent  telegram  South,  37  ;  with 
drew,  4;  Representative  in  First  Rebel  Congress,  401 ; 
Second. 402. 

PURYEAR,  ROBERT  C.,  Deputy  in  Rebel  Provisional  Con 
gress,  400. 


QUARLES,  JAMES  M.,  Representative  in  Thirty-Sixth  Congress, 

49. 
QUINLAN,  Mr.,  arrest  of,  152. 


RADFORD.  WILLIAM,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

RAISIN   MK.,  arrest  ofyl52. 

li.aix.iij 1 1  Standard,  st  nsHtion  article  of,  38. 

RALL\  Jo».>  P..  Representative  in  First  Rebel  Congress, 
401  ,  8ecoi.il,  402. 

RAMBAV,  JAMES  G.,  Representative  in  Second  Rebel  Con- 
gifb»,4UJ. 

RAMHE*    ALEXANDER,  Senutor  in  Thirty-Eighth   Congress, 


RANDALL,  SAMUEL  J..  Representative  in  Thirty-Eighchtxm- 
grcss,  l-'.O. 

RANDALL.  WILLIAM  11.,  Representative  in  Thirty-Eighth 
Congresr.,  140. 

RANDOLPH,  GEORGE  W.,  vote  on  socwinn  ordinance,  7,  no/ei 
delegate  from  Virginia  to  Pres/ivrl  Lincoln,  112;  de 
clined  to  receive  Creoles  into  t'l?  .'u'Uiarv  service,  and 
reason  for,  262;  Provisional  Seci«t»ry  of" War,  401;  re 
signed  and  appointed  brig.tuier.  401. 

RANDOLPH.  JOSEPH  F.,  Member  of  Peace  Conference,  67. 

RANSOM,  M.  W.,  Commisbionvr  from  North  Carolina  to 
Rebel  Provisional  Congress,  12. 

RATIFICATION  OF  TUK  ANTI  L'LAVLKY  AMENDMENT,  Mr.  Sum- 
ner's  resolution  concerning,  591 ;  votes  of  Legislatures.. 
595-600. 

RAYMOND,  HENRY  J.,  report  of,  in  Baltimore  Convention, 
406. 

READ,  HENRY  E.,  Representative  in  First  Rebel  Congress, 
401;  Second,  402. 

READ,  JOHN  M.,  Justice,  opinion  on  enrollment,  273. 

REAGAN,  JOHN  II..  Representative  in  Thirty-Sixth  Congres^ 
49;  Deputy  in  Rebel  Provisional  Congress.  11,  400: 
Postmaster  General  in  Provisional  and  Permanent  *C~ 
ministration,  400,  401. 

REBEL  ADMINISTRATION,  names  of  persons  composing,  40U- 

REBKL  ARMY,  strength  of,  121,  399,  612. 

REBEL  COMMISSIONERS,  appeal  of  certain,  to  Earl  RusseL- 
and  reply  of  latter,  27 ;  correspondence  of  certain 
with 'President  Buchanan,  29-o4;  intercourse  of  at 
tain,  with  Secretary  Soward,  108-110. 

REBEL  CONGRESSES,  names  ot  members  aL-d  officers,  400- UK 

REBEL  DEBT,  368;  resolution  respecting,  o75,  570. 

REBEL  ENROLLMENT  ORDERS,  of  persona  between  17  and  it 
427 ;  of  negroes,  428. 

REBEL  FINANCIAL  legislation,  368-373,  673,  614. 

REBEL  INDEPENDENCE,  demands  and  terms,  303-307,  32  fc- 
332. 

REBEL  LEGISLATION,  military,  117-120,  611-613;  letters  •* 
marque,  117  ;  conscription  laws,  118,  119 ;  on  hah  n« 
corpus,  187  ;  sequestration.  203,  613;  military  emplc*- 
ment  of  colored  persons,  281-2S3, 611 ;  on  peace,  303-31 k 
614-617;  reconstruction,  329-332;  taxation,  36S-31.  * 
613,  614. 

REBEL  STATES,  electoral  vote  of,  318,  319,  577,  578;  reso)e~ 
tions  on  their  relations  to  the  Government,  322-32.M 
reconstruction  of.  317-322,  435-137,  576-588. 

RECOGNITION,  of  Hayti  and  Liberia,  recommendation  -< 
President  Lincoln,  130;  bill  for,  239;  of  rebel  indepei**- 
ence  demanded  by  Legislature  of  Maryland, 397,  3»*'? 
of  independence,  the  sine  qua  non  of  rebels,  303-311, 
329-332,  566-573. 

RECONSTRUCTION,  proceedings  respecting,  317-331 ;  reWt 
press  and  politicans  on,  330,  331 ;  George  N.  Sander* 
on  terms  of,  330;  General  Grant's  letter  on,  nrfe,  571; 
reports,  proceedings,  and  votes  in  Congress  upon,  57ft. 
577,  581-588. 

RECONSTRUCTION,  views  of  various  rebel  leaders,  Legisla 
tures,  Congress,  and  press  upon,  329-332. 

RECTOR,  Governor,  of  Arkansas,  reply  to  President's  first 
call  for  troops,  115. 

REFORMED  PROTESTANT  DUTCH  CHURCH,  Action  of,  482,  483 

REID,  DAVID  S  ,  Member  of  Peace  Conference.  68. 

REID,  JOHN  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  expelled,  123. 

REPORT  to  the  South  Carolina  Convention  of  Mr.  Rhett,  12- 
15;  of  Mr.  Memmiuger,  15,  16;  of  Mr.  \Vithers,  19; 
of  Major  Anderson  to  the  Secretary  of  War,  114:  of 
committee  and  Secretary  Holt  on  secret  organization, 
to  attack  the  capital,  80-82;  of  Mr.  Dawes  on  the  dis 
position  of  United  States  vessels,  also  respecting  res 
ignations  in  the  navy,  82-84;  and  minority,  by  Mr- 
Branch,  84;  majority  by  Mr.  Reynolds  and  minority  by 
Mr.  Branch  upon  bill  to  authorize  the  President  to  call 
out  the  militia,  85;  of  committee  on  the  correspond 
ence  between  the  President  and  the  "special  envoy"  of 
South  Carolina,  85;  of  Committee  on  Judiciary  respect 
ing  suppression  of  newspapers,  188-191;  on  transfer  of 
arms  South  in  1S59-'60.  34-36;  of  House  Committee  of 
Thirty-three,  57-62;  of  Peace  Conference,  68;  Senate 
Committee  of  Thirteen,  69-73;  of  John  Cochrane  on, 
imports  bill,  79,  80 ;  of  several  on  reconstruction, 
581-588. 

REPRESENTATION,  APPORTIONMENT  OF,  proposed  constitu 
tional  amendment  to  change,  591,  592. 

RESIGNATIONS  in  the  unvy — see  "  Report." 

RESOLUTIONS  tor  protection  of  slave  property  in  the  Terri 
tories,,  90. 

RESOLUTIONS  in  the  Maryland  Legislature,  397,  398. 

RESOLUTIONS  offered  at  second  session  of  Thirty-Sixth  Con- 
grefcs,  58-o9;  in  Thirty-Seventh  ind  Thirty-Eign;li  Con 
gresses,  on  arrests,  179-183,  560;  on  ncw.->p!!p<Tsuppr«>-- 
sion,  194;  compensated  emancipation, 20.»,  '.ilO.  226,  565; 
•emancipation   proclamation,  229-231 ;   Gc-ii.    Hal  leeks 


INDEX. 


017 


order,  253;  •l:ivery,C59:  enrollment  «ot,  270,271.  564;  : 
the  objects  of  the  war.  2$: -290:  tin-  prosecution  of  the 
war,  290-294$  "peace,"  294-2-JO. 2^7-300.  574, 576  ;  mil 
itary  orders  concerning  <-:fciions,  015;  the  relations  ol 
the  rebellious  Stiites  to  the  Government,  322-^9:  ar 
rest  of  Mason  and  Slidell,  343;  monarchical  intrigues 
in  Central  and  South  America.  343;  foreign  mediation, 
346.347;  the  LYonch  in  Mexico, 348, 349;  the  Arguelles 
case.  ."54,  355:  taxation,  359;  incompatibility  of  civil 
and  military  office,  375;  declaring  certain  penons  in 
eligible  to  office,  37(3;  proposed  een»ur«  of  President 
Lincoln,  3S6,of  ex-President  Buchanan,  337,  3o8,  Rep 
resentatives  Long  and  Harris,  387,388;  on  fiirlonglihig 
drafted  clergymen,  501;  on  confiscating  ^property  of 
deserters,  504 ;  on  constitutional  powers,  573 ;  on  addi 
tional  guaranties  for  the  liberties  of  the  pei  pie,  573; 
on  the  ratification  of  ft  constitutional  amendment,  591 ; 
on  oath  of  allegiance  for  lawyers,  C02. 

RESOLUTIONS,  rebel,  of  Congress  on  independence,  329,  456, 
614-610;  Legislature  of  Virginia  on  guerrillas,  119; 
Legislature  of  Georgia,  329,  K99,  621,  022;  of  North  Car 
olina,  330,  619,  620;  of  Louisiana  3.",2;  of  Mississippi, 
399;  of  Alabama,  456;  of  Virginia,  620,  G21 ;  of  Texas, 
616. 

REYNOLDS,  EDWIN  R.,  Representative  in  Thirty- Sixth  Con 
gress,  48. 

REYNOLDS,  JOHN  II.,  Representative  in  Thirty-Sixth  Con 
gress,  48  ;  member  of  Select  Committee  on  Military  and 
Naval  Affairs,  80 ;  report  of,  85. 

RHETT,  ROBERT  BARN  WELL,  Sr..  Deputy  in  Rebel  Provisional 
Congress,  2,  11,400;  report  in  South  Carolina  conven 
tion,  12-15;  remarks  on,  18  ;  views  on  fugitive  slave 
law,  18;  vote  on  secession  ordinance,  393. 

RHODE  ISLAND,  vote  for  President  in  1860, 1  ;  in  1864,  623; 
members  of  Peace  Conference,  07  :  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140; 
"  personal  liberty"  law,  40,  47  ;  vote  of  Legislature  on 
ratifying  the  aiiti  slavery  amendment,  596. 

RICE,  ALEXANDER  II.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140. 

RICE,  HENRY  M.,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  member  of  Committee  of  Thir 
teen,  70 ;  proposition  of  adjustment,  72. 

RICE,  JOHN  IL,  Representative  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140 ;  resolution  on  the  war,  294; 
proposed  militia  bill,  279. 

RICHARDSON,  WILLIAM  A.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty- Eighth,  122;  Senator  in  Thirty- 
Eighth,  123;  resolution  respecting  imprisonment  of 
citizens  of  Illinois,  181 ;  amendment  to  bill  to  increase 
pay  of  soldiers,  272, 

Richmond  Enquirer,  5, 114,  305,  428,  429— see  "  Enquirer: 

Richmond  Examiner,  114,  305,  330,  399— see  "Examiner: 

RICHMOND  MEETING,  resolutions  of,  after  the  Hampton 
Roads  Conference,  572. 

Richmond  Sentinel-,  331,  399— see  "  Sentinel." 

Richmond  Whig,  on  anti-substitute  bill,  121. 

RIDDLE,  ALBERT  G.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

RIDDLK,  GEORGE  R ,  Senator  in  Thirty-Eighth  Congress,  140 

RIDGELY,  HENRY,  Member  of  Peace  Conference,  68. 

RIGGS,  JETUR  R.,  Representative  in  Thirty-Sixth  Congress 

RILEY,  E.  S.,  arrest  of,  153. 

RIVES,  WILLIAM  C.,  member  of  Peace  Conference,  68  ;  Dep 
uty  in  Rebel  Provisional  Congress,  400 ;  Representative 

in  Second  Congress,  402. 
ROBERTS,  BKNJAMIN  S.,  Brigadier  General,  order  concerning 

contrabands,  253. 
ROBERTSON,  Judge,  Commissioner  from  Virginia   to  South 

Carolina,  2. 
ROBINSON,  CHRISTOPHER,  Representative  in  Thirty-Sixth  Con 

gross,  43;  member  of  Committee  of  Thirty-three,  53. 
ROBINSON,  JAMES  C.,  Representative  in  Thirty-Sixth  Con 

gress,  49;  Thirty-Seventh,  122;  Thirty -Eighth,  140. 
ROBINSON,  J.  V.,  Governor  of  Kentucky,  proclamation,  313 
RoBiNbON,  Lucius,   Letter   on  the   Cleveland   Convention 

413. 

RODNEY,  GEORGE  B  ,  Member  of  Peace  Conference,  68. 
ROGI:RS,  A.  A.  C.,  claimed  seat  as  Representative   from   Ar 

kansas,  and  refused,  141. 
ROGERS,  ANDREW  J.,  Representative  in  Thirty-Eighth  Con 

gress,  140;  resolutions  asking  for  the  appointment  o 

peace  commissioners,  21.9. 
ROGERS,  ST.  GEORGE,  Representative  in  Second  Rebel  Con 

gress,  402. 
ROLLINS.  EDWARD   II.,    Representative    in   Thirty-Seventh 

Congress,  122;  Thirt.v-Kiglilh,  140. 
ROLLINS,  JAMES  S.,  Representative  hi  Thirty-Seventh  Con 

gress.  1J2;  Tliirty-Eighfh,  1  40;  on  compensated  eman 

cipation,  213-217;  resolutions  i  elating  to   the  prosecu 

lion  ot'llie  war,  280;    to  compensation  of  loyal    slave 

owners,  5Jl. 
ROMAN.  A.  i,.  Ilwbwl  Commissioner,  110. 


ROMAN.  J.  DIXON,  Member  of  Peace  Conference,  68. 
Rosr,  D.  G.,  Proxy  of  Governor  Morton  at  A!  toona  meeting, 
238. 

IOSECR.YNS,  WILLIAM  S.,  Major  General,  exclusion  of  Metro- 
po'.itan  Rfcoi  d  from  his  department,  192 ;  orders  re 
specting  the  election  in  Missouri,  445;  and  religions 
convocations,  and  explanatory  letter  upon,  538;  modi 
fication  of  said  order  l>y  General  Pope,  554. 

iloss,  LEWIS  W.,  Representative  in  Thirty-Eighth  Congress, 
140;  resolution  to  give  pay  and  mileage  to  civilians  ar 
rested  and  released  without  trial,  183. 

[loss,  Ror.GRT  J.,  Commissioner  to  the  President  from  the 
Legislature  of  Mary  land,  9;  report  of,  9. 

ROST,  P.  A.,  Commissioner  to  England,  letter  of,  to  Earl 
Russell,  27 ;  reported  conversation  wilh  Earl  Russell,  27. 

ROUSSEAU.  LOVELL  II.,  vote  for  Vice  President  in  Union  Na 
tional  Convention,  407. 

ROYCE,  HOMER  E.,  Representative  in  Thirty-Sixth  Congress. 
48. 

ROYSTON,  GRANDISON  I).,  Representative  in  First  Rebel  Con 
gress,  401. 

RUFFIN,  THOMAS,  Representative  in  Thirty-Sixth  Congress, 
49;  telegram  sent  South,  37;  member  of  Peace  Con 
ference,  08;  Deputy  in  Rebel  Provisional  Congress,  400; 
death,  401. 

RUGER,  Lieutenant  Colonel,  instructions  of  General  Banks 
to,  153, 154. 

RUSSELL,  CHARLES  W.,  Deputy  in  Rebel  Provisional  Con 
gress,  400;  Representative  in  First  Congress,  402; 
Second,  402;  proposition  on  peace,  456. 

RUSSELL,  (EARL,)  rebel  Commissioners' letter  to.  27;  reply 
of,  27 ;  letter  of  Lord  Lyons  to,  on  Foreign  Mediation, 
347-348 ;  letter  of,  to  Lord  Lyons,  on  the  Trent  Affair, 
338;  same  to  same,  on  same,  342. 

RUST,  ALBERT,  Representative  in  Thirty-Sixth  Congress, 
49 ;  member  of  Committee  of  Thirty-three,  53 ;  report 
of,  58 ;  Deputy  in  Rebel  Provisional  Congress,  400. 

S 

SABBATH,  THE,  President  Lincoln's  order  on  observance  of, 
605. 

SALMON,  B.  S.,  arrest  of,  153. 

SALOMON,  EDWARD,  Governor  of  Wisconsin,  signer  of  Al- 
toona  address,  233. 

Kan  Francisco  See,  upon  a  Pacific  republic,  42. 

SANDERS,  GEORGE  N.,  Letter  to  Governor  Seymour  and 
others,  on  reconstruction,  &c.,  330;  Niagara  Falls  Con 
ference,  301-303. 

SANGSTON,  LAWRENCE,  arrest  of.  152. 

SARGENT,  AARON  A.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

SAUERWEIN,  PETER  G.,  emancipation  resolutions  offered  by, 
and  adopted  in  Baltimore  City  Union  Convention  in 
1862,  226. 

SAULSBURY,  WILLARD.  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  member  of 
Border-States  Committee, 73;  resolutions  on  arrests  in 
Delaware,  181,  and  release  of  prisoners,  182;  amend 
ments  to  bill  repealing  the  fugitive  slave  laws,  236, 
237  ;  to  the  bill  creating  a  new  article  of  war,  238 ;  to 
freedme-i's  bill,  200;  to  army  appropriation  bill,  283; 
to  tax  bill,  375;  and  to  resolution  of  censure  of  Ex- 
President  Buchanan,  387;  joint  resolution  for  peace 
commissioners,  296;  proposed  constitutional  amend 
ment,  257  ;  amendments  to  bill  to  secure  the  freedom 
of  colored  soldiers'  families,  503,  and  to  resolution  of 
inquiry  for  Hampton  Roads  Correspondence,  569. 

Savannah  News,  December24,lSGO,  publication  of  Senator 
Toombs's  address  to  Georgia,  37. 

SCHENCK,  ROBERT  C..  Major  General,  orders,  Ac.,  concerning 
elections,  309,311;  reply  to  Governor  Bradford,  311; 
orders  respecting  churches  in  Baltimore,  524,  526,  and 
letters  respecting,  525. 

SCHENCK,  ROBERT  C.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  resolution  upon  eligibility  of,  375  ;  resolu 
tion  on  the  war,  294 ;  resolution  to  censure  Benjamin 
G.  Harris,  375;  amendments  to  the  enrollment  bill, 
265,  266,  268;  proposition  relative  to  courts-martial, 
561 ;  resolution  for  the  rescinding  of  the  order  requir 
ing  that  colored  persons  leaving  the  District  of  Colum 
bia  shall  have  passes,  594. 

SCHNABLE,  ELLIS  B.,  arrest  of,  153. 

SCHOFI::LD,  JOHN  M.,  Major  General,  orders  concerning  elec 
tions,  314,315;  reply  to  Rev.  Dr.  McPheeters,  535. 

SCHOOLS,  colored,  legislation  respecting,  244. 

SCOFIELD,  GI.ENNI  W.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

SCOTT,  CHARLES  L.,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  lor  a  Pacific  republic,  41. 

SCOTT.  JOHN  G.,  Representative  in  Thirty-Eighth  Congress, 

SCOTT,  OTHO,  Commissioner  to  President  Lincoln  from  the 
Ltvjinlntoro of  Maryland,  and  report.  9. 


(548 


INDEX. 


SCOTT,  ROBERT  E.,  Deputy  iu  Rebel  Provisional  Congress,  400. 

SCOTT,  T.  PARKIN,  arrest  of,  152;  votes  and  motions  in 
Maryland  Legislature,  396-398. 

SCOTT,  WINFIELD,  Lieutenant  General.  President  Lincoln's 
allusion  to  retirement  of,  135 ;  letter  relative  to  quotas 
of  amis,  35,  36;  order  to  Col.  Martin  Burke,  relative 
to  military  prisoners,  152;  President's  orders  to,  re 
specting  suspension  of  habeas  corpus,  177. 

SCRANTON,GEORGE  W.,  Representative  in  Thirty-Sixth  Cou 
gress,  48. 

SEBASTIAN,  WILLIAM  K.,  Senator  in  Thirty-Sixth  Congress, 
48;  member  of  Border-States  Committee,  73. 

SECESSION  movement  developed,  2-47. 

SECESSION  Ordinances,  vote  on,  in  South  Carolina,  398,  399 ; 
Florida,  399;  Virginia,  note,  7;  Tennessee  military 
league,  5 ;  Arkansas,  399 ;  Louisiana,  588-590. 

SECESSION,  right  of,  Mr.  Doolittle's  amendment  respecting, 
63;  Thomas  E.  Franklin's,  in  Peace  Conference,  and 
David  Dudley  Field's,  69 ;  President  Buchanan's  opin 
ion,  49. 

SECRET  ASSOCIATIONS.  J.  Holt's  report  on,  445-454. 

SEDDON,  JAMES  A.,»Meuiber  of  Peace  Conference,  68 ;  report 
on  its  proposition,  6;  adjustment  proposition,  69 ;  Dep 
uty  in  Rebel  Provisional  Congress,  400;  rebel  Secretary 
of  War,  401 ;  declined  to  receive  Creoles  into  the  mili 
tary  service,  and  the  reason  given,  282. 

SEDGWICK,  CHARLES  B.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122 ;  substitute  for  emanci 
pation  bill,  200. 

SEGAR,  JOSEPH,  Representative  in  Thirty-Seventh  Congress, 
123;  claimant  in.  ThirtyEighth,  and  refused,  141;  cre- 
dentialsas  Senator  from  Virginia,  587. 

SEIZURES  of  Government  property  in  insurrectionary  States, 
28 ;  Governor  Letcher's  proposed  attempt  on  Fortress 
Monroe,  28. 

SEMMES,  THOMAS  J.,  Senator  in  First  Rebel  Congress,  401 ; 
Second,  402;  on  Declaration  of  Independence,  614. 

SENATE  Committee  of  Thirteen,  70 ;  proceedings  of,  70-72. 

SENATE,  UNITED  STATES,  resolution  respecting  the  Presi 
dent's  approval  of  the  anti-slavery  amendment,  591 ; 
oath  from  members,  603. 

Sentinel,  Richmond,  on  reconstruction  and  on  northern  tem 
per,  331. 

SEQUESTRATION  ACT,  rebel,  203,  204,  613 ;  Judge  Magrath's 
decision  on  constitutionality  of,  206. 

SEWARD,  WILLIAM  II.,  Senator  in  Thirty-Sixth  Congress,  48 
on  Committee  of  Thirteen,  70;  proposition  therein,  71 
also  respecting  armed  invasion,  71. 

SEWARD,  WILLIAM  II.,  Secretary  of  State,  108 ;  letters  to  com 
missioners  of  the  Southern  Confederacy,  108-111 ;  to 
Daniel  Lord  and  Governor  Washbururespectingarrests 
154;  to  Mr.  Adams  on  the  Trent  affair,  338;  to  Lore 
Lyons,  388;  on  foreign  enlistments,  343,  344;  to  GOT 
Hicks  on  foreign  mediation,  345:  to  Mr.  Dayton  in  re 
spouse  to  letter  of  M.  Drouyn  do  1'IIuys  on  mediation 
345,846;  letters  of,  and  Mr.  Dayton  respecting  the 
French  in  Mexico,  349,350;  to  the  President  on  the 
Arguelles  case,  355;  declining  to  receive  pi-ace  address 
from  Great  Britain,  4GO;  to  Mr.  Adams  on  the  Hampton 
Roads  Conference,  570.  Letters  of:  in  response  to  reso 
lutions  of  the  Synod  of  New  York  and  New  Jei'ney 
468;  New  School  Presbyterian  Assembly  of  1862,470 
West  New  Jersey  Baptist  Association,  470;  Philadelphia 
Baptists  of  186.',  476;  Vermont  Congregalionalists  o 
1862,481;  Congregational  Welsh  of  Pennsylvania  o 
1862,  481;  Pastoral  Letter  of  Bishops  of  Protestau 
Episcopal  Church,  493. 

SEXTON,  FRANK  B.,  Representative  in  First  Rebel  Congress 
402;  Second, 402. 

SEYMOUR,  HORATIO,  Governor  of  New  York,  letters  to  Dis 
trict  Attorney  Hall  respecting  the  suspension  of  the 
Journal  of  Commerce  anil  World  newspapers,  192,  193 
and  the  draft  in  Now  York  city,  274;  remarks  as  chair 
man  of  Democratic  National  Convention,  418,  419. 

SEYMOUR,  THOMAS  II.,  vote  for  Presidential  candidate  in  tin 
Democratic  National  Convention,  420. 

SHACKLEFORD,  JAMES  M.,  Brigadier  General, orders  respect 
ing  elections,  313,  314. 

SHANKS,  JOHN  P.  C.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  resolution  respecting  return  of  lugitiv 
slaves,  238. 

SHANNON,  THOMAS  B.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

SJiasta  (Cal.)  Herald,  on  Pacific  republic,  41. 

SHEFFIELD,  WILLIAM  P.,  Representative  in  Thirty-Seventh 

Congress,  122. 
SHELLABAKGER,  SAMUEL,  Representative  in  Thirty-Seventh 

Congress,  122;  resolution  on  the  war,  230. 
SHERIDAN,  PHILIP  II.,  Major  General,  vote  on  resolution  o 

thanks  to,  566. 
SHERMAN,  Jonx,  Representative  in  Thirty-Sixth  Congress 
48;  member  of  Border-States  Committee,  73;  proposi 
tion  of  adjustment,  55;  resolution  respecting  slavery  in 
the  Suites.  77. 


HERMAN,  JOHN,  Senator  iu  Thirty-Seventh  Congress,  122 ; 
Thirty-Eighth,  140;  amendment  to  confiscation  bill, 
122;  amendments  to  enrollment  bill,  202,  265  ;  amend- 
ment  to  bill  repealing  fugitive  slave  law,  256;  explana 
tory  remark  of  vote,  note,  243;  amendment  to  bill  to 
employ  colored  persons  in  the  United  States  service, 
275 ;  amendment  to  legal  tender  bill,  358. 

HERMAN,  SOCRATES  N.,  Representative  in  Thirty-Seventh 
Congress,  122. 

HERMAN,  THOMAS  W.,  Brigadier  General,  proclamation  to 
the  people  of  South  Carolina,  248. 

GERMAN,  WILLIAM  T.,  Major  General,  on  the  draft  of  1864, 
435. 

SHEWMAKE,  J.  T.,  Representative  in  Second  Rebel  Con 
gress,  402. 

SHIEL,  GEORGE  K.,  Representative  in  Thirty-Seventh  Con 
gress,  123. 

SHORTER,  JOHN  GILL,  Deputy  in  Rebel  Provisional  Congress, 
11,  400;  elected  Governor  of  Alabama,  400. 

SICKLES,  DANIEL  E.,  Rt^-esentative  in  Thirty-Sixth  Con 
gress,  48;  adjustment  proposition,  54;  report  in  fugi 
tive  slave  case,  250. 

SIMMONS,  JAMES  F.,  Senator  in  Thirty-Sixth  Congress,  48 ; 
Thirty-Seventh,  122  ;  resigned,  123;  remarks  on  "  per 
sonal  liberty"  laws, 47. 

SIMMS,  WILLIAM  E.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Senator  in  First  Rebel  Congress,  401 ;  Second, 
402. 

SIMPSON,  WILLIAM  D.,  Representative  in  First  Rebel  Con 
gress,  402;  Second, 402. 

SINGLETON,  OTHO  R.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  telegram  south,  37;  withdrew,  3;  declara 
tion  respecting  secession,  52;  Representative  in  First 
Rebel  Congress,  401 ;  Second,  402. 

SLAUGHTER,  THOMAS  C.,  Member  of  Peace  Conference,  68. 

SLAVERY,  TESTIMONY  op  CHURCHKSON,  Old  School  Presbyter 
ian,  463,  465,  466,  and  attempted  censure  of  in  New 
York  Synod,  466,  467  ;  New  School  Presbyterian,  469- 
471;  Reformed  Presbyterian,  (Old  School,)  472,  473; 
Reformed  Presbyterian,  473;  Cumberland  Presbyte 
rian,  473, 474;  United  Presbyterian,  474,  507;  Baptist 
Meeting  at  Brooklyn,  the  West  New  Jersey  Associa 
tion,  and  the  New  Jersey,  Philadelphia,  Pennsylvania, 
New  York,  and  Ohio,  and  American  Baptist  Missionary 
Union,  474-478;  Lutheran  General  Synod,  480;  Con- 
gregational,  480-482;  Congregational  Welsh  of  Penn 
sylvania,  481,  482;  Reformed  Protestant  Dutch,  483; 
Moravian,  483;  Protestant  Epir-copal  Convention  of 
Pennsylvania,  493;  Methodist  Episcopal  General  Con 
ference  of  1860  and  18G4,  494-499,  and  Baltimore  Con 
ference  of  1861,  496;  Methodist  Protestant  Conference, 
499,  500;  Free  Methodist  Conference  of  New  York,  501 ; 
Wesleyan  Methodists,  546-548 ;  Evangelical  Associa 
tion,  Genei-al  Conference,  501,  502;  Quaker  Yearly 
Meeting,  503;  Unitarian  Associations,  504,  548;  East 
Pennsylvania  Conference  of  United  Brethren.  504; 
General  Conventions  of  Universalists,  505,  506 ;  Young 
Men's  Christian  Association,  506;  American  Board  of 
Foreign  Missions,  507  ;  Menonites,  603,  604.  IN  INSUR 
RECTIONARY  STATES  :  Old  School  Presbyterian,  508-513; 
Baptists,  513-515;  Protestant  Episcopal,  515,  516;  Ad 
dress  of  the  "  Confederate"  Clergy,  517-521. 

SLAVERY,  the  avowed  cause  of  secession,  17  ;  Crawford's  res 
olution  respecting  the  Constitution  and,  76 ;  Sherman's 
resolution  on  non-interference  with,  in  the  States,  77  ; 
proposed  constitutional  amendment  to  protect,  in 
States,  59,  60 ;  other  propositions,  63-75;  Davis's  prop 
osition  respecting,  in  Senate  Committee  of  Thirteen, 
71:  proceedings  to  prohibit  in  the  Territories,  254,  255; 
Isaac  N.  Arnold's  bill  and  substitute,  254;  proceedings 
to  so  amend  the  Constitution  as  to  prohibit,  255-259, 
590;  Aaron  Harding's  resolution  on,  259;  William  R. 
Morrison's  resolution  on,  259 ;  characteristic  incidents 
of,  548. 

SLAVES,  bill  to  prohibit  employment  of,  in  dock-yards,  238; 
resolution  respecting,  and  vpte,  238. 

SLAVES  to  bo  enrolled  and  drafted,  274;  the  master  to  re 
ceive  bounty  of  $100,  275;  if  drafted  to  be  free,  275  ; 
proposed  tax  on,  361 ;  families  to  bo  free,  564,  565. 

SLAVES,  rebel  cmplinmrnt  of,  281,  282;  draft  of,  for  military 
service,  282;  views  of  Legislature  of  Alabama,  282; 
tax  imposed  in  1861,  370 ;  enrollment  of,  428,  611,  612; 
tax  on,  614. 

SLAVES,  RELIGIOUS  INSTRCCTION  of,  "  Confederate''  Presby 
terians  on,  513;  Georgia  Baptists,  on  marriage  of,  515; 
"Confederate"  Episcopalians  upon,  516;  South  Carolina 
Episcopalians,  Georgia  Baptists,  and  Bishop  Verot  of 
Savannah  upon,  548 :  Transylvania  Presbytery  of  1861 
upon, 548. 

SLAVE  TRADE,  African,  treaties  and  legislation  concerning, 
150-152. 

SLAVE  TRADE,  coastwise,  repeal  of  laws  regulating,  243,  244. 

SLID^LL,  JOHN,  Senator  iu  Thirty-Sixth  Congress,  48:  with 
drew,  4;  intermediary  between  Col.  Hayne  and  Presi- 


INDEX. 


649 


dent  Buchanan,  327 ;  correspondence  respecting  sur 
render  of  to  Great  Britain,  338,  342;  comments  of  the 
London  Times,  342,  343;  votes  in  Congress  on  arrest  of, 
343;  allusion  to  by  Mr.  Dayton,  350;  member  of  com 
mittee  of  secret  disunion  caucus,  392. 

SLOAN,  A.  SCOTT,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

SLOAN,  ITHAMAR  C.,  Representative  in  Thirty-Eighth  Con 
gress,  140;  propositions  for  constitutional  amendments, 
592. 

SLOOPS-OF-WAR.  construction  of,  authorized,  89. 

SMALL  NOTES,  proposed  legislation,  363-365 ;  President  Lin 
coln's  veto  of  bill  for,  359. 

SMALL.  ROBI.RT.  bill  for  relief  of,  239. 

SMITH,  CALEP  B..  Member  of  Peace  Conference,  68 ;  Secre 
tary  of  the  Interior,  108,  and  resigned,  108. 

SMITH,  CHARLES,  elected  Free  State  Senator  from  Louisiana, 
436;  vote  in  Louisiana  Convention  on  abolishing 
slavery,  332. 

SMITH,  EDWARD  H.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

SMITH.  E.  KIRBY,  General,  order  for  enrollment  of  negroes, 

&MITH,  GREEN  CLAY,  Representative  in  Thirty-Eighth  Con 
gress,  140 ;  resolutions  relating  to  the  war,  292,  293, 

SM^-H,  JAMES  C.,  Member  of  Peace  Conference,  67. 

S*«n  :n,  JAMES  M.,  Representative  in  Second  Rebel  Congress, 
402. 

BMKH,  ROBERT  H.,  Deputy  in  Rebel  Provisional  Congress, 
11,  400. 

CatJi'H,  WILLIAM,  Representative  in  Thirty-Sixth  Congress, 
i9;  adjustment  proposition,  54;  Representative  in 
First  Rebel  Congress,  402 ;  resigned  to  accept  military 
commission,  402;  elected  Governor  of  Virginia,  402; 
views  on  reconstruction,  331. 

SMITH,  WILLIAM  E.,  Representative  in  Second  Rebel  Con 
gress,  402. 

SMITH,  WILLIAM  N.  II.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  Deputy  in  Rebel  Provisional  Cmgress,  400; 
Representative  in  First  Congress,  402;  Second,  402; 
statement  of  .strength  of  rebel  army.  121,  399. 

SMITH,  WILLIAM  R.,  Representative  in  First  Rebel  Con 
gress,  401 ;  Second, 402. 

SMITHERS,  NATHANIEL  B.,  Representative  in  Thirty-Eighth 
Congress,  140;  amendment  to  enrollment  act,  268;  re 
port  on  Louisiana  case,  582-586. 

SNEAD,  THOMAS  L.,  Representative  in  Second  Rebel  Con 
gress,  40_\ 

SNOW,  WM.  D.,  credentials  of  as  Senator  in  Thirty-Eighth 
Congress,  588. 

SOLDIERS,  bills  to  increase  pay,  116,  271,  272;  homesteads 
for,  284. 

SOLWERS,  COLORED,  legislation  concerning,  274-279,  564,565; 
proposed  prohibition  of  payment  to,  283,  284;  rebel 
facts  concerning,  281-283,  611,  612— see  "  Colored  Sol 
diers." 

SOMES.  DANIEL  E.,  Representative  in  Thirty-Sixth  Congress, 
48;  member  of  Peace  Conference.  67. 

SOUTH,  overtures  of.  to  the  Northwest,  42. 

SOUTH  CAROLINA,  vote  for  President  in  I860, 1 ;  members  of 
Thirty-Sixth  Congress.  48,  49 ;  deputies  in  Rebel  Pro 
visional  Congress,  11,  400;  members  of  First  Congress, 
401,402;  Second,  402;  secession  movement  in,  2;  rati 
fied  Confederate  Constitution,  3 ;  Convention  rejects 
co-operative  action,  proffered  by  Virginia,  2 ;  resolu 
tions  relative  to,  2;  inter-State  commissioners  of,  11 ; 
declaration  of  independence,  12;  seizures  and  sur 
renders  in,  27  ;  letter  of  commissioners  of,  to  Mr 
Buchanan,  29 ;  Gov.  Pickens  of,  demands  the  surrender 
of  Fort  Sumter,  32;  Fort  Sumter  surrendered,  27 ;  se 
cession  of,  not  the  work  of  a  day,  but  maturing  for 
thirty  years,  18;  Convention  of,  sends  despatch  to 
Mayor  of  Macon,  38 ;  also  to  Mayor  of  New  Orleans, 
39;  personal  liberty  laws,  subject  of  complaint  in  con 
vention  of,  16,  17 ;  report  of  Judge  Withers  to  Conven 
tion  of,  19;  vote  on  secession  ordinance  of,  398  399- 
men  in  the  army,  399. 

SOUTHERN  Congress,  Rebel  Provisional,  officers,  and  pro 
ceedings  of,  12,400;  tariff  act  passed,  12;  commissioners 
admitted  from  North  Carolina,  12;  Constitution  of  Pro 
visional  Government  adopted,  12;  assumes  charge  of 
all  questions  and  differences  between  the  "sovereign 
States  of  the  Confederacy,"  and  the  United  States  Gov 
ernment,  12;  Texas  deputies  received,  12;  Jefferson 
Davis,  of  Mississippi,  elected  President.  12;  Alexander 
H.  Stephens,  of  Ueorgia,  elected  Vice  President,  12. 

SOUTHERN  manifesto,  37. 

SPAIN,  A.  C.,  Commissioner  from  South  Carolina  to  Ar 
kansas,  11 ;  vote  on  secession  ordinance,  399. 

SPALL-ING,  KUFUS  P.,  Representative  in  Thirty-Kighth  Con 
gress,  140;  bill  to  repeal  fugitive  slave  htw,  -J37 

SPAUKOW,  EDNVARD,  Deputy  in  Rebel  Provisional  Congress, 
11,  400;  Senator  in  First  Congress,  401;  Second,  4U2. 


SPAULDING,  ELBRIDGE  G.,  Representative  in  Thirty-Sixth 
Congress,  48;  Thirty-Seventh,  122. 

SPEED,  JAMKS,  Attorney  Genwral,  108. 

SPENCER,  WILLIAM  A.,  Letter  for  Convention  in  Maryland,  9. 

SPINNER,  FRANCIS  E.,  Representative  in  Thirty-Sixth  Con 
gress,  48. 

SPRAGUE,  WILLIAM,  Governor  of  Rhode  Island  and  signer  of 
Altoona  address,  233;  Senator  in  Thirty-Eighth  Con 
gress,  140. 

SPRATT,  L.  W.,  Commissioner  from  South  Carolina  to 
Florida,  11 ;  received  by  Convention,  3 ;  vote  for  seces 
sion  ordinance,  399. 

SPRINGFIELD  Mass  Convention,  President  Lincoln's  letter 
to,  335,336. 

STALLO,  Judge,  Letter  of  Wendell  Phillips  to,  411. 

STALLWORTH,  JAMES  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  sent  telegram  South,  37  ;  withdrew,  4. 

STANLEY,  EDWARD,  Military  Governor  of  North  Carolina, 

STANTON,  BENJAMIN,  Representative  in  Thirty-Sixth  Con 
gress,  49;  bill  to  re-organize  the  militia  of  the  District 
of  Columbia,  77 ;  to  suppress  insurrection,  77  ;  report 
on  transfer  of  United  States  arms  South,inlS5P-'60,34. 

STANTON,  EDWIN  M.,  Attorney  General,  28 ;  Secretary  of 
War,  108;  orders  on  military  arrests,  154;  form  of  ap 
pointment  of  military  governor,  179 ;  instructions  to 
Geueral  Saxton,  251,  252;  letter  to  General  ButleTTTri 
the  latter's  controversy  with  General  Phelps,  252;  or-  f 
ders,  &c.,  enforcing  the  draft,  272 ;  letter  on  commuta-X 
tion  clause  of  enrollment  act,  263;  to  Governor  An 
drew  respecting  colored  enlistments,  279;  reply  on 
alleged  foreign  enlistments,  343 ;  on  release  of  prison 
ers,  559,  560;  on  furloughing  drafted  clergymen,  564; 
despatches  touching  Hampton  Roads  Conference,  567- 
569;  order  in  case  of  Robert  Taylor,  of  Tennessee, 
charged  with  the  murder  of  his  slave,  549,  550. 

STANTON,  MRS.  E.  CADY,  Letter  to  Fremont  Club,  411. 

STAPLES,  WALLER  R.,  Deputy  in  Rebel  Provisional  Con 
gress,  400;  Representative  in  First  Congress,  402;  Se 
cond,  402. 

STAR  OF  THE  WEST,  fired  upon  by  the  rebels,  27. 

Star,  Washington,  publication  of  vote  on  Virginia  secession 
ordinance,  note,  7. 

STARR,  JOHN  F.,  Representative  in  Thirty-Eighth  Congress, 

STATE  OF  WEST  VIRGINIA,  bill  to  erect,  377,  378. 

STATE  TAXATION,  on  United  States  bonds  and  national 
banks,  358,  359,  360-364. 

STATES,  militia  of,  part  of  the  army  of  the  United  States, 
Jefferson  Davis's  opinion,  37. 

STEBBINS,  HENRY  G.,  Representative  ia  Thirty-Eighth  Con 
gress,  140 ;  resigned,  559. 

STEELE,  FREDERICK,  Major  General,  President  Lincoln's  let 
ter  to,  322. 

STEELE,  JOHN  B.,  Representative  in  Thirty-Seventh  Con 
gress,  122 ;  Thirty-Eighth,  140. 

STEELE,  WILLIAM  G.,  Representative  in  Thirty-Seventh  Con 
gress,  122 ;  Thirty-Eighth,  140. 

STEPHENS,  ALEX.  II.,  Deputy  in  Rebel  Provisional  Congress, 
11, 400 ;  commissioner  for  Confederate  States  in  making 
the  league  with  Virginia,  8 ;  elected  rebel  Provisional 
Vice  President,  12  ;  permanent,  401 ;  speech  before  the 
Georgia  Legislature  in  1860,  20-25;  fishing  bounties 
discussed  by,  21 ;  prediction  of  universal  emancipation, 
25  ;  extract  from  speech  in  Georgia  State  Convention, 
25 ;  extract  from  address  in  1859, 25,  26 ;  "  Confederate" 
Constitution  expounded  by,  103, 104;  correspondence 
with  Secretary  Welles,  respecting  pass  to  Washington, 
note,  307  ;  views  of,  on  reconstruction,  331 ;  Letters  on 
Peace,  430, 431, 457-459  ;  at  Hampton  Roads  Conference 
567,  508,  509,  571. 

STEPHENS,  LINTON,  peace  resolutions  of,  in  Georgia  Legisla 
ture,  621,  622, 

STEVENS,  R.  F.,  reply  to  J.  Holt's  report,  note,  446. 

STEVENS,  THADDEUS,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  Thirty-Eighth,  140 ;  in 
demnity  hill  of,  184;  propositions  to  amend  the  Consti 
tution,  258;  substitute  for  the  enrollment  bill,  266, 
207;  amendment  to,  268;  bill  for  enlistment  of  250,000 
colored  soldiers,  and  modification,  276;  joint  resolution 
offering  to  tret)  all  slaves  who  leave  their  masters  or  aid 
in  suppressing  the  rebellion,  287  ;  resolution  relative  to 
the  war.  288 ;  amendment  to  "  legal  tender :'  bill,  358 ; 
letter  of  Secretary  Chase  to,  on  •'  legal  tenders/'  358, 
359;  substitute  for  loan  bill,  360;  oubstitute  for  na 
tional  currency  bill,  3t>3,  3(14 ;  resolution  of  inquiry  for 
liamptoQ  Kouds  Conference, note,  566. 

STEVENS,  WILLIAM  H.,  Member  of  Peace  Conference,  6S. 

STEVZ.-SON,  JOHN  W.,  Representative  iu  Thirty-Sixth  Cou- 
gress,  49;  adjustment  proposition.  54. 

STEVENSON,  WILLIAM  E.,  motion  in  Baltimore  Convention 
405. 

STEWART,  UEOHGS  H.,  of  Maryland,  proceedings  of,  393,  and 
note,  394. 


050 


INDEX. 


STEWART,  JAMES  A.,  Representative  in  Thirty-Sixth  Con-  ] 
gress,  49 ;  adjustment  proposition,  55. 

STF.WAHT.  WILLIAM.  Representative  in  Thirty-Sixth  Congress, 
48:  Tl:irtv-S-v«-iith,  122. 

STEWA'IT,  WILLIAM  M..  Senator  in  Thirty-Eighth  Congress, 
559. 

STILES,  JOHN  D.,  Representative  in  Thirty-Seventh  Con 
gress,  123;  Thirty-Eighth.  140. 

STOCKTON",  ROBERT  F.,  Member  of  Peace  Conference.  G7. 

STOKES,  WILLIAM  B.,  Representative  in  Thirty-Sixth  Con 
gress,  49. 

STONE,  CHARLES  P.,  Brigadier  General,  resolution  respecting 
arrest  of,  179;  President  Lincoln's  reply,  180. 

STORY,  JOSEPH,  Justice,  upon  freedom  of  the  press,  188. 

STOUT,  L\NSING,  Representative  in  Thirty-Sixth  Congress, 
49;  member  ot  Committee  of  Thirty-three,  53;  report 
of,  58. 

STOVELL,  B.  L.,  Speaker  of  Tennessee  rebel  Senate,  281. 

STRATTON,  JOHN  L.  N.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122;  member  of  Committee 
of  Thirty-three,  53. 

STRICKLAND,  HARDY,  Representative  in  First  Rebel  Con 
gress,  401. 

STRONG,  WILLIAM,  Justice,  opinion  on  enrollment  act,  273. 

STROCSE,  MYI;R,  Representative  in  Thirty-Eighth  Congress, 
140. 

STRYKEK,  THOMAS  J.,  Member  of  Peace  Conference,  67. 

STUART,  ALEXANDER  H.  II.,  vote  on  secession  ordinance, 
no1,e.,  7;  adjustment  proposition,  74;  delegate  from  Vir 
ginia  to  President  Lincoln,  112. 

STUART,  JOHN  T.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

SUBSTITUTION,  votes  on  abolishing,  264,  266,  563;  rebel 
abolition  of,  119. 

SULLIVAN,  ALGERNON  S.,  Letter  of  Secretary  Seward  on  ar 
rest  of,  154. 

SUMMERS,  GEORGE  W.,  vote  on  secession  ordinance,  note,  7  ; 
member  of  Pcaco.Conference,  68. 

SUMNF.R,  CH  \RLES,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  resolution 
respecting  arrests,  180 ;  proposition  in  Thirty-Second 
Congress  to  repeal  the  fugitive  slave  law,  234,235;  prop 
ositions  on  suffrage  to  colored  persons,  241,  on  exclu 
ding  them  trom  the  cars,  241,  242.  on  making  them 
witnesses,  242,  243,  442,  and  on  repealing  the  laws 
regulating  the  coastwise  slave  trade,  243;  proposed 
constitutional  amendment,  2o5 ;  frcedmen's  bill,  200; 
on  equalizing  the  pay  of  soldiers,  277  ;  amendments  to 
the  reconstruction  bill,  318,  the  Missouri  bill,  225,  226, 
to  the  national  currency  bill,  305,  to  letters  of  marque, 
377,  and  West  Virginia  bill, 377  ;  resolutions  on  Foreign 
Mediation,  346,  347,  on  the  prosecution  of  the  war,  2Jl, 
and  the  relations  wf  the  Insurrectionary  States,  322, 
323,  32G,  327 ;  letter  respecting  the  President  and  eman 
cipation,  2D3;  resolutions  relative  to  the  insurrectionary 
States,  320.  to  the  Rebel  debt,  575,  to  representation  in 
the  Senate,  588,  of  inquiry  for  the  Hampton  Roads 
Conference,  note,  569:  proposition  in  the  Louisiana 
case,  580;  resolution  relative  to  the  ratification  of  a 
constitutional  amendment,  591 ;  prooosed  constitutional 
amendment  respecting  representation,  592 ;  new  rule 
of  the  Senate,  note,  602. 

SUMTER,  Fort,  surrendered,  27 ;  correspondence  pending 
bombardment,  113, 114:  spirit  of  the  rebel  press,  114; 
Jeremiah  Cleuiens's  statement  respecting,  112. 

SUPREME  Court  of  the   United   States,  President   Lincoln's 
recommendation  concerning,  131 ;  Vallandigham's  case 
in,  175. 
SURRENDERS  of  Government  property  in  the  insurrectionary 

States,  28. 
SWAIN,  DAVID  L.,  Commissioner  from   North   Carolina  to 

Provisional  Congress,  12. 
SWAN,  WILLIAM  G.,  Representative  in  First  Rebel  Congress, 

402;  Second,  402. 
SWEAT,  LORENZO   D.  M.,  Representative  in   Thirty-Eighth 

Congress.  140. 

SWIFT,  W.  C.  N  ,  purchase  of  Government  arms,  in  1860,  35. 
SYNOD,  PRI'.SUYI'KRIAN,  proposed  action  of  New  York,  in 
1864,  4G6,  407  ;  action  of,  in  1801,  and  reply  of  Secretary 
Seward,  467,  468;  of  Missouri  in  1861  and  1864,  46S;  of 
Kentucky  in  1864,  468;  action  of  South  Carolina 
Synod,  iu  1860,  508. 


TANEY,  ROGER  B.,  Chief  Justice,  opinion  of,  in  Merryman 
case,  155-158  ;  remarks  on  General  Cadwalader's  refusal 
to  obey  hks  writ,  15o.- 

TAPPAN,  M  \so.\  V..  Representative  in  Thirty-Sixth  Con 
gress.  48;  Thirty-Seventh,  12-N  meinl'er  of  Committee 
ill'  Thirtv-threc,  53  ;  report  of,  57. 

TARIFF  acts  MI  1*61, 1SG2,  and  18U4,  enactment  of,  361,  36:2. 

TAUIT  l.uvo  of  the  United  States  alluded  to  us  a  cause  of 
,  17. 


TARIFF,  rebol,  12. 

TAX,  INCOME,  special  war,  357. 

TAX  o.v  SLAVES,  proposed  and  votes,  361,  302;  rebel,  laid  in 

1861,  370. 

TAX\TI  >N,  our,  357.  361-368. 
TAXATION,  rebel,  368-373,  613,  614,  619. 
TAXATION,  State,  prc-ceediHgs  iu  Congress  respecting,  359. 

360, 364. 
TAYLOR,  BAYARD,  charge  d'affaires,  intercepts  Confedt-r-ito 

despatch,  151. 

TAYLOR,  JOSEPH  W..  adjustment  proposition  of.  74,  75. 
TAYLOR,  MILES.  Representative  in  Thirty-Sixth  Congress.  49; 
withdrew.  4;  member  of  Committee  of  Thirty-three,  53; 
report  of,  58. 

TAYLOR,  ROUERT,  of  Tennessee,  court-martial  of,  548,  549. 
TI:LI;<;KAPH,  how  it  aided  secession,  37. 
TEN  EYCK,  JOHN  C.,  Senator  in  Thirty-Sixth  Congress,  48  ; 
Thirty -Seventh,   122;    Thirty-Eighth,   140 ;  resolution 
relating  to  the  war,  288;  proposition  in  Louisiana  case, 
578. 

TENNKSSEE,  vote  for  President  in  1860, 1 ;  members  of  \>>-w* 
Conference,  08;  Thirty-Sixth  Congress,  48;  Thinv- 
Seveuth,  122;  admission  to  the  "  Confederacy,"  401 ; 
Deputies  iu  Rebel  Provisional  Congress,  11,  400;  Mem 
bers  of  First  Congress,  401,  402 ;  Second,  402 ;  secession 
movement  in  Legislature  of,  5;  vote  on  adopting  tue- 
league  with  the  Confederate  States,  5;  reconstruction 
in,  and  abolition  of  slavery,  332. 

TENNESSEE,  act  of  rebel  Legislature  of,  for  enrollment  of 
free  persons  of  color  into  the  military  service  of  th',- 
State,  281 ;  men  in  the  army,  399. 

TENNESSEANS,  Protest  of,  against  Governor  Johnson's  elec 
tion  Proclamation  of  1864,  438-441;  reply  of  President 
Lincoln,  425. 

TERRITORIES,  bill  passed  settling  disputed  questions  con 
cerning,  89,  90 ;  to  prohibit  slavery  in,  25 1,  -55 ;  to  pro 
hibit  polygamy  in  U  tab,  376 ;  enabling  act  tor  Nebraska, 
377. 
TEVIS,  Lieut.  Col.,  or.ler  of,  respecting  Maryland  election, 

his  arrest  and  release,  311. 

TEXAS,  vote  for  President,  in  1860,1;  members  of  Thirty- 
Sixth  Congress,  48. 49 ;  admission  to  the  "  Confederacy,"" 
401;  Deputies  in  Rebel  Provisional  Congress.  11,  400 ; 
Members  of  First  Congress,  402;  Second,  402;  secession 
movement  in  Convention  :md  Legislat  ure  of.  4 ;  ratified 
confederate  constitution,  4 ;  seizures  and  surrenders  in, 
28  ;  men  in  the  army,  393. 

THAYER,  ANDREW  J.,  Representative  iu  Thirty-Seventh  Con 
gress,  122;  unseated,  123. 
THAYER,  ELI,  Representative  in  Thirty-Sixth  Congress,  48; 

proposition  of  adjustment,  53. 
THAYER,  M.  RUSSELL,  Representative  in  Thirty-Eighth  Con 
gress,  140. 
THOMAS,  BENJAMIN  F.,  Representative  in   Thirty-Seventh 

Congress,  122. 

THOMAS,  FRANCIS,  Representative   in   Thirty  Seventh  Con 
gress,  122;  Thirty-Eighth,  140;  on  compensate  i  eman 
cipation,  213-217  ;  amendment  to  the  enrollment  bill. 
269 ;  on  disunion  caucus  of  1835,  300. 
THOMAS,  J.  A.,  Assistant  Secretary  of  State,  letter  on  ci*4- 

zenship  of  colored  persons,  note,  382. 

THOMAS,  JAMES  II.,  Representative  in  Thirty-Sixth   Con 
gress,  49 ;  Deputy  in  Rebel  Provisional  Congress,  400. 
THOMAS,  J.  HANSON,  arrest  of,  152. 

THOMAS,  JX»HN.  Deputy  in  Rebel  Provisional  Congress,  409. 
THOMAS,  PHILIP  F.,  Secretary  of  the  Treasury,  and  resigna 
tion,  28;  bids  for  public  loan  under,  303. 
THOMASON,  HUGH  F.,  votes  in  Secession  Convention  of  Ar 
kansas,  399;  Deputy  in  Rebel  Provisional  Congress,  400. 
THOMPSON,  JACOB,  Secretary  of  the   Interior,  and   resigna 
tion,  28;  commissioner  from  Mississippi  to  North  Caro 
lina,  11;  received  by  letter,  5;  in  Cauad  i,  301. 
THOMPSON,  JAMES,  Justice,  decision  on  enrollment  act.  273, 

274. 
THOMPSON,  PHILIP  B.,  Member  of  bogus  Legislative  Council 

of  Kentucky,  8. 
THOMSON,  JOHN  R.,  Senator  in  Thirty-Sixth  Congress,  48; 

Thirty-Seventh,  122 ;  dea'h,  123. 
TIBBS,  WILLIAM  G.,  Representative  in  First  Rebel  Congress, 

402. 

TOBACCO,  rebel  regulations  for  destroying,  117. 
TOD,  DAVID,  Governor  of  Ohio,  and  signer  of  Altoona  Ad 
dress,  233;  vote  for  Vice  President  in  Union  National 
Convention.  407. 
TODD,  J.  B.  S.,  Delegate  from  Dacotah,  declaration  of,  note, 

590. 

TOLEN,  JOHN,  Major,  report  of,in  fugitive  slave  case,  2oO. 
TOMPKIN.S,  CYDNOR  B.j  Rt'preseutati ve  iu  Thirty-tiixth  Con 
gress,  49. 

TooMii.<.  Rom:RT,  Senator  in  Thirty-Sixth  Congress,  48-  on 
Senate  Committee  of  Thirtoe'.i,  70;  propositions  in,  71; 
despatch  to  L.  M.  Keitt,  37;  telegraphic  manifesto  and 
sensation;!]  despatch  cf,  £7.28;  1  eputy  in  Ilobel  Provi- 
sioiial  Congress,  11,  400;  provisional  Secretary  of  State 


INDEX. 


651 


and  resignation,  and  appointed  brigadier  general,  12, 
400;  elected  Senator  in  First  Rebel  Congress,  401 ;  letter 
on  reconstruction,  331. 

TOTTEX,  A.  0.  W..  Member  of  Peace  Conference,  68:  com 
missioner  for  Tennessee  in  making  a  league  with  Con 
federate  States,  5. 

TOWNSEND,  DWIGHT,  Representative  in  Thirty-Eighth  Con 
gress,  559  :  proposition  relative  to  Peace,  575. 

TRACY,  II EXE Y  \V..  Representative  in  Thirty-Eighth  Con 
gress.  140. 

TRAIN,  CHARLES  R.,  Representative  in  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122. 

TRANSYLVANIA  PRESBYTERY  of  1861,  on  the  marriage  of 
slaves,  548. 

TREAT,  AMOS,  Member  of  Peace  Conference,  67. 

TREAT,  S.  II.,  Judge,  decision  on  enrollment  act,  273. 

TRENHOLM,  GEORGE  A.,  rebel  Secretary  of  Treasury,  401. 

TRENT  AFFAIR,  the, 338-343;  Secretary  Seward  to  Mr.  Adams, 
33S ;  Earl  Russell  to  Lord  Lyons,  338 ;  Secretary  Seward 
to  Lord  Lyons,  338-342 ;  Earl  Russell  to  Lord  Lyons,  342; 
comment  of  the  London  Times,  342,  343;  action  of  Con 
gress  on,  343. 

TRIMBLE,  CAREY  A.,  Representative  in  Thirty-Sixth  Con 
gress,  49:  Thirty-Seventh,  122. 

TRIMBLE,  ISAAC  0.,  in  command'at  Baltimore,  and  subsequent 
career,  39.°.,  and  note. 

TRIPLETT,  GEORGE  W.,  Representative  in  Second  Rebel  Con 
gress,  402. 

TRIPPE,  ROBERT  P.,  Representative  in  First  Rebel  Congress, 
401. 

TROWBRIDGE,  ROWLAND  E.,  Representative  in  Thirty-Seventh 
Congress,  122. 

TRUMBULL,  LYMAX,  Senator  in  Thirty-Sixth  Congress,  48 ; 
Thirty-Seventh,  122;  Thirty-Eighth,  140;  amendment 
to  Jeff.  Davis's  bill  for  sale  of  United  States  arms,  36; 
report  on  Baltimore  police  commissioners,  179  ;  reso 
lution  respecting  arrests,  179 ;  proposition  to  repeal 
joint  resolution  of  July  17, 1862,  on  confiscation,  200 — 
see  260,562;  joint  resolution  proposing  amendments  to 
the  Constitution,  256;  proposition  to  repeal  the  commu 
tation  clause  of  enrollment  bill,  «ote,2Gl ;  resolution  on 
unemployed  generals,  285 ;  amendment  to  resolution 
respecting  the  cause  of  the  war,  286;  proposition  to 
enforce  the  laws  in  all  the  States,  291 :  substitute  for 
bill  to  encourage  emancipation  in  Missouri,  225,  i!26; 
reports  on  Arkansas  Senators,  320,  588 ;  proposition  rel 
ative  to  courts-martial,  562 ;  bill  to  allow  bail  in  certain 
cases,  562,  and  relative  to  representation  in  the  Elec 
toral  College,  578. 

TUCK,  AMOS,  Member  of  Peace  Conference,  68  ;  proposition 
for  a  Convention,  69. 

TURNER,  JOSIAH,  JR.,  Representative  in  Second  Rebel  Con 
gress,  402;  resolutions  on  peace,  614,  615. 

TURNER,  LEWIS  C.,  Judge  Advocate,  instructions  to  United 
States  Marshals,  &c.,  272. 

TURNER,  THOMAS  J.,  Member  of  Peace  Conference,  68. 

TURPIE,  DAVID,  Senator  in  Thirty-Seventh  Congress,  123. 

TUTTLE,  JAMES  M.,  Brigadier  General,  orders  at  Natchez, 
respecting  contrabands,  253. 

TWENTY-NEGRO  exemption  law,  rebel,  and  repeal,  120. 

TWIGGS,  DAVID  E.,  Major  General,  surrender  by,  of  his  com 
mand  in  Texas,  28. 

TYLER,  ERASTUS  B.,  Brigadier  General,  order,  respecting  an 
election  in  Delaware.  312. 

TYLER,  JOHN,  Sr.,  Member  of  Peace  Conference,  68;  elected 
President,  68;  report  of  Peace  Conference,  6;  commis 
sioner  for  Virginia  in  making  a  league  with  the  "Con 
federate  States,"  8 ;  Deputy  in  Rebel  Provisional  Con 
gress,  400. 

U 


UNDERWOOD,  JOHN  C.,  Judge,  opinion  of,  on  confiscation  act, 
206,207;  on  colored  persons  as  witnesses,  442,  443; 
credentials  as  Senator  from  Virginia,  588. 

UNDERWOOD,  JOSEPH  R.,  Letter  of  Brig.  Gen.  Buell  to,  250. 

UNDERWOOD,  J.  W  II.,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  sent  telegram  South,  37  :  withdrew,  3. 

UNDERWOOD,  LETI,  Member  of  Peace  Conference,  67. 

UNEMPLOYED  GENERALS,  proceedings  in  Congress  concern 
ing,  285 — see  "  Generals." 

UNION,  preservation  of  national,  resolutions  concerning, 
75,  285. 

ONION  LEAGUE,  platform  of  1864,  410. 

UNION  NATIONAL  CONVENTION,  proceedings  of,  403-410. 

UNITARIAN  CHURCH,  resolutions  of  Western  Unitarian  As 
sociation,  504;  other  fuels  concerning,  504  ;  of  Spring 
field  Convention  of  1803,  548. 

UNITED  BRETHUEN  CHURCH,  resolutions  of  East  Pennsylva 
nia  Conference,  504;  President  Lincoln's  and  Secretary 
Sttintou's  order  for  the  occupation  of  churches  in  the 
'  insurrectionary  States,  522. 


UNITED  STATES  FLAG,  to  be  snppreseed  in  Baltimore,  Kife, 
394 ;  Policeman  Daneker's  refusal  to  "  condescend  "  to 
pull  it  down,  and  resignation  of  place,  394;  William 
T.  Butler's  resignation,  394. 

UNIVERSALIST  CHURCH,  resolutions  of  General  Conventions 
of  1S61,  1862, 1863,  and  1864,  505,  506. 

UPSON,  CHARLES,  Representative  in  Thirty-Eighth  Con 
gress,  140 ;  report  on  Louisiana  case,  582-580. 

UPTON,  CHARLES  II.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  unseated,  123. 

USHER,  JOHN  P.,  Secretary  of  the  Interior,  108;  report  of, 
on  colonization  experiment,  note,  212. 

UTAH,  polygamy  in,  act  to  prohibit,  376. 


VALLANDIGHAM,  CLEMENT  L.,  Representative  in  Thirty-Sixth 
Congress,  49;  Thirty-Seventh,  122;  proportions  of  ad 
justment,  55,  73;  arrest  and  trial,  162;  refusal  of 
Judge  Leavitt  to  grant  writ  of  habeas  corpus,  and  his 
opinion,  162;  order,  directing  that  he  be  sent  beyond 
the  lines,  162;  letter  on  retaliation,  175;  case  in 
United  States  Supreme  Court,  175;  correspondence 
concerning,  167-175;  return  and  address  at  Hamilton, 
175;  at  Dayton,  176;  notices  by  the  press,  177  ;  amend 
ment  to  army  appropriation  bill,  283;  resolutions  re 
lating  to  the  war,  288;  peace  resolution,  296;  resolu 
tion  respecting  the  Trent  affair,  343;  resolution  of  cen 
sure  of  President  Lincoln,  38(5 ;  motion  to  make  Gen. 
McClellan's  nomination  unanimous,  420;  allusion  in 
his  Sydney  speech  to  the  Chicago  Platform,  note,  421; 
letter  to  the  New  York  News,  423. 

VAN  BUREN,  JOHN,  letter  of  George  N.  Sanders  to,  330. 

VANCE,  ZEBULOX  B.,  Representative  in  Thirty-Sixth  Con 
gress,  497 ;  correspondence  with  Jefferson  Davis  on 
peace,  306,  307  ;  viows  on  reconstruction,  331. 

VANDEVF.R,  WILLIAM,  Representative  in  Thirty-Sixth  Con 
gress,  49 ;  Thirty •  Seventh,  122 ;  member  of  Peace  Con 
ference,  68 ;  of  Border  States  Committee,  73 ;  resolu 
tion  on  the  war,  291. 

VAN  HORN,  BURT,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

VAX  VALKEXBURGH.  ROBERT  B.,  Representative  in  Thirty- 
Seventh  Congress,  122;  Thirty-Eighth,  140. 

VAN  WINKLE,  PETER  G.,  Senator  in  Thirty-Eighth  Congress, 
140. 

VAN  WYCK,  CHARLES  II.,  Representative  in  Thirty-Sixth 
Congress,  48  ;  Thirty-Seventh,  122. 

VEATCH,  JAMES  C.,  Brig.  Gen.,  order  respecting  the  Methc- 
dist  Episcopal  Churches  in  Memphis,  522,  523. 

VEXABLE,  ABRAM  W.,  Deputy  in  Rebel  Provisional  Con 
gress,  400. 

VERMONT,  vote  for  President  in  1860, 1 ;  in  1864,  623;  mem 
bers  of  Peace  Conference.  67;  Thirty-Sixth  Congress, 
48;  Thirty-Seventh,  122;  Thirty-Eighth,  140;  "personal 
liberty"  laws,  44,  47  ;  vote  of  Legislature  on  ratifying 
the  anti-slavery  amendment,  596. 

VERREE,  JOHN  P.,  Representative  in  Thirty-Sixth  Congress, 
48 ;  Thirty-Seventh,  122. 

VESSELS,  United  States,  disposition  of— see  "  Report." 

VEST,  GEORGE  G.,  Deputy  in  Rebel  Provisional  Congress, 
400;  Representative  in  First  Rebel  Congress,  402; 
Second,  402;  Senator  in  Second,  611. 

VIBBARD,  CHAUNCEY,  Representative  in  Thirty-Seventh 
Congress,  122. 

VICKSBURG,  President  Lincoln's  remarks  on  fall  of,  33 4, 335. 

VILLERE.  CHARLES  J.,  Representative  in  First  Rebel  Con 
gress,  401 ;  Second,  402. 

VIRGINIA,  vote  for  President  in  1860,  1 ;  members  of  Peace 
Conference,  67 ;  of  Thirty-Sixth  Congress,  48,  49; 
Thirty-Seventh,  122;  Thirty-Eighth,  141,  587,  5S8; 
Governor  Letcher's  purchase  of  arms  prior  to  secession, 
36,  36;  address  of  members  of  Congress  to  the  people. 
39;  answer  of  President  Lincoln  to  the  delegation  from, 
112;  resolution  of  Convention,  112;  reconstruction 
movement  and  abolition  of  slavery  in,  321;  vote  of 
Legislature  on  ratifying  the  anti-slavery  amendment, 
598 ;  bill  to  erect  West  Virginia  out  of  parts  of,  377, 
378.  IN  REBELLION  :  Proposal  to  co-operate  with  South 
Carolina,  2;  secession  movement  in,  5-8;  vote  on  ordi 
nance  of  secession,  note,  7  ;  league  with  the  Rebel 
States,  8  ;  admission  to  the  "  Confederacy,"  401 ;  Depu 
ties  in  Reb"l  Provisional  Congress,  40U;  members  oi 
First  Congress,  401,  402;  Second,  402;  action  of  Legis 
lature  on  guerrillas.  119;  peace  resolutions  and  dis 
cussion  iu  Legislature  of,  304,  620,  021;  men  in  tho- 
army,  399;  bill  for  tho  employment  of  slaves,  note,  612. 

VOORHECS,  DANIEL  W.,  Representative  in  Thirty-Seventh. 
Congress.  122 ;  Thirty-Eighth,  140;  vote  for  Vice  Presi- 
dent  in  Democratic  National  Convention,  420. 

VOLUNTEERING,  rebel  restriction*  upon,  120. 

VOLUNTEERS,  the  several  calls  for,  114,  115,  270. 

VROOM,  PETER  D.,  Member  of  Peace  ConK-rcnce,  67. 


652 


INDEX. 


W 

WADE,  BENJAMIN  F.,  Senator  in  Thirty-Sixth  Congress,  48; 
Thirty-Seventh,  122;  Thirty-Eighth,  140 ;  on  Commit 
tee  of  Thirteen,  70;  amendments  to  reconstruction 
bill,  318;  paper  on  failure  of  said  bill,  332;  action  in 
Louisiana  case,  580. 

WADE,  EDWARD,  Representative  in  Thirty-Sixth  Congress,  49. 

WADSWORTH,  JAMES  S.,  Memberof  Peace  Conference,  67. 

WADSWORTH,  WILLIAM  II.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  140;  resolution  on  the 
powers  of  the  President,  327. 

WAITE,  CARLOS  A.,  Colonel,  appointed  to  supersede  General 
Twiggs  in  Texas,  28. 

WALDRON,  HENRY,  Representative  in  Thirty-Sixth  Congress, 
123. 

WALKER,  AMASA,  Representative  in  Thirty-Seventh  Con 
gress,  123. 

WALKER,  LEROY  POPE,  Commissioner  from  Alabama  to  Ten 
nessee,  11 ;  Provisional  Secretary  of  War,  and  resigna 
tion.  12,  400 ;  correspondence  with  Beauregard  before 
bombardment  of  Sumter,  113,  114;  speech  after,  114; 
appointed  brigadier  general,  400. 

WALKER,  RICHARD  WILDE,  Deputy  in  Rebel  Provisional  Con 
gress,  11,  400 ;  Senator  in  Second  Congress,  402. 

WALL,  JAMES  W.,  arrest  of,  153 ;  Senator  in  Thirty-Seventh 
Congress,  123. 

WALL,  WILLIAM,  Representative  in  Thirty-Seventh  Congress, 
122. 

WALLACE,  JOHN  W.,  Representative  in  Thirty-Seventh  Con 
gress,  122. 

WALLACE,  LEWIS,  Major  General,  suppression  of  Evening 
Transcript,  Baltimore,  192 ;  confiscation  orders  revoked, 
207,  208;  correspondence  with  Governor  Bradford,  311, 
312. 

WALLACE,  W.  H.,  delegate  from  Idaho,  declaration  of,  note, 
590. 

WALLIS,  S.  TEACKLE,  arrest  of,  152 ;  motions  and  votes  in 
Maryland  Legislature,  396-398. 

WALTON,  CHARLES  W.,  Representative  in  Thirty-Seventh 
Congress,  122. 

WALTON,  E.  P.,  Representative  in  Thirty-Sixth  Congress, 
48 ;  Thirty-Seventh,  122  ;  substitutes  for  emancipation 
bills,  200,  202. 

WAR,  new  article  of,  237,  238;  resolutions  relating  to  its 
objects,  285-290;  to  its  prosecution,  290-294;  extract 
from  rules  of,  for  the  protection  of  colored  soldiers, 
280;  special  income,  tax,  357. 

WAR,  THE,  how  and  why  made  upon  the  United  States,  112- 
114. 

WARD,  C.  L.,  letter  of  Mr.  Pfciidleton  to,  422. 

WARD,  ELIJAH,  Representative  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140. 

WARD,  G.  T.,  Deputy  in  Rebel  Provisional  Congress,  400. 

WARDLAW,  D.  Louis,  remarks  in  South  Carolina  Conven 
tion,  17  ;  vote  on  ordinance  of  secession,  399. 

WARFIELD,  HENRY  M.,  arrest  of,  152 ;  votes  in  Maryland 
Legislature,  390-398. 

WASHBURN,  CADWALLAD-ER  C.,  Representative  in  Thirty- 
Sixth  Congress,  49 ;  on  Committee  of  Thirty-Three, 
53  ;  report  of,  57  ;  member  of  Peace  Conferenee,  68. 

WASHBURN,  ISRAEL,  Jr.,  Representative  in  Thirty  Sixth  Con 
gress,  and  resignation,  48 ;  Secretary  Seward's  letter 
to,  respecting  Robert  Elliott's  arrest,  154;  Governor  of 
Maine,  :md  signer  of  Altoona  address,  233. 

WASHBURN,  WILLIAM  B.,  Representative  in  Thirty-Eighth 
Congress,  140. 

WASHP.URNE,  ELLIHUB.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  'jhirty-Seventh.  122;  Thirty-Eighth,  140; 
resolution  to  expel  Alexander  Long,  387  ;  letter  of 
Gen.  Grant  to,  on  Reconstruction,  note,  571. 

WATERS,  RICHARD  P.,  Member  of  Peace  Conference,  67. 

WATSON,  J.  W.  C.,  Senator  in  Second  Rebel  Congress,  402. 

WAUL,  T.  N.,  Deputy  in  Rebel  Provisional  Congress,  11, 
400. 

WAYNE,  JAMES  M.,  Justice  Supreme  Court  of  the  United 
States,  opinion  in  tho  Vallandigham  case,  175 ;  the 
latter's  comment  at  Hamilton,  176. 

WEBSTER,  EDWIN  II.,  Representative  in  Thirty-Sixth  Con 
gress,  48;  Thirty-Seventh,  122 ;  Thirty-Eighth,  140; 
views  on  compensated  emancipation,  213-217 ;  instruc 
tions  to  Conference  Committee  on  Montana  bill,  240, 
241. 

WEED,  THURLOW,  Letter  replying  to  Judge  Campbell's  re 
flections  on  Secretary  Seward,  111,  112. 

WELLES,  GIDEON,  Secretary  of  tho  Navy,  108 ;  correspond 
ence  with  Alexander  II.  Stephens,  note,  307  ;  letter  on 
alleged  foreign  enlistments,  344,  345. 

WELLS,  ALFRED,  Representative  in  Thirty-Sixth  Congress,  48. 

WELSH,  ISRAEL,  Representative  in  First  Rebel  Congress, 
401;  Second,  402. 

\VESLL:YAN  METHODIST,  action  of  General  Conference  of 
1864,546-548;  testimony  on  slavery,  546,  547,  548 ;  let 
ter  to  President  Lincoln,  546,  547. 


WEST  CHESTER  JEPFERSONIAN,  damage  for  the  seizure  of. 
441,  442. 

WEST  VIRGINIA,  Bill  to  erect  State  of,  377,  378,  and  nots; 
vote  of  Legislature  on  ratifying  the  anti-slav,  ry 
amendment,  599 ;  vote  at  Presidential  election  of  1864. 
623. 

WHALEY,  KELLIAN  V.,  Representative  in  Thirty-Seventh 
Congress,  122;  Thirty-Eighth,  141;  on  select  commit 
tee  on  compensated  emancipation,  213 ;  amendment  to 
West  Virginia  bill,  377. 

WHARNCLIFFE,  LORD,  correspondence  with  Mr.  Adams,  460. 

WHARTON,  T.  J.,  Commissioner  from  Mississippi  to  Tennes 
see,  11. 

WHEELKR,  EZRA,  Representative  in  Thirty-Eighth  Congress, 
141;  amendment  to  proposed  constitutional  amend 
ment,  257. 

WHEELER,  WILLIAM  A.,  Representative  in  Thirty-Seventh 
Congress,  122. 

Whig,  Richmond,  on  repealing  substitution,  121;  on  the 
Rebel  Governors,  430. 

WHITE,  ALBERT  S.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  resolution  for  select  committee  on  compen 
sated  emancipation,  213;  Missouri  and  Maryland  bills, 
224,  226. 

WHITE,  CHILTON  A.,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140. 

WHITE,  D.  V.,  Deputy  in  Rebel  Provisional  Congress,  400. 

WHITE,  JOSEPH  W.,  Representative  in  Thirty-Eighth  Con 
gress,  140. 

WHITE,  THOMAS,  Member  of  Peace  Conference,  67. 

WHITF.LEY,  WILLIAM  G.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  on  Committee  of  Thirty-three,  53;  report.  58. 

WHITFIELD,  R.  II.,  Representative  in  Second  Rebel  Con 
gress,  402. 

WHITTHORNE,  W.  C.,  Speaker  of  Tennessee  Rebel  House  of 
Representatives,  281. 

WICKHAM,  WILLIAM  S.  C.,  Representative  in  Second  Rebel 
Congress,  402. 

WICKLIFFE,  CHARLES  A.,  Member  of  Peace  Conference,  68; 
Representative  in  Thirty-Seventh  Congress,  122;  at 
Border  States  interview  with  the  President,  '211 ;  views 
on  compensated  emancipation,  213-217 ;  amendment 
to  enrollment  bill,  261;  propositions  relating  to  the 
war,  288 ;  to  the  rebellious  States,  323, 321;  resolutions 
for  reassembling  Democratic  National  Convention,  and 
for  "  letting  the  captives  free,"  420. 

WIGFALL,  Louis  T.,  Senator  in  Thirty-Sixth  Congress,  48; 
intermediary  between  Colonel  Hayne  and  President 
Buchanan,  32;  Deputy  in  Rebel  Provisional  Congress, 
11,400;  appointed  Brigadier  General,  401;  Senator  in 
First  Congress,  401;  Second,  402;  remarks  on  peace,  616. 

WILCOX,  JOHN  A.,  Representative  in  First  Rebel  Congress, 
402 ;  death,  402. 

WILCOX,  ORLANDO  B.,  Major  General,  despatches  respecting 
Hampton  Roads  Conference,  567. 

WILD,  E.  A.,  Brigadier  General,  orders  respecting  churches 
in  Norfolk  and  Portsmouth,  54:2,  and  Rev.  S.  II.  Wing- 
field,  553. 

WILDER,  A.  CARTER,  Representative  in  Thirty-Eighth  Con 
gress,  141. 

WILKES,  PETER  F.,  Representative  in  Second  Rebel  Con 
gress,  402. 

WILKINSON,  MORTON  S.,  Senator  in  Thirty-Seventh  Congress, 
122;  Thirty-Eighth,  140;  amendment  to  the  M"iit;ma 
bill,  240. 

WILLEY,  WAITMAN  T.,  vote  on  secession  ordinance  of  Vir 
ginia,  note,  7  ;  Senator  in  Thirty-Seventh  Congress,  123; 
Thirty-Eighth,  140 ;  report  on  excluding  colored  per 
sons  from  street  cars,  242;  amendment  to  the  freeti- 
men's  bill,  260:  resolutions  on  the  war,  288. 

WILLIAMS,  JOHN,  one  of  the  Tennessee  protesters,  438-441. 

WILLIAMS,  T.,  Brigadier  General,  Order  to  turn  all  fugitives 
from  his  camps,  251. 

WILLIAMS,  THOMAS,  Representative  in  Thirty-Eighth  Con 
gress,  141 ;  resolutions  on  the  relations  of  the  rebellious 
States,  328,  329;  on  Peace,  575;  action  on  Confiscation, 
562,  563. 

WILLIAMSON,  BENJAMIN,  Member  of  Peace  Conference,  67. 

WILMOT,  DAVID,  Member  of  Peace  Conference,  67  ;  Senator 
in  Thirty-Seventh  Congress,  122. 

WILSON,  HENRY,  Senator  in  Thirty-Sixth  Congi  ess,  48;  Thir 
ty-Seventh,  122 :  'i  hirty-Eighth,  140 ;  substitute  for  res 
olution  relative  to  General  Stone's  arrest,  180 ;  bill  to 
amend  the  fugitive  slave  law,  235;  proposition  respect 
ing  slaves  in  dock-yards,  238;  amendments  to  freed- 
men'H  bill,  200;  enrollment  bill,  261;  army  appropria 
tion  bill,  -J77;  tho  militia  bill,  275. 

WILSON,  JAMES.  Representative  in  Thirty-Sixth  Congress, 
49. 

WILSON,  JAMES  F.,  Representative  in  Thirty-Seventh  Con 
gress,  123;  Thirty-Eighth,  140;  amemliUory  joint  reso 
lution  on  confiscation,  202;  resolution  to  ratify  the 
emancipation  proclamation,  230  ;  on  Select  Committee 
on  compensated  emancipation.  213 ;  resolutions  respect- 


INDEX. 


653 


ing  an  additi  jnal  article  of  war,  238,  and  homesteads  for 
soldiers,  284;  proposition  on  re-construction,  577  ;  re 
port  on  repealing  act  relating  to  habeas  corpus,  562. 

WILSON,  ROBERT,  Senator  in  Thirty-Seventh  Congress,  123 ; 
views  on  compensated  emancipation,  213-217 ;  amend 
ments  to  the  Missouri  bill,  225. 

WILSON,  W.  S.,  Deputy  in  Rebel  Provisional  Congress,  11, 
400. 

WINANS,  Ross,  arrest  of,  152;  votes  in  Maryland  Legislature, 
396-398;  also,  394. 

WINANS,  THOMAS,  proposed  Member  of  Board  of  Public  Safe 
ty  of  Maryland.  9. 

WINDOM,  WILLIAM,  Representative  in  Thirty-Sixth  Congress, 
49:  Thirty-Seventh,  122  ;  Thirty-Eighth,  141 ;  onCom- 
mitttee  of  Thirty-three,  53;  proposed  constitutional 
amendment,  168. 

WINFIELD,  CHARLES  H.,  Representative  in  Thirty-Eighth 
Congress,  140. 

WINGFIELD,  S.  II.,  Reverend,  orders  of  Major  General  Butler 
and  Brigadier  General  Wild  respecting,  553. 

WINSLOW,  WARREN,  Representative  in  Thirty-Sixth  Con 
gress,  49;  on  Committee  of  Thirty-three,  53;  report  of, 
56. 

WINSTON,  JOHN  ANTHONY,  Commissioner  from  Alabama  to 
Arkansas,  1!. 

WISCONSIN,  vote  for  President  in  1860,  1;  in  1864,  623; 
members  of  Thirty-Sixth  Congress,  49 ;  Thirty-Seventh, 
122,  123;  Thirty-Eighth,  140;  vote  of  Legislature  on 
ratifying  the  anti-slavery  amendment,  599. 

WISE,  HENRY  A.,  proposition  in  Virginia  Convention  for 
Confederate  recognition,  6,  7  ;  vote  on  secession  ordi 
nance,  note,  7 ;  in  caucus  of  1835,  390. 

WITHERS,  THOMAS  J..  Deputy  in  Rebel  Provisional  Congress, 
2,  11,  400 ;  report  in  South  Carolina  Convention,  18, 19, 
20 ;  vote  on  secession  ordinance,  399. 

WITHERSPOON,  JAMES  M.,  Representative  in  Second  Rebel 
Congress,  402. 

WITNESSES,  colored  persons  as,  in  United  States  courts,  242, 
243,  442;  Judge  Underwood's  opinion  respecting,  442, 

WOLCOTT,  C.  P.,  Member  of  Peace  Conference,  68,  note. 

WOOD,  BENJAMIN,  Representative  in  Thirty-Seventh  Con 
gress,  122;  Thirty-Eighth,  140 ;  peace  proposition,  294, 
295. 

WOOD,  FERNANDO,  Representative  in  Thirty-Eighth  Con 
gress,  140;  New  York  as  a  free  city,  42;  correspondence 
with  President  Lincoln  on  peace,  296,  297 ;  propositions 
respecting  peace,  297,  298,  574;  letter  of  George  N. 
Sanders  to,  330. 

WOOD,  JOHN,  Member  of  Peace  Conference,  68. 

WOOD,  JOHN,  Representative  in  Thirty-Sixth  Congress,  48. 

WOOD,  WILLIAM  B.,  Colonel,  Secretary'Benjamin's  order  to, 
respecting  East  Tennessee  bridge-burners,  187. 

WOODBRIDGE,  FREDERICK  E.,  Representative  in  Thirty- 
Eighth  Congress,  140. 

WOODRUFF,  JOHN,  Representative  in  Thirty-Sixth  Congress, 

WOODRUFF,  GEORGE  C.,  Representative  in  Thirty-Seventh 
Congress,  122. 

WOCDSON,  SAMUEL  H.,  Representative  in  Thirty-Sixth  Con 
gress,  49;  on  Peace  Conference  proposition,  70. 

WOODWAED,  GEOBGS  W.,  Justice,  decision  on  enrollment  act, 


2«o,  274;  General  McClellan's  letter  respecting  the 
election  of,  as  Governor  of  Pennsylvania,  386. 

WOOL,  JOHN  E.,  Major  General,  Member  of  Peace  Confer 
ence,  67  ;  orders  respecting  contrabands,  248. 

WOOLFORD,  FRANK,  Colonel,  resolution  relative  to  imprison 
ment,  and  reply,  560. 

WORCESTER,  SAMUEL  T.,  Representative  in  Thirty-Seventh 
Congress,  122. 

World,  New  York,  seizure  of  office,  and  subsequent  proceed 
ings,  192-194. 

WORTHINGTON,  HENRY  G.,  Representative  in  Thirty-Eighth 
Congress,  559. 

WRIGHT,  AUGUSTUS  R.,  Deputy  in  Rebel  Provisional  Con 
gress,  11,  400;  Representative  in  First  Congress,  401 ; 
peace  proposition,  305. 

WRIGHT,  CRAFTS  J.,  Secretary  of  Peace  Conference,  68. 

WRIGHT,  UEXDRICK  B.,  Representative  in  Thirty-Seventh 
Congress,  122;  resolutions  on  the  war,  288-291. 

WRIGHT,  JOHN  C.,  Member  of  Peace  Conference,  68;  death 
of,  68. 

WRIGHT,  JOHN  V.,  Representative  in  Thirty-Sixth  Congress, 
49;  Representative  in  First  Rebel  Congress,  402 ;  Sec 
ond,  402. 

WRIGHT,  JOSEPH  A..  Senator  in  Thirty-Seventh  Congress, 
123 ;  superseded,  123. 

WRIGHT,  WILLIAM,  Senator  in  Thirty-Eighth  Congress,  140. 

WRIGHT,  WILLIAM  B.,  Representative  in  First  Rebel  Con 
gress,  402. 

WYLIE,  ANDREW,  Justice,  opinion  in  the  Hogan  habeas  cor 
pus  case,  562. 


YANCET,  WILLIAM  L.,  Rebel  Commissioner  to  England,  let 
ter  of,  to  Earl  Russell,  27  ;  reported  conversation  with 
Earl  Russtll,  27  ;  Senator  in  First  Rebel  Congress,  401 ; 
death,  401. 

YATES,  RICHARD,  Governor  of  Illinois,  signer  of  Altoona 
address,  233. 

YEAMAN,  GEORGE  II.,  Representative  in  Thirty-Seventh 
Congress,  123 ;  Thirty-Eighth,  140;  resolutions  on  the 
President's  emancipation  proclamation,  229 ;  resolutions 
on  the  status  of  the  rebellious  States,  327,  328 ;  propo 
sition  relative  to  guerrillas,  561. 

YELLOTT,  COLEMAN,  Letter  for  a  convention  in  Maryland,  9; 
public  safety  bill  in  the  Senate  of  Maryland,  9;  pro 
ceedings  on,  398;  commissioner  from  Legislature  ol 
Maryland  to  visit  Jefferson  Davis,  9;  report  of,  9;  also, 
393. 

YERGER,  E.  M.,  Commissioner  from  Mississippi  to  Florida,  11. 

YOUNG  MEN'S  CHRISTIAN  ASSOCIATION,  resolutions  of,  in  1863, 
506,  507.  IN  INSURRECTIONARY  STATES:  Address  of, 
517. 

YULEE,  DAVID  LEVY,  Senator  in  Thirty-Sixth  Congress,  48  ; 
withdrew,  3;  intermediary  between  Col.  Hayne  and 
President  Buchanan,  32;  "  secret "  disunion  letter  of, 


in 


ZACHARIE,  J.  W.  &  Co.,  purchase  of  Government 

1860,  35. 
ZOLLICOFFER,  FELIX  K.,  Member  of  Peace  Conference,  68. 


IsTOTIOES. 

A  FEW  TESTIMONIALS  OF  THE  FIRST  EDITION  ARE  GIVEN: 
From  Senator  Sherman. 

U.  S.  SENATE  CHAMBER, 

WASHINGTON,  March  12,  1865. 

DEAR  SIR:  I  have  carefully  examined  your  Political  History  of  the  Rebellion,  and  take  great 
pleasure  in   commending  its  accuracy  and  completeness.     You  have  condensed  in  a  compara 
tively  small  space  all  the  material  political  facts  of  the  rebellion,  and  have  provided  a  very 
food  index.     Your  book  is  not  only  valuable  as  a  convenient  reference  for  dates  and  events, 
ut  as  a  substantial  contribution  to  the  history  of  our  time. 

Very  truly,  yours, 

JOHN  SHERMAN. 

Hon.  EDWARD  MCPHERSON. 

From  Representative  Cox. 

HOUSE  OF  REPRESENTATIVES, 

WASHINGTON,  February  10,  1865. 

MY  DEAR  SIR  :  Allow  me  to  bear  my  testimony  to  the  value  of  your  political  and  historical  com 
pendium.  I  have  had  occasion  to  test  its  accuracy,  and  find  that  it  is  not  only  a  great  labor-sa 
ving  manual,  but  a  fall  and  truthful  account  of  the  great  causes  and  events  connected  with 
these  wonderful  years  of  our  Republic.  I  trust  that  your  research  and  care  may  be  abun 
dantly  rewarded  by  a  discerning  public. 

With  respect, 

S.  S.  COX. 
Hon.  EDWARD  MCPHERSON. 

HON.  THOMAS  D.  ELIOT,  in  the  New  Bedford  (Mass.)  Mercury,  of  May,  1865 :  "  It  is  the  most  exhaustive  digest  of 
political  facts  and  Congressional  action  which  has  been  prepared.  It  is  an  admirably  condensed  history,  and  an 
enlarged  edition  will  find  a  cordial  welcome." 

North  American  Review,  January,  1865:  "  Of  great  value  for  reference  and  consultation.  f»r  it  contains  a  vast  mass  of 
material,  judiciously  selected,  compactly  arranged,  and  conveniently  classified,  carefully  printed,  and  provided  with  a 
lucid  table  of  contents  and  a  good  index.  It  will  be  found  a  desirable,  almost  an  indispensable,  supplement  to  the 
methodical  histories  of  the  Rebellion." 

Harper's  Magazine,  November,  1864 :  "  No  one  who  has  not  occasion  to  use  such  a  work  for  constant  reference  can 
appreciate  the  admirable  manner  in  which  this  has  been  executed." 

American  Literary  Gazette.,  October  1:  "It  is  exceedingly  difficult  to  give  a  correct  idea  of  the  great  value 
of  this  book  in  anything  short  of  an  elaborate  review.  *  *  The  library,  public  or  private,  or  the  public  man,  who  is 
without  Mr.  McPherson's  history,  will  lack  one  of  tho  most  valuable  and  reliable  sources  of  information." 

New  York  Tribune,  September  17:    "It  is  beyond  comparison  tho  fullest  and   most  lucid  compilation  of  propo 
sitions,  votes,  acts,  &c.,  &c.,  in  Congress,  Military  Orders,  &c.,  &c.,  (Confederate  as  well  as  Union,)  that  was  ever  made." 
New  York  World,  September  20  :     "  A  full,  accurate,  and  clear  compilation." 

New  York  Times,  October  10:  "Wo  assure  all  who  have  occasion  to  study  the  events  of  the  current  history 
of  the  country  that  they  will  find  it  a  storehouse  of  information,  which  they  cannot  procure  in  so  compact  a  form  else 
where." 

New  York  Post,  October  11 :  "  It  is  every  way  a  work  deserving  of  the  warmest  commendation,  as  being  the  most 
complete  yet  compact  compilation  of  facts  and  documents  on  the  subject  of  which  it  treats,  that  has  yet  appeared." 

Philadelphia  I'ress,  September  21:  "lie  has  shown  not  merely  industry,  but  judgment  and  ability  in  collecting, 
condensing,  and  properly  arranging  his  materials.  *  *  Tho  copious  and  exact  index  makes  the  book  invaluable, 
because  most  readily  accessible  for  reference." 

Pldladc.lphia  Ag>',  September  21 :  "  It  Is  a  complete  synopsis  of  Federal  and  Confederate  political  history  since  1860. 
No  question  or  matter  of  importance,  is  omitted." 

Philadelphia  North.  American,  September  22  :  "One  of  tho  most  valuable  political  digests  which  have  been  published 
in  this  coimtry  for  a  long  time." 

Philadelphia  Inquirer:    "  A  copious,  accurate,  and  valuable  contribution  to  our  national  history." 
Philadelphia  Sunday  Dispatch,  September  25  :     "A  work  of  reference  which  no  politician  nor  citizen  who  desires  to 
be  well  posted  in  the  affairs  of  th>j  nation  can  do  without." 

Pliiladelphia  Ledger,  Suptember  28:     '•  As  a  work  of  reference  and  material  for  tho  future  historian,  it  is  infaluable." 
Philadelphia  Evening  Telegraph,  October  26:     "  No  one  who  takes  any  interest  in  the  great  events  which  have  for  four 
years  convulsed  our  land  should  neglect  to  peruse  with  care  this  really  valuable  \vork." 

1  'hiladclphia  Keening  bulletin,  October  27:  "It  more  than  fulfils  tho  expectations  that  were  raised  concerning  it. 
We  must  express  our  admiration  of  the  Zen!,  intelligence,  and  industry  shown  in  tho  preparation  of  this  work." 

Baltimore  American,  September  26:  "Wo  can  hardly  refei  to  another  instance  of  such  successful  condensation  as 
this  book  exhibits.  It  requires  no  puffing  to  attract  purchasers." 

Washington  National  Intelligencer,  August  26 :  "  In  no  other  work  can  they  find  the  materials  of  history  so  faithfully 
compiled,  so  copiously  selected,  and  so  judiciously  arranged.  To  all  students  of  history,  to  journalists,  to  publicists,  and 
to  intelligent  readers  of  every  class,  it  will  be  an  invaluable  repository  of  facts  and  memoranda  relating  to  the  eventful 
times  in  which  we  live." 

Washington  Chronicle,  September  2:  "It  is  tho  most  thorough  work  of  the  kind  we  have  ever  seen.  A  volume  like  this 
eaves  an  immensity  of  labor  to  the  legislator,  the  editor,  and  the  public  speaker,  as  well  as  to  tho  historian." 

Boston  AdwrtiST,  December  15:  "The  limits  presented  to  tho  compiler  have  been  used  to  extraordinary  advantage, 
and  lor  reference  we  know  of  no  single  volume  approaching  in  value  to  this." 

JSoston  Traveller,  December  15:  "No  oilier  work  yet  published  is  equal  to  it  either  as  an  authority  or  for  thor 
oughness  and  completeness." 

Bntlan  Post,  February  21,  1865:  "We  have  given  it  a  careful  examination,  and  believe  it  is  a  very  valuable  companion 
for  the  student  of  tho  rebellion.  Tho  arrangement  of  tho  matter  is  admirable,  and  this,  in  connection  with  the  index, 
greatly  facilitates  investigation." 

Tin:  Mil/iodist,  April  15,  1865:  "Mr.  MePherson  had  a  hard  task  before  him,  and  he  has  done  it  well.  His  history  is 
by  id!  -..Ids  the  most  valuable  work  of  its  kind  yet  published.  *  *  We  think  his  the  most  feasible  and  sensible  plan 
of  writing  the  history  of  the  rebellion." 

London  Athemntm,  January  7,  1865  :  "  As  far  as  we  have  been  able  to  test  it,  tho  book  is  an  accurate  and  thoroughly 
how-it  repertory  of  historical  dnta ;  and  in  that  light,  we  doubt  not,  it  will,  in  the  course  of  a  few  years,  be  esteemed 
by  writers  and  students  of  all  countries  and  all  parties." 

655 


McPherson's  Political  Publications. 


Political  History  of  the  United  States  during  the  Great  Eebellion, 

From  November  6, 1860*  to  April  15, 1865,  the  date  of  the  death  of  Abraham  Lincoln. 

WITH  A  COPIOUS  CHAPTER  ON  THE  CHURCH  AND  THE  REBELLION. 


This  work  is  a  magazine  of  facts  of  the  highest  historical  interest  and  value,  and  the 
most  thorough,  accurate,  and  impartial  compendium  of  the  action  of  the  Government  of 
the  United  States  and  the  Rebel  Administration  which  has  been  published.  It  includes 
the  various  State  Papers  of  the  period  on  ALL  the  topics  of  the  War — Votes  in  Congress ; 
Presidential  Messages,  Proclamations,  and  Orders;  Judicial  Decisions;  Military  Orders ; 
Diplomatic  Correspondence ;  Compromise  and  Peace  Propositions ;  Lists  of  Members  of 
Union  and  Rebel  Congresses  and  Administration ;  the  whole  action  on  Slavery  in  its 
multiform  phases ;  action  of  the  various  Church  Bodies,  &c.,  &c. 

North  American  Review  :  "  Of  great  value  for  reference  and  consultation." 

Harper's  Magazine:  "No  one  who  has  not  occasion  to  use  such  a  work  for  constant  reference  can 
appreciate  the  admirable  manner  in  which  this  has  been  executed." 

The  Nation:  "The  completest  and  most  valuable  collection  of  the  kind  ever  made  in  this  country." 

New  York  Tribune:  "The  fullest  and  most  lucid  compilation  of  propositions,  votes,  acts,  &c.,  in  Con 
gress,  Btilitary  Orders,  &c.,  &c.,  (Confederate  as  well  as  Union,)  that  was  ever  made." 

New  York  World:  "A  full,  accurate,  and  clear  compilation.1' 

New  York  Post:  "Every  way  deserving  of  the  warmest  commendation." 

Philadelphia  North  American :  "One  of  the  most  valuable  political  digests." 

National  Intelligencer :  "In  no  other  work  can  they  find  the  materials  of  history  so  faithfully  compiled, 
so  copiously  selected,  and  so  judiciously  arranged." 

Washington  Chronicle:  "The  most  thorough  work  of  the  kind  we  have  ever  seen." 

London  Athenceum :  "An  accurate  and  thoroughly  honest  repertory  of  historical  data.1' 

One  vol.,  8vo.,  653  pp.,  cloth — Price  $5,  free  by  mail. 


Political  History  of  the  United  States  during  the  period  of  Reconstruction, 

(From  April  15,  1863,  to  Jnly   15.  1870,) 

Including  a  classified  summary  of  the  legislation  of  the  Thirty-ninth,  Fortieth,  and 
Forty-first  Congresses,  with  the  votes  thereon ;  together  with  the  Action,  Congressional 
and  State,  on  the  Fourteenth  and  Fifteenth  Amendments  to  the  Constitution  of  the  United 
States,  and  the  other  important  Executive,  Legislative,  Politico-Military,  and  Judicial 
facts  of  that  period. 

New  York  Tribune :  "  No  canvasser,  no  matter  on  which  side,  can  afford  to  be  without  this  volume  " 

New  York  Post:  "It  should  be  in  possession  of  all  who  desire  to  know  the  more  important  political 
events  of  the  past  few  years,  and  will  be  of  special  value  to  editors,  politicians,  and  public  men  generally  " 

Philadelphia  North  American:  "Such  a  work  as  this  demands  no  praise.  It  has  our  commendation 
and  commands  the  regard  of  all  who  have  to  do  with  either  national  or  local  politics." 

Philadelphia  Press :  "  This  is  not  merely  a  parliamentary  and  political,  but  also  a  personal  record. 

Washington  National  Republican:  "It  is  one  of  the  most  conrnlete  works  of  the  kind  ' 


seen." 

Cincinnati  Gazette :  "  The  book  is  a  necessity  to  every  politician,  editor,  and  student  " 
Chicago  Tribune :  "  As  a  book  of  reference,  it  will  be  found  invaluable  and  indispensable. 
Nashville  Press  and  Times:  "It  is  an  arsenal  of  effective  and  well-polished  weapons." 


Washington  Chronicle:  "It  is  not  difficult  to  see  that  a  book  with  so  rich  contents,  carefully  prepared 
accurately  stated,  and  copiously  indexed,  will  meet  a  great  public  want,  and  naturally  have  a  large 

ition:  "We  cannot  too  much  praise  the  industry  and  intelligence  of  the  compiler  whose  services 
I  not^be  forgotten,  are  not  rendered  to  one  party  at  the  expense  of  the  other,  but  impartially  to  the 


demand."  ""J 

The  Nation: 
it  should 
whole  people.' 

London  Saturday  Review:  "In  no  other  book  that  we  know  can  the  student  of  Transatlantic  politics 
find  so  complete  a  collection  of  the  materials  necessary  to  enable  him  to  trace  the  nro°ress  of  recent 
changes  in  the  American  Constitution." 


One  vol.,  8vo.,  048  pp.,  cloth — Price,  $5,  postage  paid. 


By  Hon.  EDWARD  McPHERSON,  LL.D., 
Cleric   of   the   House   of  Representatives,  U.  S. 


These  volumes  are  a  complete  digest  of  the  Political  Facts  of  the  eventful  period  they 
cover,  and  are  a  recognized  authority  for  their  fullness  and  accuracy.  They  are  compiled 
from  official  sources,  and  are  universally  accepted  as  IMPARTIAL.  To  all  students  of 
history,  to  journalists,  to  publicists,  and  to  intelligent  readers  of  every  class,  they  are  an 
invaluable  repository  of  facts  and  memoranda  relating  to  the  times  in  which  we  live 


JAMES  J.  CHAPMAN,  Publisher, 

METROPOLITAN  BOOKSTORE, 

Washington  City,  D.  C. 


HAND-BOOK  OF  POLITICS  FOR  Io72. 

BEING  A  RECORD  OF  IMPORTANT  POLITICAL  ACTION,  NATIONAL  AND  STATE, 
From  Jnly  15,  187O,  to  July  15, 


By  HON.  EDWARD  McPHERSON,  LL.D., 
Clerk  of  United  States  House  of  Representatives. 


3vo  ,  225  pp.,  cloth.     Price  $2.50,  postage  paid. 

Address,  JAMES  J.  CHAPMAN, 

PUBLISHER, 
"Washington,  D.  C. 


HAND-BOOK  OF  POLITICS  FOR  1874 

BEING  A  RECORD  OF  IMPORTANT  POLITICAL  ACTION,  NATIONAL  AND  STATE, 
From  July  15,  1872,  to  July  15,  1874. 


By  HON.  EDWARD  McPHERSON.  LL.  D., 
Clerk  of  United  States  House  of  Representatives. 


A.    tow  iXewspaper  IVotices  are  given: 

New  York  Evening  Post :  McPherson's  Hand-Book  of  Politics  has  become  one  of  the 
standard  publications.  The  volume  for  1874  is  of  even  more  than  usual  interest.  To  any 
one  \vho  desires  to  follow  the  current  of  politics,  this  book  is  almost  indispensable. 

New  York  Nation :  It  has  unusual  value,  and  is  as  indispensable  as  any  of  its  predecessors. 

N.  M.  //.,  in  New  York  Tribune  :  It  is  full  of  all  manner  of  political  statistics. 

Boston  Journal :  Indispensable  to  any  one  who  seeks  to  understand  political  movements. 

Chicago  Tribune  :  A«  the  work  i*  in  every  way  faithfully  performed,  it  cannot  fail  of  a 
cordial  reception.  It  is  invaluable  to  all  who  are  interested  in  national  affairs. 

Tii.e  Chicago  Advance  :  It  is  riot  only  a  convenient  and  useful  digest,  but  is  an  exceed 
ingly  instructive  sitmma  rerum  of  contemporary  legislation,  indicative  of  the  progress  of 
political  science  and  the  nature  of  the  questions  which  are  now  coming  to  the  front. 

Baltimore  American  :  The  biennial  manual  has  become  one  of  the  necessities  of  the  age. 

Louisville  Courier- Journal :  A  standard  authority  so  well  known  that  it  requires  no 
commendation.  No  one  who.  desires  to  be  well  informed  can  afford  to  be  without  the 
complete  set  of  Mr.  McPherson's  Hand-Books. 

Cincinnati  Times  :  It  should  be  in  the  hands  of  every  one  interested  in  the  approaching 
campaign. 

Richmond  Dispatch  :  It  is  fairly  prepared,  and  we  give  the  author  credit  for  shaping  his 
collation  with  reference  to  public  information,  and  in  no  sense  to  party  advantage. 

Pittsbnrg  Chronicle  :  It  should  be  in  the  hands  of  every  student  of  current  political 
affairs. 

JIarrisburg  Telegraph  :  Valuable  to  all  who  wish  to  have  in  a  convenient  form  for  ref 
erence  a  reliable  statement  of  important  political  action. 

Harrisburg  Patriot :  It  is,  in  brief,  a  carefully-digested  and  accurate  compendium  of 
the  politics  of  the  country. 

West  Jersey  Press  :  It  contains  all  that  is  worth  knowing  concerning  the  action  of  men 
and  parties  touching  the  political  problems  of  the  day. 

Newark  (N.  J.)  Courier  :  No  book  with  which  we  are  acquainted  gives  so  concise  and 
yet  so  clear  and  comprehensive  a  summary  of  the  principal  facts  of  the  political  history  of 
the  times  as  this  modest  compilation.  His  (the  compiler's)  tact  and  judgment  are  as 
admirable  as  his  fairness  and  accuracy. 

8vo.,  248  pp.,  cloth.     Price,  $2.50,  postage  paid. 


Address,  JAMES  J.  CHAPMAN, 

METROPOLITAN  BOOKSTORE, 

Washington  City,  D.  C. 


McPHERSON'S  HAND-BOOK  OF  POLITICS  FOR  1876. 

JULY    15,    1874,    to    JULY    15,    1876. 

It  contains  the  record  of  the  Forty-third  Congress  on  the  i%  Force  Bill,"  the  Supplemen 
tary  Civil  Bights  Act,  and  the  Resumption  Act  of  1875,  and  the  various  votes  in  the  Forty- 
fourth  Congress  on  the  repeal  of  the  latter  ;  on  the  various  Silver  Bills,  the  Amnesty  Bill, 
and  the  other  Political  votes  of  that  session ;  also  the  decisions  of  the  Supreme  Court  of 
the  United  States  on  the  Enforcement  Act ;  the  Civil  Rights  Acts  of  1866,  the  Union  Pacific 
Railroad,  and  others ;  the  Constitutional  Amendments  ottered  in  Congress;  the  changes 
made  and  proposed  in  State  Constitutions ;  the  PRESIDENT'S  action  and  that  of  Congress 
in  affairs  in  Arkansas,  Louisiana,  Mississippi,  and  Tennessee;  President  GRANT'S  Orders, 
Proclamations,  Messages,  and  Letters ;  Belknap's  Impeachment ;  Republican  and  Demo 
cratic  Conventions,  Platforms  and  Letters  of  Acceptance ;  State  Platforms,  Lists  of  Appro 
priations,  Election  Statistics,  Disbursements,  Receipts  and  Expenditures,  Public  Debt, 
Imports  and  Exports,  Currency  Tables,  &c.,  &c. 

One  vol.,  250  pp.,  Cloth.     Price,  $2.50,  post-paid. 


McPHERSON'S  HAND-BOOK  OF  POLITICS  FOR  1878. 

JULY    I,    1876,    to    JULY    I,    1878. 

Besides  containing  the  last  Annual  Message  of  President  GRANT,  and  the  Inaugural 
Address  and  first  Annual  Message  of  President  HAYES,  with  his  proclamations  and  orders, 
this  volume  contains  the  record  of  the  Electoral  Count  of  1876,  giving  in  detail  the  objec 
tions  urged  to  the  counting  of  every  electoral  vote,  and  the  action  of  the  Commission  and  of 
Congress  upon  it. 

It  also  gives  the  action  of  the  Executive  as  to  affairs  in  Louisiana  and  South  Caro 
lina,  from  the  date  of  the  Presidential  Election  in  1876  to  the  close  of  the  controversy  in 
April,  1877.  It  also  includes  the  decisions  of  the  U.  S.  Supreme  Court  on  the  Florida  Tele 
graph  Case,  the  Missouri  Cattle  Case,  the  Louisiana  Common  Carrier  Case,  the  Virginia 
Sequestration  Case,  and  on  the  Eight-hour  law. 

It  contains  a  full  record  of  Congressional  action  upon  the  Silver  Question,  upon  Re 
sumption,  Repeal,  and  other  financial  subjects ;  Tariff  and  Internal  Revenue  legislation ; 
Army  legislation ;  the  Constitutional  Amendments  made  and  pending  in  States,  and  pro 
posed  amendments  pending  in  Congress ;  also,  the  Pacific  Railroad  Funding  Act ;  the 
Political  Platforms  of  1877  and  1878;  lists  of  Appropriations ;  Election  Statistics ;  Receipts 
and  Disbursements  of  the  Government  by  classes,  from  1789  to  1877,  inclusive  ;  the  Public 
Debt ;  Imports  and  Exports ;  Currency  Tables,  &c.,  &c. 

One  vol.,  210  pp  ,  Cloth.    Price,  $2,  post-paid. 


McPHERSON'S  HAND-BOOK  OF  POLITICS  FOR  1880. 

JULY    I,  1878,    to   JULY  I,  1880. 


and 

record 

and  their  Deputies.     It  gives  the  recent  decisions  of  the  Supreme  Court  of  the  United 

States  upon  the  Election  laws,    together  with  the  Dissenting  Opinion  of   Justices  Field 

and  Clifford  in  the  Maryland  and  Ohio  Cases. 

It  also  contains  all  the  Financial,  Tariff,  and  Banking  votes  taken  during  the  period 
named,  and  the  proposed  action  on  Counting  the  Electoral  Vote,  on  the  Chinese  Question, 
and  on  the  Geneva  Award  Bill.  It  states  with  precision  the  recent  amendments  made  or 
proposed  to  the  Constitutions  of  many  of  the  States,  and  the  amendments  proposed  to 
the  Constitution  of  the  United  States.  It  states  the  proceedings  and  platforms  of  the 
Republican,  Democratic,  and  Greenback  National  Conventions,  with  the  candidates'  letters 
of  acceptance  ;  and  gives  valuable  tables  respecting  the  Public  Debt,  Appropriations,  Ex 
penditures,  Elections,  Cost  of  the  Rebellion,  &c. 

One  vol.,  210  pp.,  Cloth,  uniform  with  the  Hand -Book  for  1872,  1874,  1876,  and 
1878.  Price,  $2,  post-paid. 

JAMES  J.  CHAPMAN,  Publisher, 

METROPOLITAN  BOOKSTORE, 

911  Penn.  Ave.,  Washington,  D.  C. 


BERKELEY 


DEPT 


GENERAL  LIBRARY  -  U.C.  BERKELEY 


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